HomeMy WebLinkAbout2021.11.16 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, November 16, 2021
Closed Session 5:30 PM
Regular Meeting 6:30 PM
PUBLIC ADVISORY:
Consistent with State Assembly Bill 361, members of the City Council may be present or participate
telephonically. Members of the public are encouraged to participate and address the City Council
during the public comment portion of the meeting either in person or via teleconference. If you
would like to attend the meeting in person, please note that face coverings are required to be worn
at all times.
How to Observe the Meeting From Home:
The public can observe the meeting by calling +1 (213) 929-4212, Access Code: 810-750-778 OR visit:
https://attendee.gotowebinar.com/register/2319392709969159694.
How to Submit Public Comment:
The public may provide public comment by attending the meeting in person, by sending an email, or by
logging into the teleconference. Please send email public comments to the City Clerk at
cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line
“FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the
record at the meeting and posted on the City’s official agenda webpage as soon as reasonably
practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx).
The public may log into the meeting through this link:
https://attendee.gotowebinar.com/register/2319392709969159694. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839 -
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
NANCY A. LYONS
Mayor
RUTH M. LOW
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
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 on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. If
requested, the agenda will be made available in an alternative format to a person with disability as
required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
hours.
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. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity 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.
Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of
the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City
Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
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 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/2319392709969159694 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 16, 2021
CLOSED SESSION:
5:30 p.m., Windmill Room
Public Comments on Closed Session
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code Section 54956.9(d).
One potential case.
Claim by Diamond Bar Village property
owners.
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low, Mayor
Lyons
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Restaurant Week Wrap Up
1.2 Through My Lens Photo Contest Winners Slideshow
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
NOVEMBER 16, 2021 PAGE 2
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 other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. Please complete a
Speaker Card and hand it to the City Manager (completion of this form is
voluntary). The City will call on in person speakers first and then teleconference
callers, one at a time to give their name and if there is an agenda item number
they wish to speak on before providing their comment. If you wish to speak on a
public hearing item or council consideration item, you will be called upon to
speak at that point in the agenda.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Tres Hermanos Conservation Authority Regular Meeting – November
17, 2021, 6:00 p.m., Windmill Community Room, 21810 Copley Drive
and online teleconference.
4.2 Planning Commission Meeting – November 23, 2021 – 6:30 p.m.,
Windmill Community Room, 21810 Copley Drive and online
teleconference.
4.3 Thanksgiving Day Holiday – November 25-26, 2021 – City Offices
Closed
4.4 Winter Snow Fest and Craft Fair – December 4, 2021 – 8:00 a.m.-
2:00 p.m., 738 Pantera Drive.
4.5 City Council Meeting – December 7, 2021, 6:30 p.m., Windmill
Community Room, 21810 Copley Drive and online teleconference.
5. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
5.1 CITY COUNCIL MINUTES OF THE NOVEMBER 2, 2021 REGULAR
MEETING.
5.1.a November 2, 2021 City Council Minutes
Recommended Action:
NOVEMBER 16, 2021 PAGE 3
Approve the November 2, 2021 Regular City Council meeting minutes.
Requested by: City Clerk
5.2 RATIFICATION OF CHECK REGISTER DATED OCTOBER 27, 2021
THROUGH NOVEMBER 9, 2021 TOTALING $367,500.04.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5.3 STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM PER CAPITA GRANT FOR PANTERA
PARK.
Recommended Action:
Adopt Resolution No. 2021-52, approving the filing of a Statewide Park
Development and Community Revitalization Per Capita Grant Application
for Pantera Park, and authorizing the City Manager, or designee, to
execute and submit all documents necessary to submit an application,
accept, administer and expend the grant funding.
Requested by: City Manager
5.4 REIMBURSEMENT AGREEMENT WITH THE TRES HERMANOS
CONSERVATION AUTHORITY FOR PROPERTY MAINTENANCE
SERVICES.
Recommended Action:
Approve, and authorize the Mayor to sign, the Reimbursement Agreement
for property maintenance services with the Tres Hermanos Conservation
Authority.
Requested by: City Manager
5.5 CANCELLATION OF JANUARY 4, 2022 CITY COUNCIL MEETING
Recommended Action:
Adjourn the December 21, 2021 City Council meeting to January 18,
2022.
Requested by: City Manager
6. PUBLIC HEARINGS:
6.1 ESTABLISHMENT OF THE BREA CANYON ROAD UNDERGROUND
UTILITY DISTRICT.
Recommended Action:
NOVEMBER 16, 2021 PAGE 4
Receive presentation, open Public Hearing to receive testimony, close
Public Hearing, discuss, and adopt Resolution No. 2021-53 establishing
the Brea Canyon Road Underground Utility District.
Requested by: Public Works Department
6.2 ORDINANCE NO. 03 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING
SECTIONS 22.08.030 (RESIDENTIAL ZONING DISTRICT LAND USES
AND PERMIT REQUIREMENTS), SECTION 22.30.040 (NUMBER OF
PARKING SPACES REQUIRED), 22.42.040 (CHILD DAY CARE
FACILITIES), SECTION 22.42.140 (GROUP HOMES) AND SECTION
22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES)
OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ENACT UPDATED REGULATIONS PERTAINING
TO FAMILY DAY CARE HOMES IN ACCORDANCE WITH STATE LAW.
Recommended Action:
Introduce for first reading by title only, waive full reading of Ordinance No.
03 (2021), open Public Hearing to receive public testimony, and schedule
the second reading and adoption at the next regularly scheduled City
Council meeting.
Requested by: Community Development Department
7. COUNCIL CONSIDERATION:
7.1 CITYWIDE BUS SHELTER REPLACEMENT PROGRAM
Recommended Action:
A. Approve design concept for replacing existing original bus shelters
with:
1. Non-advertising shelters; or
2. Shelters with advertising panels;
And;
B. Approve City logo to be added to the new bus shelters with:
1. Clear-coated Print; or
2. Custom Perforated Metal Pattern.
Requested by: Public Works Department
NOVEMBER 16, 2021 PAGE 5
7.2 ORDINANCE NO. 04 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 8.16 (SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETY) OF THE
DIAMOND BAR CITY CODE, IMPLEMENTING SB 1383 ORGANIC
RECYCLING REGULATIONS.
Recommended Action:
Introduce for first reading by title only, waive full reading of Ordinance No.
04 (2021), and schedule for second reading and adoption at the next
regularly scheduled City Council meeting.
Requested by: City Manager
8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
9. ADJOURNMENT:
Agenda #: 5.1
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE NOVEMBER 2, 2021 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the November 2, 2021 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
5.1
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Attachments:
1. 5.1.a November 2, 2021 City Council Minutes
5.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
NOVEMBER 2, 20216
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:30 p.m.
M/Lyons stated that consistent with COVID-19 regulations, members of the public were
encouraged to participate and address the City Council during the public comment
portion of the meeting via teleconference. Members of the City Council and limited staff
were physically present for the meeting and public seating was very limited due to
distancing requirements on a first-come, first-serve basis.
PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low, Mayor Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; David DeBerry, City Attorney;
Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Hal Ghafari,
Public Works Manager/Assistant City Engineer; Christian Malpica, Associate Engineer;
Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Jason
Jacobsen, Finance Director; Joan Cruz, Administrative Assistant; Kristina Santana, City
Clerk
Staff present telephonically: Alfredo Estevez, Information Systems Analyst;
Anthony Santos, Assistant to the City Manager; Amy Haug, Human Resources and Risk
Manager; Ryan Wright, Parks and Recreation Director; Cecilia Arellano, Public
Information Coordinator; Marsha Roa, Public Information Manager; Ryan Wright, Parks
and Recreation Director; Ronnie Ramirez, Senior Neighborhood Improvement Officer;
Justin Jones, Senior Neighborhood Improvement Officer; Raymond Tao, Building
Official; Nicholas Delgado, Engineering Technician
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen
Tousey, LA County Sheriff’s Department and the City’s Housing Element Consultant,
John Douglas.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 2021 Property Assessment Update presented telephonically and virtually
by Los Angeles County Assessor Jeff Prang.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox introduced Jason Jacobsen, the City’s new Finance Director.
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NOVEMBER 2, 2021 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
In Person:
Pui-Ching Ho spoke about November events at the Diamond Bar Library.
Realtor Larry Black asked Council to continue Agenda Item 6.1 (CITYWIDE BUS
SHELTER REPLACEMENT PROGRAM) from its meeting of October 19th to the
next Regular City Council Meeting on November 16th for reconsideration of its
approval of non-advertising bus shelters.
Realtor John Yacoub asked Council to continue Agenda Item 6.1 (CITYWIDE
BUS SHELTER REPLACEMENT PROGRAM) from its meeting of October 19th to
the next Regular City Council Meeting on November 16th for reconsideration of its
approval of non-advertising bus shelters.
Realtor Gil Rivera asked Council to continue Agenda Item 6.1 (CITYWIDE BUS
SHELTER REPLACEMENT PROGRAM) from its meeting of October 19th to the
next Regular City Council Meeting on November 16th for reconsideration of its
approval of non-advertising bus shelters.
Realtor Ty Wallace asked Council to continue Agenda Item 6.1 (CITYWIDE BUS
SHELTER REPLACEMENT PROGRAM) from its meeting of October 19th to the
next Regular City Council Meeting on November 16th for reconsideration of its
approval of non-advertising bus shelters.
CC/Santana reported the City received one email from Larry Black which was
forwarded to City Council Members earlier in the day.
There was no one who wished to speak telephonically.
RESPONSE TO PUBLIC COMMENTS:
Council Members concurred to place the matter of reconsideration of the Bus
Shelter Replacement Program on the November 16th City Council agenda with
MPT/Low requesting additional information from staff regarding costs and
potential income to the City.
4. SCHEDULE OF FUTURE EVENT: CM/Fox presented the Calendar of
Future Events.
5. CONSENT CALENDAR: C/Chou moved, MPT/Low seconded, to approve the
Consent Calendar as presented with C/Chou and MPT/Low abstaining due to
recusal from Item 5.6. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5.1.a
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NOVEMBER 2, 2021 PAGE 3 CITY COUNCIL
5.1 APPROVED CITY COUNCIL MINUTES:
5.1a REGULAR MEETING OF OCTOBER 19, 2021.
5.2 RATIFIED CHECK REGISTER DATED OCTOBER 13, 2021 THROUGH
OCTOBER 26, 2021 TOTALING $1,768,480.22.
5.3 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF JULY
2021.
5.4 ADOPTED RESOLUTION NO. 2021-48, PROVIDING FOR CONTINUED
USE OF TELECONFERENCING AND OTHER FORMATS, AS DEFINED,
AND IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF
THE DIAMOND BAR CITY COUNCIL, CITY COMMISSIONS AND
SUBCOMMISSIONS.
5.5 APPROVED FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH MV CHENG & ASSOCIATES, INC. FOR
TEMPORARY ACCOUNTING STAFF SERVICES.
5.6 INTENT TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT NO. 39
AND INITIATION OF FORMATION OF NEW LANDSCAPE
ASSESSMENT DISTRICT NO. 39-2022.
A. ADOPTED RESOLUTION NO. 2021-49 DECLARING THE CITY’S
INTENTION TO DISSOLVE LANDSCAPE ASSESSMENT DISTRICT
NO. 39 AND DIRECT STAFF TO ADVERTISE THE PUBLIC
HEARING BEFORE THE CITY COUNCIL AT THE JANUARY 18,
2022 REGULAR MEEETING; AND,
B. ADOPTED RESOLUTION NO. 2021-50 INITIATING PROCEEDINGS
FOR THE FORMATION OF A LANDSCAPE ASSESSMENT
DISTRICT (NO. 39-2022) PURSUANT TO PROVISIONS OF
DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE
OF THE STATE OF CALIFORNIA, AND DESIGNATING SCI
CONSULTING GROUP AS THE ENGINEER OF RECORD.
5.7 APPROVED AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO
FILE A NOTICE OF COMPLETION FOR THE DIAMOND BAR
BOULEVARD STREET REHABILITATION FROM PATHFINDER ROAD
TO MOUNTAIN LAUREL WAY PROJECT NO. S120101.
6. PUBLIC HEARINGS:
6.1 ADOPTION OF THE 2021-2029 HOUSING ELEMENT UPDATE.
CCD/Gubman introduced Housing Element Consultant John Douglas who
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NOVEMBER 2, 2021 PAGE 4 CITY COUNCIL
presented the staff report.
Telephonically:
Robin Smith asked if the formerly scheduled affordable housing located on
Tres Hermanos would remain on the property or be removed and
relocated.
Paul Deibel expressed support for the Housing Element that establishes
commitment to modify the City’s Development Code and Standards in the
next two years as the initial phase of implementation of the plan to provide
for greater densities and incentives for more affordable housing in the
community in general and focus areas in particular, which would benefit
local businesses and economic activities. The Housing Element and
programs would be enhanced by the strategic use of a well thought out
inclusionary housing program as a component and tool, particular in the
Town Center focus area.
Dave Reynolds asked for clarification of what the upgrading of existing
housing encompasses.
Mr. Douglas responded to speakers: The Housing Element has an
inventory of properties that are anticipated to be available for development
in the next eight (8) years and the Tres Hermanos property is not listed in
that inventory. The inventory of parcels in the Housing Element includes
maps in the appendix showing the three focus areas where future
development is anticipated. State law says that these maps can be on a
citywide scale and as such, the Element does not contain a “zoomed in”
body of maps. Inclusionary housing refers to a requirement that
affordable housing be built as part of a development project and
inclusionary is a policy decision for the City Council that can be made at
any time that is not included as a policy in the current Housing Element.
C/Chou asked if the passage of SB9 would effectively double the City’s
housing stock and Mr. Douglas responded that planners and attorneys are
in the process of figuring out the details of SB9 which does not specifically
address Accessory Dwelling Units (ADU’s). SB 9 does not take effect until
the beginning of 2022 and the state has not provided guidance to cities
about how SB9 should be considered as part of the Housing Element.
MPT/Low asked if the Housing Element is a baseline document built on
eight years going forward and Mr. Douglas responded that the Housing
Element is one of the few components of the City’s General Plan for which
the state establishes a relatively short time span of8 years
MPT/Low asked if a property could be rezoned at a later date from
commercial to specific plan, for example, and Mr. Douglas responded that
the General Plan and Zoning can be changed from time to time at the will
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NOVEMBER 2, 2021 PAGE 5 CITY COUNCIL
of the City Council. The Housing Element commits to the process that
was set in motion two years ago with the General Plan Update and details
are specified through the Zoning Ordinance or through Specific Plans.
The Housing Element is a planning document and not a blueprint for
development.
C/Tye asked Mr. Douglas to address Mr. Reynold’s question about what
the update of current housing means and how it would affect private
property. Mr. Douglas explained that State Housing law requires cities to
use their municipal powers in order to maintain and improve the existing
housing supply and many cities receive grant funds from the Federal
Government or other sources to assist low income folks or people with
disabilities financially in making repairs to their property which in no way
forces property owners to do anything on their property but provides
resources to folks who might not otherwise be in a position to make
repairs and upgrades to their properties, such as the Diamond Bar Home
Improvement Program.
C/Chou moved, C/Tye seconded, to Adopt Resolution No. 2021-51
adopting the 2021-2029 Housing Element Update as presented. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. COUNCIL CONSIDERATION:
7.1 SETTING OF HEARING DATE TO CONSIDER APPEALS OF BUILDING
OFFICIAL’S NOTICE AND ORDER TO VACATE THE VILLAGE AT
DIAMOND BAR CONDOMINIUM COMPLEX, AND APPOINTMENT OF
HEARING EXAMINER TO CONDUCT HEARING(S).
CCD/Gubman presented the staff report.
M/Lyons admonished speakers that the Council has been advised by the
City Attorney that it may receive testimony on the two items under
consideration only and not on the merits of any appeal which require the
filing of a Public Hearing. M/Lyons asked for Public Comments on the
agenda item only.
Rosemarie Rey, Unit 17K said that their appeal was filed on October 4th
and requested the proposed hearing date be moved back accordingly
because the Association will be uninsured on November 6th and mortgage
lenders will declare all loans in default due to lack of fire protection.
Qi Shackelford offered no comments regarding the items under
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NOVEMBER 2, 2021 PAGE 6 CITY COUNCIL
consideration.
CC/Santana acknowledged emails from the following individuals, copies of
which were forwarded to City Council Members on this date:
Amna Khan, Lincoln Watase, Lishin Wu, Nora C, Rosemarie Rey, Vincent
Zhang, Christopher Chan, John Conner, Melody Tiao, Purple Ng and
Brenda Tam, Stephanie Silliman, Vinod Kashup, Giovanni Velis, Judy
Chiang, John Spiridulias Jr. & Elizabeth M. Ynoquio, Paul Parmentier,
Julia Alarcon, Roger and Julia Li, Jieyi Li, David Christensen and Sheryl
Kempkes Christensen.
Speaking Telephonically:
Amna Khan asked the City to consider moving the appeal to an earlier
date.
Paul Parmentier said November 6th is a drop-dead date for property
owners because they will lose their insurance on that day.
Lishin Wu requested an earlier date for the Public Hearing.
Judy Chang, attorney and co-owner of Unit K5, said she is not available
on November 18th and requested that each of the 65 appeals be heard
separately.
Nora C. purchased her unit this year and it is not feasible for her to take
an entire day from her job.
Melanie Tao, Unit K10, requested the Public Hearing date be moved to a
date prior to the date of the insurance cancellation, November 6th.
Evelyn Ramos requested the Public Hearing date be moved to November
5th.
Stephanie Silliman, Unit K27, asked that the Public Hearing be moved to a
date prior to November 6th and asked if there was another location where
she could be heard.
M/Lyons closed Public Comments.
CA/DeBerry responded to speakers that with respect to the Public Hearing
date, under the Uniform Housing Code it is a 60-day appeal process and
no decision will be rendered the day of the hearing and a decision could
take a week or more. The logistics of holding 65 separate appeals would
likely be untenable and deferred to Mr. Van Doren, if and when
appropriate, to speak to how he has handled similar situations.
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MPT/Low asked if property owners are able to obtain updates on this
issue and CDD/Gubman stated that he has all of the appellants’ names
and email addresses with the exception of one email address for individual
notification.
M/Lyons moved, MPT/Low seconded, to set Thursday, November 18,
2021 at 9:00 a.m. in the Windmill Community Room as the date, time and
location to hear appeals of the Building Official’s Notice and Order to
Vacate The Village at Diamond Bar condominium complex and, Appoint
John C. Van Doren to serve as the hearing examiner for the matter, and
authorize the City Manager to execute an Agreement for Hearing Officer
Services with Mr. Van Doren. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for their presentations and Diamond Bar resident Billie
Furman who coordinated the generous donation of several hundred bags of
hygiene products for seniors and families in need, made possible by the Felix Y.
Manalo (FYM) Foundation, the charitable arm of the Iglesia N. Cristo (INC).
C/Liu said his heart goes out to the residents of the Diamond Bar Village and
hopes the matter will soon be resolved. He thanked staff for the presentations,
the community residents who provided a fun and safe Halloween, and
announced the Diamond Bar Community Foundation fundraiser, virtual run and
beer fest would be held on November 14th.
C/Tye hoped everyone would join together at the Diamond Bar Center on
November 10th from 9 to 11 a.m. to celebrate and thank Veterans.
MPT/Low invited everyone to attend the Veterans Day Celebration, welcomed
new Finance Director Jason Jacobsen, and asked everyone to focus on what
they are thankful for during this holiday season.
M/Lyons thanked PIM/Roa and her staff for a great State of the City event,
reported on her attendance at the Diwali event with MPT/Low and the
presentation of a proclamation to the American Hindu Federation for Hindu
Heritage Month. She wished everyone a happy Veterans Day, asked residents
to join in celebrating those who have served their country and showed photos of
efforts of the Diamond Bar crew to beautify the post office landscape.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
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NOVEMBER 2, 2021 PAGE 8 CITY COUNCIL
Regular City Council Meeting at 8:27 p.m. in memory of Duarte Mayor Bryan Urias.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 16th day of November, 2021.
__________________________
Nancy Lyons, Mayor
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Agenda #: 5.2
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED OCTOBER 27, 2021
THROUGH NOVEMBER 9, 2021 TOTALING $367,500.04.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $367,500.04.
BACKGROUND/DISCUSSION:
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.
The attached check register containing checks dated October 27, 2021 through
November 9, 2021 totaling $367,500.04 is being presented for ratification. All payments
have been made in compliance with the City’s purchasing policies and procedures, and
have been reviewed and approved by the appropriate departmental staff. The attached
Affidavit affirms that the check register has been audited and deemed accurate by the
Finance Director.
PREPARED BY:
5.2
Packet Pg. 18
REVIEWED BY:
Attachments:
1. 5.2.a Check Register Affidavit 11-16-2021
2. 5.2.b Check Register 11-16-2021
5.2
Packet Pg. 19
5.2.a
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3774 10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
207 21118 $8.31
10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
238 21118 $10.10
10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
239 21118 $10.10
10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
250 21118 $28.71
10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
206 21118 $71.29
10/29/2021 TASC FLEX SPENDING MEDICAL & CHILDCARE
10/29/2021
100 21118 $1,204.22
CHECK TOTAL $1,332.73
3775 10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
239 21109 $100.16
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
201 21109 $140.83
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
238 21109 $200.31
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
250 21109 $233.15
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
207 21109 $325.04
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
206 21109 $706.75
10/29/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 10/29/2021
100 21109 $11,691.48
CHECK TOTAL $13,397.72
3776 10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
239 21110 $145.37
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
238 21110 $222.53
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
201 21110 $393.38
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
207 21110 $775.83
5.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
250 21110 $1,028.31
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
206 21110 $1,099.38
10/29/2021 CALPERS PENSION CONTRIBUTION 10/9/21-
10/22/21 & 10/1-10/31
100 21110 $31,224.89
CHECK TOTAL $34,889.69
3777 11/9/2021 EXTERIOR PRODUCTS CORP RESTAURANT WEEK BANNERS 100150 54900 $6,500.00
11/9/2021 EXTERIOR PRODUCTS CORP RESTAURANT WEEK BANNERS 100150 54900 $34.00
11/9/2021 EXTERIOR PRODUCTS CORP AMERICAN FLAGS (VETERANS DAY) 100630 55505 $5,896.00
11/9/2021 EXTERIOR PRODUCTS CORP MILITARY BANNERS (NOV) 100520 55300 $2,777.16
CHECK TOTAL $15,207.16
3778 11/9/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (OCT) 100630 55505 $2,450.00
11/9/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (OCT) 100510 55505 $5,400.00
11/9/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (OCT) 100620 52320 $8,724.00
CHECK TOTAL $16,574.00
3779 11/9/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38,
39, 41 (OCT)
241641 55524 $4,922.61
11/9/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38,
39, 41 (OCT)
239639 55524 $12,173.54
11/9/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38,
39, 41 (OCT)
238638 55524 $14,806.30
CHECK TOTAL $31,902.45
3780 11/9/2021 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-SEPT
2021
100420 55100 $43,607.24
CHECK TOTAL $43,607.24
3781 11/9/2021 SOUTHERN CALIFORNIA EDISON 652 BREA CANYON ROAD (09.21.21 -
10.21.21)
238638 52210 $16.87
11/9/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA
CANYON/OAKCREST & VARIOUS
100655 52210 $173.83
11/9/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010
WASHINGTON
100655 52210 $87.77
11/9/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 2201 DBB PED TC-1 100655 52210 $65.00
5.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11/9/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566
GOLDEN SPRINGS
100655 52210 $234.95
11/9/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22000 PATHFINDER
& VARIOUS
100655 52210 $3,176.71
11/9/2021 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON ROAD
(09.22.21 - 10.21.21)
100630 52210 $74.41
11/9/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 (09.27.21 - 10.26.21) 241641 52210 $174.36
11/9/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 39 (09.27.21 - 10.26.21) 239639 52210 $296.92
11/9/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 38 (09.27.21 - 10.26.21) 238638 52210 $379.00
11/9/2021 SOUTHERN CALIFORNIA EDISON PARKS (09.27.21 - 10.26.21) 100630 52210 $9,667.26
11/9/2021 SOUTHERN CALIFORNIA EDISON 20671 GOLD. SP & 575 DBB (09.29.21 -
10.28.21)
238638 52210 $34.38
11/9/2021 SOUTHERN CALIFORNIA EDISON DIAMOND BAR CENTER (10.01.21 -
10.31.21)
100510 52210 $6,241.42
CHECK TOTAL $20,622.88
3782 11/9/2021 TENNIS ANYONE INC TENNIS INSTRUCTION SEPT/OCT FALL
SESSIONS
100520 55320 $18,176.76
CHECK TOTAL $18,176.76
3783 11/9/2021 US BANK P-CARD STATEMENT - OCTOBER 2021 999 28100 $13,523.28
CHECK TOTAL $13,523.28
3784 11/9/2021 WALNUT VALLEY WATER DISTRICT PARKS (SEP) 100630 52220 $27,753.51
11/9/2021 WALNUT VALLEY WATER DISTRICT CITY HALL (SEP) 100620 52220 $741.72
11/9/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (SEP) PT. 1 241641 52220 $33.58
11/9/2021 WALNUT VALLEY WATER DISTRICT DIAMOND BAR CENTER (SEP) 100510 52220 $415.39
11/9/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (SEP) 238638 52220 $13,605.48
11/9/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 39 (SEP) 239639 52220 $11,528.87
11/9/2021 WALNUT VALLEY WATER DISTRICT RECYCLED (SEP) 238638 52220 $1,922.25
11/9/2021 WALNUT VALLEY WATER DISTRICT PARKS PT. 2 (SEP) 100630 52220 $1,870.21
11/9/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (SEP. PT. 2) 241641 52220 $5,606.67
11/9/2021 WALNUT VALLEY WATER DISTRICT PARKS (SEP. PT. 3) 100630 52220 $2,390.31
CHECK TOTAL $65,867.99
5.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3785 11/9/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 39) 09.16.21
- 09.30.21
239639 55522 $1,788.50
11/9/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 38) 09.16.21
- 09.30.21
238638 55522 $3,025.20
11/9/2021 WEST COAST ARBORISTS INC CITYWIDE TREE MAINTENANCE (09.16.21
- 09.30.21)
100645 55522 $7,646.10
11/9/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (DISTRICT 39) 239639 55522 $97.10
CHECK TOTAL $12,556.90
3786 11/9/2021 AIRGAS INC HELIUM 100630 51200 $9.86
11/9/2021 AIRGAS INC HELIUM 100520 51200 $98.58
CHECK TOTAL $108.44
3787 11/9/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (OCT) 100630 52320 $70.00
11/9/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (OCT) 100510 52320 $105.00
11/9/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (OCT) 100620 52320 $120.00
CHECK TOTAL $295.00
3788 11/9/2021 NAILA ASAD BARLAS STIPEND-10/13/21 SPECIAL PC MTG 100410 52525 $65.00
CHECK TOTAL $65.00
3789 11/9/2021 ROBYN A BECKWITH PLANT MAINT DBC & HERITAGE (OCT) 100620 52320 $135.00
11/9/2021 ROBYN A BECKWITH PLANT MAINT DBC & HERITAGE (OCT) 100510 55300 $200.00
11/9/2021 ROBYN A BECKWITH PLANT MAINTENANCE FOR CITY HALL &
LIBRARY IN OCT
100620 52320 $432.00
CHECK TOTAL $767.00
3790 11/9/2021 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS -
FALL 2021
100520 55320 $360.00
CHECK TOTAL $360.00
3791 11/9/2021 KATHY BREAUX INSTRUCTOR PAYMENT - ART - FALL 2021 100520 55320 $197.40
CHECK TOTAL $197.40
3792 11/9/2021 BRIAN MARTINEZ PHOTOGRAPHY FOR SOTC 100240 52130 $700.00
CHECK TOTAL $700.00
3793 11/9/2021 CHEM PRO LABORATORY INC WATER TREATMENT - CITY HALL (OCT) 100620 52320 $155.00
5.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $155.00
3794 11/9/2021 CLEAR CHANNEL OUTDOOR
HOLDINGS, INC
DBRW BUS SHELTER ADS REVISED
INVOICE
100150 54900 $954.84
CHECK TOTAL $954.84
3795 11/9/2021 CODING MINDS INC INSTRUCTOR PAYMENT - COMPUTER -
FALL 2021
100520 55320 $240.00
CHECK TOTAL $240.00
3796 11/9/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE (LICENSE
#1533317)
502620 52312 $2,195.07
11/9/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE (2010 ESCAPE) 502620 52312 $114.54
CHECK TOTAL $2,309.61
3797 11/9/2021 CREATE & LEARN INC INSTRUCTOR PAYMENT - COMPUTER -
FALL 2021
100520 55320 $225.00
CHECK TOTAL $225.00
3798 11/9/2021 DAN CONTRACTOR CDBG HOME IMP CONSTRUCTION-370
BALLENA
225440 54900 $1,215.00
CHECK TOTAL $1,215.00
3799 11/9/2021 DAVID EVANS AND ASSOCIATES
INC
ON CALL LANDSCAPE PLAN CHECK
SVCS-8/29-9/25/21
100 22107 $582.50
11/9/2021 DAVID EVANS AND ASSOCIATES
INC
ON CALL LANDSCAPE PLAN CHECK
SVCS-8/29-9/25/21
100 22107 $812.50
CHECK TOTAL $1,395.00
3800 11/9/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL
MEETINGS IN OCT 2021
100140 54900 $300.00
CHECK TOTAL $300.00
3801 11/9/2021 DS SERVICES OF AMERICA INC BOTTLED WATER - OCTOBER DELIVERIES 100630 51200 $254.71
CHECK TOTAL $254.71
3802 11/9/2021 DUNN EDWARDS CORPORATION BUILDING MAINTENANCE 100630 52320 $213.20
CHECK TOTAL $213.20
3803 11/9/2021 ECOFERT INC FERTILIZER INJECTION SYSTEM -
OCTOBER
100630 52320 $1,150.00
CHECK TOTAL $1,150.00
3804 11/9/2021 GATEWAY CORP CENTER ASSOC CAPITAL CONTRIBUTION & ASSO. DUE
FOR NOV. 2021
100620 52400 $2,037.88
5.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $2,037.88
3805 11/9/2021 GRACE HU INSTRUCTOR PAYMENT - YOGA - FALL
2021
100520 55320 $352.80
CHECK TOTAL $352.80
3806 11/9/2021 HIMANSHU TANNA VIDEOGRAPHY FOR SOTC 100240 52130 $350.00
CHECK TOTAL $350.00
3807 11/9/2021 HODGMAN ENTERPRISES SOTC 21 POSTCARD MAILING 100240 52110 $2,234.98
CHECK TOTAL $2,234.98
3808 11/9/2021 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE 100620 52320 $12.41
11/9/2021 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE 100630 52320 $22.69
11/9/2021 HOME DEPOT CREDIT SERVICES BUILDING MAINTENANCE 100510 52320 $34.39
CHECK TOTAL $69.49
3809 11/9/2021 JCL TRAFFIC SERVICES ROAD MAINTENANCE SUPPLIES 100655 51250 $429.77
CHECK TOTAL $429.77
3810 11/9/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES IN
NOV 2021
100130 54900 $2,500.00
CHECK TOTAL $2,500.00
3811 11/9/2021 LA COUNTY DEPT OF
AGRICULTURE
COYOTE CONTROL SERVICES IN SEPT.
2021
100340 55410 $265.98
CHECK TOTAL $265.98
3812 11/9/2021 LIEBE SHERI-LYN INSTRUCTOR PAYMENT - FITNESS - FALL
2021
100520 55320 $384.00
CHECK TOTAL $384.00
3813 11/9/2021 LOS ANGELES COUNTY
DEVELOPMENT AUTH
CDBG REPAYMENT - 1300 SPRUCE TREE 225 48935 $7,616.00
CHECK TOTAL $7,616.00
3814 11/9/2021 LOS ANGELES COUNTY FIRE
DEPARTMENT
HAZARDOUS MATERIALS DISCLOSURE
PROGRAM
100620 52320 $411.00
CHECK TOTAL $411.00
3815 11/9/2021 LOWE'S BUSINESS ACCOUNT BUILDING MAINTENANCE (PARKS &
FACILITIES)
100630 52320 $186.94
CHECK TOTAL $186.94
5.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3816 11/9/2021 RICK RAYMOND MATTIE VIDEOGRAPHY FOR SOTC 100240 52130 $775.00
CHECK TOTAL $775.00
3817 11/9/2021 METROLINK METROLINK PASSES - OCT 2021 206650 55610 $968.10
11/9/2021 METROLINK METROLINK PASSES - OCT 2021 206650 55620 $3,872.40
CHECK TOTAL $4,840.50
3818 11/9/2021 MOBILE RELAY ASSOCIATES INC EMERGENCY PREPARDNESS REPEATER
SERVICES IN NOV
100350 52300 $78.75
CHECK TOTAL $78.75
3819 11/9/2021 MUNICIPAL CODE
CORPORATION
ELECTRONIC UPDATE FOR THE CODE 100140 54900 $896.75
CHECK TOTAL $896.75
3820 11/9/2021 MYERS & SONS HI-WAY SAFETY
INC
VEHICLE MAINTENANCE (PARKS &
FACILITIES)
502630 52312 $1,273.93
CHECK TOTAL $1,273.93
3821 11/9/2021 OFFICE SOLUTIONS OFFICE SUPPLIES 100220 51200 $58.30
11/9/2021 OFFICE SOLUTIONS DBC OFFICE SUPPLIES 100510 51200 $79.34
11/9/2021 OFFICE SOLUTIONS DBC OFFICE SUPPLIES 100510 51200 $43.33
11/9/2021 OFFICE SOLUTIONS DBC OFFICE SOLUTIONS 100510 51200 $11.32
11/9/2021 OFFICE SOLUTIONS SUPPLIES - COVID/CITY MANAGER 106130 51200 $1,301.73
CHECK TOTAL $1,494.02
3822 11/9/2021 ONE TIME PAY VENDOR AILEEN PARK PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3823 11/9/2021 ONE TIME PAY VENDOR AMBER CUI PHOTO CONTEST WINNER 100240 52130 $50.00
11/9/2021 ONE TIME PAY VENDOR AMBER CUI PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $150.00
3824 11/9/2021 ONE TIME PAY VENDOR ANKUSH SAHGAL PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3825 11/9/2021 ONE TIME PAY VENDOR ANUSHKA RANE PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3826 11/9/2021 ONE TIME PAY VENDOR ARUN DUTT RENTAL DEPOSIT REFUND 100 20202 $1,727.50
5.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $1,727.50
3827 11/9/2021 ONE TIME PAY VENDOR CAITLYN CUI PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3828 11/9/2021 ONE TIME PAY VENDOR CAMILLE TORRES RENTAL DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3829 11/9/2021 ONE TIME PAY VENDOR CECILIA GALLEGOS CLEANING DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3830 11/9/2021 ONE TIME PAY VENDOR CHRISTINE CHU CLEANING DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3831 11/9/2021 ONE TIME PAY VENDOR DIAMOND BAR
COMMUNITY LEO CLUB
CLEANING DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3832 11/9/2021 ONE TIME PAY VENDOR IRENE TU PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3833 11/9/2021 ONE TIME PAY VENDOR JEREMY HAN PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3834 11/9/2021 ONE TIME PAY VENDOR JEREMY HAN PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3835 11/9/2021 ONE TIME PAY VENDOR JOE ADEA PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3836 11/9/2021 ONE TIME PAY VENDOR JOE NAKASHI PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3837 11/9/2021 ONE TIME PAY VENDOR KEITH MURAMOTO PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3838 11/9/2021 ONE TIME PAY VENDOR MANGAL SINGH
GULSHAN
RENTAL DEPOSIT REFUND 100 20202 $1,020.25
CHECK TOTAL $1,020.25
3839 11/9/2021 ONE TIME PAY VENDOR MARLENE GONZALEZ PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
5.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3840 11/9/2021 ONE TIME PAY VENDOR MARTINA MERCADO RENTAL DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3841 11/9/2021 ONE TIME PAY VENDOR NICOLE SARABIA PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3842 11/9/2021 ONE TIME PAY VENDOR RICHARD WEISER PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3843 11/9/2021 ONE TIME PAY VENDOR ROOHI SHAH RENTAL DEPOSIT REFUND 100 20202 $500.00
CHECK TOTAL $500.00
3844 11/9/2021 ONE TIME PAY VENDOR SALVADORIO SOLORIO PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3845 11/9/2021 ONE TIME PAY VENDOR SANDRA PINEDO RENTAL DEPOSIT REFUND 100 20202 $1,258.08
CHECK TOTAL $1,258.08
3846 11/9/2021 ONE TIME PAY VENDOR SHIHOKO KANEMOTO PHOTO CONTEST WINNER 100240 52130 $100.00
CHECK TOTAL $100.00
3847 11/9/2021 ONE TIME PAY VENDOR VIVIAN FEARS PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3848 11/9/2021 ONE TIME PAY VENDOR WILLIAM CHIU PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3849 11/9/2021 ONE TIME PAY VENDOR JOE ADEA PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3850 11/9/2021 ONE TIME PAY VENDOR KEITH MURAMOTO PHOTO CONTEST WINNER 100240 52130 $50.00
CHECK TOTAL $50.00
3851 11/9/2021 ONE TIME PAY VENDOR KEITH MURAMOTO PHOTO CONTEST WINNER 100240 52130 $150.00
CHECK TOTAL $150.00
3852 11/9/2021 PROTECTION ONE INC BURGLAR ALARM - CITY HALL (11.29.21 -
12.28.21)
100620 52320 $35.13
CHECK TOTAL $35.13
3853 11/9/2021 PYRO COMM SYSTEMS INC DBC SERVICE CALL 100510 52320 $25.00
5.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11/9/2021 PYRO COMM SYSTEMS INC FIRE ALARM MONITORING - DBC
(11.01.21 - 01.31.22)
100510 52320 $135.00
CHECK TOTAL $160.00
3854 11/9/2021 QUINN RENTAL SERVICES EQUIPMENT RENTAL (PANTERA PARK) 100630 52300 $500.69
CHECK TOTAL $500.69
3855 11/9/2021 RAYMOND WALTER WOLFE STIPEND-10/13/21 SPECIAL PC MTG 100410 52525 $65.00
CHECK TOTAL $65.00
3856 11/9/2021 JAIME CASAS USED OIL FILTER EXCHANGE GRANT
DIGITAL AD
253180 52160 $1,000.00
11/9/2021 JAIME CASAS USED OIL FILTER EXCHANGE GRANT
DIGITAL AD
253180 54900 $3,000.00
CHECK TOTAL $4,000.00
3857 11/9/2021 ROTO-ROOTER SERVICES
COMPANY
BUILDING MAINTENANCE (HERITAGE
PARK COMM CTR)
100630 52320 $1,160.74
CHECK TOTAL $1,160.74
3858 11/9/2021 SC FUELS FLEET VEHICLE FUEL 502130 52330 $43.89
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502430 52330 $154.00
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502630 52330 $784.67
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502655 52330 $785.15
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502430 52330 $95.99
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502130 52330 $96.04
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502620 52330 $144.42
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502655 52330 $351.13
11/9/2021 SC FUELS FLEET VEHICLE FUEL 502630 52330 $555.95
CHECK TOTAL $3,011.24
3859 11/9/2021 SOUTHERN CALIFORNIA
SHREDDING INC
PUBLIC SHREDDING EVENT OCT 9 250170 55000 $700.00
CHECK TOTAL $700.00
3860 11/9/2021 STAY GREEN INC LANDSCAPE MAINTENANCE (OCT) 100620 52320 $1,053.00
CHECK TOTAL $1,053.00
3861 11/9/2021 THE CITY OF DIAMOND BAR
COMMUNITY FOUNDATION
BEERFEST SPONSORSHIP - 2 SCHOONER
LEVELS
101110 52600 $500.00
5.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $500.00
3862 11/9/2021 THE GAS COMPANY DIAMOND BAR CENTER (09.14.21 -
10.15.21)
100510 52215 $133.73
CHECK TOTAL $133.73
3863 11/9/2021 THE RAPTOR SPORTS SCHOOL
INC
INSTRUCTOR PAYMENTS - SWIM - FALL
2021
100520 55320 $960.00
CHECK TOTAL $960.00
3864 11/9/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD PUBLISHED ON OCT 1, 2021 100140 52160 $422.00
11/9/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-PC MTG 11/9/21-2244
INDIAN CREEK RD
100 22107 $680.00
11/9/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-PC MTG 11/9/21-2432
INDIAN CREEK
100 22107 $687.50
11/9/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-11/9/21 PC MTG-2631
ROCKY TRAIL
100 22107 $635.00
CHECK TOTAL $2,424.50
3865 11/9/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (PANTERA PARK) 100630 52320 $779.00
CHECK TOTAL $779.00
3866 11/9/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (HERITAGE PARK) 100630 52320 $2,386.75
CHECK TOTAL $2,386.75
3867 11/9/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (DIAMOND BAR
CENTER)
100510 52320 $4,665.50
CHECK TOTAL $4,665.50
3868 11/9/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (CITY HALL) 100620 52320 $3,970.00
CHECK TOTAL $3,970.00
3869 11/9/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE - PUBLIC
WORKS
502655 52312 $226.79
11/9/2021 TUCKER TIRE COMPANY INC VEHICLE MAINTENANCE - PUBLIC
WORKS
502630 52312 $1,473.93
CHECK TOTAL $1,700.72
3870 11/9/2021 UNITED SITE SERVICES OF
CALIFORNIA INC
RESTROOM RENTALS FOR RECREATION 100520 52300 $1,216.37
11/9/2021 UNITED SITE SERVICES OF
CALIFORNIA INC
RESTROOM RENTALS FOR RECREATION 100520 52300 $1,216.37
5.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
11/9/2021 UNITED SITE SERVICES OF
CALIFORNIA INC
RESTROOM RENTALS FOR RECREATION 100520 52300 $1,216.37
11/9/2021 UNITED SITE SERVICES OF
CALIFORNIA INC
RESTROOM RENTALS FOR RECREATION 100520 52300 $959.04
CHECK TOTAL $4,608.15
3871 11/9/2021 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - FALL
2021
100520 55320 $117.60
CHECK TOTAL $117.60
3872 11/9/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $858.80
11/9/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $989.81
11/9/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $299.20
11/9/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $83.70
11/9/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $68.89
CHECK TOTAL $2,300.40
3873 11/9/2021 WILLIAM AUSTIN RAWLINGS STIPEND-10/13/21 SPECIAL PC MTG 100410 52525 $65.00
CHECK TOTAL $65.00
3874 11/9/2021 WILSON FIALLOS INSTRUCTOR PAYMENT - BASKETBALL -
FALL 2021
100520 55320 $621.00
CHECK TOTAL $621.00
3875 11/9/2021 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LIC #1532960) 502620 52312 $68.99
11/9/2021 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LICENSE
#1338160)
502620 52312 $45.28
CHECK TOTAL $114.27
GRAND TOTAL $367,500.04
5.2.b
Packet Pg. 32
Agenda #: 5.3
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM PER CAPITA GRANT FOR PANTERA
PARK.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2021-52, approving the filing of a Statewide Park Development
and Community Revitalization Per Capita Grant Application for Pantera Park, and
authorizing the City Manager, or designee, to execute and submit all documents
necessary to submit an application, accept, administer and expend the grant funding.
FINANCIAL IMPACT:
The Statewide Park Development and Community Revitalization (Proposition 68) Per
Capita Grant Program funds can be used to fund renovation and rehabilitation of
existing parks and amenities. The City’s Pantera Park Renovation Project is estimated
to cost $270,000, with Per Capita funds contributing $213,071 towards the project. The
Per Capita Program requires a 20% match, which is estimated at $56,929 and will be
designated under the general fund. Under the terms of the Per Capita Grant, the City is
required to pay for all project related expenditures up front, and submit a reimbursement
request to State Parks upon project completion, which can be no later than March 2024.
If the grant application is approved, funding authorization would be included in the
upcoming Fiscal Year 2022-23 operating budget.
BACKGROUND:
The City has been evaluating outside funding sources to renovate existing park
amenities throughout the City of Diamond Bar. The Statewide Per Capita Program
provides an opportunity to renovate the Pantera Park basketball courts, tennis courts
and privacy screens, and upgrade park and parking lot lighting and controllers with new
LED fixtures and computer based technology.
5.3
Packet Pg. 33
DISCUSSION:
City Public Works staff have estimated the Pantera Park Renovation Project to include
the following:
1. Tennis and Basketball Courts Restoration
• Tennis courts – Two (2)
• Basketball Courts – Three (3)
• Estimated cost $211,000
2. Parking Lot LED & Lighting Control Upgrades
• Parking lot light fixtures to be upgraded to LED – 22
• Park wide lighting control upgrade
• Estimated cost $39,000
3. Design (Plans & Specs) – Estimated Cost $20,000
Total Estimated Project Cost $270,000
The anticipated project cost is $270,000, with estimated Per Capita funding of
$213,071. There is a 20% City match that is estimated at $56,929 and will be funded
out the general fund. Should the Council approve the attached Resolution, City staff will
submit the required grant application and supporting documentation to State Parks. It is
anticipated the review and approval process will take approximately six months, at
which point the City will receive an official grant award and agreement. If the City’s
grant application is approved, the grant contract will be executed by the City Manager.
However, no work will commence on the project until funding is approved by State
Parks and funding is authorized in the upcoming Fiscal Year 2022-23 operating budget.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
5.3
Packet Pg. 34
REVIEWED BY:
Attachments:
1. 5.3.a Resolution No. 2021-52 - Pantera Park
2. 5.3.b Diamond Bar Prop 68 Per Capita Allocations
3. 5.3.c Pantera Park Application
5.3
Packet Pg. 35
RESOLUTION NO. 2021-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE APPLICATION FOR PER CAPITA GRANT FUNDS.
WHEREAS, the State Department of Parks and Recreation has been
delegated the responsibility by the Legislature of the State of California for the
administration of the Per Capita Grant Program, setting up necessary procedures
governing the application; and
WHEREAS, said procedures established by the State Department of Parks
and Recreation require the grantee’s Governing Body to certify by resolution the
approval of the project application before submission of said application to the
State; and
WHEREAS, the grantee will enter into a contract with the State of California
to complete the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar hereby:
1. Approves the filing of project application for Per Capita Program Grant
project at Pantera Park, 738 Pantera Drive.
2. Certifies that said grantee has or will have available, prior to
commencement of any work utilizing Per Capita funding, sufficient funds to
complete the project; and
3. Certifies that the grantee has or will have sufficient funds to operate and
maintain the project, and
4. Certifies that all projects proposed will be consistent with the park and
recreation element of the City of Diamond Bar general or recreation plan
(PRC §80063(a)), and
5. Certifies that these funds will be used to supplement, not supplant, local
revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor
Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the
“Presidential Memorandum--Promoting Diversity and Inclusion in Our
National Parks, National Forests, and Other Public Lands and Waters,”
dated January 12, 2017, the City of Diamond Bar will consider a range of
actions that include, but are not limited to, the following:
A. Conducting active outreach to diverse populations, particularly
minority, low-income, and disabled populations and tribal
5.3.a
Packet Pg. 36
Resolution No. 2021-52
2
communities, to increase awareness within those communities and
the public generally about specific programs and opportunities.
B. Mentoring new environmental, outdoor recreation, and conservation
leaders to increase diverse representation across these areas.
C. Creating new partnerships with state, local, tribal, private, and
nonprofit organizations to expand access for diverse populations.
D. Identifying and implementing improvements to existing programs to
increase visitation and access by diverse populations, particularly
minority, low-income, and disabled populations and tribal
communities.
E. Expanding the use of multilingual and culturally appropriate materials
in public communications and educational strategies, including
through social media strategies, as appropriate, that target diverse
populations.
F. Developing or expanding coordinated efforts to promote youth
engagement and empowerment, including fostering new
partnerships with diversity-serving and youth-serving organizations,
urban areas, and programs.
G. Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce
education and training, contractor and job opportunities for disadvantaged
communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise
available to be spent on parks or other projects eligible for funds under this
division in its jurisdiction. A one-time allocation of other funding that has
been expended for parks or other projects, but which is not available on an
ongoing basis, shall not be considered when calculating a recipient’s annual
expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the
General Provisions contained in the contract shown in the Procedural
Guide; and
11. Delegates the authority to the City Manager to conduct all negotiations, sign
and submit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be
necessary for the completion of the grant scope; and
12. Agrees to comply with all applicable federal, state and local laws,
ordinances, rules, regulations and guidelines.
5.3.a
Packet Pg. 37
Resolution No. 2021-52
3
PASSED, APPROVED AND ADOPTED this 16th day of November, 2021.
CITY OF DIAMOND BAR:
____________________________
Nancy Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 16th day of November, 2021, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
5.3.a
Packet Pg. 38
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act
of 2018 - Per Capita Grant Program
Page 6 of 28 July 1, 2020
County Jurisdiction Allocation
Lassen Leavitt Lake CSD $ 177,952
Lassen Westwood CSD $ 177,952
Los Angeles City of Alhambra $ 177,952
Los Angeles City of Arcadia $ 177,952
Los Angeles City of Artesia $ 177,952
Los Angeles City of Avalon $ 177,952
Los Angeles City of Azusa $ 177,952
Los Angeles City of Baldwin Park $ 177,952
Los Angeles City of Bell $ 177,952
Los Angeles City of Bell Gardens $ 177,952
Los Angeles City of Bellflower $ 177,952
Los Angeles City of Beverly Hills $ 177,952
Los Angeles City of Bradbury $ 177,952
Los Angeles City of Burbank $ 177,952
Los Angeles City of Calabasas $ 177,952
Los Angeles City of Carson $ 177,952
Los Angeles City of Cerritos $ 177,952
Los Angeles City of Claremont $ 177,952
Los Angeles City of Commerce $ 177,952
Los Angeles City of Compton $ 177,952
Los Angeles City of Covina $ 177,952
Los Angeles City of Cudahy $ 177,952
Los Angeles City of Culver City $ 177,952
Los Angeles City of Diamond Bar $ 177,952
Los Angeles City of Downey $ 177,952
Los Angeles City of Duarte $ 177,952
Los Angeles City of El Monte $ 177,952
Los Angeles City of El Segundo $ 177,952
Los Angeles City of Gardena $ 177,952
Los Angeles City of Glendale $ 177,952
Los Angeles City of Glendora $ 177,952
Los Angeles City of Hawaiian Gardens $ 177,952
Los Angeles City of Hawthorne $ 177,952
Los Angeles City of Hermosa Beach $ 177,952
Los Angeles City of Hidden Hills $ 177,952
Los Angeles City of Huntington Park $ 177,952
Los Angeles City of Inglewood $ 177,952
Los Angeles City of Irwindale $ 177,952
5.3.b
Packet Pg. 39
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor
Access for All Act of 2018 - Per Capita Grant Program
Page 21 of 28 July 1, 2020
County Jurisdiction Allocation
Kern Stallion Springs CSD $ 2,445
Kern Tehachapi Valley RPD $ 12,224
Kern Wasco RPD $ 15,547
Kern West Side RPD $ 6,571
Los Angeles City of Alhambra $ 52,193
Los Angeles City of Arcadia $ 35,544
Los Angeles City of Artesia $ 10,341
Los Angeles City of Avalon $ 2,322
Los Angeles City of Azusa $ 30,533
Los Angeles City of Baldwin Park $ 46,336
Los Angeles City of Bell $ 21,967
Los Angeles City of Bell Gardens $ 26,126
Los Angeles City of Bellflower $ 47,860
Los Angeles City of Beverly Hills $ 20,957
Los Angeles City of Bradbury $ 703
Los Angeles City of Burbank $ 65,488
Los Angeles City of Calabasas $ 14,792
Los Angeles City of Carson $ 57,209
Los Angeles City of Cerritos $ 26,525
Los Angeles City of Claremont $ 22,275
Los Angeles City of Commerce $ 7,828
Los Angeles City of Compton $ 61,118
Los Angeles City of Covina $ 29,872
Los Angeles City of Cudahy $ 14,728
Los Angeles City of Culver City $ 24,553
Los Angeles City of Diamond Bar $ 35,119
Los Angeles City of Downey $ 68,617
Los Angeles City of Duarte $ 13,357
Los Angeles City of El Monte $ 70,964
Los Angeles City of El Segundo $ 10,135
Los Angeles City of Gardena $ 37,151
Los Angeles City of Glendora $ 31,254
Los Angeles City of Hawaiian Gardens $ 8,841
Los Angeles City of Hawthorne $ 53,804
Los Angeles City of Hermosa Beach $ 11,897
Los Angeles City of Hidden Hills $ 1,100
Los Angeles City of Huntington Park $ 36,274
Los Angeles City of Inglewood $ 68,788
5.3.b
Packet Pg. 40
12
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS
where PROJECT is located including zip code
(substitute latitude and longitude where no street
address is available)
MATCH AMOUNT (if project is not serving
a severely disadvantaged community)
$
LAND TENURE (; all that apply)
Owned in fee simple by GRANTEE
Available (or will be available) under
a ( ) year lease or easement
NEAREST CROSS STREET
Project Type (Check one) Acquisition܆ Development X
COUNTY OF PROJECT LOCATION
GRANTEE NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended
use of the requested GRANT to complete the items listed in the attached Development
PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of
perjury, under the laws of the State of California, that the information contained in this
APPLICATION PACKET, including required attachments, is accurate.
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name:
Title:
5.3.c
Packet Pg. 41
19
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: _________________________ Project Name: _______________________
Development project scope (Describe the PROJECT in 30 words or less):
Project Scope Items - ;; all that apply:
Install
new
Renovate
existing
Replace
existing Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
Landscaping or irrigation
Group picnic, outdoor classrooms, other gathering spaces
Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
Community center, gym, other indoor facilities
Restroom, concession stand
Other:________________________________________
Other:________________________________________
Minor elements which support one or more of the recreation
elements checked above: benches, lighting, parking, signage, etc. Total estimated cost for construction: $
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design,
permits, bid packages, CEQA); up to 25% of total project cost. $
Total PROJECT cost: $
Subtract GRANTEE match if not in severely disadvantaged community (20% of
total PROJECT Cost)
$ -
Total PROJECT amount requested:
$
The GRANTEE understands that all elements listed on this form must be complete and open to the
public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
5.3.c
Packet Pg. 42
City of Diamond Bar – Pantera Park
PANTERA PARK PROJECT SITE PHOTOGRAPHS
1. Photographs of the Pantera Park basketball courts. Renovation of the three basketball courts
adjacent to the tennis courts.
5.3.c
Packet Pg. 43
City of Diamond Bar – Pantera Park
2. Photographs of the tennis courts. Renovation of the two tennis courts and replacement of the
privacy screens adjacent to the basketball courts.
5.3.c
Packet Pg. 44
City of Diamond Bar – Pantera Park
3. Photograph of parking lot lighting. Renovation of existing parking lot lighting and remaining court
lighting to LED technology, along with new computer based controllers to allow for off-site system
monitoring and control.
5.3.c
Packet Pg. 45
Agenda #: 5.4
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: REIMBURSEMENT AGREEMENT WITH THE TRES HERMANOS
CONSERVATION AUTHORITY FOR PROPERTY MAINTENANCE
SERVICES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Reimbursement Agreement for property
maintenance services with the Tres Hermanos Conservation Authority.
FINANCIAL IMPACT:
None. Any expenses subject to the Reimbursement Agreement would be a budgeted
expense subject to reimbursement by the Tres Hermanos Conservation Authority.
BACKGROUND/DISCUSSION
As part of the on-going property maintenance responsibilities of the Tres Hermanos
Ranch, the Tres Hermanos Conservation Authority (Authority) which the City is a
Member of, has utilized the services of Los Angeles County for weed abatement and
pest management services. These services have been provided through the City of
Industry’s General Services Agreement (GSA) with LA County. The Authority has then
reimbursed Industry for the services that have been performed on behalf of the
Authority.
Authority Staff has researched the possibility of entering into a GSA directly with Los
Angeles County for the needed property maintenance services. However, it appears
that they are precluded from doing such by their Charter and can only enter into
Agreement with other cities.
Both the City of Industry and Diamond Bar have GSAs with Los Angeles County.
Absent a formal Agreement with LA County, the proposed Reimbursement Agreement
5.4
Packet Pg. 46
would provide clarity, flexibility and authority for Diamond Bar to be reimbursed for any
costs incurred for property maintenance services that were rendered to the Authority
through the City’s GSA. The City of Industry will be considering a similar
Reimbursement Agreement separately.
Any property maintenance services to be provided through the Diamond Bar GSA would
require both City budget approval, as well as Authority budget approval, and a scope of
work to be approved prior to commencing any services.
At their meeting on October 25, 2021, the Authority approved the Reimbursement
Agreements. Therefore, it is recommended that the City Council approve, and
authorize the Mayor to sign, the Reimbursement Agreement with the Tres Hermanos
Conservation Authority.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Reimbursement Agreement as to
form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.4.a REIMBURSEMENT AGREEMENT - THCA APPROVED
5.4
Packet Pg. 47
1
REIMBURSEMENT AGREEMENT FOR PAYMENT OF PROPERTY MAINTENANCE
SERVICES
THIS REIMBURSEMENT AGREEMENT FOR PAYMENT OF PROPERTY
MAINTENANCE SERVICES (this “Agreement”), dated _______________, 2021 (the
“Effective Date”), is between the CITY OF DIAMOND BAR (“CITY”) and the TRES
HERMANOS CONSERVATION AUTHORITY, a joint powers authority (“AUTHORITY”),
who are referred collectively herein as the “Parties”.
BACKGROUND
A. The AUTHORITY owns approximately 2,445 acres known as the Tres
Hermanos Ranch, which requires a variety of property maintenance services, including
but not limited to, weed abatement and pest control services (“Services”), which pursuant
to Section 4.1 of the Amended and Restated Joint Powers Agreement (JPA) are to be
shared equally amongst its Members.
B. The County of Los Angeles (COUNTY) provides such Services to cities
located within Los Angeles County upon entering into a General Services Agreement
(GSA).
C. COUNTY has informed AUTHORITY that it is precluded by its charter from
entering into a GSA with AUTHORITY for performance of the Services, but is permitted
to enter into such a contract with CITY.
D. CITY has separately entered into a GSA with COUNTY to provide similar
property maintenance services.
E. CITY is a member of AUTHORITY joint powers authority.
F. For the convenience of the AUTHORITY, CITY has expressed its
willingness to contract with COUNTY under CITY’S GSA which COUNTY will perform the
Services and CITY will pay COUNTY for such Services (the “Services Contract”);
provided that CITY is reimbursed in full by AUTHORITY for payments made to COUNTY
under the Services Contract.
G. AUTHORITY is willing to reimburse CITY for all such costs.
AGREEMENT
In consideration of which, and the other considerations hereinafter set forth, it is
mutually agreed as follows:
5.4.a
Packet Pg. 48
2
1. CITY and COUNTY Contract. CITY agrees to enter into a Services Contract
with COUNTY to perform the Services. Prior to entering into the Services Contract, CITY
shall coordinate with AUTHORITY to define the scope of the Services to be performed
and the price paid to the COUNTY thereunder. AUTHORITY shall provide CITY with its
written approval of the Services Contract prior to CITY’s execution thereof.
2. Reimbursement for the Services Contract. CITY shall be entitled to
reimbursement for all payments made under the Services Contract for Services provided
on the AUTHORITY’S behalf. CITY shall submit an invoice for any payments made under
the Services Contract to the AUTHORITY, along with a copy of the COUNTY invoice for
which it is being reimbursed. AUTHORITY shall pay such invoice within 30 days of
receipt.
3. Notice. Any notice either Party may or is required to give the other shall be
in writing, and shall be either personally delivered or sent by registered or certified mail,
return receipt requested. If by mail, service shall be deemed to have been received by
such Party at the time the notice is delivered to the following addresses:
To CITY: City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attn: City Manager
To AUTHORITY: Tres Hermanos Conservation Authority
C/O Chino Hills City Clerk
14000 City Center Dr
Chino Hills, CA 91709
Attn: Executive Director
4. Termination.
a. Unless otherwise agreed to by the Parties by way of a written
amendment, this Agreement shall expire on its own terms upon the same date that the
GSA between the COUNTY and CITY terminates, no matter the reason. AUTHORITY
shall reimburse CITY for any outstanding authorized costs incurred for Services provided
up to the effective date of the terminated GSA.
b. CITY or AUTHORITY may terminate this Agreement at any time by
providing 30-day notice to the other Party. AUTHORITY shall reimburse CITY for any
outstanding authorized costs incurred for Services provided up to the effective date of the
termination.
5. Miscellaneous.
a. This Agreement constitutes the entire agreement between the
Parties hereto with respect to the subject matter of this Agreement and may not be
modified except by an instrument in writing signed by the party to be bound thereby.
5.4.a
Packet Pg. 49
3
b. This Agreement shall extend to and be binding upon the legal
representatives, heirs, executors, administrators and the permitted assigns of the Parties
hereto. It is understood and agreed by and between the Parties hereto that this
Agreement inures to the benefit of, and is binding on, the Parties, their respective heirs,
personal representatives, subsequent purchasers, successors, and/or assignees.
c. If any term or provision of this Agreement shall be held to be invalid
or unenforceable, the remainder of the Agreement shall remain in full force and effect.
d. Each individual executing this Agreement on behalf of an entity
represents and warrants that he or she has been authorized to do so by the entity on
whose behalf he or she executes this Agreement and that said entity will thereby be
obligated to perform the terms of this Agreement.
e. This Agreement may be executed in counterparts, including by
facsimile and/or e-mail, each of which so executed shall, irrespective of the date of its
execution and delivery, be deemed an original, and all such counterparts together shall
constitute one and the same instrument.
f. AUTHORITY agrees to defend, indemnify and hold harmless CITY,
its officers, agents, and employees from and against any claims, causes of action, suits,
losses or liabilities (“Claims”) including without limitation, reasonable attorneys’ fees and
other costs of litigation, of every nature arising of or in connection with the Services
Contract, save and except those Claims which arise out of CITY’s own active negligence
or willful misconduct. This indemnity provision shall survive termination of the Agreement.
In Witness Whereof, the Parties have executed this Agreement the day and year
set forth above.
CITY: AUTHORITY:
CITY OF DIAMOND BAR TRES HERMANOS
CONSERVATION AUTHORITY
By: _______________________ By: _______________________
Nancy A. Lyons, Mayor Ray Marquez, Chair
ATTEST: ATTEST:
By: _______________________ By: _______________________
Kristina Santana, Kristina Santana,
City Clerk Authority Secretary
5.4.a
Packet Pg. 50
4
Approved as to form: Approved as to form:
By: _______________________ By: _______________________
David DeBerry Tracy J. Egoscue
City Attorney Authority General Counsel
5.4.a
Packet Pg. 51
Agenda #: 5.5
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CANCELLATION OF JANUARY 4, 2022 CITY COUNCIL MEETING
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adjourn the December 21, 2021 City Council meeting to January 18, 2022.
FINANCIAL IMPACT:
None.
BACKGROUND:
It has been suggested that the Council consider the cancellation of the City Council
Meeting scheduled for January 4, 2022. There will be no pressing matters or public
hearings scheduled and therefore adjourning the meeting will not cause the City any
hardship.
Should the City Council concur, it is recommended that the Mayor, at the end of the
December 21, 2021 City Council Meeting, adjourn said Council meeting to January 18,
2022.
PREPARED BY:
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REVIEWED BY:
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Agenda #: 6.1
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ESTABLISHMENT OF THE BREA CANYON ROAD UNDERGROUND
UTILITY DISTRICT.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Receive presentation, open Public Hearing to receive testimony, close Public Hearing,
discuss, and adopt Resolution No. 2021-53 establishing the Brea Canyon Road
Underground Utility District.
FINANCIAL IMPACT:
None. the City currently has a work credit balance of $1,593,642 under the Southern
California Edison Rule 20A Program. The proposed utility undergrounding project is
roughly estimated to cost $1,592,222 expressed in 2023 dollars, and will be fully funded
by the available work credit.
BACKGROUND:
The City Council has adopted a general enabling ordinance (Ordinance No. 1989-14),
making it possible for the City to proceed with the creation of an Underground Utility
District (UUD) by adopting a resolution.
On October 5, 2021, the City Council adopted Resolution No. 2021-46, setting a Public
Hearing to determine whether the public necessity, health, safety, or welfare requires
the formation of an UUD on Brea Canyon Road Between Cool Springs Drive and Cold
Spring Lane, and directing staff to advertise the Public Hearing before the City Council
at the November 16, 2021 Regular Meeting.
Advertisement for the Public Hearing was published in a local newspaper and was
mailed along with a notice to the affected properties more than ten days prior to
tonight’s Council Meeting.
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The utility lines undergrounding project on Brea Canyon Road Between Cool Springs
Drive and Cold Spring Lane (Project) is estimated by Southern Californa Edison (SCE)
to cost $1,592,222. SCE recently issued a letter to the City approving the Project's cost
estimate (Attachment 2). Per SCE, the earliest anticipated time to schedule the
construction work on the Project is in 2023.
ANALYSIS:
Before the Project can enter its subsequent phases of design, easement acquisition,
and construction, an UUD, namely the Brea Canyon Road UUD, has to be formed after
a Public Hearing.
After the City Council approves the attached Resolution, it will be submitted to SCE to
activate the City's Rule 20A Program. That action will secure the City's work credit to be
used for the Brean Canyon Road UUD. Staff will be working with SCE in the following
months to develop/implement the Project.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.1.a Resolution No. 2021-53
2. 6.1.b SCE Letter of Approval
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RESOLUTION NO. 2021-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DETERMINING THAT UNDERGROUDING IN THE SPECIFIED
AREA IS IN THE GENERAL PUBLIC INTEREST AND ESTABLISHING
THE BREA CANYON ROAD UNDERGROUND UTILITY DISTRICT
BETWEEN COOL SPRINGS DRIVE AND COLD SPRING LANE.
WHEREAS, Diamond Bar Municipal Code, Title 13, UTILITIES; Division 1, Section
13.04.030, as duly adopted by the City Council of the City of Diamond Bar, provides
procedures and regulations for underground utility districts; and
WHEREAS, by Resolution No. 2021-46, a public hearing was called for November
16, 2021, at 6:30 p.m. in the Windmill Community Room at City Hall, 21810 Copley Drive,
Diamond Bar, California, to ascertain whether the public necessity, safety, health, or
welfare requires removal of poles, overhead wires, and associates overhead structures
and the underground installation of wires and facilities for supplying electric,
communication, or similar or associated service on Brea Canyon Road in the area
specified; and
WHEREAS, notice of such hearing was given to all affected property owners as
shown on the last equalized assessment roll and utilities concerned in the manner and
for the time required by law; and
WHEREAS, notice of such hearing was published in the manner and for the time
required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. Undergrounding, in the specified area, is in the general public
interest for its health, safety, and welfare as:
(a) Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead electric and communication facilities; and
(b) The street or road or right of way is extensively used by the general
public and carries a heavy volume of pedestrian or vehicular traffic.
Section 2. The City Council hereby finds and determines that the
undergrounding identified above in this Resolution is categorically exempt from the
requirement of the California Environmental Quality Act of 1970, as amended, and
guidelines promulgated thereunder, pursuant to Section 15302, Class 2 of Division 6 of
Title 14 of the California Code of Regulations.
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Resolution No. 2021-53
Section 3. The following specified area, and as shown in Exhibit “A”, shall constitute
and be known as the Brea Canyon Road Underground Utility District:
That portion of the Brea Canyon Road, in the City of Diamond Bar, County
of Los Angeles, State of California, bounded northwesterly by the centerline
of said Brea Canyon Road as shown on Tract Map No. 25991 recorded in
Book 702 pages 16 through 21 of maps in the office of the County Recorder
of said County, bounded southwesterly by a line perpendicular to said
centerline and passing through the BC at the southeasterly corner of Cool
Springs Drive and Brea Canyon Road as shown on said Tract, bounded
southeasterly by the southeasterly right-of-way of Brea Canyon Road as it
now exists and bounded northeasterly by a line perpendicular to the
centerline of said Brea Canyon Road and passing through the EC at the
northeasterly corner of Cold Springs Lane and Brea Canyon Road as shown
on Tract No. 25985 recorded in Book 678 pages 63 through 65 of maps in
the office of the County Recorder of said County.
Section 4. The following exceptions are incorporated in the Brea Canyon
Road Underground Utility District:
(a) Poles and pedestals for fire alarm boxes, street lights, traffic
signals, and the like installed and maintained by or for the City.
(b) Air vents, meters, cabinets containing electronic devices, and
cabinets for connection points determined by the Public
Works Director/City Engineer to be necessary for service
continuity and not feasible for underground location, subject
to approval by the Director as to location and
unobtrusiveness.
(c) Antennae and supporting structures used for communication
service or reception for a community antenna system subject
to approval of the City Council as to location and
unobtrusiveness.
(d) Temporary overhead facilities necessary for emergency
services for less than ten (10) days which period may be
extended by the Public Works Director/City Engineer for a
period not exceeding ninety (90) days and which may be
extended by the City Council for an unlimited period.
(e) Temporary overhead wires and supporting poles approved by
the Public Works Director/City Engineer and erected to
facilitate construction of a building or other structures for a
period of not more than one hundred eighty (180) days.
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Resolution No. 2021-53
Section 5. The utility company, at its expense, shall install underground service
connection facilities on the customer's property for not more than one hundred (100) feet
in length.
Section 6. All poles, overhead wires, and associate overhead structures shall
be removed and underground installations made in said underground utility district within
the timing schedule agreed upon by the Public Works Director/City Engineer.
Section 7. Pursuant to the provisions of the California Environmental Quality
Act (CEQA), the City Council has determined that this project is categorically exempt
pursuant to Section 15302(d) of the State CEQA Guidelines.
Section 8. The Public Works Director/City Engineer, within ten (10) days after
the adoption of this resolution, shall mail a copy hereof and a copy of Los Angeles County
Code Division 2, Chapter 16.32, as duly adopted by the City Council of the City of
Diamond Bar, to the affected property owners as same are shown on the last equalized
assessment roll and to the affected utilities.
Section 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 16th day of November, 2021.
THE CITY OF DIAMOND BAR
_______
Nancy A. Lyons, Mayor
[Signatures continued on the following page]
6.1.a
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Resolution No. 2021-53
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the 16th day of November 2021, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk
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Resolution No. 2021-53
Exhibit “A”
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1
October 18, 2021
Mr. Dan Fox
City Manager
21810 Copley Drive
Diamond Bar, CA 91765
Subject: Rough Order of Magnitude (ROM) Cost Estimate
City of Diamond Bar Public Works Rule 20A Undergrounding Project
Brea Canyon Road – Cold Spring Lane to Cool Springs Drive
Dear Mr. Fox,
Rule 20A Project Management has reviewed the Rule 20A project in the City of Diamond Bar:
Brea Canyon Road – Cool Spring Lane to Cool Springs Drive. The Rough Order of Magnitude
cost estimate for the project is $1,592,222 expressed in 2023 dollars. The estimated trench
footage for the project is 2,165 feet, which includes all mainline trenching as well as crossings,
streetlights and service laterals (if applicable). The cost of the project is escalated to the year
2023, which is the earliest anticipated year that construction would be scheduled and includes an
estimated accuracy variance of approximately 40%. This assumes all the other utilities involved
in the project can complete their design and prepare construction documents in the same
timeframe as SCE has estimated. Should the City and SCE agree to proceed with the Rule 20A
project, the scope of work and SCE estimated cost for the project can be updated and with
greater accuracy following the completion of SCE’s final engineering design.
According to the California Public Utilities Commission (CPUC) Decision 01-12-009, SCE may
mortgage a maximum of five years of a city’s future Rule 20A annual allocations. The City of
Diamond Bar has enough allocation at this time and would not require mortgaging for this project.
SCE’s ability to proceed with this project is dependent upon the annual CPUC approved budget
for the Rule 20A Program, which provides for the availability of capital funding and resources for
Rule 20A projects. Funding levels for the Rule 20A Program may directly impact future
allocations and the anticipated year of construction for this proposed project.
The ROM estimate is based on the following assumptions:
SCE has an available budget to proceed with the project.
The City of Diamond Bar has accumulated an adequate allocation balance within the
allowable five-year mortgage
The City of Diamond Bar has established an underground utility district by resolution or
ordinance for this project and/or area.
The City of Diamond Bar will allow and provide for the granting of easement(s) to SCE for
trench installation within the project boundary, as necessary.
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2
Additional terms and conditions assumed in the ROM estimate are outlined in the attached Rule
20A General Conditions Policy document, which further defines the responsibilities of SCE and
the City of Diamond Bar to ensure the success of this project.
Please communicate the current ROM estimate and the information included regarding
allocations and assumptions to the appropriate City of Diamond Bar staff.
Thank you for your assistance in this matter and should you have any questions please feel free
to call me directly.
Sincerely,
Andrew Scott
Andrew Scott
New Development Planning & Project Management
Rule 20 Project Manager
Metro East Region
cc:
Elias Bermudez, Senior Manager New Development Planning & Project Management
Talisa Lee, SCE Rule 20 Project Management
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Agenda #: 6.2
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 03 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING
SECTIONS 22.08.030 (RESIDENTIAL ZONING DISTRICT LAND USES
AND PERMIT REQUIREMENTS), SECTION 22.30.040 (NUMBER OF
PARKING SPACES REQUIRED), 22.42.040 (CHILD DAY CARE
FACILITIES), SECTION 22.42.140 (GROUP HOMES) AND SECTION
22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES)
OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ENACT UPDATED REGULATIONS
PERTAINING TO FAMILY DAY CARE HOMES IN ACCORDANCE
WITH STATE LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce for first reading by title only, waive full reading of Ordinance No. 03 (2021),
open Public Hearing to receive public testimony, and schedule the second reading and
adoption at the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
The proposed amendments to the Development Code, pertaining to the regulation of
family day care homes, are necessary for the City to be compliant with Senate Bill 234
(“SB 234”). The number of regulated family day care homes in California has
decreased significantly since 2008 and there continues to be a growing need for child
care. An increase in the number of working parents who attend work or school are
unable to find quality, affordable child care. In light of these facts, the California
Legislature recognizes that family day care homes are a valuable affordable option for
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child care.
The California Child Day Care Facilities Act establishes the State Department of Social
Services as the licensing and regulatory agency for family day care homes. Prior to SB
234, a small family day care home providing care for up to 8 children was considered a
residential use of property for purposes of all local ordinances. Cities and counties were
also required to provide a permitting process to increase that number for up to 14
children.
On September 5, 2019, the Governor signed SB 234, the Keeping Kids Close to Home
Act, amending sections of the Health and Safety Code, which reduced regulatory
barriers and streamlined approval processes to facilitate the establishment of family day
care homes (see Attachment B). SB 234 also requires cities and counties to treat a
large family day care home as a residential use of property for purposes of all local
ordinances. In other words, SB 234 repealed the language in the law that allowed cities
and counties to impose “reasonable requirements” for large family day care homes,
such as spacing and concentration, traffic control, parking, and noise control. These
laws took effect on January 1, 2020 and are intended to address the shortage of
regulated family day care homes by easing restrictions that cities and counties may
place on them.
To comply with SB 234, the City is amending the Development Code to be consistent
with the new State law.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Planning Commission Review
On October 26, 2021, after conducting a duly noticed public hearing, the Planning
Commission adopted Resolution no. 2021-20 recommended, by a 5-0 vote, that the City
Council adopt the attached ordinance amending Title 22 (Attachment 2). The staff
report and meeting minutes from that meeting are attached to this report as
Attachments 3 and 4 respectively.
No public comments were received prior to or during the Planning Commission hearing.
Summary of Changes to State Laws
The most noteworthy statewide changes to family day care regulations include, but are
not limited to, the following:
• Local jurisdictions may not require a land use permit or business license, or impose
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a fee or tax to operate a family day care home (large or small).
• Local jurisdictions may not create special regulations that only apply to family day
care homes.
• A family day care home may be operated in any detached single-family dwelling, a
townhouse, or a dwelling unit within a covered multifamily dwelling in which the
underlying zoning allows for residential uses.
• A property owner or manager cannot prohibit a provider from operating a family day
care home where the underlying zoning allows for residential uses.
Proposed Development Code Amendments
Section 22.08.030 (Residential zoning district land uses and permit requirements)
– Revises Table 2-3 to allow all family day care homes as a permitted use within the
residential zoning districts. A footnote was also added to clarify that a zoning clearance
is not required for family day care homes.
Section 22.30.040 (Number of parking spaces required) – Revises Table 3-10 to
delete the parking requirements for large family day care homes.
Section 22.42.040 (Child day care facilities) – Repeals and replaces this section in its
entirety to establish general requirements for family day care homes and retain some
requirements for child day care centers.
Section 22.42.140 (Group Homes) – The term “child day care home and center” are
amended for consistency with the family day care definition.
Section 22.80.020 (Definitions of specialized terms and phrases) – Substitutes
“child day care facility” with “child day care center”; deletes “large family day care home”
and “small family day care home,” and adds a new definition “family day care home” for
consistency.
Licensing Requirements
As stated, the State Department of Social Services licenses and regulates all family day
care homes. To be licensed, all State health and safety requirements, as well as fire
safety requirements must be met. Physical changes to the home are still required to
comply with the local jurisdictions’ zoning or building requirements in the same manner
as any other residential use or structure.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to the California
Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has
no potential for resulting in a physical change to the environment, directly or indirectly
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and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves statutorily exempt from CEQA pursuant to California
Health and Safety Code Section 1597.45(d) that provides that a small or large family
day care home shall not be subject to the provisions of CEQA.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
November 5, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.2.a Ordinance No. 03 (2021); Family Day Care Homes
2. 6.2.b Planning Commission Resolution No. 2021-20
3. 6.2.c Planning Commission Staff Report (attachments not included) Dated
October 26, 2021
4. 6.2.d Planning Commission Meeting Minutes Dated October 26, 2021
5. 6.2.e Senate Bill 234
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ORDINANCE NO. 03 (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING SECTIONS 22.08.030 (RESIDENTIAL
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS),
SECTION 22.30.040 (NUMBER OF PARKING SPACES REQUIRED),
22.42.040 (CHILD DAY CARE FACILITIES), SECTION 22.42.140
(GROUP HOMES) AND SECTION 22.80.020 (DEFINITIONS OF
SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO FAMILY DAY CARE
HOMES IN ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature recognizes family day care homes as a
valuable affordable option for child care;
WHEREAS, prior to 2020, California law established that a “small family day care
home,” providing care for up to 8 children, was considered a residential use of property
for purposes of all local ordinances, and a city or county was authorized to require a
permitting process to allow residential properties to operate as large family day care
homes, providing care for up to 14 children;
WHEREAS, on September 5, 2019, the Governor signed Senate Bill 234 (“SB
234”), the Keeping Kids Close to Home Act, which took effect on January 1, 2020,
amending sections of the Health and Safety Code which requires that a large family day
care home be treated as a residential use of property for purposes of all local ordinances;
WHEREAS, SB 234 reduced regulatory barriers and streamlined approval
processes to facilitate the establishment of large family day care homes;
WHEREAS, the City must amend the Development Code to be consistent with the
State law;
WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
family day care homes, Planning Case No. PL2021-70, and adopted Resolution No.
2021-20 recommending City Council approval of said Development Code Amendments;
WHEREAS, on November 16, 2021, the City Council held a duly noticed public
hearing regarding the proposed Development Code Amendment; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-20, a copy of which is on file with the City
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Ordinance No. 03 (2021)
2
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 22.08.030 (Residential zoning district land uses and permit
requirements) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-3 to add family day care homes as a permitted use within the
residential zoning districts and to delete references to large family day care homes and
small family day care homes as follows (deletions in strikethrough text and additions
shown in double underline):
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
Land Use (1) RR RL RLM RM RMH RH RH-
30
See
Standards
in
Section:
. . .
RESIDENTIAL USES (4)
Duplexes P P P P
Family day care homes (5) P P P P P P P 22.42.040
Guest house P P 22.42.060
. . .
SERVICE USES
. . .
Child day care centers CUP CUP CUP CUP 22.42.040
Child day care, large family day
care homes
CUP CUP CUP CUP CUP CUP CUP 22.42.040
Child day care, small family P P P P P P P 22.42.040
. . .
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Ordinance No. 03 (2021)
3
KEY TO PERMIT REQUIREMENTS
Symbol Permit Requirement Procedure is
in Chapter
P Permitted use, zoning clearance required (2) 22.46
MUP Conditional use, minor conditional use permit required (2) 22.56
CUP Conditional use, conditional use permit required (2) 22.58
Use not allowed (see section 22.04.020(h) regarding uses not listed)
Notes:
(1) See article VI for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Radio and television antennas and wireless telecommunications antenna facilities shall be
permitted pursuant to the standards contained within Ordinance No. 04(1999).
(4) The land use category for a group home shall be determined based upon the predominant
operating characteristics of the use. Only one land use category shall be applied to a use at a
time.
(5) Zoning clearance is not required for family day care homes.
Section 2. Section 22.30.040 (Number of parking spaces required) of Title 22,
Chapter 22.30 of the Diamond Bar Municipal Code is hereby amended to revise Table 3-
10 to delete the reference to parking requirements for large family day care homes as
follows (deletions in strikethrough text and additions shown in double underline):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
. . .
Recreation, education, public assembly:
Child day care centers 1 space for each 10 children, plus one
space for each employee, plus one space
for each vehicle used in conjunction with
the use, plus permanent drop-off area as
approved by the director.
Large family day care homes 1 space for each employee, in addition to
the required residential spaces.
. . .
Section 3. Section 22.42.040 (Child day care facilities) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is hereby repealed and replaced in its entirety
to read as follows:
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Ordinance No. 03 (2021)
4
Sec. 22.42.040. Child day care facilities.
This section establishes standards for the city review of child day care facilities, in
compliance with state law and in a manner that recognizes the needs of day care
operators and at the same time minimizes the effects on surrounding properties. These
standards apply in addition to the other applicable provisions of this Development Code
and requirements imposed by the California Department of Social Services through its
facility licensing procedures. Licensing by the Department of Social Services is required
for child day care facilities.
(1) Standards for family day care homes. The following standards shall apply:
a. Accessory use. In accordance with state law, the use of a home as a family
day care home shall be considered a permitted accessory use of residential
property and shall not require a city business license, use permit or zoning
clearance. All site planning, development, and sign standards of the
underlying zoning district shall apply, and use of residential property as a
family day care home shall not fundamentally alter the nature of the
underlying residential use.
b. Compliance with state laws. All family day care homes shall comply with all
applicable state laws, regulations, and rules governing family day care
homes.
c. Fire department standards. Family day care homes shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
(2) Standards for child day care centers. The following standards shall apply:
a. Conditional use permit required.
b. Fire department standards. Child day care centers shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
c. Noise. In order to protect adjacent residential dwellings from noise impacts,
a facility within any residential zoning district may only operate up to 14
hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00
p.m. Additionally, the facility shall be in full compliance with chapter 22.28
(Noise Control) for the subject zoning district.
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Ordinance No. 03 (2021)
5
d. Fence or wall. A six-foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front yard or within a traffic
safety sight area. Fences or walls shall provide for safety with controlled
points of entry in compliance with chapter 22.20 (Fences, Walls, and
Hedges).
e. Indoor play areas. The facility shall be provided with indoor play areas in
compliance with state requirements. Separate and clearly defined play and
activity areas shall be provided for each age group, including infant, toddler,
preschool and school age children.
f. Outdoor play lot. An outdoor play lot of at least 75 square feet of useable
area for each child, but not less than 450 square feet in area exclusive of
the required front yard setback, shall be provided. The outdoor play lot shall
be located in the rear yard. Stationary play equipment shall not be located
in front and side yards.
Section 4. Subsection (a)(4)(b) of Section 22.42.140 (Group Homes) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to family day care homes as follows (deletions in strikethrough text and additions shown
in double underline):
b. A parolee-probationer home shall not be located within 1,320 feet of any
other group home, a public or private school (pre-school through twelfth grade),
university, college, child day care center, family day care home and center, public park,
library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic
beverages as measured from any point on the outside walls of the parolee/probationer
housing to the nearest property line of the noted use.
Section 5. Subsection (c) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to delete the definitions of “child day care facilities,” “large family day care
home” and “small family day care home” and to amend the definition “child day care
center” (deletions in strikethrough text and additions shown in double underline):
(c) Definitions, “C.” The following definitions are in alphabetical order:
. . .
Child day care facilities. Facilities that provide nonmedical care and supervision of
minor children for periods of less than 24 hours. These facilities include the following, all
of which are required to be licensed by the California State Department of Social Services:
(1) Child day care center. A facility that provides nonmedical care and supervision
of minor children for periods of less than 24 hours, and is licensed by the
California State Department of Social Services. Includes Commercial
commercial or non-profit child day care facilities designed and approved to
accommodate 15 or more children. Includes infant centers, preschools, sick-
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Ordinance No. 03 (2021)
6
child centers, and school-age day care facilities. These may be operated in
conjunction with a school or church facility, or as an independent land use. Does
not include family day care homes.
(2) Large family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
seven to 14 children. Children under the age of ten years who reside in the home
count as children served by the day care facility.
(3) Small family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
eight or fewer children. Children under the age of ten years who reside in the
home count as children served by the day care facility.
. . .
Section 6. Subsection (f) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to add a new definition for “family day care home” (deletions in strikethrough
text and additions shown in double underline):
(f) Definitions, “F.” The following definitions are in alphabetical order:
. . .
Family day care home. A facility that regularly provides care, protection, and
supervision of 14 or fewer minor children, in the provider’s home, for periods of
less than 24 hours per day, while the parents or guardians are away. These
facilities are required to be licensed by the California State Department of Social
Services. Children under the age of ten years who reside in the home count as
children served by the day care facility. A family day care home includes a
detached single-family dwelling, a townhouse, or a dwelling unit within a covered
multifamily dwelling in which the underlying zoning allows for residential uses. A
family day care home is where the daycare provider resides, and includes a
dwelling or a dwelling unit that is rented, leased, or owned.
. . .
Section 7. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to the California Code of
Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) because it has no potential for
resulting in a physical change to the environment, directly or indirectly and because the
proposed Development Code Amendments pertain to the regulation of activities that are
themselves statutorily exempt from CEQA pursuant to California Health and Safety Code
Section 1597.45(d) that provides that a small or large family day care home shall not be
subject to the provisions of CEQA.
6.2.a
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Ordinance No. 03 (2021)
7
Section 8. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION 9. The City Clerk shall attest and certify to the passage and adoption of
this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this _____ day of ________, 2021.
THE CITY OF DIAMOND BAR:
__________________________
, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 16th day of November, 2021, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the ____ day of
_______, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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6.2.b
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6.2.b
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ORDINANCE NO. XX (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING SECTIONS 22.08.030 (RESIDENTIAL
ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS),
SECTION 22.30.040 (NUMBER OF PARKING SPACES REQUIRED),
22.42.040 (CHILD DAY CARE FACILITIES), SECTION 22.42.140
(GROUP HOMES) AND SECTION 22.80.020 (DEFINITIONS OF
SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT
UPDATED REGULATIONS PERTAINING TO FAMILY DAY CARE
HOMES IN ACCORDANCE WITH STATE LAW.
WHEREAS, the California Legislature recognizes family day care homes as a
valuable affordable option for child care;
WHEREAS, prior to 2020, California law established that a “small family day care
home,” providing care for up to 8 children, was considered a residential use of property
for purposes of all local ordinances, and a city or county was authorized to require a
permitting process to allow residential properties to operate as large family day care
homes, providing care for up to 14 children;
WHEREAS, on September 5, 2019, the Governor signed Senate Bill 234 (“SB
234”), the Keeping Kids Close to Home Act, which took effect on January 1, 2020,
amending sections of the Health and Safety Code which requires that a large family day
care home be treated as a residential use of property for purposes of all local ordinances;
WHEREAS, SB 234 reduced regulatory barriers and streamlined approval
processes to facilitate the establishment of large family day care homes;
WHEREAS, the City must amend the Development Code to be consistent with the
State law;
WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
family day care homes, Planning Case No. PL2021-70, and adopted Resolution No.
2021-XX recommending City Council approval of said Development Code Amendments;
WHEREAS, on _____________, 2021, the City Council held a duly noticed public
hearing regarding the proposed Development Code Amendment; and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2021-XX, a copy of which is on file with the City
Exhibit A
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Ordinance No. XX (2021)
2
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.Section 22.08.030 (Residential zoning district land uses and permit
requirements) of Title 22, Chapter 22.08 of the Diamond Bar Municipal Code is hereby
amended to revise Table 2-3 to add family day care homes as a permitted use within the
residential zoning districts and to delete references to large family day care homes and
small family day care homes as follows (deletions in strikethrough text and additions
shown in double underline):
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR
RESIDENTIAL ZONING DISTRICTS
Land Use (1) RR RL RLM RM RMH RH RH-
30
See
Standards
in
Section:
. . .
RESIDENTIAL USES (4)
Duplexes P P P P
Family day care homes (5)P P P P P P P 22.42.040
Guest house P P 22.42.060
. . .
SERVICE USES
. . .
Child day care centers CUP CUP CUP CUP 22.42.040
Child day care, large family day
care homes
CUP CUP CUP CUP CUP CUP CUP 22.42.040
Child day care, small family P P P P P P P 22.42.040
. . .
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Ordinance No. XX (2021)
3
KEY TO PERMIT REQUIREMENTS
Symbol Permit Requirement Procedure is
in Chapter
P Permitted use, zoning clearance required (2) 22.46
MUP Conditional use, minor conditional use permit required (2) 22.56
CUP Conditional use, conditional use permit required (2) 22.58
Use not allowed (see section 22.04.020(h) regarding uses not listed)
Notes:
(1) See article VI for definitions of each of the land uses listed.
(2) See chapter 22.48 for development review requirements for all uses.
(3) Radio and television antennas and wireless telecommunications antenna facilities shall be
permitted pursuant to the standards contained within Ordinance No. 04(1999).
(4) The land use category for a group home shall be determined based upon the predominant
operating characteristics of the use. Only one land use category shall be applied to a use at a
time.
(5) Zoning clearance is not required for family day care homes.
Section 2.Section 22.30.040 (Number of parking spaces required) of Title 22,
Chapter 22.30 of the Diamond Bar Municipal Code is hereby amended to revise Table 3-
10 to delete the reference to parking requirements for large family day care homes as
follows (deletions in strikethrough text and additions shown in double underline):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
. . .
Recreation, education, public assembly:
Child day care centers 1 space for each 10 children, plus one
space for each employee, plus one space
for each vehicle used in conjunction with
the use, plus permanent drop-off area as
approved by the director.
Large family day care homes 1 space for each employee, in addition to
the required residential spaces.
. . .
Section 3.Section 22.42.040 (Child day care facilities) of Title 22, Chapter
22.42 of the Diamond Bar Municipal Code is hereby repealed and replaced in its entirety
to read as follows:
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Ordinance No. XX (2021)
4
Sec. 22.42.040. Child day care facilities.
This section establishes standards for the city review of child day care facilities, in
compliance with state law and in a manner that recognizes the needs of day care
operators and at the same time minimizes the effects on surrounding properties. These
standards apply in addition to the other applicable provisions of this Development Code
and requirements imposed by the California Department of Social Services through its
facility licensing procedures. Licensing by the Department of Social Services is required
for child day care facilities.
(1)Standards for family day care homes. The following standards shall apply:
a.Accessory use. In accordance with state law, the use of a home as a family
day care home shall be considered a permitted accessory use of residential
property and shall not require a city business license, use permit or zoning
clearance. All site planning, development, and sign standards of the
underlying zoning district shall apply, and use of residential property as a
family day care home shall not fundamentally alter the nature of the
underlying residential use.
b.Compliance with state laws. All family day care homes shall comply with all
applicable state laws, regulations, and rules governing family day care
homes.
c.Fire department standards. Family day care homes shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
(2)Standards for child day care centers. The following standards shall apply:
a.Conditional use permit required.
b.Fire department standards. Child day care centers shall comply with all
applicable standards established by the State Fire Marshal, including,
without limitation, standards for such facilities to contain fire extinguishers,
smoke detector devices, carbon monoxide detectors, and required exits.
c.Noise. In order to protect adjacent residential dwellings from noise impacts,
a facility within any residential zoning district may only operate up to 14
hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00
p.m. Additionally, the facility shall be in full compliance with chapter 22.28
(Noise Control) for the subject zoning district.
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Ordinance No. XX (2021)
5
d.Fence or wall. A six-foot high solid decorative fence or wall shall be
constructed on all property lines, except in the front yard or within a traffic
safety sight area. Fences or walls shall provide for safety with controlled
points of entry in compliance with chapter 22.20 (Fences, Walls, and
Hedges).
e.Indoor play areas. The facility shall be provided with indoor play areas in
compliance with state requirements. Separate and clearly defined play and
activity areas shall be provided for each age group, including infant, toddler,
preschool and school age children.
f.Outdoor play lot. An outdoor play lot of at least 75 square feet of useable
area for each child, but not less than 450 square feet in area exclusive of
the required front yard setback, shall be provided. The outdoor play lot shall
be located in the rear yard. Stationary play equipment shall not be located
in front and side yards.
Section 4.Subsection (a)(4)(b) of Section 22.42.140 (Group Homes) of Title 22,
Chapter 22.42 of the Diamond Bar Municipal Code is hereby amended to add a reference
to family day care homes as follows (deletions in strikethrough text and additions shown
in double underline):
b. A parolee-probationer home shall not be located within 1,320 feet of any
other group home, a public or private school (pre-school through twelfth grade),
university, college, child day care center, family day care home and center, public park,
library, bar, cocktail lounge, tavern or business licensed for off-site sales of alcoholic
beverages as measured from any point on the outside walls of the parolee/probationer
housing to the nearest property line of the noted use.
Section 5.Subsection (c) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to delete the definitions of “child day care facilities,” “large family day care
home” and “small family day care home” and to amend the definition “child day care
center” (deletions in strikethrough text and additions shown in double underline):
(c) Definitions, “C.” The following definitions are in alphabetical order:
. . .
Child day care facilities. Facilities that provide nonmedical care and supervision of
minor children for periods of less than 24 hours. These facilities include the following, all
of which are required to be licensed by the California State Department of Social Services:
(1)Child day care center. A facility that provides nonmedical care and supervision
of minor children for periods of less than 24 hours, and is licensed by the
California State Department of Social Services. Includes Commercial
commercial or non-profit child day care facilities designed and approved to
accommodate 15 or more children. Includes infant centers, preschools, sick-
6.2.b
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Ordinance No. XX (2021)
6
child centers, and school-age day care facilities. These may be operated in
conjunction with a school or church facility, or as an independent land use. Does
not include family day care homes.
(2)Large family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
seven to 14 children. Children under the age of ten years who reside in the home
count as children served by the day care facility.
(3)Small family day care home. A day care facility located in a single-family
residence where an occupant of the residence provides care and supervision for
eight or fewer children. Children under the age of ten years who reside in the
home count as children served by the day care facility.
. . .
Section 6.Subsection (f) of Section 22.80.020 (Definitions of specialized terms
and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended
as follows to add a new definition for “family day care home” (deletions in strikethrough
text and additions shown in double underline):
(f) Definitions, “F.” The following definitions are in alphabetical order:
. . .
Family day care home. A facility that regularly provides care, protection, and
supervision of 14 or fewer minor children, in the provider’s home, for periods of
less than 24 hours per day, while the parents or guardians are away. These
facilities are required to be licensed by the California State Department of Social
Services. Children under the age of ten years who reside in the home count as
children served by the day care facility. A family day care home includes a
detached single-family dwelling, a townhouse, or a dwelling unit within a covered
multifamily dwelling in which the underlying zoning allows for residential uses. A
family day care home is where the daycare provider resides, and includes a
dwelling or a dwelling unit that is rented, leased, or owned.
. . .
Section 7.The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (“CEQA”) pursuant to the California Code of
Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) because it has no potential for
resulting in a physical change to the environment, directly or indirectly and because the
proposed Development Code Amendments pertain to the regulation of activities that are
themselves statutorily exempt from CEQA pursuant to California Health and Safety Code
Section 1597.45(d) that provides that a small or large family day care home shall not be
subject to the provisions of CEQA.
6.2.b
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Ordinance No. XX (2021)
7
Section 8.Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION 9.The City Clerk shall attest and certify to the passage and adoption of
this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this ____ day of ________, 2021.
THE CITY OF DIAMOND BAR:
__________________________
Nancy Lyons, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the ___ day of ________, 2021, and was duly adopted at a
regular meeting of the City Council of the City of Diamond Bar held on the ___ day of
________, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
6.2.b
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 26, 2021
CASE/FILE NUMBER: Development Code Amendment Planning Case
No. PL2021-70
PROJECT LOCATION: Citywide
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
To amend the following sections of Title 22 of the
Diamond Bar Municipal Code (“Development
Code”) in order to comply with Senate Bill 234,
pertaining to the regulation of family day care
homes: 22.08.030, 22.30.040, 22.42.040,
22.42.140, and 22.80.020.
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment No. PL2021-70.
SUMMARY:
The proposed amendments to the Development Code, pertaining to the regu lation of
family day care homes, are necessary for the City to be compliant with Senate Bill 234
(“SB 234”).
BACKGROUND:
The number of regulated family day care homes in California has decreased
significantly since 2008 and there continues to be a growin g need for child care. An
increase in the number of working parents who attend work or school are unable to find
quality, affordable child care. In light of these facts, the California Legislature recognizes
that family day care homes are a valuable affordable option for child care.
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Development Code Amendment Planning Case No. PL2021-70
Page 2 of 4
The California Child Day Care Facilities Act allows the State Department of Social
Services to license and regulate family day care homes. Prior to AB 234, a small family
day care home providing care for up to 8 children was considered a residential use of
property for purposes of all local ordinances. Cities and counties were also required to
provide a permitting process to increase that number for up to 14 children.
On September 5, 2019, the Governor signed SB 234, the Keepi ng Kids Close to Home
Act, amending sections of the Health and Safety Code, which reduced regulatory
barriers and streamlined approval processes to facilitate the establishment of family day
care homes (see Attachment B). SB 234 also requires cities and counties to treat a
large family day care home as a residential use of property for purposes of all local
ordinances. In other words, SB 234 deleted the language in the law that allowed cities
and counties to impose “reasonable requirements” for large family day care homes,
such as spacing and concentration, traffic control, parking, and noise control. These
laws took effect on January 1, 2020 and are intended to address the shortage of
regulated family day care homes by easing restrictions that cities and counties may
place on them.
To comply with SB 234, the City is amending the Development Code to be consistent
with the new State law.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Summary of Changes to State Laws
The most noteworthy statewide changes to family day care regulations include , but are
not limited to, the following:
• Local jurisdictions may not require a land use permit or business license, or impose
a fee or tax to operate a family day care home (large or small).
• Local jurisdictions may not create special regulations that only apply to family day
care homes.
• A family day care home may be operated in any detached single -family dwelling, a
townhouse, or a dwelling unit within a covered multifamily dwelling in which the
underlying zoning allows for residential uses.
• A property owner or manager cannot prohibit a provider from operating a family day
care home where the underlying zoning allows for residential uses.
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Development Code Amendment Planning Case No. PL2021-70
Page 3 of 4
Proposed Development Code Amendments
Section 22.08.030 (Residential zoning district land uses and permit requirements)
– Revises Table 2-3 to allow all family day care homes as a permitted use within the
residential zoning districts. A footnote was also added to clarify that a zoning cle arance
is not required for family day care homes.
Section 22.30.040 (Number of parking spaces required) – Revises Table 3-10 to
delete the parking requirements for large family day care homes.
Section 22.42.040 (Child day care facilities) – Repeals and replaces this section in its
entirety to establish general requirements for family day care homes and retain some
requirements for child day care centers.
Section 22.42.140 (Group Homes) – The term “child day care home and center” are
amended for consistency with the family day care definition.
Section 22.80.020 (Definitions of specialized terms and phrases) – Substitutes
“child day care facility” with “child day care center”; deletes “large family day care home”
and “small family day care home,” and add s a new definition “family day care home” for
consistency.
Licensing Requirements
As mentioned above, the State Department of Social Services licenses and regulates all
family day care homes. To be licensed, all State health and safety requirements, as well
as fire safety requirements must be met. Physical changes to the home are still required
to comply with the local jurisdictions’ zoning or building requirements in the same
manner as any other residential use or structure.
ENVIRONMENTAL REVIEW:
The City has determined that the proposed Development Code Amendment is not
subject to the California Environmental Quality Act (“CEQA”) pursuant to the California
Code of Regulations, Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has
no potential for resulting in a physical change to the environment, directly or indir ectly
and because the proposed Development Code Amendments pertain to the regulation of
activities that are themselves statutorily exempt from CEQA pursuant to California
Health and Safety Code Section 1597.45(d) that provides that a small or large family
day care home shall not be subject to the provisions of CEQA.
NOTICE OF PUBLIC HEARING:
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Development Code Amendment Planning Case No. PL2021-70
Page 4 of 4
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
October 15, 2021, in a 1/8-page display. Pursuant to Planning and Zoning Law
Government Code Section 65091(a)(4), if the number of property owners to whom a
public hearing notice would be mailed is greater than 1,000, a local agency may provide
notice by placing a display advertisement of at least 1/8 page in one newspaper of
general circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
City Council approval of Development Code Amendment No. PL2021-70.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
B. Senate Bill 234
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__________________________________________________________________________
OCTOBER 26, 2021 PAGE 2 PLANNING COMMISSION
__________________________________________________________________________
5. OLD BUSINESS:NONE
6. NEW BUSINESS:NONE
7. PUBLIC HEARING(S):
7.1 Development Code Amendment Planning Case No. PL 2021-70 – Under the
authority of Diamond Bar Municipal Code Section 22.70, the City of Diamond bar
proposes to amend the following sections of Title 22 of the Diamond Bar
Municipal Code (Development Code) in order to comply with Senate Bill 234,
pertaining to the regulation of family day care homes: 22.08.030, 22.30.040,
22.36.080, 22.42.040, 22.42.140 and 22.80.020.
PROJECT ADDRESS: Citywide
APPLICANT: City of Diamond Bar
AP/Nakajima presented staff’s report and recommended adoption of Resolution
2021-20 recommending the City Council approve Development Code
Amendment No. PL2021-70.
AP/Nakajima responded to C/Wolfe that all family daycare homes are not
required to provide extra parking spaces, but child day care centers are required
to provide one parking space per 10 children and C/Wolfe commented that there
is now an advantage for a child day care centers to close down and purchase a
home in the next-door neighborhood. AP/Nakajima responded that child day care
centers are commercial establishments, generally in commercial zones, as
opposed to residential zones where daycare homes are permitted.
CDD/Gubman stated there is a requirement that the operator of the daycare
home reside at that residence and it would not be a situation where a commercial
operator would use it as a storefront.
Chair/Rawlings opened the Public Hearing.
There being no one who wished to comment, Chair/Rawlings closed the Public
Hearing.
C/Barlas said there was a time she was able to take advantage of a daycare
home on her street which did not present any issues in her neighborhood.
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__________________________________________________________________________
OCTOBER 26, 2021 PAGE 3 PLANNING COMMISSION
__________________________________________________________________________
C/Barlas moved, VC/Garg seconded, to approve Resolution 2021-20
recommending City Council approval of Development Code Amendment
No. PL2021-70. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Mok, Wolfe, VC/Garg,
Chair/Rawlings
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS:
C/Barlas attended the State of the City event which was well attended.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman stated that there are three agenda items scheduled for the November 9th
agenda, two of which are for Extension of Time requests to pull building permits for
custom home projects delayed due to the pandemic, which were approved by the
Planning Commission two years ago, and a proposed addition to a single-family
residence in The Country.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Rawlings adjourned the Planning Commission meeting at 6:46 p.m.
The foregoing minutes are hereby approved this 9th of November, 2021.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
______________________________
William Rawlings, Chairperson
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Senate Bill No. 234
CHAPTER 244
An act to amend Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45,
and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal
Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and
1597.543 of, the Health and Safety Code, relating to family daycare homes.
[Approved by Governor September 5, 2019. Filed with Secretary
of State September 5, 2019.]
legislative counsel’s digest
SB 234, Skinner. Family daycare homes.
Under existing law, the California Child Day Care Facilities Act, the State
Department of Social Services licenses and regulates family daycare homes.
Under existing law, a small family daycare home, which may provide care
for up to 8 children, is considered a residential use of property for purposes
of all local ordinances. Existing law authorizes a city, county, or city and
county to either classify a large family daycare home, which may provide
care for up to 14 children, as residential use of the property or to provide a
process for applying for a permit to use the property as a large family daycare
home.
This bill would instead require a large family daycare home to be treated
as a residential use of property for purposes of all local ordinances.
Existing law makes void every provision in a written instrument entered
into relating to real property that purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family daycare home for children and every restriction or
prohibition in a written instrument as to the use or occupancy of the property
as a family daycare home.
This bill would also make void an attempt to deny, restrict, or encumber
the conveyance, leasing, or mortgaging of real property for use or occupancy
as a family daycare home and a restriction related to the use or occupancy
of the property as a family daycare home. The bill would prohibit a property
owner or manager from refusing to sell or rent, or refusing to negotiate for
the sale or rental of, or otherwise making unavailable or denying, a detached
single-family dwelling, a townhouse, a dwelling unit within a dwelling, or
a dwelling unit within a covered multifamily dwelling in which the
underlying zoning allows for residential use to a person because that person
is a family daycare provider. The bill would require the department to notify
applicants for family daycare home licenses that specified housing
discrimination remedies are available to a family daycare home provider,
family daycare home provider applicant, or person who is claiming that any
of these protections have been denied.
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Existing law prohibits a local jurisdiction from imposing a business
license, fee, or tax for the privilege of operating a small family daycare
home.
This bill would extend that prohibition to large family daycare homes.
Existing law requires the State Fire Marshal to adopt building standards
and regulations relating to the fire and life safety systems in family daycare
provider homes.
This bill would require the State Fire Marshal to update those regulations
in the next regulation adoption cycle, and every 3 years thereafter to conform
to changes in these provisions. The bill would also require the State Fire
Marshal to issue guidance on implementing the provisions prior to the
publication of regulations, but not later than January 1, 2021, and would
authorize guidance to be issued annually thereafter in years when the
specified regulations are not updated.
The bill would also make technical and conforming changes.
The people of the State of California do enact as follows:
SECTION 1. Section 1596.72 of the Health and Safety Code is amended
to read:
1596.72. The Legislature finds all of the following:
(a) That child daycare facilities can contribute positively to a child’s
emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a comprehensive, quality
system for licensing child daycare facilities to ensure a quality childcare
environment.
(c) That this system of licensure requires a special understanding of the
unique characteristics and needs of the children served by child daycare
facilities.
(d) That it is the intent of the Legislature to establish within the State
Department of Social Services an organizational structure to separate
licensing of child daycare facilities from those facility types administered
under Chapter 3 (commencing with Section 1500).
(e) That good quality childcare services are an essential service for
working parents.
(f) California has a tremendous shortage of regulated childcare, and only
a small fraction of families who need childcare have it. Parents should be
able to support their families without having to sacrifice their child’s
well-being.
(g) With childcare, families have more options for jobs and education to
improve their prospects. Good, affordable childcare gives children a strong
start and creates opportunities for families and communities.
SEC. 2. Section 1596.73 of the Health and Safety Code is amended to
read:
1596.73. The purposes of this act are to:
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(a) Streamline the administration of childcare licensing and thereby
increase the efficiency and effectiveness of this system.
(b) Encourage the development of licensing staff with knowledge and
understanding of children and childcare needs.
(c) Provide providers of childcare with technical assistance about
licensing requirements.
(d) Enhance consumer awareness of licensing requirements and the
benefits of licensed childcare.
(e) Recognize that affordable, quality licensed childcare is critical to the
well-being of parents and children in this state.
(f) Promote the development and expansion of regulated childcare.
SEC. 3. Section 1596.78 of the Health and Safety Code is amended to
read:
1596.78. (a) “Family daycare home” means a facility that regularly
provides care, protection, and supervision for 14 or fewer children, in the
provider’s own home, for periods of less than 24 hours per day, while the
parents or guardians are away, and is either a large family daycare home or
a small family daycare home.
(b) “Large family daycare home” means a facility that provides care,
protection, and supervision for 7 to 14 children, inclusive, including children
under 10 years of age who reside at the home, as set forth in Section
1597.465 and as defined in regulations.
(c) “Small family daycare home” means a facility that provides care,
protection, and supervision for eight or fewer children, including children
under 10 years of age who reside at the home, as set forth in Section 1597.44
and as defined in regulations.
(d) A small family daycare home or large family daycare home includes
a detached single-family dwelling, a townhouse, a dwelling unit within a
dwelling, or a dwelling unit within a covered multifamily dwelling in which
the underlying zoning allows for residential uses. A small family daycare
home or large family daycare home is where the daycare provider resides,
and includes a dwelling or a dwelling unit that is rented, leased, or owned.
SEC. 4. Section 1597.30 of the Health and Safety Code is amended to
read:
1597.30. The Legislature finds and declares all of the following:
(a) The Legislature has a responsibility to ensure the health and safety
of children in family homes that provide daycare.
(b) There is an extreme shortage of regulated family daycare homes in
California, and the number has decreased significantly since 2008.
(c) There continues to be a growing need for child daycare facilities due
to the increased number of working parents. Parents need childcare so they
can work and attend school, and so their children can thrive.
(d) Many parents prefer childcare located in their neighborhoods in family
homes.
(e) There should be a variety of childcare settings, including regulated
family daycare homes, as suitable choices for parents.
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(f) The licensing program to be operated by the state should be cost
effective, streamlined, and simple to administer in order to ensure adequate
care for children placed in family daycare homes, while not placing undue
burdens on the providers.
(g) The state should maintain an efficient program of regulating family
daycare homes that ensures the provision of adequate protection, supervision,
and guidance to children in their homes.
(h) The state has a responsibility to promote the development and
expansion of regulated family daycare homes to care for children in
residential settings.
SEC. 5. Section 1597.40 of the Health and Safety Code is repealed.
SEC. 6. Section 1597.40 is added to the Health and Safety Code, to read:
1597.40. (a) It is the intent of the Legislature that family daycare homes
for children should be situated in normal residential surroundings so as to
give children the home environment that is conducive to healthy and safe
development. It is the public policy of this state to provide children in a
family daycare home the same home environment as provided in a traditional
home setting.
(b) The Legislature declares this policy to be of statewide concern with
the purpose of occupying the field. This act, the state building code, and
the fire code, and regulations promulgated pursuant to those provisions,
shall preempt local laws, regulations, and rules governing the use and
occupancy of family daycare homes. Local laws, regulations, or rules shall
not directly or indirectly prohibit or restrict the use of a facility as a family
daycare home, including, but not limited to, precluding the operation of a
family daycare home.
SEC. 7. Section 1597.41 is added to the Health and Safety Code, to read:
1597.41. (a) Every provision in a written instrument relating to real
property that purports to restrict the conveyance, encumbrance, leasing, or
mortgaging of the real property for use or occupancy as a family daycare
home is void, and every restriction in that written instrument as to the use
or occupancy of the property as a family daycare home is void.
(b) An attempt to deny, restrict, or encumber the conveyance, leasing,
or mortgaging of real property for use or occupancy as a family daycare
home is void. A restriction related to the use or occupancy of the property
as a family daycare home is void. A property owner or manager shall not
refuse to sell or rent, or refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a detached single-family dwelling, a
townhouse, a dwelling unit within a dwelling, or a dwelling unit within a
covered multifamily dwelling in which the underlying zoning allows for
residential use to a person because that person is a family daycare provider.
(c) Except as provided in subdivision (d), a restriction, whether by way
of covenant, contract, condition upon use or occupancy, or by transfer of
title to real property, that restricts directly or indirectly limits the acquisition,
use, or occupancy of a detached single-family dwelling, a townhouse, a
dwelling unit within a dwelling, or a dwelling unit within a covered
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multifamily dwelling in which the underlying zoning allows for residential
use as a family daycare home is void.
(d) (1) A prospective family daycare home provider who resides in a
rental property shall provide 30 days’ written notice to the landlord or owner
of the rental property prior to the commencement of operation of the family
daycare home.
(2) A family daycare home provider who has relocated an existing
licensed family daycare home program to a rental property on or after
January 1, 1997, may provide less than 30 days’ written notice when the
department approves the operation of the new location of the family daycare
home in less than 30 days, or the home is licensed in less than 30 days, so
that service to the children served in the former location not be interrupted.
(3) A family daycare home provider in operation on rental or leased
property as of January 1, 1997, shall notify the landlord or property owner
in writing at the time of the annual license fee renewal, or by March 31,
1997, whichever occurs later.
(4) Notwithstanding any other law, upon commencement of, or knowledge
of, the operation of a family daycare home on an individual’s property, the
landlord or property owner may require the family daycare home provider
to pay an increased security deposit for operation of the family daycare
home. The increase in deposit may be required notwithstanding that a lesser
amount is required of tenants who do not operate family daycare homes.
The total security deposit charged shall not exceed the maximum allowable
under existing law.
(5) Section 1596.890 does not apply to this subdivision.
(e) During the license application process for a small or large family
daycare home, the department shall notify the applicant that the remedies
and procedures in Article 2 (commencing with Section 12980) of Chapter
7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to
fair housing are available to family daycare home providers, family daycare
home provider applicants, and individuals who claim that any of the
protections provided by this section or Section 1597.40, 1597.42, 1597.43,
1597.45, 1597.455, or 1597.46 have been denied.
(f) For the purpose of this section, “restriction” means a restriction
imposed orally, in writing, or by conduct and includes prohibition.
(g) This section does not alter the existing rights of landlords and tenants
with respect to addressing and resolving issues related to noise, lease
violations, nuisances, or conflicts between landlords and tenants.
SEC. 8. Section 1597.42 is added to the Health and Safety Code, to read:
1597.42. The use of a home as a family daycare home, operated under
the standards of state law, in a residentially zoned area shall be considered
a residential use of property for the purposes of all local ordinances,
regulations, and rules, and shall not fundamentally alter the nature of the
underlying residential use.
SEC. 9. Section 1597.45 of the Health and Safety Code is amended to
read:
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1597.45. (a) The use of a home as a small or large family daycare home
shall be considered a residential use of property and a use by right for the
purposes of all local ordinances, including, but not limited to, zoning
ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax
for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not
constitute a change of occupancy for purposes of Part 1.5 (commencing
with Section 17910) of Division 13 (State Housing Law) or for purposes of
local building codes.
(d) A small or large family daycare home shall not be subject to the
provisions of Division 13 (commencing with Section 21000) of the Public
Resources Code.
(e) The provisions of this chapter do not preclude a city, county, or other
local public entity from placing restrictions on building heights, setback, or
lot dimensions of a family daycare home, as long as those restrictions are
identical to those applied to all other residences with the same zoning
designation as the family daycare home. This chapter does not preclude a
local ordinance that deals with health and safety, building standards,
environmental impact standards, or any other matter within the jurisdiction
of a local public entity, as long as the local ordinance is identical to those
applied to all other residences with the same zoning designation as the family
daycare home. This chapter also does not prohibit or restrict the abatement
of nuisances by a city, county, or city and county. However, the ordinance
or nuisance abatement shall not distinguish family daycare homes from
other homes with the same zoning designation, except as otherwise provided
in this chapter.
(f) For purposes of this chapter, “small family daycare home or large
family daycare home” includes a detached single-family dwelling, a
townhouse, a dwelling unit within a dwelling, or a dwelling unit within a
covered multifamily dwelling in which the underlying zoning allows for
residential uses. A small family daycare home or large family daycare home
is where the family daycare provider resides, and includes a dwelling or
dwelling unit that is rented, leased, or owned.
SEC. 10. Section 1597.455 is added to the Health and Safety Code, to
read:
1597.455. (a) A small family daycare home shall not be subject to
Article 1 (commencing with Section 13100) or Article 2 (commencing with
Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small
family daycare home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
(b) A small family daycare home for children shall have one or more
carbon monoxide detectors in the facility that meet the standards established
in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of these detectors during
inspections.
SEC. 11. Section 1597.46 of the Health and Safety Code is repealed.
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SEC. 12. Section 1597.46 is added to the Health and Safety Code, to
read:
1597.46. (a) A large family daycare home shall abide by all standards,
in addition to the requirements of the State Uniform Building Standards
Code, that are specifically designed to promote fire and life safety in large
family daycare homes. The State Fire Marshal shall adopt separate building
standards specifically relating to the subject of fire and life safety in family
daycare homes, which shall be published in Title 24 of the California Code
of Regulations. These standards shall apply uniformly throughout the state
and shall include, but not be limited to, all of the following:
(1) The requirement that a large family daycare home contain a fire
extinguisher or smoke detector device, or both, that meets childcare standards
established by the State Fire Marshal.
(2) Specification as to the number of required exits from the home.
(3) Specification as to the floor or floors on which childcare may be
provided and the number of required exits on each floor.
(b) A large family daycare home for children shall have one or more
carbon monoxide detectors in the facility that meet the standards established
in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.
The department shall account for the presence of these detectors during
inspections.
(c) Enforcement of this section shall be in accordance with Sections
13145 and 13146. A city, county, city and county, or district shall not adopt
or enforce a building ordinance or local rule or regulation relating to the
subject of fire and life safety in large family daycare homes that is
inconsistent with those standards adopted by the State Fire Marshal, except
to the extent the building ordinance or local rule or regulation applies to all
residences with the same zoning designation in which childcare is provided.
SEC. 13. Section 1597.47 of the Health and Safety Code is repealed.
SEC. 14. Section 1597.54 of the Health and Safety Code is amended to
read:
1597.54. (a) All family daycare homes for children, shall apply for a
license under this chapter, except that any home that, on June 28, 1981, had
a valid and unexpired license to operate as a family daycare home for
children under other provisions of law shall be deemed to have a license
under this chapter for the unexpired term of the license, at which time a new
license may be issued upon fulfilling the requirements of this chapter.
(b) An applicant for licensure as a family daycare home for children shall
file with the department, pursuant to its regulations, an application on forms
furnished by the department, which shall include, but not be limited to, all
of the following:
(1) A brief statement confirming that the applicant is financially secure
to operate a family daycare home for children. The department shall not
require any other specific or detailed financial disclosure.
(2) (A) Evidence that the small family daycare home contains a fire
extinguisher or smoke detector device, or both, that meets standards
established by the State Fire Marshal under Section 1597.455, or evidence
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that the large family daycare home meets the standards established by the
State Fire Marshal under subdivision (a) of Section 1597.46.
(B) Evidence satisfactory to the department that there is a fire escape
and disaster plan for the facility and that fire drills and disaster drills will
be conducted at least once every six months. The documentation of these
drills shall be maintained at the facility on a form prepared by the department
and shall include the date and time of the drills.
(3) The fingerprints of any applicant of a family daycare home license,
and any other adult, as required under subdivision (b) of Section 1596.871.
(4) Evidence of a current tuberculosis clearance, as defined in regulations
that the department shall adopt, for any adult in the home during the time
that children are under care. This requirement may be satisfied by a current
certificate, as defined in subdivision (f) of Section 121525, that indicates
freedom from infectious tuberculosis as set forth in Section 121525.
(5) Commencing September 1, 2016, evidence of current immunity or
exemption from immunity, as described in Section 1597.622, for the
applicant and any other person who provides care and supervision to the
children.
(6) Evidence satisfactory to the department of the ability of the applicant
to comply with this chapter and Chapter 3.4 (commencing with Section
1596.70) and the regulations adopted pursuant to those chapters.
(7) Evidence satisfactory to the department that the applicant and all
other persons residing in the home are of reputable and responsible character.
The evidence shall include, but not be limited to, a criminal record clearance
pursuant to Section 1596.871, employment history, and character references.
(8) Other information as required by the department for the proper
administration and enforcement of the act.
(c) Failure of the applicant to cooperate with the licensing agency in the
completion of the application shall result in the denial of the application.
Failure to cooperate means that the information described in this section
and in regulations of the department has not been provided, or not provided
in the form requested by the licensing agency, or both.
SEC. 15. Section 1597.543 of the Health and Safety Code is repealed.
SEC. 16. Section 1597.543 is added to the Health and Safety Code, to
read:
1597.543. (a) The State Fire Marshal shall update the building and fire
standards necessary to implement the sections of this chapter relating to life
and fire safety, including, but not limited to, Sections 1597.455 and 1597.46,
and shall publish the updates in the California Code of Regulations (CCR)
in the next Title 19 and Title 24 CCR adoption cycle.
(b) Prior to the publication of the updates required by subdivision (a),
but not later than January 1, 2021, the State Fire Marshal shall issue guidance
on implementing the sections listed in subdivision (a).
(c) The State Fire Marshal shall update the regulations at least every
three years to conform to changes in this chapter. The State Fire Marshal
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may issue guidance on implementing this chapter annually in the years in
which the regulations are not updated in Title 19 and Title 24 of the CCR.
O
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Agenda #: 7.1
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITYWIDE BUS SHELTER REPLACEMENT PROGRAM
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Approve design concept for replacing existing original bus shelters with:
1. Non-advertising shelters; or
2. Shelters with advertising panels;
And;
B. Approve City logo to be added to the new bus shelters with:
1. Clear-coated Print; or
2. Custom Perforated Metal Pattern.
FINANCIAL IMPACT:
The Fiscal Year 2021/22 Capital Improvement Program Budget includes $930,000 of
Proposition A funds for the Citywide Bus Shelter Replacement Project. In-kind
replacement of the bus shelters and other amenities at sheltered and unsheltered bus
stops under Alternative 1 (non-advertising shelters) is estimated to cost $605,000. The
cost for Alternative 2 (V-kiosk advertising shelters) is estimated to be $829,000. These
cost estimates do not include any site preparation cost, City logo design and
application, or other improvements that may be required.
The sidewalk repair work is estimated to cost $30,000 for the entire project. Depending
on the option selected, adding City logo to the 32 locations could cost between $38,000
to $64,000.
Including the sidewalk repair and depending on the City logo option selected, the total
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construction cost for Alternative 1 (non-advertising shelters) is estimated to be between
$673,000 and $699,000. The total construction cost for Alternative 2 (V-kiosk
advertising shelters) is estimated to be between $897,000 and $923,000.
The total maintenance cost of the shelters and other amenities at all bus stops is
currently estimated at about $100,000 per year. The maintenance cost is an eligible use
under Metro’s Proposition A Funds Guidelines. Additionally, pursuant to Prop A
requirements, any advertisement revenues from the bus shelters installed using Prop A
funds have to be returned to the City’s Prop A Local Return Funds.
Since 1990, the City’s bus shelter franchisee, Clear Channel Outdoor, in addition to
providing maintenance services, has been required to pay 19.1% of their gross
advertising revenues from the shelters, with a minimum payable amount of $2,000 per
month to the City. This franchise agreement is set to expired by the end of the current
fiscal year.
BACKGROUND:
There are 34 bus stop locations with shelters, benches, and trash receptacles.
Additionally, there are 50 unsheltered bus stops with benches and trash receptacles
only, bringing the total number of bus stops citywide to 84.
On June 1, 2021, the City Council approved the FY 2021/22 Capital Improvement
Program (CIP). The approved CIP budget includes the Citywide Bus Shelter
Replacement Project (Project). The Project is envisioned as an in-kind replacement of
the existing sheltered and unsheltered bus stop amenities (i.e., benches, trash
receptacles, shelters, etc.).
On October 19, 2021, the City Council discussed two alternative design concepts
proposed by staff for the bus shelters. The two alternatives included: (1) bus shelter
without an advertising panel, and (2) bus shelters with a V-kiosk advertising panel. At
that meeting the City Council approved design concept for replacing existing original
bus shelters with non-advertising shelters. Subsequently, at the November 2, 2021 City
Council meeting, several public comments were provided by community members
asking the City Council to reconsider including the advertising shelter design concept to
promote business opportunities for small businesses. The Council indicated their
concurrence to reconsider the bus shelter designs.
ANALYSIS:
Costs for bus stop improvements and maintenance-related work are both eligible uses
under the Los Angeles County Metropolitan Transportation Authority (Metro) Proposition
A Funds Guidelines. Improvements must be located within 25 feet of a bus stop
signpost. All current locations meet the Metro Prop A’s requirements. Therefore, the
Project’s design, procurement, and installation work have been programmed to be
funded by Prop A Funds. Furthermore, Prop A Funds can also be allocated and used to
cover the ongoing maintenance of bus shelters and related amenities.
The following two (2) alternatives have been developed for the new bus shelters to be
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considered by the City Council.
Alternative 1 – Non-Advertising Shelters
With an estimated unit cost of $15,000 for each shelter structure, this option would allow
the replacement and upgrade of the remaining 32 bus shelters with solar panels, but
without advertising panel, matching the recently installed two (2) shelters in 2020. This
option will also include the upgrade and replacement of the benches and trash
receptacles at each bus shelter location. However, this option provides no opportunities
for any potential advertising revenues.
The City would be maintaining these new shelters and amenities, which is currently
estimated at about $100,000 per year. Again, these costs can be paid for with Prop A
Funds. The City would need to issue a Request for Proposals for the maintenance
services under this alternative.
A schematic design of this alternative -without City logo- is shown on page 1 of
Attachment 2. Additionally, page 2 of Attachment 2 shows one of the non-advertising
shelters installed in 2020, which has the same design as Alternative 1.
Attachment 3 shows a schematic diagram of how the funding mechanism works for
Alternative 1.
Alternative 2 – Advertising Shelters
Excluding the two (2) shelters installed in 2020, all bus shelters citywide are equipped
with standard static outdoor advertising (paper type) V-kiosk panels. The proposed
design under Alternative 2 is also a shelter with V-kiosk panels with a newer design and
color. The estimated unit cost of installing the advertising shelters with V-Kiosk is
$22,000.
This option provides an opportunity for the City to negotiate a new agreement with an
advertising firm for advertising on the new bus shelters and, in return, potentially cover
all or part of the annual maintenance cost of bus stops currently estimated at $100,000.
The City would need to issue a Request for Proposals to prospective advertising
companies for specific needs and information. As discussed in the above Financial
Impact section, any advertising revenues from the bus shelters installed using Prop A
Funds have to be returned to the City’s Prop A Local Return Funds.
The schematic design of this alternative -without City logo- is shown on page 3 of
Attachment 2.
Attachment 3 shows a schematic diagram of how the funding mechanism works for
Alternative 2.
Following up on the City Council’s request from the October 19th meeting, staff received
two design options with the associated costs of adding the City’s windmill logo to the
new bus shelters. Both options utilize the perforated back panels of the bus shelters to
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apply the windmill logo:
Windmill Logo Option 1 - Clear-coated Print
With this option, the perforated panels on the back side of the shelters will be powder
coated and then the windmill logo is color-printed on the panels. The printed logo will
then be covered with a clear coat for preservation. This option costs about $1,200 per
shelter. Although it lasts not as long as option 2 below, it’s more visible and adds some
colors to the shelters. Attachment 4 shows renderings of this logo option applied on
both bus shelter alternatives, as well as photos of similar applications done in other
cities.
Windmill Logo Option 2 - Custom Perforated Metal Pattern
With this option, different hole sizes in the perforated back panels of the shelters are
made to create the design shape/pattern of the windmill logo on the panels. This option
costs about $2,000 per shelter. It’s more durable than option 1 above and the
monochrome logo will be the same color as the shelter. Attachment 4 shows renderings
of this logo option applied on both bus shelter alternatives, as well as photos of similar
applications done in other cities.
Independent from the alternative selected by the City Council for the bus shelters, the
amenities at unsheltered bus stops are proposed to be replaced in-kind. This
replacement is estimated to cost $2,500 per unsheltered location. With a total of 50
unsheltered locations, the total cost for this component of the Project is estimated to be
$125,000. This cost is included in the $605,000 and $829,000 cost estimate for the two
Alternatives.
This discussion item is for the City Council to review and discuss if the new bus shelters
should include advertising panels and which application method should be used for the
windmill logo on the back panels.
Subsequent to the City Council’s decision on the type of bus shelters to be installed,
staff will begin the procurement and installation process.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 7.1.a Bus Stop Locations Maps
2. 7.1.b Design Illustration
3. 7.1.c Funding Mechanism
4. 7.1.d City Logo Application and Sample Pictures
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Attachment 1 PUBLIC
WORKS Sheltered Bus Stops (34 Locations) SHEET 1 of 2
NTS
Original Bus Shelter
(32 Locations)
.
Total Area to stay with the City
after dissolution: 17.95 ac.
(1) All areas and length are approximate.
(2) To be maintained by the City after
dissolution of the District.
(3) To be maintained by HOA or private
owner after dissolution of the District.
(4) 11 ac. of the area to be maintained
by the City and 3 ac. by HOA or
private owner s after dissolution of
the District.
LEGEND
Existing Original Bus Shelters; to be Replaced
2020 Upgraded Shelters (DBB/Temple Ave.); Excluded
from Citywide Bus Shelter Replacement Project
Sheltered Bus Stop to Move from Grand/GSD to GSD
and Racquet Club Dr
Bus Routes
City Boundary
2020 Upgraded Bus Shelter
(2 Locations)
.
Total Area to stay with the City
after dissolution: 17.95 ac.
(1) All areas and length are approximate.
(2) To be maintained by the City after
dissolution of the District.
(3) To be maintained by HOA or private
owner after dissolution of the District.
(4) 11 ac. of the area to be maintained
by the City and 3 ac. by HOA or
private owner s after dissolution of
the District. AD PANEL 7.1.a
Packet Pg. 103
Attachment 1 PUBLIC
WORKS Unsheltered Bus Stops (50 Locations) SHEET 2 of 2
NTS
Original Unsheltered Bus Stops
(50 Locations)
LEGEND
Unsheltered Bus Stops; to be Replaced In-kind
Unsheltered Bus Stop to be Replaced w/ Sheltered Bus
Stop moved from Grand/GSD (GSD and Racquet Club Dr)
Bus Routes
City Boundary
7.1.a
Packet Pg. 104
ALTERNATIVE 1
•Shelter w/o Ad Panel
1
Solar Panels
Perforated
Metal Screen
No Ad Panel
7.1.b
Packet Pg. 105
ALTERNATIVE 1
•Shelter w/o Ad Panel; 2020 Installation
2
7.1.b
Packet Pg. 106
ALTERNATIVE 2
•Shelter w/ V-kiosk Ad Panels
(Alternative 2)
3
Solar Panels
Perforated
Metal Screen
V-kiosk Ad Panels
7.1.b
Packet Pg. 107
FUNDING MECHANISM
1
Alt. 1 –Shelters w/o Advertising Panels
City’s Local
Prop A Fund
Construction
Cost
(about $1M –
one time)
Maintenance
Cost
(about $100K
each year)
Advertising
Firm
Alt. 2 –Shelters w/ Advertising Panels
City’s Local
Prop A Fund
Construction
Cost
(about $1M –
one time)
Maintenance
Cost
(about $100K
each year)
Cost
Potential
Revenue
Fund
Source
Cost
Source
Legend
*Actual amount currently unknow. It will be known after an RFP process and negotiations.
*
*
7.1.c
Packet Pg. 108
ALTERNATIVE 1-LOGO OPTIONS
•Shelter w/o Ad Panel
Option 1 –Clear-coated Print Option 2 –Custom Perforated Metal Pattern
1
7.1.d
Packet Pg. 109
ALTERNATIVE 2-LOGO OPTIONS
•Shelter w/ V-kiosk Ad Panels
Option 1 –Clear-coated Print Option 2 –Custom Perforated Metal Pattern
2
7.1.d
Packet Pg. 110
SAMPLE LOGO APPLICATIONS
Option 1 –Clear-coated Print Option 2 –Custom Perforated Metal Pattern
3
7.1.d
Packet Pg. 111
SAMPLE LOGO APPLICATIONS
Option 1 –Clear-coated Print Option 2 –Custom Perforated Metal Pattern
4
7.1.d
Packet Pg. 112
Agenda #: 7.2
Meeting Date: November 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 04 (2021): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING AND
RESTATING CHAPTER 8.16 (SOLID WASTE AND RECYCLABLE
MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETY) OF
THE DIAMOND BAR CITY CODE, IMPLEMENTING SB 1383
ORGANIC RECYCLING REGULATIONS.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Introduce for first reading by title only, waive full reading of Ordinance No. 04 (2021),
and schedule for second reading and adoption at the next regularly scheduled City
Council meeting.
FINANCIAL IMPACT:
There is no impact to the General Fund at this time, but there will be future
implementation costs associated with Senate Bill 1383 (SB 1383) which will be
presented to the City Council as those considerations are analyzed. However,
implementation costs are eligible under the City’s Integrated Waste Management
Special Fund.
BACKGROUND:
Organic material such as food waste accounts for approximately 17 to 18 percent of
total material disposed in landfills. The organic waste disposed in landfills can be readily
prevented, recycled, or composted, and accounts for a significant portion of California's
overall waste stream. Increasing food waste prevention, encouraging edible food
rescue, and expanding the composting and in-vessel digestion of organic waste
throughout the State will help reduce methane emissions from organic waste disposed
in California's landfills, as well as extend the life of the landfills.
7.2
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SB 1383 was signed into law on September 19, 2016, to require reduction of organic
waste disposal by 50% by January 2020 and by 75% by 2025. Additionally, SB 1383
requires an increase of 20% in edible food recovery by 2025. SB 1383 is the most
significant waste reduction mandate to be adopted in the State of California in the last
30 years and requires all jurisdictions to implement a mandatory organic recycling
ordinance by January 1, 2022. Such an ordinance must establish mandatory recycling
programs for all businesses, single-family and multi-family residences to capture food
scraps, landscaping waste, and other organic waste materials in order to divert them
from the landfills and meet the reduction targets. Moreover, jurisdictions are required to
enforce diversion requirements and ensure compliance with such programs, including
the establishment and issuance of fines.
DISCUSSION:
The City has a long track record of implementing CalRecycle regulations to ensure both
compliance, but minimize the impacts on the Diamond Bar residential and business
community. SB 1383 continues the recycling mandates imposed in Assembly Bill 1826
(AB 1826), which previously went into effect on April 1, 2016. AB 1826 required any
business generating two (2) or more cubic yards of solid organic waste per week, and
multi-family properties with five or more units, to recycle their organic waste (under AB
1826, multi-family properties are only required to recycle landscape debris).
Additionally, AB 1826 required the City to implement an organic waste recycling
program that included identifying non-compliant businesses that are required to recycle
organic waste and notifying the businesses of these requirements.
The California Department of Resources Recycling and Recovery (CalRecycle) is the
State agency responsible for oversight and administration of the State’s waste and
recycling programs. Since the passage of AB 1826, CalRecycle has held meetings with
City staff and franchise haulers regarding the City’s programs and compliance rates,
and they are continuously monitoring the City’s progress in developing an SB 1383-
compliant ordinance. CalRecycle has prescribed regulations to achieve the State’s
organic waste disposal goals by 2025, and a model ordinance that is compliant with
these regulations has been developed. The City’s amended and restated franchise
agreements, as well as City Code Chapter 8.16 includes the required framework to
implement the model ordinance regulations relating to SB 1383 and organic waste
recycling and disposal.
ANALYSIS
Summary of Senate Bill 1383 and CalRecycle Regulations
SB 1383 provided CalRecycle with broad authority to develop and implement
regulations to achieve the diversion goals for organics materials. As a result, the City
will have to implement the following practices to be considered compliant:
• Provide organic waste recycling services to all residents and businesses – This
item is in progress with many businesses already subscribing to organic services
with Valley Vista.
7.2
Packet Pg. 114
• Inspect and enforce compliance with SB 1383 regulations by adopting an
enforcement ordinance (Attachment 1) – This item is in progress pending
discussion and action by the City Council.
• Implement an edible food recovery program that recovers edible food from the
waste stream – This item is in progress with the City’s two franchise haulers.
• Conduct outreach and education to all affected parties including generators,
haulers, facilities, and edible food recovery organizations - This item is in
progress with the City and Valley Vista providing outreach to the business
community.
• Procure recycled organic waste products like compost, mulch, and renewable
natural gas – This item is in progress.
• Maintain accurate and timely records of SB 1383 compliance for annual reporting
requirements – This item is in progress.
• Impose fines for non-compliance, effective January 2024.
Administrative Enforcement and Compliance
On January 1, 2022, CalRecycle's regulations will become enforceable, and will require
each jurisdiction to adopt a mandatory recycling ordinance. SB 1383 allows cities to
take an educational and non-punitive approach to enforcement for the first two years of
the ordinance being in effect (2022 and 2023). Taking an educational approach will
allow the City and its waste haulers to work with City residents and businesses to inform
and assist them of the organics recycling requirements. Effective no later than January
2024, the City will be required to issue administrative fines to residents and businesses
that are non-compliant. SB 1383 requires the penalties to be $50 to $100 for the first
violation, $100 to $200 for a second violation, and $250 to $500 for a third or
subsequent violation within a one-year period. The attached Ordinance implements the
penalties for infractions already established at Chapter 1.04 of the City Code, which
establishes the fines at $100 for the first violation, $200 for the second violation within a
12-month period, and $500 for a third violation within a 12-month period.
Non-Compliance
While the City fully expects to gain voluntary compliance from residents and
businesses, SB 1383 regulations provide CalRecycle with the ability to engage in
enforcement actions of its own against the City if the designated level of compliance is
not met. These actions may include:
• Conducting more frequent inspections;
• Establishing a schedule for City compliance and a probationary period, requiring
a work plan and that the jurisdiction demonstrates it has sufficient staffing to
implement the requirements of the law; and/or
7.2
Packet Pg. 115
• Imposing administrative penalties against the City of up to $10,000 per day.
The City is in a strong position to meet the requirements set forth in SB 1383. With the
adoption of the proposed ordinance, the City will be one step closer to becoming
compliant with SB 1383 and all CalRecycle regulations.
Ordinance Adoption
SB 1383 requires the City to adopt an enforceable ordinance to compel businesses and
residents to recycle their organic waste and to comply with other requirements of the
regulations. To meet this requirement, the City Code must be updated. It is the intent of
the Ordinance (Attachments 1 and 2) to be compliant with SB 1383, and provide the
residential and business community with options and flexibility to be compliant with the
new CalRecycle regulations. The Ordinance includes the required provisions of SB
1383. To provide Council and the public with the opportunity review changes to the
current City Code, a redline version of the proposed changes is included in Attachment
3.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.2.a Ordinance No. 04 (2021); SB 1383 Organics Recycling
7.2
Packet Pg. 116
2. 7.2.b Exhibit A - SB 1383 Ordinance Amendment
3. 7.2.c SB 1383 Organic Recycling Ord Redlined Version
7.2
Packet Pg. 117
1
ORDINANCE No. 04 (2021)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.16
(SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION) OF
TITLE 8 (HEALTH AND SAFETY) OF THE DIAMOND BAR CITY CODE,
IMPLEMENTING SB 1383 ORGANIC RECYCLING REGULATIONS.
The City Council of the City of Diamond Bar does ordain as follows:
SECTION I. Purpose and Findings.
The City Council of the City of Diamond Bar finds and declares as follows:
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste
Management Act of 1989 (California Public Resources Code Section 40000, et
seq.), requires cities to reduce, reuse, and recycle (including composting) Solid
Waste generated in their jurisdictions to the maximum extent feasible before any
incineration or landfill disposal of waste, to conserve water, energy, and other
natural resources, and to protect the environment.
(b) State recycling law, Assembly Bill 341 of 2011 (which amended Sections 41730,
41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added
Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with
Section 42649) to Part 3 of Division 30 of, and added and repealed Section
41780.02 of, the Public Resources Code), places requirements on businesses and
multi-family residential property owners that generate a specified threshold amount
of solid waste to arrange for recycling services and requires the City to implement
a mandatory commercial recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (which added Chapter
12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public
Resources Code), requires businesses and multi-family residential property
owners that generate a specified threshold amount of solid waste, recycling, and
organic waste per week to arrange for recycling services for that waste, requires
the City to implement a recycling program to divert organic waste from businesses
subject to the law, and requires the City to implement a mandatory commercial
organics recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of
methane. The regulations place requirements on multiple entities including the
City, residential households, businesses and business owners, commercial edible
food generators, haulers, self-haulers, food recovery organizations, and food
recovery services to support achievement of Statewide organic waste disposal
reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the City
to adopt and enforce regulations to implement relevant provisions of SB 1383
7.2.a
Packet Pg. 118
Ordinance No. 04 (2021)
2
regulations. This ordinance is adopted in compliance with the foregoing laws and
regulations.
SECTION II. Code Amendment.
Chapter 8.16 of Title 8 of the Diamond Bar City Code is amended and restated to read
as provided in Exhibit “A” attached hereto and incorporated herein by reference.
SECTION III. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof
be declared invalid or unconstitutional.
SECTION IV. Pursuant to Government Code §36937 this Ordinance shall take
effect 30 days after adoption by the City Council. The City Clerk is directed to certify the
passage and adoption of this Ordinance: cause it to be entered into the City of Diamond
Bar’s book of original ordinances; make a note of the passage and adoption in the records
of this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this __ day of ___________, 2021.
CITY OF DIAMOND BAR:
__________________________
Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the ___ day of ______, 2021, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the ____day of _________,
2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
7.2.a
Packet Pg. 119
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
1
1635739.1
CHAPTER 8.16. - SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION.
DIVISION 1. - PURPOSE AND DEFINITIONS ...................................................................................... 5
Sec. 8.16.010. - Purpose. ..................................................................................................................... 5
Sec. 8.16.020. - Definitions. ................................................................................................................. 6
DIVISION 2. - FRANCHISES ................................................................................................................. 16
Sec. 8.16.030. - Franchise requirement. .......................................................................................... 16
Sec. 8.16.040. - Franchise. ................................................................................................................. 17
Sec. 8.16.050. - City's approval or denial. ........................................................................................ 17
Sec. 8.16.060. - Transfers. ................................................................................................................. 17
Sec. 8.16.070. - Franchise terms. ...................................................................................................... 18
Sec. 8.16.080. - Temporary collection services. ............................................................................. 18
Sec. 8.16.090. - Fees. ......................................................................................................................... 18
Sec. 8.16.100. - Interim suspension. ................................................................................................. 18
Sec. 8.16.110. - Franchise revocation or modification. .................................................................. 19
Sec. 8.16.120. - Notice of hearing on revocation or modification hearing. .................................. 19
Sec. 8.16.130. - City Council decision. ............................................................................................. 19
Sec. 8.16.140. - Cessation of operations. ........................................................................................ 19
DIVISION 3. - SOLID WASTE COLLECTION ..................................................................................... 20
Sec. 8.16.150. - Collector's liability insurance. ................................................................................ 20
Sec. 8.16.160. - Worker's compensation insurance. ...................................................................... 20
Sec. 8.16.170. - City to be free from liability. ................................................................................... 20
Sec. 8.16.180. - Performance guarantees. ...................................................................................... 20
Sec. 8.16.190. - Office for inquiries and complaints. ...................................................................... 21
7.2.b
Packet Pg. 120
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
2
1635739.1
Sec. 8.16.200. - Permits and licenses. ............................................................................................. 21
Sec. 8.16.210. - Responsibility for damages. .................................................................................. 21
Sec. 8.16.220. - City inspection authority. ........................................................................................ 21
Sec. 8.16.230. - Collection rates. ....................................................................................................... 22
Sec. 8.16.240. - Rate adjustments. ................................................................................................... 22
Sec. 8.16.250. - Fees and other charges. ........................................................................................ 22
Sec. 8.16.260. - Billing and payment of collection rates, fees and charges. .............................. 23
Sec. 8.16.270. - Required monthly and annual reports. ................................................................. 24
Sec. 8.16.280. - Collection in emergencies. .................................................................................... 25
Sec. 8.16.290. - Mandatory service. .................................................................................................. 25
Sec. 8.16.300. - Holidays. ................................................................................................................... 25
Sec. 8.16.310. - Collection service requirements. .......................................................................... 26
Sec. 8.16.320. - Frequency of collection. ......................................................................................... 27
Sec. 8.16.330. - Hours of collection. ................................................................................................. 27
Sec. 8.16.340. - Residential containers. ........................................................................................... 28
Sec. 8.16.350. - Commercial containers. ......................................................................................... 28
Sec. 8.16.360. - Care of containers. .................................................................................................. 28
Sec. 8.16.370. - Employees of Collector. ......................................................................................... 28
Sec. 8.16.380. - Trespass. .................................................................................................................. 28
Sec. 8.16.390. - Noise. ........................................................................................................................ 29
Sec. 8.16.400. - Ownership. ............................................................................................................... 29
Sec. 8.16.410. - Collection vehicle identification. ............................................................................ 29
Sec. 8.16.420. - Operation of equipment. ........................................................................................ 29
Sec. 8.16.430. - Compliance with vehicle standards. ..................................................................... 29
Sec. 8.16.440. - Resource recovery. ................................................................................................. 29
7.2.b
Packet Pg. 121
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
3
1635739.1
Sec. 8.16.450. - Diversion requirement. ........................................................................................... 30
DIVISION 4. - LIMITED COLLECTION PERMITS .............................................................................. 30
Sec. 8.16.460. - Limited collection permit requirement. ................................................................. 30
Sec. 8.16.470. - Permit requirement. ................................................................................................ 30
Sec. 8.16.480. - Permit fees. .............................................................................................................. 31
Sec. 8.16.490. - Permit terms. ............................................................................................................ 31
Sec. 8.16.500. - Transfer of permit. ................................................................................................... 31
Sec. 8.16.510. - Denial of permit. ...................................................................................................... 31
Sec. 8.16.520. - Revocation, suspension, appeal. .......................................................................... 31
Sec. 8.16.530. - Prohibited acts. ........................................................................................................ 31
Sec. 8.16.540. - Additional permitee obligations. ............................................................................ 31
DIVISION 5. - SOLID WASTE ACTIVITIES AND EXCLUSIONS ..................................................... 32
Sec. 8.16.550. - Placement of containers for collection. ................................................................ 32
Sec. 8.16.560. - Prohibited acts. ........................................................................................................ 33
Sec. 8.16.570. - Backyard residential composting. ......................................................................... 34
Sec. 8.16.580. - Self-haulers. ............................................................................................................. 35
Sec. 8.16.590. - Gardener's exclusion. ............................................................................................. 35
Sec. 8.16.600. – Organic Waste Self-hauler requirements. .......................................................... 35
Sec. 8.16.610. - Commercial recycler exclusion for source-separated recyclables. ................. 36
Sec. 8.16.620. – Organic Waste Waivers ........................................................................................ 36
Sec. 8.16.630. – Requirements for Single-family Organic Waste Generators ........................... 37
Sec. 8.16.640– Requirements for Commercial Businesses .......................................................... 38
Sec. 8.16.650. – Organic Waste Haulers ......................................................................................... 41
Sec. 8.16.660. – Organic Waste Facility operators ........................................................................ 41
Sec. 8.16.670. – Organic Waste Commercial Edible Food Generators. ..................................... 42
7.2.b
Packet Pg. 122
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
4
1635739.1
Sec. 8.16.680. – Food recovery organizations and services; regional agencies. ...................... 43
Sec. 8.16.690. – Compliance with CalGreen Recycling Requirements....................................... 44
Sec. 8.16.700. – Compliance with Landscape Water Efficiency Ordinance Requirements. .... 45
Sec. 8.16.710. – Inspection and investigation. ................................................................................ 46
DIVISION 6. - CONSTRUCTION AND DEMOLITION WASTE ........................................................ 47
Sec. 8.16.720. - Construction or demolition waste. ........................................................................ 47
Sec. 8.16.730. - Covered projects. .................................................................................................... 47
Sec. 8.16.740. - Construction/demolition contractor self-haul permit. ......................................... 48
Sec. 8.16.750. - Deposit required for covered projects. ................................................................. 48
Sec. 8.16.760. - Condition precedent to issuance of building or demolition permit. .................. 49
Sec. 8.16.770. - Revocation. .............................................................................................................. 49
Sec. 8.16.780. - Records. ................................................................................................................... 49
Sec. 8.16.790. - Reporting. ................................................................................................................. 49
Sec. 8.16.800. - Monitoring responsibility of director...................................................................... 49
Sec. 8.16.810. - Permitted waste. ...................................................................................................... 50
Sec. 8.16.820. - Implementing regulations. ...................................................................................... 50
DIVISION 7. - ENFORCEMENT ............................................................................................................ 50
Sec. 8.16.830. - Penalty for violation of chapter. ............................................................................ 50
Sec. 8.16.840. - Enforcement............................................................................................................. 50
Sec. 8.16.850. - City prosecutor and city attorney enforcement authority. ................................. 51
Sec. 8.16.860. - Civil action by authorized recycling agent. .......................................................... 52
Sec. 8.16.870. - Removal of unauthorized Container in the public right-of-way. ....................... 52
7.2.b
Packet Pg. 123
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
5
1635739.1
DIVISION 1. - PURPOSE AND DEFINITIONS
Sec. 8.16.010. - Purpose.
(a) This chapter is adopted in accordance with Article XI, § 7 of the California Constitution
and the California Integrated Waste Management Act of 1989 (Public Resources Code §
40000 et seq., as amended from time to time, hereinafter “AB 939”), for the purpose of
regulating collection and disposal of solid waste and regulating recycling activities in
order to protect the public health, safety, and well-being, control the spread of vectors,
promote diversion and reduce the waste stream directed to landfills and limit sources of
air pollution, noise and traffic within the City.
(b) The City is obligated by AB 939 to implement plans for solid waste source reduction,
reuse, and recycling (including composting) to meet specified achievement milestones.
(c) State recycling law, Assembly Bill 341 of 2011 requires businesses and Multi-Family
property owners that generate a specified threshold amount of Solid Waste to arrange
for recycling services and requires jurisdictions to implement a Mandatory Commercial
Recycling program.
(d) State organics recycling law, Assembly Bill 1826 of 2014 requires businesses and Multi-
Family property owners that generate a specified threshold amount of Solid Waste,
Recycling, and Organic Waste per week to arrange for recycling services for that waste,
requires the City to implement a recycling program to divert Organic Waste from
businesses subject to the law, and requires the City to implement a Mandatory
Commercial Organics Recycling program.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California
Department of Resources Recycling and Recovery (CalRecycle) to develop regulations
to reduce organics in landfills as a source of methane. The regulations place
requirements on multiple entities including the City, residential households, Commercial
Businesses and business owners, Commercial Edible Food Generators, haulers, Self-
Haulers, Food Recovery Organizations, and Food Recovery Services to support
achievement of Statewide Organic Waste disposal reduction targets.
(f) SB 1383 further requires the City to adopt and enforce an ordinance to implement
relevant provisions of SB 1383 Regulations. The ordinance amending this chapter will
also help reduce food insecurity by requiring Commercial Edible Food Generators to
arrange to have the maximum amount of their Edible Food, that would otherwise be
disposed, be recovered for human consumption.
(g) Pursuant to the California Constitution, the City is authorized to enact ordinances to
protect the public health, safety, and welfare. Pursuant to Public Resources Code
Section 40059, aspects of solid waste handling of local concern include, but are not
limited to, the frequency of collection, means of collection and transportation, level of
7.2.b
Packet Pg. 124
EXHIBIT A
MUNICIPAL CODE ORDINANCE No. XX (2021)
6
1635739.1
service, charges and fees, and whether solid waste services are to be provided by
means of non-exclusive, partially exclusive, or wholly exclusive franchise, contract,
license or permit, and the terms and conditions of such franchise, license or permit.
Sec. 8.16.020. - Definitions.
The following words and phrases, for the purposes of this chapter, are defined as provided
below. Certain definitions shall have the same meaning as established in AB 939, the California
Integrated Waste Management Act of 1989, as amended from time to time, and the regulations
CalRecycle codified at Title 14 of the California Code of Regulations, Division 7 (commencing
with Section 17000), as amended from time to time, which definitions shall take precedence to
be consistent with State law and regulations.
AB 939 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 cubic
yards.
Blue Container means a Container where either: (a) the lid of the Container is in blue color, or
(b) the body of the Container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a Blue Container may be any color. Blue Containers
shall be used for the purpose of storage and collection of Source Separated Recyclable
Materials, which includes non-putrescible and non-hazardous recyclable wastes such as cans,
metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Brown Container means a Container where either (a) the lid of the Container is brown in color,
or (b) the body of the Container is brown in color and the lid is either brown, gray, or black in
color. Hardware such as hinges and wheels on a Brown Container may be any color. Brown
Containers shall be used for the purpose of storage and collection of Food Waste when
additional segregation of Source Separated Organic Waste is required.
Bulky Items means solid waste that cannot typically be accommodated within the solid waste
Container at the premises including without limitation: Furniture (including chairs, sofas,
mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water
heaters, dishwashers, plumbing, small household appliances and other similar items); unusually
large amounts of yard debris and green waste and small pieces of wood; and clothing. Bulky
Items do not include car bodies, construction and demolition waste or items requiring more than
two persons to remove, or as otherwise provided in a franchise agreement. Electronic waste
may be collected as Bulky Items if provided for in a franchise agreement.
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California Code of Regulations or CCR means the State of California Code of Regulations. CCR
references in this chapter are preceded with a number that refers to the relevant Title of the
CCR (e.g., “14 CCR” refers to Title 14 of CCR).
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 the City.
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 Business or Commercial means a firm, partnership, proprietorship, joint-stock
company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility,
or a multifamily residential dwelling. A Multi-Family Residential Dwelling that consists of fewer
than five (5) units is not a Commercial Business for purposes of implementing this chapter.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined below. For the purposes of this definition, Food Recovery Organizations
and Food Recovery Services are not Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000
square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
B. Tier Two Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or
greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms.
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(3) Health facility with an on-site Food Facility and 100 or more beds.
(4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility.
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. 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.
Community Composting means any activity that composts green material, agricultural material,
food material, and vegetative food material, alone or in combination, and the total amount of
feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750
square feet.
Compost means the product resulting from the controlled biological decomposition of organic
Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are
separated at a centralized facility.
Construction/demolition hauler means any person or entity that collects construction or
demolition waste for disposal at a facility that accepts construction and demolition waste for
reuse or recycling pursuant to a limited collection permit issued under this chapter.
Construction/demolition waste means solid waste generated at the premises that is directly
related to construction, remodeling or demolition activities occurring thereon including without
limitation, any material generally considered to be not water soluble and non -hazardous in
nature, such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber,
rocks, soils, tree remains, trees, and other vegetative matter generated by and discarded in
conjunction with a covered construction project.
Construction permittee means any person that applies for and receives a building, grading or
demolition permit to undertake a construction, remodeling or demolition project covered within
the City.
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Construction, remodeling or demolition project means any alteration to a building, structure or
landscaping that requires a building, grading or demolition permit in accordance with the
Municipal Code.
Container means any Bin, solid waste Container, vessel, can or other receptacle used for the
temporary accumulation and collection of solid waste.
Covered construction project or covered project means any construction, remodeling or
demolition project that is not exempt pursuant to section 8.16.730 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
manner authorized by law, where the waste is not recycled or reused.
Divert, diverted and diversion means any combination of waste prevention, source reduction,
recycling, reuse, composting and transformation activities that reduces waste disposed at
landfills, provided such activities are recognized by the California Department of Resources,
Recovery and Recycling ("CalRecycle") as diversion in its determination of the City's diversion
rate and compliance with AB 939. The amount of transformation tonnage that will be considered
toward a diversion requirement may be limited in a franchise agreement.
Diversion requirements means the obligations imposed by or upon the City pursuant to state
law, ordinance, resolution, policy, plan or program relative to diverting from landfills all, or a
portion, of the solid waste stream generated within the City including, without limitation, state
mandates to divert a specified percentage of the solid waste generated within the City's
jurisdiction, found at Public Resources Code § 41780, as amended.
Edible Food means food intended for human consumption. For the purposes of this chapter,
Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this chapter
requires or authorizes the Recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code.
Electronic waste (E-Waste) means any discarded electronic product, equipment, 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 discarded electronic equipment with some circuitry such
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as microwave ovens, stereos, VCR's, DVD players, radios, audio/visual equipment, and other
similar items not containing cathode ray tubes (CRTs). E-waste also includes 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.
Food Distributor means a company that distributes food to entities including, but not limited to,
Supermarkets and Grocery Stores.
Food Recovery means actions to Collect and distribute food for human consumption that
otherwise would be disposed.
Food Recovery Organization means an entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food Generators and distributes that Edible Food to the public for
Food Recovery either directly or through other entities, including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code;
(2) A nonprofit charitable organization as defined in Section 113841 of the Health
and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter.
Food Recovery Service means a person or entity that collects and transports Edible Food from
a Commercial Edible Food Generator to a Food Recovery Organization or other entities for
Food Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the
purposes of this chapter.
Food Service Provider means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on contractual
arrangements with these types of organizations.
Food Waste means all of the following:
(1) Food Scraps, including all food such as, but not limited to, fruits, vegetables,
meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food Scraps excludes fats, oils, and grease when such materials are
Source Separated from other Food Scraps; and
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(2) Food-Soiled Paper, including compostable paper material that has come in
contact with food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons; and
(3) Compostable Plastics, including plastic materials that meet the ASTM D6400
standard for compostability.
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.
Gray Container means a Container where either: (a) the lid of the Container is gray or black in
color, or (b) the body of the Container is entirely gray or black in color and the lid is gray or black
in color. Hardware such as hinges and wheels on a Gray Container may be any color. Gray
Containers shall be used for the purpose of storage and collection of Gray Container Waste.
Gray Container Waste means Solid Waste that is collected in a Gray Container that is part of a
three-Container Organic Waste collection service that prohibits the placement of Organic Waste
in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b).
Green Container means a Container where either: (a) the lid of the Container is green in color,
or (b) the body of the Container is green in color and the lid is green, gray or black in color.
Hardware such as hinges and wheels on a Gray Container may be any color. Green Containers
shall be used for the purpose of storage and collection of Source Separated Green Container
Organic Waste.
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 inches in
diameter or 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.
Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods;
fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately
owned within the store where the food is prepared and served, including a bakery, deli, and
meat and seafood departments.
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,
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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.
Hazardous waste means any substance or waste materials or mixture of wastes defined as
"hazardous," a "hazardous substance" or "hazardous waste" pursuant to Calif ornia Public
Resources Code § 40141, California Health and Safety Code § 25501, § 25501.1, § 25249.8
and § 25281, or identified and listed as hazardous waste by the U.S. Environmental Protection
Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §
6901, et seq.), or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all
rules and regulations promulgated thereunder, or as otherwise defined by the EPA, the
California legislature, the CalRecycle, the Department of Toxic Substances Control or other
agency of the United States Government or the State of California empowered by law to classify
or designate waste as hazardous. If there is a conflict in the definitions employed by two or
more agencies having jurisdiction over hazardous or solid waste, the term "hazardous
substance" or "hazardous waste" shall be construed to have the broader, more encompassing
definition.
High Diversion Organic Waste Processing Facility means a facility that is in compliance with the
reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average
Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR
Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection
stream” as defined in 14 CCR Section 17402(a)(11.5).
Inspection means a site visit where the City reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine if the entity is complying with requirements set forth in this chapter.
Large Event means an event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an average of more
than 2,000 individuals per day of operation of the event, at a location that includes, but is not
limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or
other open space when being used for an event.
Large Venue means a permanent venue facility that annually seats or serves an average of
more than 2,000 individuals within the grounds of the facility per day of operation of the venue
facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a
venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated
stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium,
airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other
public attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7,
Chapter 12, a site under common ownership or control that includes more than one Large
Venue that is contiguous with other Large Venues in the site, is a single Large Venue.
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Local Education Agency means a school district, charter school, or county office of education
that is not subject to the control of City or county regulations related to Solid Waste.
Mixed Waste Organic Collection Stream or Mixed Waste means Organic Waste collected in a
Container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a
High Diversion Organic Waste Processing Facility.
Multi-Family Residential Dwelling or Multi-Family means of, from, or pertaining to residential
premises with five (5) or more dwelling units. Multi-Family premises do not include hotels,
motels, or other transient occupancy facilities, which are considered Commercial Businesses.
Notice means notice sent by first-class certified mail, facsimile or email delivery if agreed to by
the parties under a franchise agreement.
Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass.
Organic Waste means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape and
pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing
paper, manure, biosolids, digestate, and sludges.
Organic Waste Generator means a person or entity that is responsible for the initial creation of
Organic Waste.
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.
Prohibited Container Contaminants means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the Blue Container; (ii) discarded materials placed in the Green Container that are not identified
as acceptable Source Separated Green Container Organic Waste for the Green Container; (iii)
discarded materials placed in the Brown Container that are not identified as acceptable Source
Separated Food Waste for the Brown Container; (iv) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials and/or Source Separated
Green Container Organic Wastes to be placed in the Blue Container, Green Container, and/or
Brown Container; and, (iv) Excluded Waste placed in any Container.
Public Works Director or director means the Diamond Bar Public Works Director or the designee
of that individual.
Recovery or Organic Waste Recovery means any activity or process described in 14 CCR
Section 18983.1(b).
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Recyclable materials or recyclables means source separated materials that are intended for
recycling and/or capable of being recycled. For the purpose of collection of recyclable materials
through a Collector, recyclable materials shall be limited to those materials identified in the
Collector’s contract with the City as acceptable recyclable materials.
Recycling means the processing of recyclable materials for the purpose of returning them to the
economy in the form of raw materials for new, reused, or reconstituted products. The collection,
transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling.
Recycling includes the activities of an electronic waste recycler and a green waste processing
facility.
Remote Monitoring means the use of the internet of things (IoT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
Residential premises or residential property means premises upon which dwelling units exist,
including, without limitation, single-family dwellings, multi-family dwellings requiring residential
solid waste containers to accommodate the waste generated on the premises, apartments,
boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second
units, and group homes on residential premises (as that 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.
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for
on-premises or immediate consumption.
Roll-off box means solid waste collection containers of ten cubic yards or larger.
Self-Hauler means a person, who hauls Solid Waste, Organic Waste or recyclable material he
or she has generated to another person. Self-hauler also includes a person who back-hauls
waste. Back-haul means generating and transporting Organic Waste to a destination owned and
operated by the generator using the generator’s own employees and equipment.
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.
Single-Family means of, from, or pertaining to any residential premises with fewer than five (5)
units.
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Solid Waste has the same meaning as defined in State Public Resources Code Section 40191,
which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition
and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous
waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and
semisolid wastes, with the exception that Solid Waste does not include any of the following
wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law
(Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the
State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources Code.
(4) Abandoned vehicles or parts thereof.
Solid waste collection services or collection services means the collection, transportation,
storage, transfer, disposal, diversion or processing of solid waste by a Collector.
Solid waste enterprise means any person, partnership, joint venture, unincorporated private
organization or private corporation regularly engaged in the business of providing solid waste
collection services.
Source Separated means materials, including commingled recyclable materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or processing those materials for recycling or reuse in or der to
return them to the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be used in the
marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this
chapter, Source Separated shall include separation of materials by the generator, property
owner, property owner’s employee, property manager, or property manager’s employee into
different containers for the purpose of collection such that Source Separated materials are
separated from Gray Container Waste/Mixed Waste or other Solid Waste for the purposes of
collection and processing.
Source Separated Green Container Organic Waste means Source Separated Organic Waste
that can be placed in a Green Container that is specifically intended for the separate collection
of Organic Waste by the generator, excluding carpets, Non-Compostable Paper, and textiles.
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Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables.
SRRE means the source reduction and recycling element of the integrated waste management
document for the City prepared and updated pursuant to the California Public Resources Code.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items.
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 those discarded wastes listed in Title 22, Section 66261.9 of the
California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes,
non-empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and
batteries containing cadmium copper or mercury.
Waste disposal facility or facility means any landfill, transfer station, incinerator, land
reclamation project, or other similar site or facility which is used or intended to be used for the
transfer, consolidation, processing or disposal of solid waste.
Weight tickets/invoices means receipts provided by a waste disposal or recycling facility
reflecting the net amount of solid waste disposed of by a Collector at a collection location.
Wholesale Food Vendor means a business or establishment engaged in the merchant
wholesale distribution of food, where food (including fruits and vegetables) is received, shipped,
stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
DIVISION 2. - FRANCHISES
Sec. 8.16.030. - Franchise requirement.
(a) The City Council may authorize, by franchise, a solid waste enterprise to provide solid
waste collection services for customers at residential and commercial premises. In the sole
discretion of the City Council, the collection services may be authorized on an exclusive or
nonexclusive basis, with or without competitive bidding, and may relate to any class or type of
solid waste within all or any part of the territory of the City.
(b) Except as otherwise provided for in this chapter, no person shall Collect and/or dispose of
solid waste in the City without having first been awarded a solid waste collection franchise and
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entered into a franchise agreement with the City. All such collectors shall comply with all of the
requirements of this chapter. The City retains the rights and power that it has under applicable
laws and nothing in a franchise agreement may be construed to waive any of the City's
governmental rights or police powers.
Sec. 8.16.040. - Franchise.
(a) The nature, scope of services, party obligations and restrictions, term and duration of the
franchise shall be set forth in a franchise agreement entered into between a Collector and City,
and the agreement may also include any requirements, conditions, policies and procedures as
may be mutually agreed upon by the parties to the franchise agreement and which will, in the
judgment and discretion of the City Council, best serve the public interest and protect the public
health, safety and welfare.
(b) The City and Collector may mutually agree to extend the franchise term on such terms
and rates as the parties may agree. Nothing contained in this chapter shall obligate the City to
extend the term of any franchise.
Sec. 8.16.050. - City's approval or denial.
(a) If the City Council finds that it is in the public interest to issue a solid waste franchise, the
City Council may approve a franchise and the corresponding agreement, and the applicant shall
be entitled to exercise all of the franchise rights provided for therein upon its written acceptance
of the terms and conditions in the agreement.
(b) No solid waste enterprise shall be awarded a franchise for the collection of solid waste
unless the enterprise successfully demonstrates it has sufficient equipment available to meet
the dates and 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.
Sec. 8.16.060. - Transfers.
Except as otherwise set forth in a franchise agreement, any assignment or transfer of the
franchise without the City's prior written approval is ineffective, will make a solid waste franchise
subject to revocation and to any other remedies available under this chapter, and will be
considered to impair the City's assurance of due performance. The granting of approval for a
transfer in one instance will not render unnecessary approval of any subsequent transfer. This
restriction includes the sale of the franchise, relinquishment of the franchise or transfer of
ownership of the franchise or the conveyance of the Collector's stock to a new controlling
interest. The City may, in its discretion, require a transfer fee, in an amount set forth in the
franchise agreement.
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Sec. 8.16.070. - Franchise terms.
Any franchise awarded pursuant to this chapter shall be for an initial term of not more than ten
years, with the possibility of renewal at the option of the City Council.
Sec. 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.
Sec. 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.
Sec. 8.16.100. - Interim suspension.
(a) The City Manager, without a hearing, may suspend a franchise for not more than 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 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.
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(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 calendar days prior to the hearing. The City Council may affirm
the action of the manager, refer the matter back to the manager for further consideration, or
overturn the decision of the City Manager. The council may terminate the interim suspension or
extend the period of the interim suspension and/or may initiate proceedings for revocation of the
franchise. The council shall base its action upon the standards delineated in subsection (a)
above and section 8.16.110 below.
Sec. 8.16.110. - Franchise revocation or modification.
(a) After a hearing, the City Council may revoke; modify the rights, obligations and conditions
of a franchise; or impose a penalty on the Collector in an amount provided for in the franchise
agreement if a Collector has violated any provision of this chapter, the franchise agreement or
any other applicable law, ordinance, or regulation related to the collection se rvices 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.
Sec. 8.16.120. - Notice of hearing on revocation or modification hearing.
The City shall serve a written notice of the City Council franchise revocation or modification
hearing on a Collector not less than 15 calendar days prior to such hearing.
Sec. 8.16.130. - City Council decision.
The City shall serve written notice to a Collector of the City Council's ruling and such notification
shall be made within ten 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.
Sec. 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 45 calendar days after notice of revocation.
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DIVISION 3. - SOLID WASTE COLLECTION
Sec. 8.16.150. - Collector's liability insurance.
(a) A Collector must obtain comprehensive general and automobile liability insurance
acceptable to the City attorney insuring a Collector against death, bodily injury, property
damage and automobile liability arising out of or in any way connected with the Collector's
activities. The insurance shall be in an amount set forth in the franchise agreement, name the
City of Diamond Bar and its officers, employees and agents as additional insureds, and state
that it shall not be canceled or modified without first giving to City written notice as provided in
the franchise agreement. Such insurance shall be primary and noncontributing with respect to
any other insurance available to the City and will include a cross-liability clause requiring the
insurer to protect each insured separately. A copy of the policy or certificate of insurance along
with all necessary endorsements, in a form approved by the City attorney, shall be filed with the
City Manager before the hauler is authorized to Collect or otherwise transport solid waste under
the franchise.
(b) Suspension, cancellation, or termination of the insurance by the provider without obtaining
substitute insurance meeting the requirements of subsection (a) above shall be grounds for
immediate suspension of the franchise until new insurance is provided, and a Collector shall be
liable to the City for any and all damages suffered by the City arising out of such suspension,
cancellation or termination.
Sec. 8.16.160. - Worker's compensation insurance.
A Collector shall at all times provide, at its own expense, workers' compensation insurance
coverage for all of its employees as required under state law and shall file and maintain a
certificate with the manager showing said insurance to be in full force and effect.
Sec. 8.16.170. - City to be free from liability.
Every franchise agreement and limited collection permit shall include an indemnification
provision whereby the franchisee or permitee agrees to indemnify the City against liability from
claims that arise out of the solid waste collection services.
Sec. 8.16.180. - Performance guarantees.
(a) The City may require a Collector to file a surety bond, letter of credit, and/or a certificate of
deposit prior to the effective date of the franchise to guarantee the faithful compliance with this
chapter and the franchise agreement. Such bond, letter of credit or certificate shall remain in
force during the life of the agreement and all renewals thereof.
(b) In the event of suspension, cancellation, or termination of the bond, letter of credit or
certificate by the issuer, the franchise shall be immediately suspended until a new guarantee
mechanism is provided to the satisfaction of the City Manager, and a Collector shall be liable to
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the City for any and all damages suffered by the City arising out of such suspension,
cancellation or termination.
Sec. 8.16.190. - Office for inquiries and complaints.
A Collector shall maintain an office at some fixed location and shall maintain a telephone line at
the office, listed in the current telephone directory and online at the Collector's website, in the
firm name by which it conducts business in the City, and shall, during the days and times
provided for in the franchise agreement, have an employee or agent at said office to answer
inquiries and receive complaints. In addition, inquiries and complaints may also be handled by
email if provided for in the franchise agreement.
Sec. 8.16.200. - Permits and licenses.
A Collector shall obtain all applicable permits and licenses required by any federal, state or local
agency.
Sec. 8.16.210. - Responsibility for damages.
(a) Any Collector, or person providing solid waste collection services or operating a solid
waste enterprise in the City shall be responsible for damages caused as a result of its acts or
omissions including, without limitation, injuries or death to any person or damage to public or
private property.
(b) Except as provided in the franchise agreement for normal wear and tear, a Collector shall
be responsible, at the Collector's sole expense, for any physical damage to private or public
property caused by the negligent or willful acts or omissions of Collector's employees, agents,
volunteers, or other individuals providing the services set forth in the franchise.
Sec. 8.16.220. - City inspection authority.
To the extent required by law and as set forth in a franchise agreement, any Collector providing
collection services or operating a solid waste enterprise in the City shall keep and maintain
books of account, income statements, tonnage reports, weight tickets, customer lists, billing
records, maps, AB 939 compliance records, and customer complaints and other like materials
and documents of the Collector which relate to the Collector's compliance with the provisions of
this chapter or relate in any way to business transactions conducted by the person in the City
during the entire term, including renewals, of the agreement and for a period of at least five
years after said service was provided, or for any longer period required by law or the franchise
agreement. Any Collector shall make these records and documents available to the City upon
request upon five 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 20 miles of Diamond Bar City Hall if outside Los Angeles County, or by delivering such
records to Diamond Bar City Hall.
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Sec. 8.16.230. - Collection rates.
(a) A charge for the collection of solid waste shall be imposed on each customer to whom
collection service is made available. The maximum rate and any adjustments thereto shall be
agreed upon by the Collector and the City in the agreement and in accordance with any
applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to
Collector from the customer of the premises to which the collection service is made available.
(b) For residential premises, the maximum rate shall be developed in compliance with
applicable state law, assuming standard containers of 64-gallon capacity. Different size
containers may be supplied upon customer request, and a maximum monthly rate shall also be
established that accounts for the size differential.
(c) A Collector shall offer a reduction in collection rates to any senior citizen and any disabled
customer of a residential premises who receives collection services at his or her personal
residence. This discount is applicable to all services rendered by the Collector and the amount
of the reduction shall be as specified in the franchise agreement.
Sec. 8.16.240. - Rate adjustments.
A Collector shall provide each customer, at least 60 days in advance of the beginning of a billing
period, written notice of the implementation of changes in any of its rates and charges. All rate
adjustments shall be made in accordance with the agreement and any applicable provisions of
state law or this Code.
Sec. 8.16.250. - Fees and other charges.
(a) Except as otherwise provided by federal, state or local laws, this chapter or other City
Council authorized restrictions, all fees and charges applicable to this chapter shall be
established by City Council resolution.
(b) Pursuant to Public Resources Code §§ 41900 et seq., as amended, the City may levy fees
upon collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable materials and/or green waste
planning, and for access to collection service, for collection service, inspection, auditing, transfer
and disposal and the planning for and response to releases and spills of solid wastes which
have the characteristics of hazardous wastes. Such fees may include charges for the use of
waste disposal facilities and may include costs of preparing and implementing source reduction
and recycling elements, household hazardous waste elements and i ntegrated 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 30 calendar days after the close of each quarter of the Collector's fiscal
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year, or such other times as may be set forth in the franchise agreement. The Collector shall
pay or collect, as the case may be, an AB 939 administrative fee, as may be established in
accordance with state law.
Sec. 8.16.260. - Billing and payment of collection rates, fees and charges.
Billing and payment procedures are as 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
fees, charges for additional containers, reductions and other special services covered under this
chapter.
(b) The City may, at the City's sole option, collect fees for residential collection services
through a parcel charge by causing fees to be placed on the Los Angeles County Tax Rolls
through procedures established by the Los Angeles County Tax Collector. Should the City
institute a parcel charge, the Collector shall be paid for each residential unit or premises served
according to a payment schedule as set forth by a separate resolution of the City Council.
(c) Notwithstanding any other provision of this chapter, the City Council, in its sole discretion,
may collect delinquent fees owed pursuant to this chapter by placement of the fees on the
property tax rolls, pursuant to the provisions of this section. The City Council, in its sole
discretion, may collect delinquent fees pursuant to this section from all property owners, or only
from residential premises, and/or commercial premises. Should the City Council elect to apply
the provisions of this section, the following procedures shall be followed:
(1) Any customer who, as of June 1 of any given year, is delinquent as to any charges
or penalties due as of March 31 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 1
to be included as an additional assessment for the respective affected parcel on the
county property tax rolls. At the time of such written notification, a penalty shall be added
to the delinquent account to cover the administrative costs of such procedure. Any
owner whose property is so affected shall have the right to appear before the council
when it deliberates on the matter.
(2) The City Council shall consider the matter at a public hearing.
(3) The council may also consider at the hearing requests for waivers or adjustments
of the delinquent charges or penalties. Requests for such waivers or adjustments shall
be considered only if timely made, and if accompanied by sufficient information and
documentation to permit the director of finance to make a determination of whether
cause exists to justify a waiver or adjustment. The council may determine that the fees
or penalties owed by any property owner should be waived or adjusted, for any of the
following reasons:
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(a) Property ownership change.
(b) Vacant units not requiring service.
(c) Demolition of units during a service quarter.
(d) Condemnation actions against the property.
(e) Incorrect mailing address.
(f) Incorrect ownership information.
(g) Other similar conditions and reasons creating circumstances beyond the
reasonable control of the property owner.
(4) The county auditor shall enter each assessment on the county tax roll for the
parcel of land affected. The amount of the assessment shall be collected at the time and
in the manner of ordinary municipal taxes. If delinquent, the amount shall be subject to
the same penalties and procedures of foreclosure and sale provided for ordinary
municipal taxes. As an alternative method, the county tax collector, in his discretion, may
collect the assessments without reference to the general taxes, by issuing separate bills
and receipts for the assessments. Laws relating to the levy, collection and enforcement
of county taxes shall apply to such special assessment fees.
Sec. 8.16.270. - Required monthly and annual reports.
(a) A Collector shall provide the City separate monthly and annual tonnage and information
reports in an amount, form and on dates set forth in the franchise agreement.
(b) The Collector shall provide the City two copies of all reports, or other material adversely
affecting the Collector's status under this chapter, including, but not limited to, reports submitted
by the Collector to the Environmental Protection Agency, CalRecycle, or any other federal or
state agency. Copies shall be submitted to City simultaneously with the Collector's, filing of such
matters with such agencies.
(c) The Collector shall submit to the City copies of all notices of lawsuits, applications,
notifications, communications and documents of any kind, submitted by the Collector to, as well
as copies of all decisions, correspondence and actions by, any federal, state and local courts,
regulatory agencies and other government bodies relating specifically to the Collector's
performance of services pursuant to this chapter. Any confidential data exempt from public
disclosure shall be retained in confidence by the City to the extent permitted by law.
(d) All reports and records required under this or any other section of this Code, the
agreement or state or federal law shall be furnished at the sole expense of the Collector.
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Sec. 8.16.280. - Collection in emergencies.
Except as otherwise provided in the force majeure provisions of a franchise agreement, in the
event that the collection, transportation and/or disposal services of a Collector are temporarily
interrupted or discontinued due to riots, wars, civil disturbances, explosion, natural disasters
such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances
or other catastrophic events which are beyond the reasonable control of a Collector, for a period
of more than 72 hours, and if as a result thereof, solid waste should accumulate in the City to
such an extent, in such a manner, or for such a time that the City Manager should find that such
accumulation endangers or menaces the public health, safety or welfare, the City shall have the
right, upon 24-hour prior written notice to a Collector, during the period of such emergency, to
issue limited permits to private persons, corporations or other solid waste enterprises to perform
any of the services regulated by this chapter.
Sec. 8.16.290. - Mandatory service.
Except as otherwise provided in this chapter:
(a) All solid waste collected from residential or commercial premises for a fee, service charge
or other consideration, shall be collected by a solid waste enterprise under the provisions of a
franchise awarded by the City Council.
(b) No person shall Collect any solid waste from any commercial premises or residential
premises within the City, place a Container, or other receptacle for solid waste at any premises
within the City, or Collect, transfer, or remove solid waste within the City, unless that person
holds a franchise or limited collection 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 section 8.16.550(f), permitted self-hauling,
donation of recyclables, and construction/demolition waste activities.
Sec. 8.16.300. - Holidays.
If the day of collection on any given route falls on a holiday observed by the City or waste
disposal facility to which waste or recyclables collected within the City are taken for disposal, the
Collector shall provide collection service for such route on the next workday following such
holiday and the collection days for the remainder of that week shall all be postponed one
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collection day, unless otherwise provided in the agreement or this cha pter. The following
holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day, and any other day designated as such in a contract
between a Collector and the labor union serving as the 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.
Sec. 8.16.310. - Collection service requirements.
A franchised Collector shall provide the following specific services as described in subsections
(a) through (i) of this section. These services shall be in addition to any requirements,
conditions, policies and procedures as may be established by resolution of the City Council from
time to time hereafter or in an agreement. In the event that the City grants more than one
franchise, the following services may be allocated amongst all of the collectors.
(a) A Collector, at the Collector's sole expense, shall prepare and implement a multilingual
public education and information program. This program shall, at a minimum: Familiarize
residents, property managers, business owners/managers, and designated institutional
representatives with essential waste reduction and recycling concepts, explain the benefits of
recycling and composting (if applicable), and explain the purpose and the manner of the City's
recycling, green waste services, composting, organic waste recycling, and disposal and
recycling for electronic waste.
(b) Collectors shall Collect, transport and recycle as mulch all holiday trees that are placed at
the curbside, from residential premises within the City during the period beginning on the first
Monday following Christmas and ending on the third Monday in January, or such other period as
may be agreed to in the franchise agreement.
(c) A Collector at the Collector's sole expense shall provide, at a minimum, four free curbside
collections of Bulky Items per year to all residential premises, either on days of the month
selected by the Public Works Director, 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 persons. Collector shall make a good faith effort to reuse or
recycle Bulky Items and shall only dispose of these items if necessary. E-waste shall only be
disposed of in appropriate facilities, capable of handling the waste in a manner required by law.
(d) A Collector, at the City's sole option, shall provide upon request solid waste collection and
recycling services to all public facilities (i.e., city hall, City parks, etc.) at no charge to the City.
(e) A Collector shall, at no additional charge, provide on-demand collection of illegally
dumped bulky goods within one business day of the City's request, unless a different time is set
forth in the franchise agreement. If the City issues more than one franchise, the collectors may
provide this service according to a rotational schedule established by the Public Works Director.
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(f) A Collector shall, at no additional charge, provide containers suitable to store all necessary
supplies and equipment that may be needed in the event of a disaster to the City and all public
schools within the City. The size, location and number of containers shall be determined in the
franchise agreement.
(g) A Collector for residential premises shall provide, at a customer's request and at no
additional charge, manual carryout collection service to any disabled occupant of a single-family
unit who is not able to place his or her containers at the curb due to a physical disability.
(h) All collectors shall provide recyclable materials collection services. These services shall be
conducted as specified in the franchise agreement. A Collector shall report to the City and
maintain disposal and diversion records. Nothing in this chapter shall limit the right of any
person to donate, sell, or otherwise dispose of his or her recyclable materials.
(i) A Collector shall implement an organic waste and green waste collection program for all
residential and commercial premises. Organic and green waste shall be placed for collection in
the manner set forth in this chapter and in an agreement.
Sec. 8.16.320. - Frequency of collection.
(a) A Collector shall Collect and dispose of all solid waste placed for collection in compliance
with this chapter from each customer at least once during each calendar week, or more
frequently if required to handle the waste stream of the premises. Routes of collection shall be
so arranged that collection from any premises will be made on the same days of each week. A
Collector shall possess a sufficient number of vehicles including spares to maintain the
collection schedule at all times.
(b) A Collector shall submit to City its proposed collection schedule for the ensuing calendar
year. The franchise agreement shall set forth the time and frequency for submitting the
schedule. The schedule shall indicate all regularly scheduled collection days which fall on a
holiday and the collection day for which it is proposed to be substituted (if any) so as to ensure
that collection shall takes place once each week. Upon approval by the City Manager, Collector
shall cause to be mailed a written notice to all customers of such schedule not later than
December 31 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.
Sec. 8.16.330. - Hours of collection.
(a) No collection, or delivery or removal of containers, shall be made between the hours of
6:30 p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and Sunday, except
that if agreed to in a franchise agreement, Saturday collection may be permitted during holiday
weeks for residential premises, and as a regular collection day for commercial premises. The
Public Works Director 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.
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(b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other
problems having the potential to adversely affect the health, safety, and the general quality of
life of the community, the City Council may by resolution regulate the routes, intervals, delivery
points, and days for collection by collectors operating within the City.
(c) The City Manager may temporarily waive the requirements of this section when
necessitated by conditions beyond the control of the Collector.
Sec. 8.16.340. - Residential containers.
At the Collector's own expense, a Collector shall provide each residential premises for which it
is authorized to Collect at least one Container each for the collection of: (1) solid waste, (2)
recyclables and (3) organic and green waste, 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.
Sec. 8.16.350. - Commercial containers.
(a) A Collector shall provide containers suitable to each commercial premises for which it is
authorized to Collect solid waste and recyclables, including organic and green waste.
(b) All containers shall be constructed of durable metal or plastic and have wheels and a tight-
fitting lid that shall be kept closed at all times. Containers shall not permit the contents thereof to
sift or pass through any opening therein other than the top, shall be maintained in a safe and
sanitary condition by the customer and shall not contain any rough or jagged surfaces. The use
of oil drums of 50-gallon capacity or more is specifically prohibited.
Sec. 8.16.360. - Care of containers.
Collector's agents and employees shall handle all containers with care.
Sec. 8.16.370. - Employees of Collector.
All Collector's field employees shall wear name tags or uniforms to enable identification while
providing service to the public.
Sec. 8.16.380. - Trespass.
No person authorized to Collect solid waste shall enter on private property beyond the extent
necessary to Collect the solid waste properly placed for collection.
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Sec. 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.
Sec. 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.
Sec. 8.16.410. - Collection vehicle identification.
Except as otherwise provided in this chapter, no solid waste enterprise may operate any vehicle
for the collection of solid waste in the City unless the owner of the vehicle is a Collector as that
term is defined in section 8.16.020.
Sec. 8.16.420. - Operation of equipment.
A Collector shall operate all equipment in compliance with all federal, state and local laws.
Collection vehicles shall not be operated in a manner that results in undue interference with
normal traffic flows or violation of any traffic laws. Collection vehicles, whe ther loaded or
unloaded, shall not be parked, or left unattended on any street in the City.
Sec. 8.16.430. - Compliance with vehicle standards.
Any vehicle used in the collection of solid waste in the City shall, at all times, be maintained in
accordance with all the standards set forth in the franchise agreement, this Code, or any other
applicable law. The use of a vehicle that fails to comply with each of the standards is prohibited.
A Collector shall immediately remove any vehicle from collection service that fails, at any time,
to conform to any of the standards recited in the agreement or this Code and shall not use that
vehicle until it is repaired or comes into compliance. Should the City Manager give notification at
any time to a Collector that any of its vehicles are not in compliance with the standards of this
chapter or the agreement, the vehicle shall be immediately removed from service in the City by
the Collector. The vehicle shall not again be utilized in the City until the Collector successfully
demonstrates to the manager that the vehicle is in compliance with the requirements of the
agreement and this Code. A Collector shall maintain its regular collection schedule regardless of
the repair of any vehicle.
Sec. 8.16.440. - Resource recovery.
A Collector shall, at all times, comply with City policies and programs regarding solid waste
recovery, reduction and recycling, including the City's source reduction and recycling element.
Such policies and programs may be established by resolution of the City Council. Compliance
with such policies and programs shall be a condition of any franchise issued pursuant to this
chapter.
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Sec. 8.16.450. - Diversion requirement.
A Collector shall not deposit at any landfill more solid waste than the percentage designated in
the franchise agreement. That percentage of solid waste shall be diverted from landfills through
reduction, recycling and composting activities. Through implementation of the franchise
agreement, a Collector shall assist the City in meeting its diversion obligations under Public
Resources Code § 41780, as amended, to the greatest extent practicable, as well as new
recycling and diversion requirements imposed by the State, including AB 341 (2011) requiring
mandatory commercial solid waste recycling programs, AB 1826 (2014) requiring mandatory
organic waste recycling programs, AB 1594 (2014) eliminating diversion credits for green waste
as alternative daily cover at landfills, and SB 1383 (2016) and implementing CalRecycle
regulations requiring residential organic waste recycling programs to reduce short-lived climate
pollutants. Activities deemed in contravention of that goal shall be a violation of this section.
DIVISION 4. - LIMITED COLLECTION PERMITS
Sec. 8.16.460. - Limited collection permit requirement.
No person, other than a franchisee, permitted self-hauler or commercial recycler, shall Collect
solid waste in the City without having first been issued a limited collection permit. Such permit
shall be in addition to any business license or permit otherwise required by the City. The Public
Works Director is authorized to promulgate administrative policies and procedures for issuing
such permits.
This division 4 shall not apply to the self-haul of construction and demolition wastes, which are
governed by division 6 of this chapter entitled "construction and demolition waste."
Sec. 8.16.470. - Permit requirement.
Applications shall include, but not be limited to:
(a) Name of applicant.
(b) Business address, and addresses where all vehicles will be stored.
(c) A description of each vehicle and other equipment that the applicant owns or has under its
control.
(d) A list of customers which the Collector will service in the City.
(e) Proposed collection rates to be charged by the applicant.
(f) Detailed information regarding services offered to customers and a listing of customers
currently receiving collection service.
(g) Any other information requested by the City Manager.
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Sec. 8.16.480. - Permit fees.
Each permittee shall pay a yearly fee in an amount determined by resolution of the City Council.
Sec. 8.16.490. - Permit terms.
Any permit issued under this division shall be for a term of not more than one year and shall
expire December 31 of each year.
Sec. 8.16.500. - Transfer of permit.
A permit issued under this division 4 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.
Sec. 8.16.510. - Denial of permit.
After review of the permit application, the City Manager, or designee, may deny the issuance of
an annual limited collection permit based on information disclosed in the permit application.
Denial of an annual limited collection 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 division 4. Upon denial, the City Manager shall provide the limited collection
permittee written notification of the reasons therefore and shall include the effective date of such
denial. Written notification of denial shall be delivered by first-class mail, postage pre-paid or
certified mail, return receipt requested.
Sec. 8.16.520. - Revocation, suspension, appeal.
The City Manager may revoke or suspend any permit pursuant to the provisions of sections
8.16.100—8.16.140, inclusive. The Collector may appeal the denial, revocation, or suspension
of a permit pursuant the procedures set forth in subsections 8.16.100(b) through (d), inclusive. It
is unlawful for any person to operate under a permit which has been revoked or suspended.
Sec. 8.16.530. - Prohibited acts.
No limited collection permittee shall perform solid waste collection services otherwise provided
for in a solid waste franchise agreement. No limited collection permittee shall collect a fee for
recyclable material collection services provided to residential premises.
Sec. 8.16.540. - Additional permitee obligations.
A collection permittee shall also be subject to the following provisions of this chapter 8.16:
Section 8.16.150, Collector's liability insurance, provided that the amount of insurance shall be
determined by administrative policy promulgated by the director;
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Section 8.16.160, worker's compensation insurance;
Section 8.16.170, City to be free from liability;
Section 8.16.190, office for inquiries and complaints;
Section 8.16.200, permits and licenses;
Section 8.16.210, responsibility for damages;
Section 8.16.220, City inspection authority;
Section 8.16.330, hours of collection;
Section 8.16.380, trespass;
Section 8.16.390, noise;
Section 8.16.400, ownership;
Section 8.16.410, collection vehicle identification;
Section 8.16.420, operation of equipment;
Section 8.16.440, resource recovery; and
all other applicable provisions of this Municipal Code.
DIVISION 5. - SOLID WASTE ACTIVITIES AND EXCLUSIONS
Sec. 8.16.550. - Placement of containers for collection.
It shall be the duty of every person having charge and control of any residential or commercial
premises to set out or place containers for the collection of solid waste, as follows:
(a) Containers shall be placed at the curb in front of residential premises, or the alley in the
rear of residential premises, except where alleys having access to public highways at each end
exist. Collections shall be made from such alleys provided that this provision shall not apply to a
blind alley or alley the width of which will not accommodate the vehicle used for collection.
(b) No person shall place, or cause to be placed any Container from a Commercial Premises
on any public street, alley or thoroughfare or in any public place without first obtaining an
encroachment permit from the City's public works department for each day the Container is
placed there. Any Container placed on the public street, alley, or thoroughfare shall be properly
barricaded against traffic, and all debris resulting from the location and use of the Container
shall be removed at the end of the day in which it was placed in the public street, alley or
thoroughfare.
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(c) No person shall place any Container of solid waste to be collected by the Collector, in any
public highway or in any place or in any manner other than hereinabove provided, or at any time
other than the days established by the City for the collection of such solid waste on the
particular route involved, earlier than sunset of the day preceding the day designated for
collection, and all containers shall be removed from the place of collection prior to 10:00 p.m. on
the day the containers have been emptied.
(d) Should any Container not be emptied and the contents removed on the date and time
scheduled by the Collector, customer should immediately notify the Collector or the City, and it
shall be the duty of the Collector to arrange for the collection and disposal of the solid waste.
(e) Occasional loads of solid waste not susceptible to placement in a Container may be
placed for collection at the same place and time as the Container if securely tied in sturdy bags
or bundles not heavier than 70 pounds, not more than four feet in length, nor more than 18
inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and
stacked neatly at the customer's collection point. No cardboard box, paper bag or oil drum may
be used as a Container for solid waste.
(f) Solid waste not susceptible to placement in a Container may, in the discretion of the
Collector, be scheduled for special collection upon the application of the customer of the
premises. Special collection charges may be assessed by the Collector for this service with prior
approval of above-mentioned customer of the premises and subject to any requirements set
forth in a franchise agreement.
(g) Except when placed out for collection purposes, containers shall be kept and maintained
only in storage locations permitted by title 22 of this Code, as may be amended from time to
time, or as specified by use permit or other entitlement for use. In addition, Container lids shall
be kept closed at all times to avoid the propagation of flies or other vectors and to control odors
and the potential for wind-blown litter.
Sec. 8.16.560. - Prohibited acts.
It shall be unlawful for any customer or person to do the following:
(a) For any customer or person owning, managing or having the control of any premises or
vacant lot within the City to permit an accumulation of solid waste to become or remain
offensive, unsightly or unsafe to the public health or safety or hazardous from fire.
(b) To deposit, keep or accumulate, or permit or cause any solid waste to be deposited, kept
or accumulated, upon any property, lot or parcel of land, or any public or private place in the
City except as provided in this chapter.
(c) To permit solid waste to accumulate, or to blow about in a manner that creates an
unsightly appearance, or a health hazard, or to fail to immediately clean up, or arrange for the
immediate cleanup, of any waste released, spilled or dumped into the environment during
removal or transport within the City by such person.
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(d) To dispose his or her solid waste into containers at locations other than those that are
located upon property which they own or occupy or where they work.
(e) To engage in the following activities unless the individual is the property owner or
occupant, person in charge of the day-to-day activities of the place or premises or agents of the
Collector authorized to Collect from that premises:
(1) Remove or move any Container from the location where the Container was placed
for storage or collection;
(2) Remove any solid waste or recyclable material from any Container;
(3) Apply any paint or markings (commonly known as "graffiti" or "tagging") to any
Container without the prior written approval of the owner of the Container.
(f) To place Bulky Items adjacent to a street or public right-of-way without first having made
arrangements with the City, a Collector, or other person for the prompt pickup of the Bulky
Items.
(g) To burn solid waste within the City, except in an approved incinerator or transformation
facility or other device for which a permit was issued and which complies with all applicable
permit and other regulations of air pollution control authorities and provided any such act of
burning in all respects complies with all other laws, rules and regulations.
(h) To bury or dump any solid waste within the City.
(i) To set out or cause to be set out for regular solid waste collection by a Collector:
(1) Any solid waste not generated on the premises; or
(2) Any electronic waste, hazardous waste, or any other form of waste that does not
meet the definition of solid waste, provided that electronic waste may be
collected as a bulky item if provided for in a franchise agreement.
Sec. 8.16.570. - Backyard residential composting.
(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost
green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable
kitchen scraps or manure (but not including other household garbage or animal waste). The
following composting conditions must be met:
(1) Compost piles or bins shall not be visible from the street or neighboring 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;
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(4) The compost is enclosed, screened or otherwise maintained to minimize insects
and pests; and
(5) The pile or Container shall not permit surface run-off or leachate to other property
or to drainage courses, waterways or streams.
(b) No composting shall be permitted at any location that is determined to be a fire hazard by
the Los Angeles County Fire Department or any location that is determined by any other
regulatory body to be a threat to the public health, safety or welfare or if such activity violates
any applicable local, state or federal law.
Sec. 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 Public Works Director is authorized to promulgate
administrative policies and procedures for issuing such permits, provided that self-haulers must
comply with Section 8.16.600 below. This section does not apply to construction/demolition
waste.
(b) Self-haulers must deposit solid waste only at a properly licensed waste disposal facilities
including without limitation a landfill, recycling center, recyclable material purchasing center,
compostable materials handling facility, transfer station, green material composting facility or
other facility permitted to accept such material. Each self-hauler must report to the City, at a
frequency and in a manner determined by the Public Works Director, the type, quantity, volume,
weight and destination of solid waste collected in the City and transported from the City, and
present gate tickets or receipts to substantiate its disposal reports. Failure to submit required
reports to the City is a basis for revocation of a "self-hauler" permit. Self-haulers must haul
waste from the property at a frequency comparable to the service provided by the Collector.
Failure to do so is a basis for revocation of a "self-haul" permit.
Sec. 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, provided that self-haulers
shall comply with Section 8.16.600 below.
(b) City contractors conducting landscaping and tree trimming activities shall comply with
Section 8.16.600 below.
Sec. 8.16.600. – Organic Waste Self-hauler requirements.
Self-Haulers that Collect and transport materials pursuant to Sections 8.16.580 and 8.16.590
shall:
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(a) Source separate all recyclable materials and Organic Waste (materials that City
otherwise requires generators to separate for collection in the City’s organics and
recycling collection program) generated on-site from Solid Waste in a manner consistent
with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High
Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Haul their Source Separated Recyclable Materials to a facility that recovers those
materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source
Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High
Diversion Organic Waste Processing Facility.
(c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid
Waste facility, operation, activity, or property that processes or recovers Organic Waste;
this record shall be subject to Inspection by the City. The records shall include the
following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the generator to
each entity.
(3) If the material is transported to an entity that does not have scales on-site, or
employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that
allows it to determine the weight of materials received, the Self-Hauler is not
required to record the weight of material but shall keep a record of the entities
that received the Organic Waste.
Sec. 8.16.610. - Commercial recycler exclusion for source-separated
recyclables.
No provisions of this chapter shall prevent a recycling business from contracting to Collect
source-separated recyclables that are donated or sold to that recycling business by a customer.
"Source-separated recyclables" within the meaning of this subsection means recyclables that
have been separated from solid waste for the purpose of sale or donation, that have not been
mixed with or contain more than incidental or minimal solid waste, and that do not have a
negative market value inclusive of collection, transportation, and disposition costs. This
exclusion does not apply if the material collected is hauled for a net fee.
Sec. 8.16.620. – Organic Waste Waivers
(a) De Minimis Waivers. Residential development with minimal individual open space and
greenspace such as town homes with common-area open space predominantly serviced
by gardeners and landscapers subject to Section 8.16.600 of this chapter are exempt
from the Organic Waste requirements of this chapter. Furthermore, the City may waive
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a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to
comply with some or all of the Organic Waste requirements of this chapter if the
Commercial Business provides documentation that the business generates below a
certain amount of Organic Waste material as described in this Section. Commercial
Businesses requesting a de minimis waiver shall:
(1) Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in subdivision (b) below.
(2) Provide documentation that either:
(a) The Commercial Business’ total Solid Waste collection service is two
cubic yards or more per week and Organic Waste subject to collection in
a Blue Container or Green Container comprises less than 20 gallons per
week per applicable Container of the business’ total waste; or,
(b) The Commercial Business’ total Solid Waste collection service is less
than two cubic yards per week and Organic Waste subject to collection in
a Blue Container or Green Container comprises less than 10 gallons per
week per applicable Container of the business’ total waste.
(3) Notify the City if circumstances change such that the Commercial Business’
Organic Waste exceeds the threshold required for waiver, in which case the
waiver will be rescinded.
(4) Provide written verification of eligibility for de minimis waiver every 5 years, if the
City has approved a de minimis waiver.
(b) Physical Space Waivers. A Commercial Business or property owner may request a
physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
(2) Provide documentation that the premises lack adequate space for Blue
Containers and/or Green Containers including documentation from the hauler,
licensed architect, or licensed engineer.
(3) Provide written verification to the City that it is still eligible for physical space
waiver every five years, if the City has approved application for a physical space
waiver.
Sec. 8.16.630. – Requirements for Single-family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements except
Single-Family generators that meet the Self-Hauler requirements in Sections 8.16.580 and
8.16.600:
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(a) Single-Family Organic Waste Generators shall subscribe to the City’s Organic Waste
collection services for all Organic Waste generated as described in subdivision (b) of this
Section. The City shall have the right to review the number and size of a genera tor’s
containers to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and, Single-Family
generators shall adjust their service level for their collection services as directed by the
City. Generators may additionally manage their Organic Waste by preventing or
reducing their Organic Waste, managing Organic Waste on site, and/or using a
Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Single-family Waste Generators shall participate in the City’s Organic Waste collection
service(s) by placing designated materials in designated containers as described in in
subdivision (c) of this Section and shall not place Prohibited Container Contaminants in
collection containers.
(c) Single-Family Organic Waste Generators shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray
Container. Generators shall not place materials designated for the Gray Container into
the Green Container or Blue Container.
Sec. 8.16.640– Requirements for Commercial Businesses
(a) Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall subscribe to the City’s collection services and comply with requirements
of those services as described in this Section.
(b) Generators that are Commercial Businesses shall place solid waste on containers
depending on the collection services subscribed to as follows:
(1) Two Container services. Commercial Businesses subscribing to two Container
collection services shall place Source Separated Green Container Organic
Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials and Solid Waste in the Gray Container.
(2) Three Container services. Commercial Businesses subscribing to three
Container collection services shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source
Separated Recyclable Materials in the Blue Container; and Gray Container
Waste in the Gray Container. Generator shall not place materials designated for
the Gray Container into the Green Container or Blue Container.
(3) Additional two-plus or three-plus services. If additional segregation of Food
Waste is necessary to be Source Separated from the Green Container,
Commercial Businesses may be required to place Food Waste in a Brown
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Container, regardless of whether they have initially subscribed to two-Container
or three-Container services.
(c) The City shall have the right to review the number and size of a generator’s containers
and frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Commercial Businesses shall adjust their service level for their collection services as
requested by the City.
(d) Generators shall supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors for employees, contractors, tenants,
and customers, consistent with the City’s Blue Container, Green Container, Gray
Container and Brown Container (if required) collection service.
(e) Excluding Multi-Family Residential Dwellings, generators shall provide containers for the
collection of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas wher e disposal containers are
provided for customers, for materials generated by that business. Such containers do
not need to be provided in restrooms. If a Commercial Business does not generate any
of the materials that would be collected in one type of Container, then the business does
not have to provide that particular Container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers
provided by the business shall have either:
(1) A body or lid that conforms with the Container colors provided through the
collection service provided by the City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A Commercial Business is not required
to replace functional containers, including containers purchased prior to January
1, 2022, that do not comply with the requirements of the subsection prior to the
end of the useful life of those containers, or prior to January 1, 2036, whichever
comes first.
(2) Container labels that include language or graphic images, or both, indicating the
primary material accepted and the primary materials prohibited in that Container,
or containers with imprinted text or graphic images that indicate the primary
materials accepted and primary materials prohibited in the Container. Pursuant
14 CCR Section 18984.8, the Container labeling requirements are required on
new containers commencing January 1, 2022.
(f) Multi-Family Residential Dwellings are not required to comply with Container placement
requirements or labeling requirement in subdivision (e) pursuant to 14 CCR Section
18984.9(b).
(g) To the extent practical through education, training, Inspection, and/or other measures,
excluding Multi-Family Residential Dwellings, Commercial Businesses shall prohibit
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employees from placing materials in a Container not designated for those materials per
the City’s Blue Container, Green Container, and Gray Container collection service.
(h) Excluding Multi-Family Residential Dwellings, Commercial Businesses shall periodically
inspect Blue Containers, Green Containers, and Gray Containers for contaminati on and
inform employees if containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(i) Commercial Businesses shall annually provide information to employees, contractors,
tenants, and customers about Organic Waste Recovery requirements and about proper
sorting of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials.
(j) Commercial Businesses shall provide education information before or within fourteen
(14) days of occupation of the premises to new tenants that describes requirements to
keep Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials separate from Gray Container Waste (when applicable) and the
location of containers and the rules governing their use at each property.
(k) Commercial Businesses shall provide or arrange access for the City or its agent to their
properties during all Inspections conducted in accordance with Section 8.16.710 of this
chapter to confirm compliance with the requirements of this Section.
(l) Commercial Businesses shall accommodate and cooperate with the City’s Remote
Monitoring program for Inspection of the contents of containers for Prohibited Container
Contaminants, which may be implemented at a later date, to evaluate generator’s
compliance with subdivision (b). The Remote Monitoring program shall involve
installation of Remote Monitoring equipment on or in the Blue Containers, Green
Containers, and Gray Containers.
(m) At Commercial Business’s option and subject to any approval required from the City,
Commercial Businesses shall implement a Remote Monitoring program for Inspection of
the contents of its Blue Containers, Green Containers, and Gray Containers for the
purpose of monitoring the contents of containers to determine appropriate levels of
service and to identify Prohibited Container Contaminants. Generators may install
Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray
Containers subject to written notification to or approval by the City or its Designee.
(n) If a Commercial Business wants to self-haul, the Commercial Business must comply with
the Self-Hauler requirements in Section 8.16.600 of this chapter.
(o) Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
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(p) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section
8.16.670 of this chapter.
Sec. 8.16.650. – Organic Waste Haulers
Collectors providing residential, Commercial, or industrial Organic Waste collection services to
generators within the City’s boundaries shall meet the following requirements and standards as
a condition of approval of a contract, agreement, or other authorization with the City to Collect
Organic Waste:
(a) Through written notice to the City annually on or before January 31st, identify the
facilities to which they will transport Organic Waste including facilities for Source
Separated Recyclable Materials, and Source Separated Green Container Organic
Waste.
(b) Transport Source Separated Recyclable Materials, and Source Separated Green
Container Organic Waste to a facility, operation, activity, or property that recovers
Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(c) Obtain approval from the City to haul Organic Waste, unless it is transporting Source
Separated Organic Waste to a Community Composting site or lawfully transporting
construction/demolition waste in a manner that complies with 14 CCR Section 18989.1,
Section 8.16.690 of this chapter, and Division 6 of this chapter (Construction and
Demolition Waste).
(d) Comply with education, equipment, signage, Container labeling, Container color,
contamination monitoring, reporting, and other requirements contained within its
franchise agreement, permit, or license issued by the City.
Sec. 8.16.660. – Organic Waste Facility operators
(a) Owners of facilities, operations, and activities that recover Organic Waste, including, but
not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon City request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within 60 days.
(b) Community Composting operators, upon City request, shall provide information to the
City to support Organic Waste capacity planning, including, but not limited to, an
estimate of the amount of Organic Waste anticipated to be handled at the Community
Composting operation. Entities contacted by the City shall respond within 60 days.
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Sec. 8.16.670. – Organic Waste Commercial Edible Food Generators.
(a) Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food
Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section
18991.3.
(b) Large Venue or Large Event operators not providing food services, but allowing for food
to be provided by others, shall require Food Facilities operating at the Large Venue or
Large Event to comply with the requirements of this Section, commencing January 1,
2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii)
acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to
the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4) Allow City’s designated enforcement entity or designated third party enforcement entity
to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR
Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible
Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food
Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food
Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or
Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled.
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(iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled
to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good
Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill
557 of 2017 (which added Article 13 [commencing with Section 49580] to Chapter 9 of
Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of
the Health and Safety Code, relating to food safety, as amended, supplemented,
superseded and replaced from time to time).
Sec. 8.16.680. – Food recovery organizations and services; regional
agencies.
(a) Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food
Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization
per month.
(4) The name, address, and contact information for each Food Recovery Organization that
the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food
Generator from which the organization receives Edible Food.
(2) The quantity in pounds of Edible Food received from each Commercial Edible Food
Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the
organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements with
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one or more Commercial Edible Food Generators pursuant to 14 CCR Section
18991.3(b) shall report to the City the total pounds of Edible Food recovered in the
previous calendar year from the Tier One and Tier Two Commercial Edible Food
Generators they have established a contract or written agreement with pursuant to 14
CCR Section 18991.3(b) no later than January 31st.
(d) Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity
planning assessments or other studies conducted by the City, Food Recovery Services
and Food Recovery Organizations operating in the City shall provide information and
consultation to the City, upon request, regarding existing, or proposed new or expanded,
Food Recovery capacity that could be accessed by the City and its Commercial Edible
Food Generators. A Food Recovery Service or Food Recovery Organization contacted
by the City shall respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the City.
Sec. 8.16.690. – Compliance with CalGreen Recycling Requirements.
(a) Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the requirements of this Section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11, known
as CALGreen and incorporated as part of the City’s Building Code pursuant to Section
15.00.3240 of this Code, if its project is covered by the scope of CALGreen. If the
requirements of CALGreen are more stringent than the requirements of this Section, the
CALGreen requirements shall apply. Project applicants shall refer to the City’s Building
Code, Chapter 15.00 of this Code, for complete CALGreen requirements.
(b) For projects covered by CALGreen, the applicants must, as a condition of the City’s
permit approval, comply with the following:
(1) Where five (5) or more Multi-Family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on the
site and are identified for the storage and collection of Blue Container and Green
Container materials, consistent with the three-Container collection program
offered by the City, or comply with provision of adequate space for recycling for
Multi-Family and Commercial Premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen as amended, provided that amended
requirements are more stringent than the CALGreen requirements for adequate
recycling space effective January 1, 2020.
(2) New Commercial construction or additions resulting in more than 30% of the floor
area shall provide readily accessible areas identified for the storage and
collection of Blue Container and Green Container materials, consistent with the
three-Container collection program offered by the City, or shall comply with
provision of adequate space for recycling for Multi-Family and Commercial
Premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
7.2.b
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CALGreen, as amended, provided that amended requirements are more
stringent than the CALGreen requirements for adequate recycling space effective
January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management
of construction/demolition waste, including diversion of Organic Waste in
construction/demolition waste from disposal. Comply with the City’s
construction/demolition waste regulations, Division 6 of this chapter, and all
written and published policies and/or administrative guidelines regarding the
collection, recycling, diversion, tracking, and/or reporting of
construction/demolition waste.
Sec. 8.16.700. – Compliance with Landscape Water Efficiency Ordinance
Requirements.
(a) Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who
are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial)
project with a landscape area greater than 500 square feet, or rehabilitating an existing
landscape with a total landscape area greater than 2,500 square feet, shall comply with
Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines
established pursuant to Chapter 8.14 of this Code (incorporating 23 CCR Sections
492.6(a)(3)(B) (C), (D), and (G)), including sections related to the use of Compost and
mulch as delineated in this Section.
(b) The following Compost and mulch use requirements that are part of Chapters 8.14 and
22.26 of this Code are now also included as requirements of this chapter. Other
requirements of Chapters 8.14 and 22.26 are in effect.
(c) Property owners or their building or landscape designers that meet the threshold for
landscape water efficiency compliance outlined in subdivision (a) above shall:
(1) Comply with Sections 2.5 of the Landscape Water Efficiency Guidelines
established pursuant to Sections 8.14.020, 8.14.040, 22.26.030, 22.26.040 and
22.26.050 of this Code, which require the submittal of a landscape design plan
with a soil preparation, mulch, and amendments section to include the following:
(A) For landscape installations, Compost at a rate of a minimum of four cubic
yards per 1,000 square feet of permeable area shall be incorporated to a
depth of six (6) inches into the soil. Soils with greater than six percent
(6%) organic matter in the top six (6) inches of soil are exempt from
adding Compost and tilling.
(B) For landscape installations, a minimum three- (3-) inch layer of mulch
shall be applied on all exposed soil surfaces of planting areas except in
turf areas, creeping or rooting groundcovers, or direct seeding
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applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the
landscape area may be left without mulch. Designated insect habitat must
be included in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local fuel
modification plan guidelines or other applicable local ordinances.
(2) The landscape water efficiency compliance items listed in this Section are not an
inclusive list of Chapters 8.14 and 22.26 requirements; therefore, property
owners or their building or landscape designers that meet the threshold for
landscape water efficiency compliance outlined in subdivision (a) shall consult
Chapters 8.14 and 22.26 and the full Landscape Water Efficiency Guidelines for
all requirements.
(d) If, after the adoption of the ordinance enacting this Section, the California Department of
Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) in a manner that requires the City to
incorporate the requirements of an updated Model Water Efficiency Landscape
Ordinance in a local ordinance, and the amended requirements include provisions more
stringent than those required in this Section, the revised requirements of 23 CCR,
Division 2, Chapter 2.7 shall be enforced.
Sec. 8.16.710. – Inspection and investigation.
(a) City representatives, contractors and/or its designated entity are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection Container,
collection vehicle loads, or transfer, processing, or disposal facility for materials collected
from generators, or Source Separated materials to confirm compliance with this chapter
by Organic Waste Generators, Commercial Businesses (including Multi-Family
Residential Dwellings), property owners, Commercial Edible Food Generators, haulers,
Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to
applicable laws. This Section does not allow City to enter the interior of a private
residential property for Inspection. For the purposes of inspecting Commercial Business
containers for compliance with Section 8.16.640(b) of this chapter, City may conduct
Container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote
Monitoring pursuant to Section 8.16.640(l) of this chapter.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City’s employee
or its designated entity/Designee during such Inspections and investigations. Such
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Inspections and investigations may include confirmation of proper placement of
materials in containers, Edible Food Recovery activities, records, or any other
requirement of this chapter. Failure to provide or arrange for: (i) access to an entity’s
premises; or (ii) access to records for any Inspection or investigation is a violation of this
chapter and may result in penalties.
(c) Any records obtained by the City during its Inspections, Remote Monitoring, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d) City representatives, its designated entity, and/or Designee are authorized to conduct
any Inspections, Remote Monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
DIVISION 6. - CONSTRUCTION AND DEMOLITION WASTE
Sec. 8.16.720. - Construction or demolition waste.
Every covered construction project shall divert at least 75 percent, 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.
Sec. 8.16.730. - Covered projects.
(a) The diversion and reporting requirements of this division apply to construction, demolition
or remodel projects of 1,000 square feet or more.
(b) The diversion and reporting requirements of this section shall not apply to the following
exempt projects:
(1) Any construction, demolition or remodel project of less than 1,000 square feet; and
(2) Any construction, demolition or remodel project that does not require a building permit and
does not generate construction/demolition waste; and
(3) Any project that requires emergency demolition 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.
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Sec. 8.16.740. - Construction/demolition contractor self-haul permit.
(a) No person or solid waste enterprise other than the City's exclusive franchise waste haulers
shall remove construction/demolition waste within the City without first obtaining a contractor
self-haul permit as provided in this division 6 ("hereafter, C&D permit").
(b) An application for a C&D permit shall include the following information:
(1) The type and amount of materials.
(2) The number of vehicles that the permittee utilizes and the types of containers that will be
used to Collect construction/demolition waste.
(3) The name, address and contact information for the construction and demolition recycling
facilities and waste disposal facilities where the permittee will take diverted material and waste.
(4) Such other pertinent facts or information as the director may require.
(c) In order to be legally qualified to obtain a C&D permit the applicant shall:
(1) Be willing and able to comply with the provisions of this Code, applicable law, and all
requirements of the C&D permit;
(2) Have demonstrated ability to remove and transport the required construction/demolition
waste to the appropriate recycling and waste disposal facilities; and
(3) Present evidence satisfactory to the director that the applicant, or a duly lice nsed
construction company contracted with the applicant, will be performing the hauling work with its
own equipment and will not contract with another entity or person to perform the service.
Sec. 8.16.750. - Deposit required for covered projects.
As a part of any application for, and prior to the issuance of, any building, grading or demolition
permit for a covered project, every construction permittee shall post a deposit, in the amount of
$50.00 for each estimated ton of construction/demolition waste, but not less than $250.00 and
not to exceed $5,000.00. The deposit shall be returned, without interest, in total or in proportion,
upon proof to the satisfaction of the director, that no less than 75 percent 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. Construction permittees utilizing a City approved waste hauler are
exempt from the 75 percent diversion requirement and shall receive a refund of the entire
deposit amount upon showing proof of utilizing a City franchise hauler.
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Sec. 8.16.760. - 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 construction permittee shall submit to the Public Works Director
a properly completed "recycling and waste reduction application" on a form prescribed by the
manager. The application shall contain an estimate of the weight of construction/demolition
waste to be generated from the proposed covered project and identify the permitted
construction/demolition hauler for the project. The City shall not issue a building or demolition
permit until the Public Works Director accepts the recycling and waste reduction application as
complete and accurate.
Sec. 8.16.770. - Revocation.
The director may revoke a C&D permit for failure to comply with any provisions of this division 6
or other applicable provision of this Code.
Sec. 8.16.780. - Records.
During the term of any covered project, the permitted hauler shall keep records of the amount of
waste disposed and diverted in tonnage or in other measurements approved by the director that
can be converted to tonnage.
Sec. 8.16.790. - Reporting.
(a) Within 30 calendar days following the completion of any covered construction project, the
construction permittee shall submit under penalty of perjury, and as a condition precedent to
final inspection and issuance of any certificate of occupancy, documentation to the satisfaction
of the director establishing compliance with the requirements of this division. The documentation
shall consist of a completed "recycling and waste reduction final compliance report" showing the
weight of materials disposed and diverted, supported by evidence satisfactory to the director,
which may include originals or photocopies of receipts and weight tickets/invoices or other
records of measurement from recycling companies and/or landfill and disposal companies.
Receipts and weight tickets may be required by the director to verify the amount of construction
or demolition waste generated from the site that has been diverted.
(b) If a project involves issuance of more than one permit, demolition, grading or building
permit, the report and documentation for the demolition and/or grading permits shall be
submitted to and approved by the director before issuance of a building permit.
Sec. 8.16.800. - Monitoring responsibility of director.
The director, or designee, shall monitor each covered construction project for compliance with
this section.
7.2.b
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Sec. 8.16.810. - Permitted waste.
Only construction and demolition waste shall be placed in construction/demolition waste
containers. The construction/demolition waste hauler shall be responsible for ensuring that solid
waste from non-construction activities is not placed on the construction/demolition waste
containers. If non-construction solid waste is being generated at a construction site, a solid
waste Container from the City's franchised hauler authorized to Collect solid waste at the
premises shall be placed on the property and used for collection.
Sec. 8.16.820. - Implementing regulations.
The Public Works Director shall have the authority to establish regulations for the
implementation of this section, and when duly established, such regulations shall be in full forc e
and effect.
DIVISION 7. - ENFORCEMENT
Sec. 8.16.830. - Penalty for violation of chapter.
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 an infraction and, upon conviction
thereof, shall be punished as provided in Section 1.04.010 of this Code, the applicable
requirements prescribed in 14 CCR Section 18997.2, and administrative citations pursuant to
Section 1.04.030 of this Code notwithstanding subdivision (d) of Section 1.04.010.
Sec. 8.16.840. - Enforcement.
(a) City enforcement official and/or their designee (whether an individual or entity) will
monitor compliance with this chapter randomly and through compliance reviews, route review,
investigation of complaint, and an inspection program.
(b) With the exception of violations of contamination of collection Container contents with
prohibited Container contaminants which will be addressed through non‐collection of containers
and noticing by the collection contractor, and violations subject to immediate administrative
citation, City shall issue a notice to abate violations in accordance with Chapter 1.04.030 of this
Code requiring compliance within a maximum of 60 days of issuance of the notice. The City
may extend the compliance deadlines set forth in a notice to abate violations if it finds that there
are extenuating circumstances beyond the control of the non‐compliant party that make
compliance within the deadlines impracticable, as described in 14 CCR Section 18995.4
including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
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2. Delays in obtaining discretionary permits or other government agency approvals;
or,
3. Deficiencies in organic waste recycling infrastructure or edible food recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant
to 14 CCR Section 18996.2 due to those deficiencies.
(c) City will conduct inspections, route reviews or waste evaluations and compliance
reviews, depending upon the type of regulated entity, to determine compliance with this chapter,
and if City determines that owner, responsible party, generator, self‐hauler, hauler, tier one or
tier two commercial edible food generator, food recovery organization, food recovery service or
other entity is not in compliance, it may provide educational materials to the entity describing its
obligations under this chapter during 2022 and 2023 and a notice that compliance is required,
rather than issuance a notice of violation and assess penalties, except that the City may assess
criminal and administrative civil penalties in the event that the City prosecutor determines that
prosecution is warranted to deter egregious conduct. Commencing January 1, 2024, violations
may be subject to criminal and administrative civil penalties.
(d) 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.
(e) 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.
Sec. 8.16.850. - City prosecutor and city attorney enforcement authority.
In addition to any other general functions, powers, and duties given to the City attorney and City
prosecutor by this Code or California law, those individuals are authorized to:
(a) Prosecute on behalf of the people all criminal cases and on behalf of the City all civil
cases for violations of this chapter including, without limitation, administrative or judicial
nuisance abatement and suits for injunctive relief; and
(b) Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money
accruing to the City under this chapter.
7.2.b
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Sec. 8.16.860. - Civil action by authorized recycling agent.
Nothing in this chapter limits the right of any Collector to bring a civil action against any person
who violates California Public Resources Code §§ 41950, 41951, nor will a conviction for such
violation exempt any person from a civil action.
Sec. 8.16.870. - Removal of unauthorized Container in the public right-of-
way.
The City and collectors may remove unauthorized collection containers located within the City's
public right-of-way that have been placed by or belong to haulers that are not authorized to
Collect solid waste in the City. The City may recover from the unauthorized hauler any costs
associated with impounding and storing an unauthorized Container. Upon notification from City,
or Collector's locating of an unauthorized placed Container, Collector may begin the following
procedure within 24 hours:
(1) Collector shall first place a notice on Container that:
a. Directs the unauthorized hauler or its customer to remove the Container within 24
hours of notice and if not removed, that the Container will be impounded;
b. Cites to this section of the Municipal Code;
c. Indicates where the impounded Container may be retrieved and the estimated
impound and storage costs; and
d. Warns that, should a second Container belonging to that company be found in
the City in violation of this section, that Container may be removed and
impounded without warning.
(2) If the company can be identified and its address ascertained, City or Collector shall mail
the notice as well.
(3) Collector shall notify City of the notice and request written authorization to impound the
Container.
(4) With City written approval, Collector may impound the Container if it has not yet been
removed by the illegal hauler.
(5) For subsequent violations by the same company after the initial notice has been posted,
the Collector has mailed a warning to the company if an address is ascertainable, and
after having received written approval from City, Collector may remove company's
containers immediately, mailing a notice if address is known as to where the Container
may be retrieved and impound and storage costs. If address is unknown, Collector shall
place the notice as close as feasible to where the Container was located.
7.2.b
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CHAPTER 8.16. -SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION.
DIVISION 1. -PURPOSE AND DEFINITIONS ...........................................................................................35
Sec. 8.16.010. -Purpose........................................................................................................................35
Sec. 8.16.020. -Definitions.....................................................................................................................36
DIVISION 2. -FRANCHISES ....................................................................................................................916
Sec. 8.16.030. -Franchise requirement................................................................................................916
Sec. 8.16.040. -Franchise....................................................................................................................917
Sec. 8.16.050. -City's approval or denial.............................................................................................917
Sec. 8.16.060. -Transfers.....................................................................................................................917
Sec. 8.16.070. -Franchise terms........................................................................................................1018
Sec. 8.16.080. -Temporary collection services..................................................................................1018
Sec. 8.16.090. -Fees..........................................................................................................................1018
Sec. 8.16.100. -Interim suspension....................................................................................................1018
Sec. 8.16.110. -Franchise revocation or modification........................................................................1119
Sec. 8.16.120. -Notice of hearing on revocation or modification hearing..........................................1119
Sec. 8.16.130. -City councilCouncil decision.....................................................................................1119
Sec. 8.16.140. -Cessation of operations............................................................................................1119
DIVISION 3. -SOLID WASTE COLLECTION ........................................................................................1120
Sec. 8.16.150. -Collector's liability insurance.....................................................................................1120
Sec. 8.16.160. -Worker's compensation insurance............................................................................1220
Sec. 8.16.170. -City to be free from liability.......................................................................................1220
Sec. 8.16.180. -Performance guarantees..........................................................................................1220
Sec. 8.16.190. -Office for inquiries and complaints...........................................................................1221
Sec. 8.16.200. -Permits and licenses.................................................................................................1321
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Sec. 8.16.210. -Responsibility for damages......................................................................................1321
Sec. 8.16.220. -City inspection authority............................................................................................1321
Sec. 8.16.230. -Collection rates.........................................................................................................1322
Sec. 8.16.240. -Rate adjustments......................................................................................................1422
Sec. 8.16.250. -Fees and other charges............................................................................................1422
Sec.8.16.260. -Billing and payment of collection rates, fees and charges.......................................1523
Sec. 8.16.270. -Required monthly and annual reports......................................................................1624
Sec. 8.16.280. -Collection in emergencies........................................................................................1725
Sec. 8.16.290. -Mandatory service....................................................................................................1725
Sec. 8.16.300. -Holidays....................................................................................................................1725
Sec. 8.16.310. -Collection service requirements...............................................................................1826
Sec. 8.16.320. -Frequency of collection.............................................................................................1927
Sec. 8.16.330. -Hours of collection....................................................................................................1927
Sec. 8.16.340. -Residential containers..............................................................................................2028
Sec. 8.16.350. -Commercial containers.............................................................................................2028
Sec. 8.16.360. -Care of containers....................................................................................................2028
Sec. 8.16.370. -Employees of collectorCollector...............................................................................2028
Sec. 8.16.380. -Trespass...................................................................................................................2028
Sec. 8.16.390. -Noise.........................................................................................................................2029
Sec. 8.16.400. -Ownership.................................................................................................................2029
Sec. 8.16.410. -Collection vehicle identification.................................................................................2029
Sec. 8.16.420. -Operation of equipment............................................................................................2129
Sec. 8.16.430. -Compliance with vehicle standards..........................................................................2129
Sec. 8.16.440. -Resource recovery....................................................................................................2129
Sec. 8.16.450. -Diversion requirement...............................................................................................2130
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DIVISION 4. -LIMITED COLLECTION PERMITS ..................................................................................2130
Sec. 8.16.460. -Limited collection permit requirement.......................................................................2130
Sec. 8.16.470. -Permit requirement...................................................................................................2230
Sec. 8.16.480. -Permit fees................................................................................................................2231
Sec. 8.16.490. -Permit terms.................................................................................................................31
Sec. 8.16.500. -Transfer of permit.....................................................................................................2231
Sec. 8.16.510. -Denial of permit.........................................................................................................2231
Sec. 8.16.520. -Revocation, suspension, appeal...............................................................................2331
Sec. 8.16.530. -Prohibited acts..........................................................................................................2331
Sec. 8.16.540. -Additional permitee obligations.................................................................................2331
DIVISION 5. -SOLID WASTE ACTIVITIES AND EXCLUSIONS ...........................................................2432
Sec. 8.16.550. -Placement of containers for collection......................................................................2432
Sec. 8.16.560. -Prohibited acts..........................................................................................................2533
Sec. 8.16.570. -Backyard residential composting..............................................................................2634
Sec. 8.16.580. -Self-haulers...............................................................................................................2635
Sec. 8.16.590. -Gardener's exclusion................................................................................................2735
Sec. 8.16.600.–Organic Waste Self-hauler requirements.....................................................................35
Sec. 8.16.610.-Commercial recycler exclusion for source-separated recyclables...........................2736
Sec. 8.16.620. –Organic Waste Waivers ...............................................................................................36
Sec. 8.16.630. –Requirements for Single-family Organic Waste Generators........................................37
Sec. 8.16.640–Requirements for Commercial Businesses....................................................................38
Sec. 8.16.650. –Organic Waste Haulers ................................................................................................41
Sec. 8.16.660. –Organic Waste Facility operators .................................................................................41
Sec. 8.16.670. –Organic Waste Commercial Edible Food Generators.................................................42
Sec. 8.16.680. –Food recovery organizations and services; regional agencies....................................43
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Sec. 8.16.690. –Compliance with CalGreen Recycling Requirements..................................................44
Sec. 8.16.700. –Compliance with Landscape Water Efficiency Ordinance Requirements...................45
Sec. 8.16.710. –Inspection and investigation........................................................................................46
DIVISION 6. -CONSTRUCTION AND DEMOLITION WASTE ..............................................................2747
Sec. 8.16.610.8.16.720.-Construction or demolition waste..............................................................2747
Sec. 8.16.620.8.16.730.-Covered projects.......................................................................................2747
Sec. 8.16.630.8.16.740.-Construction/demolition contractor self-haul permit..................................2848
Sec. 8.16.640.8.16.750.-Deposit required for covered projects.......................................................2848
Sec. 8.16.650.8.16.760.-Condition precedent to issuance of building or demolition permit.............2849
Sec. 8.16.660.8.16.770.-Revocation.................................................................................................2949
Sec. 8.16.670.8.16.780.-Records.....................................................................................................2949
Sec. 8.16.680.8.16.790.-Reporting...................................................................................................2949
Sec. 8.16.690.8.16.800.-Monitoring responsibility of director...........................................................2949
Sec. 8.16.700.8.16.810.-Permitted waste.........................................................................................2950
Sec. 8.16.710.8.16.820.-Implementing regulations..........................................................................3050
DIVISION 7. -ENFORCEMENT .............................................................................................................3050
Sec. 8.16.720.8.16.830.-Penalty for violation of chapter..................................................................3050
Sec. 8.16.730.8.16.840.-Enforcement..............................................................................................3050
Sec. 8.16.740.8.16.850.-City prosecutor and city attorney enforcement authority...........................3051
Sec. 8.16.750.8.16.860.-Civil action by authorized recycling agent.................................................3052
Sec. 8.16.760.8.16.870.-Removal of unauthorized containerContainer in the public right-of-way...3152
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DIVISION 1. -PURPOSE AND DEFINITIONS
Sec. 8.16.010. -Purpose.
(a)This chapter is adopted in accordance with Article XI, §7 of the California Constitution and
the California Integrated Waste Management Act of 1989 (Public Resources Code §
4005940000 et seq., as amended from time to time, hereinafter “AB 939”), for the purpose
of regulating collection and disposal of solid waste and regulating recycling activities in
order to protect the public health, safety, and well-being, control the spread of vectors,
promote diversion and reduce the waste stream directed to landfills and limit sources of air
pollution, noise and traffic within the cityCity.
(b) The City is obligated by AB 939 to implement plans for solid waste source reduction,
reuse, and recycling (including composting) to meet specified achievement milestones.
(c)State recycling law, Assembly Bill 341 of 2011 requires businesses and Multi-Family
property owners that generate a specified threshold amount of Solid Waste to arrange for
recycling services and requires jurisdictions to implement a Mandatory Commercial
Recycling program.
(d)State organics recycling law, Assembly Bill 1826 of 2014 requires businesses and
Multi-Family property owners that generate a specified threshold amount of Solid Waste,
Recycling, and Organic Waste per week to arrange for recycling services for that waste,
requires the City to implement a recycling program to divert Organic Waste from
businesses subject to the law, and requires the City to implement a Mandatory
Commercial Organics Recycling program.
(e)SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California
Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to
reduce organics in landfills as a source of methane. The regulations place requirements
on multiple entities including the City, residential households, Commercial Businesses
and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food
Recovery Organizations, and Food Recovery Services to support achievement of
Statewide Organic Waste disposal reduction targets.
(f)SB 1383 further requires the City to adopt and enforce an ordinance to implement relevant
provisions of SB 1383 Regulations. The ordinance amending this chapter will also help
reduce food insecurity by requiring Commercial Edible Food Generators to arrange to
have the maximum amount of their Edible Food, that would otherwise be disposed, be
recovered for human consumption.
(g)Pursuant to the California Constitution, the City is authorized to enact ordinances to
protect the public health, safety, and welfare. Pursuant to Public Resources Code Section
40059,aspects of solid waste handling of local concern include, but are not limited to, the
frequency of collection, means of collection and transportation, level of service, charges
and fees, and whether solid waste services are to be provided by means of non-exclusive,
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partially exclusive, or wholly exclusive franchise, contract, license or permit, and the terms
and conditions of such franchise, license or permit.
Sec. 8.16.020. -Definitions.
The following words and phrases, for the purposes of this chapter, are defined as follows:provided
below. Certain definitions shall have the same meaning as established in AB 939, the California
Integrated Waste Management Act of 1989, as amended from time to time, and the regulations
CalRecycle codified at Title 14 of the California Code of Regulations, Division 7 (commencing with
Section 17000), as amended from time to time, which definitions shall take precedence to be
consistent with State law and regulations.
AB 939 or Act means the California Integrated Waste Management Act of 1989, Public Resources
Code Sections 40000, et seq., as may be amended from time to time.
AB 939 administrative fee means the fee or assessment set by the cityCity which is intended to
offset the cityCity's expenses in administering this chapter and to compensate the cityCity for the
costs associated with compliance with AB 939. Any fee or assessment imposed under this
chapter, shall be those which the city councilCity Council may from time to time hereafter approve
by resolution.
Bin means a metal containerContainer with hinged lids and wheels with a capacity of less than ten
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).
Blue Container means a Container where either: (a) the lid of the Container is in blue color, or (b)
the body of the Container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a Blue Container may be any color. Blue Containers
shall be used for the purpose of storage and collection of Source Separated Recyclable Materials,
which includes non-putrescible and non-hazardous recyclable wastes such as cans, metals,
plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Brown Container means a Container where either (a) the lid of the Container is brown in color, or
(b) the body of the Container is brown in color and the lid is either brown, gray, or black in color.
Hardware such as hinges and wheels on a Brown Container may be any color. Brown Containers
shall be used for the purpose of storage and collection of Food Waste when additional
segregation of Source Separated Organic Waste is required.
Bulky itemsItems means solid waste that cannot typically be accommodated within the solid
waste containerContainer at the premises including without limitation: Furniture (including chairs,
sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water
heaters, dishwashers, plumbing, small household appliances and other similar items); unusually
large amounts of yard debris and green waste and small pieces of wood; and clothing. Bulky
itemsItems do not include car bodies, construction and demolition waste or items requiring more
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than two persons to remove, or as otherwise provided in a franchise agreement. Electronic waste
may be collected as bulky itemsBulky 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.
California Code of Regulations or CCR means the State of California Code of Regulations. CCR
references in this chapter are preceded with a number that refers to the relevant Title of the CCR
(e.g., “14 CCR” refers to Title 14 of CCR).
City means the City of Diamond Bar.
City councilCouncil or council means the City Council of the City of Diamond Bar.
City managerManager 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. the City.
Collector means any solid waste enterprise that has: (1) been issued a franchise to provide solid
waste collection services in the cityCity; or (2) been issued a limited collection permit to
collectCollect waste under this chapter.
Commercial premisesBusiness or Commercial means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall,
industrial facility, or a multifamily residential dwelling. A Multi-Family Residential Dwelling that
consists of fewer than five (5) units is not a Commercial Business for purposes of implementing
this chapter.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food
Generator as defined below. For the purposes of this definition, Food Recovery Organizations
and Food Recovery Services are not Commercial Edible Food Generators.
A.Tier One Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1)Supermarket.
(2)Grocery Store with a total facility size equal to or greater than 10,000
square feet.
(3)Food Service Provider.
(4)Food Distributor.
(5)Wholesale Food Vendor.
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B.Tier Two Commercial Edible Food Generator means a Commercial Edible Food
Generator that is one of the following:
(1)Restaurant with 250 or more seats, or a total facility size equal to or greater
than 5,000 square feet.
(2)Hotel with an on-site Food Facility and 200 or more rooms.
(3)Health facility with an on-site Food Facility and 100 or more beds.
(4)Large Venue.
(5)Large Event.
(6)A State agency with a cafeteria with 250 or more seats or total cafeteria
facility size equal to or greater than 5,000 square feet.
(7)A Local Education Agency facility with an on-site Food Facility.
Commercial Premises or commercial property means all occupied real property in the cityCity 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
(binsBins 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.
Community Composting means any activity that composts green material, agricultural material,
food material, and vegetative food material, alone or in combination, and the total amount of
feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square
feet.
Compost means the product resulting from the controlled biological decomposition of organic
Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are
separated at a centralized facility.
Construction/demolition hauler means any person or entity that collects construction or demolition
waste for disposal at a facility that accepts construction and demolition waste for reuse or
recycling pursuant to a limited collection permit issued under this chapter.
Construction/demolition waste means solid waste generated at the premises that is directly
related to construction, remodeling or demolition activities occurring thereon including without
limitation, any material generally considered to be not water soluble and non-hazardous in nature,
such as steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, lumber, rocks,
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soils, tree remains, trees, and other vegetative matter generated by and discarded in conjunction
with a covered construction project.
Construction permittee means any person that applies for and receives a building, grading or
demolition permit to undertake a construction, remodeling or demolition project covered within the
cityCity.
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 binBin, solid waste containerContainer, vessel, can or other receptacle
used for the temporary accumulation and collection of solid waste.
Covered construction project or covered project means any construction, remodeling or
demolition project that is not exempt pursuant to section 8.16.6208.16.730 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 collectorCollector 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 collectorCollector at a
landfill, or solid waste disposal facility utilized for the ultimate disposition of solid waste or by any
other manner authorized by law, where the waste is not recycled or reused.
Divert, diverted and diversion means any combination of waste prevention, source reduction,
recycling, reuse, composting and transformation activities that reduces waste disposed at
landfills, provided such activities are recognized by the California Department of Resources,
Recovery and Recycling ("CalRecycle") as diversion in its determination of the cityCity's diversion
rate and compliance with AB 939. The amount of transformation tonnage that will be considered
toward a diversion requirement may be limited in a franchise agreement.
Diversion requirements means the obligations imposed by or upon the cityCity 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 cityCity including, without limitation, state
mandates to divert a specified percentage of the solid waste generated within the cityCity's
jurisdiction, found at Public Resources Code § 41780, as amended.
Edible Food means food intended for human consumption. For the purposes of this chapter,
Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this chapter
requires or authorizes the Recovery of Edible Food that does not meet the food safety
requirements of the California Retail Food Code.
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Electronic waste (E-Waste)means any discarded electronic product, equipment,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 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). 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.
Food Distributor means a company that distributes food to entities including, but not limited to,
Supermarkets and Grocery Stores.
Food Recovery means actions to Collect and distribute food for human consumption that
otherwise would be disposed.
Food Recovery Organization means an entity that engages in the collection or receipt of Edible
Food from Commercial Edible Food Generators and distributes that Edible Food to the public for
Food Recovery either directly or through other entities, including, but not limited to:
(1)A food bank as defined in Section 113783 of the Health and Safety Code;
(2)A nonprofit charitable organization as defined in Section 113841 of the Health and
Safety code; and,
(3)A nonprofit charitable temporary food facility as defined in Section 113842 of the
Health and Safety Code.
A Food Recovery Organization is not a Commercial Edible Food Generator for the
purposes of this chapter.
Food Recovery Service means a person or entity that collects and transports Edible Food from a
Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food
Recovery. A Food Recovery Service is not a Commercial Edible Food Generator for the purposes
of this chapter.
Food Service Provider means an entity primarily engaged in providing food services to
institutional, governmental, Commercial, or industrial locations of others based on contractual
arrangements with these types of organizations.
Food Waste means all of the following:
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(1)Food Scraps, including all food such as, but not limited to, fruits, vegetables, meat,
poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and
eggshells. Food Scraps excludes fats, oils, and grease when such materials are
Source Separated from other Food Scraps; and
(2)Food-Soiled Paper, including compostable paper material that has come in
contact with food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons; and
(3)Compostable Plastics, including plastic materials that meet the ASTM D6400
standard for compostability.
Franchise means the right and privilege granted by the cityCity to collectCollect, dispose, recycle
and divert solid waste collected within the cityCity.
Franchise agreement or agreement means the solid waste collection agreement entered into
between a solid waste enterprise and the cityCity, and approved by the city councilCity 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.
Gray Container means a Container where either: (a) the lid of the Container is gray or black in
color, or (b) the body of the Container is entirely gray or black in color and the lid is gray or black in
color. Hardware such as hinges and wheels on a Gray Container may be any color. Gray
Containers shall be used for the purpose of storage and collection of Gray Container Waste.
Gray Container Waste means Solid Waste that is collected in a Gray Container that is part of a
three-Container Organic Waste collection service that prohibits the placement of Organic Waste
in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b).
Green Container means a Container where either: (a) the lid of the Container is green in color, or
(b) the body of the Container is green in color and the lid is green, gray or black in color. H ardware
such as hinges and wheels on a Gray Container may be any color. Green Containers shall be
used for the purpose of storage and collection of Source Separated Green Container Organic
Waste.
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 inches in
diameter or 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.
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Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh
fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned
within the store where the food is prepared and served, including a bakery, deli, and meat and
seafood departments.
Gross receipts means any and all revenue received from customer billings, and compensation in
any form, of collectorCollector or subsidiaries, parent companies or other affiliates of
collectorCollector, for the collection and transportation of solid waste in the cityCity, in accordance
with generally accepted accounting principles, including, but not limited to, customer fees for
collection of solid waste, without subtracting disposal fees, cityCity fees or other fees or any other
cost of doing business. Gross receipts does not include revenue from the sale of recyclables.
Hazardous waste means any substance or waste materials or mixture of wastes defined as
"hazardous," a "hazardous substance" or "hazardous waste" pursuant to California Public
Resources Code § 40141, California Health and Safety Code § 25501, § 25501.1, § 25249.8 and
§ 25281, or identified and listed as hazardous waste by the U.S. Environmental Protection
Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 USC §
6901, et seq.), or the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), (42 U.S.C. Sections 9601, et seq.), and all future amendments thereto, and all rules
and regulations promulgated thereunder, or as otherwise defined by the EPA, the California
legislature, the CalRecycle, the Department of Toxic Substances Control or other agency of the
United States Government or the State of California empowered by law to classify or designate
waste as hazardous. If there is a conflict in the definitions employed by two or more agencies
having jurisdiction over hazardous or solid waste, the term "hazardous substance" or "hazardous
waste" shall be construed to have the broader, more encompassing definition.
High Diversion Organic Waste Processing Facility means a facility that is in compliance with the
reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average
Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR
Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream”
as defined in 14 CCR Section 17402(a)(11.5).
Inspection means a site visit where the City reviews records, containers, and an entity’s
collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to
determine if the entity is complying with requirements set forth in this chapter.
Large Event means an event, including, but not limited to, a sporting event or a flea market, that
charges an admission price, or is operated by a local agency, and serves an average of more than
2,000 individuals per day of operation of the event, at a location that includes, but is not limited to,
a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open
space when being used for an event.
Large Venue means a permanent venue facility that annually seats or serves an average of more
than 2,000 individuals within the grounds of the facility per day of operation of the venue facility.
For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue
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facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium,
amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport,
racetrack, horse track, performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this chapter and implementation of 14 CCR, Division 7, Chapter
12, a site under common ownership or control that includes more than one Large Venue that is
contiguous with other Large Venues in the site, is a single Large Venue.
Local Education Agency means a school district, charter school, or county office of education that
is not subject to the control of City or county regulations related to Solid Waste.
Mixed Waste Organic Collection Stream or Mixed Waste means Organic Waste collected in a
Container that is required by 14 CCR Sections 18984.1, 18984.2 or 18984.3 to be taken to a High
Diversion Organic Waste Processing Facility.
Multi-Family Residential Dwelling or Multi-Family means of, from, or pertaining to residential
premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels,
or other transient occupancy facilities, which are considered Commercial Businesses.
Notice means notice sent by first-class certified mail, facsimile or email delivery if agreed to by the
parties under a franchise agreement.
Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes
including but not limited to bottles, cans, metals, plastics and glass.
Organic Waste means Solid Wastes containing material originated from living organisms and
their metabolic waste products, including but not limited to food, green material, landscape and
pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing
paper, manure, biosolids, digestate, and sludges.
Organic Waste Generator means a person or entity that is responsible for the initial creation of
Organic Waste.
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 cityCity where solid waste is generated or accumulated.
Prohibited Container Contaminants means the following: (i) discarded materials placed in the
Blue Container that are not identified as acceptable Source Separated Recyclable Materials for
the Blue Container; (ii) discarded materials placed in the Green Container that are not identified
as acceptable Source Separated Green Container Organic Waste for the Green Container; (iii)
discarded materials placed in the Brown Container that are not identified as acceptable Source
Separated Food Waste for the Brown Container; (iv) discarded materials placed in the Gray
Container that are acceptable Source Separated Recyclable Materials and/or Source Separated
Green Container Organic Wastes to be placed in the Blue Container, Green Container, and/or
Brown Container; and, (iv) Excluded Waste placed in any Container.
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Public works directorWorks Director or director means the Diamond Bar Public Works Director or
the designee of that individual.
Recovery or Organic Waste Recovery means any activity or process described in 14 CCR
Section 18983.1(b).
Recyclable materials or recyclables means solid waste that has some potential economic value,
and is set aside, handled, packaged, or offered for collection in a manner different from rubbish or
garbage in order to allow it to be processed for recycling. source separated materials that are
intended for recycling and/or capable of being recycled. For the purpose of collection of
recyclable materials through a Collector, recyclable materials shall be limited to those materials
identified in the Collector’s contract with the City as acceptable recyclable materials.
Recycling means the processing of recyclable materials for the purpose of returning them to the
economy in the form of raw materials for new, reused, or reconstituted products. The collection,
transportation or disposal of solid waste not intended for, or capable of, reuse is not recycling.
Recycling includes the activities of an electronic waste recycler and a green waste processing
facility.
Remote Monitoring means the use of the internet of things (IoT) and/or wireless electronic
devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for
purposes of identifying the quantity of materials in containers (level of fill) and/or presence of
Prohibited Container Contaminants.
Residential premises or residential property means premises upon which dwelling units exist,
including, without limitation, single-family dwellings, multi-family dwellings requiring residential
solid waste containers (carts)to accommodate the waste generated on the premises, apartments,
boarding or rooming houses, condominiums, mobile homes, efficiency apartments, second units,
and group homes on residential premises (as that 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 cityCity on a
case by case basis.
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for
on-premises or immediate consumption.
Roll-off box means solid waste collection containers of ten 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. Self-Hauler
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means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has
generated to another person. Self-hauler also includes a person who back-hauls waste.
Back-haul means generating and transporting Organic Waste to a destination owned and
operated by the generator using the generator’s own employees and equipment.
Senior citizen means a person 60 years of age or older who is the head of household and receives
collection services at his or her personal residence.
Solid waste means all discarded putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, recyclable materials, green waste, and rubbish of every kind and
character, but excluding hazardous waste and electronic waste. Solid waste must be generated
by and at the physical location where the waste is collected.
Single-Family means of, from, or pertaining to any residential premises with fewer than five (5)
units.
Solid Waste has the same meaning as defined in State Public Resources Code Section 40191,
which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid
wastes, with the exception that Solid Waste does not include any of the following wastes:
(1)Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2)Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter
8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health
and Safety Code).
(3)Medical waste regulated pursuant to the State Medical Waste Management Act
(Part 14 (commencing with Section 117600) of Division 104 of the State Health
and Safety Code). Untreated medical waste shall not be disposed of in a Solid
Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources Code.
(4) Abandoned vehicles or parts thereof.
Solid waste collection services or collection services means the collection, transportation,
storage, transfer, disposal, diversion or processing of solid waste by a collectorCollector.
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.
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Source Separated means materials, including commingled recyclable materials, that have been
separated or kept separate from the Solid Waste stream, at the point of generation, for the
purpose of additional sorting or processing those materials for recycling or reuse in order to return
them to the economic mainstream in the form of raw material for new, reused, or reconstituted
products, which meet the quality standards necessary to be used in the marketplace, or as
otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this chapter, Source
Separated shall include separation of materials by the generator, property owner, property
owner’s employee, property manager, or property manager’s employee into different containers
for the purpose of collection such that Source Separated materials are separated from Gray
Container Waste/Mixed Waste or other Solid Waste for the purposes of collection and processing.
Source Separated Green Container Organic Waste means Source Separated Organic Waste that
can be placed in a Green Container that is specifically intended for the separate collection of
Organic Waste by the generator, excluding carpets, Non-Compostable Paper, and textiles.
Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables.
SRRE means the source reduction and recycling element of the integrated waste management
document for the cityCity prepared and updated pursuant to the California Public Resources
Code.
State means the State of California.
Supermarket means a full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood
items and some perishable items.
Tonnage report includes a tonnage form or a copy of such form prepared by a collectorCollector
or an officer or agent of a collectorCollector. 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 cityCity.
Universal waste means those discarded wastes listed in Title 22, Section 66261.9 of the
California Code of Regulations, and includes fluorescent lamps and bulbs, cathode ray tubes,
non-empty aerosol cans, instruments and switches that contain mercury, dry cell batteries and
batteries containing cadmium copper or mercury.
Waste disposal facility or facility means any landfill, transfer station, incinerator, land reclamation
project, or other similar site or facility which is used or intended to be used for the transfer,
consolidation, processing or disposal of solid waste.
Weight tickets/invoices means receipts provided by a waste disposal or recycling facility reflecting
the net amount of solid waste disposed of by a collectorCollector at a collection location.
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Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale
distribution of food, where food (including fruits and vegetables) is received, shipped, stored,
prepared for distribution to a retailer, warehouse, distributor, or other destination.
DIVISION 2. -FRANCHISES
Sec. 8.16.030. -Franchise requirement.
(a) The city councilCity Council may authorize, by franchise, a solid waste enterprise to provide
solid waste collection services for customers at residential and commercial premises. In the sole
discretion of the city councilCity Council, the collection services may be authorized on an
exclusive or nonexclusive basis, with or without competitive bidding, and may relate to any class
or type of solid waste within all or any part of the territory of the cityCity.
(b) Except as otherwise provided for in this chapter, no person shall collectCollect and/or dispose
of solid waste in the cityCity without having first been awarded a solid waste collection franchise
and entered into a franchise agreement with the cityCity. All such collectors shall comply with all
of the requirements of this chapter. The cityCity retains the rights and power that it has under
applicable laws and nothing in a franchise agreement may be construed to waive any of the
cityCity's governmental rights or police powers.
Sec. 8.16.040. -Franchise.
(a) The nature, scope of services, party obligations and restrictions, term and duration of the
franchise shall be set forth in a franchise agreement entered into between a collectorCollector and
cityCity, 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 councilCity Council, best serve the public interest
and protect the public health, safety and welfare.
(b) The cityCity and collectorCollector 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
cityCity to extend the term of any franchise.
Sec. 8.16.050. -City's approval or denial.
(a) If the city councilCity Council finds that it is in the public interest to issue a solid waste
franchise, the city councilCity Council may approve a franchise and the corresponding
agreement, and the applicant shall be entitled to exercise all of the franchise rights provided for
therein upon its written acceptance of the terms and conditions in the agreement.
(b) No solid waste enterprise shall be awarded a franchise for the collection of solid waste unless
the enterprise successfully demonstrates it has sufficient equipment available to meet the dates
and 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 cityCity
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may also require that collection vehicles be liquefied natural gas (LNG), compressed natural gas
(CNG) vehicles, or other available low-emission technology.
Sec. 8.16.060. -Transfers.
Except as otherwise set forth in a franchise agreement, any assignment or transfer of the
franchise without the cityCity'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 cityCity'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 collectorCollector's stock to a new controlling
interest. The cityCity may, in its discretion, require a transfer fee, in an amount set forth in the
franchise agreement.
Sec. 8.16.070. -Franchise terms.
Any franchise awarded pursuant to this chapter shall be for an initial term of not more than ten
years, with the possibility of renewal at the option of the city councilCity Council.
Sec. 8.16.080. -Temporary collection services.
The city managerCity 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 councilCity Council; or
(3) The collectorCollector refuses or is unable to collectCollect solid waste, provided such
arrangement is agreed to in the franchise agreement.
Sec. 8.16.090. -Fees.
(a) The cityCity may in its discretion, and as set forth in a franchise agreement, collectCollect
from a collectorCollector a franchise fee for the privilege of operating a solid waste collection
service within the cityCity, 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.
Sec. 8.16.100. -Interim suspension.
(a) T he city managerCity Manager, without a hearing, may suspend a franchise for not more than
45 calendar days, if the manager finds that continued operation by a collectorCollector will
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constitute an immediate threat to the public health, safety or general welfare of the cityCity, due to
a default in the franchise agreement, or for inability to perform pursuant to the terms of the
franchise agreement. The city managerCity 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 collectorCollector fails to cure or if time to cure is not required
under the agreement, the city managerCity Manager shall provide written notice of interim
suspension to the collectorCollector setting forth the grounds for the suspension. The interim
suspension will go into effect immediately upon delivery of the written notice to a
collectorCollector.
(b) A collectorCollector may appeal the interim suspension to the city councilCity Council,
provided a written appeal is submitted to manager within five calendar days after notice of interim
suspension has been sent to the collectorCollector. 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) T he city councilCity Council shall hold a hearing on the appeal. Notice of such hearing shall be
sent to a collectorCollector not less than ten calendar days prior to the hearing. The city
councilCity Council may affirm the action of the manager, refer the matter back to the manager for
further consideration, or overturn the decision of the city managerCity Manager. The council may
terminate the interim suspension or extend the period of the interim suspension and/or may
initiate proceedings for revocation of the franchise. The council shall base its action upon the
standards delineated in subsection (a) above and section 8.16.110 below.
Sec. 8.16.110. -Franchise revocation or modification.
(a) After a hearing, the city councilCity Council may revoke; modify the rights, obligations and
conditions of a franchise; or impose a penalty on the collectorCollector in an amount provided for
in the franchise agreement if a collectorCollector has violated any provision of this chapter, the
franchise agreement or any other applicable law, ordinance, or regulation related to the collection
services provided in the cityCity.
(b) It is unlawful for any person or solid waste enterprise to operate under a franchise that has
been revoked or suspended.
Sec. 8.16.120. -Notice of hearing on revocation or modification hearing.
The cityCity shall serve a written notice of the city councilCity Council franchise revocation or
modification hearing on a collectorCollector not less than 15 calendar days prior to such hearing.
Sec. 8.16.130. -City councilCouncil decision.
The cityCity shall serve written notice to a collectorCollector of the city councilCity Council's ruling
and such notification shall be made within ten calendar days of the hearing. The notice of ruling
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shall include, without limitation, the effective date of any revocation, modification or penalty. The
decision of the city councilCity Council shall be final.
Sec. 8.16.140. -Cessation of operations.
Upon revocation of a franchise by the council, a collectorCollector shall cease operations in the
cityCity within the period of time determined by the council but in no event shall the
collectorCollector operate for more than 45 calendar days after notice of revocation.
DIVISION 3. -SOLID WASTE COLLECTION
Sec. 8.16.150. -Collector's liability insurance.
(a) A collectorCollector must obtain comprehensive general and automobile liability insurance
acceptable to the cityCity attorney insuring a collectorCollector against death, bodily injury,
property damage and automobile liability arising out of or in any way connected with the
collectorCollector'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 cityCity written
notice as provided in the franchise agreement. Such insurance shall be primary and
noncontributing with respect to any other insurance available to the cityCity 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
cityCity attorney, shall be filed with the city managerCity Manager before the hauler is authorized
to collectCollect or otherwise transport solid waste under the franchise.
(b) Suspension, cancellation, or termination of the insurance by the provider without obtaining
substitute insurance meeting the requirements of subsection (a) above shall be grounds for
immediate suspension of the franchise until new insurance is provided, and a collectorCollector
shall be liable to the cityCity for any and all damages suffered by the cityCity arising out of such
suspension, cancellation or termination.
Sec. 8.16.160. -Worker's compensation insurance.
A collectorCollector shall at all times provide, at its own expense, workers' compensation
insurance coverage for all of its employees as required under state law and shall file and maintain
a certificate with the manager showing said insurance to be in full force and effect.
Sec. 8.16.170. -City to be free from liability.
Every franchise agreement and limited collection permit shall include an indemnification provision
whereby the franchisee or permitee agrees to indemnify the cityCity against liability from claims
that arise out of the solid waste collection services.
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Sec. 8.16.180. -Performance guarantees.
(a) The cityCity may require a collectorCollector to file a surety bond, letter of credit, and/or a
certificate of deposit prior to the effective date of the franchise to guarantee the faithful
compliance with this chapter and the franchise agreement. Such bond, letter of credit or certificate
shall remain in force during the life of the agreement and all renewals thereof.
(b) In the event of suspension,cancellation, or termination of the bond, letter of credit or
certificate by the issuer, the franchise shall be immediately suspended until a new guarantee
mechanism is provided to the satisfaction of the city managerCity Manager, and a
collectorCollector shall be liable to the cityCity for any and all damages suffered by the cityCity
arising out of such suspension, cancellation or termination.
Sec. 8.16.190. -Office for inquiries and complaints.
A collectorCollector shall maintain an office at some fixed location and shall maintain a telephone
line at the office, listed in the current telephone directory and online at the collectorCollector's
website, in the firm name by which it conducts business in the cityCity, and shall, during the days
and times provided for in the franchise agreement, have an employee or agent at said office to
answer inquiries and receive complaints. In addition, inquiries and complaints may also be
handled by email if provided for in the franchise agreement.
Sec. 8.16.200. -Permits and licenses.
A collectorCollector shall obtain all applicable permits and licenses required by any federal, state
or local agency.
Sec. 8.16.210. -Responsibility for damages.
(a) Any collectorCollector, or person providing solid waste collection services or operating a solid
waste enterprise in the cityCity 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 collectorCollector
shall be responsible, at the collectorCollector's sole expense, for any physical damage to private
or public property caused by the negligent or willful acts or omissions of collectorCollector's
employees, agents, volunteers, or other individuals providing the services set forth in the
franchise.
Sec. 8.16.220. -City inspection authority.
To the extent required by law and as set forth in a franchise agreement, any collectorCollector
providing collection services or operating a solid waste enterprise in the cityCity shall keep and
maintain books of account, income statements, tonnage reports, weight tickets, customer lists,
billing records, maps, AB 939 compliance records, and customer complaints and other like
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materials and documents of the collectorCollector which relate to the collectorCollector's
compliance with the provisions of this chapter or relate in any way to business transactions
conducted by the person in the cityCity 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 collectorCollector shall make these
records and documents available to the cityCity upon request upon five business days' written
notice. Such records shall be made available to the cityCity at the collectorCollector's regular
place of business, either within the Los Angeles County limits or within 20 miles of Diamond Bar
City Hall if outside Los Angeles County, or by delivering such records to Diamond Bar City Hall.
Sec. 8.16.230. -Collection rates.
(a) A charge for the collection of solid waste shall be imposed on each customer to whom
collection service is made available. The maximum rate and any adjustments thereto shall be
agreed upon by the collectorCollector and the cityCity in the agreement and in accordance with
any applicable provisions of state law. The charge so fixed shall be a civil debt due and owing to
collectorCollector 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 containercontainers of 64-gallon capacity. A
differentDifferent size containercontainers may be supplied upon customer request, and a
maximum monthly rate shall also be established that accounts for the size differential.
(c) A collectorCollector 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 collectorCollector
and the amount of the reduction shall be as specified in the franchise agreement.
(d) Residential customers who practice yard waste composting and grass cycling, or generate no
yard wastes other than unacceptable yard debris not normally allowed in the yard waste
container, can refuse a green waste container and may be eligible for a reduction in collection
rates, pending verification of the absence of acceptable yard waste in the refuse container. If a
container for storing green waste is refused by a customer, it shall be the duty of the customer to
assure that green wastes are actually recycled, composted, and/or grass cycled in a safe manner
either on the premises or with a gardener or landscaper. The amount of the reduction shall be as
specified in the franchise agreement.
(e) At no time shall a customer receive greater than 30 percent reduction off the base monthly
collection rate. (f) Customers shall file applications for reductions based on the criteria set forth in
this section, with the Diamond Bar Public Works Department and applications shall be
accompanied with such supporting documentation as determined necessary by the director of
public works. A change of address terminates the special rate provided for in this section, but a
new application may be made and the reduced rate shall be allowed, if the requirements of this
section are satisfied. The city manager may adopt rules and regulations deemed necessary to
properly carry out the provisions of this section.
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Sec. 8.16.240. -Rate adjustments.
A collectorCollector shall provide each customer, at least 60 days in advance of the beginning of a
billing period, written notice of the implementation of changes in any of its rates and charges. All
rate adjustments shall be made in accordance with the agreement and any applicable provisions
of state law or this Code.
Sec. 8.16.250. -Fees and other charges.
(a) Except as otherwise provided by federal, state or local laws, this chapter or other city
councilCity Council authorized restrictions, all fees and charges applicable to this chapter shall be
established by city councilCity Council resolution.
(b) P ursuant to Public Resources Code §§ 41900 et seq., as amended, the cityCity may levy fees
upon collectors and customers for planning and program development and administration
regarding solid and household hazardous waste, recyclable materials and/or green waste
planning, and for access to collection service, for collection service, inspection, auditing, transfer
and disposal and the planning for and response to releases and spills of solid wastes which have
the characteristics of hazardous wastes. Such fees may include charges for the use of waste
disposal facilities and may include costs of preparing and implementing source reduction and
recycling elements, household hazardous waste elements and integrated waste management
plans. The cityCity may collect such charges by such means as determined by city councilCity
Council resolution or ordinance.
(c) Pursuant to Public Resources Code § 41902, the cityCity may directly assess any fees or may
by agreement, arrange for any fees upon the customers to be collected by a collectorCollector
under this chapter. Any applicable fee established pursuant to this chapter shall be payable by the
collectorCollector to the cityCity 30 calendar days after the close of each quarter of the
collectorCollector's fiscal year, or such other times as may be set forth in the franchise agreement.
The collectorCollector shall pay or collect, as the case may be, an AB 939 administrative fee, as
may be established in accordance with state law.
Sec. 8.16.260. -Billing and payment of collection rates, fees and charges.
Billing and payment procedures are as follows:
(a) A collectorCollector shall bill all customers for all services rendered, whether regular or
special services. The collectorCollector shall provide itemized bills, distinctly showing charges for
all classifications of services, including, but not limited to, the charges for late payment, redelivery
fees, charges for additional containers, reductions and other special services covered under this
chapter.
(b) The cityCity may, at the cityCity'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 cityCity
institute a parcel charge, the collectorCollector shall be paid for each residential unit or premises
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served according to a payment schedule as set forth by a separate resolution of the city
councilCity Council.
(c) Notwithstanding any other provision of this chapter, the city councilCity Council, in its sole
discretion, may collect delinquent fees owed pursuant to this chapter by placement of the fees on
the property tax rolls, pursuant to the provisions of this section. The city councilCity 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 councilCity Council
elect to apply the provisions of this section, the following procedures shall be followed:
(1) Any customer who, as of June 1 of any given year, is delinquent as to any charges or
penalties due as of March 31 of that same year, shall be mailed written notification that the
city councilCity 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
1 to be included as an additional assessment for the respective affected parcel on the
county property tax rolls. At the time of such written notification, a penalty shall be added
to the delinquent account to cover the administrative costs of such procedure. Any owner
whose property is so affected shall have the right to appear before the council when it
deliberates on the matter.
(2) The city councilCity Council shall consider the matter at a public hearing.
(3) The council may also consider at the hearing requests for waivers or adjustments of
the delinquent charges or penalties. Requests for such waivers or adjustments shall be
considered only if timely made, and if accompanied by sufficient information and
documentation to permit the director of finance to make a determination of whether cause
exists to justify a waiver or adjustment. The council may determine that the fees or
penalties owed by any property owner should be waived or adjusted, for any of the
following reasons:
(a) Property ownership change.
(b) Vacant units not requiring service.
(c) Demolition of units during a service quarter.
(d) Condemnation actions against the property.
(e) Incorrect mailing address.
(f) Incorrect ownership information.
(g) 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
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manner of ordinary municipal taxes. If delinquent, the amount shall be subject to the same
penalties and procedures of foreclosure and sale provided for ordinary municipal taxes.
As an alternative method, the county tax collector, in his discretion, may collect the
assessments without reference to the general taxes, by issuing separate bills and receipts
for the assessments. Laws relating to the levy, collection and enforcement of county taxes
shall apply to such special assessment fees.
Sec. 8.16.270. -Required monthly and annual reports.
(a) A collectorCollector shall provide the cityCity separate monthly and annual tonnage and
information reports in an amount, form and on dates set forth in the franchise agreement.
(b) The collectorCollector shall provide the cityCity two copies of all reports, or other material
adversely affecting the collectorCollector's status under this chapter, including, but not limited to,
reports submitted by the collectorCollector to the Environmental Protection Agency, CalRecycle,
or any other federal or state agency. Copies shall be submitted to cityCity simultaneously with the
collectorCollector's, filing of such matters with such agencies.
(c) T he collectorCollector shall submit to the cityCity copies of all notices of lawsuits, applications,
notifications, communications and documents of any kind, submitted by the collectorCollector to,
as well as copies of all decisions, correspondence and actions by, any federal, state and local
courts, regulatory agencies and other government bodies relating specifically to the
collectorCollector's performance of services pursuant to this chapter. Any confidential data
exempt from public disclosure shall be retained in confidence by the cityCity to the extent
permitted by law.
(d) A ll reports and records required under this or any other section of this Code, the agreement or
state or federal law shall be furnished at the sole expense of the collectorCollector.
Sec. 8.16.280. -Collection in emergencies.
Except as otherwise provided in the force majeure provisions of a franchise agreement, in the
event that the collection, transportation and/or disposal services of a collectorCollector are
temporarily interrupted or discontinued due to riots, wars, civil disturbances, explosion, natural
disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor
disturbances or other catastrophic events which are beyond the reasonable control of a
collectorCollector, for a period of more than 72 hours, and if as a result thereof, solid waste should
accumulate in the cityCity to such an extent, in such a manner, or for such a time that the city
managerCity Manager should find that such accumulation endangers or menaces the public
health, safety or welfare, the cityCity shall have the right, upon 24-hour prior written notice to a
collectorCollector, 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.
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Sec. 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 councilCity Council.
(b) No person shall collectCollect any solid waste from any commercial premises or residential
premises within the cityCity, place a containerContainer, or other receptacle for solid waste at any
premises within the cityCity, or collectCollect,transfer, or remove solid waste within the cityCity,
unless that person holds a franchise or limited collection permit from the cityCity for such
collection or containerContainer placement. Each day any person shall engage in these activities
without holding a franchise or limited collection permit from the cityCity for doing so shall
constitute a separate offense.
(c) E ach residential and commercial property owner and occupant in the cityCity shall, at all times
utilize the services of a collectorCollector and pay the rates approved by the city councilCity
Council for the regular and routine collection of solid waste from such premises and shall, at all
times comply with cityCity 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 section 8.16.550(f),
permitted self-hauling, donation of recyclables, and construction/demolition waste activities.
Sec. 8.16.300. -Holidays.
If the day of collection on any given route falls on a holiday observed by the cityCity or waste
disposal facility to which waste or recyclables collected within the cityCity are taken for disposal,
the collectorCollector shall provide collection service for such route on the next workday following
such holiday and the collection days for the remainder of that week shall all be postponed one
collection day, unless otherwise provided in the agreement or this chapter. The following holidays
will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day, and any other day designated as such in a contract between a
collectorCollector and the labor union serving as the exclusive representative of that.Collector's
employees, provided the holiday is established or recognized by resolution of the city councilCity
Council or in an agreement between the cityCity and a collectorCollector.
Sec. 8.16.310. -Collection service requirements.
A franchised collectorCollector shall provide the following specific services as described in
subsections (a) through (i) of this section. These services shall be in addition to any requirements,
conditions, policies and procedures as may be established by resolution of the city councilCity
Council from time to time hereafter or in an agreement. In the event that the cityCity grants more
than one franchise, the following services may be allocated amongst all of the collectors.
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(a) A collectorCollector, at the collectorCollector'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 cityCity's recycling and,green waste services, composting, organic waste recycling, and
disposal and recycling for electronic waste.
(b) Collectors shall collectCollect, transport and recycle as mulch all holiday trees that are placed
at the curbside, from residential premises within the cityCity during the period beginning on the
first Monday following Christmas and ending on the third Monday in January, or such other period
as may be agreed to in the franchise agreement.
(c) A collectorCollector at the collectorCollector's sole expense shall provide, at a minimum, four
free curbside collections of bulky itemsBulky Items per year to all residential premises, either on
days of the month selected by the director of public worksPublic Works Director, 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 collectorCollector shall not be required to remove automobile bodies, materials brought in
from other areas or any other items which may not be safely handled by two persons. Collector
shall make a good faith effort to reuse or recycle bulky itemsBulky Items and shall only dispose of
these items if necessary. E-waste shall only be disposed of in appropriate facilities, capable of
handling the waste in a manner required by law.
(d) A collectorCollector, at the cityCity's sole option, shall provide upon request solid waste
collection and recycling services to all. Public public facilities (i.e., city hall, cityCity parks, etc.) at
no charge to the cityCity.
(e) A collectorCollector shall, at no additional charge, provide on-demand collection of illegally
dumped bulky goods within one business day of the cityCity's request, unless a different time is
set forth in the franchise agreement. If the cityCity issues more than one franchise, the collectors
may provide this service according to a rotational schedule established by the director of public
worksPublic Works Director.
(f) A collectorCollector shall, at no additional charge, provide containers suitable to store all
necessary supplies and equipment that may be needed in the event of a disaster to the cityCity
and all public schools within the cityCity. The size, location and number of containers shall be
determined in the franchise agreement.
(g) A collectorCollector 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 collectorCollector shall report to the cityCity
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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 collectorCollector shall implement aan organic waste and green waste collection program for
all residential premises, and commercial premises where landscaping or gardening activities are
conducted. Green. Organic and green waste shall be placed for collection in the manner set forth
in this chapter and in an agreement.
Sec. 8.16.320. -Frequency of collection.
(a) A collectorCollector shall collectCollect 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
collectorCollector shall possess a sufficient number of vehicles including spares to maintain the
collection schedule at all times.
(b) A collectorCollector shall submit to cityCity 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 for which it 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,
collectorCity Manager, Collector shall cause to be mailed a written notice to all customers of such
schedule not later than December 31 of each year. In his or her discretion, the city managerCity
Manager may mail out the annual notice to all customers, at the expense of the collectorCollector.
Sec. 8.16.330. -Hours of collection.
(a) No collection, or delivery or removal of containers, shall be made between the hours of 6:30
p.m. and 6:30 a.m. Monday through Friday or at any time on Saturday and Sunday, except that if
agreed to in a franchise agreement, Saturday collection may be permitted during holiday weeks
for residential premises, and as a regular collection day for commercial premises. The director of
public worksPublic Works Director may require a collectorCollector to change hours of operation if
it is determined that the operations have a detrimental effect upon the peace and quiet of
residential neighborhoods.
(b) In order to prevent problems of traffic, noise, wear and tear to public highways, or other
problems having the potential to adversely affect the health, safety, and the general quality of life
of the community, the city councilCity Council may by resolution regulate the routes, intervals,
delivery points, and days for collection by collectors operating within the cityCity.
(c) The city managerCity Manager may temporarily waive the requirements of this section when
necessitated by conditions beyond the control of the collectorCollector.
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Sec. 8.16.340. -Residential containers.
At the collectorCollector's own expense, a collectorCollector shall provide each residential
premises for which it is authorized to collectCollect at least one containerContainer each for the
collection of: (1) solid waste, (2) recyclables and (3) organic and 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.
Sec. 8.16.350. -Commercial containers.
(a) A collectorCollector shall provide containers suitable to each commercial premises for which it
is authorized to collectCollect solid waste and recyclables, including organic and green waste.
(b) All containers shall be constructed of durable metal or plastic and have wheels and a tight
-fitting lid that shall be kept closed at all times. Containers shall not permit the contents thereof to
sift or pass through any opening therein other than the top, shall be maintained in a safe and
sanitary condition by the customer and shall not contain any rough or jagged surfaces. The use of
oil drums of 50-gallon capacity or more is specifically prohibited.
Sec. 8.16.360. -Care of containers.
Collector's agents and employees shall handle all containers with care.
Sec. 8.16.370. -Employees of collectorCollector.
All collectorCollector's field employees shall wear name tags or uniforms to enable identification
while providing service to the public.
Sec. 8.16.380. -Trespass.
No person authorized to collectCollect solid waste shall enter on private property beyond the
extent necessary to collectCollect the solid waste properly placed for collection.
Sec. 8.16.390. -Noise.
A collectorCollector 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.
Sec. 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 collectorCollector.
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Sec. 8.16.410. -Collection vehicle identification.
Except as otherwise provided in this chapter, no solid waste enterprise may operate any vehicle
for the collection of solid waste in the cityCity unless the owner of the vehicle is a
collectorCollector as that term is defined in section 8.16.020.
Sec. 8.16.420. -Operation of equipment.
A collectorCollector 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 cityCity.
Sec. 8.16.430. -Compliance with vehicle standards.
Any vehicle used in the collection of solid waste in the cityCity 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
collectorCollector 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 managerCity Manager
give notification at any time to a collectorCollector 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 cityCity by the collectorCollector. The vehicle shall not again be utilized in the
cityCity until the collectorCollector successfully demonstrates to the manager that the vehicle is in
compliance with the requirements of the agreement and this Code. A collectorCollector shall
maintain its regular collection schedule regardless of the repair of any vehicle.
Sec. 8.16.440. -Resource recovery.
A collectorCollector shall, at all times, comply with cityCity policies and programs regarding solid
waste recovery, reduction and recycling, including the cityCity's source reduction and recycling
element. Such policies and programs may be established by resolution of the city councilCity
Council. Compliance with such policies and programs shall be a condition of any franchise issued
pursuant to this chapter.
Sec. 8.16.450. -Diversion requirement.
A collectorCollector shall not deposit at any landfill more solid waste than the percentage
designated in the franchise agreement. That percentage of solid waste shall be diverted from
landfills through reduction, recycling and composting activities. Through implementation of the
franchise agreement, a collectorCollector shall assist the cityCity in meeting its diversion
obligations under Public Resources Code § 41780, as amended, to the greatest extent
practicable., as well as new recycling and diversion requirements imposed by the State, including
AB 341 (2011) requiring mandatory commercial solid waste recycling programs, AB 1826 (2014)
requiring mandatory organic waste recycling programs, AB 1594 (2014) eliminating diversion
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credits for green waste as alternative daily cover at landfills, and SB 1383 (2016) and
implementing CalRecycle regulations requiring residential organic waste recycling programs to
reduce short-lived climate pollutants. Activities deemed in contravention of that goal shall be a
violation of this section.
DIVISION 4. -LIMITED COLLECTION PERMITS
Sec. 8.16.460. -Limited collection permit requirement.
No person, other than a franchisee, permitted self-hauler or commercial recycler, shall
collectCollect solid waste in the cityCity without having first been issued a limited collection
permit. Such permit shall be in addition to any business license or permit otherwise required by
the cityCity. The director of public worksPublic Works Director is authorized to promulgate
administrative policies and procedures for issuing such permits.
This division 4 shall not apply to the self-haul of construction and demolition wastes, which are
governed by division 6 of this chapter entitled "construction and demolition waste."
Sec. 8.16.470. -Permit requirement.
Applications shall include, but not be limited to:
(a) Name of applicant.
(b) Business address, and addresses where all vehicles will be stored.
(c) A description of each vehicle and other equipment that the applicant owns or has under its
control.
(d) A list of customers which the collectorCollector will service in the cityCity.
(e) Proposed collection rates to be charged by the applicant.
(f) Detailed information regarding services offered to customers and a listing of customers
currently receiving collection service.
(g) Any other information requested by the city managerCity Manager.
Sec. 8.16.480. -Permit fees.
Each permittee shall pay a yearly fee in an amount determined by resolution of the city councilCity
Council.
Sec. 8.16.490. -Permit terms.
Any permit issued under this division shall be for a term of not more than one year and shall expire
December 31 of each year.
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Sec. 8.16.500. -Transfer of permit.
A permit issued under this division 4 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 collectorCollector 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 councilCity Council.
Sec. 8.16.510. -Denial of permit.
After review of the permit application, the city managerCity Manager, or designee, may deny the
issuance of an annual limited collection permit based on information disclosed in the permit
application. Denial of an annual limited collection 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 division 4. Upon denial, the city managerCity Manager shall provide the
limited collection permittee written notification of the reasons therefore and shall include the
effective date of such denial. Written notification of denial shall be delivered by first-class mail,
postage pre-paid or certified mail, return receipt requested.
Sec. 8.16.520. -Revocation, suspension, appeal.
The city managerCity Manager may revoke or suspend any permit pursuant to the provisions of
sections 8.16.100—8.16.140, inclusive. The collectorCollector may appeal the denial, revocation,
or suspension of a permit pursuant the procedures set forth in subsections 8.16.100(b) through
(d), inclusive. It is unlawful for any person to operate under a permit which has been revoked or
suspended.
Sec. 8.16.530. -Prohibited acts.
No limited collection permittee shall perform solid waste collection services otherwise provided for
in a solid waste franchise agreement. No limited collection permittee shall collect a fee for
recyclable material collection services provided to residential premises.
Sec. 8.16.540. -Additional permitee obligations.
A collection permittee shall also be subject to the following provisions of this chapter 8.16:
Section 8.16.150, collectorCollector's liability insurance, provided that the amount of insurance
shall be determined by administrative policy promulgated by the director;
Section 8.16.160, worker's compensation insurance;
Section 8.16.170, cityCity to be free from liability;
Section 8.16.190, office for inquiries and complaints;
Section 8.16.200, permits and licenses;
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Section 8.16.210, responsibility for damages;
Section 8.16.220, cityCity inspection authority;
Section 8.16.330, hours of collection;
Section 8.16.380, trespass;
Section 8.16.390, noise;
Section 8.16.400, ownership;
Section 8.16.410, collection vehicle identification;
Section 8.16.420, operation of equipment;
Section 8.16.440, resource recovery; and
all other applicable provisions of this Municipal Code.
DIVISION 5. -SOLID WASTE ACTIVITIES AND EXCLUSIONS
Sec. 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) C ontainers 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 containerContainer from a commercial
premisesCommercial Premises on any public street, alley or thoroughfare or in any public place
without first obtaining an encroachment permit from the cityCity's public works department for
each day the containerContainer is placed there. Any containerContainer 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 containerContainer shall be removed at the end of the day in
which it was placed in the public street, alley or thoroughfare.
(c) No person shall place any containerContainer of solid waste to be collected by the
collectorCollector, 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 cityCity for the collection of such
solid waste on the particular route involved, earlier than sunset of the day preceding the day
designated for collection, and all containers shall be removed from the place of collection prior to
10:00 p.m. on the day the containers have been emptied.
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(d) Should any containerContainer not be emptied and the contents removed on the date and
time scheduled by the collectorCollector, customer should immediately notify the
collectorCollector or the cityCity, and it shall be the duty of the collectorCollector to arrange for the
collection and disposal of the solid waste.
(e) Occasional loads of solid waste not susceptible to placement in a containerContainer may be
placed for collection at the same place and time as the containerContainer if securely tied in
sturdy bags or bundles not heavier than 70 pounds, not more than four feet in length, nor more
than 18 inches in diameter. Wooden boxes, crates, or cardboard boxes must be broken down and
stacked neatly at the customer's collection point. No cardboard box, paper bag or oil drum may be
used as a containerContainer for solid waste.
(f) Solid waste not susceptible to placement in a containerContainer may, in the discretion of the
collectorCollector, be scheduled for special collection upon the application of the customer of the
premises. Special collection charges may be assessed by the collectorCollector for this service
with prior approval of above-mentioned customer of the premises and subject to any
requirements set forth in a franchise agreement.
(g) Except when placed out for collection purposes, containers shall be kept and maintained only
in storage locations permitted by title 22 of this Code, as may be amended from time to time, or as
specified by use permit or other entitlement for use. In addition, containerContainer 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.
Sec. 8.16.560. -Prohibited acts.
It shall be unlawful for any customer or person to do the following:
(a) For any customer or person owning, managing or having the control of any premises or
vacant lot within the cityCity 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 cityCity
except as provided in this chapter.
(c) To permit solid waste to accumulate, or to blow about in a manner that creates an unsightly
appearance, or a health hazard, or to fail to immediately clean up, or arrange for the immediate
cleanup, of any waste released, spilled or dumped into the environment during removal or
transport within the cityCity by such person.
(d) To dispose his or her solid waste into containers at locations other than those that are located
upon property which they own or occupy or where they work.
(e) To engage in the following activities unless the individual is the property owner or occupant,
person in charge of the day-to-day activities of the place or premises or agents of the
collectorCollector authorized to collectCollect from that premises:
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(1) Remove or move any containerContainer from the location where the
containerContainer was placed for storage or collection;
(2) Remove any solid waste or recyclable material from any containerContainer;
(3) Apply any paint or markings (commonly known as "graffiti" or "tagging") to any
containerContainer without the prior written approval of the owner of the
containerContainer.
(f) To place bulky itemsBulky Items adjacent to a street or public right-of-way without first having
made arrangements with the cityCity, a collectorCollector, or other person for the prompt pickup
of the bulky itemsBulky Items.
(g) To burn solid waste within the cityCity, except in an approved incinerator or transformation
facility or other device for which a permit was issued and which complies with all applicable permit
and other regulations of air pollution control authorities and provided any such act of burning in all
respects complies with all other laws, rules and regulations.
(h) To bury or dump any solid waste within the cityCity.
(i) To set out or cause to be set out for regular solid waste collection by a collectorCollector:
(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.
Sec. 8.16.570. -Backyard residential composting.
(a) Notwithstanding any other provision of this chapter, residents are encouraged to compost
green wastes, including grass clippings, leaves, plant trimmings, wood ashes and vegetable
kitchen scraps or manure (but not including other household garbage or animal waste). The
following composting conditions must be met:
(1) Compost piles or bins shall not be visible from the street or neighboring properties;
(2) The compost piles or bins shall not be located next to a stream or drainage course;
(3) Compost piles and bins are maintained so that they do not generate an offensive odor
or harbor rodents;
(4) The compost is enclosed, screened or otherwise maintained to minimize insects and
pests; and
(5) The pile or containerContainer shall not permit surface run-off or leachate to other
property or to drainage courses, waterways or streams.
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(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.
Sec. 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 cityCity pursuant to this chapter. The director of public worksPublic Works Director is
authorized to promulgate administrative policies and procedures for issuing such permits,
provided that self-haulers must comply with Section 8.16.600 below. This section does not apply
to construction/demolition waste.
(b) Self-haulers must deposit solid waste only at a properly licensed waste disposal facilities
including without limitation a landfill, recycling center, recyclable material purchasing center,
compostable materials handling facility, transfer station, green material composting facility or
other facility permitted to accept such material. Each self-hauler must report to the cityCity, at a
frequency and in a manner determined by the director of public worksPublic Works Director, the
type, quantity, volume, weight and destination of solid waste collected in the cityCity and
transported from the cityCity, and present gate tickets or receipts to substantiate its disposal
reports. Failure to submit required reports to the cityCity is a basis for revocation of a "self-hauler"
permit. Self-haulers must haul waste from the property at a frequency comparable to the service
provided by the collectorCollector. Failure to do so is a basis for revocation of a "self-haul" permit.
Sec. 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 containerContainer, provided that self-haulers shall
comply with Section 8.16.600 below.
(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
agreementshall comply with Section 8.16.600 below.
Sec. 8.16.600. –Organic Waste Self-hauler requirements.
Self-Haulers that Collect and transport materials pursuant to Sections 8.16.580 and 8.16.590
shall:
(a)Source separate all recyclable materials and Organic Waste (materials that City otherwise
requires generators to separate for collection in the City’s organics and recycling
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collection program) generated on-site from Solid Waste in a manner consistent with 14
CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion
Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b)Haul their Source Separated Recyclable Materials to a facility that recovers those
materials; and haul their Source Separated Green Container Organic Waste to a Solid
Waste facility, operation, activity, or property that processes or recovers Source
Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High
Diversion Organic Waste Processing Facility.
(c)Self-Haulers that are Commercial Businesses (including Multi-Family Residential
Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid
Waste facility, operation, activity, or property that processes or recovers Organic Waste;
this record shall be subject to Inspection by the City. The records shall include the
following information:
(1)Delivery receipts and weight tickets from the entity accepting the waste.
(2)The amount of material in cubic yards or tons transported by the generator to each
entity.
(3)If the material is transported to an entity that does not have scales on-site, or
employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that
allows it to determine the weight of materials received, the Self-Hauler is not
required to record the weight of material but shall keep a record of the entities that
received the Organic Waste.
Sec. 8.16.600.8.16.610.-Commercial recycler exclusion for
source-separated recyclables.
No provisions of this chapter shall prevent a recycling business from contracting to collectCollect
source-separated recyclables that are donated or sold to that recycling business by a customer.
"Source-separated recyclables" within the meaning of this subsection means recyclables that
have been separated from solid waste for the purpose of sale or donation, that have not been
mixed with or contain more than incidental or minimal solid waste, and that do not have a negative
market value inclusive of collection, transportation, and disposition costs. This exclusion does not
apply if the material collected is hauled for a net fee.
Sec. 8.16.620. –Organic Waste Waivers
(a)De Minimis Waivers. Residential development with minimal individual open space and
greenspace such as town homes with common-area open space predominantly serviced
by gardeners and landscapers subject to Section 8.16.600 of this chapter are exempt from
the Organic Waste requirements of this chapter. Furthermore, the City may waive a
Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply
with some or all of the Organic Waste requirements of this chapter if the Commercial
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Business provides documentation that the business generates below a certain amount of
Organic Waste material as described in this Section. Commercial Businesses requesting
a de minimis waiver shall:
(1)Submit an application specifying the services that they are requesting a waiver
from and provide documentation as noted in subdivision (b) below.
(2)Provide documentation that either:
(a)The Commercial Business’ total Solid Waste collection service is two cubic
yards or more per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 20 gallons per week per
applicable Container of the business’ total waste; or,
(b)The Commercial Business’ total Solid Waste collection service is less than
two cubic yards per week and Organic Waste subject to collection in a Blue
Container or Green Container comprises less than 10 gallons per week per
applicable Container of the business’ total waste.
(3)Notify the City if circumstances change such that the Commercial Business’
Organic Waste exceeds the threshold required for waiver, in which case the waiver
will be rescinded.
(4)Provide written verification of eligibility for de minimis waiver every 5 years, if the
City has approved a de minimis waiver.
(b)Physical Space Waivers. A Commercial Business or property owner may request a
physical space waiver through the following process:
(1)Submit an application form specifying the type(s) of collection services for which
they are requesting a compliance waiver.
(2)Provide documentation that the premises lack adequate space for Blue Containers
and/or Green Containers including documentation from the hauler, licensed
architect, or licensed engineer.
(3)Provide written verification to the City that it is still eligible for physical space waiver
every five years, if the City has approved application for a physical space waiver.
Sec. 8.16.630. –Requirements for Single-family Organic Waste Generators
Single-Family Organic Waste Generators shall comply with the following requirements except
Single-Family generators that meet the Self-Hauler requirements in Sections 8.16.580 and
8.16.600:
(a)Single-Family Organic Waste Generators shall subscribe to the City’s Organic Waste
collection services for all Organic Waste generated as described in subdivision (b) of this
Section. The City shall have the right to review the number and size of a generator’s
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containers to evaluate adequacy of capacity provided for each type of collection service
for proper separation of materials and containment of materials; and, Single-Family
generators shall adjust their service level for their collection services as directed by the
City. Generators may additionally manage their Organic Waste by preventing or reducing
their Organic Waste, managing Organic Waste on site, and/or using a Community
Composting site pursuant to 14 CCR Section 18984.9(c).
(b)Single-family Waste Generators shall participate in the City’s Organic Waste collection
service(s) by placing designated materials in designated containers as described in in
subdivision (c) of this Section and shall not place Prohibited Container Contaminants in
collection containers.
(c) Single-Family Organic Waste Generators shall place Source Separated Green Container
Organic Waste, including Food Waste, in the Green Container; Source Separated
Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray
Container. Generators shall not place materials designated for the Gray Container into
the Green Container or Blue Container.
Sec. 8.16.640–Requirements for Commercial Businesses
(a)Generators that are Commercial Businesses, including Multi-Family Residential
Dwellings, shall subscribe to the City’s collection services and comply with requirements
of those services as described in this Section.
(b)Generators that are Commercial Businesses shall place solid waste on containers
depending on the collection services subscribed to as follows:
(1)Two Container services. Commercial Businesses subscribing to two Container
collection services shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated Recyclable
Materials and Solid Waste in the Gray Container.
(2) Three Container services. Commercial Businesses subscribing to three Container
collection services shall place Source Separated Green Container Organic Waste,
including Food Waste, in the Green Container; Source Separated Recyclable
Materials in the Blue Container; and Gray Container Waste in the Gray Container.
Generator shall not place materials designated for the Gray Container into the
Green Container or Blue Container.
(3)Additional two-plus or three-plus services. If additional segregation of Food Waste
is necessary to be Source Separated from the Green Container, Commercial
Businesses may be required to place Food Waste in a Brown Container,
regardless of whether they have initially subscribed to two-Container or
three-Container services.
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(c)The City shall have the right to review the number and size of a generator’s containers and
frequency of collection to evaluate adequacy of capacity provided for each type of
collection service for proper separation of materials and containment of materials; and,
Commercial Businesses shall adjust their service level for their collection services as
requested by the City.
(d)Generators shall supply and allow access to adequate number, size and location of
collection containers with sufficient labels or colors for employees, contractors, tenants,
and customers, consistent with the City’s Blue Container, Green Container, Gray
Container and Brown Container (if required) collection service.
(e)Excluding Multi-Family Residential Dwellings, generators shall provide containers for the
collection of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials in all indoor and outdoor areas where disposal containers are
provided for customers, for materials generated by that business. Such containers do not
need to be provided in restrooms. If a Commercial Business does not generate any of the
materials that would be collected in one type of Container, then the business does not
have to provide that particular Container in all areas where disposal containers are
provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided
by the business shall have either:
(1)A body or lid that conforms with the Container colors provided through the
collection service provided by the City, with either lids conforming to the color
requirements or bodies conforming to the color requirements or both lids and
bodies conforming to color requirements. A Commercial Business is not required
to replace functional containers, including containers purchased prior to January 1,
2022, that do not comply with the requirements of the subsection prior to the end of
the useful life of those containers, or prior to January 1, 2036, whichever comes
first.
(2)Container labels that include language or graphic images, or both, indicating the
primary material accepted and the primary materials prohibited in that Container,
or containers with imprinted text or graphic images that indicate the primary
materials accepted and primary materials prohibited in the Container. Pursuant 14
CCR Section 18984.8, the Container labeling requirements are required on new
containers commencing January 1, 2022.
(f)Multi-Family Residential Dwellings are not required to comply with Container placement
requirements or labeling requirement in subdivision (e) pursuant to 14 CCR Section
18984.9(b).
(g)To the extent practical through education, training, Inspection, and/or other measures,
excluding Multi-Family Residential Dwellings, Commercial Businesses shall prohibit
employees from placing materials in a Container not designated for those materials per
the City’s Blue Container, Green Container, and Gray Container collection service.
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(h)Excluding Multi-Family Residential Dwellings, Commercial Businesses shall periodically
inspect Blue Containers, Green Containers, and Gray Containers for contamination and
inform employees if containers are contaminated and of the requirements to keep
contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(i)Commercial Businesses shall annually provide information to employees, contractors,
tenants, and customers about Organic Waste Recovery requirements and about proper
sorting of Source Separated Green Container Organic Waste and Source Separated
Recyclable Materials.
(j)Commercial Businesses shall provide education information before or within fourteen (14)
days of occupation of the premises to new tenants that describes requirements to keep
Source Separated Green Container Organic Waste and Source Separated Recyclable
Materials separate from Gray Container Waste (when applicable) and the location of
containers and the rules governing their use at each property.
(k)Commercial Businesses shall provide or arrange access for the City or its agent to their
properties during all Inspections conducted in accordance with Section 8.16.710 of this
chapter to confirm compliance with the requirements of this Section.
(l)Commercial Businesses shall accommodate and cooperate with the City’s Remote
Monitoring program for Inspection of the contents of containers for Prohibited Container
Contaminants, which may be implemented at a later date, to evaluate generator’s
compliance with subdivision (b). The Remote Monitoring program shall involve installation
of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and
Gray Containers.
(m)At Commercial Business’s option and subject to any approval required from the City,
Commercial Businesses shall implement a Remote Monitoring program for Inspection of
the contents of its Blue Containers, Green Containers, and Gray Containers for the
purpose of monitoring the contents of containers to determine appropriate levels of
service and to identify Prohibited Container Contaminants. Generators may install
Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray
Containers subject to written notification to or approval by the City or its Designee.
(n)If a Commercial Business wants to self-haul, the Commercial Business must comply with
the Self-Hauler requirements in Section 8.16.600 of this chapter.
(o)Nothing in this Section prohibits a generator from preventing or reducing waste
generation, managing Organic Waste on site, or using a Community Composting site
pursuant to 14 CCR Section 18984.9(c).
(p)Commercial Businesses that are Tier One or Tier Two Commercial Edible Food
Generators shall comply with Food Recovery requirements, pursuant to Section 8.16.670
of this chapter.
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Sec. 8.16.650. –Organic Waste Haulers
Collectors providing residential, Commercial, or industrial Organic Waste collection services to
generators within the City’s boundaries shall meet the following requirements and standards as a
condition of approval of a contract, agreement, or other authorization with the City to Collect
Organic Waste:
(a)Through written notice to the City annually on or before January 31st,identify the facilities
to which they will transport Organic Waste including facilities for Source Separated
Recyclable Materials, and Source Separated Green Container Organic Waste.
(b)Transport Source Separated Recyclable Materials, and Source Separated Green
Container Organic Waste to a facility, operation, activity, or property that recovers Organic
Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(c)Obtain approval from the City to haul Organic Waste, unless it is transporting Source
Separated Organic Waste to a Community Composting site or lawfully transporting
construction/demolition waste in a manner that complies with 14 CCR Section 18989.1,
Section 8.16.690 of this chapter, and Division 6 of this chapter (Construction and
Demolition Waste).
(d)Comply with education, equipment, signage, Container labeling, Container color,
contamination monitoring, reporting, and other requirements contained within its franchise
agreement, permit, or license issued by the City.
Sec. 8.16.660. –Organic Waste Facility operators
(a)Owners of facilities, operations, and activities that recover Organic Waste, including, but
not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned
treatment works shall, upon City request, provide information regarding available and
potential new or expanded capacity at their facilities, operations, and activities, including
information about throughput and permitted capacity necessary for planning purposes.
Entities contacted by the City shall respond within 60 days.
(b)Community Composting operators, upon City request, shall provide information to the City
to support Organic Waste capacity planning, including, but not limited to, an estimate of
the amount of Organic Waste anticipated to be handled at the Community Composting
operation. Entities contacted by the City shall respond within 60 days.
Sec. 8.16.670. –Organic Waste Commercial Edible Food Generators.
(a)Tier One Commercial Edible Food Generators must comply with the requirements of this
Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators
must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
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(b)Large Venue or Large Event operators not providing food services, but allowing for food to
be provided by others, shall require Food Facilities operating at the Large Venue or Large
Event to comply with the requirements of this Section, commencing January 1, 2024.
(c)Commercial Edible Food Generators shall comply with the following requirements:
(1)Arrange to recover the maximum amount of Edible Food that would otherwise be
disposed.
(2)Contract with, or enter into a written agreement with Food Recovery Organizations or
Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii)
acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to
the Food Recovery Organization for Food Recovery.
(3)Shall not intentionally spoil Edible Food that is capable of being recovered by a Food
Recovery Organization or a Food Recovery Service.
(4)Allow City’s designated enforcement entity or designated third party enforcement entity to
access the premises and review records pursuant to 14 CCR Section 18991.4.
(5)Keep records that include the following information, or as otherwise specified in 14 CCR
Section 18991.4:
(A)A list of each Food Recovery Service or organization that collects or receives its Edible
Food pursuant to a contract or written agreement established under 14 CCR Section
18991.3(b).
(B)A copy of all contracts or written agreements established under 14 CCR Section
18991.3(b).
(C)A record of the following information for each of those Food Recovery Services or Food
Recovery Organizations:
(i)The name, address and contact information of the Food Recovery Service or Food
Recovery Organization.
(ii)The types of food that will be collected by or self-hauled to the Food Recovery Service or
Food Recovery Organization.
(iii)The established frequency that food will be collected or self-hauled.
(iv)The quantity of food, measured in pounds recovered per month, collected or self-hauled to
a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d)Nothing in this chapter shall be construed to limit or conflict with the protections provided
by the California Good Samaritan Food Donation Act of 2017, the Federal Good
Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill
557 of 2017 (which added Article 13 [commencing with Section 49580] to Chapter 9 of
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Part 27 of Division 4 of Title 2 of the Education Code, and amended Section 114079 of the
Health and Safety Code, relating to food safety, as amended, supplemented, superseded
and replaced from time to time).
Sec. 8.16.680. –Food recovery organizations and services; regional
agencies.
(a)Food Recovery Services collecting or receiving Edible Food directly from Commercial
Edible Food Generators, via a contract or written agreement established under 14 CCR
Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14
CCR Section 18991.5(a)(1):
(1)The name, address, and contact information for each Commercial Edible Food Generator
from which the service collects Edible Food.
(2)The quantity in pounds of Edible Food collected from each Commercial Edible Food
Generator per month.
(3)The quantity in pounds of Edible Food transported to each Food Recovery Organization
per month.
(4)The name, address, and contact information for each Food Recovery Organization that
the Food Recovery Service transports Edible Food to for Food Recovery.
(b)Food Recovery Organizations collecting or receiving Edible Food directly from
Commercial Edible Food Generators, via a contract or written agreement established
under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise
specified by 14 CCR Section 18991.5(a)(2):
(1)The name, address, and contact information for each Commercial Edible Food Generator
from which the organization receives Edible Food.
(2)The quantity in pounds of Edible Food received from each Commercial Edible Food
Generator per month.
(3)The name, address, and contact information for each Food Recovery Service that the
organization receives Edible Food from for Food Recovery.
(c)Food Recovery Organizations and Food Recovery Services that have their primary
address physically located in the City and contract with or have written agreements with
one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b)
shall report to the City the total pounds of Edible Food recovered in the previous calendar
year from the Tier One and Tier Two Commercial Edible Food Generators they have
established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b)
no later than January 31st.
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(d)Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity
planning assessments or other studies conducted by the City, Food Recovery Services
and Food Recovery Organizations operating in the City shall provide information and
consultation to the City, upon request, regarding existing, or proposed new or expanded,
Food Recovery capacity that could be accessed by the City and its Commercial Edible
Food Generators. A F ood Recovery Service or Food Recovery Organization contacted by
the City shall respond to such request for information within 60 days, unless a shorter
timeframe is otherwise specified by the City.
Sec. 8.16.690. –Compliance with CalGreen Recycling Requirements.
(a)Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the requirements of this Section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11,known as
CALGreen and incorporated as part of the City’s Building Code pursuant to Section
15.00.3240 of this Code, if its project is covered by the scope of CALGreen. If the
requirements of CALGreen are more stringent than the requirements of this Section, the
CALGreen requirements shall apply. Project applicants shall refer to the City’s Building
Code, Chapter 15.00 of this Code,for complete CALGreen requirements.
(b)For projects covered by CALGreen, the applicants must, as a condition of the City’s permit
approval, comply with the following:
(1)Where five (5) or more Multi-Family dwelling units are constructed on a building
site, provide readily accessible areas that serve occupants of all buildings on the
site and are identified for the storage and collection of Blue Container and Green
Container materials, consistent with the three-Container collection program
offered by the City, or comply with provision of adequate space for recycling for
Multi-Family and Commercial Premises pursuant to Sections 4.408.1, 4.410.2,
5.408.1, and 5.410.1 of CALGreen as amended, provided that amended
requirements are more stringent than the CALGreen requirements for adequate
recycling space effective January 1, 2020.
(2)New Commercial construction or additions resulting in more than 30% of the floor
area shall provide readily accessible areas identified for the storage and collection
of Blue Container and Green Container materials, consistent with the
three-Container collection program offered by the City, or shall comply with
provision of adequate space for recycling for Multi-Family and Commercial
Premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of
CALGreen, as amended, provided that amended requirements are more stringent
than the CALGreen requirements for adequate recycling space effective January
1, 2020.
(3)Comply with CALGreen requirements and applicable law related to management
of construction/demolition waste, including diversion of Organic Waste in
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construction/demolition waste from disposal. Comply with the City’s
construction/demolition waste regulations, Division 6 of this chapter, and all written
and published policies and/or administrative guidelines regarding the collection,
recycling, diversion, tracking, and/or reporting of construction/demolition waste.
Sec. 8.16.700. –Compliance with Landscape Water Efficiency Ordinance
Requirements.
(a)Property owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who are
constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial)
project with a landscape area greater than 500 square feet, or rehabilitating an existing
landscape with a total landscape area greater than 2,500 square feet, shall comply with
Sections 2.5(H)(2)(b), (c), (d), and (g) of the Landscape Water Efficiency Guidelines
established pursuant to Chapter 8.14 of this Code (incorporating 23 CCR Sections
492.6(a)(3)(B) (C), (D), and (G)), including sections related to the use of Compost and
mulch as delineated in this Section.
(b)The following Compost and mulch use requirements that are part of Chapters 8.14 and
22.26 of this Code are now also included as requirements of this chapter. Other
requirements of Chapters 8.14 and 22.26 are in effect.
(c)Property owners or their building or landscape designers that meet the threshold for
landscape water efficiency compliance outlined in subdivision (a) above shall:
(1)Comply with Sections 2.5 of the Landscape Water Efficiency Guidelines
established pursuant to Sections 8.14.020,8.14.040,22.26.030,22.26.040 and
22.26.050 of this Code, which require the submittal of a landscape design plan
with a soil preparation, mulch, and amendments section to include the following:
(A)For landscape installations, Compost at a rate of a minimum of four cubic
yards per 1,000 square feet of permeable area shall be incorporated to a
depth of six (6) inches into the soil. Soils with greater than six percent (6%)
organic matter in the top six (6) inches of soil are exempt from adding
Compost and tilling.
(B)For landscape installations, a minimum three-(3-) inch layer of mulch shall
be applied on all exposed soil surfaces of planting areas except in turf
areas, creeping or rooting groundcovers, or direct seeding applications
where mulch is contraindicated. To provide habitat for beneficial insects
and other wildlife up to five percent (5%) of the landscape area may be left
without mulch. Designated insect habitat must be included in the landscape
design plan as such.
(C)Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
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unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local fuel
modification plan guidelines or other applicable local ordinances.
(2)The landscape water efficiency compliance items listed in this Section are not an
inclusive list of Chapters 8.14 and 22.26 requirements; therefore, property owners
or their building or landscape designers that meet the threshold for landscape
water efficiency compliance outlined in subdivision (a) shall consult Chapters 8.14
and 22.26 and the full Landscape Water Efficiency Guidelines for all requirements.
(d)If, after the adoption of the ordinance enacting this Section, the California Department of
Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7,
Sections 492.6(a)(3)(B) (C), (D), and (G) in a manner that requires the City to incorporate
the requirements of an updated Model Water Efficiency Landscape Ordinance in a local
ordinance, and the amended requirements include provisions more stringent than those
required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall
be enforced.
Sec. 8.16.710. –Inspection and investigation.
(a)City representatives, contractors and/or its designated entity are authorized to conduct
Inspections and investigations, at random or otherwise, of any collection Container,
collection vehicle loads, or transfer, processing, or disposal facility for materials collected
from generators, or Source Separated materials to confirm compliance with this chapter
by Organic Waste Generators, Commercial Businesses (including Multi-Family
Residential Dwellings), property owners, Commercial Edible Food Generators, haulers,
Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to
applicable laws. This Section does not allow City to enter the interior of a private
residential property for Inspection. For the purposes of inspecting Commercial Business
containers for compliance with Section 8.16.640(b) of this chapter, City may conduct
Container Inspections for Prohibited Container Contaminants using Remote Monitoring,
and Commercial Businesses shall accommodate and cooperate with the Remote
Monitoring pursuant to Section 8.16.640(l) of this chapter.
(b)Regulated entity shall provide or arrange for access during all Inspections (with the
exception of residential property interiors) and shall cooperate with the City’s employee or
its designated entity/Designee during such Inspections and investigations. Such
Inspections and investigations may include confirmation of proper placement of materials
in containers, Edible Food Recovery activities, records, or any other requirement of this
chapter. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access
to records for any Inspection or investigation is a violation of this chapter and may result in
penalties.
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(c)Any records obtained by the City during its Inspections, Remote Monitoring, and other
reviews shall be subject to the requirements and applicable disclosure exemptions of the
Public Records Act as set forth in Government Code Section 6250 et seq.
(d)City representatives, its designated entity, and/or Designee are authorized to conduct any
Inspections, Remote Monitoring, or other investigations as reasonably necessary to
further the goals of this chapter, subject to applicable laws.
(e)City shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous
complaints.
DIVISION 6. -CONSTRUCTION AND DEMOLITION WASTE
Sec. 8.16.610.8.16.720.-Construction or demolition waste.
Every covered construction project shall divert at least 75 percent, 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 cityCity.
Sec. 8.16.620.8.16.730.-Covered projects.
(a) The diversion and reporting requirements of this division apply to construction, demolition or
remodel projects of 1,000 square feet or more.
(b) The diversion and reporting requirements of this section shall not apply to the following
exempt projects:
(1) Any construction, demolition or remodel project of less than 1,000 square feet; and
(2) Any construction, demolition or remodel project that does not require a building permit and
does not generate construction/demolition waste; and
(3) Any project that requires emergency demolition 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.
Sec. 8.16.630.8.16.740.-Construction/demolition contractor self-haul
permit.
(a) N o person or solid waste enterprise other than the cityCity's exclusive franchise waste haulers
shall remove construction/demolition waste within the cityCity without first obtaining a contractor
self-haul permit as provided in this division 6 ("hereafter, C&D permit").
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(b) An application for a C&D permit shall include the following information:
(1) The type and amount of materials.
(2) The number of vehicles that the permittee utilizes and the types of containers that will be used
to collectCollect construction/demolition waste.
(3) The name, address and contact information for the construction and demolition recycling
facilities and waste disposal facilities where the permittee will take diverted material and waste.
(4) Such other pertinent facts or information as the director may require.
(c) In order to be legally qualified to obtain a C&D permit the applicant shall:
(1) Be willing and able to comply with the provisions of this Code, applicable law, and all
requirements of the C&D permit;
(2) Have demonstrated ability to remove and transport the required construction/demolition
waste to the appropriate recycling and waste disposal facilities; and
(3) Present evidence satisfactory to the director that the applicant, or a duly licensed construction
company contracted with the applicant, will be performing the hauling work with its own
equipment and will not contract with another entity or person to perform the service.
Sec. 8.16.640.8.16.750.-Deposit required for covered projects.
As a part of any application for, and prior to the issuance of, any building, grading or demolition
permit for a covered project, every construction permittee shall post a deposit, in the amount of
$50.00 for each estimated ton of construction/demolition waste, but not less than $250.00 and not
to exceed $5,000.00. The deposit shall be returned, without interest, in total or in proportion, upon
proof to the satisfaction of the director, that no less than 75 percent 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 managerCity Manager. The
deposit shall be forfeited entirely if there is a failure to comply with the requirements of this
section. Construction permittees utilizing a cityCity approved waste hauler are exempt from the 75
percent diversion requirement and shall receive a refund of the entire deposit amount upon
showing proof of utilizing a cityCity franchise hauler.
Sec. 8.16.650.8.16.760.-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 construction permittee shall submit to the director of public
worksPublic Works Director a properly completed "recycling and waste reduction application" on
a form prescribed by the manager. The application shall contain an estimate of the weight of
construction/demolition waste to be generated from the proposed covered project and identify the
permitted construction/demolition hauler for the project. The cityCity shall not issue a building or
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demolition permit until the director of public worksPublic Works Director accepts the recycling and
waste reduction application as complete and accurate.
Sec. 8.16.660.8.16.770.-Revocation.
The director may revoke a C&D permit for failure to comply with any provisions of this division 6 or
other applicable provision of this Code.
Sec. 8.16.670.8.16.780.-Records.
During the term of any covered project, the permitted hauler shall keep records of the amount of
waste disposed and diverted in tonnage or in other measurements approved by the director that
can be converted to tonnage.
Sec. 8.16.680.8.16.790.-Reporting.
(a) Within 30 calendar days following the completion of any covered construction project, the
construction permittee shall submit under penalty of perjury, and as a condition precedent to final
inspection and issuance of any certificate of occupancy, documentation to the satisfaction of the
director establishing compliance with the requirements of this division. The documentation shall
consist of a completed "recycling and waste reduction final compliance report" showing the weight
of materials disposed and diverted, supported by evidence satisfactory to the director, which may
include originals or photocopies of receipts and weight tickets/invoices or other records of
measurement from recycling companies and/or landfill and disposal companies. Receipts and
weight tickets may be required by the director to verify the amount of construction or demolition
waste generated from the site that has been diverted.
(b) If a project involves issuance of more than one permit, demolition, grading or building permit,
the report and documentation for the demolition and/or grading permits shall be submitted to and
approved by the director before issuance of a building permit.
Sec. 8.16.690.8.16.800.-Monitoring responsibility of director.
The director, or designee, shall monitor each covered construction project for compliance with this
section.
Sec. 8.16.700.8.16.810.-Permitted waste.
Only construction and demolition waste shall be placed in construction/demolition waste
containers. The construction/demolition waste hauler shall be responsible for ensuring that solid
waste from non-construction activities is not placed on the construction/demolition waste
containers. If non-construction solid waste is being generated at a construction site, a solid waste
containerContainer from the cityCity's franchised hauler authorized to collectCollect solid waste at
the premises shall be placed on the property and used for collection.
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Sec. 8.16.710.8.16.820.-Implementing regulations.
The director of public worksPublic Works Director shall have the authority to establish regulations
for the implementation of this section, and when duly established, such regulations shall be in full
force and effect.
DIVISION 7. -ENFORCEMENT
Sec. 8.16.720.8.16.830.-Penalty for violation of chapter.
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 misdemeanoran infraction and,
upon conviction thereof, shall be punished as provided in section 1.04.010. Section 1.04.010 of
this Code,the applicable requirements prescribed in 14 CCR Section 18997.2, and administrative
citations pursuant to Section 1.04.030 of this Code notwithstanding subdivision (d) of Section
1.04.010.
Sec. 8.16.730.8.16.840.-Enforcement.
(a)City enforcement official and/or their designee (whether an individual or entity) will monitor
compliance with this chapter randomly and through compliance reviews, route review,
investigation of complaint, and an inspection program.
(b)With the exception of violations of contamination of collection Container contents with
prohibited Container contaminants which will be addressed through non-collection of containers
and noticing by the collection contractor, and violations subject to immediate administrative
citation, City shall issue a notice to abate violations in accordance with Chapter 1.04.030 of this
Code requiring compliance within a maximum of 60 days of issuance of the notice. The City may
extend the compliance deadlines set forth in a notice to abate violations if it finds that there are
extenuating circumstances beyond the control of the non-compliant party that make compliance
within the deadlines impracticable, as described in 14 CCR Section 18995.4 including the
following:
1.Acts of God such as earthquakes, wildfires, flooding, and other emergencies or
natural disasters;
2.Delays in obtaining discretionary permits or other government agency approvals;
or,
3.Deficiencies in organic waste recycling infrastructure or edible food recovery
capacity and the City is under a corrective action plan with CalRecycle pursuant to
14 CCR Section 18996.2 due to those deficiencies.
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(c)City will conduct inspections, route reviews or waste evaluations and compliance reviews,
depending upon the type of regulated entity, to determine compliance with this chapter, and if City
determines that owner, responsible party, generator, self-hauler, hauler, tier one or tier two
commercial edible food generator, food recovery organization, food recovery service or other
entity is not in compliance, it may provide educational materials to the entity describing its
obligations under this chapter during 2022 and 2023 and a notice that compliance is required,
rather than issuance a notice of violation and assess penalties, except that the City may assess
criminal and administrative civil penalties in the event that the City prosecutor determines that
prosecution is warranted to deter egregious conduct. Commencing January 1, 2024, violations
may be subject to criminal and administrative civil penalties.
(ad) The violation of any of the provisions of this chapter shall constitute a nuisance and may
be abated by the cityCity 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.
(be) 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 collectorCollector operates.
(c) The remedies provided by this chapter are cumulative and in addition to any other criminal or
civil remedies.
Sec. 8.16.740.8.16.850.-City prosecutor and city attorney enforcement
authority.
In addition to any other general functions, powers, and duties given to the cityCity attorney and
cityCity 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 cityCity 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 cityCity under this chapter.
Sec. 8.16.750.8.16.860.-Civil action by authorized recycling agent.
Nothing in this chapter limits the right of any collectorCollector to bring a civil action against any
person who violates California Public Resources Code §§ 41950, 41951, nor will a conviction for
such violation exempt any person from a civil action.
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Sec. 8.16.760.8.16.870.-Removal of unauthorized containerContainer in the
public right-of-way.
The cityCity and collectors may remove unauthorized collection containers located within the
cityCity's public right-of-way that have been placed by or belong to haulers that are not authorized
to collectCollect solid waste in the cityCity. The cityCity may recover from the unauthorized hauler
any costs associated with impounding and storing an unauthorized containerContainer. Upon
notification from cityCity, or collectorCollector's locating of an unauthorized placed container,
collectorContainer, Collector may begin the following procedure within 24 hours:
(1) Collector shall first place a notice on containerContainer that:
a. Directs the unauthorized hauler or its customer to remove the containerContainer
within 24 hours of notice and if not removed, that the containerContainer will be
impounded;
b. Cites to this section of the Municipal Code;
c. Indicates where the impounded containerContainer may be retrieved and the
estimated impound and storage costs; and
d. Warns that, should a second containerContainer belonging to that company be
found in the cityCity in violation of this section, that containerContainer may be
removed and impounded without warning.
(2) If the company can be identified and its address ascertained, cityCity or collectorCollector
shall mail the notice as well.
(3) Collector shall notify cityCity of the notice and request written authorization to impound the
containerContainer.
(4) With cityCity written approval, collectorCollector may impound the containerContainer if it
has not yet been removed by the illegal hauler.
(5) For subsequent violations by the same company after the initial notice has been posted,
the collectorCollector has mailed a warning to the company if an address is ascertainable,
and after having received written approval from city, collectorCity, Collector may remove
company's containers immediately, mailing a notice if address is known as to where the
containerContainer may be retrieved and impound and storage costs. If address is
unknown, collectorCollector shall place the notice as close as feasible to where the
containerContainer was located.
7.2.c
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1
Kristina Santana
From:LARRY M. BLACK <larrymblack@hotmail.com>
Sent:Tuesday, November 16, 2021 4:46 PM
To:Kristina Santana
Cc:Larry;Black Gmail; Sean Buell; Christine Schachter
Subject:- Diamond Bar Citywide Bus Shelter Replacement Program
Attachments:Diamond Bar City Council_Bus Benches.docx
CAUTION: This message originated outside of our City of Diamond Bar network.
Ms. Santana, please find the attached & email from Mr. Sean Buell, Re/Max Universal in Diamond Bar - in
reference to tonight's meeting
Larry Black
From: Sean Buell <sean@seanbuell.com>
Sent: Tuesday, November 16, 2021 4:37 PM
To: LARRY M. BLACK <larrymblack@hotmail.com>
Subject: ‐ Diamond Bar Citywide Bus Shelter Replacement Program
Hi Larry –
Thanks for taking my call earlier this morning. As I mentioned, I will not be able to make it because of some family
scheduling issues that caught us off guard. Here are my thoughts I would like made at the meeting tonight, if you are still
willing and able. It ended up being slightly longer than I intended, but I’m happy with the final result and I hope you will
be, too. Thanks.
(Also attached as a Word doc, in case you prefer to print a cleaner version. Thanks again.)
Best –
Sean Buell ǁ CRS® ‐ RRC® ǁ Re/Max Universal Realty ǁ Office Manager ǁ 714‐287‐0604 mobile
1411 S. Diamond Bar Blvd., Diamond Bar, CA 91765 ǁ 909‐861‐9985 office ǁ Lic 01279029
Good Evening, Ms. Mayor & Councilmembers –
Thank you for allowing this statement to be read on behalf of RE/MAX Universal Realty, one of the active real estate
brokerages in our esteemed city. It is my understanding that these thoughts are being shared with you by someone with
whom you are already familiar, Larry Black. So I would also like to thank him, but that may be a little odd since he is
reading it aloud. Regardless, thanks, Larry.
I would have liked to have been in attendance tonight to share these thoughts myself, but I had a family scheduling
conflict due to my eldest daughter’s water polo practice. This information may seem irrelevant to the topic at hand, but
please indulge me for a moment.
Much of what is often shared regarding Realtors® advertising in cities usually requires councilmembers to deliberate
between two paradigms: namely facilitating revenue growth in commerce versus keeping the city looking good. I
believe, however, that there is another perspective that should be considered, but that is often overlooked. Please
consider for a moment that the best real estate agents, some of whom are here tonight, significantly help to foster the
very community you are tasked with guiding and protecting.
In December of 2020 the National Association of REALTORS® published a report on the findings of REALTOR®
involvement in communities. Among many aspects of the survey, the study found that during COVID…
• 36% of REALTORS® had donated to local food banks. 11% had volunteered to serve at them.
2
• 16% of our members had donated meals for school children and 6% had helped pass them out.
• 76% of our membership volunteers in their community in some fashion. RE/MAX Universal’s very
own Cindy Ruiz serves on Walnut’s school board. That may not impress anyone here tonight, but
we’re darn proud of her.
• 85% of our membership donated money to non‐profits as part of their personal business plan.
The list goes on. But if by chance community involvement isn’t enough to persuade, then consider this. Another study by
N.A.R. indicates that for every two homes sold, a job is created. It makes sense when you think about it. Not just due to
the services required for the sale, either. Escrow officers, title reps, home inspectors, termite companies, appraisers, and
the agents employment are obvious, but the unseen job creation comes from things like moving day and home
improvement. Let’s be honest… moving day stinks. Nobody purchases a home simply because they love to pack boxes
and lift heavy furniture. How many times did you visit Ace Hardware or Target after your last move just to buy items that
you’d swear you already owned? Regardless of the emotional reaction this realistic picture of what we REALTORS® do
for a living may elicit within you, in terms of a community, this equates to jobs and tax dollars for the city that you serve.
I could go on, but I think you get the point, so I’ll end with this. I can’t be here this evening because I’m not just a
Realtor®. I’m also a husband, father, volunteer, church deacon, and a decent neighbor (if you’re to believe the folks that
live in the houses around me). That’s really the essence of a REALTOR®… we help to create community and jobs, then we
keep giving back to make sure what we’ve done is worth sticking around to enjoy. In light of all this, I encourage you to
allow us a little space on some nicely renovated bus stops so that we can continue advertising. I’m sure I speak for all of
our REALTOR® members in attendance tonight when I say we promise to help make the community better if you’ll assist
us in doing so.
Respectfully,
Sean Buell – REALTOR®
Sales Manager, RE/MAX Universal Realty
Larry M. Black, C2EX, PMC
NAR Realtor Emeritus
Heritage Real Estate Group
Diamond Country Escrow, Inc. ‐ Partner
Priority Title Company, C0‐Founder
NMLS #234223
DRE License No. 01508076
DRE License No. 01327527
DRE License No. 00674504
NAR ‐ 2016‐2023 Director
CAR ‐ Director for Life
NAR ‐Golden R & President's Circle Member, Since 2008.
NAR ‐ RPAC Hall Of Fame Inductee 2015
NAR ‐ 2018, Chair of Conventional Finance & Policy Committee
CAR ‐ 2022 Federal Committee, Vice Chair
CAR ‐ Director & 2016 Region 23, 2016 Regional Chair
CAR ‐ 2016 ‐ 2017 & 2017 Vice‐Chair IMPAC Trustee(s)
CAR ‐ 2020 Transaction & Regulatory Committee ‐ Chair
CAR ‐ 2019 CAR/NAR Liaison to NAR Convention Finance & Policy Committee
Member; Southern California Association of Governments ‐
Global Land Use and Economic Counsel
Regional Chamber Government Affairs Member
Diamond Bar, Ca. General Plan Advisory Committee Member
Direct Line: 951‐312‐4609
Toll‐Free: Phone ‐ 888‐91‐4‐SALE, or E‐Fax: 866‐521‐4558
Notice: If you have received this e‐mail in error, please immediately notify the sender by e‐mail at the address shown. This e‐mail transmission may contain
confidential information. This information is intended only for the use of the individual(s) or entity to whom it is intended even if addressed incorrectly. Please delete it
from your files if you are not the intended recipient. "When you send e‐mails to the Larry Black, Heritage Realty, or Larry Black on behalf of his Affiliated Companies
you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e‐mail or by posting
3
notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing."
Good Evening, Ms. Mayor & Councilmembers –
Thank you for allowing this statement to be read on behalf of RE/MAX Universal Realty, one of the active real
estate brokerages in our esteemed city. It is my understanding that these thoughts are being shared with you by
someone with whom you are already familiar, Larry Black. So I would also like to thank him, but that may be a
little odd since he is reading it aloud. Regardless, thanks, Larry.
I would have liked to have been in attendance tonight to share these thoughts myself, but I had a family
scheduling conflict due to my eldest daughter’s water polo practice. This information may seem irrelevant to the
topic at hand, but please indulge me for a moment.
Much of what is often shared regarding Realtors® advertising in cities usually requires councilmembers to
deliberate between two paradigms: namely facilitating revenue growth in commerce versus keeping the city
looking good. I believe, however, that there is another perspective that should be considered, but that is often
overlooked. Please consider for a moment that the best real estate agents, some of whom are here tonight,
significantly help to foster the very community you are tasked with guiding and protecting.
In December of 2020 the National Association of REALTORS® published a report on the findings of REALTOR®
involvement in communities. Among many aspects of the survey, the study found that during COVID…
• 36% of REALTORS® had donated to local food banks. 11% had volunteered to serve at them.
• 16% of our members had donated meals for school children and 6% had helped pass them out.
• 76% of our membership volunteers in their community in some fashion. RE/MAX Universal’s very own
Cindy Ruiz serves on Walnut’s school board. That may not impress anyone here tonight, but we’re darn
proud of her.
• 85% of our membership donated money to non‐profits as part of their personal business plan.
The list goes on. But if by chance community involvement isn’t enough to persuade, then consider this. Another
study by N.A.R. indicates that for every two homes sold, a job is created. It makes sense when you think about it.
Not just due to the services required for the sale, either. Escrow officers, title reps, home inspectors, termite
companies, appraisers, and the agents employment are obvious, but the unseen job creation comes from things
like moving day and home improvement. Let’s be honest… moving day stinks. Nobody purchases a home simply
because they love to pack boxes and lift heavy furniture. How many times did you visit Ace Hardware or Target
after your last move just to buy items that you’d swear you already owned? Regardless of the emotional
reaction this realistic picture of what we REALTORS® do for a living may elicit within you, in terms of a
community, this equates to jobs and tax dollars for the city that you serve.
I could go on, but I think you get the point, so I’ll end with this. I can’t be here this evening because I’m not just a
Realtor®. I’m also a husband, father, volunteer, church deacon, and a decent neighbor (if you’re to believe the
folks that live in the houses around me). That’s really the essence of a REALTOR®… we help to create community
and jobs, then we keep giving back to make sure what we’ve done is worth sticking around to enjoy. In light of
all this, I encourage you to allow us a little space on some nicely renovated bus stops so that we can continue
advertising. I’m sure I speak for all of our REALTOR® members in attendance tonight when I say we promise to
help make the community better if you’ll assist us in doing so.
Respectfully,
Sean Buell – REALTOR®
Sales Manager, RE/MAX Universal Realty