HomeMy WebLinkAbout02/01/2000Tuesday, February 1, 2000
5:00 p.m. — Study Session CC -2
6:30 p.m. — Regular Meeting
South Coast Air Quality Management District
Main Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Mayor Debby O'Connor
Mayor Pro Tem Eileen Ansari
Council Member Wen Chang
Council Member Carol Herrera
Council Member Bob Huff
City Manager Terrence L. Belanger
City Attorney Michael Jenkins
City Clerk Lynda Burgess
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an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours.
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NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
Next Resolution No. 2000-06
Next Ordinance No. 02(2000)
1. STUDY SESSION: 5:00 p.m. AQMD Room CC -8
Cost Benefit Analysis & LAFCO Process regarding Annexation
2. CALL TO ORDER: 6:30 p.m., February 1, 2000
PLEDGE OF ALLEGIANCE: Cub Scout Pack 737, Den 1
INVOCATION: (To be Announced)
ROLL CALL: Council Members. Chang, Herrera, Huff,
Mayor Pro Tem Ansari, Mayor O'Connor
APPROVAL OF AGENDA: Mayor
3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3A.1 Presentation of Certificates to Diamond Bar High School
CIF Champions and Diamond Bar High School Band
3B. CITY MANAGER REPORTS AND RECOMMENDATIONS:
4. PUBLIC COMMENTS: "Public Comments" is the time
reserved on each regular meeting agenda to provide an
opportunity for members of the public to directly address the
Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on
this agenda. Although the City Council values your comments,
pursuant to the Brown Act, the Council generally cannot take
any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five
minute maximum time limit when addressing the Citv Council.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 8, 2000 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 COMPLETE COUNT COMMITTEE MEETING - February 9, 2000 -
7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - February 10, 2000
- 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
FEBRUARY 1, 2000 PAGE 2
5.4 CITY COUNCIL MEETING - February 15, 2000 - 6:30 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
5.5 PLANNING COMMISSION - February 22, 2000 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.6 PARKS AND RECREATION COMMISSION - February 24, 2000 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.7 CENSUS TOWN HALL MEETING - February 26, 2000 - 9:00 a.m.
to 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.8 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30
p.m.
6. CONSENT CALENDAR:
6.1 PLANNING COMMISSION MINUTES - Regular Meeting of December
14, 1999 - Receive and File.
Requested by: Planning Division
6.2 VOUCHER REGISTER - Approve Voucher Register dated
February 1, 2000 in the amount of $2,279,413.79.
Requested by: Finance Division
6.3 TREASURER'S STATEMENT - Submitted for City Council's
review and approval is the Treasurer's Statement for
December, 1999.
Recommended Action: It is recommended that the City
Council review and approve the Treasurer's Statement for
December, 1999.
Requested by: Finance Division
6.4 NOTICE OF COMPLETION FOR THE GOLDEN SPRINGS DRIVE
REHABILITATION PROJECT BETWEEN GRAND AVENUE AND TORITO
LANE - On July 20, 1999, Council awarded a construction
contract to Excel Paving Co. in the amount of $742,593,
with a contingency amount of $75,000, for a total
authorization amount of $817,593. With the issuance of
the Notice to Proceed on September 7, 1999, construction
was completed on December 13, 1999, with the exception of
punch list items. On January 17 staff determined that
all work including punch list items were complete and in
accordance with the specifications prepared and approved
by the City. The final construction contract amount is
$801,799.04.
FEBRUARY 1, 2000
PAGE 3
Recommended Action: It is recommended that the City
Council accept the work performed by Excel Paving Co. and
authorize the City Clerk to file the Notice of Completion
and release any retention amounts thirty-five days after
the recordation date.
Requested by: Engineering Division
6.5 EXONERATION OF BONDS FOR WILLIAM LYON COMPANY FOR GRADING
PERMIT BONDS AND FAITHFUL PERFORMANCE BONDS FOR TRACT NO.
45268, 43760 AND 44824 - The Principal, William Lyon
Homes, Inc., requests release of their surety bonds for
improvement security as required by the Subdivision Map
Act.
Recommended Action: It is recommended that the City
Council approve: a) exoneration of Grading Permit Bond
in the amount of $54,400 for Tract No. 45268, b)
exoneration of Grading Permit Bond in the amount of
$415,800 for Tract No. 43760, c) exoneration of Faithful
Performance Bond for installation of park sewer line and
connection improvements/parkway entry sign in the amount
of $15,000, and d) direct the City Clerk to notify the
Owner and Surety of these actions.
Requested by: Engineering Division
6.6 (a) AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES
IN PROCESSING TRACT MAP NO. 51169 (HORIZON PACIFIC)
MITIGATION MONITORING - Michael Brandman Assoc. (MBA) is
currently under contract to provide environmental
mitigation monitoring services to the City for the
Horizon Pacific (Tract 51169) 13 -home project adjacent to
The Country Estates and within SEA No. 15. Project
approval included conditions to mitigate environmental
impacts associated with the development site. Requested
is an amendment to increase the original contract for
additional services due to non-compliance and improper
installation of the on-site mitigation materials.
Developer fees fund the costs associated with processing
this project, and the developer has deposited funds with
the City for the costs incurred.
Recommended Action: It is recommended that the City
Council approve an amendment to the agreement with
Michael Brandman Assoc. in the amount of $3,540.
(b) AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES
IN PROCESSING TRACT MAP NO. 32400 (STANDARD PACIFIC)
MITIGATION MONITORING - Michael Brandman Assoc. (MBA) is
FEBRUARY 1, 2000
PAGE 4
currently under contract to provide environmental
mitigation monitoring services to the City for the
Standard Pacific (Tract 32400) 107 -home project adjacent
to Brea Canyon Rd. Project approval included conditions
to mitigate the loss of the streambed and habitat area at
the development site. Requested is an amendment to
increase the original contract for unforeseen additional
services for on-site mitigation materials. Developer
fees fund the costs associated with processing this
project, and the developer has deposited funds with the
City for the costs incurred.
Recommended Action: It is recommended that the City
Council approve an amendment to the agreement with
Michael Brandman Assoc. in the amount of $7,890.
Requested by: Planning Division
6.7 APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH MICHAEL
BRANDMAN ASSOCIATES (MBA) FOR ON-CALL ENVIRONMENTAL PLAN
CHECKING AND INSPECTION SERVICES - Requested is approval
of a Consulting Services Agreement with Michael Brandman
Assoc. to provide technical environmental support
services as necessary to evaluate individual landscaping
plans for sites within Tracts 51169, 32400, 47850 and
47851 to ensure compliance with the original species and
mitigation monitoring plan approvals. The Purchasing
Ordinance allows the City Manager purchasing authority up
to $15,000 per vendor per fiscal year. This fiscal year,
payments to date for the separate contracted services of
Tracts 51169, 32400, 47850 and 47851 total $19,959 for
Michael Brandman Assoc.; therefore, Council approval is
necessary for the proposed individual on-call
expenditures.
Recommended Action: It is recommended that the City
Council approve an agreement with Michael Brandman Assoc.
in the amount of $5,000.
Requested by: Planning Division
6.8 RESOLUTION NO. 91-72F: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72E
PRESCRIBING A METHOD OF DRAWING WARRANTS AND CHECKS UPON
CITY FUNDS - The Government Code Section 36802 states
that, in the absence of the Mayor, the Mayor Pro Tem has
all duties and powers of the Mayor. Currently, the
Resolution prescribing a method of signing City warrants
and checks only authorizes the Mayor, City Treasurer and
the Finance Director to sign City warrants and checks.
Resolution No. 91-F adds the position of Mayor Pro Tem as
an additional authorized signer of City warrants and
FEBRUARY 1, 2000 PAGE 5
checks. The Resolution also authorizes the Mayor Pro Tem
to sign checks which are over $10,000 in the absence of
the Mayor.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 91-72F Prescribing a Method
of Drawing Warrants and Checks Upon City Funds.
Requested by: Finance Division
6.9 SECOND READING OF ORDINANCE NO. 01(2000): AN ORDINANCE OF
THE CITY OF DIAMOND BAR ADDING NEW CHAPTER 5.09 ADOPTING
BY REFERENCE CHAPTER 7.16 OF TITLE 7 OF THE LOS ANGELES
COUNTY CODE PERTAINING TO AMBULANCES TO THE DIAMOND BAR
CITY CODE - Upon recent review of the Business License
Section of the City Code, it was determined that the
provisions pertaining to licensing of ambulances was
inadvertently omitted prior to publication of the Code in
August 1995. Staff and the City Attorney have researched
the provisions currently in effect under Chapter 7.16 of
the L.A. County Code and have determined that adoption of
the County's provisions would satisfy licensing needs of
the City with respect to ambulances. First Reading of
this Ordinance was approved at the City Council meeting
of January 18, 2000.
Recommended Action: It is recommended that the City
Council waive full reading, approve second reading by
title only and adopt Ordinance No. 01(2000) Adding new
Chapter 5.09 Adopting by Reference Chapter 7.16 of Title
7 of the Los Angeles County Pertaining to Ambulances to
the Diamond Bar City Code.
Requested by: City Clerk
6.10 APPROVAL OF MINUTES
6.10.1 Study Session of January 18, 2000 - Approve as
submitted.
6.10.2 Regular Meeting of January 18, 2000 - Approve
as submitted.
6.11 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SUPPORTING PROPOSITION 15, THE
HERTZBERG-POLANCO FORENSIC CRIME LABORATORIES CONSTRUC-
TION BOND ACT - Proposition 15 is a statewide ballot
measure that, if passed, would provide funding to law
enforcement agencies for repair, upgrade and building of
crime -solving forensic laboratories. Proposition 15
creates the Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999. The proposed Act author-
FEBRUARY 1, 2000 PAGE 6
izes the issuance and sale of $220,000,000 of general
obligation bonds to pay for building of new local
forensic laboratories and repair and upgrade existing
laboratories. If passed, Proposition 15 would provide
$100,000,000 for building a new regional forensic science
center (326,000 sq. ft. in size), on the campus of Cal
State University -Los Angeles. The total cost of the new
regional forensic center is estimated to $132,000,000.
Passage of this measure would lead to modernizing and
providing the highest level of forensic science services
to the communities we serve, as well as make law
enforcement's job more efficient.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 2000 -XX supporting
Proposition 15 on the March 17, 2000 Primary Election
ballot.
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO.XX (2000): A RESOLUTION OF THE CITY OF
DIAMOND BAR ADOPTING FEES PERTAINING TO AMBULANCE
LICENSING -On January 18, 2000, the City Council approved
First Reading of Ordinance No. 01(2000) adding new
Chapter 5.09 and adopting by reference, Chapter 7.16 of
Title 7 of the Los Angeles County Code pertaining to
ambulances. The purpose of adding the proposed Chapter
5.09 is to correct an omission from the City's Municipal
Code that took place when the Code was adopted by the
City on July 25, 1995. Even though this section was
omitted from the City's Code, the County has continued to
license ambulances on behalf of the City of Diamond Bar
throughout the entire life of the City and has charged
those rates established by the County from time to time.
The proposed rates, fees and charges are the same as
those being charged by the County of Los Angeles as of
December 15, 1999.
Recommended Action: It is recommended that the City
Council open the Public Hearing, receive testimony, close
the Public Hearing and adopt Resolution No. 2000 -XX
Establishing and Adopting a Schedule of Rates, Fees and
Charges for Services by Ambulances.
Requested by: City Clerk
8. OLD BUSINESS:
8.1 SOLID WASTE RECYCLING COLLECTION - On January 4, 2000
Council requested additional information regarding its
decision-making options and instructed staff to prepare
FEBRUARY 1, 2000 PAGE 7
draft bid specifications (i.e., a Request for Proposal)
for a contractor to solely provide integrated waste
management services within the City. Four pathways have
been identified for consideration: (1) stay with the
open -permit system; (2) negotiate with one or more
haulers to implement a single -service provider; (3)
negotiations failing, proceed with an open bid process to
select a single -service provider; or (4) proceed directly
with an open bidding process to select a single -service
provider.
Recommended Action: It is recommended that the City
Council review staff's report and bid specifications and
direct staff as appropriate.
Requested by: Engineering Division
9. NEW BUSINESS:
9.1 ESTABLISHMENT OF COORDINATING COUNCIL FOR COMMUNITY
EVENTS - Currently, City news is published in various
media. It is not known whether the information is
reaching the community to any significant extent. The
proposed Coordinating Council assembles key people
already plugged into various groups, who can deliver
information to their groups, furthering the effectiveness
of communications. In addition, the members can help the
City understand their unique needs, get their messages
and events publicized for the enjoyment and benefit of
the rest of the community. A community calendar compiled
from the various events articulated through the
Coordinating Council would be published on our web page.
The City's web page could provide links to websites these
organizations may have, in addition to perhaps providing
City web page space for these entities to help them reach
and communicate with their membership.
Recommended Action: It is recommended that the City
Council form a Community Coordinating Council, as
proposed.
Requested by: Council Member Huff
9.2 RESOLUTION NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR RECOGNIZING THE IMPORTANCE OF
THE DECENNIAL CENSUS IN THE YEAR 2000 AND FORMING A
COMPLETE COUNT COMMITTEE TO SUPPORT AND ENCOURAGE
PARTICIPATION - The Decennial Census will be taken in the
year 2000. It is important that as complete a count of
people living the in the U.S., generally, and the City of
D.B. particularly, be accomplished. To this end, the
City is establishing a Complete Count Committee to
FEBRUARY 1, 2000
PAGE 8
support, encourage and facilitate complete participation
of D.B. residents in the Census. The City has, and will
continue to market, inform and educate the community
through the use of several media: City website; community
bulletin boards; print advertisement; CATV advertisement;
e -news; press releases; news stories (Mayor's Corner,
etc.); public meetings (e.g., Town Hall). The Complete
Count Committee will provide for coordinating of numerous
community groups and organizations in efforts to
encourage people living in D.B. to participate in Census
2000. The City intends to take the steps necessary to
make itself eligible for available L.A. County funds to
help underwrite the costs related to encourage
participation in Census 2000. The City will also be
applying for Federal funds to assist in covering the
costs of the Complete Count Committee's activities.
Recommended Action: It is recommended that the City
Council adopt Resolution No. 2000 -XX Recognizing the
Importance of the Decennial Census in the Year 2000 and
Forming a Complete Count Committee to Support and
Encourage Participation.
Requested by: City Manager
RECESS TO REDEVELOPMENT AGENCY
Next Resolution No. RA 2000-01
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Ansari, Herrera,
O'Connor, VC/Chang, C/Huff
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 VOUCHER REGISTER - Approve Voucher Register dated
February 1, 2000 in the amount of $2,237.58.
FEBRUARY 1, 2000 PAGE 9
Requested by: Finance Division
3.2 TREASURER'S STATEMENT - Submitted for the Redevelopment
Agency Board's review and approval is the Treasurer's
Statement for the month of December, 1999.
Recommended Action: It is recommended that the
Redevelopment Agency Board of Directors review and
approve the Treasurer's Statement for December, 1999.
Requested by: Finance Division
3.3 APPROVAL OF MINUTES - Regular Meeting of January 18, 2000
- Approve as submitted.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
Members are for Agency discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting.
RECONVENE CITY COUNCIL 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: In memory of John A. Rowland IV
TO
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CITY COUNCIL
STUDY SESSION
DISCUSSION OF ANNEXATION PROCESS
AND PRELIMINARY COST -BENEFIT ANALYSIS
Tuesday, February 1, 2000
5:00 P.M.
AAM.D. Room CC -2
MEETING DATE:
TO:
FROM:
SUBJECT:
ISSUE STATEMENT:
CITY COUNCIL REPORT
AGENDA NO
February 1, 2000
Honorable Mayor and Members of the City Council
Terrence L. Belanger, City Manager
Update on 1998 Preliminary Analysis for Annexation and
Informational Report on the Annexation Process
This is an informational item for the City Council Study
Session.
RECOMMENDATION: It is recommended the City Council discuss the results of the
updated cost -benefit analysis for annexation and the overall
annexation process and direct staff as appropriate.
FINANCIAL STATEMENT:
BACKGROUND:
In August 1998, a preliminary cost -benefit analysis report was completed for annexation
of four housing tracts including Sunset Ridge, Monte Verde, Diamond Ridge, and
Diamond Canyon. More specifically, this report focused on property tax benefits and
services costs. On December 7, 1999, the City Council directed staff to prepare an
updated report on the annexation of four existing housing tracts and expanded report to
include, additional residential developments and vacant land.
As per the City Council's request, staff prepared an update to the preliminary cost -
benefit analysis report for annexation of the four above listed housing tracts. In
addition, the updated report includes the existing residential tracts and golf course
located south of the SR 60 freeway, east of Fairway Drive/Brea Canyon Cutoff and
vacant land owned by Shell Oil located west of the SR 57 freeway and south of
Pathfinder Road to the Los Angeles County border.
Staff has also prepared the attached informational report on the annexation process for
discussion at the City Council Study Session.
PREPARED BY:
Sonya Joe
Development Services Assistant
attachments: Informational Report on the Annexation Process
Updated Preliminary Cost -Benefit Analysis
Preliminary Analysis for Annexation dated August 26, 1998
Application forms to initiate annexation process
Los Angeles County LAFCO information
Study Area Map
Aerials
INFORMATIONAL REPORT ON THE ANNEXATION PROCESS
What does annexation mean?
Annexation is the process of adding territory to an existing city and extending the
city's corporate boundaries.
Why is consistency with the General Plan important?
Annexations should be part of the community's comprehensive plan for its future.
Annexation should occur in an orderly and logical manner; consistent with both
the city General Plan and with state mandates regarding service delivery and the
conservation of agricultural and open -space lands.
If the annexation area has not been included or addressed in the city General
Plan, then an amendment to the plan should be considered. When evaluating
the proposal for consistency with the plan, special consideration should be given
to the annexation's impacts on existing and planned public services, agricultural,
and open -space lands, city housing supplies for all economic levels, and the
adopted sphere of influence.
What is urezonina?
General planning practice requires the zoning to be consistent with the General
Plan. This is important for the annexation process because as mentioned above,
if the city is initiating the annexation, the site should be prezoned to be consistent
with the city's General Plan. Nevertheless, a city should prezone unincorporated
territory that it expects to annex in the future. Prezoning hearings can alert the
city to opposition or to issues of particular concern prior to its filing an application.
What is the Sthere of Influence?
The sphere of influence is the boundary for lands outside the city, but that could
eventually become a part of the city. A sphere of influence is generally
considered the ultimate city boundary. The sphere of influence is an important
benchmark because it defines the primary area within which urban development
is to be encouraged.
Local decision -makers recognize the assumption that the lands lying within the
sphere are those that the city may someday propose to incorporate. If the area
proposed for annexation by the city lies outside its sphere of influence, then the
city must request an amendment to its sphere prior to filing the annexation
request or concurrently with the annexation application. As mentioned above,
the proposed annexed area should be consistent with the General Plan. The
sphere proposal should also be addressed in the required environmental
document.
The Local Agency Formation Commission is the review authority for establishing
a city's sphere of influence. This commission is described in further detail in this
report, under the section below, titled "Who is the review authority for
annexations?"
The Local Agency Formation Commission will determine the requested
amendment to the sphere of influence with respect to each of the following items:
a. The present and planned uses in the area, including agricultural and open -
space lands.
b. The present and probable need for public facilities and services in the
area.
c. The present capacity of public facilities and adequacy of public services
which the agency provides or is authorized to provide.
d. The existence of any social or economic communities of interest in the
area if the commission determines that they are relevant to the agency.
e. Upon determination of a sphere of influence, the commission shall adopt
that sphere, and shall periodically review and update the adopted sphere.
The commission may recommend governmental reorganizations to
particular agencies in the county, using the spheres of influence as the
basis for those recommendations. Those recommendations shall be
made available, upon request, to other agencies or to the public.
Who is the review authority for annexations?
Pursuant to the Cortese -Knox Act, the State requires each county to establish a
Local Agency Formation Commission (LAFCO). Each LAFCO is made up of
elected officials from the county, local cities, special districts, and a member of
the general public. The LAFCO is empowered to review, approve, or deny
proposals for boundary changes and incorporations for cities, counties, and
special districts. Each LAFCO operates independently of the state. However,
the State mandates specific factors, which the LAFCO must address when
considering annexation proposals. Specific factors include state wide policies
and priorities for the preservation of open -space lands and the discouragement
of urban sprawl. In turn, the LAFCO establishes the ground rules by which the
affected city will process the annexation.
What is the annexation process?
In its most basic form, annexation can be considered a four part process. Key
items and terms have been noted in bold for quick reference. The four part
process includes:
1. Prefiling
Prior to filing, the proponent should meet with the LAFCO's executive officer
to establish the minimum requirements for processing, then meet with any
affected special districts and agencies to agree upon a taxation scheme and
needed property tax transfers. An application may be filed with the LAFCO
by petition of affected landowners or registered voters, or by resolution from
the involved city.
Commission action is subject to environmental analysis. More specifically,
action should follow the California Environmental Quality Act (CEQA)
requirements. Nonetheless, an initial study will be required. This makes the
city lead agency for CEQA documents and the LAFCO a responsible agency.
The documents should address, among other concerns, the policy issues
raised in Sections 56301, 56375, and 56841. If an Environmental Impact
Report (EIR) is prepared and the annexation is approved, the LAFCO and the
city will be responsible for making findings pursuant to Sections15091 and
15093 of the CEQA Guidelines justifying their actions. In any case, a
document should be prepared to address the annexation as well as all related
General Plan amendment, prezoning, sphere of influence or other proposals.
2. Filing and LAFCO consideration
LAFCO has 30 days in which to review an annexation application and
determine that it is complete for processing. Once the application has been
accepted and deemed complete, the LAFCO will analyze the proposed
annexation in light of the commission's state mandated evaluation criteria and
responsibilities and its own adopted policies.
State mandated evaluation criteria and responsibilities include, but are
not limited to the following:
a. Population, population density, land area and use, per capita assessed
valuation, topography, natural boundaries, drainage basins, proximity
to populated areas, and the likelihood of significant growth during the
next ten years.
b. Need for organized community services, present cost and adequacy of
government services and controls, probable future needs, probable
effect of the annexation and of alternative courses of action on the cost
and adequacy of services and controls in the area and vicinity.
c. The effect of the proposed annexation and of alternative actions on
adjacent areas, on mutual social and economic interests and on the
local government structure of the county.
d. Conformity of the proposal and its effects with LAFCO policies on
providing planned, orderly, efficient patterns of urban development and
with state policies and priorities in conversion of open -spaced lands to
other uses.
e. Effect of the proposal on maintaining the physical and economic
integrity of lands in an agricultural preserve in open -space use.
f. Clarity of the boundaries of the territory, the non-conformance of
proposed boundaries with lines of assessment or ownership, the
creation of islands or corridors of unincorporated territory and other
similar matters affecting the proposed boundaries.
g. Consistency with appropriate city or county general and specific plans.
h. The sphere of influence of any agency which may be applicable to the
proposal being reviewed.
i. The comments of any affected agency.
Pursuant to Government Section 56375(a), the LAFCO may be required to
approve a city's request to annex land adjacent to its borders when the
commission finds that either of the following circumstances exist:
a. The land is substantially surrounded by the city or the Pacific Ocean, is
substantially developed or developing, is not prime agricultural land, is
designated for urban growth on the city's General Plan, and is not
within the sphere of influence of another city.
b. The land is located within an urban service area designated by the
LAFCO, is not prime agricultural land, and is designated for urban
growth on the city's General Plan.
Both of these conditions require review of the annexing city's General Plan by
the LAFCO. Although State law does not mandate that annexations conform
to local General Plans beyond requiring that the LAFCO consider consistency
with the city or county General Plans, a General Plan which reflects the
proposed annexation improves the chances that the annexation will be
approved.
Before the executive officer issues a certificate of filing, the involved city,
county, and special districts are required to negotiate the allocation of
property tax revenues during a 30 day mandatory negotiation period, but are
not required to reach agreement. However, the executive officer cannot issue
a certificate of filing until an agreement is reached.
LAFCO may approve, conditionally approve, or deny the proposed
annexation. The conditions set by the commission's resolution will be the
ground rules for the conducting authority's subsequent action. Within 30 days
of the LAFCO's resolution, any person or affected agency may file a written
request with the executive officer for reconsideration
3. Proceedings of the Conducting Authority
The involved city, acting as the "conducting authority" in accordance with the
requirements of the Cortese -Knox Act and LAFCO, will hold a public protest
hearing to determine whether the proposed annexation must be approved
without an election, terminated, or whether an election must be called to
determine the proposal's outcome. The number of protests received before
and during the hearing will determine which of these options the city must
follow.
The city should encourage public review and comment at every stage of the
process. Pursuant to State law, the LAFCO is required to provide notification
of a pending proposal to County departments, interested individuals, and local
government agencies that may be potentially be affected by a LAFCO project.
The LAFCO must also wait until information is returned from the County
Assessor, Auditor, and various state agencies before a proposal may be
scheduled for a public hearing. While the Cortese -Knox Act provides
opportunities for review at the LAFCO and city hearing levels, the General
Plan and prezoning procedures offer additional possibilities for input.
Nonetheless, early public response is helpful in assessing public sentiment
and identifying areas of concern. Therefore, hearings should be coordinated
if feasible.
If the annexation is approved, the city will forward a resolution containing the
results of its activities to the LAFCO for final review and ratification. If the
proposal is terminated, a resolution to this effect will be forwarded to the
LAFCO and no new annexation may be proposed on the site for at least one
year, unless the LAFCO waives the limitation upon finding that the limitation is
detrimental to the public interest. When an election is held, only residents of
the proposed city or territory have a right to vote on the issue of annexation.
4. Final Certification
When the LAFCO executive officer is satisfied that all elements of the Act
have been properly addressed, that the annexation approved by the city
conforms to the annexation proposal approved by the Commission, and that
all conditions have been met, he or she will certify that the annexation is
complete. The annexation is not complete until it has been certified by the
executive officer. The commission may establish an "effective date" for the
annexation. Alternatively, the effective date will be the date the certificate of
completion is recorded by the County Recorder. If the executive officer finds
the city's submittal to be incomplete, then it will be returned to the city for
completion.
How Iona does it take to process a proposal?
The normal, routine proposal will take about three to four months to complete
from the time a completed application is accepted in the staff office. More
complex proposals can take from six months to a year.
Does LAFCO charge a fee to process jurisdictional boundary chance
proposals?
State law authorizes LAFCO to charge the estimated reasonable cost to process
jurisdictional boundary change proposals. Processing fees vary depending on
the type of proposal (i.e. district formation, merger, reorganization, etc.)
Annexation and detachment fees are also based on acreage. A fee schedule for
the Los Angeles County LAFCO is attached with this report.
UPDATED PRELIMINARY COST BENEFIT ANALYSIS
This report is an update to the preliminary cost -benefit analysis prepared in 1998, for
the proposed annexation of the four residential tracts identified as Sunset Ridge, Monte
Verde, Diamond Ridge, and Diamond Canyon. In addition, the updated report includes
the existing residential tracts and golf course located south of the SR 60 freeway, east
of Fairway Drive/Brea Canyon Cutoff and vacant land owned by Shell Oil located west
of the SR 57 freeway and south of Pathfinder Road to the Los Angeles County border.
The purpose of this preliminary cost -benefit analysis is to evaluate the anticipated
amount of property tax revenue and compare this to the service expenditure burden.
PROPERTY TAX REVENUE
Background
Under Proposition 13, property taxes are limited to one percent of a property's assessed
value. Generally speaking, the rate cannot be increased except when approved by a
two-thirds vote of the local residents. Although the amount of property taxes received is
limited, property taxes are still considered a key source of tax revenue for local
government.
Analysis
The anticipated property tax revenue was calculated for the above listed annexation
areas. The method of calculation is the same method used in the preliminary cost -
benefit analysis completed in 1998. The calculation is based on the property tax dollar
breakdown in which $0.053 is collected for the City of Diamond Bar Tax District 1. The
calculation is also based on the total number of households in which the Census
indicates there are approximately 3.40 persons per household. A random sample of
households from each tract was used to calculate the mean and standard deviation.
The total amount of property taxes paid per each household was retrieved from the
TRW REDI Win2 Data computer database.
The anticipated property tax revenue is as follows:
1. Sunset Ridge
# of households = 101
Mean (x -bar) = $4,824.788
Std. Deviation = 1013.948
Property tax revenue = $25,827.089
2. Monte Verde
# of households = 161
Mean (x -bar) = $3,205.290
Std. Deviation = 492.764
Property tax revenue = $27,350.739
3. Diamond Ridge
# of households = 76
Mean (x -bar) = $4,914.965
Std. Deviation = 508.401
Property tax revenue = $19,797.479
4. Diamond Canyon
# of households = 81
Mean (x -bar) = $2,667.887
Std. Deviation = 1494.06
Property tax revenue = $11,453.238
5. Tract No. 9058
# of households = 22
Mean (x -bar) _ $4,541.014
Std. Deviation = 2664.629
Property tax revenue = $5,294.822
6. Tract No. 27141
# of households = 228
Mean (x -bar) _ $2,370.500
Std. Deviation = 673.801
Property tax revenue = $28,645.122
7. Tract No. 25170
# of households = 57
Mean (x -bar) _ $2,045.935
Std. Deviation = 385.792
Property tax revenue = $6,180.769
8. Tract No. 28140
# of households = 71
Mean (x -bar) _ $2,102.838
Std. Deviation = 686.037
Property tax revenue = $7,912.978
9. Tract No. 28554
# of households = 19
Mean (x -bar) _ $1,870.155
Std. Deviation = 602.75
Property tax revenue = $1,883.246
10. Tract No. 31219
# of households = 126
Mean (x -bar) _ $1376.586
Std. Deviation = 303.678
Property tax revenue = $9,192.840
11. Tract No. 31550
# of households = 87
Mean (x -bar) _ $2,005.827
Std. Deviation = 431.655
Property tax revenue = $9,248.871
12. Tract No. 31845
# of households = 54
Mean (x -bar) _ $1836.118
Std. Deviation = 361.190
Property tax revenue = $5,254.969
13. Tract No. 44301
# of households= 15
Mean (x -bar) _ $3,555.748
Std. Deviation = 323.066
Property tax revenue = $2,826.819
GRAND TOTAL NUMBER OF HOUSEHOLDS —1,090
According to the Census, there are approximately 3.4 persons per each
household. Therefore, the anticipated population of the annexed areas is 3,076
persons.
GRAND TOTAL PROPERTY TAX REVENUE — $160,855.84
10
The following unincorporated is presently vacant and owned by Shell Oil. This area is
located west of the 57 freeway south of Pathfinder to the Los Angeles County border.
The following is the amount of property tax revenue paid by Shell Oil.
14. Property tax revenue = $6,483.62 for 333.55 acres
$11,957.01 for 577.61 acres
$7,744.84 for 337.75 acres
$6,303.54 for 108.39 acres
State Subvention Funds
State subvention funds are revenues from other governmental agencies. These
revenues are generated from state taxes in -lieu of local taxes. As has been reported to
the City Council, over the past several fiscal years, the City will lose its incorporation
population (74, 115), which is currently used by the State of California to subvent (on a
per capita basis) vehichle license fees, gas tax and other revenues, on December 31,
1999. The loss in General Fund revenue could be as much as $600,000 and the loss in
Gas Tax revenues could be as much as $275,000.
Highway Users' Gas Tax
Section 2105
Mean (x -bar) = 0.638664/capita/month
Revenue = $2,366.888
Section 2107
Mean (x -bar) = 0.894096/capita/month
Revenue = $3,313.519
Total Revenue = $5,680.407
Motor Vehicle Licensing Fee
This fund amount fluctuates depending on the per capita factor. The amount of funds
received is based on the population size.
For Fiscal Year 99-2000, the estimated per capita for six months is $18.98. The
estimated per capita for one year is $37.96.
The estimated revenue for 3,706 persons within the annexed areas is $140,679.76
AB 2766 (South Coast Air Quality Management District,)
Mean (x -bar) = 2.3 cars/household
# of households = 3,706
$2.00/car
Revenue = $5,014.000
II
Franchise Fees
Companies are granted special privileges for the continued use of public property, such
as city streets. The franchise fees are the amounts required for the continued granting
of these privileges. Private companies operating under a government endorsed
monopoly pay the city a certain percentage of net business done in the city.
SC Edison (1 %) $10,345.86
SC Gas Company (1 %) $3,113.92
Adelphia Cable (5%) $8,611.43
Total = $22,071.21
Prop A — Transit Tax
The City receives twenty-five percent of the '/z % Prop A Sales tax (approved by voters
in 1980). These funds are distributed by the L.A. County Metropolitan Transportation
Authority (MTA), and are distributed to Los Angeles County cities on a proportional
population basis. The funds are to be used for the development of transit programs
within the guidelines established by MTA.
$11.459 per capita
Total Revenue = $42,467.054
Prop C — Transit Tax
The City receives twenty-five percent of the '/z % Prop A Sales tax (approved by voters
in 1990). These funds are distributed by the L.A. County Metropolitan Transportation
Authority (MTA), and are distributed to Los Angeles County cities on a proportional
population basis. The funds are to be used for improving, expanding, and maintaining
public transit services. These expenditures must be consistent with the County's
Congestion Management Program.
$9.0325 per capita
Total Revenue = $33,474.445
12
SERVICE EXPENDITURE BURDENS
Background
The additional area considered for annexation may require extensive police and fire
services, utility services, school services, and recreation services. These services may
already be available in the City of Diamond Bar, but some services may utilize different
service resources. In any case, the City should anticipate this service expenditure
burden when considering an area for annexation.
Analysis
The anticipated service costs were calculated based on the dollar amount per capita.
The dollar amount per capita was taken from the City of Diamond Bar's Annual Budget
Report Fiscal Year 1999-2000. The method used to calculate the service expenditure
burdens is also the same method used in the preliminary analysis completed in 1998.
The anticipated service costs are as follows:
Street Maintenance and Public Works
The Los Angeles County will slurry seal the public streets every seven years. Whereas,
the City of Diamond Bar will slurry seal the public streets every five years. According to
the City Public Works Division, public street maintenance for the annexation area, which
contains existing residential tracts is estimated to be $600,000. This figure is based on
the City's past budget records and estimated size of the area. Installation of new roads
may be required for annexation of vacant lands. According the City Public Works
Division, installation of new residential streets in the annexation area west of the 57
freeway is estimated to be $18 million. For new residential streets within the City's
sphere of influence, the estimate is $40 million. Again, this figure is based on the City's
past budget record and estimated size of the area only. These figures do not account
for the topographic features, which may require extensive cut and fill. These are rough
estimates, assuming the City will install approximately 30 linear feet of residential street.
A residential street is defined as having a 40 foot pavement width and 10 feet of
parkway on each side of the street. This estimate also does not include the utility, storm
drain, and sewer costs. Therefore, a more detailed analysis will be required to
determine actual costs.
The following results are per capita estimates based on the current City budget. The
services expenditure items have been carried over from the previous report. However,
a more detail analysis will also be required to determine actual service expenditure
burdens for these two items.
Sheriff Recreation
$70.545 per capita $15.457 per capita
Total Cost = $261,439.770 Total Cost = $57,283.642
13
CONCLUSION
This updated cost -benefit analysis report was prepared to serve as an informational
packet only. In conclusion, this information should be further discussed and considered
prior to the annexation process.
14
To: Terrence L. Belanger, City Manager
From: David Chen
Re: Annexation Project: Preliminary Analysis
Date: Wednesday, August 26, 1998
Preliminary Analysis for Annexation of
Sunset Ridge • Monte Verde . Diamond Ridge . Diamond Canyon
The following report presents a cost -benefit analysis -of the proposed annexation
of four residential areas bordering the western boundary of the City of Diamond Bar,
located in unincorporated Los Angeles County territory Rowland Heights.
The four areas are predominantly comprised of single family dwellings. All are
recently constructed, some homes in Diamond Canyon are still incomplete. Sunset Ridge
is gated, and Diamond Canyon will be as well.
The acquisition of these four territories would provide a net increase in City
funds, allow residents to vote for local public servants and enjoy City services.
Property Tax
The largest financial contribution from the annexed areas will be property tax
revenue. The following is a rough sample survey of Sunset Ridge, Monte Verde, and
Diamond Ridge. Diamond Canyon residents' property tax revenues have not yet been
included in county computer records, as many of the houses are still uninhabited.
Sunset Ridge
Sunset Ridge is a gated community comprised of a total 91 homes on tract
numbers TR 35765, TR 35764, TR 35766, TR 35767, and TR 44343. I used House
Numbering Maps HNM 99-309 and HNM 102-309. The ZIP code for the area is 91789.
Deriving random numbers using a TI -83 Graphing Calculator, I produced a
random sample of lot numbers. Sample size was 21. I then found the corresponding
addresses on the HNMs. Entering these addresses into a computer program, called TRW
REDI Win2Data ver. 2.4,1 derived property taxes paid by each individual household last
year. The percentage of property tax revenue appropriated to City Diamond Bar Tax
District 1 is 5.3% or $0.053 for every $1 (Annual Tax Increment Tables). I then
multiplied the mean property tax payment by the total number of households within
Sunset Ridge multiplied by the appropriation percentage to arrive at a dollar figure
representing the amount of financial contribution expected from property tax revenue
from this residential community.
I also calculated the standard deviation of the sample and found the uncertainty of
the mean, using a t -value of approximately 2.0, following the formula
Um=ts/gn
The following are the figures derived:
mean (x -bar) = 4654.922 std. dev. (s) =1137.636 Une. (U) = 2394.644
Property tax revenue = $22,450.6$9 ± 2,394.644
U sr,T ra, IF 7r.
Monte Verde is a community comprised of 160 homes on TR 33256 and HNM
99-309. The ZIP code for the area is 91789.
Using a sample size of 30 and following the same procedure as described above, I
derived the following numbers:
mean (x -bar) = 3241.797 std. dev: (s) = 640.916 Unc. (U) = 2170.637
Property tax revenue = $30,043.054. ± 2170.637
Diamond Ridge is a community comprised of 76 homes. Since the tracts are new,
their existence was not reflected on county maps. The ZIP code for the area is 91765.
Using a sample of 22 and following the same procedure as described above, I
derived the following numbers:
mean (x -bar) = 4483.832 std. dev. (s) = 604.845 Unc. (U) =1064.820
Property tax revenue = $18,060.875 ±1064.820
Diamond Canyon is a community comprised of 75 homes, one church and one
corporate building, a gate is being constructed that will enclose the homes only.
Residential property tax records are not yet available on TRW REDI Win2Data ver. 2.4,
but using the values of two homes and an estimated tax rate of 1.25%, I was able to
estimate property tax revenue. However, the reliability of a two sample study is poor at
best. Commercial property.tax also is apportioned to the city. The corporate building for
Cordis Webster, a Johnson & Johnson Company pays $53,761.31 in property tax. City
Diamond Bar Tax District 1 receives $2,849.349 from that collection.
mean (x -bar) = 5437.5 std. dev. (s) = 265.165 Unc. (U) =1054.031
Residential Property tax revenue = $21,614.063 ± 1054.031
Total Property tax revenue = $24,463.412 ± 1054.031
s 3
State Subventions
State subventions are revenues from other governmental agencies. These revenues
are generated from state taxes in -lieu of local taxes.
Higb= Users' (Gas) Tax
Using previous records and receipts from 8/97 to 6/98, I calculated the mean per
capita payment over the noted period. Since there were two parts to the Gas Tax, Section
2105 and 2107, I calculated these means separately. I then found the amount of revenue
expected from the annexation areas by multiplying the mean per capita per month Gas
Tax payment for each section by 3.40 persons per household (census) multiplied by 423
households multiplied by 12 months. I then added the two totals for each section to arrive
at a total expected revenue. Here are the relevant figures:
Section 2105 Section 2107
mean (x -bar) = 0.495210/capita/month mean (x -bar) = 0.607150/capita/month
Revenue = 8,456.53 ± 668.594 Revenue =11,483.739 ± 800.121
Total Revenue = 20,009.389 ± 146$.715
Motor Vehicle Licensing Fee
I followed similar procedure as that for the Highway Users' Tax: The "Car Tax"
will be significantly decreased—by as much as 25% possibly—in the coming year.
Therefore, this figure will not be reliable in the future due to policy changes. Following
are the figures derived:
mean (x -bar) = 57297.888 std. dev. (s) = 7265.786 Unc. (U) = 4819.577
Total Revenue = 57,297.888 ± 4,819.577
AB 2766 (SCAQMD)
The South Coast Air Quality Management Division (SCAQMD) pays cities $2
per car registered for a city. This money can only be used to fund programs that reduce
vehicle emissions. The Southern California Association of Governments (SCAG)
4
provided the figure of 2.3 for average number of motor vehicles per household.
Therefore, the revenue calculated will be an overestimate, since the term "motor
vehicles" includes vehicles other than cars.
mean (x -bar) = 23 cars/hhold 423 hhold $2/car
Total Revenue = $1,945.80
Other subventions apply, such as the Off -Highway Motor Vehicle Licensing Fee,
however, they contribute a negligible amount as compared to the ones detailed. (The Ofd
Highway Motor Vehicle Licensing Fee yielded $22.363)
Franchise Fees
Private companies, such as utilities, operating under a government endorsed
monopoly pay the city a certain percentage of net business done in the city. Such
companies include Southern California Edison, Southern California Gas Company, and
Century Communications (cable TV).
SC Edison (1%) $5,747.70
SC Gas Company (1%) $1,683.20
Century Communications (5%) $4,784.13
Total $12,215.03
-- 5
Propositions
State propositions to enact certain programs deliver funding to cities based on
population.
Receipt records for the propositions did not include per capita information, nor
were they complete enough to render a suitably reliable estimate. I used county totals to
figure per capita allotment of funds. I then multiplied the total number of households
within the annexation areas by the average number of persons per household. I am
assuming funds are distributed evenly county -wide. If any discrepancy exists among
cities' appropriation of these funds, they will not be reflected in this -estimate.
Prop A
$11.094 per capita 1438.2 persons
Total Revenue = $15,954.888
Prop C
$9.251 per capita 1438.2 persons
Total Revenue = $13,304.614
Street Maintenance and Public Works
Since Sunset Ridge and Diamond Canyon are gated communities, their streets are
privately maintained. County contractors recently completed a slurry -seal for the streets
of Monte Verde. The slurry -seal is done every seven years. The maintenance of the
streets of Diamond Ridge has yet to be transferred to county control and is still the
developer's responsibility, as to the best information available at the date of this report.
Using previous year budget information, I calculated the amount spent per capita
for police enforcement, then applied that per capita figure to the estimated population of
the annexation areas. This figure is probably an overestimate, since additional cost may
be limited to only additional contract services. Consider this erring on the side of caution.
$65.382 per capita 1438.2 persons
Total Cost = $94,032.932
Following a similar procedure as described above, I found the per capita cost for
current Diamond Bar residents and applied that figure to the annexation population.
$12.925 per capita 1438.2 persons
Total Cost = 18,588.060
Closing Remarks
While the figures here look very promising, it is the recommendation of this
report that a second, more thorough analysis be undertaker, if for no other purpose than
as a double-check for these results. The next annexation analysis might also endeavor to
project figures for future years.
City Revenue Sources
Property Tax Revenue
Sunset Ridge
22,450.689-± 2394.644
Monte Verde
30,043.886 ±2170.637
Diamond Ridge
18,060.875 ±1064.820
Diamond Canyon
24,463.412 ±1054.031
State Subventions
Highway Users (Gas) Tax
20,009.389 ± 1468.715
Motor Vehicle License Fee
63,378.678
AH2766 (SCAQMD)
1,945.80
Franchise Fees
12,215.03
Prop A
15,954.888
Prop C
13,304.614
Total
221,827.261
Service Expenditure Burdens
Street Maintenance
Police (pre capita $65.382) 94,032.932
Recreation (per capita $12.925) 18,588.060
Total
Disposal services will remain with USA Waste (previously Western
Waste).
THE CITY OF DIAMOND BAR
PROPERTY TAX DOLLAR BREAKDOWN
S 0.249 Los Angeles County General
S 0.191 Walnut Valley Unified School District
S 0.161 Consolidated Fire Protection District of LA Co.
S 0.134 Educational Augmentation Fund Impound
$ 0.085 Educational Revenue Augmentation Fund
S i3AS3<City Diamotld Bsr'T�auMistrial
S 0.029 Mt. San Antonio Community College
S 0.022 L A County Lim
S 0.020 County Lighting Maintenance District No. 10006
S 0.0122
$ 0.0093
$0.0076
- $0.0066
— 30.0062
- 30.0041
- S 0.0027
- $0.0016
- $0.0016
— S O.0014
- S 0.0008
- S O.00D7
- S 0.0004
— $0.0003
— $0.0001
$1.000
Cama' Sanitation District No 21.Operaon8
LA County Flood Control Maiamnaooe
Canty School Service Fund Walnut Valky
Walnut valley Water Dist= lmptovemmt Dist 3
LA County Fire - FFW
711m Valley Municipal Water Diu Onpul Area
Children's instiumonal T uitim Fund
LA Canty Flood Control Improvement Diu
Walnut valley water District Improvement Dist. 4
County Sabool Services
W Moor Walnut valley
ct
Soutimst Mosquito Abatement District
Mt San Antonio Cbildtm's Center Fund
LA County Accumulative Capita outlay
ATI (Annual Tax lncminent) Ratios For Taut Rate Area 1
0068. Excluding Redevelopment Factors & Additional Debt Service
Source: HdL Conn & Cone, Los Angeles Country Assessor 1996/97 AxnuW Tar 1wrement Tables
This "port is not to be used in support of debt Lawn ere without the *ruwn consent ofHdL. Corr" & Cone. NEMM1I32
Change of Organization/Reorganization/Special Reorganization
APPLICATION TO INITIATE PROCEEDING FOR CHANGE OF
ORGANIZATION/REORGANIZATION/ SPECIAL REORGANIZATION
(Pursuant to the Cortese -Knox Local Government Reorganization Act of 1985,
Division 3, Title 5 Commencing with Section 56000, of the Government Code
TO: LOCAL AGENCY FORMATION COMMISSION
County of Los Angeles
Room 383, Hall of Administration
500 West Temple Street
Los Angeles, California 90012
DESIGNATION OF PROPOSAL:
AFFECTED CITY/DISTRICT-
RELATED JURISDICTIONAL CHANGES:
GENERAL LOCATION OF
PROPOSAL:
THOMAS GUIDE PAGE(S) _
PROPOSAL INITIATED BY:
APPLICANT:
SIGNED:
TITLE, if any
TELEPHONE:
DATE:
I. THE SUBJECT AREA
A. GENERAL DESCRIPTION
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COORDINATES
Resolution
(CITY, DISTRICT OR CHIEF PETITIONER)
(ADDRESS)
(CITY. STATE. 21P)
Landowner/Voter Petition
Change or (-)rgantzattory.teorganizationi3pecta. aeorganization
1. Acres of Square Miles
2. What major highways and streets serve the area:
3. Topography:
4. Physical boundaries, if any (rivers, freeways, etc.):
B. POPULATION AND HOUSING
1. Estimated Population:
2. Number of Registered Voters:
Give source and date of information:
3. Number and type of dwelling unit:
C. LAND USE AND ZONING [if applicable]
1. What is the present land use in the subject area?
2. What is the land use in the surrounding area?
3. If annexation to a city is involved as a part of this proposal, what is the city=s general plan
designation for the area?
4. Describe any proposed change in land use and zoning as a result of this proposal (including, if
applicable, prezoning by an affected city):
5. If this proposal will result in development of property, describe the type of development
proposed (type of business or industry, single- or multi -family residential, etc.; number of units
or facilities):
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Change of Organization/Reorgamzatton/Specta -keorganizatton
6. What effect would denial of this proposal have on the proposed development, if any:
7. Is the subject area proposed to be included within a redevelopment project area upon
completion of this proposal?
H. THE PROPOSAL
A. What are the reasons for initiation of this proposal?
B. What are the alternate courses of action, if any? (Include the names of other local agencies having the
authority to provide the same or similar services as those proposed)
C. Plan for Providing Services
Describe the services to be extended to the subject area, the range and level of those services, when
the services can be extended to the area, and how the services will be financed, including any
improvement or upgrading of structures, roads, sewer or water facilities or other conditions which
would be imposed or required by the local agency within the subject area if this proposal is
completed:
D. List the division, acquisition, improvement, disposition, sale or transfer of any property, real or
personal, belonging to a city or district that is involved in this proposal:
E. List the disposition, transfer or division of any money or funds and any other obligations of a city or
district involved as part of this proposal:
F. To what extent will residents or landowners within the subject area be liable or remain liable for any
existing indebtedness of the city or district to or from which annexation, detachment, or detachment
and incorporation is proposed:
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iange u.. , rganiza.:.oni.-,eorganizationi�pecla Reorganization
G. What services and/or costs to residents or landowners in the area would be increased, reduced, or
eliminated as result of this proposal?
H. List any germs or conditions requested as part of this proposal:
III. GENERAL
A. List names and addresses of any persons, organization or agencies known to you who may be opposed
to this proposal:
B. ANY OTHER COMMENTS YOU MAY WISH TO MAKE [Attach additional pages if necessary] :
C. Names and addresses of persons who are to receive notice of hearing, staff report and minutes:
IV. INCORPORATION OF INSTRUCTIONS
By submitting this Application to Initiate Proceedings, the applicant acknowledges receipt of the
Instruction for Filing Application for Change of Organization/ Reorganization/Special Reorganization@
and agrees to be bound by same, including, but not limited to the provisions contained therein regarding
filing and processing fees, and defense and indemnification of the Commission.
Contact Person:
(Name)
(Address)
(Telephone)
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LAFCO PARTY DISCLOSURE FORM
LOCAL AGENCY FORMATION COMMISSION
PARTY DISCLOSURE FORM
Information Sheet
PURSUANT TO GOVERNMENT CODE SECTION 84308, this form must be completed by applicants
or, persons who are the subject of any applicant proceeding pending before the Local Agency
Formation Commission.
IMPORTANCE NOTICE
If you are an applicant for, or the subject of any application or proceeding pending
before the Local Agency Formation Commission, you are prohibited from making a
campaign contribution of greater than $250 to any commissioner, his or her alternate,
or any candidate for such position. This prohibition ends three (3) months after a final
decision is rendered by the Local Agency Formation commission. In addition, no
commissioner, alternate, or candidate may solicit or accept a campaign contribution of
more than $250 from you during this period.
These prohibitions also apply to your agents and/or lobbyists. If you are a closely held
corporation this prohibition applies to ,your majority shareholder as well.
2. You must file the attached disclosure form and disclose whether you or your agent(s)
have in the aggregate contributed more than $250 to any commissioner, his or her
alternate, or any candidate for the position during the twelve (12) month period
preceding the filing of the application or the initiation of the proceeding.
3. If you or your agent have made a contribution to any commissioner, alternate, or
candidate during the twelve (12) months preceding the decision on the application or
proceeding, that commissioner must disqualify himself or herself from the decision.
However, disqualification is not required if the commissioner, alternate, or candidate
returns the campaign contribution within thirty (30) days of learning about both the
contribution and the proceedings.
This form must be completed and filed with your application.
go to page 2
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Instruction for filing Application for Change of Organtzattoty �eor ... i 3pecia.. .�eorganz-a...,.-
INSTRUCTIONS FOR FILING APPLICATION FOR
CHANGE OF ORGANIZATION / REORGANIZATION/ SPECIAL REORGANIZATION
Submit the following to: Local Agency Formation Commission
Room 383, Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
1. RESOLUTION (PETITION) MAKING APPLICATION
If the application is initiated by registered voter or landowner petition, subtn t the original petition. If
initiated by resolution of an affected agency, submit one certified copy.
2. APPLICATION FORM -- Submit the original and 20 copies. Descriptions and Maps must conform
to State Board of Equalization Standards (See Attached). For additional requirements see Items 3 and
4 below.
3. LEGAL DESCRIPTION
Submit on disk.
The description should be double spaced and must bear the designation of the proposal.
(e.g., Annexation No 1" to the City of )
4. MAP
Submit an original or erasable duplicate Mylar(must be to scale and legible) and 5 printed copies.
Extraneous information must be left off. (e.g., contour lines, house set backs, etc.). Maps will not be
returned.
Map shall not be smaller than 82" x 11" or larger than 11" x 17". Any other size must be authorized
by this office.
The map(s) must show the designation of the proposal and the name(s) of the affected agency.
(e.g., "Annexation No. 1 to the City of )
The boundaries of the subject territory must be distinctively shown on the map without obliterating
any essential geographic or political features.
All maps must be professionally drawn or copied. Rough sketches of maps or plats will not be
accepted.
5. FILING FEES (EFFECTIVE JULY 1, 1998)
(Make check payable to the County of Los Angeles).
Annexations and Detachments
Under 1 acre
$1,500
1 to 9.99 acres
2,000
10 to 19.99 acres
2,500
20 to 49.99 acres
3,000
50 to 99.99 acres
3,500
100 to 149.99 acres
4,000
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Instruction for filing Application for Change of Organization/Reor... /Special Reorgantzatto
150+ acres 4,500
Other Actions
Special Reorganization
$8,000
Incorporation/Disincorporation
6,000
District Formation
5,000
District Dissolution
3,500
District Consolidation
3,500
District Merger
3,500
Establishment of Subsidiary District
3,500
Reorganizations
3,500
Activation of Latent Power
3,000
Detachments Due to Lack of Service
500
Sphere of Influence
3,000
Sphere of Influence Amend./Review
1,500
Sphere of Influence Amend w/annexation
500
Reconsideration of LAFCO determinations
700
Out of agency service agreements
2,000
Map and legal description review
300
Petition Verification
Actual Cost, as required by Registrar -Recorder
Environmental Review
CEQA Exemption No charge
Extended Initial Study (if required) Actual cost, due at time of contract execution
Preparation of EIR (if required) Actual cost, due at time of contract execution
Review initial study or determine EIR, is $ 500
required
Appeal of environmental determination 500
Other Fees
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.nstruction ror a.ing tipp.ication or C-iange of Organtzattoty. eor...i�pecta...Keorganiza.io
Stale Controller's Review of Incorporation Fiscal Anal)sis
For any request made pursuant to Government Code Section 56833.3, the recuester shall include a
deposit, in an amount to be determined by the Executive Officer, to cover the costs of the Controller's
Office review. Upon completion of the Controller's Office review and final billing to LAFCO, the
requester will �)e: (a) refunded the amount that the deposit exceeds the actual costs to LAFCO; or (b)
charged the amount that the actual cost to LAFCO exceed: the deposit.
Outside Legal Counsel
Outside Legal Counsel Fees
Actual Cost
An additional tee may be charged based on actual costs to hire outside counsel in instances where a
conflict of interest may exist for County Counsel. Application of the charge will be at the discretion
of the Executive Officer, except that such charge may be appealed directly to the Commission
Indemnification/Leeal Defense
Legal Defense
Actual cost
As a condition of approval of any change of organization or sphere of influence review by the Local
Agency Formation Commission (LAFCO), the applicant shall be required to defend, indemnify, and
hold harmless LAFCO or its agents, officers, and employees from any claim, action, or proceeding
against LAFCO or its agents, officers, and employees to attack, set aside, void, or annul the approval
of LAFCO concerning the processing of the proposal or any action relating to, or arising out of, such
approval when such action is brought within the applicable statute of limitations. The Commission
has adopted a policy and procedure setting out the process by which this charge will be applied. At
the discretion of the Executive Officer, a deposit of funds by the proponent may be required in an
amount sufficient to cover the anticipated litigation costs, except that such charge may be appealed
directly to the commission.
Copying of Tape of Commission Hearing $9.00 per tape
Preparation of Transcript of Hearing $17.00 per page
Assessor's Processing $20 per parcel for the first 50 parcels
$10 per parcel for each additional parcel with a limit
of $1,500 per proposal
Fee Provisions
Payment of the Filing Fee listed in paragraph 5 on page 2, of these instructions, should not be
construed to either obligate the applicant to pay any additional processing fees nor constitute a waiver
by the Commission of its authority to require payment of additional processing fees pursuant to
Government Code Section 56383,
a. Filing fees must be paid prior to the issuance of a Certificate of Filing.
b. Fees are non-refundable.
c. Fees may be waived or reduced by the Executive Officer if financial hardship is
demonstrated, or if the application is in response to a LAFCO condition or recommendation.
d. Fees may be appealed to the Commission prior to submittal of an application. A request for
waiver or reduction of the fees shall be submitted in writing and shall specify the reasons for
the request. The request will be considered by the Commission at the next meeting in which
the item can be legally placed on the agenda.
NOTE:
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nstructton ':or :i. ing tipp tcation , or U Zange o' l;irgantzatiory.%eor... /3pecta...{eorganiza'ao
There is a processing tee required by the State Board of Equalization upon completion of
proceedings, based on acreage category. Applican will be notified by LAFCO staff of the
amour t and when the P'ee must be submitted to this; office.
6. ENVIRONMENTAL IIOCUMENTS
If the application is initiated by a public agency, submit 13 copies of the EIZ Negative Declaration
or Declaration of Exemption.
If the application is initiated by petition, the applicant may be required to submit additional
information for an environmental assessment.
7. PREZONING ORDINANCE
If the proposal involves annexation to a city, submit one copy of the prezone ordinance.
8. LANDOWNER LIST
Submit 4 copies of a list of names and addresses of all owners of land within the subject proposal.
(This requirement is not applicable to city incorporation or special reorganization proposals).
9. HOUSE NUMBERS
For city boundary change proposals only, submit two copies of either a map or list of all streets and
addresses within the proposal. If addresses will be changed upon completion of the boundary change,
submit both current and new numbers.
If you have any questions, contact LAFCO staff at (213) 974-1448.
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C range of Jurisdtcttonai _Bouncary
STATE BOARD OF EQUALIZATION
CHANGE OF JURISDICTIONAL BOUNDARY
REQUIREMENTS FOR STATEMENTS, BOUNDARY DESCRIPTIONS, MAPS
and SCHEDULE OF PROCESSING FEES
Sections 54902, 54902.5, Government Code
December 2, 1998
GENERAL APPLICATION: Fees and requirements set forth in this schedule shall apply to all statements filed
pursuant to Sections 54900 to 54903 of the Government Code. Provisions and definitions given in Sections 3 and
4 below are to help you compute the fees and serve as guidelines to ensure acceptance of maps and boundary
descriptions.
A. Final date to file with the State Board of Equalization for a change of jurisdictional boundary for special
revenue district is on or before December 1 of the year immediately preceding the year in which the
assessments or taxes are to be levied.
B. All fees shall accompany the statements.
C. Mail statements, maps and fees to Tax Area Services Section, State Board or Equalization, 450 N
Street, MIC: 59, P.O. Box 942879, Sacramento, CA 94279-0059. Inquiries concerning these
requirements should be sent to Mr. David J. Martin or call (916) 322-7185 Fax (916) 327-4251.
2. STATEMENTS REQUIRED TO FILE FOR A CHANGE OF JURISDICTIONAL BOUNDARIES:
The items listed below shall be submitted together as a single package. Incomplete packages will be rejected.
A. Statement of boundary change (Form PT -400 -TA; no substitutions accepted)
B. Certificate of completion (if applicable)
C. Copy of the resolution from the governing board
D. Written geographic description of the subject territory as defined in Section 3
E. Maps and supporting documents
F. List of assessor parcel numbers for parcels within the subject territory
G. Letter of tax rate area assignment from the County Auditor (consolidated counties only)
H. Fees
3. DESCRIPTIONS AND MAPS: Upon completion of the initial processing, all filed documents are microfilmed
and then destroyed. Any document that will not produce a readable photographic image shall be rejected and
returned to the applicant for replacement.
It is strongly recommended that maps be submitted in electronie/digital format. Refer to Item 3.0 below.
ALL DOCUMENTS SHALL CONFORM TO ITEMS 3.A.1 THROUGH 3.B.14 BELOW WITHOUT
EXCEPTION.
A. WRITTEN GEOGRAPHIC DESCRIPTIONS OF JURISDICTIONAL BOUNDARY CHANGES:
items 1 through 7 shall apply to all documents pursuant to Section 54902, Government Code.
Tax Area Services is not involved in issues related to property ownership. Descriptions of
territory that are required in the filing process with the State Board of Equalization are used
to establish geodetic position and are not intended to establish property ownership in a
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Change of Jurisdictional Boundary
Court of law. Subdivision maps, assessor's maps and deeds are not on file with the State
Board of Equalization, nor are such documents readily available to its staff in Sacramento
where all processing at the state level is performed. Boundary descriptions that merely cite
recorded documents or refer to assessor's parcels are of very limited value to the Board's
cartographic staff and shall be rejected. (See Items 3.A.1, 3.A.2 and 3.A.5 below).
1. Every, written geographic description must be self-sufficient within itself without
tile necessity' of reference to any extraneous document. A boundary description that
relies solely on the use of secondary' references shall be cause for rejection. The
cartographic staff must be able to plot the boundaries from the written description.
Example:
Unacceptable: "...thence northerly to the southwest comer of that
certain property recorded in Book 12, Page 15 of Recorded Deeds..."
Acceptable: "Thence North I ° 18'56" West a distance of 150' to the
southwest comer of that certain property recorded in Book 12, Page
15 of Recorded Deeds..."
2. The written geographic description shall be expressed as either a bearings and distances
description, or as a specific parcel description in sectionalized land (e.g., The SW 1/4 of Section
22, TIN, RIW). When the description is by metes and bounds, all courses shall be numbered and
described with bearings and distances written in a consistent clockwise direction. All courses
required to close the traverse of the subject territory shall be stated. All curves 'shall be described
by direction of concavity'. Delta arc length, chord and radius shall be listed, including radial
bearing for all points of non -tangency.
3. The written geographic description shall be a document separate from any maps.
4. The written description shall be of the subject territory only. If a complete description of the special
district is filed, that portion of the subject territory shall be clearly identified in a separate
document.
The geographic description shall have a point of beginning referenced to a known major geographic
position (Example: section corners, intersection of street or road centerlines, intersection of street
centerline and city, county or district boundary at time of filing, etc.). A point of beginning that is
tied to a fence post, tree or pipe in the ground is not considered a major geographic position. A
point of beginning that refers only to a tract map, a subdivision map or a recorded survey map will
be rejected. It is preferred that the point of beginning be the point of departure from an existing
district boundary (when applicable).
6. Effective January 1, 2000, the point of beginning shall be described by the California State Plane
Coordinate System, 1983 datum (see Item 3.B.5 below).
7. The written description shall state the acreage for each separate single area (see Section 4 for a
definition of single area) and the combined total acreage of subject territory.
Example: "Area A containing x.xx acres, Area B containing x.xx acres: Total
computed acreage containing xx.xx acres more or less. "
B. MAPS: Item 1 through 14 shall apply to all map documents pursuant to Section 54902, Government
Code.
1. All maps shall be professionally drawn or copied. Rough sketches or pictorial drawings will be
rejected. Assessor parcel maps will not be accepted as a substitute for the project map.
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C7ange or . unscicttona.. 3ouncary
2. Every map shall bear a scale and north arrow. Every map shall be of a sufficient size to allow Tax
Area. Services to plot the boundary without difficult. Reduced maps are not acceptable and will
be rejected. Every map shall be of a scale common to the industry. All lettering and numbering on
the map must be legible.
3. A vicinity map shall be included.
4. The point of beginning shall be clearly shown on the map and referenced to a known geographic
point ( see Item 3.B.5 above).
5. Effective January 1, 2000, every boundary description and map shall contain a minimum of four
geodetic control points that are referenced to the California State Plane Coordinate System, 1983
datum (see Item 3.B.6 above).
Acceptable control points: Section comers, section 1/4 comer,
section centerpoints; the intersection of street, road, or
highway centerlines.
Unacceptable control points: Reference to a recorded deed,
recorded survey or tract map. A tie to an insignificant
monument that can change, move or erode over time
(Example: fence posts, marks on trees, etc.).
6.
All prior annexations contiguous with the subject territory shall be shown listing the annexation
number, the resolution number, resolving agency name, ordinance or official record number and
recording date.
7.
All dimensions needed to plot the boundaries must be given on the map of the subject territory.
Each map shall have numbered courses matching the written geographic description. All courses
shall be numbered and described with bearings and distances written in a consistent clockwise
direction. All courses required to close the traverse of the subject territory shall be drawn. All
curves shall be described by direction on concavity. Delta, arc length, chord and radius, including
radial bearing for all points of non -tangency shall be listed. Index tables may be utilized.
8.
Every map must clearly indicate all existing streets, roads, and highways, together with the current
names of these thoroughfares, within and adjacent to the subject territory. The relationship of the
subject territory to street rights -of -ways and street centerlines must be clearly indicated. Other
pertinent physical features should be included. Do no include topographic contour or elevation lines
unless they are specifically called out in the geographic description.
9.
The boundaries of the subject territory shall be distinctively delineated on the map without
obliterating any essential geographic or political features. The boundaries of the subject territory
shall be the most predominant line on the map. Boundary lines that are delineated by a line that
exceeds w.5 millimeter in width shall be rejected. The use of graphic tape or broad tip marking
pens to delineate the boundary is not acceptable.
10.
All parcels within the subject territory that touch the new boundary shall be clearly labeled with the
assessors parcel number. Interior parcels that do not touch the exterior boundary need not be
identified.
11.
If the subject territory has interior islands of exclusion, or the boundary has a peninsula of
exclusion (or inclusion), that area(s) shall be shown enlarged in a marginal sketch. This sketch shall
be of sufficient size and scale to allow Tax Area Services to plot the boundary without difficulty.
The parcels in the sketch that touch the boundary shall be clearly labeled with the assessor parcel
numbers.
12.
When it is necessary to use more than one map sheet to show the boundaries of the subject territory,
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U iange o . unscictiona ._,ounc.ary
the sheet size shall be uniform. A small key map giving the relationship of the several sheets shall
be furushed. Match lines between adjoining sheets shall be used. While the geography on adjoining
sheers may overlap, the project boundaries must stop at the match lines. Tax Area Services has
standardized :)n the D size (24" X 36") map sheet, but will accept larger or smaller map sizes
depen ling on the size and complexity of the individual single area.
13. Maps cf the subject territory shall be drawn to these standard minimum scales:
(For a multip,e-area filing, the size and complexity of each single area should govern
the riq) scale.)
Acreage within Minimum
Proi,�ct Area Map Scales
1 — 40 acres 1" = 100'
41 — 20X, acres 1" = 200'
201 — IOX, acres 1" = 400' or 1" = 800'
Over 1001 acres 1" = 800' or 1" = 1200'
14. If any segment of the boundary is shorter than 1/40 of the map scale (i.e., 10 feet on a 1" _
400' scale map) that segment should be shown enlarged in a marginal sketch.
C. ELECTRONIC/DIGITAL MAPS: It is strongly recommended that all maps submitted to the State
Board of Equalization be filed in electronic/digital form .
1. Media: 3.5' diskette, double -sided high-density (1.44) mg). Please use separate disks for each
filing. The diskette shall have an adhesive label applied that states:
a. the agency and/or special district submitting the map
b. name of the project/short title
c. number of diskettes for the filing
d. county name(s)
2. File Format: Tax Area Services will only accept files in Auto CAD .dwg format. Drawing
shall be in vector format only. Raster files, raster -vector hybrid, tiff, .pcx, .cps or any other
drawing formats will be rejected. Tax Area Services will not accept a print file.
3. Compressed Files: Tax Area Services will only accept files that have used PKZIP as the
compression tool or is compressed as a self -extracting file. A copy of PKUNZIP must be
included on the diskette. It is preferred that uncompressed files be sent.
4. Required files: The diskette shall contain only the following files:
a. map/drawing files(s)
b. ASCII text file labeled "read_me.txt: listing,the name, address and phone number of
the agency/special district; county name, city name (if applicable), project/short title
of the action; name, address and phone number of office that prepared the map file;
list of files on individual diskettes (if more than one diskette is sent for the action),
California State Plane Coordinate System zone and datum (NAD '83 OR '27), any
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otner pertinent data that relates to the map files only. Please be brief.
C. PKUNZIP if the drawing is a compressed file
5. Contents of ma files: Maps that are filed electronically shall conform to the same
requ:.rements for a manually drawn amp as described in this document (Item 3.B.1 through
3.B. -A).
6. Plotting: The map must be plot ready without requiring any additional work by the Tax Area
Services staff. The maps will be plotted out and shared with other departments and agencies
in paper format. Digital information will not be shared without the permission of the
applicant. The map drawing file shall have the same appropriate borders, legends, title
blocks, signature block and any necessary information that is required for a manually drawn
map. Sheet size and plotting scale shall be listed in the "read_me.txt" file.
7. Scale:: The drawing shall be at real-world scale.
8. Line tees: All line types shall be continuous with the exception of street centerlines.
9. Lavers: The drawing file(s) shall contain, but not limited to, the following three layers.
a. Boundary: The complete perimeter boundary of the subject territory. Any portion of
the boundary coterminous to an existing boundary shall be drawn. The boundary
shall be drawn as a closed figure. A segment of the existing district boundary
sufficient to establish the relationship of the subject territory to the district shall be
drawn. This shall apply to both contiguous and non-contiguous relationships to the
existing district boundary.
b. Back round: All line work to delineate existing lot lines and other pertinent physical
features (rivers, streams, canals, etc.) within and adjacent to the subject territory;
centerlines for all streets, roads, highways including dimensions and labels, directly
relating to the perimeter boundary of the subject territory; right-of-way for all
streets, roads, highways, including dimensions and labels, directly relating to the
perimeter boundary of the subject territory; Township and Range and section lines
with appropriate labels, use when applicable. This may be multiple layers if named
appropriately. The vicinity map shall be on this layer.
C. Border: Borderlines, north arrow, scale, title blocks, signature block and all
associated text.
4. DEFINITIONS AND SPECIAL FEE PROVISIONS:
A. "Single area," means any separate geographical area regardless of ownership. A lot, subdivision or a
township should each be a "Single area". For the purpose of this schedule a geographical area, which is
divided into two or more parcels by a roadway, railroad right-of-way, river or stream, shall be considered a
"Single area". Separated geographic areas that are not contiguous to each other shall not be considered a
"Single area". A "Single area" does not include two areas that are contiguous to an existing boundary of a
city or district but not to each other.
B. "Contiguous" shall be defined as two polygons that share a common line segment.
C. "Zones" include temporary zones in highway lighting districts, other zones, zone of improvement, zone of
benefit, improvement districts, or any other sub -units of a county, city or parent district.
D. "Concurrent transaction" includes any combination of formations, annexations and withdrawals of a single
area under one resolution or ordinance. The fee shall be according to the fee schedule, Section 5; there is
no additional costs for the number of transactions involved. If there is more than one resolution or
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zange o.. , unscac.zona..._,ounc.ary
ordin,nee, eai: i single area must be separately computed under the fee schedule, Section 5.
E. Thi: fees in 3c ction 5 of this schedule are based on the concept that any given action is confined to a single
cot.nty, If mo -r, than one county is involved, add $300.00 for the second and each additional county
i nv olN ed.
F. Colzrininou; ransaciion: If an annexed or detached territory comprises an entire city, district, or zone
without affe-ting the existence of that city, district or zone, the total processing fee shall be $300.00. If the
cot.rminous t-ansactzon contains areas of exclusion, each area of exclusion shall be considered a single
area transaction and all requirements shall apply and the fees calculated as such. Example: A district is
formed coterminous with a city boundary and contains two areas of exclusion of four acres each; the total
fee is S1,000 ( see Section 5, Schedule of Processing Fees). .
G Payment of he fee for formation of a city or district may be deferred until that city or district receives its
first revenue (Section 54902.5 Government Code). Each deferment shall be subject to a $35 billing charge.
IMPORTANT: IF YOU HAVE AN UNUSUAL SITUATION OR ARE UNSURE, DO NOT GUESS AT THE
FEE. CALL (916) 322- 7185 OR WRITE TO: TAX AREA SERVICE SECTION, STATE BOARD OF
EQUALITATION. 350 N STREET, MIC: 59, PO BOX 942879, SACRAMENTO, CA 94279-0059 FOR
HELP TO DETERMINE THE CORRECT FEE.
5. SCHEDULE OF PROCESSING FEES: See Section 4 for definitions and modifications of the fees under certain
circumstances. Multiple area filings for special revenue districts shall be calculated as a singe area transaction for
each area separately. A separate fee must be computed for each ordinance or resolution. All fees are required at the
time of filing. Please make checks payable to the State Board of Equalization.
Single Area Transactions, -
Acreage within
Single Area
The following transactions may supersede
subject territory
MaRping _Lee
or combine with the single area transaction
fee schedule
Less than I acre
$300
Deferral of Fees
$35
1 — 5
$350
Additional County per transaction
$300
6-10
$500
Consolidation per district or zone
$300
11-20
$800
Entire district transaction
$300
21-50
$1,200
Coterminous transaction
$300
51-100
$1,500
Dissolution or Name change
$0
101-500
$2,000
501-1,000
$3,000
1,001 — 2,000
$3,000
2,001 and above
$3,500
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Back to Forms Page
http://Ialafco.co.1a.ca.us/formO4.htm
:notate .-'roceec.ings i or tie .reorganization o� .. emtory
Resolution No.
A. RESOLUTION OF APPLICATION BY THE
CITY COUNCIL OF THE (Imen name of city)
REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
INITIATE PROCEEDING FOR THE REORGANIZATION OF TERRITORY
RESOLVED by the City Council of the (lnsenname ofcity) , that,
WHEREAS, the (Insen name ofcity) desires to initiate
proceedings pursuant to the Cortese -Knox Local Government Reorganization Act of 1985,
commencing with Section 56000 of the California Government Code, for a reorganization
which
would concurrently annex territory to the (Insert nave of city)
and detach territory from (Insert name ofagency)
; and,
WHEREAS, notice of intent to adopt this resolution of application has been given, and this
Council has conducted a public hearing based upon this notification; and,
WHEREAS, the principal reasons for the proposed reorganization are as follows:
(Stare principal reasons)
; and,
WHEREAS, the following agency or agencies would be affected by the proposed
jurisdictional changes:
Agency (Insert agency name) Nature of Change (i.e., annexation, detachment)
http://Ialafco.co.1a.ca.us/formO5.htm
nuiate 'roceecings : or tie :eorganizauon of emtory
and,
WHEREAS, the territory proposed to be reorganized is Inhabited/ Uninhabited (use one),
and a map and description of the boundaries of the territory are attached hereto as Exhibits A
& B and by this reference incorporated herein; and,
WHEREAS, it is desired to provide that the proposed reorganization be subject to the
following
terms and conditionS:(List of terms and conditions or insert "None")
and,
WHEREAS, this proposal is consistent with the adopted spheres of influence for all of the
agencies which would be affected by reorganization; and,
WHEREAS, this Council certifies that: (Insertfindings pursuant to CEQA)
(Insert if applicable) WHEREAS, this Council has determined that this proposal meets the
http://Ialafco.co.1a.ca.us/fonnO5.htm
Initiate Proceedings for the Reorganization of Territory
criteria for waiver of Conducting Authority proceedings as set forth in Government Code
Section 56837(c);
NOW, THEREFORE, this Resolution of Application is hereby adopted and approved by the
City
Council of the (rnsen name oJcuy) , and the Local Agency
Formation
Commission of (lnsen name) County is hereby requested to
take
proceedings for the annexation of territory as authorized and in the manner provided by the
Cortese -Knox Local Government Reorganization Act of 1985.
PASSED AND ADOPTED this day of , 19_, by the City
Council
of the , County of
State
of California, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
(Insert Name), Mayor
ATTEST: City Council
(Insert Name), City Clerk
Back to Forms Page
http://Ialafco.co.1a.ca.us/formO5.htm
Loa Angeles County LAFCO Commissioners
L O S A N G E L E S C O L' N 'r Y
L A F _C 0
Los Angeles LAFCO Structure
Two member,, from the Board of
Member:
Yvonne Burke -
Supervisors appointed by the Board
Supervisor, Second District
of Supervisors.
Member:
7.ev Yaroslaysky -
Supervisor. Third District
One alternate from the Board of
Alternate:
Don Knabe -
Supervisors appointed by the Board
Supervisor. Fourth District
of Supervisors.
One public member from the San
N-lember:
.lames DiGuiseppe
Fernando Valley statistical area. not
a member of the Board of
Supervisors, appointed by the
Board of Supervisors.
One alternate public member
Alternate:
Richard Close
appointed by the Board of
Supervisors.
Two members representing the 87
Member:
Thomas Jackson -
cities in the county. Must be a city
City of Huntington Park
officer and appointed by the CAN,
Member:
Beatrice Proo -
Selection Committee.
City of Pico Rivera
,U One alternate appointed by the City
Alternate:
Cristina Cruz Madrid -
Selection Committee.
Cit' of Azusa
One member from a cit
Member:
Hal Bcrnson -
Councilman, City of Los Angeles
representin2 30% of the total
population of the county who is a
member of the legislative body
from that city. Must be appointed
by the presiding officer of that
legislative bodv.
Alternate appointed by the same.
Alternate:
John Ferraro -
Councilman, City of Los Angeles
One member from the general
Member:
Henri Pellissier
public appointed bv_ the other eight
Commissioners.
Alternate appointed by the same.
Alternate:
Kenneth Chappell
Two members appointed by the
Members:
-Larry Connelly -
Independent Special District
Little Rock Creek Irrigation District
Selection Committee.
William Wentworth -
Walnut Valley Water District
Alternate appointed by the slime.
Alternate:
Gordon Knopp -Las Vir_ines
Municipal Water District
Los Angeles County LAFCO .vleettng Scheciu.e
L O S A N G E L E S C O U N T Y
L A - F 0
The Commission will meet at 9:00 a.m., in the Board of Supervisors Hearing Room
(Room 381. Kenneth Halm Hall of Administration). 500 West Temple Street, Los
Angeles, on the following Wednesdays:
January- 12
January 26
February 9
Febniary 23
March 8
March 22
Apri 112
April 26
May 10**
May 24
June 14
,June 28**
Jul,, IZ
July 26
August 9
August 23
September 13
September 27
October I I
October 25
November 8
December 13
"Due to Board of Supervisors Budget Meeting scheduled for May l0, 20(X): and
Budget Diiberations scheduled for June 28. 2000 these meeting dates are subject to
confirmation.
Back to Tc p
http:/Aalafco.co.1a.ca.us/lafco—sched.htm
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13
AERIAL #3
CITY OF DIAMOND BAR
I QUICK CAPE MINUTES
FEBRUARY 1, 2000
1. STUDY SESSION: Mayor O'Connor called the meeting to
order at 5:03 p.m. in Room CC -2 of the SCAQMD, 21865 E. Copley
Dr., Diamond Bar, CA.
DISCUSSION OF ANNEXATION PROCESS AND PRELIMINARY COST -BENEFIT
ANALYLSIS
ROLL CALL: Council Members Chang, Herrera, Huff,
MPT/Ansari, M/O'Connor
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager;
David Liu, Deputy Public Works Director; Bob Rose, Community
Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director; Lynda Burgess,
City Clerk; Kellee Fritzal, Assistant to the City Manager; Ann
Lungu, Rose Manela, Sonya Joe, Teresa Montgomery.
CLOSED SESSION: Called to order at 6:00 p.m. in Room
CC -2.
Conference with Legal Counsel - Existing Litigation,
Government Code Section 54954.5: Barbara Beach-Courschene, et
al vs. City of Diamond Bar.
2. CALL TO ORDER:
6:30 p.m., January 4, 2000
PLEDGE OF ALLEGIANCE: Cub Scout Pack 737, Den 1, National
Anthem played by D.B. High School band.
INVOCATION: Ron Rose, Pastor, Calvary
Chapel, Golden Springs
ROLL CALL: Council Members Chang, Herrera,
Huff, Mayor Pro Tem Ansari, Mayor O'Connor
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager;
David Liu, Deputy Public Works Director; Bob Rose, Community
Services Director; Linda Magnuson, Finance Director; Mike
Nelson, Communications & Marketing Director and Lynda Burgess,
City Clerk.
APPROVAL OF AGENDA:
Mayor
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1A Presentation of City Tiles and Certificates to Diamond
Bar High School CIF Champions and Diamond Bar High School
Band.
JANUARY 4, 2000
PAGE 2
3.1B CITY MANAGER REPORTS AND RECOMMENDATIONS:
4. PUBLIC COMMENTS: Martha Bruske complained about the
addition of the agenda item "CITY MANAGER REPORTS AND
RECOMMENDATIONS:"
Rev. Mike Scheunemeyer, D.B. Christian Church re Prop 22
relating to the definition of marriage - urged no vote on the
issue.
Wally Lyman re Lanterman - Asked for an accounting of the
money spent by the City on defending this suit. Didn't feel
that the City has done anything to help the situation.
Dick Farrell re Lanterman - Need to continue fighting the
State.
Darla Farrell re Lanterman -
Sue Sisk -
Irene Kim -
Mary Matson -
Gladys Crittenden -
Marie Buckland -
Wayne Yada -
Don Gravdahl -
Jeff Koontz, Exec. Dir., D.B. Chamber of Commerce -
C/Herrera reported as a member of the Lanterman Sub -Committee
Bob Huff -
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - February 8, 2000 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.2 COMPLETE COUNT COMMITTEE MEETING - February 9, 2000 -
7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr.
5.3 TRAFFIC & TRANSPORTATION COMMISSION - February 10, 2000
- 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.4 CITY COUNCIL MEETING - February 15, 2000 - 6:30 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
JANUARY 4, 2000 PAGE 3
5.5 PLANNING COMMISSION - February 22, 2000 - 7:00 p.m., AQMD
Board Hearing Room, 21865 E. Copley Dr.
5.6 PARKS & RECREATION COMMISSION - February 24, 2000 - 7:00
p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
5.7 CENSUS TOWN HALL MEETING - February 26, 2000 - 9:00 a.m.
to 12:00 p.m., AQMD Auditorium, 21865 E. Copley Dr.
5.8 JOINT COUNCIL/WVUSD BOARD MEETING - March 8, 2000 - 6:30
p.m.
6. CONSENT CALENDAR: Moved by C/Huff, seconded by
MPT/Ansari to approve the Consent Calendar with the exception
of Item No. 6.11. Motion carried 5-0 by the following Roll
Call vote:
6.1 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
Meeting of December 14, 1999.
6.2 APPROVED VOUCHER REGISTER - dated February 1, 2000 in the
amount of $2,279,413.79. (M/O'Connor abstained from
approval of P.O. 9260 and P.O. 9463 relating to the
proposed Lanterman Developmental Center Expansion
Project.
6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - Submitted
for City Council's review and approval is the Treasurer's
Statement for December, 1999.
6.4 APPROVED NOTICE OF COMPLETION FOR THE GOLDEN SPRINGS
DRIVE REHABILITATION PROJECT BETWEEN GRAND AVENYE AND
TORITO LANE - Accepted the work performed by Excel Paving
Co. and authorized the City Clerk to file the Notice of
Completion and release any retention amounts thirty-five
days after the recordation date.
6.5 APPROVED EXONERATION OF BONDS FOR WILLIAM LYON COMPANY
FOR GRADING PERMIT BONDS AND FAITHFUL PERFORMANCE BONDS
FOR TRACT Nos. 45268, 43760 AND 44825: a) Grading Permit
Bond in the amount of $54,400 for Tract No. 45268, b)
Grading Permit Bond in the amount of $415,800 for Tract
No. 43760, c) Faithful Performance Bond for installation
of park sewer line and connection improvements/parkway
entry sign in the amount of $15,000 and d)directed the
City Clerk to notify the owner and surety of these
actions.
6.6 (a) APPROVED AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES
AGREEMENT WITH MICHAL BRANDMAN ASSOCIATES FOR ADDITIONAL
SERVICES IN PROCESSING TRACT MAP NO. 51169 (HORIZON
PACIFIC MITIGATION MONITORING - in the amount of $3,540.
JANUARY 4, 2000
PAGE 4
(b) APPROVED AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES
AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR ADDITIONAL
SERVICES IN PROCESSING TRACT MAP NO. 32400 (STANDARD
PACIFIC MITIGATION MONITORING - in the amount of $7,890.
6.7 APPROVED A CONSULTING SERVICES AGREEMENT WITH MICHAEL
BRANDMAN ASSOCIATES FOR ON-CALL ENVIRONMENTAL PLAN
CHECKING AND INSPECTION SERVICES - in the amount of
$5,000.
6.8 ADOPTED RESOLUTION NO. 91-72F: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION
NO. 91-72E PRESCRIBING A METHOD OF DRAWING WARRANTS AND
CHECKS UPON CITY FUNDS - adding the Mayor Pro Tem an
additional signer.
6.9 APPROVED SECOND READING OF ORDINANCE N0. 01(2000): AN
ORDINANCE OF THE CITY OF DIAMOND BAR ADDING NEW CHAPTER
5.09 ADOPTING BY REFERENCE CHAPTER 7.16 OF TITLE 7 OF
THE LOS ANGELES COUNTY CODE PERTAINING TO AMBULANCES OF
THE DIAMOND BAR COUNTY CODE.
6.10 APPROVED MINUTES:
6.10.1 Study Session of January 18, 2000 - as
submitted.
6.10.2 Regular Meeting of January 18, 2000 - as
submitted.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.11 RESOLUTION NO. 2000-6: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR SUPPORTING PROPOSITION 15, THE
HERTZBERG-POLANCO FORENSIC CRIME LABORTORIES CONSTRUCTION
BOND ACT.
Moved by C/Herrera, seconded by C/Chang to adopt
Resolution No. 2000-6. Motion carried 5-0 by the
following Roll call vote:
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard.
7.1 RESOLUTION NO. 2000-07: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ADOPTING FEES PERTAINING TO
AMBULANCE LICENSING -
M/O'Connor opened the public hearing.
Martha Bruske - What about ambulance noise? Where are
the drivers allowed to park and wait?
JANUARY 4, 2000 PAGE 5
Jeff Koontz - responded to Mrs. Bruske's comments.
There being no further testimony offered, M/O'Connor
closed the Public Hearing.
Moved by MPT/Ansari, seconded by C/Huff to adopt
Resolution No. 2000-07. Motion carried 5-0 by the
following Roll Call vote:
8. OLD BUSINESS:
8.1 SOLID WASTE RECYCLING COLLECTION - on January 4, 2000,
Council requested additional information regarding its
decision-making options and instructed staff to prepare
draft bid specifications (i.e., a Request for Proposal)
for a contractor to solely provide integrated waste
management services within the City. Four pathways have
been identified for consideration: (1) stay with the
open -permit system; (2) negotiate with one or more
haulers to implement a single -service provider; (3)
negotiations failing, proceed with an open bid process to
select a single -service provider; or (4) proceed directly
with an open bidding process to select a single -service
provider.
Red Calkins -
Mike Dye - Universal Waste Systems -
Ron Saldana, Exec. Dir., California Integrated Disposal
Assn. -
Clyde Hennessee -
Dave Reynolds -
Don Gravdahl -
Dean Ruffridge, Waste Management - requested award of a
5 -year franchise.
MPT/Ansari suggesting opening bids for hauling.
C/Huff recommended contracting with a single -service
provider to restrict the number of trucks on the street.
Use an open -bid system.
Tommy ????, Athens Disposal re alternative fuel vehicles
- company doesn't use at this time because of the expense
and high maintenance demands. Will provide these types
of trucks if the City's bid package requests it.
Mike Dye, Universal Disposal - company is looking into
JANUARY 4, 2000 PAGE 6
alternative fuel systems.
Moved by C/Chang, seconded by C/Huff to direct staff to
issue bid specifications and collect open bids for
issuance of a single -hauler contract for all solid waste
collected in the City to the most qualified bidder.
Moved by M/O'Connor to amend the motion to direct staff
to send a 5 -year letter of discontinuation. C/Chang
agreed to amend his motion and C/Huff seconded.
Amended motion carried 5-0 by the following Roll Call
vote:
9. NEW BUSINESS:
9.1 ESTABLISHMENT OF COORDINATING COUNCIL FOR COMMUNITY
EVENTS - Currently, City news is published in various
media. It is not known whether the information is
reaching the community to any significant extent. The
proposed Coordinating Council assembles key people
already plugged into various groups, who can deliver
information to their groups, furthering the effectiveness
of communications. In addition, the members can help the
City understand their unique needs, get their messages
and events publicized for the enjoyment and benefit of
the rest of the community. A community calendar compiled
from the various events articulated through the
Coordinating Council would be published on our web page.
The City's web page could provide links to websites these
organizations may have, in addition to perhaps providing
City web page space for these entities to help them reach
and communication with their membership.
Martha Bruske -
Jeff Koontz
MPT/Ansari moved, seconded by C/Chang to form a Community
Coordinating Committee.
M/O'Connor recommended that members of the Council be
designated. MPT/Ansari agreed to the amendment and
recommended that the Mayor and C/Huff be appointed.
C/Chang also agreed to the amend the motion.
Motion carried 5-0 by the following Roll Call vote:
9.2 RESOLUTION NO. 2000-08: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR RECOGNIZING THE IMPORTANCE OF
THE DECENNIAL CENSUS IN THE YEAR 2000 AND FORMING A
COMPLETE COUNT COMMITTEE TO SUPPOORT AND ENCOURAGE
PARTICIPATION - The Decennial Census will be taken in the
JANUARY 4, 2000 PAGE 7
year 2000. It is important that as complete a count of
people in the U.S., generally, and the City of D.B.
particularly, be accomplished. To this end, the City is
establishing a Complete Count Committee to support,
encourage and facilitate complete participation of D.B.
residents in the Census. The City has, and will continue
to market, inform and educate the community through the
use of several media: City website; community bulletin
boards; print advertisement; CATV advertisement; e -news;
press releases; news stories (Mayor's Corner, etc.);
public meetings (e.g., Town Hall). The Complete Count
Committee will provide for coordinating of numerous
community groups and organizations in efforts to
encourage people living in D.B. to participate in Census
2000. The City will also be applying for federal funds
to assist in covering the costs of the Complete Count
Committee's activities.
Dr. Larry Rhodes - encouraged everyone to be counted.
Moved by MPT/Ansari, seconded by C/Chang to adopt
Resolution No. 2000-08. Motion carried 5-0 by the
following Roll Call vote:
RECESS TO REDEVELOPMENT AGENCY 8:49 p.m.
Next Resolution No. RA 2000-01
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Ansari, Herrera,
O'Connor, VC/Chang, C/Huff
Also present were: Terrence L. Belanger, Executive Director;
Mike Jenkins, 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 CONMNTS :
3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by
AM/Ansari to approve the Consent Calendar. Motion carried
5-0 by the following Roll Call vote:
3.1 APPROVED AMENDED VOUCHER REGISTER - February 1, 2000 in
the amount of $2,237.58.
3.2 REVIEWD AND APPROVED TREASURER'S STATEMENT - month of
December, 1999.
JANUARY 4, 2000 PAGE 8
3.3 APPROVED MINUTES - Regular Meeting of January 18, 2000 as
submitted.
4. PUBLIC HEARINGS: None
S. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS:
RECONVENE CITY COUNCIL MEETING: 8:52 p.m.
10. COUNCIL SUB-COMMITTEE REPORTS:
11. COUNCIL MEMBER COMMENTS: MPT/Ansari suggested placement of a
memorial to Veterans in Heritage Park.
12. ADJOURNMENT: There being no further business to conduct,
M/O'Connor adjourned the meeting at 10:38 p.m. in memory of John A.
Rowland IV and in memory of the passengers of Alaska Airlines
Flight 261.
(-A Secretary o:: 31-a.e - _UA. _ ,
Prep :)sition 1 E, ote f 000 Home I Ballot Pamphlet Home I Next - Prop 16 1 Secretary of State Home
The Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999.
Text of Proposition 15
This law proposed by Assembly Bill 1391 of the 1999-2000 Regular Session (Chapter
727, Statutes of 1999) is submitted to the people in accordance with the provisions of
Article XVI of the California Constitution.
This proposed law adds sections to the Penal Code; therefore, new provisions proposed
to be added are printed in italic type to indicate that they are new.
PROPOSED LAW
SECTION 1. Title 9.5 (commencing with Section 14108) is added to Part 4 of the Penal
Code, to read:
TITLE 9.5. THE HERTZBERG-POLANCO CRIME
LABORATORIES CONSTRUCTION BOND ACT OF 1999
Chapter 1. Finances
14108. The proceeds of bonds issued and sold pursuant to this title shall be deposited in
the Forensic Laboratories Capital Expenditure Bond Fund, which is hereby created.
14108.1. Bonds in the total amount of two hundred twenty million dollars
($220,000,000), not including the amount of any refunding bonds issued in accordance
with Section 14108. 11, or so much thereof as is
necessary, may be issued and sold to provide a fund to be used for the construction,
renovation, and infrastructure costs associated with the construction of new local
forensic laboratories and the remodeling of existing local forensic laboratories, for the
costs of administering this title, including, but not limited to, the administrative costs of
the Forensic Laboratories Authority, as established in Section 14109, and to reimburse
the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of
the Government Code. The bonds, when sold, shall be and constitute a valid and binding
obligation of the State of California, and the full faith and credit of the State of
California is hereby pledged for the punctual payment of the principal of, and interest
on, the bonds as the principal and interest become due and payable.
http://www. ss.ca.govivote2000/V oterGuide/Propositions/ 15text.htm 2/l/00
15108.2. (a) General obligation bonds maybe issued by the state to finance the working
drawings, preliminary plans, construction, renovation, equipping of the laboratories,
and parking facilities and other improvements, betterments, and facilities directly
related thereto cs described in Section 14108.1.
(l;) The amount 9f the general obligation bonds to be sold shall equal the cost of
construction, renovation, and equipping of the laboratories and facilities, the cost of
working drawings and preliminary plans, sums necessary to' pay financing costs,
including interest during construction, and a reasonable reserve fund.
14108.3. The bonds authorized by this title shall be prepared, executed, issued, sold,
paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), and all of the provisions of that law apply to the bonds and to this chapter and
are hereby incorporated in this chapter as though set forth in full in this chapter.
14108.4. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the
State General Obligation Bond Law, of the bonds authorized by this title, the Hertzberg-
Polanco Forensic Laboratories Construction Act Finance Committee is hereby created.
For purposes of this chapter, the Hertzberg-Polanco Forensic Laboratories
Construction Act Finance Committee is "the committee "as that term is used in the State
General Obligation Bond Law. The committee consists of the Controller, the Director of
Finance, and the Treasurer, or their designated representatives. The Treasurer shall
serve as chairperson of the committee. A majority of the committee may act for the
committee.
(b) For purposes of the State General Obligation Bond Law, the Forensic Laboratories
Authority is designated the "board. "
14108.5. The committee shall determine whether or not it is necessary or desirable to
issue bonds authorized pursuant to this title in order to carry out Section 14108.1 and, if
so, the amount of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and it is not necessary that
all of the bonds authorized to be issued be sold at any one time.
14108.6. There shall be collected each year and in the same manner and at the same
time as other state revenue is collected, in addition to the ordinary revenues of the state,
a sum in an amount required to pay the principal of, and interest on, the bonds maturing
each year, and it is the duty of all officers charged by law with any duty in regard to the
collection of the revenue to do and perform each and every act that is necessary to
collect that additional sum.
14108.7. Notwithstanding Section 13340 of the Government Code, there is hereby
appropriated from the General Fund in the State Treasury, for the purposes of this title,
an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued
and sold pursuant to this title, as the principal and interest become due and payable.
http://www.ss.ca.gov/vote2000/VoterGuide/Propositions/15text.htm 2/1/00
CA Secretary of State - -nmary .n ection - ..ex. o..-roposr:ion-age u..
(b) The sum that is necessary to carry out Section 14108.8, appropriated without regard
to fiscal years.
14108.8. For purposes of carrying out this title, the Director of Finance may authorize
the withdrawal from the General Fund of an amount or amounts not to exceed the
amount of the unsold bonds that have been authorized to be sold for the purpose of
carrying out this title. Any amount withdrawn shall be deposited in the fund. Any money
made available under this section shall be returned to the General Fund, plus an amount
equal to the interest that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the purpose of carrying out
this title.
14108.9. The board may request the Pooled Money Investment Board to make a loan
from the Pooled Money Investment Account, in accordance with Section 16312 of the
Government Code, for purposes of carrying out this title. The amount of the request
shall not exceed the amount of the unsold bonds that the committee, by resolution, has
authorized to be sold for the purpose of carrying out this title. The board shall execute
any documents required by the Pooled Money Investment Board to obtain and repay the
loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in
accordance with this title.
14108.10. All money deposited in the fund that is derived from premium and accrued
interest on bonds sold shall be reserved in the fund and shall be available for transfer to
the General Fund as a credit to expenditures for bond interest.
14108.11. The bonds may be refunded in accordance with Article 6 (commencing with
Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,
which is a part of the State General Obligation Bond Law. Approval by the voters of the
state for the issuance of the bonds described in this title includes the approval of the
issuance of any bonds issued to refund any bonds originally issued under this title or any
previously issued refunding bonds.
14108.12. Notwithstanding any provision of this title or of the State General Obligation
Bond Law, if the Treasurer sells bonds pursuant to this title that include a bond counsel
opinion to the effect that the interest on the bonds is excluded from gross income for
federal tax purposes, subject to designated conditions, the Treasurer may maintain
separate accounts for the investment of bond proceeds and the investment earnings on
those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to
pay any rebate, penalty, or other payment required under federal law or to take any
other action with respect to the investment and use of bond proceeds required or
desirable under federal law so as to maintain the tax-exempt status of those bonds and to
obtain any other advantage under federal law on behalf of the funds of this state.
14108.13. The Legislature hereby finds and declares that, inasmuch as the proceeds
from the sale of bonds authorized by this title are not "proceeds of taxes" as that term is
used in Article XIII B of the California Constitution, the disbursement of these proceeds
is not subject to the limitations imposed by that article.
14108.14. The authority is authorized to apply for any funds that may be available from
http://www.ss.ca.gov/vote2000/VoterGuide/Propositions/15text.htm 2/1/00
the federal government to further the purposes of this title
Chapter 2. Forensic Laboratories Authority
14109. (a) There is hereby created within the Department of Justice the Forensic
Laboratories Authority.
(b) (1) The authority shall be composed of seven members, including the Attorney
General, the State Director of Crime Laboratories, and five members who shall be
appointed by the Governor, with the advice and consent of the Senate.
(2) Of the members that are first appointed, two shall be appointed for a term of two
years, two for a term of three years, and one for a term of four years. Their successors
shall serve for a term of three years and until appointment and qualification of their
successors, each term to commence on the expiration date of the term of the
predecessor.
(c) The first appointments shall be made by April 1, 2000.
(d) The first meeting of the authority shall occur by May 15, 2000. The authority shall
meet at least twice a year.
(e) The Governor shall select a chair and vice -chairperson from among its members.
Four members of the authority shall constitute a quorum.
(f) If any appointed member is not in attendance for three consecutive meetings, the
authority shall recommend to the Governor that the member be removed and the
Governor shall make a new appointment for the remainder of the term.
(g) The authority shall comply with the state open meetings law pursuant to Article 9
(commencing with Section 11120) of Division 3 of Title 2 of, and Chapter 9
(commencing with Section 54950) of Division 2 of Title 5 of, the Government Code.
14109.1. Members of the authority shall receive no compensation, but shall be
reimbursed for their actual and necessary travel expenses incurred in the performance
of their duties. For purposes of compensation, attendance at meetings of the authority
shall be deemed performance by a member of the duties of his or her state or local
governmental employment.
14109.2. This chapter shall be repealed on January 1, 2010.
Chapter 3. Forensic Laboratory Construction and
Remodeling Applications
14109.5. (a) The authority shall consider applications for funding the construction of
new local forensic laboratories and the renovation of existing local forensic
laboratories.
(b) Upon approval of an application, the authority shall have the authority to make
http://www. ss.ca. gov/vote2000/V oterGuide/Propositions/ 15text.htm 2/1/00
CA Secretary of State - .-nmary .L..ection ..exl. o._ .-ropos.r on ..�, .Wage
grants from the Forensic Laboratories Capital Expenditure Bond Fund to fund the
construction and renovation of forensic laboratories.
(c) The manner and form of the application shall be prescribed by the authority.
(d) The Legislature may establish additional criteria which the authority shall use for
approval of applications for construction and renovation.
(e) The authority shall make grants for the construction and renovation of forensic
laboratories only if the following requirements are met:
(1) The applicant provides 10 percent in matching funds. This requirement may be
modified or waived by the Legislature where it determines that it is necessary to
facilitate the expeditious and equitable construction or remodeling of local forensic
laboratory facilities.
(2) The governing body of the entity, or of each entity, comprising the applicant
approves a resolution or resolutions agreeing to pay for the ongoing operating costs of
the laboratory.
(3) The application will not jeopardize the tax-exempt status of the bond issue.
(4) Construction or renovation project management is vested in a public works, or
similar agency with the requisite expertise.
(5) The construction or renovation project complies with state or local bidding and
contract requirements.
Proposition 15 1 vote 2000 Home I Ballot Pamphlet Home I Next - Prop 16 1 Secretary of State Home
http://www.ss.ca.gov/vote2000/VoterGuide/Propositions/15text.htm 2/1/00
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Study Session at 5:00 p.m. and a Regular
Meeting at 6:30 p.m. in the Auditorium, of the South Coast Air Quality Management District
located at 21865 E. Copley Drive, Diamond Bar, California on February 1, 2000.
I, Tommye Cribbins declare as follows:
I am the Asst. City Clerk in the City of Diamond Bar; that a copy of the agenda
for the Study Session and Regular Meeting, to be held on February 1, 2000 was
posted at the proper locations.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this Notice and Affidavit was executed this
26th day of January, 2000, at Diamond Bar, California.
/s/ Tommye Cribbins
Tommye Cribbins, Asst. City Clerk
City of Diamond Bar
6
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
DECEMBER 14,1999
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:15 p.m. in the Auditorium of the South Coast Air Quality
Management Headquarters Building, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Kuo.
1. ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners
George Kuo, Joe McManus and Joe Ruzicka.
Also Present: Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, and
Stella Marquez, Administrative Secretary.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of the November 23, 1999, meeting.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the meeting of November 23,
1999, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS:
5.1 Exterior Lighting Fundamentals.
Presentation by Joe Nolan of Dream Engineering, Inc.
6. NEW BUSINESS: None
7. CONTINUED PUBLIC HEARING: None
DECEMBER 14,1999 PAGE 2 PLANNING COMMISSION
8. PUBLIC HEARING:
8.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1
(pursuant to Code Section 22.44) is a request to amend the following Articles of the
Development Code:
Presentation by AssocP/Lungu.
Article II
Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD -
20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL.
Chair/Tye asked if the intent is to drop RPD -20,000, R-1-20,000 and R-1-15,000 down from the
current location of Rural Residential to Low Density Residential RL.
AssocP/Lungu responded that RPD -20,000 and R-1-15,000 will drop down to Low Density
Residential instead of Rural Residential for consistency with the General Plan. R-1-20,000 zones
exist currently.
DCM/DeStefano explained that a large portion of the area around South Point Middle School
area is zoned R-1-15,000. The area along Longview Drive, Summitridge Drive, some portions of
Goldrush Drive and those general areas surrounding the Ralphs Shopping Center is zoned RPD -
20,000. However, those lots are clearly not 20,000 square foot lots. The RPD was a category of
zoning that the County permitted which allowed for smaller lot sizes and changes in street
configurations in turn for open space being granted to the homeowners association, the City, etc.
These two areas have been encumbered with a development code that says you shall use the
Rural Residential Development Code standards. And those standards were primarily designed
for "The Country Estates" properties that are already at 1/2 or one acre or greater in size. Rural
Residential requires greater setbacks. This matrix requires greater development setbacks than
what is seemingly achievable within these currently developed areas. Therefore, staff is
suggesting that this Zoning Consistency Matrix Table 2-2 be revised which will eliminate the
need for variances and other development permits that would seemingly be unnecessary with this
proposed change.
Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4,
modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback
from 15 to 20 feet in the RL and RLM Zones; and add Lot Coverage, maximum 30 percent
within the RR, RL and RLM Zones.
C/McManus asked if the 30 percent is calculated strictly on the buildable pad.
AssocP/Lungu responded that the 30 percent is calculated on the entire lot area. Lot coverage
would include the main structure and any accessory structures including sheds, guest houses,
patio covers, balconies, etc, as well as, access to the site (driveway).
DECEMBER 14,1999 PAGE 3 PLANNING COMMISSION
Chair/Tye asked if 30 percent coverage is reasonable in the case of a site that has unusable slope
AssocP/Lungu indicated that buildable pad areas that have been approved in the past seem to be
large enough to accommodate larger homes. These houses may have a footprint of 5,000 but
may have a total square footage of 10,000 square feet because of a second floor.
Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table
2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with
the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones.
C/Ruzicka asked if this amendment would address the problem with respect to the gas station at
Pathfinder Road adjacent to Diamond Bar High School.
AssocP/Lungu stated that the old code under which the project was processed addressed the issue
and allowed the use in the zone with a discretionary use permit. The current code does not
address that issue at all.
DCM/DeStefano stated that the code addresses the issue in the sense that no alcohol sales for off
site consumption are permitted within 150 feet of any school. Therefore, that particular location
will not be able to receive a permit for the sale of alcohol unless the Development Code is
amended accordingly. The project came before the Planning Commission because of the
combination of uses proposed under the old development code. The project was ultimately
denied. As a result of the denial, the Planning Commission and the City Council began to
consider numerical distances from schools and certain other land uses. Staff conducted a detail
study on the matter and ultimately, the Planning Commission recommended that the City Council
adopt the 150 feet.
Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section
22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in
conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3
Zones.
Article III
Required Setbacks -Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the
three-foot rear and side yard setback to five feet for swimming pools and similar accessory
structures.
Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main
residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit; and to amend
overall parcel coverage to 30 percent. - -
C/McManus asked if the amendment should say "whichever is the lesser of the two."
DECEMBER 14,1999 PAGE 4 PLANNING COMMISSION
Chair/Tye agreed that the wording should encompass the City's objective.
AssocP/Lungu said she believes the City's objective is to preserve the integrity of a single family
residential zone and not be creating another house on a lot.
Chair/Tye stated that the way the amendment reads, a home of 22,000 square feet could add a
guest home of 5,000 square feet. Therefore, the wording should be changed to reflect the intent.
DCNMeStefano stated that if the Commission feels that a guest house of 2500 square feet for a
home of 10,000 is too large, staff can study this matter further to determine what other
jurisdictions are doing for the larger estate properties as well as, other large properties in this
community. There may be different answers for different zones.
The Commission asked staff to consider this matter further in order to restrict the potential size
of the structure.
Significant Ecological Area, add Section 22.22.160, to discuss development within a
Significant Ecological Area.
AssocP/Lungu suggested that this matter be discussed at the January 11, 2000 meeting.
Article IV
Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to
Comprehensive Sign Program.
Article V
Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to
exceed 500 square feet if the exterior limits of the new construction do not exceed the
applicable height or encroach further into the setbacks than the comparable portions of the
existing structure.
C/Ruzicka voiced concern that these smaller encroachments could be injurious to the neighbors.
AssocP/Lungu stated that if there is a concern about the proposed project, the Hearing Officer
can refer the project to the Planning Commission for public hearing.
DCM/DeStefano indicated that the Planning Commission may wish to further define staff's
guidelines and/or limit its discretion.
VC/Nelson asked if a provision exists to notify neighbors prior to the Administrative Review
process.
AssocP/Lungu explained that if the proposed project is within the parameters of staff's approval,
the neighbors are not notified.
DECEMBER 14,1999 PAGE 5 PLANNING COMMISSION
VC/Nelson suggested the Commission consider requiring public notification for all projects.
DCM/DeStefano pointed out that such notification creates opportunities for further confusion
and personal vendettas. In addition, the City's legal counsel has found such notification to not be
supportable.
VC/Nelson said he sees little difference in public notification for the neighbors adjacent to the
Evangelical Free Church who may be bothered by light and other conditions, for instance, -and for
neighbors adjacent to single family residences who may endounter the same conditions.
AssocP/Lungu pointed out that the code now contains guideline regarding lighting which the
code did not previously contain.
Chair/Tye said that as a resident, he would want to know about possible construction of a lighted
basketball court or tennis court next door to his property.
DCM/DeStefano reiterated that if the Commission would like to include a provision that under
certain circumstances, that notice is given or that a hearing be conducted, that can be
accomplished.
C/Ruzicka said that the current staff has a sense of judgement about these issues. However, in
future years, that may not hold true and he believes that there ought to be language within the
Development Code that will assist not only current staff, but future staff as to what is appropriate
for the situation in order to safeguard the City's neighborhoods. He stated that when residents
improve their own family's style of living it is possible to infringe upon neighbors. There ought
to be safeguards built into the code to insure that these kinds of things do not occur. He cited
examples of projects that have occurred in his neighborhood: 20 houses down from his a
neighbor wanted to nearly double the size of his house; 10 doors down on the opposite site of the
street a health facility was established and his next door neighbor built an addition onto his house
that infringed upon the privacy of his backyard. Staff needs to have questions directed toward
the applicant that asks if the applicant has considered how their project will affect their
neighbors.
C/McManus asked whether verbiage is included that guarantees the peaceful enjoyment of ones
home to the extent that neighbors will not impinge upon that enjoyment with view, air, light, and
noise pollution.
DCM/DeStefano responded that there is language to that effect in different parts of the code.
The language may not be specific enough because it winds up being a judgement call on the part
of the person reviewing the project.
VC/Nelson proposed that staff conduct a defined compatibility analysis. If the project is
determined to exceed the threshold, then notification is appropriate.
DECEMBER 14,1999 PAGE 6 PLANNING COMMISSION
DCM/DeStefano stated that "the threshold" is the part that is missing. In lieu of a defined
threshold, the threshold becomes the judgement of the staff which will change from time to time
as people change and philosophies change.
C/Ruzicka said he believes that as long as the code is being amended, language should be
inserted to further assist staff.
AssocP/Lungu confirmed that the intent of the proposed amendment is to eliminate the Minor
Conditional Use Permit for residential areas under certain circumstances. The amendment may
need to be reworded in order to make it clearer. -
Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend
the following Articles of the Subdivision Ordinance:
Article 1
Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall
follow the same process as a Development Code Amendment.
Article II
Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to
allow proposed changes to a Tentative Map or conditions of approval to be reviewed and
approved by the City Engineer, except as otherwise provided by this Section.
PROPERTY ADDRESS: Citywide
APPLICANT: City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
Chair/Tye opened the public heating.
There was no one present who wished to speak on this matter.
C/Ruzicka moved, C/McManus seconded, to continue the public hearing for Development Code
Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 to January 11, 2000. Motion
carried 5-0 by Roll Call vote.
Chair/Tye continued the public hearing to January 11, 2000.
C/Ruzicka voiced concern about the appearance of Hollywood Video.
DECEMBER 14,1999 PAGE 7 PLANNING COMMISSION
DCM/DeStefano responded that staff has looked at the Hollywood Video situation and believes that they
are missing a golden opportunity to adequately market themselves. Therefore, staff has developed a plan
that suggests rotating the video display cases.
PLANNING COMMISSION COMMENTS:
C/Ruzicka thanked Nancy Whitehouse and other staff members for the wonderful Christmas party.
VC/Nelson wished everyone a happy holiday.
Chair/Tye asked why Togo's has a sign but there is no facility. He stated that at that Starbucks/Hollywood
Video location at Grand Avenue and Diamond Bar Boulevard, it is a challenge to get an average sized vehicle
into a parking spot.
DCM/DeStefano responded that Togo's shares the same sign contractor with other merchants in the center.
Hollywood Video has a separate sign vendor. Togo's is still faced with the challenge of obtaining rights to
additional parking spaces. With respect to parking, this was one of the last projects approved under the old code
which permitted up to 30 or 40 percent compact parking. The old code had a standard sized parking space at 8
feet by 18 feet. The new code does not permit compact parking except within the Gateway Corporate Center
and the standard sized spaces have grown to 9 feet by 19 feet.
DCM/DeStefano explained to Chair/Tye how staff is responsible for monitoring projects with respect to
conditions imposed by the Planning Commission.
INFORMATIONAL ITEMS:
10.1 Public Hearing Dates for Future Projects - as listed within the packet.
DCM/DeStefano stated that the City has hired a second compliance officer who will be introduced to the
Planning Commission in the early part of 2000. He is an experienced code enforcement officer who will work
for the City on a part time basis. McDonald's and Chevron on Golden Springs Drive are now open for business.
DCM/DeStefano thanked DSA/Joe and other staff members for their work on this project. He called attention
to a report given to the City Council on December 7, 1999, regarding the potential for annexing a number of
areas on the west side of Diamond Bar.
VC/Nelson asked about pending offers to purchase the Boy Scout property.
DCM/DeStefano indicated that he is not personally aware of facts surrounding potential pending offers from the
City of Industry or the Santa Monica Mountains Conservancy to purchase the Boy Scout's property.
DCM/DeStefano reported that the Four Comers Transportation Group's Executive Board approved the overall
strategy that was recently presented to the Planning Commission. An executive of the Boy Scouts organization
who was in attendance at that meeting indicated that the Boy Scouts organization is looking to relocate the camp
facility from the valley floor to an area that is in the southeast corner of the vacant property.
DECEMBER 14,1999 PAGE 8 PLANNING COMMISSION
SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT:
C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come
before the Planning Commission, Chair/Tye adjourned the meeting at 9:10 p.m. to Tuesday, January 11, 2000.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Steve Tye
Chairman
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor O'Connor and Councilmember Herrera
FROM: Linda G. Magnuson, Finance Director P\ -
SUBJECT: Voucher Register, February 1, 2000
DATE: January 26, 2000
Attached is the Voucher Register dated February 1, 2000. 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.
ClTY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated Feb~ua�y 017 2000 have been
reviewed, approved, and recommended for wayment. Payments are
hereby allowed from the following funds thess amounts
FUND
DESCMpTION
PREPAID
;OUCHERS
TOTAL
0C1
GENERAL FUND
2O9,Z�7.70
493,814.05
703 021.75
010
Ry -F- LE., '
W.
143'39
`I43.39
112
PR�P A - TRANSIT FUNL^
.0�
71,262.02
71,262.02
115
INTEGRATED 14ASTE PGT FUND
.00
3,�97.50
3,297.50
11S
AIR GQrY IPpR FD lqBa,766.
.00
741.57
13,741.57
126
CITIIAV!S OPT -PUBLIC SFTY
407.81
.00
407.81
139
LLAD ��9 FUND
.�0
�,1S0.34
9,496.26
4,130.34
141
LA. PS 541 FU�D
.00
2,213.30
2,213.30
250
CAPITA� I�P��V.'F�OJ FU��
.00
1,46�,3�9.85 1,469,309.85
5z0
SELF INSURA�C� FU�D
2,390'O(f
.0tj
2,390.00
Fzra�ce Direc�or
2�2,0�5.51 2,067,408.28 2,279,413.79
wa/or
-
i�' �o�ncilmsmber
=
CITY O:
RUti DATE 16:04:27
VOUCHER REGISTER
PAGE: I
DUE THRU. 02.jr01i200 t
PREPAID
cE t �„ errT_F, }� { �T r
UND/SECT-:CIS.: R_jELt-ACCT
�' #
Itr'4CtICE PE CRIPTIDt� Al'iGUl�T DATE CHECK
A-1 EQUIPMENT -t,C TALE
C.0_ '1 r54--
vc%I"
j4
..;ii��J.. :.._ Wil.
TrPA pR=PAjDc
TOT• r' VF,`
- i
TCT -
-JC
�_-
.^.T
ill
,UTA''_ C:.:..%..
-
--T uii� i _'r.:";L`;
I _C ,,•'li,
`___.
_. .,___•--
ii.,n� ice_
•v}�'
r,T-.
52.
ol
7f�Tfgl -HEC
27
T -ar
—_
ri
`
=+5•Cf_.
�
72
TOTAL _REc
PA
}ft
TGTA'- VOUr-H,EPS
TOY DUE YEINTOR
T' -{
--=C--`_rI
t s1= .l 1_
.n _'i__
Jnu.t C^ Jltt[iF_r,frfi4C(-C;j
f_7Cp'`'tC
.� T
pni,,itft
TOTCS,_ :, ,: 1. �.r-
r,,
RUN DATE: 16:04,27
FUND/��T'ACCT PROJEC 'ACCT
mERRlBE 8OST
Csl'34780—
MICHAEL 8RANDMAN ASSOCIATES }LIC
0O1'��10—
C�TY OF BREA
oV�5350-41��—
��i�ORNIA ��IA
T\ OF DlAM�%� �r
PAGE: 2
'-UE THR-j:
PREF�ID
PD #
INVOICE
A mil C,�� DATE CHECK
3�725 RECREA�lDm E�UN�
45.00
TOTAL PREPAlDS
,O0
TOTAL o8UCHERS
45.0�
TOT,L DI;E �EmDOR
45.O0
'
ll»9'4247 PPQF.S��5 �P� Y3-O0�
l,668.li
�OTAL Fs�PA�DS
.00
TOT�� :D�CHER5
l,668.11
TDTAL DUE VENDOR
�,668.11
3645Q0W�l RE� SVCE - D�C Y9
43,911.99
TOT�L PREPAl�S
.00
TOTAL Oil! -HERE
43`911.99
TOTAL DUE VENDOR
43,911.99
95�3
p0239903 SUpP�IES-REC SOFTBALL
748.97
p447
n025 2296 lfib�%TfLL BQ'TFiNTEKA
1,05.C4
TOTAL PREPAIDS
.00
TOTAL YOUC�ERS
1,824.01
TOlIL DUE VE%COR
1.S24.0l
PROPBTY INS PREmlUM'200V
2,3-9�.O0 01210112 00 35695
�OTAL PREPAlDS
2`3Y0.VV
TOTAL VOUCHEPS
.00
TOTAL 0UE VENDUR
2,390.V0
9132
49-575/77/67 PROF SVC -TREE WTRlNG'DE[
1.533.52
913�
49 575/77/67 PROF &;Z- PED, CNTRL'DEC
4,525.08
8962
049'52I RO,L MAlNT'1L/14'\�/27
6,63L.51
S964
S49-522 RG�T �F WA�-ll/�4'1�/27
1190.O6
9l3Z
-5 7F
PRJF SVC -BU-- SHO;.'DEC
4O0.00
89�3
O49-5�� ING 1 SCNlN3'11/14-27
557.010
TOTAL PIR L AlDS
.00
�OTAL vOUC�ERS
14.237.17
T
4,837.17
34Y44 REC�E�T�ON R�FUNU
189.00
7, -
JO
TOT4� VOUC��F.�
1O9.00
rO�n- 0E
00
CIT� OF DIAM2ND ��
RUN DATE' 01/2b/D)0) 16�V4�27
VOUCHER ��ISTER
PAGE.
3
PREPAlD
FUND/S[CT-ACCT-PR3JECT-ACCT
PO #
lNVDlCE DESCRIPTIQN A��NT
DATE CKECK
ClNTAG CORPORATIDN
001551O -4213O--
9539
�5�268132 UNFR� RNT�-W/1/17-PWKS
13'5O
V('1531O'4213O
9036
150l6�8V8/32 CNF�� --NT0PWi .S
19.52
VV\5310'4213O-
9036
15O266808/32 UNFRV0PWKs-
l9,5�
VV�551V'4213O
9538
1502668V8 UNFRM ��L'WK1/10/0OPWKS
8.50
TOTAL PREPAIDS
.08
T�T�L YOUCHERS
61.04
TOTAL UU� VEN�OR
6l.04
oO1531C-4233V-
RMDT8L DlSCSS*-REC G�PL,S
36.00
02."'01 "2000
85�82
TD�AL "i ZZ
36.0O
TOTAL VD���E�S
.O0
TOTAL -UE VENDOR
36.00
CI�Y OF MONTEREY PAnK
�V1435�'42325-
CS, MTG-MAG�JSN/THARAMI
50.00
02/0\/200O
'3570'
TOTAL PREpATDS
50.O0
TOTAL VOUCHERS
.00
TOTAL DUE YENDOR
510,.0O
CITY OF SAN .0AN CAPISTeANO
0O153�O-42325--
REDSTRTN-K rDS 1/18/00
8.00
O2/01/2000
35685
TOTAL PREPAIDS
8.00
TOTAL YOUCKERS
.00
TOTAL DUE VENDOR
O.00
COFFESMITH CO�PANY
Oo\4V9v
WT- COOLR LEASE -JAN OO
17.95
C014o9V 42325
8G7�
���2/�57� SCPPLIES - COFFEE -JAN
39.9O
�OTAL PREP&IDS
.O0
TOT�L �2�[*ERS
57.85
TDTA� DUE VENDOR
57.85
25|55\�'46411 1�1f�'�6411
C7765
3342f� P�DF S�C�-�E�DWGL� lMPR; 1.507.5O
7Or�L PR[PA�3S
.0O
T0AL VUU���RS 1.5O7.50
T�TA�l,5O7'50
���5310'42330-
CPnS �0N� CF��S 4/15/O3
12O.O0
V�15S1V'�2�30
P�K � REC W�5�P'CREWS 3/4
1O5.00
TDTAL PREPAl�S
.O0
TOTAL V��CHERS
225.00
TOTAL DUE VFNDO8
225.O0
�C:FU
o01405�'423JO''
REGOTRTN-MAGN' S�m 2/26'2p
225.00
O2/O�/2O0O
35697
TOTAL ZPAlDS
225.00
TOTAL VO'-CHERS
TOTAL DU[ YENDDK
225.VO
RUN DATE: C1/26;2000 16:04:27
V0L,7-':-R RLGl"TF
PAOE: 4
DUE THRU'
PREPAID
FUN0/SEC 'ACCT'PRUJECT'ACCT
PO #
INVOICE
AMOUNT DATE
CHECK
D&J ENG! NEER! NG
0015220'45201
9014
99DG-13 6LD0�S;7; SV[ 11/22'12/l7
28.366.55 02/O1/2UU0
35684
0O1522O'45201'-
9'j14
OODB-SPCL-01 PROF SYCS'SpCL INSPECTION
0015220-45201-
YV14
20V040\ BLDS&SFTY SVCS'12/20-1/14
29.398.15
TOTAL P8EPAlDS
28.366.55
TOTAL VOUCHERS
31978.05
TOTAL DUE VENDOR
5Y.J44SO,
OBJA CARE PMI
'
OW'21104''
JAN JA%'DENTAL PREMIMS
332.79 02/0l/2000
35701
TOTAL PREPAI9S
332.79
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
K2.79
DELTA DENTAL
001'21104 '
JAN JAN DENTA- PF.EMlUMS
1.781.O0 V2/O1/2000
35702
TOTAL PREPAlDS
1,781.8O
TMAL VOUCHEKS
.00
7370 DUE '100
PRO! DENNIS
O01�8O 44O00'
92��
�C1213 PROF SVCS - LANTERMAN
70.00
5210 44OOO'
926O
PROF SVC -PLN CMM MTGS
210.00
«0z4V4o 44O00-
926O
DBCC0104 PROF SVC-CC/RD4 �TG 1/V4
1012. 00
TDTAL PREPAIDS
.00
TOTAL VOUCHERS
38O.O0
TOTAL DU[ VE20K
380.00
DEuAN L05I% & ASSMATES
2105 n-41411- 2195-46411
DEE 9Y
11'.��.00
TOTAL ;WpAMS
.00
TDrAL
TOTAL DUE WOR
10.928,00
0028.00
RUN DATE: 01/2?_,;20(10 16:04:2-7
`:CUCHER REGISTER'
P4C_
DL!-- THRU: 02r[_'l /_)r!0
PREPAH!
r;iparl;cFrT_ArrT-c^n ICCT Ar`T
on #tN.!Clr:
r!CCZC.FT.GTT'_7N
""CU",`?
ri E!"ECy,
I IAt O I' BAR IMPROVEMENT AH50CIATION.i'
' iGlr-dyl --
t:; - rC _ N n
iut rL_
.;71_
TOTA".-
VOUCHERS
0C'
TOTAL
DUE VENDOR
1,
_ . • U ='
it;i-._._.--
;_P
!nAti-!-E� IC F.!':-1il1 ,
:-1... il� '!i r -
1 :1 !h•.
Yi
G� ROI `99
Tr'AtdFE, TC A-ll/ 1,
r,:f._ ))1I
` , ` G<,:'il- '.
tDA11r-1
25,,'516.
4-
-1
IT.42
Ll PHO
?j TI'n{'i T1T^
- LL
77 1L
ri' T A
!UE 4'ENDOP
"' S
(IfI SPP-;C_n i(,__
Ir'71l
Cli' _pn C:Gi; Ip C N
. r'L : ! H. FL., `F:I TER.
C'� .41C
CLTA.:
. !
, OO
TOL
T'�
V I'7 'ER7
,4q
'Tn
'J EFdOF;
7.40
t�T! i
- 1, 4.', _ 4_12_--
_ �_
`-��__. _ Mr<.. �VIC-i!:'F l,u Nt%r=
h,
4i UC
.f0
Tr
NLD'' RIE FRO"'.-1i
_ .<1,..: rr.t... �� < it ,t_r t..:
00
T TAL
V JG7ER5
23,.''
.61
TOTNL
DUE VE"JIGIIR.
2;,941.61
O:I-347 ,C)--
r-cCREA-ION REFUND
54.00
T T n,FRU
I DE
TOTAL
V01.1C R
54.00
O rAL
L:LE , cPdi O�.
5 4.:.(.
_IE E'!At'iI
r.r;En TT RIF
RE'n�r:,Obi t,crlJb;D
7" : f:
1,V.J:'
FECREAT•r?ntgF'!hIs''
„ : �.,.
1T�.,1
TCT!-I�
PF,c!'itii L:I
,ilii
-roTAl
. �_,_LER�;
3411.00
Cl-! CF �lAMON2 ��
RUN DATE. 011`26/2000 116;04:27
PAGD 6
D": THRU� 22 A,
PREPAII,
FUND/SECT-'�JECT
#
�0�� 3ATE��T�CHECK
E'X HLP�IN6CD��Y
2505510'46412'145YY'464L2
9273
3
PROF SVC-GL[h S�RN�S DEC
25055lO-46
DN SPGS/LE:
6O7.O1�,64
25O5510-46411 13298'4641
LN-F.T
303.896.4C
2505510 -464l2 -l4499 -4b412
9I78
3
PROF SVC'LE��N IMPRV DEC
2�,12Y.00
25V55\0-46411 �3193'4641L
9278
2
ST REHAB/M�D��N l�PRy PRJ
325,3�9.44
TOTAL
�RE`AlDS
.O0
'
TOTAL
VOUC���5
�,2O9.285,48
TO�AL
-UE VEND�9
289,2B5.48
F[�ERAL �XPRESS
0V14o9O 42120-'
7'821
3407: EXPREES RAi
29.5o
TJTA'
DS
.00
T D T
CHEB�
29.50
TDTAL
HE VENUDR
29.50
KARE% FENSTER�AKER
V015J5O'45300-'
TRWNT7 SES RI
CL�SS lNSIRC-
72.0O
TOTAL
pREPAIDS
.00
TOT��
VOUCH[RS
72.O0
T[�AL
DUE VEN�OR
72.08
��E�ZELLA FLETCHER
0Vl-3478�
J5�7�
REC9EATID� REFVK�
22.25
TOTAL
PR�nAlDS
.00
TDr�L
VOUC�ER3
22.25
TOTAL
DUE VENDO,
22.25
FL��ERS A�E US
O��4V9V 4�3Y5'
92�1
32pl
FLRL APR NGMTS-CNCL MTG
44.38
TOrAL
pREPAlDS
.*)
TOTL�
VOUCHERS
44.3D
TOTAL
DUE VE�3OR
44.38
FC�� �'STEMS 7mC.
MT�
`nrAL
p��«�DS
.0V
VOUCH�9�
TCT�L
DUE D3R
14.40
�U0�~l-� �PAeSl- �OwE
4,54".A�
l'04O.4i
r[�A'
pp-Al�
v��/6eS
5,58O.41
����i��'���:lx� �VY� ��
4SJ.L3
TD7.-
J.13
FUND/SEC T-ACCT'PRD,!ECT`ACCT
hARTHA GALELLI
STEVE C,�I�
�U1'3478�'
���LMB�����I�
OLEmDORA ��O TECH
�� ��IFDRHIA
001��1-42125—
CITY OF DIAMOND B�
��M�RBl�L
�E T H R Ul 2/O1/Z�oO
PD # lNVOlCE CESCRIPTION
3497O RECRE4TION REFUxL;
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DU[ VEuDOR
' ��io R[CR�ATlOm REFUN[
��L: 1fl-�
T�HL����
TOrAL DU[ �EwDOR
WFLSHp'K CREWE 2/7/00
TOTAL PREPAIDS
TOTAL VObCHERS
TDTAL DUE VENDOR
4l178 REPAIR SVCS RADAR TRAl�OR
TOTAL PREFAlDS
TOTAL VOUCHERS
TOTAL DUE VEN0OR
9OY8�1922� CS -YC YPKP�SVSC�
Y�986V54�3 PH.5VCS'CITY 04 LINE
9oY8oV8951 PH.SVCS-SyC CYN PK
»�98�1�82V PH.SVC�'LIBRARY PROJ
9O939�5W3O PH.SVCS-HRT� C[�M CTR
TDTAL F�EPAIG�
TDTA� vJ��;ERS
l�TA� DUE .EN�OF
TC-��
rOT�� ��E vEN�OR
87Y� ���.S«C�'9YORULOG� RVW
Y328 8o��4 PR[� ���-W�� I�SPCTN
397Y7 PR]F SvC�' Em 9«-259
933� �EC';J pR[F.S:CS'N�LL lN�P[CTION
��4 �«7v9 PR3F SVCS-4�� PLAN ��Cy
�97"l p��F.SVCS EH Y8 20�
932v 3»8O08 PR3F S�CS'W�-L INSrECT�ON
TOTAL PREpAIDS
TOTA� VOUCL�EPS
TGTAL DUE VEnDOR
PAH: 7
PREPAID
DATE CHIECK
4 Ul
43.N)
4',-.'`�
..Y)
:�.Wz
4U.�
140.O002/ 1/2OOo ��17
14 D. V, UD
'`-
\40.00
407.81 02/ 1/2V0V 35703
407 .9, 1
...
4 0V.81
88.�
1�.90
�.7 8�
1 .W,
32.47
'fj C)
48S.21
...
��.7-'
.r9
1Z,.50
63.75
127.50
41O.0O
2.103.7�
2,108.75
ClTY
DATE� C1��/20O0 16:04:27
VOUCHER REOlSTER
PAS5� 8
DE T H Rd, 2 10 /2
PREPAID
FUND/SECT'ACCT-P9OJECT-ACCT
PO # lWnICE DBCRlPTION AMOUNT
DATE CHECK
HIGHPOINT,lNC
O0L4O95^4211\
8927 67O90 PREPRESS SVCS-BUq CROS
21.65
TOTAL PREPAlDS
.VV
TOTAL V00'.*HR.S
21.611
TOTAL DUE VENDOR
21.65
HOME BASE
O01531V-4L20V -
' SU�FLlES'PAR�S pPERATI0m
25.Y5
T0TAL �REPAlDS
.VV
TOTAL VOU��RS
25.�5
TDT�� DC[ V8�OR
25.Y5
717-
IE70-
7
34764 REC�EATl0� R�FUN�
55.0V
�OT�L PSEPAIDS
.O0
T0A^ VOUCH[R�
55.00
70AL DUE �EmDDR
55.0o
TCT4� PREP�lGS
.00
7f-,TAL Y�U[�ERS
4`632.50
T�T�L DUE �[�DOR
4.632.5O
qYA7 KEG[NCY
���4o33-4233V'
LEAG/C� ��-C�� 2/2'4
352.34 O2/0l/2O0O
3570,C'
T�T�LFREPA�DS
��.34
TOT
8
T0�^ DUE VE�DDR
352.34
O�'�'�����—
PP25/26-JAN JA� C�QRI5 �� �PTS
11.93\.66 02/01��00
356OY
�3�-����—
PP25/2�-�AN �� CO�TRACT COmTRlB
4VO.O0 O2/01/�N0
35689
PTIDWS
1.G92.C� O2/O1/200V
35b8Y
Tn-lp�
TOT�L VD�CHEKS
.vv
TGTAL �� vEm0]R
223.�6
�� COMP 4Vl�A)'PP25��
i.�2.3V V2/O�/2000
35682
T��
zrP��SSl'`'E SC��E��G�KS
SHlR�
TOT�� p��PAIDS
�»
TOTAL N]UCH��
4.5O8.Y4
CITY OF DIAMONL Ea;
RUN DATE: 01/26/2000 16:04:27
VOUCHER F;EGIS_E °
PEE: `.y
DUE TEE U N ! "M
PREPAID
FUh;'}3SECT—ACCT—F'F;CIOC?—ACCT r:, #
t a.O:Ct DESL:: ..OI„
AMIOUNT DUE _
ECK
INLAND VALLEY DAIL1;:,ILLETIr.;.
0 1-2,0io--
4F.,!) _._ 'LEGAL AI — FP:. 99-4-'
99A5
TDT.. MAIDS
DT)
TOTAL VOIIJI!-HEF�
99.45
TOTAL DUE VENDOR
9%45
CMF RERE MR0501M.
455.0".
TOTAL FF_rAMS
.:}[_}
TOTAL VOIL;'HERE
`'5.0;;
TOTAL 2uE • ENZOR
W5 ll,,
ih;FF.Nr i0Ne-.'L rn,O: LL:T_.E ;NL
0-014411-45410—
1::`_ 0`_ CF E RJARD RX—DEC 99
4 {!lin.
TOTALier,U TRE
4 .!11.c':
TOTAL !JU,Z .E:NL R
4 i'11.__
CARNIVAL TTL _M Frit: M
11 700. ..-.00 02/01/2000
3589:;
ML FF_'A1_G
11,M0.0o
TOTAL
- -__
FETUT . L _ r. . .a _ LIT_
5t:, _!"t
74L PROM
.00
L AL LL.
50 X0
TOTAL
60 , ( }(}
70TR DUE VENDOP
6100
_ _7.1NE.RS; !TE;."Nf T!P.NA LLE
OD i__
.
TRP DE f.!- I LHAIER r�:p:_�_W
1CID O
TOTAL PREPAID'
1
T( 7A/ YC'J�HF.P._
10.0.00,
TOTAL DUE k,,EN ^R
100. X)
LEAKS TV CA 2:70
_. NiTF_.
JJ. �_ 0 00002000
3569?
{
ERC C0 N ST . JR
70.0 I 11�
35715
27A .._--.LE
__._-
ZDY OF DIAMOND BAR
RUN DATE: O1/26/2O00 16:04:27
VOUCHER REMSTEp
PAGE; 1O
DUPE T141'710:
PREPAID
FUND /SECT 'ACC 'PROJECT -ACCT
PO #
INY' 0 1 C! DEKRlPTlGN
AMCUNT OATE CHECK
ANASTASIA LE[
0O1 -3478V'
�5�73 RECR7-ATlOm REFUND
2205
TOTAL FREPAI3S
.00
TOTAL
22.25
TOTAL DUE ANDDR
2205
LEqm
OO153lv'4233O-'
'
LER- CVNF C-REWS 3/16-17
495.00 O2/01/2oO0 35�t8
TO�AL FREPAl3S
495.0O
TQTA_ VOJ! HEkC
.Vi
TOTAL DUE VENMR
4530
LEWIS EN@_-!.AVlNG lNC
0Ol4090-42�13'
90ff_
2EmGRVm� SVC5 TlLE3
l7.32
TOTAL PREPAIDS
.00
TOTE! V02NEG
17.32
TOTAL DW[ VENDOK
17.32
�-OS umGELES CDUmTY MTA
112553� 45533'
9�84
1/�3/0� TRANSlT SU8SlDY ^
353.2O
11255�3'455J5'-
9584
i3/OO MTA PASSES 1/00
557.8O
TOTAL P�E=A[Dfz
.00
TDrAL VMCHERS
911.0O
071. DUE VENCOR
911.OO
��� A�EELES C���TY Pb6LIC W[��S
OO�551�'455V7'
8977
AH0V2614 TRFFC SGNL MAlNT-NOV 99
5.297.19
00155\O-45530
9324
AR002525 lNDGTRL WST SVCS -NON 99
612.91
TOTAL PREPAlDS
.VO
TOTAL VOCChERS
5.910.10
TOTAL DdE o[ND[R
5,YS.1O
��G ��GELES CO�NTY 6e�RIFF'S DEPT
O��441i 454O1'-
22907 CONTRACT SCE ' DEG 99
TTA_ PREPAlDS
320.680.84
TOTAL V3UN[R'_
TO7AL Ell ZNCOR
.00
320.6VO.84
32O,NO. 84
ATKNAL
��14o9O 42�1O'
887�
1o24K PPm-IN8 CRUS
55.N
MEL PKEFAOZ,
out
TOTAL VOUCHERS
55 NO
TOTAL IN ANDIR
55.O0
�'�C� STREET TOUeS IkC
O�1535V-4531V—
f3S�
��1G S6 E�CRSN'KA�ID CITY HLL
|,659.0O
11lT2j-x5310—
:5411 CxR57MS ExERSN-l2/1CI9
490.00
Ty p, PREPADS
T74 ��—CHERS
.00
2.l49.00
KUL DE VP0OR
2`149.O0
-.1, OU DIAMOND ;aR
RUN GATE: 01/26)"2000 16:84:2?t-0JCHE
, ! R C S TEF'
RE I
PAGE: II
!lUE THRUI: 02"),111/2,000
PREPAID
FUND;SECT-ACCT-FROJECT-ACCT
F'O #
INVOICE E�CRIF'TiON
AMOUNT DATE
CHECK
JOE MCMANUS
ni:151i}-44 -
06
Ti CTA; : EPA DS
R�+nom I'J'.0 ISI]
TGTAVOJ"-'HER'.
TOTAL DUE '. 'II!!JR
60,,1rj
M D L INi::
112 5 51 5 '-- 4 5 3
TRANSIT
=
fI!; FA;55-i;i
31,"`if
TOTAL PREP ICE
.nn
TOTAL VOUCHERS;
TOTAL DUE VENDOR
MTCROAGE COMPUTERMART DIAMMC DAR
COMP EC - TAPE "Ck'Uo rjF'u
L
TOTAL PF°EF'A:DIS
,i;i,
TOTAL VOUCHERS
TOTAL DIT VENDOR
�2?
ri*_Ar! F PC—� :ATTnr,!
0`1C.1t-4
..a__ .«__
a-.rt
fiPAEDT
-REP! .-FcF'A',EMEt;
- ,
�
cc ._-
y.{lf)
ee
Tf1TA` F'FwAID.7
T!`TA VC j C. H R--
f�'= ---
F'LNNF'S ,SN,JR
40!.60 0210112000
:15716
- LEF' t!IL
c
T�Tt_ 1:U= ,v:CNDEL^,
4(1,_, 6
-p.nl:_ REPE""
.'ic `pc
. -'H '-.ter:iidL;p
.,..
.�N
R I,
,t.,i??, rl�.i!' .ijrlrl
'
T_ f __
T Ll
A I .
[ R. TF.'A"'"ER-!-'F'U
'4 4 _ .. r i ; ; I } r n
0 � .j.. i r. W / 21100
FFu `
-' i
,CTRM
L vU_!CHERS
Of
TDTiL D!!r ,"KiUOR
;4,411!1.+.!!;
ES6ER PRlNTu5RKS INC
0l�0Y�'42z0— YV^0 S�pPLlT lONER ENvL
TOTAL
EN
DUE VDOR
V��535o'44JOO'' �245� T[MP SV�'C/S»CS 12/29-3j
00l520-41V0O- TEMP I PNN 12/2-3
TIT"L PREpA�DS
TOTAL vOUCHERS
TDTAL DUE VENDOR
PAG[: 12
PREPAID
AMOUNT DATE CHE C K
58.5 7
.ou
5 b..57
58.�
51.98 Ci c! 11 5�2
1O`676.14 02/01/2000 35692
lo,728.12
�0.%0.�2
5�.A.9 101��O
4,�*.13 O2/01/�*V 35693
2.671.84 0210 1/2000 35693
3�.27 O2/01/�mV 35693
7.947.93
.VV
1,947.93
yV.0o
.V0
YO.00
36Y.9O
.00
3o9.90
�.�
152.\3
152.13
...
50.�
CiTY OF DIAMOND E�,
RUN DATE: 0/26/2000 16:04:27
VOUCHER RESlSTEP
DUE THRU' 02/01/�N0
FUND/SECT-ACCT-PROJECT-ACCT PD #
INVOICE DESCRIPTION
PBNTAMATION ENTERPRISES INC
0014090-42125--
12-120800 DATA LINE CHRGS-DEC 99
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PERS HEALTH
00i4V9O'4O��' '
JANi ADMIN FEE
701
JAN J�N-HEALTH INS PREMS
TOTAL PREPAIDS
TOTAL YOCCE�RS
TOTAL DUE VEmDOK
P[RS RETIREMENT FUND
0O1'2\N9—
PP2� MlLITAR1 BU, BACK
RETIRE CDN RID - EE
0O1'2i1V9-
��� RETIRE CONTRlB ER
�01 2�109 '
PP26 SURYlVOR 5ENEFIT
7OT4L PREPAIDS
TD --AL VOUC�ERS
TOTAL UUE VENDOR
K��UNA PHANSU�ON
0OL'347Co
34911 RECREAT70N REF!imD
TOTAL PREPAlDS
TOT AL VO�CHERS
TOTAL DUE VENCOR
pITsEY BO�E� lNC
A��4V9� 4��3o 9V00
381Z 1A0� EQ RE4,!T4L^JAN O0
TO�AL PREPA��S
TOTAL VD! 1 HEKS
T�r�� DuE VENDOR
0h1���3'��1O' vO44
��1340 ALRM ��'��lTC l/VO-3/OO
�L�: to'.SYC'S�C PL 100'3/OO
P�pAlDS
TOTAL
TO�A� DUE VE%DOR
ES6ER PRlNTu5RKS INC
0l�0Y�'42z0— YV^0 S�pPLlT lONER ENvL
TOTAL
EN
DUE VDOR
V��535o'44JOO'' �245� T[MP SV�'C/S»CS 12/29-3j
00l520-41V0O- TEMP I PNN 12/2-3
TIT"L PREpA�DS
TOTAL vOUCHERS
TDTAL DUE VENDOR
PAG[: 12
PREPAID
AMOUNT DATE CHE C K
58.5 7
.ou
5 b..57
58.�
51.98 Ci c! 11 5�2
1O`676.14 02/01/2000 35692
lo,728.12
�0.%0.�2
5�.A.9 101��O
4,�*.13 O2/01/�*V 35693
2.671.84 0210 1/2000 35693
3�.27 O2/01/�mV 35693
7.947.93
.VV
1,947.93
yV.0o
.V0
YO.00
36Y.9O
.00
3o9.90
�.�
152.\3
152.13
...
50.�
'iTY OF iAMOND RAR
RUN LATE` 16:04:2?
VOUCHER REO;'STG-_
FAGS:
DUE THRU:
PREPA' I U,
F_R D,!S_.C7- Af�'rLT:_z,Rv, :JUT_AMvT:
#
NV"OTrE .AMOUNT
DATE
CHECK
F"E R`JE'E
OrIF-2:50-42354—
LLCi.iL:l
f
T-1 ^Ur�.rp�.
--:1 -
4
. C'GCnV GV 17._...n
_�. 1iZj _--
F'L.., r;.i. .,t ,nT^.-1' n
�-•.)a
Tr;'.i=1A
TOT A- ;'0U HE =
60.
M'• RRA. C: P.; '. ;.;
4'.G.,
_TAS=.F_EPH.
i}n
T.;'L --- ,'EN U-,
40.('
cr.M;i; mmz,t
--
EP-1 ,_ :
;
77 0 C56;7
;1,-2
rZ�'.r-1,;.
L. _.77
iz
SIL.. 4
•,
15,x'O n/;,1/2'00 C''
:5714
_ J
14;v. Lr.
._i*
j4
-:,_^. UF'r'Li
JO JJ_ ,]tS-iE{-1�. END FGh�Ma
67.42
=';54
� "
SUFFL?ES END EN'LFS
2.8e7
TOTAL FREPAIL'S
.UG
TOTAL VOUCHERS
97.29
TO*rhL CUE VENDOR
Q-7
IU ..� rF'.��: :.r._
.1a
lily OP 51AW2 SAP
RUN MATE: 011/2_/ 2000 16:04:2'
VDUCEER �ESISTFF..
PAGE: 14
DUE THRU: C2/01!i, _0
PREPAID
FUND/SECT,-ACCT-NUCT-ACCT
PO #
I^''OME WE_::I 71ON
AMOUNT DATE
CHECK
SHEPPARD M!iLLIN, RICHTER °: HAMPTON
0014C)'20-44021-
�4_,
�21K9!..L- LEGAL r^ E-LANT ERMAP
, �9,.41
"T„4020-44'-21--
i '52,
221923345 LEGA'_ SE-. ICES -LA EF .AN
11-602,46 02/01/ 2000
_'"il
70TAL eF:..c_IIE
_;AL
91m.41
TOTAL DUE VENDOR
2C'a"3._:
E372 EARLY EEL;,,
0015350-41200--
944
9upop E' VIES O..TH P ,TEL_
-.S2
401515>41W-
'444
W _._5 .,r._LPtN&L
1,S5112
TCTAL PREPAIDS
00.1
TCTAL
114164
m_ CA VEFLS-`
--
J ,,A::, S_- LIFE P:.E:_
206.50 .2i01./2,000
356:4
a}' - ii E
_- JAN -LIFE INE PrEM J
t + l '0
ii}L:,Sfi 1,'y,l_I �i })(}
565
%_ J4
TOTAL ,XPAIDE
413.00
TOTAL .
'-'OiNE
r
,ij5i
.._ Dvr_ VEliW..
413'00
STATE r.DARD OF EQUAL - rp.'
00101151--
ELECTA-SALE PFWL jT�
109.832!?l/20!p
02/01/2000
3,9705
5
EKES TAKSALE PRT MATER'L
855.50 !.1.2/01/2000
3570`=
t;.. _..._--
WOW—
LEE TA,=. -ITEMS PPCr!E W!OTi
1,207.6702/01/2000
35705
TOTAL T'`FAIDS
174 MCI
TOTAL V911CuEc=_.
00
TOTAL DUE rENDOR
174 XO
RK_�EPTIDN REFUND
5:-,,11n
TOOL PRTAI S
00
TOTA': . HERE
59 A01
TOTAL DH YE!%TOR
W 00
_
PRO P E'.
. fife
TON! O _: W-'
... o -
T AL E �E VElil.' h.
04
.00
r; On ,4,
--
,5
,ETAL F EWAI S
,.;(;
CITY 7 G » ew
RN @3; G. ; 3 b:9:g
S He m2»e
9E: 5
±E . $ &Ic l «
PREPAID
yc2#
i
yS CHECK
THE REGENTS E IR «IVER 59I J 2
r NSy- Z3e;
420.00 £&! w f2:
AL ReA3
.m
Tew CGH s
.w
TSR w-
4 .w
,HE 'WHOLE E e3wIf
w! 6422525
2792 MESLIDPI w 9
I3C S I2
.G
� C a.
ys3
T2w w: 3N»R
SG9
I ECEaw&
SIg«9 *-
/14 Zy + F' -C ws cE
gG 2
TOTAL RER 3
.m
TOTE VOUCHERS
Sul
TOT AL 2E' 2R
921.51
N
I LSe@m
.M
iFT 0.y
»:JG35Cba!
.9
J2Gw
--
.y
T 07 C weQe
.Q
LUI A'
01 TAL 2:' mk
.m
CITY OF DIAMDND B:;'
RUN DATE: 01,26/2)(0 16:04:27 VOUCHER PEGIETER PAGE: 16
DUE THRU: 02/01/22000
PREPAID
F'Sr1D!SEGT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECk:
TRUGREEN LANDCARE
0015122-45300--
2425_':
MNTHLY
MAINT-REAGAN JAN
1 038. 501.
0015"'1-45100--
242586
MNTHL`'
MAINT-SYC CYN JAN
70_.10
001 c" 2 0--
:.) 511_-41 ..
6Ca;,.,�,
7
ADDTL
S,r_ V 9e
.:-FANTE;A-NQ
,2a 0
,_:.
M15316-4221Ca--
6!{i738
ADDTL
SVCS -MAPLE H-NDV 99
101.91
1415541-41210!--
r ar7=':
ADDTL
SVCS -DIST 41 -NO' 9v
16.. n
MNTHL"
MAINT-MAPLE JAN
70S 10
1�svcc::a g•; "tt R_-_
,:.r,. ,.�::,_
[r T, •Ca�rc_n'°T
38 -MOV 99,
214.04
-- --4.1= X1
MNTHL I
,HINT STRSHr:E JAN
?`4,10
ttT1_
_T MA I r;T ,IST #=.9 JAN
`�'a',._It:
ACC{.•
,.A':C'.
- _
k' -
MNTH�Y
FA AT_!' i
1,AL� DIST #18 JAN
,�C t
4:,_,, a(i
114,5541-45501",--
2 4 58
Mr7T�'-
MAINT-DIST #41 :IAN
2, 1,50,:;0
1_ro:i-..,._.:...
.4....:.
ei -,
14MA.N
ADM'
_.GGT
Ifitc"`--It .i4.--
-.Ar:c -:
Mt.}.•.
IHLI
�T _C T6't (
MAIts-. S:M.M '1- M
- flcfl cr,
_) J_
!'--
M`TPL
"!.-INT °DT ,: EF�JAN
.7490.74
,.... -_7 ERSN-NO'; a'='
-:,
`'C,4'
_UC5' JAM
1T1TOE
...d. Y;
M r.;dT - PAh lthY >_,Ara
_ _,^0,:11
ALr:T1
Ct;r'4-D,ST _ -NQ'! a''
u Y
6,4,5*
=' 1:-.��..--
_n'''='
rIDTL
-VC5-HERITGE-NOb! -9
`
=',42
TOTAi- PREPAIDS,
00<
T L,L ',LCEEFS
:1,17:.52
TOTP; IC ! Cql^rtt +'T] .r1 I
. 4;1 -MILLENIUM 00. 00
OJp% C1CT_M40
'='TAL P `;EPA1DS .00
TOT^�i VQLaL.=L'` 4 r)tii!,01i)
,
_TAL 'L!E I t% 1 �; 4,ft�Irt,ii(i
T`
6`.',00
`i T AL PREF AIIDS yfi
MD
I'J' P -`H ,47.7`
7DTf.l 4iiu: !"`iEP= 144 .41
. _t*i;- - pG. IjiA� 1 j c -:c 1.., !(i ft, _c,
H �Mt i�� i,:�)._,_ (fir J,! 1!( :7y;,'i
c -
TO
i I; I,,
_TAL I E .E:'^R (.0t.'5
._
Ji_i. WE
ill -2: i}02-- 15a 1 REFUtib-DEPOSIT HRTAGE PK. 100.00
I L F'REF'AIDS 0)
TCTA VOUCHERS 100.00
TOT'L L.UL 4ENDOR
CITY OF DIAMOND BAF;
RUN DATE: C1/^226/2'000 16:04:227 :'CUCHER REGISTER
DUE THRU: 02 1/0
FUND/SECT-ACCT-PRO.'ELT-ACCT FIC # INVOICE DESCRIPTION AMOUNT
WALNUT VALLEY UNIFIED": SCHOOL DIST.
0015:;5(!-42140-- °r) r'ACIL1TY RNT- /'?9 2"1,;
PAGE: 17
PREPAID
DATE CHECK
,!_ r}
5.00
1.191.75
1_;)6 150
_4J
1' 7.75.
Nti,�S
1 n q -,5
0,750. 72
. U0!
r:nn
, nCa
_0?.Ofi
_:C( 00
CK)
7 4.j2,ft1
,4?2.60
541.2=
CIO
541.2_
541.26:
TOTAL
PREFA1DS
TOTAL VOUCHERS
TCTAL
i!i;E VE
'WALNUT VALLEY WATER DIST ^`.ICT
0111`:16-4'2"125--
WATER SVCS -MAF` -E HL 1(14
0015�1-42126--
WT R: Sacs -HERITAGE Pi. 11/6
WTE°:)C'S-TREE WRTINGI'''^I
r:rr�:r:
W7R C;r2-DTS7 =C' ' 1'/"i
.
WATER SVCS -P GR5v; -1/14
._`':,5 .-4 .i6--
Ci!�C_"rT �_ _ _4 !�
s,iATEF' Y!_ L: T _. i4
WA R Sr- M, A. V'LE HL 1,114
W? S"'r--D ,IST
TOTAL
F'FCPALUS.
TOTAL
`JO'_CHFRS
TOTAL
D`JE VENDOR
�`C:Fai Crr�a:-
4:24
S'dCS - FFL
TONAL
FREPAIDS
TC { L
rO_CHt..S
TnrA_
l,i__ir:_ V,—'a7 OR
ST _NCH r
�71_
F'LA" UES - C!r-NCL
ICTAL
FFcF'AIDS
0 AL
a! 1CNER
?OT
E1`i''OR
170-
JTN TR E MA
i .''�{=-_!1�Gft(t__
_ __
rTAi TR -
I'D or hT- E
>r)2_+!"__
TREE MAIP�T SVC_ -DEC 99
TOTALF'F;EI
. D,S
TCTAL
VOUCHER.
TCTA!
r!!_F VENT! R'
t:'ESTUE+L SWING n
41, CA nCD{r i!cr; TEc-_ in0; FF
TOTAL
F'EE'' ?CIS
TOTAL
','r'_'-HER'S
Tn.TAL
UE ',tF`r:no
Til-:-:_
un:._CEP
TOTAL
__ ,L. --UR
PAGE: 17
PREPAID
DATE CHECK
,!_ r}
5.00
1.191.75
1_;)6 150
_4J
1' 7.75.
Nti,�S
1 n q -,5
0,750. 72
. U0!
r:nn
, nCa
_0?.Ofi
_:C( 00
CK)
7 4.j2,ft1
,4?2.60
541.2=
CIO
541.2_
541.26:
Ga 3 2a B.
RUN g«: 01/2'6/2000 16;04:2 m±±e ±3 JE
yE 2b: 0,2101/2"(60
mQ3ET= 2 -PROJECT- 2 S# INVOICE DESCIRIPTITOW AMOUNT
R± WRIGHT
S! e4%m- 2w Alf) «3Gmw3
TOTAL E R» .
T L HER
I7w DUE«2a
fam!« WATERS
m!7/@!' - q!2 w LT w+±SRE
TSk 9EQa
TOTAL VOUCHER
STA yE e B
F'IISw melte
»ems Ti V 29
7TISw
&E: 2
REPAID
DATE » .
SKm
.m
3a%
3a%
e.y
.m
e.y
S.W
2 \rr 3I
\2\«&a
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. (a3
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 01, 2000 REPOT DATE: January26, 2000
FROM: Linda G. Magnuson, Finance Director Y\
TITLE:
Treasurer's Report — December 31, 1999
SUMMARY:
Submitted for the City Council's review and approval is the Treasurer's Statement for the month of December
1999
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
_ Ordinance(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
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? 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:
_
_
HEVIEWE BY:
Terrence L. Belanger
City Manager
DEPARTMENT HEAD:
Linda G. Magn sc
Finance Director
CITY COUNCIL REPORT
AGENDA N0.
MEETING DATE: February 01, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Treasurer's Statement— December 31, 1999
ISSUE STATEMENT:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval.
RECOMMENDATION:
Approve the December 1999, Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Council's review and approval is the Treasurer's Statement for the month of
December 1999. This statement shows the cash balances for the various funds, with a breakdown of
bank account balances, investment account balances and the effective yield earned from
investments.
PREPARED BY:
Linda G. Magnuson
TREASURER'S MONTHLY CASH STATEMENT
December 31, 1999
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdre
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment po
As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any
excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight Into on Investment poo
of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis
L.A.I.F - Effective Yield for December 1999 5.639%
Money Market -Effective Yield for December 1999 4.473`3'
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estim ted expenditures.
Terrence L. Belanger, Treasurer
BEGINNING
TRANSFERS
ENDING
BALANCE RECEIPTS
DISBURSEMENTS
IN (OUT)
BALANCE
GENERAL FUND
$12,853,840.17 $1,478,771,33
$706,642.66
$255,849.99
$13,881,818.83
LIBRARY SERVICES FUND
102,855.06
1,239.84
101,615.22
COMMUNITY ORG SUPPORT FD
3,556.26
3,556.26
GAS TAX FUND
3,907,365.91
(1,340,922.52)
2,566,443.39
TRANSIT TX (PROP A) FD
1,463,291.92 33,116.80
73,275.24
(50,000.00)
1,373,133.48
TRANSIT TX (PROP C) FD
2.299,375.52
(249,797.63)
2,049,577.89
INTEGRATED WASTE MGT FD
247,199.64
1,642.86
245,556.78
AIR QUALITY IMPRVMNT FD
143,708.93
97.41
143,611,52
TRAILS & BIKEWAYS FD (SB 821)
31,219.82
31,219.82
PARK FEES FUND
173,400.63 7,006.00
(179,884.21)
522.42
FACILITIES & PARK DEVEL. FD
1,253,471.73
(52,700.00)
1,200,771.73
COM DEV BLOCK GRANT FD
72,382.56 17,209.00
148,600.42
(167,836.49)
(226,845.35)
CITIZENS OPT -PUBLIC SAFETY FD
265,715.87
83.20
(32,785.80)
232,846.87
NARCOTICS ASSET SEIZURE FD
330,420.66
330,420.66
LANDSCAPE DIST #38 FD
525,173.24 107,565.56
88,677.95
544,06D,85
LANDSCAPE DIST #39 FD
154,851.45 66,183.96
12,159.72
208,875.69
LANDSCAPE DIST #41 FD
267,609.70 48,959.81
729.47
315,840.04
GRAND AV CONST FUND
139,130,78
139,13D.78
CAP IMPROVEMENT PRJ FD
(882,397.19)
470,233.05
1,818,076.66
465,446.42
SELF INSURANCE FUND
923,057.39
923,057.39
TOTALS
SUMMARY OF CASH:
$24,275,230.05 $1,758,812.46
$1,503,381.82
$0.00
$24,530,660.69
DEMAND DEPOSITS:
GENERAL ACCOUNT
($221,315.69)
PAYROLL ACCOUNT
(1,023.32)
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500,00
TOTAL DEMAND DEPOSITS
($221,589,01)
INVESTMENTS:
US TREASURY Money Market Acct.
$1,134,626.29
LOCAL AGENCY INVESTMENT FD
23,617,623.41
TOTAL INVESTMENTS
$24,752,249.70
TOTAL CASH
$24,530,660.69
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available for withdre
within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally adopted investment po
As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Fargo. Any
excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight Into on Investment poo
of US Treasury Notes, Interest is credited to the City's bank account on a monthly basis
L.A.I.F - Effective Yield for December 1999 5.639%
Money Market -Effective Yield for December 1999 4.473`3'
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estim ted expenditures.
Terrence L. Belanger, Treasurer
Portfolio as of 12-31-99 Pooled Money Investment Account
PAR VALUES MATURING BY DATE AND TYPE
Maturities in Millions of Dollars
ITEM
TREASURY
1 day
to
30 days
$ 170
31 days
to
60 days
$ 590
61 days
to
90 days
91 days
to
120 days
$ 160
121 days
to
150 days
$ 150
151 days
to
180 days
$ 565
181 days
to
210 days
211 days
to
270 days
271 days
to
1 year
$ 1,250
1 year
to
2 years
$ 925
year$
to, ;;
3yearg, yea
, $ yparg
to
4 yqmrq'`
lea
#p
REPO
TDs
$ 568
$ 722
$ 483
$ 251
$ 288
$ 69
$ 74
$ 193
$ 151
AGENCY
$ 997
$ 921
$ 820
$ 504
$ 635
$ 581
$ 415
$ 2,391
$ 472
$ 16
$ 442
BAs
CP
$ 2,308
$ 3,082
$ 2,145
$ 630
$ 550
CDs + BNs
$ 1,443
$ 830
$ 447
$ 684
$ 1,200
$ 1,275
$ 55
$ 300
$ 15
CORP BND
TOTAL
$ 39
$ 50
$ 27
$ 235
$ 67
$ 26
$ 5
$ 301$
150
$ 1,047
$ 609
$ 50
$ 30
$ 32,132
$ 5,525
$ 6,195
$ 3,922
$ 2,464
$ 2,890
$ 2,516
$ 134
$ 638
$ 4,242
$ 2,459
$ 609
$ 66
$ 472
PERCENT 17.2% 19.3% 12.2% 7.7% 9.0% 7.8% 0.4% 2.0% 13.2% 7.6% 1.9% 0.2% 1.5%
Note: Floating Rate Securities are represented at coupon change date.
Note: Mortgages are represented at current book value.
Note: Figures are rounded to the nearest million.
Note: Does not include AB55 and General Fund loans
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO. (V-'/
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 26, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: Notice of Completion for the Golden Springs Drive Street Rehabilitation Project between
Grand Avenue and Torito Lane.
SUMMARY: On July 20, 1999, City Council awarded the construction contract in the amount of
$742,593.00 with a contingency amount of $75,000.00 for project change orders to be approved
by the City Manager, for a total authorization amount of $817,593.00. With the issuance of the
notice to proceed on September 7, 1999, construction was completed on December 13, 1999 with
the exception of punch list items. On January 17 staff determined that all work including punch
list items are complete and in accordance with the specifications prepared and approved by the
City. The final construction contract amount is $801,799.04.
RECOMMENDATION: That the City Council accept the work performed by Excel Paving
Company. and authorize the City Clerk to file the proper Notice of Completion and to release any
retention amounts thirty-five (3 5) days after the recordation date.
LIST OF ATTACHMENTS: X Staff Report
Resolution(s)
_ Ordinances(s)
_Agreement(s)
_ Public Hearing Notification
Bid Specification: on file at City Clerk's
office.
x Other: Notice of Completion
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
R1CkVA19LVA%0_1Xb Ad
Terr nce L. Bel er
City Manage
N/A Yes No
Majority
N/A _ Yes _ No
N/A Yes No
N/A _ Yes _ No
Jes DeStefa o av' G. Liu
am
Deputy City Manager Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO. _
MEETING DATE: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Notice of Completion for the Golden Springs Drive Street Rehabilitation
Project between Grand Avenue and Torito Lane.
ISSUE STATEMENT
To submit and file for recordation a Notice of Completion for the Golden Springs Drive Street
Rehabilitation Project between Grand Avenue and Torito Lane.
RECOMMENDATION
That the City Council accept the work performed by Excel Paving Company and authorize the
City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five
(35) days after the recordation date.
FINANCIAL SUMMARY
The process of filing Notice of Completion has no fiscal impact on the City.
BACKGROUND/DISCUSSION
On July 20, 1999, City Council awarded the construction contract in the amount of $742,593.00
with a contingency amount of $75,000.00 for project change orders to be approved by the City
Manager, for a total authorization amount of $817,593.00.
With the issuance of the notice to proceed on September 7, 1999, construction was completed on
December 13, 1999 with the exception of punch list items. On January 17 staff determined that all
work including punch list items are complete and in accordance with the specifications prepared
and approved by the City.
Change orders were necessitated by field conditions such as modifying the quantities of removal
and replacement. Actual change order items are as follows:
• Special traffic control and mobilization ($3830.54)
• Removal of additional sections of pavement for larger areas of distress. This also required
additional materials for base, asphalt, etc. Certain areas also experienced heavy moisture and
as an alternative, we had the contractor install deep lift sections of asphalt. ($50,522.90)
• Actual quantities of concrete for bus pads (decr.), curb and gutter (incr.), sidewalk (incr.)
varied. ($2090.00)
• Quantities of manholes that had to be reset were reduced and additional survey monuments
were uncovered that needed to be reset (-$920)
• Additional striping and botts dots were required, also additional loops. ($3682.60)
The total change order required was an additional $59,206.04
The final construction contract amount is $801,799.04.
Prepared by:
David G. Liu /Rose E. Manela
2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL. TO
CITY OF DIAMOND BAR
21660 EAST COPLEY DRIVE, STE. 100
DIAMOND BAR CA 91765-4177
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I, The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21660 East Copley Drive, Suite 100
Diamond Bar, CA 91765
4. "the nature of the interest or estate of the owner is; In fee.
(It other than fee, strike "In fee" and insert, for example, "purchaser under contract of punhase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in
common are: NAMES ADDRESSES
(i A work of improvement on the property' hereinafter described was completed on December 13, 1999. The work done
was:
Golden Springs Drive Street Rehabilitation Proiect between Grand Avenue and Torito Lane
i The name of the contractor, if any, for such work of improvement was Excel Paving
July 20 1999
(If no contractor for work of improvement as a whole, insert "none") (Date of Contract)
S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State
of California, and is described as follows Golden Springs Drive between Grand Avenue and Torito Lane
9. The street address of said property is
(If no street address has been officially assigned, insert "none")
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
1, the undersigned, sayI am the Deputy Director of Public Works the declarant of the
foregoing
("resident of', Manager or', "A partner of', "Owner of', etc.)
notice of completion, I have read said notice of completion and know the contests thereof; the same is true of my oum knowledge.
I declare wider penally of perjury that the foregouig is true and correct.
Executed on
(Date of signature)
20 00, at Diamond Bar California.
(City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 26, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: Exoneration of bonds for William Lyon Company for Grading Permit Bonds and Faithful Performance Bonds
for Tract No. 45268, 43760, and 44824.
SUMMARY: The Principal, the William Lyon Homes, Inc. requests the release of their surety bonds for
improvement security as required in accordance with the Subdivision Map Act.
On July 20, 1999, the City Council approved the following reductions for Tract No. 45268, 43760, and 44824. Due to
a lack of documentation, staff did not recommend full exoneration. Documents could not be found for lots 29-59
within Tract No. 45268, lots 104-156 within Tract No. 43760, and the installation of the park sewer line and
connection improvements within Tract No. 44824. The William Lyon Company agreed that a request for release
would need to be posted at a later time. Legal references on the statutes of limitations in California were recently
submitted by the William Lyon Company and reviewed by the City Attorney. The City Attorney concurs that the
information presents a valid rationale for the City to exonerate the Grading Permit Bonds issued for Tract No.
45268 and Tract No. 43760 and also for Faithful Performance Bond issued for installation of the park sewer line
and connection improvements/parkway entry sign within Tract No. 44824.
RECOMMENDATION: It is recommended that the City Council a) approve the exoneration of, Grading Permit Bond
in the amount of $54,400 for Tract No. 45268, b) approve the exoneration of Grading Permit Bond in the amount of
$415,800 for Tract No. 43760, c) approve the exoneration of Faithful Performance Bond for the installation of park
sewer line and connection improvements/parkway entry sign in the amount of $15,000, and d) direct the City Clerk to
notify the Owner and Surety of these actions.
LIST OF ATTACHMENTS: x Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification
Ordinances(s) x Other: Bond agreements; letter of request
Agreement(s) dated 12/20/99; and
Exhibit A B C.
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
N/A
by the City Attorney?
—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 No
Report discussed with the following affected departments:
_Yes _
REVIEWED BY:
K1L6A!t!7A
Te ence L. Bela
n
City Manager
Ja esDeStefano
Deputy City Manager
X5��ZA -
vi . Liu
Deputy Director of Public Works
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Exoneration of bonds for the William Lyon Company for Grading Permits
and Faithful Performance Bonds for Tract No. 45268, 43760, and 44824.
ISSUE STATEMENT
Consider exoneration of Grading Permit Bonds and Faithful Performance Bond for improvement
securities as required in accordance with the Subdivision Map Act.
RECOMMENDATION
It is recommended that the City Council a) approve the exoneration of, Grading Permit Bond in the
amount of $54,400 for Tract No. 45268; b) approve the exoneration of Grading Permit Bond in the
amount of $415,800 for Tract No. 43760; c) approve the exoneration of Faithful Performance Bond for
the installation of park sewer line and connection improvements/parkway entry sign in the amount of
$15,000 for Tract No. 44824; and d) direct the City Clerk to notify the Owner and Surety of these
actions.
FINANCIAL SUMMARY
This action has no fiscal impact on the City.
BACKGROUND
Prior to incorporation in 1989, all projects in the unincorporated area of Diamond Bar were reviewed and
inspected through the various departments of the County of Los Angeles. The County of Los Angeles
entered into agreement with the William Lyon Company to complete grading in accordance with the
approved plans and specifications. The owner guaranteed faithful performance of this agreement by
posting with the County of Los Angeles Grading Permit Bonds for grading improvements on Tract No.
45268 and Tract No. 43760 and also for Faithful Performance Bond issued for installation of the park
sewer line and connection improvements/parkway entry sign within Tract No. 44824. (See Exhibit A, B,
and C respectively)
On July 20, 1999, the City Council approved the following reductions:
■ Grading Permit Bond for Tract No. 45268 from $170, 000 to $54,400
■ Grading Permit Bond for Tract No. 43760 from $1,260,000 to $415,800
■ Faithful Performance Bond for Tract No. 44824 from $20,000 to $15,000
Page 2
Bond Release
2/1/00
Due to lack of documentation, staff did not recommend full exoneration for the July 20, 1999 City Council
meeting. Documents for lots 29-59 within Tract No. 45268, lots 104-156 within Tract No. 43760, and the
installation of the park sewer line and connection improvements within Tract No. 44824 could not be
found. The William Lyon Company agreed that a request for release would need to be posted at a later
time.
Legal references on the statutes of limitations in California were submitted by the William Lyon Company
and reviewed by the City Attorney. The City Attorney concurs that the information presents a valid
rationale for the City to exonerate the Grading Permit Bonds issued for Tract No. 45268 and Tract No.
43760 and also for Faithful Performance Bond issued for installation of the park sewer line and connection
improvements/parkway entry sign within Tract No. 44824. The building permits for homes located within
Tract No. 45268, 43760, and 44824 were issued in 1987.
Pursuant to the Code of Civil Procedure, the following are statute of limitations barring recovery for
construction defects: 1) CCP 337.1 provides a four year limitation on actions brought for patent defects in
construction, 2) CCP 337.15 provides for a 10 year limitation of actions for latent defects and 3) CCP 338
provides a three year limit on action for injury to real or personal property based on negligence. Major
exceptions to these statutes of limitations are based on willful misconduct or fraudulent concealment by the
contractor or developer.
DISCUSSION
The subject bonds include the following:
Account Number:
Amount:
Surety:
Account Number
Amount:
Surety:
Account Number
Bond Number 713 2149
$54,400
The American Insurance Company
Bond Number 712 9261
$415,800
The American Insurance Company
Bond Number 713 1401
Amount: $15,000
Surety: The American Insurance Company
Prepared by:
Sonya Joe, Development Services Assistant
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D'L•D
INSURANCE
BROKERS INC.
December 20, 1999
David Liu
Deputy Director Public Works
City of Diamond Bar
Community & Development Services Department
21660 East Copley Drive
Suite 190
Diamond Bar, CA 91765-4177
Re: The William Lyon Company
Surety Bond Exonerations
Dear David:
As discussed in our recent telephone conversations, we are writing to request that you
exonerate the following bonds:
1. Tract Number 45268
Grading Bond
Number 7132149
2. Tract Number 43760
Grading Bond
Number 7129261
3. Tract Number 44824
Park Entry Sign
Number 7131401
As you know, these bonds were originally written to the County of Los Angeles
(County). The County then transferred their interests to the City of Diamond Bar (City)
when the City incorporated.
Several searches with the County have resulted in the advisement they have no records
pertaining to the captioned bonds. They also advise they transferred all files to the City
in 1989. Your staff advises they can not locate the files or any other information to allow
for exoneration or further research.
All grading construction for each of the lots in the above tracts has been completed for
several years. In fact, homes have been built on the lots which would validate that the
grading had been inspected and certified as final and completed. Normally, building
permits for the homes would not have been granted otherwise.
695 TOWN CENTER DRIVE, SUITE 700, COSTA MESA, CALIFORNIA 92626
TELEPHONE (714) 429-5500 FAX (714) 429-5516 LICENSE 0786045
The grading engineer, E.L. Pearson & Associates, and specifically Edward L. Pearson are
apparently no longer in business. All efforts to locate them have failed. They are not
listed or identified in any counties in Southern California.
The available information validates that Mr. Pearson did certify final grading on
substantially all lots with the exception of those comprising the above tracts. This was
done in the middle 1980's.
We are not a law firm, and do not make any legal opinions, assurances or offer legal
advice in this letter. However, we have researched the issue of statute of limitations
pertaining to construction defects with members of the insurance industry. It is our
understanding that Construction Defect Statutes of Limitations in California are:
• Patent Defects: For patent defects which are apparent by a reasonable
inspection, the limitation is 4 years after substantial completion. A patent
deficiency is defined as "which is apparent from reasonable inspection".
• Latent Defects: For latent defects, the limitation period is 10 years after
substantial completion. A latent deficiency is defined as "which is not
apparent by reasonable inspection".
• Discovered Property Damage: Once damage from the defect is discovered, the
limitation period is 3 years after discovery. Even if damage is discovered
within the 4 or 10 -year limitation period, the lawsuit must be filed within 3
years of discovery.
• Major exceptions to these statutes are based on willful misconduct or
fraudulent concealment by the developer.
Note: We have attached copies of material we downloaded from the Web that explain
the statute issue in more detail.
The William Lyon Company has demonstrated excellent community partnership to the
City in its activities as a homebuilder. They have consistently demonstrated their
resources and willingness to complete their projects according to plans and specifications.
Homes have been built on the properties they developed in the middle 1980's, with no
known defects reported to date. It is probable that these homes have changed ownership
over the last 10 to 15 years.
We believe the above information presents a valid rationale for the City to exonerate the
bonds that remain open at this time. We appreciate your cooperation in this effort, and
please call us with any questions you have.
Sincere
/ D - L ° D
Paul C. Hughes
INSURANCE
BROKERS INC.
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO A ,GFS
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 25, 2000
FROM: Terrence L Belanger, City Manager
TITLE: AMENDMENT NO. 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL
BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES IN PROCESSING TRACT 51169
(HORIZON PACIFIC) MITIGATION MONITORING
SUMMARY: Michael Brandman Associates (MBA) is currently under contract to provide environmental
mitigation monitoring services to the City for the Horizon Pacific (Tract 51169)13 home project adjacent to The
Country Estates and within SEA No. 15. The project approval included conditions to mitigate the
environmental impacts associated with the development site. This report requests an amendment to increase
the original contract for additional services due to non-compliance and improper installation of the on-site
mitigation materials (see Exhibit `B"). Developer fees fund the costs associated with processing this project,
and the developer has deposited funds with the City for the costs incurred.
RECOMMENDATION: It is recommended that the City Council approved an amendment to the agreement
between the City and Michael Brandman Associates in the amount of $3,540.00.
LIST OF ATTACHMENTS: x Staff Report Public Hearing Notification
Resolution(s) Bid Specification
Ordinance(s) x Other Agreement, Amendment No. 1,
Exhibits "A" &'B"
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the Resolution, ordinance or agreement been reviewed x Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? x Yes _ No
4. Has the report been reviewed by a Commission? N/A _ Yes _ No
Which Commission?
5. Are other departments affected by the report? _ Yes x No
Report discussed with the following affected departments:
REVIEWED BY:
4� I r
OP .
Terr ce L. Belanger
City Manager
MORD-UNONAOEK2000/AM END 1 MBA 51169
UK P
ames DeStefan
Deputy City Man ger
CITY COUNCIL REPORT
Agenda No.
MEETING: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Amendment No. 1 to a Professional Services Agreement with Michael Brandman
Associates for Additional Services in Processing Tract Map 51169 Mitigation
Monitoring
ISSUE STATEMENT:
This report requests approval of an amendment to an existing consulting services agreement with
Michael Brandman Associates to provide additional services for processing Tract Map 51169
mitigation monitoring (see Exhibit "B").
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 1 to the agreement between the
City and Michael Brandman Associates in the amount of $3,540.00.
FINANCIAL SUMMARY:
Developer fees fund the costs associated with processing this project. The developer has deposited
funds with the City for the costs incurred.
BACKGROUND/DISCUSSION:
In March 1997, the City entered into a contract for $50,290.00 with Michael Brandman Associates
(MBA) to provide mitigation monitoring services for Tract 51169 (Horizon Pacific).
The approved subdivision and the environmental impact report incorporated numerous conditions
and mitigation measures to mitigate the environmental impacts associated with the development
of the 13 home Horizon Pacific project adjacent to The Country Estates and within SEA No. 15.
During the original contract's mitigation monitoring of Tract 51169, additional costs were incurred
by MBA due to non-compliance and improper installation of the on-site mitigation materials.
These costs include plan review, meetings on and off-site, written documentation and
correspondence for an amount of $3,540.00 (see Exhibit "B"). The developer has deposited funds
with the City to cover the costs as documented by MBA.
Staff recommends that the City Council approve Amendment No. 1, in the amount of $3,540.00,
for the additional services needed to monitor the health and growth performance of the vegetation
in Tract 51169. The revised total contract amount is $53,830.00.
Prepared by:
Linda Kay Smith
Development Services Assistant
Attachments:
1. Amendment No. 1, with Exhibit "B"
D:WORD-LINDA/CCR-2=VAMEND 151169 MBA 02012000
AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT
FOR ENVIRONMENTAL MITIGATION MONITORING SERVICES
This Amendment No. 1 to the Agreement is made and entered into
this 1st day of February, 2000, between the City Of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and
Michael Brandman Associates (hereinafter referred to as
"CONSULTANT").
A. Recitals:
(i) The CITY has heretofore entered into an Agreement,
with CONSULTANT to provide professional consulting services for the
Tract Map 51169 Mitigation Monitoring Services, the Agreement was
dated March 1, 1996, (as amended, the "AGREEMENT").
(ii) The CONSULTANT submitted a proposal, a full, true
and correct copy of which is attached hereto as Exhibit "B" to
provide for a revised scope of work and the proposed fees for said
additional work in the processing of Tract Map 51169 Mitigation
Monitoring Services ("PROJECT" hereinafter), for an amount Not -To -
Exceed cost of $3,540.00.
(iii)It is in the CITY'S best interest to amend the
AGREEMENT for the services in order to ensure consistency and
continuity of the services already being provided by CONSULTANT.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 2 of the AGREEMENT is hereby amended to
read as follows:
2. Term of Agreement. This contract shall take effect March
1,1996 and shall continue until full and final completion
of said PROJECT described in AGREEMENT, Exhibit "A",
Amendment No. 1, and Exhibit "B to the satisfaction of
the CITY, unless earlier terminated pursuant to the
provisions herein."
Section 2: Section 3 of the AGREEMENT is hereby amended to
read as follows:
"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 AGREEMENT, Exhibit "A", Amendment No. "1", and
Exhibit "B". Payment will be made only after submission
of proper monthly invoices in the form specified by CITY.
Total payment to CONSULTANT pursuant to this AGREEMENT
shall not exceed FIFTY-THREE THOUSAND EIGHT HUNDRED
THIRTY DOLLARS ($53 830 00) "
Section 3•
Exhibit "B" of the Agreement is hereby attached hereto and
incorporated herein.
Section 4:
Each party to this Amendment No. 1 acknowledges that no
representation by any party, which is not embodied herein, nor
any other agreement, statement, or promise not contained in
this Amendment No. 1 shall be valid and binding. Any
modification of this Amendment No. 1 shall be effective only
if it is in writing signed by the parties.
1_,-- r-.
All other terms and conditions of the AGREEMENT shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment No. 1 as of the day and year first set forth above:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
City Clerk
DATE:
D-WOAD-LINDA/AGAEE-2000/AMEN 151169 MBA 020120DO
2
CONSULTANT:
MICHAEL BRANDMAN ASSOCIATES
MICHAEL BRANDMAN ASSOCIATES
Principal
CITY OF DIAMOND BAR
Mayor
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO�.�,b
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 25, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL
BRANDMAN ASSOCIATES FOR ADDITIONAL SERVICES IN PROCESSING TRACT 32400
(STANDARD PACIFIC) MITIGATION MONITORING
SUMMARY: Michael Brandman Associates (MBA) is currently under contract to provide environmental
mitigation monitoring services to the City for the Standard Pacific (Tract 32400)107 home project adjacent to
Brea Canyon Road. The project approval included conditions to mitigate the loss of the streambed and habitat
area at the development site. This report requests an amendment to increase the original contract for
unforeseen additional services for the on-site mitigation materials (see Exhibit "C"). Developer fees fund the
costs associated with processing this project, and the developer has deposited funds with the City for the costs
incurred.
RECOMMENDATION: It is recommended that the City Council approve an amendment to the agreement
between the City and Michael Brandman Associates in the amount of $7,890.00.
LIST OF ATTACHMENTS: x Staff Report Public Hearing Notification
Resolution(s) Bid Specification
Ordinance(s) x Other Agreement, Amendments No.1 & No. 2,
Exhibits "A", "B", & "C"
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the Resolution, ordinance or agreement been reviewed x Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? x Yes —No
4. Has the report been reviewed by a Commission? N/A —Yes —No
Which Commission?
5. Are other departments affected by the report? Yes x No
Report discussed with the following affected departments:
REVIEWED BY:
D',WUR&UNMA3EN 20DO AMEND 2 MEA 32400
41*:Zp
J es DeStefa
Deputy City Man ger
CITY COUNCIL REPORT
Agenda No.
MEETING: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Amendment No. 2 to a Professional Services Agreement with Michael Brandman
Associates for Additional Services in Processing Tract Map 32400 Mitigation
Monitoring
ISSUE STATEMENT:
This report requests approval of an amendment to an existing consulting services agreement with
Michael Brandman Associates to provide additional services for processing Tract Map 32400
mitigation monitoring (see Exhibit "C").
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 2 to the agreement between the
City and Michael Brandman Associates in the amount of $7,890.00.
FINANCIAL SUMMARY:
Developer fees fund the costs associated with processing this project. The developer has deposited
funds with the City for the costs incurred.
BACKGROUND/DISCUSSION:
In March 1997, the City entered into a contract for $28,310.00 with Michael Brandman Associates
(MBA) to provide mitigation monitoring services for Tract 32400 (Standard Pacific).
The construction of the 107 home Standard Pacific project adjacent to Brea Canyon Road
incorporated the removal of approximately three acres of streambed and riparian habitat at the base
of the canyon. The approved subdivision maps (TM Nos. 32400/52228/52203/52204 ) and the
environmental impact report incorporated numerous conditions and mitigation measures to mitigate
the environmental impacts associated with the development.
In addition to on-site mitigation monitoring, the City directed the developer to fully mitigate the
loss of the streambed, riparian habitat and woodland within the city limits. Sycamore Canyon
Park was offered as the best opportunity for such mitigation. On January 19, 1999, the City
Council approved Amendment No. 1 for the additional consulting services related to this project
in the amount of $18,350.00 for a revised contract of $46,660.00.
During the original contract's mitigation monitoring of Tract 32400, additional unforeseen costs
were incurred by MBA. These costs include plan review, meetings on and off-site, written
documentation and correspondence for an amount of $7,890.00 (see Exhibit "C"). The developer
has deposited funds with the City to cover the costs as documented by MBA.
Staff recommends that the City Council approve Amendment No. 2, in the amount of $7,890.00,
for the additional services needed to monitor the health and growth performance of the vegetation
in Tract 32400. The revised total contract amount is $54,550.00.
Prepared by:
Linda Kay Smith
Development Services Assistant
Attachments:
1. Amendment No. 2, with Exhibit "C"
2. Original Agreement, with Exhibit "A"
3. Amendment No. 1, with Exhibit "B"
D: WORD-LINDA/CCR-7AW/AMEND 2 32400 MBA 0201 M
AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT
FOR ENVIRONMENTAL MITIGATION MONITORING SERVICES
This Amendment No. 2 to the Agreement is made and entered into
this 1st day of February, 2000, between the City Of Diamond Bar, a
Municipal Corporation (hereinafter referred to as "CITY") and
Michael Brandman Associates (hereinafter referred to as
"CONSULTANT").
A. Recitals:
(i) The CITY has heretofore entered into an Agreement,
with CONSULTANT to provide professional consulting services for the
Tract Map 32400 Mitigation Monitoring Plan, the Agreement was dated
March 4, 1997, and was amended by Amendment No. 1 dated January 19,
1999 (as amended, the "AGREEMENT").
(ii) The CONSULTANT submitted a proposal, a full, true
and correct copy of which is attached hereto as Exhibit "C" to
provide for a revised scope of work and the proposed fees for said
additional work in the processing of Tract Map 32400 Mitigation
Monitoring Plan ("PROJECT" hereinafter), for an amount Not -To -
Exceed cost of $7,890.00.
(iii)It is in the CITY'S best interest to amend the
AGREEMENT for the services in order to ensure consistency and
continuity of the services already being provided by CONSULTANT.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 2 of the AGREEMENT is hereby amended to
read as follows:
112. Term of Agreement. This contract shall take effect March
4,1997 and shall continue until full and final completion
of said PROJECT described in AGREEMENT, Exhibit "A",
Amendment No. 1, Exhibit "B", Amendment No.2, and Exhibit
"C" to the satisfaction of the CITY, unless earlier
terminated pursuant to the provisions herein."
Section 2: Section 3 of the AGREEMENT is hereby amended to
read as follows:
"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 AGREEMENT, Exhibit "A", Amendment No. "1",
Exhibit "B", Amendment No. 2, and Exhibit "C". Payment
will be made only after submission of proper monthly
invoices in the form specified by CITY. Total payment to
CONSULTANT pursuant to this AGREEMENT shall not exceed
FIFTY-FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS
(554,550.00)."
Section 3:
Exhibit "C" of the Agreement is hereby attached hereto and
incorporated herein.
Section 4•
Each party to this Amendment No. 2 acknowledges that no
representation by any party, which is not embodied herein, nor
any other agreement, statement, or promise not contained in
this Amendment No. 2 shall be valid and binding. Any
modification of this Amendment No. 2 shall be effective only
if it is in writing signed by the parties.
All other terms and conditions of the AGREEMENT shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment No. 2 as of the day and year first set forth above:
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
City Clerk
DATE:
D: WORD-LB4DAIAGREE-2000/AMEN 2 32400 MHA 02012000
2
CONSULTANT:
MICHAEL BRANDMAN ASSOCIATES
MICHAEL BRANDMAN ASSOCIATES
Principal
CITY OF DIAMOND BAR
Mayor
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO (�7 7
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 25, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH MICHAEL BRANDMAN
ASSOCIATES (MBA) FOR ON-CALL ENVIRONMENTAL PLAN CHECKING AND
INSPECTION SERVICES
SUMMARY: This report requests approval of a Consulting Services Agreement with Michael Brandman
Associates to provide technical environmental support services as necessary to evaluate individual
landscaping plans for sites within Tracts 51169, 32400, 47850 and 47851 to ensure compliance with the
original species and mitigation monitoring plan approvals. The purchasing ordinance allows the City Manager
purchasing authority up to $15,000 per vendor per fiscal year. This fiscal year the payments to date for the
separate contracted services of Tracts 51169, 32400, 47850 and 47851 total $19,959 for Michael Brandman
Associates. Therefore, City Council approval is necessary for the proposed individual on-call expenditures as
described in Exhibit "A".
RECOMMENDATION: It is recommended that the City Council approve an agreement between the City
and Michael Brandman Associates in the amount of $5,000.00.
LIST OF ATTACHMENTS: x Staff Report Public Hearing Notification
Resolution(s) Bid Specification
Ordinance(s) x Other Agreement, Exhibit "A"
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the Resolution, ordinance or agreement been reviewed x Yes —No
by the City Attorney?
2. Does the report require a majority or 4/5 vote? Majority
3. Has environmental impact been assessed? x Yes —No
4. Has the report been reviewed by a Commission? N/A —Yes —No
Which Commission?
5. Are other departments affected by the report? _ Yes x No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belang r
City Manager
D'.WORD-LINDA'AOEN 200OMBA ONCALL 2000
NNIP
James DeStefa o
Deputy City Manager
CITY COUNCIL REPORT
Agenda No.
MEETING: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Approval of a Consulting Services Agreement with Michael Brandman Associates
for On -Call Environmental Plan Checking and Inspection Services
ISSUE STATEMENT:
This report requests approval of a Consulting Services Agreement with Michael Brandman
Associates to provide technical environmental support services as necessary to evaluate individual
landscaping plans for sites within Tracts 51169, 32400, 47850 and 47851 to ensure compliance
with the original species and mitigation monitoring plan approvals.
RECOMMENDATION:
It is recommended that the City Council approve an agreement between the City and Michael
Brandman Associates in the amount of $5,000.00.
FINANCIAL SUMMARY:
Developer fees fund the costs associated with processing on-call projects.
BACKGROUNDIDISCUSSION:
The City has previously entered into contracts with Michael Brandman Associates (MBA) to
provide environmental services to oversee the numerous conditions and mitigation measures to
mitigate the environmental impacts associated with various developments. These include
mitigation monitoring services for Tract 32400 (Standard Pacific), Tract 51169 (Horizon Pacific),
Tract 47851 (Diamond Bar East Partners -Crystal Ridge Estates I) and Tract 47850 (Diamond Bar
West Partners -Crystal Ridge Estates II). As the City's environmental consultant for these projects,
MBA has been engaged in the planning and monitoring the health and growth performance of the
sensitive environmental areas related to these tracts.
Tracts 51169, 47851, and 47850 lots were designed for custom homes. Often the developer sells
the lot and then the owner contracts for the construction. The lot's new owner frequently submits
the landscaping and hardscape (i.e. poolispa, gazebo, etc.) for review and approval. Though the
owners sign a "Buyers Awareness Package" with their escrow that describe these sensitive areas
in and around their lot, proposed planting materials may or may not mix with plant species
approved in the original tract approvals for these sensitive environmental areas. MBA is
technically qualified to review and make recommendations for the landscape plans.
The purchasing ordinance allows the City Manager purchasing authority up to $15,000 per vendor
per fiscal year. This fiscal year the payments to date for the separate contracted services of Tracts
51169, 32400, 47850 and 47851 total $19,959 for Michael Brandman Associates. Therefore, City
Council approval is necessary for the proposed individual on-call expenditures as described in
Exhibit "A".
Based on the skills and experience of MBA with respect to environmental services and mitigation
monitoring of Tracts 51169, 32400, 47851 and 47850; as well as to provide consistency and
continuity, it is in the City's best interest to approve a Consulting Services Agreement to MBA
for these on-call projects. Staff recommends that the City Council approve a Consulting Services
Agreement in the amount of $5,000 to facilitate the approval of single -site landscaping plans
within Tracts 51169, 32400, 47851, and 47850.
Prepared by:
Linda Kay Smith
Development Services Assistant
Attachments:
1. Agreement, with Exhibit "A"
D'. WORD -WNDA/CCR-200D/ONCAU, MRA ZOW
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of February 1, 2000 by and between the City of Diamond Bar, a
municipal corporation ("City") and Michael Brandman Associates ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide
consulting services to City as set forth in Exhibit "A".
B. Consultant represents that it is fully qualified to perform such consulting services by virtue of
its experience and the training, education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein
contained, the parties hereto agree as follows:
1. Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed
by Consultant are described in Exhibit "A".
B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A. "
2. Term of Agreement. This Contract shall take effect February 1, 2000, and shall continue
until full and final completion of said project described in Exhibit "A" to the satisfaction of the City, unless
earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which Consultant
performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will
be made only after submission of proper invoices in the form specified by City. Total payment to Consultant
pursuant to this Agreement shall not exceed FIVE THOUSAND DOLLARS ($5,000.00).
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, #100
Diamond Bar, California 91765-4177
909 860-2489, fax 909 861-3117
6. Status as Independent Consultant.
Consultant: Michael Brandman Associates
15901 Red Hill Avenue, #200
Tustin, CA 92780-7318
714 258-8100, fax 714 258-8900
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.
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 under this Agreement 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.
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, 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 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. Insurance. Consultant shall at all times during the term of this Agreement 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 this Agreement; (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; and (4) 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)
2
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
this Agreement; 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 that 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 that one (1) day prior
to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate
standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City
has agreed in writing to accept.
10. 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.
11. 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.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant under
this Agreement, or which would conflict in 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.
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.
13. 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
3
of termination, Consultant shall discontinue performing services
14. 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 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 this Agreement, but City reserves the right,
for good cause, to require Consultant to exclude any employee from performing services on City's premises.
15. 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.
16. Assignment. Consultant shall not assign or transfer any interest in this Agreement 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 this Agreement or any rights, duties, or obligations arising hereunder shall
be void and of no effect.
17. 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.
18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments.
19. 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
4
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.
20. 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.
21. 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.
22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance
with the laws of the State of California.
23. 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.
24. 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 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.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"City"
ATTEST:
By:
City Clerk
CITY OF DIAMOND BAR
By:
5
Mayor
Approved as to form:
IM
City Attorney
CONSULTANT
MICHAEL BRANDMAN ASSOCIATES
By:
Its:
DWORD-LINDA/AGREE-20OD/MRA 2000 ONCALL
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA N0.
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 1, 2000 REPORT DATE: January 27, 2000
FROM: Linda G. Magnuson, Finance Director �'
TITLE:
A resolution of the City Council of the City of Diamond Bar amending Resolution No. 91-72E,
prescribing a method of drawing warrants and checks upon City funds.
SUMMARY:
The Government Code Section 36802 states that in the absence of the Mayor, the Mayor Pro
Tem has all duties and powers of the Mayor. Currently the resolution prescribing a method of
signing City warrants and checks only authorizes the Mayor, City Treasurer, and the Finance
Director to sign City warrants and checks. Resolution No. 91-72F adds the position of Mayor
Pro Tem as an additional authorized signer of City warrants and checks. The Resolution also
authorizes the Mayor Pro Tem to sign checks which are over $10,000 in the absence of the
Mayor.
RECOMMENDATION:
It is recommended that the City Council approve Resolution No. 91-72F.
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
' AI
Terrence L. Beer Linda G. Magnus9n
City Manager Finance Director
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT:
Resolution 91-72F - A resolution of the City Council of the City of Diamond Bar amending
Resolution 91-72E, prescribing a method of drawing warrants and checks upon City funds.
SUMMARY:
Resolution No. 91-72E, authorized the Mayor, City Treasurer and the Finance Director to sign
City warrants and checks. Resolution No. 91-72F adds the position of Mayor Pro Tem as an
authorized signer of City warrants and checks. It also allows the Mayor Pro Tem in the absence
of the Mayor to sign checks in excess of $10,000.
RECOMMENDATION:
It is recommended that the City Council approve Resolution 91-72F.
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.
The Government Code Section 36802 states that in the absence of the Mayor, the Mayor Pro
Tem has all of the powers and duties of the Mayor. One of the duties of the Mayor includes
signing checks. The City also has the requirement that the Mayor sign all checks over $10,000.
Amending this resolution to include the Mayor Pro Tem as a signer of the City's checks will give
the same authority to Mayor Pro Tem as prescribed in the State Government Code.
PREPARED BY:
Linda G. Magnuson
RESOLUTION NO. 91-72F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING RESOLUTION NO. 91-72E
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. Mayor Pro Tem
3. Notwithstanding the provisions set forth above, any and all checks and warrants drawn
on City funds payable in excess of $10,000 shall be signed by the Mayor or Mayor Pro Tem in the
absence of the Mayor, and one of the required signatures thereof.
4. 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).
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of , 2000.
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 , 2000, by the following
vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAINED: COUNCILMEMBER:
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 6.9
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 27, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: SECOND READING OF ORDINANCE NO.: 01(2000): AN ORDINANCE OF THE CITY OF DIAMOND
BAR ADDING NEW CHAPTER 5.09, ADOPTING BY REFERENCE CHAPTER 7.16 OF TITLE 7 OF THE LOS
ANGELES COUNTY CODE PERTAINING TO AMBULANCES, TO THE DIAMOND BAR CITY CODE
SUMMARY: Upon recent review of the Business License Section of the City Code for the City of Diamond
Bar, it was determined that the provisions pertaining to licensing of ambulances was inadvertently omitted prior
to publication of the Code in August 1995. Staff and the City Attorney have researched the provisions currently
in effect under Chapter 7.16 of the Los Angeles County Code and have determined that adoption of the
County's provisions would satisfy licensing needs of the City of Diamond Bar has with respect to ambulances.
First reading of this Ordinance took place on January 18, 2000.
RECOMMENDATION: It is recommended that the City Council waive full reading, approve second reading
by title only and adopt ORDINANCE NO. 01(2000): AN ORDINANCE OF THE CITY OF DIAMOND BAR
ADDING NEW CHAPTER 5.09, ADOPTING BY REFFERENCE CHAPTER 7.16 OF TITLE 7 OF THE LOS
ANGELES COUNTY CODE PERTAINING TO AMBULANCES, TO THE DIAMOND BAR CITY CODE
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
Resolution(s) _ Bid Specification (on file in City Clerk's office)
X Ordinance(s) _ Other:
— Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed X Yes
No
by the City Attorney?
2. Does the report require a majority vote? X Yes
No
3. Has environmental impact been assessed? Yes
_
X No
_
4. Has the report been reviewed by a Commission? Yes
X No
_
Which Commission?
5. Are other departments affected by the report? Yes
No
_
Report discussed with the following affected departments:
_
REVIEWED BY: DEPARTMENT HEAD:
Terrence L. Belanger 4LyaBurgess
City Manager City Clerk
w•/b•1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION O
PROPOSED COMMUNITY/CIVIC CENTER PROJECT IP
COST, SITE, PHASING AND FUNDING ANALYSIS 4A
JANUARY 18, 2000
CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the meeting to
order at 4:55 p.m. in the South Coast Air Quality Management District Room CC -2,
21865 E. Copley Drive, Diamond Bar, California.
2. ROLL CALL: Council Members Chang, Herrera, Huff,
and Mayor O'Connor. Mayor Pro Tem Ansari was excused.
Also present were: Terrence L. Belanger, City Manager;
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.
3. DISCUSSION OF COST, SITE, PHASING AND FUNDING ANALYSIS OF
PROPOSED COMMUNITY/CIVIC CENTER PROJECT.
CM/Belanger stated that of the four sites under consideration, the lowest cost is
obviously the Summitridge Park site currently owned by the City. If an alternative
site were chosen, the purchase cost would be added to the total cost.
Community/Senior Center: It is estimated that the base cost of the community
senior center would be $2.3 million and that the annual maintenance and operation
for this facility would be in the neighborhood of $250,000 to $350,000 depending
upon the intensity of use, the number of staff members that would need to be
available, and established policies for recovery of use of the space. Some cities
adopt a philosophy that they will recover 70% of the costs by leasing the rooms, etc,
primarily to private organizations.
Library: It is estimated that the cost of the library would be $2.5 million. It is
presumed that the County would absorb the cost for the building of this facility. The
proposal intends to add twice the amount of square footage that the current library
enjoys. Therefore, the County may wish to pay for only a comparable 10,000 sq.
ft. of space in a new facility rather than the entire 20,000 sq. ft. It is presumed that
the County would sell the current library space. An appraisal of the current facility,
which was completed in a down market, estimated the value at $1.9 million.
CM/Belanger pointed out that the City has an excellent relationship with the current
County Supervisor, who will continue in his present position for five years.
Supervisor Knabe is open to discussions of long-term proposals. In addition, L.A.
County has Prop A funds available for funding.
City Hall: The estimate for the cost of the city hall is $4.5 million. CM/Belanger
referred the Council to the Executive Summary on Page 5 of the report. City Hall
has a higher square footage cost for construction than the community center and
JANUARY 18, 2000 PAGE 2 COUNCIL STUDY
library because there are more tenant improvements in a city hall facility than there
tend to be in an open space concept. The City Hall is estimated to be about a
25,000 sq. ft. facility.
Performing Arts Center: If there is a desire to see a performing arts center
incorporated in the civic center, then close attention would have to be paid to where
the facility is placed. Some sites, such as the golf course, would not accommodate
a performing arts center. A performing arts center would probably not be feasible
in the Summitridge Park area due to traffic concerns.
The baseline cost associated with these three facilities (community/senior center,
library and city hall) is about $11 million plus site preparation and site acquisition,
if applicable.
From an operational standpoint, it is anticipated that the three facilities would be
linked together by walkways with the community center being the greatest
operational cost due to the nature of its operation. Assuming a 365 -day operation,
it is estimated that the annual operational costs would be in the area of $125,000
to $350,000. The presumption is that the County would pick up any additional costs
associated with staffing and other matters related to the library facility. The building
of a library facility would not commence until such an agreement was in place with
the County. The operational cost of a City Hall is based upon a five-day week. It
is estimated that the cost of operating these three facilities is about $500,000 per
year.
Currently, the City pays about $210,000 for facilities use. Next year, it is estimated
that the cost will be about $230,000 for the City Hall space that is currently leased.
It is further estimated that if the City Hall facility is moved to a City -owned location,
that by the time the move is completed, about $250,000 can be applied to the
maintenance and operation of the new facility or it can be used as a revenue source
for retiring bonds.
Funding Mechanisms: Redevelopment monies cannot be used to fund the
construction of a City Hall facility. Therefore, the monies would come from existing
reserves or funding sources provided by the electorate. The community center and
library could be funded through use of redevelopment funds as well as other
sources. Currently, the City pays $2,000 per year for the use of Heritage Park.
Heritage Park will continue to be used as a community center and continue to be
used by the community.
The budget is $455,000 - $500,000 for operational costs. The City projects
$600,355 in net change of fund balance which means that the City will have
$600,000 more in revenue in FY 99/00, which rolls over into the City's General
Fund Reserve which enjoys a current balance of about $13,100,000. Therefore, the
City has about $850,000 in the fund balance. $450,000 is needed to operate all
JANUARY 18, 2000 PAGE 3 COUNCIL STUDY
three facilities. Even if all of the buildings were built at one time, there would still
be a net fund balance of about $350,000 without using any General Fund reserves.
CM/Belanger explained that it would not be advisable to use General Fund reserves
for construction because it would likely be difficult to replenish these monies to a
level which has been attained due to circumstances that will not likely occur in the
future, such as the benefit from inflated population figures by the County at the time
of Incorporation. One option to permanent construction that is much less costly and
would take considerably less time to achieve is relocatables. In addition, there are
usable buildings on a couple of the sites under consideration, which could be
occupied more immediately once the tenant improvements are completed. Various
considerations are dependent upon whether the City has a redevelopment agency
to support the project.
M/O'Connor asked for time estimations if the City chose to proceed with a bond
issue.
CM/Belanger stated that a bond issue requires an election (120 days). An amount
is specified and the voters say "yes" or "no." The more difficult issue is determining
what is going to be built, where it is going to be located and getting the community
to buy into the vision. It could take six months to get an architect to issue a set of
renderings. A process for establishing an assessment district would take a longer
period of time initially than a bond election. $25 per parcel in D.B. would generate
about $10,000,000. Once the assessment district is formed, an election is still
necessary.
In response to C/Herrera, CM/Belanger explained that he was not aware of any
plans for the County to dispose of the current golf course. The golf course location
is within the highest volume stretch of traffic interchange in the State. Based upon
conversations with Supervisor Knabe, the County intends to continue operating the
golf course. Site improvements would be less costly than new construction on bare
land; however, the City would have no ownership in the land. One of the key issues
is deciding where this type of facility will be placed.
C/Chang believed Council should concentrate on Summitridge Park and the golf
course as potential sites. The other two locations are not available at this time. He
suggested that consideration of the performing arts center be set aside for the time
being. In this scenario, the total cost would be $12 million for construction with the
annual maintenance cost being approximately $700,000. He believed that $12
million is a reasonable figure for the City to consider. If half the amount is taken
from General Fund reserves, half of the construction cost is covered. If the RDA
can be effective, the remaining amount of money to complete the construction
would be available without a bond issue. The monthly maintenance could be paid
through the assessment cost. For instance, $40 per household would cover the
annual maintenance cost. In his opinion, Summitridge Park is the best alternative
JANUARY 18, 2000 PAGE 4 COUNCIL STUDY
because it is currently in the hands of the City, which eliminates the need to
negotiate with the County.
CM/Belanger responded to Allen Wilson that a bond issue and an assessment
require two-thirds majority for approval.
Allen Wilson expressed concern about bond financing and the County's
involvement because D.B. has fought for many years to get much needed
equipment for the library. He would prefer to have an oversight committee
consisting of D.B. residents with no input from the County.
Bob Zirbes said he would be in favor of a bond issue. He preferred the
Summitridge Park site and if all facilities cannot be accommodated at that location,
perhaps the golf course site could be used to augment the facility. In this event,
perhaps the performing arts center and sports complex could be placed at the golf
course site. He would like the City to move forward as quickly as possible. He has
never been in favor of acquiring either the hospital site or the property at Grand
Ave. and Golden Springs Dr. He would be in favor of going forward with a bond
issue. However, it may be in the best interest of the City to wait a couple of months
to see what happens with the RDA issue.
Speaking in response to M/O'Connor, CM/Belanger indicated that the City would
not necessarily have to proceed with the assessment district in order to maintain
these facilities. These buildings could be maintained using current budget
calculations and still have an annualized fund balance of about $20,000.
Depending upon how this project is done, the City could still be able to maintain a
very high General Fund reserve. Due to the sensitive nature of this matter, he
advised that Council consider the choice of a site at its regular meeting. This type
of notice would give the public an opportunity to express their views. The outcome
of the RDA issue would not necessarily affect the choice of site. Therefore, there
would not be a need to wait to put the matter on the agenda.
C/Huff asked if the architect could make a public presentation representing how the
proposed facilities would look on the site. He also asked that the concerns of the
residents living adjacent to Summitridge Park about traffic and noise be addressed
in the presentation.
CM/Belanger stated that if part of the Council's consideration is to market this
facility for revenue purposes, location (the pocket park at the top of the hill) is
important. In addition, a panoramic view enhances that marketability. Buildings
in that area would not be visible to the adjacent Summitridge Dr. residents.
Residents in the tracts behind the Ralph's Market would be able to see the tops of
the buildings. The best site for a sports complex in the City is Site D.
JANUARY 18, 2000 PAGE 5 COUNCIL STUDY
ADJOURNMENT: There being no further business to conduct, Mayor O'Connor
adjourned the Study Session at 6:20 p.m. to the regular City Council Meeting.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
K
MINUTES OF THE CITY COUNCIL 410
REGULAR MEETING OF THE CITY OF DIAMOND BAR Ip
JANUARY 18, 2000 1A
CLOSED SESSION: 4:10 p.m., Room CC -2, South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar.
Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government
Code Section 54956.9) - City of Diamond Bar vs. State of California.
Present: Council Members Chang, Herrera and Huff.
MPT/Ansari was excused.
M/O'Connor was not present due to a potential conflict of interest relating to the
Lanterman Developmental Center Forensic Expansion Project.
Closed Session adjourned at 4:50 p.m.
STUDY SESSION: Called to order at 4:55 p.m., Room CC -2, South
Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar.
Present: Council Members Chang, Herrera, Huff and
Mayor O'Connor. MPT/Ansari was excused.
Cost, site, phasing and funding analysis of Proposed Community/Civic Center
Project.
Also present were: Terrence L. Belanger, City Manager; Mike
Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy
Public Works Director; Bob Rose, Community Services Director; Linda Magnuson,
Finance Director; Mike Nelson, Communications & Marketing Director and Lynda
Burgess, City Clerk.
Study Session adjourned at 6:20 p.m. to the Regular City Council meeting.
CALL TO ORDER: Mayor O'Connor called the regular City Council
meeting to order at 6:37 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Chang, Herrera, Huff, and
Mayor O'Connor. Mayor Pro Tem 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.
JANUARY 18, 2000 PAGE 2 CITY COUNCIL
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Carol Herrera.
INVOCATION: The Invocation was given by Reverend Randy
Lanthripe, Church in the Valley.
CM/Belanger announced that there was no reportable action taken as a result of the
Closed Session.
APPROVAL OF AGENDA: As presented.
3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented City Tile to Barbara Booth, Mt. San Antonio College Trustee -
Continued to a date to be determined.
3.2 Presented Certificate of Recognition to owners Mary and Charlie Ricotta of
Charlie's Sandwich Shoppe, Winner and National Finalist of the Restaurant
Neighbor Award '99', sponsored by the National Restaurant Association.
BUSINESS OF THE MONTH:
3.3 Presented City Tile to Steve and J. J. Dinkin, owners of Diamond Bar Tire
& Wheel.
3.13 CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Belanger reported that the annexation study requested by Council would be
presented at the February 15 meeting. Staff is conducting an analysis of the areas
included in the evaluation.
CM/Belanger stated that during tonight's study session, a discussion of the cost,
site, phasing and funding analysis of the proposed Community/Civic Center Project
centered primarily on the four sites that were recommended by the Civic Center
Task Force. Council has directed staff to place on the February 15, 2000 agenda
the matter of site selection.
CM/Belanger reported that, with respect to the roller hockey rink matter, staff met
with the current owner and negotiations for purchase of the rink continue. There
has been no conclusion of this matter to date.
CM/Belanger indicated that L.A. County is providing monies to assist in the
purchase of promotion materials related to a complete count for Census 2000 to
qualified cities. One of the pre -conditions for obtaining funding of slightly less than
$2,500 is to have a "Complete Count Committee" established in the City of D.B.
Staff will recommend that the Mayor rename the census committee "Complete
JANUARY 18, 2000 PAGE 3 CITY COUNCIL
Count Committee," which would qualify D.B. for the additional monies.
CM/Belanger reported that, with respect to the Lanterman Developmental Center
Expansion, the City has appealed the dismissal of all aspects of litigation that
occurred in the fall of 1999. The City believes that the issue of the Mitigated
Negative Declaration should not have been dismissed and has filed an appeal
arguing that fact and that there should have been a decision on the item. The City
has received an acknowledgment of the appeal. On January 7, 2000 the matter of
the motion for recovery of attorney fees was heard by the Superior Court of the
County of L.A. Regrettably, the City did not prevail in that matter. The City has
received notification from the State of a letter that went to the Joint Budget
Committee of the State Legislature, transmitted by the Department of Finance, that
outlines a new project being portrayed as a scope change to the Lanterman
Security Improvement Project. The State is proposing that the scope of the project
be changed to provide for 128 "behaviorally challenged beds" (severe behavioral
beds) at the Lanterman Developmental Center. The City has asked the State,
through its legal counsel via a Public Records Act request, for all information
related to this particular matter to assist the attorneys and staff in evaluating this
proposal and determining what kinds of recourse may be available in order to
challenge this submittal. Council has asked staff to prepare a letter directed to the
Budget Committee, which will outline the City's concerns related to this new
proposal.
4. PUBLIC COMMENTS: Dr. Larry Rhodes expressed concern about the
definition of "severe behavioral" vs. "forensic" and believed that the State is
proposing the same type of expansion that was previously requested. He asked the
Council to continue their efforts to prevent a forensic system.
Dick Farrell cited several reasons why he believed the State couldn't be trusted to
keep their promises.
Darla Farrell spoke about the deception by the State in the matter of the Lanterman
Expansion Project.
Sue Sisk spoke about the impact of the proposed Lanterman Expansion Project on
the community.
Jeff Koontz, Executive Director, D.B. Chamber of Commerce, reported on upcoming
Chamber events.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION - January 25, 2000 - 7:00 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
JANUARY 18, 2000 PAGE 4 CITY COUNCIL
5.2 PARKS & RECREATION COMMISSION - January 27, 2000 - 7:00 p.m.,
SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.3 CITY COUNCIL MEETING - February 1, 2000 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
5.4 TOWN HALL MEETING (Census 2000) - Saturday, February 26, 2000 - 9:00
a.m. - 12:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Huff seconded, to approve the
Consent Calendar. Motion carried by the following Roll vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Ansari
6.1 APPROVED MINUTES:
6.1.1 Regular Meeting of December 21, 1999 -As submitted.
6.1.2 Regular Meeting of January 4, 2000 - As submitted.
6.2 APPROVED VOUCHER REGISTER - dated January 18, 2000 in the amount
of $621,582.73. M/O'Connor recused herself from approval of the following
voucher register items due to potential conflict of interest related to the
Lanterman Developmental Center's Proposed Forensic Confinement
Compound Project: P.O. 9463 for $8,558.16.
6.3 REJECTED CLAIM FOR DAMAGES - Filed by Raul Gutierrez on December
16, 1999 and referred the matter for further action to the City's Risk
Manager.
6.4 APPROVED NOTICE OF COMPLETION FOR PARK IMPROVEMENTS AND
ADA UPGRADES FOR RONALD REAGAN AND HERITAGE PARKS - (A)
accepted the work performed by 4 -Con Engineering, Inc. and authorized the
City Clerk to file the Notice of Completion and release any retention amount
thirty-five days after the recordation date and; (B) approved a budget
adjustment of $4,860.29 from the unappropriated CDBG Fund balance.
6.5 APPROVED EXTENSION OF PURCHASE AUTHORIZATION FOR A-1
RENTALS - extended the authorization for purchases from A-1 Rentals to
$25,000 for FY 99/2000.
6.6 ADOPTED RESOLUTION NO. 2000-01: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING MASTER
AGREEMENT NO. 000453 AND PROGRAM SUPPLEMENT AGREEMENT
JANUARY 18, 2000 PAGE 5 CITY COUNCIL
NO. 0181 REV. 000 FOR GRANT FUNDS FOR THE REHABILITATION OF
LEMON AVENUE FROM GOLDEN SPRINGS DRIVE TO THE NORTHERLY
CITY LIMITS - and directed the City Clerk to forward the two original sets to
the State of California Department of Transportation for final execution.
6.7 ADOPTED RESOLUTION NO. 2000-02: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF
COUNTY LIGHTING MAINTENANCE DISTRICT 1006 AND COUNTY
LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND
BAR, PROJECT 443-129 (1-03499) - and directed the City Clerk to forward
two fully executed copies of the Resolution of the City Council's action to the
L.A. County Department of Public Works.
6.8 APPROVED AMENDMENT NO. 4 TO A PROFESSIONAL SERVICES
AGREEMENT WITH BONTERRA CONSULTING REGARDING
ENVIRONMENTAL SERVICES FOR PROPOSED VTM 52267 (SUNCAL) -
in the amount of $20,000.
6.9 APPROVED CONSULTING SERVICES AGREEMENT WITH
ENVIRONMENTAL IMPACT SCIENCES FOR ON-CALL ENVIRONMENTAL
SERVICES - in the amount of $20,000.
6.10 ADOPTED RESOLUTION NO. 2000-03: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR CONGRATULATING THE
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, ITS
EXECUTIVE OFFICER AND STAFF, LOS ANGELES COUNTY REGION,
FOR 50 YEARS OF DEDICATED SERVICE IN PROTECTING THE WATER
QUALITY IN LOS ANGELES COUNTY.
7. PUBLIC HEARINGS:
7.1 PUBLIC HEARING - RESOLUTION NO. 2000-04: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR
FISCAL YEAR 2000-2001 - The City has scheduled a public hearing to
discuss proposed programs and allocation of Community Development Block
Grant (CDBG) Funds. The City will receive approximately $372,858 in
federal funds as a participant in the 2000-2001 L.A. Urban County CDBG
Program. In addition, the City has $740,000 in unallocated funds, for a total
allocation of $1,112,858. The funds may be used for a variety of Community
Development Activities that develop a viable urban community, principally
for persons of low and moderate -income levels. The City may only allocate
15% or $55,929 of the 2000-2001 allocation toward community public
service programs. The public hearing is to solicit public testimony and
receive presentations from public service organizations and residents
JANUARY 18, 2000 PAGE 6 CITY COUNCIL
requesting funds.
M/O'Connor opened the Public Hearing.
Alison Meyers, Associate Branch Director, YMCA, asked the Council to
approve funding allocations in the amount of $34,000 for the After School
Child Care program and $15,000 for the Day Camp program.
Blanca Arrellano, Executive Director, Inland Valley Economic Development
Corp. outlined services provided to the community and thanked the Council
for the allocation as indicated in staffs report.
Priya Mohan, Services Center for Independent Living, thanked Council for
past funding. She explained the group's services and asked the Council to
consider providing funding for the 2000-2001 Fiscal Year.
Mike Goldenberg, DBIA, thanked the City Council, staff and volunteers for
their continuing support for the "Paint Our Town" program.
There being no further testimony offered, M/O'Connor closed the Public
Hearing.
C/Herrera requested that the Inland Valley request be paid out of some other
source of funds and $5,000 allocated to the Service Center for Independent
Living.
CM/Belanger stated that the allocations are categorized—the Service Center
for Independent Living is in a Public Service category, which has a cap of
15%. Inland Valley is in a different category and is not competing for the
same money. Staff will explore the possibility of using the Service Center for
Independent Living as a consultant on ADA projects and staff will report back
to Council on whether this approach is successful.
At the request of M/O'Connor, DCM/DeStefano clarified the location of the
proposed sidewalk construction near the golf course, which is proposed to
extend westerly from the golf course side at Racquet Club Dr. and connect
to the sidewalk in front of the Country Suites.
Following discussion, C/Huff moved, C/Chang seconded, to adopt
Resolution No. 2000-04 approving the City's Community Development Block
Grant Program for FY 2000-2001 and authorizing the City Manager to
execute all CDBG documents required for implementation of the program.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor
NOES: COUNCIL MEMBERS - None
JANUARY 18, 2000 PAGE 7 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - MPT/Ansari
8. OLD BUSINESS:
8.1 APPOINTMENTS OF COUNCIL REPRESENTATIVE TO THE DIAMOND
BAR COMMUNITY FOUNDATION - Under the provisions of the Articles of
Incorporation of the D.B. Community Foundation, five members of the Board
of Directors must be appointed by Council. The members must be residents
of D.B. To date, four applications for appointment have been received.
Additionally, four other individuals have requested and have had sent to
them, applications. In order to move this improvement part of the process
along, Council should review the applications already received and
encourage submittal of additional applications by other interested residents.
The appointment of the five members by Council is an essential step in the
board formation process. After the Council appointed Board Members are
appointed, the Council Member Board Member and the Parks and
Recreation Commission Board Member, along with the five new Board
Members, shall appoint the remaining four members of the Foundation
Board. (Continued from December 21, 1999)
CM/Belanger presented the following names for appointment to the Board
of Directors: Eileen Tillery, Andrew Wong, Dexter MacBride, Allen Wilson,
and Daniel Osaka.
C/Huff moved, C/Chang seconded, to approve appointment of the following
individuals to the D.B. Community Foundation Board of Directors: Eileen
Tillery, Andrew Wong, Dexter MacBride, Allen Wilson and Daniel Osaka.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Ansari
9. NEW BUSINESS:
9.1 FIRST READING OF ORDINANCE NO. 01(2000): AN ORDINANCE OF THE
CITY OF DIAMOND BAR ADDING NEW CHAPTER 5.09 ADOPTING BY
REFERENCE CHAPTER 7.16 OF TITLE 7 OF THE LOS ANGELES
COUNTY CODE PERTAINING TO AMBULANCES TO THE DIAMOND BAR
CITY CODE - Upon recent review of the Business License Section of the
City Code, it was determined that the provisions pertaining to licensing of
ambulances was inadvertently omitted prior to publication of the Code in
August 1995. Staff and the City Attorney have researched the provisions
currently in effect under Chapter 7.16 of the L.A. County Code and have
determined that adoption of the County's provisions would satisfy licensing
needs of the City with respect to ambulances. Second Reading of the
JANUARY 18, 2000
PAGE 8 CITY COUNCIL
Ordinance and discussion of adoption of a resolution establishing fees will
be scheduled for a Public Hearing on February 1, 2000.
C/Herrera moved, C/Chang seconded, to waive full reading and approve first
reading by title only Ordinance No. 01(2000) Adding New Chapter 5.09,
Adopting by Reference Chapter 7.16 of Title 7 of the L.A. County Code
Pertaining to Ambulances. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Ansari
9.2 RESOLUTION NO. 2000-04: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR APPROVING AMENDMENT ONE TO THE
TRES HERMANOS CONSERVATION AUTHORITY JOINT EXERCISE OF
POWERS AGREEMENT TO ADD A REPRESENTATIVE OF THE CITY OF
INDUSTRY AS AN EX -OFFICIO MEMBER - On October 25, 1999 the Tres
Hermanos Conservation Authority (THCA) adopted Resolution No. 99-2
extending an invitation to the City of Industry to participate as an Ex -officio
Member of the Authority. Industry is the majority property owner of the
undeveloped area commonly known as the Tres Hermanos Ranch located
within the incorporated boundaries of the City of D.B. and the City of Chino
Hills. On November 17, 1999 the City of Industry accepted the invitation to
participate. An amendment to the THCA Joint Exercise of Powers
Agreement is necessary in order to add the City of Industry as an ex -officio
member and by specifying that said ex -officio member is a non-voting
member.
Following discussion, C/Herrera moved, C/Chang seconded, to adopt
Resolution No. 2000-05 Approving Amendment One to the Tres Hermanos
Conservation Joint Exercise of Powers Agreement to add a representative
of the City of Industry as an Ex -Officio Member and authorized the Mayor to
execute the Supplemental Agreement. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - MPT/Ansari
RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City
Council Meeting to the Redevelopment Agency at 8:14 p.m.
RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council
Meeting at 8:16 p.m.
JANUARY 18, 2000 PAGE 9 CITY COUNCIL
10. COUNCIL SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS:
C/Chang stated that on January 6, he, Mayor O'Connor and Council Member Huff
met to discuss several issues with Supervisor Don Knabe including the possibility
of locating the Civic/Community Center at the golf course site and the proposed
annexation issue. He and other Council Members joined with the League of Calif.
Cities in attending the State Legislative meeting to discuss concerns about
maintaining local financial control. On January 13, he attended the Chamber's
Legislative meeting, during which the Lanterman matter was discussed.
C/Herrera reminded C/Huff that they have a 7:00 a.m. meeting tomorrow with
members of the Walnut School District. She spoke about the community's
disappointment with Clifford Allenby's broken promises related to communicating
future plans directly with her prior to submitting the project for Lanterman. Because
the City has learned a difficult lesson, the community needs to remain vigilant about
this matter. The Lanterman Advisory Committee will meet on Monday, January 31
at 7:00 p.m. at the SCAQMD. She recommended that meeting information be
posted on Channel 12's message board. She further recommended that the City
send a contingency of representatives to the Department of Public Works Board
presentation of the new proposed Lanterman Expansion Project on February 11.
C/Huff attended the Chamber's Legislative Breakfast as well as the Sacramento
tour. In response to Assembly Member Pacheco's aide asking what things D.B.
would like funding for, he indicated the Civic/Community Center. He, M/O'Connor
and C/Herrera. attended Congressman Miller's Town Hall Meeting at Heritage Park
last week. He reiterated his concern for the community to have a Coordinating
Council, which would provide membership to different ethnic groups, activity groups
and religious groups in the City and include two City Council representatives to
would meet quarterly to discuss matters of concern and share information about
events and activities.
Responding to M/O'Connor, CM/Belanger indicated that staff will prepare a report
and recommendation with respect to formation of a "Coordinating Council."
At the request of M/O'Connor, the Council concurred to change the name of the
"Census 2000 Committee" to "Complete Count Committee."
CM/Belanger stated that the Complete Count Committee will meet on January 26
to discuss items related to the census.
M/O'Connor gave the State of the City address before the Kiwanis Club on January
7. She encouraged organizations to request Council members to speak to their
groups. On January 11, she attended the Chamber mixer sponsored by ReMax.
She attended Congressman Miller's Town Forum on January 12. On January 13,
the Finance Committee met. On January 14, the Millennium Celebration Committee
met to discuss the December 31, 1999 event. Many attendees requested that the
City consider holding an annual event similar to the Millennium Celebration. She
JANUARY 18, 2000 PAGE 10 CITY COUNCIL
was interviewed by a DBHS student who was doing an analysis of the skate board
park's impact upon the environment. She reminded fellow Council Members that
Commission appointments expire on February 29. Persons interested in applying
for Commission positions should submit their applications to City Hall. This matter
is scheduled for the February 15 City Council agenda. She invited residents to
attend the Mayor's State of the City Breakfast on January 20. She requested that
tonight's meeting be adjourned in memory of Letitia Hull, who lost her battle with
cancer.
12. ADJOURNMENT: There being no further business to conduct, M/O'Connor
adjourned the meeting at 8:32 in memory of Letitia Hull.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGE`
l
RE: SUPPORT OF PROPOSITION 15 (MARCH 7, 2000)
DATE: FEBRUARY 1, 2000
RECOMMENDATION:
It is recommended that the City Council support Proposition 15, which is on the March 7,
2000 primary election ballot.
DISCUSSION:
Proposition 15 is a statewide ballot measure that, if passed, would provide funding to law
enforcement agencies for the repair, upgrade and build crime -solving forensic
laboratories. Proposition 15 creates the Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999. The proposed Act authorizes the issuance and sale of
$220,000,000 of general obligation bonds to pay for the building of new local forensic
laboratories and to repair and upgrade existing laboratories. If passed Proposition 15
would provide $100,000,000 for the building of a new regional forensic science center
(326,000 square feet in size), on the campus of Cal State University -Los Angeles. The
total cost of the new regional forensic center is estimated to $132,000,000. The passage
of this measure would lead to modernizing and providing the highest level of forensic
science services to the communities we serve, as well as, make law enforcement's job
more efficient.
RESOLUTION NO. 2000-
F DIAMOND BAR
A RESOLUTION OF THE CITY COUNCIL EHERTZBERG-POOLANCO FORENSIC PROPOSITION 15,
CRIME LABORATORIES CONSTRUCTION BOND ACT
WHEREAS, forensic laboratories collect, preserve, scientifically analyze
and interpret physical evidence and its presentation in court; and
WHEREAS, most crime laboratories in California are out of date, in
disrepair and lack updated technology; and
WHEREAS, without updated technology, evidence cannot be processed
fast enough. In some cases, this can result in the release of murderers, rapists
and other violent criminals, giving them opportunity to prey on other victims; and
WHEREAS, crime laboratories have such a backlog of cases that trials
often have to be delayed; and
WHEREAS, taxpayers can save money by shortening the time it takes to
bring cases to trial; and
WHEREAS, if approved, Proposition 15, the Crime Laboratories
Construction Bond Act, will generate $100,000,000 toward the funding of a new
state-of-the-art Los Angeles County regional crime laboratory/forensic science
teaching facility on the campus of CaliforniaceState iversity of Departments Los Angngeles e nd es
will be shared by the Los Angeles Y SherifPs
Police Department, California Highway Patrol and other police agencies; and
WHEREAS, the new regional laboratory will provide critical working space
to enhance the most advanced scientific analysis of forensic evidence, ensuring
that investigators can examine critical evidence
in backlogs; and that has
been compromised
due to sever overcrowding and overwhelming
WHEREAS, the Los Angeles County Sheriffs Department has requested
the support o Proposition 15, a bond measure that will generate $220,000,000 for
the construction of new local forensic laboratories and the remodeling of existing
forensic laboratories.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Diamond Bar hereby supports Proposition 15, the Hertzberg-Polanco Forensic
Crime Laboratories Construction Bond Act, and encourages voters to vote in
favor of Proposition 15 on March 7, 2000; and
BE IT FURTHER RESOLVED that the City Council of the City of Diamond
Bar hereby directs staff to publicize the Council's support of Proposition 15
through city newsletters, cable TV and other appropriate venues.
2000.
PASSED, ADOPTED AND APPROVED this day of
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the City Council of the City of Diamond Bar held on the
day of , 2000, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS.-
ABSENT:
EMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
REPAIR AND UPGRADE
OUR CRIME FIGHTING
FORENSIC LABS
Information Packet
TABLE OF CONTENTS
Proposition 15 - Repair and Upgrade Our Crime
Fighting Forensic Labs
Fact Sheet
* Frequently Asked Questions
Success Stories
* What People Are Saying about Proposition 15
Supporters of Proposition 15
REPAIR AND UPGRADE
OUR CRIME FIGHTING
FORENSIC LABS
Crime labs are essential to law enforcement's
ability to solve crimes. Most of the crime labs in
California suffer from a backlog of evidence that
can not be processed because the labs are out-of-
date and in disrepair. Proposition 15 will provide
funds to local law enforcement to upgrade, repair
and build crime solving forensic laboratories.
Upgraded crime labs will improve the analysis of
evidence, which identifies criminals and protects
the innocent and they will save taxpayers' money
by shortening the time it takes to go to trial.
PROPOSITION 15
We all witnessed the extensive problems associated with law enforcement's crime labs
during recent high profile trials. Over the past several years, a group of Scientific Services
representatives from the Sheriff's Department, California State University Los Angeles
(CSULA), the Los Angeles Police Department, and the California Criminalistics Institute of
the California Department of Justice have been meeting for a common goal of building a
new regional crime laboratory/forensic science teaching facility on the campus of CSULA.
The main obstacle is funding. A new forensic science center of this magnitude (a gross
area of 326,000 square feet) has been estimated to cost $132 million. If passed,
Proposition 15 will give $100 million toward this new regional center. This measure will
modernize and provide the highest level of forensic science services to the communities
we serve, as well as make law enforcement's job more efficient. Please take the time to
read the following fact sheet and help me educate the public as to the positive impact this
passed measure will have on their family and friends.
FACT SHEET
Proposition 15 creates the Hertzberg -Polanco Crime Laboratories Construction
Bond Act of 1999. This Act authorizes the issuance and sale of $220 million of
general obligation bonds to pay for the building of new local forensic laboratories
and to upgrade and repair existing crime -solving laboratories. The facts:
• The purpose of forensic laboratories is the collection, preservation, scientific
analysis and interpretation of physical evidence and its presentation in court.
Crime labs test DNA, blood samples, arson, explosives, ballistics, drugs
and other important data necessary to solve crimes.
• Most crime labs in California are out-of-date, in disrepair and lack updated
technology, which solves crimes faster. The California State Auditor says,"
...the degree of severe overcrowding in the laboratories is of major concern."
• Crime labs have such a backlog of cases that trials often have to be delayed.
Delays cost taxpayers money.
• The Legislative Analyst reports Proposition 15's fiscal impact to be approximately
$15 million per year over 25 years - less than 45 cents per Californian per year for
added public safety!
• Without updated technology evidence cannot be processed fast enough. In some
cases this can result in the release of murders, rapists and other violent
criminals, giving them the opportunity to prey on other victims.
• The money from Proposition 15 can only be used to renovate, repair
and build crime -solving laboratories. It can not be used for
administrative salaries.
• Proposition 15 will not raise California income taxes.
• Proposition 15 will lead to improvements in DNA tests which identify criminals
as well as improved equipment to identify blood alcohol content and reduce the
number of drunk drivers who go free.
• Proposition 15 will improve the analysis of evidence so that fewer innocent
people are charged with crimes.
• Proposition 15 will make it possible for police to identify, catch, convict and
punish criminals faster.
• Proposition 15 will create the Forensic Laboratories Authority within the
Department of Justice to serve as an independent body to consider applications
for funding the construction of new local forensic laboratories and the renovation of
existing local forensic laboratories.
• Hi -tech crime labs are essential in the prosecution of the vast majority of
murder, rape, drug and arson cases.
FREQUENTLY ASKED QUESTIONS
a 1W
What is a "forensic crime laboratory?"
Forensic labs are an important part of law enforcement. After a crime has been
committed, evidence, such as fingerprints and blood samples, is sent to
laboratories which collect, analyze and interpret evidence. These labs provide
results for fingerprint examination, toxicology, bodily fluids from sexual assaults,
blood alcohol content, arson, explosives, ballistics, drug analysis, and DNA
identification and testing.
Why is more funding necessary for crime labs?
Local law enforcement does not have the resources they need to fight crime
effectively. The State Auditor says, "Without adequate facilities, laboratories may
experience a greater risk of evidence contamination, compromised efficiency... and
health and safety problems ... the degree of severe overcrowding in the laboratories
is of major concern." There are more than 1.5 million arrests each year in California.
Local law enforcement officials rely on forensic labs to help solve these crimes.
Currently, crime labs are overcrowded and underfunded.
Why is the passage of Proposition 15 so urgent?
There is no other money available to pay for crime lab construction or repair. The
money will provide more high-tech crime solving equipment to local crime labs.
Better equipment will result in more accuracy and will speed up the analysis of
crime evidence to convict the guilty and exonerate the innocent. Proposition 15 will
pay for improved equipment to identify blood alcohol content and reduce the
number of drunk drivers who go free, as well as lead to improvements in DNA tests
which identify criminals.
How much money will be invested in our crime labs if Proposition 15 is passed?
Proposition 15 will provide $220 million for new construction, repairs and upgrades
of our public forensic crime laboratories.
How does Proposition 15 ensure the money will be spent wisely?
According to the Legislative Analyst's Office, a new, independent seven -member
Forensic Laboratories Authority created by the measure, would consider
applications and award the bond monies to local governments for the construction
of new, and the renovation of existing, laboratories.
Can Proposition 15 funds be used for administrative salaries?
No money may be used for administrative salaries. Monies may only be used to
repair, update and build crime -solving labs.
Is Proposition 15 the best way to pay for crime lab improvements?
Why not just allocate money from the state's general fund on an annual
basis to pay for new crime labs? `� ! ;0
Selling bonds is a highly efficient way for the state to pay for major capital
development like crime labs. These forensic laboratories will be in use Ic n g afte
the bonds are repaid. For these bonds, the state would make principal a ld inter est
payments from the state's General Fund over a period of 25 years. According tc the
Legislative Analyst's Office, the average payment would be about $15 million PE
year -less than 45 cents for each Californian each year.
Will Proposition 15 be the only source of money for crime lab construction and
repairs?
No. In order to receive funds from Proposition 15, a local government must prov de
10 percent of total project costs. The governing body of the local government m ist
also agree to pay the ongoing operating cost of the laboratory.
Can private crime labs provide the same service at a lower cost?
Californians depend on their local government for public safety and protection
against crime. There are only a handful of private crime labs in California and th ase
are used to crosscheck and provide second opinions in questionable cases.
CRIME LABS WORK FOR CALIFORNIANS!
Los Angeles County Sheriffs Department Success Stories
Homicide: Crime Lab Utilizes DNA to Identify Suspect
* A 19 -year-old female murder victim was found dead, bound and gagged in the
garage of the townhouse where she lived with her common-law husband. There
had been a long history of spousal abuse, and, in fact, the husband was under
house arrest for such and was wearing an electronic ankle collar that allowed him to
go to work during the day. The husband was believed to be the murderer, and the
deputy district attorney was prepared to file the case. However, RFLP DNA
analysis performed on a semen sample collected from the victim eliminated the
husband as a donor of the sample. Eventually, a roommate who had been asked to
move out of the residence a week before the murder and had not been considered
to be a suspect was identified as the donor of the semen stain. Upon being
confrontedwith the DNA evidence, the suspect, who had originally denied any
knowledge of the crime, changed his story. He now admitted to killing the victim,
but instead that the sex had been consensual, and he had killed her in order to keep
her quiet about the affair. By denying that the murder had been committed during
the course of a sexual assault, the suspect would not qualify for special
circumstances. Based upon other evidence collected at the scene by Barbara
Johnson, a lead criminalist in the DNA section, the suspect was convicted of
murder with special circumstances.
Identifying the South Bay Child Molester: How DNA and Sex Registrant Files
Work Together
During the first half of 1996, the South Bay area of Los Angeles County
experienced a series of child kidnaping and molestations. A multi -agency task
force was formed, including the Los Angeles County Sheriffs Department and the
Los Angeles, Hawthorne and Inglewood Police Departments. The DNA section of
the crime lab determined early on that the same individual was responsible for the
molestations.
In reviewing an unrelated child molestation case, Sergeant John Yarbrough, a
criminal profiler with the Los Angeles Sheriffs Department, identified similarities
between the South Bay Molester and the man accused of molesting two young
boys. The subject was Billy Lee Mayshack of South Los Angeles.
Mayshack's reference blood sample was analyzed by the California
Department of Justice DNA lab. His blood had been collected as part of
the 290.2 P.C. registrant legislation. (DNA profiles from forensic
evidence can now be compared to reference samples from sexual/vio
offenders throughout the United States.) These results were compare
LO the DNA profile obtained from the semen evidence. Based on this
comparison, a search warrant was obtained for a new reference blood
sample that was directly compared to the evidence by the crime lab.
Mayshack's DNA profile matched the sexual assault evidence collected from four
victims, ages 7-10. The DNA profile would be expected to be found in one in two
trillion males.
Faced with a possible sentence of 1,910 years, Mayshack pled guilty and was
sentenced to 98 years in prison.
Pieces of the Puzzle: Using DNA Testing to Solve a Murder
1r One physical evidence case of interest involved the death of a woman who was
found in the California Aqueduct system. The report of a woman's disappearance
under special circumstances led to an investigation by Sheriffs personnel.
Evidence collected at the missing woman's apartment included two broken
fingernail pieces found on the floor of the residence, which showed signs of a
struggle. One of the pieces found at the residence was also observed to have
blood/tissue on the underside, possibly from the suspect. The victim recovered
from the aqueduct (subsequently identified as the woman whose apartment showed
signs of struggle) was observed to have two fingernails that were broken and
missing pieces. A physical match was performed on the fingernail pieces in which
they were matched to two of the victim's fingers that were missing pieces of
fingernails. This "physical match," like pieces from a jig -saw puzzle, fit together,
proving the fingernail pieces found at the apartment had come from the victim's
fingers. PCR/DNA work identified the victim's estranged husband's blood on the
underside of one of the fingernail pieces. This and other evidence led to the
successful prosecution of the victim's estranged husband for murder.
WHAT PEOPLE ARE SAYING
ABOUT PROPOSITION 15
"Proposition 15 will provide California's crime labs with the tools to identify
repeat child molesters, serial rapists and dangerous murderers. The next
crime victim this would keep safe could be you."
Susan Fisher, Doris Tate Crime Victims Bureau
"Modern, well -staffed adequately funded forensic labs are an essential
part of law enforcement."
Nick Warner, California State Sheriffs' Association
"The effectiveness of California law enforcement is tied directly to the
quality and efficiency of the forensic laboratories which analyze the
evidence taken at the crime scene. Good forensics helps to assure that
the innocent go free and the guilty are convicted."
Michael Rushford; Criminal Justice Legal Foundation
"Tens of thousands of blood and saliva samples sit in refrigerators at a
Department of Justice lab in Berkeley, where officials struggle to build a
DNA database capable of tracking and catching the state's worst
criminals. But criminalists have profiled only 65,000 of the 120,500
samples forwarded from prisons and county jails."
San Francisco Chronicle, 10/19/99
"We all witnessed the extensive problems associated with law
enforcement's crime labs during the O.J. Simpson murder trial. This
measure is an opportunity to ensure that problems like those will never
happen again in the State of California."
Sheriff Leroy D. Baca, County of Los Angeles
"Crime labs are a crucial but often neglected tool of modern law
enforcement. Unfortunately, we're not giving our labs the
equipment and the working space they need to do the job."
Assembly Member Robert Hertzberg
"The chronic lack of space in crime labs, contributes to backlogs, Inhibits
proper analysis of evidence and obstructs justice. Proposition 15 would
provide the funding to solve these problems."
Police Chief Bernard Parks, Los Angeles Police Department
"Funding for crime labs will result in the positive identification of more
rapists and murderers who are currently going free."
Harriet Salarno, Crime Victims United of California
"Evidence that could imprison the guilty or free the innocent is languishing
on shelves and piling up in the refrigerators of the USA's overwhelmed
and underfunded crime labs."
USA Today, 8/20/96
"Crucial DNA evidence that could identify suspects in hundreds of
unsolved Orange County rapes has never been analyzed because the
cases are considered low priority in the backlogged Sheriffs Department
crime lab, records show... Except for a few high-profile cases, the Orange
County sheriffs crime lab has not analyzed DNA samples for rapes
without suspects in a decade, officials said."
Orange County Register, 11/14/99
SUPPORTERS OF PROPOSITION 15
(Partial List as of January 6, 2000)
ASSOCIATIONS AND ORGANIZATIONS
Association of Conservation Employees
Association of Criminalists - DOJ
Association of Deputy Criminalists
Association of Deputy Commissioners
Association of Motor Carrier Operations Specialists
Association of Motor Vehicle Investigators of California
Association of Special Agents - DOJ
California Association of Crime Laboratory Directors
California Association of Criminal Investigators
California Association of Food and Drug Investigators
California Association of Fraud Investigators
California Association of Regulatory Investigators and Inspectors
California Association of State Investigators
California Chamber of Commerce
California Correctional Peace Officer's Association (CCPOA)
California Department of Forestry Firefighters
CHP -Radio Dispatchers Association
California Organization of Food and Agriculture Inspectors
California Organization of Licensing Registration Examiners
California Organization of Police and Sheriffs
California Peace Officers Association
California Police Chiefs Association
California Professional Firefighters
California State Firefighters Association
California State Sheriffs' Association
California Union of Safety Employees (CAUSE)
Citizens for Law and Order
Committee on Moral Concerns
California Peace Officers Association
California Police Chiefs Association
California Professional Firefighters
California State Firefighters Association
California State Sheriffs' Association
El Dorado County Deputy Sheriffs Association
Fish and Game Warden's Protective Association
Fire Marshall's and Emergency Services Association
Hospital Police Association of California
Irvine Chamber of Commerce
SUPPORTERS OF PROPOSITION 15
(Partial List as of January 6, 2000)
Los Angeles Police Protective League
No-thern Alliance Law Enforcement
Officer's Association of the Former California State Police
Sacramento County Deputy Sheriffs Association
Sacramento County Probation Association
Sacramento Police Officer's Association
Stanislaus County Deputy Sheriffs Association
State Employed Fire Fighters Association
State Parks Peace Officers of California
VICTIMS RIGHTS ORGANIZATIONS
Crime Victims United of California
Doris Tate Crime Victims Bureau
Mothers Against Sexual Abuse
National Center for Missing and Exploited Children, California Chapter**
Survivors of Murder Victims
INDIVIDUALS
Sheriff Lee Baca, Los Angeles County
Sheriff Lou Blanas, Sacramento County
Assembly Member Jim Cunneen
Governor Gray Davis
Ed Edelman, Former Los Angeles County Supervisor
Senator Dianne Feinstein
District Attorney Gil Garcetti, Los Angeles County**
Los Angeles City Attorney, James K. Hahn
District Attorney Terence Hallinan, San Francisco County
Sheriff Michael Hennessey, San Francisco County
Assembly Member Robert HertzbErg
Sheriff Don Horsley, San Mateo County
District Attorney George Kennedy, Santa Clara County
Attorney General Bill Lockyer
Deputy District Attorney Kelly M. O'Haire, Marin County
District Attorney Thomas J. Orloff, Alameda County
Chief of Police Bernard Parks, Los Angeles
District Attorney Paul Pfingst, San Diego County
SUPPORTERS OF PROPOSITION 15
(Partial List as of January 6, 2000)
Sheriff Charles C. Plummer, Alameda County
State Senator Richard Polanco
District Attorney Tony Rackauckas, Orange County
State Senator Richard Rainey
District Attorney Todd D. Riebe, Amador County
Sheriff Warren E. Rupf, Contra Costa County
District Attorney Jan Scully, Sacramento County
State Senator Jackie Speier
District Attorney Dennis Stout, San Bernardino County
Assembly Member Tom Torlakson
District Attorney Gary T. Yancey, Contra Costa County
** Indicates verbal commitment
CITY OF DIAMOND BAR
AGENDA REPORT
AGENDA NO. 7.1
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 27, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: RESOLUTON NO. 2000 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES AND CHARGES FOR
SERVICES PROVIDED BY AMBULANCES IN THE CITY OF DIAMOND BAR
SUMMARY: On January 18, 2000, the City Council approved First Reading of Ordinance No. 01 (2000)
adding new Chapter 5.09 and adopting by reference, Chapter 7.16 of Title 7 of the Los Angeles County Code
pertaining to ambulances. The purpose of adding the proposed Chapter 5.09 is to correct an omission from
the City's Municipal Code that took place when the Code was adopted by the City on July 25, 1995. Even
though this section was omitted from the City's Code, the County has continued to license ambulances on
behalf of the City of Diamond Bar throughout the entire life of the City and has charged those rates established
by the County from time th time. The proposed rates, fees and charges are the same as those being charged
by the County of Los Angeles as of December 15, 1999,
A Public Hearing has been advertised and is scheduled to be held on February 1, 2000 for the purpose of
seeking public testimony as to adoption of the Resolution establishing rates, fees and charges.
RECOMMENDATION: It is recommended that the City Council open the Public Hearing, receive testimony,
close the Public Hearing and adopt Resolution No. 2000 -XX Establishing and Adopting a Schedule of Rates,
Fees and Charges for Services by Ambulances.
LIST OF ATTACHMENTS: _ Staff Report X Public Hearing Notification
X Resolution(s) _ Bid Specification (on file in City Clerk's office)
_ Ordinance(s) _ Other:
_ Agreement(s)
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been reviewed
X Yes
No
by the City Attorney?
2. Does the report require a majority vote?
X Yes
No
3. Has environmental impact been assessed?
_ Yes
X No
4. Has the report been reviewed by a Commission?
Yes
X No
Which Commission?
5. Are other departments affected by the report?
Yes
X No
Report discussed with the following affected departments:
REVIEWED BY: DEPARTMENT HEAD:
11 U
Terrence L. Belan
City Manager
Lynda Burgess
City Clerk
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING AND ADOPTING A SCHEDULE OF RATES, FEES AND CHARGES
FOR SERVICES PROVIDED BY AMBULANCES IN THE CITY OF DIAMOND BAR
A. Recitals.
(i) The City Council for the City of Diamond Bar has heretofore
established various schedules of rates, fees and charges.
(ii) The City of Diamond Bar is authorized to adopt and implement rates,
fees and charges for municipal services.
(iii) This City Council desires to adjust the rates, fees and charges and to
implement new rates, fees and charges for ambulance services provided by the City of
Diamond Bar as set forth herein.
(iv) The City Council conducted and concluded a duly noticed public
hearing with respect to the rates, fees and charges prior to the adoption of this Resolution.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
1. In all respects as set forth in the Recitals, Part A of this Resolution.
2. The rates, fees and charges set forth in Exhibit "A," as further described
below, are hereby adopted and approved as the rates, fees and charges for the services
identified for each such rate, fee and charge.
3. The rates, fees and charges set forth in Exhibit "A" and each of them,
shall be effective upon the effective date of Ordinance No.
PASSED, APPROVED AND ADOPTED this day of
Mayor
991208 11391-00001 sas 7860646a(0)
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 , by the
following Roll Call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
LYNDA BURGESS, City Clerk
City of Diamond Bar
991208 11391-00001 sas 7860646a(0) — 2 —
EXHIBIT A
CITY OF DIAMOND BAR
AMBULANCE RATES, FEES AND CHARGES
I.
Rate Schedule For Ambulances.
A.
An ambulance operator shall charge no more than the following rates for
one patient:
1. Response to call with equipment and personnel
at an advanced life support (ALS) level
$482.75
2. Response to call with equipment and personnel
at a basic life support (BLS) level
$295.50
3. Code 3 used during response or transport
per incident
$ 77.50
4. Code 2 used during response or transport
per incident
$ 30.75
5. Mileage Rate: each mile or fraction thereof
$ 11.25
6. Waiting Time: for each 15 minute period or
fraction thereof after the first 15 minutes of
waiting time at the request of the person
hiring the ambulance
$ 30.75
7. Standby Time: the base rate for the
prescribed level of service and, in addition,
for each 15 minute period or fraction thereof
after the first 15 minutes of standby time
$ 30.75
B.
This section does not apply to a contract between the ambulance operator and the
County where different rates or payment mechanisms are specified.
II.
Special Charges.
A.
An ambulance operator shall charge no more than the following rates for special
ancillary services:
1. Request for service after 7:00 p.m. and before
7:00 a.m. of the next day will be subject to
an additional maximum charge of
$ 50.50
991208 11391-00001 sas 7860646a(0)
IQ
C.
2.
Persons requiring oxygen shall be subject to
an additional maximum charge per tank or
fraction thereof of
$ 38.50
3.
Backboard, splints, KED
$ 30.50
4.
Traction Splints
$ 54.50
5.
Transport: non company staff medical
personnel, first one-half hour
$ 19.50
6.
Neonatal Transport
$116.00
7.
Ice packs
$ 16.50
8.
Bandages, dressings
$ 16.50
9.
Oxygen cannula/mask
$ 16.50
10.
Cervical Collar
$ 27.25
11.
Obstetrical kit
$ 29.50
12.
Burn kit
$ 29.50
13.
Nurse critical care transport
$138.50
per hour
14.
Volume Ventilator
$104.50
15.
Respiratory Therapist for the first three hours
$157.00
and $78.25 per hour after the first three hours
16.
Pulse Oximeter
$ 52.50
17.
Infusion Pump (per line)
$ 52.50
Helicopter support response: an operator may charge all service and supply
charges that would apply if the call was a land-based response
Where other special services are requested or needed by a patient or authorized
representative thereof; a reasonable charge commensurate with the cost of
furnishing such special service may be made, provided that the ambulance
operator shall file with the Director of the Department of Health Services a
schedule of each special service proposed and the charge therefor, which charge
shall be effective unless modified, restricted, or denied by the Director of the
991208 11391-00001 sas 7860646a(0) -4
Department of Health Services. Special services are defined as services
provided to a patient that are unique and individual to a specific patient's
needs, and are performed on a limited basis.
Charges for special services provided to patients that are new services, but will
become an industry standard, must be reviewed and a rate commensurate with
the service developed prior to ambulance operators charging such rate to the
general public. Such rates shall not be charged to patients until approved by the
Board.
D. The above sections do not apply to a contract between an ambulance operator
and the County where different rates or payment mechanisms are specified.
991208 11391-00001 sas 7860646a (0) - 5 -
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO .'
TO: Honorable Mayor and Members of the City Council
MEETING DATE: February 1, 2000 REPORT DATE: January 24, 2000
FROM: Terrence L. Belanger, City Manager
TITLE: SOLID WASTE AND RECYCLING COLLECTION
SUMMARY: On January 4, 2000 the City Council requested additional information
regarding its decision-making options, and instructed staff to prepare draft bid
specifications (i.e., a Request for Proposal) for a contractor to solely provide integrated
waste management services within the City.
Four pathways have been identified for consideration:
1. Stay with its open -permit system,
2. Negotiate with one or more haulers to implement a single -service provider,
3. Negotiations failing, proceed with an open bid process to select a single -service
provider, or,
4. Proceed directly with an open bidding process to select a single -service provider.
RECOMMENDATION: It is recommended that the City Council review the attached
report and bid specifications and direct staff as appropriate.
LIST OF ATTACHMENTS: X Staff Report
Notification
_ Resolution
_ Ordinance
Public Hearing
X Bid Specification
_ 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:
REVIE ED BY:
Terrence L. Belar JZ6es DeStef no Davi G. iu
City Manager tle Deputy City Manager Deputy Director of Public Works
CITY OF DIAMOND BAR
MEMORANDUM
DATE: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: SOLID WASTE AND RECYCLING COLLECTION
Background
This staff report adds important information and documentation requested by City Council at the
January 4, 2000 City Council Meeting. Council requested additional information about its
decision-making options, and instructed staff to prepare draft bid specifications (i.e., a Request for
Proposal or RFP) for a contractor to solely provide integrated waste management services within
the City of Diamond Bar. This discussion addresses the requests and fulfillment of instructions.
Discussion
At the January 4, 2000 meeting of the City Council of Diamond Bar, Council made information
requests of staff, and instructed staff to come back at the first meeting of February with draft bid
specifications (RFP) for a contractor to solely provide integrated waste management services
within the City of Diamond Bar in the event that it decided to vote for implementing an exclusive
hauling arrangement. The requests for information included a legal determination of whether a
Notice of Discontinuance with respect to solid waste services had been lawfully prepared and
distributed to affected parties, and delineation of a fourth pathway for Council to take with regards
to its decision-making about selection of a single -service provider. In the event that a single -
service provider system was decided as the appropriate pathway for the City, Council instructed
staff to prepare a draft bid specification (RFP) for its consideration.
With regards the Notice of Discontinuance, the City Attorney is of the opinion that in the event that
the City does decide to conduct open bidding or negotiation and that a hauler other than an
existing permitted hauler is selected, that only Waste Management fulfills the conditions for a five-
year notice provision as allowed by California law.
Concerning Council options, staff had previously identified three pathways:
1. Stay with its open -permit system;
2. Negotiate with one or more haulers to implement a single -service provider; or,
3. Negotiations failing, proceed with an open bid process to select a single -service provider.
It was presented and discussed at the meeting that Council could decide to go directly to bid. To
reflect this action accurately, Council requested that its options be fully delineated into four paths.
Therefore, pathway four is identified as follows:
4. Proceed directly with an open bidding process to select a single -service provider.
Staff Report to council
February 1, 2000
Page 2 of 3
The schedules for each pathway are identified below:
Legend: CC - City Council; mtg - meeting; SSP - single service provider
To assist in its decision-making process, staff has responded to the Council request to prepare a
draft bid specification or RFP for a single -service provider for Diamond Bar. This draft RFP is
attached, and it could be used to undertake options 2 through 4 to assist in selecting a single -
service provider. The draft RFP contains all proposal requirements that any respondent would
need to meet in order to be considered qualified and eligible for selection. In addition, it is
common practice for RFPs to contain Agreement terms so that any prospective bidder may fully
understand the requirements of providing service to Diamond Bar, and better respond to the
provisions of the RFP.
Financial Impact
Depending upon the decision of the City Council, there could be little or significant financial impact
to the City. In the event that the Council chooses to retain the existing open permit system, there
is no additional financial impact other than that already budgeted.
If the Council chooses to select a single service provider under pathways 3 or 4, there is a
financial impact. Based on information obtained from other cities, the process of selection of a
single -service provider can cause the City to bear significant cost and resources. The City must
Schedule of Activities
Option
Jan
Feb
Mar A I May June July through December
1
CC mtgs
CC mtg
2/1
No further action; permit system continues
keeps
with implementation of new code requirements;
open
expected roll out deadline of 7/1 for all permittees
permit
system
2
CC mtgs
CC mtg 2/1 to go
CC
Continue
Other existing
to SSP system &
pens new
outreach &
permits expire
Single hauler starts roll out 7/1;
successful
contract
PR re: new
6/30
assumes that SSP is principle hauler.
negotiation with
4/1
system
hauler(s)
3
CC mtgs
CC mtg 2/1 to go
Receive and
Select best
CC pens new
Single or double service provider
to SSP system but
evaluate
bid 5/15;
contract 6/20;
arrangement depending on who
unsuccessful
proposals
final
other existing
receives contract for refuse hauling in
negotiation with
submitted
contract
permits expire
City; discontinued hauler, if any, will
hauler(s); send
by 4/30
by 6/1
6130
be able to haul under permit for a
out RFP 3/1
period of no less than five years from
notice of discontinuance, if all permit
conditions met; roll out begins 7/1
4
CC mtgs
CC mtg 2/1 &
Receive and
Select best
CC pens new
Single or double service provider
decide to send out
evaluate
bid 5/15;
contract 6/20;
arrangement depending on who
RFP 3/1 w/o
proposals
final
other existing
receives contract for refuse hauling in
negotiation with
submitted
contract
permits expire
City; discontinued hauler, if any, will
any hauler
by 4/30
by 6/1
6/30
be able to haul under permit for a
period of no less than five years from
notice of discontinuance, if all permit
conditions met; roll out begins 7/1
Legend: CC - City Council; mtg - meeting; SSP - single service provider
To assist in its decision-making process, staff has responded to the Council request to prepare a
draft bid specification or RFP for a single -service provider for Diamond Bar. This draft RFP is
attached, and it could be used to undertake options 2 through 4 to assist in selecting a single -
service provider. The draft RFP contains all proposal requirements that any respondent would
need to meet in order to be considered qualified and eligible for selection. In addition, it is
common practice for RFPs to contain Agreement terms so that any prospective bidder may fully
understand the requirements of providing service to Diamond Bar, and better respond to the
provisions of the RFP.
Financial Impact
Depending upon the decision of the City Council, there could be little or significant financial impact
to the City. In the event that the Council chooses to retain the existing open permit system, there
is no additional financial impact other than that already budgeted.
If the Council chooses to select a single service provider under pathways 3 or 4, there is a
financial impact. Based on information obtained from other cities, the process of selection of a
single -service provider can cause the City to bear significant cost and resources. The City must
Staff Report to Council
February 1, 2000
Page 3 of 3
expect to provide for an adequate review of any submitted information, and perform its due
diligence of any entity proposing a single -service provider arrangement. The City will need to
expend time and money on attorney fees, consultant fees, and staff time necessary to properly
select a single service provider that best fits the needs and requirements of the community.
It is estimated that to fulfill the requirements of the selection process, it may require up to $50,000
in fees. To address this cost impact, the proposed Agreement includes a provision that a selected
service provider must reimburse the City up to $50,000 to cover these expenses.
Prepared by David G. Liu/J. Michael Huls
k
CITY OF DIAMOND BAR
REQUEST FOR PROPOSAL
FOR
INTEGRATED WASTE MANAGEMENT SERVICES
2000
NOTICE OF AVAILABILITY OF REQUEST FOR PROPOSAL
AND MANDATORY PRE -PROPOSAL CONFERENCE
The City of Diamond Bar requests technical and cost proposals for (1) the collection, transfer,
processing, recycling, and disposal of barrel -served residential refuse, and bin -served residential,
and commercial -industrial (CI) sector refuse, and (2) the collection, processing, and marketing of
residential and CI -sector recyclables and green waste. Included with these specific technical
services will be a requirement to provide other ancillary programs.
A copy of the Request for Proposal can be obtained from the Deputy Director of Public Works,
21660 East Copley Drive, Suite 190, Diamond Bar, California 91765. Copies are provided at
cost, and can be purchased for $, using check or money order (no cash or credit
cards accepted), payable to the CITY OF DIAMOND BAR.
A mandatory pre -proposal conference will be held on at 10:00 a.m. at South
Coast Air Quality Management District, Room CC -2, 21865 East Copley Drive, Diamond Bar,
CA 91765.
Proposals will be received until 4:00 p.m. on . For further information, contact
David G. Liu, P.E., Deputy Director of Public Works, at 909.3 96.567 1.
CITY OF DIAMOND BAR
REQUEST FOR PROPOSAL
FOR
INTEGRATED WASTE MANAGEMENT SERVICES
TABLE OF CONTENTS
Description Page
OVERVIEW OF THE REQUEST FOR PROPOSAL
1
Section 1 RFP Schedule
2
Rights of the City of Diamond Bar
2
Project Background and Administration
3
Section 2 Required Proposal Format
4
Section 3 Integrated Refuse Management Specifications
6
SERVICES PROVIDED BY SELECTED SERVICE PROVIDER
6
A. GENERAL AND IMPLEMENTATION PLAN
6
B. SINGLE-FAMILY RESIDENTIAL (SFR) SECTOR
7
C. MULTI -FAMILY RESIDENTIAL SECTOR
7
D. COMMERCIAL -INDUSTRIAL SECTOR
7
E. RECYCLING SERVICES
g
F. CITY FACILITIES
9
G. CoMMUNITY PARTICIPATION
9
H. PUBLIC EDUCATION AND OUTREACH
9
I. CITY FEES
10
LEGAL REQUIREMENTS
11
A. PERFORMANCE DEPOSIT AND OTHER FEES
11
B. OWNERSHIP OF WASTE
11
C. ANNUAL REVIEW
11
D. TERM OF FRANCHISE
11
E. PERMITS, LICENSES, AND INSURANCE
12
REPORTING AND COMPLIANCE WITH LOCAL, STATE AND
12
FEDERAL MANDATES
A. MONTHLY REPORTS
12
B. ANNUAL REPORTS
12
C. AD HOC REPORTS
12
INDEMNIFICATION (CERCLA)
12
COLLECTION EQUIPMENT
12
SPECIAL WASTES (USED OIL, HHW, HOLIDAY TREES, CONSTRUCTION 13
AND DEMOLITION WASTES, TIRES, AND BULKY ITEMS)
AND ENVIRONMENTAL COMPONENT
A. USED OIL
13
B. HOLIDAY TREES
13
C. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
13
D. TIRE RECYCLING
13
E. BULKY ITEM PICK-UP
13
F. ENVIRONMENTAL COMPONENT
14
Diamond Bar RFP i
January 26, 2000
G. HOUSEHOLD HAZARDOUS WASTE (HHV) 14
H. DISASTER PREPAREDNESS 14
TRANSFER STATION AND MRF CAPABII,ITIES 14
DISPOSAL CAPACITY 15
Section 4 Proposal Evaluation Criteria 15
Section 5 Selection Process 17
Section 6 Existing Ordinances, Draft Contract, and Resolutions is
Section 7 Other Related Information 18
DESCmmoN OF SERVICE AREA 18
CURRENT SERVICE DATA 19
CURRENT RATES 19
AB 939 PROGRAMS 19
cnamona Bar tcpY ii January 26, 2000
Diamond Bar RFP
REQUEST FOR PROPOSAL FOR INTEGRATED
WASTE MANAGEMENT SERVICES
Overview of the Request for Proposal
The City of Diamond Bar (City) is requesting proposals from qualified solid waste and recycling
companies to provide residential and commercial -industrial sector solid waste and recycling
services for a period of at least five (5) years. These services are summarized in the table below
and described in detail in subsequent sections of this RFP.
Through this procurement process, the City declares its intention to maintain reasonable rates
and the highest level of service for the collection, transfer, processing, waste prevention and
disposal of residential and commercial/industrial sector wastes generated within the City limits.
Written questions will be accepted up to twenty-four (24) hours prior to the mandatory pre -
proposal conference that will be held at the City of Diamond Bar at South Coast Air Quality
Management District, Room CC -2, 21865 East Copley Drive, Diamond Bar, CA 91765, on
Page I
Single Family Residences (M) — 4 units or
Curbside yard waste collection
less, and barrel -served town homes and condos
Alternative barrels of 35 to 96 gallon capacity with rate incentive
Additional refuse barrels with surcharge (variable rate)
Holiday tree collection
Home composting program
Quarterly bulky items pick-up (Citywide)
On-call bulky item pick-up
H1 -1W collection for fee
Residential recyclables curbside collection
Used oil and used oil filter curbside collection
Public education and outreach services
Senior program and discount
ReportiM
Multi -Family Residences (MFR) — all bin-
Mandated recycling program(s)
served complexes included
Public education and outreach services
HHW collection for fee
Quarterly bulky item collection
Holiday tree collection
Reporting
Commercial — Industrial Accounts includes all
Mandated recycling program(s) for generators
temporary roll off services
Expansion of recycling activities
C&D debris recycling
Waste prevention education
Reporting
City Facilities including parks, buildings,
Refuse collection
government structures, and litter containers
Recyclables collection
Yard waste collection
Special event services
Litter disposal
Illegal damping disposal
Through this procurement process, the City declares its intention to maintain reasonable rates
and the highest level of service for the collection, transfer, processing, waste prevention and
disposal of residential and commercial/industrial sector wastes generated within the City limits.
Written questions will be accepted up to twenty-four (24) hours prior to the mandatory pre -
proposal conference that will be held at the City of Diamond Bar at South Coast Air Quality
Management District, Room CC -2, 21865 East Copley Drive, Diamond Bar, CA 91765, on
Page I
B.I..nd tar RFP
at 10:00 a.m. As appropriate, answers will be provided at the Conference.
Written responses will be provided to every attendee of the pre -proposal conference. Written
responses will govern. Communications regarding this solicitation should be done exclusively
through the Department of Community and Development Services, key contact David G. Liu,
P.E., Deputy Director of Public Works, who can be reached at 909.3 96.567 1.
RFP Schedule
Activity Milestone
Mailing of RFP packages March 1, 2000
Mandatory Pre -Proposer Conference TBA
City sends written responses to
Pre -Proposer Conference questions March 15, 2000
Deadline for submittal of proposals April 1, 2000
4:00 p.m., Pacific Time
Complete proposal evaluation May 1, 2000
Notify finalists May 2, 2000
Interview proposers TBA
Select proposer May 15, 2000
Finalize agreement June 7, 2000
Recommendation to the City Council June 20, 2000
Preparation for transition to new Solid
Waste Handling Services July 1, 2000 — October 20, 2000
Roll out of program October 23, 2000
These dates are subject to change by the City
Rights of the City
The City's rights include, but are not limited to, the following:
■ Issue addenda to the RFP, including extending or otherwise revising the deadline for
submittals;
■ Request clarifications and/or additional information from any proposer at any point in the
procurement process
■ Execute an agreement or agreements with one or more proposers, on the basis of the original
proposal, any additions to proposal submissions, and any negotiations between the City and
proposers;
■ Reject any and all proposals, and accept or reject all or any part of any proposal;
• Accept and negotiate, with one or more proposers, any combination of services; which
services and combinations thereof shall be chosen by the City at its sole discretion;
Page 2
Diamond Sar RFP
Discontinue its negotiations after commencing negotiations with a bidder, if progress is
unsatisfactory in the judgement of the City, and commence discussions with another
qualified bidder; and
■ Reissue or modify the RFP.
Section 1 Project Background and Administration
The City of Diamond Bar (City) is soliciting proposals from qualified refuse haulers/recyclers
interested in providing integrated refuse management services for both commercial -industrial
and residential accounts. The City is soliciting proposals because it intends to select a single
service provider for residential and commercial/industrial refuse collection, including all single-
family accounts, multi -family bin -served accounts, multi -family barrel -served accounts, bin -
served business and institutional accounts, and all temporary and permanent roll -off services.
Proposals should be prepared according to the guidelines presented in the following sections:
Section 1
Project Background
Section 2
Required Proposal Format
Section 3
Integrated Refuse Management Specifications
Section 4
Proposal Evaluation Criteria
Section 5
Selection Process
Section 6
Existing Ordinances, Draft Contract, and Resolutions
Section 7
Other Related Information
Proposals must be delivered to the:
City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, California 91765
Attention: City Clerk
Proposals must be delivered no later than 4:00 p.m. (PST), on
2000. Postmarks will not be accepted as proof of receipt. All responses
received after this time and date will be returned unopened.
To be considered, you must provide 10 copies of your proposals. Documents must be bound,
printed doubled -sided on recycled paper composed of no less than 50% post -consumer materials,
and one of the copies must bear an original signature and be stamped "original." In addition,
submissions must include one additional unbound copy of the complete proposal in a sealed
package.
Please note that failure to provide any requested information in the appropriate format is grounds
for immediate disqualification. The City does not warrant or guarantee the information contained
within. The City by releasing this RFP is not obligated to select any of the submitted proposals,
and it reserves its right to enter into or to terminate exclusive negotiations at any time.
Page 3
Diamond Bar RFP
The City reserves the right to reject or accept any or all incomplete submissions, or parts of
submissions, to waive irregularities in the RFP, and to issue addenda to the documentation. The
City may request clarification or additional information from a respondent at any point in the
process.
Submission of a response shall constitute acknowledgment and acceptance of all the terms and
conditions contained in the RFP unless exception to particular terms and conditions are
expressed in writing in the submission. This RFP is not to be construed as a contract of any
kind. The City is not liable for any costs or expenses incurred in the preparation of respondents'
submittals.
Section 2 Required Proposal Format
All responses must be typed and include the following information and forms as a minimum.
Complete and submit cover form: Each response must contain a completed and signed
transmittal cover form (see Attachment 1).
2. Transmittal letter: Each response must contain a transmittal letter signed by an officer
of the responding company who has the authority to bind the firm to bids and to sign
contracts. Said transmittal letter must specify that the signatory has the required
authority.
Introduction: A response should have an introductory chapter that identifies the contents
of the submission and demonstrates the knowledge and familiarity of the firm with the
City of Diamond Bar.
4. Related experience by area: A respondent must address all of the identified service
areas identified under Section 3, Integrated Refuse Management Specifications, in this
chapter. Clearly identify the years of operation. Identify work at present or previously
for cities in the general vicinity of the City of Diamond Bar or in Southern California.
5. Project team and resumes: Identify all members of your proposed project team,
including but not limited to subcontractors, processors, and disposal site operators. State
their qualifications, and include their resumes and related materials in an attachment.
6. Other resources including equipment: Identify firm resources that can be used to
implement the required programs including but not limited to collection fleet, alternative
fuel vehicles, transfer station, processing center or Material Recovery Facility (MRF), bin
inventory, automated refuse containers, recycling and yard waste containers, special bins,
home composting containers, promotional items and brochures, and special equipment.
Identify special services that can be provided including public education, waste audits,
employee training, video, bi-lingual specialists, etc. Be sure to include age of fleet
vehicles proposed for City of Diamond Bar.
7. Safety record: Describe and document the firm's safety record, and include a description
Page 4
Diamond Aar RFP
or quantification of industrial accidents, driving accidents, workers' compensation
claims, etc., over the past five years.
8. Financial records: Provide the three most recent financial reports describing the fiscal
health and well being of the firm. Provide references (name, phone number and address)
of banking representatives, and a recent audit of firm accounting practices and financial
records. If audited records are not available, explain the reason and provide other records
such as financial ratios, profit and loss statements.
9. Disclosure of prior and current lawsuits and/or criminal misconduct: Provide a
listing and description of any prior and current, if any, lawsuits and/or criminal
misconduct involving the firm. You must disclose all suits brought against the firm
including those dismissed for various reasons within the past five years. Failure to
disclose information is grounds for disqualification.
10. Insurance: Provide a listing of the insurance held by the firm, including general liability,
workers' compensation, vehicular insurance, property liability, and environmental
impairment. Include the amounts, and name and contact person for each insurance
policy. Provide copies of the policies that must include termination dates. Identify any
previous and pending claims against the policies or past policies, including any dismissed
or rejected claims. Identify any CERCLA claims as well.
11. References: Provide a listing of all municipal clients currently or previously worked for
under franchise or exclusive contract for the past 10 years in Southern California.
Include name, contact person, phone number and address, and identify the term of the
contract. If a respondent cannot meet this requirement, it must explain why.
12. Disposal capacity: Identify long term commitment(s) of the firm with regard to disposal
capacity. Commitments may be in the form of agreements, ownership, or other
instrument. The interest is whether prospective vendors have 15 -year disposal capacity
available.
13. Environmental record: Disclose any incidents or claims for CERCLA and/or AB 939
indemnification for the past five years. Identify the presence or absence of any violations
of codes for littering and illegal disposal. Include actions, warning letters, orders, notices
of violations, administrative complaints, etc., from regulatory agencies with respect to
compliance with permits and law for respondents' and subcontractors' hauling and
service operations in references franchise or exclusive contract area(s).
14. Customer service: Disclose firm's customer service record for the past year. Quantify
number of claims on contracts, and provide number of potential accounts served under
those same contracts.
15. Rates and costs: Identify range of bin and barrel rates for cities served at present. You
may indicate numbers of accounts and any other information germane (e.g., monthly
basis, all levels of service) to demonstrating the efficiency of the service relative to the
stated bin and barrel rates. Indicate how you allocate costs such as truck depreciation,
supervisors' salaries, etc. Provide residential and commercial rates proposed for the City
Page 5
Diamond Dar RFP
using the forms provided in Attachment 1
16. Operation: Provide evidence of ability to meet schedules and conduct exclusive
collection of refuse without commingling Diamond Bar's wastes with another city. It
will be a requirement of the contract that the selected vendor not commingle Diamond
Bar's waste with another city's.
17. Exceptions: Clearly identify all, if any, exceptions respondent has with identified
program specifications and Agreement. If no exception is claimed, please specify this on
letter of transmittal, and provide statement signed by signatory authority that firm takes
no exception to the information provided by the City.
Section 3 Integrated Refuse Management Specifications
The selected hauler must demonstrate experience in all of the following required areas in order to
be qualified. While additional assistance from subcontractors can be provided, and in order to
meet community participation goals, is actually encouraged, such subcontractors must be
identified. The City reserves the right to accept or reject proposed subcontractors and/or their
personnel. The information provided within this section is intended to guide the respondent in its
preparation of the proposal. Each respondent should carefully examine this section and address
each service area with a description of its experience, how it would implement the services, and
make suggestions, if any to the proposed program, including whether any exceptions are taken
with the approach. Respondents are urged to review the recently enacted City code requirements
for solid waste management services, which are enclosed.
❑ Services provided by selected service provider
❑ Legal requirements
❑ Reporting and compliance with local, state and federal mandates
❑ Indemnification (CERCLA and AB 939)
❑ Collection equipment
❑ Special wastes (used oil, HHW, holiday trees, construction and demolition wastes, tires, and
bulky items)
❑ Transfer station and MRF capabilities
❑ Disposal capacity
Services provided by selected service provider
A. General and implementation plan
The selected service provider is expected to provide integrated refuse management and recycling
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Diamond Bar RFP
services within the City of Diamond Bar in accordance with the terms of the draft "Franchise
Agreement" and all city code provisions (see Attachment 2), and as identified following.
As part of this information, the respondent must submit a detailed implementation plan
describing your approach to facilitating a smooth transition to the new types of service and new
solid waste haulers. The information must clearly demonstrate that your company has the ability
to implement the services in accordance with the schedule shown on page 2, RFP Schedule,
including procurement of all necessary collection equipment, personnel, administration,
maintenance, and public education requirements. You should describe any assumptions
completely, justify them, and specify your expectations for City and the current haulers'
involvement and participation, as required. Among the items for consideration would include
but not be limited to disposition of customers' containers and any delays due to service provider
transition.
B. Single -Family Residential (SFR) Sector
The selected service provider shall implement an automated container system consisting of up to
three standardized 64 -gallon barrels, one for yard wastes, one for recyclables, and the other for
refuse, to be supplied to each single-family residential unit, duplex, triplex or quadplex that
receives barrel service. The materials shall be collected and removed from these residences at
least once per week. The barrels shall be of a consistent color -combination (e.g., lids and/or
bodies could be green for yard wastes, brown for recyclables, and gray for refuse), wheeled and
lidded, and composed of recycled -content plastic. Additional refuse containers are expected to be
supplied to residents at a surcharge determined by the city code; however, under no
circumstances is the selected service provider to pick-up any waste in the residents' own
container. Additional yard waste and recyclables containers shall be supplied at no extra charge
to residents so as to encourage diversion. Also, residents can apply for and receive 35- and 96 -
gallon capacity barrels for refuse at incentive -based rates. The larger barrels should cost more
based on the city code.
C. Multi -Family Residential Sector
The selected service provider shall collect and remove solid wastes that have been placed in bins
or barrels from all multi -family residential (MFR) complexes in the City at least once weekly or
more frequently if required to handle the waste stream of the premises where bins are located.
The selected service provider shall provide either bins or barrels for the collection of refuse.
Each multi -family complex owner/manager is expected to implement on its tenants' behalf a
waste prevention and recycling program. A respondent is required to provide access to waste
prevention and recycling services at a reasonable charge. All proposed programs are subject to
City Manager review and approval. As part of this agreement, the service provider shall identify
incentive rates for bins and barrels for MFRs.
D. Commercial -Industrial Sector
Upon commencement of the agreement, selected service provider shall collect and remove solid
wastes that have been placed in bins from all commercial -industrial generators in the City at least
once weekly or more frequently if required to handle the waste stream of the premises where
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Diamond Bar RFP
bins are located. Selected service provider shall provide bins for the collection of refuse. Each
commercial -industrial source owner/manager is expected to implement a waste prevention and
recycling program. A respondent is required to provide access to waste prevention and recycling
services at a reasonable charge. All proposed programs are subject to City Manager review and
approval. As part of this agreement, the service provider shall identify incentive rates for bins
and barrels for commercial -industrial sources.
E. Recycling Services
The selected service provider will implement the terms of the City's Source Reduction and
Recycling Element (SRRE) (as summarized within this section) and to give priority to source
separation -based systems. The selected service provider can divert materials with City Manager
approval to transformation and/or mixed waste processing (dirty or clean MRFs) facilities at a
delivery price to be negotiated. The selected service provider may be allowed to charge an
additional monthly fee in an amount approved by the City Council.
SFR sector --Selected service provider shall provide curbside recycling opportunities for SFRs
and including two per year home composting seminars, distribution of complimentary home
composting units to any resident attending the city -sponsored home composting seminars, and
establishment of a fee for service FH -IW collection service.
A key performance criterion will be the set out rate per week and the monthly participation rate
based on whether each residential unit sets -out recyclables and yard waste at least once per
month. Secondarily, the diversion tonnage will be an important criterion. As a minimum, the
selected service provider shall provide for yard waste diversion. The City is especially interested
in pricing, incentives and programs, and diversion statistics on how respondents have achieved
diversion from SFRs in similar or alternative programs.
MFR sector --Unless otherwise instructed, the selected service provider shall provide to each and
every multi -family residential complex at -source or post -collection recycling services. These
services should be flexible to meet the needs of complexes, and be cost-effective. A key
performance criterion will be the number of these programs implemented, and their success in
terns of participation and diversion. The City is especially interested in pricing, incentives and
programs, and diversion statistics on how respondents have achieved diversion from MFRS in
similar or alternative programs. As part of the pricing structure, respondents will be offering
incentive -based rates.
Business sector --Selected service provider shall offer to each and every generator at -source or
post -collection recycling services. These services should be flexible to meet the needs of
generators, and be cost-effective. A key performance criterion will be the number of these
programs implemented, and their success in terms of participation and diversion. As a
minimum, the selected service provider shall provide for mixed paper collection at a significantly
discounted rate from normal refuse collection (no more than 50% of the cost of a refuse bin
emptied at the same frequency). The City is especially interested in pricing, incentives and
programs, and diversion statistics on how respondents have achieved diversion from commercial
and industrial generators in similar or alternative programs. As part of the pricing structure,
respondents will be offering incentive -based rates.
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Selected service provider shall to the extent economically feasible, provide construction and
demolition waste recycling services for some inert solids that can be recycled or reused in the
construction industry. Such inert materials may include but are not limited to rock, concrete,
brick, sand, soil, asphalt, wallboard, roofing tiles, and wood.
F. City Facilities
The selected service provider at City's own option shall provide refuse collection and recycling
services to the following locations within the service area at no additional charge to the City or
the entities listed:
■ All public facilities (e.g., City Hall, city yards, city parks, satellite city offices, etc.)
■ Other sites as identified by the City, and
• Community events upon written request
Recycling services shall include yard waste collection, and materials recycling, to the extent that
markets exist. The selected service provider will also be expected to provide at City's sole
option on -demand pick-up of illegally dumped bulky goods and litter at City's request.
G. Community Participation
Selected service provider shall promote community participation in the extending of services to
the community. City requires that selected service provider actively recruit and hire local
residents in operator and managerial positions; and that selected service provider actively solicit
the participation of local minority contractors and consultants in the implementation of
educational awareness and outreach, special services, and other programs.
H. Public Education and Outreach
The selected service provider shall prepare and implement a multi-lingual public education and
outreach program at its sole expense that is consistent with the City's SRRE. The program shall
be prepared in coordination with the City and at least three months in advance of the introduction
of any service sanctioned by the City. This program shall at a minimum familiarize residents,
property owners and managers, business owners and managers, and designated institutional
representatives with essential waste prevention and recycling concepts and programs elements.
Outreach shall be consistent and frequent, explaining the benefits and attributes of recycling,
composting, waste reduction programs. Materials shall explain the purpose and manner of City -
sanctioned recycling and refuse programs; emphasize the materials to be recycled and reduced;
show the integration of all programs within the City to meet AB 939 mandates; and show
residents and businesses how to obtain further information.
Additionally, the selected service provider shall prepare and distribute at its own and sole
expense any and all publicity related to the initiation and implementation of new refuse and
recycling programs and elements including but not limited to automated refuse collection,
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Diamond Bar RFP
incentive -based programming (pay as you throw system), commingled recyclables and yard
waste separation and collection, and bin -served account recycling. All vehicles, high -visibility
bins, litter containers, residential containers, recycling equipment, and published materials and
advertising will use common and motivational slogans such as
• Diamond Bar Recycles
• Reduce -reuse -recycle: It's my responsibility
• Recycling? Doing It
• Leave Less for the Future
• Green Seal of Approval
Chosen slogans shall be used in all activities. They will identify the City as sponsor, and as a
means to integrate and unify program activities, to attract attention, and to send a positive
personal message to the public so as to encourage individual participation.
To roll out the single-family residential program, the selected service provider shall prepare and
distribute a series of documents for public consumption. Prior to the three-month campaign, the
City, its consultant, and the selected service provider will sponsor as least two or more
community meetings to explain the program and to solicit resident and business input.
Subsequent to the initial roll out campaign, the selected service provider shall be responsible to
promote and increase recycling and waste prevention through continued education and outreach.
The selected service provider shall keep residents and businesses informed about the progress of
the system through a quarterly newsletter or post card distributed by the selected service
provider at its own expense.
The selected service provider shall as a minimum coordinate with the City in developing an
evaluation methodology for determining the effectiveness of the public information and
educational outreach program. The methodology shall track as a minimum the degree to which
residential and commercial customers measurably increase their awareness of waste prevention
and recycling, the extent that waste is decreased and recycling/waste prevention increased, the
overall increase in participation as measured by set out/participation rates, and a discussion of
the program's highlights including problems and issues and the measures taken to resolve said
problems and issues.
I. City ees
In addition to the services described above, the selected service provider will be required to remit
the following fees to the City.
• Contract Fees — The selected service provider will be required to pay contract fees to the
City, which will be negotiated, however the fee will be no more than 10% of gross receipts.
• Administrative Fee — Upon execution of the Agreement, the selected service provider will be
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Diamond Bar RFP
required to remit to the City a one-time administrative fee of up to $50,000 to reimburse City
for administrative and out-of-pocket expenses of developing and awarding the contract.
■ Business License — The selected service provider and any of its subcontractors will be
required to maintain appropriate business licensing during the term of the contract.
■ Any other fees required by the City code
Legal requirements
A. Performance deposit and cash bond
Contemporaneously with the execution of the Agreement, the selected service provider will be
expected to deposit funds payable to the City in the form of surety bond or other financial
instrument to guarantee performance to the satisfaction of the City. This instrument will be used
if required to provide service to customers in the event of nonperformance by the selected
service provider. The size and type of performance guarantee shall be in the sum of one hundred
and fifty thousand dollars ($150,000.00). The cash bond shall be deposited in a manner similar
to the performance bond, but shall be used to pay the City for any payments not received in a
timely manner or in lieu of payments if the service provider were to become insolvent for any
reason. The size of the cash bond shall be no less than one hundred thousand dollars
($100,000.00).
B. Ownership of waste
Once refuse and recyclables are placed in the selected service provider's containers or bins for
collection at curbside or at designated locations, ownership shall transfer to the selected service
provider. Disposed materials will become the property of the disposal site or as required through
agreement obtained with the disposal site owner/operator. The right to direct materials and
refuse will be retained by the City.
The selected service provider must obtain written approval from the City for exports of waste
outside of LA County. The City requires evidence in the form of an exportation agreement.
C. Annual review
The City plans to provide a detailed annual review of the respondent's performance by holding a
public hearing at which the selected service provider's performance and quality of service will be
reviewed. Noncompliance with any provision of the agreement would be grounds to terminate
the agreement. Conversely, positive reporting could be rewarded with additional year(s) added
to the term of the agreement.
D. Term of Agreement
The term of this Agreement shall be for a period of at least five (5) years, with the option at the
City's sole discretion to award multiple merit years upon successful demonstration of exemplary
contract performance.
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E. Permits, Licenses, and Insurance
The selected service provider and its subcontractors, if any, will be required to secure or
maintain in force during the term of the agreement resulting from this solicitation any applicable
license, permit, and/or insurance required by law for the operation of the business.
Reporting and compliance with local, state and federal mandates
A. Monthly reports
The selected service provider will be expected to submit monthly reports for the length of the
Agreement commencing upon final approval by the City Council. These reports shall be due
within twenty (20) working days from the end of the reporting month.
B. Annual reports
The City may require that within 120 days after the close of the selected service provider's first
fiscal year under agreement, and every year thereafter, that a written annual report in a form
approved by the City Manager be submitted to the City.
C. Ad hoc reports
The selected service provider will be expected to provide a minimum of six (6) reports of
varying detail and format as specifically requested by the City to meet unforeseeable information
inquiries of the California Integrated Waste Management Board, Los Angeles County Integrated
Waste Management Task Force, and other public agencies.
Indemnification (CERCLA)
Provisions shall be included in the Agreement specifying the level and degree of indemnification
afforded the City and the selected service provider. While the exact provision text is not yet
available, it is reasonable to expect that the City will obligate the selected service provider and/or
disposal site operator to fully indemnify the City against CERCLA liability to the extent that the
selected service provider controls the waste stream.
Collection equipment
For each type of service, the respondent is expected to identify and describe the equipment it
plans to use to fulfill the terms and conditions of its agreement. All collection vehicles must be
new, and if considered non-standard (i.e., dual collection vehicles), you must provide examples
of where the proposed equipment is currently being used and the experience of the respondent
with the equipment. All collection equipment are expected to comply with existing air quality
mandates and requirements including but not limited to alternative fuel vehicles.
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Diamond Bar RFP
Special wastes (used oil, Household Hazardous Waste (HHW), holiday trees, construction and
demolition wastes, tires, and bulky items) and environmental component
The City desires a comprehensive special waste program that shall consist of the following
items. If any or all of the following are to be handled by subcontractors, the City expects the
selected service provider to place community participation and equal opportunity as essential
criteria for selection of such subcontractors. The selected service provider will need to prove to
the City's satisfaction that all reasonable efforts have been made to acquire MBWE firms if none
are included.
A. Used oil
The selected service provider must implement a used oil and oil filter recycling program for both
single family and multi -family residents. The program specifications are to be left to the
discretion of the respondent, but curbside collection is preferred for SFRs. The City may be able
to assist with partial funding of the program.
B. Holiday trees
The selected service provider will conduct a holiday tree recycling program each holiday season
for the duration of the agreement. The SFRs will be served with a curbside collection program,
while MFRs will be served with convenient and accessible drop-off locations. The City is
especially interested in a mobile grinding operation, which can return mulch to the residents who
bring trees for grinding.
C. Construction and Demolition (C&D) debris recycling
The City requires C&D debris recycling in the city code for all developments and re-
developments, and will require the selected service provider to provide any and all services to
developers and contractors who construct or demolish structures within the City limits so that
they may achieve the 50% diversion mandate.
D. Tire recycling
The City desires a tire recycling program that will remove illegally dumped tires from the City
limits. The selected service provider must submit its plan to fulfill this requirement.
E. Bulky item pick-up
The selected service provider must provide quarterly scheduled clean-ups for each residence.
Include the plan of action for addressing this requirement and specify how the extra vehicles and
labor requirements will be handled. In addition, the selected service provider will be required to
offer additional pick-ups for hard -to -handle items on an on-call basis at a reasonable price.
Bulky goods collected by the selected service provider may not be landfilled or disposed of until
the following hierarchy has been followed: 1) reuse, 2) disassembly 3) recycle, and 4) disposal.
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Diamond Bar RFP
F. Environmental component
The City expects the selected service provider to provide an environmental component to the
overall program. The selected service provider will be expected to describe any potential
negative environmental effects (e.g., traffic) from any of the proposed programs and to identify
and/or propose mitigation measures. In addition, the City expects the selected service provider
to describe procedures for identifying and handling hazardous waste disposed with the municipal
solid waste stream. The plan shall describe screening procedures, notification plan, a corrective
actions plan for use in instances where residents set out inappropriate materials and/or illegal
dump refuse resulting from the introduction of the variable rate system, and an employee training
program.
G. Household Hazardous Wastes (HHV)
The selected service provider must provide HHW collection for fee for all SFR and MFR
accounts during each calendar year for the term of the agreement to augment the program offered
by the County of Los Angeles. The selected service provider must identify the program to be
offered and its experience with existing clients. If subcontractors are to be used for this effort,
specify their experience and complete references.
H. Disaster preparedness
The selected service provider shall be expected to supply the City and all public schools within
the service area with earthquake preparedness containers of a size and type suitable to store all
necessary supplies and equipment that may be needed in the event of a disaster. In addition, the
selected service provider shall assist the City to develop a waste mitigation emergency plan to
deal with any human or natural disaster.
Transfer station and MRF capabilities
If a transfer station (TS) and/or materials recovery facility (MRF) is to be used, the following
information is required:
■ Name and location of facility.
■ Type of facility and permit(s).
• Statement regarding any relationship between the proposer and the TS/MRF site
owner/operator if any.
■ Proof that the facility is in full regulatory compliance.
■ Information on the facility including a description of facility operations, tons per day
processing capacity, regulatory history, and diversion rate.
■ TS/MRF commitments or guarantee capacity for the term of agreement, and a copy of any
such agreement specifying commitments or guaranteed capacity.
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Diamond Bar RFP
■ Estimated annual tons by type of recyclable materials that are ordinarily processed and
marketed.
■ Marketing plan and materials marketing experience.
■ Name and location of disposal site used by the facility, and evidence, if any, of any long-term
agreement for acceptance of wastes.
Disposal capacity
Respondent must include in its submission a description of its proposed disposal site(s) to be
used. While the City reserves the right to direct waste to a specific site, proposers are at liberty
to propose one or more alternative sites. The submittal must contain the following about each
disposal site:
■ Name and location of disposal site.
■ Type of facility and permit(s).
■ Statement regarding any relationship between the proposer and the disposal site
owner/operator if any.
■ Identification of the disposal capacity, disposal site tonnage commitments, capacity
guarantee if any, tip fee, method of future fee adjustment, remaining capacity, and projected
years to closure.
■ Statement on whether Subtitle D requirements are fulfilled, any pending litigation against the
site owner/operator, and whether closure and post -closure costs are included in the tip fee.
■ The respondent and/or disposal site operator must agree to indemnify and hold the City
harmless from claims related to hazardous substances or waste as described in the Agreement
to the extent that wastes are directed to the site by the selected service provider.
■ If disposal services are provided to the respondent under an agreement, a copy of said
agreement must be submitted as a separate attachment.
Rates
Respondent must include in its submission a description of its proposed rates for SFRs, MFRS,
and commercial -industrial accounts. The City requests that bids be provided separately from the
main proposal in a sealed envelope. To assist with the presentation of rates, respondents should
use the forms provided in Attachment 1. Please note that rates must be provided on terms of five
and 10 years.
Section 4 Proposal Evaluation Criteria
All proposals will be reviewed by the City with technical assistance. The team will use, but not
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Diamond Bar RFP
be limited to the following criteria as important guidelines in selecting the most qualified and
responsible service provider who can best serve the residents, businesses, and interests of the
City. Price will be an important criterion, but the City reserves the right to select a service
provider that presents the best qualifications but not necessarily at the lowest price. The City
hereby notifies all proposers that the identified criterion and weighted points are solely for the
purpose of aiding in evaluation of proposals, but are not suggested or implied to be an absolute
standard for selection.
1. Document organization and completeness 10 pts
Compliance with RFQ mshnictions, conformity with format,
completeness in level of detail, typed not handwritten, bound
and appropriate number of copies submitted
2. Oral presentation 10
Timeliness, appearance, presentation materials, ability to
answer questions, demonstration of understanding
3. Project team and resumes 15
Ability to maintain local office, front office stability, changes
in ownership, length of service, compliance with immigration
laws, local management control (versus distant ownership),
minority hiring and affirmative action policies, local hires, and
community participation
4. Related experience and capabilities 20
Municipal contracting, commercial and residential accounts,
curbside recycling and green waste, automated collection,
variable rate structures, cities over 50,000 population,
bulky item pick-up, HHW events and service, used oil
collection, MFR recycling, litter control, home composting,
tires, C&D debris recycling, drop off facilities for recycling,
education and waste prevention, program roll -outs, MRF
processing, containers, commercial recycling, composting,
reports and reporting, contracting and subcontracting,
marketing and sales of recyclable materials, waste audits
and generation studies
5. Disposal capacity 10
Long term disposal capacity agreement(s), CERCLA
incidents, transfer station access, MRF access
6. Safety record 10
Equipment and personnel safety records, training, number
of incidents
7. Environmental record 10
CERCLA defense records, number of incidents in illegal
dumping, regulatory compliance history and record for all
environmental regulations
8. Financial records 20
Financial records, insurance ratings, ability to post faithful
performance bond, forfeitures of performance bonds,
existing indemnification agreements, evidence of liquidated
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Dimond Bar RFP
damages, defaults and terminations, PE ratio, public or private
corp, ability to finance equipment, past history of payment of
revenues to client cities, and AB 939 and CERCLA liability
and indemnification and payment thereof
9. Exceptions
Number and extent of exceptions, degree of required or
requested changes, references' statement of ease of using firm,
Willingness to agree to 5-7 years' terms and undergo performance
evaluation
10. Other resources and equipment
Age, maintenance records, and compatibility with City's desired
programs, equipment is leased or owned, signage
11. Customer service 10
Local office, complaint documentation, resolution of customer
complaints, government liaison, community events, computerization,
and access by city to records
12. Operation 10
Schedules and ability to maintain schedules, personnel, exclusive
collection of City waste (avoid commingling of City's waste
with adjacent cities or other customers' wastes), familiarity with local area
13. References 10
All known city customers must be listed with contacts and
phone numbers; references are positive or negative; strength of response
14. Disclosure of prior and current lawsuits and/or criminal misconduct
Record of civil suits involving franchise agreements, and
workers compensation and driving accidents
15. Proposed rates including incentives 50
Totals
Section 5 Selection Process
200
The selection process relies heavily on the concept of qualification -based selection. During the
years of use by the Federal government, most state governments, and numerous municipalities
across the nation, the use of qualifications based selection has proven itself to be more efficient
and less costly than the use of a selection system using price as the sole or primary criterion.
The process emerges from the need of the City to select a professional service contractor tailored
to fit the specific requirements of diversion, sanitation, safety, and service. It is open to all
interested firms with experience in municipal services.
The responses received for proposal are evaluated first based on a combination of factors such as
responsiveness, comprehensiveness of the proposal with respect to the desired programs
identified by the City, the number and nature of exceptions taken to the proposed programs,
previous work performed for similar clients, information obtained from references, and other
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Diamond Bar RFP
information submitted. A full listing of the criteria and their weight is provided above in Section
4. The respondents are ranked according to their cumulative scores with the exception of rates.
The top three respondents (or more if ties are encountered) will then have their price bids
opened. At this point, pricing and acceptance of contract terms and provisions will be compared.
Additional scoring will be identified and included with the overall score prior to opening of the
sealed bids.
The City will then conduct an interview with each of the three (or more) top-ranked respondents.
The City reserves the right to request further written information.
Based on the results of the weighted evaluation, price, and number and type of exceptions taken
with the Agreement and technical programs, and community participation, the City will then
finalize execution of the Agreement with the highest qualified firm or firms. At its option, the
City may proceed to finalize execution with only one top firm, then if satisfactory agreement is
not reached within a prescribed time period, the City can proceed to finalize execution with the
next -ranked firm, etc., until agreement is reach. Alternatively, the City may proceed to finalize
agreement with two or more proposers simultaneously.
Section 6 Existing Ordinances, Draft Contract, and Resolutions
Attached is a copy of existing ordinances and resolutions, and the Agreement (see Attachment
2).
Section 7 Other Related Information
Respondent must complete all attached forms in Attachment 1. Respondent may also include
any other relevant information including brochures, reference letters, etc., which will be
considered by the City in its deliberations.
Description of Service Area
The City of Diamond Bar consists of about 14 square miles located in Los Angeles County about
35 miles east of downtown Los Angeles. The City is composed of about 58,000 residents who
dwell in about 13,000 single-family residences, 4,000 multi -family residences, and 542 mobile
homes. The largest employers within the City include the two school districts, the City of
Diamond Bar, the South Coast Air Quality Management District, Travelers, All State Insurance,
Honda Auto Dealership, Vons, and K -Mart. Based on recent information such as the 1998
Annual Report, the residential sector is responsible for 60% of the solid waste disposed. Waste
generation analysis is provided in a separate Attachment 3. Finally, the existing diversion rate as
of 1998 was 34%.
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Diamond Bar KFF
Current Service Data
The City is currently receiving single family residential service from Waste Management of San
Gabriel and Pomona Valley, and from Valley Vista Disposal. Commercial and industrial sector
service is provided by three firms, Waste Management, Valley Vista Disposal, and Athens
Services. Residential SFR accounts (detached homes, town homes and condos) receive once per
week service with residents using their own containers or one supplied by haulers. There is a
voluntary curbside recycling separate collection programs in place as well as used oil and oil
filter collection. The current permits for solid waste service will expire on June 30, 2000.
Commercial and industrial sector service terminates likewise on June 30, 2000. There are about
300 bin -served accounts that include multi -family residence complexes, businesses, and
institutions. Finally, there are about — seniors accounts that merit special discounts.
Please note that the City neither warrants nor accepts responsibility for the accuracy of the
information. It is the responsibility of each respondent to undertake at its sole cost any
verification of this information necessary for it to submit a response to this solicitation.
Current Rates
Currently, the City does not regulate rates. However, it has set up the parameters or guidelines
for future rate structures for all disposal customers. This will continue under any new
agreement. Existing range of maximum rates are identified in Attachment 4.
AB 939 Programs
The City's SRRE describes plans to achieve the 501/o diversion goal in the year 2000. This will
be accomplished through a combination of waste prevention and recycling programs as described
in this document. A copy of the City's SRRE is on file with the City Clerk.
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Diamond Bar RFP
City of Diamond Bar
REQUEST FOR PROPOSAL
FOR INTEGRATED WASTE MANAGEMENT SERVICES
LIST OF ATTACHMENTS
Attachment 1: Forms
Attachment 2: Ordinances, Contract and Resolutions
Attachment 3: Solid Waste Generation Data
Attachment 4: Existing Rates
January 25, 2000
ATTACHMENT 1: FORMS DRAPT
This attachment includes forms which must be completed and returned with your proposal.
Form 1 Proposal submittal form
This form is used to formally transmit the proposal. The form must be signed and attached as a
cover.
Form 2 Financial and operating information form
This form reports your proposed service costs and operating statistics. The work sheet are used
to support the prices proposed on the Price Proposal Form. The form must be completed and
returned with your proposal.
Form 3 Proposed Collection Rates Work Sheets
These work sheets are provided for you to submit your proposed rates for the first two years of
the contract. All pages must be completed and returned with your proposal.
Form 4 Certification of proposal form
This form is provided so that you may certify that you have read and examined all documents
reference therein and understand said documents.
Form 1 Proposal submittal form
Please type the following information
Name of Company:
Street Address:
Mailing Address:
Phone Number:
Fax Number:
Contact Name:
Form 2 Financial and operating information forms
Single Familv Residential Services — rArt
Cost Category
Weekly Refuse
Collection
Weekly Yard
Waste
Weekly Recyclable
Collection
Quarterly Clean up
Special Waste
Collection
Collection
Operating
Costs
• Labor
• Vehicles
• Carts
• Maintenance
• Fuel
• Other
Subtotal
Disposal Fees
Material
Processing
Fees
G&A
City Fees
Profit
TOTAL
COSTS
Less Sales
Revenues
N / A
TOTAL
REVENUE
NEEDS
Tons Collected
Single family residential services
Service Category
Weekly Refuse
Collection
Weekly
Recycling
Collection
Weekly Yard
Waste Collection
Number of accounts
Annual tons collected
Routes days per week
Crew size per truck
Average drive-bys per route per day
Average stops per route per day
Average hours per route per day
Participation rate (set outs)
Disposal or net processing fee per ton
Name of disposal or processing
facility
Commercial and multi -family services
L 'L L
To be provided
Lj
Form 3
Proposed Collection Rates Work Sheets (By Service Category)
Note: All Rates Proposed Fixed For First Two Years of Contract
Barrel Served Residential Rates
Service component
35 gallon
$/mo
64 gallon (std)
$/mo
96 gal
$/mo
Basic service, one automated refuse cart'
5x
6x
1.5
One recycling automated cart (optional)
One yard waste automated cart (optional)
extra bin
MRF processing rate (optional)
Total Rate for two or three carts stem
2
Additional carts surcharge'
Yard waste discount2
3
Senior & disabled discount2
Back vard. service surcharge
extra bin
HHW collection fee
Each level of service differential or additional cart surcharge must be no less than 20%
Note: discounts cannot exceed 30% cumulatively
2. Commercial and Multi -family Rates Refuse in $ per month
Freauencv
Bin Size cy
la
2x
3x
4x
5x
6x
1.5
extra bin
2
extra bin
3
extra bin
4
extra bin
6
extra bin
Note: incentive rates are required; multiple bin refers to cost of each additional bin of that size
3. Commercial Rates Recycling in S per month
T�
Note: incentive rates are required
Additional Commercial a.uar cD ,as w v.........-•
2- and bin —extra empty
a.a
Basic Rate
3- and bin — extra empty
Fees
4 -yard bin —extra empty
6 -yard bin — extra empty
Handling charge per pick u
Locking container
Set out rate for bins
96 gallon container
1%VI1 VAR X%AMD ■u w
Size of Bin
a.a
Basic Rate
Dump Charxe
Fees
Total Rate
Please indicate cubic yards of bins
Com actor nates
Size of Bin
in a pri, —n -u
Basic Rate
Dump Char a
Fees
Total Rate
Please indicate cubic yards of bins
La ALr 4
Price Impacts of Using Alternative Fuel Vehicles
The City is considering use of alternative fuel vehicles to provide collection services. Please
identify the percent increase or decrease to your rates to use exclusively alternative fuel vehicles
for refuse and recycling operations.
A. Percent increase (decrease) to purposed residential rates: %
B. Percent increase (decrease) to purposed multi-family and
commercial bin rates:
C. Percent increase (decrease) to purposed roll off rates per pull:
rpm
Form 4 Certification of proposal form I RA:
(Company) has thoroughly read and examined all documents reference
therein, and understands said documents. The Company proposes to provide these services for
the prices and rates quoted on the following pages, and to perform all other necessary acts related
thereto. Company agrees to provide the services described herein for the first two years of the
Agreement for the amounts shown in this Attachment which are to be adjusted thereafter as
described in the Agreement and documents reference therein. The attached detailed cost
worksheets supporting the rates are provided as part of this proposal.
ATTEST TO:
Signature
Name
Please have this certification form notarized.
Title Date
�Qiir Gyif�YT ZCA)
ORDINANCE NO. 12 (1999)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING CHAPTER
8.16 OF TITLE 8 OF THE DIAMOND BAR CITY CODE ADOPTING
REQUIREMENTS AND STANDARDS RELATING TO THE COLLECTION,
RECYCLING, TRANSPORTATION, AND DISPOSAL OF SOLID WASTE,
RECYCLABLE, AND COMPOSTABLE MATERIALS.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1: Sec. 8.16.020. Definitions, is hereby amended to include the definitions of
disposal, generator, and diversion to read as follows:
Disposal means the act of discarding refuse in a safe and legal manner in accordance
with the provisions of Chapter 8 with no intent of recovery, reuse, repair, or recycling on the part
of the generator.
Diversion means the act of diverting refuse or solid waste from disposal for the purposes
of recovery, repair, reuse, or recycling.
Generator means any person, property owner or manager, tenant, occupant, business,
service, lessee or lessor, institution, or other source that produces refuse or solid waste for
disposal and/or diversion.
SECTION 2: Sec. 8.16.070. Residential refuse containers, is hereby amended by
modifying subsection (a), deleting subsections (b) through (h), and adding the following new
subsections (b) through (g), to read as follows:
(a) A permittee shall, at a minimum, provide a 64 -gallon container or suitable
alternative, as approved by the city manager, for the collection of refuse from single-family
residences within the city. Any container provided by a permittee, pursuant to this section, shall
be at a permittees' expense and shall meet the specifications for containers as set forth by
resolution of the City Council.
(b) At the specific direction of the City Manager, a permittee shall provide an
automated standardized container capable of storing no less than 64 gallons of acceptable
commingled 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) A permittee shall provide an automated, standardized container capable of storing
no less than 64 gallons of acceptable yard waste including grass clippings, leaves and other yard
work debris, other than oversized branches or tree limbs. It shall be the duty of every tenant,
lessee or occupant of any residential unit to maintain the containers in a reasonably safe and
secure manner.
(d) If a container for storing yard waste is refused by a customer for reason that yard
wastes are grass cycled, composted, or otherwise diverted, it shall be the duty of the customer,
including but not limited to every lessee, tenant, or occupant of any residential unit, to assure that
yard wastes are actually recycled, composted, and/or grass cycled in a safe manner either on
the premises or with a gardener or landscaper.
(e) No tenant, lessee, or occupant shall use his or her own container, bag, box or
other device for the purpose of setting out refuse or recyclables at the curb for collection by a
permittee. However, barrel -served customers can opt to purchase their containers from a
permittee, with a subsequent discounting of the monthly rate.
(f) No tenant, lessee, or occupant shall knowingly dispose of any recyclable material
as defined by this chapter, unless such material is not collected by a permittee.
(g) Except when placed in accordance with section 8.16.090 hereof for collection
purposes, refuse containers shall be kept and maintained only in storage locations permitted by
the City zoning ordinance, as the same presently exists or as may be amended from time to
time, or as specified by use permit or other entitlement for use. In addition, the container lids
shall be kept closed at all times to avoid the propagation of flies and other vectors, and to control
odors and the potential for wind-blown litter.
SECTION 3: Sec. 8.16.080. Commercial refuse bins, is hereby amended to include a .
new provision (c) to read as follows:
(c) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose
of any recyclable material as defined by this chapter in any refuse bin or other storage device,
unless such material is not collected by a permittee.
SECTION 4: Sec.8.16.130. Special provisions regarding method of disposal, is hereby
amended by adding subsections (h) and (i) to read as follows:
(h) No property owner, manager, tenant, lessee, or occupant shall knowingly dispose
of any recyclable material as defined by this chapter in any bin or other storage device, unless
such material is not collected by a permittee.
(i) In addition to the requirement of subsection (g), a permittee shall collect or
provide for the collection for up to 15 gallons or 125 pounds of select household hazardous
waste (HHW) per annum per household on a fee for service basis. The HHW shall only include
water-based paint, car and household batteries, and anti -freeze.
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 yard waste collection service is made available. The monthly rate shall be
determined by the permittee, but must be structured to eliminate any pricing inequities,
subsidies, and penalties among ratepayers, to add incentives for waste prevention. The charge
so fixed shall be a civil debt due and owing to permittee from the owner or occupant of the
residential or commercial unit to which the collection service is made available. The City Council
hereby specifically finds and determines that the periodic collection of refuse, rubbish, and
recyclables from all residential and commercial units benefits all occupants and residents of the
city; provides for the health, safety, and welfare of all persons in the city; and therefore, all such
occupants or owners are liable for the payment of collection service provided for hereunder
whether or not such owner or occupant avails himself of such collection service.
2
SECTION 6: Sec. 8.16.450., Service Provided; Specific, is hereby amended by
modifying the introductory provision and by adding subsections 15 through 20 to read as follows:
A permittee shall provide the following specific services as described in subsections (1)
through (20) of this section. These services shall be in addition to any requirements,
additions, policies and procedures as may be established by resolution of the City
Council from time to time hereafter.
(15) A permittee shall implement by January 1, 2000 for all single-family residential
refuse accounts an automated refuse collection system consisting of no less than
one standardized container with wheels and lid. The container shall contain a
minimum of 10% post -consumer content plastic, and shall be available in
capacities ranging from 35 gallons to a maximum of 100 -gallons. Additional refuse
containers will be provided upon request of the resident at a surcharge as
described in subsection 16.
(16) A permittee 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 must be developed, subject to City Manager
approval, assuming a single standardized refuse container of 64 gallons capacity,
in accordance with Section 8.16.230 (a) Collection Charge. A different container
(i.e., 100 -gallons or 35 -gallons capacity) can be supplied upon request of a
resident at a monthly rate that shall incorporate a differential of no less than plus
or minus 20%, respectively, of the monthly rate for a 64 -gallon container. At no
time shall a resident receive greater than 30% discount [including senior and
disabled, discounts, and waste reduction incentives (i.e., yard waste reduction
and PAYT rate differential)] off the regular monthly rate for any size or
combination of containers.
A resident may request additional refuse containers of any standard size.
However, such containers would be subject to a surcharge to be determined by a
permittee and approval of the City Manager, but which may not be less than the
aforementioned 20% step increase per container.
For commercial units (i.e., bin -served units), a permittee shall develop an
incentive -based rate structure that is subject to City Manager approval and that
meets the requirements of Section 8.16.230 (a). Collection charge.
(17) Upon the direction of the City Manager, a permittee shall implement an automated
curbside recycling program consisting of at least a 64 -gallon container with
wheels and lid. Additional recycling containers will be provided if needed on a
complimentary basis upon request of the resident.
(18) A permittee shall implement a yard waste collection program with all single-family
residents consisting of at least a 64 -gallon container with wheels and lid.
Residents who practice yard waste composting and grass cycling, and generate
no yard wastes other than unacceptable yard debris not normally allowed in the
yard waste container, can refuse a yard waste container. The customer shall be
eligible for no less than a 10% reduction in the base monthly refuse fee, pending
verification of the absence of acceptable yard waste in the refuse container and
3
confirmation that the resident has participated in a City -sponsored home
composting seminar.
(19) A permittee must provide cost -competitive multi -family residential unit recycling
systems to any owner/manager of multi -family residential customer complexes.
Such systems require the approval of the City Manager.
(20) A permittee must provide cost -competitive commercial sector recycling and waste
prevention systems to any owner/manager/operator of a commercial, industrial,
and/or institutional source of waste. Such systems require the approval of the City
Manager.
SECTION 7: The City Council declares that should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of pre-emptive legislation, the remaining provisions,
sections, paragraphs, sentences, and words of this revision shall remain in full force and effect.
SECTION 8: The City Clerk shall certify to the passage of this Ordinance and shall
cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within
fifteen (15) days after its passage in the manner prescribed by Resolution No. 89.6.
ADOPTED AND APPROVED THIS 5th DAY OF October '1999.
Uayor
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 21`' day of September, 1999, and was finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the 5"' day of October, 1999 by the following
vote:
AYES.-
NOES:
YES:NOES:
ABSENT:
ABSTAINED
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS
COUNCIL MEMBERS
Ansari, Herrera, Huff,
MPT/O'Connor, M/Chang
None
None
None
i
ATTEST: L �X
ity Clerk of the City of Diamond Bar
4
ORDINANCE NO. 01 (1998)
AN ORDINANCE OF THE CITY COUNCIL 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 SOUD WASTE,
RECYCLABLE AND COMPOSTABLE MATERIALS.
The City Council of the C of Diamond Bar does hereby ordain as follows:
SECTION J.; Section 8.16.030 of Chapter 8.16 of the Diamond Bar City Code (DBCC) is
hereby amended by amending subsection 8 thereof to read as fellows:
4(8). No provision of this Chapter shall prevent a licensed contractor having a contract for the
demolition or reconstruction of a building, structure, pavement, or concrete installation from marketing
any saleable iterns or construction and demolition waste salvaged from such demolition or reconstruction,
or from musing such salvageable items or construction and demolition waste to be removed and
transported from the premises on which suds 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
contactor having the contract for the constr=on or demolition work that generated such' salvageable
items or construction or demolition waste, or by regularly employed personnel carried on the licensed
contractors 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 givantee that such services will be provided within a period of twenty-
four (24) hours, at a cost of service not in excess of the licensed contractors 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.'
, '�
SE,_TION 2: Section S. 16.420 of Chapter 8.16 of the DBCC is hereby amended to read as
follows:
'Section 8.16.420. Permits for Refine C' (lection and Fc zbliict,ment 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 corrimercial units Collection of matenal
prov4ed for herein may be made only in accordance with the terms and condrtions of an such
Y 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 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.'
SECTION 1 • Sermon 8,16.430 (d) and (1) of Chapter 8.16 of the DBCC is hereby amended
to read as follows:
'(d) Banding of Perrnitee. 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 Attomey. 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.'
"(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)
Pain' with a rrrrwnxrn lirrn of FNE MILLION DOLLARS ($5,000,000.00) aggregate and ONE MILLION
DOLLARS ($1,000,000.00) per ocos ence for bodily injury and property damage, with any self-insured
retention not exceeding $200,000 per occurrence. The insurance shall be obtained from an insurer
authorized to do business in the State of California. The insurance shall protect Permittee and City from
any claim for damages for Bodily injury, including accidental death, as well as from any claim for damages
IN
which may anse from operations performed pursuant to this Chapter, whether such operations ce cy
Perr-mee 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 polices 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 Permittee.
(2) This policy shall be considered Primary insurance as respects any other valid and
COIledble 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 w cess insurance and shall not contribute to it.
(3) This insurance shall act for each insured, as though a separate policy had been
written for each. This, however, will not act m increase the limit of liability of the
insuring company.
(4) Thirty (30) days poor written notice by certified mail, return receipt requested,
shall be given to the City in the event of suspension, cancellation, reduction in
coverage or in limits or non -renewal of this policy for whatever reason. Such
notice shall be sent to the City Cleric.'
SECTION 4: Chapter 8.16 of the DBCC is amended by adding thereto a new Section
8.16.460 to read as follows:
Sec. 8.16.460. Limited permits.
(a) Purpose. A limited permit may be issued pursuant to this Section to persons and/or
enterprises engaong in recycling, composting, and construction and 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) LinWedpemrtregquimd. No person or enterprise shall conduct recyciing, composting and
C&D waste activities within the City without first obtaining a limited permit.
3
(c) ,dP#k On kr/imrred cem'ut. An application for a limited permit shall be filed wnn the C;ty
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) Doo ffentmon of current comprehensive general liability insurance (occurrence)
with a minimum limit of one million dollars ($ 1,000.000.00) per occurrence for
bodily injury and property damage.
(5) Such otfxr pertinent facts or information as the City Manager may require
including but not limned to evidence of State certification, evidence of previous
experience, and dernorw7tion of reliable and safe equipment.
(d) Issuance of pemn2 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.
SECTION 5: 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, of by reason preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words of this revision shall remain in full force and effect.
SECTION 6: The City Clerk shall certify to the passage of this Ordinance and shall muse 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 -L DAY OF February , 1998.
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
o day of Januar.4 998, and was finally passed at a regular meeting of the City Council of the City
of Diamond Bar held on the L_ day of Feb • t ax?98, by the following vote:
4
AYES: COUNCIL MEMBERS:Ansari, Huff, O'Connor, MPT/Chau
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
CGL
cAwP`awNaWuarwROWwQ= i "e."t
City Jerk of the City OFDiamond Bar
st
E
.4�1f1•�'�r1. cc)
CHAPTER 8.16. SOLID WASTE, RECYCLABLE AND COMPOSTABLE MATERIALS
COLLECTION*
*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 H 8.16.010--8.1.6.270 and 8.16.410--8.16.450.
Cross references) --Outdoor festivals, ch. 5.88;
environmental protection, ch. 8.12; abandoned or inoperative
vehicles, § 10.20.010 et seq.; sewers and sewage disposal, §
13.00.010 et seq.
State law reference(s)--Garbage and refuse disposal, Public
Resources Code § 49000 et seq.; authority to grant franchise,
Public Resources Code §49059.
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, 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 seg.), 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, includingwhite 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.
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
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 outa
for recycling, and composting. Solid waste shall not include ny
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.
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 within
the city which is designated for collection under this chapter.
Occupant means and includes every owner of, and every tenant
or person who is in possession of, is the inhabitant of, or has
the care and control of, an inhabited residence.
Permit means the written authority by 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 5 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
q
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, association or corporation engaged
in the collection, transportation and/or disposal of solid waste
and/or recyclable materials.
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 materials, as defined by Public Resources Code
H 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.
Truck means any truck, trailer, semitrailer, conveyance or
vehicle used or. intended to be used for the purpose of collecting
refuse or to haul or transport refuse.
(Ord. No. 02(1996), 5 2, 2-6-96)
Cross reference(s)--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.
(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 5 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 b.,�
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
L
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 contract for the demolition or
reconstruction of a building, structure, pavement, or
concrete installation from marketing any saleable items
salvaged from such demolition or reconstruction, or
from causing such salvageable items or demolition waste
to be removed and transported from the premises on
which such waste is generated, pursuant to the
provisions of the demolition or construction contract;
provided, however, that if a subcontractor is to be
engaged to remove such demolition waste, the permittee
shall have the right of first refusal to provide such
services. If the permittee cannot guarantee that such
services will be provided within a period of 24 hours,
then the city manager may at his discretion authorize
the licensed contractor to utilize the services of
another solid waste enterprise.
(Ord. No. 02(1996), § 2, 2-6-96)
I
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, earthquakes, landslides and fires,
strikes, lockouts and other labor disturbances or other
catastrophic 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 1-imited
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
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 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
V,
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 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) 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
il
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.
(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 multifamily 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.
10
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 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 personshall 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.
1�
(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), 5 2, 2-6-96)
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 5 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
NIV
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.
(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), 5 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.'
(b) No person shall burn, bury or dump any refuse,
recyclable material, hazardous waste or infectious waste within
the city at any time, without having first complied with all
rules and regulations of the city, the county, the South Coast
Air Quality Management District, or any other agency with
jurisdiction.
(Ord. No. 02(1996), 5 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:
�J
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)
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 --Specifications and restrictions.
All trucks used for refuse, recyclables or compostable
materials collection within the city shall be required:
(1) To be completely enclosed with a nonabsorbent cover
while transporting refuse, recyclables or compostable
materials or other waste materials in or through the
city. "Completely enclosed with a nonabsorbent covers
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), 5 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), 5 2, 2-6-96)
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
1 �.
p.m. on normal working days, and at all other times with some
type of mechanism for the purpose of taking messages.
(Ord. No. 02(1996), 5 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), 5 2, 2-6-9`6)
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:
VI
(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 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), 5 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 seg.),
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), 5 2, 2-6-96)
Sec. 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
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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), 5 2, 2-6-96)
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*
5. e
Cross reference(s)licenses and regulations, tit.
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 5 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 &nd 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 council determines that the disposal and/or collection
of refuse, trash, rubbish or other solid waste is a service to be
performed in the city in accordance with the provisions of this
chapter. The city may from time to time issue permits to those
parties meeting the criteria of this chapter and such other
standards as may be established by resolution of the city council
regarding the collection of refuse, rubbish and other forms of
solid waste from residential and commercial units. So long as any
such permit remains in force, collection of material provided for
herein may be made only in accordance with the terms and
conditions thereof. Fees and charges for such collection, removal
and disposal services shall be those which the council may from
time to time hereafter approve by resolution. No person shall
engage in the business of collecting, removing or disposing of
any refuse, trash, recyclable and/or compostable material, or
other solid waste including hazardous wastes or infectious
medical waste, within the city from any residential or commercial
units, nor transport the same over any public highway or rights-
of-way, unless a permit to do so has first been obtained from the
council and such person complies with the provisions of this
chapter and any other regulations which have been adopted
pursuant to this chapter.
(Ord. No. 02(1996), § 2, 2-6-96)
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
20
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) Thq type of solid waste, recyclable material, hazardous
or infectious waste to be collected in each of the
applicable areas: residential, commercial, multifamily
residential 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.
(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
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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 5 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
1L
city, an annual report within 120 days after the close
of each fiscal year. This report shall include, but is
not limited to, the following information:
a. A summary of the previous year's (or, in the case
of the initial report year, the initial year's)
activities including, but not limited to, services
begun or discontinued during the reporting year,
and the number of customers for each class of
service.
b. A report, in a form satisfactory to the city, on
the city's progress in meeting and maintaining its
ability to meet its goals under AB 939 as applied
to the permit area, along with any recommended
changes.
C. A revenue statement, setting forth quarterly AB
939 administrative fees, and the basis for the
calculation thereof, certified for accuracy by an
officer of the permittee.
d. A list of 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 acceptance fees for
yardwaste or other applicable materials.
Z's
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, notifications, communications
and documents of any kind, submitted by the permittee
to, as well as copies of all decisions, correspondence
and actions by, any federal, state and local courts,
regulatory agencies and other government bodies
relating specifically to 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
ti�
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 council 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 $1,000,000.00. 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 5 9607(e) and Health and Safety Code 5 25364, to insure,
protect, hold harmless and indemnify the city from liability.
(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 within a minimum limit of $10,000,000.00
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 protect the
permittee and the city from any claim for damages for bodily
injury, including accidental death, as well as from any claim for
property damage which may arise from operations performed
pursuant to this chapter, whether such operations are by the
Permittee itself, or by its agents, employees and/or subgrantees.
Copies of the policies or endorsements evidencing the above
required insurance coverage shall be filed with the city clerk.
All of the following endorsements are required to be made a part
of the insurance policies required by this section:
(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. The limits of such insurance coverage, and
companies, shall be subject to review and approval by
the city manager every year and may be increased at
that time and match the coverage provided by the city's
own liability insurance policy. The city shall be
included as a named insured on each of the policies, or
Policy endorsements. All such policies shall contain at
a minimum a provision requiring a 30 -day notice to be
given to the city prior to cancellation, modification
or reduction of limits. The amounts of public liability
insurance for bodily injury and property damage shall
be subject to review and adjustment by the council.
(g) 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
nV
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 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.
The permittee must agree to perform the terms of the permit in
such a manner so as to comply with all applicable local and state
laws and regulations pertaining to the collection, storage and
transportation of solid waste. The permittee shall also comply
with all other ordinances and regulations of the city and
applicable laws and regulations of the county and state, and
shall obtain and keep in force all required permits and business
licenses throughout the life of the permit and all renewals
thereof.
(j) Development of SRRE program. The permittee shall divert,
by January 1, 1996, a minimum of 25 percent of the permittee's
prorata share of the city's waste stream*as determined quarterly,
and should the permit remain in effect through January 1, 2000,
50 percent of the permittee's prorata share as determined
quarterly. The permittee shall expend all funds reasonably
necessary to design, develop, and implement, at the city's
direction, any program that has been identified in the city's
source reduction and recycling element (SRRE), and incorporated
herein by reference, capable of achieving compliance with AB 939.
The city agrees that it will cooperate, participate and consult
with the permittee in the design, development, and implementation
of any city directed SRRE programa
(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.
III
(Ord. No. 02(1996), § 2, 2-6-96)
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.
(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
T�
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 5 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. 02CZ996), 5 2, 2-6-96)
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 permittees 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
Ll1
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 demonstration purposes, up to
four composting bins of a size, weight, nature and type
to be minimally intrusive on the community with respect
to aesthetics, vector control, and ease of use. These
bins shall be delivered to public facilities (e.g.,
parks) designated by the city manager within two weeks
after notification. In addition, the permittee shall
assist the.city in developing a public outreach
campaign by providing educational material, as well as
an individual, knowledgeable on composting/organic
gardening or other related topics, to lecture in up,to
two composting demonstration events per year.
(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:
�p
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.
(11) The permittee shall, at a minimum, offer a 15 percent
1\
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), 5 2, 2-6-96)
�ti
A/11'¢IAAVT 3
MEMORANDUM
TO: All SoNd Wash Permittees
FROM. J. Michael Huls, REA, Integrated Environmental Services Coordinstor
DATE: November 23,19"
RE: Solid tl mb Disposal Tonnage by Sector for 1998
Permittees have asked for the latest data on solid waste disposal in the City of Diamond Bar
(City). Based on Information provided by all permitle", the Disposal Reporting System, and the
California Integrated Waste Managetnent Board (Board), the City has compiled a reasonably
accurate portrait of solid waste disposed.
In 1996, the City reportedly disposed 54,241 tons of refuse, according to official records of the
Board. Official solid waste permittees' reports identified a total of 44,402 tons collected for
disposal from all generating sectors. The diHerentlel of 9,839 tons (Board total minus
permittees' totals) is likely the result of aelf-haul (special permitted and non -permitted entities).
Incidentally, the City's official 1998 diversion rade is 34% as identified by the Board.
It is not known as to the origin by sector of the self -haul total. The permittees' aggregate
quantity of 44,402 tons is probably distributed as follows:
• Single family type accounts' = 30,874 tons
• Multi -family bin accounts z 5,676 tons
• Commercial bin accounts = 6,659 tons
Rolm off bin accounts Is 1,193 tons
Reproseals a condmood UW herr all bervet4wv9d residential aeoerrds Yaludlna sinillo4ornily me'A nr (sFRs)
plus nada-family residences (MFRy fawn bonus and condos. SERs probably a000unhd for obad 94.000 ions.
b•rina •.V4 Alspeaad Naw MFR lows Maass and cordes.
4 R, F40
Attachment 4: Range of Maximum Existing Rates
This page is to be replaced with information concerning existing rates.
D -R -A -F -T
FOR DISCUSSION ONLY
CONFERS NO RIGHTS
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR
01-111
1 II
NOTE: The @@ symbols indicate need for additional information, dates, quantities, prices,
etc., or policy decision.
Date of Printing; January 25, 2000
Diamond Bar Solid Waste Draft Agreement
TABLE OF CONTENTS
PAGE
SECTION I. GRANT OF RIGHT AND PRIVILEGE TO COLLECT SOLID
WASTE AND RECYCLABLE MATERIALS .......................................... 2
A.
Binding Agreement............................................................................
.
B.
Grant of Rights; Exclusions..................................................................
C.
Waiver of Rights..............................................................................
D.
Gardeners and Landscapers............................................................
0 .....
E.
Sale or Gift of Recyclable Materials........................................................
F.
Incorporation..................................................................................
.
G.
Other Services; Niche Recycling Services.................................................
H.
Flow Control...................................................................................
3
SECTION 2.
CONTRACTOR' S REPRESENTATION AND WARRANTY
J.
REGARDING DISPOSAL FACILITIES .................................................
4
SECTION3. TERM........................................................................................... 4
SECTION4. DEFINITIONS............................................................................... 4
A.
"AB 939" or "Act"...........................................................................
.
B.
"Construction and Demolition Waste" .....................................................
C.
"Contract Fee".................................................................................
D.
"Contract Rights".............................................................................
.
E.
"Green Waste" or "Yard Waste"...........................................................
F.
"Green Waste Containers"...................................................................
G.
"Materials Recovery Facility"...............................................................
H.
"Multi -Family Bins"..........................................................................
I.
"Multi -Family Units".........................................................................
J.
"Recyclable Solid Waste"....................................................................
K.
"Recycled"......................................................................................
L.
"Recycling Container".......................................................................
.
M.
"Residential Solid Waste" ..........................................
I .........................
N.
" Scavenging.....................................................................................
6
SECTION 5. COMPLIANCE WITH LAWS AND REGULATIONS ............................... 6
SECTION 6. TYPES AND FREQUENCY OF SERVICE ............................................. 6
A. Solid Waste Services - General.............................................................. 7
B. Recycling Services............................................................................ 7
1. Recyclable Solid Waste Collection .................................................. 7
—�— Date of Printing: January 26, 2000
Diamond Bar Solid Waste Draft Agreement
SECTION 7. COLLECTION EQUIPMENT............................................................. 9
SECTION 8. PRIVACY ....................... .. 9
A. General . .........................
B. Mailing Lists ......................... ................... ....................
C. Privacy Rights Cumulative .................................... ............................... 9
...............................
SECTION 9. SERVICE EXCEPTIONS; HAZARDOUS WASTE
NOTIFICATIONS............................................... ....................... 9
A.
2. Community Development Review Services ....................................... 7
10
3. Purchase of Recyclable Materials ...................................................
Hazardous Waste Inspection and Reporting .............................. ...............
4. Scavenging - Discouragement
C.
....................................................... . ................. 7
C.
Green Waste Collection ........................
D.
Hours of Collection; Holidays............................................................... 8
E.
Holiday Tree Recycling
F.
............................ ...............
. ............. . . ...........
Telephone Directory Collection
G.
.............................................................
......
Bulky Goods Pick -Up
B.
........................................................... ......... ...........
H.
Customer Education Program .......... ............................. 8
SECTION 7. COLLECTION EQUIPMENT............................................................. 9
SECTION 8. PRIVACY ....................... .. 9
A. General . .........................
B. Mailing Lists ......................... ................... ....................
C. Privacy Rights Cumulative .................................... ............................... 9
...............................
SECTION 9. SERVICE EXCEPTIONS; HAZARDOUS WASTE
NOTIFICATIONS............................................... ....................... 9
A.
Refusal or Failure to Collect...............................................................
10
B.
Hazardous Waste Inspection and Reporting .............................. ...............
10
C.
Hazardous Waste Diversion Records .....................................................
10
SECTION 10.
CUSTOMER SERVICE ..........................................
10
................
A.
Office Hours ..............................
10
B.
.......................
Emergency Telephone Number
C.
...................................
Service Complaints..........................................................................
10
10
SECTION 11.
OWNERSHIP OF SOLID WASTE ......................................................
11
SECTION 12.
MARKETING OF RECYCLABLE SOLID WASTE. ..........................
11
SECTION 13.
RATES AND BILLING...................................................................
11
A.
Rates .........................
11.
B.
Adjustment of Rates ................ .
C.
Resolution of Disputes Regarding Rate Adjustments ........... . .....................
11
D.
Billing and Payment ...............
E.
Contract Fee; Payment
.....................................................................
12
SECTION 14.
CONTRACTOR' S BOOKS AND RECORDS; AUDITS ............................
12
-ii- Date of Printing: January 26, 2000
Diamond Sar 4n1id Waste Draft Agr.waa,t
SECTION 15. AB 939 REPORTING REQUIREMENTS ............................................. 12
SECTION 16. ACTIVITIES AND FINANCIAL REPORTS AND ADVERSE
INFORMATION............................................................................ 13
A. Monthly and Quarterly Reports and Other Information ............................... 13
1. Monthly Reports..................................................................... 13
2. Quarterly Reports.................................................................... 13
a. Recyclable Solid Wastes (including Green
Wastes)........................................................................ 13
b. Hazardous Waste Diversion Reports .................................... 14
B. Annual Report ................................. .............................. 14
I. General Information.................................................................
14
2. Prior Year' s Activities..............................................................
14
3. Recommendations.................................................................. 14
C. Reporting Adverse Information........................................................... 14
D. Failure to Report ............................................................................ 14
E. City's Review of Contractor's Performance ............................................ 15
F. Costs...........................................................................................
15
C. Certification................................................................. .
15
G. Submission of Reports......................................................................
15
I. CERCLA Defense Records .............................. 15
..................................
SECTION 17. INDEMNIFICATION AND INSURANCE ............................................ 17
A. Indemnification of City..................................................................... 17
B. Hazardous Substances Indemnification................................................... 17
C. AB 939 Indemnification.................................................................... 18
D. Workers' Compensation and Employers' Liability Insurance ........................ 18
E. Liability Insurance ................................ .. ....
F. Evidence of Insurance Coverage; Insurance Repository ........... . .................. 19
G. Self -Insurance ............................................................................... .
19
H. Reduction of CERCLA and Other Liability ............................................. 19
SECTION 18. CASH AND PERFORMANCE BONDS ............................................... 19
SECTION 19. EMERGENCY SERVICE................................................................. 20
—III— Date of Printing: January 26, 2000
Diamond Bar Solid Waft Draft Agreement
SECTION 20. ADMINISTRATIVE REMEDIES; TERMINATION ................ .............. 21
A. Notice; Response; Resolution; Appeal ................................................... 21
1. Notice of Deficiencies; Response ................................................. 21
2. Review by Coordinator; Notice of Appeal ...................................... 21
3. Review by City Manager; Appeal ................................................ 22
B. City Council Hearing....................................................................... 22
C. City Council Determination................................................................ 23
D. Notice of Appeal to Referee............................................................... 23
E. Reservation of Rights by City ............................................................. 23
F. Cumulative Rights........................................................................... 24
SECTION 21. REFERRAL TO REFEREE; HEARING PROCEDURES .......................... 24
A. Applicability ..................................................................................24
B. Reference of Dispute........................................................................ 24
1. Procedure for Appointment ............ ........ ............
.......... ..............
24
2. Ex Parte Communications Prohibited ............................................
25
3. Cooperation...........................................................................25
4. Discovery .............................................................................
25
5. Standards for Decision..............................................................
25
6. Evidence and Findings..............................................................
25
7. Remedial Authority ..................................................................
26
8. Stay Pending Entry of Final Judgment ...........................................
26
9. Allocation of Referee' s Costs ......................................................
26
C. Decision.......................................................................................26
D. Exclusive Remedies........................................................................ 26
SECTION 22. CITY S ADDITIONAL REMEDIES .................................................... 26
SECTION 23. TRANSFER OF RIGHTS; CITY CONSENT; FEES ................................ 26
SECTION 24. USE OF PROGRAM NAME ............................................................. 27
SECTION 25. GENERAL PROVISIONS................................................................ 28
A. Force Majeure............................................................................... 28
B. Computer Hardware and Software....................................................... 28
C. Independent Status........................................................................... 28
D. Pavement Damage........................................................................... 28
E. Property Damage............................................................................ 29
F. Law to Govern; Venue..................................................................... 29
—iv— Date of Printing: January 26, 2000
Diamond Bar Solid Wade Draft Agreement
G. Gratuities................................................................................... . .. 29
H. AB 939 Amendments....................................................................... 29
I. Amendments.................................................................................
29
J. Notices ........................... ............................................................ .
29
K. Savings Clause and Entirety...............................................................
30
L. Joint Drafting •............................................................................... 30
EXHIBIT "Amen RATES.......................................................................................-
A1
EXHIBIT "B" ]WLEMENTATION SCHEDULE .................................................... B-1
EXHIBIT "C' HAZARDOUS SUBSTANCES INDEMNIFICATION ............................. C-1
_V_ Date of Printing: January 26, 2000
AGREEMENT FOR LP,
" a
_TEGRATED SOLID WASTE MANAGEMENT SERVICES
This AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES
("Agreement") is entered into this day of 2000, by and between the CITY OF
DIAMOND BAR ("City') and , a corporation, for
the collection, transportation, recycling, composting and disposal of solid waste, including green
waste and recyclable solid waste.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, (the "Act" or "AB 939") established a solid waste
management process which requires cities and other local jurisdictions to implement plans for
source reduction, reuse and recycling as integrated waste management practices, and
WHEREAS, The Public Resources Code, including § 40059, provides that aspects of
solid waste handling of local concern include but are 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 services, and whether the services are to be provided by means of
nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which
may be granted by local government under terms and conditions prescribed by the governing body
of the local agency; and
WHEREAS, City is obligated to protect the public health and safety of the residents and
businesses of the City of Diamond Bar and collection of residential and commercial solid wastes
should be made in a manner consistent with the exercise of the City's obligations for the protection
of public health and safety; and
WHEREAS, City and Contractor are mindful of the provisions of the laws governing the
safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource
Conservation and Recovery Act ("RCRA"), 42 U.S. C. §§ 6901 et M. and the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA" ), 42 U.S.C. §§ 9601 et
M.; and
WHEREAS, City and Contractor desire to leave no doubts as to their respective roles and
to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or
an "arranger" as those terms are used in the context of CERCLA § 107(ax3) and that it is
Contractor, an independent entity, and not City, which will collect from residential and commercial
premises in the City of Diamond Bar, transport and dispose of solid wastes (which may contain
small amounts of consumer products with the characteristics of hazardous substances); collect,
transport, and recycle and/or compost green waste and recyclable solid wastes collected from
premises in the City of Diamond Bar; and
WHEREAS, there are no places within the City of Diamond Bar where landfills are
located, or which are suitable for the siting of a landfill, and therefore residential and commercial
solid waste must be exported from the City; and
1 _ nate of Printing: January 25. 2000
Diamond t3.r In w.Wd W. Zvbnau—t o-vIeea llratt Agreement
WHEREAS, Contractor, and not City, will select the transfer station, landfill or
transformation facility destination of the unrecoverable residential and commercial solid waste that
Contractor will collect and City has not, and by this Agreement does not instruct Contractor on its
collection methods, nor supervise the collection of waste.
WHEREAS, Contractor represents and warrants to City that it has the experience,
responsibility and qualifications to conduct recycling programs, to provide City with information
sufficient to meet the City's reporting requirements under AB 939, to meet the City's requirements
as set forth in City's Source Reduction and Recycling Element, which, by this reference, is
incorporated into and made a part of this Agreement, to assist the City in meeting City's other
requirements under AB 939, to collect, transport and dispose of solid waste in a safe manner which
will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability
to indemnify the City against liability under CERCLA; and
WHEREAS, the City Council of the City of Diamond Bar determines and finds pursuant to
California Public Resources Code Section 40059(axl), that the public health, safety and well-
being, including the minimization of adverse impacts on air quality and traffic from excessive
numbers of collection vehicles, the implementation of measures consistent with the City's Source
Reduction and Recycling Element, and the protection of the City against CERCLA liability, require
that Contractor be awarded a contract for collection, recycling and disposal of Solid Waste from
residential and commercial premises in the City of Diamond Bar.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. GRANT OF RIGHT AND PRIVILEGE TO COLLECT SOLID WASTE
AND RECYCLABLE MATERIALS.
A. Binding Agreement. In consideration of the mutual promises contained herein,
City and Contractor agree to be bound by and comply with all of the requirements of this
Agreement.
R Grant of Rights; Exclusions. This Agreement grants to Contractor for the
Period specified in SECTION 3 of this Agreement during which collection services are to be
Provided, the right and privilege to collect, transport, process, recycle, compost, retain and dispose
of all residential and commercial solid waste, as defined in this Agreement, produced, generated
and/or accumulated within the City, except as otherwise provided below. Service to all residential
and commercial premises in the City utilizing barrel service is covered by this Agreement. The
collection and disposal of construction and demolition waste from residential and commercial
premises, through the use of bins, is within the scope of this Agreement. Collection of residential
solid waste from Multi -Family Residences (11fRs) is within the scope of this Agreement. As
provided below, specialized single source -separated "niche" recycling services, e.g., collection of
used hot water heaters, specialized routes for organic wastes, etc., may be excluded by City from
the rights awarded by this Agreement. Disposal of green waste produced as a result of City's
landscape maintenance operations and contracts may be within the scope of this Agreement as
determined by the City.
-2- Date of Printing: January 25, 2000
Diamond Bar Integrated Warn Menageo.aet garvtces Draft kg,Gment
C. Waiver of Rights. Contractor waives any right it may have to challenge the
terms of this Agreement under federal, state or local law, or administrative regulation, except as
provided in the administrative remedies provisions of SECTIONS 20 and 21 of this Agreement.
DiaContrmactorond waives any right or claim to serve residential and commercial premises in the City of
Bar as its boundaries exist as of the date of execution of this Agreement under any prior
grant of franchise, contract, license or permit issued or granted by City relating to the waste stream
covered by this Agreement and including whatever, if any, rights Contractor may have under the
Public Resources Code or prior law.
D. Gardeners and Landscapers, This Agreement
landscapers from collecting and composting or shall not prohibit gardeners and
tr
such green waste to a Compost Fatality or other sansngpermit�� waste, as long as they transport
California Integrated Waste Management Board in ed (� exempt from permitting) by the
Manag accordance with all governing laws and
regulations and they submit timely proof of disposition reports to City and Contractor.
E. Sale or Gift of Recyclable Materials. This Agreement shall not be construed to
prohibit any person from selling recyclable materials or giving recyclable materials away to persons
or entities other than Contractor.
F. Incorporation. Territory that is incorporated into the City boundaries shall be
added to the area covered by this Agreement.
G. Other Services; Niche Recycling Services, City reserves the right to enter into
agreements with other entities for other solid waste and recycling services not provided for in this
Agreement, including, but not limited to street sweeping (and disposal incident to the conduct of
street sweeping operations), disposal of green waste produced by City's landscape maintenance
operations, contract services and "niche" recycling services which Contractor fails to provide and
the conduct of Household Hazardous Waste pickups and roundups. In the event another solid waste
enterprise proposes to provide niche recycling services, e.g., collection of water heaters, Contractor
shall have the right to offer the niche recycling services at the price equal to or lower than the price
proposed by the solid waste enterprise, which proposed to provide the niche recycling services.
However, in such instances the recyclable materials must be segregated from and not mixed with
solid waste (less than or equal to 101/o residue).
H. Flow Control. City reserves whatever, if any, right it might receive from
Congress to exercise "flow control" i.e.,
facilities to which the solid waste to be the right to select disposal facilities and materials recovery
the
pursuant to this Agreement is to be taken. In the
event City directs Contractor to transport Solid Waste to a particular disposal or other facility, City
and Contractor agree to use their best efforts to obtain indemnification against CERCLA and related
claims from the operator of the landfill or other destination to which solid waste collected pursuant
to this Agreement is taken for disposal. In the event City requires Contractor to utilize a landfill or
Other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor
shall be relieved of its liability with respect to the matters addressed in SECTION 17.B of this
Agreement with respect to the solid waste delivered to a disposal fadlitY desi
City. in
addition Contractor shall be relieved of its duties under SECTION 17.0 AB 93399 tedby
Indemnification"
to the extent that Contractor' s ability to meet the diversion goals is adversely affected by City' s
—3— Date of Printing; January 25, 2000
Diamond Der h1kWatW Wa tvuuwga u oeivlcaa Dran Agreement
selection of a disposal facility. In the event that City selects a transfer or disposal facility,
Contractor shall be entitled to a rate adjustment to offset for any substantiated increase in expenses
resulting from the City's exercise of flow control.
SECTION 2. CONTRACTOR'S REPRESENTATION AND WARRANTY REGARDING
DISPOSAL FACILITIES.
Contractor represents and warrants to City that Contractor will dispose of all solid waste
(except for recyclable solid waste and green waste) collected pursuant to this Agreement at a
"Contractor Facility" or an "Approved Alternative Facility" as those terms are defined in this
Agreement.
SECTION 3. TERM.
A. Collection services under this Agreement shall be provided commencing on the
first day of @@ 2000 and ending at midnight on the last day of (a@@, 2005.
B. This Agreement also requires Contractor to provide services (e.g., customer
information) prior to the start of collection and to provide other services (e.g., access to landfill
destination information, insurance, CERCLA and other indemnification and an insurance policy
repository) beyond the period during which integrated waste management services are to be
provided pursuant to this Agreement.
SECTION 4. DEFINITIONS.
Whenever any term used in this Agreement has been defined by the Diamond Bar City
Code, Division 30, Part 1, Chapter 2 of the California Public Resources Code or the California
Health and Safety Code, the definitions in the City Code, Public Resources Code or Health and
Safety Code shall apply unless the term is otherwise defined in this Agreement.
A. "AB 939" or "Act" means the California Integrated Waste Management Act of
1989, codified in part at Public Resources Code §§ 40,000 et seq., as it may be amended from
time to time and as implemented by the regulations of the California Integrated Waste Management
Board, or its successor.
B. "Construction and Demolition Waste" means discarded building materials,
recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall,
cement and rubble resulting from construction, remodeling, repair and demolition operations.
"Construction and Demolition Waste" is within the scope of this Agreement.
C. "Contract Fee" means the fee or assessment imposed by the City on Contractor
because of its status as party to this Agreement and which, inter alias is intended to offset the City' s
expenses in administering this Agreement and Integrated Waste Management Program and to
compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure
resulting from contractor's exercise of its Contract Rights, the expenses of administering the
program for the solid waste stream, reporting requirements under the Act and other related
-4- Date of Printing: January 25, 2000
Diamond Bar Integrated Wade Management services Draft Agreement
expenses.
D. "Contract Rights" means the rights and privileges granted to Contractor by this
Agreement.
E. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush and
branches generated from landscapes or gardens at any premises, and incidental pieces of scrap
lumber no longer than twenty-four inches (24"), separated from other solid waste. "Green waste"
includes holiday trees but does not include stumps or branches exceeding four inches (4") in
diameter or four feet (4') in length.
F. "Green Waste Containers" means containers provided by service provider for
the temporary accumulation of green waste.
G. 'Materials Recovery Facility" means 1) A facility licensed or permitted in
accordance with AB 939 which separates secondary materials, such as mixed glass and metal
containers and processes them for sale to end users; 2) A firm that purchases and markets
source -separated solid wastes and recyclable materials.
H. 'Multi -Family Bins" means bins intended to be utilized for the temporary
accumulation and collection of residential solid waste from Multi -Family Residences.
L 'Multi -Family Residences" means residential units such as apartments,
condominiums and town homes, other than single family residences (SFRs), which utilize multi-
family bins, as defined in this Agreement, and not cans or carts, for the temporary accumulation
and collection of residential solid waste. Multi -Family Residences (NffRs) are covered by this
Agreement. Hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other
similar places, are covered by this Agreement, but are not defined as MFRS.
I "Recyclable Solid Waste" means recyclable items that have been source -
separated before having been discarded into the residential solid waste stream. "Recyclable Solid
Waste" is a part of the residential solid waste stream which can be reused or processed into a form
suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB
939. As of the date of execution of this Agreement, recyclable solid waste includes:
1. Aluminum cans;
2. Glass jars and bottles;
3. Steel, bi-metal and tin cans;
4. Plastic soda pop bottles and other Type #1 containers (PET—polyethylene
terephthaleate);
5. Plastic milk and water jugs and other Type #2 containers (HDPE --high
density polyethylene);
6. Type #3 plastic containers (V— polyvinyl chloride);
7. Type #4 plastic containers (LDPE—low density polyethylene),-
8.
olyethylene);8. Type #5 plastic containers (PP— polypropylene);
9. Juice boxes and milk cartons (aseptic packaging)
—5— Date of Printing: January 25, 2000
Diamond Bar IntWatod w..t. M..,.,f®.oa a>� i_ saran ^yrc ML
10. Newspapers,
11. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback
books, envelopes, paper shopping bags and non-metallic wrapping
per);
12. Corrugated cardboard;
13. Chlorofluorocarbons (contained in Bulky Goods set out for collection to
be collected under SECTION 6. G);
14. Used motor oil and oil filters,
15. Tires (if set out for collection as Bulky Goods to be collected under
SECTION 6. G); and
14. Wood (incidental scrap pieces if set out for collection with Green Waste).
The foregoing list may be modified in writing to add additional recyclables as markets develop.
Contractor shall collect all of the foregoing, and process and market such of the foregoing items as
Contractor determines are feasible to market for recycling.
K 'Recycled" means the act of having processed recyclable solid waste into a form
suitable for reuse and having marketed those processed materials for a use consistent with the
requirements of AB 939. The act of marketing does not require that revenue is generated from the
processed materials.
L. "Recycling Container" means any container for the temporary accumulation and
collection of source -separated recyclable solid wastes delivered by Contractor, at Contractor's sole
expense, to any premises covered by this Agreement or previously provided by City or any other
entity. Title to recycling containers provided by Contractor shall be and remain in Contractor.
NL "Residential Solid Waste" means all types of solid waste, including any
household products with the characteristics of Hazardous Waste which may be found to have been
placed in the residential solid waste stream, including green waste and recyclable solid wastes
placed for collection by service recipients, which originates from SFRs and MFRS located within
the City and which is to be collected pursuant to this Agreement. "Residential Solid Waste" does
not include commercial solid waste generated or accumulated at hotels, motels, nursing homes or
convalescent centers, barracks, dormitories or other similar places or institutions.
N. "Scavenging" means the unauthorized removal of recyclable solid waste.
Scavenging is prohibited by Public Resources Code § 41950.
SECTION 5. COMPLIANCE WITH LAWS AND REGULATIONS.
Contractor warrants that it will comply with all applicable laws and implementing regula-
tions, as they, from time to time, may be amended, specifically including, but not limited to
RCRA, CERCLA, AB 939 and all other applicable laws and regulations of the State of California,
the County of Los Angeles, ordinances of the City and the requirements of Local Enforcement
Agencies and other agencies with jurisdiction.
SECTION 6. TYPES AND FREQUENCY OF SERVICE
-6- Date of Printing: January 25, 2000
Diamond Bar Integrated Waatc Managomont servtcea Draft Agreement
A. Solid Waste Services - General, In order to protect the public health and
safety, Contractor shall provide for the collection of all solid waste generated or accumulated within
the City not less often than once per week. Contractor shall collect residential solid waste from the
rear yard or other location convenient to the resident for physically challenged residents with State
of California handicapped placards at no additional charge to the resident or to City. Contractor
shall provide route maps and schedules to City, and consider City's suggestions, as City's air
quality Traffic Demand Management Plan may be affected by routes and scheduling.
R Recycling Services.
1. Recyclable Solid Waste Collection. Contractor, at Contractor's sole
expense, shall deliver recycling containers, to be used exclusively for accumulation, separation and
collection of recyclable solid wastes to each residential solid waste service recipient. Contractor
shall collect, remove and, if a market exists, recycle, all recyclable solid waste as defined pursuant
to SECTION 4, placed in recycling containers. Contractor agrees to use its best efforts to process
recyclable solid waste through a Materials Recovery Facility in order to maximize the diversion of
residential solid waste from landfilling. Contractor, at the sole expense of Contractor, shall replace
residents' recycling containers which Contractor provided, and shall deliver City -provided
replacement recycling containers to replace containers reported to have been lost or stolen, or which
have been damaged through no fault of the service recipient.
2. Community &` Dnment Review Services. Contractor, upon City's
request, shall assist City's Community & Development Services Department in the review of
applicants' plans for multi -family residential projects to provide for effective and economical
accumulation and collection of recyclable materials and residential solid waste, including recyclable
solid waste.
3. Purchase of Recyclable Materials. Contractor may offer services for the
purchase of recyclable materials from its residential solid waste service recipients, but will not have
any exclusive rights to so.
4• Scag - Discouragement. Contractor will take whatever, if any,
legal actions which may be appropriate and effective to discourage scavenging of Recyclable Solid
Waste from the Residential Solid Waste Stream.
C. Green Waste Collection. Contractor shall collect and remove all Green Waste
placed in Green Waste Containers, put out for collection at a location acceptable to the service
recipient and Contractor at least once per week. Contractor, at its sole expense, shall provide
service recipients with decals, tags or other means of distinguishing Green Waste containers.
Contractor, at its sole expense, may provide residential service recipients with containers suitable
for automated collection of Green Waste, should Contractor and City agree to provide automated
Green Waste services. EXHIBIT "C" and SECTION 17.B. shall govern the CERCLA
indemnification for Green Waste collected by Contractor, along with all other Residential Solid
Waste.
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UTAMOnd Har lntegratad waste r4magemmt x vwda uratt ngra L
D. Hours of Collection; Holidays. Contractor agrees that, in order to protect the
peace and quiet of residents, its collection of Solid Waste shall not start before 6:30 a.m. or
continue after 6:30 p.m. No collections are to occur on days on which holidays are observed, i.e.,
January 1st, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, or
Sundays. Site and route -specific exceptions may be made to these limitations by the City's AB 939
Coordinator (referred to in this Agreement as the "Coordinator"), in the exercise of the
Coordinator' s sole discretion, if requested by Contractor.
E. Holiday Tree Recycling. Contractor shall collect, transport and use its best
efforts to recycle all Holiday Trees which are placed for collection during the period beginning on
the first collection day after December 25th and ending at 5:00 p.m. on the second Saturday in
January. "Holiday Trees" shall include, but are not limited to, Christmas trees and Hanukkah
bushes. Holiday Trees placed for collection must be cut into lengths no longer than six feet, be free
of ornaments, garlands, tinsel and flocking, and stands must be removed.
F. Telephone Directory Collection. As part of Contractor's recycling program,
Contractor shall develop a cooperative program with distributors of telephone directories for the
collection of outdated telephone directories from residential and commercial service recipients.
G. Bulky Goods Pick -Up. Contractor shall provide Citywide Bulky Goods pick-up
on a Saturday to be selected by the City at least once every quarter, at no additional charge to City
or residential service recipients. This Bulky Goods Service is for the use of residents, and does not
extend to the collection of construction, renovation and demolition debris, or other similar materials
put out for collection at multi -family units. Contractor shall not be required to remove automobile
bodies, or any other items which may not be safely handled by two persons. Contractor shall
comply with all applicable regulations governing the recovery of ozone depleting refrigerants
during the disposal of air conditioning or refrigeration equipment, including, but not limited to 40
C.F.R. Part 82.
Bulky Goods collected by Contractor may not be landfilled or disposed of until the
following hierarchy has been followed by Contractor :
1. Reuse as is (if energy efficient)
2. Disassemble for reuse or recycling
3. Recycle
4. Disposal.
This hierarchy precludes the use of front- or rear -loading packer vehicles for bulky goods unless the
compaction mechanism is not used to compact the Bulky Goods, or they have been designated for
disposal.
H. Customer Education Program. Contractor will develop and implement an
Education Program for the City's Integrated Solid Waste program, with goals, strategies and
timetables (at no additional cost to City or Service Recipients). The Education Program will
include information with respect to AB 939 diversion goals, Bulky Goods pick-ups, Green Waste
Diversion Programs and the importance of the safe disposal of Household Hazardous Waste.
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Diamond Bar Integrated Waste Management Services Draft Agreement
Contractor will provide and distribute information on City's Community Television and literature in
the form of fliers, cards, stickers, or otherwise as Contractor determines to be most effective.
Contractor may also utilize other promotional activities to achieve the goals of this Agreement,
including participation in school assemblies and demonstrations, Chamber of Commerce and other
local activities, parades and other civic events.
SECTION 7. COLLECTION EQUIPMENT.
Contractor warrants that it shall provide an adequate number of vehicles and equipment for
the collection, disposal and transportation services for which it is responsible under this Agreement.
To protect peace and quiet in residential areas the noise level generated by compaction vehicles
using compaction mechanisms during the stationary compaction process shall not exceed a single -
event noise level of eighty-six (86) decibels (dB)A at a distance of fifty (50) feet from the collection
vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to
City, upon City's request, a certificate of vehicle noise level testing, by an independent testing
entity, for any collection vehicle as to which City or Contractor has received more than one
complaint regarding excessive noise in any twelve-month period. Contractor warrants that it will
comply with all measures and procedures promulgated by all agencies with jurisdiction over the
safe, sanitary operation of all its equipment Contractor agrees to use its best efforts to prevent
damage to private streets over which its collection equipment may be operated and to obtain all
required approvals for operation of its collection vehicles on private streets. Contractor agrees to
maintain its refuse bins in the City of Diamond Bar free of graffiti or "tagging." In addition, any
emergency containers placed at schools and at City Hall or other City Facilities must likewise be
kept free of graffiti or "tagging." Finally, Contractor shall mark all of its refuse bins in the City
with conspicuous notices warning that the disposal of Hazardous Substances in Bins is prohibited.
SECTION 8. PRIVACY.
A. General. Contractor shall strictly observe and protect the rights of privacy
of service recipients. Information identifying individual service recipients, or the composition or
contents of a service recipient s Solid Waste shall not be revealed to any person, governmental unit,
private agency or company, unless required by law or upon authorization of the service recipient.
This provision shall not be construed to preclude Contractor from preparing, participating in, or
assisting in the preparation of Solid Waste Characterization studies or waste stream analyses that
may be required by AB 939.
B. Mailing Lists. Contractor shall not market or distribute mailing lists with the
names and addresses of service recipients.
C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to
this SECTION shall be in addition to any other privacy rights accorded service recipients pursuant
to federal or state law.
SECTION 9. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTTFICATTONS.
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Dimond D.r Int W -"d W� M-0-9 .i WM LAM Agreesnent
A. Refusal or Failure to Collect. When Solid Waste is not collected from any
Solid Waste service recipient, Contractor shall notify its service recipient in writing, at the time
collection is not made, through the use of a "tag" or otherwise, of the reasons why the collection
was not made.
B. Hazardous Waste Inspection and Reporting. Contractor reserves the right and
has the duty under law to inspect Solid Waste put out for collection and to reject Solid Waste
observed to be contaminated with Hazardous Waste and the right not to collect Hazardous Waste
Put out with Solid Waste. Contractor shall notify all agencies with jurisdiction, if appropriate,
including the California Department of Toxic Substances Control and Local Emergency Response
Providers and the National Response Center of reportable quantities of Hazardous Waste, found or
observed in Solid Waste anywhere within the City. In addition to other required notifications, if
Contractor observes any substances which it or its employees reasonably believe or suspect to
contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm
drains, streets or other public rights of way, Contractor will immediately notify the City Manager
or the City Manager' s designee.
C. Hazardous Waste Diversion Records. Contractor shall maintain records
showing the types and quantities, if any, of Hazardous Waste found in Solid Waste which was
inadvertently collected from service recipients within the City, but diverted from landfilling.
SECTION 10. CUSTOMER SERVICE.
A. Office Hours. Contractor has represented to City that Contractor will maintain
an office accessible by a local phone number. Contractor's office hours are to be from 8:00 a.m. to
5:00 p.m. on regular collection days. At Contractor's expense, its regular and emergency tele-
phone numbers shall be listed in Diamond Bar -area telephone directories under both Contractor's
name and the City's name. In addition, Contractor's employees are to be accessible by telephone
under SECTION 10.B, Emergency Telephone Number, below. Contractor shall have the
capability of responding to Service Recipients in English, Spanish, Chinese dialects and other
languages necessary for communication between Contractor and its service recipients.
B. Emergency Telephone Number. Contractor will maintain an emergency
telephone number for use outside normal business hours. Contractor shall have a representative, or
an answering or call -forwarding service to contact such representative, available at the emergency
telephone number during all hours other than normal office hours. Contractor shall be able to
respond to inquiries in English, Spanish, Chinese dialects and other languages necessary for
communication between Contractor and its service recipients.
C. Service Complaints. City and Contractor agree that the protection of public
health, safety and well-being require that service complaints be acted on promptly and that a record
be maintained in order to permit City and Contractor to identify potential public health and safety
problems. Accordingly, all Solid Waste Service Recipients' complaints shall be directed to
Contractor. During office hours, Contractor shall maintain a complaint service and a telephone
answering system. Contractor shall record all complaints, including date, time, complainant's name
and address if the complainant is willing to give this information, and date and manner of resolution
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Diamond Har Integrated Waage Management Services Draft Agreement
of complaint. Contractor shall maintain this information in a computerized daily Service Complaint
Log. In the case of a complaint for a missed collection received on a collection day, Contractor
shall make the election not later than 5 p.m. if it has been notified by noon, or on the first
collection day after the complaint is received, if the compliant was not received until after noon.
Any such calls received via Contractor's answering service shall be recorded in the Service
Complaint Log the following working day. This Service Complaint Log shall be available for
review by City representatives during Contractor's office hours and be accessible to the City during
business hours via modem. Contractor shall provide a copy of this Service Complaint Log on
computer disc, in a format compatible with City's computer system, to the City with the monthly
report.
SECTION 11. OWNERSHIP OF SOLID WASTE.
Subject to Contractor's duties under SECTION 8 of this Agreement, ownership and the
right to possession of Solid Waste, except Green Waste and Recyclable Solid Waste, shall transfer
directly from the service recipient to Contractor upon collection by Contractor. At no time shall
the City obtain any right of ownership or possession of Residential Solid Waste or Hazardous
Waste placed for collection and nothing in this Agreement shall be construed as giving rise to any
inference that City has any such rights.
SECTION 12. MARKETING OF RECYCLABLE SOLID WASTE.
Contractor agrees to market all Recyclable Solid Wastes collected pursuant to this
Agreement at fair market value, if a fair market value has been established in the marketplace at the
time of marketing. Contractor is entitled to all revenues received by Contractor from the marketing
of Recyclable Solid Wastes, subject to Contractor's payment of Contract Fees.
SECTION 13. RATES AND BILLING.
A. Rates. The rates for all Solid Waste (including Green Waste and Recyclable
Solid Waste) collection, transportation, processing, recycling and disposal services are set forth in
EXEMIT "A" to this Agreement.
B. Adjustment of Rates. Rates for all Solid Waste (including Green Waste and
Recyclable Solid Waste) services shall be adjusted as set forth in EXE BIT "A' to this Agreement.
C. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding
the computation of a rate adjustment shall be decided by the City Manager, or referred by the City
Manager to the City Council or to a referee as provided in SECTION 21, "REFERRAL TO
REFEREE; HEARING PROCEDURES." A rate adjustment computation decision by the City
Manager or the City Council may be appealed by Contractor in accordance with the procedures
provided in SECTIONS 20 and 21. The rates in effect at the time a rate adjustment dispute is
submitted to the City Council or to a referee shall remain in effect pending resolution of that dis-
pute. The effective date of a rate determined through the dilute resolution procedures provided in
SECTIONS 20 and 21, shall be April 1 st of the year in question.
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Diamond Bar integrated wmi, sa...:-- v .._,
D. Billing and Payment. Contractor bills residents of the City for solid waste
services. City and Contractor agree that the interests of efficiency would be served by having
Contractor continue billing Solid Waste services. Contractor shall bill all Solid Waste Service
Recipients for Solid Waste services as indicated on EMIM "A' and any other fees or charges, as
determined by Contractor. Billings may be made monthly, bimonthly or quarterly, as Contractor
shall decide, for all service recipients. Contractor billing services shall not be construed as creating
a joint venture or agency relationship with City.
E. Contract Fee; Payment. Contractor shall pay City a Contract Fee for each
month during which Contractor provides collection services pursuant to this Agreement. For the
period beginning on @@, 2000 and ending on June 30, 2005 the Contract Fee shall be @@ percent
(@(,a7%) of Gross Revenues, in accordance with Generally Accepted Accounting Principles. The
Contract Fee shall be paid by Contractor to City not latex than 12:00 noon on or before the 31st
calendar day after the end of each calendar month ging which collection services were provided
by Contractor. Accompanying each monthly payment shall be an accounting of the Gross
Revenues for the corresponding month. Failure of Contractor to make any payment within the
appropriate time period shall result in interest accruing thereon at the maximum rate permitted
under California law, in addition to all other remedies of City pursuant to this Agreement.
SECTION 14. CONTRACTOR'S BOOKS AND RECORDS; AUDITS.
A. In addition to the record retention requirements of SECTIONS 16.F.6 and 17.F,
below, Contractor shall maintain all records relating to the services provided hereunder, including,
but not limited to, route maps, customer lists, billing records, weight tickets, maps, AB 939 re-
cords, and customer complaints, for the period during which collection services are provided
pursuant to this Agreement, and an additional period of not less than three (3) years, or any longer
period required by law. The City shall have the right, upon reasonable advance notice, to inspect,
audit and copy all of Contractor's records relating to Contractor's provision of services pursuant to
this Agreement, including, but not limited to, route maps, customer lists, billing records, weight
tickets, AB 939 records and service recipient complaints, Contractor's payment of fees to City and
records which may be relevant in the event of an action under CERCLA or related claims. In the
absence of extraordinary circumstances, five (5) business days' notice shall be considered
reasonable. Such records shall be made available to City at Contractor's regular place of business,
but in no event outside the County of Los Angeles. Prior to destruction of records relating to the
services provided pursuant to this Agreement, Contractor shall provide copies or originals of such
records to City.
B. Should any examination or audit of Contractor's records reveal an overpayment
or underpayment by City to Contractor, the amount of overpayment, plus interest compounded
monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) days.
The amount of any underpayment shall be paid by City to Contractor in the ordinary course of
business.
SECTION 15. AB 939 REPORTING REQUIREMENTS.
Contractor shall cooperate with City in Solid Waste Disposal Characterization Studies and
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Diamond Dar Inecgrecd W2.L... . ea .:.w Dram ^s -
waste stream audits and shall implement measures adequate to achieve the City's source reduction,
recycling and waste stream diversion goals for the Solid Waste stream covered by this Agreement.
During the period during which collection services are provided pursuant to this Agreement,
Contractor at Contractor's sole expense, shall submit to City information and reports necessary for
City to meet its reporting obligations imposed by AB 939, and the regulations implementing AB
939, for the waste stream covered by this Agreement Contractor agrees to submit such reports and
information on computer discs, or by modem, in format compatible with City's computers, at no
additional charge, if requested by City.
SECTION 16. ACTIVITIES AND FINANCIAL REPORTS AND ADVERSE
INFORMATION.
A. Monthly and Quarterly Reports and Other Information. Contractor, at no
additional expense, shall submit to the City such other information or reports in such forms and at
such times as the City may reasonably request or require, including, but not limited to the
following:
1. MonthlyR�psr . Monthly Reports will be submitted to City, transmitted
in a format acceptable to City, by modem or disc, at City's option, if requested by City. The
monthly report shall show the number of tons collected and the tonnage delivered to disposal
facilities, itemized by disposal facility. A computer disc with a copy of the customer complaint log
shall be submitted with the monthly report.
2. QUjgSdj ftgM. In addition to providing a quarterly summary of the
monthly reports, Quarterly Reports shall include the following:
a. Rwyclable Solid Wasto (including Green Wastes):
(1) A statement showing, by type of material, tons
received each month and tons marketed during the
month.
(2) A report providing recycling information and the
number of Residential service recipients
participating.
(3) A narrative description of problems encountered
and actions taken, including efforts to deter and
prevent Scavenging. This is to include a
description of tons rejected for sale after
processing (type of material, tonnage), reason for
resection and Contractor's disposal method for the
resected materials.
(4) A report of recycling program promotional
activities, including materials distributed by
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Diamond Bar 7ntagratW wane Managmtett Services Draft Agreement
Contractor to its service recipients.
A copy or summary of the records required by SECTION 9. C,
above.
R Annual Report. By April 15th of 2001 and each year thereafter that collection
services are provided pursuant to this Agreement, Contractor shall submit to City a written year-
end Annual Report, for the preceding calendar year, in a form approved by the City. The Annual
Report shall include information as to timely compliance with EXHIBIT "B"
(IMPLEMENTATION SCHEDULE) and the following information for the year.
1. General Information. General information about Contractor , including a
list of Contractor's officers and members of its board of directors. A copy of Contractor's most
recent annual and other periodic public financial reports and those of its parent corporation,
affiliated corporations and other entities, if any, performing services under this Agreement, as the
City, following consultation with Contractor, may request, and as may be available.
2. Prior Year' s Activities. A report of the previous calendar year's (or, in
the case of the initial report, the initial nine months') activities in the City, including a cumulative
summary of the Quarterly Reports, and information and statistics with respect to City's compliance
with AB 939.
3. Recommendations. Changes in integrated waste management, including
projections and proposed implementation dates and costs, recommended by Contractor and
recommended amendments to the City's Source Reduction and Recycling Element or this
Agreement, based on developments in the law or technology. Contractor's recommendations with
respect to compliance with AB 939 shall state the specific requirement of AB 939 that the
implementation of the recommendation is intended to satisfy.
C. Reporting Adverse Information. Contractor shall provide City two copies (one
to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications,
Notices of Violation, communications or other material relating specifically to Contractor's
performance of services pursuant to this Agreeanemt, submitted by Contractor to, or received by
Contractor from, the United States or California Environmental Protection Agency, the California
Integrated Waste Management Board, Local Enforcement Agency, the Securities and Exchange
Commission or any other federal, state or local agency, including any federal or state court.
Copies shall be submitted to City simultaneously with Contractor's filing or submission of such
matters with said agencies. Contractor's routine correspondence to said agencies need not be
routinely submitted to City, but shall be made available to City promptly upon City's written
request.
D. Failure to Report. The refusal or failure of Contractor to file any required
reports, or to provide required information to City, or the inclusion of any materially false or
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Diamond Bar Integrated Waste Management Services Draft Agreement
misleading statement or representation by Contractor in such report shall be deemed a material
breach of the Agreement and shall subject Contractor to all remedies which are available to the City
under the Agreement or otherwise, provided, that the City must follow the procedures for dispute
resolution found in SECTION 20 of this Agreement before declaring any such material breach.
E. City's Review of Contractor's Performance. Annually, within ninety days of
City's receipt of the Annual Report required by SECTION 16.A, above, City shall review the
Annual Report and other available information and may hold a public hearing to determine whether
Contractor's performance for the year reported on was satisfactory and whether to implement any
changes recommended by Contractor. The reports required by this Agreement shall be utilized as
the primary basis for review. In addition, any customer comments or complaints and any other
relevant information may be considered. A Contractor representative shall be entitled to be present
and may participate at any public hearing held by City to review Contractor's performance. If any
noncompliance with the Agreement is reported to have occurred, City shall offer Contractor the
opportunity to comment and offer information in rebuttal and to correct any deficiencies.
F. Costs. All reports and records required under this Agreement shall be furnished
at the sole expense of Contractor.
a. Certification:
Contractor will provide a certification statement, under penalty of
perjury, by the responsible corporate official, that the report is
true and correct.
G. Submission of Reports. Reports shall be submitted to:
City Manager [or designated representative]
City of Diamond Bar
21660 East Copley Drive, STE 100
Diamond Bar, California 91765
Facsimile Number: 909.861.3117
Contractor agrees that cooperation between Contractor and the City is critical to the success of this
program. City reserves the right to request from Contractor additional information reasonably and
directly pertaining to this Agreement on an "as -needed" basis.
L CERCLA Defense Records, City and Contractor agree that the ability to
defend against CERCLA and related litigation is of great importance. For this reason, City and
Contractor regard the ability to prove where Solid Waste collected in the City was taken for
disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data
retention and preservation systems which, in the event of litigation, can establish where Solid Waste
collected in the City was landfilled (and therefore establish where it was not landfilled) and will
provide a copy of the reports required by SECTIONS 9.8, "Hazardous Waste Inspection and
Reporting, " 9.C, "Hazardous Waste Diversion Reports" and 16.17.2 "Quarterly Reports, " above, to
the City Clerk In addition, Contractor agrees to maintain copies of the foregoing reports for five
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Diamond Bar Integrated Waste Management Service Draft Agreement
(5) years after the end of the period during which collection services are to be provided pursuant to
this Agreement. Contractor agrees to notify City's Risk Manager and City Attorney before
destroying Contractor's copies of such records. This provision shall survive the expiration of the
period during which collection services are to be provided under this Agreement.
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Diamond Bar Tnteyr.ted w..t. at n sm..e. o_i._ a..cc ngreeme u
SECTION 17. INDEMNIFICATION AND INSURANCE,
A. Indemnification of City. Contractor, upon demand of the City, made by and
through the City Attorney, shall protect, defend, indennify and hold harmless City, its elected
officials, officers, employees, volunteers and agents from and against any and all losses, liabilities,
fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or
resulting in any way from City's grant of this Agreement to Contractor or Contractor's exercise of
its Contract Rights, inching the provision of services under this Agreement, unless such claim is
due to the sole negligence or willful acts of the City, its elected officials, officers, employees,
agents or contractors.
Contractor, upon demand of the City, made by and through the City Attorney, shall protect
City and appear in and defend the City and its elected officials, officers, employees and agents, in
any claims or actions by third parties, whether judicial, administrative or otherwise, including, but
not limited to disputes and litigation over the definitions of "solid waste" or "Recyclable Material"
or the limits of City's authority with respect to the grant of Licenses, or agreements, exclusive or
otherwise, asserting rights under the Commerce Clause (including the Dormant Commerce Clause
and federal or state legislation governing the process for the award of solid waste contracts) to
provide Solid Waste services. This provision shall survive the expiration of the period during
which collection services are to be provided under this Agreement, for claims arising prior to the
expiration of the period during which collection services are to be provided pursuant to this
Agreement. City and Contractor agree to confer following any trial to decide jointly whether to
appeal or to oppose any appeal. In the event City and Contractor jointly agree to appeal, or to
oppose any appeal, City and Contractor agree to share equally the costs of appeals. Should either
City or Contractor decide to appeal, or to oppose an adverse party's appeal, and the other decide
not to appeal, or not to oppose an adverse party's appeal, the party which decides to appeal, or to
oppose an adverse party's appeal, shall bear all fees and costs of the appeal or the opposition to the
adverse party's appeal.
B. Hazardous Substances Indemnification. With respect to Solid Waste collected
by Contractor pursuant to this Agreement which has been disposed of at places owned or operated
by Contractor, or an affiliate of Contractor, Contractor shall deliver a Hazardous Substances
Indemnification in the form, or the form in substance, as set forth in EXHIBIT "C" to this
Agreement. Such fatality shall be considered a " Contractor Facility."
With respect to Solid Waste collected by Contractor pursuant to this Agreement which has
been disposed of at places not owned or operated by Contractor, Contractor shall cause the owner
or operator of the alternate facility to deliver a Hazardous Substances Indemnification in the form,
or the form in substance, as set forth in EXEEBIT "C" to this Agreement. Upon delivery and
during the effective period of the Hazardous Substances Indemnification, such facility shall be
considered an "Approved Alternative Facility. "
Contractor represents and warrants to City that the disposal of Solid Waste shall occur only
at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to
City that it will undertake reasonable efforts to ensure that the disposal of Recyclable Materials and
Green Waste occur at a Contractor Facility or an Approved Alternative Facility.
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Diamond P— t.t�z—a W— is_..�_..�.. s—.-- a.—.y�.-.N.
C. AB 939 Indemnification. In addition to its duties pursuant to SECTION 15,
Contractor agrees to meet the requirements of City's Sauce Reduction and Recycling Element
with respect to the waste stream covered by this Agreement. Contractor agrees to protect, defend,
indemnify and hold City harmless against all fines or penalties imposed by the California Integrated
Waste Management Board in the event the diversion, source reduction and recycling goals of AB
939 are not met by the City of Diamond Bar with respect to the waste stream covered by this
Agreement, or Contractor's delays in providing information prevent City from submitting reports
required by AB 939 in a timely manner. City and Contractor agree to negotiate with respect to any
additional AB 939 -related services which Contractor and City agree to implement.
D. Workers' Compensation and Employers' Liability Insurance. Contractor
shall obtain and maintain in full force and effect throughout the entire term of this Agreement full
workers' compensation insurance and Employers' Liability Insurance with a minimum limit of
ONE MILLION DOLLARS ($1, 000, 000.00) in accord with the provisions and requirements of the
Labor Code of the State of California. Copies of policies and endorsements that implement the
required coverage shall be filed and maintained with the City Clerk throughout the term of this
Agreement. The policy providing coverage shall be amended to provide that the insurance shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to City. The policy shall
also be amended to waive all rights of subrogation against the City, its elected or appointed
officials, employees, or agents for losses which arise from work performed by the named insured
for the City.
E. Liability Insurance. Contractor shall obtain and maintain in full force and effect
throughout the entire term of this Agreement a Broad Form Comprehensive General Liability
(occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00)
aggregate and FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and a Commercial
Auto Liability Insurance policy with a minimum limit of FIVE MILLION DOLLARS
($5,000,000.00). Said insurance shall protect Contractor and City from any claims for damages for
bodily injury, including accidental death, as well as from any claim for property damage which
may arise from operations performed pursuant to this Agreement. The following language is
required to be made a part of all of the insurance policies required by this SECTION:
1. "The City of Diamond Bar, its elected officials, its employees, agents,
volunteers and officers, are hereby added as additional insureds, to the extent of Contractor's
indemnification obligations as set forth herein, but excluding negligence or willful misconduct, as
respects liability arising out of activities performed by or on behalf of Contractor."
2. "This policy shall be considered primary insurance as respects any other
valid and collectible insurance the City of Diamond Bar may possess including any self-insured
retention the City of Diamond Bar may have, and any other insurance the City does possess shall be
considered excess insurance and shall not contribute with it. "
3. "This policy 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
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Diamond Bar 1n[r6—a
company. it
4. "Thirty (30) days' prior written notice by certified mail, return receipt
requested, shall be given to the City of Diamond Bar in the event of suspension, cancellation,
reduction in coverage or in limits or non -renewal of this policy for whatever reason. Such notice
shall be sent to the City Manager, City Attorney and City Clerk."
The insurance required by this Agreement shall be with insurers which are Best A+ rated,
and California -Admitted, or better. The City shall be included as an additional insured on each of
the policies and policy endorsements. The insurance required by this Agreement is in addition to,
and not in lieu or limitation of, the indemnification provisions in SECTIONS 17. A, 17. B and 17. C,
above. Contractor shall obtain the written consent of City's Risk Manager prior to changing
insurers providing insurance under this Agreement, which consent shall not be withheld
unreasonably.
F. Evidence of Laurance Coverage; Insurance Repository. Contemporaneously
with the execution of this Agreement, Contractor shall file copies of the policies or executed
endorsements evidencing the above -required insurance coverage with the City Clerk. In addition,
City shall have the right of inspection of all insurance policies required by this Agreement.
Contractor also agrees to establish an insurance policy repository and to maintain copies of
insurance policies required pursuant to this Agreement for one hundred years (100 years) after the
end of the term during which collection services are to be provided pursuant to this Agreement.
Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such
policies. This provision shall survive the expiration of the period during which collection services
are to be provided under this Agreement.
G. Self -Insurance. To the extent provided by law, all or any part of any required
insurance may be provided under a plan of self-insurance approved by the State of California.
H. Reduction of CERCI.A and Other Liability. City and Contractor agree to
meet annually in the fourth calendar quarter of each calendar year to discuss ways to reduce their
respective potential CERCLA and other liabilities to third parties.
SECTION 18. CASH AND PERFORMANCE BONDS.
A. Prior to the start of collection services under this Agreement, Contractor shall
deposit funds, on terms satisfactory to City, in an interest-bearing account at an institution
satisfactory to both City and Contractor, or provide a letter of credit, from an institution satisfactory
to City, at the option of Contractor, in the amount of ONE HUNDRED THOUSAND DOLLARS
($100,000.00). (The funds on deposit and the letter of credit are referred to collectively in this
Agreement as the "Cash Bond".) In addition to the Cash Bond, Contractor, at its option, shall
deposit either a letter of credit or a performance bond (collectively referred to as "Performance
Bond") in the amount of ONE HUNDRED AND FIFTY THOUSAND DOLLARS
($150,000.00), or in such lesser amount as the City's Risk Manager may determine to provide
adequate protection to the City. The Cash Bond (including any letter(s) of credit) and the
Performance Bond (including any letter of credit) (collectively referred to as "Bonds") shall be on
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Diamond Z)_ r w&,.td Watt blmagGm®� �u VICCS Dian Agreen, li
terms acceptable to the City Attorney. The Bonds shall serve as security for the faithful perfor-
mance by Contractor of all the provisions and obligations of this Agreement. All interest on a cash
deposit, if made, shall accrue to Contractor.
B. Upon Contractor's failure to pay the City an amount owing under this
Agreement, the Cash Bond may be assessed by the City, for purposes including, but not limited to:
1. Reimbursement of costs borne by the City to correct violations of the
Agreement not corrected by Contractor, ager City provides notice in accordance with SECTION
20. A.1.
2. To provide monetary remedies or to satisfy damages assessed against
Contractor due to a material breach of this Agreement; or
To satisfy an order of the referee.
C. Contractor shall deposit a sum of money or a replacement instrument sufficient to
restore the Cash Bond to the original amount within thirty (30) days after notice from the City that
any amount has been withdrawn from the Cash Bond. Contractor shall be relieved of the foregoing
requirement to replenish the Cash Bond during the pendency of an appeal from the City's decision
to draw on the Cash Bond. The amount of the Cash Bond shall be adjusted annually on the
anniversary of the execution of this Agreement. The annual adjustment shall be in the annual
percentage January -to -January change in the Consumer Price Index for all Urban Consumers
(National CPI -U).
D. In the event the City draws on the Cash Bond, all of City's costs of collection
and enforcement of the provisions relating to the Cash Bond called for by this SECTION, including
reasonable attorneys' fees and costs, shall be paid by Contractor.
E. Any decision or order of City under this SECTION 18 may be appealed by
Contractor through the dispute resolution procedures provided by SECTION 20 and 21 of this
Agreement.
SECTION 19. EMERGENCY SERVICE.
A. Should Contractor for any reason whatsoever, except the occurrence or existence
of any of the events or conditions set forth in SECTION 25. A, "Force Majeure," below, refuse or
be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the
Solid Waste which it is obligated under this Agreement to collect, and as a result, Solid Waste
should accumulate in City to such an extent, in such a manner, or for such a time that the City
Manager in the reasonable exercise of the City Manager' s discretion, should find that such
accumulation endangers or menaces the public health, safety or welfare, then City shall have the
right to contract with another solid waste enterprise to collect and transport any or all Solid Waste
which Contractor is obligated to collect and transport pursuant to this Agreement. City shall
provide twenty-four (24) hours prior written notice to Contractor during the period of such
emergency, before contracting with another solid waste enterprise to collect and transport any or all
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Diamond Aar i..#.g..r..a w.—
Solid Waste which Contractor would otherwise collect and transport pursuant to this Agreement,
for the duration of period during which Contractor is unable to provide such services. In such
event Contractor shall identify sources from which such substitute solid waste services are
immediately available, and shall reimburse City for all of its expenses for such substitute services
during period in which Contractor is unable to provide collection and transportation services
required by this Agreement.
B. Contractor will assist City in the event of major disaster, such as an earthquake,
storm, tidal wave (tsunami) riot or civil disturbance, by providing collection vehicles and drivers
normally assigned to the City, at the rates provided in EXH[ BIT "A'.
C. Contractor shall furnish to the City at no additional charge emergency containers
so as to store materials and supplies to be used in the event of an emergency. Said containers shall
be placed at all public schools and at City Hall or other City Facilities identified by the City
Manager.
SECTION 20. ADMAN STRATIVE REMEDIES; TERNMATION.
A. Notice; Response; Resolution; Appeal.
1. Notice of Deficiencies: R=xm. If City's Integrated Environmental
Services Coordinator, or the Coordinator's designee (collectively, the "Coordinator") determines
that Contractor's performance pursuant to this Agreement may not be in conformity with the
provisions of this Agreement, the California Integrated Waste Management Act (including, but not
limited to, requirements for diversion, source reduction and recycling as to the waste stream subject
to this Agreement) or any other applicable federal, state or local law or regulation, including but
not limited to, the laws governing transfer, storage or disposal of solid and Hazardous Waste, the
Coordinator may advise Contractor in writing of such suspected deficiencies, specifying the
deficiency in reasonable detail. The Coordinator, in any written Notification of Deficiencies, shall
set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate
correction and response within a shorter period of time, Contractor shall respond to the written
Notification of Deficiencies within thirty (30) days from the receipt by Contractor of such written
notice. Contractor may request additional time to correct deficiencies. City shall approve
reasonable requests for additional time.
2. Review by Coordinator;NoticA=d-
a.
of Au_peal.
a. The Coordinator shall review any written response from
Contractor and decide the matter. If the Coordinator' s decision is adverse to Contractor, the
Coordinator may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke
any other remedy in accordance with this Agreement and, in the event the Coordinator determines
that there has been a material breach and that termination is the appropriate remedy, terminate the
Agreement. The Coordinator shall promptly inform Contractor, of the Coordinator' s decision. In
the event the decision is adverse to Contractor, the Coordinator shall inform Contractor, in
writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the
Agreement or other laws for the Coordinator' s decision and any remedial action taken or ordered.
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Diamond Har Integrated Waste Management Servim Draft Agreement
An adverse decision by the Coordinator shall be final and binding on Contractor unless Contractor
files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney)
within 30 days of receipt of the notification of the adverse decision by the Coordinator.
b. In any "Notice of Appeal" Contractor shall state its factual
contentions and include any relevant affidavits, documents, photographs and videotapes which
Contractor may choose to submit. In addition, Contractor shall include all of its legal contentions,
citing provisions of the Agreement or other laws to support its contentions.
Review by M m=; AM?W-
a. Within thirty (30) days of receipt by the City Clerk of a Notice of
Appeal, the City Manager shall decide the matter. N the City Manager' s decision is adverse to
Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Cash
Bond or invoke any other remedy in accordance with this Agreement and, in the event the City
Manager determines that there has been a material breach and that termination is the appropriate
remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may
refer the matter to the City Council for proceedings in accordance with SECTION 20.B and 20.C,
below, or refer the matter directly to a referee for proceedings in accordance with SECTION 21,
below. The City Manager shall promptly inform Contractor of the City Manager' s decision. In
the event the City Manager' s decision is adverse to Contractor, the City Manages' shall inform
Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in
provisions of the Agreement or other laws for the City Manager's decision and any remedial action
taken or ordered.
b. An adverse decision by the City Manager shall be final and
conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk
(and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days
of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall
state the factual basis and all legal contentions and shall include all relevant evidence, including
affidavits, documents, photographs and videotapes, which Contractor may choose to submit.
R City Council Hearing. If a matter is referred by the City Manager to the City
Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor,
the City Council will set the matter for an administrative hearing and act on the matter, or refer the
matter to a referee as provided in SECTION 21, below. N the City Council elects to hear the
matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place
of the administrative hearing. At the hearing, the City Council shall consider the administrative
record, consisting of the following:
1. A Staff Report by the City Manager, summarizing the proceedings to
date and outlining the City Council's options.
2. The Coordinator' s written Notification of Deficiencies;
3. Contractor's response to the Notification of Deficiencies;
4. The Coordinator' s written notification to Contractor of adverse decision;
5. Contractor's Notice of Appeal
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V-4 Har Integrated Wane Management Swim Draft Agreement
6. The City Manager' s written notification to Contractor of adverse
decision; and
7. The Notice of Appeal to the City Council.
No new legal issues may be raised, or new evidence submitted by Contractor or City at this or at
any further point in the proceedings, absent a showing of good cause. Contractor's representatives
and other interested persons shall have a reasonable opportunity to be heard.
C. City Council Determination. Based on the administrative record, the Council
shall determine by resolution whether the decision or order of the City Manager should be upheld.
A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If,
based upon the administrative record, the City Council determines that the performance of
Contractor is in breach of any term of this Agreement or any provision of any applicable federal,
state or local statute or regulation, the City Council, in the exercise of its discretion, may order
Contractor to take remedial actions to cure the breach or impose any other remedy in accordance
with this Agreement. The City Council may not terminate the Agreement unless it determines that
Contractor is in material breach of a material term of this Agreement or any material provision of
any applicable federal, state or local statute or regulation. Contractor's performance under the
Agreement is not excused during the period of time prior to a final determination as to whether or
not Contractor performance is in material breach of this Agreement, or the time set by City for
Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision
or order of the City Council shall be final and conclusive unless Contractor files a "Notice of
Appeal to Referee" with the City Clerk (and serves copies, by mail, on the City Manager and the
City Attorney) within 10 business days of receipt of the decision or order of the City Council.
With the exception of draws on the Cash Bond, the execution of City's remedies shall be stayed
until Contractor has exhausted its appeals under SECTIONS 20 and 21 of this Agreement.
D. Notice of Appeal to Referee. Except as otherwise provided in this Agreement,
Contractor may appeal any decision, order or action by the City Council or City Manager under
this SECTION 20, as provided in SECTION 21, below, by filing a Notice of Appeal to Referee
with the City Clerk within ten (10) business days of receipt of the decision by the City Manager or
City Council and following the procedures set forth in SECTION 21, below. A decision of the
City Manager to refer a matter to the City Council or, in the alternative, directly to a referee may
not be appealed.
E. Reservation of Rights by City. City further reserves the right to terminate this
Agreement in the event of any material breach of this Agreement, including, but not limited to any
of the following:
1. If Contractor practices, or attempts to practice, any fraud or deceit upon
the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotia-
tions which preceded the execution of this Agreement;
2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or
upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding,
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Diamond Bar Integrated wade bf....ee..m.,. sem..,... u.n ..CV_
3. If Contractor fails to provide or maintain in full force, effect and
amount, the workers compensation, liability and indemnification coverage, Cash and Performance
Bonds as required by this Agreement;
4. If Contractor violates any orders or rulings of any regulatory body
having jurisdiction over Contractor relative to this Agreement, in any material manner, provided
that Contractor may contest any such orders or rulings by appropriate proceedings conducted in
good faith, in which case no breach of this Agreement shall be deemed to have occurred until a
final decision adverse to Contractor is entered;
5. If Contractor ceases to provide collection service as required under this
Agreement over a substantial portion of the area of the City of Diamond Bar for a period of two (2)
calendar days or more, for any reason within the control of Contractor;
6. If Contractor fails to make any payments required under this Agreement
or refuses to provide City with required information, reports or test results as to a material matter in
a timely manner as provided in this Agreement;
7. Any other act or omission by Contractor which materially violates the
terms, conditions or requirements of this Agreement and which is not corrected or remedied within
the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably cor-
rect or remedy the breach within the time set forth in such notice, if Contractor should fail to
commence to correct or remedy such alleged deficiencies within the time set forth in such notice
and diligently effect such correction or remedy thereafter.
F. Cumulative Rights, City's rights of termination are in addition to any other
rights of City upon a failure of Contractor to perform its obligations under this Agreement.
SECTION 21. REFERRAL TO REFEREE; HEARING PROCEDURES.
Either party to this Agreement at any time after exhaustion of administrative remedies, if
applicable, and following the appeal procedure set forth in SECTION 20, if applicable, may refer a
disputed matter for resolution under this SECTION 21 in the following manner.
A. Applicability. If either the City Manager or the City Council refers a matter to a
referee, or Contractor appeals or refers a matter to a referee, the provisions of this SECTION shall
apply in order to obtain prompt and expeditious resolution of any and all disputes arising out of this
Agreement.
B. Reference of Dispute. Any dispute seeldng damages and any dispute seeking
equitable relief, such as but not limited to specific enforcement of any provision hereof, shall be
heard and determined by a referee pursuant to California Code of Civil Procedure §§ 638-645.1.
The venue of any proceeding hereunder shall be in Los Angeles County, California.
1. Procedure for Appointment. The party seeking to resolve the dispute
shall file in court and serve on the other party a complaint describing the matters in dispute.
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Diamond R.r i��grvd Wu� M--a��ma sa riom Drag Acrm.....a
Service of the complaint shall be as prescribed by law. Within not more than fifteen (15) business
days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation
Service ("JAMS") of Los Angeles County to nominate a minimum of five prospective referees. If
the parties are unable to agree on a referee from the JAMS panel within ten (10) business days after
written request to do so by either party, then the parties, starting with Contractor, shall alternate in
striking one prospective referee at a time until only one referee remains.
2. Fac Parte-communications Prohibited. Neither party may communicate
separately with the referee after the referee has been selected. All subsequent communications
between a party and a referee shall be simultaneously delivered to the other party. This provision
shall not apply to communications made to schedule a hearing or request a continuance.
3. Coote. The parties shall diligently cooperate with one another and
the referee and shall perform such acts as may be necessary to obtain a prompt and expeditious
resolution of the dispute. If either party refuses to diligently cooperate, and the other party, after
first giving notice of its intent to rely on the provisions of this SECTION 21, incurs additional
expenses or attorneys' fees solely as a result of such failure to diligently cooperate, or incurs
expenses or attorneys fees and costs as a result of the other party's violation of Code of Civil
Procedure section 128.5, the referee may award such additional expenses and attorneys' fees to the
party giving such notice, even if such party is not the prevailing party in the dispute.
4. Di M. The referee shall set a discovery schedule and shall schedule
the matter for hearing within 60 days of filing, unless City and Contractor agree otherwise, or
unless the referee shall determine otherwise. Any party to the hearing may issue a request to
compel reasonable document production from the other party. Disputes concerning the scope of
document production and enforcement of document requests shall be subject to agreement by the
parties, or if agreement is not reached within twenty (20) days of a document request, then by
disposition by order of the referee. Any document request shall be subject to the proprietary rights
and rights of privilege of the parties, and the referee shall adopt procedures to protect such rights.
Except as may be agreed by the parties, or ordered by the referee, no other form of discovery shall
be available to the parties.
5. Standards for Decision. The provisions of California Code of Civil
Procedure, sections 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a
referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil
Procedure, sections 644 and 645, the parties agree that the referee shall decide issues of fact and
law submitted by the parties for decision in the same manner as required for a trial by court as set
forth in California Code of Civil Procedure, sections 63 1. 8 and 632, and California Rules of Court,
Rule 232. The referee shall try and decide the dispute according to all of the substantive and
procedural law of the state of California, unless the parties stipulate to the contrary.
6. Evidence and Findings. The referee shall consider the administrative
record, including the Notice of Deficiencies, Contractor's response to the Notice of Deficiencies,
the decision of the Coordinator, the Notice of Appeal, the decision of the City Manager, the Notice
Of Appeal to the City Council, and the decision of the City Council, in addition to other relevant
evidence. Before issuing findings, the Referee shall submit a proposed ruling, setting forth
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Diamond Bar Integrated waste 7..Ln_t s...,:..-- n.
proposed findings of fact and conclusions of law, to counsel for the Parties, for comment. When
the referee has decided the dispute, the referee shall also cause the preparation of a judgment based
on said decision.
7. Remedial Authority. A referee to whom a matter is referred shall have
the authority to (i) order either party to undertake remedial action to cure the breach and to prevent
occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty consistent
with the terms of this Agreement or (iii) find there has been no breach.
8. Stay Pending Enta of Final Judgment. Except as provided in SECTION
20.0 with respect to draws on a Cash Bond, until final judgment is entered from the referee
proceeding under the foregoing provisions and the time for appeal or other post judgment petition
has expired, the imposition or enforcement of any penalties or sanctions provided in this Agreement
and related to the subject matter of the hearing shall be stayed. The referee may modify or cancel
any proposed penalties or sanctions upon a finding that the party subject thereto acted with
substantial justification, or if the interests of justice so require.
9. Allocation of Refere s Costs. The referee' s costs for the proceeding
shall be apportioned by the referee. The costs of the proceeding shall be borne equally by the
parties to the dispute initially, but the prevailing party in such proceeding shall be entitled to
recover reasonable costs of the referee as apportioned by the referee. If either party refuses to pay
its share of the costs of the proceeding, at the time(s) required, the other party may do so, in which
event that party will be entitled to recover (or offset) the amount advanced, with interest at the
maximum rate permitted by law, even if that party is not the prevailing party. The referee shall
include such costs in the judgment or award.
C. Decision. The decision of the referee may be excepted to in accordance with
Code of Civil Procedure § 645.
D. Exclusive Remedies. The dispute resolution provisions of SECTIONS 20 and
21 of this Agreement are intended to be the exclusive remedies of the City and Contractor, except
as otherwise expressly provided in this Agreement.
SECTION 22. CITY' S ADDITIONAL REMEDIES.
In addition to the remedies set forth above, City shall have the following rights;
A. The right to contract with others to perform the services otherwise to be
performed by Contractor; and
B. The right to obtain damages and/or injunctive relief. Both parties recognize and
agree that in the event of a breach under the terms of this Agreement by Contractor, City may
suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce
the provisions of this Agreement and to enjoin the breach thereof.
SECTION 23. TRANSFER OF RIGHTS; CITY CONSENT; FEES.
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Diamond Bar Integrated W tc Macag—nt aervtces Draft Agreancnt
A. The rights granted by this Agreement shall not be transferred, sold,
hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges
herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall
title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in
any Person, either by act of Contractor or by operation of law, without the prior written consent of
the City expressed by resolution. Any attempt to do any of the foregoing with respect to any of the
rights herein without the consent of City shall be void. For purposes of this Agreement, any
dissolution, merger, consolidation, change in control or other reorganization of Contractor shall be
deemed an assignment of this Agreement. For purposes of this SECTION, a change of corporate
name shall not be deemed to be a transfer of rights.
B. The City shall not unreasonably withhold its consent to a transfer of the rights
granted by this Agreement. The City may impose reasonable conditions of approval on a transfer.
The applicant for the transfer shall demonstrate to the City's satisfaction that it has the operational
and financial ability to carry out the obligations of the Agreement.
C. Any application for a transfer of rights shall be made in a manner prescribed by
the City's Coordinator. The application shall include a Transfer Application Fee in an amount to
be set by City, by Resolution of the Council. The Transfer Application Fee is intended to offset the
City's anticipated costs of all reasonable and customary direct and indirect administrative expenses
including consultants and attorneys, necessary to analyze the application. Contractor shall reimburse
the City for all reasonable consultants', attorneys' and staff costs directly related to the City' s
consideration of the application for transfer not offset by the Transfer Application Fee, whether or
not the City approves the application for transfer of rights. City's request for reimbursement under
this SECTION shall be supported with evidence of theex
within thirty � Pante or cost incurred. Contractor shall
reimburse City rty (30) days of receipt of City s request for reimbursement.
SECTION 24. USE OF PROGRAM NAME,
The program name "Diamond Bar Recycles" refers to all Integrated Solid Waste
Management Services available to service recipients of the City of Diamond Bar. Contractor may
use "Diamond Bar Recycles" to help people identify with the civic pride and environmental good of
responsibly managing solid waste. Contractor's use of the program name does not relieve
Contractor of its obligations under this Agreement, nor is it to be construed as constituting an
arrangement by the City for the disposal of solid waste, nor to create an agency relationship.
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Diamond Har lntc TAW Waot' 2.Lo..s- OaaMON Draft Agraerncut
SECTION 25. GENERAL PROVLSIONS.
A. Force Majeure. Contractor shall not be in default under this Agreement in the
event that the collection, transportqfion and/or disposal ser
vices of Contractor are temporarily
interrupted for any of the following reasons: riots; war or national emergency declared by the Presi-
dent or Congress and affecting the City of Diamond Bar,• sabotage;
explosion; natural disasters such as fl civil disturbance; insurrection;
other labor di floods, landslides and fires; strikes, lockouts and
�, or other catastrophic events which are beyond the reasonable control of
Contractor. Other catastroPhic events" does not include the financial inability of Contractor to
Perform or failure of Contractor to obtain any necessary permits or licenses from other
governmental agencies or the right to use the facilities of any public entity where such failure
occurs where Contractor has failed to exercise reasonable diligence. In the event a labor
disturbance interrupts collection and transportation of Residential Solid Waste, and/or disposal of
Residential Solid Waste by Contractor as required under this Agreement, City may elect to
exercise its rights under SECTION 22 of this Agreement.
R Computer Hardware and Software. Contractor will be required to obtain all
nom' computer some' hardware, supplies, Personnel and training at Contractor's expense to
comply with the City's reporting requirements'Contractor will incur all costs of moving comput-
ers, including phone lines in the event they need to relocate Contractor will maintain a
computerized data base, accessible to City via modem, which shall include the following informa-
tion when entered into Contractor's computer system:
1. Records of daily collection figures - tonnage disposed of, by disposal site
2. Service ConpWnt Log
The computer system will have the capacity to maintain an account history of at least eighteen
months. Any older account infatuation will be maintained on disk
Bernoulli cartridge for the full term of the contract and es, tape, tip drive, or a
agreement. City will have access to these records during Pod of thereafter to be identified in draft
ng egular business hours.
C. Independent Status. Contractor is an independent entity and not an officer,
agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its
officers, tents, employees, Contractors and sub -Contractors, if any. Nothingin this
shall be construed as creatinga P J Agreement
partnership or joint venture between City and Contractor, nor an
arrangement for the disposal of hazardous substances.Neither. Contractor nor its officers,
employees, agents or sub -Contractors shall obtain any rights to retirement or other benefits which
accrue to City employees.
D. Pavement Damage. Normal wear and tear on City streets resulting from general
vehicular traffic excepted, Contractor shall be responsible for damage to City's driving surfaces,
whether or not paved, resulting from the operation of Contractor's vehicles providing Solid Waste
collection services within the City. Contractor understands that the exercise of this Agreement may
involve operation of its collection vehicles over private roads and streets. Disputes between
Contractor and its service recipients as to damage to private pavement are civil matters and
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Diamond Bar Integrated Waste Management Services Draft Agreement
complaints of damage will be referred to Contractor as a matter within its sole responsibility and as
a matter within the scope of SECTION 17. A., above.
E. Property Damage. Any physical damage caused by the negligent or willful acts
or omissions of employees of Contractor to public or private property shall be repaired or replacer
by Contractor at Contractor's sole expense. Except as provided in SECTIONS 17 and 25.D,
above, this Agreement does not purport to affect, in any way, Contractor's civil liability to any
third parties.
F. Law to Govern; Venue. The law of the State of California shall govern this
Agreement without regard to any otherwise governing principles of conflicts of laws. In the event
of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los
Angeles. In the event of litigation in a U. S. District Court exclusive venue shall lie in the Central
District of California.
G. Gratuities. Contractor shall not, nor shall it permit any officer, agent or em-
ployee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the
collection of Solid Waste required to be collected under this Agreement.
H. AB 939 Amendments. This Agreement is part of City's efforts to comply with
the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from
time to time may be amended and as implemented by the regulations of the California Integrated
Waste Management Board ("Regulations"), as they from time to time may be amended, and the
City's Source Reduction and Recycling Element, as it may be amended from time to time. In the
event that AB 939 or other state or federal laws or regulations enacted or amended after this Agre-
ement has been executed prevent, preclude, or eliminate the need for compliance with one or more
provisions of this Agreement, or significantly increase Contractor's costs, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such state or federal
laws or regulations. In the case of an amendment to the laws which has the effect of eliminating
the need for a service provided for in this Agreement and City informs Contractor that City desires
to discontinue the service, City and Contract shall negotiate a reduction in rates. In the case of an
amendment to the laws which increases the cost of Contractor's service, Contractor may seek a rate
increase to offset the costs directly attributable to the amended or newly enacted provision of law or
regulations.
L Amendments. All amendments to this Agreement shall be in writing, duly
executed by the parties. Purported oral amendments shall be void and of no force or effect.
J. Notices. All notices required or permitted to be given under this Agreement
shall be in writing and shall be personally delivered or sent by telecopier or United States certified
mail, postage prepaid, return receipt requested, addressed as follows:
To City: City Manager
City of Diamond Bar
21660 Copley Drive, STE 100
Diamond Bar, California 91765
—29— Data of Printing: January 25, 2000
o._...e-a — z.. ---,-a — —•germs sorvtcea Drift .avr—
Telecopier Number 909.861.3117
Copy to: Deputy Director of Public Works
City of Diamond Bar
21660 Copley Drive, STE 190
Diamond Bar, California 91765
Telecopier Number 909.861.3117
And to: Michael Jenkins, City Attorney
City of Diamond Bar
20660 Copley Drive, STE 190
Diamond Bar, California 91765
Telecopier Number 909.861.3117
To: Contractor
Copy to:
Telephone Number @@-
Telecopier Number @@
or to such other address as either party may from time to time designate by notice to the other given
in accordance with this SECTION. Notice shall be deemed effective on the date personally served
or sent by teecopier or, if mailed, three (3) business days from the date such notice is deposited in
the United States mail.
K Savings Clause and Entirety. If any non -material provision of this Agreement
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such provision shall not affect the validity and enforceability of any of the remaining provisions of
this Agreement.
L. Joint Drafting. This Agreement was drafted jointly by the parties to this
Agreement.
-30- Date of Printing: January 26, 2000
Diamond Bar Integrated Waste Management Services Draft Agreement
WITNESS the execution of this Agreement on the day and year written above.
ATTEST:
Lynda Burgess, City Clerk
APPROVED AS TO FORM:
Michael Jenkins, City Attorney
CITY OF DIAMOND BAR
L-13
Deborah H. O'Connor, Mayor
Contractor
L-3
_31 - Date of Printing: January 26, 2000
[»among XW .Oona VYWC Urart Agreement
STATE OF
)ss
COUNTY OF )
J� 1:3
On before me, , personally appeared
personally known to me or proved to be the
person who executed the within instrument entitled AGREEMENT BETWEEN THE CITY OF
DIAMOND BAR AND Contractor FOR INTEGRATED WASTE MANAGE ENT SERVICES,
on behalf of Contractor, a corporation, and acknowledged to me that such execu-
tion was pursuant to its bylaws or resolution of its board of directors.
DATE:
CORPORATE SEAL
Date of Printing! January 25, 2000
Diamond Bar Solid Waste Draft Agreement
EXMIT "All
RATES
A -j Date of Printing: January 25, 2000
Diamond Bar Solid WWW Vralt Agreement
E,)(MIT Tit
IWLEMENTATION SCHEDULE
Activity Date
Deliver evidence of insurance to City Clerk [§ 17.D] Upon Execution of Agreement
Submit compaction vehicle noise level testing certificate Within 30 days of request by
[§ 7] City
Deliver announcements to service recipients Prior to start of Collection
Begin City-wide collection of Solid Waste [§ 3.A] 0 Quarter, 2000
Begin Bulky Goods pickup program [§ 6.H] a Quarter, 2000
Submit Monthly and Quarterly Reports 15 days after end of Month or
[§ 16.F] Quarter, beginning September
15, 2000
Begin Holiday Tree Collection program [§ 6.F]
Annually on first collection
day after December 25th
City, Contractor meet to consider ways to reduce CERCLA,
Annually, during 0 Quarter
other liability [§ 17.F]
Submit Annual Report to City [§ 16. A]
Annually by April 15th,
starting 2001
Contractor Submits Rate Adjustment Statement [§ 13.B]
Annually by February 1,
starting 2002
City responds to Rate Adjustment Statement [§ 13.B]
Annually by February 28,
starting 2002
Rate Adjustment takes effect [§ 13.B]
Annually on July 1, starting
2002
Contractor to respond to "Notice of Deficiencies" [§ 15. B] Within 30 days of receipt,
unless otherwise specified
�� Date of Printing: January 26, 2000
Diamond Bar Solid Waste Draft Aar -
Manager's or Coordinator's decisions become final [§ 20.D] 30 days after receipt by
Contractor, if no appeal filed
City Manager decides appeal, or refers it to City Council or Within 30 working days of
referee [§ 20.A] receipt of Notice of Appeal
City provides Notice of City Council Hearing [§ 20.B] At least 14 days in advance
B-2 Date of Printing: January 26, 2000
EXHIBIT *qC#t
HAZARDOUS SUBSTANCES INDEMNIFICATION
Contractor agrees to indemnify, defend (with counsel selected by Contractor), protect and
hold harmless City from and against all claims, actual damages, natural resources damages,
injuries, costs, response, remediation and removal costs, losses, liabilities, causes of action,
interest, and expenses (including but not limited to reasonable attorney's and expert' s fees) of any
kind whatsoever paid, incurred, suffered or incurred by or against City resulting from any repair,
cleanup, removal action or response action undertaken pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U. S.C. Section 9601 et seq.
(hereinafter "CERCLA"), the California Health and Safety Code (hereinafter "H&S Code") or
other similar federal, state or local law or regulation, with respect to Solid Waste collected,
transported and disposed of by Contractor. The foregoing indemnity is intended to operate as an
agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the H & S Code to
defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, the
H & S Code or other similar federal, state or local law or regulation.
Notwithstanding any provision herein to the contrary, the foregoing indemnity is expressly
conditioned upon the implementation by City of a program for minimization and proper recycling,
treatment and disposal of Hazardous Waste generated or accumulated by Single -Family and Multi -
Family Residences in compliance with §§ 41500 and 41802(bx2) of the Public Resources Code.
The City's implementation of a program for minimization and proper recycling, treatment and
disposal of Hazardous Waste generated or accumulated by Single -Family and Multi -Family
Residences shall be presumed to be in compliance with §§ 41500 and 41802(bx2) of the Public
Resources Code unless Contractor or an agency with jurisdiction has notified City that its program
is not in compliance, and a final determination has been made that the City's program is not in
compliance with §§ 41500 and 41802(bx2) of the Public Resources Code.
The following terms used above shall have the indicated meanings:
"Hazardous Waste" means any waste materials or mixture of wastes defined as "hazardous
substances", "hazardous waste" or "designated waste" pursuant to the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S. C. Section 9601 et seq.,
the California Health and Safety Code, the California Water Code, the California Integrated
Waste Management Act, or other similar federal, state or local law or regulation. 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.
C-1 Date of Printing: January 25, 2000
CITY COUNCIL REPORT
AGENDA NO. 9.1
MEETING DATE: February 1, 2000
TO: Honorable Mayor and Members of the City Council
FROM: Robert S. Huff, Council Member
SUBJECT: Formation of a Community Coordinating Council
ISSUE STATEMENT:
Our differences can divide us as a community, or they can strengthen us as a community.
Recognizing the impressive diversity of Diamond Bar residents, it is important that a process
be created that facilitates representation and assures responsiveness, for all community
members. A process should be considered that is inclusive and fosters communication
among individuals, groups and organizations. To this end, a Community Coordinating
Council is proposed.
PROPOSAL:
Community Coordinating Council
Purpose: The Community Coordinating Council's purpose is to foster
unity through better understanding of, participation with,
and communication between the various schools, sports,
religious, ethnic, and non-profit organizations or affiliations
in Diamond Bar.
Council Representation: The Mayor and a Council Member. Mayor functions as
Chair.
Community Membership: Open to all. Particularly organized groups with one person
designated to represent the group for at least a year.
Invitation and phone calls to all known organizations to
participate. Additional outreach through cable, City
newsletter, website, and other media.
Meeting Frequency: Quarterly meetings.
Membership Requirement: Commitment to one-year attendance (4 meetings) and
regular dissemination of news to others in their group.
COORDINATING COUNCIL
FEBRUARY 1, 2000
PAGE TWO
City Responsibility: Staff to facilitate the information collection and
dissemination. City news disseminated to this membership
as developed. Publish a master calendar of events on a
City website, perhaps a different site hot -linked to our
current site, as envisioned for City -on -Line, with a chat and
community comment feature.
DISCUSSION:
Currently, City news is published in various media. It is not known whether the information is
reaching the community to any significant extent. The proposed Coordinating Council
assembles key people already plugged into various groups, who can deliver information to
their groups, furthering the effectiveness of communications. In addition, the members can
help the City understand their unique needs, get their messages and events publicized for
the enjoyment and benefit of the rest of the community. A community calendar compiled
from the various events articulated through the Coordinating Council would be published on
our web page. The City's web page could provide links to websites these organizations may
have, in addition to perhaps providing City web page space for these entities to help them
reach and communicate with their membership.
RECOMMENDATION:
It is recommended that the City Council form a Community Coordinating Council, as
proposed hereinabove.
PREPARED BY:
Robert S. Huff, Council Member
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER
RE: COMPLETE COUNT 2000
DATE: FEBRUARY 1, 2000
RECOMMENDATION:
It is recommended that the City Council approve the following resolution:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
RECOGNIZING THE IMPORTANCE OF THE DECENNIAL CENSUS IN THE
YEAR 2000 AND FORMING A COMPLETE COUNT COMMITTEE TO SUPPORT
AND ENCOURAGE PARTICIPATION".
DISCUSSION:
The Decennial Census will be taken in the year 2000. It is important that as complete a
count of people living in the United States, generally, and the City of Diamond Bar,
particularly, be accomplished. To this end, the City is establishing a Complete Count
Committee to support, encourage and facilitate complete participation of Diamond Bar
residents in the Census.
The City has, and will continue to market, inform and educate the community through the
use of several media: City web -site; community bulletin boards; print advertisement;
CATV advertisement; a -news; press releases; news stories (Mayor's Corner, etc); public
meetings (e.g., Town Hall). The Complete Count Committee will provide for the
coordinating of numerous community groups and organizations in efforts to encourage
people living in Diamond Bar to participate in Census 2000.
The City intends to take the steps necessary to make itself eligible for available Los
Angeles County funds to help underwrite the costs related to encourage participation in
Census 2000. The City will also be applying for Federal funds to assist in covering the
costs of the Complete Count Committee's activities.
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR RECOGNIZING THE IMPORTANCE
OF THE DECENNIAL CENSUS IN THE YEAR 2000
AND FORDING A COMPLETE COUNT COMMITTEE
TO SUPPORT AND ENCOURAGE PARTICIPATION
WHEREAS, the next Decennial Census will be taken in the year 2000, and
political representation to the United States House of Representatives, state legislatures
and local governments is determined by the Decennial Census, and the City of Diamond
Bar recognizes the equal importance of each resident in the 2000 Census count; and,
WHEREAS, the City of Diamond Bar has agreed to be one of 39,000 government
entities in partnership with the U.S. Bureau of the Census; and,
WHEREAS, the City of Diamond Bar understands that its primary role in this
partnership is to formulate a COMPLETE COUNT COMMITTEE; and,
WHEREAS, the role of the Complete Count Committee is to bridge all gaps
between the community and the Census Bureau on geographic matters, outreach
activities, and information centers; and,
WHEREAS, the role of the Complete Count Committee is to create census
awareness programs for pre -kindergarten to college age students, coalesce with
educational institutions, distribute Census Bureau Education Programs; and to encourage
parents and college students to apply for Census jobs; and,
WHEREAS, the role of the Complete Count Committee is to utilize all media
(print and electronic) to inform, motivate, and educate the city's residents in the necessity
and importance of their rapid response and 100 percent participation in Census 2000; and,
WHEREAS, the role of the Complete Count Committee is to form a cross
denominational coalition for the dissemination of Census information, inclusion of
special announcements in church bulletins and sermons, hosting of Census awareness
activities, and circulation of Census job opening bulletins; and,
WHEREAS, the role of the Complete Count Committee is to make the
community aware of the many ways Census data is used to obtain funding for essential
services and programs; and,
WHEREAS, the role of the Complete Count Committee is to encourage all area
businesses to advertise the Census message in sales advertisements, promotional
materials and displays, and to sponsor Census 2000 community awareness activities; and,
WHEREAS, the role of the Complete Count Committee is to receive and
disseminate to all segments of the community information regarding the availability of
Census jobs in the local area; and,
WHEREAS, the role of the Complete Count Committee is to assist in the location
of shelters, soup kitchens, on -sheltered outdoor locations, group quarters, and other non -
conventional housing facilities.
THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
resolves its full support of and encourages participation in Census 2000; and hereby
establishes a COMPLETE COUNT COMMITTEE.
PASSED, APPROVED AND ADOPTED THIS day of
2000.
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
2000, by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar
I - -
DIAMOND BAR REDEVELOPMENT AGENCY
INTEROFFICE MEMORANDUM
TO: Chairman Ruff and Board of Directors
FROM: Linda G. Magnuson, Finance Director �K
SUBJECT: Voucher Register, February 1, 2000
DATE: January 26, 2000
Attached is the Voucher Register dated February 1, 2000 for the Diamond Bar
Redevelopment Agency. The checks will be produced after any recommendations and
the final approval is received.
Please review and sign the attached
DIAMOND BAR REDEVELOPMENT AGENCY
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated February 01, 2000 have been
reviewed, approved, and recommended For payment. Payments are
hereby allowed from the following funds in these amounts
FUND DESCRIPTION PREPAID VOUCHERS TOTAL
610 REDEVELOpMENT AGENCY FUND .00 2,237.58 2,237.58
`
REPORT FOR ALL FUNCS
APPROVED BY:
Finance Dir�ctor
Executive Direct
Robert S. Huff
Chairmai-,
Wan Chang
Vice Chairman
2,237.58 2,2_D7.58
F ' I 7 n% m»RS .m
r T0Iw 0-J. 5 %2 .9
2»:2�:Kc222S« «22
RbN 95: 01/2261`2000 2::@
' $ 2 J9
PAGE:!
2E THP 0.211/2 'y
PREPAID
r 2«2 -RS -mgr 2-«S
m #
lw2R ; I9I&
a0z DATE IDE::
m?pe,WATMN& D»
612110-44,-
»2
!3 F2EaebcyEl
3.M
107110-44020-
950
1 PEF.'LlOPMENT
a.a
TOIL m9GI
.
250_' . D:
64.48
7 7E R
q.4
+� � F� � 9mPlm
•
C IDT' v
5"
ICR REwl9
.S
7 ' . »5
QI2.0
3' PAR
2,!3.50
S�:»IG92JSy&� 5
dge« y-
! 2531 R 643- I- � M
w.w
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.3
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29: wE SE
4D.2
F ' I 7 n% m»RS .m
r T0Iw 0-J. 5 %2 .9
DIAMOND BAR REDEVELOPMENT AGENCY
�r�`�,_• a
RUN DATE: 01/3112000 14:51:00
VOUCHER REGISTER
PAGE: 1
DUE THRU: 02/01/2000
PREPAID
FUND/5ECT-ACCT-PROJECT-ACCT
PO
INVOICE DESCRIPTION
AMOUNT DATE
CHECK
RICHARDS, WATSON h GERM
6107110-44020--
9008
105235 PROF SVCS-REDEVELOPMENT
35.00
6107110-44020--
9008
105234 PROF SVCS - REDEVELOPMENT
29.48
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
64.48
TOTAL DUE VENDOR
64.48
ROSENOW SPEVACEK GROUP INC
6107110-44000--
9509
8607 CONSLTNT SVCS-RDA
2,132.50
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,132.50
TOTAL DUE VENDOR
2,132.50
STRADLING YOCCA CARLSON & RAUTH
6107110-44020--
160718-0001SVCS-REDEVELOPMENT
40.60
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
40.60
TOTAL DUE VENDOR
40.60
REPORT TOTAL PREPAIDS
.00
REPORT TOTAL VOUCHERS
2,237.58
REPORT TOTAL
2,237.58
DIAMOND BAR REDEVELOPMENT AGENCY
AGENDA REPORT
AGENDA N0.12'Sa' 3, Z
TO: Terrence L. Belanger, Executive Director
MEETING DATE: February 01, 2000 REPORT DATE: January 26, 2000
FROM: Linda G. Magnuson, Finance Director ly�
TITLE:
Treasurer's Report — December 31, 1999
SUMMARY:
Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the
month of December 1999.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
_ Resolution(s) — Bid Specification (on file in City
Clerk's office)
Ordinance(s) _ Other:
Agreement(s)
SUBMITTAL CHECKLIST:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes
_ No
by the City Attorney?
2.
Does the report require a majority vote?
_Yes
_ No
3.
Has environmental impact been assessed? N/A
_ Yes
_ No
4.
Has the report been reviewed by a Commission? N/A
_ Yes
_ No
Which Commission?
5.
Are other departments affected by the report? N/A
_ Yes
_ No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belang
Executive Director 6
DEPARTMENT HEAD:
Linda G. Magnuso
Finance Director
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
AGENDA NO.
MEETING DATE: February 01, 2000
TO: Chairman and Members of the Board
FROM: Terrence L. Belanger, Executive Director
SUBJECT: Treasurer's Statement— December 31, 1999
ISSUE STATEMENT:
Per Agency policy, the Finance Department presents the monthly Treasurer's Statement for the
Redevelopment Agency Board's review and approval.
RECOMMENDATION:
Approve the December 1999 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
BACKGROUND:
Submitted for the Board's review and approval is the Treasurer's Statement for the month of
December 1999. This statement shows the cash balances for the Redevelopment Agency, with a
breakdown of bank account balances, investment account balances and the effective yield earned
from investments.
PREPARED BY:
Linda G. Magnuson
DIAMOND BAR REDEVELOPMENT AGENCY
TREASURER'S MONTHLY CASH STATEMENT
December 31, 1999
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
REDEVELOPMENT AGENCY CIP FD $1,159,274,88 $42,622.48 $34,659.00 $1,167,238.36
LOW & MOD INCOME HOUSING FD -
REDEVELOPMENT DEBT SVC FD -
TOTALS
DEMAND DEPOSITS:
INVESTMENTS:
$1,159,274.88 $42,622.48 $34,659.00 0.00 $1,167,238.36
GENERAL ACCOUNT
TOTAL DEMAND DEPOSITS
TIME CERTIFICATES
LOCAL AGENCY INVESTMENT FD
TOTAL INVESTMENTS
TOTAL CASH
$158,248.74
...
$158,248.74
$1,008,989.62
$1,167,238.36
Note: The Redevelopment Agency approved a development and disposition agreement with "Triple T Diamond Gate
This agreement requires the Agency to invest $983,040.50 in a Time Certificate of Deposit. The agreement
provides that the developer guarantee the current LAIF investment yield.
L.A,I,F - Effective Yield for December 1999 5.639%
Certificate of Deposit Yield (5/17/99-11/11199) 4.550%
4w,y� VA 4aX4
Terrence L, Belanger, Treasurer
Portfolio as of 12-31-99 Pooled Money Investment Account
PAR VALUES MATURING BY DATE AND TYPE
Maturities in Millions of Dollars
ITEM
1 day
to
30 days
31 days
to
60 days
61 days
to
90 days
91 days
to
120 days
121 days
to
150 days
151 days
to
180 days
181 days
to .
210 days
211 days
to
270 days
271 days
to ;
1 year
1 year
to
2years
2 years
to, .,
3 yearo., yea
3 ygarq
tp
4 Y,arsi
4 wreak
e
TREASURY
$ 170
$ 590
$ 160
$ 150
$ 565
$ 1,250
$ 925
REPO
TDs
$ 568
$ 722
$ 483
$ 251
$ 288
$ 69
$ 74
$ 193
$ 151
AGENCY
$ 997
$ 921
$ 820
$ 504
$ 635
$ 581
$ 415
$ 2,391
$ 472
$ 16
$ 442
BAs
CP
$ 2,308
$ 3,082
$ 2,145
$ 630
$ 550
CDs + BNs
$ 1,443
$ 830
$ 447
$ 684
$ 1,200
$ 1,275
$ 55
$ 300
$ 15
CORP BND
$ 39
$ 50
$ 27
$ 235
$ 67
$ 26
$ 5
$ 30
$ 150
$ 1,047
$ 609
$ 50
$ 30
TOTAL
$ 32,132
$ 5,525
$ 6,195
$ 3,922
$ 2,4641$
2,890
$ 2,516
$ 134
$ 638
$ 4,242
$ 2,4591$
609
$ 66
$ 472
PERCENT 17.2% 19.3% 12.2% 7.7% 9.0% 7.8% 0.4% 2.0% 13.2% 7.6% 1.9% 0.2% 1.5%
Note: Floating Rate Securities are represented at coupon change date.
Note: Mortgages are represented at current book value.
Note: Figures are rounded to the nearest million.
Note: Does not include AB55 and General Fund loans
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE BOARD OF DIRECTORS
JANUARY 18, 2000 Z)R44��r
1. CALL TO ORDER: Chairman Huff called the meeting to order at 8:14 p.m.
in the South Coast Air Quality Management District Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
ROLL CALL: Agency Members Herrera, O'Connor, Vice Chairman
Chang and Chairman Huff. Agency Member Ansari was excused.
Also present were: Terrence L. Belanger, Executive Director; Craig Steele,
Assistant Agency Attorney; James DeStefano, Deputy City Manager; David Liu,
Deputy Director of Public Works; 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/O'Connor moved, VC/Chang seconded, to approve
the Consent Calendar. Motion carried by the following Roil Call vote:
AYES: AGENCY MEMBERS - Herrera, O'Connor, VC/Chang, Chair/Huff
NOES: AGENCY MEMBERS - None
ABSENT: AGENCY MEMBERS - Ansari
3.1 APPROVED MINUTES:
3. 1.1 Regular Meeting of December 21, 1999 - As submitted.
3.1.2 Regular Meeting of January 4, 2000 - As submitted.
3.2 APPROVED VOUCHER REGISTER - dated January 18, 2000 in the amount
of $130.
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: None
ADJOURNMENT: There being no further business to conduct, Chair/Huff
adjourned the meeting at 8:16 p.m.
JANUARY 18, 2000
ATTEST:
Chair
PAGE 2 REDEVELOPMENT AGENCY
LYNDA BURGESS, Agency Secretary