HomeMy WebLinkAbout09/07/1993CITY COUNCIL
AGENDA
Mayor — Gary G. Miller
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Wemer
Councilman — Dexter D. MacBride
City Council Chambers
are located at:
South CoastAir Quality management DistrictAuditonum
2188.5 East Copley Drive
MEETING DATE: September 7, 1993 Terrence L. Belanger
City Manager
Andrew V. Arczynski
City Attorney
MEETING TIME: closed Session - 5:00 p.m. Lynda Burgess
Regular Session - 6:00 p.m. City Clerk
Covles of staff reports or other written documentation relating to each itam referrad to on this agenda
arc on file m the df6ca of the City Clerk and are available for public ;inspection If you have questions
regarding an agenda ite,; please contact the City Clerk at (909). 86 0 24.89 during b.0.MOSS, mhours.
The City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
Next Resolution No. 93-66
Next Ordinance No. 05(1993)
1. CLOSED SESSION: 5:00 P.M.
May convene to consider: matters of
pending litigation (G.C. 54956.9), personnel items (G.C.
54957.6), or purchase/sale of real property (G.C. 54956.8).
Records not available for public inspections.
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:00 P.M.
Mayor Miller
Raul Ries, Calvary Chapel,
Diamond Bar
ROLL CALL: Councilmen MacBride, Forbing,
Werner, Mayor Pro Tem Papen,
Mayor Miller
3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Introduction of Captain Larry L. Waldie, Los Angeles
County Sheriff's Department, Walnut Station.
3.2 Presentation of Certificate of Recognition to Italo
Jimenez for saving the life of Walter Chavez.
3.3 Proclamation - "City Online Week" - September 20 -
26, 1993.
3.4 Update on 57/60 HOV Lane - Presentation by Mayor Pro Tem
Papen.
3.5 Status of Graffiti Enforcement - Oral presentation by
L.A. County Sheriff's Department and City staff.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Traffic & Transportation Commission - September 9, 1993
- 6:30 p.m., AQMD Hearing Room, 21865
E. Copley Dr.
4.2
Heritage Park Grand Opening - September
11, 1993 -
10:00 to 1:00 p.m., 2900 Brea Canyon
Rd.
4.3
Planning Commission - September 13,
1993
- 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
4.4
City Council Meeting - September 14,
1993
- 7:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
4.5
City Council Meeting - September 21,
1993
- 6:00 p.m.,
AQMD Auditorium, 21865 E. Copley Dr.
SEPTEMBER 7, 1993 PAGE 2
5. 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 Citv
6. 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.
7. CONSENT CALENDAR: The following items listed on the
Consent Calendar are considered routine and are approved by a
single motion.
7.1 APPROVAL OF MINUTES:
7.7 AWARD OF CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION AT
PATHFINDER ROAD AND BREA CANYON ROAD - On July 20, 1993,
the City Council authorized staff to advertise for bids
for the installation of a traffic signal at Pathfinder
Rd. and Brea Canyon Rd. The City proposes to award a
contract to the lowest responsible bidder, Macadee
Electrical Construction.
7.1.1
Adjourned Regular Meeting of July
27, 1993
-
General Plan Public Hearing -
Approve
as
submitted.
7.1.2
Regular Meeting of August 3, 1993 -
Approve
as
submitted.
7.2
WARRANT
REGISTER - Approve Warrant Register
dated
September
7, 1993 in the amount of $593,850.90.
7.3
TREASURER'S
REPORT - Month of July, 1993
- Receive
&
file.
7.4
PLANNING COMMISSION MINUTES - Regular Meeting
of July 26,
1993 - Receive & file.
7.5
PARKS AND
RECREATION COMMISSION MINUTES:
7.5.1
Regular Meeting of July 22, 1993
- Receive
&
File.
7.5.2
Special Meeting of August 2, 1993
- Receive
&
File.
7.6
TRAFFIC &
TRANSPORTATION COMMISSION MINUTES:
7.6.1
Regular Meeting of June 10, 1993
- Receive
&
File.
7.6.2
Regular Meeting of July 15, 1993
- Receive
&
File.
7.7 AWARD OF CONTRACT FOR TRAFFIC SIGNAL CONSTRUCTION AT
PATHFINDER ROAD AND BREA CANYON ROAD - On July 20, 1993,
the City Council authorized staff to advertise for bids
for the installation of a traffic signal at Pathfinder
Rd. and Brea Canyon Rd. The City proposes to award a
contract to the lowest responsible bidder, Macadee
Electrical Construction.
SEPTEMBER 7, 1993 PAGE 3
Recommended Action: Award a contract to Macadee
Electrical Construction in an amount not -to -exceed
$63,911.00 and provide a contingency of $6,400.
8. PUBLIC HEARINGS: Will begin precisely at 7:00 p.m.
8.1 (A) RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, ESTABLISHING
POLICIES, PROCEDURES AND REGULATIONS FOR THE USE OF
FACILITIES OPERATED BY THE CITY OF DIAMOND BAR.
(B) RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING FEES AND
CHARGES FOR RENTAL OF PUBLIC FACILITIES.
The Parks & Recreation Commission has developed a draft
set of policies and procedures for the scheduling of City
parks, athletic fields and facilities. The City has been
scheduling the park and athletic fields, in accordance
with Draft Policies. With the impending completion of
the Heritage Park Community Center a set of policies
needs to be approved establishing the reservation and fee
requirements for the Community Center.
Recommended Action: Open the public hearing, receive
testimony and adopt (A) Resolution No. 93 -XX establishing
policies, procedures and regulations for the use of
facilities operated in the City of Diamond Bar; and, (B)
Adopt Resolution No. 93 -XX establishing fees and charges
for rental of public facilities.
8.2 RESOLUTION NO. 93 -XX: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR ESTABLISHING A SERVICE CHARGE
FOR MAINTAINING A PUBLIC NUISANCE ALARM SYSTEM - On
average, the Walnut/San Dimas Sheriff's Stations spend in
excess of 9,500 man-hours a year responding to false
alarms. In the City alone there were over 3,000 false
alarms reported last year accounting for 2977 man-hours.
At an estimated cost of $36.25 per Sheriff's unit, false
alarms account for over $223,000 a year. A service
charge of $125.00, assessed upon any alarm owner whose
alarm system generates three (3) or more false alarms in
a twelve (12) month period, should raise approximately
$250,000 to offset the law enforcement costs for
responding to false alarms, as well as the City's
administrative costs for implementing the provisions of
Ordinance No. 04 (1993).
Recommended Action: Open the public hearing, receive
testimony and adopt Resolution No. 93 -XX establishing a
service charge for maintaining a public nuisance alarm.
SEPTEMBER 7, 1993
9. OLD BUSINESS:
PAGE 4
9.1 DIAMOND RANCH HIGH SCHOOL (SYMBOLIC) GROUND BREAKING AND
CELEBRATION - The Diamond Ranch Boosters Club, in
association with the City of Diamond Bar, the City of
Pomona and the Pomona Unified School District are
planning a community event to celebrate the location of
the Diamond Ranch High School, in Diamond Bar. The City
has indicated that it would provide financial support for
the event, in an amount up to $5,000.
Recommended Action: It is recommended that $5,000 be
allocated to assist in the funding of the Diamond Ranch
High School Celebration.
9.2 DISCUSSION REGARDING THE AMENDING OF RESOLUTION NO. 91-
71, WHICH ESTABLISHES THE CITY COUNCIL STANDARDS OF
OPERATION, TO INCLUDE SANCTIONS/PENALTIES FOR VIOLATIONS
OF RESOLUTION NO. 91-71.
10. ANNOUNCEMENTS:
11. ADJOURNMENT:
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a Closed Session at
5:00 p.m. and a Regular Meeting at the South Coast Air Quality
Management District Auditorium, located at 21865 E. Copley Dr.,
Diamond Bar, California at 6:00 p.m. on Tuesday, September 7,
1993.
Items for consideration are listed on the attached agenda.
I, TOMMYE A. NICE, declare as follows:
I am the Deputy City Clerk in the City of Diamond Bar; that
a copy of the Notice for the Regular Meeting of the Diamond Bar
City Council, to be held on September 7, 1993 was posted at their
proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 3rd day of
September, 1993, at Diamond Bar, California.
/s/ Tommve A. Nice
Tommye A. Nice, Deputy City Clerk
City of Diamond Bar
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: l 7 /J
TO: City Clerk
FROM:
ADDRESS:�-
ORGANIZATION:
SUBJECT: (_; n C4 -i? e , ` %2o �z> C- o �
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: �' 7 — 3
TO: C'ty Clerk
FROM:
ADDRESS:
ORGANIZATION:
SUBJECT:
I expect to address the Council on
Council Minutes reflect my name ar
K subject a nda item. Please have the
address as Vkitlte -above.
Signature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: 1/ 13
TO: City Clerk
FROM:
ADDRESS: d / /p.�L2�- fi[.�� �.G�.�l."_ 9� g
ORGANIZATION:
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as written above.
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE:gh\o,3
TO: City Clerk `
FROM:
ADDRESS: (+-Lo
ORGANIZATION:
SUBJECT:
17
,'0
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and addr_ess as written above.
gnature
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE:
TO: City Clerk
FROM:
ADDRESS:
ORGANIZATION:
SUBJECT: A44 / �i Qv i,/,o �
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as,writtO abovq.
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
REGARDING AGENDA ITEM NO.
DATE: 9�" , y�
TO: City Clerk
FROM:
ADDRESS:
ORGANIZATION:
SUBJECT:
I expect to address the Council on the subject agenda item. Please have the
Council Minutes reflect my name and address as yTitten above.
turd
NOTE: All persons may attend meetings and address the City Council. This
form is intended to assist the Mayor in ensuring that all persons wishing
to address the Council are recognized and to ensure correct spelling of
names in the Minutes.
FEES AND CHARGES FOR RENTAL OF PUBLIC FACILITIES
PARK AND ATHLETIC RESERVATION CHARGES
Athletic Field Lights
User Groups - No charge for use of Athletic field Lights. $100.00 deposit for use required. If
lights are left on after completion of activity, an $8.00 per hour charge will be
deducted from deposit.
One - Time User - $8.00 per hour light charge. $50.00 deposit required. Light Charge will be
deducted from deposit.
Park Reservations
No charge. Refundable cleaning deposit - $50.00 per every 50 persons or fraction thereof.
Storage Facilities (available to User Groups only)
No charge, refundable deposit required - $100.00
Concession Stand
No charge, refundable deposit required - $100.00
Use of Keys for Facilities
No charge, refundable deposit required - $100.00 for use of key, if lost the cost of replacement
will be deducted.
HERITAGE PARK COMMUNITY CENTER
Resident Private Non Resident Private Commercial
Community Room (Whole Room)
$300
$350
$350
(includes use of kitchen)
Community Room "A"
$150
$175
$175
(includes use of kitchen)
Community Room "B"
$125
$150
$150
Activity Room
$100
$125
$125
All rentals will require a $200.00 refundable security deposit.
If Security Guards or Sheriffs Deputies are required, the hourly fee will be based upon the
applicable contract rate.
Civic organization activities that include refreshments, will require a $100.00 refundable clean-
up deposit.
CITY OF DIAMOND BAR
PARK, ATHLETIC AND FACILITY
POLICIES, REGULATIONS AND PROCEDURES
Recommended by
Parks and Recreation Commission
September Z, 1993
Diamond Bar City Hall
21660 E. Copley, Suite 100
(909) 396-5690
PARKS AND RECREATION COMMISSION
The Parks and Recreation Commission is composed of five Diamond Bar residents who are
interested in the recreation and leisure activities of their community. The Commission acts in an
advisory capacity to the City Council and strives to provide opportunities in which the
community residents can interact.
The Commission meets on the fourth Thursday of each month at the AQMD Hearing Room, at
21865 E. Copley Drive, at 7:00 p.m. The public is encouraged to attend.
1
TABLE OF CONTENTS
I. GENERAL INFORMATION PAGE 3
A. Statement of Policy
B. Park and Athletic Facilities Available
C. Definitions
D. Qualifying User Groups -In Descending
Order of Priority
II. RESERVATION POLICIES AND PROCEDURES PAGE 6
A. Parks
B. Athletic Facilities Available
C. Variances and Grievances
III. FEES PAGE 11
A. Athletic Field Lights
B. Parks
C. Equipment
1) Storage Facilities
2) Concession Stand Policy
D. Other
IV. RULES AND REGULATIONS PAGE 15
A. General
B. Insurance
C. Traffic and Parking
D. Public Address System
E. Maintenance
F. Facility Rain Use Guidelines and Procedures
V. BUILDING FACILITY USE POLICY PAGE 22
2
VI. ATTACHMENTS
PAGE 27
A. Park Reservation Form
B. Walnut Valley Unified School District Facility Request
C. Pomona Unified School District Facility Request
D. Permit for sale and/or consumption of Alcoholic
Beverages on Public Facilities
3
I. GENERAL INFORMATION
A. STATEMENT OF POLICY
The City of Diamond Bar, Community Services Department, coordinates the use of all City parks
and athletic facilities available to organizations and the general public for cultural, social, and
recreational activities and programs. The City reserves the right to revoke or terminate a facility
use permit of any individual or organization forviolation of its policies and procedures.
The City may also charge a fee to offset public expenses to operate, maintain, supervise and
administer the use of the park and athletic facilities.
The City will attempt to accommodate all requests for use of City facilities with the limited
amount of park facilities. The increased demand for use of park and athletic facilities makes it
necessary to emphasize sharing in the use of facilities. The reservation of athletic fields will be
determined at bi-annual facility organizational meetings of the user groups and the City.
The mission of the City of Diamond Bar Parks and Recreation Commission is to provide input
to the City Council and Community Services Department regarding policies and procedures for
park facilities and recreation programs. The role of the Commission is to insure that the program
and facilities offered meet the needs of the community and are as economically feasible as
possible so that the citizens may participate.
The Commission is to take into consideration present and future needs of the City and develop
plans to meet those needs.
The Commission is responsible for the initiation, review and recommendation of plans for the
acquisition and improvement of park lands and facilities and to recommend program
improvements or additions when necessary.
The Commission is to recommend policy and programs based on the needs of the entire
community without bias towards special interest groups.
4
B. PARK AND ATHLETIC FACILITIES AVAILABLE
1. City -owned parks
PARK ADDRESS
Heritage Park 2900 Brea Canyon Road
Maple Hill Park 1309 South Maple Hill Road
Pantera Park Bowcreek Drive & Pantera Drive (Pigg swg.)
Carlton J. Peterson 24142 East Sylvan Glen Drive
Ronald Reagan Park
Starshine Park
Summitridge Park
Sycamore Canyon Park
Pathfinder Road & Peaceful Hills Road
20838 Starshine Avenue
Grand Avenue & Summitridge Road
22930 Golden Springs Drive
2. Joint School/City Parks
Paul C. Grow Park/Quail Summit Elementary - Quail Summit Drive & Highbluff Rd.
3. Athletic Facilities
Basketball
Baseball
Tennis Multi -Purpose
Court
Field
Court Field
Heritage lh
1
0 1
Ronald Reagan 1
0
3 0
Maple Hill 1
0
3 0
Paul C. Grow 0
2
0 1
Summitridge 0
1
0 1
Sycamore Cyn. 0
1
0 1
Peterson 0
2
0 2
5
C. DEFINITIONS
Hazardous Activities - any activity that is defined by the City's insurance company or
Risk Manager to be hazardous.
User Groups - qualifying non-profit youth or adult athletic organization that use the field
on an on-going basis.
One -Time User - Resident, company or organization that request a portion of a park for
a single day of use.
D. QUALIFYING USER GROUPS - IN DESCENDING ORDER OF PRIORITY
Group A - City of Diamond Bar sponsored activities.
Group B - Diamond Bar based, certified non-profit, youth and adult athletic organizations,
and civic, service or fraternal organizations who conduct community events and/or
programs open to the general public. Proof of non-profit status must be submitted and on
file prior to scheduled use.
Group C - Diamond Bar residents' non-commercial functions and/or activities not open
to the general public.
Group D - Diamond Bar -based commercial, industrial or professional groups, using the
facility for a non-profit purpose.
Group E - Other tax -supported public agencies.
Group F - Non Diamond Bar residents or commercial groups.
The private commercial use of City Parks for profit and private gain will be prohibited.
6
II. RESERVATION POLICIES AND PROCEDURES
A. PARKS
Requests to reserve the City's park facilities are made through the Community Services
Department of the City of Diamond Bar, 21660 E. Copley, Suite 100. Office phone number is
(909) 396-5690.
1. Picnic Facilities
a. Any person or group with over thirty (30) people wishing to reserve
facilities must submit a facility request, with a refundable clean-up deposit.
b. A request to reserve a facility must be submitted ten (10) days prior to the
event or activity and is subject to the approval of the City on a first come,
first serve basis.
C. The facility request will include the name of the responsible individual
and/or organization, date, time, park area to be used and the number of
people expected to be in attendance.
d. The City reserves the right to require that any group or person obtain
security through the Los Angeles County Sheriff's Department at events
that could create traffic and/or safety concerns at the sole expense of that
group or person.
e. No campfires, liquid fluids or charcoal fires are allowed except with permit
issued by City.
2. Overnight Use of City parks are available by permit through the Community
Services Department with a fifteen (15) day notice. Only Diamond Bar -based
non-profit organizations may reserve the park for overnight use. Proof of
Insurance must be presented to the City as set forth under Insurance requirements
for use of City facilities.
It is the responsibility of the requesting organization to:
a. Maintain appropriate adult chaperons
b. Notify the Sheriff's Department of an overnight campout
C. Request Sheriff patrols during the campout
No Campfires, liquid fluids or charcoal fires are allowed, except by permit issued by the
City.
7
3. Tennis/Basketball Court Use
a. The Tennis and Basketball courts located on City parks are on a first
come, first serve basis and may not be reserved, except for City activities,
or for non-profit athletic programs, as approved by the City.
b. The use of Tennis/Basketball court areas for concession facilities is
prohibited.
B. ATHLETIC FACILITIES
1. Policies
a. Priority
1) First priority is to provide game facilities and to maintain the
parks.
2) Practice requirements are the second priority, following game and
maintenance needs.
b. The number of players and teams will be considered in allotting time for
use of the facilities.
C. The allocation and assignment of dates, times and areas for use of City
Parks is the sole control of the City. Areas under School District
jurisdiction will be scheduled by the School District in conjunction with
the City.
d. Any changes or additions to park assignments must be submitted in writing
and approved by the City, prior to the scheduled event.
2. Procedures
a. Users requesting league or ongoing use of City athletic facilities must
submit a request on appropriate City or School forms. A City Park
Reservation Form must be completed for use of City facilities. (See
attachments for document example) All requests for School District
facilities are to be submitted on School District request forms. (See
attachments for School Districts request sample forms)
b. Occasional or one time only use requests must be submitted on a Park
Reservation Form at least ten (10 days prior to requested facility use).
8
C. All requests will be reviewed by City staff.
d. All field requests from user groups, must be submitted by May 15 and
November 15, preceding the period in which fields will be utilized. Forms
must be signed by the president or official designee of the organization's
Board.
Requests for use by league or ongoing athletic organizations will be
reviewed and assigned in June of each year for the period of August
through December, and in December for the period of January through
July. A facility organizational meeting will be held in June and December
each year to assign the facilities. Each user requesting facilities during the
applicable period must send a representative. If a user group requesting
use of facilities does not send a representative, they may lose their priority
rating for scheduled use of facilities.
f. No user -group will be given an approved agreement for facility use until
the following documents have been submitted:
1) Complete list of names, addresses and telephone numbers of the
current Board of Directors, or designated officials.
2) Proof of current non-profit status with the Internal Revenue Service
and State of California.
3) Master calendar of events to include, but shall not be limited to:
- Registration dates, tryouts (date, time place)
- Date practice begins, practice slot schedules
- Opening day schedule
- Date/times league games (start/finish)
- Tournament dates (requested to host)
- Number of teams
4) One copy of the Certificate of Insurance listing the City of
Diamond Bar as additional insured, in the amount approved by the
City. (As specified in Facility Use Agreement)
5) All deposits as required.
g. Leagues anticipating a split to form a new league, or individuals planning
to organize a new sports program, must apply to the City at least one year
prior to the estimated starting date. This will provide the necessary time
to study the impact of the new program on existing facilities.
9
3. Athletic Field Storage Facilities
a. Storage facilities are made available free of charge to local seasonal user
groups. A deposit is required for use of the facilities.
b. All user equipment must be stored in a orderly manner.
C. Upon conclusion of seasonal play, all equipment must be removed within
fourteen (14) days or a cleanup fee, based on actual expenses incurred and
overhead, will be charged. If equipment is not claimed within thirty (30)
days it will be confiscated and disposed of as prescribed by law.
d. Equipment stored in the facility is not the responsibility of the City.
Unnecessary equipment stored in the facility may be removed at the user
group's expense.
e. Lost or stolen items from the storage facilities are not the responsibility of
the City.
4. Athletic Field Lining/Marking
a. All lining/marking of athletic fields must be done with chalk or waterbased
paint.
b. The burning of fields with the use of weed killer, diesel fuel or any other
method is prohibited on City owned property including park athletic fields.
C. Any user failing to comply with established guidelines and notification is
subject to invoicing for all damages occurring to the facility and
termination of facility use permit.
C. VARIANCES AND GRIEVANCES
A user group may request a variance or submit a grievance to the stated procedures by
completing the following:
1. Variance:
a. Submit a letter detailing why a variance is requested to the City Manager.
b. Appropriate staff members will review the letter and make a
recommendation.
10
C. If staff decides not to grant a variance; the group may appeal to the Parks
and Recreation Commission User Group Sub -Committee within ten (10)
days after written notification of staff's decision.
The user group will be responsible to request a variance thirty days in advance of the scheduled
event to allow for adequate staff review.
2. Grievance:
a. Submit a letter detailing the grievance and recommendations on how to
improve the conditions.
b. Staff will review the grievance and submit a letter to the group.
11
III. FEES
A. ATHLETIC FIELD LIGHTS
All fees are set by the City Council through a Resolution.
1. All City sponsored events/activities, along with Diamond Bar based certified
non-profit youth and adult sports groups, civic, service and fraternal organizations
will be allowed to use ballfield lights free of charge. Proof of non-profit status
must be submitted to, and be on file with, the City prior to scheduled use.
2. Non City of Diamond Bar based or occasional one-time only users will be charged
for the use of lighted facilities at the approved flat hourly rate of $8.00 per hour
for light usage, with a two hour minimum use, and each additional hour or
fraction thereafter.
3. The hourly light use fee will be evaluated each January, and if necessary, will be
adjusted accordingly.
4. The City may deny use of lighted facilities to any organization or individual who
leaves the ballfield lights on after the conclusion of the scheduled activity more
than twice in one calendar year.
a. Deposit
1) A refundable deposit will be required for use of ballfield lights.
This deposit will be used to pay for ballfield lights left on upon
conclusion of the activity. The deposit will also be used to
reimburse the City for physical damages and wages paid to City
personnel called out after working hours to turn off ballfield lights.
2) All one-time users will be required to submit a deposit in advance
from which ballfield light charges will be deducted, along with any
additional cost the City may directly or indirectly incur from their
use.
b. Light Billing
1) All light users will be responsible for reporting actual hours of use
to the Community Services Department within seven days after
scheduled use. The City shall deduct ballfield light and related
costs specified from the deposit and refund the balance, if
applicable.
12
2) User groups will be provided the light box combination by the
Community Services Department. The combination may be
changed periodically and at the conclusion of the season.
C. Light Usage
1) Upon approval of a request to use ballfield lights, the applicant will
be issued a combination to the ballfield lights.
2) Ronald Reagan and Maple Hill Park tennis court lights
automatically turn off at 10:00 p.m. Therefore, the area used
should be cleaned, equipment stored and participants cleared from
the facility prior to the scheduled shut off time. Heritage Park
lights need to be turned off by 10:00 p.m., if they are left on after
10:00 p.m. the group will be charged. If an organization would
like to have lights on at Heritage Park after 10:00 p.m. they must
request an exception to the time limit.
B. PARKS
1. Use of park and picnic facilities is free of charge on a first-come, first-served
basis (for reservations, see Section 11,. Paragraph A).
2. Insurance is required for all groups of 50 or more people or for any activity in
which the City deems that insurance is necessary. The insurance must name the
City as an additional insured and the policy must be a minimum of $1,000,000
general Aggregate limit liability or an amount that the City determines appropriate
for the use requested. Special events insurance has been made available through
the City and can be purchased by the participating group.
3. A refundable cleanup deposit will be required for all groups that reserve use of
a City Park.
4. Reservations are required for all groups of 30 or more persons to utilize City
parks and picnic facilities.
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C. EQUIPMENT
1. Storage Facilities
a. A refundable deposit will be charged for the use of storage facilities.
b. The deposit will be forfeited if stored material is not removed within
fourteen (14) days after the completion of the season or activity. The
facilities must be cleaned. Any equipment not removed from the facility
at the end of the season will be removed by the City. Direct and indirect
costs incurred by the City will be charged to the user group.
2. Concession Stand Policy
a. The primary .user of the park facility will receive primary use of the
Concession Stand. All other use will be approved by Staff and the User
Group Sub -committee (i.e. special activities).
b. The primary User must abide by all Health and Safety standards and
regulations and be available for inspections by the Health Department
and/or Staff.
C. A refundable deposit will be charged for the use of the Concession Stand.
d. The user group shall be responsible for the cleaning of the Concession
Stand (sweeping, trash removal, wiping counters) after each use.
e. Keys will be issued to the User Group for the Concession Stand and can
not be duplicated. The cost associated with the loss of keys will be
deducted from the deposit.
f. Damage to the Concession Stand or broken equipment, due to misuse, or
the facility being left unlocked, will be deducted from the deposit.
g. The deposit will be forfeited if stored material, with the exception of City
owned capital equipment (refrigerator/microwave), is not removed within
fourteen (14) days of completion of the season or activity. The facilities
must be cleaned and all capital equipment disconnected from electrical
outlets (except refrigerator). All capital equipment not removed from the
facility at the end of the season will not be the responsibility of the City.
14
h. The City, accompanied by the scheduled user group, will conduct an
inspection of the facilities at the conclusion of the fourteen (14) day period
to insure compliance to guidelines for use.
The user group is responsible and liable for loss or damage to any items
brought in to the Concession Stand.
j. Adult supervision must be maintained at all times. Children under the age
of thirteen (13) are not allowed to work in the concession stand.
D. RESTROOM/FIELDS
Facilities must be cleaned of rubbish and debris immediately following the scheduled use,
or a cleanup fee, based on actual direct and indirect expenses incurred, will be charged.
E. OTHER
1. Diamond Bar based non-profit organizations may use City Parks for commercial
activities/events to raise funds to support community service programs and
activities in the City of Diamond Bar.
a. Requests must be submitted sixty (60) days in advance of the date of the
activity/event and will be considered by the City's park reservation
personnel with input from the Parks and Recreation Commission.
2. The private commercial use of City Parks for profit and private gain will be
prohibited.
15
IV. RULES AND REGULATIONS
A. GENERAL
1. Alcoholic beverages are not allowed in City parks (Los Angeles County Code
17.04.440). There is a special event policy/procedure for sales and/or
consumption of alcoholic beverages at City Park Facilities. (See attachment)
2. Cancellations
a. The City of Diamond Bar may cancel the use of park facilities for cause
or convenience, which includes but shall not be limited to:
1) When the City is engaged in work involving any of the facilities
scheduled to be utilized.
2) When the health and/or safety of participants is threatened due to
impending conditions, including but not limited to, heavy rains,
unhealthful smog levels or other such climatic conditions.
3) It has been determined by the City that the applicant has not
complied with the City park reservation policies.
b. Should a user group wish to cancel a scheduled activity, notification must
be made to the City at least 24 hours prior to such scheduled use.
B. INSURANCE
1. If a group (user) or one time (user) is involved in an activity where the City
deems insurance to be necessary (i.e. sporting, hazardous events, or company
picnics) the responsible person shall procure, pay for and maintain in full force
and effect, in regard to any such event, a combined Comprehensive Personal
Liability and Property Damage Insurance Policy with limits of not less than
$1,000,000 or any amount that staff deems appropriate for the use- requested.
2. The USER of the park agrees that it will indemnify and hold the CITY and its
elected officials, officers, agents, and employees free and harmless from all claims
for damage to persons or property by reason of USER'S acts or those of USER'S
employees, agents, guests or invitees in connection with USER'S use and/or
occupancy of the facilities.
16
3. Further, the City of Diamond Bar, its elected officials, officers, agents or
employees thereof, shall be designated as additional insured under any such
policy.
4. Any such insurance policy must include the requirement of a thirty (30) day
written cancellation notice to the City.
5 Proof of the effective Policy must be deposited with the Community Services
Department at least seven days prior to the first scheduled usage of the facility.
6. The City has Special Event Insurance coverage which may be purchased, at the
sole cost of the applicant, for an event which takes place on City owned property.
Contact the Risk Manager for further information.
C. TRAFFIC AND PARKING
1. The user group must assure that participants and spectators utilize public parking
areas and park only in marked stalls.
2. No vehicle(s) will be allowed on City park property, or outside public parking,
areas, except those designated for parks maintenance or specifically permitted by
the City.
D. PUBLIC ADDRESS SYSTEM USE POLICY
1. Organized Scheduled Athletic Events
Sound amplification equipment will be allowed in City parks, but is limited to
public address systems, stereo equipment, stationary/portable components and bull
horns, subject to the provisions of the City Noise Ordinance.
A group must submit a request in writing for use of a public address system, prior
to the event, including the purpose and placement of the equipment, to receive
approval from staff.
Public address system use will be permitted only between the hours of 10:00 a.m.
- 9:30 p.m. daily.
Failure to comply with the above requirements by user groups could result in
one/or more of the following:
1) First Offense - verbal warning followed by written communication.
17
2) Second Offense - loss of public address system use privileges by the
organization for the remainder of the season, immediately following the
offense.
2. General Park Use
Sound amplification equipment will be allowed in the City's parks, but is limited
to public address systems, stereo equipment, stationary/portable components and
bull horns, subject to the provision of the City Noise Ordinance.
a. No person or group shall use any public address system in any of the
City's parks without first submitting a request in writing and receiving
approval from the Community Services Department. If staff is required :o
monitor the event all direct and indirect expenses will be charged to the
User group.
b. The proposed use of the public address system must not unreasonably
interfere or disturb surrounding residences nor shall the use of the public
address system detract from or interfere with the general public's use and
enjoyment of the park.
C. Public address system use will be allowed only between the hours of 10:00
a.m. - 9:30 p.m. daily. -
d. The direction of the public address system's speakers must be directed
toward activity spectators and away from the surrounding residential land
use.
e. Failure to comply with the above requirements will result in immediate
disconnection of the public address system use and forfeiture of deposit.
E. MAINTENANCE
1. The City will maintain or cause to be maintained the parks for public use.
2. Field Maintenance
a. All maintenance such as field preparation, lining of the fields, setting of
base stakes, installation of goal posts will be performed by the user
assigned to the facility as per written agreement between the City and the
user.
b. Each user is responsible for the facility being free of trash or debris.
18
C. Users are requested to report any damage or acts of vandalism to the
Community Services Department or Sheriffs Department immediately. It
is the policy of the City of Diamond Bar to prosecute to the fullest any
individuals for acts of vandalism (Sheriffs Department (909)595-2264 or
911.
3. Motorized Vehicle Use
a. Motorized vehicles may be permitted on the City parks for the preparation
of athletic fields upon approval of the City.
b. Each user group must designate the drivers, not to exceed 4, at least 21
years or older, who will drive the designated and approved motorized
vehicle for dragging the fields or other such related activities.
C. Each designated driver will be required to attend a training session,
conducted by the Community Services Department, on the proper method
of dragging infield areas and related safety matters.
d. Each user group is allowed to drag the fields with a designated and
approved motorized vehicle once a day. However, the dragging of fields
between games must be done by hand. The use of a motorized vehicle
between games will not be permitted. Fields may be prepared with a
motorized vehicle only between the hours of:
3:00 p.m. - 6:30 p.m., Monday- Friday
8:30 a.m. - 9:00 a.m., Saturday
10:00 a.m. - 1:00 p.m., Sunday
e. Special request for motorized vehicle use to drag fields shall be made in
writing.
f. Failure to comply with the motorized vehicle use policy will result in the
termination of the scheduled organization's permit to use such vehicle(s)
for the preparation of the fields, for the remainder of their scheduled use
of such facilities.
4. Modifications
Any requests to modify or improve City facilities shall be submitted for approval
to the City of Diamond Bar. No permanent structures or equipment shall be
placed and/or erected on City facilities unless reviewed and recommended by the
Parks and Recommendation Commission for approval by the City Council. The
modifications must be dedicated for community use.
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5. Closure
An annual Parks Maintenance Program is to be submitted to the Parks and
Recreation Commission each fiscal year for review and comment. Such
Maintenance Program shall included the following:
a. Scheduled closure of parks for more than seven (7) consecutive days.
b. Closure of athletic field(s) for one day recovery periods. Closure dates
will be coordinated by the Parks and Maintenance Department with user
groups.
6. Park Restroom Policy and Schedule
The following park restroom policy and schedules will apply to all City facilities:
Park restrooms will be unlocked by 8:00 a.m. and will remain open until the park
closes. Restrooms will also be open on weekends.
Special restroom access is available upon request to the Community Services
Department (909)396-5694. Restrooms will be opened for all City recreation
programs.
F. INCLEMENT WEATHER USE GUIDELINES AND PROCEDURES
1. Guidelines
a. There will be no use of City athletic fields when facilities are unusable due
to inclement weather as determined by the City.
b. Any user failing to comply with established guidelines and proper
notification is subject to claims for all direct and indirect damages and
potential termination of facility use permit.
2. Procedures for Notification
a. The City will be responsible for notifying users of field condition(s) and
availability of use.
b. The City will notify all scheduled users regarding availability of facility
for use, after 2:00 p.m. Monday through Friday.
20
C. On weekends and Holidays, the City will be responsible for making the
decision regarding the facility use by 9:00 a.m. If facilities are unable to
be used, temporary signs will be posted in visible locations in the parks.
These signs will be removed when the fields are in condition to resume
use.
3. Estimated Cost for Damage Repair or Turf
Users will be charged for all direct and indirect costs incurred by the City for
repair of the turf and/or irrigation systems due to failure to comply with the rain
policy. Repair costs are based on actual expenses and normal City overhead.
Failure to comply with the inclement weather policy can also result in the
termination of user's facility use permit.
21
V. FACILITY RESERVATIONS POLICY
A. The following procedures and fee schedules are annually reviewed by the Parks and
Recreation Commission and approved by the Diamond Bar City Council. They regulate
the use of City -owned facilities, including the Heritage Park Community Center.
Equipment may also be rented in conjunction with rental or use of specific facilities.
City of Diamond Bar facilities under the management of the Community Services
Department are available to the public for activities and programs that meet the needs and
interests of the community. The City of Diamond Bar has established these rental fees
and services, based upon cost of maintenance, utilities, supervision and/or other direct
costs.
The City shall have the right to control and operate the facilitie's heating, air conditioning
and common use areas, in a manner deemed best for the City. USer must insure that all
required codes are met.
B. Identification of User Groups:
1. City Sponsored by City Council, City Departments, City Commissions/Committees or
City co-sponsored meetings/seminars/conferences. There is no charge for these uses.
2. Resident Non -Profit, civic, service, athletic organizations, who conduct or sponsor
non-profit, community -oriented services and activities open to the public, i.e. Boy Scouts
Softball, Little League, and other groups as approved. Proof of non-profit status is
required.
Determination of eligibility of Resident Non -Profit may be made by the City of Diamond
Bar.
No fee will be charged for board or general membership meetings or registration
activities. If meetings are held after normal hours of operation, weekends or City
observed holidays, a fee will be charged for staff hours required to open and close the
facility. All other events shall be charged according to the fee schedule. Said events
include activities for which there is a charge and/or which are not open to the general
public (fund raiser, luncheons and awards 'ceremonies). A cleaning deposit will be
required for activities which serve refreshments.
3. Private Parties, functions and activities not open for the general public and which are
not profit -oriented.
4. Commercial, Industrial. or Professional firms, or non-resident civic organizations,
including tax -supported public agencies (i.e. County, State or Federal agencies).
22
C. Rental fees are based upon an eight (8) hour period. A four (4) hour rental may be
arranged at one-half (1/2) the regular rental rate, through Community Services prior to
scheduled use.
D. Room use includes: tables, chairs and one (1) microphone (if available) and room set-up
(set-ups arranged through Community Services at time of room confirmation). Rental
fees include a City staff person(s) to open and close the building and to provide facility
maintenance.
E. A cleaning deposit is required of all rental groups and may not be applied toward rental
fees. Deposits are paid at time of reservations and are refundable if the facility and/or
equipment are left in satisfactory condition as determined by Community Services. Users
are responsible for any and all damages to property or for the loss of property, plus an
additional 159o' overhead charge.
F. The User shall obtain, and keep in full force, at User's expense, for the mutual benefit
of City and user, comprehensive, broadform, general public liability insurance providing
for: 1) claims and liability for personal injury, death or property damage arising from the
use, occupancy or disuse of the facility or adjoining areas and ways; 2) at least
$1,000,000 bodily injury or death for any one person; 3) at least $1,000,000 one accident
or occurrence; 4) provision of the agreement shall be carried only by responsible
insurance companies licensed to do business in the State of California. All such policies
shall contain language to the effect that: 1) the insurer waives the right of subrogation
against the City and against the City's agents and representatives; 2) the policies are
primary and non-contributing with any insurance that may be carried by the City; and 3)
they cannot be canceled or materially changed except upon prior written notice by the
insurer to the City. In the event of any such cancellation or material change, any
agreement between City and User shall terminate and be of no further force and effect.
User shall furnish City with a Certificate evidencing such insurance and naming the City
of Diamond Bar as additional insured at least ten (10) working days prior to User's use
of the facility. Certificate of insurance issued to the City must contain the following
language:
THE CITY OF DIAMOND BAR, ITS ELECTED OR APPOINTED OFFICIALS,
EMPLOYEES, AND VOLUNTEERS ARE INCLUDED AS INSURED. THIS
COVERAGE SHALL BE PRIMARY AND CITY INSURANCE SHALL NOT BE
CONTRIBUTORY. THERE SHALL BE NO SUBROGATION AGAINST THE
CITY. NO CANCELLATION OR MATERIAL CHANGE SHALL BE MADE
WITHOUT THIRTY (30) DAYS WRITTEN NOTICE TO THE CITY.
The City has Special Event Insurance coverage which may be purchased, at the sole cost
of the applicant, for an event which takes place on City owned property. Contact the
Risk Manager for further information. Certificates are subject to review and approval by
the City.
23
G. Liquor Requirements
1. Serving Liquor (complimentary service)
The City of Diamond Bar requires clients who will be serving complimentary liquor (i.e.
hosted bar, wine service with meal) to provide Host Liquor Liability insurance coverage
in an amount no less than $1,000,000. If the client's insurance cannot meet this
requirement, a one -day special events policy must be purchased from the City with the
fee based upon the type of event and number in attendance. Providing the required
coverage is mandatory, and all other insurance requirements described in Section F above
are applicable in addition to Host Liquor Liability coverage.
2. Selling Liquor
Any client who will be selling liquor (i.e., cash bar, dinner and drinks for a fee) is
required to provide Host Liquor Liability coverage as specified above. The insurance
requirements described in Section F above are applicable in addition to Host Liquor
Liability coverage. -
IN ADDITION, the client should note that liquor sales must, by law, be conducted by an
entity licensed to do so by the Alcoholic Beverage Commission (ABC) of the State of
California. If the client is not licensed, the client must contract with a licensed person
to conduct any liquor sales. Any questions as to the need for and requirements of
obtaining the appropriate ABC license(s) should be directed to the ABC at (714) 558-
4101, Monday through Friday, 8 a.m. - 5 p.m.
The client is required to provide a copy of the appropriate ABC license(s) to the City at
least ten (10) working days prior to the event at which the liquor is to be sold.
H. Inspection and permits by the Fire Department to assure compliance with Public
Assembly regulations may be required at the User's expense. User representative must
be present during such inspection. User will be billed directly by the Los Angeles County
Fire Department. Persons will not be permitted inside any facility in excess of the
established capacity of that facility.
I. The private commercial use of City Parks for profit and private gain will be prohibited.
J. Facility Reservations shall have the right to relocate or reassign meeting rooms as it
deems appropriate, at the same or reduced rental fee, but not more than what would have
been charged per the room schedule.
K. Reservations may be revoked at any time whenever there has been a violation of approved
Rules and Regulations.
24
L. The City of Diamond Bar will not rent, lease or allow use of its public facilities by any
person or organization for a public meeting that precludes participation by any disabled
person.
M. City equipment shall not be removed from any facility.
N. Smoking is prohibited in all pubic meeting rooms in compliance with City Code, Chapter
28, sections 28.3 and 28.5.
O. Special events or requests not covered in the above policy, must be submitted in writing
and will be reviewed by the City to determine appropriate use, fees and services.
P. Event staff or security will be required at all events held at Heritage Community Center
at a ratio of one person per 100 or more guests and whenever alcoholic beverages are
either being served or sold. Rate for event staff will be at current prevailing wage and
will be in addition to rental fee. At discretion of the Community Service Director an
event may require City Staff, Security Guards or Sheriffs Department Deputies.
25
City of Diamond Bar
Facility Reservation Regulations
A. The reservation process must be completed at least two (2) weeks in advance of the
reservation date. A reservation, once approved, shall constitute an agreement between the
User and the City of Diamond Bar. These regulations are included by reference to the
Agreement and all terms and conditions of the regulations must be complied with. All
applications must be signed by an authorized adult representative of user organization or
private party.
B. Cancellation of use must be in writing and received at least thirty (30) days prior to the
scheduled event. Cancellation without proper notification will result in the forfeit of
deposits. Changes in hours or conditions of use indicated on the original request must
be done at least ten (10) working days prior to the scheduled event.
C. No reservation will be approved until all fees, deposits, permits/licenses and insurance are
obtained and paid in full. These fees and deposits shall be paid at least ten (10) working
days prior to the use of the facilities. If the policies and regulations stated in this
document are not in compliance, any reservation may be canceled immediately upon
notice to the applicant, and any fee(s) previously paid may not be returned.
D. Licensed catered food service is required at the Heritage Park Community Center.
Exceptions to catered service must have prior approval from Community Services.
NO COOKING IS ALLOWED IN THIS FACILITY.
E. No signs or decorations will be taped, nailed, or otherwise attached to walls, windows,
ceilings or drapes unless all decoration and the method of attachment is approved by City
Staff. No rice, bird seed, confetti, or other similar items will be allowed to be thrown in
or around any facility. No open flames or candles will be allowed.
F. Signs, placards, pictures, advertisements, names or notices shall not be inscribed,
displayed, printed or affixed on to any part of the outside of any facility without prior
approval by City Staff.
G. All entrance doors on the premises shall be locked when the facility is not in use. All
door openings to public corridors shall be kept closed except for normal ingress and
egress.
1.O
VI. ATTACHMENTS
27
CITY OF DIAMOND BAR
APPLICATION FOR USE OF CITY FACILITIES
PLEASE TYPE OR PRINT LEGIBLY
DATE OF APPLICATION I
ORGANIZATION/BUSINESS (if applicable)
PRESIDENT OR RESPONSIBLE PARTY ADDRESS
BUSINESS PHONE
HOMEPHONE
Office Use Only
Tlot Received'
FIRST DATE OF USE: LAST DATE OF USE:
TIME OF USE (MON. — FRI.) — START END TIME OF USE (WEEKENDS) — START END
SPECIFIC PURPOSE OF USE/DETAILS OF ACTIVITIES:
NUMBER OF EXPECTED PARTICIPANTS OPENTOTHE GENERALPUBLIC?
ADULTS: MINOR: YES: NO:
WILL THERE BE AN ADMISSION SOLICATION, IF YES, EXPLAIN WHAT USES THE MONEY WILL BE PUT:
DONATION OR OTHER COLLECTION OF MONEY?
YES: NO:
HERITAGE PARK
BASEBALL DIAMOND
PICNIC FACILITIES
OTHER
PAUL C. GROW
SOCCER FEILD (2)
BASEBALL DIAMOND 1
BASEBALL DIAMOND 2
OTHER
RONALD REAGAN PARK
COVERED PICNIC AREA
OTHER
SYCAMORE CANYON PARK
LOWER PICNIC AREA
SOFTBALL DIAMOND
OTHER
LPARK
FIELD AREA
PICNIC FACILITIES
OTHER
PETERSON PARK
COVERED PICNIC AREA
SOFTBALL DIAMOND 1
SOFTBALL DIAMOND 2
SOCCER FIELD (2)
OTHER
SUMMITRIDGE PARK
UPPER PICNIC AREA
LOWER PICNIC AREA
SOFTBALL DIAMOND
OTHER
INSURANCE REQUIREMENTS: The City requires a Certificate of $1 Million General Liability Insurance
naming the City of Diamond Bar as additional insured. The City offers Special Event Insurance if a group is unable to secure
the necessary insurance, price determined by event.
Non—Profit organizations can request use of storage facilities and/or restroom keys, a $100 deposit is required for each key.
Use of Ballfield lights at Heritage Park requires a $100 deposit, if lights are left on, $8.00 per hour will be charged.
AGREEMENT
THE UNDERSIGNED hereby states, under penalty of perjury of the laws of the State of California, that (s)he is the
person duly authorized to make and sign this application, and that (s)he has read and understands the policies and
regulations of the City of Diamond Bar pertaining to the use of city park and recreation facilities, a copy of the receipt of
which is hereby acknowledged.
FURTHER, THE UNDERSIGNED ACCEPTS AND AGREES AS FOLLOWS:
* To comply with all laws, policies, rules and regulations of the City of Diamond Bar pertaining to the use of City facilities
and to hold the City of Diamond Bar harmless from any liability or damage to persons or property which may arrive by
reason of such use.
* To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any expenses or loss incurred by said City
as a result of non—compliance with any of the approved terms of this permit.
* To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any loss or damage to City Property caused
by use of such property, ordinary wear and tear excepted.
SIGNATURE OF AUTHORIZED APPLICANT DATE
PARK REGULATIONS
* No alcholic beverages are allowed in City Parks.
* The city of Diamond Bar may cancel the use of park facilities due to weather/condition of park.
* The applicant must assure that participants utilize public parking area and park only in marked stalls.
* No velucle(s) will be allowed on City park property.
CITY OF DIAMOND BAR
COMMUNITYSERVICES DEPARTMENT
21660 E. COPLEY, SUITE 100
DIAMOND BAR, CA 91765
(714) 396-5690 FAX (714) 661-3117
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
476 South Lemon Road, Walnut, California 91789
Telephone: (714) 595-1261
APPLICATION FOR USE OF SCHOOL FACILITIES
Application MUST BE submitted to the Walnut Valley Recreation Office
DATE OF REQUEST
NAME OF ORGANIZATION
SCHOOLREQUESTED
SPECIFIC AREA/FACILITY (e.g. room number or field)
First date of use Last date of use
Day/Days of Use (circle all that apply) Mon Tues Wed Thurs Fri Sat Sun
Time of Use -- (weekdays) Start End (Note: premises must be vacated no later
than 10:00 p.m.)
Time of Use -- (weekends) Start End
COMMENTS
PURPOSE OF USE
EXPECTED ATTENDANCE NO. OF CHAIRS REQUESTED NO. OF TABLES REQUESTED
SPECIAL INFORMATION OR REQUESTS
I have read and agree to the rules, regulations, and other provisions governing the use of the facilities herein applied
for as outlined on the reverse of this form.
I understand that all applications expire June 30, and must be renewed annually.
Person making application
Position
Home Phone
Address
Work Phone
THIS DOCUMENT IS AN APPLICATION FOR USE OF SCHOOL FACILITIES ONLY.
NO PERMISSION HAS BEEN GRANTED FOR USE OF FACILITIES UNTIL AN APPROVED REQUEST FOR USE OF
SCHOOL FACILITIES IS GIVEN TO THE USER.
DISTRIBUTIONS WHITE—RECREATION OFFICE / YELLOW—APPLICANT
WAREHOUSE 50-02850
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
Use of School Facilities for Non -School Purposes
Terms ar.d Conditions
(Policy Sec. 4800 Et. Seq.)
The use of SChooi district buildings, grounds ane egr.,Dment 5na:' ne ,ler terms and
conditions and subject to limitations reou,reme1tS and est,.-t,GnS set forth n the RULES FOR USE OF OUTDOOR FACILITIES
Education Code or in Walnut valley unified Scnret District potiry and s'pportng
regulations, and as otherwise may be established by the Board of Tr,s tees from time :o ! Outside facilities may be used only with an approved Facility Request
lime
Use of district personal propertysuch as chairs, tables and audio visual equipment by or
under the supervision of a quairfiec operator may be autnur:zed. out such equipment shad
not be loaned to individuals or community groups 70r use oif rhe district premises. except
that chairs and tabes may be used by community groups for activities which are conducted
for the benefit of district students or student organizations Damage costs generated as a
result of offcampus use under this provision shalt be borne by the using organization.
Facilities shalt not be used by or for
I An individual, group, or organization as prohibited in the Education Code.
2 An individual or group for commercial purposes or private Hain unrelated to school
activities or to the activities of schoofreiated Orgaruzatwns or community service
organizations, or for performing any act or doing anything that is unsate or threatens the
safe use and enloyment of the facilities by others.
3. Riding horses, bicycle& motocycles, go-carts or any other wheeled verucles Or
livestock except as special permission may be granted by the Supenniendent or his
designee.
4 Any Individual, group or organization which in the opinion of the Superintendent
becomes immoral rowdy, or otherwise objectionable, or damages the facilities or fads
to leave them in a clean and neat condition or fads to abide by district policy or
regulations or special provisions relating to any particular use When any such
conditions are determined to exist the using group shall forfeit all privileges given
under this authority.
5. An individual, group or organization deemed subversive as claimed in the Education
Code
STATEMENT OF INFORMATION
By signing the request for use, the applicant states that to the beat of his knowledge, the
school property for use Of which application Is hereby made will not be used for the
commission of any act intended to further any program or movement the purposeof which is
to accompleh the overthrow of the government of the United States by force, violence, or
other unlawful means
That the organization on whose befall he is making application for use of school Property,
does not to the beat of his knowledge, advocate the overthrow of the government of the
Unmed States or of the State of California by force, violence or other unlawful means, and
that to the beat of his knowledge, it is not a Communist action organization of Communist
front organization regrired by law to be registered with the Attorney General of the United
States. This statement a mads under the Penalties or Perjury.
GENERAL RULES AND REGULATIONS
1. Pnonty for com muniy use of school grounds or facilities shell be for use by participants
in regularly scheduled or special events under the recreation program sponsored by
the Walnut Valley Undied School District City of Walnut and/or Los Angeles County
Department of Parks and Recreation
2. Groups ting school grounds or facilites shoo confine activities to arose Specifically
assigned
3. Groups shoo be responsible for the condition in which they leave school faaol isa
Failure to leave fapkties in a clean comfilicn after use can result in terminating
the applicants present or fuhrn uta M nage when adtool property hes been
damaged the damsee, "I be mud for by the orgenizaton involved,
4. All juvenle organizations or groups seeking the use of school facilites must have adult
Supervision.
5. Use of the school progeny Nal be under the suparnew and control of a duly
authorized employee of the district t shel be that parson's out to see tat ttneee n"o
and rogulstiorM are enorced and report any ndalone or atternpled voletona to the
Principal.
6. There shell be no smoking in clasMopn& muntMgDO$46 choral or otter rooms or
spaces used for civic nsetkge. Ulcodcants or narcotics Nal not be used nor shall
prdane Irpwge, M --N% 111-1 @ or 9♦m01 be penfutted on school premises.
7. If fres use is granted the mselb Owl be open to tis public.
8. Where a fee is chargeq t shed be in conformance with the schedule adopted by the
Board of Trusts" This schhidule wit be subp& to change at the dlacnlion of the
Board
9. An authorized employee of the district &hall open the building upon the presentation of
SPplcation property authorized
10. Unless ontMrAsa iuhorizeo, sl functions Nall close by 10:00 p. m When faclitiesan
used beYcrd 10:00 pm.. an additional hourlyfee will be charged in accordance ellh the
schedle of feat Allowances may be mads for unusual creunsWwcea
11 A complete set of bylaws, membership k" or other related information of any group
or orgl1MIZ n repsabng use of schdd fadstisa nay be requwead by the QiNnct and
"be presented upon request
12. Preparations "I not be used on floors for dancing without the written consent of the
principal or custodian
13. When an adlnmmDn fee is Charged by the user, and in the opinion Of the district a rat
profit may result from the use, the district may examine the financial records of is user
to determine the appropriate fee to charge.
14. Equipment or fianiture shall not be taken from rte premises except by written
Permisalpn Of to school pmapal arid then only d a is to be used for an approved
purpose at another facility in the district
2 Watering equipment shall not be moved turned on or off or Interfered with in any way
3. No motor vehicles of any land are allowed on the field& Parking lots shall be used for
this purpose.
4 Fields shall be left in the same condition in which they were found. Users shall clean up
the area after each use. Damage beyond normal wear, or failure to leave grounds, in a
clean condition after use can result in terminating the applicants present or future use.
Costs incurred by the district to effect repairs or to clean up after a user must be paid by
the user
5 Users will be billed for costs when their use has resulted in expenses for the district
6 in the event that a group fails to pay wnhjn2 weaksof being bead, the group must cease
use of facilities until such time as the bill is paid in full.
7 All activities shall be held at a safe distance from buildings and other structures that
might be damaged by balls or other sports equipment.
8 Gates shall be used when entering or leaving the facility. Fences shall not be climbed
nor gales forced open
9. Fields shall be vacated at dusk unless other arrangements have been made with the
district recreation department or school pnnclpaL
10. Use of school property for sports or other strenuous activities is prohibited during
Periods of time when the or quality has begirt declared "ulhsslthfhir' by the A Q. M. D. It
shall be the responsibility of the user to determine that the environment for play is safe.
1 I Alterations of markings of the flea is prohibited without permission of the schooi
Principal Or the racreriondirecIor.
12unsupervised bicycle sol skateboard riding is prohibited on all school facilities.
13. Violations of the rules and regulations may cause cancellation of the facility use
privilege, .
14. Fields must not be used after a heavy reirt when they are wet wrnen any use will damage
a field or when they are posted as utplayabie.
15. There shell be no uas of any district fields on Sundays, which are set aside for field
recuperation and watering Exosplions may be made in unusual circumstances by
approval of the recreation directs.
16. Community groups are restricted to be to use of designated play areas and should not
utilize lawns, OL*04- olu dS ansa or guar nontlesignsted areas for pisyfielda
17. Hiftrig of goff balls or golf practice of any kind is prohibited on all district property.
18. Dogs and oiler erimale are prohibited from beag on ore district property mese they
are: a) involved in adistrict-sponsoredectift suchasobecoanciffor grooming classes;
q sesirg•eye dogs or cl specifically *~Zed by to School prkncool.
HOLD HMIMLESS AGREEMENT
The apptcant ndCated an is reverse of tis form hwweinafer ideitYisd as USER In
snoring ties fort agrees to I dwrrtiy and hold terirnlsss the Walnut Valley Unified School
Dlalrlim hehMhalNr drlt-11 as DISTRICT. ils tlllloerL agerta ane Mnpbyaas from every
Galin or demand meds and every ImMty, loss, damage, or expenes, of any nature
whatsoever which may be Incurred by reason at
(y Liability for demagee for (1) deuh or bodily irywy to persona (2) iryury b lass, theft of
Property. or(3) any otter lose damsge or expanna shei g under Ww(l I or(2) above
sustaeedbytheuserorarypersomfkteaaapii Iii isinpievedbythousar upon or in
correction waft the ac"called or into use of fwAliss requestforman the reverse
of the alae[ except or hab ilty resulting from to ease rhedigrn , o►wiMul misconduct
of the district its officers, employees agents or independent twmractors who are
directly employed by the dlaeict and
(b) Any injury to or death of persons or dsmspa to properly creed by any, act neglect
default or ortrnlsnan of In user, or an fi permn, frim or corporalibn employed by the
user, either dvecthy a by khdeperdent contract noluang W damages due to loss or
nensustaaedbyrnyperm wnmorcorpontlomnckrdngthedletrotshelling out of,
or in any way corrected win to use otdlatrfct faclatee whether said injury or dame"
occurs sitar on orott school dletrict Dlaperb, K nae MabEtY roes nom the negligence
or wilful miseoncW of the, user or anyone employed by the near. whether directly or by
ndeperdent pg11111i
(c) The user at fie own expense, cost and risk shell be requred to deland any and all
actions, suit86 OF otter procwdinps ttet may be bought or instituted against the
dIstrict Ms ollloan, agents or angtoyeea an try such claim demerd or habildy, and
stallpayorsatsytryjidgsneMlhetmeyberardo - sgalettedlefrlotits officers,
agents or enpbyem nary acct% suits or icier proceedkgs as a rseull thereof
M WJPANCE
The district reserves the right to require a oarhlseN or other sMislactory evidence of
adequate insurance, with the dntmict Maned as mmourett w hisrewer the nature of the
activity is deemed by the dlatrlCt to make such insurance appropriate.
C"DIti1CtiA UNIc'EL SLti __ ,]IS7R:_
APPU;CA7'tpN ANO PERMIT FOR USE OF SCHOOL PREMISES
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EQUIPMENT AND FACILITIES DESIRED: CHECK
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PPwOv AL Or GOAWO Or COVCAT1004 WNlN NtCCSSARY IOATt1
ANY USE OF SCHOOL KITCHEN FACILITIES WILL NECESSITATE A SUPPLEMENTARY FORM
RESPONSIBILITY: TMS VNOGNSIONSO CtRTIFICSTNAT q[ "As wt AO T
wsGAwp TO y7S OF SCgOOI PRtMS wtGVLAT10N7 Or TN( sQARO Or tOUCATION i.
M11ts ANO NS AGwcts Tq AT qt ANO TNw OwCANIZATION WNIGN Nt wt►RtStNTS WILL _CONFORM Rr TO
TNsf[ w[OyLAT1ONs1 AGwSwS TO as Ptw/ONALLY RtiPONSlet a. ON •tN AL/ Or TMC AwOVt ORGANIZATION. FOR ANY CONFOR
sVfTA1N[O or r m fC1100L •1JILOINO on tOVIPMENT OVtR ANO Agavt
NORMAL Ot PRt GIATIQN. wtAw ANO TWA*: IVRTgtw
Gt wTl •Iss TgAT q[ WILL YAKS AMY NSCCSIAwY APPLICATION! TO TNt POMONA CITY COUNCIL POR A 6ICtN/1; ANO PVwTgsw
CtwTIFI E'f TgAT TN[ APPLICANT WILL NOT ►twPOwM ANY ILLEGAL ACTS WNILE VSII{a TNw FACILITIts Or TNS PO{{QNA VNIPIEO
fGgOOL OIfT AT
ANY INOIVIoUAL. GwOV' OR ORGAN/CATION USING SCHOOL PROPt RTY row CIVIC C9"Ttw OR OTNtR PVRPOIts. !MALL MOLD Tae
ICNOOL calve/CT. Ire GovtwMlNe SOARO. TNt INOIVIOUAL O&CMwt R1 TNwII[Or, ANO ALL OISTR/CT OrFlCtws. AGtNT7. ANO
tMPLOYwwS Wast ANO NAwMLtss PROM ANY LOI6. DAMAGt. UAwILITT, ARMS CURING OR ST iNCN
Use Ow OCCUPANCY Or SCHOOL PROPIaTY, COST OR tX/tNit THAT MAY ARMS
SIGNED:
IAfs1wTANT SV •tRINTwNOSNT, OUSINSSS fSaVIC[!I
RECORD OF DISTRIBUTION:
OINAL EuslNwss OWWIC[
OwssN Pw1.VCIr AL O/ SVILOINC
Y GLLOW CUSTODIAN OF fy1LO/NC
•INK SUPSOVISON Or PAINT, A open ATIONf
GpLoc"moo
(114aNATywS)
OFFICIAL CAPACITY
SUBJECT:
1.0
we]
3.0
CITY OF DIAMOND BAR
POLICY/PROCEDURE
Sales and/or consumption of alcoholic beverages for
special events at a City park facility.
PURPOSE
The purpose of this memorandum is to set forth the
criteria allowing the sale and/or consumption of
alcoholic beverages at City parks, and to outline the
procedures for obtaining approval.
POLICY
Authorized the City Manager to approve the sale and
consumption of alcoholic beverages in conjunction with
certain special events at City facilities under his
jurisdiction. The event must be deemed appropriate based
upon specific criteria and conditions and the sponsors
must obtain a valid permit from the City.
It is intended that the current City Code restrictions
against alcoholic beverages in park facilities remain in
effect for general recreational use of park areas by
individuals and organizations.
PERMIT CONDITIONS
A special event involving the sale and/or consumption of
alcoholic beverages at a City facility selected and
approved by the City Manager, requires a written permit
which includes the following conditions.
3.1 The sponsor(s) must obtain the appropriate
license from the California Alcoholic Beverage
Control Board and comply with all license and
operating requirements of the A.B.C., federal,
state and local laws; and
3.2 Agree to the assignment of one or more
employees of or other persons approved by the
City to the special event as required for
monitoring purposes and to make appropriate
reimbursement for the cost of that assignment;
and
3.3 Provide at the permittee's expense, the number
and type of peace officers determined by the
City Manager and local law enforcement to be
necessary for security at the specail event;
and
3.4 Promise to indemnify, defend, and save
harmless the City its agents, officers, and
employees from and against any and all
liability expense including defense cost and
legal fees, and claims for damages of any
nature whatsoever, including, but not limited
to, bodily injury, death, personal injury, or
property damage arising from or connected with
the special event; and
3.5 Provide and maintain a policy of $1,000,000
liability insurance coverage for the event.
The City Manager may require additional
coverage upon determination by the City's Risk
Manager, that the event warrants increased
coverage.
3.6 Provide in advance of theevent, a security
deposit of $50 per 100 persons or increment
thereof, from which extraordinary City
expenses for maintenance, repair, or
replacement arising from the permittee's use
of the facilities, shall be deducted.
4.0 PROCEDURES
4.1 Individuals requesting the sale and/or
consumption of alcoholic beverages at a
special event must submit a City Office. DB -1
at least fifteen (15 ) days prior to the event.
4.2 The following should be considered when making
this determination:
- The area and/or structure to be used by
such special event must be located so
that it is feasible to restrict public
access to the event to participants only.
- The scheduling and location of such
special event must not conflict with
other scheduled events or activities or
with the primary purposes and public uses
for which the facility is operated.
- The sale and/or consumption of the
alcoholic beverages must be limited to
the premises where the special event is
to be held, and to the participants in
the event, who may legally consume such
beverages.
The authorization to sell alcoholic
beverages must not conflict with the
contractual rights of City
concessionaires.
The special event must be one in which
the participants will not engage in
swimming, boating or the operation of
motorized vehicles or equipment or other
similar activities.
4.3 The Manager will select an appropriate
facility for the event and time requested
after considering the selection criteria and,
whenever feasible, the facilities indicated by
the applicant as preferred choices.
4.4 City Manager will give final approval
contingent upon the applicant providing proof
of having met all the requirements listed
under Section 3.0. This proof must be
provided fifteen (15) days prior to the
scheduled event. The original will be
retained by the City which will forward a copy
to the applicant.
PERMIT FOR SALE AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON
DEPARTMENT OF PARKS AND RECREATION FACILITIES
Permittee Information
Name & Title of Applicant:
Applicant Address:
Name of Organization:
Park/Facility/Area Requested:
List two (2) Alternates:
Date Requested:
Verifications
Type:
A.B.C. License
Security Deposit Amount $
*Insurance Amount $
*Peace Officer - No. Required
Other (Specify)
Hours: From To
Verified By/Date:
*Proof of required insurance coverage must be presented thirty (30)
days prior to the event.
**Proof such as a receipt from a private security company must be
presented thirty (30) days prior to the event.
-------------------------------------------------------------------
Approvals
Commander, Walnut Sub Station
City Manager
Comments:
Date
Date
CONDITIONS OF PERMIT
1. The sale and/or consumption of alcoholic beverage must be
limited to the premises where the special event is to be held
and to the participants in the event who may consume such
beverages; and
2. The authorization to sell alcoholic beverages must not
conflict with the contractual rights of City concessionaires;
and
3. The special event must be one in which the participants will
not engage in swimming, boating, or the operation of motorized
vehicles or equipment or other similar activities.
4. The applicant/organization also agrees to obtain the
appropriate license from the California Alcoholic Beverage
Control Board (ABC) and comply with all license and operating
requirements of the ABC, federal, state and local laws; and to
5. Assign one or more employees of the City, or other persons
approved by the City, to the special event as required for
monitoring purposes and to make appropriate reimbursement for
the cost of that assignment; and
6. Provide at the applicant/organization's expense the number and
type of peace officers determined by the Manager and local law
enforcement to be necessary for security at the special event;
and
7. Promise to indemnify, defend and save harmless the City, it's
agents, officers and employees from and against any and all
liability expense, including defense cost and legal fees, and
claims for damages of any nature whatsoever including, but not
limited to, bodily injury, death, personal injury or property
damage arising from or connected with the special event; and
8. Provide and maintain a policy of $1,000,000 minimum liability
coverage (Manager may require additional coverage upon
determination by the City's Risk Manager that the event
warrants increased coverage); and
9. Provide in advance of the event, a security deposit of $50 per
100 persons or increment thereof, from which extraordinary
City expenses for maintenance, repair, or replacement arising
from the permittee's use of the facilities shall be deducted.
MINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAA 'Qp
JULY 27, 1993 T
1. CALL TO ORDER: M/Miller called the meeting to order at
7:00 p.m. in the Hearing Room of the AQMD, 21865 E. Copley
Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
ROLL CALL: Mayor Miller, Councilmen Forbing, Werner, and
MacBride. Mayor Pro Tem Papen arrived at 7:10 p.m.
Also present were Terrence L. Belanger, City Manager; James
DeStefano, Community Development Director; Deborah Hackman,
Consulting Attorney; and Lynda Burgess, City Clerk.
2. PUBLIC HEARING: CDD/DeStefano reported that this is the
eleventh public hearing held in order to consider adoption of
the 1993 General Plan. He gave a brief overview of the
process and substance of significant changes occurring in the
document. Following are major areas of significant change
incorporated within the 1993 General Plan: 1) a proposed
substantial reduction in buildout intensity throughout much of
the developed single family area by reflecting the land use
policy map to allow only that development that currently
exists in most of the single family area; 2) specific
language responding to environmental concerns, specifically
identifying SEA #15; 3) proactive statements regarding
regional traffic mitigation, and the need to work with other
agencies and jurisdictions toward common solutions and traffic
mitigation overall; 4) discussion of the need to consider an
environmentally -sensitive regional traffic by-pass corridor
outside of Tonner Canyon and the SEA on the easterly side of
the sphere of influence; and 5) the vision statement discusses
retention of the rural country characteristics of the
community, preservation of open space resources, need for
reduction of regional traffic impacts, promotion of commercial
activity, and overall, provide a well-maintained, attractive
community environment. Staff provided the City Council the
final draft General Plan dated July 27, 1993 containing the
comments and specific directions received. The professional
recommendation from the consulting team is that the MEA
document be utilized as baseline data and not included in the
General Plan. The FEIR certified for the previous General
Plan on July 14, 1992 identified all the significant
environmental effects of the 1992 General Plan. The changes
considered within the 1993 General Plan, while significant and
substantial, do not result in any new or more adverse impacts
not already considered within the previously certified FEIR.
Therefore, a draft addendum allowing minor modifications of
non -substantive issues to the EIR and the MEA was prepared in
accordance with CEQA for consideration in the adoption of the
1993 General Plan.
Dale Beland stated that there has been strong citizen partici-
pation providing input in the revision of the draft General
Plan. The consulting team felt that the issues brought for-
ward by those who participated were substantially responded to
JULY 27, 1993 PAGE 2
in the General Plan in a very significant way. He then
reviewed the following new material incorporated into the July
27, 1993 version of the General Plan: an attempt to add
additional wording, under item 4, page I-3, attempting to
maintain the thrust of the second paragraph while avoiding
some of the undue specificity; revision to the Land Use Map,
specifically the area in the extreme northwest of the City,
north of the freeway which has been revised to show a RLM
designation; the Housing Element responds to the advisory
numbers and statement of need of the Regional Housing Need
adopted by SCAG, which is 781 units, and has successfully
responded to the State mandate to show the ability to deal
with that definition of need by providing policies and
programs to work towards it achievement; the City's next
required Housing submittal will be delayed because there may
not be the numbers available through SCAG for some time due to
the funding shortfall, and because there is legislation
pending in Sacramento to shift the deadlines for the next
housing cycle to some time in July of 1995 or later; the Table
on page II -7 shows that 62% of the total 781 units are in the
moderate to upper income levels; table II -4 on page II -18
shows total vacant land acreage of 1,959 acres with a
theoretical buildout of 1900 units; the units developed, since
July of 1989, is 140, making the total of the theoretical
available for development of vacant land plus those developed
equal to 2,040 units; the Housing Opportunities Areas Map
figure II -1 on page II -19 shows where those areas are by unit
classification; the blanks on the top of page II -20 will be
filled with the numbers from table II -4 if and when the plan
is adopted; the reference on page II -28 shows that Diamond
Bar, with a population over 50,000, is now eligible for
entitlement status under Federal Department of Housing Urban
Development laws for direct funding under CDBG monies; page
II -30, Objective 2.1, makes explicit the objective to conserve
existing stock of assisted housing; page II -34, Objective 3.2,
addresses rehabilitation goals; in the Resource Management,
the wording for strategy 1.1.10 and 1.2.2 on page III -10 and
III -11 has been properly placed; there has not been any change
to the Public Health and Safety Element; the Circulation
Element, page V-5, responds to the need to include a statement
of intent on level of service standards; a reference to LOS
standards on the table have been eliminated on page V-14,
strategy 1.2.1; there have not been any changes made to the
Public Services and Facilities Element; and page V-14, of the
Circulation Element, strategy 1.1.9 has been deleted.
At C/Werner's request, Mr. Beland read strategy 1.1.9 and
explained that it was deleted per consensus of the Council at
the last meeting.
C/Werner suggested that Objective 3.2, page II -4, Housing
Element, be better worded to clarify that the City still
retains responsibility.
JULY 27, 1993 PAGE 3
Mr. Beland responded that the intent is to work within the
range of what are reasonable and feasible options, which staff
felt had been accomplished in objective 3.2.
C/MacBride, referring to page V-5, requested a definition of
the meaning of the sentence, "End points of the corridor would
incorporate value criteria..."
Mr. Beland stated that the sentence means that the end points
of the corridor would be defined based on environmental
sensitivity criteria.
C/Werner pointed out that the location in which these end
points are directed toward are of a regional characteristic as
well as environmental. If it is going to detour the regional
traffic away from D.B., it is going to be of benefit to the
local street system, thus the benefit is derived by the City.
Perhaps the sentence can be expanded to read, "End points of
the corridor would incorporate value criteria including
environmental sensitivity and regional benefit."
Mr. Beland stated that staff would develop the appropriate
language for the Council's consideration.
M/Miller opened the Public Hearing.
Gary Neely, 344 Canoe Cove Dr., requested that the word
"continuation" on page VI -3, Public Services and Facilities
Element, be changed to a resumption of the State-wide drought
could put severe restrictions on available water... for itself,
keep current on potential new sources or limitations and
reducing the cost of water," because there was some discussion
that the drought may be over.
The City Council, noting that this item was discussed at the
last meeting, concurred to accept this change.
Mr. Neely requested that staff insert language that would
allow the document to explain what the MEA is and where it is
located.
C/Werner, referring to the sentence "The City may wish to take
a proactive stance on securing additional water supplies for
itself and keeping current on potential new sources and
reducing the cost of water" on page VI -3, as referred to by
Mr. Neely, inquired what the City is doing to create
additional water supply since we are not a water purveyor.
The intent of this statement may be misconstrued by members of
the community.
Deborah Hackman stated that there are things that the City can
do that are within its powers, such as water conservation
ordinances., etc.
JULY 27, 1993 PAGE 4
Mr. Neely stated that his intent for the suggested language
was to encourage the City to voice its opinion in a proactive
manner to the Metropolitan Water District regarding the need
and usefulness of paying the Three Valleys Municipal Water
District $300,000 a year to read three meters, and to perhaps
change the system of water distribution.
M/Miller noted that there is a consensus of the Council that
the language is appropriate.
Mr. Neely requested that the statement "Alternative
potentially possibly includes a) no vote, b) a location east
of the Canyon outside of the SEA, and c) west of the Canyon
within the SEA next to existing residential uses" be
reinstated into strategy 1.1.4, on page V-13, Circulation
Element, and change the sentence before it to read,
"...linkage options through the sphere of influence area which
recognize prioritized environmental sensitivity and minimize
disruption SEA #15." This verbiage was a compromise made at
the subcommittee meeting, chaired by C/Werner, that was
acceptable to the majority. The intent of the three
alternatives was to frame the discussion for a future EIR.
CM/Belanger explained that the recommendation of attorney
Jenkins was to remove that statement and leave it as it is
currently worded. First of all, the statement is redundant
because it is a requirement of environmental law, at the
present time, to evaluate a variety of alternatives. It is
staff's recommendation and the attorney's recommendation, that
any alternatives that even suggest a roadway in Tonner Canyon
should not be a part of this document.
M/Miller noted that the statement, as written, indicates that
the City will work with adjacent jurisdictions in evaluating
an environmentally -sensitive regional transportation linkage.
This language recognizes and acknowledges the need to mitigate
the impact of traffic on this community, as well as acknowl-
edges the concerns of those dedicated to preserving SEA #15
and the environmental condition currently existing.
Mr. Neely expressed concern that the statement was omitted
after the subcommittee suggested the language following
discussion at great lengths at many meetings to come up with
a compromise. Whether the statement is redundant or not
should be of no concern.
CM/Belanger reiterated that, on the advice of counsel, any
encompassing language that could be interpreted to mean Tonner
Canyon should not be placed in the General Plan.
C/MacBride indicated that, based on the representation of
legal counsel, he would prefer to see the language remain as
it is currently worded.
JULY 27, 1993 PAGE 5
C/Werner stated that he would prefer that the language be
changed to go back to what was recommended by the
subcommittee.
M/Miller noted that it is the consensus of the Council to
leave the language as it is currently written.
M/Miller, in response to Mr. Neely's inquiry if it is the
intent of the Council to take out all references to Tonner
Canyon road, explained that it is the Council's intent to use
specific language that would not create the thought that the
City is planning a road that would go right through the most
sensitive environmental area of Tonner Canyon, as had been
expressed in the 1992 General Plan.
C/Werner indicated that, as chairman of the subcommittee, it
would have been appropriate for staff to inform him of these
legal issues.
Mr. Neely stated that he also wanted the statement on page V-
10 to be consistent with the suggested statement on page V-13
not approved by the Council.
Council agreed to not approve this proposed change.
Mr. Neely requested that the sentence, "In addition to
considering construction of an environmentally -sensitive
transportation corridor, encourage other improvements in the
regional roadway system such as ... [includes a list]", be
placed on page V-14 as strategy 1.1.9.
M/Miller pointed out that the strategy was deleted prior to
any public input.
MPT/Papen stated that there was a 4-1 consensus of the Council
to delete the statement.
C/Forbing pointing out that there is no reason to have
strategy 1.1.9 because the items on the list are either
already specified, presently under construction, or not within
Diamond Bar.
Mr. Neely stated that just because a projects are underway, or
do not immediately impact the City's boundaries, does not mean
the Council should not be encouraging their completion,
particularly since our traffic problems are regional in
nature, thus the solutions have to be regional.
C/Werner stated that he would prefer to put that item back
into the document.
M/Miller noted that it is the consensus of the Council to
leave it as is, with the deletion of strategy 1.1.9.
JULY 27, 1993 PAGE 6
Mr. Neely suggested that the words "where practical" be
removed from page III -10.
MPT/Papen, reading from the 3 page letter submitted by the
Diamond Bar Citizens to Protect Country Living that requested
that the road through an environmentally sensitive area not be
built at the expense of destroying any trees larger than 8
inches in diameter, designing the roadway around them, stated
that because of this type of request, the term "where
practical" is important and should remain.
M/Miller suggested that the sentence Develop a tree
preservation ordinance to preserve, where practical,
indigenous trees" be amended to read Develop an indigenous
tree preservation ordinance." retaining the second sentence.
Council agreed to direct staff to change the sentence as
indicated by M/Miller.
Mr. Neely suggested that the second line in the second
paragraph on page I-3, Potential Regional Impacts, be amended
to read "A proposal to locate potable and/or non -potable water
facilities..."
The Council concurred to make that suggested change.
Mr. Neely then suggested that page I-3, second paragraph, be
further amended to delete the word "and" following "...the
smallest ranch in Chino Hills and Diamond Bar", and amend the
following sentence to read "adjacent to the westerly border of
Diamond Bar, and a discussion regarding a regional bypass
roadway affecting the counties of Los Angles, Orange and San
Bernardino to be located in Tonner Canyon possibly connecting
the 60 freeway in the north to the 57 freeway in the south
along the easterly boundary of the City of Diamond Bar.
C/Forbing noted that the corridor is fully discussed in the
Circulation Element and need not be as specifically discussed
in the Land Use Element.
Dale Beland stated that the issue of the regional bypass
transportation corridor is primarily focused on circulation,
and the regional effects are amply discussed and well defined
in the Circulation Element. The language on page I-3 is a
focus on the land use aspect of regional impact, and the
context is appropriate as stated. However, the degree to
which issues are separated and placed in one Element or
another is a matter of judgement.
C/Werner pointed out that the suggested language is merely a
caution that if a road is put in that area, it would have the
potential to significantly impact land use in Diamond Bar.
C/MacBride stated that the reason he had originally suggested
JULY 27, 1993 1 PAGE 7
the language currently used was to address his concern that,
because the City does not live in a vacuum, it is important to
illustrate as many potential regional impacts as possible.
However, if such a statement is not advisable by the attorney,
he is willing to withdraw it.
CM/Belanger explained that a general statement of a regional
roadway bypass in terms of identifying regional issues is
acceptable. However, specific language as suggested by Mr.
Neely is not recommended.
C/Forbing suggested that the last line of the second paragraph
on page V-4, which reads "Regional peripheral corridor
providing access between Chino Hills Parkway and the SR57
freeway" be put into the paragraph on page I-3, which would
make the document internally agreeable.
CM/Belanger, in response to M/Miller, stated that the term
"Regional bypass corridor" would be acceptable.
The City Council concurred with the suggested language.
M/Miller suggested a nonbinding general map be placed
immediately following potential impacts" on page I-3
generally locating these topics in relationship to our
community. It is for no other reason but for reference.
C/Werner expressed concern that generally indicating a
location may become binding.
Deborah Hackman stated that future development needs to be
consistent with everything in the document. If there was a
map that specifically stated that something was to be in a
particular location and it doesn't go there, an amendment to
the General Plan would be needed.
CDD/DeStefano stated that, from a staff and consultant
perspective, the map is not needed. The potential regional
impacts discussion on page I-3 clearly states potential
projects and their locations, and there are a dozen maps in
the document with easy reference to utilize those maps to
determine the location of possible projects.
Mr. Neely requested that "map and/or deed restrictions or
dedications be inserted in strategy 1.5.3, page I-16, after
the word covenants in the first sentence and add the
sentence "Require a public hearing prior to any City action
which would change existing covenants, map and/or deed
restrictions, or dedications on open space lands" to the end
of the strategy.
C/Miller suggested that the strategy include verbiage that
specifically states that there should not only be a public
hearing but also an obvious community benefit to those
JULY 27, 1993 PAGE 8
changes. Since it is unlikely that the Council would approve
a change to the General Plan designation if there were not a
benefit, then there is nothing wrong with making it clear that
community benefit is the target.
MPT/Papen stated that since the land is already dedicated open
space either by a covenant, a deed restriction or a
dedication, there would have to be community benefit to remove
the dedication, thus she would concur that any changes to
those dedications would require a public hearing and must show
public benefit. However, she indicated that she would not
support adding the word "map" in either sentence.
C/Werner recalled that Michael Jenkins had indicated that
"map" and "deed" restriction is one and the same.
MPT/Papen expressed concern that, oftentimes, the public
considers the drawing and wording on blue prints as "map
restrictions. Restrictions should not be taken off of the
blueprints because it may be inconsistent with the deeds and
the titles to the property and the covenants and the
restrictions placed when the plan was approved. The word
"map" should not be used because it implies the drawing.
M/Miller noted that the Council has concurred to add the
sentence, "Require a public hearing prior to any City action
that would change existing covenants, restrictions or
dedication to an open space land. Any change to an open space
restriction would require a public hearing to demonstrate a
public benefit" to the end of strategy 1.5.3.
C/Werner stated that he felt that the Council does not have
all of the information on this decision at this point.
Mr. Neely stated that his last request, which was directly
related to whether or not the Council would agree to a map
restriction as defining open space, is moot at this time.
Don Schad requested that "Sandstone Canyon, upper Sycamore
Canyon and Tonner Canyon" be inserted to the bottom of page 15
following "vacant parcels."
MPT/Papen pointed out that there is a listing of vacant
properties in other sections of the General Plan. They do not
need to be spelled out.
There was a consensus of the Council to leave the document as
written.
Don Schad stated that "map restrictions" should be added to
page I-16, strategy 1.5.3.
M/Miller explained to Mr. Schad that the Council would like to
deal with issues that have not been discussed.
JULY 27, 1993 PAGE 9
Mr. Schad indicated that he had submitted his requests in
plenty of time to be considered by the Council.
MPT/Papen explained that there was not a consensus of the
Council regarding his suggestions, therefore, those
suggestions were not inserted into the document.
Mr. Schad requested that the words "...include in this
definition, i.e. Sandstone Canyon" to the bottom of strategy
1.5.3 page I-16.
M/Miller stated that the Council has already concurred that
the language in strategy 1.5.3 is to remain as written.
Mr. Schad requested that the words "where appropriate" be
removed from strategy 3.2.1, page I-20.
M/Miller noted that it is the consensus of the Council to
remove "where appropriate" from strategy 3.2.1.
Mr. Schad stated that the densities indicated on page II -21
should be lower as was recommended by GPAC.
MPT/Papen pointed out that medium density has been reduced
from 6-16 units to 5-12 units.
Mr. Schad stated that, because there have been many changes
made to the document, he is requesting additional time of at
least a week to allow the public sufficient time for
evaluation. He then requested that the sentence "Sandstone
Canyon, west of Brea Canyon Road between Pathfinder and Colima
starting to the south terminus of Rapid View" be added to
strategy 1.1.8, page III -10.
MPT/Papen pointed out that the City has not had any studies
that would identify where the prominent ridge is as indicated
in strategy 1.1.8. Not every ridge is considered a prominent
ridge and it would be inappropriate to name locations in the
community that has not had some kind of study.
CDD/DeStefano stated that the reason the strategy does not
refer to canyons specific to the interior of D.B. is because
it is referring to those hillside areas that are on the City's
periphery and to insure that the City works with adjacent
cities, county agencies and so forth on what occurs on those
hillsides.
Mr. Schad requested that strategy 1.1.10, page III -10 include
the implementation of Tree Ordinance 91-5 of March 2, 1992 to
further preserve our few remaining natural resources, to
include a time frame on its implementation.
M/Miller stated that the General Plan now includes a statement
to develop an indigenous Tree Preservation Ordinance. A time
JULY 27, 1993
PAGE 10
frame is not appropriate in the General Plan.
Mr. Schad requested that strategy 1.2.3 on page III -11 be
modified to read "May participate in an environmental
educational program in conjunction with our wilderness areas
and our local conservancies." One of the problems with the
schools is the difficulty with funding for special programs to
utilize these services.
C/MacBride suggested that it be pluralized to "programs" which
will open the door to all types of programs including
conservancies or another particular institutional effort.
MPT/Papen stated that she sees no problem with including
"environmental groups" to the strategy to read, "In
conjunction with environmental groups, the City may
participate in educational programs," so that it is not just
limited to schools.
The Council concurred to insert "environmental groups" to
strategy 1.2.3.
Mr. Schad suggested that a strategy 1.2.5 be added to page
III -2 to state "Preserve all natural creeks and springs."
M/Miller explained that blueline streams are handled through
the public process of the EIR.
CDD/DeStefano pointed out that strategy 1.1.6, on page III -1,
addresses Mr. Schad's concern by indicating "...the
preservation of mature trees, natural hydrology, native plant
material..."
Mr. Schad suggested that a nonbinding map be included
following strategy 1.3.3, page III -12, to identify the various
areas.
The Council concurred not to include such a map because it may
require a General Plan amendment if it is changed for whatever
reason.
M/Miller, in response to Don Schad's suggestion to add fire
sprinklers in wilderness areas on page III -13, explained that
it is a code requirement.
Mr. Schad stated that the color pull out map should designate
the RNP property as open space. He stated that the sound
levels shown in conjunction to Peterson Park and east of the
57 freeway between the 60 and Pathfinder is incorrect as
indicated on page V-15.
M/Miller requested staff to verify the sound levels.
Mr. Schad requested that strategy 1.1.4, on page V-13 not be
JULY 27, 1993
PAGE 11
deleted. He requested a 90 -day review period of the document.
He inquired exactly what constitutes the complete final
General Plan, and if it includes the MEA and EIR and other
attachments or exhibits. He also inquired when the complete
final copies of this General Plan will be made available to
the public, and if there will be an opportunity to proofread
the final document or to have public input for correctness.
He inquired if the City is going to resubmit all land use
approvals since August 10, 1992, the date of the referendum,
or if they will stand. It is not believed that the 1992
General Plan has been substantially changed in response to
public input and more public consideration is requested to
allow more time to read and study this document for a period
of 90 days. He then submitted his questions per CM/Belanger's
request.
CDD/DeStefano, noting that Mr. Schad commented that he did not
receive his copy of the General Plan until yesterday,
explained that staff, who usually hand -delivers Mr. Schad's
packet on Fridays, gave Mr. Maxwell Mr. Schad's copy when Mr.
Maxwell came in on Friday to pick up his copy of the packet.
Staff was appreciative of Mr. Maxwell's offer to deliver Mr.
Schad's packet because it saved staff a trip.
Nick Anis, 1125 Bramford Court, commented that the document
appears pro -environment more so than pro -development, as
indicated by some. He stated that he is disturbed by comments
of a lawsuit.
M/Miller requested that only specific items regarding language
within the General Plan be addressed at this time.
Barbara Beach-Courchesne made the following inquiries: how is
this General Plan substantially differs from the 1992 General
Plan; what specific documents constitute the General Plan; and
will this be a final proposed draft General Plan. She then
requested a 90 -day review period for the document. She stated
that the document should clearly state the City's plan to
develop or not to develop, on page 1, Introduction,
Preservation of Open Space Resources.
RECESS: M/Miller recessed the meeting at 9:20 p.m.
RECONVENE: M/Miller reconvened the meeting at 9:30 P.M.
Tom Van Winkle pointed out that the Noise Element is not
complete because it lacks existing noise contours. Many parts
of D.B. exceed the maximum 65 decibel level. The General Plan
does not include language that, if a development impacts noise
levels in an area, the noise level must be mitigated to a
level of comfort.
C/Forbing pointed out that strategy 1.10.4, on page IV -11,
states that, as part of the development code, adopt noise
JULY 27, 1993 PAGE 12
related development standards, and strategy 1.10.5 states to
encourage the reduction of existing noise problems within
existing development where adopted noise standards are being
reached or exceeded.
C/Werner inquired if the exclusion of an existing noise
contour map satisfies the requirement for a General Plan.
Dale Beland pointed out that page IV -4 has a description of
existing community noise levels. There is no doubt that the
significant noise source in this community is obviously trans-
portation corridors, existing freeway systems and arterial
highways. The description is a reasonable definition of
existing noise and is expressed in contours with measurement
from across the right-of-way, which conforms under the
requirements for that definition.
Todd Chavers, 600 Boxcove, referring to the deletion of
strategy 1.1.9, explained that the reason the verbiage was
suggested by the subcommittee was to provide a level of
comfort to people who were concerned about building new roads
until the possibilities of the old roads are exhausted. He
then stated that he concurred with the decision to relegate
LOS standards to EIR status because LOS in California have
changed in the past years and will continue to change over the
next couple of years. It is important that the City is able
to move along with regional and local authorities, making our
LOS criteria mesh with what's occurring around us. In order
to implement our ideas and move forward, a General Plan must
be adopted.
Wilbur Smith, 21630 Fair Wind Lane, noted that, though the
subcommittee tried to phrase statements in a way that was most
comfortable to everyone, there was a clear cut difference of
opinion regarding a road through Tonner Canyon. He stated
that he would prefer that no road goes through Tonner Canyon,
and therefore, he would not support trying to be more specific
about the location of a particular roadway. He then requested
some time to review the EIR.
James Roberts requested that the Resource Management Element
be amended to indicate that a portion of the City's sphere of
influence is considered a significant biological area due to
its wealth in biological and "environmental" resources,
including water and land. There should also be a definition
of an ecosystem. He then inquired what is meant by "passive
park" as indicated on page III -7.
CM/Belanger explained that a passive park is a developed park
that does not have any active recreational allowances as part
of its design.
Don Gravdahl, 23958 Minnequa, expressed support for the
General Plan as revised.
JULY 27, 1993 PAGE 13
Max Maxwell stated that he has not had time to review the
amendments to the General Plan and would like an extension of
time to review it and to provide further input.
MPT/Papen stated that she would like to give Mr. Maxwell an
opportunity to address, for the record, some of the issues
stated in the 33 page letter submitted to the City by the
Citizens of Diamond Bar to Protect Country Living,
particularly the following: new commercial or retail center
would not be approved until existing businesses are 95%
occupied; a moratorium would be placed on all future
development of single family dwellings and commercial
development in the City for 5 years or until the traffic is
reduced to a level C, whichever takes longer; and a moratorium
of 5 years will be placed in all residential commercial
development until traffic is reduced to level C or better on
major arterial roads such as Grand Ave. and Diamond Bar Blvd..
She asked Mr. Maxwell to discuss how these proposals will be
beneficial to the community and why the Citizens group is
supporting them.
Max Maxwell explained that a moratorium will draw a guarantee
to the citizens of D.B. that there will be a reduction in
traffic. There has been a lot of conflict in the City
regarding development, and it was felt that development should
be put on hold to first properly address issues of conflict
such as noise, what projects are approved, discretionary
issues, consideration for public.and City revenue, etc. There
is a concern that if the General Plan is approved, the South
Pointe Master Plan will go through as did nine other
developments before the City. Because many issues are
unresolved, we feel asking for a moratorium is justified. We
would appreciate a response from the City Council regarding
the idea, and a discussion regarding the actual number of
years for the moratorium. Since the City Council disapproved
90% of the suggestions made by the subcommittee addressing
traffic issues, a moratorium is the citizens, only guarantee.
MPT/Papen pointed out that if a moratorium was in place, there
would be no permits issued of any kind in the City, which
would include grading for the new Diamond Ranch High School.
A moratorium is no construction.
Max Maxwell, responding to the suggestion that new commercial
or retail centers would not be approved until existing
businesses are 95% occupied, explained that it is felt that
the 45% occupancy rate in commercial buildings in Southern
California for the last three to five years is acceptable.
The City should unite together to help these independent,
starving, businessmen to survive. A limit should be set on
these major corporations, which are drawing the traffic, and
drawing the people. New commercial development should be
encouraged in places such as the Gateway Corporate Center,
which is ideal for a restaurant row development because it is
JULY 27, 1993 PAGE 14
adjacent to the freeway, to keep the traffic out of our
streets.
C/Werner stated that he had thought that the request made by
the Citizens Group was not to allow any new development until
existing buildings are occupied 95%.
Max Maxwell stated that both the moratorium and the suggestion
to keep development at the Gateway Corporate Center are points
made in the 33 page letter submitted for the Council to
evaluate. None of these points have been discussed.
MPT/Papen requested Mr. Maxwell to comment on the following
suggestions made by the Citizen's Group regarding an
environmentally sensitive roadway: vehicles larger than a
small minivan would not be permitted to travel on this road;
a maximum speed limit of 35 m.p.h. would be maintained and
ticketed if traveled over 40 m.p.h.; no headlights would be
used at any time, and no lights would be installed along the
roadway; no smoking would be permitted on the roadway; time of
travel would be limited from 6:30 a.m. to 11:30 a.m.
southbound, closed from 11:30 a.m. to 2:30 p.m., and
northbound will be opened from 2:30 p.m. to 6:00 p.m.; a new
developer surcharge of $5,000 to $10,000 would be installed in
all residential buildings and proportionately larger on
commercial sites; and if there was an environmentally
sensitive roadway, that a payment of $50,000 would be made to
each home in "The Country" and Diamond Ridge that are in site
of the roadway for retribution for the depreciation in value
to the homes.
Max Maxwell explained that the Citizens Group felt that those
were the elements that were directed toward an environmentally
sensitive roadway, such as controlling travel during the day
time. All that is being asked is that the Council discuss the
suggestions made.
C/Werner explained that there were a lot of diverse opinions
stated during the subcommittee meetings, many of them radical
opinions. The Citizens Group's suggestions brought forth by
MPT/Papen are Mr. Maxwell's initial points of view that he
felt he had to express in those terms to get his point across.
Following dialogue at the group level, there was enough
balance from those attending the meeting to obtain a com-
promise from both points of views, the end result was pre-
sented to the Council. In regard to the moratorium and
occupancy issue, which was also discussed at subcommittee
meetings, he stated that, in his opinion, a moratorium does
not equate to preserving traffic levels but rather putting off
to a future date the inevitable development. Instead of a
moratorium, it would be better to put some effort into the
planning process so that the City can direct where development
is to occur, the density, and the kind of traffic components
needed to accommodate that future development.
JULY 27, 1993
PAGE 15
Tom Van Winkle stated that, in his opinion, not allowing new
development until there is a 95% occupancy rate is a healthy
way to begin to think. Many businesses are suffering
economically and more competition will only hurt them. He
then thanked the City for beginning to work with the
community.
Jack Kowtowski concurred with the concept of not letting the
development in the City help strip our ability to pay for the
services needed to sustain the type of living we have become
accustomed to.
With no further testimony offered, M/Miller closed the Public
Hearing.
M/Miller asked CDD/DeStefano to respond to a comment made by
Mr. Maxwell that he kept receiving copies of completely new
General Plans.
CDD/DeStefano explained that Mr. Maxwell and other citizens
and interested parties have received a complete packet, as
received also by the City Council, for every workshop and
public hearing since the process began in April of 1992. Mr.
Maxwell may be referring to the highlighted changes and the
specific addendum pages that have been discussed at public
meetings and referenced as upcoming and discussed at
subsequent meetings.
M/Miller requested staff to review the changes, item by item,
that have been proposed by Council based on input from the
audience.
Dale Beland stated that the document now explicitly eliminates
the MEA from the General Plan, per se, as indicated in page
20, Introduction.
C/Forbing stated that there was a request to include a
statement explaining where the MEA will be made available.
CDD/DeStefano indicated that there was not specific direction
from the City Council to move toward such a statement. Staff
can craft such language if the Council so chooses.
C/MacBride suggested the following sentence, "The MEA, subject
to revisions which assure occurrence and relevance, is a
public record available for public reference, review, and
study." The reason for putting the MEA to the side is because
that database has to be reviewed and changed constantly. If
it is in the General Plan, such changes and review would
require formal hearings. If it is on the side, the data base
remains of public record.
C/Werner suggested that it also be incorporated into a policy
that basically says that the City will comply with the
JULY 27, 1993 PAGE 16
requirements of CEQA.
CDD/DeStefano reviewed the recent changes to the proposed
General Plan as follows: the final paragraph, second line on
page I-3 would read "Recovery facility near the northwest
boundary of Diamond Bar, a proposal to locate a potable and/or
nonpotable water facilities and an institute of higher
education on the Tres Hermanos Ranch in Chino Hills and
Diamond Bar and potential development surrounding the new City
of Industry Metrolink station, rail facility adjacent to the
westerly border of Diamond Bar and a regional bypass
corridor"; add "any change in open space restriction will
require a public hearing and demonstrate public benefit" to
the final sentence of strategy 1.5.3 on page I-16; eliminate
the last two words "where appropriate" in strategy 3.2.1 on
page I-20; add "Develop an indigenous Tree Preservation
Ordinance." Natural vegetation is to be removed only as is
necessary to locate approved development and the construction
of needed infrastructure" to strategy 1.1.10 on page III -10;
amend strategy 1.2.2 on page III -11 to read "In conjunction
with local schools, environmental groups, and volunteers, the
City may participate in environmental education programs";
amend the last sentence of the third paragraph from the top,
on page V-5, to read, "End points of the corridor would be
defined in response to environmental sensitivity criteria and
regional benefit to the City of Diamond Bar"; and amend the
third paragraph from the bottom on page VI -3 to read,
"Although local water purveyors can adequately serve the area
in terms of facilities, a resumption of the State wide drought
could put severe restrictions on the availability of water.
The City may wish to take a proactive stance on securing
additional water supplies for itself, keep current on
potential new sources or limitations and reduce the costs of
water."
RECESS: M/Miller recessed the meeting to allow staff time
to draft the appropriate MEA language at 10:15 p.m.
RECONVENE: M/Miller reconvened the meeting at 10:28 p.m.
CDD/DeStefano reported that the City Council had also
requested staff to use new math to correct the Housing Element
table II -4, on page II -18: the total for Vacant Land is
1,959; the total for dwelling units is 1,905; the total for
units developed since July of 1989 is 140, and the unit total
is 2045.
Mr. Beland suggested the following language regarding the MEA
statement to appear in the line in the middle of page 20:
"The MEA, subject to revisions which assure currency and
adequacy, is a public record available as an environmental
database."
Deborah Hackman, responding to the question as to what
JULY 27, 1993 PAGE 17
constitutes the complete final General Plan, stated that the
General Plan includes the FEIR and addendum, as required by
the CEQA. An addendum is required because technical changes
and additions were required to the FEIR, which was certified
last year.
Mr. Beland stated that the Implementation of Mitigation
Monitoring Program document had also been introduced this
evening. The document had not had review because it is
basically a restatement of the strategies and policies from
the General Plan. Should the Council choose to adopt the
draft General Plan, the document called Implementation of
Mitigation Monitoring Program is available and ready, with
some obvious minor word changes as a result of any action
taken tonight.
CM/Belanger, in response to questions as to when final copies
of this General Plan document will be available to the public,
stated that with an ultimate adoption of a resolution that
adopts the General Plan, which consists of the policy document
itself attached to the Resolution, the FEIR and the addendum,
and the Implementation of Mitigation Monitoring Program, it
will be complete and available at the opening of business the
day after adoption.
Mr. Beland stated that, by law, a marked up copy of what was
acted upon by the Council must be available within 24 hours
following Council's adoption of a resolution adopting the
General Plan. The actual reproduction of a finished document
typically takes several days for obvious mechanical reasons.
CM/Belanger suggested that the City Council respond to the
question if there will be another chance to proofread the
final document and have public input for corrections that have
been discussed.
C/Werner, pointing out that there could invariably be errors
by staff given the nature of the work involved, suggested that
staff be given a reasonable time to put these items in final
form, bringing the final document back at the next Council
meeting for approval.
MPT/Papen expressed her opinion that the Council move forward
with the adoption. Staff is fully capable of taking the
listing of those pages that were changed and having the
document marked up and ready for public review tomorrow.
CM/Belancjer, in response to the question of whether the City
will resubmit all land use approvals since August 10, 1992 or
if the City will let them stand, stated that there is evidence
by the fact that the City has successfully defended itself
three times on this specific issue, that the City is not going
to resubmit all land use approvals since August 10, 1992. In
response to the statement that it is not believed that the
JULY 27, 1993 PAGE 18
1992 General Plan has been substantially changed, he stated
that staff will indicate to the City Council, as a part of the
Council's possible consideration of adopting the General Plan,
that it is in fact essentially a different document than that
which was repealed by the City Council in March of 1993, and
that there has been an extensive good faith effort to include
and involve the public in the preparation of the document.
CM/Belanger, in response to a question if the grey covered
version dated July 27, 1993 is the complete and final General
Plan, stated that, with the incorporation of those
modifications made this evening, the General Plan dated July
27, 1993 would be the complete document, along with the
environmental documentation.
CM/Belanger, in response to the question on when the
completely retyped final version of the General Plan will be
made available to the public, stated that the Attorney will
respond when the retyped final version versus the marked up
version, will be available. He then read the statement
submitted: "If the General Plan is adopted tonight, we will
submit to the City a request for a certified copy of the
resolution tomorrow, which is a document that we have to have
complete for referendum #2 and we will be on the street
Saturday and Sunday."
Deborah Hackman indicated that it will be ensured that the
typed version is completed in compliance with all laws.
Motion was made by C/Werner to hold the resolution over to the
next meeting and direct staff to assemble the documents for
final action.
Motion died for lack of a second.
C/Werner indicated that there is no question that the process
taken for the revision of the General Plan had been
substantive. However, the question is whether or not there
had been a substantial change to the General Plan document.
He suggested that the matter be held over for one more week so
that staff can quantify, perhaps in another column on a
matrix, those substantial changes made, other than the format
indicating strikeouts and additions made. Though the document
had been fined tuned considerably, there still remains items
that have not been included such as existing noise contours.
The General Plan process is an effort to build trust and
confidence. However, deleting the suggestions made by the
subcommittee, a diverse body of opinion, diminishes the
credibility, trust and confidence that the community has in
the Council. The community seems to feel that there has been
a lack of dialogue and debate at the City Council level to let
the community know that the issues raised have been considered
and debated, not just read.
JULY 27, 1993
PAGE 19
C/MacBride inquired if the database in the MEA would provide
the City with many of the answers to current noise levels.
CDD/DeStefano indicated that the information is contained
within the MEA and the EIR in terms of what is existing today
and what the projected impacts are for the three alternatives
considered in that document.
C/Werner suggested that an existing map be formulated from the
available data and put into the General Plan, showing the
existing contours.
C/MacBride stated that he is satisfied that the database has
the information for the City's reference. The City Council
concurred.
Deborah Hackman corrected the fifth line, page 2, of
Resolution 93-57, to delete the word "Agriculture" to be
replaced with "Specific Plan".
With no further testimony offered, M/Miller closed the Public
Hearing.
Motion was made by C/MacBride and seconded by C/Forbing to
adopt Resolution No. 93-57 entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR INCORPORATING RESOLUTION
NO. 92-43 BY REFERENCE AND CERTIFYING THE ADEQUACY OF THE
ADDENDUM TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT AND
MAKING FINDINGS THEREON PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AS AMENDED. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN: MacBride, Forbing, MPT/Papen, M/
Miller
NOES: COUNCILMEN: Werner
ABSENT: COUNCILMEN: None
Deborah Hackman corrected subsection 9, seventh line from the
bottom, page 2, of Resolution 93-58, to delete the word
"Agriculture" to be replaced with "Specific Plan."
Motion was made by C/MacBride and seconded by C/Forbing to
adopt Resolution No. 93-58 entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A GENERAL PLAN FOR
THE CITY OF DIAMOND BAR AS AMENDED. Motion carried by the
following Roll Call vote:
AYES: COUNCILMEN: MacBride, Forbing, MPT/Papen, M/
Miller
NOES: COUNCILMEN: Werner
ABSENT: COUNCILMEN: None
C/MacBride explained that he voted to adopt the General Plan
because he felt the document meets the requirements of law,
JULY 27, 1993
PAGE 20
that the "contenders" have successfully managed to encourage
map and text changes, that it is a unique document because it
acknowledges all active participants in the General Plan
process and has a vision statement, and that it addresses
economics in a fundamental fashion. The General Plan can be
amended appropriately.
C/Werner stated that he does not have any major disagreements
with the General Plan, and feels that the efforts made have
been significant. However, the City Council could have been
more prudent in holding the document over for one more week,
allowing staff to assemble the documents and address the noise
issue, thus not creating another issue for people in the
community to find fault with this document. He stated that he
had desired to approve the document, but found it impossible
to do so given that the Council could not be reasonable and
allow one more week. Hopefully, the Council will be receptive
to amendments to the General Plan.
MPT/Papen, addressing the issue of the moratorium brought up
by the Citizens of Diamond Bar to Protect Country Living,
stated that there is already a moratorium, called a
recession and it would not seem that the City needs to
impose an added burden on the economy for our community to
legislate a moratorium. The General Plan reflects the
attitude of this community, diverse as they may be.
M/Miller stated that there seems to be a part of all who
participated included in the document. There was a lot of
give and take in developing this General Plan.
ANNOUNCEMENTS: C/MacBride announced that Three Valleys Water
District would hold their final meeting on August 5, 1993 at 7:30
p.m. in Claremont regarding a possible $10.00 per parcel tax.
ADJOURNMENT: There being no further business to conduct, M/Miller
adjourned the meeting at 11:10 p.m.
ATTEST:
Mayor
LYNDA BURGESS, City Clerk
1.
2.
3.
MINUTES Or THE LAITY 00"wmSL DRAFT
REGULAR MEETING OF THE CITY COUNCIL
AUGUST 3, 1993
CLOSED SESSION: 5:00 P.M.
Litigation - Government Code 54956.9
Personnel - Government Code 54957.6
The City Attorney announced that no
reportable action had been taken.
CALL TO ORDER: Mayor Miller called the meeting to order
at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive,
Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Miller.
INVOCATION: The invocation was presented by Reverend Thad
King, Associate Paster, Church in the Valley.
ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Councilmen
Forbing, Werner and MacBride.
Also present were James DeStefano, Community Development
Director, acting City Manager; William P. Curley III,
Assistant City Attorney; Bob Rose, Community Services
Director; and Lynda Burgess, City Clerk.
SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.
3.1 Certificate of Appreciation to Diamond Bar Lion's Club -
M/Miller presented a Certificate of Appreciation to Paul
Keefer, representing the Diamond Bar Lion's Club, for the
Club's time and efforts in the construction and donation
of a stage for Concerts in the Park.
3.2 Introduction of Capt. Larry L. Waldie, L.A. County
Sheriff - New Walnut Station Commander - M/Miller
announced that Capt. Waldie was unable to attend and
would be invited to the next meeting.
4. SCHEDULE OF FUTURE EVENTS:
4.1 Concert in the Park - August 4, 1993 - 6:30 to 8:00 p.m.
- "Smokewood" Bluegrass/Country Combo - Sycamore Canyon
Park, 22930 Golden Springs Dr.
4.2 Planning Commission - August 9, 1993 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.3 Concert in the Park - August 11, 1993 - 6:30 to 8:00 p.m.
- "Jack Lantz Big Band" Orchestra/Big Band - Sycamore
Canyon Park, 22930 Golden Springs Dr.
4.4 Traffic & Transportation Commission - August 12, 1993 -
6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr.
4.5 City Council Meeting - August 17, 1993 - 6:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
4.6 Concert in the Park - August 18, 1993 - 6:30 - 8:00 p.m.
- "Rockadiles" 50's - 60's music - Sycamore Canyon Park,
22930 Golden Springs Dr.
AUGUST 3, 1993 PAGE 2
5. PUBLIC COMMENTS: James Roberts, 829 Silver Fir Rd., stated
that it is important to the democratic process to get people
to register to vote and be educated on community matters. He
then questioned a $1,700 expenditure for a cruise as indicated
on the Warrant Register.
AA/Fritzal explained that the event was for a Parks and
Recreation excursion called "Brunch upon a Boat", which was a
cruise around San Diego taken by approximately 32 residents.
The event was completed supported by fees paid by the
participants.
Clair Harmony, 24139 Afamado, regarding legal defense for the
$150 million dollar lawsuit against the City, inquired if the
City is properly insured, and if the City is paying for legal
services for both the City's part and for the proposed
separate defenses for Councilmembers Papen and Miller.
C/Werner suggested that item 7.4 of the Consent Calendar be
pulled to address Mr. Harmony's questions and those of others.
Don Gravdahl, 23988 Minnequa, encouraged the public to attend
the Three Valleys Water meeting scheduled August 5, 1993 at
7:30 p.m. in Claremont to discuss the proposed $10.00 per
parcel tax.
Martha Bruske requested further information regarding the
volunteer assisting the City in the installation or
modification of the computer system.
Michael Lowe, 1124 Cleghorn, expressed concern that elective
officials are not listening to the people, and are using
taxpayers money to fund their personal goals.
Ken Anderson, 2628 Rising Star Dr., referring to the
Resolution for the Hamburger Hamlet project, made the
following comments: the verbiage, on page 4.h., needs to
properly reflect access available from Cold Springs as well as
the access on Diamond Bar Blvd. and Fountain Springs; the
resolution does not address the center's current deficiency in
handicapped parking; page 5.i should indicate that the
location of the driveway on Fountain Springs should come in at
the midpoint of the Krikorian Theater; there should be some
acknowledgement regarding the public health and safety
concerns regarding alcohol; and the hours of operation were
not reduced even though the applicant acquiesced.
Kenneth Finney, representing Landsing Pacific and Hamburger
Hamlet, stated that they have several issues they would like
to comment on regarding item 7.3 of the Consent Calendar.
M/Miller stated that item 7.3 of the Consent Calendar would be
pulled to allow further discussion.
AUGUST 3, 1993 PAGE 3
Don Schad, 1824 Shaded Wood Road, stated that "Cal Paw 194,"
an initiative to preserve wildlife and wilderness areas
throughout the State, might provide sufficient funds to be
allocated to his conservancy or the City so that Sandstone
Canyon could be purchased and preserved. He expressed support
for Mr. Anderson's concern regarding the bar for the proposed
Hamburger Hamlet.
Red Calkins, 240 Eagle Nest Dr., stated that he enjoyed the
opportunity to ride the Metrolink line on June 17, 1993. He
thanked the Council for trying to put an end to the costly
General Plan fiasco.
Tom Ortiz, 3308 Hawkwood, commended the Sheriff Department for
its quick response to a burglary attempt in his neighborhood.
6. COUNCIL COMMENTS: C/MacBride, in response to Mr. Schad's
request, announced that the Three Valleys Water meeting is
scheduled August 5, 1993 at 7:30 p.m. at 3300 Padua,
Claremont, regarding the $10.00 per parcel tax. Petitions are
available if someone cannot attend the meeting. He expressed
concern regarding the curtailment of D.B.'s library services.
Hopefully, the City will be able to get volunteers to fill in
the additional time to keep the library open on its regular
schedule. He then asked staff to place, on the next possible
agenda, the issue regarding improvements made by property
owners on City owned property. He also stated that he is not
pleased with those gadflies that editorialize, make incom-
petent criticism and imply false information.
C/Forbing warned people who plan on hiking and camping in open
space areas to protect themselves appropriately against Lyme
disease. He announced that the Diamond Ranch High School
Booster Club is scheduling a groundbreaking ceremony at
Peterson Park on October 11, 1993 from 1:00 p.m. to 4:00 p.m.
The City will assist the Booster Club with financial land
organizational assistance.
C/Werner, concerned with the comments made by Mr. Lowe,
stated, for the record, that Mr. Lowe has been campaign
manager for numerous Councilmembers. He indicated his support
for the City to assist the Booster Club in the groundbreaking
ceremony and to help fund the event with $5,000 if needed.
MPT/Papen stated that she was told by the School District
Superintendent's Office that this groundbreaking is not the
official groundbreaking for Diamond Ranch High School. It is
not an authorized school function but a function of a Booster
Club being held three weeks before School Board and City
Council elections. She asked who authorized expenditure of
$5,000 for an unauthorized school event and one not funded in
the City budget. The School District will have an official
groundbreaking on the site next spring. In regard to a
possible second referendum which is emphasizing the preser-
AUGUST 3, 1993 PAGE 4
vation of Sandstone Canyon, MPT/Papen pointed out that it will
cost the City $12.5 million dollars to purchase Sandstone
Canyon, and signing a petition to save the canyon is a vote to
have everyone's taxes raised between $1,200 and $1,500 dollars
to purchase that property and to build the road from Brea
Canyon to the new School site. Also, since this property has
development rights, any denial of those rights by the Council
or through referendum would be considered by the Supreme Court
as a "taking of the land" which the City would have to pay
for. She then announced that the 1994-1997 Call For Projects
by the L.A. County Metropolitan Transportation Authority was
approved which included the three car pool lane projects in
Diamond Bar on the 57 freeway to the Orange County line, on
the 60 freeway to the San Bernardino County line, and then
through the interchange over to the other side of Brea Canyon
Road, totaling about $55 million dollars. She also reported
that CalTrans has completed an environmental study and pre-
pared a negative declaration and environmental assessment for
the proposed widening of the SR57 and 60 fwys. to provide
carpool lanes through the community. A Public Hearing will be
held August 19, 1993 at the AQMD from 6:00 to 8:00 p.m.
M/Miller, responding to Martha Bruske's inquiry, explained
that a system called "City on Line" is being set up at City
Hall that will allow the community to access City Hall
directly through the computer system. The individual who is
voluntarily helping the City is Mr. Nick Anis. The new system
being set up does not cost the City anything, and is being
supervised under the City Manager and staff.
7. CONSENT CALENDAR: Motion was made by C/MacBride and
seconded by C/Werner to approve the Consent Calendar, with the
exception of items 7.3 and 7.4. Motion carried unanimously by
the following Roll Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/Papen
M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
7.1 WARRANT REGISTER - Approved the Warrant Register dated
August 3, 1993 in the amount of $749,203.19.
7.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES
- regular Meeting of June 24, 1993.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
7.3 RESOLUTION NO. 93-59: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR DENYING AN APPEAL AND
SUSTAINING THE PLANNING COMMISSION APPROVAL OF
CONDITIONAL USE PERMIT NO. 91-12(1) (AMENDING
CONDITIONAL USE PERMIT NO 91-12) AND DEVELOPMENT REVIEW
NO. 93-2, AN APPLICATION TO CONSTRUCT A RESTAURANT WITH
AUGUST 3, 1993 PAGE 5
A LOUNGE/BAR AND PATIO DINING, AND MITIGATED NEGATIVE
DECLARATION NO. 93-6 LOCATED AT 2757 S. DIAMOND BAR
BOULEVARD - CDD/DeStefano suggested that it may be
appropriate to have all issues presented in order to
determine if those issues could be resolved this
evening or if more time is needed. The Public Hearing
was closed at the last meeting, but the Council has the
discretion to allow additional public testimony deemed
appropriate to make a decision.
Kenneth Finney commented on the following conditions
proposed in the draft resolution: the last sentence in
condition 5(d). should be modified to read "...a
reasonable time to complete their orders" because food
and beverages are provided by the restaurant; insert
the words "the current" in front of "Fountain Springs
Road driveway"; in condition (j), indicate that the
current location is acceptable because the CUP referred
later in the document has a provision that provides for
the driveway to be slightly to the west from its
current location; change condition (q) to read
"Applicant and property owner shall encourage its
employees to park at the rear of the shopping center"
to make it consistent with the Parking Management Plan
provided for in condition (p); condition (r) should be
clarified to indicate that the parties responsible for
complying with those conditions are the parties
specified in the CUP 87-0021 and not the Applicant,
Hamburger Hamlet; and clarify in condition (s) that the
obligation with regard to contamination is the property
owner's and the party who caused the contamination, not
the lessee.
Sherrod Marshall, the architect for Hamburger Hamlet,
stated Mr. Finney had presented the pertinent issues.
RECESS: M/Miller recessed the meeting at 8:15 p.m. in
order to adjust the microphone speakers, and to
allow staff to discuss with Mr. Anderson his
concerns.
RECONVENE: M/Miller reconvened the meeting at 8:20 p.m.
CDD/DeStefano stated that the issue discussed with Mr.
Anderson particularly concerns the location of the
driveway along Fountain Springs. Mr. Anderson feels
that the driveway is required to be relocated generally
at the midpoint of the wall on the north face of the
theater, pursuant to the condition approved by L.A.
County in the mid -1980'x. However, staff felt that the
driveway is most appropriately located where it is
today, as was approved through the subsequent plan
check and construction permitting process of L.A.
County. In regard to the items discussed by Mr.
AUGUST 3, 1993 PAGE 6
Finney, staff is in general concurrence with most of
the requests.
ACA/Curley stated that staff has no objection to the
amendment made to condition 5(d), (j), and (q). In
regard to condition (r), the Council could add language
to the effect "Pursuant to the terms, and duties and
conditions of the original approval," to clarify, for
the comfort of the Applicant, that the parties
responsible for complying with those conditions are the
parties specified in that CUP 87-0021 and not the
Applicant, Hamburger Hamlet. In regard to condition
(s), he suggested that, as an alternative, add the
language, "to the extent provided for by law, the
Applicant and property owner would read the same" for
the remediation process, thus giving the Applicant, if
they truly have no legal obligation whether by contract
or statute, to participate in remediation or any other
site cleanup or to opt out. The City should not want
to presume a full lack of legal responsibility without
knowing all the facts and details of the relationship
on the site.
MPT/Papen requested that the phrase, "This change will
be made to the specification of the City Engineer prior
to the issuance of a certificate of occupancy for the
restaurant", be added to the end of condition (i)
requiring the Applicant to provide a sidewalk at
Fountain Springs Road.
C/Werner asked if there would be any reason why the
Applicant would not be able to construct and enforce
the parking, as was indicated in condition (q).
ACA/Curley stated that it is most probable that the
Applicant's corporate structure would have that type of
personnel regulation ability for designated parking.
Staff felt that the suggested language was suitable,
assuming that their encouragement would be rather
vigorous to assure that their patrons would have the
easiest access.
CDD/DeStefano pointed out that condition (p), which
discussed the Parking Management Plan and must be
submitted to the City within 6 months, would also
incorporate the activities discussed in terms of
encouraging employees and customers to park in the
rear.
Sherrod Marshall expressed concern that language in
condition (s) engages the applicant in the remediation
of soils condition. If the applicant, Hamburger
Hamlet, is to be indicated in the condition, then every
renter in the center should also be in this section
AUGUST 3, 1993
PAGE 7
since every renter is, in effect, an applicant.
ACA/Curley stated that, in his opinion, it is doubtful
that this condition's presence or non -presence would
ultimately alter any legal responsibility. The
presence of this condition is to mainly give awareness
to the circumstances.
MPT/Papen indicated that she felt that the word
"Applicant" should be removed from the condition. The
City Council concurred.
Ken Anderson reiterated that the location of the
driveway is supposed to be on the midpoint on the north
face of the theater, as indicated in the CUP for the
Krikorian theater.
M/Miller inquired if it was the intent of the City
Council, through this Resolution, to require specific
wording that would have this driveway moved.
The City Council concurred that such a direction was
not to their understanding.
Mark Wyman, Landsing Pacific Fund, stated that they
have concluded, upon review of their obligations as
property owners, to comply with the condition relating
to the location of the driveway that arose from the
Krikorian theater CUP, that the driveway is most
appropriately located where it is today, as was
approved through the subsequent plan check and
construction permitting process of L.A. County. He
presented slides of the Krikorian theater, indicating
the approximate location of the driveway as referred to
in the subject CUP. The driveway location was changed
to allow for traffic to circulate in a circular motion.
He then illustrated that changing the driveway location
as proposed by Mr. Anderson would render the Speedee
location useless, and eliminate parking spaces in the
immediate location. He requested that the Council
accept the amended language and live by the CUP as it
currently exists.
Motion was made by MPT/Papen and seconded by C/Forbing
to adopt Resolution 93-59 as amended, denying an appeal
and sustaining the Planning Commission's approval of
CUP No. 91-12 (1) and Development Review No. 93-2.
Motion carried unanimously by the following Roll Call
vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AUGUST 3, 1993 PAGE 8
7.4 LEGAL SERVICES RE: DIAMOND BAR ASSOCIATES, INC. V. CITY
OF DIAMOND BAR, ET AL - CA/Curley reported that state law
provides that employees, including Councilmembers and
other appointed or elected officials, have a right to
receive defense and indemnification from the City in
regard to matters that may arise in the course and scope
of their activity in the City. Information was received
that M/Miller and MPT/Papen have been implicated in
litigation with Diamond Bar Associates, and in exercise
of their rights to defense and indemnification, those
Councilmembers have requested the provision of that same
defense and indemnity that is before the Council for
consideration. Structurally, the right to receive
defense and indemnification from the City applies to both
present employees, Councilmembers and other appointed or
elected officials, and past officials. The ultimate cost
of the suit will depend on the nature of the suit. There
are three different ways of providing defense: 1) by the
office of the City Attorney; 2 ) by special counsel; or 3 )
by using an insurance policy of some sort that provides
defense. It is the prerogative of the party to request
the type of service desired.
Max Maxwell stated that to his understanding, there are
two separate lawsuits, one is against the entire Council
for their decision regarding the development of Tract
47850, and the other one, which came in later, is an
isolated suit against two Councilmembers which seems to
involve a personal act that is not a City obligation.
The Council should make a decision that, if M/Miller and
MPT/Papen are found guilty for coercion having nothing to
do with the decision on the project, they be required to
put up a bond to guarantee the reimbursement to the City
the amount of attorney fees expended by the City.
Barbara Beach-Courchesne concurred with the statements
made by Mr. Maxwell.
C/Forbing pointed out that it is unreasonable to expect
elected officials to put up personal assets to cover
themselves for any actions taken on an issue. The suit
alleges that M/Miller and MPT/Papen voted, in a Council
position on a Council item, coerced the other three
Councilmembers and the full staff into changing their
votes. For the Council not to pay for the defense of the
entire law suit is a ludicrous suggestion.
MPT/Papen pointed out that there would be not be a
lawsuit. had the Council voted to approve the project.
However, the project was denied for public safety reasons
because six different areas of soil and geotechnical
issues were not resolved, even after they were given six
additional months to resolve them. It is serious when a
developer feels that they can intimidate a City Council
AUGUST 3, 1993 PAGE 9
to change their vote on an issue with a threat of a
lawsuit. She stated that no gains have been made
personally or politically.
M/Miller stated that the facts about the litigation is a
matter of evidence in the defense of the lawsuit. There
is absolutely no evidence presented that anything was
done wrong.
C/Werner stated that the Government Code is quite
specific regarding the rights to legal defense. It is
not fitting for decision makers to be placed in a
position to be intimidated. Anyone can come forward and
make allegations. It must be remembered that all the
facts have not yet been presented.
Motion was made by C/MacBride and seconded by C/Forbing
pursuant to California Government Code Sections 825 and
995 for the City to defend and indemnify M/Miller and
MPT/Papen in litigation entitled Diamond Bar Associates,
Inc., v. City of Diamond Bar, et al. Motion carried by
the following Roll Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner
NOES: COUNCILMEN: None
ABSTAIN: COUNCILMEN: MPT/Papen, M/Miller
ABSENT: COUNCILMEN: None
8. OLD BUSINESS:
8.1 GOLDEN SPRINGS DR. RECONSTRUCTION/REHABILITATION PROJECT
BETWEEN BREA CANYON RD. AND GRAND AVE. - SE/Liu reported
that the City Council, on June 15, 1993, authorized staff
to advertise for bids for the Golden Springs Dr.
Reconstruction/Rehabilitation Project between Brea Canyon
Rd. and Grand Ave. Based on bids received, it appears
more cost effective to utilize rubberized asphalt for
this project. He recommended that the City Council award
a contract to IPS Services, Inc., the lowest responsible
bidder, in an amount not to exceed $683,618.55 with a
contingency of $68,000.
Michael Lowe, 1124 Cleghorn, expressed support for the
rubberized asphalt because it recycles used tires and
helps diminish wear and tear from traffic and the over
use of water on the landscaping.
Motion was made by C/Forbing and seconded by MPT/Papen to
award a contract to IPS Services, Inc. in the amount not
to exceed $683,618.55 and provide a contingency of
$68,000. Motion carried unanimously by the following
Roll Call vote:
AUGUST 3, 1993 PAGE 10
AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
9. NEW BUSINESS:
9.1 RESOLUTION NO. 93-60: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS
AND SPECIFICATIONS FOR WEED ABATEMENT/SIDEWALK AND
PARKWAY MAINTENANCE IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK ADVERTISE TO RECEIVE
BIDS - CSD/Rose reported that the City currently
has an agreement with the County to provide for
weed abatement, sidewalk and parkway maintenance
along major thoroughfares. However, due to recent
budget cutbacks and hiring freezes experienced by
the County, they are not able to provide the level
of service expected by the City. Bid specifica-
tions are intended to secure a contractor to
provide weed abatement and related services for the
City in a satisfactory and cost effective manner.
He recommended that the City Council approve
specifications for Weed Abatement/Sidewalk and
Parkway Maintenance and direct the City Clerk to
advertise for and receive bids.
CSD/Rose, in response to C/MacBride, confirmed that
staff feels that the City can receive this service
for approximately $60,000, which was an estimated
amount received by one contractor, for the same
service the City has paid L. A. County over
$145,000.
Martha Bruske suggested that the contract also
include the service of cleaning the drains at the
sidewalk levels because they accumulate a lot of
debris.
Motion was made by C/Werner and seconded by
C/MacBride to adopt Resolution No. 93-60 approving
plans and specifications for Weed Abatement/
Sidewalk and Parkway Maintenance and direct the
City Clerk to advertise for and receive bids.
Motion carried unanimously by the following Roll
Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner,
MPT/Papen, M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
9.2 RESOLUTION NO. 93-61: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
AUGUST 3, 1993 PAGE 11
SUMMARY VACATION/WITH RESERVATIONS OF A PORTION OF
A RIGHT-OF-WAY IN THE PROXIMITY OF THE INTERSECTION
OF BREA CANYON ROAD AND LYCOMING STREET - M/Miller
stated he would abstain from discussion of this
item because of a potential conflict of interest.
SE/Liu reported that the City received an offer
from the Duze Company to purchase a narrow strip of
land located on Brea Canyon Road south of Lycoming
St. with the intention of providing additional
parking. An appraisal update places a value on
this particular strip of land at $16,000. Based on
the site, shape and location, the only possible
user of that property would be the City or Mr.
Duze, and staff feels that there is no longer the
necessity to utilize this strip as a public right-
of-way. He recommended that the Council approve
the sale of vacant land located at the southwest
corner of Brea Canyon Road and Lycoming St. to the
Duze Company for $10,000.
C/Werner suggested that it would be appropriate if
lots 23 & 24, which have a sliver of property, be
attached to those respective properties on North
Hampton. He inquired if there has been proper
notice of the release of surplus property.
ACA/Curley stated that the City is, in essence,
vacating an easement, which isn't the classic
surplus property distribution that would have to go
through the normal chain of offer to other
entities.
SE/Liu stated that a title search had been
conducted and staff notified and received responses
from all the utility companies. Staff contacted
the adjacent property owners and apprised them of
the situation, as well as provided notices to them.
The City has the fee interest for this particular
strip of land.
ACA/Curley stated that, from the understanding of
the history and nuances involved, the City
Attorney's office is fully satisfied with pro-
cedures that followed to dispose of this sliver of
property. Since SE/Liu represented that the
adjoining property owners were contacted and
apprised of the situation, and that they had
expressed no interest, then the City's level of
notice to them was satisfied. However, a
conservative approach would be to get a signed
disclaimer from those adjacent properties
indicating that the City has no interest in this
action.
AUGUST 3, 1993
PAGE 12
C/Werner stated that he would prefer it if the City
obtained a written disclaimer. MPT/Papen
concurred.
Motion was made by C/Forbing and seconded by
C/MacBride to adopt Resolution 93-61 approving the
sale of vacant land located at the southwest corner
of Brea Canyon Road and Lycoming St. to the Duze
Company for $10,000, with the instruction to staff
to acquire written disclaimers from the adjacent
property owners prior to completing the contract.
Motion carried by the following Roll Call vote:
AYES:
COUNCILMEN:
Forbing, MacBride, Werner,
MPT/Papen
NOES:
COUNCILMEN:
None
ABSTAIN:
COUNCILMEN:
M/MILLER
ABSENT:
COUNCILMEN:
None
9.3 HERITAGE PARK WATER SERVICE - AA/Fritzal reported that,
due to the construction of the Heritage Park Community
Center, the Walnut Valley Water District is requiring a
water main extension to be constructed on Brea Canyon
Road between Cold Canyon and Cool Canyon. Included as a
part of the water line extension, the placement of a fire
hydrant will be constructed in front of Heritage Park to
maintain the water flow required for the fire hydrant.
The Water District will be designing and managing the
project. She recommended that the City Council approve
the allocation of $50,350.48 for the installation of the
Brea Canyon Road water line extension and Heritage Park
fire hydrant and direct the City Manager to issue a
purchase order.
Motion was made by C/MacBride and seconded by C/Forbing
to approve the allocation of $50,350.48 for the
installation of the Brea Canyon Road water line extension
and Heritage Park fire hydrant and direct the City
Manager to issue a purchase order. Motion carried
unanimously by the following Roll Call vote:
AYES: COUNCILMEN: Forbing, MacBride, Werner, MPT/
Papen, M/Miller
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
9.4 ORDINANCE NO. 04(1993): AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR REPEALING IN ITS ENTIRETY,
CHAPTER 13.05 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE
AS HERETOFORE ADOPTED AND ESTABLISHING NEW REQUIREMENTS
AND STANDARDS RELATING TO PUBLIC SAFETY ALARM SYSTEMS -
ACM/Butzlaff reported that alarm systems are prone to
activation by electrical failures or other events having
no connection with criminal activity, which wastes many
AUGUST 3, 1993 PAGE 13
hours of valuable police time each year in responding to
these false alarms and deprives those with genuine
emergencies from getting needed assistance, placing law
enforcement and other safety personnel at great risk.
From June of 1992 through May of 1993, the City had 3,080
burglary alarms reported in the City, representing 2,977
manhours at a cost to the City of over $223,000. The
City presently relies upon Chapter 13.05 of Title 13 of
County Code regulating public safety alarms. The
existing Code does not allow the City to recover any
costs associated with false alarms. Most cities have a
distinct ordinance that provides for the collection of
fees for costs incurred due to repeated false alarms.
Staff believes that each alarm owner should be allowed
one false alarm, without charge, in a 12 month period,
that a service charge be assessed to any alarm owner
whose alarm system generates two or more false alarms in
a 12 month period, and any alarm owner who has five or
more false alarms in a 12 month period would be deemed a
misdemeanor punishable upon conviction by a $1,000 fine,
or 6 months in jail or both. He recommended that the
Council approve for first reading by title only and waive
full reading of Ordinance No. 04(1993) repealing Chapter
13.05 of Title 13 of Los Angeles County Code. He further
recommended that the Council direct staff to prepare the
appropriate fee resolution establishing a service charge
for maintaining a public nuisance alarm, and set the
prescribed Public Hearing for a future City Council
meeting for adoption.
In response to C/MacBride's questions, ACM/Butzlaff
answered, as follows: section 2.0, "No person shall use
any alarm system which is equipped with a direct dial
device... automatically dials any telephone number in any
office of the Sheriff", is a standard statement used in
most cities; section 3.0, third line "Shall provide to
the Sheriff the data required", is a new requirement
which is not in the existing County provisions; section
6.0 "A person shall not knowingly turn in a report of a
false alarm" refers to a report that there is an audible
alarm in process when there actually isn't; and section
7.0, second line "Upon request by the Sheriff" provides
some administrative discretion on the Sheriff Department
to determine if a report is needed based upon a repair
rather than having alarm owners provide reports which may
burden the Sheriff Department with a lot of paperwork.
C/MacBride, referring to section 9.(c), last sentence,
"Within 10 days of receipt of written evidence from an
alarm owner, the Sheriff shall render a decision which
decision shall be final", inquired if there is a need to
allow an opportunity for adversarial presentation before
a decision is made.
AUGUST 3, 1993
PAGE 14
ACA/Curley explained that section 9. (c) is a tally of
all the false alarms, thus leading up to section (d) when
those false alarms aggregate to become a nuisance.
ACM/Butzlaff pointed out that there is an appeal process
in section 10 if the person having the 5 or more false
alarms feels that the decision is inaccurate or needs to
be appealed.
C/MacBride, referring to section 14.0, bottom paragraph,
inquired if those people with alarms should be directly
notified of the ordinance, if there is a list available
of those people with alarm systems.
ACM/Butzlaff stated that staff has indicated a desire to
notify the community of this ordinance either through the
Chamber of Commerce newsletter or the City's community
newsletter.
Sgt. Luter explained that there is no requirement for any
homeowner or business to notify anyone if they should
decide to install an alarm system. Some notification of
the ordinance to most owners of alarm systems will occur
right after the first false alarm.
ACM/Butzlaff, in response to M/Miller, stated that
section 9. (d) provides for some discretionary authority
of the Sheriff Department to determine whether an alarm
was false or not, taking into account extenuating
circumstances.
M/Miller, concerned that the ordinance is too severe by
only allowing 1 false alarm without a fee, suggested that
the ordinance be amended to allow for a more graduated
fee assessment for repeated false alarms. The matrix
indicates that most cities allow 4 false alarms in twelve
months before a fine is assessed, usually at a cost from
of $25.00 to $40.00. The alarm could be set off by a
mouse, or accidentally by the owner, or by natural
disasters. He also expressed concern that section 9.(d)
indicates that it is a misdemeanor if an alarm system is
not registered.
MPT/Papen stated that, since service calls cost the City
$72.50, which does not allow for recouping such costs as
processing and tracking, she does not object to the
$125.00 fee. However, she stated that she would agree
with increasing the warnings to 2, with a fine on the
third false alarm.
C/Werner stated that he concurs with a graduated fee
assessment for repeated false alarms, with the first
threshold being three false alarms. He suggested that
section 9(d), which indicates that after 5 false alarms,
AUGUST 3, 1993 PAGE 15
the Sheriff Department has the authority to order an
alarm system disconnected, should be written in a more
positive fashion to resolve the circumstances causing the
false alarms rather than disconnecting the system.
C/Forbing suggested that section 9.(a) be changed to read
that "Any alarm systems which generates three or more
false alarms..." There is usually a problem that needs
to be fixed after the occurrence of a third false alarm.
The Council concurred.
ACM/Butzlaff, in response to C/Werner's concern regarding
section 9.(d), explained that a concern was expressed by
the Sheriff Department that they would have no authority
to disconnect a system and could be held liable if a
burglary occurred after asking the alarm owner to
disconnect their alarm. However, the City Attorney did
indicate that such language was appropriate in the
ordinance.
Lte. Henson confirmed the Sheriff Department's concern.
MPT/Papen suggested that section 9.(d) be removed. The
Council concurred.
ACM/Butzlaff, in response to C/Werner, stated that staff
had not received any correspondence or communication from
any alarm owners or alarm companies relative to the
ordinance. The ordinance is fairly standard, allowing
for the same provisions used by other cities, except for
differing fees.
MPT/Papen, in response to M/Miller's concern, explained
that Section 10 is an appeal process allowing the owner
to appeal the decision of the Sheriff.
ACA/Curley pointed out that this appeal applies only to
section 9(d) which was just removed per Council's
direction. If section 9(d) is removed, then section 10
should be removed as well.
MPT/Papen then referred to section 9.(c) which allows for
the alarm owner to present written evidence to the
Sheriff that the alarm response in question was not in
fact a false alarm, and that there was a justifiable
reason for the activization of the alarm.
Lte. Henson suggested that it would be easier for the
Sheriff's Department to report a false alarm if the
Council determines specifically what a false alarm is.
ACA/Curley pointed out that the definition set forth in
the proposed ordinance in section 1.(e) indicates that a
nonfalse alarm is an emergency situation, or one where
AUGUST 3, 1993
PAGE 16
the signal was activated by violent conditions of nature,
or other extraordinary circumstances not subject to
control of the alarm owner. Obviously, there is some
discretion as to what is considered to be an extra-
ordinary circumstance. Section 9 (c), which indicates
that the sheriff will notify the person who had the false
alarm, and within 10 days that person can contest that
determination, and then the sheriff has another 10 days
after that contest of the facts to make that determin-
ation, gives that intermediate discretionary level of
determining what is or is not a false alarm.
Martha Bruske expressed support for charging a high fee
if people do not take care of their equipment, thus
making the Sheriff respond to a false alarm.
Motion was made by MPT/Papen and seconded by C/MacBride
to approve for first reading by title only and waive full
reading of Ordinance No. 04(1993) entitled: AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING
IN ITS ENTIRETY, CHAPTER 13.05 OF TITLE 13 OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
ESTABLISHING NEW REQUIREMENTS AND STANDARDS RELATING TO
PUBLIC SAFETY ALARM SYSTEMS. Motion carried unanimously
by the following Roll Call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Forbing, MacBride,
Papen, M/Miller
None
None
Werner, MPT/
10. ANNOUNCEMENTS: None offered.
11. ADJOURNMENT: With no further business to conduct,
M/Miller adjourned the meeting at 9:23 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: Mayor Pro Tea Pa and Councilmember Forbing
FROM: Linda G. Magnuson, Accounting Manager
SUBJECT: Voucher Register, September 7, 1993
DATE: September 2, 1993
Attached is the Voucher Register dated September 7, 1993. As
requested, the Finance Department is submitting the voucher
register for the Finance Committee's review and approval prior to
its entry on the Consent Calender.
The checks will be produced after any recommendations and the final
approval is received.
Please review and sign the attached.
11
e,
CITY OF DIAMOND BAR
VOUCHER REGISTER APPROVAL
The attached listing of vouchers dated September 7, 1993 has been
audited approved and is recommended for payment. Payments are
hereby allowed from the following funds in these amounts:
WIKKMU• P • "3 •
001
General Fund
112
Prop A Transit Fund
118
Air Quality Imp Fund
125
CDBG Fund
138
LLAD #38 Fund
139
LLAD #f39 Fund
141
LLAD #41 Fund
250
CIP Fund
TOTAL ALL FUNDS
APPROVED BY:
f � �
Linda G. Magn soi
Accounting Manager
$558,159.37
4,845.00
1,600.29
4,070.00
8,122.57
14,845.01
1,352.41
866.25
$593,860.90
Phyl is E. Papen
Mayor Pro Tem
errence L. Belanger n A. Forbing
City Manager Councilmember
CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Honorable Mayor and City Council
MEETING DATE: September 7, 19930e� REPORT DATE: August 31, 1993
FROM: Linda G. Magnuson, Accounting Manager
TITLE:
Treasurer's Report - July 31, 1993
SUMMARY:
Submitted for Council's review and approval is the Treasurer's Statement for
the month of July 1993.
RECOMMENDATION:
Review and approve.
LIST OF ATTACHMENTS:
X Staff Report
Resolution(s)
_ Ordinances(s)
_ Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
Public Hearing Notification
_ Bid Spec. (on file in City Clerk's Office)
Other
1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed? _, Yes No
4. Has the report been reviewed by a Commission? _ YesX No
Which Commission?
5. Are other departments affected by the report? _ Yes No
Report discussed with the following affected departments:
REVIEWED BY:
Ter ence L. Alanger Linda G. M son
City Manager Accounting M nager
AGENDA NO.
MEETING DATE: September 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Treasurer's Statement - July 31, 1993
ISSUE STATEMENT:
Per City policy, the Finance department presents the monthly Treasurer's
Statement for the City Council's review and approval.
RECOMMENDATION:
Approve the July, 1993 Treasurer's Statement.
FINANCIAL SUMMARY:
No fiscal impact.
xcwru:
Submitted for Council's review and approval is the Treasurer's Statement
for the month of July 1993. This statement shows the cash balances
for the various funds, with a breakdown of bank account balances and
investment account balances.
PREPARED BY:
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
July 31, 1993
GENERALFUND
$5,392,089.35
$902,331.12
$1,154,872.23
$5,139,548.24
TRAFFIC SAFETY FUND
0.00
0.00
GAS TAX FUND
2,460,179.89
937.54
2,459,242.35
TRANSIT TX (PROP A) FD
491,048.65
760.00
2,734.59
489,074.06
TRANSIT TX (PROP C) FD
861,861.35
72,124.00
933,985.35
INTEGRATED WASTE MGT FD
21,009.23
6,161.10
9,325.64
17,844.69
AIR QUALITY IMPRVMNT FD
67,180.69
26,888.79
40,291.90
STATE PARK GRANT FUND
0.00
PARK FEES FUND
186,187.21
186,187.21
COM DEV BLOCK GRANT FUND
(193,845.00)
211,775.32
14,281.98
3,648.34
LANDSCAPE DIST #38 FD
193,140.31
24,851.16
28,561.75
189,429.72
LANDSCAPE DIST #39 FD
130,641.76
17,246.24
30,173.13
117,714.87
LANDSCAPE DIST #41 FD
143,272.56
11,095.40
14,862.66
139,505.30
GRAND AV CONST FUND
449,545.49
935.88
448,609.61
TRAFFIC MITIGATION FEE FD
303,759.07
18,521.20
285,237.87
CAP IMPROVEMENT PRJ FD
0.00
142,724.61
81,895.02
60,829.59
SB 821 FUND
153,191.43
1,539.00
154,730.43
SELF INSURANCE FUND
456,644.23
456,644.23
TOTALS
$11,115,906.22 $1,390,607.95
$1,383,990.41
$0.00 $11,122,523.76
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$325,257.11
PAYROLL ACCOUNT
357.56
CHANGE FUND
100.00
PETTY CASH ACCOUNT
500.00
INVESTMENTS:
TOTAL DEMAND DEPOSITS $326,214.67
TIME CERTIFICATES
COMMERCIAL PAPER
L. A.I.F.
TOTAL INVESTMENTS
$0.00
0.00
10,796,309.09
10,796,309.09
TOTAL CASH $11,122,523.76
Chair/Meyer explained that the City will be able to
review parts of it's ordinance procedures when, and
if, the City adopts a General Plan.
CONSENT CALENDAR: C/Li indicated that he will not vote on the minutes
because he was not present during the subject
Minutes of meeting.
July 12, 1993
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED to approve the Minutes of July
12, 1993, as presented.
AYES: COMMISSIONERS: Grothe, Flamenbaum, and
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Li.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 3-0-1.
OLD BUSINESS: Chair/Meyer suggested that the Planning Commission
review the Planning Commission's Policy and
Disc. of Procedure Manual to update the procedure for
Planning conducting meetings, and to reestablish some of the
Commission roles and responsibilities of the Commission. One
Policy & item worthy of reconsideration involves Planning
Procedure Commission actions that are appealed to the City
Council. Perhaps there should be a designated
individual from the Planning Commission available
at City Council meetings to represent the
Commission on such items. If the Commission
concurs that the manual should be reviewed, a
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
JULY 26, 1993
CALL TO ORDER:
Chairman Meyer called the meeting to order at 7:04
p.m. at the South Coast Air Quality Management
k
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Chairman Meyer.
ROLL CALL:
Commissioners: Grothe, Li, and Chairman Meyer.
C/Flamenbaum arrived at 7:07 p.m.. Vice Chairman
Plunk was absent (excused).
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
City Attorney Bill Curley, and Contract Recording
Secretary Liz Myers.
MATTERS FROM
Ken Anderson, residing at 2628 Rising Star,
THE AUDIENCE:
suggested that the City review their public
notification policy, and perhaps consider
displaying a billboard at the site of a proposed
project, which is a procedure utilized in San
Dimas.
Chair/Meyer explained that the City will be able to
review parts of it's ordinance procedures when, and
if, the City adopts a General Plan.
CONSENT CALENDAR: C/Li indicated that he will not vote on the minutes
because he was not present during the subject
Minutes of meeting.
July 12, 1993
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED to approve the Minutes of July
12, 1993, as presented.
AYES: COMMISSIONERS: Grothe, Flamenbaum, and
Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Li.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 3-0-1.
OLD BUSINESS: Chair/Meyer suggested that the Planning Commission
review the Planning Commission's Policy and
Disc. of Procedure Manual to update the procedure for
Planning conducting meetings, and to reestablish some of the
Commission roles and responsibilities of the Commission. One
Policy & item worthy of reconsideration involves Planning
Procedure Commission actions that are appealed to the City
Council. Perhaps there should be a designated
individual from the Planning Commission available
at City Council meetings to represent the
Commission on such items. If the Commission
concurs that the manual should be reviewed, a
July 26, 1993 Page 2
subcommittee could be established to work with
staff to bring back some recommendations to the
Commission for consideration.
C/Li and C/Flamenbaum volunteered to be on the
subcommittee.
Chair/Meyer suggested that the subcommittee obtain
some of the Planning Commissioner's handbooks from
the League of California Cities, as well as
appropriate documents from adjoining communities.
C/Flamenbaum concurred that it may be appropriate
to have a representative of the Commission present
at City Council meetings to represent the
Commission on items of appeal or other projects
being presented. Also, there needs to be a
discussion on who sets the agenda, as well as a
discussion of establishing a policy on how
recommendations are made to the City Council on
items that may be beyond the purview of the
Commission but may still be of interest to the City
Council.
C/Li suggested'that it seems appropriate for the
Chairman to represent the Planning Commission at ?;
City Council meetings. ;x
C/Grothe requested that staff include, in the
agenda, a status of upcoming projects.
Chair/Meyer suggested that there also be discussion
regarding the information presented in the staff
report to help the Commission, in deliberation,
focus the review of projects, and to create
consistency in reviewing various projects before
the Commission He then remanded the item to the
subcommittee.
C/Flamenbaum inquired if there is any violation of
law if the Commission was to pass nonbinding
resolutions without adequate public notice.
CA/Curley stated that Commissioners may bring up
issues of concern during the Commission Comments
portion of the agenda. If the concern receives
consensus from the Commission that it should be
brought to someone's attention, the direction to
staff to take that consensus of the issue to
whatever bodies appropriate, would not be a Brown
Act violation.
Disc. regarding Chair/Meyer explained that this item was placed on
acquisition of the agenda for discussion in response to a great
land for parks deal of demand, resulting from the South Pointe
July 26, 1993 Page 3
and/or project deliberation, to be placed on the ballot
nat'l area regarding the establishment of a conservancy, or
conservation issuance of bonds to acquire the property at a fair
market value. Perhaps there should be some sort of
recommendation by the Planning Commission to the
City Council regarding this demand from, what
appeared to be a significant portion of the
population in the community. Additionally, address
the issue of exploring public sentiment regarding
additional revenue generation to acquire property
within the corporate boundary for preservation in
its existing state.
C/Flamenbaum also suggested that it may be
appropriate, under natural area conservation, to
send forth a message to the City Council suggesting
the need to revisit the Tree Ordinance.
Motion was made by C/Flamenbaum and seconded by
C/Grothe that the Commission recommend that the
City Council explore a bond issue for the purpose
of acquiring open space, and/or unused land in the
City of Diamond Bar, in an amount to be determined
by the City Council.
C/Grothe stated that he feels that the City has
higher needs for bond money other than acquisition
of natural areas to conserve in the City of Diamond
Bar, such as acquiring Site D for active parks, a
library, a public facility for uses such as a pool
or gym, etc. For projects to conserve something
the size of a Tonner Canyon, or a Sandstone Canyon,
should be explored on a County -wide or State-wide
basis.
Chair/Meyer concurred that there are a lot of other
needs of the City, however, the reason for the
recommendation to the City Council is not to
express a preference of the Commission but rather
to communicate to them that there seemed to be a
great deal of demand expressed by the citizens for
the need to explore such a bond issue, not limited
to just Tonner Canyon and Sandstone Canyon.
The Commission voted upon the Motion made by
C/Flamenbaum and seconded by C/Grothe that the
Commission recommend that the City Council explore
a bond issue for the purpose of acquiring open
space, and/or undeveloped land in the City of
Diamond Bar, in an amount to be determined by the
City Council.
AYES: COMMISSIONERS: Li, Flamenbaum, and
Chair/Meyer.
NOES: COMMISSIONERS: Grothe.
July 26, 1993 Page 4
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 3-1.
Chair/Meyer, responding to C/Flamenbaum's
suggestion regarding the tree ordinance, stated
that there must be a General Plan in place before
making modification of the zoning code to assure
that it is consistent with the General Plan.
NEW BUSINESS: AP/Searcy presented the staff report regarding the
request made by the applicant Acme/Wiley to develop
Planned Sign a Planned Sign Program to install a monument sign
Program 93-3 six (6) feet in height and 18.21 square feet in
sign face area located at 1196 S. Diamond Bar Blvd.
within an existing retail shopping center. It is
recommended that the Planning Commission approve
Planned Sign Program No. 92-3 with the base of the
monument sign constructed from the same block
utilized for the wall within the landscape area of
the project site, the addition of an address plate,
Findings of Fact, and conditions as listed within
the attached resolution. AP/Searcy then stated
that Sign No. 8, identified as existing and on
site, is not existing at that location and needs to
be revised on the final set of plans which will be
turned into the Planning Department for the
Community Development Director's final approval.
Chair/Meyer noted that there is not a condition
requiring the removal of the existing pole sign to
be replaced by the monument sign.
William Barker, representing Acme/Wiley who
represents Bank of America, stated that they concur
with the conditions, except that they would prefer
to match the plaster, instead of putting block
underneath the sign, because the block is not a
predominate architectural feature in the building,
and the use of block is more expensive. There is a
plaster match on Vineyard Bank, Standard Brands,
Jack -in -the Box, and First Interstate Bank. An
exact match of the scored plaster will be made. In
response to Chair/Meyer, he stated -that he was not
aware of the pole sign, but it is most likely the
intent of the applicant to replace the pole if
deemed necessary.
Chair/Meyer requested that a condition be added for
the removal of the pole sign.
July 26, 1993 Page 5
C/Flamenbaum expressed his support to allow the
applicant to use the stucco material for the
construction of the monument sign.
C/Grothe stated that, in his opinion, he feels that
the building does not need any more signs.
However, it is for the replacement of a pole sign
and he would concur with staff's recommendation
that block be utilized because it is a sturdier
material that will look nicer for a longer period
of time. He then suggested that Bank of America
readjust the security lights recently added so as
not to intrude on the neighboring property.
Motion was made by C/Flamenbaum and seconded by
Chair/Meyer to approve the Planned Sign Program as
proposed, amending condition 5(c). from block wall
to stucco, and adding a condition for the removal
of the existing pole sign.
AYES: COMMISSIONERS: F l a m e n b a u m a n d
Chair/Meyer.
NOES: COMMISSIONERS: Grothe and Li.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk.
The Motion FAILED 2-2.
Motion was made by Chair/Meyer and seconded by C/Li
to continue the item to the next meeting when there
will be a full Commission.
CDD/DeStefano explained that staff recommended the
utilization of the block because it is a more
durable material than stucco, which often
discolors, cracks, peels and chips off of the
surface generally as a result of watering. The
other reason for recommending block is for
architectural consistency to the existing slump
stone block wall, and to the other existing signs
within the Ralphs shopping center that utilize
slump stone.
Chair/Meyer asked Mr. Barker if there would be a
problem with building the base and attaching
masonry veneer.
William Barker explained that masonry veneer would
not really be compatible with the building. Bank
of America indicated their preference of utilizing
stucco material.
Chair/Meyer withdrew his Motion and C/Li withdrew
the second to the motion.
July 26, 1993 Page 6
Motion was made by C/Grothe and seconded by C/Li to
approve the Resolution approving the Planned Sign
Program 93-3 with listed conditions, adding a
condition for the removal of the pole sign.
AYES: COMMISSIONERS: Li, Grothe, Flamenbaum,
and Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 4-0.
C/Grothe directed staff to investigate the
adjustment of the security lights at Bank of
America.
CONTINUED CDD/DeStefano reported that the Planning
PUBLIC HEARING: Commission, at the last meeting, decided to split
the review and decision of CUP 93-4, which is for
CUP 93-4 the land use entitlement of the sale and on-site
consumption of alcoholic beverages and a bar/lounge
with live entertainment for property located at
21671 E. Gateway Center Drive, and the Development
Review for the restaurant. Pursuant to the
direction of the Planning Commission, a resolution
approving CUP No. 93-4 has been prepared for the
Commission's review. However, it is staff's
recommendation that the issues of the CUP cannot be
concluded without knowing the facility to which it
would be attached to. It is strongly recommended
that the Commission table the CUP No. 93-4 for the
sale and on-site consumption of alcoholic beverages
and a bar/lounge with live entertainment until the
type of live entertainment is identified and the
Development Review for construction of a restaurant
structure is approved.
C/Flamenbaum pointed out that the nature of the CUP
is for a land use application. There is really no
question that the particular site . should be
anything other than a restaurant.
«• CDD/DeStefano explained that the restaurant is
permitted by right within the C-3-BE-U/C Zone, and
there is no question that a restaurant is both
needed and appropriate within the Gateway Corporate
Center. Staff is concerned that a CUP for the sale
of alcohol and for live entertainment runs with the
land, and specifically that CUP is not being
attached to a building. Therefore, the CUP is
being approved for a dirt lot. The appropriateness
of the building for the site should be determined
first, then the decision on the type of alcohol,
July 26, 1993
Page 7
the hours of operation, the type of live
entertainment, etc. should be made for that
specific building.
CA/Curley explained that the CUP, while serving as
an agreement for the land use, is also a fine
tuning devise to fit the use to the community's
needs. The Planning Commission could develop a set
of the most onerous conditions for virtually
everything that could come up, thus requiring the
applicant to come back and petition the Commission
for relief, which may create a more difficult
situation for the applicant. It is questionable if
giving an approval to an idea as a marketing device
fits the intent of a CUP.
Chair/Meyer declared the Public Hearing opened.
The applicant, nor the applicant's representative,
was not present at the meeting to provide
testimony.
Motion was made by C/Flamenbaum and seconded by
C/Li to continue the matter to the second meeting
in August of 1993.
AYES: COMMISSIONERS: Li, Grothe, Flamenbaum,
and Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 4-0.
Chair/Meyer recessed the meeting at 8:15 p.m. The
meeting was reconvened at 8:25 p.m.
PUBLIC HEARINGS: AP/Searcy presented the staff report regarding the
request made by the applicant PETsMART to operate a
CUP 93-6 commercial retail pet facility, located at Diamond
DR 93-3 Creek Village Shopping Center, 21050 Golden Springs
PETsMART Drive, which includes the sale of pets, supplies,
tropical fish and birds, and provides pet grooming,
and health care services. The Development._.:Review
application is necessitated by interior` •and
exterior renovation and addition to the existing
building "C". The application is requesting to add
approximately 8,398 square feet to the existing
commercial center in a three phase project. The
CUP application is a request for approval to
operate a business which features the retail sales
of animals and pet supplies as well as ancillary
uses which include grooming and veterinarian care.
It is recommended that the Planning Commission
July 26, 1993 Page 8
adopt the draft Resolutions of Approval with
findings of facts and conditions of approval for
the Conditional Use Permit and Development Review.
C/Grothe indicated that he will abstain from
discussion of this project due to a possible
conflict of interest.
Chair/Meyer declared the Public Hearing opened.
C/Flamenbaum inquired why the applicant has a vault
in one of the three rooms as indicated on the floor
plan, section 202.
Frank Arciero Jr., 950 N. Tustin Ave., Anaheim, one
of the owners of the center, stated that he concurs
with the conditions listed by staff except for the
Engineering conditions #1, #2, & #4 for the
following reasons: #1 - the parking lot is
currently is good condition and does not need to be
repaired, slurry sealed nor restriped; #2 - a
prorata share has already been paid and to pay a
portion of the overlay and striping costs for
lengths of Golden Springs Drive and Brea Canyon
road is a financial burden, particularly since the
striping is adequate enough for the center; and #4
- the owners initially paid a pro rated share for
the modifications of the signals. In regards to
Engineering condition #6, he requested
clarification since the parking area already has
painted Fire Lane legends. He also inquired how
they would be able to protect the wall from future
vandalism or graffiti, as indicated in item #8•
Mr. Arciero stated that a change will be made to
the parking area on the back side to make sure that
the tractor trailers are able to circulate through
there without interfering with any existing or
future parking spaces.
C/Flamenbaum suggested that the applicant consider
planting overhanging ivy on the wall as a method of
impeding graffiti.
Clay Alminchapini, the architect with Kurt Reed
Associates, Scottsdale, Arizona, stated that the
�. issue of impeding any truck traffic at therear
corner of the building has been resolved. He
clarified that PETsMART does not sell dogs and
cats, but does have an adoption facility set up
inside the store for the Humane Society. Also,
there are no exterior dog runs, nor are there
animals kept over night at these facilities. With
the exceptions of those clarifications, PETsMART,
nor Kurt Reed Assoc., does not have any conflict
July 26, 1993 Page 9
with any of the conditions, other than what has
been brought up by the developer. In response to
C/Flamenbaum's inquiry, he explained that the vault
is used to count receipts. There is a separate
secured storage area in the veterinary clinic that
has been provided for veterinary pharmaceuticals.
Hearing no further testimony, Chair/Meyer declared
the Public Hearing closed.
C/Flamenbaum, in response to the applicant's
request to delete Engineering condition #l,
inquired of staff if the parking lot needs to be
slurry sealed.
AP/Searcy explained that the condition is a
preventative maintenance task. Based on Planning
staff's review, the subject site does not appear to
be in any type of major disrepair.
The Planning Commission concurred to omit
Engineering condition #i.
AP/Searcy, in regards to Engineering condition #2,
stated that the costs were generated based upon a
prorata share of the impacts those projects might
have on existing infrastructure. However, there
was no available information submitted to the
Engineering Department to indicate that the
applicant had participated in any type of program
previous to this approval.
The Planning Commission concurred to delete
Engineering condition #2.
AP/Searcy stated that Engineering condition #4 runs
in the same category as Engineering condition #2.
C/Flamenbaum pointed out that it may be appropriate
that some modification to the traffic signal be
made, as indicated in Engineering condition #4, in
an amount to be determined, since there may be an
increase in traffic.
Frank Arciero, Jr. stated that PETsMART traffic is.
little more than half of the traffic from the;
previously existing National Lumber. When the
Center was built, the signals were designed to
accommodate the flow of traffic anticipated with
National Lumber. The existing signal is more than
adequate to carry the amount of traffic generated
within the Center.
July 26, 1993 Page 10
The Planning Commission concurred to delete
Engineering condition #4.
Motion was made by C/Flamenbaum to approve the
Resolution for CUP No. 93-6, with the removal of
Engineering conditions #1, #2, & #4.
C/Flamenbaum withdrew -his motion in order to first
take action on the design review.
CDD/DeStefano stated that, if the Commission
considers approval of the design review first, then
it is staff's recommendation that general
conditions of approval #4, 15, #6, & #7 of CUP No.
93-6 be located in Development Review No. 93-3 as
conditions #8, #9, #10, & #11.
Chair/Meyer inquired if this operation would have
an impact on the City's sewer system, and if a
clarifier is required.
Clay Alminchapini stated that there are separate
hair traps for the bathing area at the grooming
department, as well as for the surgery tub and the
health service. The hair traps are completely
isolated, with a separate sewer line before it is
tied into the sanitary sewer.
AP/Searcy stated that those plans will be submitted
to the Building Department during final plan check.
Motion was made by C/Flamenbaum and seconded by
C/Li to approve Development Review No. 93-3, moving
general conditions of approval 14, #5, #6, & #7 of
CUP No. 93-6 to be located in Development Review
No. 93-3 as conditions 18, #9, #10, & #11.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
The Motion CARRIED 3-1.
Li, Flamenbaum, and
Chair/Meyer.
None.
Grothe.
Plunk.
Motion was made by C/Flamenbaum and seconded by
C/Li to adopt a Resolution approving CUP No. 93-6,
deleting Engineering conditions #1, 12, & 04, and
moving general conditions of approval #4, 15, #6, &
#7 of CUP No. 93-6 to be located in Development
Review No. 93-3 as conditions #8, #9, #10, & Ill,
and adding a condition to tie the use of the CUP to
the activation and use of the Development Review
application.
C/Flamenbaum requested staff, in the future, to
number all conditions consecutively, without
differentiating between engineering and general
conditions.
CUP 92-13(1) AP/Searcy reported that the application for the
Karaoke family karaoke studio, located in the center at the
Studio intersection of Colima Road and Lemon Avenue, was
originally approved by the Planning Commission on
November 23, 1992, which began it's operation late
February of 1993. The hours of operation were
limited to the hours between 11:00 a.m. and 12:00
a.m. midnight Sunday through Thursday and until
2:00 a.m. on Friday and Saturday with uniformed
security on premises. Some of the concerns for the
project were as follows: the hours of operation;
the security; the noise generated by late night
uses within the center; and it's proximity to the
neighborhood residential developments surrounding
the project. The application for the amendment to
the CUP would allow the karaoke studio to expand
the hours of operation from the current allowance
to 4:00 a.m, daily. However, staff feels that
intensifying the hours of operation would intensify
the use on site. Review of the County's records
indicates that there are two karaoke studios in
Rowland Heights and Hacienda Heights that are in
operation, both not extending past the hours of
1:30 a.m.. Additional research indicates that the
County Ordinance does not allow live entertainment
from the hours of 2:00 a.m. to 6:00 a.m., thus the
applicants request to operate between the hours of
2:00 a.m. to 4:00 a.m. is not in compliance with
their business license. Furthermore, the karaoke
studio has been in operation less than 6 months and
has not experienced a complete seasonal cycle of
business which can be analyzed. It is recommended
that the Planning Commission adopt a resolution to
deny the applicant's request.
Chair/Meyer declared the Public Hearing opened.
Daisy Del Valle, the leasing agent for the shopping
agent, stated that because the karaoke studio is an
evening type of business, some sort of an extension
of hours is needed for it to succeed. She
July 26, 1993
Page 11
ff
}
AYES:
COMMISSIONERS:
Li, Flamenbaum, and
Chair/Meyer.
NOES:
COMMISSIONERS:
None.
ABSTAIN:
COMMISSIONERS:
Grothe.
ABSENT:
COMMISSIONERS:
Plunk.
The Motion
CARRIED 3-1.
C/Flamenbaum requested staff, in the future, to
number all conditions consecutively, without
differentiating between engineering and general
conditions.
CUP 92-13(1) AP/Searcy reported that the application for the
Karaoke family karaoke studio, located in the center at the
Studio intersection of Colima Road and Lemon Avenue, was
originally approved by the Planning Commission on
November 23, 1992, which began it's operation late
February of 1993. The hours of operation were
limited to the hours between 11:00 a.m. and 12:00
a.m. midnight Sunday through Thursday and until
2:00 a.m. on Friday and Saturday with uniformed
security on premises. Some of the concerns for the
project were as follows: the hours of operation;
the security; the noise generated by late night
uses within the center; and it's proximity to the
neighborhood residential developments surrounding
the project. The application for the amendment to
the CUP would allow the karaoke studio to expand
the hours of operation from the current allowance
to 4:00 a.m, daily. However, staff feels that
intensifying the hours of operation would intensify
the use on site. Review of the County's records
indicates that there are two karaoke studios in
Rowland Heights and Hacienda Heights that are in
operation, both not extending past the hours of
1:30 a.m.. Additional research indicates that the
County Ordinance does not allow live entertainment
from the hours of 2:00 a.m. to 6:00 a.m., thus the
applicants request to operate between the hours of
2:00 a.m. to 4:00 a.m. is not in compliance with
their business license. Furthermore, the karaoke
studio has been in operation less than 6 months and
has not experienced a complete seasonal cycle of
business which can be analyzed. It is recommended
that the Planning Commission adopt a resolution to
deny the applicant's request.
Chair/Meyer declared the Public Hearing opened.
Daisy Del Valle, the leasing agent for the shopping
agent, stated that because the karaoke studio is an
evening type of business, some sort of an extension
of hours is needed for it to succeed. She
July 26, 1993 Page 12
submitted a handout on an analysis of the business,
done by Mr. Lee, indicating that the busiest time
for his operation is between 12:00 and 2:00 a.m.
An extension of time during the week should be
granted, taken into consideration that alcohol is
not allowed, there have been no problems with the
other tenants, and there have been no problems with
the Sheriff Department.
Dong Min Lee, 3461 Marble Ridge Drive, Chino,
owner, reviewed the analysis submitted to the
Commission indicating the busiest time for his
business. Most people come to his establishment
after work around 9:00 p.m. during the week, and
between 12:00 a.m. midnight to 2:00 a.m. Friday and
Saturday. The biggest complaint that he receives
from his customers is that they need more time. He
requested an extension of time.
Dan Sobieski, residing at 1248 S. Lemon, opposed
the extension of hours during the week because of
the additional traffic in the area for those
extended hours, plus the additional distractions in
the neighborhood. It seems that the owners should
have sought out a different type of location other
than a residential neighborhood.
Betty Woo, residing at 1245 S. Lemon, opposed to
the extension of hours, made the following
comments: there are never any families going to
the karaoke studio from 12:00 a.m. midnight to 2:00
a.m.; many karaoke studios in Taiwan are not known
for their pleasant atmosphere, and many avoid
living near one; and this studio is located in a
quiet residential neighborhood and the hours should
reflect this.
Jim Molina, residing at 20521 E. Clear Spring
Court, stated that he was disturbed by loud
shouting coming from the vicinity of Golden Springs
and Lemon Avenue, near the studio. He expressed
his concern that an extension of time will increase
activity in the area, create additional noise and
traffic, and that the disturbing noise from the
blowers used for cleaning the establishment will go
late into the night. •
Hearing no further testimony, Chair/Meyer declared
the Public Hearing closed.
C/Grothe, in support of the staff's recommendation,
stated that the karaoke studio is located in a
neighborhood shopping center that should remain
July 26, 1993 Page 13
=� compatible with the quiet residential neighborhood
and not the regional area.
C/Li suggested that the hours of operation be
extended to 1:00 a.m. weekdays on a trial basis.
He pointed out that there is no correlation between
a karaoke studio in Taiwan. and one here, as was
indicated by Ms. Woo.
C/Flamenbaum recalled that the Planning Commission
had approved this application, for the hours of
operation indicated, as a trial basis because of
the various reports of criminal activities
associated with these studios in other outlying
cities. The Commission had recommended that the
applicant come back after a considerable period of
time, and if there were no police reports or other
objections, the Commission may consider extending
the hours on weekdays. Four months of operation
does not seem to be an adequate period of time for
review to consider extending the hours of operation
on weekdays to 2:00 a.m. He stated his support for
staff's recommendation simply because there is
insufficient data for analysis. He pointed out
that most businesses take at least a year before it
- becomes established. The applicant can come back
at a. later date with his request, with the
understanding that a 4:00 a.m. extension would
never be supported.
Chair/Meyer concurred with C/Flamenbaum that the
Planning Commission's original approval was on a
trial period basis, for at least a year, to collect
some data before considering modification of the
application. Four months of operation is an
inadequate time for review. The request made is
premature.
C/Flamenbaum, noting that the applicant has already
paid the application fee, suggested that the item
be tabled for eight months, thus allowing a year of
review.
CA/Curley stated that, if it is the consensus of
the Commission to take some action of this sort, he
would recommend a continuance to a date certain,
with the consent of the applicant:'
C/Grothe, preferring not to continue the matter,
stated that if it were to be continued, it should
be republicized and readvertised, particularly to
the residents in the area.
July 26, 1993
Page 14
Dong Min Lee stated that to his recollection, the
trial period basis was for 6 months after the
opening of the business. The reason for this early
application is because the extension of time is
needed for the business' success. There have not
been any problems with the studio to date. He
requested that the Commission grant an extension of
time. -
Chair/Meyer inquired if the applicant would be able
to appeal if the Planning Commission made a
decision to continue the matter.
CA/Curley stated that, without the consent of the
applicant for a continuance, he would suggest that
the Commission take a final action, in the sense of
an approval or denial, due to the Streamlining Act.
Motion was made by C/Grothe and seconded by
C/Flamenbaum to adopt a Resolution for Denial
without prejudice.
C/Flamenbaum, in response to Chair/Meyer, stated
that the intent of continuing the matter was to
save the applicant the fee for having to refile.
There has not been an adequate time of review to
provide the Commission with sufficient information
to make a decision regarding an extension of hours.
Daisy Del Valle stated that Mr. Lee is confused
because he was told to come back in 6 months, and
he now wonders why he paid the $1,000 fee. She
pointed out that the Commission can pull a
condition from the CUP at any time.
Chair/Meyer stated that there is a procedure to
revoke a condition of the CUP, which is a more
difficult procedure than placing conditions. The
Commission had considered a continuance with the
idea to save the applicant the fee paid.
C/Flamenbaum suggested that the meeting be recessed
to allow C/Li an opportunity to explain the
situation to the applicant.
Chair/Meyer. recessed the meeting at 10:00 p.m. The
meeting was reconvened.at 1 Q:08 p,m.
CA/Curley stated that it would be appropriate to
ask the applicant if he has reached any conclusion.
Dong Min Lee requested that the Commission continue
the item.
1
July 26, 1993
Page 15
CA/Curley stated that, if the Commission wishes to
entertain a continuance, it is recommended that the
extension not go beyond 120 days and that if more
information is required, it should be presented to
the applicant as a component of the extension.
C/Grothe stated that he would like to keep his
motion for _denial, without prejudice because an
additional 120 days would still not give a adequate
period of time for review. The request for
additional information may end up costing the
applicant additional money, and it may be least
costly to take action on the issue at this time.
CA/Curley clarified that the City Planning
Department applies a flat hourly rate, which is
debited from the initial deposit, so that the total
dollar amount for either a continuance or a denial
with a reapplication would remain the same.
The Commission voted upon the Motion made by
C/Grothe and seconded by C/Flamenbaum to adopt a
Resolution for Denial without prejudice.
AYES: COMMISSIONERS: Grothe, Li, Flamenbaum,
and Chair/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk.
The Motion CARRIED 4-0.
Variance 93-2 CDD/DeStefano reported that it is staff's
Mobil Service recommendation that the public hearing be continued
Station to the meeting of August 9, 1993 due to scheduling
conflicts with the applicant per his request.
Chair/Meyer declared the Public Hearing opened.
Motion was made by C/Flamenbaum, seconded by
C/Grothe and CARRIED UNANIMOUSLY to continue the
matter to the meeting of August 9, 1993.
INFORMATIONAL CDD/DeStefano report that, as Administrative
ITEMS: Development Director, he approved a new single
family Piermarini home approximately 6,700 square
feet. He also reported that another General Plan
public hearing is scheduled for July 27, 1993.
CDD/DeStefano stated that staff will provide the
subcommittee with some Planning Commission's Policy
and Procedures Manual generated from other cities
to help refine our Policy and Procedures Manual.
Staff will also resume prior efforts to inform the
July 26, 1993 Page 16
Commission of upcoming meeting schedules and
project scheduling.
C/Flamenbaum suggested that it may be appropriate
if the Planning Commission of the City of Diamond
Bar met with the Planning Commissions of adjacent
cities to keep informed of each others plans.
ADJOURNMENT: Motion was made by C/Flamenbaum, seconded by C/Li
and CARRIED UNANIMOUSLY to adjourn the meeting at
10:26 p.m.
Respectively,
Jam s DeStefano
Secretary
NZ U
CITY OF DTKMnWn ga72
MINUTES OF THE PARKS AND RECREATION COMMISSION
JULY 22, 1993
CALL TO ORDER: Vice Chairman Johnson called the meeting to order
at 7:10 p.m. at the AQMD, Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Ruzicka.
ROLL CALL: Commissioners: Goldenberg, Ruzicka, Medina, and
Vice Chairman Johnson. Chairman Schey arrived at
7:15 p.m..
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal, and
Administrative Intern Sandy Barlow. Brea's
Community Services Specialist, Chris Emeterio and
Brea's Community Services Manager Ted Owens who
arrived at 7:16 p.m..
APPROVAL OF C/Medina indicated that he will abstain from voting
THE MINUTES: on the minutes because he was absent at that
subject meeting.
June 24, 1993
Motion was made by C/Ruticka, seconded by
C/Goldenberg and CARRIED to approve the Minutes of
June 24, 1993, as presented.
AYES: COMMISSIONERS: Goldenberg, Ruzicka, and
VC/Johnson.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: Medina.
ABSENT: COMMISSIONERS: Chair/Schey.
PRESENTATION:
Intro of RJM CSD/Rose reported that a contract for the design
Landscape and preparation of construction drawings for
Architects for Pantera Park was awarded to RJM Design Group, per
Pantera Park direction of the City Council at their July 6, 1993
meeting. Larry Ryan and Robert Mueting,
representatives of RJM, will discuss the process
and time line for development of Pantera Park.
Robert Mueting stated that RJM will prepare a
series of alternative conceptual plans for the
Master Plan Committee's review and consideration.
The plan will be refined per the Committee's input
and direction, and presented again to the Committee
for further review and input. It is anticipated
that the review process will take approximately 6
weeks. Following approval from the Committee, RJM
will begin designing development and construction
documents, which is anticipated to take about 2
months to prepare. Once those documents are
prepared, the project will go out to bid, for a one
month period, and then construction will begin.
July 22, 1993 Page 2
CSD/Rose, in response to Chair/Schey, explained
that there will first be a mass meeting in which
local residents within 600 feet of the property,
those residents on the City's mailing list, the
Commissions and others involved in the City's
processes, will be specifically invited to attend.
From that meeting, a smaller Master Plan Committee
will be formed. That committee will meet
frequently to discuss any concerns raised, and to
formulate a consensus regarding the design of
Pantera Park.
C/Ruzicka inquired if there have been any concerns
raised at this point in time.
CSD/Rose stated that staff has received comments
both positive and negative regarding the
development of the park. Some of the concerns were
in regards to active athletic facilities, facility
lights, and an increase in traffic. There is also
an element in the community that would have
preferred using Prop A funds towards the
acquisition of open space left in it's natural
state. Since Pantera Park is already a rough
graded site, it is not anticipated that leaving it
as an open site would be in anyone's best interest.
Most of the interest that will be generated will
regard various opinions concerning how the -Park is
to be developed.
Robert Mueting explained that the reason community
involvement is strongly advocated is to get those
extreme view points on that project committee so
that those items are openly discussed. A consensus
is often reached after all concerns have been
raised. Though all members of the public can
attend the meeting, it is recommended that the
Master Plan Committee consist of about 15 people,
representing the various view points, so there is
consistency at each meeting.
Chair/Schey thanked Larry Ryan and Robert Mueting
for their presentation.
OLD BUSINESS:
Commission CSD/Rose reported that the subcommittee of the
Recommended Parks and ,Recreation Commission, consisting of
Park C/Goldenberg and VC/Johnson, met with staff to
Improvements discuss the spending of the $50,000 dollars
authorized by the City Council for improvements at
each of the City's eight public parks. The
subcommittee recommended that the Commission
finalize and prioritize the list of park
July 22, 1993 Page 3
improvements, as presented in the staff report, to
be recommended to the City Council. CSD/Rose then
presented slides of each park, and reviewed the
proposed improvements, as recommended by the
subcommittee, and their associated costs.
C/Ruzicka inquired if allocating the $50,000
towards the development of a Parks Master Plan was
considered.
CSD/Rose explained that there are separate funds
available for the Parks Master Plan.
Following discussion, the Commission concurred to
prioritize the list of park improvements as
follows: 1. gazebo at Summitridge Park; 2. picnic
shelter at Sycamore Canyon Park; 3. retaining wall
around upper playground at Sycamore Canyon Park; 4.
picnic shelter at Peterson Park, and lights for the
basketball court; 5. picnic shade structure and
bar-b-que at Maple Hill Park; 6. basketball court
extension (75x50) at Heritage Park, and lights for
the basketball court; 7. sand volleyball court at
Ronald Reagan; 8. picnic table and bar-b-que at
Star Shine Park; and 9. picnic table and bar-b-que
at Paul C. Grow Park.
The Commission directed staff to design and bid the
larger improvement items to determine the actual
costs.
Motion was made by VC/Johnson, seconded by
C/Ruzicka and CARRIED UNANIMOUSLY to recommend to
the City Council the list of park improvements as
prioritized by the Commission.
NEW BUSINESS:
Facility Use
CSD/Rose reported that, with the Heritage Park
Document for
Community Center nearing completion, a policy must
Rental of
be developed to assist in the rental of the
Heritage Park
facility for meetings, weddings, etc. It is
Community
recommended that the Commission review and comment
Center
upon the Facility Use Document.
The Commission concurred to hold a study session to
review the Facility Use Document, specifically
items regarding room fees, forms, and park policy
appropriate for the Heritage Park Community Center.
Motion was made by VC/Johnson, seconded by
C/Ruzicka and CARRIED UNANIMOUSLY to table the
matter to a study session meeting of August 2, 1993
at 7:00 p.m..
July 22, 1993 Page 4
INFORMATIONAL
ITEMS:
Recreation Chris Emeterio presented an update on the
Program recreation program, as presented in the staff
Update report, regarding Contract Classes, Adult Sports,
and Youth Sports. The new contract Wrestling Class
now has 16 participants. Approximately 1,450
participants have enrolled in the summer session
contract classes, generating over $48,000 in
revenue. The youth baseball league games commenced
on July 6, 1993 at both Heritage and Sycamore
Parks, with a total enrollment of 447 boys and
girls, ages 4 to 14, participating, generating
$22,230 in revenue. There is now a waiting list
for these leagues.
Heritage Park AA/Fritzal reported that the Grand Opening
Community Center Ceremonies for Heritage Park Community Center is
Grand Opening scheduled for September 11, 1993. Plans for that
event are currently being formalized, and upon
finalization, the Park and Recreation Commission
will receive invitations. It is hoped that all
Commissioners will be able to attend the opening
ceremonies.
ANNOUNCEMENTS: Chair/Schey requested that the bathrooms at the
lighted parks be kept open until 10:00 p.m., as
opposed to 8:00 p.m., so that it is available for
use, particularly for the children. He also
requested staff to review the irrigation
maintenance at Paul C. Grow Park because it seems
that there is inadequate coverage.
ADJOURNMENT: Motion was made by C/Ruzicka, seconded by
VC/Johnson and CARRIED UNANIMOUSLY to adjourn the
meeting at 8:55 p.m. to August 2, 1993 at 7:00 p.m.
at the AQMD Building, Room CC -3.
Respectively,
/s/ Bob Rose
Bob Rose
Secretary
Attest:
Is/ David Schey
David Schey
Chairman
"
GZTY or- a=sarcoma b�aas
MINUTES OF THE PARKS AND RECREATION COMMISSION
ADJOURNED REGULAR MEETING
AUGUST 2, 1993
CALL TO ORDER:
Chairman Schey called the meeting to order at 7:05
p.m. at the AQMD, Room CC3, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF
The audience was led in the Pledge of Allegiance by
ALLEGIANCE:
Chairman Schey.
ROLL CALL:
Commissioners: Ruzicka, Medina, Goldenberg, Vice
Chairman Johnson, and Chairman Schey.
Also present were Community Services Director Bob
Rose, Administrative Assistant Kellee Fritzal, and
Administrative Intern Sandy Barlow.
OLD BUSINESS:
Facility Use
AA/Fritzal briefly reviewed the City of Diamond Bar
Document -
Facility Reservation Policy as presented to the
Heritage Park
Commission. A Facility Fee Comparison chart, which
includes Proposed Heritage Park Room Rates, was
also presented to the Commission for their review.
City sponsored, resident non-profit civic
organization activities held at the Heritage Park
Community Center would be free of charge, unless
held on a weekend or a holiday, or the activity is
for fund raising or is not open to the general
public. Such fund raising activities would come
under the resident non profit fee range. It is
recommended that alcohol can be served at the
Community Center, with the requirement that the
client provide Host Liability coverage, and be
licensed with the Alcohol Beverage Commission
(ABC). The reservation process must be completed
two (2) weeks in advance of the reservation date.
No reservation will be approved until all fees,
deposits, permits/licenses and insurance are
obtained in full.
VC/Johnson inquired why resident non profit groups
would be charged a fee for annual events, such as
award ceremonies.
CSD/Rose explained that the fee correlates with the
impact of the event on the facility itself. Annual
events, which usually serve food, require more of a
set up as well as a take down.
AA/Fritzal pointed out that general board meetings
are open to the public, however, award ceremonies
are by invitation, and (closed) to the general
public.
VC/Johnson suggested that resident non profit
groups only be charged a fee if the event is not
open to the general public.
August 2, 1993 Page 2
Following a discussion regarding what constitutes
"open to the public", the Commission concurred to
follow staff's recommendation that a fee be charged
for an event that requires use of the kitchen
rather than based upon if it is "open to the
public".
CSD/Rose, in response to Chair/Schey's inquiry if a
cleaning deposit is required for general meetings
since coffee and cookies are often served, stated
that athletic organizations do maintain a
refundable deposit on file with the City that could
be used toward cleaning the facility if deemed
necessary.
Chair/Schey suggested that a fee be charged if any
type of refreshment or food is going to be served
since it creates a potential for some sort of
cleanup. C/Medina concurred.
VC/Johnson suggested that a refundable cleaning
deposit be required rather than requiring a fee for
use if food is served since the intent was to not
charge non profit organizations.
Following discussion, the Commission concurred that
a minimal refundable cleaning deposit be charged if
light refreshments are to be served by resident non
profit groups, no deposit will be required if
refreshments are not served.
CSD/Rose, in response to VC/Johnson, explained that
if staff is already on hand during an event, the
charge for staff hours, for opening or closing the
facility, will be absorbed.
VC/Johnson suggested that the policy be reworded so
that a fee will be charged for any event that
occurs during non staff periods.
AA/Fritzal suggested the following verbiage: "If
meetings are held after normal business hours,
weekends, or City observed holidays, a fee will be
charged for the hours of operation." The
Commission concurred.
CSD/Rose, in response to C/Medina's inquiry
regarding the charge on personnel, explained that a
staff fee schedule will need to be included as a
part of this policy statement.
VC/Johnson suggested that item 4.E. refer to a fee
schedule rather than specifying a $200.00 dollar
amount for a cleaning deposit.
August 2, 1993
Page 3
Following discussion, the Commission concurred that
the fee schedule should indicate a $100.00
refundable cleaning deposit for resident non profit
groups serving light refreshments (non kitchen
use), and a $200 refundable cleaning deposit for
all other type uses.
Chair/Schey requested staff to verify with the
City's Risk Manager that the insurance requirements
are not prohibitive. He suggested that all the
user groups be notified of this policy for the use
of the Community Center. Perhaps a submittal of a
certificate evidencing insurance should be required
as part of the application process.
CSD/Rose, in response to Chair/Schey's inquiry
regarding item I, stated that the intent is to
grant use of the facility to any individual or
organization that may want to hold any type of non
profit event.
VC/Johnson suggested that the language used in the
Park Policy and Procedure manual, which reads
"Private commercial use of the facility for profit,
private gain will be prohibited", be used in place
of item I., on page 3. The Commission concurred.
CSD/Rose, in response to C/Ruzicka, explained that
at this point, the City is looking more towards
providing a service rather than looking at raising
revenue. The fees that have been determined are
based upon current competitive market prices.
VC/Johnson suggested that item J., page 3, be
reworded to read "...deems appropriate, not more
than what would normally be charged for the room
per the fee schedule". The Commission concurred.
CSD/Rose, in response to VC/Johnson's inquiry
regarding item L., explained that the intent of the
statement is to indicate to clients that the City
will maintain control of public portions of the
facilities and will decide how it is to be used and
operated.
Following discussion, the Commission concurred to
remove the statement in item L., and place it in
item A, third paragraph, on page 1, as a general
statement which would read, "The City shall have
the right to control and operate the facilities,
heating, air conditioning and common use areas, in
a manner meeting all required codes."
August 2, 1993
Page 4
CSD/Rose, in response to VC/Johnson, stated that
staff will verify if the words "qualified
disabled", as indicated in item M., on page 4, is a
term used by ADA standards. If it is not a
standard statement, "qualified" will be deleted.
VC/Johnson suggested that if "qualified" is a
standard statement, then the definition of terms in
the document should include the definition of
"qualified". He explained that the reason he would
prefer that the word "qualify" be stricken from the
policy is because the word implies that not
everyone is eligible.
CSD/Rose, in response to Chair/Schey's inquiry
regarding the use of the term "qualified", stated
that staff is perceiving the term "qualified
disabled person" to mean a disabled person who
qualifies to participate in a given activity.
Following discussion, the Commission concurred to
delete the word "qualified" from item M, on page 4.
The Commission concurred that item Q, on page 4,
be amended to read, "...100 or more guests and
whenever alcoholic beverages..." and add "at the
discretion of the Community Service Director".
The Commission concurred to amend item O., on page
4, to indicate that smoking is prohibited in the
facility (a smoke free environment).
Chair/Schey, referring to item E, on page 5,
questioned how decorations are to be put up if they
cannot be taped, nailed, or otherwise attached to
the walls etc.
VC/Johnson explained that there are decorations,
specially made of pliable material and are
reusable, that will stick to a surface without
using tape or nails.
Chair/Schey, concerned that item E. restricts
anything from being attached to a surface,
suggested that the policy be reworded to indicate
that "No signs, decorations be taped, nailed, or
otherwise attached to walls, windows, ceilings or
drapes, unless the method of attachment is approved
by the City." The Commission concurred.
August 2, 1993
Page 5
VC/Johnson suggested that the statement
"Decorations must be fireproof" in item E. be
amended to "Decorations must be approved by staff"
since it is difficult to find fireproof
decorations.
AA/Fritzal stated that item E. will be amended to
read "No signs, decorations be taped, nailed, or
otherwise attached to walls, windows, ceilings or
drapes, unless decorations and the method of
attachment is approved by the City. No rice, bird
seed, confetti, or other similar items will be
allowed to be thrown in or around any facility. No
open flames or candles will be allowed." The
Commission concurred.
Following discussion the Commission concurred to
reword item F. to read "Signs, placards, pictures,
advertisements, names or notices shall not be
inscribed, displayed, printed or affixed on to any
part of the outside of any facility without prior
approval by City staff".
Chair/Schey inquired if the Commission had any
questions regarding the proposed Heritage park Room
rates.
C/Goldenberg pointed out that Non-resident Private
and Commercial are charged $150.00 for the
Community Room "B", the same cost as for the
Activity Room.
AA/Fritzal stated that the rate for the Activity
Room will be reduced to $125.00 for Non-resident
Private and Commercial. All other rates will
remain the same. The Commission concurred.
Chair/Schey suggested that there be a provision,
within the room rates, to imply that the use of the
security deposit is for coverage against damage as
well as cleanup.
Chair/Schey inquired if the security guards
required for certain activities are for a security
guard service or staff person.
AA/Fritzal stated that it is staff's recommendation
that security guards be hired for large parties
serving alcohol. It is also recommended that the
security guards stay under the control of the City
of Diamond Bar and not the client.
C/Goldenberg suggested that, if the City retains
the security service, the City should obtain
August 2, 1993 Page 6
liability insurance in the event that someone gets
hurt due to an act by the security guard.
Chair/Schey suggested that the statement policy
include some verbiage that grants the Director of
Community Services the ability to determine when an
activity will require a City retained security
service or a staff person.
AA/Fritzal suggested that such a statement be
included on page 4, of the Facility Use document,
new item P. to read "Event staff, or security, will
be required ... At the discretion of the Director of
Community Services, the event shall be staffed by
City Staff, private security forces, or Sheriff
Department."
Motion was made by VC/Johnson, seconded by
C/Ruzicka and CARRIED UNANIMOUSLY to direct staff
to present the Facility Reservation Policy, as
amended, to the City Council for approval.
CSD/Rose stated that the document will first go to
the Finance Committee for their review because it
involves fees. Following their approval, the
document will be presented to the City Council.
AA/Fritzal reported that it is anticipated that the
grand opening for the Heritage Park Community
Building is September 11, 1993. The facility will
not be rented out for private parties, non profit
group meeting until the first of October, thus
allowing staff a month to schedule.
ANNOUNCEMENTS: VC/Johnson stated that the YMCA Y's Men Group is
providing the barbecue at the Concert in the Park
this week.
ADJOURNMENT: Motion was made by C/Ruzicka, seconded by
VC/Johnson and CARRIED UNANIMOUSLY to adjourn the
meeting at 9:15 p.m.
Attest:
/s/ David Schey
David Schey
Chairman
Respectively,
1s/ Bob Rose
Bob Rose
Secretary
v ��ac or axu:oun RAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
JUNE 10, 1993
CALL TO ORDER: Chairman Chavers called the meeting to order at
6:_33 p.m. at the South Coast Air Quality Management
District Room, 21865 East Copley Drive, Diamond
Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Ury.
ROLL CALL: Commissioners: Ury, Cheng, Vice Chairman Gravdahl,
and Chairman Chavers. Commissioner Beke was absent
(excused).
Also present were Senior Engineer David Liu,
Sergeant Rawlings, and Contract Secretary Liz
Myers.
MINUTES:
May 13, 1993 VC/Gravdahl will abstain from voting on the minutes
because he was not present at that meeting.
C/Ury requested that the Minutes of May 13, 1993 be
amended on page 1 to indicate the need for a left
turn signal at the intersection of northbound
Diamond Bar Blvd. at Pathfinder Rd., and on page 2,
first paragraph, to indicate "received from tenants
of the Shea Business Center".
Motion was made by C/Ury, seconded by C/Cheng and
CARRIED to approve the Minutes of May 13, 1993, as
amended. VC/Gravdahl abstained.
COMMISSION VC/Gravdahl commended Chair/Chavers on his
COMMENTS: testimony presented before the City Council at the
General Plan Revision Public Hearing in regards to
Tonner Canyon transportation corridor. VC/Gravdahl
then stated that he has noted that most motorists
ao not come to a complete stop at the stop bar
located at the intersection of Del Sol Ln./Sunset
Crossing Rd. Also, some motorists are still making
u -turns in that location, ignoring the posted "No
11 -turn signs. VC/Gravdahl also pointed out that
there is not a need for a crossing guard at the
intersection of Golden Springs Dr./Sunset Crossing
Rd. because the traffic light is quite effective.
The heavy trucks go down Temple Ave., not Golden
Springs Dr., and a "No Truck Route" sign at Temple
Ave. and Golden Springs Dr. should alleviate any
traffic count problem so that the crossing guard
can be better located.
Chair/Chavers inquired when the item of
reevaluating crossing guard locations will be
brought before the Commission.
June 10, 1993 Page 2
SE/Liu stated that the issue will be brought before
the Commission around October of 1993, after the
school year begins so as to allow staff an
opportunity to collect the necessary data to
present before the Commission.
C/Ury thanked MPT/Papen for the invitation extended
to the Commission to join in the Metrolink tour.
He also thanked the Sheriff Department on the
invitation to their Open House June 12, 1993 from
10:00 a.m. to 3:00 p.m.
Chair/Chavers suggested that each Commission member
contact the City Council to urge them to place the
issue of the access road to the proposed Diamond
Ranch High School as an agenda item for discussion.
He also suggested that the Commission continue to
provide input to the City Council to support a
Tonner Canyon transportation corridor as a
necessary component of the General Plan.
CONSENT CALENDAR:Chair/Chavers pulled item A from the Consent
Calendar to allow for public comment.
Install stop
The Department of Public Works received a request
signs at
from a resident to install stop signs on Newbury
Newbury Way,
Way, Benfield Place, and Wynnewood Drive at Leyland
Benfield Place,
Drive, and to install speed limit and "Deer
and Wynnewood Dr,Crossing"
signs on Leyland Drive south of Benfield
at Leyland Dr.,
Place to discourage speeding on Leyland Drive.
and speed limit
Botts Dots were installed last year in front of 864
and "Deer
Leyland Drive between Benfield place and Wynnewood
Crossing" signs
Drive to address residents and City's concern for
on Leyland Dr.
traffic safety. As required by Section 21800 (b)
(1) of the California Vehicle Code, motorists on
the subject T -intersections are required to yield
the right-of-way to the traffic stream on Leyland
Drive. Furthermore, information provided by the
Walnut Sheriff Station indicated that no accident
was reported in the subject vicinity during the
past four years. However, to potentially reduce
reported excessive speed and promote safety, a "25
MPH" speed limit sign could be installed as an
additional traffic control measure. Also, the
Pomona Valley Humane Society has no official record
of any deer sighting in the vicinity of Leyland
Drive, therefore, the "Deer Crossing" signs would
not be warranted at this time. It is recommended
that the Commission deny the request to install
stop signs on Newbury Way, Benfield Place, and
Wynnewood Drive at Leyland Drive, and "Deer
Crossing" signs on Leyland Drive, but to approve
the installation of a "25 MPH" speed limit sign in
the vicinity of Wynnewood Drive/Leyland Drive.
June 10, 1993
Page 3
Perry Ahn, residing at 845 S. Leyland Drive, a
Deputy Sheriff at the Lynwood Station, expressed
his concern for the excessive speed traveled on
Leyland Drive. There needs to be more traffic
control signs in the area. He recommended a "25
MPH" sign in the vicinity of High Crest/Leyland Dr.
southbound, and stop signs at the indicated
intersections because motorists are failing to
yield as required. He also pointed out that deer
have been seen in the area during the mornings.
SE/Liu, in response to C/Ury, explained that the
Pomona Valley Humane Society report indicates that
there have been sightings in other areas of the
City, mostly during the months of March and April,
but not in the vicinity of Leyland Drive. However,
calls received from individuals, reporting
sightings, are not documented.
Chair/Chavers noted that the current traffic
control devices in that neighborhood seem to have
been randomly located. Depending upon how Leyland
Drive is classified, stop signs could be installed
at Wynnewood Drive, Benfield Place, and Newbury Way
because it is common engineering practice to
install stop signs on a residential street tying
into a collector street. There also appears to be
a need for a stop sign at Goldrush Drive at High
Crest Drive.
SE/Liu, in response to C/Ury, stated that the stop
signs are not warranted under the California
Vehicle Code. Leyland Drive is classified as a
minor collector street.
Chair/Chavers noted that there are inconsistencies
regarding the locations of the traffic control
devices that need further review. He then
suggested that a "25 MPH" speed limit sign be
installed both northbound and southbound between
Benfield and Newbury Drive.
VC/Gravdahl suggeste
development of Pantei
construction of an elei
recommendation for a "
approved, but that the
back to the Commission
the conditions at that
1, with the proposed
a Park and the proposed
entary school, that staff's
15 MPH" speed limit sign be
remaining issues be brought
in 3 to 4 months to review
point in time.
Motion was made by C/Ury, seconded by VC/Gravdahl
and CARRIED UNANIMOUSLY to direct staff to install
"25 MPH" signs both northbound and southbound on
Leyland Drive, at a location to be determined by
June 10, 1993 Page 4
staff, and to approve staff's recommendation to
deny the request for a "Deer Crossing" and stop
signs installation, with the understanding that
there will be a broader review of the progress of
the proposed projects to occur in the area, and
brought back to the Commission in approximately 90
days with either a recommendation or an update.
ROLL CALL:
AYES: COMMISSIONERS: Ury, Cheng, VC/Gravdahl,
and Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Beke.
Chair/Chavers requested staff to provide the
Commission with an update regarding the Pantera
Park.
OLD BUSINESS:
Request to
SE/Liu reported that the Commission requested
restrict
staff, at the May 13, 1993 meeting, in regards to
parking in front
the request to restrict parking (No parking, 8:00
of Shea
a.m.-6:00 p.m., Monday -Friday) on the west side of
Business Center
Brea Canyon Road south of Washington Street, to
research with the City Attorney and the Sheriff's
Department whether the Order adopted by the County
in 1979 for the existing 2 -hour time limit parking
prevails over City of Diamond Bar's Ordinance No. 4
(1990) which restricts parking, stopping, or
standing of a commercial vehicle for more than 1/2
hour on any street located within the City of
Diamond Bar in a commercial or industrial zone,
except when loading/unloading property for such
time as is necessary. The City Attorney has
advised staff that the Diamond Bar Ordinance No. 4
(1990) does prevail over the County Order allowing
a 2 -hour parking limit. The City requested a
written consensus from the businesses within the
center through Shea Business Properties regarding
the request to restrict parking. Staff received a
letter from the property owner indicating their
desire to maintain the current 2 -hour parking
limit. It is recommended that the Commission deny
the request to restrict parking (No parking, 8:00
a.m.-6:00 p.m., Monday -Friday) on the west side of
Brea Canyon Road south of Washington Street, and
that the existing "2 -hour parking" signs be
supplemented with "30 -minute commercial vehicle
parking limit" signs as dictated by the City of
Diamond Bar Ordinance No. 4 (1990).
June 10, 1993 Page 5
Motion was made by Chair/Chavers, seconded by C/Ury
and CARRIED UNANIMOUSLY to accept staff's
recommendation.
ROLL CALL:
AYES: COMMISSIONERS: Ury, Cheng, VC/Gravdahl,
and Chair/Chavers.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Beke.
ITEMS FROM C/Ury noted that the traffic northbound Diamond Bar
COMMISSIONERS: Blvd. seems to have decreased since the
installation of the "No Right Turn" signs on
Rolling Knoll Rd.
VC/Gravdahl stated that CalTrans traffic signal at
the 57 off ramp at Diamond Bar Blvd. won't trip to
green, for the last 4 Sundays, for the southbound
traffic.
ITEMS FROM SE/Liu reported that Diamond Bar will provide free
STAFF: shuttle service from 4 locations, as indicated in
the attached flyer to the Industry's Metrolink
Station.
Chair/Chavers suggested that the service also
connect with Chino Hills.
INFORMATIONAL SE/Liu reported that the item regarding "No Right
ITEMS: Turn" signs on Rolling Knoll Road and Country View
Drive at Grand Avenue will be presented to the City
council at the June 15, 1993 meeting. Staff will
be recommending the following two options: (1).
install double right -turn lanes on northbound
Diamond Bar Blvd. at Grand Ave., in which one lane
would be right turn only and one would have a
through option, and allowing the "No Right -Turn"
signs to remain but reducing the hours to 4:00 p.m.
to 6:00 p.m.; (2). install double right -turn lanes
on northbound Diamond Bar Blvd. at Grand Ave., in
which one lane would be right turn only and one
would have a through option, leaving the "No Right
Turn" sign at Country View Dr. but removing the "No
Right Turn" at Rolling Knoll Rd. and replacing it
with a "No Right Turn on Red" sign, and in addition
change the signal timing to maximize the green time
on Grand Avenue and minimize the green time on
Rolling Knoll Rd. between the hours of 4:00 p.m.
and 6:00 p.m. Staff will also include in the
report that the Traffic and Transportation
Commission believes that the current signs should
stay in place. Staff is also requesting the
June 10, 1993
ADJOURNMENT:
Page 6
Council to authorize staff to conduct a signal
timing and phasing study on Grand Avenue from the
57 freeway to the easterly City limits.
Chair/Chavers pointed out that no benefit will be
gained by making a shared movement out of one of
the lanes on Diamond Bar Blvd. if the demand on the
right turn lane and the through lane is equal.
SE/Liu reported that staff will also be presenting
to the Council, at the June 15th meeting, a
recommendation to approve the plans and
specification for the Golden Springs Rd.
reconstruction project between Grand Avenue and
Brea Canyon Rd.
Motion was made by Chair/Chavers,
C/Cheng and CARRIED UNANIMOUSLY to
meeting at 7:55 p.m. to July 15, 1993'.
Respectively,
/$f David G_ Liu
David G. Liu
Secretary
Attest:
ls/ J. Todd Chavers
J. Todd Chavers
Chairman
seconded by
adjourn the
CITY OF DIAMOND DAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
JULY 15, 1993
CALL TO ORDER: AA/Aberra stated that at 6:31 p.m., due to a lack
of a quorum of the Traffic and Transportation
Commission, this noticed meeting of July 15, 1993
is being adjourned at 6:32 p.m. to be continued to
the meeting of August 12, 1993 at 6:30 p.m. at the
South Coast Air Quality Management District Room,
21865 East Copley Drive, Diamond Bar, California.
Respectively,
&�i�
- 'L'fa'� TsedKy Abeiira
Secretary
Attest:
Liz Meyers
Contract Secretary
£'ITV dI' ISIXU810% IlAI!
AGENDA REPORT
AGENDA NO.77
TO: Terrence L. Belanger, City Manager
MEETING DATE: September 7, 1993 REPORT DATE: August 27, 1993
FROM: George A. Wentz, Interim City Engineer
TITLE: Traffic Signal Installation at Pathfinder Road and Brea Canyon Road
SUMMARY: On July 20, 1993, the City Council authorized staff to advertise for bids for the installation of
traffic signal at Pathfinder Road and Brea Canyon Road. At this time, the City proposes to award a contract
to the lowest responsible bidder, Macadee Electrical Construction.
RECOMMENDATION: It is recommended that the City Council award a contract to Macadee Electrical
Construction in the amount not -to -exceed $63,911.00 and provide a contingency of $6,400.00.
LIST OF ATTACHMENTS: X Staff Report
_ Resolution(s)
Ordinances(s)
X Agreement(s)
EXTERNAL DISTRIBUTION:
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
Bid Specifications (on file in City Clerk's office)
_ Other:
1.
Has the resolution, ordinance or agreement been reviewed
_ Yes X No
by the City Attorney?
2.
Does the report require a majority or 4/5 vote?
Majority
3.
Has environmental impact been assessed?
_ Yes X No
4.
Has the report been reviewed by a Commission?
Yes X No
Which Commission?
_
5.
Are other departments affected by the report?
_ Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrence L. Belan r David G. Liu
City Manager Senior Engineer
CITY COUNCIL REPORT
AGENDA NO.
MEETING DATE: September 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Traffic Signal Installation at Pathfinder Road and Brea Canyon
Road
ISSUE STATEMENT:
The City proposes to award a contract for the installation of traffic signal
at the intersection of Pathfinder Road and Brea Canyon Road to Macadee
Electrical Construction, the lowest responsible and most qualified bidder.
RECOMMENDATION:
It is recommended that the City Council receive the bids and award the
proposed contract to Macadee Electrical Construction for the installation of
traffic signal on Pathfinder Road and Brea Canyon Road in an amount not -to -
exceed $63,911.00. Further, it is recommended that the Council authorize a
contingency amount of $6,400.00 for project change orders to be approved by
the City Manager.
FINANCIAL SUMMARY:
The total allocated project budget is $160,000 of Gas Tax Fund.
BACKGROUND:
On July 20, 1993, the City Council authorized staff to advertise and receive
bids for the installation of a traffic signal at the intersection of
Pathfinder Road and Brea Canyon Road. In response to the advertisements, a
total of thirteen (13) contractors obtained plans and specifications for the
project.
DISCUSSION:
Formal bids were received and opened on August 17, 1993 from seven (7) firms.
The bid proposal included traffic signal construction, signing and striping
plus alternate bid item for thermoplastic markings in place of painted
markings.
Pathfinder Read & Bre& C&riynn Dnad
September 7, 1993
Page Two
The bids received were as follows:
COMPANY
1. Macadee Electrical
Construction
2. Signal Maintenance, Inc.
3. Skip's Electric, Inc.
4. Steiny and Company, Inc.
5. Paul Gardner Corporation
6. California Electrical Services
7. C.T. & F., Inc.
BASE BID AMOUNT
$62,969.00
$71,479.00
$74,936.00
$75,116.00
$75,447.00
$84,154.40
$89,219.76
ALTERNATE "A"
BID AMOUNT
(THERMOPLASTIC
MARKING)
$63,911.00
$72,409.00
$75,861.00
$75,982.00
$76,470.60
$85,274.40
$90,122.76
Based on the bids received, staff believes that the thermoplastic marking
option should be selected. This alternative offers longevity and consistent
quality. The material is composed of pigment, filler, resins, and glass
beads.
The bid of $63,911.00 submitted by Macadee Electrical Construction has been
determined by staff to be the lowest responsible bid. The engineer's
estimate for the construction was $75,000.
It is anticipated that the construction will begin on November 8, 1993 and be
completed by the and of December.
Prepared By:
David G. Liu
KNOW ALL MEN BY THESE PRESENTS: That the following agreement
is made and entered into, in duplicate, as of the date executed by
the Mayor and the City Attorney, by and between
Macadee Electrical Costruction hereinafter
referred to as the"CONTRACTOR" and the City of Diamond Bar,
California, hereinafter referred to as "CITY."
WHEREAS, pursuant to the City's request for proposals, bids
were received, opened and declared; and
WHEREAS, City did accept the bid of Contractor
Macadee Electrical Construction and;
WHEREAS, City has authorized the City Clerk and Mayor to
enter into a written contract with Contractor for furnishing
labor, equipment and material for the Traffic Signal Construction
at Pathfinder Road and Brea Canyon Road in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: Contractor shall furnish all
necessary labor, tools, materials, appliances, and equipment for
and do the work for the Traffic Signal Construction at Pathfinder
Road and Brea Canyon Road. Said work to be performed in accordance
with specifications and standards on file in the office of the City
Clerk and in accordance with bid prices hereinafter mentioned and
in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY•
The aforesaid specifications are incorporated herein by reference
thereto and made a part hereof with like force and effect as if all
of said documents were set forth in full herein. Said documents,
together with this written agreement, shall constitute the contract
between the parties. This contract is intended to require a
complete and finished piece of work and anything necessary to
complete the work properly and in accordance with the law and
lawful governmental regulations shall be performed by the
Contractor whether set out specifically in the contract or not.
Should it be ascertained that any inconsistency exists between the
aforesaid documents and this written agreement, the provisions of
this written agreement shall control.
�stele) Zy�..:_ .
The undersigned bidder agrees to execute the contract
within ten (10) calendar days from the date of notice of award of
the contract or upon notice by City after ten (10) calendar days
from the date of notice of award of the contract or upon notice by
1
City after the 10 calendar days, and to complete his portion of the
work within eighty (80) calendar days from the execution of the
first contract. The bidder agrees further to the assessment of
liquidated damages in the amount of two -hundred fifty ($250.00)
dollars for each calendar day the work remains incomplete beyond
the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the Contractor
under this contract. Progress payments made after the scheduled
date of completion shall not constitute a waiver of liquidated
damages.
4. INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all insurance required
hereunder in a company or companies acceptable to City nor shall
the Contractor allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has
been obtained. The Contractor shall take out and maintain at all
times during the life of this contract the following policies of
insurance:
a. Compensation Insurance: Before beginning work, the
Contractor shall furnish to the City a certificate
of insurance as proof that he has taken out full
compensation insurance for all persons whom he may
employ directly or through subcontractors in
carrying out the work specified herein, in accord-
ance with the laws of the State of California.
Such insurance shall be maintained in full force
and effect during the period covered by this
contract.
In accordance with the provisions of Section 3700
of the California Labor Code, every contractor
shall secure the payment of compensation to his
employees. Contractor, prior to commencing work,
shall sign and file with the City a certification
as follows:
"I am aware of the provisions of Section 3700 of
the Labor Code which require every employer to be
insured against liability for workers' compensation
or to undertake self insurance in accordance with
the provisions of that Code, and I will comply with
such provisions before commencing the performance
of work of this contract."
b. For all operations of the Contractor or any sub-
contractor in performing the work provided for
herein, insurance with the following minimum limits
and coverage:
W,
1) Public Liability - Bodily Injury (not auto)
$500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto)
$250,000 each person; $500,000 aggregate.
3) Contractor's Protective - Bodily Injury
$500,000 each person; $1,000,000 each
accident.
4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each
person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each
accident.
C. Each such policy of insurance provided for in
paragraph b. shall:
1) Be issued by an insurance company approved in
writing by City, which is qualified to do
business in the State of California.
2) Name as additional insured the City of Diamond
Bar, its officers, agents and employees, and
any other parties specified in the bid
documents to be so included;
3) Specify.it acts as primary insurance and that
no insurance held or owned by the designated
additional insured shall be called upon to
cover a loss under said policy;
4) Contain a clause substantially in the
following words:
"It is hereby understood and agreed that this
policy may not be canceled nor the amount of
the coverage thereof reduced until thirty (30)
days after receipt by City of a written notice
of such cancellation or reduction of coverage
as evidenced by receipt of a registered
letter."
5) Otherwise be in a form satisfactory to the
City.
3
d. The policy of insurance provided for in
subparagraph a. shall contain an endorsement which:
1) Waives all right of subrogation against all
persons and entities specified in subparagraph
4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided
for in paragraph b. by reason of any claim
arising out of or connected with the
operations of Contractor or any subcontractor
in performing the work provided for herein;
2) Provides it shall not be canceled or altered
without thirty (30) days' written notice
thereof given to City by registered mail.
e. The Contractor shall, at the time of the execution
of the contract, present the original policies of
insurance required in paragraphs a. and b. hereof,
or present a certificate of the insurance company,
showing the issuance of such insurance, and the
additional insureds and other provisions required
herein.
5. PREVAILING WAGE: Notice is hereby given that in
accordance with the provisions of California Labor Code, Division
2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required
to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public
works is performed, and not less than the general prevailing rate
of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State
of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk
of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive,
Diamond Bar, California, and are available to any interested party
on request. City also shall cause a copy of such determinations to
be posted at the job site.
The Contractor shall forfeit, as penalty to City, not
more than twenty-five dollars ($25.00) for each laborer, workman or
mechanic employed for each calendar day or portion thereof, if such
laborer, workman or mechanic is paid less than the general pre-
vailing rate of wages hereinbefore stipulated for any work done
under the attached contract, by him or by any subcontractor under
him, in violation of the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the
provisions of Section 1777.5 of the Labor Code as amended by
Chapter 971, Statutes of 1939, and in accordance with the
4
regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the prosecution of the
work.
Attention is directed to the provisions in Section 1777.5
of the Labor Code concerning the employment of apprentices by the
Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or
subcontractor employing tradesmen in any apprenticeable occupation
to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship
program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen
that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one
to five except:
a. When unemployment in the area of coverage by the
joint apprenticeship committee has exceeded an
average of 15 percent in the 90 days prior to the
request for certificate, or
b. When the number of apprentices in training in the
area exceeds a ratio of one to five, or
C. When the trade can show that it is replacing at
least 1/30 of its membership through apprenticeship
training on an annual basis statewide or locally,
or
d. When the Contractor provides evidence that he
employs registered apprentices on all of his
contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contribution to funds
established for the administrative of apprenticeship programs if he
employs registered apprentices or journeymen in any apprenticeable
trade on such contracts and if other contractors on the public
works site are making such contributions.
The Contractor and subcontractor under him shall comply
with the requirements of Sections 1777.5 and 1777.6 in the
employment of apprentices.
Information relative to apprenticeship standards, wage
schedules and other requirements may be obtained from the Director
of Industrial Relations, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
5
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall
constitute a legal day's work for all workmen employed in the
execution of this contract, and the Contractor and any sub-
contractor under him shall comply with and be governed by the laws
of the State of California having to do with working hours set
forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code
of the State of California as amended.
The Contractor shall forfeit, as a penalty to City,
twenty-five dollars ($25.00) for each laborer, workman or mechanic
employed in the execution of the contract, by him or any sub-
contractor under him, upon any of the work hereinbefore mentioned,
for each calendar day during which said laborer, workman or
mechanic is required or permitted to labor more than eight (8)
hours in violation of said Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay
travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its
officers, agents and employees shall not be answerable or account-
able in any manner for any loss or damage that may happen to the
work or any part thereof, or for any of the materials or other
things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen employees of the
Contractor, of his subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out
of or in connection with the performance of the work. The
Contractor shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from
any cause whatsoever, except the sole negligence or willful mis-
conduct of City, its employees, servants or independent contrac-
tors who are directly responsible to City during the progress of
the work or at any time before its completion and final acceptance.
The Contractor will indemnify City against and will hold
and save City harmless from any and all actions, claims, damages to
persons or property, penalties, obligations or liabilities that may
be asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organization arising out of or in
connection with the work, operation, or activities of the
Contractor, his agents, employees, subcontractors or invitees pro-
vided for herein, whether or not there is concurrent passive or
active negligence on the part of City, but excluding such actions,
claims, damages to persons or property, penalties, obligations, or
liabilities arising from the sole negligence or willful misconduct
of City, its employees, servants or independent contractors who are
directly responsible to City, and in connection therewith:
6
a. The Contractor will defend any action or actions
filed in connection with any of said claims,
damages, penalties, obligations or liabilities and
will pay all costs and expenses, including
attorneys' fees incurred in connection therewith.
b. The Contractor will promptly pay any judgment
rendered against the Contractor or City covering
such claims, damages, penalties, obligations and
liabilities arising out of or in connection with
such work, operations or activities of the
Contractor hereunder, and the Contractor agrees to
save and hold the City harmless therefrom.
C. In the event City, without fault, is made a party
to any action or proceeding filed or prosecuted
against the Contractor for damages or other claims
arising out of or in connection with the work,
operation or activities of the Contractor
hereunder, the Contractor agrees to pay to City and
any all costs and expenses incurred by City in such
action or proceeding together with reasonable
attorneys' fees.
So much of the money due to the Contractor under and by
virtue of the contract as shall be considered necessary by City may
be retained by City until disposition has been made of such actions
or claims for damages as aforesaid.
10. NON-DISCRIMINATION: No discrimination shall be made in
the employment of persons upon public works because of the race,
color or religion of such persons, and every contractor for public
works violating this section is subject to all the penalties
imposed for a violation of Division 2, Part 7, Chapter 1 of the
Labor Code in accordance with the provisions of Section 1735 of
said Code.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the
Contractor for furnishing all material and doing the prescribed
work the unit prices set forth in the Price Schedule in accordance
with Contractor's Proposal dated August 17, 1993.
12. ATTORNEY'S FEES: In the event that any action or
proceeding is brought by either party to enforce any term of
provision of the Agreement, the prevailing party shall recover its
reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This Agreement may be terminated by the
City upon the giving of a written "Notice of Termination" to
Contractor at least thirty (30) days prior to the date of
termination specified in said notice. In the event of such
7
termination, Contractor shall only be paid for services rendered
and expenses necessarily incurred prior to the effective date of
termination.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed with all the formalities required by
law on the respective dates set forth opposite their signatures.
State of California
Contractor's License No. 583125
Macadee Electrical Construction
14771 Cherry Circle
Date
By:
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
MAYOR
By:
Date
CITY CLERK
Contractor's Business Phone (909) 597-8348
Emergency Phone at which
Contractor can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
8
PARKS AND RECREATION COMMISSION
The Parks and Recreation Commission is composed of five Diamond Bar residents who are
interested in the recreation and leisure activities of their community. The Commission acts in an
advisory capacity to the City Council and strives to provide opportunities in which the
community residents can interact.
The Commission meets on the fourth Thursday of each month at the AQMD Hearing Room, at
21865 E. Copley Drive, at 7:00 p.m. The public is encouraged to attend.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ESTABLISHING POLICIES, PROCEDURES AND
REGULATIONS FOR THE USE OF FACILITIES OPERATED
BY THE CITY OF DIAMOND BAR
A. Recitals.
(i) Park facilities in the City of Diamond Bar are intended for public use;
(ii) For efficient and orderly use, it is necessary to establish park, athletic
and facility use policies, procedures and regulations which include a reservation
system
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Diamond Bar that:
1. The following public facilities and fields shall be governed by the policies
described in the Park, Athletic and Facility Policies, Regulations and Procedures.
a. Heritage Park
b. Heritage Park Community Center
C. Maple Hill Park
d. Paul C. Grow Park
e. Carlton J. Peterson Park
f. Ronald Reagan Park
g. Starshine Park
h. Summit Ridge Park
i. Sycamore Canyon Park
j. Any other buildings that may be developed in the future for public
use.
2. All scheduling of public facilities shall be the responsibility of the City
Manager or his designee acting under the authority granted by the City
Council. All facility uses shall be in accordance with the policies,
procedures and regulations attached.
3. City sponsored or co-sponsored activities will take priority over any
private use.
4. The City Council determines that "Park, Athletic and Facility Policies,
Regulations and Procedures", attached hereto as Exhibit A, is incorporated
herein by this reference as though set forth in full.
5. Any or all provisions in the attached policies, procedures and regulations
may be waived by action of the City Council.
PASSED, APPROVED AND ADOPTED this day of , 1993.
Mayor
ATTEST:
CITY CLERK
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved and adopted at
a regular meeting of the City Council of the City of Diamond Bar held on the
day of , 199_ , by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
PARK, ATHLETIC AND FACILITY
POLICIES, REGULATIONS AND PROCEDURES
Recommended by
Parks and Recreation Commission
September 2, 1993
Diamond Bar City Hall
21660 E. Copley, Suite 100
(909) 396-5690
CITY OF DIAMOND BAR _
AGCNDA ncronr 1_kALIN&Jd
TO: Honorable Mayor and Members of the City Council
MEETING DATE: September 7, 1993 REPORT DATE: September 3, 1993
FROM: Terrence L. Belanger, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING A SERVICE CHARGE FOR MAINTAINING A PUBLIC NUISANCE
ALARM SYSTEM.
SUMMARY: On average, the Walnut/San Dimas Sheriff's Stations spend in excess of 9,500 man-
hours a year responding to false alarms. In the City of Diamond Bar alone there were over 3,000
false alarms reported last year accounting for 2977 man-hours. At an estimated cost of $36.25
per Sheriff's unit, false alarms account for over $223,000 a year. A service charge of $125.00,
assessed upon any alarm owner whose alarm system generates three (3) or more false alarms in
a twelve (12) month period, should raise approximately $250,000 to offset the law enforcement
costs for responding to false alarms, as well as the City's administrative costs for implementing the
provisions of Ordinance 04 (1993).
RECOMMENDATION: It is recommended that the City Council approve Resolution No. 93 -XX
establishing a service charge for maintaining a public nuisance alarm.
LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification
X Resolution(s) _ Bid Specification
_ Ordinances(s)
_ Agreement(s)
Other
SUBMITTAL CHECKLIST:
1. Has the resolution, ordinance or agreement been
by the City Attorney?
2. Does the report require a majority or 4/5 vote?
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission?
Which Commission?
5. Are other departments affected by the report?
reviewed X Yes No
MAJORITY
N/A _ Yes _ No
Yes X No
Report discussed with the following affected departments:
REVIEWED BY:
Terrdnce L. Belange Troy L: IRutzlaff
City Manager `„ Assist t to the Cit Ma er
X Yes _ No
r rry e61LuwC1F1L_ urpnu-r
AGENDA NO.
MEETING DATE: September 7, 1993
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING A SERVICE CHARGE FOR MAINTAINING A PUBLIC
NUISANCE ALARM SYSTEM.
ISSUE STATEMENT:
The Los Angeles County Sheriff's Department indicates that there were 3,080
burglary and robbery alarms in the City of Diamond Bar between June 1992 and
May 1993. Given an average response and handling time of twenty-nine (29)
minutes for each alarm, combined with the typical assignment of two patrol
units at an average cost of $36.25 per unit, false alarms accounted for more
than 2977 man-hours and cost the City over $232,000.
ION:
It is recommended that the City Council approve Resolution No. 93 -XX
establishing a service charge for maintaining a public nuisance alarm.
FINANCIAL SUMMARY:
On average, the Walnut/San Dimas Sheriff's Stations spend in excess of 9,500
man-hours a year responding to false alarms. In the City of Diamond Bar
alone there were over 3,000 false alarms reported last year accounting for
2977 man-hours. At an estimated cost of $36.25 per Sheriff's unit, false
alarms account for over $223,000 a year. A service charge of $125.00,
assessed upon any alarm owner whose alarm system generates three (3) or more
false alarms in a twelve (12) month period, should raise approximately
$250,000 to offset the law enforcement costs for responding to false alarms,
as well as the City's administrative costs for implementing the provisions of
Ordinance 04 (1993).
BACKGROUND:
The City Council has heretofore adopted Ordinance 04 (1993) setting forth
requirements and standards relating to public safety alarm systems. Section
3.9.0 of this Ordinance provides that the City Council may levy a service
charge, in an amount prescribed by Resolution, to any person maintaining a
alarm which generates three (3) or more false alarms in a twelve (12) month
period.
Staff believes that the adoption of a service charge concomitant with the
cost of providing law enforcement services for responding to a public
nuisance alarm is in the public's best interest in that it: (1) eliminates
unnecessary waste of tax dollars through emergency response to false alarms;
and (2) provides alarm owners with a direct financial incentive to deal
directly with the problem of false alarms and formulate their own ideas,
solutions, and mitigation measures to prevent false alarms from occurring
time and time again.
DISCUSSION:
Staff has been in contact with several cities in the surrounding area to
determine if they have enacted ordinances providing for the collection of
fees for costs incurred due to repeated false alarms. Of the ten cities
contacted, nine of them have ordinances that provide for the assessment of a
service charge to an alarm owner that exceeds the permitted number of false
alarms during a given period of time. The following is a breakdown of those
cities that have alarm ordinances, the number permitted false alarms by time
period, and the fee that is assessed for each false alarm in excess of the
permitted number of alarms:
CITY NAME FALSE ALARMS PERMITTED SERVICE CHARGE/PENALTY
Chino Hills
2 per fiscal year
N/A
3 alarms in fiscal year
$25.00
4 alarms in fiscal year
$50.00
5 alarms in fiscal year
$75.00
6 or more alarms
$100.00
Claremont
3 every six months
N/A
4
or more in six months
$100.00
Glendora 4
per twelve month period
N/A
5 or
more per twelve month period
$50.00
La Verne 3
per twelve month period
N/A
4
alarms in twelve months
$35.00
5
alarms in twelve months
$75.00
6
alarms in twelve months
$150.00
7 or more alarms
Misdemeanor
Pomona
2 per calendar year
N/A
3 alarms in calendar year
$25.00
4 alarms in calendar year
$50.00
5 alarms in calendar year
$75.00
6 alarms in calendar year
$100.00
San Dimas
Upland
Walnut
SERVICE CHARGE
3 per twelve month period
4 or more in twelve month period
3 per calendar year
4 alarms in calendar year
5 alarms in calendar year
6 or more alarms
3 per twelve month period
4 or more in twelve month period
N/A
Misdemeanor
N/A
$40.00
$65.00
$90.00
N/A
Misdemeanor
According to information provided by the Sheriff's Department, it is
estimated that about two-thirds of all reported false alarms are of a second
or subsequent alarm call in nature. Assuming that there were 3080 reported
false alarms in the City last year, this would mean that 2051 required a
second or subsequent Sheriff's Department response.
It is estimated that the cvst of raapvnding tv fcaiw ._- -.moo---
$223,000 a year. This figure doesn't include any administrative cost that
may be incurred by the City or Sheriff's Department. These costs include,
but are not limited to: data entry of alarm calls, alarm tracking, report
generation, alarm owner notification of false alarm response, computerized
billing, systematic collection of service charges from alarm owners for
violation of the City's Ordinance, and public information on the City's
Ordinance.
While a concerted effort between the City and Sheriff's Department could help
minimize many of the administrative costs associated with false alarms, it
will require approximately ten to fifteen hours per month per agency to
provide an efficient process to manage the City's false alarm response
program. The following is a breakdown of the estimated annual cost to
administer the City's false alarm Ordinance:
LAW ENFORCEMENT COST
Response
Two patrol units at $36.25/unit/3200 alarms/yr
Administration
Community Service Officer (20 hrs/month @$8.60/hr/yr)
Community Relations Officer (12 hrs/month @$25.00/hr/yr)
CITY COST
Administration
Accounting Manager (5 hrs/month @$24.59/hr/yr)
Account Clerk I (10 hrs/month @ $12.51/hr/yr)
Printing (i.e., registration cards, doorhangers,
notification letters, invoices)
Postage (3200 notices per year at $0.29/notice)
TOTAL COST
1 Assumes an average of 3200 alarms per year.
1
$232,000.00
$2,064.00
$3,600.00
$1,475.00
$1,501.00
$1,500.00
$ 928.00
$243,068.00
In determining the service fee to be assessed, staff recommends that a flat
fee of $125.00 be charged to any person operating an alarm system that
generates three (3) or more false alarms in a twelve (12) month period.
Assuming that only 2000 of all false alarms occurring in the City are subject
to a service charge, this fee should raise approximately $250,000 to help
defray the costs of providing law enforcement services and any other
administrative costs that the City may incur in administering the provisions
of the false alarm Ordinance.
Alternatively, the City Council could adopt a graduated fee schedule based on
the actual number of false alarms generated in a twelve (12) month period.
Under this scheme, an alarm owner, with repeat violations, would be charged
a graduated fee based on the numver or raise alarms. Tnii� ayrc Y1a��o
the cost of services directly on the those who are the beneficiaries of the
service and does not burden the general taxpayer. In addition, the graduated
nature of this fee should provide alarm owners with a compelling financial
disincentive to having repeated false alarms. While this type of fee would
raise ample revenues to offset the City's cost for enforcing the false alarm
ordinance, it is subject to legal challenge and may not be legally
defensible. Therefore, staff doesn't recommend this type of fee system.
However, should the City Council prefers a graduated fee schedule, staff
would recommend that the fees be set as close to actual cost of providing
the service as possible.
PREPARED BY:
Troy L:\,\Butzl&tlf '
Assista to the City Manager
RESOLUTION NO. 93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING A SERVICE CHARGE FOR MAINTAINING A
PUBLIC NUISANCE ALARM SYSTEM.
A. Recitals.
(i) Alarm systems are very prone to be activated by
electrical failures or other events having no connection with
criminal activity;
(ii) Millions of hours of valuable police time are wasted
each year answering false alarms. This deprives those that
genuinely have emergencies from getting needed assistance and
places law enforcement and other safety personnel at great risk.
(iii) The City Council has heretofore adopted Ordinance 04
(1993) setting forth requirements and standards relating to public
safety alarm systems in order to curtail the rate of false alarms
occurring in the City and to protect law enforcement and other
safety personnel from needless risks to their safety;
(iv) Section 3.9.0 of this Ordinance states that any
alarm system generating three (3) or more false alarm in any twelve
(12) month period shall be declared a public nuisance;
(v) The City Council may, pursuant to Section 3.9.0,
assess a service charge, in an amount prescribed by Resolution, to
any person maintaining a public nuisance alarm;
(vi) The City Council has conducted a duly noticed public
hearing pursuant to California Government Code Section 66016 and
concluded said hearing prior to the adoption of this Resolution;
and
(vii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Diamond Bar as follows:
Section 1. In all respects as set forth in the Recitals,
Part A, of this Resolution.
Section 2. The City Council of the City of Diamond Bar
hereby declares that the adoption a service charge for maintaining
a public nuisance alarm is in the public's best interest in that it
eliminates unnecessary waste of tax dollars through emergency
response to false alarms and provides alarm owners with a direct
financial incentive to deal directly with the problem of false
alarms and formulate their own ideas, solutions, and mitigation
measures to prevent false alarms from occurring time and time
again.
Section 3. The City Council of the City of Diamond Bar, by
this Resolution, declares that the service charge for maintaining
a public nuisance alarm, as set forth by Section 3.9.0 of Ordinance
04 (1993), shall be $125.00.
Section 4. This Resolution shall become effective
immediately.
Section 5. The City Clerk shall certify to the adoption of
this Resolution and shall cause the same to be posted in three (3)
public places within the city of Diamond Bar within fifteen (15)
days after its passage in the manner prescribed by Resolution No.
89-6.
ADOPTED AND APPROVED this day of
Mayor
, 1993.
I, LYNDA BURGESS, the City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of Diamond Bar on the 7th,
day of September, 1993, by the following Roll Call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
ATTEST:
Lynda Burgess, City Clerk
City of Diamond Bar
I ,,
TO: Honorable Mayor and Members of City Council
FROM: Terrence L. Belanger, City Manager
RE: Diamond Ranch High School Ground Breaking (Symbolic)
and Celebration: City Funding Support
DATE: September 7, 1993
ISSUE:
Shall the City of Diamond Bar provide funding support, in an amount not to exceed $5,000, related to
a symbolic Diamond Ranch High School ground breaking and community celebration, which is
scheduled for Sunday, October 10, 1993, at Peterson Park.
RECOMMENDATION:
It is recommeded that the City Council allocate $5,000, in the FY93-94 General Fund Budget, to assist
in the funding of the Diamond Ranch High School ground breaking (symbolic) and community
celebration.
DISCUSSION:
In 1992, the City of Diamond Bar, the City of Industry, the Pomona Unified School District, the
Diamond Ranch High School Boosters' Club worked together with Senator Hill and Assemblyman
Horcher to have have successfully passed and signed into law SB1718. This legislation (SB1718)
resulted in the transfer of 70 plus acres of land, located in the Tres Hermans Ranch, from the
Industry Redevelopment Agency to the Pomona Unified School District.
The Diamond Ranch High School is planned to be constructed on this transfered land. In 1991, a
multi-million dollar school construction bond issue was successfully passed, within the Pomona Unified
School District. A portion of that bond issue will be used to fund the construction of Diamond Ranch
High School. The proposed Diamond Ranch High School will serve that portion of Diamond Bar
located within the Pomona Unified School District (PUSD).
Following the transfer of the property to the PUSD, there discussions with members of the Diamond
Ranch High School Boosters Club, members of City staff and members of the Council, regarding the
planning of a community event that would celebrate the reality of a new high school being constructed
in Diamond Bar. At the same time, it was suggested that a symbolic ground breaking ceremony be
conducted; albiet, not on the actual site. A part of the discussions was the possibility that the City of
Diamond Bar could help in funding the event. The response, regarding possible funding, to the event
organizers was positive. It was indicated that $5,000 would be recommended for allocation to such a
celebratory event.
Planning for the Diamond Ranch High School celebration has been going on for several weeks.
Besides the City of Diamond Bar, the City of Pomona, the PUSD and the Diamond Ranch Boosters
Club have all been cooperatively working together in event planning. Recently, the lack of a specific
FY93-94 budgetary allocation for the Diamond Ranch event was brought to the Council's and staffs
attention. The lack of a budgetary allocation was the result of the failure of the staff to include same in
the proposed FY93-94 Municipal Budget. It should be noted that there have been no expenditures
made by the City related to the Diamond Ranch event.
DIAMOND RANCH
SEPTEMBER 7, 1993
PAGE TWO
An additional issue related to event insurance was also raised. The Southern California Joint Powers
Insurance Authority, of which the City of Diamond Bar is a member, does provide single -day, special
event insurance to community groups, which may not have treir own liability insurance, that are using
City -owned facilities. In this case, Peterson Park is the location of the Diamond Ranch event. All
prudent and appropriate insurances will be acquired for the event.
The Diamond Ranch High School ground breaking (symbolic) and celebration is scheduled for Sunday,
October 10, 1993, from 1:00 p.m. to 4:00 p.m., at Peterson Park. Besides the obligatory thank yous
to public agencies, elected officials and community groups and individuals that were contributory to
Diamond Ranch High School becoming a reality, the event will feature music, picnic games,
educational information booths, a Diamond Ranch High School informational booth and food and
beverages. Also, there will be shuttles to transport people from designated locations to and from the
event.
PREPARED BY:
n
"X
Terrence L. Belannr V�
City Manager
NO STAFF REPORT AVAILABLE
RESOLUTION NO. 91-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION
WHEREAS, it is important to the successful operation of
any public organization that standards be established to define the
roles, responsibilities and expectations of the governing board and
staff in the operation of the organization; and
WHEREAS, the establishment of standards. by the City
Council will promote understanding and trust among members of the
City Council and staff concerning their roles, responsibilities and
expectations for the operation of the City; and
WHEREAS, the establishment and periodic review of these
City Council policy standards will assist new members of the City
Council to better understand their role and responsibilities as
Council Members.
NOW, THEREFORE, BE IT RESOLVED by the City of Diamond Bar
as follows:
section i. OPERATION OF CITY COUNCIL MEETINGS
A. The Council shall meet the first and third Tuesdays of each
month, commencing at 6:00 p.m. If the Council desires to
proceed past 11:30 p.m., the Council, at 11:00 p.m., will
determine which issues will be completed at that meeting and
which items will be continued to the next Tuesday meeting.
B. Public Comments are to be scheduled for 6:00 p.m., immediately
following the Flag Salute, Roll Call and Council Comments.
C. No action is to be taken on items raised under Public
Comments. Besides oral requests, citizens. may also be
requested to put concerns in writing, if that the item(s) is
to be agendized, for a later Council meeting date, at the
discretion of the Council and City Manager.
D. At the beginning of the meeting, if there are a number of
people requesting to speak on a particular subject under
Public Comments, the Mayor may request that there be a
spokesperson and that the others limit their comments, speak
at the end of the meeting or contact Council or City Manager.
This does not apply to scheduled agenda items.
COUNCIL STANDARDS
Page Two
section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T)
E. In order to ensure that all members of the public have an
opportunity to speak, pertaining to issues that are not on the
meeting agenda, and that the Council is able to complete the
public's business, there shall be a five-minute limitation on
comments by the public unless otherwise prohibited by law. The
Mayor will be responsible for enforcing the time limits as
suggested. Any Council Member may request an extension of the
five-minute time limitation. If the Council concurs that the
nature of the issue warrants an extension of time, the time
limit may be extended.
F. The Council will not hold a public hearing on items scheduled
under Departmental Reports or Council Concerns. If just one
or two people desire to speak on the item, the Council will
listen to their comments. If more than two persons at the
meeting desire to speak on an item, the Council may reschedule
the item on the agenda of a subsequent meeting.
G. With Council approval, Mayor may schedule Council review of
agenda items out of their prescribed order on the printed
agenda.
H. Significant proposed changes to City ordinances shall be set
for public hearing.
I. The Council Member making a motion shall either restate the
motion or have the City Clerk restate the motion, before the
vote, to clarify the motion for the public and staff.
J. Council Members should not get into a debate with a member of
the public or staff at a Council meeting.
K. The City Council will, on a quarterly basis, agendize and
prioritize those significant items to be scheduled as future
Council study session topics.
L. If an applicant submits a new site plan for a development or
if the City Council requests changes in the submitted site
plan, the public hearing will be continued at least two weeks
to allow time for staff review.
M. Any written correspondence or other materials received at a
City Council meeting (from the public or staff) will be
documented with a receipt time and date by the City Clerk and
distribution indicated. If the City Clerk does not receive a
copy of the written submittal, it will not be considered to
have been received or acted upon by the City Council.
COUNCIL STANDARDS
Page Three
section 1. OPERATION OF CITY COUNCIL MEETINGS ICON'TZ
N. All minutes of City Council meetings shall be composed
utilizing an action -taken format; rather than a transcript
format. All meetings shall be audiotaped, in their entirety,
for Council, public and staff reference. City Council and
Planning Commission tapes shall be retained for two years,
from the date of the meeting. All other Commission and
Committee meeting tapes shall retained, until the approved
minutes of a meeting have been reported to the City Council.
0. Any concerns by a Council Member 'over the performance of a
City employee during a Council meeting should be privately
directed to the City Manager to ensure the concern is properly
addressed.
Section 2.
RELATIONS
A. Individual Council Members will have the right to attend
meetings but are cautioned about becoming involved in the
meeting's discussions and/or violating the Brown Act.
B. Written committee reports will be given - to the Council on
significant committee recommendations and/or actions.
C. New ideas or suggested programs will be presented to the full
Council before presenting to the media.
Section 3. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND
GROUPS
A. If a member of the City Council represents the City before
another governmental agency, organization, the Council Member
will first indicate the majority position of the Council.
Personal opinions and comments may be expressed only if the
Council Member clarifies that these statements do not
represent the position of the City Council.
Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF
A. There will be mutual respect from both staff and Council -
members of their respective roles and responsibilities, when
expressing criticism in public session.
B. In public session, City staff members will address Council
members, utilizing Mayor, Councilman or Councilwoman; and,
Council members will address all staff members, utilizing Mr.
or Ms. rather than the person's first names.
COUNCIL STANDARDS
Page Four
Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF (CON'TL
C. City staff acknowledge that the Council is the City's policy
making body. The City Council acknowledges that staff
administers the Council's policies.
D. The Council, as the overall policy body, holds the City
Manager responsible for the administration of the City
Departments. The overall internal administration by the City
Manager is necessary in order to assure efficient and economic
operations of the various departments per Council direction.
E. The Council will direct the City Manager on all major or new
issues. A Council Member will not initiate any action or have
prepared any report that is significant in nature or initiate
any project or study, without the approval of a majority of
the City Council.
F. All written informational material requested by individual
Council Members will be submitted by staff to all Council -
members with the notation indicating which Council Member-
requested the information.
G. Council will not attempt to coerce or influence staff in the
making of appointments, the awarding of contracts, the
selection of consultants, the processing of development
applications, or the granting of City licenses or permits.
H. Mail that is addressed to the Mayor and City Council will be
circulated by the City Manager to the City Council with a
comment as to which staff person will be assisting the Mayor
and/or Council Member in preparing a response.
I. The Mayor's response, when appropriate and the original
communication, will be submitted to Council members for their
information. Mail addressed to individual Council Members may
be responded to, by that Council Member.
K. Staff team sensitivity and support is important. Once a final
decision is reached by the Council, Planning Commission or
other City body, it will be accepted, supported and
implemented by staff.
section S. LITIGATION AND CONFIDENTIAL INFORMATION
A. City Council Members will keep all written and verbal
information provided on matters that are confidential, under
State law, in strict confidence to insure that the City's
position is not compromised. No dissemination of information
or materials will be made to anyone, except Council Members,
City Attorney, City Manager or Assistant City Manager.
COUNCIL STANDARDS
Page Five
Section 5. LITIGATION AND CONFIDENTIAL INFORMATION ( ON'T
B. If the City Council in closed session has provided direction
to City staff on proposed terms and conditions for any type of
negotiations whether it be related to property acquisition or
disposal, a proposed or pending claims or litigation, and/or
employee negotiations, all contact with the other party will
be the designated City person(s) representing the City in the
handling of the negotiations or litigation. A Council Member
will not have any contact or discussion with the other party
or its representative involved with the negotiation during
this time and will not communicate any discussion conducted in
closed sessions.
section 6. INDIVIDUAL COUNCIL MEMBER RESPO
A. Frequent communication is an important and integral part of
Council relationships and will be the standard of operation.
B. Respect for each individual Council Members interpersonal
style will be a standard of operation. Courtesy and
sensitivity to individual points of view will be a standard
of operation.
C. On areas where Council Members disagree, especially on the
process to be used, discussions will occur to facilitate a
clear direction.
D. Council approach to authority is collegial rather than
individual.
E. Council Members will keep an open mind on all issues.
F. Individual Council Members, on matters pertaining to upcoming
or anticipated items where a public hearing will be held, will
maintain as near neutral position as possible to assure not
only the appearance but the actual degree of openness that is
attendant to our community responsibility.
The City Clerk shall certify to the adoption of this Resolution.
1991.
PASSED, APPROVED AND ADOPTED this 3rd day of December ,
-
COUNCIL STANDARDS
Page Six
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 3rd day of December 3. 1991, by the following
vote:
AYES: COUNCILMEMBERS: Miller, Forbing, M/Kim
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Papen, Werner
ABSTAINED: COUNCILMEMBERS: None
cz��� x5���
LYN BURGESS, City Clerk
City of Diamond Bar
TO: Diamond Bar Cit Council Date: 9 Set. 1993
From: Oscar Law J�--�
Subject: Address to the City Council
Mr. Mayor and City Council Members:
I think it is time once again to give you all a lesson
in Basic Civics 101. We, the people, hire you for your
position through our votes. It is through our votes we
can either extend your contract with us for 1 more term
or if we choose, can fire you and put someone else in your
position.If we think you are messing up badly, we do not
have to wait to the end o your,term of office�c ,
Now, when I say we the people, I do not mean just a select few.
I do not limit this to any group except all those voters
in our city. At least, those that choose to vote.
What has happened is,like I told you all time and time again
, you do not listen to yourses. You go your merry
,o
and do what pleases you all the voters. What I am
referring to is the General Plan Referemdum. Even with a
lot of childish actions on your part, over 4,000 voters
said in effect, lets pu17/the General Plan on the ballot
and let all the voters decide what they --not you --
want for our City for the next 20 years. Some vote of
confidence on the part of the people, eh what?
The voters speak --do you listen? NO!!! You say right
away it wasn't legal the way signatures were gathered
far
because there was not enough paper work pile up.
As as the voters point of view, well we can go to hell.
What should count is the will of the people not your personal
feelings or possible interests.
Does sitting up Fhere give you the feeling that you all
are the Council of God's and you, therefore, should --nof
have the right --to dictate your will on the people? I say
absolutely NO!!! That is not how our forefathers formed
and set up our system of government. You wish to operate
without checks and balances. That is a no,no.
So what do you do? Do you listen to the people? NO!! You
go out and hire lawyers at the city's expense to fight the will
of the voters. God only knows what you will cost the tax
s ;reason for this is you do not li ste
page 2
This will look real good at the ballot box --won't it?
It seems any time you all open your mouths you gove your
opponents more and more ammunition to be used against you.
Now, all of you, act like adults and listen, for a change,
to the people that hired you. If you do not, I can
promise you, you will loose your high, exalted positions.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ESTABLISHING FEES AND CHARGES FOR
RENTAL OF PUBLIC FACILITIES
A. Recitals.
(i) The City Council of the City of Diamond Bar has heretofore established
various schedules of rates, fees and charges, including, but not limited to, rates,
fees and charges for the processing of applications, issuance of permits and related
public services.
(ii) Pursuant to the provisions of the California Constitution and the laws
of the State of California, the City of Diamond Bar is authorized to adopt and
implement rates, fees and charges for municipal services; provided, however, that
such rates, fees and/or charges do not exceed the estimated reasonable cost of
providing such services.
(iii) California Government Code Section 66018 requires notice to be
published in accordance with California Government Code Section 6062a and data
made available concerning rates, fees and charges prior to conducting a public .
hearing with respect to the adoption of increases in rates, fees and charges or the
adoption of new rates, fees and charges for which no other procedure is provided
by law.
(iv) Pursuant to California Government Code Section 66018 this City
Council has conducted and concluded a duly noticed public hearing with respect to
establishing fees for the rental of public facilities.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. Staff has proposed a service charge for rental and use of public facilities
illustrated on the attached fee schedule, which has been determined to be a fair
estimate of the cost to the City for the scheduling and use of the facilities. This
process includes the processing of paper work, utilities and maintenance of the
building.
3. The City Council hereby finds and determines, based upon the
information presented to the City Council concerning the rental of public facilities,
that the cost of providing services is justified and the fees which have been levied
are reasonable. The attached fees are hereby adopted and effective October 7,
1993.
4. Required fees shall be paid prior to the authorized rental of public
facilities.
5. The City Clerk shall certify to the adoption of this Resolution and
provide for appropriate distribution thereof.
PASSED, APPROVED AND ADOPTED this day of , 1993.
Mayor
ATTEST:
CITY CLERK
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do
hereby certify that the foregoing Resolution was passed, approved and adopted at
a regular meeting of the City Council of the City of Diamond Bar held on the
day of , 199_, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
City of Diamond Bar
Community Services Department
21660 E. Copley, Suite 100
Diamond Bar, Ca 91765
(909) 396 - 5690
Name of Individual/Organization:
Name of Responsible Adult:
Address:
City Zip Telephone Number
Request for Use of - Community Room Community Room "A"
Date of use:
_Community Room "B" Activity Room Type of Activity: Hours Requested:
Estimated Attendance: Admission Charge? Yes No
Will alcoholic beverages be served? No Yes
Has an ABC license been requested?
Special equipment needed: Kitchen PA System
Number of Chairs Number of Tables
I certify that I am aware of the rules and regulations pertaining to the use of the Diamond Bar
Heritage Park Community center and that the above statements are true and correct. I under-
stand that any missstatement of omission of material facts may be sufficient cause for cancella-
tion of usage of facility."
Signature/Responsible Adult
City Staff j� Use Only
Room Available?
-City Non -Profit
_private Parties Commercial /Industrial
FEES. Faciltiy$ Deposit$ Security$ Insurance $
TOTAL FEES $ FEES RECEIVED
Refundable Deposit less acousted Fees of $_,_____ Total Rufun,d$
Staff Signature
Date