HomeMy WebLinkAbout11/02/2010Namond Bar
City Council Agenda
Tuesday, November 2, 2010
4:30 p.m. — Closed Session — Room CC -8
5:00 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 Pro Tem
Ling -Ling Chang Ron Everett Jack Tanaka
Council Member Council Member Council Member
City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye 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.
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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 Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are
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PUBLIC INPUT
Members 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 a
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Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
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of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may
address the Council only once on an agenda item, except during public hearings, when the
applicant/appellant may be afforded a rebuttal.
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the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
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television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is
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Council may take action on any item listed on the agenda.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 2, 2010
Next Resolution No. 2010-37
Next Ordinance No. 05 (2010)
CLOSED SESSION: 4:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54957 — Public Employee —
City Manager Performance Evaluation
STUDY SESSION: 5:00 p.m., Room CC -8
oil Project Updates for SR 57/60 Interchange Improvement Feasibility
Study and Grand Avenue Confluence Project — Discussion and
Action.
Public Comments
MTIMMM• •-�I
PLEDGE OF ALLEGIANCE:
INVOCATION:
Mayor
Council Members Chang, Everett,
Tanaka, Mayor Pro Tern Tye, Mayor
Herrera
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.
November 2, 2010 Page 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
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 Eco Expo — November 6, 2010 - 10:00 a.m. to 2:00 p.m. — Pantera Park,
738 Pantera Drive.
5.2 Planning Commission Meeting — November 9, 2010 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.3 Veterans Celebration — November 10, 2010 — 9:00 - 11:00 a.m. —
Diamond Bar Center Grand View Ballroom — 1600 Grand Avenue.
5.4 Veteran's Holiday — November 11, 2010 — City Offices will be closed in
observance of Veteran's Holiday. City offices will reopen Friday,
November 12, 2010 at 7:30 a.m.
5.5 City Council Meeting — November 16, 2010 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1(a) Study Session of October 19, 2010- Approve as submitted.
6.1(b) Regular Meeting of October 19, 2010 —Approve as submitted.
6.2 Planning Commission Minutes — Regular Meeting of September 28,
2010 - Receive and File.
November 2, 2010 Page 3
6.3 Ratification of Check Register - Dated October 14, 2010 through
October 27, 2010 totaling $1,819,733.74.
Requested by: Finance Department
6.4 Authorization to Exceed City Manager's Purchasing Authority of
$25,000 to Extend the Vendor Services Agreement with Access
Control Security, Inc. for Security Services in an Amount Not to
Exceed $30,000 for FY 2010-11; Plus Appropriation of $22,700 to
Fully Fund the Agreement During FY 2010/11 Budget.
Recommended Action: Authorize and Approve.
Requested by: Community Services Department
6.5 Adopt Ordinance No. 04 (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 Second Reading by Title Only, Waive
Full Reading and Adopt Ordinance No. 04X (2010).
Requested by: Public Works Department
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearing — Adopt Resolution No. 2010 -XX: Confirming a Cost
Report for Nuisance Abatement Costs Concerning 24236
Springwood Drive, (APN: 8701-013-029) and Establishing a Special
Assessment and Lien Thereof.
Recommended Action: Receive Staff's Report, Open the Public Hearing,
Receive Testimony, Close the Public Hearing and Adopt.
Requested by: Planning Department
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Study Session
DATE: October 27, 2010
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
FROM: David G. Liu, Director of Public Works
TITLE: Updates on (1) State Route 57/60, Interchange Improvement
Feasibility Study and (2) Grand Avenue Confluence Project
SIR 57/60 Interchange Feasibility Study
Project Scope
In 2005, Metro, in cooperation with the City of Diamond Bar and the City of Industry,
embarked on a feasibility study to evaluate the potential opportunities to permanently
improve the SIR 57/60 interchange. The existing traffic concerns at this interchange
include the merging of two freeways, weaving to and from the Grand Avenue ramps, an
expected increase in truck traffic, missing freeway connectors, and missing HOV
connectors. There were initially ten (10) concepts involving a variety of improvements
regarding the construction of missing connectors, collector -distributor roads, and
complete reconstruction of the SR -57 as a parallel freeway system. As the study
progressed, the options were narrowed to three (3) "Big Fix" concepts as follows: A)
New Connections, B) Symmetric Widening, and C) Double Deck.
After many detailed discussions and technical reviews, the study (dated August 2010)
conclusions indicate t ' hat all three (3) concepts would provide congestion relief and
address most or all of the operational issues in the interchange. The study also
recommends a continued focus on the merits of the "New Connections" Concept
(Exhibit 1) because of the cost benefit and the ability to integrate with the Industry
initiated Grand Avenue Confluence Project. The "New Connections" concept would
address much of the City's concern related to freeway traffic using local streets through
the construction of missing freeway connectors. Missing freeway connectors would be
constructed from the southbound SR 57 to the eastbound SR 60 and from the
westbound SIR 60 to northbound SR 57. This concept also includes the construction of
a westbound SR 60 bypass road direct to Grand Avenue, missing HOV connectors at
the south end of the interchange, and the core Grand Avenue Confluence Project
improvements as discussed below.
Funding & Next Steps
Staff has been communicating with Metro regarding the next steps for Concept A. It will
be necessary to initiate a Project Study Report (PSR) to begin further study of this
alternative. The PSR will identify the project's need and purpose and provide an
analysis of a range of project alternatives. , It is a necessary component to make a
project eligible for future state and federal funding and is a predecessor to the next step
of preparing a project's environmental document. Through a coordinated effort from
Metro, Industry, and Diamond Bar we will continue to seek project funding and potential
listing on the next federal reauthorization of the Transportation Act. Although the SR
57/60 Improvement is listed in Metro's Long Range Transportation Plan (LRTP) funds
will not be available until 2029. Current estimates to fund the entirety of Concept A are
between $572 to $640 Million in today's dollars.
Currently, the City of Industry is pursuing efforts to program and secure funding for the
Grand Avenue Confluence Project. This project (described in further detail below) will
add capacity to the interchange and address some of the weaving issues. Coordination
of the Grand Avenue Confluence Project with the ultimate interchange improvements
(Concept A) will be essential. With proper planning, this project can be integrated with
Concept A of the "Big Fix" project and be consistent with the planned remaining
improvements for the interchange area. The core difference between the two projects is
the addition of the missing freeway and HOV connectors along with the addition of a
dedicated bypass road from westbound SR 60 to Grand Avenue.
Grand Avenue Confluence Project
Proiect Scope
In regards to the Grand Avenue Interchange, the City of Industry is obligated to mitigate
the development impacts resulting from the Industry Business Center (IBC).
Improvements were deemed necessary to the Grand Avenue Interchange and Industry
has since expanded their scope to include dedicated bypass roads that provide direct
freeway access (eastbound direction only) to and from Grand Avenue. The Grand
Avenue Confluence Project (Exhibit 2) also includes widening of the Grand Avenue
Bridge (8 thru lanes), adding a Westbound SR 60 Slip Ramp (direct access from
southbound Grand Avenue), and modifying the existing on and off ramp to Grand
Avenue from eastbound SR -60. The Project Study Report (PSR) for the Grand Avenue
Confluence Project was completed in March 2009.
The project is now in the environmental phase and is currently being processed in
separate phases. The environmental document for the first phase, referred to as the
Westbound SR -60 Slip Ramp, is near completion and is expected to be publicly
circulated in the month of November. The circulation of the second phase is anticipated
in the Spring of 2011. The Westbound SR -60 Slip Ramp is fully funded while a funding
strategy is currently in progress for the second phase of the project.
Funding & Next Steps
Currently, the City of Industry has committed $35 Million in local funding to the Grand
Avenue Confluence Project. In addition, Metro's contribution through the "Call for
Projects" provides an additional $8.75 Million to the Westbound SR -60 Slip Ramp. This
initial funding will enable full construction of the first phase of the Confluence Project
while Industry seeks potential alternatives to funding the remaining balance of the
Confluence Project. Construction of the Confluence Project, estimated at $275 Million,
would complete the core improvements of the SR 57/60 Interchange Improvement
(Concept A). If Industry is successful at securing funds to complete the Confluence
Project, the focus of funding will shift to the remainder of the Concept A components
which include the missing freeway connectors and the dedicated bypass road from
westbound SR 60 to Grand Avenue
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Agenda No. 6.1(a)
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
OCTOBER 19, 2010
STUDY SESSION: M/Herrera called the Study Session to order at 5:47
p.m. in Room CC -8 of the South Coast Air Quality Management District/Government
Center, 21865 Copley Drive, Diamond Bar, CA.
Present: Council Members Ling -Ling Chang, Ron Everett, Jack
Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Linda Magnuson, Finance
Director; Bob Rose, Community Services Director; David Liu, Public Works Director;
Greg Gubman, Community Development Director; Ken Desforges, IS Director; Ryan
McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Grace Lee,
Senior Planner; Kimberly Molina, Associate Engineer; Christian Malpica-Perez,
Associate Engineer; Raymond Tau, Building Official; Marsha Roa, Public Information
Manager, and Tommye Cribbins, City Clerk.
Also Present: Traffic and Transportation Commissioners Jimmy Lin
and Vice Chair Leanne Pincher; and Consultants representing the City of Industry.
0- POWER POINT PRESENTATION — LEMON AVENUE UPDATED — Discussion
and Action.
PWD/Liu gave a brief background on the Lemon Avenue project and AE/Molina
provided a power point presentation.
PWD/Liu spoke about the budget for the project and stated that the next step will
be a letter from Caltrans, to be reviewed and approved by the City, notifying
residents that would have been affected by a potential sound wall that in fact no
such sound wall would be built. Further, two agreements will be sent to the City
for approval: A freeway agreement between the State and the City of D.B. that
will be on the November 16th City Council meeting; and, a right-of-way
agreement giving authority allowing the State to begin acquisition of land for the
project.
MPT/Tye asked if the residents were aware a sound wall would be built on their
properties?
PWD/Liu said he did not believe the residents knew about it.
MPT/Tye asked why residents would be sent a letter telling them that they were
not getting a sound wall when they were not aware of it in the first place.
PWD/Liu said that was staff's question to Caltrans and that it is protocol. He said
that his understanding is that the noise level in that vicinity already reaches a
high threshold and that this project, with the proposed improvements, will add
one more decibel in the immediate vicinity. As a result, Caltrans has to go
I
OCTOBER 19, 2010 PAGE 2 CC STUDY SESSION
back to its protocol and consider where the new sound wall will be most
beneficial.
MPT/Tye asked how taking traffic off Golden Springs and putting it on the
freeway adds noise to these homes.
PWD/Liu responded that noise abatement analysis considers future traffic
conditions.
Rob McCann with LSA, indicated that while MPT/Tye is correct that noise levels
today exceed the threshold for noise abatement, the truck traffic will be shifted to
Lemon Ave. and because the overall forecast is an increase in traffic there is a
slight increase in decibels. Even if there had been zero increase, Federal policy
requires Caltrans to evaluate noise abatement which is why Caltrans conducted
the sound wall abatement location.
MPT/Tye said it still made no sense to him.
Mr. McCann explained that the primary source of noise in this area is around the
freeway. This project is not changing the volume on the freeway and the noise
studies were done using the impact of all of the noise that is occurring in the
environment and that these changes would be made as a result of the project.
C/Everett said he was troubled by the issue as well. It seems like the City might
be opening itself to a lawsuit and asked if there a defense to all of this?
PWD/Liu said he would assume that Caltrans would consider all legal aspects of
this project.
Mr. McCann said that the environmental document identified two criteria: Is the
sound wall feasible and 2) under the Federal criteria the analysis must also meet
what is called a "reasonable criteria". There is a series of calculations to
determine what is optional in terms of providing the greatest cost benefit, Under
Caltrans criteria, when they are looking at walls that are on private property, they
must execute an easement with each property owner that requires approval from
one hundred percent of the property owners. The document indicated the sound
walls may or may not be built and the purpose of the Caltrans letter is to tell the
public what the final decision was based upon the final design.
C/Everett said he understands an ' d respects the decision; however, he believes it
is a Federal mandate that the City must be sensitive to the sound level but with
no funding to mitigate the condition.
Mr. McCann stated that there was no requirement to achieve it. It is saying that
in areas that exceed the 65 decibels or if a project causes a severe increase of
for example, 12 decibels, it does not mean that the City must provide abatement
but must evaluate whether it is feasible, etc.
OCTOBER 19, 2010 PAGE 3 CC STUDY SESSION
C/Evereft asked who would have the primary responsibility.
The Consultant said Caltrans would have the primary responsibility.
C/Everett said that Caltrans would have a vested interest in the outreach to help
anticipate and, communicate.
MPT/Tye asked about the cost of the walls.
AE/Molina stated that the three separate walls would cost roughly one million
dollars.
C/Tanaka asked if there was consideration of relocation of traffic signals along
Golden Springs.
PWD/Liu responded that the existing signal at the west ramp will be rebuilt as
part of the project as well as median realignment in that general area. There will
be a new signal at the east on/off ramp..
C/Tanaka then asked if the current width of Lemon Avenue would be able to
handle the potential traffic if the stadium is completed because currently Brea
Canyon Rd. is the best boundary of that project.
PWD/Liu responded by stating that that was one of the questions that staff had
asked the consultant and that they had stated that the new intersections would
be able to accommodate future conditions.
Following discussion, PWD stated that the existing on/off ramp at Brea Canyon
Road will continue to function on the north side.
M/Herrera said she would like,to have staff continue to apply to Caltrans and
Metro for partial funding for the $1.9 million shortfall.
PWD/Liu advised that the City submitted a letter but no formal application has
been submitted.
Public Comments: None Offered.
ADJOURNMENT: With no further business to discuss, M/Herrera recessed the
Study Session at 6:25 p.m.
TOMMYE CRIBBINS, City Clerk
Agenda No. 6.1(a)Amended)
OCTOBER 19, 2010 PAGE 3 CC STUDY SESSION
C/Everett asked who would have the primary responsibility.
The Consultant said Caltrans would have the primary responsibility.
C/Everett said that Caltrans would have a vested interest in the outreach to help
anticipate and communicate.
MPT/Tye asked about the cost of the walls.
AE/Molina stated that the three separate walls would cost roughly one million
dollars.
C/Tanaka asked if there was consideration of relocation of traffic signals along
Golden Springs.
PWD/Liu responded that the existing signal at the west ramp will be rebuilt as
part of the project as well as median realignment in that general area. There will
be a new signal at the east on/off-ramp.
CITanaka then asked if the current width of Lemon Avenue would be able to
handle the potential traffic if the stadium is completed because currently Brea
Canyon Rd. is the best boundary of that project.
PWD/Liu responded by stating that that was one of the questions that staff had
asked the consultant and that they had stated that the new intersections would
be able to accommodate future conditions.
Following discussion, PWD stated that the existing on/off ramp at Brea Canyon
Road will continue to function on the north side.
M/Herrera said she would like to have staff continue to apply to Caltrans and
Metro for partial funding for the $1.9 million shortfall.
PWD/Liu advised that the City submitted a letter but no formal application has
been submitted.
Public Comments: None Offered.
ADJOURNMENT: With no further business to discuss, M/Herrera recessed the
Study Session at 6:25 p.m.
TOMMYE CRIBBINS, City Clerk
Agenda No. '6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 19, 2010
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865
Copley Drive, Diamond Bar, CA.
CLOSED SESSION: 5:15 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54956.8
Property Address
Agency Negotiator:
Negotiating Party
Under Negotiation
21825 Copley Drive
Diamond Bar, California
City Manager
AQMD/Government Center
21865 Copley Drive
Diamond Bar, CA 91765
Price, Terms and Payment
Government Code Section 54957
Public Employee City Manager Performance Evaluation
STUDY SESSION: 5:47 p.m., Room CC -8
Lemon Avenue Update — Discussion and Action
M/Herrera asked for CM/DeStefano to report on the Closed and Study Session this
evening.
CM/DeStefano reported that during tonight's Closed Session two items were considered
by Council: 1) Performance evaluation of the City Manager and 2) Discussion of terms
related to the use of the AQMD Auditorium. There were no reportable action taken and
no public comments were offered.
CM/DeStefano stated that tonight's Study Session included a Lemon Avenue project
update. The City has been working with Caltrans toward the development of on and off
ramps at Lemon Avenue for the past few years. There have been previous updates as
well as, this evening's report provided to the Council regarding the status of that project.
There were no decisions made by the Council and no action was taken.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Pastor Jeanne Farreau-Sorvillo, United Church of
Christ, gave the invocation.
OCTOBER 19, 2010 PAGE 2 CITY COUNCIL
ROLL CALL: Council Members Ling -Ling Chang, Ron Everett, Jack
Tanaka, Mayor Pro Tern Steve Tye and Mayor Carol Herrera.
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; Grace Lee, Senior Planner; Rick Yee, Senior
Civil Engineer; Kimberly Molina, Associate Engineer; Raymond Tau, Building Official;
Patrick Gallegos, Management Analyst; Christian Malpica-Perez, Associate Engineer;
Anthony Santos, Management Analyst; Marsha Roa; IS Director; and Tommye Cribbins,
City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 MPT/Tye proclaimed October 24, 2010 as "World Polio Day" and
presented the Proclamation to President Cyndy Simms and
Representatives on behalf of the Rotary Club of Walnut Valley.
1.2 M/Herrera proclaimed October 17 through 23, 2010 as Los Angeles
I County Sheriff's Department "Eyes on the Road" week.
BUSINESS OF THE MONTH:
1.3 C/Chang presented a City Tile to owner, Mr. Gibani, owner of Aljibani
Halal Market, 23385 Golden Springs Drive, as Business of the Month for
October 2010.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
3. PUBLIC COMMENTS: None
4. RESPONSE TO PUBLIC COMMENTS: None
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.
5.3 Hall of Horrors — October 30 and 31, 2010 — 6:00 p.m. to 9:00 p.m.,
Heritage Park, 2900 S. Brea Canyon Road.
OCTOBER 19, 2010 PAGE 3 CITY COUNCIL
X
5.4 Fall Fun Festival — October 31, 2010 — 4:30 p.m. to 8:00 p.m. - Heritage
Park, 2900 S. Brea Canyon Road
5.5 Election Day — November 2, 2010 — Polls 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.
CONSENT CALENDAR: MPT/Tye moved, C/Tanaka seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call:
AYES,: COUNCIL MEMBERS: Chang, Everett, Tanaka, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1. CITY COUNCIL MINUTES -REGULAR MEETING OF OCTOBER 5, 2010
— Approved as submitted,
6.2 PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of July 27, 2010 -Received and filed.
6.2.2 Regular Meeting of August 10, 2010 —Received and filed.
6.2.3 Study Session of August 24, 2010— Received and filed.
6.3 RATIFIED CHECK REGISTER DATED SEPTEMBER 30, 2010
THROUGH OCTOBER 13, 2010 TOTALING $1,326,110.36.
6.5 APPROVED CONTRACT WITH RKA CONSULTING GROUP TO
PROVIDE BUILDING AND SAFETY SERVICES THROUGH JUNE 30,
2011 AT A COST NOT TO EXCEED $210,000.
6.6 ADOPTED RESOLUTION NO. 2010-36: CORRECTING A CLERICAL
ERROR IN RESOLUTION NO. 2010-33 BY MEMORIALIZING THE
SUBSTITUTION OF CORRECTED PAGES AS AN ATTACHMENT TO
SAID RESOLUTION.
6.7 APPROVED $2,720 APPROPRIATION OF PARK DEVELOPMENT
FUNDS FOR SYCAMORE CANYON PARK TRAIL PHASE III PROJECT.
Due to the time, Council Consideration was brought forward.
OCTOBER 19, 2010 PAGE 4 CITY COUNCIL
7
8.1 APPROVE FIRST READING — ORDINANCE NO. 04(2010): AMENDING
IN ITS ENTIRETY CHAPTER 8. OF TITLE 8 OF THE DIAMOND BAR
MUNICIPAL CODE REGULATING SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE.
PWD/Liu presented staff's report on . seven major divisions and key
features of the Ordinance which will enable the City to effectively enforce
standards and requirements under the franchise agreement as well as,
addressing modern solid waste issues such as collection of electronic
waste, composting, recycling, construction and demolition materials.
PWD/Liu elaborated on each of the major divisions - (1) Purpose of
regulating collection and disposal of solid waste, and purpose of regulating
recycling activities; 2) Franchise provision; 3) Solid waste collection; 4)
Limited .collection permits; 5) Solid waste activities and exclusions; 6)
Construction and demolition permits; and, 7) Enforcement authority and
legal remedies. The State mandates that it is the city's responsibility to
ensure the proper disposal and recycling of refuse and hazardous waste
in the community. Staff believes the new ordinance would not only reflect
the City's new residential and commercial franchise agreement, it would
also more effectively regulate the other aspects of the solid waste system.
This new ordinance brings the collection and disposal of solid waste
activities into the mainstream and represents a significant milestone
toward increasing the diversion rates in the future.
There was no one present who wished to speak on this matter.
C/Tanaka moved, C/Everett seconded, to approve for First Reading by
Title Only, Waive Full Reading of Ordinance 04(2010) and set the date for
Second Reading for November 2, 2010. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CONTINUED PUBLIC HEARINGS: 7:07 p.m.
OCTOBER 19, 2010 PAGE 5 CITY COUNCIL
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). (Continued from the July 20,
2010 City Council Meeting)
CDD/Gubman updated the City Council on the progress of this project
including the School District's workshop held on October 16 which was
intended to guide the participants through a series of exercises intended
to identify and discuss concerns and then present their own ideas and
solutions for developing Site D. Bob Meuting, consultant and workshop
coordinator, is compiling the community input and preparing a detailed
report on the community outreach effort. The report is scheduled to be
presented to the School Board at a special meeting on November 9, 2010.
It is expected that following this special meeting, the School District will
make a formal request to the City Council regarding the framework under
which the Site D planning process should proceed. The School District
has asked that the City continue this matter to November 16 and staff
concurs with the recommendation to continue the matter to November 16,
2010. Since the Public Hearing is still open, it is appropriate to take
additional public comments this evening before making its decision to
continue this matter.
M/Herrera re -opened the Public Hearing at 7:11 p.m.
Nancy Lyons, WVUSD Board President, stated that the community
outreach was held at Castle Rock Elementary School on October 16 and
was scheduled for 8:30 a.m. to 12:30 p.m. However, due to the amount
of input by residents, the meeting lasted until about 2:00 p.m. About 80
individuals attended the workshop and 67 offered feedback regarding a
variety of issues about Site D. The session began with an overview of
Site D and a history of the property after which, those who were able to do
so, toured the site. Following the tour, the participants broke into groups
of seven to eight individuals. Each group answered a series of questions
which were tabulated with a spokesperson from each group presenting
answers to their questions. At the end of the exercise, participants'
questions were answered to the best of the facilitator's ability. WVUSD
believes that the community overview and workshop went very well with
much information being shared. The facilitator is compiling all of the
information that was received from the workbooks, poster pages and
questions for a follow up meeting during which the facilitator will provide a
summary of the information to the School Board and participants. As a
result, the School Board is requesting a continuance of the Site D Specific
Plan to November 16, 2010.
OCTOBER 19, 2010 PAGE 6 CITY COUNCIL
Mary Rodriquez felt it was important to get an official and independent
outside biological assessment for Site D and read a letter written by John
Harbough to C/Chang.
With no further testimony offered, M/Herrera continued the public hearing.
MPT/Tye moved, C/Chang seconded, to continue the Site D Specific Plan
Public Hearing to November 16, 2010, Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Everett, Tanaka,
MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka spoke about the recent WCCA meeting he attended; the Site D
outreach meeting, and the Haunted House meeting. He also thanked the Boy
Scouts in attendance at tonight's meeting as well as other students attending as
part of the Civics classes.
C/Everett spoke about the October 5. Pomona Unified Trustee Board meeting
and the annual CALA meeting.
C/Chang thanked Site D outreach workshop participants. She reported on the
LA County Division League of California Cities general meeting and about a story
she heard on ESPN about a D.B.H.S. graduate, Alex Morgan who was deemed a
heroine for the US Women's National Soccer team on October 6. Ms. Morgan
scored the lone goal for the US in a 1-1 tie with China and the match against
China was a final exhibition for the US before entering the Women's
n's World Cup
qualifying tournament being held October 28 in Mexico. She asked that the
Council recognize Ms. Morgan at a future Council meeting.
MPT/Tye felt the Site D outreach workshop was very productive and while
lengthy there was a lot of good give and take. He hoped that individuals would
take the time to go to the VVVUSD meeting on November 9 and address any
further concerns to the School Board. He asked M/Herrera to adjourn tonight's
meeting in memory of Don Chamberlain who lost his battle with Cancer on
Sunday. Don was 84, a WWII veteran and never complained during a very
lengthy and trying physical time. The City extends its thoughts and prayers to his
wife Betty and family.
M/Herrera missed the last City Council meeting while working on transportation
issues, a major concern for the City. She thanked her colleagues for all of the
work they do to improve D.B. She is the City's representative for Foothill Transit
and Foothill Transit has the only total electrical buses that are now running
OCTOBER 19, 2010 PAGE 7 CITY COUNCIL
between Pomona and LaVerne. Foothill Transit had those buses designed and
built through ARRA funds and it is hoped that should more funds become
available they can have more totally green buses constructed. Foothill Transit is
proud to have a complete fleet of over 200 buses running on clean, natural gas.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council meeting at 7:34 p.m. in memory of Don Chamberlain.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of
CAROL HERRERA, MAYOR
,2010.
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 28, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:04 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: C/Nelson 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;
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 August 10, 2010.
C/Shah moved, C/Nelson seconded, to approve the Minutes of the Regular Meeting
of August 10, 2010, as corrected. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Lee, Nelson Shah, Chair/Torng
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
VC/Nolan
ABSENT:
COMMISSIONERS:
None
4.2 Minutes of Study Session of August
24, 2010.
VC/Nolan moved, C/Nelson seconded, to approve the Study Session Minutes of
August 24, 2010, as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Nelson, Shah, VC/Nolan Chair/Torng
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Lee
ABSENT:
COMMISSIONERS:
None
SEPTEMBER 28, 2010 PAGE 2 PLANNING COMMISSION
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL 2010-202 —Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
operate a new 1,895 square foot, foot and body massage establishment
located at Diamond Bar Village, a 59,726 square foot shopping center
located on a 4.2 acre property zoned Community Commercial with a
consistent underlying General Plan Land Use Designation of General
Commercial (C).
PROJECT ADDRESS: 23499 Golden 'Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: H -B Diamond Bar, LLC
10877 Wilshire Boulevard, Suite 1105
Los Angeles, CA 90024
APPLICANT: HongweiZhang
9122 Ardendale Avenue
San Gabriel, CA 91775
CDD/Gubman requested- this matter be, continued to October 12, 2010, to
allow staff to complete the parking analysis for the proposed use. The
project was analyzed with respect to parking using incorrect square footage
data for the shopping center which presented a need to reevaluate the
parking requirements based on the actual correct square footage and in
order to do so, staff needs to conduct a parking analysis and will be ready to
present the results at the October 12 meeting.
C/Shah moved, C/Lee seconded to continue Conditional Use Permit
No. PL 2010-202 to October 12, 2010. Motion carried by the following Roll
Cail vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
SEPTEMBER 28, 2010 PAGE 3
PLANNING COMMISSION I
7.2 Conditional Use Permit No. PL 2010-307— Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
establish a dance and instruction studio within a 2,000 square foot lease
space located at Diamond Bar Village, a 30,281 square foot shopping center
located on a 2.45 acre parcel. The subject property is zoned C-2
(Community Commercial) with an underlying General Plan designation of
General Commercial.
PROJECT ADDRESS: 23355 Golden Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: Chang Chih International Investments, LLC
23341 Golden Springs Drive
Diamond Bar, CA 91765
APPLIICANT: Jin Chen
Jin's Dance Studio
20260 Evening Breeze Drive
Walnut, CA 91789
PT/Tobon presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. PL 2010-307, based on the Findings
of Fact, and subject to the conditions of approval. as listed within the
resolution.
Chair/Torng. asked staff to explain Condition No. 5 on Page 4 of the
Resolution. CDD/Gubman responded that as stated in the application for the
proposed use, the business plan identifies business hours seven days a
week with hours of 8:30 a.m. to 10:00 p.m., Monday through Friday;
9:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 4:00 p.m. on Sunday.
Also as described in the application there would be 16 or fewer students per
class in addition to one dance instructor per class. Staff elected to not
provide an arbitrary number limiting the number of students or the hours of
operation based on the presumption that the applicant would be operating
the business within these hours with this number of students. Staff
understands t here may be some variance— there may be 18, there may be
20 students in some classes, and staff did not find it to be appropriate to
establish a cutoff number. Staff believes and presumes that the business
operator will be operating. within these parameters which should cause no
problem. By not specifying a limitation on enrollment it allows the applicant
flexibility to make adjustments in class sizes as needed. Should staff find in
• 28, 2010 PAGE 4 ■ COMMISSION
the future that there is a parking shortage or that there are conflicts with
other businesses in terms of having sufficient parking to meet parking
requirements for all businesses, there may be probable cause for staff to
reexamine these conditions and impose some limits on hours and/or number
of students. Based on previous hearings where questions have been
directed to staff when it has placed limits on numbers of students Without
empirical basis for those limits, the question was "how is that not arbitrary?"
And, the only way to provide a response in this situation is to not attempt to
establish limitations. The applicant has gone on record with the business
plan and staff's analysis indicates that the shopping center's parking capacity
can accommodate it, therefore, there is no cause at this time to place further
restrictions on the use.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Greg Martin, Jin Chen's husband, said he and his wife are looking forward to
continuing their relationship with the City of Diamond Bar. Ms. Chen has had,
a dance studio about 100 yards away in the same shopping center for the
past eight (8) years and looks forward to continuing her business. Mr. Martin
responded to Chair/Torng that he and Miss Chen read staff's report and
concur with the conditions of approval. In response to the concern about
parking, most of the students are dropped off and picked up and most of the
adult classes are evening classes when minimal parking will be used. In
addition, there are not many classes taught during the hours 2:00 p.m. to
6:00 p.m.
Chair/Torng closed the public hearing.
C/Shah moved, VC/Nolan seconded, to approve Conditional Use Permit
No. PL 2010-307, 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, VC/Nolan,
Chair/Torng
None
None
SEPTEMBER 28, 2010 PAGE 5 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Torng commented that it appears Site D is coming back to the Commission.
9. STAFF COMMENTS/IN FORMATIONAL ITEMS:
CDD/Gubman spoke about the flyer announcing the Site D Community Workshop
being sponsored, coordinated and led by the Walnut Valley Unified School District
on October 16, 2010, from 8:30 a.m. to 12:30 p.m. at Castle Rock Elementary
School. The workshop will begin with an overview for the residents and participants
about what the workshop will entail. Following the introduction, the workshop
participants will be transported in a school bus to Site D for a "Site Awareness" tour
after which the participants will be transported back to Castle Rock Elementary
School for breakout discussion groups during which participants will be given an
opportunity to communicate their impressions of the site, observations and insights
to the school district and to provide feedback about what they believe is the
appropriate plan for the site. The primary objective that will be communicated to the
public is that this is a site that is for sale and that it will be developed. The school
district will not leave the land fallow due to significant budget issues for the school
district. It is possible that this item could be remanded back to the Planning
Commission for further deliberation beforecoming back to the City Council for
adoption of the Specific Plan and certification of the EIR. The Planning
Commissioners are welcome to attend, but because this is not a public noticed
meeting or decision-making meeting of the Commission—and most importantly
because there is still an open public hearing for the Site D Specific Plan which was
continued by the City Council from July 20—Commissioners who attend are
required to abide by the Brown Act and not interact with colleagues, not participate
actively in any discussions with the working groups and not give any appearance of
deliberating. Certainly, being observers in the process may prove useful to the
Commissioners as the process moves along and possibly comes back to the
Planning Commission. CDD/Gubman referred the Commissioners to the WVUSD
website and the link directing the user to the Site D website for additional
information.
Chair/Torng asked how many people were invited and whether it was for the entire
community or within the 500 feet. CDD/Gubman responded that it was within the
.1000 foot radius. Chair/Torng said he was worried because the group that would
attend would be the same group of people and the only thing that he would hear
would be negative and he did not believe anything would contribute to the event
such as people coming to support the plan. He wanted to know CDD/Gubman's
feeling on the 1000 foot limitation. CDD/Gubman said that it was the school district
and staff's intent to be responsive to comments that alternatives were not presented
SEPTEMBER 28, 2010 PAGE 6 PLANNING COMMISSION
for the Commission to consider, and respond to comments and concerns from
participants not liking, for example, commercial and if this process can be used to
help understand what it is about commercial that participants find objectionable.
This additional outreach effort is being made to see if there is a land use plan that
can gain consensus. There will not be any progress made if the consensus is that
"the site should remain undeveloped" for example, or if participants claim this site is
"open space" because it is not zoned "open space" and the owners have the right to
develop the land and it will be developed in some fashion.
C/Shah felt that if people take advantage of this workshop perhaps they can get a
true picture and be able to make an informed decision. He agreed with Chair/Torng
that it is the same people who show up time and again, but at least this will provide
the clarification needed and he believes the workshop is a good idea.
CDD/Gubman said that because it is hosted and being presented by the WVUSD
there are other notification venues this will be advertised through such as their
website, so there will likely be a more diverse audience as a result. As C/Shah
mentioned, there has been misinformation by the opposition alleging, for example,
that this is going to be a project for high density/low income apartments 'and that is
absolutely not what this plan envisions for this site. But that misinformation, through
repetition, has gained some traction. So yes, this workshop will provide an
opportunity to set the record straight on these attempts to generate opposition and
fear about what will happen with this site.
VC/Nolan asked if the City had any participation as far as presentation or input and
CDD/Gubman responded "no."
Chair/Torng said asked if it was possible to put this matter to a vote. On this issue
(Site D) it is important for the people surrounding the project and it is also important
for the whole City. Is it possible to have all residents vote for this project?
CDD/Gubman responded "no", this form of government is where representatives are
elected to make those kinds of decisions. They need to hear the public's voice but
ultimately, it is not a matter of having the public at large make that decision. There
is always an option to put something on a referendum but this is still within the realm
of having elected representatives make the final decision.
CDD/Gubman reported that the Planning Division is developing policy and
guidelines for artificial turf in response to water efficient landscaping and water
conservation needs.
SEPTEMBER 28, 2010 PAGE 7
PLANNING COMMISSION
Last Thursday the space planner for the City Hall project interviewed staff and
department heads for a needs assessment for the facility. As a result, preliminary
planning diagrams will be prepared to design the floor space for the project. Target
date for the move -in to the new facility is November 2011. The library will likely lag
behind that scheduled date due to additional complexities of that project and the
fact that it is funded through Los Angeles County. However, the City Hall project is
well underway and moving forward.
CDD/Gubman stated that because of a lot of calls to the City and the frustration with
the. lack of activity at the Shell Station at Diamond Bar Boulevard and Palomino, it
appears that the issues with the property owner, contractor, architect and Shell
Corporation are moving toward getting this project back online and staff hopes to
see significant construction activity in approximately one month.
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 12th day of October, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
T y- orng, ChaIrmad
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda 4
Meeting Date: November 02, 2010
AGENDA REPORT
FROM: James DeStefano, City Manager
TITLE: Ratification of Check Register dated October 14, 2010 through October
27, 2010 totaling $ 1,819,733.74.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,819,733.74 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 October 14, 2010 through October
27, 2010 for $ 1,819,733.74 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:
Finance(Ddkector Assistant City Mari
Attachments: Affidavit and Check Register — 10/14/10 through 10/27/10.
The attached listings Ofdemands, invoices, and claims inthe form Ofacheck register
including checks dated October 14.2010through October 27'2010has been audited
and iGcertified @8accurate, Payments have been allowed from the following funds iO
these amounts:
Description
General Fund
Prop A - Transit Fund
PmpC-TransitTa Fund
Integrated Waste Mgt Fund
Traffic Improvement Fund
Com DavBlock Grant Fund
LLAD38Fund
LLAD3QFund
LLAD41Fund
Capital Imp Projects Fund
-Vky -L
Finance Director
Amount
26,752.50
4,919.89
8,879.85
7.844.78
12,772.80
27,954.00
1O.378.8@
27'54G.S8
318,790.77
City of Diamond Bar - Check Register 10/14/10 thru 10/27110
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
10 -PP 21
PAYROLL TRANSFER
P/R TRANSFER 1 01P 21
001
10200
157,294.27
$172,273.15
10/14/2010
91733
PAYROLL TRANSFER
P/R TRANSFER 10/PP 21
112
10200
4,737.26
$1,140.00
10/14/2010
PAYROLL TRANSFER
P/R TRANSFER 1 01P 21
113
10200
4,919.89
10/1412010
91734
PAYROLL TRANSFER
PIR TRANSFER 10/PP 21
115
10200
4,396.93
$1,551.24
10/14/2010
PAYROLL TRANSFER
P/R TRANSFER 10/PP 21
125
10200
924.80
10/14/2010
91732
ACCESS CONTROL SECURITY
SECURITY GUARDS -SEPT 10
0015333
1 45010 1
1,264.05
$1,264.05
10/14/2010
AMERICO AP GROUP INC
SUPPLIES -TONERS
0014070
41200
82.31
10/14/2010
91733
ADVANTEC CONSULTING ENGINEERS INC
NTMP-DECORAH AUG 10
2505510
1 46412 1
1,140.00
$1,140.00
10/14/2010
91734
AGRICULTURAL COM WGHTS & MEASURES
COYOTE CONTROL SVCS -AUG
0014431
45406
1,551.24
$1,551.24
10/14!2010
91735
HONG AHN
I RECREATION REFUND
001
34780
41.00
$41.00
10/14/2010 1
91736
AJAX SIGN GRAPHICS INC.
SUPPLIES -NAMEPLATES
0014090
41200
45.36
$45.36
10/14!2010
91737
AMERICOMP GROUP INC
PRINTER MAINT-OCT-DEC 10
0014070
45000
1,522.00
$1,604.31
10/14/2010
AMERICO AP GROUP INC
SUPPLIES -TONERS
0014070
41200
82.31
10/14/2010
91738
AMERITECH BUSINESS SYSTEMS INC
COPIER MAINT-SEPT 2010
0014090
1 42100 1
$855.30
10114/2010 1
91739
AMYS FARM TOURS
EXCURSION -TINY TOTS
0015350
42410 1
180.00
$180.00
10/14/2010
91740
AMERICAN PLANNING ASN
JANNL MEMBERSHIP -G LEE
0015210
42315.
360.00
$360.00
10/14/2010
91741
MARIE AQUINO
FACILITY REFUND -PETERSON
1 001
23002
50.00
$50.00
10/14/2010 1
91742
MONIQUE BARBA
RECREATION REFUND
001
34780
112.00
$112.00
10/14!2010
91743
BENESYST
10/15/10-P/R DEDUCTIONS
I 001
21105 1
722.01
$722.01
10/14/2010 1
91744
BENESYST
FLEX ADMIN -2ND QTR
0014060
1 42346
109.68
$109.68
10/14/2010 1
91745
BLACKBOARD CONNECT INC
CONNECT SVCS -AUG 10/11
0014440
1 44000
38,710.00
$38,710.00
10!14/2010
91746
NANCY BLUM
RECREATION REFUND
001
34780
83.00
$83.00
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
10/1412010.
91747
BUCKNAM & ASSOCIATES INC
BUCKNAM & ASSOCIATES INC
PROF.SVCS-PAVEMNT MGT SYS
PROF.SVCS-PAVEMNT MGT SYS
001551.0
0015510
R45221
R45221
4,935.49
2,260.00
$7,195.49
10114/2010
91748
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -DBC
0015333
41200
105.20
$203.15
10/14/2010
CALIFORNIA COMMERCIAL LIGHTING SPPL
SUPPLIES -PARKS
0015340
41200
97.95
10/14/2010
91749
CALIFORNIA CONTRACT CITIES ASSOC.
MTG-CMGR 9/23
0014030
42325
25.50
$25.50
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-695
001
23012
118.53
10/14/2010 1
91750
NORMAN CARRION
FACILITY REFUND -DBC
001
36615
400.00
$400.00
10114/2010
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-669
001
23012
52.68
10/14/2010
91751
JACKIE CARVAJAL
FACILITY REFUND-SYC CYN
001
23001
50.00
$50.00
10/1412010
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
0015350
42110
444.49
10114/2010 1
91752
CENTER ICE SKATING ARENA
CONTRACT CLASS -FALL
0015350
45320
216.00
$216.00
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
2505310
46415
230.48
10/14/2010
91753
TINA CHANG
CONTRACT CLASS -FALL
0015350
45320
42.00
$42.00
1011412010
DAY & NITE COPY CENTER
PRINT SVCS-P/WORKS
0015510
42110
44.21
10/1412010 1
91754
CONSTRUCTION HARDWARE
HARDWARE -NEW C/HALL
0014093
42210 1
60.36
$60.36
10/14/2010 1
91755
ELIZABETH CURSARO
FACILITY REFUND -HERITAGE
001
23002 1
50.00
$50.00
10/14/2010 1
91756
D & J MUNICIPAL SERVICES INC
BLDG & SFTY SVC -9/16-9/24
0015220
45201
5,186.54
$5,186.54
10/14!2010
91757
DAVID J. GRUNDY
P & R COMM -9123
0015350
44100
45.00
$45.00
10/14/2010
91758
DAVID VOLZ DESIGN
PARK DESIGN -WASHINGTON
2505310
R46415
6,130.19
$6,130.19
10/14/2010
91759
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-684
001
23012
92.19
$1,687.72
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-695
001
23012
118.53
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-669
001
23012
52.68
10114/2010
DAY & NITE COPY CENTER
PRINT SVCS -EN 10-669
001
23012
52.68
10/1412010
DAY & NITE COPY CENTER
PRINT SVCS -NEWSLETTER
0015350
42110
35.12
10/1412010
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
0015350
42110
444.49
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS-DB4 YOUTH
0015350
42110
592.65
10/14/2010
DAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
2505310
46415
230.48
10/1412010
DAY & NITE COPY CENTER
PRINTS SVCS -BLDG & SFTY
0015220
42110
24.69
1011412010
DAY & NITE COPY CENTER
PRINT SVCS-P/WORKS
0015510
42110
44.21
'm
Check Date I Check Number
City of Diamond Bar - Check Register 10/14/10 thru 10/27/10
Vendor Name
Transaction Description
Fund( Dept ( Acct # I Amount I Total Check Amount
10/1412010
91760
CAROL DENNIS
PROF.SVCS-PIC MTG
0015210
44000
75.00
$350.00
10/14/2010
CAROL DENNIS
PROF.SVCS-CNCL MTG
0014030
44000
75.00
$500.00
1011412010
91763
CAROL DENNIS
PROF.SVCS-P & R COMM
0015310
44000
200.00
$60.00
10(14/2010
91761
DH MAINTENANCE
JANITORIAL SVCS -DBC SEPT
0015333
45300
12,250.83
$13,622.00
10/1412010
DH MAINTENANCE
JANITORIAL SVCS -PARKS
0015340
42210
735.17
$500.00
10/14/2010
91763
DH MAINTENANCE
ADDL MAINT-DBC
0015333
45300
636.00
$60.00
10/14(2010
91762
MALI DONG
FACILITY REFUND -DBC
001 1
23002 1
175.00
$500.00
10/14/2010
IIMC
MEMBERSHIP DUES-DOYLE
0014030
42315
75.00
$500.00
10/14/2010 1
91763
EDUCATION TO GO
CONTRACT CLASS -SUMMER
0015350
45320
60.00
$60.00
10/14(2010
91764
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
89.19
$89.19
10/14/2010
91765
JDAVID FERNANDEZ
CONTRACT CLASS -FALL
0015350
45320
664.50
$664.50
10/14/2010
91766
GO LIVE TECHNOLOGY INC
PROF.SVCS-CNIEW WK 1018
1 001
23005 1.
3,900.00
$3,900.00
10(14/2010
91767
GRAFFITI CONTROL SYSTEMS
GRAFFITI REMOVAL -SEPT 10
0015230
45520
5,200.00
$5,200.00
10/14/2010
91768
HASLER INC
EQ RENTAL -POSTAGE
0014090
42130
148.16
$148.16
10/14/2010
91769
RACQUEL COREEN HERNANDEZ
CONTRACT CLASS -SAT PREP
0015350
1 45320 1
783.00 1$783.00
1011412010
91770
LEW HERNDON
P & R COMM -9/23
0015350
1 44100
45.001
$45.00
10/14/2010
91771
DONA HINDS
RECREATION REFUND
001
34730
89.00
$89.00
10/14/2010
91772
TENG HUANG
RECREATION REFUND
001
1 34780
60.00
$60.00
10/14/2010
91773
IIMC
MEMBERSHIP DUES-CRIBBINS
0014030
42315
175.00
$250.00
10/14/2010
IIMC
MEMBERSHIP DUES-DOYLE
0014030
42315
75.00
$500.00
10114/2010 1
91774
INCONTACT INC
LONG DIST SVCS -SEPT 10
0014090
1 42125 1
51.941
$51.94
$500.00
10/14/2010 1
91775
INLAND ENGINEERING SERVICES INC
REFUND -EP 09-4009
001
23012 1
500.00
Page 3
City of Diamond Bar - Check Register 10/14/10 thru 10/27/10
Check Date lCheck'Numberl Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount
10/14/2010 1
91776
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 10-391
001
23010
377.40$377.40
$146.32
1 1
10/14/2010
1
KENS HARDWARE
SUPPLIES -ROAD MAINT
0015554
41250
1 49.79
10/14(2010
91777
INTL COUNCIL OF SHOPPING CENTERS
MEMBERSHIP DUES -COM DEV
0014096
42315 1
50.00
$50.00
10/14/2010
LOS ANGELES COUNTY SHERIFF'S DEPT.
CONTRACT SVCS -SEPT 2010
0014411
45401
424,873.31
10114(2010
91778
ISAAC H AZIZ
REIMB-TUITION
0014060
42341
389.49
$389.49
10/1412010
91779
CARLOS KATIGBAK
FACILITY REFUND-PANTERA
001
23002
50.00
$50:00
10/14/2010
91780
KENS HARDWARE
SUPPLIES -ROAD MAINT
0015554
41250
1 96.53
$146.32
1 1
10/14/2010
1
KENS HARDWARE
SUPPLIES -ROAD MAINT
0015554
41250
1 49.79
10/14/2010 1
91781
LA DATA SECURITY
JDATA STORAGE SVCS -SEPT
0014070
1 45000 1
620.001
$620.00
10(14/2010
1
LOS ANGELES COUNTY MTA
CITY SUBSIDY -OCT 2010
1125553
45533
1 1,028.25
10!14/2010
91782
KWANG HO LEE
PLNG COMM -9/28
0015210
1 44100 1
65.00
$65.00
10/14/2010
LOS ANGELES COUNTY SHERIFF'S DEPT.
CONTRACT SVCS -SEPT 2010
0014411
45401
424,873.31
10/14/2010 1
91783
LEIGHTON & ASSOCIATES, INC.
GEOTECH SVCS-PATHFNDR
1 2505510
1 46420 1
671.00
$671.00
10/14/2010
91784
GIGI LODHIA
RECREATION REFUND
001
34780
83.00
$83.00
10/14/2010
91785
LOS ANGELES COUNTY MTAMTA
PASSES -OCT 2010
1125553
45535
3,674.25
$4,702.50
10(14/2010
1
LOS ANGELES COUNTY MTA
CITY SUBSIDY -OCT 2010
1125553
45533
1 1,028.25
10/14/2010 91786 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -MAY 10 0015510 45530 1,088.73 $1,088.73
10/14/2010
91787
LOS ANGELES COUNTY SHERIFF'S DEPT.
CONTRACT SVCS -AUG 2010
0014411
45401
424,716.86
$858,081.86
10/14/2010
1
LOS ANGELES COUNTY SHERIFF'S DEPT.
CALVARY CHAPEL -AUG 2010
0014411
45402
8,220.17
10(14/2010
LOS ANGELES COUNTY SHERIFF'S DEPT.
TRANSIT SALES -SEPT 2010
1125553
45402
135.76
10/14/2010
LOS ANGELES COUNTY SHERIFF'S DEPT.
CONTRACT SVCS -SEPT 2010
0014411
45401
424,873.31
10/14/2010
LOS ANGELES COUNTY SHERIFF'S DEPT.
TRANSIT SALES -AUG 2010
1125553
45402
135.761
1
10114/2010
91788
LPA INC
ARCHITECTURAL SVCS -SEPT
0014093
1 440006,584.18
1 585.12
$9,133.13
10(14(2010
1
LPA INC
ARCHITECTURAL SVCS -SEPT
0014093
44000
2,548.95
10114/2010
1 91789
MERCURY DISPOSAL SYSTEMS INC
RECYCLING FEES -JULY 2010
1155515
1 44000
1 585.12
$1,614.18
10/14/2010
1
MERCURY DISPOSAL SYSTEMS INC
RECYCLING FEES AUG 2010
1155515
44000
1,029.06
City of Diamond Bar - Check Register 10/14/10 thru 10/27/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
91790
CHIASIA MOUA
RECREATION REFUND
001
34780
81-001
$85.00
10/14/2010
91791
NEAD
PROF.SVCS-DIB COMM
0014095
44000
500.00
$500.00
10/14/2010
PERS RETIREMENT
RETIRE CONTRIB-EE
001
21109
208.88
10/14/2010
91792
STEVE G NELSON
PLNG COMM -9/28
0015210
44100
65.00
$65.00
10/14/2010
91793
KATHLEEN ERIN NOLAN
PLNG COMM -9/28
0015210
1 44100
65.00
$65.00
10/14/2010
91794
ITED OWENS
P & R COMM -9/23
0015350
44100
45.00
$45.00
10/14/2010 1
91795
MARGARET PASCUAL
FACILITY REFUND-PANTERA
1 001
23002
50.00
$50.00
10/14/2010
91796
PERS RETIREMENT
SURVIVOR BENEFIT
001
21109
8.00
$527.93
10/14/2010
PERS RETIREMENT
RETIRE CONTRIB-EE
001
21109
208.88
10/14/2010
91801
PERS RETIREMENT.
RETIRE CONTRIB-ER
001
21109
311.05
$2,610.18
10/14/2010
91797
PERS RETIREMENT FUND
SURVIVOR BENEFIT
001
21109
47.43
$26,798.36
10/14/2010
PERS RETIREMENT FUND
RETIRE CONTRIB-EE
001
21109
11,184.34
110114/2010 011 4/201 0
91801
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
001
21109
15,566.59
$2,610.18
10/14/2010
91798
TTM DOCUMENT SYSTEMS
PRINT SVCS -W2 TAX FORMS
0014050
42110
33.54
$100.21
10/14/2010
JPTM DOCUMENT SYSTEMS
PRINT SVCS -1099 FORMS
0014090
41200
66.67
10/14/2010
91799
PUBLIC STORAGE #23051
STORAGE RENTAL -UNIT 2303
0014090
42140
122.00
$640.00
10/14/2010
PUBLIC STORAGE #23051
STORAGE RENTAL -UNIT 2153
0014090
42140
259.00
10/14/2010
91801
PUBLIC STORAGE #2305.1
STORAGE RENTAL -UNIT 2145
0014090
42140
259.00
$2,610.18
10/14/2010
91800
PYRO COMM SYSTEMS INC
FIRE ALARM SVCS -NEW C/HLL
1 0014093
45000
85.00
$85.00
10/14/2010
REGIONAL TAP SERVICE CENTER
CITY SUBSIDY -SEPT 2010
1125553
45533
2,488.44
10/14/2010
91801
R F DICKSON COMPANY INC
DEBRIS SVCS -AUG 2010
1155515
45500
2,610.18
$2,610.18
10/14/2010
91802
RANCE THRALL B & T CATTLE
BRUSH CONTROL -GOATS
1415541
R45519
18,000.00
$18,000.00
10/14/2010
91803
REGIONAL TAP SERVICE CENTER
TAP PASSES -SEPT 2010
1125553
45535
9,953.751.
$12,442.19
10/14/2010
REGIONAL TAP SERVICE CENTER
CITY SUBSIDY -SEPT 2010
1125553
45533
2,488.44
Page 5
130ow WWI
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
91804
RICOH AMERICAS CORPORATION
DATA SECURITY PATCH-I.T.
0014070
42210
923.34
$923.34
10/14/2010 1 91805 1 DAVID A ROBERTO I P & R COMM -9/23 1 0015350 1 44100 1 45.00 $45.00
10/14/2010
1 91806
C SIGNS & SUPPLIES LLC
SUPPLIES -ROAD MAINT
0015554
41250
1,451.99
$3,070.80
10/14/2010•
IS
IS C SIGNS & SUPPLIES LLC
SIGNS -ROAD MAINT
0015554
41250
1
1,618.81
1
10/14/2010 1
91807
AKEMI SAKURAI
FACILITY REFUND -DBC
001
36615
400.00
$400.00
10/1412010
1
SILVER STATE COACH INC
EXCURSION -SANTA BARBARA
0015350
45310
203.13
10/14/2010 1
91808
SAN GABRIEL VALLEY COUNCIL OF GOVT
TAC MTG-YEE/GALLEGOS
0015510
42325
50.00
$50.00
10/14/2010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS=TRFFC CONTROL
0015510
42126
777.37
10/14/2010
91809
IFARIBA SHANTIYAI
FACILITY REFUND -DBC
001
23002
650.00
$650.00
10/14/2010
91810
SILVER STATE COACH INC
EXCURSION -TRANSPORTATION
1125350
45310
735.12
$938.25
10/1412010
1
SILVER STATE COACH INC
EXCURSION -SANTA BARBARA
0015350
45310
203.13
10/14/2010
91811
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
71.47
$1,569.38
10/14/2010
1
SOUTHERN CALIFORNIA EDISON
ELECT SVCS-TRFFC CONTROL
0015510
42126
95.28
10/14/2010
91813
SOUTHERN CALIFORNIA EDISON
ELECT SVCS TRFFC CONTROL
0015510
42126
625.26
$959.94
10/14/2010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS=TRFFC CONTROL
0015510
42126
777.37
10/14/2010
91812
SPARKLETTS
WATER SVCS -PARKS
0015340
1 42130 1
58.521
$58.52
10/14/2010
1
TIME WARNER
INTERNET SVCS -HERITAGE
0014070
1 44030
132.35
10/14/2010 1
91813
TELEPACIFIC COMMUNICATIONS
T1 SVCS -OCT 10
0014070
440309
59.94
$959.94
10/14/2010 1
91814
TENNIS ANYONE
CONTRACT CLASS -FALL
1 0015350
45320
5,016.90
$5,016.90
10/14/2010
91$15
SHAILESH THACKERAY
RECREATION REFUND
001
34780 1
41.00
$41.00
10/14/2010
91816
THE COMDYN GROUP INC
CONSULTING SVCS -GIS
0014070
44000
1,169.77
$1,169.77
10/14/2010 1
91817
THE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD -FPL 2010-397
001
23010
337.821
$337.82
10/14/2010
91818
THE SAUCE CREATIVE SERVICES
SIGNS -HAUNTED HOUSE
0015350
1 45300 1
500.001
$500.00
10/14/2010
1 91819
TIME WARNER
INTERNET SVCS-C/HALL
0014070
44030
252.60
$384.95
10/14/2010
1
TIME WARNER
INTERNET SVCS -HERITAGE
0014070
1 44030
132.35
Check Date I Check Number
City of Diamond Bar - Check Register 10/14/10 thru 10/27/1"r
ill
Vendor Name
Fransaction Description
Fund/ Dept I Acct # I Amount Notal Check Amount
10/14/2010 1
91820
WEN KUEI TONG
REFUND -EN 10-705
001
23012 1
500.00
$500.00
10/14/2010
US BANK
MAINT-PARKS
0015340
42210
97.87
10/14/2010 1
91821
TRANSCORE LLC
TRFFC MGMT SYS-P/WORKS
2505510
1 R46412
8,320.00
$.8,320.00
10/14/2010
91823
US BANK
FUEL -COMM SVCS
0015310
42310
150.00
$11,250.50
10/14/2010
US BANK
MAINT-PARKS
0015340
42210
97.87
10/14/2010
US BANK
EQ MAINT-COMM SVCS
0015310
42200
732.15
10/14/2010
US BANK
FUEL -ROAD MAINT
0015554
42310
298.16
10/14/2010
US BANK
SUPPLIES -ROAD MAINT
0015554
41250
214.29
10/14/2010
US BANK
FUEL -COMM SVCS
0015310
42310
55.00
1 011 4/201 0
US BANK
MISAC MTG-DESFORGES
0014070
42325
199.40
10/14/2010
US BANK
ISSA-OC MTG-DESFORGES
0014070
42325
75.00
1011412010
US BANK
CAMERA -NEW CITY HALL
0014093
42210
585.62
10/14/2010
US BANK
MTG-P/WORKS
0015510
42325
22.50
1 011 4/201 0
US BANK
COMP MAINT-I.T.
0014070
42205
995.00
10/14/2010
US BANK
APA CONF-G LEE
0015210
42330
645.00
1011412010
US BANK
SUPPLIES -COMM SVCS
0015350
41200
282.38
10/14/2010
US BANK
TRNG-CRIBBINS
0014030
42340
387.55
10/14/2010
US BANK
SUPPLIES-H/R
0014090
41200
43.88
10/14/2010
US BANK
SUPPLIES -COMM SVCS
0015350
41200
132.83
10/14/2010
US BANK
SUPPLIES -DBC
0015333
41200
246.25
10/14/2010
US BANK
EXCURSION-CARPINTERIA
0015350
45310
978.36
10/14/2010
US BANK
SUPPLIES -COUNCIL
0014010
41200
55.49
10/14/2010
US BANK
LEAGUE CONF-COUNCIL
0014010
42330
541.22
1011412010
US BANK
MTGCMGR
0014030
42325
41.65
10/14/2010
US BANK
LEAGUE CONF-CMGR
0014030
42330
493.96
10/14/2010
US BANK
SUPPLIES -COMM SVCS
0015350
41200
236.07
10/14/2010
US BANK
SUPPLIES -COMM SVCS
0015350
42410
57.60
10/14/2010
US BANK
NPELRA CONF-DOYLE
0014030
42325
75.00
10/14/2010
US BANK
MEMBERSHIP DUES-DOYLE
0014030
42315
87.50
10/14/2010
US BANK
LEAGUE CONF-DOYLE
0014030
42330
83.90
10/14/2010
US BANK
FUEL -COMM SVCS
0015310
42310
302.00
10/14/2010
US BANK
SCPMA MTG-HIR
0014060
42325
30.00
1 0/1 41201 0
US BANK
PUBLICATIONS -HIR
0014060
42320
108.32
Page 7
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
91823...
US BANK
TRNG-D GONZALES
0014060
42340
119.00
$11,250.50 ...
10/14/2010
US BANK
FUEL -POOL VEH
0014090
42310
133.08
10/14/2010
US BANK
FUEL -ROAD MAINT
0015554
42310
25.01
10/14/2010
US BANK
FUEL -COMM SVCS
0015310
42310
167.00
10/14/2010
US BANK
FUEL -COMM SVCS
0015310
42310
150.00
10/14/2010
US BANK
FUEL-NGHBRHD IMP
0015230
42310
118.44
10/14/2010
US BANK
SUPPLIES -ROAD MAINT
0015554
41250
124.48
10/14/2010
US BANK
FUEL -ROAD MAINT
0015554
42310
311.56
10/14/2010
US BANK
FUEL-NGHBRHD IMP
0015230
42310
154.08
10/14/2010
US BANK
MTG SUPPLIES -GENERAL
0014090
42325
54.87
10114/2010
US BANK
FUEL-NGHBRHD IMP
0015230
42310
68.27
10/14/2010
US BANK
EQ MAINT-NGHBRHD IMP
0015230
42200
14.78
10/14/2010
US BANK
MBR DUES-MCLEAN/NPELRA
0014030
42315
87.50
10/14/2010
US BANK
AD-P/INFO
0014095
42112
75.00
10/14/2010
US BANK
PUBLICATION-P/WORKS
0015510
42320
279.55
10/14/2010
US BANK
TRNG-MALPICA
0015510
42340
199.00
10/14/2010
US BANK
MTG SUPPLIES-P/VVKS
0015510
42325
36.16
10/14/2010
US BANK
FUEL -COMM SVCS
0015310
42310
145.00
10/14/2010
US BANK
MTG-GUBMAN
0015210
42325
9.77
10/14/2010
US BANK
NGHBRHD IMP ABATEMENT
0015230
45214
79.00
10/14/2010
US BANK
APA CONF-GUBMAN
0015210
42330
645.00
10/14/2010
91824
VALLEY CREST LANDSCAPE MAINT INC
IRRIGATION REPAIR-PANTERA
0015340
42210
617.93
$32,597.75
10/14/2010
VALLEY CREST LANDSCAPE MAINT INC
IRRIGATION REPAIR-PETERSN
0015340
42210
370.27
10/14/2010
VALLEY CREST LANDSCAPE MAINT INC
IRRIGATION REPAIR-PETERSN
0015340
42210
381.74
1011412010
VALLEY CREST LANDSCAPE MAINT INC
IRRIGATION REPAIR-PANTERA
0015340
42210
399.99
10/14/2010
VALLEY CREST LANDSCAPE MAINT INC
IRRIGATION REPAIR-SUMMTRD
0015340
42210
580.91
10/14/2010
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINT-DBC
0015333
45300
5,645.47
10/14/2010
VALLEY CREST LANDSCAPE MAINT INC
LANDSCAPE MAINT-PARKS
0015340
45300
24,601.44
10/14/2010 1 91825 VANTAGEPOINT TRNSFR AGNTS-303248 10/15/10-P/R DEDUCTIONS 001 1 21108 1 4,454.65 $4,454.65
10/14/2010
91826
CALIFORNIA
PH.SVCS TELEWK ACTS
0014090
42125
174.89
$1,289.29
10/14/2010
IVERIZON
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
1 42125
793.94
Page 8
City it Diamond
,} ./t: f :., ,} ,I Check
e .• .•.,,. •, 10/14/10
'j4' 10/27/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/14/2010
91826...
VERIZON CALIFORNIA
PH.SVCS-FAX LINE/CMGR
0014030
42125
37.98
$1,289.29...
1 0/1 41201 0
91828
VERIZON CALIFORNIA
PH.SVCS-NEW C/HALL
0014093
42125
167.55
$20.00
10/1412010
VERIZON CALIFORNIA
PH.SVCS-HTRG COMM CTR
0015340
42125
37.26
10/14/2010
91833
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK ALARM
0015340
42125
77.67
$100.00
10/14/2010 1
91827
JDANNYVILORIA
FACILITY REFUND-PANTERA
001
23002 1
50.00
$50.00
10/14/2010
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
-0015340
41200
234.67
10/14!2010 1
91828
CHANELLE WANG
VOLUNTEE I STIPEND
0015350
1 45300
20.00
$20.00
10/14/2010
91829
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
1 41200
197.95
$432.62
10/14/2010
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
-0015340
41200
234.67
10/14/2010
91830
WELLDYNERX
SHARPS SVCS -JULY 10
1155515
44000
64.64
$258.56
10/14/2010
WELLDYNERX
SHARPS SVCS -AUG 2010
1155515
44000
80.80
10/14/2010
91832
WELLDYNERX
SHARPS SVCS -AUG 2010
1155515
44000
32.32
$65.00
10/1412010
WELLDYNERX
SHARPS SVCS -SEPT 2010
1155515
44000
80.80
10/14/2010
91831
WILDLIFE CORRIDOR CONSERVATION AU TH
ANNL MEMBERSHP DUES -10/11
1 0014090 1
42315 1
$500.00
10/14/2010 1
91832
YI TONY TORNG
PLNG COMM -9/28
0015210
1 44100 1
65.00
$65.00
10/21/2010 1
91833
JEAN VALERIO ABIAD
FACILITY REFUND -DBC _
001
23002
100.00
$100.00
10/21/2010
91834
ALLIANT INSURANCE SERVICES INC
SPCL INS-F/F FESTIVAL
0015350
45300 1.
454.50
$454.50
10/21/2010
91835
ALWAYS JUST FOR FUN
IBALLOON ARTISTS-F/FSTVL
0015350
45300
440.00
$440.00
10/21/2010
91836
REBECCA AMBRIZ
FACILITY REFUND -HERITAGE
001
23002
200.00
$200.00
10/21/2010 1
91837
AMERICOMP GROUP INC
SUPPLIES -TONERS
1 0014070
41200
331.42
$331.42
10/21/2010
91838
CHARLES ANDREU
PKNG CITATION HEARING -AUG
1 0014411
45405
105.00
$105.00
10/21/2010
91839
CHRISTINE ANN ANGELI
ICONTRACT CLASS -FALL
0015350
45320
84.00
$84.00
10/21/2010
91840
ARCHITERRA DESIGN GROUP INC
CONSTRUCTION-SYC CYN
2505310
R46415
417.04
$3,610.89
Page 9
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/21/2010
91840...
ARCHITERRA DESIGN GROUP INC
CONSTRUCTION-SYC CYN
2505310
R46415
512.00
$3,610.89 ...
10/21/2010
91843
ARCHITERRA DESIGN GROUP INC
CONSTRUCTION-SYC CYN
2505310
R46415
2,381.25
$28,451.32
10/21/2010
ARCHITERRA DESIGN GROUP INC
DESIGN SVCS -MINI PARKS
2505310
R46415
300.60
10/21/2010
91841
ROBERTA ARROYO
FACILITY REFUND -DBC
001
23002
500.00
$397.29
10/21/2010
1
ROBERTA ARROYO
FACILITY CHRGS-DBC
001
36,615
-102.71
1
10/21/2010
91842
HARTMAN BALDWIN
FACILITY REFUND -DBC
001
23002
100.00
$100.00
10/21/2010
1
IBASHFORD
BASHFORD ENTERPRISES
HIP PROG-1329 RLLNG KNOLL
1255215
44000
1
980.80
10/21/2010
91843
BANK OF SACRAMENTO
IRETENTION PYBLE-RJ NOBLE
250
20300
28,451.32
$28,451.32
10/21/2010
1 91844
ENTERPRISES
HIP PROG-1329 RLLNG KNOLL
1255215
44000
8,827.20
$9,808.00
10/21/2010
1
IBASHFORD
BASHFORD ENTERPRISES
HIP PROG-1329 RLLNG KNOLL
1255215
44000
1
980.80
10/21/2010 1
91845
GILDA BERLIN
FACILITY REFUND -DBC
001
1 23002 1
550.001
$550.00
10/21/2010
I
DAVID EVANS AND ASSOCIATES INC
PROF.SVCS-FPL 10-380
001
23010
353.51
10/21/2010
91846
BONTERRA CONSULTING INC.
PROF.SVCS-FPL 02-65
001
23010
425.00
$425.00
10/21/2010
91847
KATHY BREAUX
CONTRACT CLASS -FALL
0015350
45320
115.20
$115.20
10/2112010 1
91848
BEVERLY CARTWRIGHT
FACILITY REFUND -HERITAGE
001
1, 23002 1
200.00
$200.00
10/21/2010 1
91849
GASH
CHANGE-F/FUN FESTIVAL
001
34720
600.00
$600.00
10/21/2010 1
91850
CONCEPCION CHAVEZ
FACILITY REFUND -DBC
001
1 23002 1
100.00
$100.00
10/21/2010
91851
NANCY CLARK
IFACILITY REFUND -DBC
001
1 23002 1
500.00
$500.00
10/21/2010 1
91852
DAPEER ROSENBLIT & LITVAK LLP
LEGAL SVCS -SEPT 2010
0014020
1 44023
10,555.91
$10,555.91
10/21/2010
91853
DAVID EVANS AND ASSOCIATES INC
PROF.SVCS-FPL 10-388
001
23010
1,318.50
$11,094.26
10/21/2010
I
DAVID EVANS AND ASSOCIATES INC
PROF.SVCS-FPL 10-380
001
23010
353.51
1012112010
DAVID EVANS AND ASSOCIATES INC
LANDSCAPE DSGN-LEMON AVE
0015510
R45221
9,422.25
10/21/2010
1 91854
MAINTENANCE
JANITORIAL SVCS -DBC
0015333
45300
12,250.83
$12,986.00
10/21/2010
I
jDH
DH MAINTENANCE
JANITORIAL -PARKS
0015340
1 42210
735.17
1
Page 10
t
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
10/2112010
91855
DIAMOND BAR HAND CAR WASH
CAR WASH -POOL VEH
0014090
42200
194.83
$345.12
10/21/2010
91857
DIAMOND BAR HAND CAR WASH
CAR WASH-P/WKS
0015554
42200
87.34
$239.36
10/21/2010
DIAMOND BAR HAND CAR WASH
CAR WASH-NGHBRHD IMP
0015350
42200
24.98
10/21/2010
91858
DIAMOND BAR HAND CAR WASH
CAR WASH -COMM SVCS
0015310
42200
37.97
$360.00
10/21/2010
91856
IDIANA CHO & ASSOCIATES
CONSULTANT SVCS-CDBG
1255215
1 44000
2,040.001
$2,040.00
10121/2010
1
DIANA DUNCAN
SUPPLIES-F/FUN FESTIVAL
0015350
41200
350.00
10/21/2010
91857
DIVERSIFIED PARATRANSIT INC
TRNSPRTN-D/B DAY FAIR
0015350
1 45300 1
239.361
$239.36
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL -PETERSON
0015340
42210
50.00
10/21/2010
91858
ANNETTE DRUMONDE
CONTRACT CLASS -FALL
0015350
1 45320
360.00
$360.00
10/21/2010
91859
DIANA DUNCAN
SUPPLIES-F/FUN FESTIVAL
0015350
41200
235.00
$585.00
10121/2010
1
DIANA DUNCAN
SUPPLIES-F/FUN FESTIVAL
0015350
41200
350.00
10/21/2010
91860
EMERALD LANDSCAPE SERVICES INC
LANDSCAPE MAINT-SEPT 10
0014093
42210
204.00
$1,020.00
10121/2010
JEMERALD LANDSCAPE SERVICES INC
LANDSCAPE MAINT-OCT 10
0014093
42210
816.00
10/21/2010
91861
ESRI INC
GIS SF(WR MAINT-12/10-11
0014070
.42205
11,776.481
$11,776.48
10/21/2010
EXCEL LANDSCAPE
LNDSCP MAINT-DIST 39
1395539
45500
11,610.95
10/21/2010
91862
DONNA ESTUDILLO
FACILITY REFUND-PANTERA
001
23002
50.00
$50.00
10/21/2010
91863
EXCEL LANDSCAPE
LNDSCP MAINT-DIST 38
1385538
45500
11,608.00
$27,362.82
10/21/2010
EXCEL LANDSCAPE
LNDSCP MAINT-DIST 39
1395539
45500
11,610.95
10/21/2010
EXCEL LANDSCAPE
LNDSCP MAINT-DIST 41
1415541
45500
4,143.87
10/21/2010
91864
EXTERMINETICS OF SO CAL INC
PEST CONTROL-STARSHINE
0015340
42210
125.00
$360.00
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
75.00
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL -DBC
0015333
45300
40.00
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL -PETERSON
0015340
42210
50.00
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL -HERITAGE
0015340
42210
40.00
10/21/2010
EXTERMINETICS OF SO CAL INC
PEST CONTROL-PANTERA
0015340
42210
30.00
10/21/2010 1 91865 IFEDEX EXPRESS MAIL -GENERAL 10014090 1 42120 1 175.551 $175.55
10/2112010
91866
FEHR & PEERS
PROF.SVCS-ENG SR57160
1165510
1 R44000
4,962.55
$7,844.78
10/21/2010
FEHR & PEERS
PROF.SVCS-ENG SR57/60
1165510
R44000
2,882.23
Page 11
iijj�i ill,
t S, I' i.'{'' (] ''i ;, z�? It i r' • 4 '•' •. •-',
Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct# I Amount Notal Check Amount
10/21/2010
91867
GATEWAY CORPORATE CENTER ASSOC
ASSOCIATN DUES -NEW C/H
0014093
1 42210 1
1,665.98
$1,665.98
10/21/2010
JILEANA
ILEANA HEREDIA
FACILITY CHRGS-REAGAN
001
36615
-34.00
$70.00
10/21/2010
91868
GOVPARTNER
REQUEST PARTNER -OCT
0014070
44030
850.00
$850.00
10/21/2010
91869
SHANNONGRIFFITHS
CONTRACT CLASS -FALL
0015350
1 45320 1
288.001
$288.00
10121/2010
91870
HEREDIA
FACILITY REFUND-REAGAN __7001
0015350
23002
50.00
$16.00
10/21/2010
JILEANA
ILEANA HEREDIA
FACILITY CHRGS-REAGAN
001
36615
-34.00
$70.00
10/2112010 1
91871
JEFFREY HIROSE
CONTRACT CLASS -FALL
0015350
1 45320 1
627.00
$627.00
10/21/2010
INLAND EMPIRE STAGES
TRANSPORTATION-FNTSY SPNG
1125350
45310
1,347.75
$70.00
10/21/2010 1
91872
HOFFMAN SOUTHWEST CORP
REPAIR -CITY SIDEWALK
0015554
1 45504
349.15
$349.15
10/21/2010
91873
INLAND EMPIRE STAGES
TRANSPORTATION -SANTA YNEZ
1125350
45310
960.38
$5,434.75
10/21/2010
INLAND EMPIRE STAGES
TRANSPORTATION-FNTSY SPNG
1125350
45310
1,347.75
$70.00
10/21/2010
91877
INLAND EMPIRE STAGES
EXCURSION -SANTA YNEZ
0015350
45310
3,126.62
$100.00
10/21/2010
91874
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 10-403
001
23010
339.60
$683.40
10/21/2010
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 10-406
001
23010
343.80
$70.00
10/21/2010
91875
INLAND VALLEY HUMANE SOCIETY
ANIMAL CONTROL-NOV 2010
0014431
1 45403
9,065.00
$10,315.00
10/21/2010
INLAND VALLEY HUMANE SOCIETY
FACILITY ASSESSMENT-NOV
0014431
1 45403
1,250.00
$70.00
10/21/2010
91876
INTL COUNCIL OF SHOPPING CENTERS
MEMBERSHP DUES -12/13
0014096
1 42315 1
270.00
$270.00
10/21/2010
KENS HARDWARE -
SUPPLIES -DBC
0015333
41200
42.48
$70.00
10/21/2010
91877
IVYMAX INC
FACILITY REFUND -DBC
001
23002
100.001
$100.00
10/21/2010 191878
IJUDICIAL DATA SYSTEM CORP
PARKING CITE ADMIN -SEPT
0014411
45405
358.721
$358.72
10/21/2010
91879
KENS HARDWARE
SUPPLIES -COMM SVCS VEH
.0015310
42200
71.79
$212.04
10/21/2010
KENS HARDWARE -
SUPPLIES -DBC
0015333
41200
42.48
$70.00
10/21/2010
91881
KENS HARDWARE
SUPPLIES -PARKS
0015340
41200
97.77
10/21/2010 191880
KWIK COVERS
SUPPLIES -COMM SVCS
0015350
1 41200 1
922.471
$922.47
$70.00
10/21/2010 1
91881
ILEAGUE OF CALIFORNIA CITIES
MTG-COUNCIL
0014010
1 42325 1
35.001
Page 12
City of Diamond Bar - Check Register 10/14/10 thru 10/27/10
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct # i
Amount
Total Check Amount
10/21/2010
91881...
LEAGUE OF CALIFORNIA CITIES-
MTG-COUNCIL
0014010
42325
35.00
$70.00 ...
10/21/2010 1
91882
ILEWIS ENGRAVING INC.
ENGRAVING SVCS -TILE
10014090
1 42113 1
19.76
$19.76
10/21/2010
LOS ANGELES COUNTY MTA
ICITY SUBSIDY -SEPT 2010
1125553
45533
•30.00
$100.00
10/21/2010
91883
LANTING LI
IFACILITY REFUND -DBC
1001
123002 1
100.00
$100.00
10/21/2010 1
91884
LIEBERT CASSIDY WHITMORE
LEGAL SVCS -GENERAL
0014020
44021
18.00
$18.00
10/21/2010
91885
ROBERT LIN
FACILITY REFUND -DBC
001
123002
100.001
$100.00
10/21/2010
91886
LOS ANGELES COUNTY MTA
MTA PASSES -SEPT TAP
1125553
1 45535
1 120.00
$150.00
10/21/2010
LOS ANGELES COUNTY MTA
ICITY SUBSIDY -SEPT 2010
1125553
45533
•30.00
$100.00
10/21/2010 1 91887 JOYCELYN MALLARI FACILITY REFUND -HERITAGE 001 1 23002 1 200.001 $200.00
10/21/2010
91888
MOONLIGHT PRESS
DEV
0015210
41200
248.55
$497.09
10/21/2010
IMOONLIGHT PRESS
JENVELOPES-COM
ENVELOPES -COMM SVCS
0015510
41200
248.54
$100.00
10/21/2010 1
91889
ICONSUELO NERI
IFACILITY REFUND -DBC
1001
123002 1
350.00 1$350.00
$31,494.65
10/21/2010
PERS HEALTH
NOV 2010 -HEALTH INS PREMS
0014090
40086
420.00
$100.00
10/21/2010 1
91890
NEXTEL COMMUNICATIONS
CELL CHRGS-P/W, C/S, CID
0014090
1 42125 1
578.05
$578.05
10/21/2010 1
91891
ONWARD ENGINEERING
MAINT-AREA 6 SEPT 2010
12505510
1 R46411 1
14,175.001
$14,175.00
10/21/2010 1
91892
ICHERYL OVERSTREET
FACILITY REFUND-SYC CYN
1 001
1 23002 1
50.00
$50.00
10/21/2010 1
91893
PACIFIC TELEMANAGEMENT SERVICES
PH.SVCS-PARKS NOV 10
0015340
1 42125 1
495.84
$495.84
10/21/2010 1
91894
MAGGIE PEREZ
RECREATION REFUND
001
34780
112.00
$112.00
10/2112010
91895
PERS HEALTH
NOV 2010 -HEALTH INS PREMS
001
21105
30,928.09
$31,494.65
10/21/2010
PERS HEALTH
NOV 2010 -HEALTH INS PREMS
0014090
40086
420.00
$100.00
10/21/2010
91897
PERS HEALTH
NOV 2010 -HEALTH INS PREMS
0014090
40093
146.56
10/21/2010 1
91896
JDAVID PETRIE
IFACILITY REFUND-SYC CYN
1001
23002
50.00
$50.00
$100.00
10/21/2010
91897
JJOOM PFRUNDER
FACILITY REFUND -DBC
1001
23002
100.001
Page 13
10/21/2010
91900
REPUBLIC ELECTRIC
T/SIGNAL MAINT-AUG 2010
0015554
45507
4,102.00
Check Date
Check Number
Vendor Name
REPUBLIC ELECTRIC
Transaction Description
0015554
Fund/ Dept
Acct#
Amount
Total Check Amount
91903
REPUBLIC ELECTRIC
T/SIGNAL MAINT-PULLBOX
0015554
45507
420.00
$99.00
10/2112010
10/21/2010
1 91898 IR F DICKSON COMPANY INC
ST SWEEPING SVCS -SEPT
0015554
45501
9,916.90
$9,916.90
10/21/2010 1
91904
ISHARP SEATING
ROSE PARADE TICKETS 1/11
0015350
1 45310 1
609.00
10/21/2010
1 91899 JKATYA REIMER
FACILITY REFUND -DBC
1001 1
23002 1
100.00
$100.00
10/21/2010
91900
REPUBLIC ELECTRIC
T/SIGNAL MAINT-AUG 2010
0015554
45507
4,102.00
$9,920.81
10/21/2010
REPUBLIC ELECTRIC
T/SIGNAL MAINT-AUG 10
0015554
45507
5,398.81
$153.68
10/21/2010
91903
REPUBLIC ELECTRIC
T/SIGNAL MAINT-PULLBOX
0015554
45507
420.00
$99.00
10/21/2010
1 91901
NOBLE COMPANY
RETENTION PAYABLE
250
20300
-28,451.32
$256,061.89
10/21/2010
JRJ
RJ NOBLE COMPANY
CONSTRUCTION -AREA 6
2505510
R46411
284,513.21
$153.68
10/21/2010 1
91902
IDENA SARIELDIN
IFACILITY REFUND-REAGAN
001
123002 1
50.001
$50.00
10/21/2010
SILVER STATE COACH INC
TRANSPRTWAVOCADO FEST
1125350
45310
1
847.78
$153.68
10121/2010
91903
SCHOOL SPECIALTY INC
SUPPLIES -COMM SVCS
0015350
41200
99.00
$99.00
10/2112010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
22.00
10/21/2010 1
10/21/2010 1
91904
ISHARP SEATING
ROSE PARADE TICKETS 1/11
0015350
1 45310 1
609.00
$609.00
10/21/2010
91905
SILVER STATE COACH INC
EXCURSION -AVOCADO FEST 1
0015350
45310
26.22
$874:00
10/21/2010
SILVER STATE COACH INC
TRANSPRTWAVOCADO FEST
1125350
45310
1
847.78
$153.68
10/21/2010
91906
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -NEW C/HALL
0014093
42126
5,163.13
$5,415.55
10121/2010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
206.14
$153.68
10/21/2010
91910
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
1415541
42126
24.28
10/2112010
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
22.00
10/21/2010 1
10/21/2010 1 91907 ITHE COMDYN GROUP INC ICONSULTING SVCS -GIS 10/8 0014070 1 44000 937.701 $937.70
10/21/2010
91908
THE GAS COMPANY
GAS SVCS-SEPT/OCT
0015333
42126
305.15
$537.87
10/21/2010
THE GAS COMPANY
GAS SVCS -NEW C/HALL
0014093
42126
183.08
$153.68
10/21/2010
91910
THE GAS COMPANY
GAS SVCS-HRTG COM CTR
0015340
42126
49.64
10/21/2010 1
91909
ITHE SAN GABRIEL VALLEY NEWSPAPER GR
LEGAL AD -FPL 10-406
001
1 23010 1
289.521
$289.52
$153.68
10/21/2010 1
91910
ITHOMSON WEST
PUBLICATIONS-C/CLERK
0014030
1 42320
153.68
$48.99
10/21/2010 1
91911
ITIME WARNER
MODEM SVCS -COUNCIL
0014010
1 42130 1
48.991
Page 14
Check Date l Check Numbe
City :i Diamond B.IS Check Register 10/14/10
=,'i '; ,i't h ! i 01
Vendor Name
transaction Description
Fund/ Dept I Acct # I Amount I Total Check Amount
10/21/2010 91912 TRIFYTT SPORTS CONTRACT CLASS -FALL 0015350 1 45320 792.00 $792.00
10121/2010
91913
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
1 42125
107.59
$143.67
10/21/2010
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
0014090
42125
36.08
10/21/2010
91914
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
16,117.86
$47,221.17
10/21/2010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
6,767.74
10/21/2010
91916
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 41
1415541
42126
5,378.83
$250.00
10/2112010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -PARKS
0015340
42126
18,098.99
10121/2010
91917
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DBC
0015333
42126
251.14
$76.83
10/21/2010
WALNUT VALLEY WATER DISTRICT
WATER SVCS -NEW C/HALL
0014093
42126
606.61
10/21/2010
91915
SHARON WANG
VOLUNTEEN STIPEND
10015350
1 45306-1-
530010/21/2010
99.20
$558.00
10/26/2010
LOS ANGELES COUNTY MTA
CITY SUBSIDY - TAP
1125553
45533
24.80
10/21 /2ii
91916
PAUL WRIGHT
A/V SVCS-CNCL/PLNG
0014090
44000
250.00
$250.00
10/26/2010
LOS ANGELES COUNTY MTA
CITY SUBSIDY - TAP
1125553
45533
37.20
10/21/2010
91917
XAVIERS FLORIST
FLORAL ARRGMNT-J DUNN
0014090
1 41400
76.83
$76.83
10/26/2010
91918
LOS ANGELES COUNTY MTA
MTA PASSES - TAP
1125553
45535
99.20
$558.00
10/26/2010
LOS ANGELES COUNTY MTA
CITY SUBSIDY - TAP
1125553
45533
24.80
10/26/2010
LOS ANGELES COUNTY MTA
MTA PASSES - TAP
1125553
45535
148.80
10/26/2010
LOS ANGELES COUNTY MTA
CITY SUBSIDY - TAP
1125553
45533
37.20
10/26/2010
LOS ANGELES COUNTY MTA
MTA PASSES - TAP
1125553
45535
198.40
10/26/2010
LOS ANGELES COUNTY MTA
CITY SUBSIDY - TAP
1125553
45533
49.60
$1,819,733.74
Page 15
Ageiida 9 6.4
-Alleetbig Date.- 1112110
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manager
TITLE: Authorization to exceed the City Manager s purchasing authority of
$25,000 to extend the vendor services agreement with Access Control
Security, Inc. for security services in an amount not to exceed $30,000 for
the 2010/11 fiscal year; plus appropriation of $22,700 to fully fund this
agreement in the 2010/11 FY Budget.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs related to the $22,700 appropriation for security
guards will be recovered through fees charged in the rental contracts for use of the
Diamond Bar Center, The revenue projection for the Diamond Bar Center will be
increased by $22,700 for this fiscal year. Security guard costs of $2,300 for special
events are included in 'the 2010/11 FY general fund budget and are not recovered.
Security guard budget of $5,000 for Diamond Bar Center late night security is
already included in the 2010/11 FY Budget and is also not recovered.
BACKGROUND: The City of Diamond Bar has a $5,000 contract with Access
Control Security to provide security guards at the Diamond Bar Center and at City
Special Events. This contract was awarded through the purchasing authority of the
City Manager. Staff estimates that services from Access Control Services will total
$30,000 for the 2010/11 FY. Only $7,300 of this amount is included in the 2010/11
FY Budget. Therefore, staff is seeking City Council approval to increase the contract
with Access Control Services in an amount not to exceed $30,000, plus appropriate
an additional $22,700 in the 2010/11 FY Budget to fully fund this contract.
DISCUSSION: Access Control Security provides guards for Diamond Bar Center
rentals, City Special Events, and for late night security at the Diamond Bar Center as
needed for building security and staff safety. The City Manager signed a Vendor
Services Agreement with Access Control Security on August 16, 2010 in the amount
of $5,000 for these services. Staff estimates that $22,700 will be spent on guards
for private rentals, $2,300 for special events and $5,000 for late night security at the
Diamond Bar Center as needed for building security and staff safety, for a total
contract amount of $30,000. $22,700 of this amount should be recovered through
fees charged for private rentals.
Prior to this agreement with Access Control Security, renters paid the security
company directly for the guards. Starting in August, 2010 the City collected fees
from the facility users for security costs and deposited them as revenue in the
General Fund. The City then paid the security company invoices, also from the
General Fund. The cost of security guards is documented in the rental contract of
each facility user.
Per the City's Purchasing Ordinance, an award for services to a single vendor in a
fiscal year shall not exceed the City Manager's purchasing authority of $25,000
without prior approval from the City Council. Staff anticipates expenditures of
$30,000 for security guard services for the 2010/11 fiscal year.
Christy Murphey
Recreation Superintendent
REV IA!r W Y:
V
Wo'&K o I e
Director of Community Services
CITY OF DIAMOND BAR
COMMUNITY SERVICES DIVISION
VENDOR SERVICES AGREEMENT
THIS AGREEMENT is made as of August 16, 2010 by and between the City of Diamond Bar, a
municipal corporation ("City") and Access Control Security, Inc, ("Vendor").
RECITALS
A. City desires to utilize the services of the Vendor as an independent contractor to provide
services to City as set forth in Exhibit "A", the City's Request for Proposal dated April 14, 2010.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions
herein contained, the parties hereto agree as follows:
1. Vendor's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Vendor are as described in Exhibit "B" the Vendor's Response, to the City's Request for
Proposals.
B. Level of Services/Time of Performance. The level of and time of the specific services to
be performed by Vendor are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect August 28. 2010, and shall continue until
August 28, 2011 unless earlier terminated pursuant to the provisions herein. Contract may be
extended.
3. Compensation. Licensee renting Diamond Bar Center who is serving alcohol at scheduled event
agrees to compensate Vendor for each service which Vendor performs to the satisfaction of City.
Payment will be made one month prior to event date to the City and then submitted to vendor.
Rate for service performed will be $15.90 per hour/per guard with a five hour minimum.
4. General Terms and Conditions. In the event of any inconsistency between the provisions of
this Agreement and Vendor's proposal, the provisions of this Agreement shall control.
5. Addresses:
City: City Manager Vendor: Manuel Artadi
City of Diamond Bar Access Control Security, Inc.
21825 Copley Drive 20945 Devonshire Street, Suite 103
Diamond Bar, CA 91765-4177 Chatsworth, CA 91311
6. Standard of Performance. Vendor shall perform all work at the standard of care and skill
ordinarily exercised by members of the profession under similar conditions.
7. Indemnification. Vendor agrees to indemnify the City, its 0 1cers, agents, volunteers.,
employees, and attorneys against, and will hold and save them and each of them harmless from,
and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that
may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the acts, errors or omissions of Vendor, its agents, employees,
subcontractors, or invitees, including each person or entity responsible for the provision of
services hereunder. In the event there is more than one person or entity named in the Agreement
as a Vendor, then all obligations, liabilities, covenants and conditions under this Section 7 shall
be joint and several.
8. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company admitted to do business in California and
approved by the City a policy or policies of broad -form comprehensive general liability insurance
with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss
or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents,
and independent contractors in performance of services under this Agreement. Contractor shall
require contracting officials to carry automobile insurance per State of California law; City, its
officers, employees, attorneys, and volunteers shall be named as additional insureds on the
policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general
liability, shall provide that they are primary, and that any insurance maintained by the City shall
be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed,
canceled, reduced, or otherwise modified (except through the addition of additional insureds to
the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior
written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the
insurance coverage.
B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms
of this Agreement; shall be issued by an insurance company which is admitted to do business in
the State of California or which is approved in writing by the City; and shall be placed with a
current A.M. Best's rating of no less that A VII.
C. Contractor shall submit to City insurance certificates indicating compliance with the
minimum insurance policy endorsements indicating compliance with all minimum insurance
requirements above, not less that one (1) day prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate standard forms entitled
"Additional Insured Endorsement", or a substantially similar form which the City has agreed in
writing to accept.
9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15)
days' written notice to the other party. However, Vendor shall not terminate this Agreement
during the provision of services on a particular project. The effective date of termination shall be
upon the date specified in the notice of termination, or, in the event no date is specified, upon the
fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees
to pay Consultant for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
10. Personnel. Vendor represents that it has, or will secure at its own expense, all personnel required
to perform the services under this Agreement. All of the services required under this Agreement
will be performed by Vendor or under it supervision, and all personnel engaged in the work shall
be qualified to perform such services. Vendor reserves the right to determine the assignment of
its own employees to the performance of Vendor's services under this Agreement, but City
reserves the right, for good cause, to require Vendor to exclude any employee from performing
services on City's premises.
11. Non -Discrimination and Equal Employment Opportunity.
A. Vendor shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff .or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of
Consultant state either that it is an equal opportunity employer or that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
C. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Agreement except contracts or subcontracts for standard commercial supplies or
raw materials.
12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the
performance of any of Vendor's obligations hereunder, without the prior written consent of City,
and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations
arising hereunder shall be void and of no effect.
13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and local governments.
14. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by City of any payment to
Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default
which may then exist on the part of Vendor, and the making of any such payment by City shall in
no way impair or prejudice any right or remedy available to City with regard to such breach or
default.
15. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or
equitable action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its ' costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
consultants.
16. Notices. Any notices, bills, invoices; or reports required by this Agreement shall be deemed
received on (a) the day of delivery if delivered by hand during regular business hours or by
facsimile before or during regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with
the laws of the State of California.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be the original, and all of which together shall constitute one and the same
instrument.
19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between Vendor and City. This
Agreement supersedes all prior oral or written negotiations, representations or agreements.. This
Agreement may not be amended; nor any provision or breach hereof waived, except in a writing
signed by the parties which expressly refers to this Agreement. Amendments on behalf of the
City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
20. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"City"
ATTEST: CITY OF DIAMOND BAR
a
By: k
City Manager
Approved as to form:
"VENDOR"
1'741TU & l�h2 �1, �3 4c c MG-/
Its: �_� —
Agenda # 6.5
Meeting Date: November 2, 2010
AGENDA REPORT
CITY COUNCIL
TO: Honorable Mayor and Members of the city council
VIA: James DeStefano, City Manager W
TITLE: SECOND READING OF ORDINANCE NO. 4 (2010), 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
"R�* ��' •
It is recommended that the City Council waive full reading and adopt Ordinance No. 4
(2010).
FINANCIAL IMPACT:
None.
FiTTITS-0m�N1
At its meeting on October 19, 2010, the City Council approved Ordinance No. 4 (2010)
for first reading by title only and set a second reading for November 2, 2010. The
ordinance enables the City to effectively enforce our standards and requirements under
the franchise agreements as well as addressing m - odern solid waste issues such as
collection of electronic waste, composting, recycling, and -construction and demolition
materials. The ordinance brings the collection and disposal of solid waste activities into
the mainstream and represents the City's broad effort to promote diversion and reduce
the waste stream diverted to landfills. This ordinance will become effective on the thirty-
first (31') day following the passage and adoption.
PREPARED BY:
Patrick Gallegos, Management Analyst Date Prepared: October 27, 2010
REVIEWE9,15q:
David7d. Lir, Director of Public Works
Attachment: Exhibit A -Solid Waste Ordinance NO. 4 (2010)
r,,ki6�k
AN ORDINANCE OF THE .CITY OF DIAMOND BAR -AMENDING IN ITS
ENTIRETYDIAMOND BAR MUNICIPAL
CHAPTER 8.16..OF TITLE. 8 OF THE DL riN rI A' A 11=� T A T
f�l A n T r_1
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:
D ND DEFINITIONS
Section 8,16,010, Purpose.
ThisChapter is adopted in accordance, with Article )9, §7 of the California Constitution
and Public Resources Code § 40059 et seq., for the pifrposc 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 Chppter, are defined as
follows:
"AB 93971 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 no ' t 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, oras 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.
N
"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 Proj ect.
"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 8.1.6.620. 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
landfill, .or Solid Waste disposal facility utilized for the ultimate disposition of Solid
Waste or by any other mannerauthorized 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 Agrterae-nt.
"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, a . s
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(i) 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, flowers, plant stalks, wood and other forms 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.
V.
"Hazardous Waste" moans 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
CalRocycle, 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 sentby 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 "1Zocyclables" means Solid Waste that has some potential
economic value, and is set aside, handled, packaged, or off6red 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; roused, or reconstituted
products. The Collection, transportation or Disposal of Solid Waste not intended for, or
capable of, reuse is not Recycling. Recycling jnclu6s the activities of an Electronic
Waste Re -cycler and a Green Waste Processing Facility.
"Residential Promises" or "Residential Property" means Premises upon which dwelling
units exist, including, without limitation, single farail ' y dwellings, multi -family dwellings
requiring residential Solid Waste containers (carts) to accommodate the waste generated
on the Promises, apartments, boarding or rooming houses, condominiums, mobile homes,
efficiency apartments, second units, and Group Homes on Residential Premises (as that
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 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 Coliection, -
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.
"SRRF'iricans 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 information to verify the report or supplied information.
"Transportation" or "Transporting" means the process of moving Solid Waste, or
Recyclables through the City.
"Universal Waste means ans those discardedwastos escent
S62Code of Regulations,d includes fluolamps and -bulbs, cathode
the California,
ray tubes, non -empty aerosol cans, instrumen
ts 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 reclamatioij 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 r6c . eipt provided by a waste disposal or recycling
facility reflecting the, net amount of SOlid.Wute disposed of by a Collector at a collection
location.
D M S 10 —N—a. —RA �Hl S F- S
Section 8.16.030. Franchise requirement. erprise to
(a) The City Council may authorize, by Franchise, a Solid Waste Ent
provide Solid Waste Collection Services for Customers at Residential and
C6n-Imcrcial 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 relat(, to any r . lass 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 lights 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. e -n duration
(a)The
nature, scope of services, party obligations and restrictions, t n and d a on
of the, Franchise shall beset 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 app . ro-val 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. aTra.nchi5e 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 Enterpnise 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 stook 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.
sppfinn R-1 6.100interim suspension. a Franchise for not more than
(a) The, City Manager, without a hearing, may suspend
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 f6r 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 CounGil,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 * i *
provided for in the Franchise Agreement if a Collector has violated any provision
of this Chapter I , 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 8.16-12-0. Notice of hearing on revocation or modification hearing.
9
The, City shallserve, 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.Coun il?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 I 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
Fran6bise-.
(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 bythe City arising out of such suspension, cancellation or termination.
Section 816160.
60. 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
eff6ct.
10
Section 9.16.170. Ciiy to be free from liability.
Every Franchise Agreem6nt 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 �narantees-
The City may require, a Collector to file a surety bond, leiter of credit, andlor a
certificate of deposit prior to the ., effective date of tile, Franchise to guarantee the
,' r
faithful compliance with this Chapter and the Franchise Agreement. Such bond,
in fordd during the, life of the Agreement
letter of credit or certificate shall remain
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 termination.
Section 816190 0 fice 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 tBleph o*ne directory and online at the Collector's
website, in th6. 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 ampldyee 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,
Q-i -;n -n 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 damages.
(a) Any Collector, or Person providing Solid Waste Collection Services or operating
a Solid Waste, Enterprise, in'thD 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
negligent the y
damage to private or public property caused by _ gent 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
pro . viding C . ollection Services or operating a Solid Waste Enterprise in the City shall keep
e statements tonnage reports,
weight tickets,
and maintain books of account, income 1 7.
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
C611qctor'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 8.16-23,0. 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 pro ' visions 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 red -action shall be as siperified 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 ref ' use container. If a container for storing green
waste is refused by a Customer, it shall be the d ' uiy 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 Ag reament.
(e) At no time shall a Customer receive grqatQr.'than thirty percent (30%) reduction
o I ff the base monthly collection rate.
12
Customers shall file applications for reductions based on the criteria sat 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 pe-cial 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 -
A Collector shall provide.each Customer, at least sixty (60) days in I advance of the
beginning of a billing period, written notice of the implementation of changes in any of
its nates and charges. All rate adjustments shall be e 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.wastcs 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 maybe established in
accordance with state law.
Section 8.16-260. Billie and payment of collection rates, fees and charges.
Billing and payment procedures areas follows:
(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 foes, 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
placernDnt 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
suchwritten 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 DirectorofFinance 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.
(0 Demolition of units during a service quarter,
14
(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
subj ect 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
discretioh, 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 cement of county taxes shall apply to such special assessment
fees.
Ind annual re
Section 8.1 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
-r
adversely affecting the Collector's status under this Chapte, including, but not
limited to, reports submitted by the Collector to the EnviroDmental 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 lawguits,,
applications, notifications, communications and documents of any kind, submitted
by the Collector to, as well as copies of all decisions, corrf--spond.ence 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.
All reports and r . ecords 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 8.16280. Collection in emergencies.
Except as othe-rwiseprovided 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 aro.boy9pd the reasonable
control of a Collector, for a period of more than seventy-two (12) 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 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 promises. 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 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 which waste or recyclab les 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, Meinorial.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 8.16310. Collection service requirements as described in
A Franchised Collector shall provide the following specific services
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.
(G) A Collector at the Collector's sole expense- shall provide, at a minimum, four (4)
free curbside collections of Bullcy Items per year to all Residential Premiscs, -
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'disposc 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
p
collection and recycling services to all public facilities (i.e., city hall, city parks,
etc.) at no charge to. the City.
(a) A Collector shall, at no additional charge, provide on -demand collection of
(1) business day of the City's request,
ally duiriped bulk goods within one
illegally y the Franchise -ic City s
unless a different time is set forth in tj . Fr se Agreement. If th Ci. issue
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 maybe needed in the event of a disaster to
the City and all public schools within the City. The size, location and numb6r'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 5 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
mai written notice to a than December
led a w _U Customers of such schedule not later
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
and 6:30 a.m. Monday through Friday at an
of 6:30 p.m. n y time on Saturday and
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Sunday, except that if agreed to in a Franchise, Agreement, Saturday collection may be
pen-nitted. during Holiday weeks for Residential Premises, and as ariegular 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
qua* 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 rol of the Collector.
Sectiozi.8.16.340. Residential containers. each Residential Premises for
At the Collector's own expense,, a Collector shall provide
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 Commercial Premise I s 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 uso.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 collectoir. I s to enable identification
All Collector's field employees shall wear name tags or uniforin
the public.
while providing service, to tI
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Section 8.16.380. 'Jr'respass.
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 SolidWaste 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.
Se of eqnipment-
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 nDti.ficati.on 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 utilizedin 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 recoy.
A Collector shall, at all times, comply with City policies and programs regarding Solid,
Waste recovery, reduction and recycling, including the City's S ' ourco Reduction and
Recycling Element. Such policies and programs may be established byresolution of the
City Council. Compliance with such policies and programs shall be a condition of any
Franchise issued pursuant to this Chapter..
20
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 Soli ' d Waste shaffbe 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.
COLLECTION PERIMTS
L--+;n-n R 16-460. Umited collection Permit requirem
No person, other than a Franchisee, permitted self -hauler or Commercial ROGyr'ler, 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 ptyrnit otherwise
required by the, City. The Director of Public Works is authorized to promulgate
administrative, policies and procedures for issuing such paimits.
Section 816 470 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 wl-dch the collector will service in the City.
e. Proposed collection rates to be charged by the applicant.
f. Detailed information regarding services off6red to customers and a listing of
customers currently receiving collection service.
g. -
Any other information request(,d by the City Manager.
Section 8.16.480 Permit fees.
early fee in an amount determined by resolution.
Each Collection Permittee shall pay a y
of the City Council.
21
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 expife 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 pen -nit 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- 9.16.140, 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 9.16.540 Additional permitee obligations.
Collection Permittee shall also be subject to the following provisions of this Chapter
Sections 8.1.6.150 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 pection. authority; 8.16330 Hours of
pon ibilit� for damages; 8.16.220 City in
collection; 8.16.380 Trespass; 8.16.390.Noise; 8.16.40.0 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. Construction/Demolition
Haulers must also comply with Division 6 of this Chapter.
DMSION 5. SOLID WASTE ACTMTIES 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 bn 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.
(r,) 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 p designated for Collection, and all
I day preceding the day
Containers shall be removed from the place of Collection prior to 10:00 p.ni o
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.
(c) Occasional loads o . f Solid Waste not . susceptible. SGCptible to placement in a Container may
beplaced 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
I I . . boxes must st 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
Containerfior Solid Waste.
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(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 subj6ct 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 9.16.560. 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 dump6d into the environment
during removal or. transport within the City by sucb: 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:
I Remove or move any Container from the location where the
Container was placed for storage or colle6tion;.
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 bum S olid- Waste within the -City, except in an approved incinerator or
transformation facility or other device for which a p6rmit 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 ordump � 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 vi I sibla 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; -wise maintained to minimize insects
4.. The compost is enclosed, screened or other
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.
.25
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/Deniolition 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. Seli-haule-rs 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 arecycling business from contracting to
collect source -separated recyclables that are donated or sold to that recycling business by
a Customer. "Source -separated recyclablcs".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 f6r a net fee.
26
MVISION 6. CONST ITION-WASTE
Section 8.16.610. Construction or demolition, waste.
EveryEvery�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 protects.
(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 reqdirem5nts of this Section shall not apply to the
following. exempt prof erts: than 1000
1. Any Construction, Demolition or Remodel Project of less tl
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 proj eGt 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 8.16.639. 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 P crinitees shall only use a permitted Hauler for . removal of
Construction/Demolition Waste, within the City:
(b) I . n addition to the requirements in, Section 8.16.470 above for Limited Collection
an application for a Limited Collcctio armit
Permits, n P to Collect
Construction/Demolition Waste shall also include, the following ii-iforin ation:.
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/Dc,'molition Waste,
3. The name, address and contact infoiniation 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 demonstiration of reliable and safe equipment.
27
(c) in order to be legally qualified to obtain Limited Collection Permit to Collect
ConstrLir,tion/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 permit; and
2.' Have demonstrated ability to remove and transport the required
Construction/Demolition Waste to the appropriate Waste Disposal Facilities.
Section 8.16.640. Deposit required for covered �o protects.
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
d . e -posit, 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 -exceedfive thousand dollars ($5,000). The deposit
shall be returned, without interest, in total or in proportion, upon proof to the satisfaction
ofthe 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 building 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 ConstraGtionTermittee shall submit to the
Director of Public Works a properly completed "Recycling and Waste Reduction
Application" on aform prcs I cribed 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/Demolitioa Hauler for
the project. The: City shall not issue a building or demolition pen -nit 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
A
Collection Permit. haulex whose permit has been revoked shall not be eligible
to reapply f6r a new p ennit 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 9.16.6.30..
Section 8.16-670. Records:
28
During the term of any covered project, the permitted hauler shall keep records of the
amount of waste, disposed and�divertacl in tonnage or in other measurements approved by
the Director that can be converted to tonnage..
Section 8.16.680. Reporting,
Within thirty (30) calendar days following the completion of any Covered
Construction Project, the, Construction Permittee shall submit under penalty of
paijiiry, and -asa 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
i
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 -8.16.00, Monitorbig responsibility of Direct
The Director, or designee, shall monitor each Covered. Construction Praj BGt for
compliance with this Section.
Section 8.16.700. Permitted waste.
Only Construction and Demolition Waste shall be placed in Construcfion/Demolition
Waste Containers. The CQnstruction/Demolition Waste Hauler shall 'bc responsible for
easuring.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 Containerfirom. the City's Franchised
Hauler authorized to collect Solid Waste at the Premises shall be placed,on the property
and used for collection.
Section 8.1, .710 lmplementing, regulations
The, Director of Public Works shall have the authority to establish regulations for the
-i -Ee
implementation of this S eGtion,. and when duly established, such regulations.shall be in
fall force 'and effect.
DBqSION 7. ENFORCEMENT
Section 8.16.720. penalty fon--violation of chapter.
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,
preliminary 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 y attorney enforcement authority.
, prosecutor and cit
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 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 CityJunder this Chapter.
Section 8.16.750. Civil action by authorized recycling anent.
Nothing in this Chapter limits the right of any Collector to bring a civil action against any
Person whoviolates 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 richt 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 air unauthorized
container'Upon notification from City, or Collector's locating of an unauthorized placed
Container, Cbllector may begin the following procedure within twenty-four (24).hours:
1. Collector shall first place a notice on Container that:
unauthorized hauler or its Customer to remove the
a. Directs the
Container within twenty-four (24) -hours of notice and if not removed, that the container will be impounded;
l Code;
b. Cites to this Section of B Municipal
may be retrieved and the
c. indicates where the impounded Cont
estimated impound and storage costs; and be
d. Warns that, should a second Container belonging to that company
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. fy City of the notice and request written authorization to
3. Collector shall noti
impound the, Container. - :
4. With City written approval, Collector may impound the Container if it has not
yet been removed by the illega1hauler. notice has
5. For subsequent violations by the same company after the initial
been Posted" the Collector has mailed a warning to the company if an address is
and after having received written approval from City, Collector may
ascertainable, own a to
remove company's Containers immediately, mailing a notice if address is known s
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.
SEC . TION 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 4 court
of competent jurisdiction, the City Council- -
intends that such invalidity will not affect the
c provisions
effectiveness of the remaining provisions or applications and, to this end, th
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,
days after the passage and adoption of t1iis Ordinance, cause it to be
within fifteen (15)
published or posted in accordance with California law.
SECTION
ECTION 5: This Ordinance will become effective on the ti -Arty -first (31st) day
following its passage and. adoption.
Agenda # 7 . 1
Meeting Date: November 2,2010
CITY COUNCILAGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mar a
TITLE: ADOPTION OF RESOLUTION 10 -XX ASSESSING A NUISANCE ABATEMENT
LIEN/SPECIAL ASSESSMENT AGAINST 24236 SPRINGWOOD DRIVE.
FIT: U016-1 N IZ � 1111 Eel I ii, M
Receive staff report, open Public Hearing, receive public comment, close the Public Hearing, and
adopt Resolution 2010 -XX.
FINANCIAL IMPACT:
The City has incurred nuisance abatement and, administrative costs in the amount of $1,563.86.
-gtACKGROUND:
The City's Neighborhood Improvement Division works proactively to enforce the Municipal Code and
ensure property maintenance standards remain high.
During routine patrols of the City's Neighborhood Improvement Officers found the residential property
at 24236 Springwood Drive to be in violation of the landscaping maintenance standards in Section
22.34.30 of the Municipal Code. Observations included weeds, rank growth and other overgrown,
dead or deceased vegetation throughout the front, side and rear yards. In an effort to correct these
violations, the following notices were issued:
• An initial Courtesy Notice was issued April 26, 2010.
• Following a site visit by staff, a letter requesting corrections was sent May 7, 2010.
• Following another site visit by staff, a second Courtesy Notice was issued May 18, 2010.
• Citations were issued to the property owner on June 1 and subsequently on June 14, 2010.
Each notice, correspondence, and citation was met without corrective action by the property owner.
Due to continued inaction on the part of the property owner to resolve the uncorrected landscaping
violations, on July 1, 2010, the City's Community Development Director declared the property a public
nuisance and issued a Notice and Order to Abate. The property owner was given 10 days to correct
the documented landscaping issues. The notice was sent to the property owner via US Mail and
physically posted on the property, indicating that if the violations were not abated within the 10 day
period, the City would complete the repairs With all related costs of work assessed against the
property. Once again, the property owner failed to comply or respond to the Notice of Abatement.
On July 15, 2010, the City obtained an Abatement Warrant (Warrant No. 537 from the Los Angeles
Superior Court/Pomona Branch), enabling the City or its agent to perform nuisance abatement at the
property. City staff and contractors entered the property on July 20, 2010 to perform the work
authorized by the Superior Court, which included cutting the grass, bushes and removal of trimmings.
On October 20, 2010, the City issued a written notice that the City Council would hold a public
hearing at the regularly scheduled November 2 City Council meeting to consider placing a lien/special
assessment in the amount of $1,563.86 to recover full abatement costs that are itemized in the
attached Cost Report and summarized below to include:
® Abatement labor costs for Excel Landscape totaling $380.00.
® Staff time of 26.5 hours itemized in the Cost Report totaling $1,183.86
This hearing before the City Council provides the property owner or their representative the
opportunity to present written or oral protests or objections. Notice of the public hearing was posted
on the property and sent to the owner via US Mail certified return receipt requested and first class.
However, notice of the hearing did not require advertisement in local newspapers as the Report of
Abatement Costs and Notice of Pubic Hearing posted on the property and mailed to the owner on
record is sufficient per Section 22.34.070 of the Municipal Code to notice the hearing.
Pursuant to Diamond Bar Municipal Code Section 22.34.070, the City Council has the authority to
assess a lien/special assessment on property where the City incurred costs to abate a public
nuisance. It is recommended that the City Council consider this report, open the Public Hearing,
receive public comment, close the Public Hearing and consider adoption of the Resolution and Cost
Report for recovery of nuisance abatement costs in the amount of $1,563.86. Upon approval, the
appropriate documentation will be certified and filed with the County of Los Angeles as required.
Prepa d by:
Anthony Sbnt-ds
Management Analyst
Reviewed by:
Greg Gubman, A
Community Development Director
Attachments:
1. Resolution 2010 -XX.
2. Report of Abatement Costs and Notice of City Council Hearing dated October 20, 2010.
3. Excel Landscape Proposal dated July 15, 2010.
4. Los Angeles County Superior Court Abatement Warrant dated July 15, 2010.
5. Notice and Order to Abate a Public Nuisance dated July 1, 2010.
6. Citation issued June 14, 2010.
7. Citation issued June 1, 2010.
8. Courtesy Notice dated May 18, 2010.
9. Correspondence dated May 7, 2010.
10. Courtesy Notice dated April 26, 2010.
11. Photographs dated April 26, 2010 through July 21, 2010.
12. Diamond Bar Municipal Code Sections 22.34.030 and 22.34.070.
Attachment 1
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR CONFIRMING A COST REPORT FOR
NUISANCE ABATEMENT COSTS CONCERNING
24236 SPRINGWOOD DRIVE, DIAMOND BAR, CA
[APN: 8701-013-029] AND ESTABLISHING A SPECIAL
ASSESSMENT AND LIEN THEREOF
WHEREAS, the Diamond Bar Community Developent Department (hereafter the
"Department") pursuant to the procecures set forth in Section 22.34.070 of the Diamond
Bar Development Code caused the abatement of public nuisance conditions at
24236 Springwood Drive, Diamond Bar, CA 91765 [sometimes hereafter the "Subject
Property"] on July 20, 2010 with an Abatement Warrant from the Los Angeles Superior
Court [Warrant No. 537].
WHEREAS, on October 20, 2010, the Diamond Bar Community Development
Department duly served Mr. Hossain Taheri, the record owner of the Subject Property,
with a Cost Report (containing an account of abatement costs totaling $1,563.86) and
Notice of City Council Hearing on Assessment on November 2, 2010 at 7:00 p.m. in the
South Coast Air Quality Management District Main Auditorium, located at 21865 Copley
Drive, Diamond Bar CA. Said notice also informed Mr. Taheri and other interested
persons of the right to present a written or oral protest to the Cost Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The City Council of the City of Diamond Bar, having considered the
Cost. Report and any oral and written protests or objections thereto, hereby confirms the
Cost Report totaling $1,563.86 in abatement costs.
Section 2. Mr. Hossain Taheri is liable for the confirmed abatement costs of
$1,563.86 pursuant to Section 22.34.070 (g) of the Diamond Bar Development Code.
The confirmed abatement costs of $1,563.86 also constitute a special assessment and
lien against the real property described below pursuant to Section 22.34.070 (j)(3) of the
Diamond Bar Development Code.
Street Address: 24236 Springwood Drive, Diamond Bar, CA 91765
L.A. County Assessor Parcel No.: 8701-013-029
Legal Description: Lot 37 of Tract No. 42560, as per Map recorded in Book
1040, pages 70 to 75 inclusive of Maps in the office of the county recorder of said
county.
Section 3. A certified copy of the Cost Report shall be attached to this
resolution and constitute a part hereof, and pursuant to Section 22.34.070 (J)(4) of the
Diamond Bar Development Code shall be filed with the County upon the Department's
request that the assessment established in this resolution be entered on the county tax
roll only if the property owner fails to pay the City the amount due within ten days of the
public hearing.
Section 4. The City Clerk shall attest and certify to the passage and adoption
of this Resolution.
PASSED, APPROVED, AND ADOPTED this 2nd day of November, 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 2nd day of November, 2010, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
Attachment 2
T-
Uml MI
I W-111
21825 Copley Drive - Diamond Bar, CA 91765-4178
(909) 839-7000 - Fax (909) 861-3117
www.CityofDiamondBar.com
Served Via Certified Mail / Return Receipt Requested
Copies Served by First Class Mail and Posting at Premises
Hossain Taheri (Property Owner)
24236 Springwood Drive
Diamond Bar, CA 91765
Re: Report of Abatement Costs ("Cost Report")
For Abatement Actions at 24236 Springwood Dr., Diamond Bar
L.A. County Assessor Parcel No. 8701-013-029
Notice of City Council Hearing on Assessment
Dear Mr. Taheri:
The City of Diamond Bar (hereafter "City") caused the abatement of nuisance
conditions at the above -referenced premises on July 20, 2010. The abatement
actions were performed pursuant to Abatement Warrant No. 537, as issued by
the Los Angeles County Superior Court / Pomona Branch on July 15, 2010.
The abatement actions consisted of: .(i) Removal of weeds; (ii) Skirting of
bushes/shrubs/trees; and, (iii) clean up and removal of debris.
Carol Herrera
Mayor The account of abatement costs (hereafter the "Account") that the City
incurred for the above -referenced actions are set forth in Attachment 1 to this
Steve Tye Cost Report. You are liable for all costs of abatement, including all
.Mayor Pro Tern administrative and inspection costs (which total $1,563.86), pursuant to
Ling -Ling Chang Section 22.34.070 (g) of the Diamond Bar Development Code.
0
Council Member Please be advised that, pursuant to Section 22.34.070 0)(3) of the Diamond
Ron Everett Bar. Development Code, this Cost Report and Account will be presented to the
Council Member", City Council for its consideration as follows:
Jack Tanaka Date: November 2, 2010
Council Member,
Time: 7:00 p.m.
Location: South Coast Air Quality Management Dist.
Main Auditorium
21865 Copley Drive
Diamond Bar, CA
Recycled paper
Please also be advised that any owner of the land or other interested' persons
may present a written or oral protest to this Cost Report and Account for
consideration by the City Council at the hearing.
Upon the City Council's confirmation of this Cost Report and Account, or any
portion thereof, said amount shall also constitute a special assessment and a lien
against the above -referenced property.
Sincerely,
Tommymv I
ommy Cribbins
Diamond Bar City Clerk
Encls.
ATTACHMENT I
ACCOUNT — 24236 SPRINGWOOD DRIVE, DIAMOND BAR
1. Abatement Costs — Excel Landscape (Contract Service Provider): $380.00
2. City Staff Time — 26.5 hours itemized below: $1,183.86
A. Neighborhood Improvement Officer —
16.5 hours at $33.20 per hour: $547.80
• Site visits to Property from April 26 to July 21, 2010
3 hours
• Issuance of Courtesy Notices and Citations from April 26 to
1 hour
June 14, 2010
• Secure Superior Court Abatement Warrant 537
2 hours
• Posting of Notice and Order to Abate on Property
.5 hour
• Request Abatement bids and select contractor
1 hour
• Return to Superior Court to certify completion of Abatement
2 hours
Warrant 537
• Supervision of Abatement Cleanup on July 20, 2010
4 hours
• Scanning and electronic transfer of files (correspondence,
3 hours
pictures, etc) into City View Program from April 26, 2010 to
present
B. Management Analyst —
4 hours at $46.44 per hour: $185.76
• Preparation of the Cost Report and Public Hearing Notice 2 hours
• Preparation of the City Council report and attendance at the 2 hours
City Council meeting
C. Community Development Director
4 hours at $79.83 per hour: $319.32
• Review of the Notice and Order to Abate Public Nuisance 1 hour
• Review of the Cost Report and Public Hearing Notice 1 hour
• Review of the City Council report and attendance at the City ..2 hours
Council meeting
D. City Clerk —
2 hours at $65.49 per hour: $130.98
• Preparation of correspondence and certification of documents 2 hours
to be filed with the County to record the special assessment
Total Abatement Costs $1,563.86
07/�9/2010 10:11 951-735-0469 MAIN OFFICE Attachment
07/IG/2010 0@:40 909eS13117 CITY OF DIAMa4D BAR
I Address
City ofDlamo�kd Bar
Diamond Bar, CA 91763-4178
Att: Anthony Jordan
Date Estimate 0
711,41=10 M87
or 3588 000W FM'28
QtY Cost Total
c1dan up J�oat and back yard, trim bwhaa,dispose of all deb�ds aad raise 380.00 380.00
lNd0MPlETE Paperwork Only
COMKETM DATE;
NOTE: A
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or 3588 000W FM'28
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c1dan up J�oat and back yard, trim bwhaa,dispose of all deb�ds aad raise 380.00 380.00
lNd0MPlETE Paperwork Only
COMKETM DATE;
NOTE: A
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WELLS FARGO 9,A Nit
11-21/121:)(8,
CITY OF DIAMOI�JD BAR
21825 COPLEY DRIVE
DIAMOND BAR, CA 91 7 65-41 77
f.
BAY THE SUM OF THREE HUNDRED EIGHTY DOLLARS & ZERO CENTS
TO THE EXCEL LANDSCAPE
ORDER
OF 710, RIMP2W AVENUE #108
CORONA CA 92879
THIS r-,f-)ri lhf,*ClQT HAS COLORED BACKGROUND 64� Vel
111109 155' 11° 1: 12 h 0 0 D 2 [-. a G . 1, 59 M 209411°
091557
CHECK DATE CHECK NO.
09/30/10 91557
AMOUNT $*******380.00*
CITY OF DIAMOND BAR—DIAMOND BAR, CA91765-4177 091557
VENDOR NO. EXCELLAN CHECK NO. 91557
77772� ....... ....
0015230 45214 66825 380.00 MAINT-24236 SPRINGWOO
EXCELLAN EXCEL LANDSCAPE
CITY OF DIAMOND BAR
21O2GCopley O�
Diamond Bar, CA 91765
Date Requested 09/30/10
PAY TO: Excel Landscape
71ORimpauAxe,Suite 1D8
Corona, CA 92879-5724
PO Required? Yes No
Adequate Budget? Yes 'No Other
����
|NvO|CENO.
66825
DESCRIPTION /PROJECT#
PnopedycJeanup-Code
Enforcement abatement
24236 Springwood
TOTALCHECK
RUSH: Date required:
|fcheck iafor onemergency, City Manager must
approve.
City Manager
APPROVED FOR PAYMENT
—f'i�7FR�nanceD�epa'rtment
City Manager/Asst City Manager
ACCOUNT NUMBER
INVOICE AMOUNT CHECK AMOUNT
380.OD|
DEP/\RTK8ENTALAPPRDVAL
| hereby certify that this claim represents ajust
charge against the City ofDiamond Bar and that the
the City's purchase has been made inaccordance with
the City's purchasing policy.
r1l
ested/Prepared By
uUpu/unUxm/xppmvC31Z1
CE.,L LANDSCAPE
710 RIMPAU AVE., SUITE 108
CORONA, CALIFORNIA 92879-5724
(951) 735-9650 R SCE V D
AUG 2 3 2010
BILL TO: CITY OF DIAMOND BAR
CITY OF DIAMOND BAR
D D
INVOICE NO. 6 6 8 5
C1 ISTOMF.R �'O C -DB
RE: 3R88
CiTY OF DIA190OND BAR
WORK ORDER NO.
DR -
8
DIAN[IOND BAR, CA 91765-4178
DATE:jbB . NQ�'
"PURCHASE 0DER NO.
Ly a -1 .10 35gs 3 6 7
ITEM
0.
DESCRIPTION 9PA q ITY
oj.
XPIA10 PROPGSAL opgol=
W r
CITY OF DIAZWOND BAR
Approved for Paynient
PO#
Account # 0
0
Amount Approved
Dept Approval
Finance Approval
City Mgr Approval
(if applicable)
13---Mmtzk (YI0
DUE DATE
09116/10
PRICE .7 AMOUNT
RR0.00
NIE-T DL E: 60.01_
ev,
L -MM
EL LANDSCAPE
710 RIMPAU AVE., SUITE 108
CORONA, CALIFORNIA 92879-5724
(951) 735-9650
BILLTO:
UTY CSF UAMI.'DND
2 1325 E. COPLEY DR.
DIAMU-40 BAR, C -A 91-765-4178
Pff. 7 E CN
(TEM NO E -R
SC
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ICE NO.
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WORK ORDER NO.
NO -DATE
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.. .... . .
AMOUNT
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QUANTITY PRI
14F.-Y DQE:10. 0
YOU
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Patricia H. Fitzgerald, SBN 167394
DAPEER, ROSENBLIT & LITVAK, LLP
2770 East Slauson Avenue; P.O. Box 2067
Huntington Park, CA 90255
(3 23) 587-5221
Prosecutors for the
CITY OF DIAMOND BAR
LOS .ANGELES COUNTY SUPERIOR COURT
EAST JUDICIAL DISTRICT / POMONA BRANCH
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
DIAMOND BAR FOR A WARRANT TO
.ABATE NUISANCE CONDITIONS ON
REAL PROPERTY AT 24236
SPRINGWOOD DRIVE, DIAMOND BAR,
[APN 8701-013-0291
WARRANT NO. 15-37
Attachment 4
I, the undersigned, make this Return to the within Abatement
Warrant, and under its authority I diligently executed said
warrant on the day of JU Ly 2010.
Premises entered: Real Property located at 24236 Springwood
Drive, Diamond Bar, California [Assessor Parcel No. 8701-013-029].
Persons Participating in the Abatement:
1� 1Ci-\ Aec) C eek-� O' --,-L
1
Matters Abated:
2
() F- t o e e-k-�S
3
CU n C► to O"-Wk1GS tSkey�
I i 2OE5
4
CLEMPJ UP P, -,K). OF
CC -662 ► -,
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I declare under penalty of perjury that the foregoing is true
12
and correct.
13
Executed this LZr�t day of
\
vU_, 2010, at Pomona, in
_ JJ
14
the County of Los Angeles, State
of California.
15
16
,
17
Richard r z , 9 . 0.
City of Diamo d
18
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20
RETURN APPROVED.
p
21
Subscribed and sworn to before me
2r
this z day
22
o f 2010
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1 g,�`ia• ,, � �z3'�
JUDGE OF THEY SUPERIOR COURT
�V-4 ��
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Patricia H. Fitzgerald, SBN 167394
DAPEER, ROSENBLIT ' & LITVAK, LLP
2770 East Slauson Avente; P.O. Box 2067
Huntington Park, CA 90255
(323) 587-5221
�Prosecutors for the
CITY OF DIAMOND BAR
LOS ANGELES COUNTY SUPERIOR COURT
EAST JUDICIAL DISTRICT / POMONA BRANCH
JIN THE MATTER OF THE
APPLICATION OF THE CITY OF
DIAMOND BAR FOR A WARRANT TO
ABATE NUISANCE CONDITIONS ON
REAL PROPERTY AT 24236
SPRINGWOOD DRIVE, DIAMOND BAR,
CALIFORNIA (APN 8701-013-029)
WARRANT NO. 5 �-7
ABATEMENT WARRANT
DATE: July 2010
TIME:
DIV.:
THE PEOPLE OF THE STATE OF CALIFORNIA, TO ANY SHERIFF'S
DEPUTY, AUTHORIZED FIRE OFFICER, AUTHORIZED CODE ENFORCEMENT
OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OR OFFICIAL FOR THE
CITY OF DIAMOND BAR, STATE OF CALIFORNIA:
Upon the ex parte application of the City of Diamond Bar and
for good cause shown to the court:
YOU ARE HEREBY COMMANDED to enter the premises described
below within fourteen (14) days from the date of this Warrant, and
you are directed to abate nuisance conditions existing thereon as
follows:
24236 Springwood Drive, Diamond Bar, California [Assessor
Parcel No. 8701-013-029]
Cut and remove all weeds, dry brush, dead or overgrown
vegetation from front, side and rear yard areas.
I Clean, drain and/or treat the swimming pool for mosquitoes.
2 YOU ARE FURTHER COMMANDED to make a return to this court
3 according to Section 1822-55 of the Code of Civil Procedure.
4 Execution of this Warrant may not be made between the hours'
5 of 6:00 p.m. and 8:00 a.m. of the succeeding day. The property
6 owner need not be present when abatement is underway pursuant to
7 this warrant.
8 Forcible entry [by cutting any locks on the gate to the rear',
9 yard, if necessary] is authorized if no one is present or
10 available to provide access to side and rear yard areas.
11 Notice of issuance of this abatement warrant shall be served,
12 [at least twenty-four (24) hours prior to execution] in thel
13 following manner:
14 (i) By causing a copy of said notice to be delivered
15 by U.S. Postal Service [via first class mail] to Hossain Taheri at 11
16 24236 Springwood Drive, Diamond Bar, CA 91765 [his last known
17 address according to public records];
18 [and]
19 (ii) By posting a copy of said notice on the real'
20 property at 24236 Springwood Drive, Diamond Bar, California.
21 SHERIFF'S DEPUTIES are authorized to be present to ensure 11
22 successful execution of this abatement warrant.
23 LOS ANGELES COUNTY VECTOR CONTROL OFFICERS AND/OR OTHER''
24 PROFESSIONALS including private contractors may also be present to',
25 remove, destroy and/or treat the swimming pool for mosquitoes [in
26 whatever manner is deemed most effective by said professionals] if
27 necessary.
28
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Said abatement may be done by or in the company of
contractors, technical assistants and other experts whose
professional expertise is necessary in order to complete the work
required, and/or representatives of any department of the City of
Diamond Bar.
--f�
GIVEN UNDER MY HAND and dated July 1s 2010.
OF THE SUPERIOR COURT
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atricia H. Fitzgerald, SBN 167394
A,PEER, ROSEMBLIT & LITVAK, LLP
770 East Slauson Avenue; P.O. Box 2067
untington Park, CA 90255
323) 587-5221
prosecutors for the
qTY OF DIAMOND BAR
LOS ANGELES COUNTY SUPERIOR COURT
EAST TUDICIAL DISTRICT / POMONA BRANCH
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
DIAMOND BAR FOR A WARRANT TO
ABATE NUISANCE CONDITIONS ON
REAL PROPERTY AT 24236
SPRINGWOOD DRIVE, DIAMOND BAR,
CALIFORNIA (APN 8701-013-029)
WARRANT NO.
NOTICE OF ISSUANCE
OF ABATEMENT WARRANT
I ---
DATE: July I,? , 2010
TIME: '00 P -"--
DIV.: 1_3
TO HOSSAIN TAHERI AND TO ALL INTERESTED PARTIES:
NOTICE IS HEREBY GIVEN to you as, the record owner of real
property located at 24236 Springwood Drive, in the City of T.)iaraqp d
MI C
Bar, California, that on July 1�rl 2010, Judge
of the Pomona Superior Court, issued an abatement warrant for the
abatement of nuisance conditions [at said premises] based on your
refusal to comply with the "Notice and Order to Abate" that was
sent to you on July 1, 2010.
. NOTICE IS HEREBY FURTHER GIVEN that the abatement warrant is
sought for the purpose of protecting the public health, safety and
welfare against municipal code violations at the above-described
real property.
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NOTICE IS HEREBY FURTHER GIVEN that the warrant will be
executed on or before July4 2010 at
Any person who willfully refuses to permit an abatement
lawfully authorized by warrant issued, is guilty of a misdemeanor
offense pursuant to Code of Civil Procedure Section 1822.57, and
is subject to a maximum penalty of a $1,000.00 fine and/or six (6)
months in county jail.
DATED: July /-IT 2010
Respectfully submitted,
CITY OF DIAMOND BAR
BY: r U-' -
Patricia H. Fitzgera
City Prosecutor
I
Carol Herrera
Mayor
Steve Tye
Mayor Pro Tem
Ling -Ling Chang
Council Member
Ron Everett
Council Member
Jack Tanaka
Council Member
Req,ded paper
%.,IIY of uia_fir nd Bar
21825 Copley Drive - Diamond Bat-, CA 91765-4178
Hossain Taheri
24236 Springwood Drive
Diamond Bar, CA 91765
(909) 839-7000 - Fax (909) 861-3117
www.CityofDiamondBar.com
NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE
The real property that is the subject of this notice is
located in the City of Diamond Bar, Los Angeles County,
California, on premises described as Lot 37 of Tract No.
42560, as per Map recorded in Book 1040, Pages 70 to 75
inclusive of Maps in the Office of the County Recorder of said
County and commonly known as 24236 Springwood Drive
[Assessor's Parcel No. 9701-013-029]
NOTICE IS HEREBY GIVEN that the Director of Community
Development has determined that the following nuisance
conditions exist on real property located at 24236 Springwood
Drive, in the City of Diamond Bar, California [Assessor's Parcel
No. 8701-013-029]
1. Weeds and overgrown vegetation [in violation of
Section 22.34.030(d) of the Diamond Bar Municipal
Code]
2. A green and/or stagnant swimming pool [in violation of
Section 1001-11 of the Diamond Bar Housing Code].
The aforementioned conditions must be abated as follows within
the next ten (10) calendar days:
All weeds, rank growth and other overgrown, dead or deceased
vegetation must be cut, trimmed and lawfully disposed of (and all
landscaping must be maintained in, a neat, healthful and well -
tended condition at all times thereafter).
Attachment 5
Notice and Order to Abate a Public Nuisance
Page 2 of 2
. The swimming pool must be drained, cleaned and treated
for mosquitoes (and thereafter maintained in a clean and sanitary
condition at all times).
Any nuisance conditions not abated as described above, will
be removed, destroyed, corrected or otherwise abated by the City
of Diamond Bar and the cost of abatement will be billed to the
owner of said property and assessed against the land on which
the nuisance is located. Notice of substandard/ nuisance
conditions may also be recorded against the property in the office
of the county recorder.
All property owners (or other interested persons) having any
objections to this determination of nuisance and order of
abatement may [within ten (10) daps from the date of this
notice] submit a written request for a public hearing before the
City Council in accordance with Diamond Bax Municipal Code
Section 22.34.070(f . Failure to request a hearing within the
prescribed time period will be deemed a waiver thereof. ,
Dated this A-04 day of July 2010
Greg Gubma-n
Community Development Director
Attachment 6
City of Diamond Bar
I N I Civil Citation
For Municipal Code Violations
(Chapter 1.04 D.B.M.C.)
®B 1' 5 9
CITES COPY
Date: Time:
1�--j
Name of Citee: � 'A- 1A
D.L. or I.D. of Citee:
Address of Citae:
Location of Violation(s): <i^ A'
Date ofViolation: L-2 -ID
Time of Violation:
Issued as a Citation Via:
Personal Service — Posting Location — First Class Mail
Code Section(s) Violated:. C- Z2. (;;A)
Description of Vioiation(s):.
z o -t 0
-11
"
1 st Offense — 2nd Offense 3rd and Additional
Amount of Fine:
Name of Officer:
I Have Received this Citation in Person
Signature of Citee:
Statement of Your Rights
Citae: TaheriHossain /2423GSpringwood Dr.,Diamond Bar
Attachment toCivil Citation No. 0B1O358
You have oedakl rights in connection with this citation. They are discussed in the following
excerpts ofthe `Diamond Bar Municipal Code.
Sac' ^1'O4~O7O. Payment ofadministrative fine'
The administrative fine shall be paid to the city within 30 days from the date of service of the
citation ("the Due [ate"). Payment ofthe fine, inthe absence ofatimely request for ehearing
pursuant to section 1.04.080. constitutes o waiver of the responsible party's right to an
administrative hearing.
Note: Cash in United States Currency mrchecks /oaxao/m to the City mfDiamond
Bar) may betendered tothe Cit'�Clerk's Office (Diamond Bar Citf�Drive,
Diamond Bad. Re�oneto/noke a�oebaymentmay also result penalty
as follows: 0omx�'�--'Y�ofthe �nefor ��a}vme' 'made between 3Y-60days following the Due Date;
made ��o 0ƒ SO d��s��Dom(�/g��e��u�{]ate, ' mnc� YOQ�6
�DY�oft�o�nofor�ayo�eotszne between -
ofthe fine for payments made between more than S0days following the Due Date.
Seo.1' O4.000. Request for administrative hearing.. '
ib| on to whom an od[Oin|Gt��Ve citation is issued may choose to contest the
/\ny;aaPoOe responsible edDn�Oiatna�Y�he`hDgVv�hiO30duyoofoe[Vineofth�o�at
oitsbonby[eqUest|ngan u ioO.|Dorder ho
�b| shall submit to the City Clerk a fully completed request
request o hearing, the responsible P�[oon aithx[ e deposit of 'fuU amount of the administrative
fo[ administrative hearing form along with either
fine (|ncash o[byVYayofanegotiable nhnnk\oran �icethataOadVancedeposithandshipVVeiVer
request has been filed pursuant to section 1.04.090. The request for heahng shall be incomplete if
enot include the deposit the fUUaOlou~'the �neorthe request for ahardship VveiVe[.The
deposit .|ga000uOtUOti\tharnatteriaFmso|ved.\fmtime\yaDd
complete request
heahnQienot submitted, the citation ehoUbed�enad�n�|. and the fine shall beimmediately due
and owing tothe city and may be collected in any manner allowed by law for collection of a debt.
Commencement fan action to collect the delinquent fine shall not preclude issuance of additional
citations tmthe responsible party should the violation persist. `
Note: In order to request a hearing, please tender a dated written statement
to the Community Development Department/Planning Division Office (Diamond Bar City Hall
— 21825 Copley Drive, Diamond Bar) that contains your name, mailing address, telephone
number, the reasons you are contesting the citation, as well as the citation number. The
total amount of the fines must accompany this request, unless the requirements of
Section 1.04.090 are met.
Pursuant to City �ConocJResolutiNo.on �99-77, Schedule 1 e $25.00 non-
refundable application fee (payable to the City of Diamond 8od must accompany this
See. 1.O4.O9D'Advannehardship waiver deposit.
Any responsible person who requests ohearing tocontest an administrative citation and who ie
financially unable to deposit the administrative fine as required in section 1.04.070 may file a
request for on advance deposit hardship waiver. The request shall be filed with the development
services division... no later than ten days after service of the administrative citation. The city
manager or his/he[ designee may issue on advance deposit hardship waiver only if the person
requesting the waiver submits... a sworn affidavit, together with any supporting docuOleOte,
demonstrating to the satisfaction of the city manager or his/her designee the person's financial
inability to deposit with the city the full amount of the fine in advance of the hearing. Written proof
of financial hardship, at a minimum must include tax returns, financial statements, bank account
records, salary records or similar documentation demonstrating that the ,responsible person is
unable to deposit the pen . The city manager or his/her designee shall issue a written decision
specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall
be served upon the person requesting the waiver by certified mail postage pre -paid return receipt
requested and first class mail. If the city manager or his/her designee determines that the waiver is
not warranted, the person shall remit the full amount of the fine as a deposit within ten days of
mailing of the decision. If the full amount of the fine is not deposited within the ten-day period, the
request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final.
The fine shall be immediately due and owing to the city and may be collected in any manner
allowed by law for collection of a debt.
Note: In order to o request an advance deposit hardship waiver, please
tender adated sworn affidavit(statement under penalty ofperjury) to the Department of
Community Dave/000nmoC Sen�uesl�ann/n1� Division Office (Diamond Bar CityHall —
- Development
21825Copley Drive, Diamond Bar) that includes your contact information, adescription of
r �o�mo�/ hardship, �' t�� o�a1/ou n�olbo� as m/eD �s clear and legible copies of the
your /u /w� Vu, ,__
documents that are mentioned in this section constitute your proof of financial
hardship). Please do not submit original documents.
Sec. 1'O4'1OO. Time for administrative hearing.
Only after a request for hearing form is filed, and the responsible person RsqUeaUAg the hearing
has either deposited the administrative fine in full or obtained an advance deposit hardship waiver,
shall the city set the date and time for the administrative hearing. The hearing ohe|| be set for a
date not less than 15 days no[ more than 60 days after the request for hearing form is fi|ed, and
the administrative fine is deposited with the city or an edVoOms deposit hardship waiver ie issued.
The city shall send notice of the date, tiOOe, and place of the hearing to the person requesting the
hearing by certified 0oi|' natU[D receipt requested at |aoat ten days before the date of the hearing.
Any d0curnantation, other than the administrative citation, which the enforcement official has
submitted or will submit to the hearing officer shall be sent to the person requesting the hearing by
certified nOei| postage pre -paid [atUrD receipt requested and first class mail at least five days before
the date on which the hearing is scheduled. The documentation shall also be made available upon
request atthe time ofthe hearing.
Sec'1.04.110. Request for continuance ofhearing.
The responsible pe/on requesting m hearing may request one continuance, but in no event may
the hearing begin later than 90 days after the request for hearing form is 5|ed, and the
administrative fine is deposited with the city or an advance deposit hardship waiver is issued.
Sec. 1.04.120. Appointment ofadministrative hearing officer.
The hearing shall be conducted by an administrative hearing officer appointed by the city manager
toperform such hearings.
Geo 1 U4 13U Procedures at administrative hearing.
' ' ' '
The responsible person may attend theheoringinpensonor\n|ieUofattendingnaysUbnitvritteO
argument and documentation under penalty ofperjury prior tothe time scheduled for the hearing.
Administrative hearings are informal, and /u[0a| rules of evidence and discovery do not aPP|Y.
Each party shall have the opportunity to present evidence in support ofhis orher case and to
cross-examine witnesses. The
city bears the burden of proof at an administrative hearing to
establish a violation of the City Code. The administrative citation and any additional reportssVb[Oi�edbytheenforoernent—'cja|sha\|oonstitUtopriDlofodeeVideOceofthefactGcontainedin
those documents. The administrative hearing officer must use e.preponderance ofevidenceaothe
standard ofevidence indeciding the issues.
Sec1 04.14D Feilurntoot±end adnm\nintrat�x* hoarnQ.
' ^ '
If the responsible person fails to attend the heaCing or fails to submit arguments in vFitiDQ. the
administrative hearing officer will naDdo[ a decision based on the donu[noDte that have been
received and the nasoono�|e person will be deemed to have waived his/her right to an
administrative hearing.
'Under those oiPcVnnStaOnee, the administrative hearing officer may request
additional information from either the responsible person or the enforcement official as may be
necessary to render e decision. If service of the administrative hearing is made by posting the
citation oOreal pFopertvvvithinthnc\tviOVvhi�htheremponoib|eperoonhano|ego|intereat.ondthe
responsible person providesver|fiob/e and substantial evidence, that ' thot reoVa| of the administrative
n�eUoD�oAnthe property bvatiPd party caused the responsible person's failure to attend the
ib| haUbeentit\edtoanad0\Oietro�Veh�ahng
schedu|edh�ahng.th�nsspone responsible .
Seo 1O4.15D Dmu7eiouofodnninisbathe�headngoffimo�
' ^ \ � of theodnO\niet[et�eheehDgofficorshoU
�dthaconcua\oD .
render odecision 8efollows: ,
(a\ C)eterDinethat the violation for vVh\ohthe c�et\onVvanissued occurred, and innpooee�DeiO
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the amount set in thefine and
and ifthe violation has not been corrected es
ofthe date ofthe hearing, oroe[cocorrection o[abatement ofthe violation. |nthis event, the city shall
retain the fine deposited bythe responsible person.
(b\ Determine that the violation for which the citation was issued oocu[[nd, but that the
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responsible party hes* introduced credible evidence of mitigating
circumstances warranting
imposition of e lesser fine than that prescribed in the fine and penalty ochodu|e, or no fine at all,
and impose such lesser fine, ifany; and ifthe violation has not been corrected osofthe date ofthe
hearing, order correction or abatement of the violation. In this eveOt, the city shall retain all or e
portion ofthe fine deposited bythe responsible person asapplicable.
(o) Determine that the violation for which the citation was issued did not occur or that the
condition did not constitute a violation of the Municipal Code. In this mvent, the city shall refund the
deposit, if any, within 15days ofthe decision. b� \n vv[iting
The administrative hearing officers dno\e|on shall . shall explain the basis for the
decision,and shall be served upon the responsible part
ybycertified nmi( postage pre -paid return
receipt requested and first c|ooe mail first class noU' to the address stated on the request for
hearing form. |f epp|ioob|a. the order ehe\| set forth the "ate by which compliance ehe|| be achieved
and the imposed fine paid to the city. The order shall be final on the date of mailing, which shall be
deemed the "date of service," and ohoU notify the responsible person of the right to appeal to. the
superior court, gsfurther described inSection 1.O4.1OO.
Sec 1.04.160. Appoa| of derision of administrative hearing officer.
Within 20 days after service of the decision of the administrative hearing office[ upon the
responsible pe[aoD, he/she may sem [aN�»Vk i cnfthe decision by filing a notice of appeal with the
superior court. The responsible person shall serve upon the city clerk either in person o[byfirst
responsible person fails to timely file u nct|om of
class mail a copy of the notice of appeal. If the
appeal, the administrative hearing officers decision shall be deemed final.
Attachment 7
City of Diamond Bar
Civil Citation
For Municipal Code Violations
p!
(Chapter 1.04 D.B.M.C.)
DB 10350
CITEE COPY
Date: Time:
Name of Citee:
D.L. or I.D. of Citee:
Address of Citee:
Location of Violation(s): t,:::: � 75� L
Date of Violation: �5 Z S — k 0 Time of Violation:
Issued as a Citation Via:
Personal Service Posting Location— First Class Mail
lec-1.
Code Section(s) Violated: --2_ 1-4. . 0Z, 0 ('�
pon"(e- L_Af,.J1 7),7�c
Description of Vialaflon(s):,
1 st Offense 2nd Offense 3rd and Additional
Amount of Fine: Vp t
Name of Officer:
I Have Received this Citation in Person
Signature of Citee:
Statement ofYour Rights
Citee: TahmrfHossain /243236 Springwood Drive, [j|aO0oDd Bar
Attachment toCivil Citation No. DB1035O
You have certain rights in connection with this citation. They are discussed in the following
excerpts of the d Bar Municipal Code
Soc. ^Payment 1D4'O7O ofndmmin��reth/e fine.
�
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Theadministrative fine shall be paid to the city within 30 day
o from the date of service of the
citation ("the Due Date"). Payment of the fiOe, in the absence of a timely request for o hearing
iv f the responsible party's right to �D
pursuant to section 1.04.080' constitutes o waiver n
administrative hearing.
Note: Cash in United States Currency or checks (payable to the City of Diamond
Bar) may be.tendered to the City Clerk's Office (Diamond Bar City Hall — 21825 Copley Drive,
Diamond Bar). Failure to make a timely payment may also result in a late charge or penalty
as follows: 25% of the fine for payments made between 31-60 days following the Due Date;
50% of the fine for payments made between 61-90 days following the Due Date; and, 100%
of the fine for payments made between more than 90 days following the Due Date.
Sec. 4'04` ' O8OL �eoueetfor odrniu�tna§ve hearing.
Any responsible Penson to whom an administrative citation'is issued may choose to contest the
dnoin�a�h�ohngvV�hin3Odays ofaen�m*ofthe citation. Inorder to
citation by requesting an administrative h || submit to the Qty Clerk fully completed request
request � hearing, the responsible person s auDn shall
for administrative hearing form along Wth either a deposit of the full amount of the administrative
fine Un cash o[6yway of e negotiable check) or notice that an advance deposit hardship waiver
request has been filed pursuant tosection 1.O4.OSO.The request for hearing shall be incomplete if
it does not include the deposit the full amount ofthe fio�u� the request for ahap.ohi waiver. The
deposit will be/etuined in a non-interest bearing account until the mat ter \s [aen(vad. |fotimely and
complete request for
hearing is not submitted, th�citoUonsho\|bedoerned�na|'U
and the due
and o»yinUtothe city and ' bcollected in any manner
allowed by |avvfor co||eobon of debt.
(�onnCDenoenneOtcdanaction locoxecz thede\(nquentfinesho||notpredUdeisouanceofadditiona|
citations tothe responsible party
^should the violation persist.
Note ' /o order to request � hearing, please tender dated Written statementtoh4m��ounnnuoitv' Development Depa/tn7eob9�aooimgD/v/ayon��f�ce(Dianoonc�Bmr City Hall
dB r) that contains your name, mailing address, telephone
_�Y���[�op/eyf}r/ve, Diamond �'^ a
number, the reasons you are contesting the citation, as well as the citation number. The
total amount of the fines must accompany this request unless the requirements of
Section 1.04.09Dare met
Pursuant to City Council Resolution No. 99-77, Schedule 1, o $25.00non-
refundable application fee (payable to the City of Diamond Bar) must acoompanyfh/e
request, unless the city has granted a hardshimny/nec
Sec. 1J]4.O8O'J\dvanuahardship waiver
Any responsible person who requests a hearing tocontest 8D administrative citation and who iG
financially unable to deposit the administrative fine as required in section 1.04.070 may file o
request for aD advance deposit hardship waiver. The request shall be filed with the development
services division... no later than ten days after service of the administrative citation. The city
nnaUoge[ or his/her designee may issue on advance deposit hardship waiver only if the person
requesting the waiver submits... a sworn affidavit, together with any supporting doounnento,
demonstrating to the satisfaction of the city manager or his/her designee the person's financial
inability todeposit with the city the full amount ofthe fine iDadvance ofthe hearing. Written proof
of financial hardship, at a minimum must include tax returns, financial statements, bank account
records, salary records or similar documentation demonstrating that the responsible person is
unable to deposit the penalty. The city manager or his/her designee shall issue a written decision
specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall
be served upon the person requesting the waiver by certified mail postage pre -paid return receipt
requested and first class mail. If the city manager or his/her designee determines that the waiver is
not warranted, the person shall remit the full amount of the fine as a deposit within ten days of
mailing of the decision. If the full amount of the fine is not deposited within the ten-day period, the
request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final.
The fine shall be immediately due and owing to the city and may be collected in any manner
allowed bylaw for collection ofadebt.
Note:, /n order to a request an advance deposit hardship waiver, please
tender a dated sworn affidavit (statement eot moder penalty of perjury) to the Department of
Community Development Services/Planning Division Office (Diamond Bar City Han-
21825 Copley Drive, Diamond Bar) that includes yaorcontact information, a description of
your financial hardship, the citation number, ���mnumber,aswellwellaa clear and legible copies of the
documents that are mentioned in this section /which constitute your proof of financial
hardship). Please dmnot submit original docu/oents.
Sec'1.04.100. Time for administrative hearing. -
(]Uk/ after request for hearing form is filed, and the responsible person requesting the hearingh8s'�dbe[depOa�adthaadrniDiat�dveDDe|DfuUorobtaiDodaOmdvmDcedeposithePdSh|pVVa|vo[.
shall the city set the date and time for the administrative hearing. The hearing shall be eat for o
data not |ano than 15 days nor more than UO days after the request for hearing form in filed, and
the administrative fine is deposited with the city or on advance deposit hardship waiver is issued.
The city shall send notice of the data, time, and place of the hearing to the person requesting the
hearing by certified [Dai\, return receipt requested at least ten days before the date of the hearing.
Any doouOnentation, other than the administrative oitation, which the enforcement official has
submitted or will submit to the hearing officer shall be sent to the person requesting the hearing by
certified mail postage pre -paid return receipt requested and first n|aee nnoi| at least five days before
the date on which the hearing is scheduled. The documentation shall also be made available upon
request atthe time ofthe hearing.
Sec. 1.04.110. Request for continuance ofhearing.
The responsible person requesting a hearing may request one continuance, but in no event may
the hearing begin later than 90 days after the request for hearing form is fi|ed, and the
administrative fine is deposited with the city or an advance deposit hardship waiver is issued,
Sec. 1.04.120. Appointment ofadministrative hearing officer.
The hearing shall be conducted by an administrative hearing officer appointed by the city manager
toperform such hearings,
2
Sec. tD4'13O.Procedures etadministrative hearing.
The respoDeibkapernonmay attend the hemh�may
argument and documentation under penalty of p� perjury prior to the time scheduled for the hearing.^d^
' ~x~inistraUVe hearings are informal, endOno| rules of evidence and discovery do not apply.
^
Each party shall' have the opportunity
to present evidence in support ofhis orher case and to
cross-examine witnesses. The city bears the burden of proofat an administrative hearing to
eot3b|—' - violation of the City ode. The administrative 'citation and any additional reportssubmitted by the enforcement ��shaUcoDet�utaphnofecie��denceofthefactsrontaiDedin
those docUOnenie.The adnOiOietratmsheahngofficer nOUetuse epreponderance ofevidence aathe
standard nfevidence indeciding the issues.
Sec' 1.O4~14O.Failure toattend administrative hearing. �
If the -'�-n-ar—niaib|e person fails to
attend the hearing
g or fails tosubmit arguments in writing, the
administrative hearing officer will render a decision based on the documents that have been
nanmiv- and the responsible person will be deemed to have waived his/her right to on
administrative hearing. Under those oi[oUAatonceo, the administrative hearing officer may request
additional information from either the responsible person or the enforcement official as may be
necessary to render a decision. If service of the administrative hearing is made by posting the
citationonr-o| property vithinth8 city inwhich the responsible person has alegal interest, and the
'dverifiabled aUbstoOtio� evidence that na[Ooma| of the administrative
responsible person provides an �
citation from the property byathird party caused the responsible person's failure to attend the
scheduled heahDg.the spuOsib|epereo)oho||beentiUedtoanadrniRiatrotiVahaoring.
Sec 1 D4.15O' Decision of administrative hearing officer.At^a~oOdUoionofdheheohngorvvithin3OdoyetheFeafter,theadO0iOiatratVehnahngoffima[eha||
render decision as follows:
/~~
o\ Determine that the vio|e�oOfor vvhichthe cite�onvVaaissued occU�ed.and impose m�naiO
`�' amount set forth in the fine and penalty schedule, and if the violation has not been corrected as
of he date of the heahng, order correction or abatement of the violation. In this avont, the city ehoU
retain the fine deposited bythe responsible person.
(b\ Determine that the violation for which the citation was issued occur[ed, but that the
` '
responsible pod'v has introduced credible evidence ofmitigating ciP:UDotoOoes warranting
inpuoit\nD of a lesser fine Dethan that pnaeuhbad in the fine and penalty achedu|m, o[nofine at all,
and impose such lesser fine, ifany; andifthevio|ationhasDotbeenco[rectedaoof-thedataofthe
heohnQ, order correction or abatement of the violation. In this event, the city shall retain all or a
portion ofthe fine deposited bythe responsible person eaapplicable.
/c> Determine that the violation for which the citation was issued did not occur or that the
``OdiUon did not constitute o violation of the Municipal Code. In this oVent, the city shall refund the
deposit, �any, vvithiO15days ofthe decision.
The administrative hearing officer's decision aho|\ be in VV[\ting, shall explain the basis for the
decision, and be served upon the responsible pad
vbycertihednai| postage pre -paid returnfor
receipt requested and first dena mail fire[ o|000 nai|, to the address stated on the request
hearing form. |f applicable, the order shall set forth the date by which compliance shall be achieved
and the imposed#nepoidtothechv.TheonderahaUbmfina|oDthedoteofnai|iDg.vhiohehoUbe
deemed the "date of service," and
shall notify the responsible person of the right to appeal to the
superior court, asfurther described inSection 1.O4.1SO.
Sec. 1.04.160. Appeal ofdecision ofadministrative hearing officer.
Within 20 days after service of the decision of the administrative heohDg offiosF upon the
responsible penaon, he/she may seek review ofthe decision by filing a notice of appeal with the
superior court. The responsible person shall serve upon the city clerk either in person or by first
class rno|\ a copy of the notice of appeal. If the responsible person fails to timely file a notice of
appeal, the, administrative hearing officer's decision shall be deemed final.
------
Attachment 8
City of Diamond Bar
Property Location or Address
A Neighborhood improvement Officer inspected the property described
above and observed the following violation(s) of the Diamond Bar
Municipal Code:
r Improper time and date of placement of trash containers (DBMC8.16.100)
C Storage of abandoned or inoperative vehicles (DBMC 1020.010)
Encroachment within public streets or sidewalks (DBMC 12.04. 40)
Construction without proper permits (DBMC 15.00.301)
_. Storage of debris/materials/trash cans in public view (DBMC 22.34.030(a))
Parking of vehicle on unpaved surface (DBMC 22.34.030(b))
0 Damage or deterioration of structure (DBMC 22.34.030(c))
Poor landscaping conditions (DBMC 22.34.030(d))
Unsafe and non -permitted fences or walls (DBMC 22.34.030(e))
Improper display of temporary banners (DBMC 22.36.040)
r_ Non -permitted signs (DBMC 22,36.080)
Improper use of property (DBMC 22.42)
0- Holiday/decorative lighting installation (NEC ch 70, article 305-3(b))
Other:
R&gA.6
A Neighborhood Improvement Officer will visit the property in U days
to ensure compliance with our community standards. Please correct the
listed violations) by �'Z�S I l or a citation and a $100 fine
shall be issued. —____
If you have any questions regarding this notice, or would like to schedule
an appointment to meet with a Neighborhood Improvement Officer to
discuss the City Code or other concerns in your neighborhood, please
do not hesitate to contact Officer:
/Richard Freiholtz 909.839.7036
Arrank you our assistance in maintaining Diamond Bar as a beautiful
—err safe place to live, work and visit.
Ci
Date issued Net boyhood Imp1` vement mice- is Signature
Attachment 9
Carol Herrera
Mayor
Steve Tye
Mayor Pro Tem
Ron Everett
Council Member
Jack Tanaka
Council Member
Ling -Ling Chang
Council Member
May 07, 2010
2182GCopley Drive. Diamond Bar, CA817GG-4178
/9O8\833-TOOO`Fax (3OS)8G1-%117
TAHERI,HOSSAIN
24236SPRINGVVO[)OOR
DIAMOND BAR, C& 91765-4322
Dear: TAHERI,HOSSAIN
On Monday, April 26, 2010 I visited your property as part of the City's ongoing
effort to ensure the continued safety and attracbvness of the community.
Conditions that detract from the appearance of your neighborhood were
observed..
I visited your property again on Friday, May 07, 2010 and observed that the
following conditions continued toexist:
Code Section Requested Compliance Date
oorLandscaping
P Conditions
r��7C-�
22.34.030 [d]
T-05/201 0
Comments: Please remove all overgrown vegitation.
`
Diamond Bar's reputation as a community of attractive and we|-rnaintained �
properties is based substantially on the high standards that are set by the
community and contained i� the city code. Our goal is to work with residents and `
business owners to e|rninate blight, approve the appearance and safety of the
community, and create an atmosphere which instills pride and a sense of
well-being tothose who |iYc, work, and play in Diamond Bar.
IvviU visit the property again on May 18, 2010. Your cooperation in correcting the
condition(s) identified above is appreciated. Should the violation continue to
exist, responsible 'nsib|e part|es will be subject to a $100 citation. If you have any
questions, or require additional information, please do not hesitate to contact
| rneat(9OA) 839-7825ext 36.
| Sincerely,
Richard Freho|tz
I cc: Greg Gubman, AICP, Community Development Director
10
1.3443
City of Diamond Bar
� -r� ��'--a�..�"�j�c�'�yE,c��:�'"�Yza'�i�`�'�3�'�'"�'"`�`��ia�.'x-^xi�"•�
�Courtesy�Noticetto z tc° .Af .2f
Correct Vola#ion
Property Location or Address
A Neighborhood Improvement Officer inspected the property described
above and observed the following violation(s) of the Diamond Bar
Municipal Code:
D. Improper time and date of placement of trash containers (DBMC8.16.100)
❑ Storage of abandoned or inoperative vehicles (DBMC 10.20.010)
❑ Encroachment within public streets or sidewalks (DBMC 12.04.140)
D Construction without proper permits (DBMC 15.00,301)
❑ Storage of debris/materials/trash cans in public view (DBMC 22.34.030(a))
❑ Parking of vehicle on unpaved surface (DBMC 22.34,030(6))
❑ Damage or deterioration of structure (DBMC 22.34.030(c))
/ Poor landscaping conditions (DBMC 22.34.030(d))
❑ Unsafe and non -permitted fences or walls (DBMC 22.34.030(e))
❑ Improper display of temporary banners (DBMC 22.36.040)
❑ Non -permitted signs (DBMC 22.36.080).,
0 Improper use of property (DBMC 22.42).
❑ Holiday/decorative fighting instailatioti (NEC cfi 70 aiticle 305-3(b))
❑ Other. :..:.:.............. ..:. ..
`moi .:'�`G:r'f:f:�"::.1.�;:: `+.;:;.;:•: t•,;t:;•.; ;,.,_'. ..
tjA Neighborhood"Improvemerit`Offlcer`w'ill:visif the he property in{t C_�. days
to ensurecompliance`with;oui corrimuni ;stand6F s Please correct the
listed violation(s)by'.;'C`:;j:a':';::;: ,,>.,:....
ora clfatioii and a $100 fine
shall be issued; .
f you have any ques6ans regarding this notice or'vvould like to schedule
in appointment fo. meet wifh a.Neighborhood_Improvement Officer to
iiscuss the City Code &v
other concerns In:your neighborhood, lease
In nnf hacrfafci'fn rnnfant!llfF,,.,'..:; p
information
Attachment 11
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CHAPTER 77 3/i - PROPERTY MAINTENANCE S ..^
U - Single-family standards.
12
Page 1 °
f
�^�I
(a) Storage /nfront yautlskdeyard abutting ostreet. '
(1) The entire front' "". adjacent street ~. sidewalk shall be kept _dmaintained
free and clear of all construction and automotive materials or parts, trash, refuse, debris, trash
storagereceptacles, inoperative , dismounted
materials, appliances, equipment or similar .
(2) Emergency or minor repairs to a motor vehicle ownedoy a person residing upon
may be conducted on a vehicle upon a paved driveway or paved parking area. Repair shall be
concluded within ten consecutive days of the commencement thereof or up to 30 days at the
discretion ofthe director.
(3) Interior side yards and side yards abutting astreet shall bemaintained inaclean and orderly
manner.
(b) Vehicle
(1) Parking n1vehicles, including recreational venu�� m/uuo�u,/umi parcel shall occur within
carport,a garage, or or upon adriveweyorothoro|NweU paved parking area. If parked on
side yard, an open pedestrian walkway at least 36 inches in width shall be maintained on one
side yard for public safety access purposes.
(2) No personshall park nrstore acommercial vehicle, commercial trailer orrelated commercial
equipment for.a period in excess of 72 hours. No more than two commercial vehicles or trailers
may be parked on a parcel at any one time.
| (o) Structure maintenance. All structures shall on mama^mvu in u^uuom/m"x ""=.". safe manner with "
clean, orderly appearance. Any physical damage or deterioration (e broken widnwo/doom
leaking roof, etc�), peeling paint, graffiti or other types of damage or deterioration shall be repaired as
�
be uniform in muu,xu/and color or match existing except ~~ approved ~y the director ''' cases —
�
emergency. Graffiti shall be removed within 72 hours by the owner/occupants of the structure.
(d) ma/n/enenoe�Yandoandee�beokaraaaahoUbn|andaoapodwith|awn.tmno.ahrubn,or
other plant material, and shall be permanently Landscape maintained in a neat and orderly manner and
substantially free of weeds, debris and dead, diseased or dying vegetation and broken or defective
decorative elements of the landscaped area. Foliage in landscaped areas shall be mowed, groomed,
""""'""'p'""""=~~~`~~~~'/ ~~~~------'-----| |-'-` growing ho||bemei�ainod
itions and not
det�mt�nmthe appearance ofthe immod��na�hborh000. mgemsystems
! toprevent public health orsafety hazards.
� (1) The standards contained inthis section h Uap |ytoenexpnoedourfacewhinhfonnoon
.
incline that has aratio of1D1 (hohzonta|:vertica|)orgreater.
/a. Slopes adjacent to a publichighway shallbm |ntai d in a neat anddo er,
free of weeds and debris. A public highway shall include local streets, the entire width of
every highway including all portions dedicated for highway purposes, such as the
I sidewalks, parkways and roadways. Said slopes shall be irrigated seasonally or at
intervals sufficient to ensure survival and growth of slope plant material. Plant material
shall be neatly trimmed and shall not encroach into the public right-of-way. Erosion
control methods shall be utilized to maintain slope stability, Walls, fences and/or slope
plant material shall be maintained in a manner that does not detract from the
appearance of the immediate neighborhood. Overgrown vegetation that harbors rats or
other vermin, or attains such growth as to become a fire hazard when dry or that is
� mmonmse noxious, dangerous or uxug""v shall be prohibited. Failure to maintain.said
!slopes in the manner described isdeclared unlawfuland a public nuisance endangering
the health, safety and general welfare ~' the public and detrimental -- the surrounding
!
community and shall beabated pursuant tnsection 22.34.07O.
(e) Fence and wall maintenance. All structures |
shall bemaintained i structurally sound, safe mariner
with a clean, orderly appearance. Any physical damage or deterioration, peeling paint, loose boards,
graffiti, or other types of damage or deterioration shall be repaired as soon as possible. Graffiti shall
| baremoved within 72hours bythe owner/occupant nfthe structure.
i UD'�ononnbnLSondbogoandotherhemporaryemaionoontm|meaounaomaybouti|bed
for amaximum ofoneyoar.Sandbogaendoiheremaioncontmlmatmha|anddevioeouhaUbe
maintained in good condition and replaced as necessary, After one year, a permanent solution shall
be pursued.
| KOnd.No. ox;yn4\«2,11'x'a8;Ord. No. uc(zoo/),§ 22,//-6-otOrd No. o4(eooV.0t/Y-u0-ntOrd. No. o6(2oo3)./x2-
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CHAPTER 22.34. - PROPERTY MAINTENANCE STANDA... Page I of 3
Sec. 22.34.070. - Abatement procedures.
(a) Public nuisance and nuisance per se.
(q) The authority to abate and impose sanctions. Enforcement of this chapter shall be
accomplished by the director in any manner authorized by law. The procedures identified in
this chapter shall not be exclusive and shall not, in any manner, limit or restrict the city from
enforcing other ordinances or abating public nuisances in any other manner provided by law.
Whenever the director determines that any condition exists in violation of this chapter, the
officer shall take appropriate enforcement action in compliance with this chapter.
Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may
be employed as determined to be necessary and provided by law.
(2) Written notice. Whenever the director has inspected the location of the alleged violation and it
has been found or determined that conditions constituting a nuisance exist, the director shall
prepare a notice and order and cause the owner of the property and the person, if other than
the landowner occupying or otherwise in charge or control of property, to be notified in writing
of the existence of the condition and/or require an appearance before the director at a stated
time and place to show why the condition should not be abated by the city at the person's
expense. The notice and order to abate the determined public nuisance shall contain the
following information:
a. The street address and a legal description sufficient for identification of the property on
which the condition exists;
b. A statement that the director has determined that a public nuisance is being maintained
on the property with a brief description of the conditions which render the property a
public nuisance;
C. An order to secure all appropriate permits and to physically commence, within a certain
time from the date of service of the notice and order, and to complete within that
reasonable and established time and date, the abatement of the described conditions;
d. A statement advising that the disposal of any material involved in public nuisances shall
be conducted in a legal manner;
e. A statement advising that if the required work is not commenced within the time
specified, the director will proceed to cause the work to be done, and bill the persons
named in the notice for the abatement costs and/or assess the costs against the
property;
f. A statement advising that a person having an interest or record title in the property may
request consideration of the notice and order or any action of the enforcement within ten
days from the date of service of the notice and order; and
g. A statement advising that the notice and order will be recorded against the property in
the office of the county recorder.
(b) Manner of notice. The notice and order, and any amended notice and order, shall be mailed by first
class mail, postage prepaid, to each person as required in compliance with subsection (a)(2) above at
the address of the violation as it appears on the latest equalized assessment roll of the county, or as
known to the director. The address of owners shown on the assessment roll shall be conclusively
deemed to be the property address for the purpose of mailing the notice.
The failure of the director to make or attempt service on a person required in this chapter to be served
shall not invalidate any proceedings hereunder as to any other person duly served. Service by mail, in
compliance with this chapter, shall be effective on the date of mailing. The failure of any person entitled to
receive notice shall not affect the validity of any proceedings taken under this chapter. Proof of service of the
notice and order shall be documented at the time of service by a declaration under penalty of perjury
executed by the person effecting service, declaring the time and manner in which service was made.
At the time the notice and order is served, the director shall file in the office of the county recorder a
certificate legally describing the property and certifying that a public nuisance exists on the property and that
the owner has been so notified. The director shall file a new certificate with the county recorder that the
nuisance has been abated whenever the following actions occur:
(q) Corrections ordered have been completed so that a public nuisance no longer exists on the
subject property as described in the original certificate;
(2) The notice and order is rescinded upon appeal; or
(3) Whenever the city abates the nuisance and the abatement costs have been paid.
(c) Extension of time to perform work. Upon receipt of a written request from any person required to
comply with the order, the director may grant an extension of time within which to complete the
abatement, if the director determines that an extension of time will not create or perpetuate a situation
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CHAPTER 22.34. - PROPERTY MAINTENANCE STANDA... Page 2 of 3
imminently dangerous to life or property. The director shall have the authority to place reasonable
conditions on any extensions.
(d) Hearing. The director may set a date, time and place to hear any relevant evidence concerning the
existence of the alleged public nuisance and the question of whether the expense of abating the
public nuisance, if determined to exist, should be made alien on the property.
If, at the conclusion of the hearing, the director is satisfied that the condition exists and concludes that
it should be abated at the expense of the landowner, the director shall advise the person in writing in the
same manner as provided in subsection (b), above. The notice shall also inform the landowner of the right of
appeal as provided in subsection (h), below. In the event any person given notice of hearing, as shown by
the evidence of mailing, should fail to appear at the hearing, then the evidence available to the director shall
be sufficient evidence of the existence of facts in support of the conclusion.
(e) Request for reconsideration. Any person aggrieved by the action of the director in issuing a notice
and order in compliance with this chapter may request a hearing before the council in compliance
with subsection (h), below. If no appeal is filed within the time prescribed, the action of the director
shall be final.
(f) Council hearing. A request for a council hearing shall be made in compliance with the following
provisions:
(1) Hearing on director's decision. Any person entitled who is dissatisfied with a public nuisance
determination of the director may request a hearing before the council within seven days from
the date of mailing of the decision of the director. The written request shall be filed with the
department.
(2) Request for hearing. The request for a council hearing shall specify the following:
a. The legal description and street address of the property;
b. The determination that is the basis of the hearing request;
C. The person's legal interest in the property;
d. A statement of disputed and undisputed facts; and
e. A signed verification of the truth of all stated matters.
(3) Processing of requests for hearings. Requests for hearings shall be processed in the following
manner:
a. Upon the timely filing of a request for a hearing, the director shall place the matter on a
regular meeting of the council scheduled to be held not less than 30 days after the
appeal is received;
b. The council may reverse or modify the decision of the director and/or remand the matter
to the director for further consideration. if the council does not take any action reversing,
1 modifying and/or remanding of the decision of the director within 30 days after the filing
of the request for a hearing, the director's action on the matter shall be final and
conclusive. Notice of a final determination shall be sent in the same manner as after the
director's determination.
(g) Abatement of nuisance(s). If the nuisance is not completely abated by the owner as directed within
the abatement period, the city shall immediately cause the same to be abated by city personnel or
private contract and the personnel or persons under contract are expressly authorized to enter upon
the subject premises for these purposes. The owner of the premises shall be liable to the city for all
costs of abatement, including all administrative and inspection costs.
(h) Proceedings for abatement of imminently dangerous public nuisances. Whenever the director
determines that a public nuisance is so imminently dangerous to life or adjacent property that the
condition shall be immediately corrected, or isolated, the following procedures shall be instituted:
(1) Personal interview. The director shall attempt to make contact through a personal interview, or
by telephone with the landowner or the person, if any, occupying or otherwise in real or
apparent charge and control of the subject property. In the event contact is made, the director
shall notify the person(s) of the danger involved and require that the condition be immediately
removed, repaired or isolated to preclude harm to any person or property;
(2) Removal of the dangerous condition(s). In the event the director is unable to make contact, or
if the appropriate persons, after notification by the director, do not take action as specified by
the officer, within the time frame requested, then the director may, with the approval of the city
manager, take all steps deemed necessary to remove or isolate the dangerous condition(s),
with the use of city personnel or a contractor retained in compliance with the provisions of the
Municipal Code; and
-(3) Account of the costs. The director shall keep an itemized account of the costs incurred by the
city in removing or isolating the condition(s). These costs may be recovered in the same
manner that abatement costs are recovered, in compliance with this chapter.
(i) Costs of inspection. Whenever a public nuisance as defined in this chapter is found to exist as a
result of the inspection, the reasonable costs for the inspection, as set by the council's fee resolution,
shall be paid by the landowner.
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CHAPTER 77_34^ _ PROPERTY MAINTENANCE S _ Page 3 of
U)
Assessment ofcosts against real property. The following provisions shall apply: !
(i) Cost assessment The director, personnelorpersonswhoobatethenuisshall keep an
account ofthe cost ofabatement. The personnel or personsshall submit enitemized written
report showing the costs tothe director for transmittal tothe council.
(2) Hearing on assessmentTh city clerk h U setth rt and accountfo hearing by the.
council atthe first regular meeting which will beheld atleast sevenda after the date uffiling,
and shall post a copy of the report and account and notice of the date, time and place of the �
hearing in a conspicuous place. The owner who is affected by the report and account shall be
served enotice containing the date, time and place ofthe hearing.
(3) Tax lien. The council shall consider the report and account at the time set for hearing,together �
with any objections orprotests byany interested parties. Any owner of land or interested
person may present awritten ororal protestorobjeoUonatothorepndandoonount.Tho
council may modify the report if it is deemed necessary, and shall then confirm the report by
motion orresolution. |ncompliance with state law (Government Code §§25D45and 38773.5).
the total costs of abatement, including all administrative costs, shall constitute a special
assessment against the subject parcel. After the assessment is made and confirmed, it shall
'
become alien onthe subject parcel.
(4) Cost reprt. After confirmationofthe report, certified copy h ||befi|adwiththeoounty
auditor on or before August I Oth of each year and the auditor shall be requested to enter the
amountoofthe respective assessments onthe county tax roll.
(5) Special assessment. The special assessment shall be collected at the same time and in the
same manner oaordinary propertybaxaoanauo||edodondohaUbeeubjectbothaaamo
penalties and the same procedures and sale in case of delinquency 2S provided for ordinary
property taxes.
(0) Refunds. The council may order refunded all orpart ofanassessment paid|ncompliance with
this chapter, if it finds that all or part of the assessment has been erroneously levied. An
assessment oreny partthereof shall not barefunded un|euaac|aimiofi|odwdhUhecityc|erk
on or before December 1st after the assessment becomes due and payable. The claim shall
be verified by the person who paid the assessment, or the responsible administrator, executor
or guardian.
(k) Enforcement. Enforcement of the provisions of this chapter shall be in compliance with chapter 22.78
(Enforcement).
(Ord. No. 02(1998), §z1/'z'y8)
�ft� ' �� 1�7O 10/4/2010
uu `//DO� I�U�lC0u��UD0111�L�/ �U/l����H��l���J lll���
BAR111
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:
ADDRESS:
PHONE:'N9-q) W -
ORGANIZATION: um(�61
AGENDA#/SUBJECT:
I expect to address fhe Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name eind address as written above.
This document is a public record subject to disclosure under the Public Records