Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/19/2010
City Council enda • Tuesday, October 19, 2010 5:15 p.m. — Closed Session — Room CC -8 5:45 p.m. — Study Session — Room CC -8 . 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Carol Herrera Steve Tye Mayor Mayor ProTem Ling -Ling Chang Ron Everett Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tomm ye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. j DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on TlnOe-VVmDle[ Cable Channel 8 and Verizon Fi[)G television [|hgOOe| 47. You are invited toattend and participate. PUBLIC INPUT K8eOlbe[G of the public may address the Council on any item of business on the agenda during the time the item is taken Up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent ' Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit 8 speaker slip t0the City Clerk. Any material tobesubmitted tothe City Council atthe meeting should besubmitted through the City Clerk. Gpogka[o are limited tofive minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity nfthe matter, the length ofthe agenda, the hour and any other relevant consideration. Speakers may address the {}oUOci| only once on an agenda itemn, except during public haaringa, when the applicant/appellant may beafforded arebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the -Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available.72 hours prior to the meeting and are'posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3' A[)G television Channel 47and onthe City's website Afull agenda packet ie available for review during the 088tiOQ, in the foyer just outside the Council chambers. The City Council may take action onany item listed onthe agenda. ACCOMMODATIONS FOR THE DISABLED A COPdleSS [DiCrOphOO8 is available for those pe[SODS with mobility impairments who cannot access the podium \norder tOmake Gpublic comment. Sign language interpretation isavailable by providing the City Clerk three business days' notice inadvance ofomeeting. Please telephone (0OQ)O3O-7D1O between 7:3Og.Ol. and 5:3Op.Ol.Monday through Thursday and 7:3O8.[D.to4:3Op.00.ODFridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access toagendas: General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME -WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 19, 2010 Next Resolution No. 2010-36 Next Ordinance No. 04 (2010) CLOSED SESSION: 5:15 p.m., Room CC -8 Public Comments on Closed Session Agenda Government Code Section 54956.8 Property Address: 21825 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: AQMD/Government Center 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price, Terms and Payment No. Government Code Section 54957 — Public Employee — City Manager Performance Evaluation STUDY SESSION: 5:45 p.m., Room CC -8 00. Lemon Avenue Update — Discussion and Action Public Comments j-11. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. October 19, 2010 PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Page 2 Mayor Pastor Jeanne Farreau-Sorvillo, United Church of Christ Council Members Chang, Everett, Tanaka, Mayor Pro Tern Tye, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming October 24, 2010 as "World Polio Day" on behalf of the . Rotary Club of Walnut Valley. 1.2 Proclaiming October 17 — 23, 2010 as Los Angeles County Sheriff's Department "Eyes on the Road" Week. BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to Aljibani Halal Market, 23385 Golden Springs Drive, as Business of the Month, October, 2010. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 26, 2010 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting — October 28, 2010 — 7:00 p.m., AQMD/Government Hearing Board Room, 21865 Copley Drive. October 19, 2010 Page 3 5.3 Hall of Horrors — October 30th — 31't, 2010 — 6:00 — 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road. 5.4 Fall Fun Festival — October 31, 2010 — 4:30 — 8:30 p.m., - Heritage Park, 2900 S. Brea Canyon Road. 5.5 Election Day — November 2, 2010 - Polls will be open 7:00 a.m. to 8:00 p.m. 5.6 City Council Meeting — November 2, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.7 Eco Expo — November 6, 2010 - 10:00 a.m. to 2:00 p.m. — Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of October 5, 2010 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2(a) Regular Meeting of July 27, 2010 — Receive and File. 6.2(b) Regular Meeting of August 10, 2010 — Receive and File 6.2(c) Study Session of August 24, 2010 — Receive and File 6.3 Ratification of Check Register — Dated September 30, 2010 through October 13, 2010 totaling $1,326,110.36. Requested by: Finance Department 6.4 Approve Notice of Completion for the Diamond Bar Boulevard Raised Median Modification Project. Recommended Action: Approve. Requested by: Public Works Department 6.5 Approval of Contract with RKA Consulting Group to Provide Building and Safety Services through June 30, 2011 at a Cost Not to Exceed $210,000. Recommended Action: Approve. Requested by: Community Development Department October 19, 2010 Page 4 6.6 Adopt Resolution No. 2010 -XX: Correcting a Clerical Error in Resolution No. 2010-33 by Memorializing the Substitution of Corrected Pages as an Attachment to Said Resolution. Recommended Action: Adopt. Requested by: City Manager 6.7 Approval of $2,720 Appropriation of Park Development Funds for Sycamore Canyon Park Trail Phase III Project. Recommended Action: Approve. Requested by: Community Services Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Continued Public Hearing — A Continued Public Hearing to Consider Various Actions Pertaining to Site D (a Site Comprised of Approximately 30.36 Acres Located at the Southeast Corner of Brea Canyon Rd. and Diamond Bar Blvd., Diamond Bar,, California (Assessors Parcel Numbers 8714-002-900, 8714-002-901, 8714-002- 902, 8714-002-903 and 8714-015-001) Including General Plan Amendment No. 2007-03, Zone Change No. 2007-04, Specific Plan No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map No. 70687, and Consideration of Certification of Environmental Impact Report 2007-02 (SCH No. 2008021014). Recommended Action: Reopen the Public Hearing, Receive Testimony and continue the matter until November 16, 2010. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 Approve for First Reading - Ordinance No. OX (2010): Amending in Its Entirety Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code Regulating Solid Waste and Recyclable Material Collection and Amending the Diamond Bar Municipal Code. Recommended Action: Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 0X(2010). Requested by: Public Works Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: October 19, 2010 Page 5 tl Ill oil tell] SRm60 Freeway/Lemon Avenue Part'lal D'iamond-- 7 I Build Eastbound off -ramp and Westbound on-ram�* Vicinity Map Pro'lect \ iD 95% e«}g{Plans | g> o.p,'ae o Three }.ee ;_gged 'Interchange: ("Partial D\o4/`\ Westbound on-ramp Eastbound §- -u#»!;« «- L -<«2<f Eastbound # -ramp Westbound rT}° ©,..��! v ± 2 zz.. a,® was !!\ \� � > due + . .� � � V »e s!b ; ' Ili };-; }!} 22 \ not «,..,°\ !� ty fe r 2 ` \e R Otakes a m d associated cost\i Partial ®�;iamond Interchang,tee i ------- - ---------- Elimination of Existing "Hook" Ramps -Pros - -- -- - - - - - - --- - -- - - - ------- o- - - s at Brea Canyon Road will be I auxiliaryExtension of the existing lane by a third of a mile to begin from i. on-ramp 1 ._ { •: i { ice;` �� i proposed .... •' l i ! •l h connector Eliminate , F- Intersection 1 3 { limi.aa !Ramps -Pros Elimination of Existing "Hook" Ramps -Cons o Independent _{ •i8 economic 3 [ 3paS study initiated , l assess !os, impacts o,._a! businesses t. GasStations (Chevron, Mobil, Shell) iu Restaurants (McDonalds, Jack in the Box, Bob's Big Boy, Coco's, ate! f% D e Taco,BarroBros. etcl u Local Retailers World Shopping Expected annual ioss in sales tax from a low of—$102,00(40 1-o a i i loss of—$200,000 o Eastbound off -ramp s E•r 3 will ! a1. "Lemon �i� 3 - - #.}} i. , n T �, E` Fes; j r i•i tight -of -way Impacts - - ----- - -- - - - - - - - - - ❑ Seven (7) private property partial takes Five (5) residential rear yards Fa Properties along Flintgate to accommodate eastbound off -ramp and associated sound wall Two (2) commercial property "slivers" 4= Shopping center at northwest corner of Lemon Ave. and Golden Springs Drive to accommodate curb ramp Parking lot (Approximately 9 parking spaces) of LA Fitness to accommodate eastbound on-ramp ❑ Twelve (12) temporary construction easements Nine (9) residential rear yards Properties along Flintgate to accommodate eastbound off -ramp and associated sound wall construction Three (3) commercial property "slivers" Shopping center at northwest corner of Lemon Ave. and Golden Springs Drive to accommodate curb ramp Parking loft (Approximately 9 parking spaces) of LA Fitness to accommodate eastbound on-ramp -_w Oriental Nursery on Banning Way ❑ Caltrans will be lead on right-of-way negotiations to acquire permanent property takes Rolght-of -Way Impacts o Noise . 'impacts Sound wall be constructed ato a o properties on Flintgate (between 20521 I1 iia"r within State right -of -way wholly property E Noise impacts exist without project Noise I(Continued) .....�......�..�..� ��� «•� m\?.........»«yam... ie Tr, 9 a � z .. �, �....r+ .cua.a.m,..--.,:-..-a.-.mx+.•-..-.�- _ K. ..F- .. ---�.a ..� .*ar�.`�i �-s*�.�.�r,� -�'�...x *'.ter+ �. � w �....-�y-•a....�-..,.�..., .-.wrae�.••-_�..�-. ma..---'..�aca.+fl�•w _-s_�_.._^ _ _ �bs�=.._.._.�. __ ® �...r�r- s. .� »�»....:.�.- s.�..,�-...-..r--._.. �.-...�-�... _-..�... �- _ .. .�._, r___r--. _._ ,�,s�wr .....--nom.... us... s• .. rn•-.^-,o esL�..+�a..s...w.+.Js'.Y.�w,}-T.er-ase�.s.,..3►a.,.+ tws.....�a.+. � �.r ��....-.. -4. N'"e..x^�""-.id+"' __ �`�...� �ie�..11Ryty"�tiw.sia ���#rS•TB_ ' '»:e,�«,�,h� .�. .a.-'�'e3'sl.�r�...'.�.� _ `f ��'.`..� - �'., ...._ .. - „. _. ^".`"'• _ ',, ^, _ _ !��.+�+��cew!m.....'-J.:k .w . ,...:- ,... ., �.5.'�'�a✓ � ,._�?s� ��.���P� s .�° 6 s + `.� l ,..a..�., ... '-. �� � !_� t ,... � .._.:.amu r .. 7f s ."ft�+,s � ,.•+.�:—_ _."' - _- __ i�t1E � i ji - " - �- `1 _ �. .. � � � _ `` � �.. �� �..�nr..� ..�_ _ �. �. ALM .. ...`� i.-...�. �-� _ . ++ i � '§,C�-�-'fit .e=,*mss ,s4.- icc-+° _ ,: _.t. __c.: :. ,. r Noise Impacts(continued) o Final u � ��_' that - �.. ..._ . - .. � . .�.. _ ... .. { f .� barriers ,. be e Golden •#+�5�•i•p "�"ij ,Drive .t'i+i_1 • private '� .x rri� }i �:, _ property were no longer determined io•f �� 2 based -5^ ;�,•• • •;9 �, € •„ Private Property Sound Walls I P.,andscape Enhancements Retaining Wall with Formliner Design, Typical On All Concrete Retaining Walls XF, WB On Ra Lj -X71 in der MM Ut j Landscape Area to be maintained by City ------------- ----------- -- : — -- --------- SR 60 ViT, IVA r -I FIN 4 NO ME 570 560 550 570 aawes _�AVV) EVMS J2rT E. GVAST[ VOPV PSSVCIATES�: SU{TE 72p 92pp CCNCOVf OlfialiIq CA 9{7pi OtITafllp. Ga ' 83+00 550 84+00 Financiai Resourcesrolect Budget Proiect Phase ITAIM ROW Support Estimated Construction w/ 5% contingenc Construction Management (12.5%) Projected Shortfall ($ Millions) to be paid by City of Industry Commitment $ 8.60 $ 0.40 $ 2.29 $ 4.90 $ 16.3.9 $ 2.78 $ 0.89 $ 0.50 $ 12.42 $ 1.55 $ 18.14 1.95 --- ----- -- Next Steps -------------- -------- - --- --- ------ 7 7, - ------ -------------- 0 H o Caltrans outreach to residents along Ggreensiae and T in Gona Ct. condominiumg ,3 Execute Freeway Agreement oj Execute ROW Cooperative Agreement o Proposed Schedule Right-of-way Acquisition anticipated to begin Fall/Winter 2010 .-, Right-of-way acquisition is anticipated to take approximately 18-24 months m Begin Construction December 2012 Z- iz Construction Complete S p ring /*rummer 2014 u e st'ai o n s Agenda No. 6(;l MINUTES OF THE CITTC0111RCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER . 5,2010 DRAFT CALL TO ORDER: Mayor Pro Tern Tye called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Tye led the Pledge of Allegiance. INVOCATION: Mark Hopper, Pastor, Evangelical Free Church, gave the invocation. ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack Tanaka, Mayor Pro Tern Steve Tye. Absent: Mayor Carol Herrera was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Community Development Director; ;Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Anthony Santos, Management Analyst; Lauren Hidalgo, Public Information Specialist, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Tye proclaimed October 2010 as Fire Prevention Month, and read and presented the Proclamation to Assistant Chief Dave Stone. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. I Ivi IA ki Pat Fabio, representing Congressman Gary Miller announced that the Congressman is looking for interns for fall, winter and spring. She further announced that Congressman Miller is hosting a service academy night at the Richard Nixon Library on Thursday, October 21, 2010 from 7:00 to 10:00 p.m. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 12, 2010 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. OCTOBER 5, 2010 PAGE 2 CITY COUNCIL 5.2 Traffic and Transportation Commission Meeting — October 14, 2010 — 7:00 p.m., SQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 Site D Project Public Meeting/Walking Tour, October 16, 2010 — 8:30 a.m. to 12:30 p.m. - Castle Rock Elementary School, 2975 Castle Rock Road. 5.4 City Council Meeting — October 19, 2010 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Chang moved, C/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka, and MPT/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: M/Herrera 6.1. CITY COUNCIL MINUTES — Regular Meeting of September 21, 2010 — Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES 6.2(a) Regular Meeting of July 22, 2010— Received and Filed. 6.2(b) Regular Meeting of August 26, 2010 — Received and Filed. 6.3 RATIFIED CHECK REGISTER DATED SEPTEMBER 15, 2010 THROUGH SEPTEMBER 29, 2010 — totaling $777,810.62. 6.4 APPROVED TREASURER'S STATEMENT — Month of August 2010. 6.5 ADOPTED RESOLUTION NO. 20,10-34: APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 005-M1 TO ADMINISTERING THE AGENCY -STATE AGREEMENT NO. 07-5455R FOR REIMBURSEMENT OF FEDERAL FUNDS IN THE AMOUNT OF $292,171 FOR THE SUNSET CROSSING ROAD/PROSPECTORS ROAD TRAFFIC CALMING PROJECT STPLH-5455(006). 6.6 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES CONTRACT FOR THE 2010-2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO DMS CONSULTANTS, INC. IN THE AMOUNT OF $35,740, AND AUTHORIZED A CONTINGENCY AMOUNT OF $3,500 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $39,240. OCTOBER 5, 2010 PAGE 3 CITY COUNCIL 6.7 ADOPTED RESOLUTION NO. 2010-35: APPROVING THE APPLICATION FOR $113,290 OF LAND AND WATER CONSERVATION GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $113,290 MATCH FROM THE CITY, FOR THE SUMMITRIDGE PARK SOUTHERN TRAIL VISTA PROJECT. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 REVIEW CONCEPTUAL PLAN FOR SILVER TIP PARK. CSD/Rose reported that the City Council appropriated $300,000 in the 2010-11 FY Budget to construct Silver Tip Park. To determine what improvements are most desired by the residents living near the park, staff conducted two neighborhood meetings at the park site. Meetings were held on Saturday, April 24 and Saturday, June 12. Input from the meetings was used to develop the conceptual plan being presented this evening. The conceptual plan was reviewed by the Parks and Recreation Commission at its June 24 meeting and Commissioners voted unanimously to recommend approval of the conceptual plan to the City Council. CSD/Rose stated that about 400 notices were sent out to residences in the immediate area of Silver Tip along with a sign being posted at the park site promoting tonight's meeting. CSD/Rose introduced Jeff Chamlee, Architerra Design Group. Mr. Chamlee gave a Power Point presentation of the conceptual plan for the approximate 2-3 acre parcel. The current park facility is in need of a facelift and upgraded amenities, primarily in the areas of accessibility, play equipment, picnic activities, security and drainage. The park features a large green grass area somewhat smaller than the current green area to conserve water. There is a new ADA accessible walkway entry from the street which will be less than five percent and will be secured with a vehicle bollard and boulders to help prevent unwanted vehicles from entering, but allow security access if needed. The main play area is being totally revamped with new play areas with one for 2-5 year olds and larger for 5-12 year olds. Adjacent to the play area is a large group picnic shelter and additional picnic tables under the shelter and scattered throughout the park. The area will include trash receptacles, accessible drinking fountain, and a new circular walkway that encompasses the grassy area and exercise stations along the walkway. In the future there may be a trail head for trail development up the hill. C/Everett thanked Mr. Chamlee for his work. He felt it was a good plan but was concerned about the $600,000 project tab when the budget called for $300,000. He asked if the playground equipment would fit in the OCTOBER 5, 2010 PAGE 4 CITY COUNCIL $300,000 budget or be included in a future budget. Mr. Chamlee said the plan is to phase the project. Construction drawings will encompass all of the proposed features and will be an itemized bid to allow staff to select a contractor so that staff can address the priorities. CSD/Rose stated that staffs report states that all of the improvement items will be included in the construction documents and depending on how the costs come in the items will be constructed up to the $300,000 budget. Staff believes the items that would be delayed would include the Gazebo Shake structure, the exercise equipment, the monument sign and possibly the lights. The lights would probably be the most important item to include first if the budget allows. Some of the additional landscaping and irrigation system improvements would likely have to be delayed. C/Everett said he was concerned about getting the security lights in as quickly as possible. MPT/Tye asked for public comments. Allen Wilson was curious about the ongoing costs to maintain the park. What is the purpose of this park and what is the five year cost to maintain this park. MPT/Tye closed public comments. CM/DeStefano reported that this park has been contemplated for some time. The neighborhood meetings that were held took place quite some time ago and is only a matter of coincidence of timing and trying to get this project done. This item is not related to the discussion item the speaker referred to at the last Council Meeting with respect to the survey that was sent to community members regarding park improvements, lighting and landscape and other improvements within the community. MPT/Tye pointed out that Silver Tip Park was built as part of the association at no cost to the community and that this discussion is about improving that park. CSD/Rose stated that the history for timing regarding this project goes back to 1992 when the City developed its Americans with Disabilities Act transition plan. In that plan the City listed all of the parks that the City is responsible for maintaining and one of the responsibilities under ADA is to create equal access to people with disabilities. So part of the improvements to this project, as mentioned by the architect, was to improve access from the sidewalk in front of the park into the park to reduce the steepness of the sidewalk and remove the cross slope. In OCTOBER 5, 2010 PAGE 5 CITY COUNCIL addition the tot lots now have sand as the cushion material and that sand will be replaced with a combination of sand and rubberized surface material so that wheelchairs will have easy access to the tot lot areas. Picnic tables, benches, etc. will also be ADA accessible, as Well as, the perimeter walkway which will give access to wheelchairs through the entire park. In short, the primary purpose for making these improvements at this time is to meet the ADA requirements and is in the time schedule of the City's transition plan. Funds to do the work are CDBG (Federal) funds that can be used for this work. In addition, the City has Park Development Funds that are set aside for park purposes. As far as ongoing maintenance, the cost to maintain the improved park compared to the current maintenance will stay the same. The only addition would be the cost of electricity if security lights were installed at a typical cost of $75- 100 per month. MPT/Tye said he heard the architect state that there would be less watering required because of the improvements. C/Everett moved, C/Tanaka seconded, to approve the Conceptual Plan for Silver Tip Park. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka and MPT/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: M/Herrera 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reminded residents that she has a very active Twitter and Facebook accounts. She also stated that she as well as her colleagues attended the DRHS/DBHS first ever game which was very exciting. C/Tanaka thanked DRHS for coordinating the Football Parents recognition and the American Cancer Society's campaign during halftime. He attended the Parks and Recreation Commission meeting last Thursday during which the Volunteens were honored for service in the Summer Day Camp programs, Senior Citizens' programs, Concerts in the Park and Movies under the Stars. On Friday he, C/Everett and MPT/Tye attended the Kiwanis Club of Walnut Valley Installation Breakfast. He congratulated Richard Malooly on being chosen President. C/Everett said he enjoyed the game Friday night and said he appreciated the healthy competition between the two schools. MPT/Tye also congratulated Richard Malooly on his presidency and hoped residents were planning on attending the Site D tour and community gathering on October 16th - He further congratulated the football team and coaches from OCTOBER 5, 2010 PAGE 6 CITY COUNCIL Diamond Ranch High School on their victory in the first football game between Diamond Ranch and Diamond Bar High School. ADJOURNMENT: With no further business to conduct, MPT/Tye adjourned the Regular City Council meeting at 7:08 p.m. The foregoing minutes are hereby approved this day of 12010. Agenda No. 6.2(a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 27, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Shah led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director;;Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None �:. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 22, 2010. C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting of June 22, 2010, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Shah, VC/Nolan, Chair/Torng None Nelson None 7.1 Development -Review No. PL 2009-71 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a 17,856 square foot new single family residence on a 36,428 net square foot 0.84 gross acre), Low Medium Density Residential RLM) zoned JULY 27, 2010 PAGE 2 PLANNING COMMISSION parcel with an underlying General Plan Land Use designation of Low Density Residential (RL). PROJECT ADDRESS PROPERTY OWNER: 3131 Steeplechase Lane (APN: 8713-017-111) Diamond Bar, CA 91765 Kimberly Ming Xu 18981 Bramhall Ln. Rowland Heights, CA 91748 APPLICANT: An -Chi Lee, A.C. Lee &,Architects 3740 Campus Drive, Suite B Newport Beach, CA 92660 PT/Tobon presented staff's report and recommended Planning Commission approval of PL 2009-71, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution. C/Shah asked why staff recommended chain link fencing around the native oak. CDD/Gubman explained that the condition applied only during construction phase to protect the tree and after construction the chain link would be removed. There were no ex parte disclosures. Chair/Torng opened the public hearing. An -Chi Lee, applicant, stated that the previous owner had designed a similar project that was approved in 2006. The overall massing of this project is somewhat smaller from the project that was approved in 2006. This project proposes a much larger (2700 square foot larger) basement for a project of about the same square footage. The- basement is hidden from street view and can be seen from the rear of the property. The owner hired a soils engineer who completed a very thorough soils and geological report to make certain the project would be feasible from an engineering and grading standpoint. Eight borings were taken to ensure that this project was feasible in terms of the grading and retaining walls. There is a very nice Oak tree on the property so to complement the tree, they would be planting an additional four (4) 48" box California Live Oak trees plus two (2) 60" box California Live Oak trees which will overhang the backyard garden area. This home currently has a four.garage which will be. broken into two (2) two -car garages with a 1*4 foot wide driveway approach at a 90 degree angle with trees to screen the garage doors. At the front there will be a fountain and some JULY 27, 2010 PAGE 3 PLANNING COMMISSION garden materials to create a pleasant look which leaves very little visibility of the house -from the street. In addition, the trash bin will be enclosed by a six foot high stucco wall at the side of the property and there will be a separate room in the same area for the electrical meter. The mechanical parts for'the air conditioning unit will be located in the mechanical room in the basement area with the three units enclosed in a six foot high stucco wall and trees to hide them from view and shield the noise from the neighbor's house. The basic garden design was taken from the inspiration of Italian design. There is also a 214 square foot pool house that includes a bathroom, a wet bar and some open and closed seating area. The project also proposes nine (9) trees in the rear area to shield the stuccoed wall, four of which will be California Black Walnut and five will be Italian Cypress. VC/Nolan asked the applicant to confirm that there would be no commercial use of the proposed "ballroom." Mr. Lee concurred and said that it was just a nice name for the space. C/Shah asked if the civil engineer had balanced the site. The applicant responded that the soils engineer recommended a full basement which would remove more existing dirt from the pad and it is better for the foundation to integrate the lava and the house. So they plan to use all of the removed dirt to fill the back garden area. In addition, there will be 800 cubic yards otexport. C/Shah asked the applicant to explain how the storm drains would be handled. The applicant responded that there is an existing concrete ditch at the back side of the property which was constructed at the time the property was subdivided by the developer. He pointed out its location on the map. C/Nelson commended Mr. Lee on a stunningly beautiful design and for the protection of existing oak and incorporation of native trees into the landscaping. He asked what one would do with a 2700 square foot basement. Mr. Lee responded that the basement will contain a ballroom for dancing, home theater, recreation room for ping pong and billiard as well as an exercise room. Mr. Lee responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. He asked for direction about additional trees at the back of the property because there are already nine trees, existing shrubs and trees on the adjoining property. CDD/Gubman stated that when staff reviewed the project and site conditions staff made a judgment call that the privacy and visual impacts of a new development on this site would conservatively call for additional trees to mitigate those issues. Clearly, Mr. Lee has carefully designed this project and staff is extremely pleased with the caliber of the design and it is very good to see this quality of a JULY 27, 2010 PAGE 4 PLANNING COMMISSION 8. project in "The Country Estates." The Commission needs to consider that the applicant has carefully studied the site and developed a landscape plan with consideration for the setting, architecture, context and respect for the surroundings. Based on the explanation that the applicant provided this evening, staff would not object to any proposal to leave the landscape plan as proposed. Staff now has a better understanding for the basis of the design. Should the Commission elect to delete the proposed condition as recommended by staff, staff would concur. SP/Lee clarified that the plans before the Commission for consideration this, evening are slightly different from the site plan that was shown on the PowerPoint presentation. There are three trees to the southwest of the site that are not shown on the landscape plan which is why staff recommended planting additional trees to the rear of the site. In fact, staff concurs with the plans shown on the power point presentation before the Commissioners for their consideration, not the site plan included in the Commissioner' packet. C/Shah said he concurred with staff and would recommend that staff's condition remain as proposed. C/Nelson said there are landscape architects and nursery personnel that specialize in native trees and know how best to put them in the ground and if the applicant wants the plantings to be successful, he should hire a consultant in native trees to assist the landscape crew to ensure the viability of what is being put in the ground and what those plantings are intended to accomplish. Chair[Torng closed the public hearing. C/Shah moved, C/Lee seconded to approve Development Review No. PL 2009-71, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None .PLANNING COMMISSIONER COMM ENTS/I NFORMATIONAL ITEMS: C/Shah asked for an update on the City Council's discussion, of Site D. JULY 27, 2010 PAGE 5 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that there are three (3) items slated for the August 10, 20,10, Planning Commission meeting —two custom homes proposed in "The Country Estate" and a Comprehensive Sign Program for the shopping center on Palomino to refresh the existing signage. CDD/Gubman reported that at its July 20 meeting, the City Council resumed the public hearing, received testimony and continued the matter to October 19, 2010 at the request of WVUSD to continue the matter for 60 days to allow the school district time to hold more neighborhood meetings and outreach to further consider the proposal on the table. There has been very organized opposition to the Site D Specific Plan and a lot of misinformation has been put out to the public about what Site D is and what can be done with the property. The housing has been characterized as "low income apartments" rather than the actual intent of providing ownership units at market rate. There have been other misleading characterizations of this project as well and part of the outreach is to ensure, to every extent possible, that the truth about the project is communicated directly to interested persons. In addition, with the introduction of the park component to the Specific Plan, the school district wanted further public input with respect to the proposed location, types of features, access, etc. and answer questions and concerns about parking issues. Presently, the park size on the revised plans presented to the Council consists of about two acres of flat usable land for usable park area plus an additional one to one and a half acres of slopes. If the park remains as part of this overall project it would most likely be a little larger than what was proposed by the Commission due to staff's study of the site and consultation with the Community Services Director. There has been an ongoing concern about the (economic feasibility and need of the commercial component of the project.) The neighborhood meeting process is going to be used to get a better understanding about the opposition to the commercial component of the land use plan which, depending on whether those concerns can be addressed, may result in further changes to the land use plan. The focus is to get the true facts to the public in an attempt to dispel misinformation and mischaracterization of the project. If there is a substantial change to the project that was not considered by the Planning Commission, It would, by necessity, be remanded to the Commission. In addition, due to the length of time this matter has been under consideration, the budget will have to be increased to cover the additional study and the MOU renegotiation will involve revising the budget and eliminating the expiration of November 2010 that relieves the school district of the responsibility to reimburse the City for the front money to prepare the Site JULY 27, 2010 PAGE 6 PLANNING COMMISSION Plan and EIR. In addition, the City will be seeking some installment payments for reimbursement for the Specific Plan rather than waiting for a lump sum when the property finally closes escrow. If the property sells during the time of repaying, the City will receive the remaining lump sum. CDD/Gubman responded to C/Shah that the budget that was agreed upon for cost of this proposal was about $340,000 and staff has nearly exhausted that amount to date. Staff is looking at potential additional costs. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:38 p.m. The foregoing minutes are hereby approved this 10th day of August, 2010. Attest: Respectfully Submitted, Greg Gubm3n- Community Development Director Ta- fV'Torng, ChairrdaTr Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 10, 2010 Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, and Chairman Tony Torng. Absent: Vice Chairman Kathy Nolan was absent. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of July 27, 2010. C/Shah moved, C/Nelson seconded, to approve the Minutes of the Regular Meeting of July 27, 2010, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Nelson, Shah, Chair/Torng None VC/Nolan 7.1 Development Review and Minor Variance No. PL 2009-96 — Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.52, the AUGUST 10, 2010 PAGE 2 PLANNING COMMISSION applicant requested approval to construct a new 15,061 square foot single family residence and 900 square foot second unit, and a Minor Variance for eight foot high retaining walls on a 57,935 square foot (1.3 acre), Rural Residential (RR) zoned parcel with an underlying General Plan land use designation of Rural Residential (RR) PROJECT ADDRESS: 2488 Alamo Heights Dive (APN 8713-028-003) Diamond Bar, CA 91765 PROPERTY OWNER: Syed Madad & Meher Tabatabai 2452 Alamo Heights Drive Diamond Bar, CA 91765 APPLICANT: Bill Hanson Distinguished Homes 160 S. Old Springs Road, Suite 170 Anaheim Hills, CA 92808 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review and Minor Variance No. PL 2009-96 based on the Findings of Fact and subject to the conditions of approval as listed within the resolution. C/Lee asked if the north and south sides of the dwelling had a retaining wall and AP/Alvarez responded that the north side is on an upper pad and does have a retaining wall. The south side does not have a retaining wall, it slopes straight down. They will. not be able to seethe retaining wall from the north side because the north side is on a higher elevation. C/L,ee asked if adjacent houses had retaining walls and AP/Alvarez said he was aware of properties in "The Country Estates" that were approved for eight -foot retaining walls. C/Shah noticed that the proposed project would require 5,439 cubic yards of cut to create the pad and 83 cubic yards would be used for fill while 12,617 cubic yards would be exported, which is about 185-330 truckloads. He asked if the applicant was able to balance the site because that number of trucks moving dirt out of that neighborhood would be too many and would definitely disrupt the neighborhood. AP/Alvarez responded that it would be difficult to balance the site I when there is a 40 -foot elevation difference within the site. AP/Alvarez stated that the applicant could provide more detail. AUGUST 10, 2010 PAGE 3 - PLANNING COMMISSION C/Shah said he knows the applicant on a social basis and said he did not believe it would impact his decision. CDD/Gubman said that based on what C/Shah stated about his level of interaction with those individuals and that he feels he can still make an impartial decision, he believed that it would not affect the impartial nature of his decision following deliberation. Chair/Torng opened the public hearing. Bill Hanson, Distinguished Homes, intends to build Mr. Madad's home as Mr. Madad intends. With respect to the amount of exported dirt because of the grade differential of 40 feet from front to back, in order to fit a house into that slope it would require quite a bit of cut. Within "The Country Estates" there are grading restrictions and within the 10 foot side yard, a property owner is not allowed to cut or fill more than two feet. This is directly related to the eight foot retaining wall. To build a house of that size on that pad, there is no other way to accomplish it. If there was another way, the applicant would not be exporting any more dirt than necessary. C/Shah asked about the back of the property and why there was such a large drop and wondered if the applicant tried to use the dirt in that area. Mr. Hanson said he left the back one-third of the lot undisturbed where an orchard will be planted. There is a drainage easement and a flood hazard in the back portion behind the guesthouse. C/Shah felt a lot of the area could be used for fill. Mr. Hanson said he was trying to stay away from that particular area due to volume, hydrology and not disturbing the flood hazard area. He had a soils engineer conduct an extensive analysis of the area and this is the only way that the house can sit on the lot and still maintain the flood hazard area as well as, stay within "The Country Estates" limits. The limit of two foot fill/cut is within the side yard setbacks which drives the eight foot retaining wall on the north side. C/Nelson said he did not have a problem with the project but philosophically he is struggling with the fact that this is a 15,000 square foot "dream home" with an eight foot retaining wall. He asked Mr. Hanson if when he approached this project, did he approach it believing he would keep the six foot maximum in mind and design a home that was the size that would fit within that or did he think to himself that he would build as big a house as he could and disregard the ordinance and put an eight foot retaining wall in. At what point does this Commission decide that somebody's "dream home" cannot be a certain size because the retaining walls are so high. He AUGUST 10, 2010 PAGE 4 PLANNING COMMISSION understands the topography of the site but philosophically, he was trying to understand, what was the applicant thinking going into this project? Do they need the inline pool? This is quite a project and while it is a beautiful home, at some point is this anarchy and is the Commission basically approving things that do not adhere to the ordinance or should it expect people to adhere to the ordinance and the rules. If the applicant was restricted to a six foot wall on the side where he has an eight foot wall, what would that do to the design? Mr. Hanson said they would have to reduce the size of the home by narrowing it. C/Nelson said that as he understands the diagram the eight foot wall does not really parallel or fall near the house. It really has to do with the cabana and the pool and the pool equipment room. Mr. Hanson said there is a section of wall toward the back of the house that approaches the eight foot level. C/Nelson said it was a very short section. Mr. Hanson said that the way he approached this project was that his client bought this lot with the intention of building his "ultimate home" that he could live the rest of his days in and his requirement was a minimum of 14,000 square feet. So as he developed through the planning stage and with the architecture it ended up being 15,000 square feet plus and in order to fit that on the lot that is where the project ended up. Mr. Hanson said he was trying to fulfill his client's wishes and dreams on the lot that he purchased in order to build his home and he was trying to reach the client's requirements which he did and in order to do that, that is what drove the retaining walls, grading, etc. C/Nelson thanked Mr. Hanson and reiterated that he was not opposed to the project but the Commission is constantly faced with property owners pushing the bubble and he wants to understand where they are coming from and whether it is a requirement for a dream home to be this size. If the retaining wall were 20 feet, would the Commission be expected to approve it just because it is the property owner's "dream home?" Eight feet is not that big of a difference. The Commission has approved eight feet in the past and he is prepared to approve the project but wanted to understand the thinking that goes behind this type of proposal. Mr. Hanson reiterated his comments and concluded by stating that the vast majority of the 60 foot linear eight foot wall is in the back behind the house where it is not visible and does not impact the neighbors. C/Lee felt the foundation of the variance was not too harsh or impractical. He understood this was a great project but there should be more screening in the future to adhere to the ordinance. CDD/Gubman explained that there is a 10 foot distance between the property line and the retaining wall. It would be possible to terrace the AUGUST 10, 2010 PAGE 5 PLANNING COMMISSION retaining walls along that side property line to reduce the overall height of each retaining wall and still be able to drop the grade down to that pad level. There is a solution to eliminate the need for an eight foot retaining wall if the Commission wishes to go in that direction. Staff believes there are findings that justify granting of the variance based on the fact that houses of this massive size have been a precedent that has been in place and set years ago. So the context now that new construction is being developed to relate to is within that realm of supersized houses, and what happens when staff has a request for such a large home to sit on a lot like this lot that has very narrow dimensions that do not allow the horizontal span to pick up some of that grade difference and slope, then it becomes a question of how many retaining walls should be used to build up or drop down to that pad elevation. The number of retaining walls and the height of each retaining wall are related to each other. There is an alternative that the Commission can pursue which is to require an additional retaining wall parallel to the side property line and the existing retaining wall of two feet, three feet or whatever, but the introduction of another retaining wall to step down the grades would reduce the overall height of the two separate retaining walls. C/Lee said he does not want to talk about something other than the design presented because those things should be done before the report is submitted to the Commission. If there is a hardship or impracticality, the Commission may review that, but this design should be reviewed by staff before it comes to the Commission. In the future staff should apply the ordinance more strictly. CDD/Gubman said he agreed that he wished this had been identified during the project review. For example, the next item on the agenda staff spent quite a lot of time struggling with how to get retaining walls down to the code requirement. On this one, the discussion provoked some critical analysis of the site plan and he sees that it is feasible to solve this problem and eliminate the need for a variance. He volunteered to draw what the change would look like. C/Nelson supported C/Lee's comments and said he did not believe that he or C/Lee was making an issue out of this project. The precedent has been set that the Commission has approved eight -foot retaining walls in the past. He felt the point was that if a variance for an eight foot retaining wall was a given, what the heck good is the six feet ordinance? So what C/Lee is asking is that when staff reviews these plans the assumption should not be made that the Commission is just going to continue to ignore the fact that there is an ordinance requiring a six foot maximum. The Commission would like for staff to work with the applicant to try to get it down to six feet to comply with the ordinance. The Commission is not planning to oppose this project but just simply bringing this up at this time because the Commission continues to set a precedent wherein it is AUGUST 10- 2010 PAGE 6 PLANNING COMMISSION completely subverting the City's ordinance and the Commission does not want that to happen.. CDD/Gubman said he appreciated the Commissioner's input. C/Nelson said that CDD/Gubman is correct that the Commission is faced with another agenda item wherein the variance is pushed more than eight feet. CDD/Gubman said he appreciated the Commissioner's input and said that staff would bring future projects to the Commission for consideration with a more detailed analysis so that the Commission's confidence in their decision is higher. C/Shah said he supported his colleagues in their comments and suggested that if the retaining walls could be stepped down in order to stay with the six- foot retaining walls there would be nothing wrong with that and he highly recommends the Commission should consider that. Mr. Hanson said he could have his engineer look at the possibility of a six- foot stepped down retaining wall. He said that part of the reason behind the eight foot retaining wall was that he made every effort to stay within the six foot limit by moving the house front to back while trying to remain within the driveway grade limitation so that the driveway is not so steep. Sliding the house back had an impact on how high the retaining walls would be at any given point. It was not just the size of the house, it was the placement of the house on the lot and the lot has a 40 -foot elevation difference from front to back which requires the grading as discussed as well as, the retaining walls. There is less than sixty feet at the back portion of the lot that does occasionally step into the eight foot retaining situation. I ChairfTorng asked if Mr. Hanson read and concurred with the balance of the conditions of. approval and whether he intended to comply with those conditions and Mr. Hanson responded "abscilutely." A speaker said he owned -the property on the south side of the project. He could discern anarchy or disobedience and non-compliance with the development of the new house. His property is exactly adjacent to this project and when it rains, all of the water from the project site invades his back yard and flows into his living room. He spent $15,000 to develop garden walls and retaining walls four feet, six feet and two feet along his property because the project site is that, much higher than his property. He appreciates that the property owner is building a beautiful house but he did not give any consideration, how the water (from the project property) is damaging his property. He suggested that Mr. Madad please come over to his house so he can show Mr. Madad how the land should be leveled and graded and how he believes there should be two ground water AUGUST 10, 2010 PAGE 7 - PLANNING COMMISSION swales, one on his side and one on the project side to create the flow of water down to the street and not to his house. Mangal Goshan, 21401 Bella Pine Drive, said he appreciated that the City was kept neat and clean. He asked the Commission to please listen to the concerns of the neighbors and try to make everyone happy. CDD/Gubman explained that approval of this project is approval of the project in concept. The project is not at the point of construction documents (geotechnical, grading, construction plans, building permits, drainage, onsite improvement plans, etc.) With this approval there are conditions of approval that state that prior to issuance of any permits, all of these final technical reports and construction documents need to be prepared and submitted to the City for review by the licensed civil engineers and building official ON staff to review the plans. Issues regarding drainage, slope stability, soil compaction, etc., are code requirements that need to be addressed through the plan check process. So any drainage issues will be addressed prior to the issuance of permits. This project cannot create more offsite drainage than what the natural conditions are and if warranted, drainage facilities need to be constructed to direct all of the water runoff into approved drainage facilities whether they are in drainage easements or into the roadway system. Mr. Hanson concurred with CDD/Gubman's comments and said that the drainage issue is being addressed on the grading plan. The reason the rear one third of the lot is left in its current state is Mr. Madad would like to plant an orchard of citrus fruit trees in that area. C/Nelson said the neighbor to the south is complaining that water is flowing off of the subject property across his property. Mr. Hanson said that is what he understands. C/Nelson asked if there is any plan to mitigate the discharge of water from the applicant's property across the neighbor's property? Mr. Hanson said the civil engineer is addressing the grading plan to meet all of the code requirements and to take care of the drainage. C/Nelson said that if the Commission specifies no drainage from the subject property, and will flow across the neighbor's property, does Mr. Hanson anticipate that to be a problem and even though this is conceptual and it will supposedly be handled. Mr. Hanson said he would have to consult with his civil engineer as far as the rear third of the property. CDD/Gubman said he needed to repeat that if there is cross lot drainage as a natural condition the requirement is that the project does not increase the volume of cross lot drainage. C/Nelson said he would agree with that and that is fair. AUGUST 10, 2010 PAGE 8 PLANNING COMMISSION The speaker (neighbor to the south of the project) asked staff to send him information on what is required of the property owner so that he can have an opportunity to explain to the builder what he has in mind to mitigate the storm water problem. Chair/Torng closed the public hearing. C/Lee moved, C/Nelson seconded, to approve Development Review and Minor Variance No PL 2009-96 as proposed by staff. C/N'elson asked that the approval be amended to include a condition that during discussions of the final grading and drainage, that the neighbor to the south of the project site should be invited to participate in those discussions. C/Lee concurred with the amendment. C/Shah asked that prior to voting on the motion the Commission revisit the issue of six foot stepped down retaining walls. C/Lee was not in favor of revisiting the retaining wall issue and concurred with staff's original proposal for the eight foot retaining wall. C/Nelson concurred with C/Lee to have the motion remain as originally amended. Chair/Torng said he agreed with C/Nelson regarding the amendment to have the neighbor included in the discussion regarding the drainage issue. C/Shah asked staff if he was correct in assuming that stepping down a six foot wall would allow the property owner and architect to retain the design. CDD/Gubman said C/Shah was correct. The introduction of the retaining wall would allow all of the existing grades to be preserved. The only change would be that the individual retaining wall heights would be brought down below eight feet. C/Shah said that, under those circumstances he would request C/Lee to amend his motion accordingly. C/Lee said he felt the engineers knew what they were doing and if no one can see the wall it is a very minor issue and would be more cost effective to build it as proposed. C/Nelson said he would stay with the original amended motion and concurred with C/Lee that it would not be fair to require this applicant to pay more money and lose time redesigning a six foot wall in place of approving the original plan. C/Shah did not believe there was a cost or inconvenience issue. In this case, if there is no variance needed and staff says it can be done without the variance then he feels compelled to ask his colleagues to reconsider. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Chair/Torng NOES: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: VC/Nolan AUGUST 1-0, 2010 -PAGE 9 PLANNING COMMISSION 7.2 Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.54, the applicant requested approval to construct an 11,073 square foot new single family residence on a 44,317 square foot (1.02 acre), Rural Residential (RR) zoned parcel with an underlying General Plan Land Use designation of Rural Residential (RR). A Variance is requested to allow wall heights to be increased from six feet to varying heights up to 12.8 feet. A tree permit was requested to allow the removal of five southern California Black Walnut trees and replacing them with 15 indigenous trees. PROJECT ADDRESS rAT . J0J*flH"0M_ 2845 Shadow Canyon Road (APN 8713-018-036) Diamond Bar, CA 91765 Chengliang Tang and Xin Ji 470 Wald Irvine, CA 92618 Alex Wu 470 Wald Irvine, CA 92618 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if the south side wall could be stepped down or must the height be maintained. PT/Tobon said she spoke with staff's engineers and because of the topography, the walls cannot be lowered any more than they are because the grading would extend into the next property. There were no ex parte disclosures. Chair/Torng opened the public hearing. Alex Wu, applicant, thanked PT/Tobon for an excellent presentation. He has been working on this project for over one year and has conducted a lot of studies in an attempt to reduce the size of the house and step down the house as much as possible. He cares about the owner, the neighborhood and the community. AUGUST 10, 2010 _1:__-._. .1 PAGE 10 PLANNING COMMISSION C/Shah asked if the applicant intended to cut and fill or export or import. Mr. Wu said there would be cut and fill for the tennis court and he has minimized the cut and fill to every extent possible. He would have to consult his civil engineer to determine whether there will be any import or export of dirt. Chair/Torng referred the applicant to staff's report that indicated 2,143 cubic yards of fill (page 4). Mr. Wu said the fill was needed because the site is so steep and challenging. Mr. Wu responded to Chair/Torng that neighbors would not be able to see the retaining wall - 12.8 feet is the highest point and the neighbors will not be able to see the retaining wall. Chair/Torng asked PT/Tobon to show the retaining wall and the view from the south end of the house. PT/Tobon said that the street is on the right side and looking at the side, the 12.8 foot retaining wall is located behind the garage and out of view from the street. The retaining walls are inward facing walls and will not be seen from either of the adjacent properties. In addition, there is landscaping in the area to mitigate the exposed height. C/Nelson said he wanted to be convinced that the applicant could not step down the wall. Mr. Wu responded that the referenced wall was the wall for the stairs that can only be seen from the inside of the pool deck. C/Nelson asked why stairs were necessary in that area. Mr. Wu responded that they are outdoor stairs for the gardeners to access the area below. C/Nelson asked if Mr. Wu designed this house with the City's ordinance in mind. Mr. Wu said he followed the ordinance from the beginning of the process. C/Nelson said this was his earlier point that this speaks to doubling what the ordinance calls out. C/Nelson again asked Mr. Wu if he was stating that he could not redesign this house to not double the retaining wall height requirement because this project needs a staircase for the gardeners. PT/Tobon responded that because the site is so steep, the stairs are needed to get down to the back yard (a 29 percent slope). C/Nelson asked staff why the City has a six foot restriction on retaining walls and CDD/Gubman responded that that was the standard deemed appropriate for retaining walls due to the aesthetic impacts of the walls. In this instance, this application has been with the City for well over a year and staff has been working closely with the applicant to deal with the difficult topography. This project came in with higher walls proposed and staff has consulted with its engineering staff to determine how those retaining walls could be terraced to get them down to the height limits established by the code. It took a lot of time and effort in dealing With the site constraints to reach the solution staff reached. Ultimately, because of the lateral grade and the front to back grade, staff found itself painted into a.comer where there was no additional solution to these three locations where the variance is proposed to increase the height. Staff looked at ways to deal with the site conditions and building AUGUST 10, 2010 PAGE 11 PLANNING COMMISSION configuration to reduce the retaining wall height and this is the ultimate result which is the limit to which staff could go with this project. C/Nelson concluded that the variance is justified as long as the retaining walls are not in view and CDD/Gubman said he would venture to speculate that the issue was aesthetics from offsite. He doubted if the retaining wall faced the interior of the property that it would be an "aesthetics" issue. He speculated that the intent was to mitigate the aesthetic effects from street view and from the view of other properties. C/Nelson asked that going forward staff members please speak to why the ordinance is in place and why the variance is recommended in view of what the ordinance is intended to do. He gets the feeling tonight that people are coming in with designs that ignore the City's ordinances. He trusts staff but wants justification because he believes property owners will continue to push the envelope. C/Shah said he concurred with C/Nelson's points. He is in the business and is looking at cross sections which he understands very clearly and he is not convinced that it is not doable but he is not going to design it forthe applicant either. He is really struggling today to approve any project that is so far outside of the boundaries of the City's ordinances. Chair/Torng closed the public hearing. CDD/Gubman said that the Commission's point that staff should do a better job of explaining the intent of development standards and how the alternatives in the design address what may be the intent is well taken. When considering a.variance, the Commission is supposed to be focusing on what the standard is and the intent may provide some context to help the Commission reach its decision but the technical requirement for a variance determination would be the findings that have to be made. What is unusual about the property justifies the deviation from the standard, so if the standard is six feet and the variance is requesting 12 feet, then the consideration is what is unusual about the site that necessitates that height increase. He would say that aesthetics may be one of the factors in the Commission's decision-making process to reach a wise decision but when making a variance determination, the Commission is really looking at what are the physical characteristics of the site that make compliance with that standard a hardship or unfeasible. In this case, the fundamental findings staff is proposing the Commission to make are that the site does have a very steep grade that is a compound slope that goes not only front to back but also side to side and there is very little, if any, pad area on the site to begin with. So the whole project is an effort to create a building pad and given the AUGUST 10, 2010 PAGE 12 = PLANNING COMMISSION steepness and difficulty of the site, the question ultimately is, are the locations where the additional height is proposed, warranted given all of these considerations. He said he would agree that Diamond Bar will continue to see this issue come up as The Country Estates gets built out. The easier lots have been developed. And now what is left are steep and very .difficult properties with very little pad. And this ultimately goes back to when The Country Estates was subdivided. A road system was designed along the ridgelines and property lines were drawn perpendicular to the street without any design preliminarily to create building pads for future consideration. There have been subdivisions within The Country Estates that have been recorded in recent years where pad design was a component of the recordation. However, historically, that was not the case in The Country Estates and the consequences appear as the City deals with the few remaining custom lots. These lots are those that buyers passed on before but now that land values have appreciated, those individuals are willing to spend the money it takes to shoehorn these very large homes onto those lots. C/Lee asked if the trees could be moved to another site and C/Nelson said that the California Walnut tree is on the California Native Plant Society's list for monitoring only and it is the accumulation of these trees in a woodland composition that is considered "sensitive" and individual trees are not considered sensitive. Based on years of research it is his understanding that one will not likely have success in transplanting or relocating them because they grow at different slope angles and have different compositions under them. Therefore, one is better off starting with smaller trees. The landscape architect for the project confirmed C/Nelson's statement. C/Nelson moved, C/Lee seconded, to approve Development Review No. 2009-05, Variance No. 2009-02, and Tree Permit No. 2009-02 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nelson Shah, Chair/Torng None VC/Nolan 7.3 Comprehensive Sign Program No. .2008-01 — Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant requested approval for a Comprehensive Sign Program for an approximately 16,000 square foot existing commercial building on a 140,263 square foot (3.2 acre), AUGUST 10, 2010 PAGE 13 PLANNING GOMMISSION Community Commercial (C-2) zoned parcel with a consistent underlying General Plan Land Use designation of General Commercial (C). PROJECT ADDRESS 50612�ffll 23525-23555 Palomino Drive Diamond Bar, CA 91765 The Abbey Company 1940 Inland Empire Boulevard #125 Ontario, CA 91764 APPLICANT: Nancy K. Parker Quiel Bros Sign Company 272 S. "I" Street San Bernardino, CA 92410 SP/Lee presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program No. 2008-01, based on the Findings of Fact and subject to the conditions of approval as listed within the resolution. C/Lee felt the color of the sign was very important and that the owner should decide on the color for better visibility. Chair/Torng opened the Public hearing. Nancy Parker, Quiel Bros Sign Company, said the building owner planned to change the building color to a more natural color and that her firm would prefer to go with Option 1 which has brown shades in it. She said that SP/Lee was unaware the building was being updated and that she was also unaware of the change until this evening. Chair/Torng asked if Ms. Parker read the resolution and concurred with the conditions of approval and Ms. Parker responded "yes." Chair/Torng closed the public hearing. C/Shah moved, C/Lee seconded, to approve Comprehensive Sign Program No. 2008-01, based on the Findings of Fact and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote. AUGUST 10*$2010-- PAGE 14 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nelson Shah, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nolan 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson said today is his birthday and he was delighted to spend it with his colleagues. C/Shah wished C/Nelson a happy birthday. Tonight's discussion was healthy and informative. He thanked everyone. Chair/Torng wished C/Nelson a happy birthday. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDID/Gubman wished C/Nelson a happy birthday. The WVUSD is in the process of coordinating neighborhood meetings to discuss the Site D Specific Plan and neighborhood issues. He recently heard that the first series of neighborhood meetings will probably be held at the end of August, possibly on Thursday, August 28 followed by a Saturday meeting on October 2. He will keep the Commission posted as dates are finalized. . CIDID/Gubman stated that staff interviewed the three finalists for the architectural proposal for the library component of the new city hall and has made a provisional selection. Staff is still in discussions with the. County Supervisor as to the level of commitment by the County Library. Staff believes it is moving closer to ensuring the library will be the City's partner in this very exciting project and when staff is able to publicly announce the architect selection it will do so. CDD/Gubman announced that a Study Session is the only item scheduled for the regular meeting date of August 24 for discussion of a proposed three- story office building at the H -Mart Center. The two-story office building at the Fountain Springs end of the Center is now proposed to be a three-story office building and staff has some concerns about the height and the visual impact of a three-story building at that end of the center. The Study Session will commence at 7:00 p.m. in Conference Room CC -8. AUGUST 10, 2010 PAGE 15 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:46 p.m. The foregoing minutes are hereby approved this 28ty day of September, 2010. Attest: Respectfully Submitted, Greg GubmFTr-*' Community Development Director C�h�airm'er, Agenda No. 6.2(c) --MINUTES OF THE CITY OF DIAMOND BAR . STUDY SESSION OF THE PLANNING COMMISSION AUGUST 24, 2010 STUDY SESSION: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Room CC -8, 21865 Copley Drive, Diamond Bar, CA 91765. Present: Commissioners, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee was excused. Staff Present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; and Stella Marquez, Senior Administrative Assistant. PUBLIC COMMENTS: None Offered. REVIEW AND DISCUSSION: DEVELOPMENT REVIEW AND TENTATIVE TRACT MAP NO. PL 2010-163 — Proposed new three story professional office building at the north end of Diamond Hills Plaza located at 2705 Diamond Bar Boulevard — Staff presentation by SP/Lee. VC/Nolan asked if the difference in the setback from Fountain Springs Drive was only 11 inches from 9 ft. I inch to 10 feet. SP/Lee said that was the previous two-story project. VC/Nolan asked if the three story office building was 10 feet. The applicant responded that the setback at the center point of the building is actually 14 feet. Chair/Torng said that in other words the original two-story building was 40 feet high and 9.1 feet to 15.1 feet for the setbacks and if that was approved in the past this looks like the same building. C/Nelson said that except for the window and the view into the resident's back yards it appears to be the same. Even though the building is 40 feet high the windows might be lowered to afford the people across Fountain Springs Drive some privacy. If another story is added even though the structure is the same height there would, in his opinion, be an invasion of privacy and would want that analyzed. He said he sensed tonight's meeting was as much about hearing from the public plus what the Commission comes up with tonight. CDD/Gubman concurred. C/Nelson said another of his concerns would be the reciprocal parking agreement and how it would look with the ultimate buildout of the center. Peichin Lee, applicant, explained to the Commission that the building meets the Development Code setbacks. She explained to the audience that the project has not submitted a traffic study but are awaiting the report. The current report indicates the current shopping center has more than 913 parking stalls. With the addition of this building, the entire shopping center would need to provide only about 600 parking stalls AUGUST 24, 2010 PAGE 2 PLANNING COMMISSION so there is adequate parking available on the site and between the building and the shopping center. There will be a reciprocal agreement for shared parking. Ms. Lee said she has lived in Diamond Bar for more than 10 years and was excited that her company has an opportunity to develop a project in the City. Her home office is in the City of Industry. The company was founded 15 years ago and initially built industrial -warehouses and other buildings in the City of Industry and then branched out to building medical buildings in Chino and West Covina. Part of the agreement for building this project includes no retail sales. The offices are professional offices only and would most likely bring more traffic to the existing center to help support the retail. This building is proposed to be 36,000 square feet. The windows are proposed to have color glazing which would offer some screening. In addition, many of the existing trees are more than 40 feet high which will offer additional screening and if they are asked to provide more trees to create better screening they would be happy to do so. Chair/Torng asked Ms. Lee to explain why the size of the building was being changed. Ms. Lee reiterated that the building needs to be of sufficient size to generate a certain return on the dollar in order for the lender to loan on the building and cover all of the costs. Projects under a certain size are not attractive to lenders. She felt the proposed project would offer a lot of opportunity to the community. C/Shah asked how much it would cost to building this project and Ms. Lee responded about $8 million. VC/Nolan asked how Ms. Lee conducted her feasibility study. Ms. Lee responded that she has lived in the area for several years. She owns the company and when they built a 72,000 square foot unit she personally marketed and sold all 45 condo units within one year. She has had a chance to meet a lot of local individual business owners in Diamond Bar, Walnut, Rowland Heights and Hacienda Heights, and what she learned was that most people want to own their own buildings. Chair/Torng asked about the number of units in an office condo and Ms. Lee said they propose to divide it into 34 condo units. Chair/Torng asked if all 34 condos would be purchases. Ms. Lee said there are a lot of buyers looking for this type of condo setup in this area. So far she has done a minimal amount of marketing because she wants to know if she will be able to obtain an approval from the Commission. Chair/Torng asked if this was proposed to be a medical building and Ms. Lee, responded no, it would be a professional office condo. VC/Nolan asked for staff's opinion of the cost effectiveness of this project if it were under a certain square footage. CDD/Gubman said staff does not look at projects in that manner. The challenge is that the applicant is taking a risk and looking at what kind of returns can be expected based on historical evidence. The Planning Division is looking at the aesthetic issues and needs to look at the consequences of what the applicant is proposing. When those issues are identified staff will communicate with the applicant as AUGUST 24, 2010 PAGE 3 PLANNING COMMISSION to what those concerns are and what the applicant would need to do to respond to those concerns. Staff determined that there might be a bit of an impact at this point and decided to have a study session to get the Commissioners' input. VC/Nolan asked what the standards were for view impact with respect to this project. CIDID/Gubman there are no development standards regarding views, angles and preserving existing Views but there are design criteria about compatibility and privacy. For example, when a second story addition to a residence is proposed, staff looks at privacy issues and clearly issues of view into back yards might be an issue so staff would look to eliminate the window on that side or work on that part of the architecture to offset those concerns. It is in that same general principle that staff would look at privacy issues, etc. C/Shah asked about the percentage of window area compared to the wall area. The architect responded he was not sure of the percentage but windows in the back would be used to break up the massing of the building. He explained that although there is more wall area the percentage of window area would be about the same as the previous project. Current code allows building up to 35 feet and the site was previously approved for up to 40 feet. This proposal height is 32 1/2 feet at the street side. However, if the building is measured from the parking lot facing H -Mart it is another six feet higher and the reason this project comes to the Commission for approval is because this project exceeds the 35 feet height. The highest tower in the shopping center at its peak is 49 feet. All four setbacks meet the Code. CIDD/Gubman responded to VC/Nolan that the building at Cold Spring end is being renovated with a new roof. There is no height change. VC/Nolan asked if the balcony was used for foot traffic and SP/Lee responded that it was. Ms. Lee said their original proposal was for 12,000 square feet three-story with each floor having the same footprint and that is the proposal she prefers. However, she wants to hear from the Commissioners and the neighbors about any concerns to see if there is a way that she can work with everyone to better define her position or reach a compromise. C/Shah asked staff to comment on reducing the first floor area. CDD/Gubman suggested staff talk about the alternatives staff considered to deal with the mass issue or take a break from that and listen to what the neighbors had to say. A speaker asked if the condos were being sold, would t * he City have a say in what type of business would be located in the building in order to control the health, safety and environment. CDID/Gubman responded that every business must be licensed and conform to the zoning requirements. So there are some uses that are allowed and other uses that would require a public hearing before they are established. If this is an office AUGUST 24, 2010 PAGE 4 1. PLANNING COMMISSION building, office uses are just allowed with a business license. There will be a requirement under the conditions of approval for this project as a condominium office building to have CC&R's so that there needs to be centralized management of this building and individual owners of the air Spaces within the building would have to abide by the property maintenance standards and criteria in addition to the additional City requirements to control the aesthetics e.g., where signs go, what kind of window coverings are allowed, etc. A speaker asked what would happen in the case of sub -leasing. Ms. Lee said it would be no different because the one who owns the whole building is subject to leasing requirements and so to would be individuals who own individual condos who rent to others. Businesses must acquire a business license from the City or from the county or state. CDD/Gubman said that if an unlawful business use was detected by the City it would become a code enforcement issue. A speaker said he was a potential buyer of one of the condo units because it is very difficult for business owners to find small offices. spaces in Diamond Bar. A speaker said he did not see a problem with the height because the uses are compatible with the neighborhood. He responded to VC/Nolan that he is a resident, shops there every week and often wondered what could happen at that vacant space. He saw no problem with the proposal. C/Shah asked what the timeline would be if the applicant received approval and whether construction would begin immediately or whether the applicant intended to wait until she had tenants. Ms. Lee said that if all goes as planned they are scheduled to break ground in three months. Construction will take no more than eight months to complete and they are looking to deliver the building to owners and/or tenants within a year from this time. Ms. Lee said she is a developer and general contractor. In addition to having a strong and professional construction team they handle all of the marketing and leasing in house as well by a very strong management team. A speaker asked if construction hours could be limited to the allowed times because ' workers arrive at 6:45 ready to work. CDD/Gubman responded that the ordinance prohibits construction prior to 7:00 a.m. Ms. Lee said she would make sure her team followed all regulations. VC/Nolan asked residents how they felt about the design as it affects people living on Fountain Springs. A speaker said he lives on Castle Rock but it seemed like it shouldn't be an issue. If he lived on Fountain Springs he would not want people looking into his back yard. The only problem would be the additional traffic coming into the area. CDD/Gubman responded that this project, taking into account the overall reduction in intensity for the shopping center without the three-story medical office building and theater building, in, the AUGUST 24, 2010 PAGE 5 PLANNING -COMMISSION aggregate, the total square footage of the center would be less than what was originally approved in 2005. He does not have specific answers with respect to traffic calming devices on Fountain Springs but it is an existing condition in that neighborhood. This being an office building with office clients it may actually distribute, more of the traffic to the Fountain Springs side so the traffic study would call out the trip distribution and whether there would be a need to install red curbs or signage or some other type of mitigation, if recommended. CDD/Gubman explained that the north end of the shopping center has been struggling. The end toward HMart is fairly well populated. The north end is pretty bleak and prior to the renovation the north end struggled more than the south end. Staff was initially uncomfortable with the 10,000 square foot music school recently approved at the north end of the center because it would not generate sales tax revenue. However, the reality is there may be indirect benefits with a busy music school with classes that rotate on an hourly basis because there may be more clients attracted to that end of the center that would patronize the businesses. Similarly, with a 30 plus unit office building there is a population that is constant throughout the business day. So this may be a better use given the difficulty in keeping retail established and having a workforce that should add synergy to the center. So as a use staff believes it is probably a good change in strategy as far as ranging land uses. VC/Nolan asked if all units were the same square footage and Ms. Lee said they would range from 1000 to 1500 square feet. She wondered if there were larger units on the top floor if it would require fewer windows. She said she was not comfortable with a third floor balcony facing Fountain Springs. She felt the balcony on the front side would be an attractive feature. Ms. Lee explained that the original proposal did not include the balcony design. It is a rectangular building with a hallway and the only window offices would have would be on the outside of the building. Chair[Torng referred to C/Nelson's earlier comments and asked about the impact of third story windows in relationship to the closest buildings. CDD/Gubman said staff could do some line of sight analysis. He would like to see windows because C/Nelson said it may be that the windows do not need to be reduced but the Commission would need to see an analysis between the impacts of a two and three story building and what, if any, intrusion on the people across the street. A two -scale cross section should work. Ms. Lee said she wanted it to look like a professional office building. No one will live there and most businesses are open 9 a.m. to 5 p.m. C/Nelson said that was the other element —the light from the windows because during the winter it gets dark at 5 p.m. He did not believe that anyone across the street on Fountain Springs would like to have light coming into their back yards. It is a comparative analysis. The Commissioners just need to see it and understand it. He has no doubt that this could be compatible or even better than what was previously proposed but the Commission has approved one project and AUGUST 24,2640- ' - PAGE 6 PLANNING COMMISSION - I now the Commission is being asked to approve another project and the basis for approval is a comparison to what was approved before. And if there are significant effects on neighbors that would be what he would have to base his decision on. Ms. Lee reminded the Commissioners that there was landscaping to mitigate the window issue and that she had volunteered to add landscaping if that were a condition of approval. CDD/Gubman said there are tall trees at the back of the building site and staff would have to study the matter further before relying too much on the mitigating -effect of those trees and that will be part of what staff brings back to the Commission. CDD/Gubman said that staff's concern was that a three story building is a tall building. The architect has worked on taking the three story building and attempted to minimize the height and use other massing techniques to reduce the visual impact. He asked the Commissioners to imagine a three-story building at the corporate center in an area that is really one or two story building in scale. In looking at the project at Nogales and Valley one gets a better sense of the scale of a three-story building. Staff is not saying the applicant should not build a three-story building in this location but based on its proximity to Fountain Springs, it may be appropriate to do whatever possible to use design techniques to reduce the perceived scale of that building. And certainly, the trees that already encroach above the skyline where the top of the parapet would reach are adjacent to a two-story building on a higher pad so this building next to it will not be any higher than that building. In fact, it will be lower than a portion of the adjacent building. VC/Nolan asked if the existing building that fronts on Diamond Bar Boulevard have any windows that face Fountain Springs and SP/Lee said she did not believe so. The architect explained that from the windows about the only thing that would be visible would be the rooftops of the houses. C/Nelson said he understood but wanted a comparison and doubted that anyone living in the area would have envisioned a three- story building, maybe a two-story building,. but not a three-story building. He reiterated that he is not saying this is not compatible and cannot be made compatible but the Commissioners have to base their decision on what is best for the community. If the applicant can show the Commissioners. that there is really no significant difference between the two-story and the three-story building in terms of line of sight into the yard and/or light intrusion into the yard, that is the evidence the Commission needs on which to base its decision. VC/Nolan reminded the applicant and staff she wanted consideration of the view from the balcony as well. AUGUST 24, 2010 PAGE 7 PLANNING COMMISSION A speaker said he agreed with the Commissioners that the residents' privacy needed to be respected but wanted the Commissioners to look at the big picture because he does not believe there would be an infringement issue. VC/Nolan reiterated her concern about the rear balcony because people would tend to stand out on the balcony and visit and smoke. She said she liked the idea of the setback but not having people on a balcony so accessible to view. Ms. Lee reiterated that the balcony is part of the square footage of the building. It would be unusual not to have a balcony. VC/Nolan said that people standing outside on balconies smoking is very common. C/Nelson asked the applicant to obtain a traffic study comparison of the proposed project with the approved project and comment on how the traffic would change. He asked staff to take a look at the potential need to red stripe the curb on Fountain Springs so that people would not be parking there and up the driveway into the building. CDD/Gubman reiterated staff's concerns and the Commissioner's concerns. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the Study Session at 8:36 p.m. The foregoing minutes are hereby approved this 28th day of September, 2010. Attest: Respectfully Submitted, Grego Gub n Community Development Director T.;f®rng, "Chaio�,arf--� CITY COUNCIL Agenda # 6. 3 Meeting Date: October 19, 2010 FA OWN 101 1 IN V 13, 11 TO: Honorable Mayor and Members of he City Council FROM: James DeStefano, City Man g d TITLE: Ratification of Check Register date September 30, 2010 through October 13, 2010 totaling $ 1,326,110.36. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,326,110.36 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated September 30, 2010 through October 13, 2010 for $ 1,326,110.36 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. Linda G. Magnuson Finance Director REVIEWED BY: ,---ua / A 4Vj almlld--, --W Financ4 4 Oirector Assists' Cid ager Attachments: Affidavit and Check Register — 09/30/10 through 10/13/10. RM.-HARZ W-0--7yi, The attached listings Dfdemands, invoices, and claims iDthe form Of@check register including checks dated September 30'2010 through October 13.2010 has been audited and iGcertified 88accurate. Payments have been allowed from the following funds inthese aDOOUOtS: Description General Fund Com OrgSupport Fund PnopA-TranaitFund PnopC-TranoitToxFund Integrated Waste Mgt Fund Com OevBlock Grand Fund LLAO38Fund LLAD3QFund LLAD41 Fund Capital Imp Projects Fund Finance [)iredD[ Amount 500.00 117,204.65 6,204.96 5,867.62 3,750.80 643.17 400.48 231.86 721,495.06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 10 -PP 20 PAYROLL TRANSFER P/R TRANSFER-10/PP 20 001 10200 150,996.63 $170,626.59 9/30/2010 91533 PAYROLL TRANSFER P/R TRANSFER-10/PP 20 112 10200 6,312.87 $41.00 9/30/2010 PAYROLL TRANSFER P/R TRANSFER-10/PP 20 113 10200 6,204.96 9/30/2010 91539 PAYROLL TRANSFER P/R TRANSFER-10/PP 20 115 10200 5,787.62 $21.00 9/30/2010 PAYROLL TRANSFER P/R TRANSFER-10/PP 20 125 10200 1,324.51 9/30/2010 91532 AARP MATURE DRIVING CLASS -SEPT 0015350 45300 276.00$276.00 $54.80 9/30/2010 JARROWHEAD ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 1 42.74 9/30/2010 1 91533 APRIL I BATSON REIMB-SUPPLIES 0015350 41200 41.001 $41.00 9/30/2010 91534 ISRAEL BECERRA EQ RENTAL -DBC 0015333 42130 1 12.06 $54.80 9/30/2010 JARROWHEAD ARROWHEAD WATER SUPPLIES -DBC 0015333 1 41200 1 42.74 9/30/2010 91535 AT&T MOBILITY CELL CHRGS-CMGR 0014030 1 42125 53.12 $53.12 9/30/2010 91536 ISRAEL BECERRA FACILITY REFUND-SYC CYN 001 23002 50.00 $10.86 9/30/2010 JISRAELBECERRA FACILITY CHRGS-SYC CYN 001 23004 -39.14 1 9/30/2010 1 91537 BENESYST 10/01/10-P/R DEDUCTIONS 001 21105 722.01 $722.01 9/30/2010 1 91538 KEVIN BERTRAND RECREATION REFUND 001 34740 1 80.00 $80.00 9/30/2010 1 91539 JOHN E BISHOP ICONTRACT CLASS -SUMMER 0015350 1 45320 21.00 $21.00 9/30/2010 91540 CA ASSOCIATION OF CODE ENFRMNT OFFC MEMBERSHIP DUES -FLACKS 0015230 42315 125.00 $125.00 9/30/2010 1 91541 CAROL A HERRERA REIMB-LEAGUE CONF 0014010 42330 53.50 $53.50 9/30/2010 1 91542 TED A CARRERA T & T COMM -9/9 0015510 44100 45.00 $45.00 9/30/2010 1 91543 NORMA CASILLAS FACILITY REFUND -DBC 001 1 36615 1 400.00 $400.00 9/30/2010 1 91544 ICONNIE CHUNG REFUND -10 TRIP 1125553 .45535 57.00 $57.00 9/30/2010 1 91545 CITY OF BREA BOOTH -BRIDAL SHOW 0015333 42141 365.001 $365.00 9/30/2010 1 91546 ICLEAR CHANNEL OUTDOOR INC ADS -BUS SHELTER 0014095 1 42115 1 658.50 $658.50 Page 1 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 91547 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-253 001 23010 90.00 $10,683.32 9/30/2010 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-251 001 23010 90.00 9/30/2010 91552 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-263 001 23010 90.00 $100.00 9/30/2010 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-296 001 23010 90.00 9/30/2010 91553 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-289 001 23010 90.00 $62.61 9/30/2010 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2010-302 001 23010 90.00 9/30/2010 91554 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -9/1-9/15 0015220 45201 10,143.32 $50.00 9/30/2010 1 91548 DAVID EVANS AND ASSOCIATES INC ILANDSCAPE DESIGN -AUG 0015510 1 R45221 1 2,140.50 $2,140.50 9/30/2010 91549 DAY & NITE COPY CENTER PRINT SVCS -COM DEV 0014096 44000 175.60 $266.63 9/30/2010 DAY & NITE COPY CENTER PRINT SVCS -GENERAL 0014090 42110 41.68 9/30/2010 91552 DAY & NITE COPY CENTER PRINT SVCS -GENERAL 0014090 42110 23.01 $100.00 9/30/2010 DAY & NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 26.34 9/30/2010 91550 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 225.00 $700.00 9/30/2010 CAROL DENNIS PROF.SVCS-CNCL MTG 0014030 44000 175.00 9/30/2010 91552 CAROL DENNIS PROF.SVCS T&T COMM 0015510 44000 150.00 $100.00 9/30/2010 CAROL DENNIS PROF.SVCS-T&T COMM 0015510 44000 150.00 9/30/2010 1 91551 MELANIE DEPRAT RECREATION REFUND 001 34780 200.00 $200.00 9/30/2010 EVERGREEN INTERIORS PLANT MAINT-LIBRARY SEPT 0014090 42210 107.00 9/30/2010 1 91552 DH MAINTENANCE MAINT SVCS -DBC 0015333 1 45300 1 100.00 $100.00 9/30/2010 1 91553 EDWARD F FLACKS REIMB-CACEO CONF 0015230 42330 1 62.61 $62.61 9/30/2010 1 91554 ITIFFANY EJAN FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 9/30/2010 1 91555 GLENDA ESTRADA RECREATION REFUND 001 1 34780 1 55.00 $55.00 9/30/2010 91556 EVERGREEN INTERIORS PLANT MAINT-C/HALL SEPT 0014090 42210 230.00 $337.00 9/30/2010 EVERGREEN INTERIORS PLANT MAINT-LIBRARY SEPT 0014090 42210 107.00 9/30/2010 1 91557 1EXCELLANDSCAPE MAINT-24236 SPRINGWOOD 1 0015230 1 45214 1 380.001 $380.00 Page 2 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 91558 F5 NETWORKS INC ANNL MAINT-12/10-12/11 0014070 42205 1 3,597.60 $3,597.60 9/30/2010 1 91559 IGARCINS FENCE CORP IGATE INSTALL -PARKS 0015340 1 42210 1 2,860.00 $2,860.00 9/30/2010 INLAND EMPIRE STAGES SR EXCURSION -LA FAIR 1125350 45310 846.75 $100.00 9/30/2010 1 91560 IMADHU GARG REFUND -10 TRIP 1 1125553 1 45535 1 57.001 $57.00 9/30/2010 91561 GO LIVE TECHNOLOGY INC PROF.SVCS-CNIEW 9/24 001 23005 1 1,950.00 $1,950.00 9/30/2010 1 91562 SHANNON GRIFFITHS ICONTRACT CLASS -SUMMER 0015350 1 45320 1 19.20 $19.20 9/30/2010 1 91563 JDANA HADDADIN RECREATION REFUND 001 34780 55.00 $55.00 9/30/2010 1 91564 HALL & FOREMAN, INC. PROF.SVCS-D/B MEDIAN 2505510 46420 1,500.00 $1,500.00 9/30/2010 1 91565 HEWLETT PACKARD COMPANY COMP MAINT-8/10-8/11 0014070 1 42205 1 3,368.38 $3,368.38 9/30/2010 1 91566 KEVIN HOUSE T & T COMM -9/9 0015510 1 44100 1 45.00 $45.00 9/30/2010 1 91567 INLAND EMPIRE MAGAZINE AD -DBC OCT 2010 0014095 1 42115 1 995.00 $995.00 9/30/2010 91568 INLAND EMPIRE STAGES SR EXCURSION TRANSPRTN 1125350 45310 834.43 $2,022.00 9/30/2010 INLAND EMPIRE STAGES SR EXCURSION -LA FAIR 1125350 45310 846.75 $100.00 9/30/2010 91573 INLAND EMPIRE STAGES SR EXCURSION-VLLY CASINO 0015350 45310 340.82 9/30/2010 91569 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2010-407 001 23010 359.20 $1,104.20 9/30/2010 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2010-395 001 23010 363.40 $100.00 9/30/2010 91573 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2010-397 001 23010 381.60 9/30/2010 91,170 DATA SYSTEM CORP PARKING CITE ADMIN -AUG 0014411 45405 651.40 $1,376.16 9/30/2010 JJUDICIAL JUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN-JUL 10 0014411 45405 724.76 $100.00 9/30/2010 91571 K&V BLUEPRINT SERVICE INC. SUPPLIES-P/WORKS 0014090 41200 38.08 $599.03 9/30/2010 K&V BLUEPRINT SERVICE INC. ANNL MAINT-I.T. 0014070 42205 1 560.95 $100.00 9/30/2010 1 91572 GHAZALA KHAN IRECREATION REFUND 1 001 1 34780 1 99.001 $99.00 $100.00 9/30/2010 1 91573 IJOHN KIM IRECREATION REFUND 1 001 34780 100.001 Page 3 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 9/30/2010 91574 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 42325 20.00 $40.00 9/30/2010 1 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 0014010 1 42325 20.00 9/30/2010 91575 KWANG HO LEE PLNG COMM -8110 0015210 44100 65.00 " $65.00 9/30/2010 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -SEPT 2010 1125553 45533 1,002.45 9/30/2010 1 91576 LEWIS ENGRAVING INC. ENGRAVING SVCS -CITY TILES 0014090 1 42113 1 42.25 $42.25 9/30/2010 1 91577 LIANA PINCHER IT & T COMM -9/9 0015510 1 44100 1 45.00 $45.00 9/30/2010 1 91578 JIMMY LIN T & T COMM -9/9 0015510 1 44100 45.00 $45.00 9/30/2010 1 91579 LOS ANGELES COUNTY MTA MTA PASSES -SEPT 2010 1125553 45535 3,466.05 $4,468.50 9/30/2010 1 LOS ANGELES COUNTY MTA CITY SUBSIDY -SEPT 2010 1125553 45533 1,002.45 9/30/2010 1 91580 MANAGED HEALTH NETWORK JOCT 2010 -EAP PREMIUMS 1 001 1 21115 1 160.161 $160.16 9/30!2010 91581 GARY MARTINEZ FACILITY REFUND -DBC _T 001 23002 200.00 $550.00 9/30/2010 GARY MARTINEZ FACILITY REFUND -DBC 001 23002 350.00 9/30/2010 1 91582 MCE CORPORATION IVEGETATION CNTRL-AUG 0015558 1 45508 8,641.82 $8,641.82 9/30/2010 KATE NIELSEN FACILITY CHRGS-DBC 001 36615 -17.00 9/30/2010 1 91583 MOBILE RELAY ASSOCIATES INC REPEATER SVCS -OCT 2010 0014440 1 42130 1 78.751 $78.75 9/30/2010 1 91584 KENNETH MOK T & T COMM -9/9 0015510 44100 45.00 $45.00 9/30/2010 1 91585 STEVE G NELSON JPLNN COMM -AUG 2010 0015210 1 44100 1 130.001 $130.00 9/30/2010 91586 KATE NIELSEN FACILITY REFUND -DBC 001 23002 350.00 $333.00 9/30/2010 KATE NIELSEN FACILITY CHRGS-DBC 001 36615 -17.00 9/30/2010 1 91587 KATHLEEN ERIN NOLAN JPLNG COMM -8/24 001521.0 44100 65.00 $65.00 9/30/2010 91588 FRANCISCO NORIEGA IFACILITY REFUND -DBC 001 23002 1 500.001 $500.00 9/30/2010 91589 NORTH WEST COLLEGE FACILITY REFUND -DBC 001 23002 500.00 $500.00 Page 4 City of Diamond Bar - Check Register 09/30/10 thru 10/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 91590 P F PETTIBONE & CO SUPPLIES-P/WORKS 0015510 41200 237.50 $237.50 9/30/2010 91591 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 47.43 $26,932.23 9/30/2010 1 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,238.12 9/30/2010 91595 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,646.68 $273.28 9/30/2010 1 91592 SANDRA PLEULER DWYER RECREATION REFUND 001 1 34720 1 46.00 $46.00 9/30/2010 1 91593 PUBLIC STORAGE #23051 RENTAL -UNIT 2153 OCT 10 0014090 42140 259.00 $518.00 9/30/2010 1 PUBLIC STORAGE #23051 RENTAL -UNIT 2145 OCT 0014090 42140 1 259.00 9/30/2010 1 91594 PUBLIC WORKS WOMEN'S LEADERSHIP CNF MTG-K MOLINA 1 0015510 1 42325 1 15.001 $15.00 9/30/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTRL 0015510 42126 166.24 9/30/2010 1 91595 REINBERGER PRINTWERKS IPRINT SVCS -BUS CARDS 1 0014095 1 42110 1 273.28 $273.28 9/30/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 264.91 9/30/2010 1 91596 JARUNA ROY FACILITY REFUND -DBC 1 001 1 34780 50.001 $50.00 9/30/2010 1 91597 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 550.28 $550.28 9/30/2010 1 91598 MARIA SANGCO FACILITY REFUND-REAGAN 001 123002 1 50.001 $50.00 9/30/2010 1 91599 JAGDISH SHAH PLNG COMM -AUG 2010 0015210 1 44100 1 130.00 $130.00 9/30/2010 1 91600 SJC 3 CONSULTING CONSULTANT -HIP PROG AUG 1255215 1 44000 1 2,025.00 $2,025.00 9/30/2010 1 91601 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL OCT 1 0014090 1 42140 22,416.45 $22,416.45 9/30/2010 91602 SOUTHERN CALIFORNIA EDISON ELECT SVCS TRFFC CONTRL 0015510 42126 364.81 $821.13 9/30/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTRL 0015510 42126 166.24 9/30/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 25.17 9/30/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 264.91 9/30/2010 91603 SPORT PINS INTERNATIONAL INC PROMO SUPPLIES-P/INFO 0014095 41400 347.86 $942.26 9/30/2010 SPORT PINS INTERNATIONAL INC PROMO SUPPLIES -COMM SVCS 0015350 41200 1 594.40 9/30/2010 1 91604 STEVE M TYE REIMB-CCCA MTG 1 0014010 1 42325 1 20.00 $20.00 Page 5 11111 111 111 111 , III i1q; IIIIIIIII I 'I III III III IM Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 91605 LIHSIN STEVENSON RECREATION REFUND 001 34780 55.00 $55.00 9/30/2010 1 91606 RAFIK TADROS FACILITY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 9/30/2010 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2010-395 001 23010 308.84 9/30/2010 1 91607 ROD TASHIMA FACILITY REFUND-SYC CYN 001 - 23002 1 50.00 $50.00 9/30/2010 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.26 9/30/2010 1 91608 TENNIS ANYONE CONTRACT CLASS -SUMMER 0015350 1 45320 1 77.70 $77.70 9/30/2010 VERIZON WIRELESS CELL CHRGS-SASD MODEM 0014411 42125 45.01 9/30/2010 1 91609 THE COMDYN GROUP INC PROF.SVCS-GIS WK 9/10 0014070 1 44000 1 1,390.59 $1,390.59 9/30/2010 1 91610 THE ORANGE COUNTY REGISTER PUBLICATIONS -AUG 2010 0014090 1 42320 13.15 $13.15 9/30/2010 91611 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2010-392 001 23010 311.60 $846.48 9/30/2010 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2010-395 001 23010 308.84 9/30/2010 91613 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2010-407 001 23010 226.04 $273.00 9/30/2010 1 91612 UNION BANK OF CALIFORNIA LOC FEES -JUN -SEPT 2010 0014090 1 42129 1 15,932.73 $15,932.73 9/30/2010 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 82.70 9/30/2010 1 91613 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 1 42345 273.00 $273.00 9/30/2010 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.26 9/30/2010 1 91614 VANTAGEPOINT TRNSFR AGNTS-303248 10/01/10-P/R DEDUCTIONS 001 1 21108 28,764.07 $28,764.07 9/30/2010 91615 VERIZON CALIFORNIA PH.SVCS-NEW CITY HALL 0014093 42125 55.92 $468.22 9/30/2010 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 82.70 9/30/2010 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 112.97 9/30/2010 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 175.26 9/30/2010 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 41.37 9/30/2010 91616 VERIZON WIRELESS CELL CHRGS-CMGR 0014030 42125 110.22 $395.26 9/30/2010 VERIZON WIRELESS CELL CHRGS-EOC 0014440 42125 58.17 9/30/2010 VERIZON WIRELESS CELL CHRGS-GENERAL 0014090 42125 9.72 9/30/2010 VERIZON WIRELESS CELL CHRGS-DESFORGES 0014070 42125 45.05 9/30/2010 VERIZON WIRELESS CELL CHRGS-I.T. 0014070 42125 127.09 9/30/2010 VERIZON WIRELESS CELL CHRGS-SASD MODEM 0014411 42125 45.01 9/30/2010 1 91617 VISION SERVICE PLAN OCT 2010 -VISION PREMIUMS 1 001 1 21107 1 1,192.11 $1,192.11 Page 6 III III Mill 1111111 1 11'111! i 1 1 I I I I' Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/30/2010 91618 WARREN SIECKE TRFF ENG SVCS-JUL 2010 0015510 45221 354.50 $857.50 9/30/2010 1 WARREN SIECKE TRFFC ENG SVCS -AUG 2010 0015510 1 45221 503.00 9/30/2010 91619 WEST COAST ARBORISTS INC TREE MAINT-AUG 2010 0015558 45509 4,065.30 $4,400.30 9/30/2010 1 WEST COAST ARBORISTS INC WATER SVCS -AUG 2010 0015558 1 45510 335.00 9/30/2010 1 91620 IWEST COAST MEDIA AD-P/INFO SEPT 10 1 0014095 1 42115 1 700.001 $700.00 10/7/2010 ALBERTSONS SUPPLIES -DAY CAMP 0015350 1 41200 160.10 9/30/2010 1 91621 IWORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 1255215 41200 1 401.29 $401.29 9/30/2010 1 91622 IPAUL WRIGHT A/V SVCS-CNCUP/R MTG 0014090 44000 1 550.00 $550.00 9/30/2010 1 91623 JYI TONY TORNG PLNG COMM AUG 2010 0015210 1 44100 1 130A0 $130.00 10/7/2010 1 91624 JACCESS CONTROL SECURITY ISECURITY GUARDS -DBC 0015333 1 45010 1 1,749A0 $1,749.00 10/7/2010 91625 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 127.75 $287.85 10/7/2010 ALBERTSONS SUPPLIES -DAY CAMP 0015350 1 41200 160.10 10!7/2010 1 91626 JALLIANT INSURANCE SERVICES INC JSPCL EVENT INS-JUL-SEPT 1 001 23004 10,957.24 $10,957.24 10/7/2010 AT & T PH.SVCS-GENERAL 0014090 1 42125 29.91 10/7/2010 1 91627 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 41200 413.7$413.701 $57,960.47 10/7/2010 1 91628 JARCHITERRA DESIGN GROUP INC 1PRINT SVCS-SYC CYN TRAIL 2505310 R46415 120.49 $120.49 10/7/2010 91629 AT & T PH.SVCS-GENERAL 0014090 42125 39.40 $69.31 10/7/2010 AT & T PH.SVCS-GENERAL 0014090 1 42125 29.91 10/7/2010 1 91630 JAT&T MOBILITY ICELL CHRGS-POOL VEH 1 0014090 42125 1 22A0 $22.00 10/7/2010 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA SEPT 10 0015340 42210 85.00 10/7/2010 1 91631 IBANK OF SACRAMENTO RETENTION -RJ NOBLE 1250 20300 1 57,960.47 $57,960.47 10/7/2010 91632 BEAR STATE AIR CONDITIONING SVCS IN MAINT-DBC SEPT 10 0015333 45300 773.00 $1,013.00 10/7/2010 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA SEPT 10 0015340 42210 85.00 10/7/2010 BEAR STATE AIR CONDITIONING SVCS IN MAINT-HERITAGE SEPT 10 0015340 42210 155.00 Page 7 1111 1111pill 111 111 11111111 111111111 1 roll - Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91633 LYSSA CALERO RECREATION REFUND 001 34780 35.00 $35.00 10/7/2010 91634 CITLALLI CERDA FACILITY REFUND -DBC 001 23002 500.00 $450.00 10/7/2010 CITLALLI CERDA FACILITY CHRGS-DBC 001 36810 -50.00 10/7/2010 91635 CERTIFIED TRANSPORTATION SVCS INC EXCURSION -AMY'S FARM 1125350 45310 384.96 $769.92 10/7/2010 CERTIFIED TRANSPORTATION SVCS INC EXCURSION -PUMPKIN PATCH 1125350 45310 384.96 1017!2010 1 91636 YING CHEN IFACILITY CHRGS-REAGAN 001 1 23002 1 50.001 $50.00 10/7/2010 CONSTRUCTION HARDWARE SUPPLIES -NEW C/HALL 0014093 1 42210 348.46 10/7/2010 1 91637 CAROLINE CHIANG FACILITY REFUND-SYC CYN 001 123002 1 50.00 $50.00 10/7/2010 91638 CONSTRUCTION HARDWARE SUPPLIES -NEW C/HALL 0014093 42210 14.71 $363.17 10/7/2010 CONSTRUCTION HARDWARE SUPPLIES -NEW C/HALL 0014093 1 42210 348.46 10/7/2010 1 91639 JOSCAR CORCIO FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00 $50.00 10/7/2010 NESTOR DAVILA IFACILITY CHRGS-SYC CYN 001 23004 1 -39.14 10/7/2010 1 91640 CA PARKS & REC SOC -DIS XIII MTG-A TARAZON 0015350 1 42325 1 20.00 $20.00 10/7/2010 91641 NESTOR DAVILA FACILITY REFUND-SYC CYN 001 23002 50.00 $10.86 10/7/2010 NESTOR DAVILA IFACILITY CHRGS-SYC CYN 001 23004 1 -39.14 10/7/2010 1 91642 DE LA ROSA & COMPANY IBOND REMARKETING -DBC 1 0014090 1 42129 3,840.681 $3,840.68 10/7/2010 DIAMOND BAR HAND CAR WASH CAR WASH-P/WKS 0015554 42200 52.37 10/7/2010 91643 DELTA CARE USA OCT 2010 -DENTAL PREMIUMS 1 001 1 21104 1 297.30 $297.30 10/7/2010 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 48.96 10/7/2010 1 91644 DELTA DENTAL OCT 2010 -DENTAL PREMIUMS 1 001 1 21104 1 3,243.33 $3,243.33 10/7/2010 1 91645 CAROL DENNIS PROF.SVCS-P & R MTG 0015310 1 44000 125.00 $125.00 10/7/2010 91646 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 204.82 $330.13 10/7/2010 DIAMOND BAR HAND CAR WASH CAR WASH-P/WKS 0015554 42200 52.37 10/7/2010 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015350 42200 23.98 10/7/2010 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 48.96 10/7/2010 1 91647 DIAMOND BAR HIGH SCHOOL AD -PHOTO CONTEST 0014095 1 42115 1 130.001 $130.00 Page 8 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91648 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 305.18 $305.18 10/7/2010 91649 DIAMOND BAR PETTY CASH PARKING -DAY CAMP 0015350 42410 68.00 $371.13 10/7/2010 DIAMOND BAR PETTY CASH MTGS-P/WORKS 0015510 42325 20.00 $50.00 10/7/2010 91651 DIAMOND BAR PETTY CASH MTGS-CMGR 0014030 42325 39.92 $550.00 10/7/2010 DIAMOND BAR PETTY CASH TRNG-P/WORKS 0015510 42340 22.13 10/7/2010 91652 DIAMOND BAR PETTY CASH PARKING -BRIDAL SHOW 0015333 42141 9.00 $2,476.18 10/7/2010 DIAMOND BAR PETTY CASH MTG-CSMFO MAGNUSON 0014050 42325 30.00 10/7/2010 91653 DIAMOND BAR PETTY CASH SUPPLIES -RECYCLING 1155515 41400 60.00 $3,242.00 10/7!2010 DIAMOND BAR PETTY CASH SUPPLIES-P/WORKS 0015510 41200 8.22 10/7/2010 91654 DIAMOND BAR PETTY CASH EQ MAINT-RD MAINT 0015554 42200 21.93 $1,000.00 10/7/2010 DIAMOND BAR PETTY CASH MTGS-COMM SVCS 0015310 42325 6.00 10/7/2010 91655 DIAMOND BAR PETTY CASH SUPPLIES -DBC 0015333 41200 2.58 $230.00 10/7/2010 DIAMOND BAR PETTY CASH CONF-HHW INFO 1155515 42325 20.00 10/7/2010 DIAMOND BAR PETTY CASH EQ MAINT-COMM SVCS 0015310 42200 42.35 10/7/2010 DIAMOND BAR PETTY CASH FUEL -COMM SVCS 0015310 42310 15.00 10/7/2010 DIAMOND BAR PETTY CASH MTGS-P/WORKS 0015510 42325 6.00 10/7/2010 1 91650 DIAMOND BAR SOCCER LEAGUE REIMB-CONCERTS 0015350 45305 298.001 $298.00 10/7/2010 JELITE COMPANIES US, INC CONSTRCTN-GRAND/MONTFN 2505510 1 R46420 1 22,175.00 $50.00 10/7/2010 1 91651 DIEHL EVANS AND COMPANY LLP TAX SEMI NAR-FUAITORRES 0014050 42340 550.00 $550.00 10/7/2010 91652 DIVERSIFIED PARATRANSIT INC ISHU17LE SVCS -CONCERTS 1125350 45310 2,476.18 $2,476.18 10/7/2010 1 91653 DIVERSIFIED PRINTERS PRINT SVCS -CITY NEWS 0014095 44000 3,242.00 $3,242.00 10/7/2010 1 91654 IDOTY BROS EQUIPMENT CO REFUND -EP 09-4106 001 23012 1,000.00 $1,000.00 10/7/2010 1 91655 IDIANA DUNCAN EXCURSION -PUMPKIN PATCH 0015350 42410 230.00 $230.00 10/7/2010 91656 ELITE COMPANIES US, INC RETENTION PAYABLE 001 20300 -2,217.50 $19,957.50 10/7/2010 JELITE COMPANIES US, INC CONSTRCTN-GRAND/MONTFN 2505510 1 R46420 1 22,175.00 $50.00 10/7/2010 1 91657 JERA REAL ESTATE IFACILITY REFUND -DBC 001 23002 100.00 $100.00 $50.00 10/7/2010 1 91658 JOSE ESCOBAR IFACILITY REFUND -HERITAGE 001 1 23002 1 50.001 im Check Date I Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount ( Total Check Amount 10/7/2010 91659 EVERGREEN INTERIORS PLANT SVCS -DBC SEPT 0015333 45300 177.00 $312.00 10/7/2010 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 42210 135.00 10!712010 91660 GABRIELA FIALLO EXPRESS MAIL -GENERAL 0014090 42120 131.85 $205.82 10/7/2010 IFEDEX FEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 73.97 10/7/2010 1 91661 GABRIELA FIALLO IFACILITY REFUND -HERITAGE 001 23002 50.00 $50.00 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 155.91 10/7/2010 91662 GOLDEN SPRINGS PTA COMM ORG SUPPORT FUND 0114010 1 42355 1 500.00 $500.00 10/7/2010 91664 HALL & FOREMAN, INC. OVER PAYMENT -CK 90725 001 34650 -122.50 $7,993.48 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 155.91 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 05-488 001 23012 937.50 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 05-488 001 23012 234.38 10/712010 HALL & FOREMAN, INC. ADMIN FEE -EN 05-488 001 34650 -234.38 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 06-510 001 23012 1,500.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 06-510 001 23012 375.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 06-510 001 34650 -375.00 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-695 001. 23012 1,500.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-695 001 23012 375.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-695 001 34650 -375.00 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-669 001 23012 750.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 23012 187.50 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-669 001 34650 -187.50 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 07-591 001 23012 345.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 07-591 001 23012 86.25 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 07-591 001 34650 -86.25 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 02-324 001 23012 375.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-324 001 23012 93.75 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 02-324 001 34650 -93.75 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-EN 10-684 001 23012 1,125.00 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-684 001 23012 281.25 10/7/2010 HALL & FOREMAN, INC. ADMIN FEE -EN 10-684 001 34650 -281.25 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 R45227 293.56 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91664... HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 42.33 $7,993.48 ... 10/7/2010 91666 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 124.63 $88.86 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 435.86 10/7/2010 91667 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 401.70 $50.00 10/7/2010 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 129.49 101712010 1 91665 ANNE HO FACILITY REFUND-REAGAN 001 1 23002 1 50.001 $50.00 10/7/2010 INLAND VALLEY CONSTRUCTION COMPANY REFUND -EN 07-597 001 23012 1,876.54 10/7/2010 1 91666 HOME DEPOT CREDIT SERVICES SUPPLIES -DBC 1 0015333 1 41200 1 88.861 $88.86 10/7/2010 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS AUG 0014020 44020 4,277.00 10/7/2010 1 91667 AMY HSU FACILITY REFUND-PANTERA 001 1 23002 1 50.001 $50.00 10/7/2010 1 91668 IMPACT SIGNS SIGNS -PARKS 1 2505310 1 46415 1 411.56 $411.56 10/7/2010 91669 INLAND VALLEY CONSTRUCTION COMPANY REFUND -GRADING BOND 001 23001 828.00 $12,704.54 10/7/2010 INLAND VALLEY CONSTRUCTION COMPANY REFUND -EN 07-597 001 23012 1,876.54 10/7/2010 91673 INLAND VALLEY CONSTRUCTION COMPANY REFUND -EP 08-3851 001 23012 10,000.00 $350.00 10/7/2010 91670 VALLEY HUMANE SOCIETY ANIMAL CONTROL -OCT 2010 0014431 45403 9,065.00 $10,315.00 10/7/2010 1 JINLAND INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT -OCT 0014431. 1 45403 1,250.00 1017/2010 91671 JENKINS & HOGIN, LLP LEGAL SVCS -GENERAL AUG 0014020 44020 2,293.20 $8,881.60 10/712010 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV AUG 0014020 44020 2,202.20 10/7/2010 91673 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS AUG 0014020 44020 91.00 $350.00 10/7/2010 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS AUG 0014020 44020 4,277.00 10/7/2010 91674 JENKINS & HOGIN, LLP LEGAL SVCS -FINANCE AUG 0014020 44020 18.20 1 1 10/7/2010 91672 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS -OCT 2010 0014030 44000 3,000.00 $3,000.00 10/7/2010 KASA CONSTRUCTION CNSTRCTN-PATHFINDER 2505510 R46420 1 84,017.50 10/7/2010 1 91673 KEITH JOHNSON ENTERTAINMENT -SR DANCE 0015350 45300 350.001 $350.00 10/7/2010 1 91674 KEITH JOHNSON ENTERTAINMENT -SR DANCE 0015350 45300 350.00 $350.00 10/7/2010 91675 KASA CONSTRUCTION RETENTION PAYABLE 250 20300 -8,401.75 $75,615.75 10/7/2010 KASA CONSTRUCTION CNSTRCTN-PATHFINDER 2505510 R46420 1 84,017.50 Page 11 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91676 KENS HARDWARE SUPPLIES -COMM SVCS 0015310 42200 10.17 $435.76 10/7/2010 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 61.35 10/7/2010 KENS HARDWARE SUPPLIES -DBC 0015333 41200 153.85 10/7/2010 KENS HARDWARE SUPPLIES -PARKS 0015340 41200 219.15 10/7/2010 KENS HARDWARE MEMO CREDIT -COMM SVCS 0015350 41200 -8.76 10/7/2010 1 91677 JI YUN KIM FACILITY REFUND-REAGAN 001 23002 50.00 $50.00 10/7/2010 1 91678 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS 0014095 41400 1,680.08 $1,790.39 10/7/2010 1 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS 0014095 1 41400 110.31 10/7/2010 91679 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-AUG 10 0015558 1 45503 1 1,982.761 $1,982.76 10/7/2010 91680 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 10-669 001 23012 740.68 $3,717.98 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-669 001 23012 133.32 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-669 001 34650 -133.32 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-656 001 23012 361.26 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-656 001 23012 65.03 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-656 001 34650 -65.03 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 10-684 001 23012 683.26 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-684 001 23012 122.99 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-684 001 34650 -122.99 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 02-324 001 23012 223.26 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 02-324 001 23012 40.19 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 02-324 001 34650 -40.19 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-576 001 23012 206.75 1017/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-576 001 23012 37.22 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-576 001 34650 -37.22 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 09-641 001 23012 918.25 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-641 001 23012 165.29 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 09-641 001 34650 -165.29 10/7/2010 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 10-692 001 23012 584.52 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-692 .001 23010 105.21 10/7/2010 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 10-692 001 34650 -105.21 Page 12 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1017/2010 91681 LEWIS ENGRAVING INC. BADGES -BLDG & SFTY STAFF 0014090 42113 34.52 $34.52 1017/2010 1 91682 ILOS ANGELES COUNTY CLERKS OFFICE CEQA FILING-LWCF GRANT 10 1 0015310 1 44000 75.00 $75.00 10/7/2010 91683 LOS ANGELES COUNTY MTA MTA PASSES -AUG 2010 1125553 45535 120.00 $150.00 10/7/2010 1, LOS ANGELES COUNTY MTA CITY SUBSIDY -AUG 2010 1125553 45533 1 30.00 10/7/2010 1 91684 ILOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT JUN 0015340 1 42210 1 1,785.68 $1,785.68 10/7/2010 91685 LOWE'S BUSINESS ACCOUNT SUPPLIES -RECREATION 0015350 41200 19.55 $143.43 101712010 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 0015340 1 41200 123.88 10/7/2010 1 91686 ASHLEY MCDONALD FACILITY REFUND -MAPLE HLL 1 001 23002 200.00 $200.00 10/7/2010 91687 METROLINK PASSES RETURNED 1125553 45535 -5,428.50 $101,232.00 10/7/2010 METROLINK METROLINK PASSES -SEPT 10 1125553 45535 85,475.02 10/7/2010 91689 METROLINK CITY SUBSIDY -SEPT 10 1125553 45533 21,185.48 $8.00 10/7/2010 1 91688 DESIREE MIGUEL 1FACILITY REFUND -DBC 001 23002 1 500.001 $500.00 10/7/2010 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 23012 203.81 10/7/2010 1 91689 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -COMM SVCS 0015350 41200 8.00 $8.00 10/7/2010 91690 NINYO & MOORE INC PROF.SVCS-EN 10-698 001 23012 1,132.25 $3,485.25 10/7/2010 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 23012 203.81 10/7/2010 91692 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 34650 -203.81 $21,944.50 10/7/2010 NINYO & MOORE INC PROF.SVCS-EN 10-698 001 23012 2,353.00 10/7/2010 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 23012 423.54 10/7/2010 NINYO & MOORE INC ADMIN FEE -EN 10-698 001 34650 -423.54 10/7!2010 1 91691 OLYMPIC STAFFING SERVICES TEMP SVCS -COMM DEV 8/6 0014060 44000 794.401 $794.40 10/7/2010 ORKIN PEST CONTROL INC PEST CONTROL -S BREA CYN 1385538 42210 63.37 10/7/2010 1 91692 JONWARD ENGINEERING IRD MAINT-AREA 6 AUG 2505510 R46411 1 21,944.50 $21,944.50 10/7/2010 91693 ORKIN PEST CONTROL INC PEST CONTROL-PANTERA 0015340 42210 89.23 $218.64 10/7/2010 ORKIN PEST CONTROL INC PEST CONTROL -S BREA CYN 1385538 42210 63.37 10/7/2010 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.04 Page 13 � 1 .�,,��r C. II• '•� i' 1 1 � I i 10/7/2010 91699 PROTECTION ONE INC ALARM SVCS -DBC 0015333 42210 56.78 $219.56 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91694 ANDREA ORTIZ FACILITY REFUND-PANTERA 001 23002 50.00 -T-5.00 10/7/2010 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 31.50 10/7/2010 1 91695 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-SEPT/OCT 0014090 42125 842.40 $842.40 10/7/2010 1 91696 KIRIT PANSURIA FACILITY REFUND -DBC 001 1 36615 1 400.00 $400.00 10/7/2010 1 91697 PDC FACILITIES REFUND -FPL 98-017 1 001 1 23010 1 319.36 $319.36 10!7/2010 1 91698 POMONA JUDICIAL DISTRICT IPARKING CITE ADMIN -AUG 001 1 32230 1 2,802.501 $2,802.50 10/7/2010 91699 PROTECTION ONE INC ALARM SVCS -DBC 0015333 42210 56.78 $219.56 10/7/2010 PROTECTION ONE INC ALARM SVCS -HERITAGE 0015340 42210 99.78 10/7/2010 91701 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 31.50 $1,000.00 10/7/2010 PROTECTION ONE INC ALARM SVCS-SYC CYN 0015340 42210 31.50 10/7/2010 1 91700 1PYRO, COMM SYSTEMS INC JALARM SVCS -NEW C/HALL 10014093 1 45000 1 50.00 $50.00 10/7/2010 LEONARD RUIZ FACILITY CHRGS-DBC 001 36615 -34.00 10/7/2010 91701 REGIONAL CHAMBER OF COMMERCE ICONTRACT SVCS -OCT 10 0014096 1 45000 1,000.001 $1,000.00 10/7/2010 1 91702 REINBERGER PRINTWERKS PRINT SVCS -ENVELOPES 1 0014090 1 42110 1 309.50 $309.50 10/7/2010 1 91703 RJ NOBLE COMPANY IRD MAINT PROD -AREA 6 1 2505510 1 R46411 1 521,644.19 $521,644.19 10/7/2010 91704 RL CLOTWORTHY CONSTRUCTION INC REFUND -EP 08-3907 1 001 1 23012 1 500.00 $500.00 10/7/2010 1 91705 JOHN RODRIGUEZ IFACILITY REFUND-SYC CYN 001 23002 1 50.00 $50.00 10/7/2010 91706 LEONARD RUIZ FACILITY REFUND -DBC 001 23002 500.00 $466.00 10/7/2010 LEONARD RUIZ FACILITY CHRGS-DBC 001 36615 -34.00 10/7/2010 1 91707 ANA SAGASTEGUI RECREATION REFUND 001 23002 1 50.00 $50.00 10/7/2010 1 91708 ISCHORR METALS INC IMETAL SIGN -STEEP CYN 0015340 42210 250.60 $250.60 10/7!2010 91709 SCMAF I MTG-REC STAFF 0015350 42325 20.00 $20.00 Page 14 III 11 1w oi->I• ''•I, I� I I 1 1 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # I Amount I Total Check Amount 10/7/2010 91710 SECTRAN SECURITY INC. COURIER SVCS -OCT 2010 0014090 1 44000 1 299,731 $299.73 10/7/2010 91711PRADIP SHAH FACILITY REFUND -DBC 001 23002 350.001 $350.00 10/7/2010 SIMPSON ADVERTISING INC POSTAGE FEE-C/NEWS OCT 0014095 42120 2,000.00 10/7/2010 91712 LI RUNG SHEN BROWN IRECREATION REFUND 001 34780 110.001 $110.00 10/7/2010 91713 SIMPSON ADVERTISING INC PROF.SVCS-AD 0014095 44000 742.67 $4,224.30 10/7/2010 SIMPSON ADVERTISING INC POSTAGE FEE-C/NEWS OCT 0014095 42120 2,000.00 10/7/2010 91719 SIMPSON ADVERTISING INC PROF.SVCS-DIB TRFFC SITES 0014096 R44000 1,481.63 $50.00 10/712010 91714-1MART & FINAL SUPPLIES -SR BINGO 0015350 41200 298.36 $478.21 10/7/2010 MART & FINAL SUPPLIES -SR BINGO 0015350 41200 179.85 1017/2010 1 91715 ISOUTHERN CALIFORNIA CONTRACTORS INC IRETENTION PAYABLE 250 20300 22,340.601 $22,340.60 10/7/2010 91716 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 5,280.00 $15,313.00 1017/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 508.85 10/7/2010 91719 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 400.48 $50.00 1017/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 231.86 10/712010 91720 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 6,675.73 $127.08 1017/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 2,170.30 10/7/2010 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 45.78 1017/2010 91717 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 180.44 $638.71 10/7/2010 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 205.40 10/7/2010 91719 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 220.62 $50.00 1017/2010 SPARKLETTS EQ RENTAL-C/HALL 0014090 42130 10.75 1017/2010 91720 SPARKLETTS EQ RENTAL-C/HALL 0014090 42130 10.75 $127.08 10/7/2010 SPARKLETTS EQ RENTAL-C/HALL 0014090 42130 10.75 10/7/2010 1 91718 STANLEY CONVERGENT SECURITY SOLUTIO JSVCS EQ -DBC 0015333 42210 721.00 $721.00 1017/2010 1 91719 ISAMUEL SURTANDI IFACILITY REFUND-PANTERA 001 23002 50.00 $50.00 10/7/2010 1 91720 THE GAS COMPANY IGAS SVCS -NEW CITY HALL 0014093 42126 127.08 $127.08 Page 15 City of Diamond Bar - Check Register09/30/10 thru 10/13/10 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/7/2010 91721 TIME WARNER MODEM SVCS -HERITAGE 0015340 42126 1 116.01 $116.01 10/7/2010 91722 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 48.99 $48.99 10/7/2010 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 1 268.68 10/7/2010 1 91723 ITIME WARNER CABLE MEDIA SALES TM CABLE AD -JUN 2010 0014095 1 42115 1 1,063.00 $1,063.00 10/7/2010 1 91724 LESLIE TOSCANO FACILITY REFUND -DBC 1 001 1 23002 1 700.00 $700.00 10/7/2010 1 91725 JUNITED STATES POSTAL SERVICE POSTAGE -PERMIT 3339 1 0014095 1 42120 1 9,000-001 $9,000.00 10/7!2010 91726 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 30.08 $387.14 10/7/2010 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 1 268.68 10/7/2010 91729 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 88.38 $700.00 10/7/2010 91727 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUL 0015350 42140 1,266.27 $3,534.27 10/7/2010 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUL 10 0015350 42140 2,016.00 10/7/2010 91729 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUL 10 0015350 42140 252.00 $700.00 10/7/2010 1 91728 IWAXIE SANITARY SUPPLY SUPPLIES -DBC 1 .0015333 1 41200 1 1,167.85 $1,167.85 10/7/2010 91729 WEST COAST MEDIA AD-ECOEXPO OCT 0014095 1 42115 1 700.00 $700.00 10/7/2010 91730 WEI AN WU REFUND -EN 07-581 001 1 23012 1,503.55 $1,503.55 10/7/2010 91731 JALFRED YU REFUND -EN 06-510 001 1 23012 1 791.611 $791.61 9/30/2010 1 W/T144 UNION BANK OF CALIFORNIA, NA LEASE PAYMENT -DBC OCT 1 0014090 1 42140 1 27,059.82 $27,059.82 $1,326,110.36 Page 16 Agenda # 6.4 Meeting Date: October 19, 2010 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: APPROVE NOTICE OF COMP ETION FOR THE DIAMOND BAR BOULEVARD RAISED MEDIAN MODIFICATION PROJECT RECOMMENDATION: Approve FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Elite Companies US, Inc. on June 15, 2010 in an amount not to exceed $54,843.50 with a contingency amount of $5,500.00 for a total authorization amount of $60,343.50. The City authorized the Notice to Proceed for the construction project on August 11, 2010. Elite Companies US, Inc. has completed all work required as part of this project in accordance with the plans and specifications approved by the City. The Diamond Bar Boulevard Raised Median Modification Project realigned the median noses to improve the line of sight for vehicles making left turns from Diamond Bar Boulevard into the Post Office driveway and the Allegros condominiums just north of Montefino Avenue. The final construction cost of the project is $55,709.70 which is $4,633.80 under budget. One (1) contract change order was issued for additional miscellaneous material/equipment as warranted by field conditions. PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: October 7, 2010 REVI EWE Y: Davi G. L)ff, Director of Public Works Attachments: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERIC f . �, 1, ���. - lw Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. 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 21825 Copley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; (If other than fee, strike "In fee" and insert, for example, "purchaser under contract or purchase," 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 6. A work of improvement on the property hereinafter described was completed on October 4, 2010. The work done was: The Diamond Bar Boulevard Raised Median Modification Proiect allowed for realignment of the median noses to improve the line of sight for vehicles making left turns from Diamond Bar Boulevard into the Post Office driveway and the Allegros Condominiums lust north of Montefino Avenue. 7. The name of the contractor, if any, for such work of improvement was Elite Companies US, Inc. June 15, 2010 (IND contactor for work or improvement as a who)e, insert "none') (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: Proiect limits between Grand Avenue and Montefino Avenue along Diamond Bar Boulevard. 9. The street address of said property is Dated: Verification for Individual Owner (If no street address has been officially assigned, insert "none') CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ('resident or,, "Manager of," "A partner of "Owner of," ctc.) notice of completion; I have read said notice of completion and know the contests thereof; die same is true of my own knowledge. I declare under penalty of peduty that the foregoing is true and correct. Executed on 20 _, at Diamond Bar California. (Date of signature) (City where signed) (Personal signature of the individual who is seeming that the contents or the notice oicompletion are We) CITY COUNCIL Agenda #6.5 Meeting Date: October l9,2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man ' 14 4 qT14 RKA r TITLE: APPROVAL OF A CONTRACT WITH RKA CONSULTING GROUP TO PROVIDE BUILDING & SAFETY SERVICES THROUGH JUNE 30, 2011 AT A COST NOT TO EXCEED $210,000. RECOMMENDATION: Approve. FISCAL IMPACT: Unlike the City's previous service provider, RKA Consulting Group (RKA) bills at an hourly rate rather than under a revenue sharing agreement. However, despite the change in billing formula, the proposed contract extension will be capped at an amount not to exceed 60% of the remaining projected Building & Safety revenues for fiscal year 2010-11, or approximately $210,000. On September 27, 2010, at the City Manager's direction, RKA became the City's interim Building & Safety services provider. Due to the essential nature of Building & Safety services, it was not possible to delay the implementation of a new contractor to complete the bidding process without severely impacting the City's customers. To avoid service disruptions, the provisions contained in Section 3.24.060(e) of the City's Purchasing Ordinance were invoked, allowing the City Manager to secure the services of a qualified vendor without bids due to the critical need and associated time constraints. Furthermore, Section 3.24.070 of the Purchasing Ordinance provides that "proposals for all temporary professional and consultant services may be obtained pursuant to procedures determined by the City Manager". RKA is a respected firm with a proven history of professional grade plan check, inspection, and engineering services and detailed customer service, and the transition has been nearly seamless and without disruption to the City's customers or staff. Under interim contract terms, RKA will fully meet the City's contract staffing, plan check, and inspection requirements, as follows: Staffing: • Part -Time Building Official • Full -Time Building Inspector • Plan Check Professionals (as -needed) • Full -Time Permit Technician (interim until full-time City staff returns from leave) Plan Check Turn -Around Requirements: ® Single Family Residential: Five (5) Business Days ® Multi -Family Residential/Light Commercial: Ten (10) Business Days ® Other Complex Non -Residential Projects: Ten (10) Business Days ® Resubmitted Projects: Five (5) Business Days Inspection Turn -Around Requirements: ® Scheduled and completed within one day of request Staff is now beginning the process of securing bids for a long-term Building & Safety services provider, beginning with the distribution of a detailed Request for Proposals (RFP) to several qualified firms. In order to ensure continuity of service to the customer as the bidding, review, and selection process is conducted, staff recommends the Council extend RKA's interim contract through the end of the 2010- 11 fiscal year, or June 30, 2011. Upon the completion of the RFP review process, staff will bring a recommendation for a long-term service provider to the Council for review and approval. Ryan clean, Assistant to the City Manager CITY COUNCIL Agenda 9 6. 6 Meeting Date: October 19, 2010 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: RESOLUTION 2010-XX,ARESOL TION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 2010-33 BY MEMORIALIZING THE SUBSTITUTION OF CORRECTED PAGES AS AN ATTACHMENT TO SAID RESOLUTION RECOMMENDATION: Adopt. FISCAL IMPACT: None. BACKGROUND: At a noticed public hearing on September 21, 2010, the City Council adopted Resolution 2010-33, amending the City's user fee schedules. The new fee schedules were included as attachments to the staff report but due to a clerical error, two pages of the Planning Division's updated user fee schedules were inadvertently omitted from the attachment to the adopted resolution. The attached resolution memorializes the substitution of the correct Planning Division User Fee Schedule as an attachment to the adopted resolution. Prepared By: Rya roclean, Assistant to the City Manager RESOLUTION 2010 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CORRECTING A CLERICAL ERROR IN RESOLUTION NO. 2010-33 BY MEMORIALIZING THE SUBSTITUTION OF CORRECTED PAGES AS AN ATTACHMENT TO SAID RESOLUTION A. RECITALS WHEREAS, the City Council of the City of Diamond Bar established various schedules of rates, fees, and charges for municipal services in Resolution 2010-33 at a public hearing conducted on September 21, 2010; and WHEREAS, the public hearing was noticed per state law with correct data publicly available at the time of noticing and contained in the published staff report; and WHEREAS, Resolution 2010-33 contained a clerical error in which the incorrect Planning Division User Fee schedule for the Planning Division was attached. THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar as follows: SECTION 1. The pages containing the Planning Division User Fee Schedules contained in Exhibit A of this Resolution shall replace the pages for Planning Division User Fees attached to Resolution 2010-33. PASSED, APPROVED, AND ADOPTED this 19th day of October, 2010. Carol Herrera, Mayor 1, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution No. 2010 -XX was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 19th day of October, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar CITY OF DIAMOND BAR COMMUNITYANDMVELOPMENT PLA.NNING'DIVISION FEE SCHEDULE 2010-11. ACTION,', FEE Advance Planning= Annexation $4,392.00 Deposit Development (Zonis) Code Amendment $4,392.00 Deposit Development Agreement $3,294.00 Deposit General Plan Amendment $5,111.00 Deposit Specific Plan $4,392.00 Deposit Zone Change/Map Change/MapAmendment $4,392.00 Deposit Current Planning (Discretionary) Administrative Development Review $1,098.00 Deposit Adult Oriented Business/Entertainer Permit $2,110.59 Deposit Animal Permit $186.66 $768.60 No public hearing Deposit — With public hearing Comprehensive Sign Program $768.60 Deposit Conditional Use Permit $1,098.00 $2,000.00 Minor, Deposit Major, Deposit Development Review $2,196.00 Deposit Extension of Time $93.33 $768.60 No public hearing With public hearing Large Family Daycare Permit $1,550.00 $3,300.00 No public hearing With public hearing Miscellaneous/Special Studies Actual Cost of providing document plus City overhead Parcel Map Waiver $1,089.93 Deposit Parking Permit $466.65 $1,098.00 Deposit — No public hearing Deposit — With public hearing Revision after TTM or TPM is approved $2,196.00 Deposit Temporary Use Permit $186.66 $768.60 No public hearing Deposit - With public hearing Tentative Parcel Ma (TPM) $3,294.00 Deposit Tentative Tract Ma (TTM) $5,490.00 Deposit Tree Permit $466.65 $768.60 No public hearing Deposit - With public hearing Variance $466.65 $2,196.00 Minor, Project Major, Deposit Environmental California Department of Fish and Game $27.45 City processing fee Code Enforcement $75.00 County processing fee Simple Plot Plan Plot Plan $2,792.25 CDFG EIR review $186.66 $2,010.25 CDFG Neg. Dec. review Environmental Analysis Actual cost including all City staff and processing costs plus (i.e.,Environmental Impact Report (EIR) or Negative consultant costs including City overhead to be paid by applicant. Declaration preparation) Deposit to be determined by Community Development Direct Enviromnental Mitigation Monitoring Program Cost to be determined as part of the EIR or Negative Declaration $100.00 refundable deposit when sign is removed Mitigation Monitoring program to be included as a project $32.94 condition of approval. Includes Consultant, staff, etc. Ministerial Review Appeals $549.00 If more money is required to process an appeal, fee shall be determined by the Community Development Director Code Enforcement $93.33 $373.32 Simple Plot Plan Plot Plan Plot Plan Review $186.66 Project Preliminary Project Review $1,098.00 Deposit Sign Review $54.90 Project Temporary Sign Review $27.45 plus $100.00 refundable deposit when sign is removed Zoning Clearance $32.94 $186.66 Project Miscellaneous/Other Appeals $549.00 If more money is required to process an appeal, fee shall be determined by the Community Development Director CC&Rs Review $1,647.00 Initial Deposit; (Actual cost based on City's Attorney's fees for review) Certificate of Compliance $506.27 Concurrent filed applications One deposit shall be accepted (the largest deposit listed) and all applicants shall be processed as actual cost charged against the one deposit Copying $0.25 Per co (5 page or less = No charge) Film Permits $513.24 Project Interpretation $549.00 Deposit Pennanent Record Retention $1.00 Per sheet of plans collected at the time of submittal Projects for which there is no fee category Actual cost deposit to be determined by the Community Development Director Public Convenience & Necessity (ABC) $186.66 Project Quimby Fees (In -Lieu Park Fees) Fees determined during discretionary review for residential projects and are based upon an appraisal of the land Research Actual cost deposit to be detennined by the Community Development Director SEATAC Review Add 50% to the deposit for concurrent application CITY COUNCIL Agenda # 6.7 Meeting Date: 1011912010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manae '. �O TITLE: APPROVAL OF $2,720 APPROPtIATION OF PARK DEVELOPMENT FUNDS FOR SYCAMORE CANYON PARK TRAIL PHASE III PROJECT. RECOMMENDATION: Approve. FINANCIAL IMPACT: The appropriation of $2,720 from the Park Development fund will reduce the fund balance reserve to $30,899. BACKGROUND: The City of Diamond Bar was awarded a $136,000 grant from the Federal Land and Water Conservation Fund for the Sycamore Canyon Park Trail Phase III project. Rather than receiving the entire $136,000 grant amount, City Staff was recently notified that the State of California, who is the administrator of the grant, retained $8,813.99 of the funds. The result is that now the project is $2,720 short in funding the project's expenses. Therefore, staff is requesting a $2,720 appropriation from the Park Development Fund to fully fund this project. The State of California has a right to retain grant administration funds, but this is the first time that grant funds awarded to Diamond Bar have been retained for this purpose. DISCUSSION: The Park Development Fund balance reserve is $33,619. The appropriation of $2,720.00 from the Park Development Fund for the Sycamore Canyon Park Trail Phase III project will leave a fund balance of $30,899. Alison Meyers Community Services Coordinator CITY COUNCIL Agenda # 7. 1 Meeting Date: October ]9,2010 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: General Plan Amendment No. 2007-03, Zone Change No. 2007-04, Specific Plan No. 2007-01 ("Site D Specific Plan"), Tentative Tract Map No. 70687, and Environmental Impact Report 2007-02 (SCH No. 2008021014). PROJECT APPLICANT: Walnut Valley Unified School District and City of Diamond Bar LEAD AGENCY: City of Diamond Bar, Community Development Department PROJECT LOCATION: Site D is comprised of approximately 30.36 acres located at the southeast corner of Brea Canyon Road and Diamond Bar Boulevard (Los Angeles County Assessor's Parcel Numbers 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 and 8714-015-001). SUMMARY: On July 20, 2010, the City Council continued the public hearing for the Site D Specific Plan to the October 19, 2010 meeting at the request of the Walnut Valley Unified School District to allow for additional time to obtain input and feedback from the community. The District hired RJM Design Group, a firm specializing in public facilitation, to lead the community outreach effort. A half-day community workshop has been scheduled to take place on Saturday, October 16, 2010 from 8:30 a.m. to 12:30 p.m. The purpose of the workshop is to solicit public input, identify underlying concerns and site issues, and build consensus. Staff will provide a brief verbal recap of the workshop at the City Council meeting. GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 1 A detailed report on the community input from the presented at a special meeting of the Walnut Valley meeting on November 9, 2010. The report, along with to the Site D Specific Plan is tentatively scheduled fo Council meeting. workshop is scheduled to be Unified School District Board recommended changes (if any) r the November 16, 2010 City The project was continued to this date at the July 20, 2010 meeting. Although not legally required to renotice, on October 8, 2010, staff mailed a notice to all property owners within 1,000 feet of this property, including all speakers who testified at previous meetings. The June 15 and July 20, 2010 City Council staff report, attachments to the report, draft Specific Plan and Environmental Impact Report were also posted on the City's website, and hardcopies are available for review at City Hall and the Diamond Bar Branch of the Los Angeles County Library. RECOMMENDATION FOR THE OCTOBER 19, 2010 MEETING: Take public testimony, and continue the matter to November 16, 2010. Prepared by: Reviewed by: Grace S. Lee Greg Gubman, AICP Senior Planner Community Development Director Review David Doyle— Assistant City Manager GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 Agenda # 8.1 Meeting Date: October 19, 2010 CITY COUNCIL " ' I -':is- MA,0i.0/ AGENDA REPORT TO: Honorable Mayor and Members oj the City Council VIA: James DeStefano, City Man TITLE: INTRODUCE ORDINANCE NO. 2010-3XX, AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING IN ITS ENTIRETY CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATING SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND AWENDING THE DIAMOND BAR MUNICPAL CODE Approve first reading by title only and waive full reading of Ordinance NO. (2010), and set a second reading for November 2, 2010. FINANCIAL IMPACT: None. In 1990, the City Council adopted Ordinance 02 (1990) and established requirements and standards relating to garbage and refuse collection in the City. That same year, the City Council adopted Resolution 90-95A establishing a permit system for the collection and disposal of solid waste. Subsequently, three (3) amendments (1996, 1998, and 1999) to Ordinance 02 (1990) were approved by the City Council to control unregulated waste collection activities and to create incentives and requirements designed to allow the City to meet the AB 939 diversion mandate of 50% by year 2000. On August 15, 2000, the permit system for the collection and disposal of solid waste ended when the City Council awarded a ten. (10) year residential refuse and recycling franchise agreement with Waste Management (WM) and a ten (10) year commercial refuse and recycling franchise agreement with Valley Vista Services (VVS). On July 21, 2009, the City Council approved an eight (8) year contract with a one (1) year option with WM and VVS. The new franchise agreements became effective on August 16, 2010. Under the franchise system, Diamond Bar has maintained competitive refuse rates, a comprehensive city-wide refuse and recycling program, and a diversion rate that exceeds the 50% diversion mandated by AB 939. DISCUSSION: In order to bring the solid waste ordinance in line with the current franchise agreements, staff has worked in conjunction with the City Attorney to generate a modern solid waste ordinance. Additionally, over the past several months, we have met with and received comments from both WM and VVS concerning the draft ordinance. The proposed solid waste ordinance will enable the City to effectively enforce its standards and requirements under the franchise agreements and to address modern solid waste issues, such as collection of electronic waste, composting, recycling and construction and demolition hauling. Key provisions and requirements contained within the new ordinance are as follows: DIVISION 1: PURPOSE AND DEFINITIONS This section describes the purpose of regulating collection and disposal of solid waste and regulating recycling activities. Included in this section are terms and phrases that have been defined and found throughout the ordinance. DIVISION 2: FRANCHISES The City has operated under a franchise system since 2000. Yet, the City's existing solid waste ordinance reflects an outdated permit system that is no longer relevant. By adopting a new ordinance, the City is establishing a uniform standard that parallels the current franchise agreement. This will enable the City to more effectively enforce its standards and requirements for the collection and disposal of solid waste and recyclable materials. In addition, the proposed new ordinance will replace the outdated permit system provisions with the current franchise system. Additionally, the solid waste franchise agreements that began on August 16, 2010, include certain fees that will be collected by the City, including Franchise Fees, Street Sweeping Fees, Solid Waste Vehicle Impact/Road Maintenance Fees and AB 939 Fees. The proposed ordinance will include. provisions to address the new fees that will be collected. DIVISION 3: SOLID WASTE COLLECTION A. Senior/Disabled Discount: Like the current solid waste ordinance, the proposed ordinance requires the Collector to offer a reduction in collection rates to any senior citizen and any disabled customer of a residential premise. The reduction shall not be greater than thirty percent (30%) off the base monthly collection rate. B. Rate Adjustments: The Collector shall provide each Customer written notice of the implementation of changes in any of its rates and charges at least sixty (60) days in advance of the beginning of the billing period. C. Required Monthly and Annual Reports: The Collector shall provide the City separate monthly and annual tonnage and information reports. These reports are vital in making certain the City continues to meet its diversion goals as well as to ensure that the City is compensated (i.e. City Fees) per the Franchise Agreement. D. Collection in Emergencies: The City shall have the right, upon 24-hour prior written notice to a Collector and during an emergency, to issue limited permits to private persons, corporations or other Solid Waste Enterprises to perform any of the needed solid waste services. E. Mandatory Service: Each residential and commercial property owner and occupant in the City shall, at all times utilize the services of a Collector and pay the rates approved by the City Council for the regular and routine collection of solid waste from such premises. F. Collection Service Requirements: The Collector is required to prepare and implement a multilingual public education and information program, provide four (4) free curbside curbside collections of bulky items per year, offer upon request solid waste collection and recycling services to all public facilities (i.e. city hall, city parks, etc.), provide on -demand collection of illegally dumped bulky goods within one (1) business day of the City's request, and supply the City with eleven (11) containers (at no additional charge) to store all necessary supplies and equipment in the event of a disaster. Additionally, the Collector (at no additional charge) shall offer manual carryout collection services to any disabled occupant of a single-family unit who is not able to place his or her containers at the curb due to a physical disability. G. Diversion Requirement: A Collector shall not deposit at any landfill more solid waste than the percentage designated in the Franchise Agreement. DIVISION 4: LIMITED COLLECTION PERMITS Limited Collection Permits will be issued to other companies performing services not otherwise covered by the Franchise Agreements, such as electronic waste recyclers and construction and demolition haulers. This permit program provides the City with a mechanism to monitor and regulate all collectors entering the City. The permit holders will be required to provide proof of mandatory insurance and abide by the other operating standards set forth for the Franchisees. The permit will be valid for one year and will be in addition to any business license or permit otherwise required by law. 3 DIVISION 5: SOLID WASTE ACTIVITIES AND EXCLUSIONS, A. Self -Haulers: In instances where a resident/business may want to self -haul all of the solid waste generated on the premises, the resident/business has the option to apply for a self -hauler permit instead of utilizing a Franchisee to haul their waste. Self -haulers must deposit solid waste only at properly licensed waste disposal facilities and the City will require self -haulers to submit documentation of the type, quantity, volume, weight and destination of solid waste transported from the premises to the disposal facility. Additionally, the City will require self -haulers to haul waste from their property at a frequency comparable to the service provided by the Franchisee. Historically, there has been limited interest in obtaining a self -hauler permit. B. Gardener's Exclusion: A Franchise or Limited Collection Permit shall not be required for the occasional removal of green waste as a result of significant tree trimming, gardening or landscaping activities generating waste beyond that which can be placed in a container. C. Commercial Recycler: A recycling business may contract to collect source - separated recyclables that are donated or sold to that recycling business by a customer. DIVISION 6: CONSTRUCTION AND DEMOLITION WASTE A. Diversion. Every major construction, remodeling or demolition project over 1000 square feet is required to divert at least seventy five percent (75%), measured by weight, of all construction/demolition waste generated by these types of projects. The project applicant must post a deposit with the City that will be returned upon proof that at least 75% of the waste was diverted from the landfill and recycled. Monitoring the diversion of construction waste is an essential element meeting the City's state mandated diversion requirement. B. Construction/Demolition Hauling Permit: All construction/demotion haulers for any project, regardless of project size, must obtain a Limited Collection Permit before collecting and hauling construction waste from the project site. The City shall maintain a list of all permit holders and construction permitees shall only use a permitted hauler for removal of construction/demolition waste within the City. DIVISION 7: ENFORCEMENT The violation of any of the provisions set forth in the ordinance 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. A. Removal of unauthorized container in the public right of way: The City and Collectors may remove unauthorized collection containers located within the City's public right-of-way that have been placed by or belong to haulers that are 2 not authorized to collect solid waste in the City. Upon notification from City, or Collector's locating of an unauthorized placed container, Collector may begin the procedures set forth in Section 8.16.760 of the ordinance to remove unauthorized containers. The City may recover the costs associated with impounding and storage of the bin from the unauthorized hauler. The new ordinance will reflect the City's new residential and commercial franchise agreements, while also more effectively regulating the other aspects of the solid waste system in the City.. This will enable the City to effectively enforce its standards and requirements for the collection and disposal of solid waste and recyclable materials. The proposed ordinance contains many changes that will eliminate certain requirements which have been deemed obsolete and include enhancements that will significantly streamline the collection and disposal of solid waste activities in the City. PREPARED BY: Patrick Gallegos, Management Analyst Date Prepared: October 13, 2010 REVI ED B Davi . Liu, Director of Public Works Attachments: 1) Exhibit A— Solid Waste Ordinance NO. (2010) II) Exhibit B — Current Solid Waste Ordinance, "Chapter 8.16.Solid Waste, Recyclable and Compostable Materials Collection" '"ki 6:-t ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING IN ITS ENTIRETY CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATING SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: DIVISION 1. PURPOSE AND DEFINITIONS Section 8.16.010. Purpose. This Chapter is adopted in accordance with Article XI, §7 of the California Constitution and Public Resources Code § 40059 et seq., for the purpose. of regulating collection and disposal of Solid Waste and regulating recycling activities in order to protect the public health, safety, and well-being, control the spread of vectors, promote diversion and reduce the waste stream directed to landfills and limit sources of air pollution, noise and traffic within the City. Section 8.16.020. Definitions. The following words and phrases, for the purposes of this Chapter, are defined as follows: "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq., as may be amended from time to time. "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 with 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. "Bin" means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. "Brown Goods" means discarded electronic equipment with some circuitry such as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other similar items not containing cathode ray tubes (CRTs). "Bulky Items" means Solid Waste that cannot not typically be accommodated within the Solid Waste Container at the Premises including without limitation: furniture (including 1 chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items); unusually large amounts of yard debris and Green Waste and small pieces of wood; and clothing. Bulky Items do not include car bodies, Construction and Demolition Waste or items requiring more than two persons to remove, or as otherwise provided in a Franchise Agreement. Electronic waste may be collected as Bulky Items if provided for in a Franchise Agreement. "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi -automated truck with a capacity of no less than 32- and no greater than 101 - gallons. "City" means the City of Diamond Bar. "City Council" or "Council" means the City Council of the City of Diamond Bar. "City Manager" or "Manager" means the Diamond Bar City Manager or the designee of that individual. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City. "Collection Permittee" means the holder of a Limited Collection Permit issued under Division 4 of this Chapter. "Collector" means any Solid Waste Enterprise that has: (1) been issued a Franchise to provide Solid Waste Collection Services in the City; or (2) been issued a Limited Collection Permit to Collect waste under this Chapter. "Commercial Premises" or "Commercial Property" means all occupied real property in the City that contains any land use allowed in the commercial/industrial zoning districts as described in Section 22.10.020 of this Code and multi -family dwellings that require commercial Solid Waste containers (bins and roll -off boxes) to accommodate the waste generated on the Premises, but shall not include property occupied by governmental agencies unless such agency consents to its inclusion, and Residential Premises that require Solid Waste Collection Services using residential Solid Waste containers (carts). Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature shall be classified as Commercial Premises. "Construction/Demolition Hauler" means any person or entity that collects construction or demolition waste for disposal at a facility that accepts Construction and Demolition Waste for reuse or recycling pursuant to a Limited Collection Permit. issued under this Chapter. "Construction/Demolition Waste" means Solid Waste generated at the Premises that is directly related to construction, remodeling or demolition activities occurring thereon including without limitation, any material generally considered to be not water soluble and non -hazardous in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a Covered Construction Project. "Construction Permittee" means any person that applies for and receives a building, grading or demolition permit to undertake a Construction, Remodeling or Demolition Project covered within the City. "Construction, Remodeling or Demolition Project" means any alteration to a building, structure or landscaping that requires a building, grading or demolition permit in accordance with the Municipal Code. "Container" means any bin, Solid Waste container, vessel, can or other receptacle used for the temporary accumulation and collection of Solid Waste. "Covered Construction Project" or "Covered Project" means any Construction, Remodeling or Demolition Project that is not exempt pursuant to Section 8.16.620. and subject to the diversion and reporting requirements in Division 6 of this Chapter. "Customer" means persons, including both owners and occupiers, who receive Collection services from a Collector at Cominercial'or Residential Premises. "Disabled" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment as the word is defined in Title 28, Section 35.104 of the Code of Federal Regulations, as amended. "Disposal" means the ultimate disposition of Solid Waste Collected by a Collector at a landfill,.or Solid Waste disposal facility utilized for the ultimate disposition of Solid Waste or by any other manner authorized by law, where the waste is not recycled or reused. "Divert, Diverted and Diversion" means any combination of waste prevention, source reduction, recycling, reuse, composting and Transformation activities that reduces waste disposed at landfills, provided such activities are recognized by the California Department of Resources, Recovery and Recycling ("CalRecycle") as Diversion in its determination of the City's Diversion rate and compliance with AB 939. The amount of transformation tonnage that will be considered toward a Diversion requirement may be limited in a Franchise Agreement. "Diversion Requirements" means the obligations imposed by or upon the City pursuant to State law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a portion, of the Solid Waste stream generated within the City including, without limitation, State mandates to divert a specified percentage of the Solid Waste generated within the City's jurisdiction, found at Public Resources Code § 41780, as amended. "Electronic Waste (E -Waste)" means any discarded electronic product or device including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens and monitors. E -waste also includes Brown Goods and Universal Waste. For purposes of this Chapter, E -waste shall not be considered Solid Waste, but may be collected as a Bulky Item or through special Collections, if provided for in a Franchise Agreement. "Electronic Waste Recycler" means a Person authorized to recycle Electronic Waste as defined in Section 42463(1) of the Public Resources Code, as amended. "Franchise" means the right and privilege granted by the City to Collect,. Dispose, Recycle and Divert Solid Waste collected within the City. "Franchise Agreement" or "Agreement" means the Solid Waste Collection Agreement entered into between a Solid Waste Enterprise and the City, and approved by the City Council that sets forth all of the rights and obligations of the Franchise, consistent with this Chapter and state law. "Garbage" means all discarded putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials. "Green Waste" means any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green Waste includes plant debris, such as tree trimmings, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps,I flowers, plant stalks, wood and other fonns of vegetative matter (not more than four (4) inches in diameter or forty-eight (48) inches in length, unless a larger size is authorized under a Franchise Agreement). "Green Waste Processing Facility" means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting. "Gross Receipts" means any and all revenue received from Customer billings, and compensation in any form, of Collector or subsidiaries, parent companies or other Affiliates of Collector, for the Collection and transportation of Solid Waste in the City, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Gross Receipts does not include revenue from the sale of Recyclables. ki "Hazardous Waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code Section 40141, California Health and Safety Code §25501, §25501.1, § 25249.8 and §25281, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901, et seq.),' or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLN'), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the California legislature, the CalRecycle, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Substance" or "Hazardous Waste" shall be construed to have the broader, more encompassing definition. "Notice" means notice sent by first-class certified mail, facsimile or email delivery if agreed to by the parties under a Franchise Agreement. "Person" includes, without limitation, any individual, firm, co -partnership, general partnership, limited partnership, joint venture, association, entity, corporation or any other group or combination thereof acting as a unit. "Premises" means any land, or building in City where Solid Waste is generated or accumulated. "Public Works Director" or "Director" means.the Diamond Bar Public Works Director or the designee of that individual. "Recyclable Materials" or "Recyclables" means Solid Waste that has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Rubbish or Garbage in order to allow it to be processed for Recycling. "Recycling" means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Recycling includes the activities of an Electronic Waste Recycler and a Green Waste Processing Facility. "Residential Premises" or "Residential Property" means Premises upon which dwelling units exist, including, without limitation, single family dwellings, multi -family dwellings requiring residential Solid Waste containers (carts) to accommodate the waste generated on the Premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second units, and Group Homes on Residential Premises (as that 9 term is defined in Title 22 of this Code). Notwithstanding any provision to the contrary herein, in the Diamond Bar Municipal Code, or otherwise, for purposes of this Chapter, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case basis. "Roll -off Box" means Solid Waste Collection Containers of 10 cubic yards or larger. "Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as paper, polystyrene, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, Green Waste or Recyclable Materials. "Senior Citizen" means a person 60 years of age or older who is the head of household and receives Collection services at his or her personal residence. "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, Recyclable Materials, Green Waste, and Rubbish of every kind and character, but excluding Hazardous Waste and Electronic Waste. Solid Waste must be generated by and at the physical location where the Waste is Collected. "Solid Waste Collection Services" or "Collection Services" means the Collection, transportation, storage, transfer, Disposal, Diversion or processing of Solid Waste by a Collector. "Solid Waste Enterprise" means any person, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing Solid Waste Collection Services. "SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management document for the City prepared and updated pursuant to the California Public Resources Code. "State" means the State of California. "Tonnage Report" includes a tonnage form or a copy of such form prepared by a Collector or an officer or agent of a Collector. Tonnage reports shall also include necessary inforination to verify the report or supplied information. "Transportation" or "Transporting" means the process of moving Solid Waste or Recyclables through the City. 0 "Universal Waste" means those discarded wastes listed in Title 22, Section 66261.9 of the California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes, non -empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and batteries containing cadmium copper or mercury. "Waste Disposal Facility" or "Facility" means any landfill, transfer station, incinerator, land reclamation project, or other similar site or facility which is used or intended to be used for the transfer, consolidation, processing or disposal of Solid Waste. "Weight Tickets/Invoices" means receipts -provided by a waste disposal or recycling facility reflecting the net amount of Solid Waste disposed of by a Collector at a collection location. ]DIVISION 2. FRANCHISES Section 8.16.030. Franchise requirement (a) The City Council may authorize, by Franchise, a Solid Waste Enterprise to provide Solid Waste Collection Services for Customers at Residential and Commercial Premises. In the sole discretion of the City Council, the Collection Services may be authorized on an exclusive or nonexclusive basis, with or without competitive bidding, and may relate to any class or type of Solid Waste within all or any part of the territory of the City. (b) Except as otherwise provided for in this Chapter, no person shall collect and/or dispose of Solid Waste in the City without having first been awarded a Solid Waste Collection Franchise and entered into a Franchise Agreement with the City. All such Collectors shall comply with all of the requirements of this Chapter. The City retains the rights and power that it has under applicable laws and nothing in a Franchise Agreement may be construed to waive any of the City's governinental rights or police powers. Section 8.16.040. Franchise. (a)The nature, scope of services, party obligations and restrictions, term and duration of the Franchise shall be set forth in a Franchise Agreement entered into between a Collector and City, and the Agreement may also include any requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Franchise Agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare. (b) The City and Collector may mutually agree to extend the Franchise term on such terms and rates as the parties may agree. Nothing contained in this Chapter shall obligate the City to extend the term of any Franchise. Section 8.16.050. City's approval or denial. 0 (a) If the City Council finds that it is in the public interest to issue a Solid Waste Franchise, 'the City Council may approve a Franchise and the corresponding Agreement, and the applicant shall be entitled to exercise all of the Franchise rights provided for therein upon its written acceptance of the tenns and conditions in the Agreement. (b) No Solid Waste Enterprise shall be awarded a Franchise for the Collection of Solid Waste unless the Enterprise successfully demonstrates it has sufficient equipment available to meet the dates and times of regularly scheduled pick-ups without interruption due to equipment failure. This requirement shall be maintained throughout the term of any Franchise Agreement. The City may also require that Collection vehicles be liquefied natural gas (LNG), compressed natural gas (CNG) vehicles, or other available low -emission technology. - Section 8.16.060. Transfers. Except as otherwise set forth in a Franchise Agreement, any assignment or transfer of the Franchise without the City's prior written approval is ineffective, will make a Solid Waste Franchise subject to revocation and to any other remedies available under this Chapter, and will be considered to impair the City's assurance of due performance. The granting of approval for a transfer in one instance will not render unnecessary approval of any subsequent transfer. This restriction includes the sale of the Franchise, relinquishment of the Franchise or transfer of ownership of the Franchise or the conveyance of the Collector's stock to a new controlling interest. The City may, in its discretion, require a transfer fee, in an amount set forth in the Franchise Agreement. Section 8.16.070. Franchise terms. Any Franchise awarded pursuant to this Chapter shall be for an initial term of not more than ten (10) years, with the possibility of renewal at the option of the City Council. Section 8.16.080. Temporary collection services The City Manager may enter into a temporary agreement for Solid Waste Collection Services with a different Solid Waste. Enterprise during any period of time that: 1. A Franchise has been suspended under the provisions of this Chapter; 2. A Franchise has been terminated, until such time as a new Franchise with a different Solid Waste Enterprise can be negotiated and approved by the City Council; or 3. The Collector refuses or is unable to Collect Solid Waste, provided such arrangement is agreed to in the Franchise Agreement. Section 8.16.090. Fees (a) The City may in its discretion, and as set forth in a Franchise Agreement, collect from a Collector a Franchise fee for the privilege of operating a Solid Waste Collection Service within the City, and any other fee related to the Solid Waste Collection Services allowed under law, the Agreement or this Code. (b) A Franchise fee is not a payment in lieu of any tax, fee, or other assessment of general applicability. Section 8.16.100. Interim suspension. (a) The City Manager, without a hearing, may suspend a Franchise for not more than forty-five (45) calendar days, if the Manager finds that continued operation by a Collector will constitute an iminediate threat to the public health, safety or general welfare of the City, due to a default in the Franchise Agreement, or for inability to perform pursuant to the terms of the Franchise Agreement. The City Manager shall provide any required notice of a proposed suspension and an opportunity to cure a default as may be provided for in the Franchise Agreement, as applicable. If the Collector fails to cure or if time to cure is not required under the Agreement, the City Manager shall provide written notice of interim suspension to the Collector setting forth the grounds for the suspension. The interim suspension will go into effect immediately upon delivery of the written notice to a Collector. (b) A Collector may appeal the interim suspension to the City Council, provided a written appeal is submitted to Manager within five (5) calendar days after notice of interim suspension has been sent to the. Collector. Appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the Manager's ruling being appealed. (c) The interim suspension shall remain in effect during the processing of the appeal to the Council. (d) The City Council shall hold a hearing on the appeal. Notice of such healing shall be sent to a Collector not less than ten (10) calendar days prior to the hearing. The City Council may affirm the action of the Manager, refer the matter back to the Manager for further consideration, or overturn the decision of the City Manager, The Council may tenninate the interim suspension or extend the period of the interim, suspension and/or may initiate proceedings for revocation of the Franchise. The Council shall base its action upon the standards delineated in Subsection (a) above and Section 8.16.110 below. .Section 8.16.110. Franchise revocation or modification. (a) After a hearing, the City Council may revoke; modify the rights, obligations and conditions of a Franchise; or impose a penalty on the Collector in an amount provided for in the Franchise Agreement if a Collector has violated any provision of this Chapter, the Franchise Agreement or any other applicable law, ordinance, or regulation related to the Collection Services provided in the City. (b) It is unlawful for any person or Solid Waste Enterprise to operate under a Franchise that has been revoked or suspended. Section 8.16.120. Notice of hearing on revocation or modification hearing. 0 The City shall serve a written notice of the City Council Franchise revocation or modification hearing on a Collector not less than fifteen (15) calendar days prior to such hearing. Section 8.16.130. City Council decision. The City shall serve written notice to a Collector of the City Council's ruling and such notification shall be made within ten (10) calendar days of the hearing. The notice of ruling shall include, without limitation, the effective date of any revocation, modification or penalty. The decision of the City Council shall be final. Section 8.16.140. Cessation of operations. Upon revocation of a Franchise by the Council, a Collector shall cease operations in the City within the period of time determined by the Council but in no event shall the Collector operate for more than forty-five (45) calendar days after notice of revocation. DIVISION 3. SOLID WASTE COLLECTION _Section 8.16.150. Collector's liability insurance. (a) A Collector must obtain comprehensive general and automobile liability insurance acceptable to the City Attorney insuring a Collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the Collector's activities. The insurance shall be in an amount set forth in the Franchise Agreement, name the City of Diamond Bar and its officers, employees and agents as additional insureds, and state that it shall not be canceled or modified without first giving to City written notice as provided in the Franchise Agreement. Such insurance shall be primary and noncontributing with respect to any other insurance available to the City and will include a cross - liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a form approved by the City Attorney, shall be filed with the City Manager before the hauler is authorized to collect or otherwise transport Solid Waste under the Franchise. (b) Suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements of subsection (a) above shall be grounds for immediate suspension of the Franchise until new insurance is provided, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. Section 8.16.160. Worker's compensation insurance. A Collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all of its employees as required under state law and shall file and maintain a certificate with the Manager showing said insurance to be in full force and effect. Me Section 8.16.170. City to be free from liability. Every Francl-dse Agreement and Limited Collection Permit shall include an indemnification provision whereby the Franchisee or Permitee agrees to indemnify the City against liability from claims that arise out of the Solid Waste Collection Services. Section 8.16.180. Performance Iluarantees. (a) The City may require a Collector to file a surety bond, letter of credit, and/or a certificate of deposit prior to the effective date of the Franchise to guarantee the faithful compliance with this Chapter and the Franchise Agreement. Such bond, letter of credit or certificate shall remain in force during the life, of the Agreement land all renewals thereof. (b) In the event of suspension, cancellation, or termination of the bond, letter of credit or certificate by the issuer, the Franchise shall be immediately suspended until a new guarantee mechanism is provided to the satisfaction of the City Manager, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. Section 8.16.190. Office for inquiries and complaints. A Collector shall maintain an office at some fixed location and shall maintain a telephone line at the office, listed in the current telephone directory and online at the Collector's website, in the firm name by which it conducts business in the City, and shall, during the days and times provided for in the Franchise Agreement, have an employee or agent at said office to answer inquiries and receive complaints. In addition, inquiries and complaints may also be handled by email if provided for in the Franchise Agreement. Section 8.16.200. Permits and licenses. A Collector shall obtain all applicable permits and licenses required by any Federal, State or local agency. Section 8.16.210. Responsibility for damalles. (a) Any Collector, or Person providing Solid Waste Collection Services or operating 4D a -Solid Waste Enterprise in the City shall be responsible for damages caused as a result of its acts or omissions including, without limitation, injuries or death to any person or damage to public or private property. (b) Except as provided in the Franchise Agreement for normal wear and tear, a Collector shall be responsible, at the Collector's sole expense, for any physical damage to private or public property caused by the negligent or willful acts or omissions of Collector's employees, agents, volunteers, or other individuals providing the services set forth in the Franchise. Section 8.16.220. City inspection authority. To the extent required by law and as set forth in a Franchise Agreement, any Collector providing Collection Services or operating a Solid Waste Enterprise in the City shall keep and maintain books of account, income statements, tonriage reports, weight tickets, 11 Customer lists, billing records, maps, AB 939 compliance records, and Customer complaints and other like materials and documents of the *Collector which relate to the Collector's compliance with the provisions of this Chapter or relate in any way to business transactions conducted by the person in the City during the entire term, including renewals, of the Agreement and for a period of at least five years after said service was provided, or for any longer period, required by law or the Franchise Agreement. Any Collector shall make these records and documents available to the City upon request upon five (5) business days' written notice. Such records shall be made available to the City at the Collector's regular place of business, either within the Los Angeles County Limits or within twenty miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such records to Diamond Bar City Hall. Section 8.16.230. Collection rates. (a) A charge for the Collection of Solid Waste shall be imposed on each Customer to whom Collection Service is made available. The maximum rate and any adjustments thereto shall be agreed upon by the Collector and the City in the Agreement and in accordance with any applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to Collector from the Customer of the Premises to which the Collection Service is made available. (b) For Residential Premises, the maximum rate shall be developed in compliance with applicable state law, assuming a single standard container of 64 -gallon capacity. A different size container may be supplied upon Customer request, and a maximum monthly rate shall also be established that accounts for the size differential. (c) A Collector shall offer a reduction in Collection rates to any senior citizen and any disabled Customer of a Residential Premises who receives collection services at his or her personal residence. This discount is applicable to all services rendered by the Collector and the amount of the reduction shall be as specified in the Franchise Agreement. (d) Residential Customers who practice yard waste composting and grass cycling, or generate no yard wastes other than unacceptable yard debris not normally allowed in the yard waste container, can refuse a Green Waste container and may be eligible for a reduction in Collection rates, pending verification of the absence of acceptable yard waste in the refuse container. If a container for storing green waste is refused by a Customer, it shall be the duty of the Customer to assure that green wastes are actually recycled, composted, and/or grass cycled in a safe maimer either on the Premises or with a gardener or landscaper. The amount of the reduction shall be as specified in the Franchise Agreement. (e) At no time shall a Customer receive greater than thirty percent (3.0%) reduction off the base monthly collection rate. 12 (f) Customers shall file applications for reductions based on the criteria set forth in this Section, with the Diamond Bar Public Works Department and applications shall be accompanied with such supporting documentation as determined necessary by the Director of Public Works. A change of address terminates the special rate provided for in this Section, but a new application may be made and the reduced rate shall be allowed, if the requirements of this Section are satisfied. The City Manager may adopt rules and regulations deemed necessary to properly carry out the provisions of this Section. Section 8.16.240. Rate adjustments. A Collector shall provide each Customer, at least sixty (60) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges. All rate adjustments shall be made in accordance with the Agreement and any applicable provisions of state law or this Code. Section 8.16.250. Fees and other charges. (a) Except as otherwise provided by federal, state or local laws, this Chapter or other City Council authorized restrictions, all fees and charges applicable to this Chapter shall be established by City Council resolution. (b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the City may levy fees upon Collectors and Customers for planning and program development and administration regarding solid and household hazardous waste, recyclable materials and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of Hazardous Wastes. Such fees may include charges for the use of Waste Disposal Facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may collect such charges by such means as determined by City Council resolution or ordinance. (c) Pursuant to Public Resources Code § 41902, the City may directly assess any fees or may by Agreement, arrange for any fees upon the Customers to be collected by a Collector under this Chapter. Any applicable fee established pursuant to this Chapter shall be payable by the Collector to the City thirty (30) calendar days after the close of each quarter of the Collector's fiscal year, or such other times as may be set forth in the Franchise Agreement. The Collector shall pay or collect, as the case may be, an AB 939 Administrative Fee, as may be established in accordance with state law. Section 8.16.260. Billing and payment of collection rates, fees and charl4es. Billing and payment procedures are as follows: 13 (a) A Collector shall bill all Customers for all services rendered, whether regular or special services. The Collector 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, reductions and other special services covered under this Chapter. (b) The City may, at the City's sole option, collect fees for residential collection services through a parcel charge by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector. Should the City institute a parcel charge, the Collector shall be paid for each residential unit or Premises served according to a payment schedule as set forth by a separate resolution of the City Council. (c) Notwithstanding any other provision of this Chapter, the City Council, in its sole discretion, may collect delinquent fees owed pursuant to this Chapter by placement of the fees on the property tax rolls, pursuant to the provisions of this Section. The City Council, in its sole discretion, may collect delinquent fees pursuant to this Section from all property owners, or only from Residential Premises, and/or Commercial Premises. Should the City Council elect to apply the provisions of this Section, the following procedures shall be followed: 1. Any customer who, as of June first of any given year, is delinquent as to any charges or penalties due as of March thirty-first of that same year, shall be mailed written notification that the City Council will review all such delinquent accounts during a public hearing and determine whether to forward the delinquent accounts to the County Auditor on August first to be included as an additional assessment for the respective affected parcel on the county property tax rolls. At the time of such written notification, a penalty shall be added to the delinquent account to cover the administrative costs of such procedure. Any owner whose property is so affected shall have the right to appear before the Council when it deliberates on the matter. 2. The City Council shall consider the matter at a public hearing. 3. The C ' ouncil may also. consider at the hearing requests for waivers or adjustments of the delinquent charges or penalties. Requests for such waivers or adjustments shall be considered only if timely made, and if accompanied by sufficient information and documentation to permit the Director of Finance to make a determination of whether cause exists to justify a waiver or adjustment. The Council may determine that the fees or penalties owed by any property owner should be waived or adjusted, for any of the following reasons: (a) Property ownership change. (b) Vacant units not requiring service. (c) Demolition of units during a service quarter, LUA (d) Condemnation actions against the property. (e) Incorrect mailing address. (f) Incorrect ownership information. (h) Other similar conditions and reasons creating circumstances beyond the reasonable control of the property owner. 4. The County Auditor shall enter each assessment on the county tax roll for the parcel of land affected. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment fees. Section 8.16.270. Required monthly and annual reports. (a) A Collector shall provide the City separate monthly and annual tonnage and information reports in an amount, form and on dates set forth in the Franchise Agreement. (b) The Collector shall provide the City two (2) copies of all reports, or other material adversely affecting the Collector's status under this Chapter, including, but not limited to, reports submitted by the Collector to the Environmental Protection Agency, CalRecycle, or any other federal or state agency. Copies shall be submitted to City simultaneously with the Collector's filing of such matters with such agencies. (c) The Collector shall submit to the City copies of all notices of lawsuits, applications, notifications, communications and documents of any kind, submitted by the Collector 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 Collector's performance of services pursuant to this Chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the City to the extent permitted by law. (d) All reports and records required under this or any other section of this Code, the Agreement or state or federal law shall be furnished at the sole expense of the Collector. Section 8.16.280. Collection in emergencies. Except as otherwise provided in the Force Majeure provisions of a Franchise Agreement, in the event that the collection, transportation and/or disposal services of a Collector are 15 temporarily interrupted or discontinued due to riots, wars, civil disturbances, 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 Collector, for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste 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 Collector, during the period of such emergency, to issue limited pen -nits to private persons, corporations or other Solid Waste Enterprises to perform any of the services regulated by this Chapter. Section 8.16.290. Mandatory service. Except as otherwise provided in this Chapter: (a)All Solid Waste collected from Residential or Commercial Premises for a fee, service charge or other consideration, shall be collected by a Solid Waste Enterprise under the provisions of a Franchise awarded by the City Council. (b) No Person shall Collect any Solid Waste from any Commercial Premises or Residential Premises within the city, place a container, or other receptacle for Solid Waste at any premises within the City, or collect, transfer, or remove Solid Waste within the City, unless that person holds a Franchise or Limited Collection Pen -nit from the City for such Collection or container placement. Each day any person shall engage in these activities without holding a Franchise or Limited Collection Permit from the City for doing so shall constitute a separate offense. (c) Each Residential and Commercial Property owner and occupant in the City shall, at all times utilize the services of a Collector and pay the rates approved by the City Council for the regular and routine collection of Solid Waste from such Premises and shall, at all times comply with City policies and programs with regard to Solid Waste recovery, reduction and recycling. No Customer shall enter into an agreement for Solid Waste Collection Services with any Person or Solid Waste Enterprise except as otherwise provided in this Chapter. Regular and routine Solid Waste Collection services means the collection of everyday Solid Waste generated on the premises and does not include special collections governed under 8.16.550(f), permitted self -hauling, donation of recyclables, and Construction/Demolition Waste activities. Section 8.16.300. Holidays. If the day of Collection on any given route falls on a holiday observed by the City or Waste Disposal Facility to wl-dch waste or recyclables collected within the City are taken for disposal, the Collector shall provide Collection Service for such route on the next workday following such holiday and the Collection days for the remainder of that week shall all be postponed one Collection day, unless otherwise provided in the Agreement or this Chapter. The following holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract between a Collector and the labor union serving as the 16 exclusive representative of that Collector's employees, provided the holiday is established or recognized by resolution of the City Council or in an Agreement between the City and a Collector. Section 8.16.310. Collection service requirements A Franchised Collector shall provide the following specific services as described in subsections (a) through (i) 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 or in an Agreement. In the event that the City grants more than one Franchise, the following services may be allocated amongst all of the Collectors. (a) A Collector, at the Collector's sole expense, shall prepare and implement a multilingual public education and information program. 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), and explain the purpose and the manner of the City's Recycling and Green Waste services, composting, and disposal and recycling for Electronic Waste. (b) Collectors shall collect, transport and recycle as mulch all holiday trees that are placed at the curbside, from Residential Premises within the City during the period beginning on the first Monday following Christmas and ending on the third Monday in January, or such other period as may be agreed to in the Franchise Agreement. (c) A Collector at the Collector's sole expense shall provide, at a minimum, four (4) free curbside collections of Bulky Items per year to all Residential Premises, either on days of the month selected by the Director of Public Works, or on-call, as agreed to in the Franchise Agreement. The size and weight restrictions may be set forth in the Franchise Agreement, and if the agreement is silent, there shall be no such restrictions except that the Collector 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 (2) persons. Collector shall make a good faith effort to reuse or recycle bulky items and shall only dispose of these items if necessary. E -waste shall only be disposed of in appropriate facilities capable of handling the waste in a manner required by law. (d) A Collector, at the City's sole option, shall provide upon request Solid Waste collection and recycling services to all public facilities (i.e., city hall, city parks, etc.) at no charge to the City. (e) A Collector shall, at no additional charge, provide on -demand collection of illegally dumped bulky goods within one (1) business day of the City's request, unless a different time is set forth in the Franchise, Agreement. If the City issues 17 more than one Franchise, the Collectors may provide this service according to a rotational schedule established by the Director of Public Works. (f) A Collector shall, at no Additional charge, provide containers 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 size, location and number of containers shall be determined in the Franchise Agreement. (g) A Collector for Residential Premises shall provide, at a Customer's request and at no additional charge, manual carryout collection service to any disabled occupant of a single-family unit who is not able to place his or her containers at the curb due to a physical disability. (h) All Collectors shall provide Recyclable Materials collection services. These services shall be conducted as specified in the Franchise Agreement. A Collector shall report to the City and maintain disposal and diversion records. Nothing in this Chapter shall. limit the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials. (i) A Collector shall implement a Green Waste collection program for all Residential Premises, and Commercial Premises where landscaping or gardening activities are conducted. Green waste shall be placed for collection in the manner set forth in this Chapter and in an Agreement. Section 8.16.320. Frequency of collection. (a) A Collector shall collect and dispose of all Solid Waste placed for collection in compliance with this Chapter from each Customer at least once during each calendar week, or more frequently if required to handle the waste stream of the Premises. Routes of collection shall be so arranged that collection from any Premises will be made on the same days of each week. A Collector shall possess a sufficient number of vehicles including spares to maintain the collection schedule at all times. (b) A Collector shall submit to City its proposed collection schedule for the ensuing calendar year. The Franchise Agreement shall set forth the time and frequency for submitting the schedule. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefore (if any) so as to ensure that collection shall takes place once each week. Upon approval by the City Manager, Collector shall cause to be mailed a written notice to all Customers of such schedule not later than December 31 st of each year. In his or her discretion, the City Manager may mail out the annual notice to all Customers, at the expense of the Collector. Section 8.16.330. Hours of collection (a) No collection, or delivery or removal of containers, shall be made between the hours of 6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and M Sunday, except that if agreed to in a Franchise Agreement, Saturday collection may be permitted during Holiday weeks for Residential Premises, and as a regular Collection day for Commercial Premises. The Director of Public Works may require a Collector to change hours of operation if it is determined that the operations have a detrimental effect upon the peace and quiet of residential neighborhoods. (b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the City Council may by resolution regulate the routes, intervals, delivery points, and days for collection by Collectors operating within the City. (c) The City Manager may temporarily waive the requirements of this Section when necessitated by conditions beyond the control of the Collector. Section 8.16.340. Residential containers. At the Collector's own expense, a Collector shall provide each Residential Premises for which it is authorized to collect at least one container each for the collection of: (1) solid waste, (2) recyclables and (3) green waste, including grass clippings, leaves and other yard work debris, other than oversized branches or tree limbs. All containers shall be constructed of metal, hard rubber or plastic and have wheels and a tight fitting lid. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. Additional loads placed out for collection may be permitted to the extent such loads are authorized in the applicable Franchise Agreement. Section 8.16.350. Commercial containers. (a) A Collector shall provide Containers suitable to each Comimercial Premises for which it is authorized to collect solid waste. (b) All Containers shall be constructed of durable metal or plastic and have wheels and a tight fitting lid that shall be kept closed at all times. Containers shall not pen -lilt the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. The use of oil drums of 50 -gallon capacity or more is specifically prohibited. Section 8.16.360. Care of containers. Collector's agents and employees shall handle all Containers with care. Section 8.16.370. Employees of collector. All Collector's field employees shall wear name tags or uniforms to enable identification while providing service to the public. IN Section 8.16.380. 'Trespass. No person authorized to Collect Solid Waste shall enter on private property beyond the extent necessary to collect the Solid Waste properly placed for Collection. Section 8.16.390. Noise. A Collector shall conduct its operations as to create the least possible obstruction and inconvenience to public traffic, and disruption to the existing noise levels in the area within which collections are made. Section 8.16.400. Ownership. At such time as Solid Waste is placed for collection at the usual place of collection, the Solid Waste is the property of a Collector. Section 8.16.410. Collection vehicle identification. Except as otherwise provided in this Chapter, no Solid Waste Enterprise may operate any vehicle for the collection of Solid Waste in the City unless the owner of the vehicle is a Collector as that term is defined in Section 8.16.020. Section 8.16.420. Operation of equipment. A Collector shall operate all equipment in compliance with all Federal, State and local laws. Collection vehicles shall not be operated in a manner that results in undue interference with normal traffic flows or violation of any traffic laws. Collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on any street in the City. Section 8.16.430. Compliance with vehicle standards. Any vehicle used in the Collection of Solid Waste in the City shall, at all times, be maintained in accordance with all the standards set forth in the Franchise Agreement, this Code, or any other applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited. A Collector shall immediately remove any vehicle from collection service that fails, at any time, to conform to any of the standards recited in the Agreement or this Code and shall not use that vehicle until it is repaired or comes into compliance. Should the City Manager give notification at any time to a Collector that any of its vehicles are not in compliance with the standards of this Chapter or the Agreement, the vehicle shall be immediately removed from service in the City by the Collector. The vehicle shall not again be utilized in the City until the Collector successfully demonstrates to the Manager that the vehicle is in compliance with the requirements of the Agreement and this Code. A Collector shall maintain its regular collection schedule regardless of the repair of any vehicle. Section 8.16.440. Resource recovery. A Collector shall, at all times, comply with City policies and programs regarding Solid Waste recovery, reduction and recycling, including the City's Source Reduction and Recycling Element. Such policies and programs may be established by resolution of the City Council. Compliance with such policies and programs shall be a condition of any Franchise issued pursuant to this Chapter. Section 8.16.450. Diversion requirement. A Collector shall not deposit at any landfill more Solid Waste than the percentage designated in the Franchise Agreement. That percentage of Solid Waste shall be diverted from landfills through reduction, recycling and composting activities. Through implementation of the Franchise Agreement, a Collector shall assist the City in meeting its diversion obligations under Public Resources Code § 41780, as amended, to the greatest extent practicable. Activities deemed in contravention of that goal shall be a violation of this Section. DMSION 4. LIMITED COLLECTION PERMITS Section 816.460. Limited collection permit requirement. No person, other than a Franchisee, permitted self -hauler or Commercial Recycler, shall Collect Solid Waste in the City without having first been issued a Limited Collection Permit. Such permit shall be in addition to any business license or permit otherwise required by the City. The Director of Public Works is authorized to promulgate administrative policies and procedures for issuing such permits. Section 8.16.470 Permit requirement. Applications shall include, but not be limited to: a. Name of applicant. b. Business address, and addresses where all vehicles will be stored. c. A description of each vehicle and other equipment that the applicant owns or has under its control. d. A list of customers which the collector will service in the City. e. Proposed collection rates to be charged by the applicant. f. Detailed information regarding services offered to customers and a listing of customers currently receiving collection service. g. Any other information requested by the City Manager. Section 8.16.480 Permit fees. Each Collection Permittee shall pay a yearly fee in an amount determined by resolution of the City Council. 21 Section 8.16.490. Permit terms. Any pen -nit issued under this Chapter shall be for a term of not more than one year and shall expire December thirty-first of each year. Section 8.16.500. Transfer of permit. A permit issued under this Division shall not be transferred, delegated or assigned. No Permittee shall sell, assign, hypothecate, relinquish, surrender or transfer its interest in a permit to any person or collector or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the City Council. Section 8.16.510. Denial of permit. After review of the permit application, the City Manager, or designee, may deny the issuance of an annual collection permit based on information disclosed in the permit, application. Denial of an annual permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this Chapter, failure to supply required reports or previous violations of any provision of this Chapter. Upon denial, the City Manager shall provide the Collector written notification of the reasons therefore and shall include the effective date of such denial. Written notification of denial shall be delivered in person or certified first class mail to the Collector. Section 8.16.520. Revocation, suspension, appeal. The City Manager may revoke or suspend any permit pursuant to the provisions of Sections 8.16.100- 8.16.140, inclusive. The Collector may appeal the denial, revocation, or suspension of a permit pursuant the procedures set forth in Sections 8.16.100(b) through (d), inclusive. It is unlawful for any person to operate under a permit which has been revoked or suspended. Section 8.16.530 Prohibited acts. No Collection Permittee shall perform Solid Waste Collection Services otherwise provided for in a Solid Waste Franchise Agreement, No Permittee shall collect a fee for Recyclable Material Collection Services provided to Residential Premises. Section 8.16.540 Additional permitee obligations. A Collection Permittee shall also be subject to the following provisions of this Chapter 8.16: Sections 8.16.150 Collector's liability insurance, provided that the amount of insurance shall be determined by administrative policy promulgated by the Director; 8.16.160 Worker's compensation insurance; 8.16.170 City to be free from liability; 8.16.190 Office for inquiries and complaints; 8.16.200 Permits and licenses; 8.16.210 Responsibility for damages; 8.16.220 City inspection authority; 8.16.330 Flours of collection; 8.16.3 80 Trespass; 8.16.3 90 Noise; 8.16.400 Ownership; 8.16.410 Collection M Vehicle, identification; 8.16.420 Operation of equipment; 8.16.440 Resource recovery; and all other applicable provisions of this Municipal Code. Constiuction/Demolition Haulers must also comply with Division 6 of this Chapter. DIVISION 5. SOLID WASTE ACTIVITIES AND EXCLUSIONS Section 8.16.550. Placement of containers for collection. It shall be the duty of every Person having charge and control of any Residential or Commercial Premises to set out or place Containers for the Collection of Solid Waste, as follows: (a) Containers shall be placed at the curb in front of Residential Premises, or the alley in the rear of Residential Premises, 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. (b) No Person shall place, or cause to be placed any Container from a Commercial Premises on any public street, alley or thoroughfare or in any public place without first obtaining an encroachment permit from the City's Public Works Department for each day the Container is placed there. Any Container 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 shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare. (c) No Person shall place any Container of Solid Waste to be collected by the Collector, 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 Solid Waste on the particular route involved, earlier than sunset of the day preceding the day designated for Collection, and all Containers shall be removed from the place of Collection prior to 10:00 p.m. on the day the Containers have been emptied. (d) Should any Container not be emptied and the contents removed on the date and time scheduled by the Collector, Customer should immediately notify the Collector or the City, and it shall be the duty of the Collector to arrange for the Collection and Disposal of the Solid Waste. (e) Occasional loads of Solid Waste not susceptible to placement in a Container may be placed for Collection at the same place and time as the Container if securely tied in sturdy bags or bundles not heavier than seventy pounds, not more than four feet in length, nor more than eighteen inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and stacked neatly at the Customer's Collection point. No cardboard box, paper bag or oil drum may be used as a Container for Solid Waste. 23 (f) Solid Waste not susceptible to placement in a Container may, in the discretion of the Collector, be scheduled for special collection upon the application of the - Customer of the Premises. Special collection charges may be assessed by the Collector for this service with prior approval of above-mentioned Customer of the Premises and subject to any requirements set forth in a Franchise Agreement. (g) Except when placed out for Collection purposes, Containers. shall be kept and maintained only in storage locations permitted by Title 22 of this Code, as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, Container lids shall be kept closed at all times to avoid the propagation of flies or other vectors and to control odors and the potential for wind-blown litter. Section 8.16.560. Prohibited acts. It shall be unlawful for any Customer or Person to do the following: (a) For any Customer or Person owning, managing or having the control of any Premises or vacant lot within the City to permit an accumulation of Solid Waste to become or remain offensive, unsightly or unsafe to the public health or safety or hazardous from fire. (b) To deposit, keep or accumulate, or permit or cause any Solid Waste to be deposited, kept or accumulated, upon any property, lot or parcel of land, or any public or private place in the City except as provided in this Chapter. (c) To permit Solid Waste to accumulate, or to blow about in a manner that creates an unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the, immediate cleanup, of any waste released, spilled or dumped into the environment during removal or transport within the City by such person. (d) To dispose his or her Solid Waste into Containers at locations other than those that are located upon property which they own or occupy or where they work. (e).To engage in the following activities unless the individual is the property owner or occupant, person in charge of the day-to-day activities of the place or Premises or agents of the Collector authorized to collect from that Premises: 1. Remove or move any Container from the location where the Container was placed for storage or collection; 2. Remove any Solid Waste or Recyclable Material from any Container; 3. Apply any paint or markings (commonly known as "graffiti" or "tagging") to any Container without the prior written approval of the owner of the Container. 90 (O.To place Bulky Items adjacent to a street or public right-of-way without first having made arrangements with the City, a Collector, or other Person for the prompt pickup of the Bulky Items. (g).To bum Solid Waste within the City, except in an approved incinerator or transformation facility or other device for which a permit was issued and which complies with all applicable permit and other regulations of air pollution control authorities and provided any such act of burning in all respects complies with all other laws, rules and regulations. (h). To bury or dump any Solid Waste within the City. (i). To set out or cause to be set out for regular Solid Waste Collection by a Collector: 1. Any Solid Waste not generated on the Premises; or 2. Any Electronic Waste, Hazardous Waste, or any other form of waste that does not meet the definition of Solid Waste, provided that Electronic Waste may be collected as a Bulky Item if provided for in a Franchise Agreement. Section 8.16.570. Backyard residential composting. (a). Notwithstanding any other provision of this Chapter, residents are encouraged to compost Green Wastes, including grass clippings, leaves, plant trimmings, wood. ashes and vegetable kitchen scraps or manure (but not including other household garbage or animal waste). The following composting conditions must be met: 1. Compost piles or bins shall not be visible from the street or neighboring proper-ties; 2. The compost piles or bins shall not be located next to a stream or drainage course; 3. Compost piles and bins are maintained so that they do not generate an offensive odor or harbor rodents; 4. The compost is enclosed, screened or otherwise maintained to minimize insects and pests; and 5. The pile or Container shall not permit surface run-off or leachate to other property or to drainage courses, waterways or streams. (b). No composting shall be permitted at any location that is determined to be a fire hazard by the Los Angeles County Fire Department or any location that is determined by any other regulatory body to be a flueat to the public health, safety or welfare or if such activity violates any applicable local, state or federal law. Nk" Section 8.16.580. Self haulers (a) In lieu of utilizing the services of the Franchisee, Customers at Residential or Commercial Premises may choose instead to self -haul regular and routine Solid Waste generated or accumulated on Premises of which they are in charge after first obtaining a self -haul permit from the City pursuant to this Chapter. The Director of Public Works is authorized to promulgate administrative policies and procedures for issuing such permits. This Section does not apply to Construction/Demolition Waste. (b) Self -haulers must deposit Solid Waste only at a properly licensed Waste Disposal facilities including without limitation a landfill, recycling center, recyclable material purchasing center, compostable materials handling facility, transfer station, green material composting facility or other facility permitted to accept such material. Each self -hauler must report to the City, at a frequency and in a manner determined by the Director of Public Works, the type, quantity, volume, weight and destination of Solid Waste collected in the City and transported from the City, and present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the City is a basis for revocation of a "self - hauler" permit. Self -haulers must haul waste from the property at a frequency comparable to the service provided by the Collector. Failure to do so is a basis for revocation of a "self -haul" permit. Section 8.16.590. Gardener's exclusion. (a) A Franchise or Limited Collection Permit shall not be required for the occasional removal of Green Waste as a result of significant tree trimming, gardening or landscaping activities generating waste beyond that which can be placed in a Container. (b) City contractors conducting landscaping and tree trimming activities are not eligible for the Gardener's exclusion and shall divert all green waste from the landfill and dispose of the waste in a legitimate composting or alternative fuel facility or use the waste as cover material at a landfill. City contractors shall report such diversion activities to the City, as further specified in the services agreement. Section 8.16.600. Commercial recycler exclusion for source -separated recyclables. No provisions of this Chapter shall prevent a recycling business from contracting to collect source -separated recyclables that are donated or sold to that recycling business by a Customer. "Source -separated recyclables" within the meaning of this subsection means recyclables that have been separated from Solid Waste for the purpose of sale or donation, that have not been mixed with or contain more than incidental or minimal solid waste, and that do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. 26 DIVISION 6. CONSTRUCTION AND DEMOLITION WASTE Section 8.16.610. Construction or demolition waste. Every Covered Construction Project shall Divert ivert at least seventy five percent (75%), measured by weight, of all Construction/Demolition Waste generated by the Covered Construction Project. Construction Permittees working on exempt projects are encouraged to Divert as much Construction/Demolition Waste as practicable and to report the. Diversion back to the City. Section 8..16.620. Covered projects. (a) The Diversion and reporting requirements of this Division apply to Construction, Demolition or Remodel projects of 1000 square feet or more. (b) The Diversion and reporting requirements of this Section shall not apply to the following exempt projects: 1. Any Construction, Demolition or Remodel Project of less than 1000 square feet; and 2. Any Construction, Demolition or Remodel Project that does not require a building permit and does not generate Construction/Demolition Waste; and 3. Any project that requires emergency demolition i -I -I order to protect the public health or safety as determined by the Manager prior to the issuance of a demolition permit; and 4. City Public Works projects. Section 8.16.630. Construction/demolition hauling permit. (a) No Person or Solid Waste enterprise shall remove Construction/Demolition Waste within the City without first obtaining a Limited Collection Pen -nit under Division 4 of this Chapter. The City shall maintain ' a list of all permit holders and Construction Permitees shall only use a permitted Hauler for removal of Construction/Demolition Waste within the City. (b) In addition to the requirements in Section 8.16.470 above for Limited Collection Permits, an application for a Limited Collection Permit to Collect Construction/Demolition Waste shall also include the following information: 1. The type and amount of materials and waste material that the hauler is capable of transporting. 2. The number of vehicles that the enterprise utilizes and the types of containers the hauler uses to collect Construction/Demolition Waste. 3. The name, address and contact information for the Waste Disposal Facilities where the hauler will take diverted material and where the hauler will take waste. 4. Such other pertinent facts or information as the Director may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. 27 (c) In order to be legally qualified to obtain Limited Collection Permit to Collect Construction/Demolition Waste, the applicant shall: 1. Be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the pen -nit; and 2. Have demonstrated ability to remove and transport the required Constn ction/Demolition Waste to the appropriate Waste Disposal Facilities. Section 8.16.640. Deposit required for covered projects. As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, every Construction Permittee shall post a cash deposit, letter of credit or cashiers check in the amount of fifty dollars ($50.00) for each estimated ton of Construction/Demolition Waste, but not less than one thousand five hundred dollars ($1,500) and not to exceed five thousand dollars ($5,000). The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the Director, that no less than seventy five percent (75%) of Construction/Demolition Waste has been diverted. If a lesser percentage is diverted, a proportionate share of the deposit will be returned in accordance with a formula established by the City Manager. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Section. Section 8.16.650. Condition precedent to issuance of buildinlz or demolition permit. As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, the Construction 'Permittee shall submit to the Director of Public Works a properly completed "Recycling and Waste Reduction Application" on a form prescribed by the Manager. The application shall contain an estimate of the weight of Construction/Demolition Waste to be generated from the proposed Covered Project and identify the permitted Construction/Demolition Hauler for the project. The City shall not issue a building or demolition permit until the Director of Public Works accepts the Recycling and Waste Reduction Application as complete and accurate. Section 8.16.660. Revocation. (a) Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements of this Section will result in automatic revocation of the Limited Collection Permit. A hauler whose permit has been revoked shall not be eligible to reapply for a new permit for a period of three -years (3) from the date of revocation. (b) The Director may also revoke a permit for failure to meet the requirements in Sections 8.16.520 and 8.16.630. Section 8.16.670. Records. W. During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the Director that can be converted to tonnage. Section 8.16.680. Reporting. (a) Within thirty (30) calendar days following the completion of any Covered Construction Project, the Construction Pennittee shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the Director establishing compliance with the requirements of this Division. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Director, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the Director to verify the amount of Construction or Demolition Waste generated from the site that has been diverted. (b) If a project involves issuance of more than one permit, demolition, grading or building pen -nit, the report and documentation for the demolition and/or grading permits shall be submitted to and approved by the Director before issuance of a building permit. Section 8.16.690. MonitorinjZ responsibility of Director. The Director, or designee, shall monitor each Covered Construction Project for compliance with this Section. Section 8.16.700. Permitted waste. Only Construction and Demolition Waste shall be placed in Construction/Demolition Waste Containers. The Construction/Demolition Waste Hauler shall be responsible for ensuring that Solid Waste from non -construction activities is not placed on the Construction/Demolition Waste Containers. If non -construction Solid Waste is being generated at a construction site, a Solid Waste Container ' from the City's Franchised Hauler authorized to collect Solid Waste at the Premises shall be placed on the property and used for collection. Section 8.16.710 Implementing rel4ulations. The Director of Public Works shall have the authority to establish regulations for the implementation of this Section, and when duly established, such regulations shall be in full force and effect. DIVISION 7. ENFORCEMENT Section 8.16.720. Penalty for violation of chap 29 It shall be unlawful for any Person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any Person, 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. Section 8.16.730. Enforcement. (a) 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, prelirninar'y or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (b) In addition to the remedies set forth in this Chapter, violations of this Chapter or a Franchise Agreement may be enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the Collector operates. (c) The remedies provided by this Chapter are cumulative and in addition to any other criminal or civil remedies. �Section 8.16.740. City prosecutor and city attorney enforcement authority. * In addition to any other general flinctions, powers, and duties given to the City Attorney and City Prosecutor by this Code or California law, those individuals are authorized to: (a). Prosecute on behalf of the people all criminal cases and on behalf of the City all civil cases for violations of this Chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; and (b) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Chapter. Section 8.16.750. Civil action by authorized recycling aLyent. Nothing in this Chapter limits the right of any Collector to bring a civil action against any Person who violates California Public Resources Code §§ 41950-51, nor will a conviction for such violation exempt any person from a civil action. Section 8.16.760. Removal of unauthorized container in the public right of way. The City and Collectors may remove.unauthorized Collection Containers located within the City's public right-of-way that have been placed by or belong to haulers that are not authorized to collect Solid Waste in the City. The City may recover from the unauthorized hauler any costs associated with impounding and storing an unauthorized container. Upon notification from City, or Collector's locating of an unauthorized placed Container, Collector may begin the following procedure within twenty-four (24) hours: 1. Collector shall first place a notice on Container that: 30 a. Directs the unauthorized hauler or its Customer to remove the Container within twenty-four (24) hours of notice and if not removed, that the container will be impounded; b. Cites to this Section of the Municipal Code; c. Indicates where the impounded Container may be retrieved and the estimated impound and storage costs; and d. Warns that, should a second Container belonging to that company be found in the City in violation of this Section, that Container may be removed and impounded without wanting. 2. If the company can be identified and its address ascertained, City or Collector shall mail the notice as well. 3. Collector shall notify City of the notice and request written authorization to impound the Container. 4. With City written approval, Collector may impound the Container if it has not yet been removed by the illegal hauler. 5. For subsequent violations by the same company after the initial notice has been posted, the Collector has mailed a warning to the company if an address is ascertainable, and after having received written approval from City, Collector may remove company's Containers immediately, mailing a notice if address is known as to where the Container may be retrieved and impound and storage costs. If address is unknown, Collector shall place the notice as close as feasible to where the Container was located. SECTION 2: This Ordinance shall apply to all Franchise Agreements in effect on the effective date of this Ordinance. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. 31 �"..n.� . CHAPTER 8.18. SOLID WASTE, RECYCLABLE AND CC]MP{]STABLEMATERIALS *Editor's note: Ord. NO. 02(1998). §1. adopted Feb. 0. 1996. repealed Ord. No. 02A/1990A` adopted jU|y 5. 1994. which COnnphued this Ch. 8.10. and G 2 of Ord. No. 02(1990) enacted similar new provisions as herein set out. Fo[Dl8r|y, this chapter consisted of §§ 8.16.O1O-8.16.27Oand 8.18.41O-8.1O.45O. Cross references: Outdoor festivals, ch. 5.8O; emvin]DnleOt3l protection, ch. 8.12; abandoned o[inoperative vehicles, §1O.2O.O1O8toeq.; sewers and sewage disposal, 813,OO.O1Oetseq. State law references: Garbage and refuse disposal, Public Resources Code §48OOOetaeq.; authority to grant franchise, Public F<eSoU[Cee Code 8 49059. � DIVISION 1' GENERALLY Sec' 8.16.010' Legislative policy. The city council finds and determines that the atO[agS, acoUnnU|atioO. collection and disposal of refuse, t[ash, nJbbiSh, solid vVasto, debris and other discarded [nabeha| is e matter of great public oonoeDl, in that improper control of such matters creates a public Ouisanoe. VYh\oh may lead to air pollution, fire hazondS` illegal dUrnpiOg, insect breeding and rat infestation and other problems affecting the health, vVelf8na and safety of the residents of the city and surrounding cities. The city council further recognizes that recycling and waste reduction is of n8tioDo|, regioDo|, and local i[nportoOce, and that the adoption of uniform regulations for the Co||e[tiOO. disposal, recycling, and transportation of solid waste, recyclable and connpostab|e Oloter\8|o as provided in this chapter are designed tneliminate n[o||.eviatesuch problems. /Ord.No. O2(1S9O).§ 2. 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, UD|ees it is apparent from the context that o different meaning was intended: AB 939 nneoOS the state Integrated Waste Management Act of 1989 (Public Resources Code § 40050 e( s8q.), as it may be amended from time to ti[Oe, and as implemented by the regulations of the State integrated waste management board. AB 939 oo4nin/Strahvo fee means the foe 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 Art of 1989 (/\B 939). Any fee Or assessment imposed under this ohapte[, shall be those which the city council may from time totime hereafter approve byresolution. Animal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. Bins Dle8|\S those containers provided by the permittee for CO[OOleRja|, industrial, cOOot[UCtioD and DlU|Uf@Oli|y residential unit uses. Bins are usually two to six cubic yards in size, which are picked Up by F8fUSe tnUCka by Dl88OS of front loading 8ppa[8LUS. Bulky goods rDegOS discarded household fUODitU[8, furnishings or appliances, including white goods; automobile p8A3, including tires; rock or brick in reusable form; uo[p8tS; DlattF8as8S; large branches; trunks; StUnlpS or limbs Of trees in bundles not exceeding 18 inches in diameter or four feet in length and Other it8Dla the size or weight of which precludes or complicates their handling by normal coUe[t\oO, pnJoeGSiDg 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 bound 8�83OfthBn�«.tDgethe[VV�hBU8nl8Od0eDtS8DdohaDQeS thereto, which boundaries are shown bvmaps 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. COD7O1e[C/a/ 8O/id Yv88te3 OleaOS all types of solid VV8Stea generated by StO[8G^ offiC8S, governmental institutions and other CoOlrne[cioi SoUrc8S, excluding single-family residential solid waste. Commercial unit means any commercial business, industrial complex, certain multifamily UOitn. any DlObi|ehorOo p8rk, any hotel or motel, any OffioB building, or retail establishment which utilizes bins or other coO[8iDe[a. as defined in this chapter, for the collection of solid waste and [eCyc\8b|aS. COD7pootable O78bgriBls g/B8O vK8O/8 or yard N/aSh8 DleaDS |8BveS. grass C|ippinQS, b[USh, branches and other forms Of organic VV8Sta generated from landscapes or gardens, separated from other solid waste. [|oOlpOst8ble rD3t8rio|s dOBa not include StUDlpS or branches in bundles exceeding 18 inches in diameter or four feet in length. CDDabUCtiOO and de[DD/dk2n N/88t8 nOeoOs the VV8Ste building Olate[i8|G, packagiOg, p|eSt8[, drywall, cement and rubble resulting from construction, remodeling, repair and demolition Ope[3tiODS OD paV8rOeDtS, buildings and other at[UotUres, except asbestos -containing materials and reusable rock OFbrick. Council means the city council of the City of Diamond Bar. Disposal r08aDa the act of discarding [afU8e in 8 safe and |Sg8| manner in 8Ccn[daO0] with the provisions of Chapter 8 with no intent Of naoOVerV. R}uoe. FBpai[, or recycling on the part 0fthe generator. [}/Ve[a/0D means the act of diverting refuse or solid vvoSte from disposal for the purposes ofrecovery, repair, [nUae. or recycling. Garbage, n8h/oe or solid waste means pUt[eocib|e and OoDputrescib\e 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 onjiOoFy household garbage, refuse, [Ubbish, pepe[, esheS, industrial wastes, demolition and construction wastes, as well as, dead aDirna|a of |eaS than 50 pounds"in vVeight, every accU[nU|3tiOO of onirne| vvaate, vegetable or other matter which results from the processing, consumption, decay or decomposition of meats, fish fOVV'` birds, fruits, grains or other animal or vegetable matter normally resulting fromfrom domestic, institutional, commercial, industrial, ag[ioU|tU[o\, and other community activities, and other discarded ~est`~S as defined in Public Resources Code §495O3. but excluding certain � \ set and Solid vv8steSh8Unot include Sp8Cia\vV@�t��D�[n8te 8o ` � any hazardous wastes @s defined herein. Generator means any pereon, property owner teOoOt. occupant, business, ' t produces service, lessee or lessor, institution, or other aOU[o8 pro Uo refuse or solid Vvoate for disposal and/or diversion. H�ZO/dOVJ waste nOe8OSany waste materials or mixture of wastes defined as such pU[aUaDt to the Resource C0OSe[Vati0D and Recovery Act, 42 UGC 6901 et seq., or the Comprehensive EDVi[oO[nente\ 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 waste �Ste management boB[d, or either of then' Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid vvas�, e t �h term ''haza[dousVvaSte''shall be construed to have the b[oade[, more encompassing definition. d semisolid waste which results from industrial Industrial waste means o|| solid waste 8n eenOso processes and manufacturing operations. Multifamily Un/t8 means residential units Such as apartments, condominiums and tovVnhonOes, other than single-family dwellings, which utilize bins or other containers as defined in this chapter, for the collection of solid waste and [euyc|8b|eS. Municipal solid YV@Ote means all solid waste generated within the city which is designated for collection under this dh8pte[ occupant Oleona and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, u[has the care and control of, on 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 cO||oot [efuse, rubbish and other forms of ` `' solid waste; (2\ Transport to landfill or other licensed disposa\�fad|ities as determined by the ` ' permittee, unless otherwise specified by city; and (3\ Recycle from collected refUoo, co[npoeteb\es and recyclable materials, �solid ` ' vvaste, green vvaStm and r8cyc|ob|eS kept. generated 8Od/n[ accumulated within the city. Permittee means the individual, firnD, corporation, association, or group or combination acting as o unit that has been authorized by the city council to collect refuse within the city pursuant to this chapter. ,o . Public highway means any public stnaet, alley, nood, public place or highway, except state freeways, opento and used bythe travelling public and not used as e private right-of-way within the city. Recyclable material or recyclables means any material generated on or emanating from [ee\dSDtio\ or C0UlDlercia0OdUatri3! units which is OO |ODge[ useful or wanted and has the potential of being reused or processed into 8 form suitable for reuse through napnDcesa|Og or n8Ol8DUfeCtUDe. consistent with the PBqU|F8Ol8OtS of the state |OtBgFet8U Waste K08OagenneOI Act of 1989 (Public Resources Code §4OO5O Bteeq.). Such On8t8rio| may include, but is not limited to p8per. newsprint, printed nl8tte[, pasteboard, paper CoOt3iOe[3, cardboard, g|8S8. 8|UDlinU[D` PET and other p|8Stioa. beverage containers, CODlpO3tab|e Dlate[i8|S, Used motor oil and such other Dl8teho|s designated by the city [DaOog8[, or designated as [ecycieb|eS by the Sto18'a integrated VV8St8 nl8Oag8Dlent board, or other agency with 'U[isdiCtion, and which are collected by8permittee pursuant tothis chapter. Recycling container means a container Df8 size, design, and weight prescribed by the city council by resolution and delivered to residences covered by this chapter, for the temporary storage and collection ofreCyClob|BS. Refuse collector means any person or pB[GoOg. firm, D` Co��rtDe[ohip. joint V ntUFe . association or corporation engaged in the nO|lectiOn, transportation end/o[ disposal of solid Vvoet8 and/o[ recyclable materials. Residential solid N/aSt9 DleaOS all types of domestic garbage which originate from residential properties which UU|iZ8 one or more individual residential type solid VV8Ste coOt3iOo[o. iOdVd|Og any household hoZ8[dOUS VV8Ste which may be found to have been placed in the [8eidSOti2| solid VVoSt8 at[e8[D. RBSideDb8/ unit Ol88DS any structure occupying one or more parcels Of land which contain or have located thereon a single-family residence or in some situations a [nU|tifonli|y dwelling used for living purposes. Scavenging nOG@Os the UOCODtnD||ed and unauthorized [8[nOV3| Of any n3Cydab|8 nnateho|s, a' defined by Public ReSOU[c8S Code §§ 41950 and 41951, O[solid waste without 8 permit pursuant tothis chapter. Single-family residence or 3iDD/8-fa[n8v dwelling DleeOe o detached bUi|ding. OF each unit of 3 duplex or triplex, of permanent Cho[GCte[ placed in a permanent location, which utilizes one o[more individual residential type solid waste containers. Solid waste container means 8 container ofa size, deeiQn, and weight prescribed by the city coUOd| and utilized by single-family [GaideOCeo or certain rnU|tifonli|y units. The term solid waste container does not include 8bin used bya multifamily unit. Special waste means any solid waste listed in the state Code ofRegulations tit. 22. § 66740. or any waste which has been classified as 8 special vV8atD by the city COUOoi|, including, but not limited to. any material which because of its aoUnCe of generation, physioa|, oheOlioa|, or biological ch8r8Ct8hStiCS or unique disposal p[eCt|oeS, is specifically conditioned in the solid waste facilities permit for handling and/or disposal. Truck nle8DS any truck, traileF, oeOnit[8ile[, conveyance or vehicle used orintended to be used for the purpose ofcollecting refuse o[tOhaul o[transport refuse. 0rd.No. O2(1996).§ 2'2-6-96;Ord. No. 12M990.81.1O-5-90 Cross references: Definitions generally, § 1.00.070. Sec. 8.16.030. Unlawful collection. No person ahoU^ collect Ort�—OSpO� refuse o[ recyclable material within in the city UO|oas such pe[oOO is @ permittee, 8s defined in this chapter, or is 8X8not \n accordance with subsections (1) through (0) of this section. No person shall permit. allow Or enter into any agreement whatsoeverfor the collection o[transportation Of [ofUSe or recyclable material from a'y residential or cOOO8[Ci8l Unita with any person who is not 8permittee as herein defined id di subsections 8\ t�rough/ofthiSSeCt\oO eXcBpt�spa[rn � Oa ` ' ` ' . /1\ The cO\\8ctiVO and removal of grass olippiDgS, p[UDiDgS. ahrubbery. and similar` ' FO8t8[io\s b'� \OdiVidU@| residents and by individuals doing business as professional landscapers, tree trimmer O[other persons engaged in similar trade, when the Co|l8Ct\OO is directly related to their VVork, shall be exempt from the provisions Ofthis chapter. - (2\ A permittee shall not be required to collect hazardous waste o[other dangerous ` ' rnata[ia|S as part of its regular collection activity. Liquid and dry coust\cs, ocids, infectious, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances she|l, in addition to any requirements of state and federal |8VV, obtain opermit therefor pursuant tothe provisions nfthis chapter. (3\ Infectious rO8dio8l vV8at8, as defined in Health and Safety (�odeG25117.' . as ` ' amended from time to tiOn8, or any GUCceSoOr provision or provisions the[eto. Sh8\\ not be collected by 8 permittee as part of its regular collection activity. Anyone producing such wastes shall sto[e, handle and dispose of such materials only in the manner approved by the CnUOty health officer ordesignated deputy, and in accordance with the Health and Safety Code. Disposal of infectious medical VVoSte shall be conducted pursuant to a permit issued under this chapter inaddition tOany requirements imposed bystate law. (4\ No p[oYia\OD of this chapter Sha|l prevent the occupant of o residential unit or ` ' cDrn[neroi8| unit from Se||\Dg to a bUVer, for a OOOnota[V or other valuable consideration, any source separated [eoyC\ob\ea. including without \initation, any saleable scrap,dieoe[d, rB�ect, byp[oduct, ferrous or nonferrous metal, vvornoUt or defective p-�' junk, pallet, packaging material, paper or other similar item b residential or commercial unit, and no longer useful to generated in. on o[ y a [�s em value, vyh�th�[ such is � recyc|e[ �Unh the same, but having no [Oer�e�Ve . ., ' dealer, d i the business of buying and marketing such at8ri8\s in the stream ofOF other enterprise �ngog�n e commerce; prOVidad, however, that such buyer is materials i the business of collecting solid waste for 3 fee or other charge or not engaged O 8 -� onOSide[atioO, and that no such materials are transported for disposition to o landfill ortransfer station aSdefined iDPublic Resources Code 84O3OO. (5\ The collection and [eDloVa\ of recyclable material, including, but not limited to. ` ' |Unninunn and cardboard, that are separated either for reuse o[for the manufacture of new products shall g|ees. neV«sPoPe[a' � Oot be exempt fromthe provisions of this chapter; hovYeve[, such activities may be subject to the provisions of separate permit utthe discretion ofthe city council. /O) No provision of this chapter shall prevent the occupant of residential unit from ` ' collecting and disposing of occasional loads of solid waste generated in or on their residential premises; p[ovidod, hovVeVar, that the removal of refuse is at least as often as prescribed in section 816.150 of this chapter. (7) The destruction Or disposing of secret, CoDfideOti8|. or sensitive documents by Dle8De of shredding, |UOlpiDg. iOCiOa[8tng. Orother methods, iDC|Ud|Og the use of an authorized document destruction or disposal service shall be exempt from the pPDViSiODS of this chapter. (0) NO provision of this chapter Sh8U prevent a licensed contractor having o contact for the demolition or r8CoOstnUotiOD Of G bUi|diDg, st[UCtu[e, pavement, or concrete installation from marketing any s8|S8b|e items or construction and demolition vVao[e salvaged from such demolition or reconstruction, or from causing such salvageable itenlG or construction and demolition vVaStB to be removed and transported from the p[8noiSea on which such waste or salvageable items are g8ne[8ted, pursuant to the pnDViaiODo of the demolition or ooOStnJCt|on contract, subject to the following: 3. Such CoUeCtiDn, FeOl0V8l and disposal activity shall be only by the |iCeOS9d o]OtnactO[ having the COOtrBCt for the cOO8tnUctiOO or demolition work that generated such salvageable items or construction or demolition waSte, or by [BgUlBdy employed personnel carried DD the licensed contractor's payroll records as8Demployee; b. |f8 subcontractor ksto be engaged to FGOlOVB such salvageable items or construction and demolition waste, any permittee shall have the right of first refusal to provide such Ga[ViCeG. If any permittee cannot guarantee such services will be provided within a period of 24 hours,- at 8 Cost Of service not in excess of the licensed contractor's designated subcontractor, then the licensed contractor may utilize the services of the designated aUbCoOt[8:to[` so \OOg as the designated subcontractor has obtained e limited permit in accordance with the provisions of section 8.16.460. Sec. 8.16.040. Collection lnemergencies. /@\ In the event that the collection, transportation and/or disposal services of a permittee are teOOpO[8hl' interrupted or discontinued for any of the foUOvVDg reasons: riots, VVa[a. sabotage, civil disturbances, iOsUrFeCtiOOn. 8Xp\OsioO, 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 8 result thereof, FefVs8, co[Dpontab|8a and FBcycleb|Ss should eoCunlU|ate in the city to such an 8XLent, in such 8 nDoODe[, orfor such a time, that the city [DaDgg8[ should find that such 8ccUnlU|otiOD endangers or menaces the public hea|th, safety or Vve|fo[e, the city ahBU have the right, upon 24-hour prior written notice to 8 pe0nittee, during the period of such enOeFgeDcy, to issue limited permits to private persons or corporations to perform any of the services nsgU|8t8d by this chapter or temporarily take possession Of any or all equipment and facilities of 8 permittee previously used in the collection, transportation and disposal of refuse, ooOnpostab|ea and [ecyc|ab|ea under chapter, and to use such equipment and facilities to collect and t[anSportany o[all FefUoe.CorDpoatab|ea and nscydab|eavvhich m permittee would otherwise be obligated to collect and transport pu[aU8Dt to this chapter. A permittee agrees that in such event it will fully cooperate with city to effect such 8 transfer of possession for the city's use. /bl /\ permittee 8gF8eS that, in Such 8VeOt. the city nl8Vtake t80pOna[V pOSS8soioD of and ' ' Use all Of the 8qUipOl8Dt and facilities without paying a permittee any [8Dto| or other ChaFgB, provided that the city 8gF8BS that, in such eV8Dt, it aoaUOn8o complete responsibility for the proper and normal use of such equipment and facilities. The city agrees that it shall i[nrned\ot8|y relinquish possession Of all of the oboVe[n8Dtion8d property to @ permittee Upon receipt of written notice from a permittee to the effect that it isable tOresume its normal responsibilities under this chapter. /Ord. No. 02(1996). § 2. 2'6-86\ Sec. 8.16.050. Hours of collection. (o\ Collection f�/nl residential areas shall be nlade between the hnU[S of 6:30 a.m. and 6:30 ' ' p.m., onweekdays only. Collections from conl[nerCio| and industrial |oo8tiOOa may begin at O:OO o.0.; provided, however, that the pe[Dlitt8e'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 ConlDlaPCie| and industrial areas if it can be determined that the operations have @ detrimental effect Upon the peace and quiet of adjoining residential neighborhoods. (b\ In order to prevent p[ob|8nnS of traffic, Ooi8e, wear and tear to public highways, 6r other ` ' problems having the potential to adversely affect the he@\th. Sofetv, and the general quality of life of the oo[nDlUOitv, the city council may, by resolution, regulate the roUtas, iOto[ve|S, delivery poiOta, and days for collection by permittees operating within the city from time totime hereafter. /n\ The city council may vvo\Ve the requirements of this section when necessitated by conditions beyond the control ofthe permittee. (Ord. No. 02U996\. G2. 2-6'80) Sec. 8.16.060. Refuse collection; spillage. A permittee shall exercise all reasonable cans and diligence in collecting refuse and recyclable nnatohe| so as to prevent spilling, scattering ordropping. refuse, Fenyo|eb|oe, or other waste and shall immediately, otthe fiOneofoccurrence, clean Upany such spillage. (Ord. No. 02(1996). 8 2, 2-6-96\ Soc. 8.16.070. Residential refuse containers. ha) A permittee oh�. at a minimum, provide a 64 -gallon container or suitable alternative, as ` ' approved by the city rneOag8r, for the collection of refuse from single-family residences within the city. Any container provided by 8 perrnittee, pursuant to this section, shall be at e per[nittee's expense and shall meet the specifications for containers as set forth by resolution ofthe city council. (b) At the specific direction of the city manager, a permittee shall provide an automated standardized CoOt@iOB[ capable of storing OO less than 64 g8UODo of oCCeotab|8 CDrDnling|Bd FeCyo|8b|BS as defined by this chapter. It shall be the duty of every t8D@Ot. lessee or occupant of any residential unit to maintain the.cont@iners in a reasonably safe and secure manner. (c) A permittee Sh8U provide an 8UtO[Datad. standardized container capable of storing no |8So than 64 gallons Of 8cC8Ot8b|e yard VV8Gte including grass clippings, leaves and Otho[ yard work debhs, other than oversized branches or tree limbs. It shall be the duty Of every tenant, lessee or occupant of any residential unit to Dl8iOtBiD the containers in 8 reasonably safe and secure manner. (d) If 8 container for storing yard waste is refused by 8 customer for reason that yard wastes are grass cycled, uOF0posted. or otherwise diverted. it Sh@U 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 8CtU8Uy [ecyClBd, oonlpDStBd, and/or g[8SS cycled in esafe manner either onthe premises o[with ogardener O[landscaper. (e) No tenant, lessee, O[occupant shall use his or her own container, bag, box or other device for the purpose of setting out refuse or roCyd8b|eo at the curb for collection by a permittee. HoVVev8[, barrel -served cUstODleFo CaO opt to purchase their containers from opermittee, with asubsequent discounting ofthe monthly rate. (f) No tenant, |eSa8e. or occupant shall knowingly dispose of any nenyd8b|B material as defined bythis chapter, unless such material isnot collected byapermittee. (g) `Except when placed iOaccordance with section O.1O.090 hereof for collection purposes, refuse CODtaiDBrS shall be kept and DloiOtgiD8d only in storage |Oc@tiOOa permitted by the city zoning Vndin8OCe, as the same presently exists or as may be amended from time to time, or as specified by use permit O[other entitlement for use. In addition, the ' container lids Sh8U be kept closed at all 1irDeo to avoid the propagation of flies or other Vecto[a, ondto control odors and the potential for wind-blown litter. (Ord. No. 02(1996). G2. 2-6-96; Ord. No. 12M999\. 62.1O -5 -SB\ Sec. 8.16.080. Commercial refuse bins. (n] Apennittoe ah3U collect and [8OloVe all solid waste that has been p|ooSd in biOa, from all cOOODlerci8|. industrial, and multifamily units within, the city at least once every week, or more frequently if naqUi[Bd to handle the VVosie s\nee0 of the premises where the bins are located. Apermittee shall provide a bin suitable toeach connnnercia[ industrial and nnu|1if8rni|y unit for the collection of refuse. ' (h) Each such bin employed solely for the accumulation of commercial garbage ohoU be of durable metal o[plastic construction, watertight and Shall be equipped with edghtfitUDg metal or plastic cover. The use of oil drums of 50 -gallon capacity or more is specifically prohibited. /C\ No property ovvne[, nnanogm[. tenant, |esSee, o[occupant shall knowingly dispose of any Raoyo|8b|e rnotBha| as defined by this chapter in any refuse bin or other storage device, unless such material isnot collected by8permittee. (Ord. No. 02(1996), §2.2'O-96; (}Pd. No. 12/1999\. 83. 10-5-89\ Sec. 8.16.090. Placement ofcontainers for collection. It shall be the duty Of every person having charge and control of any residential or commercial unit to set out or place coDtoiOo[S or bins for the collection Of refuse, Pecyc|ab|80. ConlpOst@b\B Dlot8ho\S, nlisCBU8neOUs debris and combined rubbish and/or other solid waste, as follows: /1\ Any CODtBiD8[ used for the purpose Of reception and removal of refuse or recyclable -l8bi8 materials shall be placed at the curb in fn]O1 of -the residential unit, or the alley in the [8er of each residential unit; except where alleys having access to public highways at each end oXiot. collections shall be made from such alleys; pFovided, that this provision shall not apply to a b|ind alley or alley the width of which will not accommodate the vehicle used for collection. (2\ NO person shall place, o[cause to be placed, any refuse or recyclable material,` ' or bin used for the collection of refuse or recyclable materials from conn[Oencie| and DlU|tif8Dli|y UDits, on any public street or in any place or in any [OaOOe[ without first obtaining an encroachment po[nl\t from the Cihv'S engineering department for each day the container or bin is placed On m public street, aUey. Or thoroughfare. Any container or bin placed On the public StPeet, oU3y, or thoroughfare shall be properly barricaded against traffic, and all debris resulting from the location and use of the container OF bin shall be removed at the end of the day inwhich itwas placed inthe public street, alley Orthoroughfare. (Ord. No. 02/1990\. §2.2-6-9F) ^ Sec. 8'16'100' Time and date DfplaCe0neOtOfcontainers. No person shall place, or Couo8 to be D|8ned. any [BfUSe or recyclable material, or `-' container or bin 'Sed for the collection of refuse or recyclable rnoteha|a, in any public highway or in any place or in any manner other than hereinabove proVidmd, or at any time other than the days established by the city for the coUeo��n of such refuse or recyclable nnataho| on the particular route inVo|Ved, earlier than sunset of the day preceding the day designated for ooUeotiuO, and all containers and bins shall be nsnnoVed 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, han8Dt or kaaeBe Of 8 residential or commercial unit shall maintain the same in B sanitary condition. Should any container or bin not be emptied and the contents removed OOthe date and time scheduled bvthe permittee, they should immediately notify the permittee or the citv, and it ehoU be the duty of the permittee to forthwith arrange for the collection and disposal ofthe refuse. /o\ Refuae, recyoleb|es, cnnnpostab|eo, salvage and other special vvaate. 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 oVvOe[ 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 toany requirements set forth inthe permit. (d) No peroon, other than the owner thereof, the owner's agents or employees or an officer or employee of the citv. or a permittees 8QeDto or 8[Ookzveee authorized for such purposes shall tamper O[meddle with any container or bin used for the collection of refuse and [BCydableG, or the cUOtBOtS thereof, or Fe[DoV8 the CODtSOts of any CODt8iD8[ or bin, or remove any container O[bin from the location where the S8Dle Sh3U have been placed bythe owner thereof O[owner's agent. Sec. 8.16.110. Refuse removal. Pursuant to California Administrative Code title 14. chapter 17.331H. all refuse C[Bated, produced or accumulated in or about 8 residential unit Orcommercial unit in the city shall be [aDlOV8d at |H8St OOCe each week. No person who is the OCCUp@Dt Of any Of the above-described pF8OOiSea shall fail or neglect to provide for the [eDlOVa| of refuse at least as often 3Sprescribed iOthis section. (Ord. No. 02U996\. §2. 2-6-86A Sec. 8.16.120. Refuse disposal. /8\ Once refuse, oompostables and recycl8bles are placed in containers O[bins for collection from residential premises OYVDB[Ghip ah3U transfer directly to the permittee by operation oflaw (Public Resources Code §41H5O/c\).Subject tothe pnnnittee'Sduty to On8Et the SOU[C8 [8dUCtiDD and recycling goals which apply to the city, the permittee is hereby granted the right to [8t8iD. [eCyc}e, nOnOp0Gt. dispose of and otherwise use such [efU8e, ooDlpOSt8bl8S and [ecyC|8blBG. Or any part thereof, in any lawful fashion OF for any lawful purpose desired bythe permittee. (b) The permittee shall have the right to retain any benefit or profit [eaUUbDg from its right to retain. recycle, ConnpOSt or dispose ofO[use the refuse, m]Dlpootab|ee and [ecyd8bl8s which itcollects. AdOotime does the city obtain any right Ofownership o[possession of solid vV3at8. Co[Dpoateb|8a. OF reoydob|Ga placed for collection, and nothing in this chapter shall be CODot[uad as giving rise to any inference that the city has any such rights. The city and the permittee agree that, for purposes of the UDifO[Dl COnlDOe[ci8| {|OdO and all other laws imposing |iabi|ity for defective products, it. is the permittee, and not the city which is to be C0DSide[e� the "[DB[Ch8Dt" of goods recycled pursuant to this chapter. (o) The city, at its SO|e discretion, shall retain the right to direct which solid Vvesto disposal faoi|ity, transformation facility, transfer station, or material recovery facility shall be used by the permittee to retain, reoyn|8. CoDlpos[, p[uoeos, and dispose of solid waste and construction debris generated within the city, to the extent permitted by law. (Ord. No. 02(1996). G 2, 2-6-96\ Sec. 8.16.130. Special provisions regarding method ofdisposal. /8\ The neDlOv8| of wearing apparel, bedding or other [efUSo from residential units or other places Vvhons 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 no[ left for regular collection and disposal. `-) Highly flammable — —`SivB or radioactive refuse 8hoU not be D|Bn9d in oODt8n8rS or bins for [8gU\o[ collection and d|SpOo@i, but shall be removed under the supervision Of the city at the expense of the owner or possessor of the material. /c`\ Refuse o[Ot�8[sO\\� waste containing otS[or othSrliquids shall be drained before being o\8c8d in e container or bin. Matter which is eUN`ecttOdecomposition shaU be other �t�ha\ before being p|8o8d in o co�t�\O�[o[bin. /d\ NO hazardous material, as defined in this oh8Dte[, or any other dangerous substance ` ' capable of damaging 'clothing or causing i^»U' to the person shall be nixed or placed with any rubbish, solid waste or other refuseVhiCh is to be collected, removed or disposed of by a permittee. Such items Sh8|lbensnoVedottheoocUp8Ot'GoXpBnseOD|y after arrangements have been made with the permittee or city for such removal. /�\ Animal waste, as defined in this chapter, Sho\| not be placed in containers or bine for ` ' regular collection and disposal, but shall b8removed 8tthe occupant's expense. Ul /\ 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 @ permittee and the customer generating such special wastes. (g) A permittee, at the perOO\�ee's sole eXpeDs8, shall collect up to five quarts of ` ' uncontaminated waste motor oil per single-family residence per month. Waste motor oil d of VVeekaeusual refuse coUectioDine shall be placed at the nU[� on the same day o � resealable plastic container and be clearly identified as used and/or waste motor oil. A permittee ShshallCoUeClused motor oil in containers that have been placed at curbside at no additional charge toservice recipients. Apermittee shall exercise all reasonable care d diligence in collecting waste rOotoroil so as to prevent spillage and ah�. at the permittees' sole expense, clean Up any such spillage within four hours of notification by the city. (h\ �o property OvVner, manager, tenant` |eaaee, nroccupant ahoU knowingly dispose of any recyclable m , ` ' |ab| ' �t�h�|' �e defined by this chapter in any bin or other storage device, unless such material isnot collected bvapermittee. (i\ In addition to the requirement of subsection (g), a permittee shall collect orprovide for `' the collection for Up to 15 gallons or 125 pounds of select household hazardous waste /||H\80 per annum per household on a fee for service basis. The HHVV shall only include water-based osed paiOt, ca[ and household battohoa, and antifreeze. K]nj. No. 02(1896). G 2. 2-6-96; Ord, No. 12(1999). G4. 10-5'99\ Sec. 8.16.140' Burning, bUh8\ or dumping. (o\ It shall be un|av�U|for any person to p|ace, dapoa�o[durnp. or cause to be o|aosd. ` ' deposited or dumped any solid Vvaste, recyclable nnatuha|, hazardous waste or infectious waste of any kind whatsoever upon any private or public property vv\thin e distance n[ 1,000 feet from any public highway in the city, or within o distance of 500 feet from any residential or commercial un ai | it, or to cause or suffer or permit such solid waste, r8CYCab|8 [Doteh8|, orinfectious waste tO be placed, deposited or dumped upon any public or private property within a diStgDO8 of 1,000 feet of any public highway Or within @ distance Of 500 feet from any residential or Co[nnlaFoia| unit within the City, without first having obtained Q use permit pursuant to the zoning {aVVa of the oity. CDuOtv, and ntBte, or pursuant to any other zoning law that may be hereafter adopted in the place and stead of the zoning l8VVS of the city. The' provisions of this section oheU not apply to solid waste, F8cyC|@b!8 Olateh8|s. hazardous Vv@ate or infectious VV8Ste p|8Cod into @ CODtaiO8[ for pickup by 8 [8fUeB CDUeCtOr operating pursuant to o permit issued under this chapter. /b\ NO pe[SVD shall bU[O, bury or dump any refuse, [ecyC|ob|8 DlatBri8!` hazardous waste or infectious VV@Gte Within the city at any tinOe, without having first CDOlp|i8d with all FUl8S and regulations Ofthe city, the county, the South Coast Air Quality Management District, o[any other agency with jurisdiction. (Ord. No. 02U996\. @ 2. Sec. 8.16.150. Duration of storage. PU[SU8nt 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 (1) Refuse shall not be accumulated or stored for a period of time in excess of: a. Residential units: one week (seven d8ys);and b. Commercial units: one week (seven days). CD Recyclable nOot8ri8|G shall not be stored or 8CCurDUlat8d for a period of time in excess oftwo weeks (14d8yo). /3\ The above periods of time which end in any week in which @ holiday occurs are extended one additional day. (Ord. No. 02(1896). §2. 2-6-96\ Sec. 8.16.160. Use of trucks. Any persons who desire to operate privately nvVOed refuse, trash or recycling vehicles under provisions Of this chapter shall utilize V8hid8e that are registered with the state department of Onot0[ Veh|Cles, and are of 8 size. VVeight. DotUFe and type to be DliDirnaUy intrusive on the community with respect to noise, eOOisSiOOS. [D8OeuVerabilitv, safety, fuel 8ffiCiency, and other factors necessary to nOiDiOniZe the impacts of the permittees' services. The city nnaDaQar shall require the permittee to remove from service or repair those vehicles that a||ovv or permit offensive odors to escape and/o[ refuse to be b|ovvn, dropped or spilled therefrom. (Ord.- No. 02(1986). 52. 2-6-96\ Sec. 8.16.170. No parking of refuse trucks oOany public highway. /a\ No pe[eOO, b8tNxe8D the hours of 8:00 p.m. and 5:00 B.rn.. shall leave e refuse truck parked OOany public highway. _ /�A �O pBrSnD between the hours of 5:00 3.0. and 8:00 p.m., shall leave a refuse truck `-' parked OD ' OV public highway for more than one hour unless the city manager is notified that a breakdown or emergency exists. (Ord. No. 02(1996). §2. 2-8-96\ Sec. 8.16'180t 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 o[emergency. Each truck GhoU be equipped with a [DiDi[nunl of 20 -pound fire extinguisher that has been certified by the state fire DlanShai This fire extinguisher shall be recharged as needed, but not'less than once annually. Vehicles shall be equipped with a shovel and broom toclean upany spillage. (Ord. No. 02(1996). §2. Sec. 8.16.190. Same-SpeciflcatiDnSand restrictions. All trucks used for [efUSn` nacvcab|eS or cornpostab|o materials collection within the city shall berequired: (1\ TO be oo~,[Oo|8tek/ �OC|OsBd with a DOO8bSo[b8Dt cover while transporting refuse. ` ' [S c|8ble-` or o'Olpoetab|e materials or other waste materials in or through the c\"Completely �nc\naed with a nonabsorbent cover' means that refuse, trash, `�� t b! materials shall not b� visible from the public highvVay, [8�yc|ab\eo[co[npoa� e [no� . Dor shall any of the substances be permitted to |eak, opU| or become deposited along any public highway. (2\ 8U t[Uoke Used in the course of refuse or recyclable materials collection shall be ` ' uniformly pointed and identified bytruck numerals, o company logo, and |noo\ telephone number in letters and figures. On less than five inches high. All collection trucksshall display the seal ofthe city with the words, "Serving the City of Diamond Bar' in letters no less than eight inches high. /3) All trucks (l Umetal Sh��| b8 kept and iOgood repair at all times. Equipment bodies ` ' 8habeofeta\aOd'reasoOeb|yvYat8rUOhtsothotno[netoha|aahaU|eok.faUo[ be spilled. �4\ /U|�UnkoahoUbe[naintoinediDgood and safe mechanical condition. Vehicles ` ' must conform to the state's Vehicle Code and all other applicable |eVvo and are subject to inspection at any time by the city or the state highway patrol. /Ord. No. 02/1896\. §2. 2-6-96\ Sec. 8.16.200. Same --inspection. /�\ Each of any pnnn�tee's trucks shall pass o state highway patrol biannual inspection of ` ' terminals. Proof of inspection ehoU be made available at the discretion of the city manager at any point of operation. The permittee ah8U not use 8 mah\de that has failed topass avehicle inspection. (b\ A decal may be iaSUSd by the city for each truck complying with provisions of this ` ' chapter which shall beplaced OOthe truck iO8conspicuous place. (Ord. No. 02(1996), §2. Sec. 8.16.210. PerQ0ittee's local telephone number. Each permittee [DUSt maintain 8 local telephone OUrDbe[ which shall be staffed for personal contact between D:UO a.m. and 5:00 p.m. UO normal working days, and at all other times with some type of mechanism for the purpose of taking messages. (Ord. NO. 02M996\. G2. Sec. 8.16'220. Pey0Oittee`s employees. (o\ Each permittee must provide high quality service by iOdUatn/ at8Od8ndo and supply `-' conlp8teOt, qualified, identifiable and uniformed personnel who serve the residents of the city iD8courteous, helpful and impartial manner. /b\ The permittee shall be required to hire ���o�8eS without [8g8nj to [ace` ns|igiOO. co|O[. ` ' national 0hgiO, sex, political affi|iatiOO. or any other OOO[O8ritfoCtOr. - /C\ Any employee driving pe[O0i�8e'S refuse trucks Gh8|| at all times have in his or her ` ' possession 8valid and appropriate vehicle operator's license issued bythe state. (d\ The p8[O0|ttee'S employees shall be required t0Vve8rclean, identifiable uniforms when ' ' d in [�fua8 collection service the city. . Sec. 8.16.230. Charges for service. /@\ CD�8C�JDQh@q�3�/\ch8rg8for the C�ectoOofrefuse and [8cYC8NeashoUbeinnpoSed ` ' collection Of �oCh residential Or CoDlr0�n�8� UO� to which nefuae OD t�� owner o[ ouoUp8D . neCyCiob|8S. and yard VvaSto collection service is nlodS available. The monthly rate shall o determined by the pe[[Di�o�. but must b� structured to eliminate any pricing - t inequities, aUbnidjeS` and penalties among [atepaye[o, o add incentives for waste prevention. The charge so fixed shall be a civil debt due and owing to permittee from the ovVOB[ UF UocUpeDt of the residential or cOrODlenoia\ unit to which the cOUectioD service is made available. The city council hereby specifically finds and determines that the periodic collection of refuse., rubbish, and [oCyc|8b|ea from all residential and commercial units benefits all 0ooUp8Ota and residents of the city; provides for the h8e|th, eefetv, 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 oroccupant avails himself ofsuch collection service. /b) Rate adjustments. The permittee oho\| provide the city and the ovvneroroccupant of ` ' each residential or Co[nOnS[cia| Unit that receives collection services, at least OO doVe in advance of the beginning of 8 billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation bythe city. (c) The notice shall include a statement of the reasons for the rate increase. Billing and payment. Billing and payment procedures are as follows: (1) The permittee shall bill all customers for all services rendered, whether regular or special services. I 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), § 2, 2-6-96; Ord. No. 12(1999), § 5, 10-5-99) Sec. 8.16.240. Right of chapter modification. This chapter is intended to carry out the city's obligations to comply with the provisions of the state Integrated Waste 'Management Act of 1989 (Public Resources Code § 40500 et seq.), as it from time to tirne may be amended, and as implemented by regulations of the state integrated waste management board (regulations), as they from time to time may be amended. In the event that AB 939 or other state or federal laws or regulations enacted after this chapter has been enacted prevent or preclude compliance with one or more provisions of this chapter, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. The city specifically retains the right to repeal, amend, add to, or modify each and every provision of this chapter. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.250. Right to grant franchise. The city, subject to allapplicable state laws, specifically retains the right to grant a franchise or franchises for the collection of refuse, recyclable and compos,table 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 misdemeanor and, UpOD conviction thereof, SheU bepunished 8sprovided \Dsection 1.O4.O1O. (Ord. No. 02/1996\. § 2. See. 8'16'270. Civil remedies available. The Vio|o�onofonyOfUhep[VVSioOaCfthiSch8ote[ah8i\CoDst�Ute@DUis8DQs8DdDlay be abated by the city through civil p[oC8Se by n�8OS Of restraining order, preliminary or permanent injunction or iD any other [DaDO8[ provided by l8YV for the 8b8t8rneDt of such DUia8OCeS. - (Ord. NO. 02(1996). Q2. 2-6-96\ Secs. 8.10.280-8.16.400. Reserved. [}|\/IS\ON 2. PERMITS* *Cross references: Business licenses and regulations, tit. 5. Sec. 8'18.410. Authority of city council to issue. The state lBgis\8tU[8, by enactment Of the state Integrated WasteManagement Act of 1989 (Public Resources Code G 40050 et seq.\, has declaredPBd that it is within the public's interest to 8Vt�o�Z� and require�Oo8� Bg�OCi8S to make adequate pnDViSiOnS for solid waste handling within their jurisdictions. Public Resources Code Q4DO59. @Samended from time to time, or any SUCcBsSo[ provision or provisions thereto, authorizes the city to determine: - (1) All waste of �Shy h8Od\iOg which are of local COOCe[n, iOc\udiDg, but not ` ' limited to, frequency of collection, means of collection and transportation, level of Serv\oeS, charges and fees, and OBU[e.location, t and extent of providing solid waste handling services; and /2\ Whether the services are to be provided by means of OoDexc|UaiV8 franchise, oOOtFaCt. ||cens8, permit, or otherwise, either with or without competitive bidding. ^ The city council has now therefore dot8[0iOed, pursuant to Public Resources Code � ^ 4OO59/8\(1\ that the public's health, safety and well-being require that permits be granted to qualified solid --l'idvVoSt contractors for solid vVwell-beingostecoUection. recycling, composting and disposal | lconstruction and iOdUGt[i8i areas city. ,. (Ord. No. 02M986\. §2.2 -O -Q6\ Sec. 8.16.420. Permits for refuse collection and establishment Ofcollection fees. to bB �onn�d in the city in The collection and disposal of solid waste is a GeFV|ma pe _' 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 frorn residential and commercial units. Collection of material provided for herein may be made only in accordance with the terms and conditions of any such permit. Fees and charges for such collection, removal and disposal services shall be those which the council may from time to time hereafter approve by resolution. No .person shall engage in the business of collecting, removing or disposing of any solid waste, recyclable material, or compostable material, or other 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 reaulations, which have been adopted pursuant to this chapter. (Ord. No. 02(1996), § 2, 2-6-96; Ord. No. 01(1998), § 2, 2-3-98) Sec. 8.16.430. Permit for removal of refuse; prerequisites. (a) Procedure and required information. Any person or refuse collector desiring to obtain a permit to remove or convey any solid waste, recyclable or compostable material, hazardous waste or infectious waste upon or along any public highway within the city from any residential and/or commercial unit, shall sign and file an application in the form prescribed by the city and pay a permit application fee as may be established by resolution of the city council. To the extent permitted by law, the information submitted in the application shall be kept confidential. Each permit application shall be filed with the city manager or his designee and shall include, at a minimum, the following information: (1) . Name and description of the permittee. (2) Permanent business address and address of local office of the permittee. (3) Trade and firm name. (4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers . and their percentage or participation interest and their permanent addresses. (5) Facts indicating that the permittee has arrangd fr refuse disposal in an area where the same may be legally accepted and deispoosed of as directed by the city. (6) The type of solid waste, recyclable material, hazardous or infectious waste to be collected in each of the applicable areas: residential, commercial, multifamily 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. MCA Satisfactory evidence that peexperiencet8s/S oXp��O0s as @ going concern in ` -' residential and/or CoDlOOerci8\ [8fUSe Col|eCtiOO and disposal derives from comparableope[atiOOS Of Co��nB�|� Size to that contemplated by the permittee; details shall include length of Other CoDt[8CtS. 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 �DDd standing in the state and in the case of CO[pO ` ^ [8tiOD organized underthe|aVVa of any Other state, evidence that permittee is licensed todObusiness iDthe state. (12) /\ detailed inventory of the p8rmitte8'G equipment 8V8i\3bl8 for use in [8fUSe collection area. /13\ AVV��eO statement that permittee has complied with or is capable of complying ` ' with all regulation's imposed by the county and the state for the collection and d\epoe8\ of solid wastes. /14) Facts indicating that the applicant owns Or has under his Cont[o\, in good ` ' [noChoDiC8l condition, sufficient equipment to conduct the bUeiOeSa of refuse collection adequately if granted a pe[[Oit, and that the applicant OVVDs or has access to suitable facilities for maintaining his equipment in 8 C\BoO and sanitary condition. /1�\ 88tiSf8CtOrV evidence that the issuance Of a permit is in the public interest and ` ' oDOVeOieDc8 in that there is an 8V8ileb|B market for nsfUSe collection vVh\Ch can belegally served bVthe applicant. (18\ Such other pertinent facts or information as the city manager may require, ` ' including evidence Ofstate certification, ifappUceb|8' (17) Any of the provisions in conflict with certification n3qViF8OOenta \Dlpoe8d by state law shall not be required. (b) Permit fees. Permit fees shall be as follows: (1\ Pursuant to Public Resources Code § 41902, the city may directly assess a fee` ' or nnay, @gRy8eOt'permittee arrange for the fee to be collected by the permittee under this ' -' hv chapter. The Dlp8 shall pay or collect, as the case may be. an AB 939 —e Ba administrative fBe, as may be established bU hed by separate resolution of the city council and from time totime onOeDdad hereafter. Any fee established pursuant to this section shall be payable by the permittee to the city 30 days after the close ofeach quarter of. the permittees' fiscal year. /2\ The permittee shall r8rnitto city, for its reasonable costs of granting a permit, a ` ' DoOnafUDdBb|e application fee 'S determined by resolution of the city council and from time totime amended. (3\ The permitteeSh8|\ be required to remit to the city an 8ODUai 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, n[agreement previously granted bythe county orthe city. (c) Reports. Reports shall bBcompiled and submitted aafollows: �Ol�`te� �h2i| submit, in 8 form approved by the creport` gO 8OOUol report (1) |�8PoODwithidays oft8[ the close of each fiscal year. This report shall indUde, 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 iOC|Uding, but not limited to, services begun or discontinued during the reporting year, and the number Ofcustomers for each class Ofservice. b' Areport' in���G��cto�' ��city, oDthe city's progress |O sd meeting and maintaining d3 ability to meet �S goals under AB 838 as applied tothe permit area, along with any recommended changes. C. AreVeDUe statement, setting forth quarterly AB 839 administrative fees, and the basis for the calculation th8FeOf, certified for aoou[ooy by an officer ofthe permittee. d. Alist ofthe p80Oittee'sofficers and members ofits board ofdirectors. 8' 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 8 public corporation whose aDOU8| reports are publicly available. [2\ The.permittee shall SUbrO�. in a form approved by the c�v. a monthly program `�' repod.These reports shall h U be due within 20 working days fromthe end of the month. Atominimum, the reports shall include: o. Summaries of tonnage collected and disposed of by generator type, disposal facility used and disposal fees paid. b. Summaries Oftonnage Ofrecycled material collected bymaterial. C. Summaries Dftonnages ofnOnnaoyC|ab\esand coOtoOOiDantSdisposed. d. Summaries OnOO@heS oftonneges. Uo\Og on approved sampling methodology, of d |d or exchanged for ^O bV �achnO�toha|procesa� processed, material type. e Averamarket p�oeofor each material 5o|d, and processing charges or � acceptance fees for yo[dvVaeteo[other applicable materials. f. Participation rates for each route in terms of set out counts and average pounds collected per residential, multifamily, or commercial Units. [>mS��nhoO Of progress in rneB�Og the iOnp|on08nto�on schedule, y� ,- tdandhovVtheyvVe[ere�o|ved inc|udiOgthep[ob\onns�ncOu��[� . h. Summaries of the number of service complaints by route, including the dote. nature of complaint, and how it was resolved. �[[ni�e� (3\ The poh8U provide up to six reports of varying detail and format, as ` ' � ted b the city, to [DeetUnfor�a��ab|e\nforrneUon queries of specifically requeoo y '' Ot board, county integrated waste state integrated waste nnanagonno . ~v management task force, or other public agencies. �U The permittee shall p[OV�ethe city two copies of all reports, or other material` ' adversely affecting the pennitt8e'S status. under this chapter, including, but not limited to, reports submitted by the permittee to the EnviFoOODSDt8| Protection /\g8OCy. the state integrated waste management board or any other federal or Ste agency. Copies aho\| be submitted to City simultaneously with the peFDlitt8e'Sfiling Ofsuch matters with such agencies. /5\ The ��[nOitt8e shall submit to the City copies of all pleadings, applications, ` ' i t\ d documents Of �D� kind, submitted by the OOti�iC8ti0Os. communications @D o . permitteeto, as well as copies of all deCioiOOS. Correspondence and actions by, oOyf8de['|` state and |DuB| courts, regulatory agencies and other government bodies relating specifically to the pe[Olittee's pedb[Dl8Dce 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 Sho|| not be made available for public inspection. �0 The permittee shall 08iOt8iD all records relating to the services provided` ' hereunder, including, but not limited to, CUStoOle[ lists, billing [8oO[ds. nlops. 8B 939 compliance nsCondo. and CustOnlB[ CoOlp|8iOtG, for the full term of the permit, and an additional period of not \8Gs than three years, or any longer period required by law. The city shall have the right. upon five business days advance DotiCe, to inspect all Olapo, AB 938 compliance [eoOndS. CUotOOOer complaints, and other like Dl8te[io\S of the permittee which relate to the pe[Dl|tt8e's CO[Dp|i8nc8 with the provisions of this chapter. Such records oh8|| be made available to the City at the p8[DOitt8e'S regular place Of bUSineS8, but in no cV8Ot outside the county. (7) All reports andrecords [8q�[� d required under this or any other section oh8|} be furnished 8tthe sole expense 0fthe permittee. (d\ Bonding of permittee. Before granting 8 permit under the provisions of this chapter, the ` ' City shall require the permittee as a condition of the pe[Dl|t` to post with the city dorh e cash bond or surety bond payable tothe city in the eu[n of $50,000-00. Such bond shall be secured from o aUrety company satisfactory tothe 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 fU|| force and effect by the permittee throughout the life of the permit and all renewals thereof, (e) Indemnification hv� ' The permittee shall indemnify, defend with counsel approved by the city, protect and hold harmless the city, its elected officials, officers, 'e inte[�Stf[ODntv employees,a` agents, assigns and any suCceGao[O[sUcc8�Sons to the city's and against all c|8iFDS, actual damages (iDo|udiDg but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costG, response remediation and removal costs, |oSaeS, demands, debts, |ieDa. |iobi|ities, causes of act\oO, sUits, legal or administrative p[OCeedings, into[est, 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 pmid, iOnUrnad or suffered by, or osse�odagainst, the ci'''�oritaoMiCers.8[np|oyeea.ageDtsorpa[DOitteesahainQfnonno[ attributable to any napoi. cleanup or detoXiDcat^n, or preparation and implementation of any [eOOV8l' nyDediEd, response, dOoUFe or other o|8O (regardless Of whether Ot8\ Bc�DD\ CoOCe[OiDQ any haZ8n1oUS substance or UD�e[tB�eD due to gOVe[pnDe ' h8z8[doUSVVaate at any place where the permittee�iGtO[8S O[ SpOGeS of municipal solid VV@St8 pursuant to this oh8ot8[� The foregoing indemnity is intended to Op8[Gde as BO -' 1O7(B)oftheCo[OpneheOoiVeEDVin]n[DeOta\ReSpoDSe. 8g[��r�8Dt pU[SUoOt to section "(�`' CLA" 42 U8(� � �GO7/e\ and Health and Safety Compensation and Liability /\ot` �K ' ^ � `t' city |\@b�|\ty. ^ {)Ode § 25364. to inGUr8, protect, hold harmless and indemnifythe ' � ( ` Liability //3UraOC9. The permittee shall obtain and maintain in full force and effect throughout the entire tB[O of the permit, @ " broad form rDcO "Op[BhenS\VB general ru\ liability (oCCUr[aDce) policy with 8 DiD\DUOlimit of $5.OO0.000.00 aggregateand $1.ODO.OOO.00 Po[oCcUrr8,C8fo[bo�i\yi injury and property damage, with any self-insured retention not exceeding $200`000.00 per occurrence. The insurance shall be obtained from an insurer Bshall protect the permittee and the authorized h]dubusiness iOthe state. The inSUnBDQ city from any claim for damages for bodily '«Ury' including 8Ccjd8Dto\ death, as well as from any claim Tu[danag8e which may arise from operations performed ��reUeOt to this chapter, whether such op�[�nOne be bypermittee itself, or by its agents, employees O [ subpermittees. Copies of the policies o[endorsements evidencing the above required insurance CoV8rogeshall 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 OMjc\e\a` eOp\oyeeS, agents, and OMicB[S, are hereby added as insureds with respect toliability Bhoing out ofactivities performed by or on behalf ofthe 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 Oloy have. and aother insurance the city does possess shall' � beconsidered excess insurance aDO shaU not contribute with it. (3\ This insurance shall act for each insured, as though e separate policy had been ` ' vV�tten for each. This, hovvoVe[, will not act to increase the |irn\t of liability of the insuring company, (4\ Thirty days' prior written notice by certified mail, r�tU[D re�s\ot r8qU8stod. shall` ' be given to the city in the event of oUsponsion, coOcoUetioO. reduction in coverage or in limits or nonrenewal of this policy .for whatever reason. Such notice shall be sent tothe city clerk. (o\ k��rk��G rO[DpenS8b0D The permittee shall obtain and maintain in full force and effect`~' � full compensation insurance in accord throughout the entire term of the permit, . L bo[ Code Endorsements that with the provisions and requirements of the states ' i |ernent the required coverage shall be filed and o [na|OtB\Dewith the city clerko ' tO�P/x»UghOUt the term of this chapter. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, oaOce|ed, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, hos been given to city. The policy shall also be amended to waive all rights of subrogation against e 'i t th city, its elected or appointed officials, employees, agents or the permittee for \oaeea vvkc arise hse from work performed by the named insured for the city. COUOS8l approved by city, and indemnify the city, its officers, elected OffiCi8|S` BDl[loye8a and agents against all fines or penalties imposed by the state integrated VV8Ste [n8D8genleDt board in the event the SoUFoe reduction and recycling goals or any other requirement of AB 939 are not met by the city with respect to the peOnittee's proportional share Ofthe waste stream collected under this chapter. /\ OCe with �uc8/and state laws and nen»�/t�V73 The permittee must agree to ' `�' 'rD the terms of the permit in such 8 manner SO as to comply with all applicable local and state laws and regulations pertaining to the oOUectiOO. storage and transportation of solid waste. The permittee shall also comply with all other ordinances and FegU!8jOOe of the city and applicable laws and regulations of the COUOty and state, and shall obtain and keep in force all required permits and business licenses throughout 0\ Development of SRREp[DAram. The permittee Sh8U divert. by January 1, 1986. 8 ~' minimum of 25 percent of the pBrDitteo'e pFD[ata share of the city's waste stream as determined quarterly, and should the permit r8OOBiD 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, d8Vo\Op. and i0p|eOOent, at the city's di[BCtiOD` BOV pFog[8Dl that has been identified in the city's SOUrCB reduction and [8oyC|iOg 8\eDOeOt.(GRRE\` and iOCO[pD[8ted herein by reference, capable of achieving compliance with A' 939. The city Bgn8eS that it will CoOperBte, participate and consult with the permittee in the design, deV8\opDlGDt. and in0p|eOO8DtotioO of any city directed SRRE program. /k\ RBspODO'��v �for distress to city surfaces. The permittee shall be responsible for ` ' oO distress, other Othe[ thBD normal wear and be8[, to the city's driving surfaces (i.e., tFaSVGns8 cracking, alligator cracking, patching, rutting, 8tc.), whether or not poVod. resulting from the weight Of vehicles providing [GfUSe collection services at the location of bins and containers on public property. The city manager or his designee shall review each incident Ofasphalt distress separately with the permittee to verify the full extent of damage to the city's driving surfaces. Upon verification of damages, thepermittee, at tOeperDittee'S sole expense, oh8U [8pBi[ Or rep\8C8. in a manner acceptable to the city, all damaged surfaces. Sec. 8.16.440' Permit provisions. ,a, issuance ordenial. When oOapplication has been made tothe city for 8permit pursuant to this chapter o[such standards as may be from time tOtime adopted by resolution of the city council, it shall be the duty of the city Ol8D8go[ or his designee to consider the Ol8tte[. and he or she shall have the right to g[ant. condition ordeny the permit RaqU8ot. 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, indudiDg, but not limited to, the following: U\ The ability of the permittee' comply with standards and requirements` ' enumerated in this chapter orsuch other standards as may be established by resolution ofthe city council. in this chapter Or such other standards as may beestablished -' bv resolution of the city council. (3\ The ability of the permittee to comply with the provisions regarding insurance or ` ' bonds enumerated \Othis chapter O[such other standards osmay beestablished byresolution Ofthe city council. The �he @bility of the permittee to oOOper8t8. participate and consult with the city to ` ' implement programs 85 identified in the city's source reduction and recycling 8\8nOeOt(GF<F{E). Based on a preponderance of the evidence presented, the city council Sh8Urnoke appropriat e findings of fact before determining whether the permit should be conditioned or denied If, based Upon the [eC«nd' the uih' council determines that the performance ofthe permittee isnol of chapter or any Ol8to�8\ provision of any applicable in compliance with 8O� material terms � c ' f8der8l' state or local statute or [8gU\@tiOD. the C\tv ooUOcjL in the eX8[CiSe of its sole disc[ etion . may deny the permit request. The decision Ofthe city council shall befinal and conclusive. (b\ Assignment or transfer. No assignment or transfer Of o permit pursuant to this chapter ` ' or any right accruing under such permit shall be made in whole or in part by the without the express consent of the onUnc\|. In the event any assignment or permitteeiS8Utho�zedbytheCoUDCi\ the assignee shall 8esunlethe liability and all other transferns of the permittee. E�ch'��[r0\�ae oh8\| f\\�, on or before July 1 of each obligations ' c8|8nda[ year, with the city clerk, a statement Ofownership and verify the s8nle as being true and oO[Feot Under penalty of perjury. A permit issued under this chapter shallOOtQraOtthe permittee rights UDd8rPUbUCResources Code G 49520. where etthe time the permit is granted the permittee i� did not have a right to continue service under this section. (c) RBVOC@ti0nA permit may be revoked at the OotiOD of the council in the event there is a change of »mO8reh\p of any kind or nature of the operating company, Un\8sa approval obtained in Vvh�ng from the ooUOCi\. |f\tie determined by the city therefor h�S ���n manager that the permittee has no complied Ued vyith the provisions of this chapter, the permit, and all other applicable statutes, ordinances, rules and regu\otiona, the city manager aho|| notify thepermittee in writing of noOco O p|iaDce and shall order compliance within 30 days if noncompliance ia not corrected within the abOVe-p[8scribed 30 -day p8hou, the council, following @ public hearing Upon otleast ten days' written notice tothe permittee, may terminatethe permit. (Ord. No. 02M896\. §2. Sec. 8.16.450. Service provided; specific. d the following specific services asdesoibedin subsections /1\ A permittee shall provide e / through `30\ of this section. These services shall be in addition to any requirements, conditions, policies and procedures as may be established by resolution ofthe city council fronn time to time hereafter. (1) If the day of collection on any given route falls on a holiday observed by the d.tv or lawful disposal site to which refuse collected within the city is taken for disposal, or recycling facility to rooyc|ob|es are tuken, the permittee shall o|sP ' ' provide collection service for such route n the next workday following such a o holiday UO|eSS otherwise provided for in this dl8oba[ The following hoxU d8Vow� be observed: �J8VVYea�Memorial O8V. Labor Day, D8y, Thanksgiving Day, Independence Day, and Christmas Day. (2\ The permittee, at the pe[Dli�8e's sole expeDGe, shall prepare and implement a ` ' Dlulti|iOQU8\ public 8dUCstiDD and iDfUFnO8tiOD p[og[8nD Of DO 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 DliDiOnurD: familiarize residents, property OO8Deg8na. business OvVDero/DlaOagB[S. and designated iOotitVbOOa| [8p[nSeDtatiV8n with essential waste reduction and [8oyC|iOg OOC8ptS; eXp|o\D the benefits of recycling and composting /if applicable); explain the purpose and the OlaODo[ Of the city 82OCti8Ded recycling and composting p[Og[aOOS; emphasize the materials to be collected; show the COOV8DieDce of the Vvh0|B range Of activities in the City (both existing and proposed); and hDvV to Obf8iD further information. The city may supplement the program with DeVVS|ette[S and other [0eoOS of communicating with the public. The content of all written materials is subject to the [eVi8vV and approval ofthe city manager. /3\ The permittee, at the perDi�ee'S aD\e eXpeDSe, shall institute a voluntary ` ' backyard nODlpOs�Dg program by providing 100 composting bins per year. Bins shall be constructed from not less than 15 p8[C8Dt pogt-CODSUDl8[ recycled plastic and are of a SiZ8. VVeight, OatUns and type as approved by the city DOoD3ge[ as to be D1iniDlg||y intrusive OD the CoOlOOUDitv with respect to o861h8tiCS, vector cOOt[Ol` B@s8 of use and other factors necessary to [n\OiOnizS the inlp3CtS of this p[Og[8nO. Bins Sh8|| be [nod8 8Voi|8b\e On 8 first-come first-served `baSia to any single-family resident wishing to participate in this program. � The permittee, ��e����o����Ds8.�oUpn�de.��ec��r ` ' demonstration purposes, Uptofour composting bins ofasize, weight, OetUnesnd tvpetO be minimally intrusive OD the CoOO[nUO�with respect to aesthetics, vector 'OOtn]\. and ease of use. These bins Sh3U be delivered to public facilities (e.g., p8d<s\ designated by the city manager within two weeks after notification. In addition, the permittee shall 8aSiSt the city in developing a public outreach campaign by providing educational Olateri8|, as well as an individual, knowledgeable on composting/organic gardening or other related topics. to lecture i0Uptotwo composting demonstration events per year. /5\ The perDi�eeshoUcoUeot.tr8Dspo�and recycle eSnnU}oh all .O|idoytrees vvhich ` ' are placed at the CUFbaide, from all single-family residences within the city during the period beginning oOthe first Monday following Christmas and ending on the third Monday iOJanuary. (O\ The permittee, at the pemOi�ee's sole axpeOae, shall provide, at a minimum, fou[ ^ ' free curbside collections of bulky goods per year, on days of the month selected by the city Dl8Ooger, from all residential units and at designated locations withinrnUaDn multifamily units. There shall be no size or weight restrictions except that the permittee shall not be required to remove automobile bodies, OOat8ho|o brought in from other areas or any other \harns 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 foil . owed by the permittee: e. Reuse 8s\s(if energy efficienM. b. Disassemble for reuse O[recycling. C. Recycle. d. Disposal. The permittee shall use whatever equipment is necessary for collection providing that 8compaction mechanism iSnot used tocompact the bulky goods. /7\ The permittee, at the city's oOl8 option, shall provide upon request [8fU8e ` ' collection and recycling services to the following locations within the city, at no additional charge tOthe city O[the entities listed: a. All public facilities (i.e,city hall, city parks, etc);and b Any organization organized under the Model Nonprofit CorpOraton Act ' and designated — aseOeXennoted organization (i.e., YMCA) asdefin8dbv Internal Revenue Code Section 501 (c). (O\ The permittee shall, 8t nO a��additional dl8[ge` provide on -demand collection of ` ' i|\8go\\V dumped bU\~/goods within two calendar days of the city's request. The permittee shall provide this service @CooFdiDQ to 8 rotational schedule established bythe city manager. (�\ The p8[Oni�e8shaUexercise all reasonable care and dUigenceincoUeotinQ solid ` ' waste,and shall, at the p8[nD\�allee's sole expenae, clean out �over-flowing bins or waste enclosures within 24 hours of notification by the city. If the situation � |8 , the city the perDi�eennaycharge the dictates �D� with the approval o7 . property owner for the actual costs ofcleanup. (1O) The permittee shall, at no additional charge, provide at minimum one container ` ' of size design and 'vVemanager VVhichisaUdab|et0 ' store all necessary supplies aDdequipnl8ntthotnloybeOe8dedinthe event ofa ' 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 �\ |shareofreaidenUa|Unitaaadotornl\ned thepe[rp\tt�ebasodoOtheirP[opOon� f�his�hapt�randasr�vievv�d�nds�t bythe city [nenageronthe e�fect|Vedate o bythe city each year thereafter. /11\ The permittee shall, at o minimum, offer a 15 percent discount to any individual ` ' with a disability, as defined \Othe title \\\ regulation Codified at2BCFR part 35 (Federal Register Volume 5O.Number 144.July 2O.1991\. (12\ T�� permittee shall offer 8 15 percent senior discount to each e\nQ|e-fenOi|V ` ' i t a�1 forth \n section 8 1O 23O of this resident meeting the eligibility requirements � � 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 o' o single-family unit that is not able to place their containers at the curb due to physical disabilities, The permittee ahuU provide this service at no additional charge provided that eligibility for this service can be verified. UzU The permittee shall be [aGpOOSib|e. at the p8rDl�te�S SOlB eXpoOSe. for any ' � physical damage oaU3od by the negligent or willful 8CtS or o[0isSiOOn Of Bnnp\oyeBe. grantees or SVbg[oOt8eS of the permittee to private or public U5\ A permittee shall implement by January 1. 2000. for all single-family residential' � r8fUS8 accounts an automated refuse CoUedjDp system consisting of no |eeo than one standardized container with YVhBe\S and lid. The container ah8U contain @ [DiOiDlWOO of ten percent pOst-CODSUDlB[ CUDt8Dt p|@StiC. and Gh8|i be oV8i\ub\e in capacities ranging from 35 gallons to a OOoXi[0UDl Of 100 gallons. Additional refuse containers will be provided Upon request of the resident at a surcharge as described insubsection (1O). UO\ A permittee shall implement incentive -based rate stnJCtUna3 for both residential` ' and oonlOOencio| sectors byJanuary 1. 2000. based ODthe "pay 3Gyou throw" waste p[eVBDtiOD approach. For the residential single-family units (i.e., barrel -served UOitS\. 8 OlODth\y base rate DlUSt be deVeloped. subject to city DlaOBgeF 8ppFOVa|. assuming 8 GiDQ|8 standardized [2fUSe container of 64 gallons C8p3Citv. in 8ocOnd8OCe with section 8.16.230/8\. CO|le{tiOD charge. A different container (i.e.. 100 gB|\ODG or 35 ga\k]OS capacity) can be supplied upon request Of 8 resident at 8 rnOOth|y rate that shall incorporate a differential Of OU less than plus or DlinUS 20 percent, respectively, Of the OOoDth|V [ate for 8 64-g8l|OD container. At no time shall 3 resident receive greater than 30 percent dieoDUDt (including senior and disabled, discounts, and VVaSta reduction iOceDbV8a 0.e., yard vv8Ste reduction and P/\YT [8[e differential)) off the regular monthly rate for any size or combination of containers. A resident may [8qU8a[ additional [efUSo Cont8iO8[e Of any at8OdePd size. However, such containers would be subject to a surcharge to be determined by a permittee and 8ppn3Ve| of the city DloOag8F. but which Dl@y not be less than the aforementioned 2OpePCent'Stepincrease per container. For CornDlen:ia| units (i.e., bin -served units), 8 permittee shall develop an incentive -based [8te.ot[VctUna that is subject to city [Ogn8ge[ approval and that meets the [Bqui[8rDeD1s of section 8.16.230/a\. collection charge. (17\ Upon the direction Of the city manager, a permittee shall implement an ` ' automated curbside nsCydiDg pFog[oFO consisting of at least a 64-geUnn container with vVhooiS and lid. Additional F8oyC|iOg containers will be provided if needed OO8complimentary basis upon request ofthe. resident. M8\ /\ 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 p[@ctiQeyard waste composting and grass cydiDg, and goDo[ote no yard wastes other than unacceptable yard debris not normally allowed in the yard waste oonLoine[, can nyfUs8 o yard waste container. The customer shall be eligible forno less than ateO percent reduction inthe base monthly [efUao fee, pending verification of the absence of acceptable yard waste in the refuse container and confirmation that the resident has participated in e city -sponsored home composting seminar. (19\ A permittee must provide cost -competitive multifamily residential unit recycling` ' systems to any oVVO8r/[n8n@gerof multifamily residential customer complexes. Such systems [eqU\[8 the approval of the C\tv manager. /2O) A permittee [OUSt provide cost -competitive commercial sector recycling and ` ' waste�Ste p[eV8nt\OO systems to any owner/manager/operator Of @ commercial, industrial, 8O -/o[ institutional source of waste. Such systems require the approval of the city manager. Sec. 8.16.460. Limited permits. /o\ PuorO3� A limited permit may b� iaoU8d pUraUard to this section to persons and/or ` ' Purpose. ti d ooOGt[UotiOn demolition (C@O)vV8ate enterphS8S8ngagiOQiOnacyc|\ng.cOOnpO�nn�. and ` , handling under contract with a property owner in the city and who are not engaged in the regular collection of refuse in the city. (b\ Limited permit required. No p8[SoO Or enterprise shall conduct recycling, composting` ' and C/kD vVBsta activities within the city without first obtaining a limited permit. (C\ App�n8�DV limited An application for a limited permit shall be filed with the ` ' d ho|| include, at a nninirOUnl the following information and be city manager BO a |i ti as acCo[np�niodbyaOopp application fee �� u /1\ Name, address, telephone number ofthe applicant. (3) The type ofrecyclable material O[waste material tObetransported. /3\ Satisfactory evidence that the applicant is licensed to handle such materials. (4\ Documentation ofcurrent coOnpneheOsivn general liability insurance (occurrence) ` ' with a nniDi[nunl limit of $1.00O.000.00 per occurrence for bodily injury and prmpertydo[nage. (5\ Such other pertinent facts or information as the city manager may require ` ' including but not limited to evidence of state oo[tihoBtioO, evidence of previous eXpeheOce, and demonstration of reliable and safe equipment. Issuance �V@�C� Ofpe�n�S The city manager may \aau� a limited permit subject to such ` ' conditions as are necessary 'to protect the pUb|\o health, safety and welfare and to assure that the permit is exercised for its circumscribed purposes. Applicants must as a nniDinnuOn meet applicable provisions.as determined by the city nnanegm[ (Ord. No. 01 (1998), §4. 2-3-9EA ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING IN ITS ENTMETY CHAPTER 8.16 OF TITLE 8 OF THE DIAMOND BAR MUNICIPAL CODE REGULATING SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Chapter 8.16 of Title 8 of the Diamond Bar Municipal Code'is amended in its entirety to read as follows: DIVISION 1. PURPOSE AND DEFINITIONS Section 8.16.010. Purpose. This Chapter is adopted in accordance with Article XI, §7 of the California Constitution and Public Resources Code § 40059 et seq., for the pul-pose of regulating collection and disposal of Solid Waste and regulating recycling activities in order to protect the public health, safety, and well-being, control the spread of vectors, promote diversion and reduce the waste stream directed to landfills and limit sources of air pollution, noise and traffic within the City. Section 8.16.020. Definitions. The following words and phrases, for the purposes of this Chapter, are defined as follows: "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, Public Resources Code Sections 40000, et seq., as may be amended from time to time. "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 with 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. "Bin" means a metal Container with hinged lids and wheels with a capacity of less than ten (10) cubic yards. "Brown Goods" means discarded electronic equipment with some circuitry such as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other similar items not containing cathode ray tubes (CRTs). "Bulky Items" means Solid Waste that cannot not typically be accommodated within the Solid Waste Container at the Premises including without limitation: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items); unusually large amounts of yard debris and Green Waste and small pieces of wood; and clothing. Bulky Items do not include car bodies, Construction and Demolition Waste or items requiring more than two persons to remove, or as otherwise provided in a Franchise Agreement. Electronic waste may be collected as Bulky Items if provided for in a Franchise Agreement. "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi -automated track with a capacity of no less than 32- and no greater than 101 - gallons. "City" means the City of Diamond Bar. "City Council" or "Council" means the City Council of the City of Diamond Bar. "City Manager" or "Manager" means the Diamond Bar City Manager or the designee of that individual. "Collect" or "Collection" means to take physical possession, transport, and remove Solid Waste within and from City. "Collection Pennittee" means the holder of a Limited Collection Permit issued under Division 4 of this Chapter. "Collector" means any Solid Waste Enterprise that has: (1) been issued a Franchise to provide Solid Waste Collection Services in the City; or (2) been issued a Limited Collection Permit to Collect waste under this Chapter. "Commercial Premises" or "Commercial Property" means all occupied real property in the City that contains any land use allowed in the commercial/industrial zoning districts as described in Section 22.10.020 of this Code and multi -family dwellings that require commercial Solid Waste containers (bins and roll -off boxes) to accominodate the waste generated on the Premises, but shall not include property occupied by governmental agencies unless such agency consents to its inclusion, and Residential Premises that require Solid Waste Collection Services using residential Solid Waste containers (carts). Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature shall be classified as Commercial Premises. "Construction/Demolition Hauler" means any person or entity that collects construction or demolition waste for disposal at a facility that accepts Construction and Demolition Waste for reuse or recycling pursuant to a Limited Collection Permit issued under this Chapter. "Construction/Demolition Waste" means Solid Waste generated at the Premises that is directly related to construction, remodeling or demolition activities occurring thereon including without limitation, any material generally considered to be not water soluble and non -hazardous in nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction with a Covered Construction Project. "Construction Pennittee" means any person that applies for and receives a building, grading or demolition pen -nit to undertake a Construction, Remodeling or Demolition Project covered within the City. "Construction, Remodeling or Demolition Project" means any alteration to a building, structure or landscaping that requires a building, grading or demolition permit in accordance with the Municipal Code. "Container" means any bin, Solid Waste container, vessel, can or other receptacle used for the temporary accumulation and collection of Solid Waste. "Covered Construction Proj ect" or "Covered Project" means any Construction, Remodeling or Demolition Project that is not exempt pursuant to Section 8.16.620. and subject to the diversion and reporting requirements in Division 6 of this Chapter. "Customer" means persons, including both owners and occupiers, who receive Collection services from a Collector at Commercial*or Residential Premises. "Disabled" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities, anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment as the word is defined in Title 28, Section 35.104 of the Code of Federal Regulations, as amended. "Disposal" means the ultimate disposition of Solid Waste Collected by a Collector at a landfrll,.or Solid Waste disposal facility utilized for the ultimate disposition of Solid Waste or by any other manner authorized by law, where the waste is not recycled or reused. "Divert, Diverted and Diversion" means any combination of waste prevention, source reduction, recycling, reuse, composting and Transformation activities that reduces waste disposed at landfills, provided such activities are recognized by the California Department of Resources, Recovery and Recycling ("CalRecycle") as Diversion in its determination of the City's Diversion rate and compliance with AB 939. The amount of transformation tonnage that will be considered toward a Diversion requirement may be limited in a Franchise Agreement. "Diversion Requirements" means the obligations imposed by or upon the City pursuant to State law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a portion, of the Solid Waste stream generated within the City including, 3 without limitation, State mandates to divert a specified percentage of the Solid Waste generated within the City's jurisdiction,- found at Public Resources Code § 41780, as amended. "Electronic Waste (E -Waste)" means any discarded electronic product or device including without limitation personal computers, monitors, televisions, keyboards, printers, telephones (including cell phones), fax machines, calculators, copiers, video game systems and audio equipment, and other items containing cathode ray tubes (CRTs), LCD or plasma screens and monitors. E -waste also includes Brown Goods and Universal Waste. For purposes of this Chapter, E -waste shall not be considered Solid Waste, but maybe collected as a Bulky Item or through special Collections, if provided for in a Franchise Agreement. "Electronic Waste Recycler" means a Person authorized to recycle Electronic Waste as defined in Section 42463(1) of the Public Resources Code, as amended. "Franchise" means the right and privilege granted by the City to Collect, Dispose, Recycle and Divert Solid Waste collected within the City. "Franchise Agreement" or "Agreement" means the Solid Waste Collection Agreement entered into between a Solid Waste Enterprise and the City, and approved by the City Council that sets forth all of the rights and obligations of the, Franchise, consistent with this Chapter and state law. "Garbage" means all discarded putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials. "Green Was I te" means any vegetative matter resulting from regular and routine yard and landscaping maintenance or seasonal variations. Green Waste, includes plant debris, such as tree trimmings, grass clippings, leaves, pruning, weeds, branches, brush, holiday trees, stumps, flowers, plant stalks, wood and other fbirns 'of vegetative matter (not more than four (4) inches in diameter or forty-eight (48) inches in length, unless -a larger size is authorized under a Franchise Agreement). "Green Waste Processing Facility" means a permitted Facility where Green Waste is sorted, mulched or separated for the purposes of Recycling, reuse or composting. "Gross Receipts" means any and all revenue received fi-om Customer billings, and compensation in any form, of Collector or subsidiaries, parent companies or other Affiliates of Collector, for the Collection and transportation of Solid Waste in the City, in accordance with Generally Accepted Accounting Principles, including, but not limited to, Customer fees for Collection of Solid Waste, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. Gross Receipts does not include revenue from the sale of Recyclables. 0 "Hazardous Waste" means any substance or waste materials or mixture of wastes defined as "hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public Resources Code Section 40141, California Health and Safety Code §25501, §25501.1, § 25249.8 and §25281, or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901, et seq.),' or the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the California legislature, the CalRecycle, the Department of Toxic Substances Control or other agency of the United States Government or the State of California empowered by law to classify or designate waste as hazardous. If there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Substance" or "Hazardous Waste" shall be construed to have the broader, more encompassing definition. "Notice" means notice sent by first-class certified mail, facsimile or email delivery if agreed to by the parties under a Franchise Agreement. "Person" includes, without limitation, any individual, firm, co-partnersl-dp, general partnership, limited partnership, joint venture, association, entity, corporation or any other group or combination thereof acting as a unit. "Premises" means any land, or building in City where Solid Waste is generated or accumulated. "Public Works Director" or "Director" means the Diamond Bar Public Works Director or the designee of that individual. "Recyclable Materials" or "Recyclables" means Solid Waste that has some potential economic value, and is set aside, handled, packaged, or offered for Collection in a manner different from Rubbish or Garbage in order to allow it to be processed for Recycling. "Recycling" means the processing of Recyclable Materials for the purpose of returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. I Recycling includes the activities of an Electronic Waste Recycler and a Green Waste Processing Facility. "Residential Premises" or "Residential Property" means Premiseson which dwelling lling 0 units exist, including, without limitation, single family dwellings, multi -family dwellings requiring residential Solid Waste containers (carts) to accommodate the waste generated on the Premises, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second units, and Group Homes. on Residential Premises (as that 5 term is defined in Title 22 of . this Code). Notwithstanding any provision to the contrary herein, in the Diamond Bar Municipal Code, or otherwise, for Purposes of this Chapter, Premises upon which the following uses are occurring shall not be deemed to be Residential Pr=ises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Hotels, Motels, and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises as determined by City on a case by case basis. "Roll -off Box" means Solid Waste Collection Containers of 10 cubic yards or larger. "Rubbish" means without limitation, accumulation of unwanted material to be disposed of such as paper, polystyrene, pottery, rags, cloth, boxes and containers, sweep -ups and all other accumulations of a nature other than Garbage, Green Waste or Recyclable Materials. -senior Citizen" means a person 60 years of age or older who is the head of household and receives Collection services at his or her personal residence. "Solid Waste" means all discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including Garbage, Recyclable Materials, Green Waste, and Rubbish of every Idnd and character, but excluding Hazardous Waste and Electronic Waste. Solid Waste must be generated by and at the physical location where the Waste is Collected. "Solid Waste Collection Services" or "Collection Services" means the Collection, transportation, storage, transfer, Disposal, Diversion or processing of Solid Waste by a Collector. "Solid Waste Enterprise" means any person, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing Solid Waste Collection Services. "SRRE" means the Source Reduction and Recycling Element of the Integrated Waste Management document for the City prepared and updated pursuant to the California Public Resources Code. "State" means the State of Califoini'a. "Tonnage Report" includes a tonnage form or a copy of such form prepared by a Collector or an officer or agent of a Collector. Tonnage reports shall also include necessary information to verify the report or supplied information. "Transportation" or "Transporting" means the process of moving Solid Waste, or Recyclables through the City. 6 "Universal Waste" means those discarded wastes listed in Title 22, Section 66261.9 of the California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes, non -empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and batteries containing cadmium copper or mercury. "Waste Disposal Facility" or "Facility" means any landfill, transfer station, incinerator, land reclamation project, or other similar site or facility which is used or intended to be used for the transfer, consolidation, processing or disposal of Solid Waste. "Weight Tickets/Invoices" means receipts provided by a waste disposal or recycling facility reflecting the net amount of Solid Waste disposed of by a Collector at a collection location. DMSION 2. FRANCHISES Section 8.16.030. Franchise regraia ement. (a) The City Council may authorize, by Franchise, a Solid Waste Enterprise to provide Solid Waste Collection Services for Customers at Residential and Commercial Premises. In the sole discretion of the City Council, the Collection Services may be authorized on an exclusive or nonexclusive basis, with or without competitive bidding, and may relate to any class or type of Solid Waste within all or any part of the territory of the City. (b) Except as otherwise provided for in this Chapter, no person shall -collect and/or dispose of Solid Waste in the City without having first been awarded a Solid Waste Collection Franchise and entered into a Franchise Agreement with the City. All such Collectors shall comply with all of the requirements of this Chapter. The City retains the rights and power that it has under applicable laws and nothing in a Franchise Agreement may be construed to waive any of the City's governmental rights or police powers. Section 8.16.040. Franchise. (a)The nature, scope of services, party obligations and restrictions, terror and duration of the Franchise shall be set forth in a Franchise Agreement entered into between a Collector and City, and the Agreement may also include any requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the Franchise Agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare. (b) The I City and Collector may mutually agree to extend the Franchise term on such terms and rates as the parties may agree. Nothing contained in this Chapter shall obligate the, City to extend the term of any Franchise. Section 8.16.050. City's approval or denial. (a) If the City Council finds that it is in the public interest to issue a Solid Waste Franchise, the City Council may approve a Franchise and the corresponding Agreement, and the applicant shall be entitled to exercise all of the Franchise rights provided for therein upon its written acceptance of the terms and conditions in the Agreement. - (b) No Solid Waste Enterprise shall be awarded a Franchise for the Collection of Solid Waste unless the Enterprise successfully demonstrates it has sufficient equipment available to meet the dates and tunes of regularly scheduled pick-ups without interruption due to equipment failure. This requiremept shall be maintained throughout the term of any Franchise Agreement. The City may also require that Collection vehicles be liquefied natural gas (LNG), compressed natural gas (CNG) vehicles, or other available low -emission technology. Section 8.16-060., Trans Except as otherwise set forth in a Franchise Agreement, any assignment or transfer of the Franchise without the City's prior written approval is ineffective, will make a Solid Waste Franchise subject to revocation and to any other remedies available under this Chapter, and will be considered to impair the City's assurance of due performance. The granting of approval for a transfer in one instance will not render unnecessary approval of any subsequent transfer. This restriction includes the sale of the Franchise, relinquishment of the Franchise or transfer of ownership of the Franchise or the conveyance of the Collector's stock to a new controlling interest. The City may, in its discretion, require a transfer fee, in an amount set forth in the Franchise Agreement. Section 8.16.070. Franchise ter Any Franchise awarded pursuant to this Chapter shall be for an initial tern of not more than ten (10) years, with the possibility of renewal at the option of the City Council. Section 8.16.080. Temporary collection services The City Manager may enter into a temporary agreement for Solid Waste Collection Services with a different Solid Waste Enterprise during any period of time that: 1. A Franchise has been suspended under the provisions of this Chapter; 2. A Franchise has been terminated, until such time as a new Franchise with a different Solid Waste Enterprise can be negotiated and approved by the City Council; or 3.The Collector refuses or is unable to Collect Solid Waste, provided such . arrangement is agreed to in the Franchise Agreement. Section 8.16.090. Fees (a) The City may in its discretion, and as set forth in a Franchise Agreement, collect from a Collector a Franchise fee for the privilege of operating a Solid Waste Collection Service within the City, and any other fee related to the Solid Waste Collection Services allowed under law, the Agreement or this Code. W (b) A Franchise fee is not a payment in lieu of any tax, fee, or other assessment of general applicability. Section 8.16.100. Interim suspension. (a) The City Manager, without a hearing, may suspend a Franchise for not more than forty-five (45) calendar days, if the Manager finds that continued operation by a Collector will constitute an immediate threat to the public health, safety or general welfare of the City, due to a default in the Franchise Agreement, or for inability to perform pursuant to the terms of the Franchise Agreement. The City Manager shall provide any required notice of a proposed suspension and an opportunity to, cure a default as may be provided for in the Franchise Agreement, as. applicable. If the Collector fails to cure or if time to cure is not required under the Agreement, the City Manager shall provide written notice of interim suspension to the Collector setting forth the grounds for the suspension. The interim suspension will go into effect immediately upon delivery of the written notice to a Collector. (b) A Collector may appeal the interim suspension to the City Council, provided a written appeal is submitted to Manager within five (5) calendar days after notice of interim suspension has been sent to the Collector. Appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the Manager's ruling being appealed. (c) The interim suspension shall remain in effect during the processing of the appeal to the Council. (d) The City Council shall hold a hearing on the appeal. Notice of such hearing shall be sent to a Collector not less than ten (10) calendar days prior to the hearing. The City Council may affirm the action of the Manager, refer the matter back to the Manager for further consideration, or overturn the decision of the City Manager. The Council may terminate the interim suspension or extend the period of the interim suspension and/or may initiate proceedings for revocation of the Franchise. The Council shall base its action upon the standards delineated in Subsection (a) above and Section 8.16.110 below. Section 8.16.110. Franchise revocation or modification. (a) After a hearing, the City Council may revoke; modify the rights, obligations and conditions of a Franchise; or impose a penalty on the Collector in an amount provided for in the Franchise Agreement if a Collector has violated any provision of this Chapter, the Franchise Agreement or any other applicable law, ordinance, or regulation related to the Collection Services provided in the City. (b) It is unlawful for any person or Solid Waste Enterprise to operate under a Franchise that has been revoked or suspended. Section 8.16.120. Notice of heariniz on revocation or modification hearing. The City shall serve a written notice of the City Council Franchise revocation or modification hearing on a Collector not less than fifteen (15) calendar days prior to such hearing. Section 8.16.130. City Council decision. The City shall serve written notice to a Collector of the City Council's ruling and such notification shall be made within ten (10) calendar days of the hearing. The notice of ruling shall include, without limitation, the effective date of any revocation, modification or penalty. The decision of the City Council shall be final. Section 8.16.140. Cessation of operations. Upon revocation of a Franchise by the Council, a Collector shall cease operations in the City within the period of time determined by the Council but in no event shall the Collector operate for more than forty-five (45) calendar days after notice of revocation. DMSION 3. SOLID WASTE COLLECTION Section 8.16.150. Collector's liability insurance. (a) A Collector must obtain comprehensive general and automobile liability insurance acceptable to the City Attorney insuring a Collector against death, bodily injury, property damage and automobile liability arising out of or in any way connected with the Collector's activities. The insurance shall be in an amount set forth in the Franchise Agreement, name the City of Diamond Bar and its officers, employees and agents as additional insureds, and state that it shall not be canceled or modified without first giving to City written notice as provided in the Franchise Agreement. Such insurance shall be primary and noncontributing with respect to any other insurance available to the City and will include a cross - liability clause requiring the insurer to protect each insured separately. A copy of the policy or certificate of insurance along with all necessary endorsements, in a fbim approved by the City Attorney, shall be filed with the City Manager before the hauler is authorized to collect or otherwise transport Solid Waste under the Franchise. (b) Suspension, cancellation, or termination of the insurance by the provider without obtaining substitute insurance meeting the requirements of subsection (a) above shall be grounds for immediate suspension of the Franchise until new insurance is provided, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or termination. Section 8.16.160. Worker's compensation insurance. A Collector shall at all times provide, at its own expense, workers' compensation insurance coverage for all of its employees as required under state law and shall file and maintain a certificate with the Manager showing said insurance, to be in full force and effect. 10 Section 8.16.170. City to be free from liability. Every Franchise Agreement and Limited Collection Permit shall include an indermzification provision whereby the Franchisee or Permitee agrees to indemnify the City against liability from claims that arise out of the Solid Waste Collection Services. Section 8.16.180. Performance guarantees. (a) The City may require a Collector to file a surety bond, letter of credit, and/or a. certificate of deposit prior to the effective date of the Franchise to guarantee the faithful compliance with this Chapter and the Franchise Agreement. Such bond, letter of credit or certificate shall remain in force during the life of the Agreement and all renewals thereof. (b) In the event of suspension, cancellation, or termination of the bond, letter of credit or certificate by the issuer, the Franchise shall be immediately suspended until a new guarantee mechanism is provided to the satisfaction of the City Manager, and a Collector shall be liable to the City for any and all damages suffered by the City arising out of such suspension, cancellation or tennination. Section 8.16-190. Office for inquiries and complaints. A Collector shall maintain an office at some fixed location and shall maintain a telephone lirie at the office, listed in the current telephone directory and online at the Collector's website, in the firm name by which it conducts business in the City, and shall, during the days and times provided for in the Franchise Agreement, have an employee or agent at said office to answer inquiries and receive complaints. In addition, inquiries and complaints may also be handled by email if provided for in the Franchise Agreement. Section 8.16.200. Permits and licenses. A Collector shall obtain all applicable permits and licenses required by any Federal, State or local agency. Section 8.16.210. Responsibility for damafyes. (a) Any Collector, or Person providing Solid Waste Collection Services or operating a Solid Waste Enterprise in the City shall be responsible for damages caused as a result of its acts or omissions including, without limitation, injuries or death to arty person or damage to public or private property. (b) Except as provided in the Franchise Agreement for normal wear and tear, a Collector shall be responsible, at the Collector's sole expense, for any physical damage to private or public property caused by the negligent or willful acts or omissions of Collector's employees, agents, volunteers, or other individuals providing the services set forth in the Franchise. Section 8.16.220. City inspection authority To the extent required by law and as set forth in a Franchise Agreement, any Collector providing Collection Services or operating a Solid Waste Enterprise in the City shall keep and maintain books of account, income statements, tonnage reports, weight tickets, 11 Customer lists, billing records, maps, AB 939 compliance records, and Customer complaints and other like materials and documents of the Collector which relate to the Collector's compliance with the provisions of this Chapter or relate in any way to business transactions conducted by the person in the City during the entire term, including renewals, of the Agreement and for a period of at least five years after said service was provided, or for any longer period. required by law or the Franchise Agreement. Any Collector shall make these 'r ' ecords and documents available to the City upon request upon five (5) business days' written notice. Such records shall be, made available to the City at the Collector's regular place of business, either within the Los Angeles County Limits or within twenty miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such records to Diamond Bar City Hall. Section 8.16.230. Collection rates. (a)'A charge for the Collection of Solid Waste shall be imposed on each Customer to whom Collection Sei vice is made available. The maximum rate and any adjustments thereto shall be agreed upon by the Collector and the City in the Agreement and in accordance with any applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to Collector from the Customer of the Premises to which the Collection Service is made available. (b) For Residential Premises, the maximum rate shall be developed in compliance with applicable state law, assuming a single standard container of 64 -gallon capacity. A different size container may be supplied upon Customer request, and a maximum monthly rate shall also be established that accounts for the size differential. (c) A Collector shall offer a reduction in Collection rates to any senior citizen and any disabled Customer of a Residential Premises who receives collection services at his or her personal residence. This discount is applicable to all services rendered by the Collector and the amount of the reduction shall be as specified in the Franchise Agreement. (d) Residential Customers who practice yard waste composting and grass cycling, or generate no yard wastes other than unacceptable yard debris not normally allowed in the, yard waste container, can refuse a Green Waste container and may be eligible for a reduction in Collection rates, pending verification of the absence of acceptable yard waste in the refuse container. If a container for storing green waste is refused by a Customer, it shall be the duty of the Customer to assure that green wastes are actually recycled, composted, and/or grass cycled in a safe manner either on the Premises or with a gardener or landscaper. The amount of the reduction shall be as specified in the Franchise Agreement. (e) At no time shall a Customer receive greater than thirty percent (30%) reduction off the base monthly collection rate. 12 (f) Customers shall file applications for reductions based on the criteria set forth in tl-ds Section, with the Diamond Bar Public Works Department and applications shall be accompanied with such supporting documentation as determined necessary by the Director of Public Works. A change of address terminates the special rate provided for in this Section, but a new application may be made and the reduced rate shall be allowed, if the requirements of this Section are satisfied. The City Manager may adopt rules and regulations deemed necessary to properly carry out the provisions of this Section. Section 8.16.240. Rate adjustments. A Collector shall provide each Customer, at least sixty (60) days in advance of the; beginning of a billing period, written notice of the implementation of changes in any of its rates and charges. All rate adjustments shall be made in accordance with the Agreement and any applicable provisions of state law or this Code. Section 8.16.250. Fees and other charges. (a) Except as otherwise provided by federal, state or local laws, this Chapter or other City Council authorized restrict ' ions, all fees and charges applicable to this Chapter shall be established by City Council resolution. (b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the City may levy fees upon Collectors and Customers for planning and program development and administration regarding solid and household hazardous waste, recyclable materials and/or green waste planning, and for access to collection service, for collection service, inspection, auditing, transfer and disposal and the planning for and response to releases and spills of solid wastes which have the characteristics of Hazardous Wastes. Such fees may include charges for the use of Waste Disposal Facilities and may include costs of preparing and implementing source reduction and recycling elements, household hazardous waste elements and integrated waste management plans. The City may collect such charges by such means as determined by City Council resolution or ordinance. (c) Pursuant to Public Resources Code § 41902, the City may directly assess any fees or may by Agreement, arrange for any fees upon the Customers to be collected by a Collector under this Chapter. Any applicable fee established pursuant to this Chapter shall be payable by the Collector to the City thirty (30) calendar days after the close of each quarter of the Collector's fiscal year, or such other times as may be set forth in the Franchise Agreement. The Collector shall pay or collect, as the case may be, an AB 939 Administrative Fee, as may be established in accordance with state law. Section 8.16.260. Billing and payment of collection rates, fees and charges. Billing and payment procedures are as follows: 13 (a) A Collector shall bill all Customers for all services rendered, whether regular or special services. The Collector 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, reductions and other special services covered under this Chapter. (b) The City may, at the City's sole option, collect fees for residential collection services through a parcel charge by causing fees to be placed on the Los Angeles County Tax rolls through procedures established by the Los Angeles County Tax Collector. Should the City institute a parcel charge, the Collector shall be paid for each residential unit or Premises served according to a payment schedule as set forth by a separate resolution of the City Council. (c) Notwithstanding any other provision of this Chapter, the City Council, in its sole discretion, may collect delinquent fees owed pursuant to this Chapter by placement of the fees on the property tax rolls, pursuant to the provisions of this Section. The City Council, in its sole discretion, may collect delinquent fees pursuant to this Section from all property owners, or only from Residential Premises, and/or Commercial Premises. Should the City Council elect to apply the provisions of this Section, the following procedures shall be followed: 1. Any customer who, as of June first of any given year, is delinquent as to any charges or penalties due as of March thirty-first of that same year, shall be mailed written notification that the City Council will review all such delinquent accounts during a public hearing and determine whether to for -ward the delinquent accounts to the County Auditor on August first to be included as an additional assessment for the respective affected parcel on the county property tax rolls. At the time of such written notification, a penalty shall be added to the delinquent account to cover the administrative costs of such procedure. Any owner whose property is so affected shall have the right to appear before the Council when it deliberates on the matter. 2. The City Council shall consider the matter at a public hearing. 3. The Council may also consider at the hearing requests for waivers or adjustments of the delinquent charges or penalties. Requests for such waivers or adjustments shall be considered only if timely made, and if accompanied by sufficient information and documentation to permit the Director of Finance to make a determination of whether cause exists to justify a waiver or adjustment. The Council may deten-ninc that the fees or penalties owed by any property owner should be waived or adjusted, for any of the following reasons: (a) Property ownership change. (b) Vacant units not requiring service. (c) Demolition of units during a service quarter, 14 (d) Condermiation actions against the property. (e) Incorrect mailing address. (f) Iricorrect ownership information. (h) Other similar conditions and reasons creating circumstances beyond the reasonable *control of the property owner. 4. The County Auditor shall enter each assessment on the county tax roll for the parcel of land affected. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessment fees. Section 8.16.270. Required monthly and annual reports. (a) A Collector shall provide the City separate monthly and annual tonnage and information reports in an amount, form and on dates set forth, in the Franchise Agreement. (b) The Collector shall provide the City two (2) copies of all reports, or other material adversely affecting the Collector's status under this Chapter, including, but not limited to, reports submitted by the Collector to the Enviromnental Protection Agency, CaLRecycle, or any other federal or state agency. Copies shall be submitted to City simultaneously with the Collector's filing of such matters with such agencies. (c) The Collector shall submit to the City copies of all notices of lawsuits, applications, notifications, communications and documents of any kind, submitted .by the Collector to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other goverriment bodies relating specifically to the Collector's performance of services pursuant to this Chapter. Any confidential data exempt from public disclosure shall be retained in confidence by the City to the extent permitted by law. (d) All reports and records required under this or any other section of this Code, the Agreement or state or federal law shall be furnished at the sole expense of the Collector. Section 8.16.280. Collection in emergencies. Except as otherwise provided in the Force Majeure provisions of a Franchise Agreement, in the event that the collection, transportation and/or disposal services of a Collector are 15 temporarily interrupted or discontinued due to riots, wars, civil disturbances, 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 Collector, for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste 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 Collector, during the period of such emergency, to issue limited permits to private persons, corporations or other Solid Waste Enterprises to perform any of the services regulated by this Chapter. Section $16 290. lYIandatory service._ Except as otherwise provided in this Chapter: (a)All Solid Waste collected fi-om Residential or Commercial Premises for a fee, service charge or other consideration, shall be collected by a Solid Waste Enterprise under the provisions of a Franchise awarded by the City Council. (b) No Person shall Collect any Solid Waste from any Commercial Premises or Residential Premises within the city, place a container, or other receptacle for Solid Waste at any premises within the City, or collect, transfer, or remove Solid Waste within the City, unless that person holds a Franchise or Limited Collection Permit from the City for such Collection or container placement. Each day any person shall engage in these activities without holding a Franchise or Limited Collection Permit from the City for doing so shall constitute a separate offense. (c) Each Residential and Commercial Property owner and occupant in the City shall, at all times utilize the services of a Collector and pay the rate ' s approved by the City Council for the regular and routine collection of Solid Waste from such Premises and shall, at all times comply with City policies and programs with regard to Solid Waste recovery, reduction and recycling. No Customer shall enter into an agreement for Solid Waste Collection Services with any Person or Solid Waste Enterprise except as otherwise provided in this Chapter. Regular and routine Solid Waste Collection services means the collection of everyday Solid Waste generated on the premises and does not include special collections governed under 8.16.550(f , pen-nitted self -hauling, donation of recyclables, and Construction/Demolition Waste activities. Section 8.16-300. Holidays. If the day of Collection on any given route falls on a holiday observed by the City Or Waste Disposal Facility to which waste or recyclables collected within the City are taken for disposal, the Collector shall provide Collection Service for such route on the next workday following such holiday and the Collection days for the remainder of that week shall all be postponed one Collection day, unless otherwise provided in the Agreement or this Chapter. The following holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract between a Collector and the labor union serving as the 16 exclusive representative of that Collector's employees, provided the holiday is established or recognized by resolution of the City Council or in an Agreement between the City and a Collector. Section 8 16_31 oCollection service requirements A Franchised Collector shall provide the following specific services as described in subsections (a) through (i) 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 or in an Agreement. In the event that the City grants more than one Franchise, the following services -may be allocated amongst all of the Collectors. (a) A Collector, at the Collector's sole expense, shall prepare and implement a multilingual public education and information program. 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), and explain the purpose and the manner of the City's Recycling and Green Waste services, composting, and disposal and recycling for Electronic Waste. (b) Collectors shall collect, transport and recycle as mulch all holiday trees that are placed at the curbside, fiom Residential Premises within the City during the period beginriing on the first Monday following Christmas and ending on the third Monday in January, or such other period as may be agreed to in the Franchise Agreement. (c) A Collector at the Collector's sole expense shall provide, at a minimum, four (4) flee curbside collections of Bulky Items per year to all Residential Premises, either on days of the month selected by the Director of Public Works, or on-call, as agreed to in the Franchise Agreement. The size and weight restrictions may be set forth in the Franchise Agreement, and if the agreement is silent, there shall be no such restrictions except that the Collector 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 (2) persons. Collector shall make a good faith effort to reuse or recycle bulky items and shall only dispose of these items if necessary. E -waste shall only be disposed of in appropriate facilities capable of handling the waste in a manner required by law. (d) A Collector, at the City's sole option, shall provide upon request Solid Waste collection and recycling services to all public facilities (i.e., city hall, city parks, etc.) at no charge to the City. (e) A Collector shall, at no additional charge, provide on -demand collection of illegally dumped bulky goods within one (1) business day of the City's request, unless a different time is set forth in the Franchise Agreement. If the City issues 17 more than one Franchise, the Collectors may provide this service according to a rotational schedule established by the Director of Public Works. (f) A Collector shall, at no additional charge, provide containers 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 size, location and number of containers shall be determined in the Franchise Agreement. (g) A Collector for Residential Premises shall provide, at a Customer's request and at no additional charge, manual carryout collection service to any disabled occupant of a single-family unit who is not able to place his or her containers at the curb due to a physical disability. (h) All Collectors shall provide Recyclable Materials collection services. These services shall be conducted as specified in the Franchise Agreement. A Collector shall report to the City and maintain disposal and diversion records. Nothing in this Chapter shall limit the right of any person to donate, sell, or otherwise dispose of his or her recyclable materials. (i) A Collector shall implement a Green Waste collection program for all Residential Premises, and Commercial Premises where landscaping or gardening activities are conducted. Green waste shall be placed for collection in the manner set forth in this Chapter and in an Agreement. Section 8.16.320. Frequency of collection. (a) A Collector shall collect and dispose of all Solid Waste placed for collection in compliance with this Chapter from each Customer at least once during each calendar week, or more frequently if required to handle the waste stream of the Premises. Routes of collection shall be so arranged that collection from any Premises will be made on the same days of each week. A Collector shall possess a sufficient number of vehicles including spares to maintain the collection schedule at all times. (b) A Collector shall submit to City its proposed collection schedule for the ensuing calendar year. The Franchise Agreement shall set forth the time and frequency for submitting the schedule. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefore (if any) so as to ensure that collection shall takes place once each week. Upon approval by the City Manager, Collector shall cause to be mailed a written notice to all Customers of such schedule not later than December 31st of each year. In his or her discretion, the City Manager may mail out the armual notice to all Customers, at the expense Of the Collector. Section 8.16.330. Hours of collection (a) No collection, or delivery or removal of containers, shall be made between the hours of 6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and IV Sunday, except that if agreed to in a Franchise Agreement, Saturday collection may be permitted during Holiday weeks for Residential Premises, and as a regular Collection day for Commercial Premises. The Director of Public Works may require a Collector to change hours of operation if it is determined that the operations have a detrimental effect upon the peace and quiet of residential neighborhoods. (b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other problems having the potential to adversely affect the health, safety, and the general quality of life of the community, the City Council may by resolution regulate the routes, intervals, delivery points, and days for collection by Collectors operating within the City. (c) The City Manager may temporarily waive the requirements of this Section when necessitated by conditions beyond the control of the Collector. Section 8.16.340. Residential containers. At the Collector's own expense,, a Collector shall provide each Residential Premises for which it is authorized to collect at least one container each for the collection of: (1) solid waste, (2) rccyclables and (3) green waste, including grass clippings, leaves and other yard work debris, other than oversized branches or tree limbs. All containers shall be constructed of metal, hard lubber or plastic and have wheels and a tight fitting lid. Containers shall not permit the contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. Additional loads placed out for collection may be permitted to the extent such loads are authorized in the applicable Franchise Agreement. Section 8.16.350. Commercial containers. (a) A Collector shall provide Containers suitable to each Commercial Premises for which it is authorized to collect solid waste. (b) All Containers shall be constructed of durable metal or plastic and have wheels and a tight fitting lid that shall be kept closed at all times. Containers shall not permit the . contents thereof to sift or pass through any opening therein other than the top, shall be maintained in a safe and sanitary condition by the Customer and shall not contain any rough or jagged surfaces. The use of oil drums of 50 -gallon capacity or more is specifically prohibited. Section 8.16.360. Care of containers. Collector's agents and employees shall handle all Containers with care. Section 8.16.370. Employees of collector. All Collector's field employees shall wear name tags or uniforms to enable identification while providing service to the public. 19 Section 8.16.380. Trespass. No person authorized to collect Solid Waste shall enter on private property beyond the extent necessary to collect the Solid Waste properly placed for Collection. Section 8-16.390- Noise. A Collector shall conduct its operations as to create the least possible obstruction and inconvenience, to public traffic, and disruption to the existing noise levels in the area within which collections are made. Section 8.16-4Qq—.Ownership. At such time as Solid Waste is placed for collection at the usual place of collection, the Solid Waste, is the property of a Collector. Section 9.16.410. Collection vehicle identification. Except .as otherwise provided in this Chapter, no Solid Waste Enterprise may operate any vehicle for the collection of Solid Waste in the City unless the owner of the vehicle is a Collector as that term is defined in Section 8.16.020., Section 8.16.420. Operation of equipment. A Collector shall operate all equipment in compliance with all Federal, State and local laws. Collection vehicles shall not be operated in a manner that results in undue interference with normal traffic flows or violation of any traffic laws. Collection vehicles, whether loaded or unloaded, shall not be parked, or left unattended on any street in the City. Section 8.16.430. Compliance withvehiclestandards. Any vehicle used in the Collection of Solid Waste in the City shall, at all times, be maintained in accordance with all the standards set forth in the Franchise Agreement, this Code, or any other applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited. A Collector shall iminediately remove any vehicle from collection service that fails, at any time, to conform to any of the standards recited in the Agreement or this Code and shall not use that vehicle until it is repaired or comes into compliance. Should the City Manager give notification at any time to a Collector that any of its vehicles are not in compliance with the standards of this Chapter or the Agreement, the vehicle shall be immediately removed from service in the City by the Collector. The vehicle shall not again be utilized in the City until the Collector successfully demonstrates to the Manager that the vehicle is in compliance with the requirements of the Agreement and this Code. A Collector shall maintain its regular collection schedule regardless of the repair of any vehicle. Section 8.16-440. Resource recovery. A Collector shall, at all times, comply with City policies and programs regarding Solid Waste recovery, reduction and recycling, including the City's Source Reduction and Recycling Element. Such policies and programs may be established by resolution of the City Council. Compliance with such policies and programs shall be a condition of any Franchise issued pursuant to this Chapter. M Section 8.16.450. Diversion requirement.. A Collector shall not deposit at any landfill more Solid Waste than the percentage designated in the Franchise Agreement. That percentage of Solid Waste shall be diverted from landfills through reduction, recycling and composting activities, Through implementation of the Franchise Agreement, a Collector shall assist the City in meeting its diversion obligations under Public Resources Code § 41780, as amended, to the greatest extent practicable. Activities deemed in contravention of that goal shall be a violation of this Section. DIVISION 4. LIMITED COLLECTION PERMITS Section 8.16.460. Limited collection permit requirement. No person, other than a Franchisee, permitted self hauler or Commercial Recycler, shall Collect Solid Waste in the City without having first been issued a Limited Collection Permit. Such permit shall be in addition to any business license or permit otherwise required by the City. The DirectorofPublic Works is authorized to promulgate administrative policies and procedures for issuing such permits. Section 8.16.470 Permit requirement. Applications shall include, but not be limited to: a. Name of applicant. b. Business address, and addresses where all vehicles will be stored. c. A description of each vel-dcle and other equipment that the applicant owns or has under its control. d. A list of customers which the collector will service in the City. e. Proposed collection rates to be charged by the applicant. f. Detailed information regarding services offered to customers and a listing of customers currently receiving collection service. g, Any other information requested by the City Manager. Section 8.16.480 Permit fees. Each Collection Permittee shall pay a yearly fee in an amount determined by resolution of the City Council. 001 Section 8.16.490. Permit terms. Any permit issued under this Chapter shall be for a term of not more than one year and shall expire December thirty-first of each year. Section 8.16.500. Transfer of permit. A permit issued under this Division shall not be transferred, delegated or assigned. No Permittee shall sell, assign, hypothecate, relinquish, surrender or transfer it ' s interest in a permit to any person or collector or allow another person or entity to use its permit in any act for which a permit is required without the prior written consent of the City Council. Section 8.16-510. Denial of permit. After review of the permit application, the City Manager, or designee, may deny the issuance of an annual collection permit based on information disclosed in the permit application. Denial of an ani-iiial permit may be based on an incomplete application, failure to demonstrate qualifications or financial responsibility necessary to comply with the requirements of this Chapter, failure to supply required reports or previous violations of any provision of this Chapter. Upon denial, the City Manager shall provide the Collector written notification of the reasons therefore and shall include the effective date of such denial. Written. notification of denial shall be delivered in person or certified first class mail to the Collector. Section 8.16.520. Revocation, suspension, appeal. The City Manager may revoke or suspend any permit pursuant to the provisions of Sections 8.16.100- 8.16.140, inclusive. The Collector may appeal the denial, revocation, or suspension of a permit pursuant the procedures set forth in Sections 8.16.100(b) through (d), inclusive. It is unlawful for any person to operate under a permit which has been revoked or suspended. Section 8.16.530 Prohibited acts. No Collection Permittee shall perform Solid Waste Collection Services otherwise provided for in a Solid Waste Franchise Agreement. No Permittee shall collect a fee for Recyclable Material Collection Services provided to Residential Premises. Section 8.16-540 Additional permitee.oblil4ations. A Collection Permittee shall also be subject to the following provisions of this Chapter 8.16: Sections 8.16.150 Collector's liability insurance, provided that the amount of insurance shall be determined by administrative policy promulgated by the Director; 8,16.160 Worker's compensation insurance; 8.16.170 City to be free from liability-, 8.16.190 Office for inquiries and complaints; 8.16.200 Pen -nits and licenses; 8.16.210 Responsibility for damages; 8.16.220 City inspection authority; 8.16.330 Hours of collection; 8,16.380 Trespass; 8.16.390 Noise; 8.16.400 Ownership; 8.16.410 Collection 22 Vehicle identification; 8.16.420 Operation of equipment; 8.16.440 Resource recovery; and all other applicable provisions of this Municipal Code. Constructiol/Demolition Haulers must also comply with Division 6 of this Chapter. DIVISION 5. SOLID 'WAS'T'E ACTIVI'T'IES AND EXCLUSIONS Section 8.16.550. Placement of containers for collection. It shall be the duty of every Person having charge and control of any Residential or Commercial Premises to set out or place Containers for the Collection of Solid Waste, as follows: (a) Containers shall be placed at the curb u1 front of Residential Premises, or the alley in the rear of Residential Premises, 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. (b) No Person shall place, or cause to be placed any Container from a Commercial Premises_ on any public street, alley or thoroughfare or in any public place without first obtaining an encroachment permit from the City's Public Works Department for each day the Container is placed there. Any Container 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 shall be removed at the end of the day in which it was placed in the public street, alley or thoroughfare. (c) No Person shall place any Container of Solid Waste to be collected by the Collector, 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 Solid Waste on the particular route involved, earlier than sunset of the day preceding the day designated for Collection, and all Containers shall be removed from the place of Collection prior to 10:00 p.m. on the day the Containers have been emptied. (d) Should any Container not be emptied and the contents removed on the date and time scheduled by the Collector, Customer should immediately notify the Collector or the City, and it shall be the duty of the Collector to arrange for the Collection and Disposal of the Solid Waste. (e) Occasional loads of Solid Waste not susceptible to placement in a Container may be placed for Collection at the same place and time as the Container if securely tied in sturdy bags or bundles not heavier than seventy pounds, not more than four feet in length, nor more than eighteen inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and stacked neatly at the Customer's Collection point. No cardboard box, paper bag or oil drum may be used as a Container for Solid Waste. 23 (f) Solid Waste not susceptible to placement in a Container may, in the discretion of the Collector, be scheduled for special collection upon the application of the Customer of the Premises. Special collection charges may be assessed by the Collector for this service with prior approval of above-mentioned Customer of the Premises and subject to any requirements set forth in a Franchise Agreement. (g) Except when placed out for Collection purposes, Containers shall be kept and maintained only in storage locations permitted by Title 22 of this Code, as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, Container lids shall be kept closed at all times to avoid the, propagation of flies or other vectors and to control odors and the potential for wind-blown litter. Section 8.16-560. Prohibited acts. It shall be unlawful for any Customer or Person to do the following: (a) For any Customer or Person owning, managing or having the control of any Premises or vacant lot within the City to permit ail accumulation of Solid Waste to become or remain offensive, unsightly or unsafe to the public, health or safety or hazardous from fire. (b) To deposit, keep or accumulate, or permit or cause any Solid Waste to be deposited, kept or accumulated, upon any property, lot or parcel of land, or any public or private place in the City except as provided in this Chapter. (c) To permit Solid Waste to accumulate, or to blow about in a manner that creates an unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the immediate cleanup, of any waste released, spilled or dumped into the environment during removal or transport within the City by such person. , (d) To dispose his or her Solid Waste into Containers at locations other than those that are located upon property which they own or occupy or where they work. (c).To engage in the following activities unless the individual is the property owner or occupant, person in charge of the day-to-day activities of the place or Premises or agents of the Collector authorized to collect from that Premises: 1. Remove or move any Container from the location where the Container was placed for storage or collection; 2. Remove any Solid Waste or Recyclable Material from any Container; 3. Apply any paint or markings (commonly known as "graffiti" or "tagging") to any Container without the prior written approval of the owner of the Container. 24 (f).To place Bulky Items adjacent to a street or public right-of-way without first having made arrangements with the City, a Collector, or other Person for the prompt pickup of the Bulky Items. (g).To burn Solid Waste within the City, except in an approved incinerator or transformation facility or other device for which a permit was issued and which complies with all applicable pen -nit and other regulations of air pollution control authorities and provided any such act of bunting in all respects complies with all other laws, rules and regulations. (h). To bury or dump any Solid Waste within the City. (i). To set out or cause to be set out for regular Solid Waste Collection by a Collector: 1. Any Solid Waste not generated on the Premises; or 2. Any Electronic Waste, Hazardous Waste, or any other fonu of waste that does not meet the definition of Solid Waste, provided that Electronic Waste may be collected as a Bulky Item if provided for in a Francluse Agreement. Section 8.16.570. Backyard residential composti7n . (a). Notwithstanding any other provision of this Chapter, residents are encouraged to compost Green Wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable kitchen scraps or manure (but not including other Household garbage or animal waste). The following composting conditions must be met: 1. Compost piles or bins shall not be visible from the street or neighboring properties;. 2. The compost piles or bins shall not be located next to a stream or drainage course; 3. Compost piles and bins are maintained so that they do not generate an offensive odor or harbor rodents; 4. The compost is enclosed, screened or otherwise maintained to minimize insects and pests; and 5. The pile or Container shall not permit surface run-off or leachate to other property or to drainage courses, waterways or streams. (b). No composting shall be permitted at any location that is determined to be a fire hazard by the Los Angeles County Fire Department or any location that is determined by any other regulatory body to be a threat to the public health, safety or welfare or if such activity violates any applicable local, state or federal law. M Section 8.16.580. Self hauler, (a) In lieu of utilizing the services of the Franchisee, Customers at Residential or Commercial Premises may choose instead to self -haul regular and routine Solid Waste generated or accumulated on Premises of which they are in charge after first obtaining a self -haul permit from the City pursuant to this Chapter. The Director o . f Public Works is authorized to promulgate administrative policies and procedures for issuing such permits. This section does not apply to Constiuction/Demolition Waste. (b) Self -haulers must deposit Solid Waste only at a properly licensed Waste Disposal facilities including without limitation a landfill, recycling center, recyclable material purchasing center, compostablc materials handling facility, transfer station, green material composting facility or other facility permitted to accept such material. Each self -hauler must report to the City, at a frequency and in a manner determined by the Director of Public Works, the type, quantity, volume, weight and destination of Solid Wast ' e collected in the City and transported from the City, and present gate tickets or receipts to substantiate its disposal reports. Failure to submit required reports to the City is a basis for revocation of a "self - hauler" pen -nit. Self -haulers must haul waste from the property at a frequency comparable to the service provided by the Collector. Failure to do so is a basis for revocation of a "self -haul" permit. Section 8.16-590. Gardener's exclusion. (a) A Franchise or Limited Collection Permit shall not be required for the occasional removal of Green Waste as a result of significant tree trimming, gardening or landscaping activities generating waste beyond that which can be placed in a Container. (b) City contractors conducting landscaping and tree trimming activities are not eligible for the Gardener's exclusion and shall divert all green waste from the landfill and dispose of the waste in a legitimate composting or alternative fuel facility or use the waste as cover material at a landfill. City -contractors shall report such diversion activities to the City, as further specified in the services agreement. Section 8.16.600. Commercial recycler exclusion for source -separated recyclables. No provisions of this Chapter shall prevent a recycling business from contracting to collect source -separated recyclables that are donated or sold to that recycling business by a Customer. "Source -separated recyclables" within the meaning of this subsection means recyclables that have been separated from Solid Waste for the purpose of sale or donation, that have not been mixed with or contain more than incidental or minimal solid waste, and that do not have a negative market value inclusive of collection, transportation, and disposition costs. This exclusion does not apply if the material collected is hauled for a net fee. 26 DWISION 6. CONSTRUCTION AND DEMOLITION WASTE Section 8.16.610. Construction or demolition waste. Every Covered Construction Project shall Divert at least seventy five percent (75%), measured by weight, of all Construction/Demolition Waste generated by the Covered Construction Project. Construction Permittees working on exempt projects are encouraged to Divert as much Construction/Demolition Waste as practicable and to report the Diversion back to the City. Section 8.16.620. Covered projects. (a) The Diversion and reporting requirements of this Division apply to Construction, Demolition or Remodel projects of 1000 square feet or more. (b) The Diversion and reporting requirements of this Section shall not apply to the following exempt. projects: 1. Any Construction, Demolition or Remodel Project of less than 1000 square feet; and 2. Any Construction, Demolition or Remodel Project that does not require a building pen -nit and does not generate Construction/Demolition Waste; and 3. Any project that requires emergency demolition in order to protect the public health or safety as determined by the Manager prior to the issuance of a demolition permit; and 4. City Public Works projects. Section 8.16.630. Construction/demolition hauling permit. (a) No Person or Solid Waste enterprise shall remove Construction/Demolition Waste within the City without first obtaining a Limited Collection Permit under Division 4 of this Chapter. The City shall maintain a list of all permit holders and Construction Pen-nitees shall only use a permitted Hauler for removal of Construction/Dcinolition Waste, within the City. (b) In addition to the requirements in Section 8.16.470 above for Limited Collection Permits, an application for a Limited Collection Pen -nit to Collect Construction/Demolition Waste shall also include the following information: 1. The type and amount of materials and waste material that the hauler is capable of transporting. 2. The number of vehicles that the enterprise utilizes and the types of containers the hauler uses to collect Construction/Demolition Waste. 3. The name, address and contact information for the Waste Disposal Facilities where the hauler will take diverted material and where the hauler will take waste. 4. Such other pertinent facts or information as the. Director may require including but not limited to evidence of state certification, evidence of previous experience, and demonstration of reliable and safe equipment. 27 (G) In order to be legally qualified to obtain Limited Collection Permit to Collect Construction/Demolition Waste, the applicant shall: 1. Be willing and able to comply with the provisions of this Code, applicable law, and all requirements of the pen -nit; and 2. Have demonstrated ability to remove and transport the required Constiuction/Demolition Waste to the appropriate Waste Disposal Facilities. Section 8.16.640. Deposit required for covered projects As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, every Construction P6hnittec shall post a cash deposit, letter of credit or cashiers check in the amount of fifty dollars ($50.00) for each estimated ton of Construction/Demolition Waste, but not less than one thousand five hundred dollars ($1,500) and not to exceed five thousand dollars ($5,000). The deposit shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the Director, that no less than seventy five percent (75%) of Construction/Demolition Waste has been diverted. If a lesser percentage is diverted, a proportionate share of the deposit will be returned in accordance with a formula established by the City Manager. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Section. Section 8.16.650. Condition precedent to issuance of buildinjy or demolition pernlit_ As a part of any application for, and prior to the issuance of, any building, grading or demolition permit for a Covered Project, the Construction. Permittee shall submit to the Director of Public Works a properly completed "Recycling and Waste Reduction Application" on a fonn prescribed by the Manager. The application shall contain an estimate of the weight of Construction/Demolition Waste to be generated from the proposed Covered Project and identify the pen-nittcd Construction/Demolition Hauler for the project. The City shall not issue a building or demolition permit until the Director of Public Works accepts the Recycling and Waste Reduction Application as complete and accurate. Section 8.16.660. Revocation. (a) Failure by a permitted Hauler to comply with the Diversion and/or reporting requirements of this Section will result in automatic revocation of the Limited Collection Permit. A hauler whose permit has been revoked shall not be eligible to reapply for a new pen -nit for a period of three -years (3) from the date of revocation. (b) The Director may also revoke a permit for failure to meet the requirements in Sections 8.16-520 and 8.16.630. Section 8.16.670. Records. PAV During the term of any covered project, the permitted hauler shall keep records of the amount of waste disposed and diverted in tonnage or in other measurements approved by the Director that can be converted to tonnage. Section 8.16.680. Reporting. (a) Within thirty (30) calendar days following the completion of any Covered Construction Project, the Construction Permittee shall submit under penalty of perjury, and as a condition precedent to final inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the Director establishing compliance with the requirements of this Division. The documentation shall consist of a completed "Recycling and Waste Reduction Final Compliance Report" showing the weight of materials disposed and diverted, supported by evidence satisfactory to the Director, which may include originals or photocopies of receipts and weight tickets/invoices or other records of measurement from recycling companies and/or landfill and disposal companies. Receipts and weight tickets may be required by the Director to verify the amount of Construction or Demolition Waste generated from the site that has been diverted. (b) If a project involves issuance of more than one permit, demolition, grading or building permit, the report and documentation for the demolition and/or grading permits shall be submitted to and approved by the Director before issuance of a building permit. Section 8.16.690. Monitoring responsibility of Director. The Director, or designee, shall monitor each Covered Construction Project for compliance with this Section. Section 8.16-700. Permitted _waste. Only Construction. and Demolition Waste shall be placed in Construction/Demolition Waste Containers. The Construction/Demolition Waste Hauler shall be responsible for ensuring that Solid Waste from non -construction activities is not placed on the Construction/Demolition Waste Containers. If non -construction Solid Waste is being generated at a construction site, a Solid Waste Container.from from the City's Franchised Hauler authorized to collect Solid Waste at the, Premises shall be placed on the property and used for collection. Section 8.16.710 Implementing regulations. The Director of Public Works shall have the authority to establish regulations for the implementationI of this Section, and when duly established, such regulations shall be in full force and effect. DIVISION 7. ENFORCEMENT Section 8.16-720. Penalty for violation of chapter. M It shall be unlawful for any Person to violate any provision or to fail to comply with any of the requirements of this Chapter. Any Person, violating any provision of this Chapter or failing to comply with ally of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.04.010. Section 8.16.730. Enforcement. (a) 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, preliminaty.or permanent injunction or in any other maimer provided by law for the, abatement of such nuisances. (b) In addition to the remedies set forth in this Chapter, violations of this Chapter or a Franchise Agreement may be enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the Collector operates. (c) The remedies provided by this Chapter are cumulative and in addition to any other criminal or civil remedies. Section 8.16.740. City prosecutor and city attorney enforcement authority In addition to any other general functions, powers, and duties given to the City Attorney and City Prosecutor by this Code or California law, those individuals are authorized to: (a). Prosecute on behalf of the people all criminal cases and on behalf of the City all civil cases for violations of this Chapter including, without limitation, administrative or judicial nuis ance abatement and suits for injunctive relief; and (b) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the City under this Chapter. Section 8.16.750. Civil action by authorized recyclinJ4 al4ent Nothing in this Chapter limits the right of any Collector to bring a civil action against any Person who violates Califon -da Public Resources Code §§ 41950-51, nor will a conviction for such violation exempt any person from a civil action. Section 8.16.760. Removal of unauthorized container in the public right of way. The City and Collectors may remove unauthorized Collection Containers located within the City's public right-of-way that have been placed by or belong to haulers that are not authorized to collect Solid Waste in the City. The City may recover from the unauthorized hauler any costs associated with impounding and storing an unauthorized container. Upon notification from City, or Collector's locating of an unauthorized placed Container, Collector may begin the following procedure witl-dri twenty-four (24) hours: 1. Collector shall first place a notice on Container that: 30 a. Directs the unauthorized hauler or its Customer to remove the Container within twenty-four (24) hours of notice and if not removed, that the container will be impounded; b. Cites to this Section of the Municipal Code; c. Indicates where the impounded Container may be retrieved and the estimated impound and storage costs; and d. Wan -is that, should a second Container belonging to that company be found in the City in violation of this Section, that Container may be removed and impounded without warning. 2. If the company can be identified and its address ascertained, City or Collector shall mail the notice as well. 3. Collector shall notify City of the notice and request written authorization to impound the Container. 4. With City written approval, Collector may impound the Container if it has not yet been removed by the illegal hauler. S. For subsequent violations by the same company after the initial notice has been posted, the Collector has mailed a warning to the company if an address is ascertainable, and after having received written approval from City, Collector may remove company's Containers immediately, mailing a notice if address is Imown as to where the Container may be retrieved and impound and storage costs. If address is unknown, Collector shall place the notice as close as feasible to where the Container was located. SECTION 2: This Ordinance shall apply to all Franchise Agreements in effect on the effective date of this Ordinance. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's- book of original ordinances; make a nate of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will become effective on the thirty-first (31st) day following its passage and adoption. 31 CHAPTER 8.16. SOLID WASTE, RECYCLABLE ANOCC}MP(lSTABLE MATERIALS COLLECTION* *Editor's note: {}[d. No. 02(1935). § 1. adopted Feb. O. 1986. repealed Ord. No. 02A(1880). adopted July 5.19S4.which comprised this ch. O.10.and §2OfOrd. No. O2(19SO)enacted similar new provisions as herein set out. ForOO8rly, this chapter consisted of §§ 8.16.010-8.16.270 and 8.16.410-8.16.450. Cross references: Outdoor festivals, ch. 5.88; environmental protection, ch. 8.12; abandoned o[inoperative vehicles, §10.2O.O1Oetsoq.;sewers and sewage disposal, §13.00.O1Oetseq. State law references: Garbage and refuse disposal, Public Resources Code §4BOOOetsoq.; authority togrant franchise, Public Resources Code §4&O5S. - DIVISION 1' GENERALLY Sec. 8.16.010' Legislative policy. The city council finds and determines that the stonsgo, eccurnUlation, collection and disposal of refuse, t[aah, nUbbiSh, solid waste, debris and other discarded [natoha| is o matter of great public conceFO, in that improper control of such matters creates a public nUisaOce. which ma ' lead to air pollution, fire h��8Fdshazards., illegal dumping, insect breeding and rat infestation and other p[ob|enna affecting the hea|th, vvm|fens and safety of the residents of the city and surrounding cities. The city council further recognizes that recycling and waste reduction is of national, [egiVn8l, and local importance, and that the adoption of uniform regulations for the collection, diSposa|. recycling, and transportation of solid vvaste, recyclable and coDlpostable materials as provided in this chapter are designed to eliminate or alleviate such problems. (Ord. No. 02(1996). §2. Sec. 8.16'020. Definitions. For the purpose of this dloote[, the following words and phrases are defined and shall be construed as hereinafter set out, unless it in apparent from the context that e different meaning was intended: AB 839 Onaana the state Integrated Waste Management Act of 1989 (Public Resources Code 8 40050 miseq.). as it may be amended from time to time, and as implemented by the regulations ofthe state integrated waste management board. A8 938 achnin/ob8bve 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 1988 (AB 939\. Any fee or assessment imposed under this chaoteF, shall be those which the city council may from time totime hereafter approve byresolution. Animal waste means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic aDinOa\a or commercial |ivmotock those Bins rmeansth containers provided by the pe[[D�tQB for cO[D0enCi8|. indUsindustrial,cons�Uc�oOBOdnOu|--nl\k/na�dsO\ia|D�Uses. |iDsare UsUeUVtwo tosix cubic yards iOsize, which onspickedupbv 'Se trucks bvmeans Offront loading oppa[otUs. Bulky goods means discarded hDUSeho\cifUnnitUna. furnishings or appliances, including vv.it� goods; automobile p@�s, including tires; nock or brick in roUaob|e form; carpets; '' "" mattresses; large branches; trunks; StUOpS or limbs of trees in bUDd\8e not exceeding 18 inches in diameter or four feet in length and other items the size orweight ofwhich precludes or complicates their handling by normal CoUectiOO, processing or disposal methods. City means the City of 0ernoOd Ba[ City clerk means the city ded( of the City of Diamond Bo[ °` 8vlim/tS means the t�boundaries of the City, together with all amendments and changes incorporated iO this cheptor by reference and thereto, which boUOd�[\eS �[� shown by maps 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 etoFes, offioas, governmental institutions and other coOO[ne[cie\ soUrces, excluding single-family residential solid waste. [Cio\ business, in�USt[ie| nornp|�X certainmultifamily(�O07O18FCi8/uOd[nnaDs�DyconDOne . . Units any [nobi\8hD[ne pa[k, any hotel o[- motel, any office bui|ding, or retail establishment which utilizes bine or other conta\ne.o, as defined in this chapter, for the collection of solid waste and recyc\ob|oa. Co07pOstab/e n7eb*ria/a, green N/aG/8 or yard vVG3/8 means \eaVea, grass d\pp\Ogs, brush,branches and other forms of organic waste generated from landscapes or gondens, separated from other solid Vvest�� (�ornpostob|� materials does not include stumps or branches di 18 inches in diameter or four feet in length. inbund|aseXce� ng no . Cona/D/o/k)O and demolition waste means the waste building nneter\a|s, pockaging, p|egte[' dryvve||' cement and rubble resulting from construction, remodeling, repair and to buildings and other structures, except demolition operations on pavements, asbestos -containing materials and [eUSob|o rock or brick. COUnC0 means the city council of the City of Diamond Bar. means nans the act of discarding refuse in a safe and legal manner in accordance with the provisions of Chapter D with no intent of recovery, reuse` repair, or recycling on the part of the generator. e a o D/ve[o/nD means the act f diverting refuse or solid waste frfromdispose| for the purposes ofrecovery, rmpair, reuse, or recycling. GonbaDm' refuse or solid w/o3tB means putreacib|m and nonput[escib|e solid and semisolid material generated in or upon. related tothe occupancy of, remaining in or emanating from residential or commercial/industrial Units, such as ordinary household gerbage, refuse, rubbish, pope[ ashes industrial wastes, demolition and construction wastes, as well as, dead an\nnm|of|es' than `0 pounds inweight, every accumulation ofanimal waste, vegetable or other matter which results from the pr000esiOg, cnOsUO0otioO, decay or decomposition of nOe8Ls, fishfowl, birds, fruits, Q[BiDa or other animal or vegetable matter normally resulting from do`^estic iOatitUtioO3|, commercial, industrial, egriCU|tUr8\, and other community activities, and ot''~`[ discarded wastes as defined in Public Resources Code § 49503. but excluding certain vvuia| -ate and materials Set out for recycling, and composting. Solid waste shall not include any hazardous wastes eodefined herein. Generator means any peFson, property owner o[manager, teOaOt, ocoupant, business, service, lessee or lessor, iDatitution, o[other source that produces refuse or solid waste for disposal and/or diversion. Hazardous Vv88tn Dl8eDa any waste nlat8[i8\s or nOiXtU[8 of wastes defined as such pursuant to the Resource Conservation and Recovery /\ot. 42 (]8C 6901 et seq., or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 42 USC 8601 et seq., and all future onleDd[neOts to either of th8rn. or as defined by the state environmental protection agency or the state integrated waste [OoOagenOeDt boo[d, or either of them.Where-there is 8 conflict iOthe definitions employed by two or more agencies having jurisdiction over hazardous orsolid vvoste. the term "hazardous waste" shall be construed to have the broader, more encompassing definition.. Industrial mx2Gte rneaOa all solid waste and semisolid waste which results from industrial processes and manufacturing operations. MVltifaCnJv units means residential units such as apartments, condominiums and tOvVnhoDleS, other than single-family dwellings, which utilize bins or Otho[ containers as defined in this chopte[, for the collection of solid waste and [ocyc|8b|es. Municipal solid waste Olo8Os all solid waste generated within the city which is designated for collection under this dhepter. 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 oo||eot\oO of, and to collect [efuse, rubbish and other forms of solid waste; CD Transport to landfill or other licensed disposai�facj|dios as determined by the � � �nD\�ea unless otherwise city; and permittee, -' ^. GA RecVde green from collected rafuae, cornposba6es and recyclable materials, all solid ` ' waste,^ vvaate and [ecydab|es k8ot, generated and/or accumulated within the city. Permittee means the individual, firO, co[po[atoO, asaodation, or group or combination acting as a unit that has been authorized by the city council to collect refuse within the city pursuant tothis chapter. Public highway means any public street, alley, [oed, public place or highvay, eX000 t state freeways, pan to and used bythe travelling public and not used as a private right-of-way within the city. residential or commercial/industrial units which is OO longer useful or wanted and has the potential of being PaUs8d or processed into afonn suitable for reuse through reprocessing or naFnanufectUne. consistent with the requirements of the state Integrated Waste Management Act of 1989 (Pu�|ic Resources Code §4DO5O etoeq.). Such material nOayinclude, but is not limited to pe''8r, newsprint, printed matter, pasteboord, paper coOtaiOe[S, ooFdboard, glass, aluminum, PT and other p|eatioS, beverage contoiOers, cOmpOstab}e materials, used motor o\\ and such other [Doteha|o designated by the city [nonegm[, or designated as racyc|ub|es by the state's integrated waste [ngOog8nneDt board, or other agency with 'UriadicUUO, and which are collected by8permittee pursuant tothis chapter. Recycling container nleeOa B container ofa siZ8, deeigO, and weight prescribed by the city council by resolution and delivered to residences covered by this chapter, for the temporary storage aOd'oo}}ectioO of [ecyC|ab|es. Refuse collector rneBna any person or pBrsnOs, firO, copartnership, joint VeDtU[e, association or corporation engaged in the cnl|ooUon, transportation and/or disposal of solid waste and/or recyclable materials. Residential solid waste Fn8ens 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 VVaatS which may be found to have been placed in the residential solid waste stnaerD. /7eShdeDti8/ UOd means any etrUc[UFa occupying one or more parcels of land which contain or have located thereon o single-family residence or in some situations a multifamily dwelling used for living purposes. Scavenging means the uncontrolled and unauthorized ns[nove| of any recyclable mateha|s, o� defined by Public Resources Code §§ 41850 and 41951, o[solid waste without a permit pursuant tothis chapter. Single-family residence or single-family dwelling means a detached building, or each unit of o duplex or 'rip|eX. of permanent character placed in a permanent |ocation, which utilizes one or more individual residential type solid waste containers. Solid waste container means a container ofa 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 abin used byamultifamily unit. SomC/a/ m/�3/e means any solid waste listed in the state Code of Regulations tit. 22. & ' t which h been classified on u special vV�st� by the city council, including, O674O. oronyvV@S ee� ee vY � . . but not limited to, any material which because of its source of generation, physica|, ohenAica|, or biological characteristics or Un\qUm disposal practiceo, is specifically conditioned in the solid waste facilities permit for handling and/or disposal. Truck means any trUc k, t[ai|er, eernitrai|e[, conveyance or vehicle Used or intended to be used for the purpose ofcollecting refuse ortohaul oFtransport refuse. Cross references: Definitions generally, § 1.00.070. Sec. 8'16.030. []O(8VVful collection. No person eheU collect o[transport refuse or recyclable material within the city unless such person is o permitee, as defined in this chaoter, or is exempt in accordance with subsections (1) through /D"\ of this section. No p8[sOO shall permit, allow or enter into any agreement whatsoever for e collection or transportation of refuse or recyclable material from any residential o[commercial units with any person who is not apermittee as herein defined � [Dli��d �n subsections /1\ through (8\ of this section. except �ap� ` ' , , (1\ The collection and removal Of grass clippings, p[UDiDQS. Sh[Ubbe[y, and similar` ' materials by individual residentsand by individuals doing business as ''' professional landscapers, tree trimmer orother persons engaged \nsimilar trade, when collection direCt\y. related to their work, shall be exempt from the provisions ofthis chapter. (�\ A permittee shall not be required to collect hazardous waste or other dangerous `—' materials 8opart of \t�regular collection activity. Liquid and dry caustics, acids, infentiouo, fla[nOnob|e. explosive Oleteh8|s, iOsocticidea, and similar substances shall not be deposited in collection containers. Any person collecting such substances sho|l, in addition to any naqViFeDleOtS of state and federal |avV, obtain ape permit therefor pursuant to ihe provisions of this chapter. /3\ Infectious medical vVaatB` as defined in Health and Safety Code 0 25117.5. as ` ' aOlaOd8d from time to time, or any successor provision Or provisions thSretn, 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 On8toho|s only in the manner approved by the county health officer ordesignated deputy, and in accordance with the Health and Safety Code. D\epoS8} of infectious medical waste shall be conducted pursuant to a permit issued under this chapter in addition tnany requirements imposed bYstate law. �4\ No provision of this chapter shall prevent the occupant of a residential unit or ` ' commercial Unit from selling to @ buyer` for o monetary or other valuable coOoid8rotioD, any source separated [8cyc\ab\es, including without limitation, any #a L saleable acrap, discard, reject, bypFodUrt, ferrous or nonferrous metal, vVornout part,^ or defective p�. Vnk, p'Uet, packaging material, paper or other similar item generated in, on or by o residential or commercial unit, and no longer useful to the eoFne, but haying no market value, whether such buyer is a recyder, junk dmm|e[ or other oOterphse enter in the business of buying and marketing sUch ` materials in the etna8[n of commerce; pnoVided, hovveve[, that such buyer is notengaged in the business of collecting solid vvBatefor afee o[other charge or coneconsideration, and that no such Fnm�ha t | are transported for disposition to a a landfill ortransfer station asdefined inPublic Resources Code §4O2OO. /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 f-- emanufacture of new products shall not be exempt from the provisions of this chapter; hovave[, such activities may be subject to the provisions of a separate permit sdthe discretion ofthe city council. (8\ No provision of this chapter shall prevent the occupant of e residential unithorn ` ' collecting and disposingof occasional loads of solid vVeote generated in or on th t the | of refuse is at their residential premises; provided, however,a m Fmnnova least as often as prescribed in section 8:16.150 of this chapter. [7\ The destruction disposing ordis/osing ofsec[ot` cOn�deObal, or sensitive documents by ` ' means of shredding, |-[OpiOg. incinerating, O[other methods, including the use �destruction ordispo�o| service eheU b� �Xennoif[onn of an authorized do�UnO�D. the p[oViS\oOS of this chapter. (8) NO pn]Via\On of this chapter shall prevent e licensed contractor having 8 contact for the demolition or '-oOOst[Uct\oO of a bUi|diOg, strUctuFe, pavement, or \ b| items or construction and concrete iDstaU8�on from marketing any saleable demolition waste salvaged from such demolition or naoonet[UctioO, or from causing such salvageable \tBnns or construction and dernn\iUoO waste to be removed and transported from the premises on which such waste or salvageable items are gene[oted, pursuant to the provisions of the demolition or construction contract, subject to the following: a Such noUec�oO, removal and cUepoea\ activity shall be only by the ' licensed contractor having the contract for the construction or demolition ~ vod<that generated such vVaSte, or by regularly employed personnel carried on the licensed contractor's payroll records esenemployee; dt remove such salvageable items or b \fasubooDtr�Cto[\etO be engaged O � construction and demolition waste, any permittee shall have the right of first [ofUGo| to provide such services. If any permittee cannot guarantee such services VvU\ be provided within m period of 24 hours,- at e cost of so[vice not in excess of the licensed contractor's designated subcontractor, then the licensed contractor may utilize the services of the long as designated subcontractor, so \ the designated subcontractor has obtained e limited permit in accordance with the provisions of section 8.16.460. (Ord. No. 02(1996). 82. 2-6-96; Ord. No. 01(1988). § 1. 2-3-98\ Sec. 8j6.040' Cu|lgGti0n in emergencies. ha\ In the event that the collection, transportation and/or disposal services ofapermittee are temporarily interrupted or discontinued for any of the following na000Ds: riots, vans . sabotage, civil disturbances, insurrections, explosion, natural disasters such oafloods, earthquakes, landslidesano fires, strikes' |oukoVhseOdothe[iabordiotU[banceso[othor catastrophic events which are beyond the reasonable contnz\ofepeOndtee . for aperiod of more than 72 hours, and if as a result thereof, rofuse, co[npnx\eb|ee and necydab|es ^h should accumulate in e city to such an mXtont, in such a manner, or for such a ti -me h |d find that such accumulation endangers or menaces the that the c\{Y manager s oU the city shall have the right, upon 24-hour prior written public health, safety o[ welfare,h d o f U:h ernergencyto isuuo limited permits to p notiom to a permittee, during th� Pe V a of the services regulated by this chapter private persons orcorporations toPe�orn«anYequipment oa nt zd facilities of � permittee temporarily take possession of any or all qu prne u/� previously used in the oo||nction, transportation and disposal of refuse, connpostab|8s and [ecyo|ob|es under this chapte[, and to use such equipment and facilities to collect and transport any or all refusm, cornpostsb|es and recyclables which a permittee would otherwise be obligated to collect and transport pursuant to this chapter. /\permittee agrees that in such 8NaOt it will fully cooperate with city to effect such e transfer of possession for the city's use. (b\ A permittee agrees that, in such 8VeOt, the city 8ytake teDlpO[@rV possession of and ' ' use all of the equipment and facilities without paying a p8[Ol\ttoe any FBOt8| or other chorge, provided that the city agrees that. in such eVBDt, 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 211 of the 8boV8rOen1ionSd property to a permittee upon receipt of written notice from a permittee to the effect that it isable tOresume its normal responsibilities under this chapter. Sec. 8.16.050. Hours ofcollection. /�\ CoUec�oO�onOFeSiden�e|areas ohuUbeOladabetwxaonthe hours ofO:3Oa.[n. and 6:30 ' ' p.[n., on weekdays only. Collections from coD1018nci8| and industrial locations may begin at O:OO a.m.; pFovided, hoYVeVer, that the pe[nnittee'a operations do not disrupt the peace and quiet of adjoining [BS|deDtio| neighborhoods. The city manager may require o permittee to change hours of operation in CocnDle[cia| and industrial areas if it can be determined that the operations have 8 detrimental effect upon the peace and quiet of adjoining [8aid8Oti8| neighborhoods. /b\ |n order to prevent problems of traffic, noise, wear and tear to public highways, or other ` ' pob|oOls having the potential to adversely affect the hes|th, safetv, and the general � quality of life of the oOnnUDity, the city council may, by resolution, regulate the routes, interVa|s, delivery points, and days for collection by permittees operating within- the city from time totime hereafter. (c) The city council may waive the requirements of this section when necessitated by conditions beyond the control ofthe permittee. (Ord. No. 02(1986). 8 2` Sec. 8.16.060. Refuse collection; spillage. A permittee shall exercise all reasonable tare and diligence in collecting refuse and recyclable rnataha| so as to prevent spilling, scattering or dropping refuse` recyc\ob|en, or other waste and shall iOnnnediato|y, at the time of occurrence, dean up any such spillage. (Ord, No. 02(1996), §2. 2-6-9EA Sec. 8.16.070. Residential refuse containers. /e\ A permittee shall, at a minimum, provide a 64 -gallon container or suitable alternative, as ` ' approved by the city manager, for the collection of nsfUem from single-family residences within the city. Any container provided by a permittee, pursuant to this section, shall be at e pernnittee'a 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 DO less than 64 gallons of acceptable CoOnDling|ed [ecyc|abl8e as defined bvthis 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. (r\ /\ permittee shall provide an automated, standardized container capable of storing On `-' less than 04 gallons of acceptable yard waste including grass clippings, |eoVeo and other yard work d8bris, other than oversized branches or tree limbs, It shall be the duty ofevery tenant, lessee or occupant of any residential unit to maintain the containers in e reasonably safe and secure manner. /d\ If o container for storing yard waste is refused by a customer for [e8sOO that yard ` ' wastes are g[eeS cyn|ed. Co0posted, or otherwise diverted, it shall be the duty of the customer,inc\UdiOgbut not liroiiedtOevery lessee, tenant, o[occupant ofany residential that ndvYast��ensectUe|�ynaC�C\Bd co[npoo1�d and/or grass cycled iD unit, to assure 8 �8 . . asafe manner either oDthe premises o[with 8gardener O[landscaper. shall use his or oOntmiDe[. bag, box n[other (�) No tenant, lessee, or occupant s . ` ' ' device for the purpose of setting Ui out nafUSe or r8cyo!ab|os at the curb. for collection by a permittee. However, barrel -served custonOers can opt to purchase their containers from opermittee, with osubsequent discounting ofthe monthly rate. /M No tenant, |ess8e. Or occupant shall knowingly dispose of any recyclable material as `�' defined by this chapter, unless such material is not collected by a permittee. (Q\ Except placed in accordance with section 8.16.090 hereof for collection purposes, ` ' refuse containers shall b� kept and nn�\DtBin�d only in storage locations permitted by ~ t| the uitvzoOiOg o[diDanco, as the same presently exists oras may be amended from time t`tir0e 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 or other Vecto|n, and tocontrol odors and the potential for wind-blown litter. (Ord. No. 02(1996 ). 6 2. 2'6-96; [)rd. No. 12(1999). G2. 10-5-89\ Sec. 8.16.080. Commercial refuse bins. [e\ Apmnnishalle shall collect and remove all solid waste been placed iDbina.fn)nn `-' all commercial, industrial, ond multifamily units within the city at least once every week, o[more frequently if to handle thevaste stream of the premises where the bins are located. Aperni���shall provide a bin suitable toeach commercial, industrial and nnu|tifonnUy 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 constructioD, watertight and shall be equipped with a tightfitting metal or plastic cove[ The use of oil drunOs of 50 -gallon capacity or more is specifically prohibited. (c\ No property owner, manager, tenant. |esnee, o[occupant shaU knowingly dispose of any recyclable ' n/ ` ' \ material as defined by this chapter in any refuse bin or other storage device, e unless such material is not collected by o permittee. (Ord. No. 02U996\. §2. 2-6-96; {}nj. No. 12(1999). 0 3' 10-5-99) Seo' 8.16'800. Placement ofcontainers for collection. It shall be the duty of every person having charge and CoDtnr| of any nasid8OUa| or uO[OOlonci8| unit to set out or place containers OF bins for the collection of [nfUse, nsCyc|ab\ao. connpoStab|e [nateha|s, miscellaneous debris and combined rubbish and/or other solid waste, as follows: M\ Any container used for the purpose Of reception and PernoV8l of refuse or recyclable materials shall be placed at the curb in front of the residential UDit, or the alley in the na8[ of each residential unit; except where alleys having 8CC8so to public highways at each end eXist, collections shall be made from such alleys; pnovided, that this provision shall not apply to a blind alley oFalley the width of which will not a6conn[nodatethe vehicle used for collection. _ C2\ No person ah8U p|ooe, o[cause to be placed, any refuse orrecyclable nnatoho|. or bin used for the collection of refuse or recyclable materials from commercial and D1U|tif8Oli|y Unite, 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 St[83t, a|ley, or thoroughfare. Any container or bin placed on the public street, 8U8y, or thoroughfare aheU be properly barricaded against traffic, and all debris resulting from the |ooeUoO and use of the container or bin shall be removed at the end of the day in which it was placed in the public atnaet, alley or thoroughfare. ([)nd. No. 02(1996), 82.2-O-98) Sec. 8.16.100. Time and date Ofplacement Of containers. /o\ No person shall o|8Ce. or CaUSB to be D\8oed. any refuse or recyclable nlateha|, or container or bin used for the collection of refuse or recyclable nOoteha|s. in any public highway or in any place or in any manner other than hereinabove pFoVided, or at any time other than the days established by the city for the collection of such refuse or recyclable Oneteha| on the particular route iOvo|ved, earlier than sunset of the day preceding the day designated for coUeotion, and all containers and bins ahe|| be removed from the place of collection prior to 10:00 p.m. on the day the containers and bins have been emptied. /h\ Each nvvOar, occVpant, tenant or lessee of o residential or commercial unit shall maintain the eorne in o sanitary condition. Should any container orbin not be emptied and the contents removed oOthe date and time aohodU|nd 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 ofthe refuse. (c) Refuso, reovdab|es, coOlpoateb|ee, salvage and other special waste, as defined harein, which aXoaeda the limitations hereinabove set out may, in the discretion of the pmrnnittoe, 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 phn[ approval of above-mentioned occupant of the premises and - subject to Octsubiectto 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 citv, or a pernittee'S' age nts or employees authorized for such purposes shall tamperor meddle with any container or bin used for the collection of refuse and r�cyclb|mS.o[the contents thBneOf. nrremove the contents Ofany container or bin, or remove any container o[bin nuOthe location wherethe same shall have been placed by the owner thereof or owner's agent. (Ord. No. 02U996\. G2. 2-6-96\ Sec. 8.16.110. Refuse removal. Pursuant to California Administrative r0iOist[otVe COda tide 14. chapter 17.331H. all refuse created, ci | U produced or accumulated in o[about 8 residential unit o[Coenna unit shall be of i� the city of the removed at least once each week. No p8[SoO who is the occupantany above-described premises She\\ fail or neglect to provide for the Po[Oova| of refuse at least as often aeprescribed iDthis section. (Ord. No. 02(1986). G{l, 2-6-96\ Sec. 8.16.120. Refuse disposal. (�\ once refuse,co[npostab�s and naCyd@b\eS are placed in containers or bins for ` ' collection fRo''' residential pns[nismS ownership SheUtransfer d|nsoUyto the permittee by operation of law (Public Resources Code §41B5O(c)\. Subject tothe peOnitto e'sduty to meet the source reduction and recycling goals which apply to the city. the permittee is hereby granted the right to FeteiD, nycyc|8, oOnpost, dispose of and otherwise use such [ofUse, coFDpoSt3b|es and r8cyciab|ea, or any part thereof, in any lawful fashion or for any lawful purpose desired bythe permittee. /b\ The permittee shall have the right to retain any benefit or profit resulting from its right to ` ' retain, recycle, compost ordispose oforuse the refuse, coOpostab|ee and reoydob|es which itcollects. At no time does the city obtain any �ghtofownership or possession of solid waste, \ b| placed for coUeotion, and nothing in this chapter shall be construed as giving connpostab|ee. or r�cy�a�s hsato 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 ^the[ laws imposing liability for defective prodUCta, it. is the permittee, and not the city which -is to be considered the ''[OerohoDt" of goods recycled pursuant to this chapter. (:) The city, at its sole discretion, oho|\ retain the right to direct which solid waste disposal facility, transformation facility, transfer Stotion, or material recovery facility shall be used t s and dispose of solid waste and by the permittee to retain, recycle, compost, Process, construction debris generated within the city, tothe extent permitted bylaw. (Ord. No, 02(1996).G2.2-6-96\ Sec. 8.16.130. Special p[UViSiOOS regarding method Of diSpOSGi (�\ The removal of wearing from eppor�|. bedding or other na1uoa rn ra sideOU a | units or other ` ' places where highly infectious or contagious d\noosos have been present shall be performed under � d the supervision and direction of the county health officer, and such disposal. �� Highly flammable or explosive or radioactive F8fUae �h�not be placed in containers or `-' bins fornagu|8[' collection and dispooa|, but shall be removed under the supervision of the city 8tthe expense ofthe owner o[possessor ofthe material. (c\ Refuse or other solid waste containing water or other liquids She|| be drained before ` ' being placed in a container or bin. Matter which is subject to decomposition shall be wrapped in paper orother material before being placed in e container o[bin. /d\ No hazardous material, as defined in this c heotBr. or any other dangerous substance capable ofdamaging clothing D[ causing injury the person shall be nixed or placed with any rubbish, solid waste or other P3fUsB which is to be coUected, nanoV8d 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 orcity for such removal. (e\ Animal waste, as defined in this chapter` shall not be placed in containers or bins for ` ' regular collection and disposal, but shall be removed at the occupant's expense. (f\ /\ permittee may, but is not required to, provide such no||oction, transportation and `' disposal services for special vV3nt8s 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 8 permittee and the cUetO0e[ generating such special wastes. (g\ /\ permittee, at the p8[rnittee's So\8 eXpensB, shall collect up to five quarts of ` ' uncontaminated vv3ate 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 UsU8| refuse collection in e 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 O-�- additional charge to service recipients. A permittee shall exercise all reasonable care and diligence Ui�cnce iO collecting waste motor oil so as to prevent spillage and shall, at the spillage vvith\Dfo�r�oV[e of notification by permittees' sole expense, C|oaO Upany such ap agB the city. /h) No property ovvne[, manager, tenant. |osaee, or occupant shall knowingly dispose of any ` ' recyclable material as deFOed by this chapter in any bin o[other storage device. unless such material ianot collected by@permittee. (i\ In addition to the requirement of subsection (g), a permittee shall collect orprovide for `' the collection for Up to 15 gallons or 125 pounds of select household hazardous waste (HHVV\peronnUOlperhousoho|doDefaeforserVioebaais.TheHHVVaha\|oD|yiDc|ude water-based oaod paiOt. car and household bettB[ies, and antifreeze. (Ord.No. O2(1/S6).§2.2-O-9O;Ord. No. 12(1S99).G4.1O-5-9g\ Sec. 8.16.140. Burning, burial or dumping. ia\ It shall be un| .| for any person to piams, depositor dump, or cause to be placed, `-' deposited or dumped any solid waste, recyclable material, hazardous waste or infectious waste of any kind vvhu1noove[ upon any private or public property within'a distance o[ 1.000 feet from any public highway in the city, or within e distance of 500 feet frorn any residential or commercial unit, or to cause orsuffer o[ permit such solid waste, nacvdobks n8t8ha|, or infectious waste to be cd@ced, deposited or dumped upon �Vo�hiD � distance of 1,000 highway or any public Or private P'oP��`v 'OOO feet c� any pU�[ cOOOno�Fcio\ UOi� within the n\ty, within e distance of �OO feet from any residentialo tv f\reth8vingobteined ause pe[OOitpursuant tothe zoning |oVVsofthe city, coun'. oO withoutdstate,or pursuant to any other zoning \�that may be hereafter adopted in the place and stead of the zoning |ovS of the cjh/' The provisions of this section shall not apply to solid V8Ste' recyclable materials, h8Zo[doUa waste or infectious waste placed d by a PafUSe collector operating pursuant to a permit issued into a container for pickup ` under this chapter. (b\ No person shall burn,b or dump any RafUae` [BCVc|@h\e material, hazardous VVaete\o[ ` ' infectious VVaSte vVith/D -'' the City at any time, without having first complied with a|\ rums t t� South Coast /\i[ Quality Management District, and regulations of the City. the county, m orany other agency with jurisdiction. (Ord. No. 02M996\` § 2` Sec. 8'16.150. [)UrGtOD of storage. Pursuant to California Administrative Code title 14. chapter 3. section 17.331M. no nOU|ote any [efUS8 rubbish or miscellaneous debris in any container person shall S�o[� or ac�U � \ boV`e set fo�h. or any length of time other than as or at any location Other than as �[ene follows: ' (1) Refuse shall not boaccumulated o[stored for operiod oftime inexcess of: o. Residential UOda: one week (seven days); and b. ConO[DePoia| units: one week /SeVeO days). C2\ Recyclable materials ShEd| not be stored or accumulated for a period of time in ` ' excess oftwo weeks (14deya). /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\. 82. Sec. 8.16.160. Use oftrucks. Any personswho desire to operate privately owned [efuse, trash or recycling vehicles under s Unde[ prnv/s\ons of this chapter shall utilize vehicles that are registered with the state department of motor vehicles, and are of a size, weight, netUna and type to be n\nino|/_y intrusive on the community with respect to noise. emissions, maneuverability, . sefe tY. fuel eMjc\ency, and other factors necessary to minimize the impacts of the permittees' services. The city manager shall require the pernnitteeto remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be b|ovn, dropped or spilled therefrom. k]nj. No. 02(1896). G2. 2'6-98\ Sec. 8.16.170. NOparking Ofrefuse trucks oOany public highway. (a) No pa[sOn, b8twxa8O the hours of 8:00 p.m. and 5:00 a.[0, shall leave o refuse truck 8[k�don8OypUb|irhkz=hvvov P highway. (b\ �O person,between the hOU[o Of 5:00 a,[D, and O:OO p.m., shall a leave 8 refuse hook `-' parked on any public highway for more than one hOUF unless the city manager is notified that abreakdown o[emergency exists. (Ord, No. 02M996\. §2. 2-6-96\ Sec. 8.16.180-. Trucks --Equipment required. Each truck of permittee eho\| at all times have in the cab the registration of the t[UoK. 8 certificate ofinsurance aO @D �O d identification an accident o[emergency. Each �ht[uckshai| be equipped with e minimum 0f@ 20'poUOdfi[o extinguisher that has been certified by the state fire marshal. This fire extinguisher shall be recharged asneeded, but not1ep" thanonce annually. Vehic\esshall beequipped with ashovel and broom toclean upany spillage. (Ord. No. O2(1SgG).§2. Sec. 8.16.190. SarOe—SpeCifiCatiOOSand restrictions. ai AU trucks Used for refuse, [eCyc\Bb|es o[coOnpo Bb| e materials collection within the city shall berequired: (1\ To be completely enclosed with G OOD8bSorb8Dt cover while transporting refuse, ` ' rBcyo |8b}es or conpoStablematerials or other waste materials in or through the city. "--m`\-e|' enclosed with o nonabsorbent cover" means that refuse, trash, �8b| materials s��U not be visible fn�Fn the public highvvay, r�cyc\abieVrconOpos enn . t leak, nor shall any of the substances be permitted e O e� . spill orbecome deposited along any public highway. (2\ 8U trucks used in the course of refuse or recyclable materials collection shall be ` ' uniformly painted and identified by truck DUrnero\s. @ company logo, and local telephone* nu[Dbor in letters and figures no \eao 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 shoU benneirtoiDed\ngood and safe mechanical condition. Vehicles ` ' must conform to the state's Vehicle Code and all othe7 applicable laws and are subject to inspection at any time by the city or the state highway patrol. (Ord. No. 02(1996). 82. 2-6'96\ Sec. 8.16.200. Same --inspection. /e\ " E ch ofany peOnittee'strucks shall pass eatatu highway hav patnpatrolb\annua|inspocUon 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 ass ss a vehicle inspection. P (b) A decal may be issued by the city for each truck complying e. with provisions of this chapter which shall be placed on the truck in a conspicuous plac (Ord. No. 02(1996), § 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 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), § 2, 2-6-96) Sec. 8.16.220. Permittee's employees. (a) Each permittee must Provide high quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of the city in a courteous, helpful and impartial manner. (b) The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor, (c) Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the state. (d) The permittee's employees shall . be required to wear clean, identifiable uniforms when engaged in refuse collection service within the city. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.230. Charges for service. (a) Collection charge. A charge for the collection of refuse and recyclables shall be- imrefuse, posed on the owner or occupant of each residential or commercial unit to which ste collection service is made available. The monthly rate shall recyclables, and yard wa but must be structured to eliminate any pricing be determined by the permittee, b payers, to add incentives for waste inequities, subsidies, and penalties among rate 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 al unit to which the collection service is a made available. The city council hereby specifically finds and determines residential that and the periodic collection of refuse, rubbish, nd recyclables from all 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. (b) Rate adjustments. The permittee shall provide the city and the owner least 60 days ior occupant on f each residential or commercial unit that receives collection services, at 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 8statement ofthe reasons for the rate increase. (o) Billing and payment. Billing and payment procedures any as follows: (1\ The p8rmi�eesh8UbiUall cuStDDnB[ofor all services rendered, Vvhetherregular o[ ` ' special services. The permittee shall provide itemized bills, distinctly showing charges for all c|8sSincotiOOo of se/'iceS, iOc\ud\ng, but notlimited to. the charges for late payment, redelivery fees, charges for additional coOieiOe[s, and other special eerVioaa cOV8P8d under this chapter. The permittee shall designate that portion of 8 customer's bill attributable to any fees imposed Up0O by the city as e separate ihann on uUatD[Oe[s' bills. (2\ Upon 8 customer's [eqUeSt, the permittee oh3|| offe[a 15 percent discount to ` ' each household in which the head of household is 60 years of age or older. This discount iaapplicable toall services rendered bythe permittee. /3\ The city nOay, at the city's sole opLion, elect to bill residential units for refuse ` ' collection and recycling through a parcel charge. Should the city institute u parcel Charge' the permittee shall be paid for each residential and commercial Unit Served according tO8payment schedule dU\e 8s set forth by a separate resolution of the city council. Retroactive ad'VatDl8Ots shall be made on the basis of addresses of premises added B| ' the date added. P[oOliSBs ordered after the first ofthe month shall becharged oD8prorated 3O-doy/nOoOth|ybasis. (Ord. No. 02(1990). G2. 2-6-96; Ord. No. 13M999\' G5. 10-5-99\ Sec. 8.16.240. Right Ofchapter modification. This chapter is intended to carry out the city's obligations to comply with the provio|oOs ' tAct O(Public ^T . 1SO9 Fl8suurC�s Code Q4O5OO et of the state Integrated Waste ��oO�genD�D s'eq`\`as it from time to time may be aOeDdad, and as inp\mDeO_\ed by regulations of the state integrated v�at� management (regulations), 8sthey from time tntime may be amended. |nthe event that �3S orother state or federal iaVe o[ regulations enacted after this chapter '� s been enacted prevent orpnedUde coOlo|i8DcevV�h one or more provisions ofthis chate� such.o »��p[oVi�io"^~~'^eU be modified ursuspen' ed as may be necessary to comply with such state or federal laws ° regulations. The city speci�c8Uyretains the right torepeal, a[OeOd.addto.or modify each and every provision of this chapter. (Ord. No. 02U9960. §2. 2-0'96) Sec. 8.16.250. Right togrant franchise. The c\[y, SUhi8ct to eU applicable state laws, specifically retains the right to grant e franchise or franchises for the collection of refuse, recyclable and cornpostab|e materials from any residential or commercial units, (Ord. No. 02M990\. 82. 2`6'96\ Sec. 8.18,260. Penalty for violation of chapter. It shall be unlawful for any pereon, firn0, partnership, or corporation to violate any partnership, or corporation violating any provision of this chapter or failing to comptherly with a ny of ll its requirements shall be deemed guilty of a misdemeanor and, upon conviction fsha be punished as provided in section 1.04.010. (Ord. No. 02(1996), § 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 man I ner 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* *Cross references: Business licenses and regulations, tit. 5. 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 provimendedsions for from solid tme wastto handling within their jurisdictions. Public Resources Code § 40059, as adefnc ermine: time, or I any successor provision or provisions thereto, authorizes the city to (1) All aspects of solid waste handling which are of local concern, luding, but not limited to, frequency of collection, means of collection and trans po rtati op, levsolid el of services, charges and fees, and nature, location, and extent of providing waste handling services; and f nonexclusive france biddnge, (2) Whether the services are to ee proidwith or without competitivcontat, license, permit, or otrwise, either The city council has now therefore determined, pursuant to Public Resources Code § health, safety and well-being require that permits be granted to 40059(a)(1), that the public's h -1 qualified solid waste contractors for solid waste collection, recycling, composting and dispos services in residential, commercial, construction and industrial areas within the city. (Ord. No. 02(1996), § 2, 2-6-96) Sec. 8.16.420. Permits for refuse collection and establishment of collection fees. The collection and disposal of solid waste is a service to be performesue permits toaccordance with the provisions of this chaper.The city may from time to time 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 n3sid8nti8l and commercial~ � 8\ D\tS Collection of material provided for herein may be made only in accordance with the terms and conditions Of any such permit. Fees and charges for such collection, removaland disposal services shall be1hOsewhich the council may from to time hereafter approve byresolution. NO person ah8U engage in the business of collecting, removing or disposing of any solid VBste. PeoVd8b|e material, or compostabie Datehal, or other waste including special waste, hazardous waste or medical vost^` within the city from any transport the same over any public highway or residential or commercial units. nor [BDSpo riQhtaof+way, unless o permit to do so has first been obtained from- the city and such person compliesvV\t` the provisions of this chapter and any other ragUiatioO8 which have been adopted pursuant tothis chapter. (Ord. No, O2(1Sg6).G2.2-6-98;Ord. No. O1M880.§2.2-3-98) � See. 8.16'430. Permit for removal of refuse; prerequisites. s. (m\ ���C8dUr� and required iOfbrDat�n. Any person or F8fUSe collector desiring to obtain o ` '— permit nsOoVe or any solid VBote. recyclable \ab\e o[ coOpoet.8 b\e material, hazardous or infectious waste upon ~[ along any public highway within the city from any residential and/or commercial UOit, shall sign and file an application inthe form Pnsoc//ueo by the city and pay a permit application fee as may be established by resolution ofthe city council. Tothe extent perO�tedbvlaw, the iOfoOna�onaUbn�ted\n the application shall be '-I' did8Oti8[ Each permit application shall be filed with the �o|| include, at � nnininnUrn the �d�ovvDg information: cdvDlanag�rorhisdesignee 8Od s n . . . M\ Name and description ofthe permittee. /2\ Permanent business address and address oflocal office ofthe permittee. (3) Trade and firm name. (4\ |fo�ointveOtU[eo[ep8dDe[ahipo[UOD\tedpo�ne[ship`theDarneaofaUpo�Oe[s ` ' joint of the firm, and th a of the officers and their percentage or participation � �enn� interest aOd.thei[p�rrnaDaOtaddresses. (5) Facts indicating that the permittee has B[naOgod for refuse disposal in an area ` ' vvhensthe same may belegally accepted and disposed ofoSdirected bythe city. /O\ The of solid waste, recyclable nnote�a|` hazardous nrinfectious vVesteto be ` ' collected in each of the applicable areas: residential, commercial, multifamilynmultifamilyy residential and industrial. ' (y) 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. (S\ Satisfactory evidence that pernni�e8has been |nexistence asmgoing concern ` ' for in excess of five years and possesses notless than five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal. (dU[A 8e�sfectO[V eVkjeDoe that perm�te*/e experience as 8 going ooOoa[n in ` -' and/or CornOner�o\ refuse coUac6nO and disposal derives from residential�\ iZo to that contemplated by the permittee; details operations of comparable s d S��� of nnUniCi�e|it». n@tUF� Of h \\ include length ofother contracts, name an ` S � service p[ovd8d, 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 corporation organized under the \avVS of any other state, evidence that permittee islicensed tDdObusiness inthe state. ' \ Ot 8Y8i\�b}e for Use \O nafUs� /12\ /\ detoi|8d inventory of the pe[[ni�oes equipment collection area. (13) \vritt8D statement that permittee has complied with or is capable of complying with a|\ regulations imposed by the county and the state for the collection and disposal ofsolid wastes, Facts /14\ � a iDdicoting that the opp\\oeOt owns or has Under his contro|, in good ` ' m mechanical condition, sufficient equipment to conduct the bUn\Oose of refuse nlec ' d collection adequately if granted a permit, anthat the applicant owns or hosi tin o C\�aD and sanitary access to suitable facilities for maintaining his eqUpnOaO condition. /15\ Satisfactory evidence that the issuance Of o permit is in the public interest and ` ' convenience in that there is an 8Voi|ab\m market for refuse collection vVh|oh can belegally served bythe applicant. /1O\ 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 ` ' \aVv shall not be required. Perm/t fees. Permit fees shall be as follows' tt pUb\\c Resources Code � 41902. the city nloy directly assess gfee (1) Pursuant V for or may, by agreement, arrange o � b an AB g38 this ch' pte[� The permittee shall PuV or no\|ect, as the coao may be, of the city - be established by separate resolution administrative hse. �s nnoy herea�or. Any fee established pursuant council andf[onntinnetot\nne amendeditt 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. \tt ha|\ ronO\t to city, for its reasonable costs of granting o permit, a nonrefundable application fee as e (2\ The Pa'rn em s determined inod byreoo\ubnOofthe city council and ` ' from time totime amended. remit the city an annual permit fee or such (3) The permittee shall be r*quir�dto [en« [oo��[ by resolution of the city council. ` ' fee as determined from time to time her other license, The permit fee required by this section shall be in addition to any o er c . permit, oragreement previously granted bythe county orthe city. Reports. Reports shall be compiled and submitted as follows-. (1\ The permittee shall SUbrnit. in B form 8pp[OVBd by the citv, an annual report within 120 days after the close of each fiscalyear. This report'shall include, but is not limited to, the following information: a. Asummary ofthe previous year's (Or.inthe case ofthe initial report year, the indj8| year's) activities including, but not limited to, services begun or discontinued during the F8pOrbDg year, and the number Ofcustomers for each class ofservice. b. A report, in a fO[[n satisfactory to the citv. UO the City's progress in meeting and maintaining its ability to meet its goals under AB 938 as applied tothe permit area, along with any recommended changes. C. A revenue statement, setting forth quarterly AB 830 administrative fees, and the basis for the o8\CU\atioO thnnaof. Certified for accuracy by an office[ of the permittee. d. A list of the pe[OOittee.e officers and members of its board of directors. e /\ list of stockholders or other equity investors holding five percent or ' more of the voting interest in the permittee and any subsidiaries UO|eSs the permittee is 8 public corporation whose 8nOU8l reports are publicly available. /�\ The permittee shall submit, in 8 form approved by the city, a monthly program` ' rL These reports a�a�� b8 d�� within 20 vvO[kiOg days from the end of the report. month. Ataminimum, the reports shall include: a. 8unnOlahes of tonnage collected and disposed of by generator tvpe, disposal facility used and disposal fees paid. b. Summaries Oftonnage ofrecycled material collected bymaterial. C. Summaries oftonnages ofnonFecydob\eaand Cont8OO\DaDtsdisposed. d \ approved sampling nlethodo|oQy, of Summaries of tonnages, UaOg an app . each material prooesaed, sold orotherwise exchanged for processing, by material type. o Average nnoFkmt p�oo� for each nlete�a| so|d, and -processing charges or � � rdvVoete or materials. . f. Participation rates route inte[[ns ofset out counts and average P oUDds CoUeoper e[ reaideOtio\, multifamily, or commercial units. g. Description of progress in meeting the iOp\8OmOtatiOD schedU|e, including the problems encountered and how they were resolved . h. Sunlnnehes of the number of service complaints by [oute, including the dato, nature of co[np|aint, and how it was resolved. C3\ The permittee shall provide up to six reports of varying detail and format, as ` ' specifically requested by city, to meet unforeseeable information queries of ' t board, county integrated waste the state integrated waste nnanagenneD mn��aokforcm o[otherpub|icag�Oc\eo nnanegern . . (4) The permittee shall provide the city two copies Of BU reports, or other material odVe[se\V affecting the per0\ttee'eatatUs under this chaote[, indUd\Og, but not limited to`reports submitted bVthe permittee to the Environmental Protection Agency, the state integrated waste D8DBgen8Dt board or any other federal or state agency. Copies shall be submitted to city simultaneously with the pe[nOittee'Sfiling ofsuch matters with such agencies. (5) The permittee shall submit to the city Copies of all pleadings, applications, ` ' Conn[DVnio8t\onS and docUnoaOtS of any kind, SUbOO\t1ed by the notifications, i f )|deo\s\oOo Co[respoOd9Oceand actions by, permittee to, as well as copies o a ' cj federal, state and local courts, regulatory agencies and other government any ' \�ccuy \| tothe perDnittee'spS[fornDaDoeofservices pursuant to this chapter. Any confidential exemptdata exempt from public disclosure ahe|\ be y oO retained in confidence by the citd its authorized agents and shall not be made available for public inspection. `8\ ' The permittee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer \iete. billing records, maps, AB 93Scompliance 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 !ay. The city shall have the right. upon five business days advance notice, to inspect all maps, ABS5S compliance recorde, customer complaints, and other like materials of the permittee which relate to the pe[Oittae,s compliance with the provisions of this chapter. Such records shall be made eVoieb\e 'to the city at the pe[Oi�ee's regular place of business, but in no, event l outside the county. (7\ All reports and records [8qUinad under this or any other section shall be ` ' furnished atthe sole expense ofthe permittee. /d\ it of permittee. Before g[aD�ng u permit under the provisions of this chapter,|tho ` ' it shall require the permittee as a condition of the permit, to post vv|lDthe city uerx a o y b bond or bond paymb|etothe city in the sunn of $50,000-00. Such bond shall cash sotisfec�ory to the city and on terms acceptable to be secured from a surety company diti �d uponthefu|| ond foithfV\ pedb[nnance by thecitya�orOey Th�bondshm\|bacon on fth\ h t rondsha|\be the permittee of obligations under the applicable provisions o s o apn it and �|| kept in fU\\ force and effect by the permittee throughout the life of the pornO a renewals thereof. /���mThe permittee shall indennify, defend with counsel (e) /Od8OD/fica//on by ��nold harmless the city'its elected ofOcie|s, ufhCors, approved by the c\tY. protect and h mnp|oyees, ogents, 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. |osses, demands, debts, liens, liabilities, causes of action, suits' '|eQa| or administrative proceediDgs, interest, fines, ch argen. penalties and expenses (including but notlimited 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 orits ofrers, employees, agents or permittees arisingfFon o r attributable toany repair, cleanup ordetoxification, orpreparation and implementation o f any Per0Ova|. [e[nedia|, naSponsO, closure or Other plan (regardless of whether undertaken due to governmental action) COOos[DiOg any hazardous substance or hazardous waste at any place where the permittee stores or disposes of municipal solid VVoSte pursuant tOthis choDte[ The foregoing indemnity is \D18Oded to operate as an agreement pU[aUaDt to section 1O7/�\ of the Comprehensive Environmental Response, Compensation and Uobi|itvAct. "C' �CLA., 42 UGC § 9607/e\ and Health and Safety Liability Code §253U4.toinsure, protect, hold harmless and indemnify the city from liability. /f\ Liability /n3ur8OCo. The permittee shall obtain and maintain in full force and effect '' throughout the entire t8`[V of the pe[0it, o b[ o2d form comprehensive general liability /oCcUr[eD-8/policy with a minimum limit Of$5.00D.00O.ODagQ[egatBand $1.ODO.00O-OD per DccU[re/C�fory injury and p[opertydanege. with any self-insured retention not exceeding $200.000.00 per occurrence. The |OsUr8Dco shall be obtained from an insurer authorized to do bUaiOeSS in the state. The \DsU[Bnoe shall protect the permittee and the city from any claim for damages for bodily injury, iDdUding' accidental death` as well as from any claim for damages which may arise from operations performed pursuant tothis chapter, whethersuch operations be by permittee itee|f, orbyits agents, employees or aUbpe''\tta--. Copies of the policies or endorsements evidencing the above required �8U be filed with the citv c|�[� /\U of the following endorsements iDaUroOc� ooV�r�go S . � are required tobemade apart ofthe insurance policies required bythis section: /1\ The Citv, its elected Of�oio|s. employees, 8g8nts, and officers, are hereby added ` ' as iDa'[eda with respect to |iobU|tv arising out of activities performed by or on behalf ofthe permittee. /2\ This p�-|i|-' 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 insurancethe city does possess shall beconsidered excess insurance and shall not contribute with it. /3\ This insurance shall act for each iDsu[ed, asthough a separate policy had been ` ' .|i�8n for each. This, however, will not act to iD�[e8oe the |inn\t of liability of the insuring company. `N`\ Thirty days' prior written DoUCo by Certified 0ei[ i [etU[D receipt requested, shall bo given to the city in the event of sUepeOsoO, uaOoeUadoD` reduction in coverage or in limits or noDnsDevVa| of this policy for VvhadoV8[ reason. Such notice shall besent 10the city clerk. (g) N�/�n�xcnD�pe-Da8�0O The permittee shall obtain and maintain iOfuUforce and effect thFoUghoui-hentire terOof the permit, full worker's a conpensation insuranceinaccord 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 ork throughout the term of this chapter. The policy providing coverage shall be amended to provide that the insurance shall not be suspended e . voided, canceled, reduced in coverage or in limits eX000t after 30 days' prior written Dohma by certified [nai|, return receipt nequeehsd, has been given to city. The policy shall also be amended towaive all. rights of subrogation against the citv, its elected or appointed ofOc\e|s, employees, agents or the permittee for losses -hioh arise from work performed by the DonOed insured for the city. (hl Protection; indemnification of city. The permittee agrees to protect, defend, with a counsel approved ""^" hv cit'v' o'Od indemnify the citv, its off iC8[s. elected off\[jo\s. eOo|Oyoe a 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 938 are not net by the city with respect to the peOn|ttee.a proportional share nfthe waste stream collected under this chapter. (i\ {|n/Dp/i@nCG with local and state laws and regulations. The permittee must agree to ` ' per the terms of the permit in such 8 manner So as to comply with all applicable Pn�| and state \aVva and regulations pertaining to the co|\8ctioO, storage and /»c Th permittee oh3\\ �\sO comply with all other ordinances transportation 0f oO|i� waste. The ��[n0 and regulations of the city and applicable laws and regulations0f 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 [oOoVvoie thereof. U\ Development Of 3R/7E program. The permittee nho\| divert, by January 1. 1996. a rnin\nounD of 25 percent of the perrnittee's pro[ato share of the city's vvoete stream as determined qUa�Bdy' and should the permit remain in effect through January 1. 2000. � ' t share as determined qUo�er|y. The permittee shall 5O percent of the pe[[0i�ene Pro[e e s expend all funds reasonably necessary to dmaigO, d^eV8|Op, and implement, at the city's direction, any program that has been identified in the city's source reduction and recycling element (8FRE)' and incorporated herein by refe[eDce, capable of achieving compliance with AB 938. The city agrees that it will coope[ate, participate and consult with thepermittee in the desiQO, development, and implementation of any city directed SRREprog[arn. (k) 7oapOno/b8itv for distress to city driving surfaces, The permittee shall be responsible for r any distrees, other than normal wear and tear, to the city's driving surfaces (i.e. . transverse cracking, alligator cracking, patching, [uting, ezc.), whether or not paved, idi collection services at the location resulting from the weight »f vehicles providing refuse of bins a'Od containers on public property. The city manager or his'deaignee 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 denages, the permittee, a t the perOittee'esole expense, shall repair orreplace, in a manner acceptable tothe city. all damaged surfaces. Sec. 8.18.440. Permit provisions. `-) Issuance or denial. When an application has been made to the city for a permit pursuant to this chapter o[such standardsas may befrom time totime adopted by resolution of the city counoi\, it shall be the duty of the city manager or his designee to consider the OOatter, and heo[she shaUhave the �ghttogrant, condition o[deny the porrnitrequest, and such -' dl decision shall be subject to an appeal of the city council. In gront\ng, t the city nnon�8erendtho city council may or denying the permit request, m c^ take into consideration factors, \nduding, but not |innitedto, the following: (1\ The ability of the permittee to comply with standards and requirements` ' enumerated in this chapter orsuch other standards as may be established by resolution ofthe city council. (2) The ability of the permittee to comply with the equipment standards enumerated in this chapter orsuch other standards as may be established by resolution of the city council. B\ Th�a�U�of�e[erm�eto��mply���eP��sioDs�ga�iOQiDSuBnmso[ `-' —' the bonds enumerated iOthis chapter O[such othe[staDda[da8srnaybeeatBbJish8d bvresolution Ofthe 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 Bl8On8nt(GFlRE). Based on a pnapOOde[oOQs of the evidence p[eeeOhad` the city council shall make appropriate findings of fact before determining whether the permit should be conditioned or den ied. If, based upon the record, the city council determines that the performance ofthe permittee is not in compliance with any material terms of this chapter Or any material provision Of any applicable council, in the �Xen�Se of its ao\m discretion, federal, state or local statute or regulation, the city CoUD . nlaydeny the permit request. t The decision Ofthe city council shall bofinal and conclusive. (b) A33/DOD8Ot or transfer. No 8sSiQDnant or transfer of a permit pursuant to this chapter or any right accruing under such permit shall be made in whole or in pail by the permittee without the express consent of the council. In the event any eseigD[D8O1 or transfer is authorized by the council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall fi\e, on or before July 1 of each ' calendar year, with the cj`tv clerk, @ statement of ownership and Od uhe\\ verify the s@ nne as beiDgtrue and Co[r�ctUn-e[peDa|tyOfpa'ury.Ape[n\t\aSUedUDderth\schaptersha|| not grant the permittee rights under Public Resources Code § 49520. where at the time the permit is granted the permittee did not have @ right to continue service under this section. (c) 7GV0CatiDD Apermit may borevoked 8tthe option Ofthe CoUnci|in the event there iSa change of ownership of any kind or OotUFe Of the operating uohpaDy. UD\ees appnoVal 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, pnd\Ooncea. rules and nagUiat\ono, the city manager shall notify thepermittee inwriting of noncompliance and shall order compliance within 30 days. If noncompliance is not corrected within,. the hearing above-prescribed-doype�following B public e8 Og upon at least ten days' written notice tothe perr0\ttoe, may terminate the permit. (Ord. No. O2(189O).§2. 2-6-9EA Sec. 8.16.450. Service provided; specific. A permittee shall provide the following specific services as described in subsections (1) ClO) through of section. Tservices shall be in addition to any requirements, conditions, `- ' be established by resolution of the city council from time to policies and procedures �s may time hereafter. /1\ \fthe day of collection on any given noU�� falls on a holiday observed by the city` ' or lawful disposal ' site to which refuse collected within the city is taken fo[U disposal, or recycling facility to which recyc|obies are taken, the permittee shall provide collection service i 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 [)@y. Memorial Day, Thanksgiving OBy. Independence Day, and Christmas Day. (2\ The permittee,b porrOshalle8'S GU|8 expense, shall prepare and implement a ` ' multilingual p'~^ bUc education and iOfo[nOotiUO program of no less than three languages 8sOete� determined by ƒ�e city manager. The program shall be approved by the city manager well in advance of the introduction of any service. This program shall, at 8 minimum: familiarize residents, property managers, business owners/managers, and designated institutional representatives with essential YaStB reduction and recycling concepts; explain the benefits Of recycling and V composting (if applicable); explain the PUqPoSe and the manner Of the C\t sanctioned recycling and composting programs; emphasize On@te�e\atob"' collected; ahOVv the convenience of the whole range of act\Vj�eS\nthe city (both ' d\ d how to obtain further information. The city may 8XiSting �O� proposed); �n communicating eupp\e[nmOttha program with newsletters and other nl8aOs of oonDi d with the public. The content of all written materials is subject to the review �O approval ofthe city manager. (3) The permittee, at the pe[nittee' s oD\e e:pense. shall institute a voluntary backyard composting program by providing loo composting bins per year. Bins less �5 percent post -consumer recycled shall be constructed from not by the city plastic and are of a a\z8. weight, nature and type as approved t manager as to be minimally intrusive On the community with respecto aesthetics, vector cont[ol, euSo of use and other factors necessary to minimize the impacts of this program. Bins shall be Ood8 available on e first-come i first-served basis to any single-family resident wishing to participate n this program. W\ The permittee, at the pern�tee's sole eXpense, shall provide, to the city for ` ' dennunstra�on'purposes, uptofour composting bins ofosize, weight, nature and tvpe–tobenin\naUyint[UaiVe—onthe community with respect toaesthetics, -Vector control, and ease of use. These bins shall be delivered to public facilities (e.g., parks) designated by the city 0onoQe[ within two weeks after notification. In addition, the permittee shall assist the city in developing a public outreach U ind\vidua| campaign by providing ^ educational material, as Vve�o| an �opics t` knowledgeable on connposhng/organic'gaPJenmQ, or other/em,eu . ,' lecture \nUptotwo composting demonstration events per year. (�) ThepernOi�eeshoUCoUert transpo�and recycle osrnU|chaUholiday trees Vvhich ` ' placed at the curbside, from all single-family residences within the city duringlnepe eJ�P hod beginning onthe first Monday following Christmas and ending on the third Monday iOJanuary. (0\ The permittee, at the pernn\�ee'e sole eXpeDae, ehoU provide, at a minimum, four ` ' ' Umot\ono of bulky goods per year, on days of the month selected free curbside co f rn all residential units and at designated locations within by |he city manager,ro multifamily units. There shall be no size orweight restrictions except that the permittee shall not be required to remove automobile bodies' materials brought hand|od by two in from other areas orany other itennswhich may not besafely persons. Bulky goods collected d U cted by the permittee may not be landfilled or disposed ofuntil the following hierarchy has been followed bvthe permittee: a. Reuse osiG(if energy 8fficienM. b. Disassemble for reuse orrecycling. C. Recycle. d. Disposal. The permittee shall use whatever equipment is necessary for collection providing that compaction nOeohaOiSDl is not Used to compact the bulky goods. /7\ The permittee, at the C�S sole option, shall provide UpOO request ratUae ` ' collection and [eCVdiOg SerV|C8s to the following locations within the City` at no additional charge to the city or the entities listed: B. All public facilities (i.e, city h8|\` city parks, etc.); and b. /\nY nrg8Obos�oO organized under the Model Nonprofit Corporation Ant ~ exempted oO��otoO (i.e.,YMCA) eS defined by and d�aiQno1�d �SoOeX�rO. o[g / _, -'Internal Revenue Code Section 501(c). /8\ The permittee shall, at no additional Cha[ge, provide on -demand collection of `-' illegally }� � dUOOpBd bulky goods within two calendar days Of the city's request. The - permittee Sh@|| provide this service according to 8 rotational schedule established Dythe city manager. (S\ The pe[OOi�eeahoUexercise 8U reasonable care and diligence inCoUeotiDg solid ` ' vvgetB` and ahal|, at the p8rDitt8e'a sole eXpeDse, clean out all overflowing bins or vVosie eOdoSUPas 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 ofcleanup. /1O\ The permittee shall, at no additional charge, provide ata[Oini[OUrn 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 bythe city each year thereafter. /11\ The permittee sho||, at a minimum, offer a 15 percent discount to any individual ` ' with a disabi\ity, as defined iDthe title ||| regulation codified at 28 CFR part 36 (Federal Register Volume 56. Number 144, July 26, 1991). /12\ The permittee shall offer B 15 percent senior discount to each single-family` ' resident meeting the eligibility requirements set forth in section B,18 23O of this chapter. This discount shall be applied upon request to all services provided by the permittee. (13\ The permittee �-ho|| providm, ata customer's reqUest, manual carryout collection ` ' service to any occupant of e single-family unit that is not able to place their containers at the curb due to physical disabilities. The pernnitt.ea shall provide this service etOOadditional charge provided that eligibility for this service can be verified. (14) The permittee shall be responsible, at 'the pBOnitteE/s sole aXpenSe, for any physical d8noQe caused by the negligent or willful acts or omissions of employees, grantees t� Or SUbg[aOtees Of the permittee to private or public property. (15) / permittee ShoU implement by January 1. 2000. for all single-family residential nafUse anoOUDts �D automated refuse collection system consisting of no |eae with wheels and \i� The container shall contain thBOOOBet8Odondi�e�DoD��|OerVV� VV � a nniDiOOUOO of ten percent post -consumer content pl8Stiu, and shall be oVei\ab\o in capacities ranging from 35gallons too nOoXiOOuOl of 100 gallons. /\ddiboOe\ refuse containers will be provided upon request of the resident at a surcharge as described insubsection (16). /1�\ /\ permittee shall implement incentive -based rate structures for both residential ` ' ond commercial sectors by January 1' 3000'based on the "pay esyou throw" single-family units (i.e., waste prevention approach. For h8 residential ba[[e|- 'aerved un\t8\' a monthly base [oto must be deVe|oped, subject to city manager approval, osSU»i—nQ 8 single standardized refuse c oDt8ine[ of 64 gallons CepeCih/'in accordance with section 8.16.230(e). collection charge. A different container (i.e., 1OOgallons n[35gallons capacity) can besupplied upon request of a resident at a monthly rate that shall incorporate a differential of no less than plus or minus 20 PermaOt' respectively, of the monthly rate for o 64 -gallon container. At no time shall a resident receive greater than 30 percent discount (including senior and diaab\ed, dionoUnts, and waste reduction incentives (ie., yard waste reduction and PAYT [ate differential)) off the regular nO��no�on ofoOnto\n�[s Ononthly�tefor any size orco . A naa\dont may request additional refuse containers of any standard size. HovveYmr suchcontoinersvvou|dbesuhiecttoasU[cherQetobedete[nn\nodbya pe[nDi�eeand epprova ecity ' | ofrnana^ger. but which may not be less than the aforementioned 2Opercent step increase per container. For commercial units (ie�. bin -served aarV�d uO\ts), o permittee shall develop an incentive -based rate structure that is subject to city manager approval and that meets the requirements of section 8.16250(a). collection charge. (17) Upon the direction of the city OOeOsg*�aPornni�ea shall innp|ennent an eUtonnated curbside recycling program coconsisting of at least a 64-gallon with wheels and \id. ' Additional recycling containers will be provided if needed onacomplimentary basis upon request ofthe resident. /18\ \ permittee shall implement a yard waste collection program with alls\ng|e 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 d wastes other than unacceptable yard debris not noF[neUy generate no yard ' allowed in the yard waste container, can refuse e yard waste container. The customer shall c ~ i eligible for no |�aa than � ten percent reduction iDthebosu � e di i�waste monthly refuse fee, pending verification that the resident has participated in o in the refuse container and confirmation� city -sponsored home composting serninar. /1Q\ A permittee must provide cost -competitive nOU��o[nik/residential unit recycling ` ' systems to aDy OvVOo[/DaOage[of multifamily nsaideOba| customer complexes. Such systems [equina the approval of the city manager. (2O\ A permittee must provide cost -competitive commercial sector recycling and ` ' waste prevention systems to any owner/manager/operator Of 8 oor0OOercia|, iOdUst[i3l, and/8[ iDstitUUOOo\ GoU[c8 Of waste. Such SystanOa require the approval ofthe city manager. Sec. 8.16.460. Limited permits. ' (e\ A limited permit may be issued pursuant to this section to �nsoOe and/or ` ' enterprises engaging in [ocyc|ing, composting, and construction demolition /C&[)\vvasba handling under contract with a property owner in the city and who are not engaged in the regular collection. of refuse in the city. /b\ Limited permit required. No person or enterprise shall conduct r8oyc|iOQ. composting` ' and C&D VVosta activities within the city without first obtaining a limited permit. (�\ App//�8bopfnr/iD�edp8Dn�. An application for a limited permit shall befiled VViththe ` ' d shall include, at a rOiO\nlUnl the following information and be o\�y manager �D S o D� . . accompanied by an application fee as determined by resolution of the city council: (1) Name, address, telephone number ofthe applicant. /2\ The type Ofrecyclable material o[waste material tobet[anaported. /3\ Satisfactory evidence that the applicant is licensed to handle such materials. /4\ Documentation ofcurrent oo[Dp[aheDsiV8 general liability insurance (occurrence) ` ' with a OliOinlUnO limit of $1.O00.000.00 per occurrence for bodily injury and property damage. (5\ Such other pertinent facts or information as the city manager may require ` ' including but not limited to evidence of state cartificatioO, evidence of previous oXpaheOcm, and demonstration of reliable and safe equipment. (d\ /33UaDce of permits. The civ managermay issue a limited permit subject to such ` ' conditions as are necessary to protect the public hea!th, safety and vVe|f8ns and to assure that the permit is exercised for its circumscribed purposes. Applicants must as u nnininnu[0 meet applicable provisions as determined by the city rnaDoQ8[ (Ord. No. 01 (1998), §4. 2-3'88\ INTEROFFICE MEMORANDUM TO: Mayor H;erre FROM: Tornrnye Cribbins, City Clerk SUBJECT: Agenda No. 8.1 (Solid Waste Ordinance) DATE: October 19, 2010 Attached is a- copy of the comments made by Carolyn Anderson with Waste Management regarding Agenda Item. 8.1 (Council Consideration) Proposed Solid Waste Ordinance. These comments were received after the posting of the Agenda for October 19, 2010. Thank you! David Liu From: David Liu Sent: Tuesday, October 19,2O1U1:32PK8 To: ro/ueuun. Carolyn' Subject: RE: City Solid Waste Ordinance THANKYOUI From: Anderson, Canmkm [nlaUto:Cenderso@w0.corn] Sent: Tuesday, October 19,2O1O1:J]PM To: David Liu Subject: Re: City Solid Waste Ordinance Thank you Davd. I did speak with the Mayor and explained that as the ordinance is intended to speak in broader terms than the WM franchise, and will be applicable to future franchise agreements, WM is satisfied with the ordinance and supports its approval. Cja Sent from my BlackBerry Wireless Handheld From:DavidUu[maiKo:David.Uu@ci.dianlond-bo:ca.us] Sent: Tuesday, October 1g.2D1003:O8PM To: Anderson, Carolyn Cc: James DeStefano <James.DeStefano@ci.us>/ Mike Jenkins (mjenkins@ <' nkins@|ooaIgovavv.com>> Lauren B. Feldman /UeldnlaO@|oca .conl\ <Ife|drnan@loco .conl>; Patrick Gallegos «Patdck.Gal egos@cj.diamond-ba r.ca. us> Subject: City Solid Waste Ordinance Ifwas nice seeing and talking tOyou last night. The City appreciates Wast8M8Oag8Dl8Ot'SCOO101eOtS over the past few months, which have helped U8craft 8comprehensive, modern solid O[diO@DCe that will gOVe[O sold VY@Gf8 activities in the City for many years to CO08. The [|if« has considered your additional comments submitted Monday, October 18"'.following our conference call DOMonday, October 11th . What follows (S8point by point response, prepared bVour City Attorney, iOf8Od8d to explain the intention of the V8[iOU8 D[OViSiOOG and alleviate the [8Dl8iOiDg CDDD8[DS Waste Management may have with the proposed ordinance. Section 8.16.050(b) Vehicle Specifications. The franchise agreement included onagreed-upon transition schedule for alternative fuel vehicles, as to regular collection vehicles only, not spares. The ordinance would allow the City to require the immediate use of alternative fuel vehicles of any type, including spares. As these vehicles cost in excess of $300,000 each, this is a very significant potential additional cost of the franchisees. This isthe first opportunity the City has had to consider this issue, asyour comment wn8.16.068(b)was not raised !myour July 12,201Omemo onduring our conference calls. Aum/eexplained |mour August 18 m and October 1 conference calls, the ordinance revisions were necessary to prove mmodern framework for both the existing and future franchises. The ordinance has been carefully drafted to account for the two existing franchises, and provideenough flexibility togovern future franchises down the road. AccomdimQh/,the ordinance cannot mnirmorxxmrdfor vvordthe two eu�tingfranch�ee.both ofvvhiubhave differing terms. Imresponse toyour first round ofcomments, the ordinance was substantially revised to allow many ofthe terms tobe determined inthe franchise agreements, and not bedictated bythe ordinance. The ordinance is not intended to unilaterally amend the franchise obligations. Section Q,16,Q5W(b)uses the permissive bermm"mmay,'`and provides the City m/iihthe necessary authority torequire gas 'a' vehicles, The parties have already agreed iothe franchise agreement tothe appropriate number fnatural gas vehicles and when those vehicles will bmprovided throughout the life oJthe agreement. ^4change tmthose terms would require a contract amendment. 2. Section: 8jG.1OO Interim Suspension. Here the ordinance vvoukjgivetheCitv and impose onthe franchisees, an additional remedy for alleged breach not provided for in the franchise agreement. In fact, this type ofremedy was never evenequeatedbythe City d�hnQ�anchioenego�a�ons.but would now bmimposed unilaterally. Under Section 11.21uthe a8maenment,1heparties agreed that i7Waste Management commits a material breach, the City may impose such sanctions as atemporary suspension. The ordinance provides a fair process for the City toimpose such a suspension. The suspension iofurther limited and may only beinstituted |nthe event ofenimmediate threat tothe public health, safety -or welfare. 3. Section 8.16.11O(a) Franchise revocation ormodification. This provision would allow the City to modify any and all service requirementsinthefranchhmagreomentuni|atenaUyandotenytimeUo||owingaheahng>.wdhout compensation to thefronchiaeee. This represents a potentially large increase in costs without compensation. This is the first opportunity the City has had toconsider this issue aayour comment mn8.16.11Q(m)was not raised imyour July i2,2810mmennoorduring our conference calls. Ltappears that the revocation and modification provisions are contemplated under the franchise. Revocation/modification can only be initiated after aCouncil hearing todetermine that amaterial breach ofthe agreement has occurred. Under Section 11.2 and upon a material breach, the City is authorized to unilaterally terminate or impose other conditions itdeems appropriate short oftermination. 4. Section 8.16.140 Cessation ofOperations. This provision would allow the City to require a terminated franchisee tocontinue operations for upho45days. But, since the franchise has been terminated, there would be no basis to receive compensation for providing that service. City staff does not foresee a problem under 8.16.14Ubecause the notice ofrevocation will state the date that the Council determines arevocation becomes effective. Any operator would be authorized to continue collection and charging for any services provided up until the effective date of the revocation. The City must arrange for alternate solid waste collection after revocation to protect the public health and safety, meaning that revocation would not go into effect unless the City had arranged for alternative service. 5. Section 8.16.210(a) Responsibility for Damages. The ordinance requires that the franchisee beresponsible for all damages, while the franchiseagnaementexoudesnonna|wearondhsar. Aaaresult, the franchisees will now have tobear financial responsibility for damage from normal wear and tear. Also, since this type of damage would result from routine operations by both franchisees, there isnoway toallocate the responsibility. Per our earlier conversation, Subsection /b\ofSection 8.16.210 was revised at your request to account for normal wear and tear, as provided by the franchise agreement. As written, there is no liability for property damage caused by normal wear and tear if under the franchise agreement the hauler is not responsible for normal wear and tear. G. Section 8.16,230(d) Residential Composting. This kya subject that should not betaken lightly. |nthe franchise agreement, |norder to refuse green waste service, a resident has to undertake a composting class and demonstrate a commitment tocomposting. Under the ordinance, any resident that wants can simply decline green waste collection service, and the residential franchisee would bear the burden of demonstrating that green waste is being disposed of in other containers. This represents both increased operational costs and a potential loss of revenue to the residential franchisee. The language suggested in8.1G.230(d)derives from A.1G.870(d)and 8.16.4S0(18)inthe City's existing solid waste ordinance. AtWaste Management's request, the City removed the provisions from the new draft ordinance related toproviding composting containers and composting training. 7. Section 8.16.260 Parcel Tax The ordinance would allow the City atits sole discretion toadopt parcel tax billing. This ionot provided for inthe franchise agreement. But, there isnoconsideration ofthe economic impact to the franchisee hobepaid twice ayear instead offour times eyear, ormonthly, Interest does not eocunsonthe parcel tax assessment, and in effect the loss of the use of the money from customers, without interest, is the de facto loss of revenue tothe franchisees. Section 10'.16.260 is intended to give the City the authority in the future t000iUeotsolid waste collection charges oothe tax bill under future franchise agreements. Under the existing agreements, the parties have contractually agreed tohave the haulers collect and any change tothat arrangement would require a contract amendment. O. Section 8.16.310 Collection Service Requirements. The franchise agreements carefully allocated the provision of free services between the residential and commercial franchisees. The ordinance completely obliterates that careful allocation. As written, any franchisee can be required to provide any or all of the free services. For instance, under subsection (a), the residential franchisee could be required to provide public education and information to "business owners/managers" or "institutional representatives." |naddition, the ordinance requires broader and more extensive free services. In the first paragraph of this section, the City reserves the right to require more free services at any time and in any amount, without providing additional compensation to the franchisees. Subsection (b) extends the time of the annual holiday tree collection from 2 to 3 weeks, without additional compensation. Subsection (f) does not include the limitations and criteria for receiving free disabled service that are in the franchise agreement, such as where there is another able-bodied person in the premises. There represent additional costs to the franchisees with no additional compensation. Section 8.16.310 derives from Section 8'fG.400inthe existing solid waste ordinance. Under the proposed ordinance, the language was revised to accommodate the existing franchises. The various services are tobe allocated amongst the City's haulers. Notably, staff revised these proposed provisions following discussions with both haulers boreflect what ig required under the franchises. Under Section S'3ofthe agreement, the haulers are required toprovide education and outreach toall customers. The descriptive language inthe subsection (m)just explains who those customers may be. Per our discussion imAugust, staff revised subsection (b) such that a hauler must provide holiday tree collection for the period stated inthe ordinance, unless another period oftime ioagreed tounder the franchise agreement. Hence, WK0will provide tree collection for the period oytime detailed in your agreement. In reference to(Q).this provision derives from the City's existing code requirements and is not anew provision. The section ioconsistent with the franchise because 1nthe event that an able bodied person is available tmtake out the trash, then the disabled customer is "able to place their container atthe curb" and does not qualify for the special service. S. Section 8.16.320(b) Routing. The ordinance mandates submittal of route sheets annually, while the franchise agreement provided they besubmitted onrequest only. This becomes opotentially unnecessary expense ifthe City kanot interested inreceiving that information. Per our conversation inAugust, Section 8.16.32O(b)was revised 1oaccount for your earlier comments. The provision provides that franchise agreement sets forth the time and frequency for submitting the schedule. If the agreement says that the schedule is submitted upon request, then "upon request" is the time and frequency for submitting the schedule. It is not reasonable for the ordinance to mirror every term in the mgneemnenk, as that would limit the flexibility in future egnmenneuba. 10. Section 8.16.400 Ownership. Under the franchise agreement, ownership ofsolid waste passes atthe time of collection. There is o good reason for that. What if customer places hazandouo, reactive or explosive material in the container? The customer should be responsible for the costs of special handling and damages. But, under the ord|nance, if ownership passes to the franchisee at the time 'of placement, the franchisees bear the burden of costs and damages, since they are the "owner"of the contents of the container. 8.16.400 corresponds tothe language in Section 2-11 ofthe Agreement, which states that ownership ofsolid waste placed for the collector transfers when the customer places the waste atthe point pfcollection. 11. Section 8.16.440 Resource Recovery. Each franchisee could berequired tocomply with the City's SRRE. even with respect toprograms that are not within the scope of its franchise. This is the first opportunity the City has had to consider this issue as your comment on 8.16.440 was not raised in your July 12, 2010 memo or during our conference calls. Section 8.16.44Oisa general provision whereby the City requires its franchised haulers tobefamiliar with and operate inemanner that is consistent with the SFlRE.The SRREiaaimed mi compliance with the City's diversion requirements. Under Section 4.2.5 of the agreement, if Waste Management falls to meet the agreed upon diversion requirement, it is required to submit a plan for compliance, including implementation of applicable portions of the SRRE. |nsuch event, the costs for providing these services in the compliance plan to meet the diversion obligation are borne by Waste Management. !nthe event that the state increases the diversion rate, the City may require additional services, subject ioarate adjustment. 12. Section 8.16.550(e) Occasional Loads. The franchise agreement provides for aspecified number of collections of materials placed at the curb outside of the provided container. The ordinance makes inunlimited. This ieanother additional cost without compensation. Section 8.16.56O(e) and (f) are consistent with the terms of the agreement because they state that at the heu|er'mdiscretion, the hauler can determine if aload requires a special collection for which the customer must pay aspecial rate. Unother words, ifthe customer has exceeded the Hrnit on occasional loads, the hauler has the discretion to charge the customer for a special collection. Throughout this process, the City has heard Waste Management's concerns about consistency with the franchise agreement and incorporated many reasonable changes into the proposed ordinance to address those concerns. Our City Attorney has considered your request for a blanket provision automatically deciding any conflict in favor of the agreement; but, have determined that such a provision would not be legal or reasonable, The City regulates solid waste activities to protect the public health and safety. Such a vague provision could impermissibly contract away the City's police power or authorize potential Code violations that jeopardize the public health and safety, and is not advisable. Instead, the City has responded reasonably to Waste Management's concerns by providing flexibility in the ordinance to ensure consistency with the existing franchise obligations. Providing that many solid waste collection terms are set in the franchise agreement, rather than the ordinance, creates that flexibility while still providing a framework for the City's solid waste collection activities. We find that the flexibility provisions provide a reasonable response to WM's comments and we hope this email further explains the relationship between the proposed ordinance and the franchise agreements. Waste Management is a responsible and resourceful waste hauler. Based on our past experience, I believe that Diamond Bar ha's a mutual and professional relationship with WM. A continued partnership with WM is critical and extremely important for us. Thank you again for your comments on the ordinance. As I mentioned to you last night, I would appreciate your concurrence with the abovementioned responses and to assure out City Council that the proposed ordinance is acceptable to WM. Please do not hesitate to contact me to go over these provisions further before the City Council hearing. David G. Liu, PE Director of Public Works/City Engineer City of Diamond Bar From- Anderson, Carolyn [mailto:Canderso@wm.com] Sent: Monday, October 18, 2010 8:37 AM To: Patrick Gallegos Cc: David Liu Subject: City ordinance Patrick, Waste Management has reviewed the latest draft of the proposed Diamond Bar solid waste ordinance. This draft is an improvement over the prior draft, but some concerns remain. We still believe that there may not be a clear understanding of the practical impact that comes with the adoption of this ordinance. We applaud the City's goal of creating a comprehensive ordinance that can remain viable over many years. But, at the same time, there are real economic impacts to the current franchisees that need to be considered. In August 2009, after extended and careful negotiations, the City entered into a residential and commercial franchise agreement. There were detailed provisions describing the services to be provided, as well as services that were not to be provided, and specified or limits on the amount of services provided. The franchise agreements also contained detailed provisions addressing the City's remedies in the event of an alleged default. This was the bargain that was reached between the City and the franchisees. The franchise agreement also contains the following provision, which highlights our continuing concerns with the ordinance: "Contractor shall comply with those provisions of the municipal code which are applicable, and with and any all amendments to such applicable provisions during the term of the Agreement." For this reason, Waste Management wanted to be very careful to assure that the description of the services to be provided, the services not to be provided, and specified limits on the services to be provided, and the City's remedies were consistent with the language of the franchise agreement. Otherwise., the adoption of the ordinance becomes a de facto unilateral re -trading of the deal that was carefully negotiated over many months, with no compensation to the franchisees. We listed those discrepancies in a memo to the City dated July 12, 2010. Based on a review of this revised draft of the ordinance, some but not all of those were addressed. There is still an easy solution. Waste Management asked for a revision to the ordinance stating that in the event of a conflict between the ordinance and the franchise agreement, the franchise agreement would prevail. The logical place to include that is in Section 8.16.040(a). However, this language was not included in the latest draft of the ordinance. In order to try to make our concerns clear, listed below are some key areas where the ordinance differs from the franchise agreement, and the real or potential cost to the franchisees. 1 Section 8,16.050(b) Vehicle Specifications. The franchise agreement included an agreed- upon transition schedule for alternative fuel vehicles, as to regular collection vehicles only, not spares. The ordinance would allow the City to require the immediate use of alternative fuel vehicles of any type, including spares. As these vehicles cost in excess of $300,000 each, this is a very significant potential additional cost of the franchisees, 2. Section 8.16.100 Interim Suspension. Here, the ordinance would give the City, and impose on the franchisees, an additional remedy for alleged breach not provided for in the franchise agreement. In fact, this type of remedy was never even requested by the City during franchise negotiations, but would now be imposed unilaterally, 3. Section 8.16.110(a) Franchise revocation or modification. This provision would allow the City to modify any and all service requirements in the franchise agreement unilaterally and at any time (following a hearing), without compensation to the franchisees. This represents a potentially large increase in costs without compensation. 4. Section 8.16.140 Cessation of Operations. This provision would allow the City to require a terminated franchisee to continue operations for up to 45 days. But, since the franchise has been terminated, there would be no basis to receive compensation for providing that service. 5. Section 8.16.210(a) Responsibility for Damages. The ordinance requires that the franchisee be responsible for all damages, while the franchise agreement excludes normal wear and tear. As a result, the franchisees will now have to bear financial responsibility for damage from normal wear and tear. Also, since this type of damage would result from routine operations by both franchisees, there is no way to allocate the responsibility. 6. Section 8.16.230(d) Residential Composting. This is a subject that should not be taken lightly. In the franchise agreement, in order to refuse green waste service, a resident has to undertake a composting class and demonstrate a commitment to composting. Under the ordinance, any resident that wants can simply decline green waste collection service, and the residential franchisee would bear the burden of demonstrating that green waste is being disposed of in other containers. This represents both increased operational costs and a potential loss of revenue to the residential franchisee, 7. Section 8.16.260 Parcel Tax. The ordinance would allow the City at its sole discretion to adopt parcel tax billing. This is not provided for in the franchise agreement. But, there is no consideration of the economic impact to the franchisee to be paid twice a year instead of four times a year, or monthly. Interest does not accure on the parcel tax assessment, and in effect the loss of the use of the money from customers, without interest, is the de facto loss of revenue to the franchisees. 8. Section 8.16.310 Collection Service Requirements. The franchise agreements carefully allocated the provision of free services between the residential and commercial franchisees. The ordinance completely obliterates that careful allocation. As written, any franchisee can be required to provide any or all of the free services. For instance, under subsection (a), the residential franchisee could be required to provide public education and information to "business owners/managers" or "institutional representatives." In addition, the ordinance requires broader and more extensive free services. In the first paragraph of this section, the City reserves the right to require more free services at any time and in any amount, without providing additional compensation to the franchisees, Subsection (b) extends the time of the annual holiday tree collection from 2 to 3 weeks, without additional compensation. Subsection (f) does not include the limitations and criteria for receiving free disabled service that are in the franchise agreement, such as where there is another able-bodied person in the premises. There represent additional costs to the franchisees with no additional compensation. 9. Section 8.16.320(b) Routing. The ordinance mandates submittal of route sheets annually, while the franchise agreement provided they be submitted on request on-ly. This becomes a potentially unnecessary expense if the City is not interested in receiving that information. 10. Section 8.16.400 Ownership. Under the franchise agreement, ownership of solid waste passes at the time of collection. There is a good reason for that. What if a customer places hazardous, reactive or explosive material in the container? The customer should be responsible for the costs of special handling and damages. But, under the ordinance, if ownership passes to the franchisee at the time of placement, the franchisees bear the burden of costs and damages, since they are the "owner" of the contents of the container. 11. Section 8.16.440 Resource Recovery. Each franchisee could be required to comply with the City's SRRE, even with respect to programs that are not within the scope of its franchise. 12. Section 8.16.550(e) Occasional Loads. The franchise agreement provides for a specified number of collections of materials placed at the curb outside of the provided container. The ordinance makes in unlimited. This is another additional cost without compensation. We respectfully ask the City to consider these very real practical issues, and make necessary adjustments to the language of the ordinance, before adopting the ordinance. Carolyn An Public Sector Solutions Pt aizager Waste Management 13940 E. Live Oak Avenue Ba ' Idwin Park, CA 91706 626 831 05008 cell www.thinkgreen.com As North America's largest recycler, Waste Management managed more than, 8.5 miflion tons of material that was recycled or reused in 2009. By the year 2020, we expect to increase the amount of materials we manage to more than 20 million tons per year. From Every Day Coflection, to Environmental Protection .... Think Green, Think Waste Management Waste Management recycles enough paper every year to save 41 million tress. Please racycie any printed smaills. Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify us by telephone at 909.839.7058. Confidential Communications The information contained in this e-mail message is intended only for the use of the individual or individuals named above. If the person actually receiving this message or any other reader of the message is not the narned recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately destroy AND notify us by telephone at 909.839.7058. �..� __ �... .`.. .:.�-.<_��'_3�.-`..�;,.H'g�e�`.*.:"u.*;.`.wrs?aY.�.�.`",'a`}'.�•�-6r'�ru��•UN•...as.'_. i4 <;,S Mi..;.,< � ;s�*,;,:s�r�.,ti'.t ,�+•..�.c, .t".'�"+=.am _r,�ta -�... _z::i...-.��:. ?w_, .. v .s.,rii Proposedyl` 4F� rr 7..H�,2`t C� I�A.,x.n -i ���rt4'r§ tYi.• a 'form standard i parallels the � q l ' en Enables 1 #bte ! } s, + more oe fes& i etSvrte; enforce ?,,! #} E i ! �'� � � � � � and rte+ �Z i � ,�', � - for � }(�`'. i �{��trt# '�.. rr: 3��li�, �__' i ! ? s collection -r soiia waste i and disposai o recyclable materialso an,.,,-* tt f Replaces the d {-5 #�] 1 t '.4 ri i�.t permit system ? � n .1rcv-"FM ..... ----- * Senior/N.'oS")abled DISC,02'Ount * Rate Adjustment' s IL I Reporls * Requi-Fl ed Mon--E"-hy and Annua * Collection in Emergencies Mandatory Service Collection Service Requirements Diversion Requirement electronic Stresc w's Ie 1 l s a ni construction ' haulers. �` This annua permit program p th...-,-. 0 City with 7ti ". 1 'e mechanism "N ` r ir."_'g ,ai.7- monitor .. i a t - s Y .- F E � 4 7 city. r regulate :� {�= [ � E � E =fit �'.. . t t� t � . a �,___r. 6��e �'�tom,? - i.9 the Backyard Residential Composting * Self-Haulers Gardeners Exclusion construction waste from the project 77777=777, Rk-I �Ip- Removal of unauthorized container in the public right of way C$t The ytk, ke6 ordinance ix cewill rilw effectively regulate e rated€i�-X i s. e a l t° Provides r 1 ice; remedies; i �� fPr i } ! j �� �t t� ��`' ��: gal Ensures the City oI imeet ceediversion goa n compliance state mandates. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: k Ct 1A F Z, DATE: A-01 V ADDRESS: PHONE: �-01 - X3 65- AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect .my name and address. as,written above. Stature, This document is a public record subject to disclosure under the Public RecordsAct. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: (A U-4 DATE: J &/ (- i E)ts PHONE: — ADDRESS: ar I 4 �q ORGANIZATION: Walwlll) I AGENDA#/S UBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. S ture This document is a public record subject to disclosure under the Public Records Act.