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HomeMy WebLinkAbout08/21/1990Incorporated April 18, 1989 City of Diamond Bar, California CITY COUNCIL AGENDA REGULAR MEETING Mayor - Gary H. Werner Mayor Pro Tem - John Forbing Councilwoman - Phyllis Papen Councilman - Paul Horcher Councilman - Jay Kim City Council Chambers are located at: Walnut Valley Unified School District Board Room 880 South Lemon Avenue Please refrain from smoh-in& eating or drinking in the Council Chambers MEETING DATE: AUGUST 21, 1990 MEETING TIME: 6:00 P.M. Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney Lynda Burgess City Clerk :.n h ......:.....................................:.:.. t i enda :open of staf# reports or ether Written ctocumerrtat�art relating to each item af:kizisineS. s referre...o. Is ag a£:i?ilii i1 iidf#iGe 5fttitj Clerk Arida£vilak�l fot pbli� ithspectiollf you hvequstiC�ns regarclii�g any: agent ate V C00,taci the. (ty Clerk at Q. 850 2489 during business hours City of Diamond Bar uses RECYCLED paper and encourages you to do the sante. Next Resolution No. 71 Next Ordinance No. 10 CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: COUNCILMEN PAPEN, KIM, HORCHER, MAYOR PRO TEM FORBING, MAYOR WERNER COUNCIL COMMENTS: Items raised by individual Councilmembers are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five minute maximum time limit when addressing the City Council. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 1. SCHEDULE FUTURE MEETINGS - A. Area "D" Civil Defense - August 22, 1990 - 7:30 p.m. Walnut Sheriff's Station Assembly Room B. Traffic and Transportation Committee - August 23, 1990 - 6:00 p.m. W.V.U.S.D., Board Room - 880 S. Lemon Ave. C. Parks and Recreation Commission - August 23, 1990 - 6:30 p.m. Community Room - 1061 S. Grand Ave. D. Planning Commission - August 27, 1990 - 6:30 p.m. W.V.U.S.D. Board Room E. Congressman David Dreier Office Hours - September 12, 1990 - 9:00 a.m. to 12:00 p.m. - City Hall F. Los Angeles County Fair - Diamond Bar Day at the Races (4th Race) - September 17, 1990 - L.A. County Fair Grounds - Pomona G. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, tentative location: Ramada Inn, time to be announced H. Strategic Planning Workshop - Tentatively scheduled for September 27, 1990 - 3:00 p.m. - Ramada Inn 2. MINUTES - Approve Minutes of Regular Adjourned Meeting of July 31, 1990. 3. WARRANT REGISTER - Approve the Warrant Register dated August 21, 1990 in the amount of $202,568.22. CITY COUNCIL AGENDA PAGE 2 AUGUST 21, 1990 4. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUB -GRANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR ROBERTI Z'BERG URBAN OPEN SPACE AND RECREATION FUNDS RELATED TO STATE PROJECT NO. BB - 19-152 - Based on procedures by the State regarding the Roberti Z'Berg Grant, the County is prohibited from issuing any amendment or agreement after the issuance of the grant funds. Based on this, the County is unable to transfer the grant for Peterson Park to the City. In addition, a second Grant was issued by the 1986 State Conservation and Water Bond Act also for the construction of Peterson Park. The County transferred $25,000 to the City by mistake. The County has requested that the City return the money to the County. Recommended Action: Adopt Resolution NO. 90 - XX authorizing the subgrant agreement with the County of Los Angeles related to Peterson Park and return $25,000 erroneously transferred to the City. 5. RESOLUTION NO. 90 - XX ESTABLISHING SALARIES FOR POSITIONS OF PLANNING DIRECTOR AND ASSISTANT CITY MANAGER - Due to recent Council action authorizing new positions and amending existing positions, it is necessary to amend Resolution No 90 - 45 establishing or modifying salary schedules for full time and part time positions. The existing positions requiring modification are Director of Planning and Assistant City Manager. New positions needed to be established are Associate Planner, Planning Technician, Parks and Maintenance Worker II and Account Clerk I. Recommended Action: Adopt Resolution No. 90 - 45A amending Resolution No. 90 - 45, more specifically the Salary Schedule and Administrative/ Executive Position Designations. 6. RESOLUTION NO. 90 - XX ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE LOS ANGELES CONGESTION MANAGEMENT PROGRAM (CMP) AGENCY FOR LOS ANGELES COUNTY. Report by Belanger. Recommended Action: Adopt Resolution No. 90 - XX and direct staff as necessary. CITY COUNCIL AGENDA PAGE 3 AUGUST 21, 1990 7. BOND EXONERATION - Los Angeles County Department of Public Works has requested bond exonerations for the following: 1) Road Improvements for Tract No. 42586, vicinity of Armitos Place and Diamond Bar Blvd.; and, 2) Road Improvements for Tract 42587, vicinity of Armitos Place and Top Court. City Engineer has made a cursory review of the improvements and is in agreement. Recommended Action: Approve work completed, exonerate Bond No. ASI 100077 and Bond Number ASI 100081 and direct City Clerk to send Council action to principals involved. 8. DENIAL OF CLAIM - Claim for Damages filed by Nicky Li Chan. Recommended Action: Deny claim. 9. RESOLUTION NO. 90 - XX: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64. Recommended Action: Adopt Resolution No. 90 - XX granting consent and jurisdiction to the County of Los Angeles in the matter of County Lighting Maintenance District 10006 and County Lighting District LLA -1 City of Diamond Bar Zone Project 129-64. SPECIAL PRESENTATION: 10. CAL TRANS - Mr. Yamaguchi to speak regarding sound walls and landscaping on the 57 and 60 freeways. OLD BUSINESS: 11. RESOLUTION NO. 90 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMPENSATION FOR CITY COMMISSIONERS/COMMITTEE MEMBERS. Continued from August 7, 1990. Pursuant to Council request, Commission/ Committee members were polled regarding possible compensation for attending meetings. Recommended Action: Review poll taken of Commissioner/Committee members regarding possible compensation and make final determination. 12. GRAND AVENUE OPENING - Presentation by Sheriff's Department on traffic safety measures on Grand Ave. Recommended Action: Direct staff as necessary CITY COUNCIL AGENDA PAGE 4 AUGUST 21, 1990 NEW BUSINESS: 13A. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT FOR THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AGREEMENT. The East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement was created for the purpose of enabling cities to jointly characterize the solid waste generated within their jurisdictions and to develop reduction and recycling elements in compliance with the California Integrated Waste Management Act of 1989(AB939). B. APPROVE THE REQUEST FOR PROPOSAL FOR SOURCE REDUCTION AND RECYCLING ELEMENT PREPARATION AND IMPLEMENTATION CONSULTING SERVICES. The staff believes it is prudent to concurrently issue an RFP for a SRRE to provide for an alternative to assure the kind of work product needed to meet the requirements of AB 939. Recommended Action: 1) Adopt Resolution No. 90 - XX Approving the Agreement for the East San Gabriel Valley Integrated Waste Management Joint Powers Authority the Requestfor direct staff as necessary; 2) Approve Proposal for a Source Reduction and Recycling Element Preparation and Implementation Consulting Services. 14. ORDINANCE NO. XX - (1990) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 17.04.330 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE HOURS OF OPERATION OF CITY PARRS. The Parks and Recreation Commission has identified a need to establish a clear policy for the hours of operation for City Parks. Proposed hours are from dawn to dusk for parks without lighted athletic facilities; and from dawn to 10:00 p.m. for parks with lighted athletic facilities. Recommended Action: Approve for 1st reading by title only and set the matter for public hearing Ordinance No. XX - (1990) amending Section 17.04.330 of the Los Angeles County Code, as heretofore adopted, pertaining to the hours of operation of City parks. ANNOUNCEMENTS: This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting. CLOSED SESSION: Personnel - Government Code Section 54957.6 Litigation - Government Code Section 54956.9 ADJOURNMENT MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING JULY 31, 1990 CALL TO ORDER: M/Werner called the meeting to order at 6:00 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Councilman Horcher. ROLL CALL: Councilmembers Papen, Horcher, and Kim, Mayor Pro Tem Forbing and Mayor Werner. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen advised that the L.A. County Traffic Commission has reduced the priority level of the 57/60 freeway HOV lane in favor of extending the Long Beach (710) freeway. This will eliminate the $25 million previously set aside for this project. CM/Van Nort announced that the signal at Diamond Bar Blvd. and Kiowa Crest is currently out to bid by the County with a closing date of August 28, 1990. Bid award should take place during the September 18th Council meeting. CM/Van Nort further advised that the Diamond Bar Sales Tax report will be available at City Hall on August 1, 1990. He also distributed copies of LAFCO's report on the City's Sphere of Influence application. PUBLIC COMMENTS: Mr. Don Lemley, 1387 Rolling Knoll, requested that the matter of the closure of Rolling Knoll Rd. and Winterwood Dr. to prevent cut -through traffic be referred to the Planning Commission. Mr. Michael Lowe, 1124 D Cleghorn, stated that due to Council ineffectiveness and interference by various members of the community in taking up valuable staff time for minor issues, the commuter lane on the 60 freeway has been bypassed by LACTC. Mr. Frank Dursa, 2533 Harmony Hill Dr., stated that he resented Mr. Lowe's comments. Following discussion, Mr. Jack Istic, representing the City Engineer, advised that a report regarding traffic congestion in the areas in and around Quail Summit Dr. would be provided to the Council. Council directed him to send a copy of the report to Mr. Lemley. JULY 31, 1990 PAGE 2 Staff was directed to schedule a public hearing for residents of the areas affected. CONSENT CALENDAR: C/Kim moved, MPT/Forbing seconded to approve the Consent Calendar with removal of Items 1- H, 4, 5 and 6. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None Schedule Future A. Planning Commission Adjourned Regular Meetings Meeting - August 2, 1990 - 9:00 a.m., Days Hotel Conference Room B. Regular City Council Meeting - August 7, 1990 - 6:00 p.m., W.V.U.S.D. Board Room C. Parks and Recreation Commission Study Session - August 9, 1990 - 6:30 p.m., City Hall D. Planning Commission - August 13, 1990 - 7:00 p.m., W.V.U.S.D. Board Room E. General Planning Advisory Committee - August 16, 1990 - 7:00 p.m., Ramada Inn F. Traffic and Transportation Committee - August 23, 1990 - 6:30 p.m., Community Room, 1061 Grand Ave. G. Strategic Planning Workshop - Tenta- tively scheduled for September 27, 1990', location to be announced I. Joint General Planning Advisory Committee/All Committees and Commissions General Plan Meeting - September 22, 1990, tentative location: Ramada Inn - time to be announced Approval of Minutes Approved Minutes of Adjourned Regular Meeting Of July 10, 1990 and Regular Meeting of July 17, 1990. Resolution 90-68 Adopted Resolution No. 90-68 entitled: A Authorization to RESOLUTION OF THE CITY COUNCIL OF THE CITY Solicit Bids - OF DIAMOND BAR APPROVING PLANS AND Carlton J. Peterson SPECIFICATIONS FOR THE PURCHASE AND Park INSTALLATION OF PLAYGROUND EQUIPMENT FOR CARLTON PETERSON PARK IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Preliminary Received and filed preliminary vacant land Vacant Land Map map prepared by Interim Planning Director. JULY 31, 1990 PAGE 3 Resolution 90-69 Adopted Resolution No. 90-69 entitled: A Approving Plans RESOLUTION OF THE COUNCIL OF THE CITY OF & Specs. for DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS Traffic Signals - FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AT Grand Ave. at GRAND AVENUE AT MONTEFINO AVENUE IN SAID Montefino Ave. CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Agreement - Authorized City Manager to execute Letter Interim Planning of Agreement with Irwin M. Kaplan, Interim Director Planning Director. Acceptance of Approved four change orders, accepted Median Island work performed by Valley Crest Landscape, Landscape Inc., and directed City Clerk to file the Improvements/ proper Notice of Completion. Approval of Change Orders Commercial CM/Van Nort advised that he would speak with Vehicle Temporary with Mr. Red Calkins regarding the proposed Inspection Stn. Commercial Vehicle Temporary Inspection Station in the City. Mountains, C/Kim expressed concern regarding the recommend - Recreation & ation by the Parks and Recreation Commission Conservation not to support this Initiative. He further stated Authority that he would like to see Diamond Bar Parks as Initiative well as the "Nature Trail" from Summit Ridge Park to Peterson Park included in the bond issue. In addition, the Council should take a broader look at the initiative, and therefore, take no position one way or the other. MPT/Forbing requested that the Council oppose the Initiative. He stated that although the City would receive per capita funds of approximately $800,000 to $1.2 million, the City's share of the debt service would be $5.4 million. This would result in a net cost to the City of $4.25 million which would then be added to the tax bills of each resident for repayment. Following discussion, M/Werner moved, C/Horcher seconded to table the item indefinitely. With a 4 to 1 vote, (MPT/Forbing voting no) the motion carried. Computer Bids Asst. CM/Belanger advised that staff had met with computer experts in the community; however, the last expert was not able to meet until last Friday morning. He recommended that the matter be con- tinued for two weeks to allow staff to re -draft the proposal based on a smaller scale network JULY 31, 1990 PAGE 4 environment than originally envisioned. This will allow staff an opportunity to evaluate the system before proposing a network for all computers. Street Sweeping On the advice of the City Attorney, C/Horcher Services excused himself from participation in the following discussion due to a conflict of interest. Asst. CM/Belanger recommended that the con- tract be awarded to Community Disposal for street sweeping services in the amount of $70,000 for bi-weekly service or $140,000 for weekly service. He further reported on two different types of sweeping systems: The Mobil system and the air -vac (Tymco) system and recommended that an integrated system be used. C/Papen requested that a stipulation added to the contract requiring that a "Recording Hour" meter be used so that the City can monitor the service. She also requested that a monthly list of complaints be given in order to monitor the contract. Mr. Frank Dursa, 2533 Harmony Hill, stated that the current contractor, California Street Sweeping uses approximately 3,000 gallons of water each week. He suggested that since California Street Sweeping has been servicing the City for the past 8 years, Council should continue to contract with them. Mr. Jerry Costello, representing California Street Sweeping, spoke regarding his firm and the proposal. Dennis Chiapetta, Community Disposal, also spoke regarding his firm's proposal and qualifications. Mr. Mike Lowe, 1124 "D" Cleghorn, Diamond Bar spoke in favor of retaining California Street Sweeping. Mr. Ara Arakelian, Community Disposal, advised that whatever type of sweeper the City wants, his company will provide it. JULY 31, 1990 PRESENTATIONS: PAGE 5 C/Papen moved, C/Kim seconded to direct staff to negotiate a contract with Community Disposal for weekly street sweeping services. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN — Papen, Kim, MPT/Forbing and Mayor Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - Horcher Traffic & Dr. Alba Moesser was sworn in as a member of the Transportation Traffic and Transportation Committee by C/Horcher. Committee Member Ranch Festival CM/Van Nort reported on the request by the Ranch Festival Assn. for funds not to exceed $15,000.00 for rental of a stage and sound system for this year's festivities. He recommended that Council consider this a fundraising activity by a non- profit organization for the City and community groups. In addition, Council could direct staff to meet with the Committee to authorize "seed" money for the festivities but that the money would be predicated on the distribution returned to the City with the understanding that it would go to the Parks and Recreation Commission to benefit City programs. Mr. Steven Webb, President of the Ranch Festival Assn., discussed the reasoning behind the request. C/Papen asked why the request did not go to the Parks and Recreation Commission for their review and recommendation. She recommended referring the request back to staff to assist in securing the items required at a lesser cost. Following discussion, Council directed staff to assist in securing the necessary equipment from another city at a lesser cost and to report back to Council on August 21st regarding their progress. RECESS: M/Werner recessed the meeting at 7:45 p.m RECONVENE: M/Werner reconvened the meeting at 7:58 p.m. City Truck Mr. Charles Janiel, Parks and Maintenance Bid Award Director, advised that the Council directed that staff re -bid for the two trucks and that the City again received only one bid --from Enterprise Chevrolet in the amount of $25,172.40. JULY 31, 1990 PAGE 6 Following discussion, MPT/Forbing moved, C/Kim seconded to award the bid to Enterprise Chevrolet for the purchase of two (2) trucks in the amount of $25,172.40. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Ordinance No. 8 CA/Arczynski presented Ordinance No. 8 (1990) (1990) for second reading and adoption by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 26 (BUILDING CODE), TITLE 28 (PLUMBING CODE) AND TITLE 29 (MECHANICAL CODE) OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE ADOPTION BY REFERENCE OF THE "UNIFORM BUILDING CODE", 1988 EDITION," THE "UNIFORM PLUMBING CODE, 1988 EDITION" AND THE "UNIFORM MECHANICAL CODE, 1988 EDITION" INCLUDING ALL APPENDICES THERETO, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS, INCLUDING FEES AND PENALTIES. C/Kim moved, C/Papen seconded to adopt Ordinance No. 8 (1990). With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - NOES: COUNCILMEN - ABSENT: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner None None CLOSED SESSION: M/Werner recessed the meeting to closed session at 8:02 p.m. RECONVENE: M/Werner reconvened the meeting at 8:40 p.m. All Councilmembers were present. Planning Services Asst. CM/Belanger advised that since the Planning Services contract with Pacesetter will expire on July 31, 1990, staff had requested proposals from other firms. After thoroughly analyzing the proposals received, it was staff's recommendation that a job classification and staffing chart for the retention of an Associate Planner, a Planning Technician and a Planning Consultant be prepared for Council's review and approval at a future meeting. JULY 31, 1990 PAGE 7 Following discussion, MPT/Forbing moved, C/Papen seconded to approve the positions of Associate Planner, Planning Technician and Planning Consultant for the Fiscal Year 1990-91 Budget effective August 1, 1990. With the following Roll Call vote, the motion carried: AYES: COUNCILMEN - Papen, Kim, Horcher, MPT/Forbing and M/Werner NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None Solid Waste M/Werner announced that both C/Horcher and Franchise MPT/Forbing were excused from participation on this issue due to conflicts of interest. M/Werner advised that staff had been directed to prepare a supplemental analysis to allow Council the opportunity to compare the various proposals received. Mr. Michael Silva, with CR&R and Duran & Sons, complained about the manner in which the City is comparing the proposals. Mr. Red Calkins, 240 Eagle Nest Dr., stated that he would like the freedom of choice to decide which trash hauler he uses. Mr. Frank Dursa, 2533 Harmony Hill Dr., reminded Council that Mr. Al Rumpilla had presented a petition at the July 17, 1990 meeting with 360 signatures and requested that the Council take that into consideration. M/Werner moved that the City approve a "non- exclusive" franchise that would meet all obligations under AB 939 for a period of three (3) years. Motion died for lack of second. C/Kim moved, M/Werner seconded to table the matter indefinitely and to set a public hearing to receive public input. Following discussion, by a vote of 2 to 1 (C/Papen voting no), motion carried. Mr. Al Rumpilla, 23958 Golden Springs , stated that -the petition indicates the people in the community do not want an exclusive franchise. Mr. Dave Cope, spoke in opposition to a franchise. JULY 31, 1990 PAGE 8 Mr. Ara Arakalian, 1636 Derringer, stated that Community Disposal would be willing to send out a questionnaire to the community asking for their input. Mr. Bill George, 378 N. Prospectors, spoke in favor of a franchise. Dr. Dan Buffington, 2605 Indian Creek, asked why another public hearing is needed to determine a franchise. Mr. Michael Lowe, 2215 An Arbor, also spoke in opposition. Staff was directed to set a hearing for August 14, 1990. ANNOUNCEMENTS: C/Papen requested that staff schedule a discussion regarding Site "D" at the next meeting to determine policy direction on how the Recreation Subcommittee should proceed with the W.V.U.S.D. C/Kim stated that he had received information from the California Department of Justice, Bureau of Criminal Statistics indicating that a survey of 158 cities had been taken regarding crime rates per population and that the City of Diamond Bar was ranked as the 2nd "safest city". C/ Kim further stated his disappointment in the HOV lane loss and asked the City Manager to update the Council at the next meeting on this matter. M/Werne'r also spoke on his disappointment regarding the HOV lane. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting at 9:55 p.m. ATTEST: Mayor Lynda Burgess, City Clerk I N T E R O F F I C E M E M O R A N D U M TO: Councilmembers Pap nand Horcher fN FROM: M Linda G. agnuson SeniAccountant or SUBJECT: Voucher Register, August 21, 1990 DATE: August 16, 3.990 August 21, 1990. As Register dated Aug the voucher Attached is the Voucher artment is submitting oval prior to requested, the Finance Dep register for theFinance Committee'sr. review and app it's entry on the The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated August 21, 1990 have been audited, approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 225 Grand Av. Const Fd 226 Chino Hills Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Mag uson Senior Accountant AMOUNT 108,517.38 66,948.64 8,416.17 4,721.47 13,057.06 907.50 $202,568.22 Phyl is E. Papen Councilmember �- /( t-� j�v I L Nil ct Robert L. Van Nort Paul mk/ Horcher City Manager i Councilmember AGENDA NO. ------------------------- CITY OF DIAMOND BAR AGENDA REPORT ----------------------- ----------------------------------------------------------------- DATE: August 15, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: Charles Janiel, Director of Parks and Maintenance SUBJECT: Sub -Grant Agreement for Roberti-Z'Berg Park Grant Funds and State Con- servation and Water Bond Act BACKGROUND: ROBERTI-ZIBERG FUNDS (PETERSON PARK): Los Angeles County applied for and was approved for (May 22, 1986) funding, through the Roberti-Z'berg Urban Open Space and Recreation Program of 1985, in the amount of $215,000 for Sylvan Glen Park improvements (Carlton J. Peterson Park). Los Angeles County received $21,500, a ten percent (10%) advance on said Grant on June 23, 1987. Additionally, the County drew down $55,955 for costs related to the development of plans and specifications for said project, leaving a bal- ance of $159,045. The City of Diamond Bar incorporated on April 18, 1989. Subsequent to incorpo- ration, Los Angeles County approved the conveyance of Peterson Park to the City (May 16, 1989); and, agreed to transfer the Roberti-Z'berg Grant fund balance of $137,545 to the City for use at Peterson Park. Also, Los Angeles County ap- proved the transfer of the $21,500 Roberti-Z'berg advance to the City. This was accomplished by special warrant #7603782. This warrant totalled $46,500. Narrative continued on next page. FISCAL IMPACT: $25,000 erroneously transferred to the City by Los Angeles Coun- ty. Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: Robert L. Van Nort` V City Manager Andrew V. Arczynski City Attorney 1 Terrence L. Belang Assistant City Man ger Agenda Item August 21, 1990 Meeting Page Two Los Angeles County attempted to amend the Roberti-Z'berg Grant with the State to accomplish the transfer of the $137,545 balance to the City. However, the County was informed that State procedures prohibited the issuance of any amendment or agreement after the issuance of any grant funds. Consequently, the City was asked to enter into a subgrant agreement with the County of Los Angeles. This subgrant agreement will authorize the County to administer said Grant, with documentation provided by the City, and upon receipt of said Grant Funds by Los Angeles County, those funds ($137,545) will be trans- ferred to the City. The total amount that will be received is $159,045. Conservation and Water Bond Funds (Peterson Park): A 1986 State Conservation and Water Bond Act Grant, in the amount of $250,000 was awarded to Los Angeles County for the construction of Carlton J. Peterson Park, Upon incorporation, the County conveyed Peterson Park to the City. The County agreed to transfer the Peterson Park Grant fund balance of $225,000 to the City. Los Angeles County had received $25,000, a ten percent (10%) advance on said Grant. The County transferred the advance amount to the City on June 26, 1989, as part of special warrant $#7603782, totaling $46,500 ($25,000 for advance on 1986 State Water and Conservation Bond Act, and $21,500 advance for 1985 Roberti-Z'berg). At the time of this $25,000 transfer, the County assumed that the State of Cali- fornia Department of Parks and Recreation, administrator of the Conservation and Water Act funds, would allow an assignment of said Grant, to the City of Diamond Bar. The State determined that an assignment was inappropriate. Instead, the State rescinded the grant with the County; and then, issued a new grant to the City, in the amount of $250,000. As a result of the rescission, the county of Los Angeles is requesting the return of the $25,000 transferred to the City. RECOMMENDATION• It is recommended that the City Council: 1. Enter into the subgrant agreement with the County of Los Angeles; re- lated to Carlton J. Peterson Park. 2. Authorize staff to return $25,000 erroneously transferred to the City by the County of Los Angeles. 2 RESOLUTION NO. 90 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE SUB -GRANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION FUNDS RELATED TO STATE PROJECT NO. BB -19-152 WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'Berg Urban Open Space and Recreation Program of 1985, which provides funds to certain political subdivisions of the State of California for acquiring lands and developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the County of Los Angeles applied for and received Roberti-Z'Berg monies, ( State Project No. BB -19-152) in the amount of $215,000 for the construction and improvements at Sylvan Glen Park (Carlton J. Peterson Park); and WHEREAS, the County of Los Angeles desires to transfer the balance of monies, in Project No. BB -19-152, in the amount of $159,045; and WHEREAS, the State of California has declined to allow an assignment of the Roberti-Z'Berg Grant, by the County of Los Angeles, to the City of Diamond Bar; and WHEREAS, the County of Los Angeles and the City of Diamond Bar have determined that a sub -grant agreement is the appropriate manner in which to transfer the balance of funds related to the Roberti-Z'Berg Grant for Sylvan Glen Park (Carlton J. Peterson Park) (Project No. BB -19-152). NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby approve the sub -grant agreement between the County of Los Angeles and the City of Diamond Bar, for the transfer of Roberti-Z'Berg Grant Funds related to State Project No. BB -19-152. PASSED, APPROVED AND ADOPTED this day of 1990. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1990, by the City Clerk of the City of Diamond Bar SUBGRANT AGREEMENT ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM OF 1985 SENATE BILL 174 STATE PROJECT #BB -19-152 THIS AGREEMENT, made and entered into on this ------ day of ----------------- , 1990, by and between Los Angeles County (hereinafter referred to as GRANTEE) and the City of Diamond Bar (hereinafter referred to as SUB -GRANTEE), shall serve as the Subgrant Agreement concerning Sylvan Glen Park, State Project #BB -19-152 (hereinafter referred to as GRANT). W I T N E S S E T H WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'berg Urban Open Space and Recreation Program of 1985, which provides funds to certain political subdivisions of the State of California for acquiring lands and developing facilities within urban areas to meet urban recreation needs; and WHEREAS, the State Department of Parks and Recreation (hereinafter referred to as GRANTOR) has been delegated the i responsibility for the administration of the program within the State; and WHEREAS, the GRANTEE applied for funding according to the guidelines of the aforementioned grant program; and WHEREAS, the GRANTOR approved $215,000 in funding for Sylvan Glen Park on May 22, 1986 and assigned it Project #BB -19-152; and - 1 - WHEREAS, Sylvan Glen Park, also known as Carlton J. Peterson Park (according to the SUB -GRANTEE), shall be termed the subject property; and WHEREAS, the GRANTEE, received $21,500, a ten percent (10%) advance for the GRANT on June 23, 1987 and deposited this amount to Los Angeles County Trust Fund 08402; and WHEREAS, prior to the transfer of the real proeprty, costs of $55,955 were incurred by the GRANTEE for the development of plans and specifications for the subject property, leaving a grant balance of $159,045; and WHEREAS, the SUB -GRANTEE incorporated approximately two (2) years later, on April 18, 1989; and WHEREAS, the GRANTEE approved the conveyance of the real property, as well as personal property and fixed assets as identified by the GRANTEE's Director of Parks and Recreation, to the SUB -GRANTEE on May 16, 1989; and WHEREAS, the GRANTEE agreed to transfer $159,045, the balance of the GRANT to the SUB -GRANTEE, for use at the subject property; and WHEREAS, in pursuit of this GRANT transfer, the GRANTEE approved the transfer of $21,500 to the SUB -GRANTEE; this was accomplished by Special Warrant #7603782, (this warrant totalled $46,500 of which the ten percent (10%) advance equalling $21,500 for the GRANT was transferred); and WHEREAS, the SUB -GRANTEE was required by GRANT guidelines to deposit this money in an interest bearing account; and - 2 - WHEREAS, the GRANTEE attempted to amend the GRANT with the GRANTOR to accommodate the transfer of $159,045 balance of the GRANT to the SUB -GRANTEE; and WHEREAS, the GRANTOR would not execute this amendment due to the previous disbursement of funds to the GRANTEE on June 23, 1987; and WHEREAS, the GRANTOR prohibits the issuance of any subsequent grant agreement after the issuance of any grant funds. THEREFORE, the GRANTOR and the SUBGRANTEE mutually agree as follows: 1. Nothing in this Agreement between the GRANTEE and the SUB -GRANTEE, relieves SUB -GRANTEE of it's obligation to assume all claims, liabilities, and obligations, including operation and maintenance of the subject property. SUB -GRANTEE agrees to indemnify, defend, and save harmless the GRANTEE, it's agents, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to bodily injury, death, personal I injury, or property damage arising from or connected with SUB-GRANTEE's operations or it's services hereunder, including any workers' compensation suits, liability or expense, arising from or connected with services performed on behalf of SUB -GRANTEE by any person pursuant to this Agreement. SUB -GRANTEE 's duty to indemnify GRANTEE shall survive the expiration or other termination of this Agreement. - 3 - GRANTEE is relieved of responsibility for compliance requirements as designated by the GRANTOR in the Grant Agreement. 2. The SUB -GRANTEE will certify the amount of interest earned on the $21,500, ten percent (10%) advance of the grant. 3. The SUB -GRANTEE shall issue receipts of expenditure of grant funds at the subject property and accompanying documentation to the GRANTEE, by September 15, 1990 to comply with the requirements of the GRANTOR. These receipts of expenditure may total but not exceed $159,045 plus the amount of interest earned on the advance of $21,500. The GRANTEE, upon receipt of this documentation from the SUB -GRANTEE, shall submit it to the GRANTOR for reimbursement by September 30, 1990. Provided this documentation is approved by the GRANTOR, the final balance of $137,545 shall be transferred from the GRANTEE to the SUB -GRANTEE after receipt from the GRANTOR. - 4 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By ------------------------------- Deputy Agency: COUNTY OF LOS ANGELES By: Title: Director of Parks and Recreation Date: Agency: CITY OF DIAMOND BAR By: --------- Title: Date: D01:css4/Fxx90:AGRMTS - 5 - AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 17, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager SUBJECT: Amendment to Personnel Rules and Regulations Resolution No. 90 - 45): Salary Schedule and Administrative/ Executive Position Designations. BACKGROUND: The City Council adopted Personnel Rules and Regulations, (Resolution No. 90-45) which in part established policies regarding salary schedules and administrative leave. Recently, the Council has taken several actions, to authorize new positions and to amend existing positions. These changes require the establishment or modification of salary schedules for full time and part time positions. The existing positions that are being modified are the Director of Planning, and the Assistant City Manager. The new positions for which salaries are being established are Associate Planner, Planning Technician, Parks and Maintenance Worker.II and Account Clerk I. Section 31 entitled Administrative Leave, in sub -section (B) sets forth these positions that are designated as Administrative/Executive. Three positions are being added to the list of Administrative/Executive positions. They are the Assistant City Manager, Administrative Analyst and Associate Planner positions. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 90-45A, which amends Resolution No. 90-45,1specifically the salary Schedule and Administrative/Executive Position Designations. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REVkEWED BY; L_/=�4%r. 112-4x' / -- -------------- Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney f- corr Terrence L. Belan Assistant City Manager RESOLUTION NO. 90 - 45A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 90 - 45 ESTABLISHING AND/OR MODIFYING SALARY SCHEDULES AND ADMINISTRATIVE/EXECUTIVE POSITION DESIGNATIONS WHEREAS, the City Council approved Resolution No. 90-45, that set forth Personnel Rules and Regulations, which include Salary Schedules and Administrative/Executive position designations; and WHEREAS, as a result of recent City Council actions, it is necessary to establish and/or modify salary and compensation schedules paid to officers and employees of the City, specifically the Assistant City Manager, Director of Planning, Associate Planner, Planning Technician, Account Clerk I and Parks/Maintenance Worker II; and WHEREAS, it is necessary to the efficient operation and management of the City that the regulations pertaining to the designations of Administrative/Executive positions be amended to include the positions of the Assistant City Manager, Administrative Analyst and Associate Planner. 1 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby amend Resolution No. 90-45, by establishing and/or modifying Salary Schedules A and B, which are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council of the City of Diamond Bar does hereby amend Section 31(B) of Resolution No. 90 - 45 as follows: SECTION 31. ADMINISTRATIVE LEAVE B. Following is a list of Administrative/Executive positions: Assistant City Manager Director of Planning City Clerk Director of Parks/Maintenance Superintendent of Parks/Maintenance Senior Accountant/Assistant Finance Director Associate Planner Administrative Analyst Secretary to City Manager PASSED, APPROVED AND ADOPTED this day of 1990. MAYO I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1990, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR SALARY RANGES BY POSITION 1990-91 JOB TITLE A B C D E Jr. Clerk Typist 8.81 9.25 9.71 10.20 10.71 1527.07 1603.42 1683.59 1767.78 1856.16 18324.80 19241.04 21203.08 21213.36 22273.92 Clerk Typist 9.47 9.94 10.44 10.96 11.51 1641.60 1723.68 1809.86 1900.36 1995.38 19699.20 20684.16 21718.32 22804.32 23944.56 Account Clerk I 9.47 9.94 10.44 10.96 11.51 1641.60 1723.68 1809.86 1900.36 1995.38 19699.20 20684.16 21718.32 22804.32 23944.56 Administrative 10.25 10.76 11.30 11.86 12.45 Analyst 1775.90 1864.70 1957.93 2055.83 2158.62 21310.80 22376.40 23495.16 24669.96 25903.44 Planning 10.25 10.76 11.30 11.86 12.45 Technician 1775.90 1864.70 • 1957.93 2055.83 2158.62 21310.80 22376.40 23495.16 24669.96 25903.44 Secretary 10.41 10.93 11.48 12.05 12.66 1805.00 1895.25 1990.01 2089.51 2193.99 21660.00 22743.00 23880.12 25074.12 26327.88 Code Enforcement 10.89 11.44 12.01 12.61 13.24 Officer 1888.00 1982.40 2081.52 2185.60 2294.88 22656.00 23788.80 24978.24 26227.20 27538.56 Parks Maintenance 10.97 11.52 12.10 12.71 13.35 Worker II 1900.00 1996.80 2097.34 2203.07 2314.00 22817.60 23961.60 25168.00 26436.80 27768.00 Deputy City Clerk 11.16 11.72 12.31 12.92 13.57 1935.00 2031.75 2133.34 2240.00 2352.00 23220.00 24381.00 25600.08 26880.00 28224.00 Secretary to City 14.92 15.67 16.45 17.27 18.14 Manager 2586.60 2715.93 2851.73 2994.31 3144.03 31039.20 32591.16 34220.76 35931.72 37728.36 Superintendent of 15.73 16.51 17.34 18.21 19.12 Parks/Maintenance 2726.06 2862.36 3005.48 3155.76 3313.54 32712.72 34348.32 36065.76 37869.12 39762.48 Senior Accountant 17.32 18.19 19.09 20.05 21.05 3002.00 3152.10 3309.71 3475.19 3648.95 36024.00 37825.20 39716.52 41702.28 43787.40 c:\wp51\files\90-91sa1_cht SALARY RANGES BY POSITION PAGE TWO JOB TITLE A B C D E Associate 18.14 19.05 20.00 20.99 22.05 Planner 3144.36 3301.58 3466.67 3639.99 3821.99 37732.32 39618.96 41600.00 43679.88 45863.88 City Clerk 18.20 19.11 20.07 21.07 22.12 3155.00 3312.75 3478.39 3652.31 3834.92 37860.00 39753.00 41740.68 43827.72 46019.04 Director of Parks 19.75 20.74 21.77 22.86 24.00 Maintenance 3423.00 3594.15 3773.86 3962.55 4160.68 41076.00 43129.80 45286.32 47550.60 49928.16 Director of 23.73 24.92 26.17 27.47 28.85 Planning 4114.06 4319.76 4535.75 4762.54 5000.66 49368.73 51837.17 54429.03 57150.48 60008.00 Assistant City 25.16 26.42 27.74 29.12 30.58 Manager 4360.76 4578.80 4807.74 5049.13 5300.53 52329.14 54945.60 57692.88 60577.52 63606.40 c:\wp51\files\90-91sa1.cht JOB TITLE Intern/Fart-Time c:\wp51\files\90-91sal.cht CITY OF DIAMOND BAR SALARY RANGES BY POSITION 1990-91 A B C D E 5.00 5.50 6.00 6.50 7.00 F G H I J 7.50 8.00 13.00 16.00 18.00 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 17 1990 MEETING DATE: August 21 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Assistant City Manager SUBJECT: Designation of Los Angeles Transportation Commission as the Congestion Management Program (CMP) Agency for Los Angeles County BACKGROUND• In June, 1990, the voters of California passed Proposition 111 providing for an increase in the gas tax, which is intended to fund programs that are to address existing and future congestion in the State, through the end of the century. The passage of Proposition 111 was followed by the adoption of Assembly Bill No. 1791, which mandates the development and implementation of a Congestion Manage- ment Program (CMP), in all the State's urbanized counties. The legislation mandates that local agencies work through a county -wide Conges- tion Management Agency (CMA) and develop a program to prevent new congestion while fighting existing congestion. The CMA is required to adopt and annually update a Congestion Management Program, which will guide the funding of trans- portation projects, in the County of Los Angeles, and ensure that traffic levels of service meet established standards. Narrative continued on next page. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: R6bert L. Van Nort Andrew V. Arczynski City Manager City Attorney AR300.FRM 3/90 1 t1P 6 , . 0 Z Terrence L. Belang Assistant City Manager Agenda Item August 21, 1990 Page Two The legislation mandates that the CMP be developed; in consultation with the regional transportation providers, local governments, Cal Trans and the SCAQMD; either, by the Los Angeles County Transportation Commission (LACTC) or another public agency. The CMA is to be designated by resolutions adopted by the County Board of Supervisors and the City Councils of a majority of the cities repre- senting a majority of the population, in the incorporated portion of Los Angeles County. RECOMMENDATION• It is recommended that the City Council support the designation of the Los An- geles County Transportation Commission (LACTC) as the Los Angeles County Conges- tion Management Program (CMP) Agency for the County of Los Angeles. RESOLUTION NO. 90 - XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACKNOWLEDGING THE DESIGNATION OF THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION AS THE LOS ANGELES CONGESTION MANAGEMENT PROGRAM (CMP) AGENCY FOR LOS ANGELES COUNTY WHEREAS, Government Code Section 56089 requires the development of a Congestion Management Program for Los Angeles County which includes the County and every city in the County; and WHEREAS, Government Code Section 65089 provides that the Congestion Management Plan shall be developed either by the County Transportation Commission, or by another public agency, as designated by the County Board of Supervisors and the City Councils of a majority of the cities representing a majority of the population in the unincorporated area of the County; and WHEREAS, the Los Angeles County Transportation Commission is the appropriate public agency in the County of Los Angeles to be designated under the provisions of Government Code Section 65089; and WHEREAS, the Los Angeles County Transportation by action taken on July 25, 1990 has supported its designation as the Congestion Management Agency, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby acknowledge the designation of the Los Angeles County Transportation Commission as the Congestion Management Program (CMP) Agency for Los Angeles County. PASSED, APPROVED AND ADOPTED this day of 1990. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the date of the following vote: 00 121 133' ZRF NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: , 1990, by ATTEST: City Clerk of the City of Diamond Bar AGENDA NO. -1 ------------------------------------------------------ CITY OF DIAMOND BAR AGENDA REPORT DATE: August 9, 1990 AGENDA DATE: August 21, 1990: TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINES f SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42586 The. Los Angeles County department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Amount: Surety: Principal: AS1 100077 $53,600.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 The Anden Group 1074 Parkview Drive, Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the L.A. Director of Public Works. RLK: WFL: n b:2434: cc-db2: bondreNir42586 (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: -----------------01V--------------------------------------____ Robert L. Van Nort Andrew V. Arczynski Terrence L. Belanger City Manager City Attorney Assistant City Manager 7/24/90 OF LAS 1 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Y / r C'4UFORM�p y 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDEMANSON. Director Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 July 20, 1990 IN REPLY PLEASE 11-5 REFER TO FILE: The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42586 VICINITY OF ARMITOS PLACE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECCnvE DED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100077 Remaining Amount - $53,600 Surety - Integrity Insurance Company Principal - The Anden Group 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and this office. Very truly yours, T. A. TIDEMANSON rJ Superintendent of Streets/ City Engineer LG:sg/42586 cc: City Clerk TO: FROM: SUBJECT: DATE: INTEROFFICE MEMORANDUM Ron Kranzer, City Engineer ACTION DUE: ASST NED T0: Robert L. Van Nort, City Manager Road Improvements (Tract 42586) July 31, 1990 It is requested that you review the enclosed communication in ref- erence to road improvements for Tract No. 42586, and prepare a recommendation for City Council action at the August 21 meeting. Robert L. Van Nort City Manager RLVN:pjs Enclosure cc: suspense - August 6, 1990 RECEIVED A b u 0 3 1990 AGENDA NO. ------------------ CITY OF DIAMOND BAR AGENDA REPORT DATE: August 7, 1990 COUNCIL DATE:. 8/21/90 TO: CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42587 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond; Bond Number: Remaining Road Amount: Surety: Principal: ASI 100081 $53,000.00 Integrity Insurance Co. P.O. Box 7714 Burbank, Ca 91510 The Anden Group 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the L.A. Director of Public Works. (Narrative continued on next page if necessary) RLK:W EL:nb:2425:cc-db2:bondrel\tr42587 FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: V lit V" tX Robert L. Van Nort Andrew V. Arczynski Terrence L. Belay City Manager City Attorney Assistant City Man 7/24/90 r THOMAS A. TIDEMANSON, Director July 13, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRAGI NO. 42587 VICINITY OF ARMITOS PLACE AND TOP COURT ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECCMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100081 Remaining Road Amount - $53,000 Surety - Integrity Insurance Company Principal - The Anden Group 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON Director of Public Works ,PJZU4i VO"N. C. D2ER. Assistant Deputy Director Land Development Division LG:sg/42587 cc: City Clerk OF LOS + 41, C411FORM�P THOMAS A. TIDEMANSON, Director July 13, 1990 Chs- NTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (8 18) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42587 VICINITY OF ARMITOS PLACE AND TOP COURT RECEIVED DIAMOND BAR CITY CLERK p1f„ 13 11, jj�� nn ADDRESS ALL CORR['S�JN9D: A E TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE. L'-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECCMMINDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100081 Remaining Road Amount - $53,000 Surety - Integrity Insurance Company Principal - The Anden Group 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON Director of Public Works VOf'Ps'a" �WA� N. C. D Assistant Deputy Director Land Development Division LG:sg/42587 cc: City Clerk Lr. .10i1_nc T r N" 3I-)�ii� A.5y M,4P I/o Jf le R5-CEIVED AUG 0 $ 1990 133 �rn • �� CLAIM FOR DAMAGES RESERVED FOR FILING STAMP Claims for death or for injury to person or personal property or growing crops must be filed within 6 monthsof the occurrence which caused the injury. All other claims must be filed within one year. See Government Code 911.2. Read the entire claim before filing. Attach copies of estimates, bills, re- ceipts, and all other documents in support of the claim. Attach separate sheets for diagrams and additional information, if needed. SIGN EACH SHEET. TO CITY OF DIAMOND BAR, CALIFORNIA ' NAME OF CLAIMANT DATE OF BIRTH OCCUPATION Nick Li Chan 11-12-1970 Student ADDRESS OF CLAIMANT HOME PHONE WORK PHONE 967 Silvertip Dr Diamond Bar, CA 91765714/861-9666 N/A MAILING ADDRESS TO WHICH NOTICES ARE TO BE SENT NAME OF CONTACT CONTACT PHONE 711 W. Valley B1, #300 Alhambra, CA 91803 Atty Michael Lo 818/289-8837 DATE, TIME & PLACE OF OCCURRENCE 4-3-90 10:45A.M. Diamond Bar B1 intersects Grand Avenue DESCRIPTION OF OCCURRENCE Claimant was westbound on Grand crossing Diamond Bar Blvd intersection, another car was eastbound on Grand making a left turn onto Diamond Bar Blvd and struck claimant. NAMES OF PUBLIC EMPLOYEES WHO CAUSED INJURY, DAMAGE OR LOSS City of Diamond Bar EXPLANATION OF WHY PUBLIC ENTITY IS RESPONSIBLE FOR INJURY, DAMAGE OR LGSS The signal light design was defective in that due to the volume of traffic and the slope on Grand, a left turn arrow signal light should be installed from Grand to Diamond Bar North, NAMES, ADDRESSES & PHONE NUMBERS OF WITNESSES & DOCTORS 918 Witness: Kienvenido Fermin Pomuceno 21566 Running Branch Diamond8Bar8917765 Doctors: Dr. Tony Lam 2440 S. Hacienda B1, #105 Hacienda ts CA 91745 H Willow Pomona. Medical Group 189 W. Willow St, #A Pomona, CAH 818/9617306' DESCRIPTION OF INJURY, DAMAGE OR LOSS Tel:_ e1• 714/629-3930 Client suffered Hangman's Fracture, Cervical 2 -Fracture, left leg & back ITEMIZED AMOUNT OF CLAIM (ESTIMATED IF UNKNOWN) over $200,000.00 �L•-`- --- ____----- August 6, 190 Nicky Li Chan SIGNATURE OF CLAIMANT OR REPRESENTATIVE DATE TYPED OR PRINTED NAME CLAIM MUST BE SIGNED WARNING: Presentation of a false claim is a criminal offense, and filed with the Clerk of the Public Entity. punishable by fine and imprisonment. See Penal Code 72. AGENDA NO. ---------------------------- CITY OF DIAMOND BAR AGENDA REPORT August 14, 1990 AGENDA DATE: August 21, 1990 TO: THE HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER` ,�!,�/ SUBJECT: ANNEXATION TO COUNTY LIGHTING DISTRICTS - PROJECT 129-69, TRACT 31941 The proposed subject annexation is a condition of the approved tentative tract and will be the culmination of the efforts by all concerned in providing continued maintenance of the street lights that have been installed as a condition for said tract. At the present time the County of Los Angeles is administering all street lighting districts within Diamond Bar but by virtue of incorporation, the City of Diamond Bar must consent and grant jurisdiction to the County for this matter to continue on the course set by previous actions and approvals. The monetary consideration to the City of Diamond Bar in having this area annexed to the County Districts is zero. This annexation will have no effect on the present evaluation of the City's street lighting program. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, as prepared by Los Angeles County, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64. RLK:nb:2444:db-cc2:tr31941. fit (Narrative continued on next page if necessary) FISCAL IMPACT: None Amount Requested $ Budgeted Amount $ In Account Number: .Deficit: $ Revenue Source: REVIEWED -------------------- Robert L. Van Nort Andrew V. Arczynski Terrence Belanger City Manager City Attorney Assistant City Manager THOMAS A. TIDEMANSON, Director July 18, 1990 COUNTY OF LOS ��tqELES IV DEPARTMENT OF PUBLIQ;WQ9;11P 900 SOUTH FREMONT ANEWU$' C EI 1 ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818):458-5 100 ,1 n ,� .._ c7 Fig l%� 21 Mr. Robert L. Van Nort City Manager City of Diamond Bar 21660 Copley Drive Diamond Bar, CA 91765 Dear Mr. Van Nort: ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE. T-3 850.22 The area shown on the enclosed map is being processed for annexation to the subject lighting district in order to provide funds for the operation and maintenance of street lights to be installed by the developer. Since this area is within the boundaries of the City of Diamond Ba.r, we will need permission from the City Council before the annexation procedures may be consummated. Enclosed are three copies of a Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the matter of annexing this area to the subject lighting districts. Please present this Resolution to the Council at its meeting. If the Council adopts the Resolution, please have two copies executed and returned to this Department. Very truly yours, T. A. TIDEMANSON Director of Public Works VRS:dh/P12964 Enc. RESOLUTION NO. 90 — RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 CITY OF DIAMOND BAR ZONE PROJECT 129-64 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code, for the annexation of territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1; and WHEREAS, the proposed annexation will have street lights installed in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lies within the boundary of the City of Diamond Bar, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, as follows: SECTION I That the public interest, convenience and necessity require the maintenance of a street lighting system located within said territory as shown on the maps of the annexation of County Lighting Maintenance District 10006 and County Lighting District LLA -1 on file in the office of the Department of Public Works. SFrTTnti TT That this City Council hereby consents to the annexation of said territory, as shown on the attached map and/or described in the attached legal description, included within the boundaries of said annexation, and lying within the boundary of the City of Diamond Bar. iFrTTnU TTT That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the said proposed annexations, and hereby consents to the inclusion of said lands within the proposed annexation and to the assessment thereof. ';FrTTnN TV That the consent of this City is hereby given to the comimencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1 by the Bcard of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION V That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the Department of Public Works of the County of Los Angeles. SECTION VI The City Clerk shall certify the passage of this Resolution by the City Council of the City of Diamond Bar and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. PASSED, APPROVED AND ADOPTED this day of , 1990. MAYOR I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: City Clerk of the City of Diamond Bar � Ll .1 Ln0 � O t O -,COVE ,4Ac .� W T, N�n~ 80 y0 k �' D I 4o G 14 y r, O r � N T m ci m H Q A v � Si C r Z S � T O � Y o O W _ AGENDA ITEM NO. 10 ORAL PRESENTATION AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 16, 1990 MEETING DATE: August 21, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Kellee Fritzal BACKGROUND: Council directed staff to poll the Planning Commission, the Parks and Recreation Commission and the Traffic and Transportation Committee; regarding the proposal to compensate Commission/Committee members for attending meetings. The response of Commission/Committee members indicates that there is some ambivalence regarding receiving compensation (6 yes, 4 no, 2 no response, and 3 on vacation). In light of this information, it does not appear to be compelling interest in receiving compensation, for Commission/Committee meetings. RECOMMENDATION• Council consider the ambivalent response, by commission/ Committee members, in making a final determination as to the compensation of Commission/Committee members. FISCAL IMPACT: (Narrative continued on next page if necessary) Planning Parks & Recreation Traffic & Transportation Amount Requested $9,000 I $6,000 $6,000 Budgeted Amount $ 0 0 0 In Account Number: 4210 4310 4230 Deficit: $9,000 $6,000 $6,000 Revenue Source: General Fund General Fund General Fund BY: f -"fid - - - - - - - - - - - - - - - - - - - - - - _-------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Be nger City Manager City Attorney Assistant City Manager 7/24/90 CITY OF DIAMOND BAR AGENDA REPORT DATE: August 3, 1990 AGENDA NO. MEETING DATE: August 7, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrance L. Belanger, Assistant City Manager via Kellee Fritzal BACKGROUND: The City Council established the policy and authority to compensate members of certain of its Commissions/Committees. Ordinance 25a (1990) provides for compensation to be set for the Planning Commissioners, by City Council resolution. Ordinance 24 (1989) provides for compensation to be set for Parks and Recreation Commissioners, by City Council resolution. Ordinance 28 (1990) provides for compensation to be set for Traffic and Transportation Committee members. Council directed staff to survey cities of similar size concerning compensation of Planning Commission, Parks and Recreation Commission and Traffic and Transportation Committee members. A survey was conducted among 11 cities with populations of 50,000 to 75,000. The cities range in their compensation of commission members, from no compensation to $70.00. The compensation of commission members is based on a per month salary or a per meeting payment. The per meeting compensation plan sets a maximum number of meetings that Commissioners can be paid for in a month; typically three meetings. RECOMMENDATION• It is recommended that the City Council adopt, by resolution, the compensation for the following commissions: 1. Planning Commission members shall receive a compensation of $60.00 per meeting, with a maximum of three meetings per month; 2. Parks and Recreation Commission members share a compensation of $40.00 per meeting, with a maximum of three meetings per month; 3. Traffic and Transportation Committee members shall receive $40.00 per meeting, with a maximum of three meetings per month. It should be noted that each Commission/Committee is scheduled to'hold 2 meetings per month. (Narrative continued on next page if necessary) FISCAL IMPACT: Planning Parks & Recreation Traffic & Transportation Amount Requested $9,000 $6,000 $6,000 Budgeted Amount $ 0 0 0 In Account Number: 4210 4310 4230 Deficit: $6,000 $6,000 ,$9,000 Revenue Source: General Fund General Fund General Fund �B.E - EWFD BY ---------------------- ---------------- Robert L. Van Nort Andrew V. Arczynski Terrence - Belanger City Manager City Attorney Assistant City Manager 8/3/90 RESOLUTION NO. 90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMPENSATION FOR CITY COMMISSIONERS/ COMMITTEE MEMBERS A. Recitals. (i) This City Council has heretofore adopted its Ordinance Nos. 24 (1989), 25A (1990), as amended, and 28 (1989) providing for, among other things, the establishment of compensation payable to City Commissioners/Committee Members for attendance at Commission/Committee meetings. (ii). Said Ordinance provides that compensation for City Commissioners/Committee Members shall be established by resolution. (iii) This City Council now desires to establish compensation for City Commissioners/Committee Members. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby determine and resolve as follows: 1. All aspects as set forth in the recitals, Part A of this Resolution. 2. Compensation for attendance at Commission/Committee Meetings for City Commissioners/Committee Members shall be as follows: a. Planning Commissioners - Sixty ($60.00) dollars per meeting for each Planning Commission Meeting actually attended during any calendar month, to a maximum of One Hundred Eighty ($180.00) dollars per month. b. Parks and Recreation Commissioners - Forty ($40.00) dollars per meeting for each Parks and Recreation Commission Meeting actually attended during any calendar month to a maximum of One Hundred Twenty ($120.00) dollars per month. C. Traffic and Transportation Committee Members - Forty ($40.00) dollars per meeting for each Traffic and Transportation Committee Meeting actually attended during any calendar month to a maximum of One Hundred Twenty ($120.00) per month. 3. Commissioners/Committee Members shall be considered at an official meeting and thus eligible for compensation when participating in subcommittee work, as follows: a. The subcommittee is appointed by the chair of the Commission/Committee at a regular meeting of the Commission/Committee. b. The subLommittee is charged to study a specific issue, problem or project for the purpose of returning to the entire commission/Committee with a recommended course of action. C. A City staff member is in attendance at the subcommittee meeting. d. Reports on efforts of the subcommittee are made to the full Commission/Committee. 4. The compensation specified herein shall be effective the first day of September, 1990. 5. The City Clerk shall certify to the adoption of this Resolution. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: , 1990, ATTEST: City Clerk of the City of Diamond Bar AGENDA ITEM NO. 12 ORAL PRESENTATION AGENDA ITEM NO. 13 STAFF REPORT TO BE PROVIDED MONDAY, AUGUST 20, 1990 AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: August 2, 1990 MEETING DATE: August 21 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Parks and Recreation Commission via Charles Janiel, Director of Parks and Maintenance SUBJECT: Diamond Bar City Parks Hours of Operation BACKGROUND• The Parks and Recreation Commission has identified a need to establish a clear policy for the hours of operation for City Parks. County ordinances allowed operation of all parks, until 10:00 pm, without regard to facility use. After meeting with the Sheriff's Department representatives; and, a staff analysis of the current park uses, the Commission determined that the establishment of poli- cy for the hours of operation of City Parks would be an effective liability risk reducer and would provide an effective method for the law enforcement personnel to assure that City Parks are being used in an appropriate and safe manner. Proposed hours of operation of City Parks are from dawn to dusk, for parks with- out lighted athletic facilities; and, from dawn to 10:00 pm for parks with lighted athletic facilities (extended hours may be approved by issuance of a facilities reservation). RECOMMENDATION• It is recommended that the City Council introduces, for first reading, an ordi- nance amending the hours of operation of City Parks. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ ` Revenue Source: REVIF,7ED BY: Robert L. Van Nort V Andrew V. Arczynski City Manager City Attorney / , ® 4y!n1q Terrence L. BelandAr Assistant City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 17.04.330 OF THE LOS ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO THE HOURS OF OPERATION OF CITY PARKS. A. Recitals. (i) The Park and Recreation Commission of the City of Diamond Bar has studied and reviewed the hours of park operations and public accessibility and has determined that it is advisable to modify such hours of operation to respond to the needs and circumstances present in the City of Diamond Bar. (ii) The City Council of the City of Diamond Bar has heretofore adopted, by reference, the entirety of the Los Angeles County Code which contains therein Section 17.04.330 - Hours of operation. The City Council has duly considered and determined that the recommendations of the City of Diamond Bar Park and Recreation Commission are necessary and appropriate modifications which will enhance the City of Diamond Bar. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Diamond Bar does ordain as follows: SECTION 1: This Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 1 SECTION 2: Section 17.04.330 of the Los Angeles County Code, as heretofore adopted by reference, is hereby amended to read, in words and figures, as follows: 1117.04.330 Hours of Operation. A person shall not enter, be or remain in any park, or any facility related thereto, except as may be expressly permitted as follows: "A. Parks without lighted athletic fields or facilities: a person may enter, be and remain in any park without lighted athletic facilities between dawn and dusk of each day. "B. Parks with lighted athletic fields or facilities: a person shall be permitted to enter, be, remain in any park which has lighted athletic facilities between the hours of dawn and 10:00 p.m. A person may be permitted to enter, be and remain in any park which has lighted athletic facilities after 10:00 p.m. if such person has obtained, from the City Manager or his designee, a Park Use Permit. Such Park Use Permit shall designate, in writing, the name of the responsible person, persons, or organization who have permission to enter or remain after 10:00 p.m., the date or dates such permit has been issued for the number of persons expected to be present and the estimated time at which the permitted person, persons or organization will cease use of the park. The City Council shall establish, by resolution, the fee applicable to such permit. 2 "C. The City Manager, or his designee, shall post the hours of operation in one or more conspicuous locations at each park." SECTION 3: Penalties. It is unlawful for any person, firm, partnership, organization, or corporation to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, organization or corporation violating a provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, organization or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted by such person, firm, partnership, organization or corporation, and should be deemed punishable therefore as provided in this section. SECTION 4: Civil Remedies Available. The violation of any of the provisions of this section constitutes 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. 3 SECTION 5: If any section, sentence, word, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, or as preempted by legislative action, such decision or legislative action shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Diamond Bar hereby declares that it would have passed this Ordinance and each section, sentence, word, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, words, clauses or phrases be declared invalid or preempted. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. PASSED, ADOPTED AND APPROVED this day of , 1990. 4 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of J 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar L\1011\0RDH0UW DB 26.8 5