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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 7, 2003
Resolution No. 2003-55
Ordinance No. (04 ) 2003
CLOSED SESSION: 5:00 p.m., Room CC -8, Government
Center/SCAQMD, 21865 E. Copley Dr., Diamond Bar, CA.
CONFERENCE WITH LEGAL COUNSEL:
GOVERNMENT CODE SECTION 54956.9(b): THREATENED
LITIGATION AGAINST THE CITY — ONE CASE (Letter from Allen
Matkins dated July 7, 2003)
GOVERNMENT CODE SECTION 54956.9(b): THREATENED
LITIGATION AGAINST THE CITY — ONE CASE.
STUDY SESSION: 5:30 p.m., Room CC -8, Government
Center/SCAQMD, 28165 E. Copley Dr., Diamond Bar, CA.
DISCUSSION REGARDING LANDSCAPE MAINTENANCE OF
PRIVATE SLOPES
FUNDING OF IMPROVEMENTS AT STARSHINE PARK
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Reverend Samuel Liu
Mt. Calvary Lutheran Church
ROLL CALL: Council Members Chang, O'Connor, Zirbes,
Mayor Pro Tem Huff, Mayor Herrera
APPROVAL OF AGENDA: Mayor
October 7, 2003 PAGE 2
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Plaque and City Pin to former Planning
Commissioner Joe Ruzicka.
1.2 Proclaiming October 2003 as "Read Together Diamond Bar Month."
1.3 Proclaiming October 2003 as "Fire Prevention Month."
1.4 Introduction of new Public Works staff members Javier Peraza,
Management Analyst and Juan Bermudez, Engineering Intern.
BUSINESS OF THE MONTH:
1.5 Presentation of City Tile to Papa G's Pizza as Business of the Month,
October 2003 and display of Business of the Month video.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: (Growth Visioning
Workshop)
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CALTRANS MONTHLY MEETING — October 8, 2003 — 6:30 p.m.,
Government Center/SCAQMD Room CC -6, 21865 E. Copley Dr.
5.2 SPORTS COMPLEX TASK FORCE - October 9, 2003 - 6:30 p.m.,
Government Center/SCAQMD Room CC -8, 21865 E. Copley Dr.
5.3 TRAFFIC AND TRANSPORTATION COMMISSION — October 9, 2003 —
7:00 p.m., Government Center/SCAQMD Hearing Board Room, 21865 E.
Copley Dr.
October 7, 2003 PAGE 3
5.4 YOUTH MASTER PLAN STEERING COMMITTEE MEETING — October
10, 2003 — 11:00 a.m., Government Center/SCAQMD, Room CC -2, 28165
E. Copley Dr.
5.5 PLANNING COMMISSION MEETING — October 14, 2003 — 7:00 p.m.,
Government Center/SCAQMD Auditorium, 21865 E. Copley Dr.
5.6 COMMUNITY FOUNDATION MEETING — October 16, 2003 — 7:00 p.m.,
Government Center/SCAQMD, Room CC -8, 21865 E. Copley Dr.
5.7 CITY COUNCIL MEETING — October 21, 2003 — 6:30 p.m., Government
Center/SCAQMD Auditorium, 21865 E. Copley Dr.
5.8 RED RIBBON WEEK ASSEMBLY AT GOLDEN SPRINGS
ELEMENTARY SCHOOL — October 22, 2003 — 10:30 a.m., Golden
Springs Elementary School, 245 S. Ballena Dr.
5.9 CANDIDATE FORUM HOSTED BY THE DIAMOND BAR CHAMBER OF
COMMERCE AND THE DIAMOND BAR IMPROVEMENT ASSOCIATION
— October 22, 2003 — Government Center/SCAQMD Auditorium, 21865 E.
Copley Dr. (7:00 p.m.)
5.10 Mayor's Round Table , October 23, 2003, 7.a.m., Heritage Park, 2900 S.
Brea Canyon Rd. (Call 909-839-7055 for Reservations)
5.11 DIAMOND BAR COMMUNITY SERVICES "HALL OF HORRORS"
HAUNTED HOUSE — October 30th and 31st, 2003 — 6-9 p.m., Heritage
Park, 2900 S. Brea Canyon Rd.
5.12 DIAMOND BAR COMMUNITY SERVICES "FALL FUN FESTIVAL" —
October 31, 2003 — 4:30 to 8:30 p.m., Heritage Park, 2900 S. Brea
Canyon Rd.
5.13 GROWTH VISIONING WORKSHOP HOSTED BY THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) — October
29, 2003 — 6:00 p.m. to 9:30 p.m., Government Center/SCAQMD, 21865
E. Copley Dr.
6. CONSENT CALENDAR:
6.1 CITY COUNCIL MINUTES —
6.1.1 Study Session of September 2, 2003 —Approve as submitted.
6.1.2 Regular Meeting of September 2, 2003 - Approve as submitted.
6.1.3 Study Session of September 16, 2003 — Approve as submitted.
6.1.4 Regular Meeting of September 16, 2003 — Approve as submitted.
October 7, 2003 PAGE 4
6.2 PLANNING COMMISSION MINUTES
6.2.1 Regular Meeting of August 26, 2003 — Receive and file.
6.2.2 Regular Meeting of September 3, 2003 — Receive and file.
6.3 PARKS & RECREATION COMMISSION MINUTES — Regular Meeting of
August 28, 2003 - Receive and file.
6.4 APPROVAL OF WARRANT REGISTERS - Approve Warrant Registers
dated September 18, 2003, September 25, 2003, and October 3, 2003 in
the amount of $1,048,645.11.
6.5 TREASURER'S STATEMENT - month of August, 2003.
Recommended Action: Review and approve.
6.6 CREATING A LINE ITEM IN THE CITY'S BUDGET AND
APPROPRIATING $75,000 FROM GENERAL FUND RESERVES FOR
PERSONNEL ACTIONS.
Recommended Action: Approve appropriation.
Requested by: City Manager
6.7 ADOPT RESOLUTION NO. 2003 -XX APPROVING INSTALLATION OF
STOP SIGNS ON HIGH KNOB ROAD AT SEAGREEN DR.
Recommended Action: Adopt Resolution.
Requested by: Public Works Division.
6.8 ADOPT RESOLUTION NO. 2003 -XX APPROVING INSTALLATION OF
MULTI -WAY STOP SIGNS ON SOUTH PALO CEDRO DR. AND
EAGLENEST DR.
Recommended Action: Adopt Resolution.
Requested by: Public Works Division
6.9 ADOPT RESOLUTION NO. 2003 -XX TO RENEW AUTHORIZATION FOR
REPRESENTATIVES OF THE CITY TO ACQUIRE FEDERAL SURPLUS
PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS
PROPERTY.
Recommended Action: Adopt Resolution.
October 7, 2003
PAGE 5
Requested by: City Manager
6.10 APPROVE SECOND READING OF ORDINANCE NO. 03(2003)
AMENDING DIAMOND BAR PREFERENTIAL PARKING DISTRICT
NUMBER ONE TO ESTABLISH PREFERENTIAL PARKING
RESTRICTIONS ON SUNBRIGHT DRIVE AND WHITE STAR DRIVE
AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
ACCORDINGLY.
Recommended Action: Approve second reading by title only, waive full
reading of Ordinance and adopt Ordinance 03(2003).
Requested by: Public Works Division
6.11 AWARD OF CONTRACT IN THE AMOUNT OF $24,000 TO THE
PACIFIC INSTITUTE FOR CONSULTING SERVICES TO PROVIDE
STAFF AND ORGANIZATIONAL DEVELOPMENT.
Recommended Action: Approve contract.
Requested by: City Manager
6.12 ADOPT RESOLUTION NO. 2003 -XX AMENDING THE FY 2003-04
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN
THE AMOUNT OF $48,745 FOR FUNDING FOR THE YMCA, HOME
IMPROVEMENT PROGRAM AND SIDEWALK PROJECT.
Recommended Action: Adopt Resolution.
Requested by: Community Development
6.13 VOTER PARTICIPATION MAILING.
Recommended Action: Consider authorizing city-wide "get out the vote"
mailing.
Requested by: City Manager
6.14 AUTHORIZE DISPOSAL OF TEN SURPLUS COMPUTERS.
Recommended Action: Authorize disposal.
Requested by: City Manager
6.15 AWARD OF MAP/PLAN CHECKING AND INSPECTION SERVICES
CONTRACTS TO HALL & FOREMAN, INC.; DGA CONSULTANTS, INC.
AND BRYAN A. STIRRAT & ASSOC. FOR A PERIOD OF THREE
YEARS.
October 7, 2003
7
D
PAGE 6
Recommended Action: Award contracts.
Requested by: Public Works Division
6.16 ADOPT RESOLUTION NO. 2003 -XX AUTHORIZING EXECUTION OF
AN AGREEMENT TO SECURE FUNDS IN THE AMOUNT OF $84,338
FOR THE JOBS HOUSING BALANCE INCENTIVE GRANT PROGRAM
TO FUND PARK IMPROVEMENTS AT STARSHINE PARK.
Recommended Action: Adopt Resolution and execute the grant
agreement.
Requested by: Community Services Division
6.17 APPROVE APPROPRIATION OF GRANT FUNDS IN THE 2003-04 FY
BUDGET TO CONSTRUCT ADA AND PARK IMPROVEMENTS AT
STARSHINE PARK IN THE AMOUNT OF $225,000.
Recommended Action: Approve appropriation.
Requested by: Community Services Director
PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION:
8.1 APPROVE FIRST READING OF ORDINANCE NO. XX(2003)
REGARDING MUNICIPAL CODE PENALTY PROVISIONS AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
Recommended Action: Approve First Reading of Ordinance by title only
and waive full reading.
Requested by: Neighborhood Improvement Sub -committee
8.2 ADOPT RESOLUTION NO. 2003 -XX APPROVING THE FACILITY USE
POLICIES AND FEES FOR THE SENIOR CENTER/COMMUNITY
CENTER.
Recommended Action: Adopt Resolution.
Requested by: Community Services Department.
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Honorable Mayor and Member of the City Council
FROM: James DeStefano, Deputy City Manager
VIA: Linda C Lowry, City Manager
SUBJECT: Slope Maintenance Study Session
DATE: October 7, 2003
BACKGROUND:
Pursuant to the City Council' sdirection and their desire to further study the issue of slope
maintenance on private property, staff presented a power point presentation showing different
levels of slope maintenance within the City of Diamond Bar at the September 16, 2003 City
Council study session. The varied maintenance levels shownand discussed rangedas follows:
Maintenance
Standard
Examples
Level
Irrigated landscaping; lush grou ndcover with full
Calvary Chapel /Golden Springs,
A
coverage; very well maintained ensuring that
Pathfinder/near Ronald Reagan
slope erosion and slippage does not occur.
Park, Grand Ave,
Irrigated landscaping; groundcover with good
Golden Springs/Carpio, Golden
B
coverage; maintained in a satisfactory manner
Springs/Golden Prados,
ensuring that slope erosion and slippage does
not occur.
Irrigated seasonally or at intervals sufficient to
Golden Springs/near Ballena,
C
ensure survival and growth; some groundcover;
Diamond Bar Blvd./Highland
maintained in a neat, clean, weed and debris
valley,
fee manner; maintained in a manner that
ensures that slope erosion and slippage does
not occur;
Not irrigated; not well taken care of; damaged
Diamond Bar Blvd./near
D
walls and fences (possibly in need of painting);
Pathfinder,
weeds; debris; overgrown vegetation; general
unsightliness; slope is at risk for possible erosion
and/or slippage; possible health and safety
concerns.
Not irrigated; damaged walls and fences
Diamond Bar Blvd., Pathfinder Rd.,
F
(possibly in need of painting); weeds; debris;
overgrown vegetation or absent any vegetation;
overall unsightliness; slope is atrisk for possible
erosion and/or slippage or erosion and slippage
has occurred; fire hazard; and health and safety
con cern .
The discussion led to a Council consensus of establishing a Level C maintenance standard.
The Council was interested in eventually producing a publicinformation brochure about slope
maintenance and the Level C standard. With this in mind, staff has produced presentation
showing photographs with a description of appropriate plant material for slope maintenance.
The photographs include groundcover, shrubs and trees that are mainly drought tolerantand
appropriate for slopes in that these plant species will assist in minimizing erosion and slope
slippage. Also, photographsof plant speciesthat are listed in the City of San Dimas code are
included. These specific species are Algerian ivy, dwarf coyote bush, sunrose,African creeping
daisy and creeping rosemary.
The Council was interest in determining what constitutes a slope and the applicability of the
proposed slope maintenance standardsin comparisonto the City' scurrenthillsidemanagement
standards. According to the City' sDevelopmentCode, hillside managementstandardsapplyto
slopes of ten percentor greater. As a result, the following applicabilityfor slope maintenance
standards is recommended.
The standards contained in this section shall apply to an exposed surface
which forms an incline that has a ratio of 10:1 (horizontal. vertical) or greater.
At the September 16, 2003 City Council study session, staff was asked to refine the text of the
recommended amendment in a manner that would address the Council' sconcerns. The
recommended text is as follows:
(Note: Italic/bold delineates recommended amendment. Strikethrough/b old delineates deletions.)
Recommended Amendment:
Landscape maintenance.Yards and setback areas shall be landscapedwith lawn,trees,
shrubs, or other plant material, and shall be permanently maintained in a neat and
orderly manner and substantially free of weeds, debris and dead, diseased or dying
vegetation and broken or defective decorative elements of the landscaped area. Foliage
in landscapedareasshallbe mowed, groomed, trimmed, pruned and adequatelywatered
so as to maintain healthy growing conditions sari- and not tadetract from the
appearanceet ofthe immediate neighborhood. Irrigation systems shall be maintained to
prevent public health or safety hazards.
(1) The standards contained in this section shall apply to an exposed
surface which forms an incline that has a ratio of 10:1 (horizontal
vertical) or greater.
(a) Slopes adjacent to a public highway shall be maintained in a neat and
clean manner, free of weeds and debris. A public highway shall
include local streets, the entire width of every highway including all
portions dedicated for highway purposes, such as the sidewalks,
parkways and roadways. Saidslopes shallbe irrigated seasonallyor
at intervals sufficient to ensure survival and growth of slope plant
material. Plant material shall be neatly trimmed and shall not
encroach into the public right-of-way. Erosion control methods
shall be utiliz ed to maintain slope stability. Walls, fences and/or
slope plant material shall be maintained in a manner that does not
detract from the appearance of the immediate neighborhood.
Overgrown vegetation that harbors rats or other vermin, or attains
such growth as to be come a fire hazard when dry or that is otherwise
noxious, dangerous or unsightly shall be prohibited. Failure to
maintain said slopes in the manner described is declared unlawful
and a public nuisance endangering the health, safety and general
welfare of the public and detrimental to the surrounding community
and shall be abated pursuant to Section 22.34.070.
To address Council's concern about the cost burden to individual property owners to upgrade
and maintain slopes abutting the public right-of-wayto a Level C, the following information was
gathered:
? Many slopes in Diamond Bar could attain Level C by removing weeds, planting some
ground cover and seasonal watering; and
? For property owners who would qualify based on income, it may be p ossible to
establish a matching fund program through the City' sHome Improvement Program.
In orderto dothis, a policychange may be neededestablishinga programto setasidemoneyto
landscape slopes that abutthe public right-of-way with the property owner matching the funds.
A $500.00 grant from the Home Improvement Program would require a $500.00 from the
property owner. However, administrative cost must be considered if this program is to be
utilized.
In cases where home improvements are funded through the Home Improvement Program and
the subject property contains a slope, a policy change could be considered where the
landscaping of a slope that abuts a public right-of-way would be an included improvement.
Currently, the Home Improvement Program includesfront yard landscaping.
The City of Redondo Beach is proposing a "Neigh borhoodBeautification Grant Program" that
will offergrant funds to propertyowners, HOA' sand apartmentbuildingsto beadifyareasvisible
to the public. Funds can not be used for maintenance. The grant recipientmust be active in the
residential recycling program because the funds come from recycling revenue. This program
has been in effect for 10 years in the City of Rancho Palos Verdes. To encourage property
owners to upgradeand maintain their property, the City of Laguna Beach has contests among
neighborhood§ and awards prizes to the neighborhood that best upgradestheir landscaping.
CONCLUSION:
The purpose of slope maintenance standards is to provide guidelines that will achieve and
maintain a Level C maintenance standard, thereby preserving property values; and protecting
the public health, safety and welfare by ensuring that erosion and slippage of slopes and fire
hazards do not occur. As a result, droughttolerant, fire resistant plant materials should be
considered as well as native plant species. Plant materials would be watered seasonallyand/or
at intervals sufficient to ensure survival and growth. If the Council adopts the proposed slope
maintenance standard, staff would produce a brochure identifying the adopted slope
maintenance standards and suggest appropriate drought tolerant and fire resistant plant
materials.
RECOMMENDATION:
Direct Staff as appropriate.
Attachments:
1. Power Point presentation of slope vegetation; and
2. City Council Study Session Memorandum dated September 9, 2003
October 7, 2003
Study Session Staff Report
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: DISCUSSION OF THE PROPOSED PARK CONCEPTUAL DESIGN AND
PRELIMINARY COST ESTIMATE FOR THE A.D.A. RETRO -FIT AND
PARK IMPROVEMENTS AT STARSHINE PARK.
RECOMMENDATION: Appropriate$225,000in grant funds to the FY 2003/2004
Budget to construct ADA and park improvements at Starshine Park:
Job/Housing Balance Grant Program $84,338
Proposition 40— Per Capita Grant Program $140,662
Total Appropriation Requested $225,000
FINANCIAL IMPACT:
1) The City Council appropriated $20,000 in Community Development Block Grant
funds to develop the design and construction documents for the A.D.A. retro -fit
and park improvements at Starshine Park.
2) The City of Diamond Bar is a recipientof the Jobs -Housing Balance Grant
Program administered bythe State of California Department of Housing and
Community Development in the amount of $84,338 for this project.
3) Application has been made to the Waste Tire Playground Cover Grant Program,
underThe California Integrated Waste ManagementBoard for funding of
$24,979 to be used for the installation of resilient rubberized playground
surfacing at Starshine Park. Awards for this grant have not been announced
4) The Starshine Park A.D.A. retro -fit and park improvement project is eligiblefor
additional funding through (amount available): Proposition 12 ($708,078),
Proposition 40 ($458,078),and L.A. County Proposition A ($800,000), for a total
availabilityin grantfunding of $1,966,156 There is also $2,400,000 available in
the city' spark developmentfund for a grand total of availablefunding of
$4,366,156, none of which comes from the General Fund.
The estimated construction cost of this project, with a 10% contingency, is $225,000.
This project is not currently included in the 2003.2004 FY Budget.
BACKGROUND: Staff presented this item to the City Council at a Study Session on
July 15, 2003. At that time, staff reported that delaying the construction of this project to
the next fiscal year would notjeopardize any of the grant funding. Unfortunately, staff
has learned that is not the case. If a contract is not awarded to a construction contractor
by June 30, 2004, then we could lose $84,338 in grantfunds from the Job/Housing
Balance Grant Program. We learnedthis when we received the contract that is on the
regularagenda of the October 7 City Council meeting seeking execution of the contract.
October 7, 2003
Section 23.4 of Attachment A of the contract states that the city must enter into an agreement
with the construction contractor to encumber the grant funds. The grant funds must be
encumbered by June 30, 2004. The City then has until June 30, 2006 to complete the project.
PROJECT INFORMATION: The Americans with Disabilities Act (A.D.A.) requiresthat
public parks be constructedso they are accessible to individualswith disabilities. When
a park has already been constructed without access, the park must be re -constructed,
or retro -fit, to accommodate the park usage needs of individualswith disabilities. The
adopted City-wide Comprehensive Parks MasterPlan identifies the transition timeline
for the completion of the city owned park A.D.A. retro -fit projects. Starshine Park is
identified as the next park to be retro -fitted.
In their Park Accessibility Inventory and Recommendations, the City' sconsultants,
David Evans and Associates, Inc. (DEA) made the following evaluationsand
recommendations, which are necessaryADA modifications requiredto bring this park
into compliance with the laws and guidelinesof the Uniform Federal Accessibility
Standards (UFAS) and California's Title 24 buildingcodes:
1) Reconstruct the existing curb ramp
2) Install a curb ramp from the walkway into the play area
3) Install rubberized resilientplay surface in play area
4) Replace existing play equipment
5) Relocate existing site furniture and add additional site furniture (picnictables and
benches).
DISCUSSION: A neighborhood meeting was conducted on Tuesday, May 13, 2003
to review and make recommendations on the conceptual designfor the A.D.A. retro -fit
and park improvements at Starshine Park. Fourteen (14) residents participated in the
meeting and made recommendations regardingthe park amenities. The Landscape
Architect of DEA revised the initial conceptual plan based on inputfrom the residents
attending the meeting.
If the requested grant funds are appropriated for this project, following is the time line to
complete the project:
October 7, 2003
Appropriation of Grant Fund by the City Council
by December 1, 2003
Complete conceptual plan
by March 31, 2004
Complete construction documents & bid specs
by May 1, 2004
Complete biddingprocess
by June 15, 2004
Award contractto construction contractor
by September 30, 2004
Complete Construction
REVIEWED BY:
Bob Rose James DeStefano
Director of Community Services Deputy City Manager
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION l
SEPTEMBER 2, 2003 1 RJAI
F
STUDY SESSION: Mayor Herrera called the Study Session to
order at 6:03 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, O' Connor, Zirbes,
Mayor Pro Tern/Huff and Mayor Herrera
Also Present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April
Blakey, Public Information Manager; Sharon Gomez, Management Analyst; Ann
Lungu, Associate Plannerand Nancy Whitehouse, Executive Assistant.
1) Discussion of Claims Process — report by DCM/Doyle.
DCM/Doyle explained to C/O' Connor that in the rare instance that claims are
paid by the JPIA administrator on behalf of the City, Council would not generally
be advised. Staff sjob is to deflect liabilityaway from the Council and the City.
DCM/Doyle presented a copy and explanation of the annual claims/reserve
information report from Carl Warren, the City' sRisk Manager.
DCM/Doyle explained that staff srecommendation is to reject the Walnut Valley
Unified School District' sMay 15, 2003 claim (Item 6.6).
DCM/Doyle stated that the number of claims fluctuate from a low of seven to a
high of 27 in one year. Generally, most claims are small dollar amounts that
typically range in the area of $1,500 - $3,000 for sewer backup, tree limbs falling
on vehicles and a few slip and fall.
DCM/Doyle cautioned Council that statements they make (in pubic or one-on-
one) could come back to haunt the City in a lawsuit.
Public Comments: None Offered
SEPTEMBER 2, 2003 PAGE 2 CC STUDY SESSION
ADJOURNMENT: With no further business to come before the City
Council, M/Herrera adjourned the Study Session to the regular meeting at 6:30
p.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this 7th day of October, 2003.
CAROL HERRERA, MAYOR
Agenda #
Meeting Date: October 7, 2003
CITY COUNCIL ` ` AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: An Ordinance of the City Council of the City of Diamond Bar Regarding
Municipal Code Penalty Provisions and Amending the Diamond Bar
Municipal Code.
RECOMMENDATION :
It is recommended that the City Council approve first reading of Ordinance No. XX (2003)
BACKGROUND:
The City Council has established Goals and Objectives, which include enhancements to the
current level of Code Enforcement activity. The Neighborhood Improvement Council
Subcommittee (Council Members Zirbes and Chang) has been working todevelop and
recommend policies and programs to protect and preserve the integrity of property values for
all neighborhoods (residential, commercial and industrial) within the City.
Traditionally, Municipal Code provisions have been enforced byway ofcriminal prosecution.
Under this traditional scheme, violations are classified as misdemeanors or infractions and
are prosecuted in a court of law.
In response to concerns that the court system was being overburdened with criminal
prosecutions of Municipal Code violations, which were not considered to be as serious as
Penal Code violations, the State Legislature enacted a s tatute allowing cities to prosecute
their code violations through a civil administrative procedure. This procedure involved the
issuance of a citation to code violators which could then be appealed t0 a hearing officer
before the matter ever a reaches a court The perceived advantages of this system were to
keep as many code enforcement cases out of the courts as possible and to allow cities to
retain the entire amount of the fines imposed through the citations.
In October, 1999, the City adopted Ordinance No. 13 which established a civil administrative
enforcement program pursuant to the statute and classified all violations of the code as civil
violations. Under this Ordinance, violations of the Code could be prosecuted criminally only if
a pers on or property owner had been issued three civil citations for the same violation in a
given twelve-month period.
Since adoption of Ordinance No. 13, the City has not experienced very many violations that
have resulted in the issuance of a citation. Most violations have been resolved informally
after warnings have been issued by the Code Enforcement Division. In fact, the City has had
so few cases involving citations that it has not needed to engage the services of the hearing
officer to hear citation appeals. Staff has found, however, that occasionally the informal
methods do not resolve violations. In those cases, staff believes that the availability of a
criminal remedy would be a more effective tool than the civil citation process.
Accordingly, this ordinance removes from the civil citation process all Code violations other
than those that are specifically enumerated as subject to civil remedies (see below). All other
provisions of the Code will be subject to criminal remedies (either as misdemea nors or
infractions) in the first instance. This means that where informal procedures do not result in
abatement of a violation, the City Prosecutor may commence a criminal proceeding, a
process that staff believes will be more effective in securing the desired result
In December 2003, the City engaged the services of Dapeer and Rosenblit to serve as the
City Prosecutor. Steve Rosenblit of that firm reviewed the penal provisions of the Municipal
Code and concluded that prosecution of difficult cases would be best effectuated if most
code violations were classified as criminal offenses rather than civil. In addition, Mr.
Rosenblit reviewed the penal provisions of the Code and made a number of suggestions to
clarify and strengthen some of the existing language in those provisions and also to eliminate
some internal inconsistencies.
Mr. Rosenblit met with the City Attorney and staff to discuss those recommendations.
Thereafter, the City Attorney prepared this Ordinance which, in addition to the reclassification
ofoffenses discussed above, makes non-substantive clean-up improvements tothe penal
provisions of the Code. Staff brought these recommendations to the Council subcommittee
for review and the sub-committee recommends approval.
Code Violation s Subject to Civil Administrative Penalty Procedure.
Violations of the offenses described in the Sections of the Municipal Code as outlined below
are intended to be subject to the civil administrative penalty procedure set forth in Sections
1.04.030 through 1.04.190 of the Municipal Code:
Code Section Violation TvDe
UBC Section 3152B
Pool enclosure; Required Characteristics.
8.12.1660
Prohibited storm water and pollution control activities.
10.12.140
Cleaning of Sidewalks.
22.34.030 (a)
Storage in front yard/side yard abutting a street
22.34.030 (b)
Vehicle parking.
22.34.030 (c)
Structure maintenance.
22.34.030 (d)
Landscape maintenance.
22.34.030 (e)
Fence and wall maintenance.
22.34.030 (f)
Temporary erosion control.
22.34.040 (a)
Storage in yards.
22.34.040 (b)
Storage in garages and carports.
22.34.040 (c)
Motor vehicle parking.
22.34.040 (d)
Structure maintenance.
22.34.040 (e)
Landscape maintenance.
22.34.040 (f)
Fence and wall maintenance.
22.34.040 (g)
Maintenance of parking and similar areas.
22.34.040 (h)
Temporary erosion control.
22.34.050 (a)
Storage in yards.
22.34.050 (b)
Motor vehicle parking.
22.34.050 (c)
Structure maintenance.
22.34.050 (d)
Landscape maintenance.
22.34.050 (e)
Fence and wall maintenance.
22.34.050 (f)
Temporary erosion control.
22.34.050 (g)
Maintenance of parking and similar areas.
22.34.060 (a)
Storage in yards.
22.34.060 (b)
Motor vehicle parking.
22.34.060 (c)
Structure maintenance.
22.34.060 (d)
Landscape maintenance.
22.34.060 (e)
Fence and wall maintenance.
22.34.060 (f)
Maintenance of parking and similar areas.
22.34.060 (g)
Temporary erosion control.
22.36.050 (4)
Temporary signs limited bysize and period ofdisplay.
22.36.050 (5)
Temporary signs placed upon public property.
22.36.080
Prohibited signs.
Any person who has violated orfailed tocomply with the same provision ofany ofthe
sections of this Code asset forth above more than three times within a twelve -month period
will be found to be guilty of a misdemeanor for each violation of the same provision
committed thereafter within that same twelve month period.
Prepared By:
James DeStefano
Deputy City Manager
Attachment
1. Draft Ordinance No. XX (2003)
2. Section 1.04 of the Municipal Code /redlined
ORDINANCE NO. XX(2003)
AN ORDINANCE OF THE CITY OF DIAMOND
BAR REGARDING PENALTY PROVISIONS AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Section 1.04.010 ofTitle 1,Chapter 1.04 of the Diamond Bar Municipal Code isamended to
read as follows:
"Sec. 1.04.010. Classification of Offenses
No person shall violate any provision or fail to comply with any requirement or condition of this Code,
or of anypermit, license, approval or entitlement granted or issued pursuant to the provisions of this Code.
Such violations are punishable as follows:
(a) Misdemeanor . Any person violating any provision or failing to comply with any requirement
or condition of this Code, or of any permit, license, approval or entitlement granted or issued pursuant to the
provisions of this Code, shall be guilty of a misdemeanor unless such violation or failure to comply is expressly
designated in this Code as an infraction oris expressly subject to a civil administrative penalty pursuant to
subsection (d) of this section. Any person convicted of a misdemeanor under the provisions of this Code shall
be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for
a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of
a separate offense for each and every day during any portion of which any violation of the same provision of
this Code is committed, continued or permitted by such person, and shall be punished accordingly.
(b) Infraction. Any person violating any provision or failing to comply with any requirement or
condition of this Code, or of any permit, license or entitlement granted or issued pursuant to the provisions of
this Code expressly designated in this Code as an infraction shall be guilty of an infraction. Except as otherwise
provided in this Code, any person convicted of an infraction shall by punishable by fineof: 1)one hundred
dollars ($100) for the first violation, 2) two hundred dollars ($200) for the second violation of the same
provision of this Cale within a twelve month period, and 3) five hundred dollars ($500) for a third or more
violations of the same provision of this Code within a twelve month penal. Each such person shall be guilty
of a separate offense for each and every day during any portion of which any violation of the same provi sion of
this Code is committed, continued or permitted by such person, and shall be punished accordingly.
A person charged with an infraction shall not be entitled to have the public defender or other counsel
appointed atpublic expense to represent him or her unless he or she is arrested and not released on his or her
written promise to appear, on his or her own recognizance, or a deposit of bail.
(c) ReclassyXcation of offenses. A violation of this Code classified as a misdemeanor maybe
charged as an infraction when:
The prosecutor fides a complaint charging the offense as an infraction; or
2. The court, on motion of the prosecutor and with the consent of the defendant, determines
to treat a misdemeanor offense as an infraction, in which event the case will proceed as if the defendant had
been arraigned on an infraction complaint
(d) Code Nolations Subject to Civil Administrative Penalty Procedure. The offenses described in
the chapters and sections ofthis Code set forth below shall be subject to the civil administrative penalty
procedure set forth in Sections 1.04.030 through 1.04.190 of this Code:
UBC Section 3152B
Pool enclosure; Required Characteristics.
8.12.1660
Prohibited storm water and pollution control activities .
10.12.140
Cleaning of Sidewalks .
22.34.030(a)
Storage in front yard / side yard abutting a street.
22.34.030(b)
Vehicle parking
22.34.030(c)
Structure maintenance.
22.34.030 (d)
Landscape maintenance.
22.34.030 (e)
Fence and wall maintenance.
22.34.030 (0
Temporary erosion control.
22.34.040 (a)
Storage in yards.
22.34.040 (b)
Storage in garages and carports.
22.34.040(c)
Motor vehicle parking.
22.34.040 (d)
Structure maintenance.
22.34.040 (e)
Landscape maintenance.
22.34.040 (f)
Fence and wall maintenance.
22.34.040(g)
Maintenance of parking and similar areas.
22.34.040(h)
Temporary erosion control.
22.34.050 (a)
Storage in yards.
22.34.050 (b)
Motor vehicle parking.
22.34.050 (c)
Structure maintenance.
22.34.050 (d)
Landscape maintenance.
22.34.050 (e)
Fence and wall maintenance.
22.34.050 (f)
Temporary erosion control.
22.34.050(g)
Maintenance ofparking and similar areas.
22.34.060 (a)
Storage in yards.
22.34.060 (b)
Motor vehicle parking.
22.34.060 (c)
Structure maintenance.
22.34.060 (d)
Landscape maintenance.
22.34.060 (e)
Fence and wall maintenance.
22.34.060(f)
Maintenance ofparking and similar areas.
22.34.060(g)
Temporary erosion control.
22.36.050 (4)
Temporary signs limited by size and period ofdisplay.
22.36.050(5)
Temporary signs placed upon public property.
22.36.080
Prohibited signs.
Any person who is adjudicated to have violated or failed to comply with the same provision of
any ofthe sections of this Code set forth above in this paragraph (d) more than three times within a twelve
month period shall be guilty of a misdemeanor for each violation ofthe same provision committed thereafter
within that same twelve month period. Any person who violates or fails to comply with any ofthe sections of
this Code set forth in this paragraph (d) and who possesses no photo identification or refuses to identify
himself/herself to an enforcement officer, making it impossible to issue an administrativ a citation, shall be
guilty of a misdemeanor.
(e) Public Nuisance. In addition to the penalty provisions set forth in paragraphs (a), (b), (c) and
(d) of this Section, any condition, use or activity caused or permitted to exist in violation of the provisions of
this Code or in violation of any permit, license, approva 1 or entidement shall be deemed a public nuisance and
maybe abated by the City by any lawful means, including but not limited to administrativ a abatement
proceedings, restraining order or injunction"
(f) Prohibited Acts. Whenever this Code makes any act or omission unlawful, that unlawful act or
omission includes causing, permitting, maintaining, aiding abetting, suffering or concealing that actor
omission.
Section 2. Section 1.04.030 of Tide 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as follows:
"Any violation of a section of this Code enumerated in Section 1.04.010(d) shall be subject to issuance
ofan administrative citation by an enforcement official pursuant to the procedures set forth in this Chapter.
Administ rative citations for violations of any provision ofthe building, plumbing or electrical codes enumerated
in Section 1.04.030(d) shall not be issued until after the responsible person has been provided notice and a
reasonable opportunity to correct the violation, and has failed to do so. Payment of an administrative citation
shall not bar further enforcement action by the City if the violation is not corrected or otherwise continues
unabated. The City Manager is authorized to promulgate procedural rules and regulations governing the civil
administrative penalty citation and hearing process"
Section 3. Section 1.04.040 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended by
adding thereto anew subparagraph (g) to read as follows:
(g) The name and address of the responsible person, and a signature line so that the responsible person
may acknowledge receipt ofthe citation.
Section 4. Section 1.04.070 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as follows:
"The administrative fine shall be paid to the City within fifteen (15) days from the date of service of the
citation. Payment ofthe fine, in the absence of a timely request for a hearing pursuant to Section 1.04.080,
constitutes awaiver ofthe responsible party's right to an administrative hearing."
Section 5. Section 1.04.080 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as follows:
"Any responsible person to whom an admin istrativ a citation is issued may choose to con test the citation
by requesting an administrativ a hearing within fifteen (15) days of service ofthe citation. In order to request a
hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for
administ rative hearing form along with either a deposit of the full amount of the administrative fine (in cash or
byway of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed
pursuant to Section 1.04.090. The request for hearing shall be incomplete if it does not include the deposit the
full amount of the fine or the request for a hardship waiver. The deposit will be retained in a non-interest
bearing account until the matter is resolved. If atimely and complete request for hearing isnot submitted, the
citation shall be deemed final, and the fine shall be immediately due and owing to the City and may be collected
in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquen t
fine shall not preclude issuance of additional citations to the responsible party should the violation persist"
Section fi_ Section 1.04.090 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended by
deleting the final two sentences thereof and adding in their place the following:
"The decision shall be final, and shall be served upon the person requesting the waiver by regular fust
class mail If the City Manager or his/her designee determines that the waiver is not warranted, the pers on shall
remit the full amount ofthe fine as deposit within ten (10)days ofmailing of the decision. If the full amount
ofthe fine is not deposited within the ten (10) dayperiod, the request for hearing shall be deemed incomplete
and waived, and th e citation shall be deemed final The fine shall be immediately due and owing to the City
and may be collected in any manner allowed bylaw for collection of a debt"
Section 7. Section 1.04.100 of Tide 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended by
adding thereto the following:
"Any documentation, other than the administrative citation, which the enforcement official has
submitted or will submit to the hearing officer shall be sent to the person requesting the hearing by regular first
class mail at least five days before the date on which the hearing is scheduled. The documentation shall also be
made available upon request at the time of the hearing."
Section 8. Section 1.04.150 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as follows:
"At the conclusion of the hearing or within fifteen (15) days thereafter, the administrative hearing officer
shall renderadecision asfollows:
(a) Determine that the violation for which the citation was issued occurred, and impose a fine in the
amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of
the date ofthe hearing order correction or abatement ofthe violation. In this event, the City shall
retain the fine deposited by the responsible person.
(b) Determine that the violation for which the citation was issued occurred, but that the responsible
party has introduced credible evidence of mitigating circumstances warranting imposition of a
lesser fine than that prescribed in the fine and penalty schedule, or no fine atall, and impose such
lesser fine, if any; and if the violation has not been corrected as of the date ofthe hearing, order
correction or abatement ofthe violation. In this event, the City shall retain all ora portion ofthe
fine deposited by the responsible person as applicable.
(c) Determine that the violation for which the citation was issued did not occur or that the condition did
not constitute a violation ofthe Municipal Code. In this event, the City shall refund the deposit, if
any, within fifteen (15) days ofthe decision.
The administrative hearing officer's decision shall be in writing, shall explain the basis for the decision, and
gall be served upon the responsible party by fast class mail, to the address stated on the request for hearing
form. If applicable, the order shall set forth the date by which compliance shall be achieved and the imposed
fine paid to the City. The order shall be final on the date of mailing which shall be deemed the "dateof
service," and shall notify the responsible person ofthe right to appeal to the superior coot, as further described
in Section 1.04.160."
Section 9. Section 1.04.160 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as fol lows:
"Within 20 days after service ofthe decision ofthe administrative hearing officer upon the responsible
person, he/she may seek review ofthe decision by filing anotice of appeal with the superior court. The
responsible person shall serve upon the city clerk either in person or by first class mail a copy of the notice of
appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's
decision shall be deemed final."
Section 10. Section 1.04.190 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended to
read as follows:
Sec. 1.04.190. Failure to Comply with Administrative Order.
"In the absence of a timely appeal to the superior court, failure to comply with a final administrativ e
order directing the abatement ofa continuing violation bythe date specified in the order isa misdemeanor
offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event
of a timely appeal to the superior court pursuant to Section 1.04.160, and provided the City prevails thereon, the
responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a
continuing violation is maintained or permitted after a court ordered abatement date. Filing a misdemeanor
action does not preclude the City from pursuing any other remedies to gain compliance provided in this Code or
under State law. For purposes of this Chapter, a "continuing violation" shall mean a single, ongoing condition
or activity in violation of the Municipal Code."
PASSED, APPROVEDAND ADOPTED this day of October 2003.
MAYOR
Attest:
City Clerk
Redlined Version oftheCurrent Municipal Code
CHAPTER 1xxxxxx04. PENALTIES AND CIVIL REMEDIES*
*Editor's note: Ord. No. 13(1999), § 1, adopted Nov. 2, 1999, repealed ch. 1.04 and enacted a new chapter as set
out herein. The former ch. 1.04 pertained to penalti es, civil remedies and severability, and derived from the
original codification.
Cross references: Alarms systems, § 5.08.010 etseq.; emergency organization, § 8.00.010 etseq.; public peace,
morals and welfare, tit 9; vehicles and traffic, tit 10.
Section 1. Section 1.04.010 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
read as follows:
"Sec. 1.04.010. Classification of Offenses.
Noperson shall violate anyprovision orfail to comply with any requirement orcondition ofthis
Code,orofanyperrW4 license, approval orentdement granted orissued pursuant totheprovisions ofthis
Code. Such violations arepumshable asfollows.
(a) Misdemeanor. Any person violating any provision orfading to comply with any requirement
orcondidon ofthis Code,orofanypermit, license, approvalorentdement granted orissued pursuant to the
provisions ofthis Code, shag beguilly ofa misdemeanor unless such violadon orfadure to comply is
expressly designated in this Code asan infraction oris expressly subject to a civil admimsbwdve penalty
pursuant to subsection (d) ofthis section. Any person convicted ofa misdemeanor under the provisions of
this Code shall bepumshable by fine ofnotmore than one thousand dollars ($1,000)orby imprisonment
owed: See. Into]
"f"c'mentq
Deleted: (s) Wo1aH
Cade. Nope— shall
provisions orfsllro—
the requi,—t..fthi,
ofthis Codearep—ish
with this h.pt— f. vi
thanhnnin vialntiam
e naturethatit—N
responelson
sible P, asp
recI the vi.lationwi
issuance ofthc a&fi is
in the county jail for a period not exceeding six months, or by both such fine and imprisonment Each such
person shat beguihy ofa separate offense for each and everyday during any portion of which any violation
ofthe same provision ofthis Code is committed, continued orpenniaed by such person, and shall be
punished accordingly.
(b) Infraction. Any person violating anyprovision orfaifing to comply with any requirement or
condition ofthis Code, orofany permit, dcense oremidement granted orissued pursuant to the provisions
ofthis Code expressly designated in this Code asan infraction shall begudtyofaninfraction. Exceptas
otherwise provided in this Code, any person convicted ofan infraction shall bypunishable by a fine of.• 1)
one hundred dollars ($100) for the fast violation, 2) two hundred dollars ($200) forthe second violation of
the same provision ofthis Code within a twelve month period, and 3) five hundred dollars ($500)for a third
or more violations ofthe sameprovision ofthis Code within a twelve month period. Each such person shag
beguilly ofa separate offense for each and every day during any pardon ofwhich any violation ofthe same
provision ofthis Code is committed, continued orpermitted bysuch person, andshat bepumshed
accordingly.
Aperson charged with an infraction shat not be entitled to have the public defender orother counsel
appointed atpublic expense to represent him orher unless he or she is arrested and not released on his or
her written promise to appear, on his other own recognizance, ora deposit ofbail
(c) Reclassification of offenses A violation ofthis Code classified as a misdemeanor may be
charged as an infraction when:
The prosecutor fdes a complaint charging the offense as an infraction; or
2. The cour5 on motion ofthe prosecutor and with the consent ofthe defendant,
determines to treat a misdemeanor offense as an infraction, in which event the case will proceed as if the
defendant had been arraigned on an infraction complaint
(d) Code Violations Subject to Civil Administrative Penally Procedure. The offenses described in
the chapters and sections ofthis Code set forth below shall be subject to the civil administrative penally
procedure set forth in Sections 1.04.030 through 1.04.190 ofthis Code:
UBCSecdon 3152B Pool enclosure; Required Characteristics
8.12.1660
Prohibited storm water and pollution control acdvides.
10.12.140
Cleaning of Sidewalks
22.34.030(a)
Storage in front yard /side yard abutting a street
22.34.030(b)
Vehicle parking.
22.34.030(c)
Structure maintenance.
22.34.030(d)
Landscape maintenance.
22.34.030(e)
Fence and wall maintenance.
22.34.0300
Temporary erosion control
22.34.040(a)
Storage inyards
22.34.040(b)
Storage in garages and carports
22.34.040(c)
Motor vehicle parking.
22.34.040(d)
Structure maintenance.
22.34.040 (e)
Landscape maintenance.
22.34.0400
Fence and wat maintenance.
10
22.34.040(g) Maintenance ofparking andsimilar areas.
22.34.040(h) Temporary erosion conlroL
22.34.050(a) Storage inyards.
22.34.050(b) Motor vehicle parking.
22.34.050(c) Structure maintenance.
22.34.050(d) Landscape maintenance.
22.34.050(e) Fence and wall maintenance.
22.34.0500 Temporary erosion controL
22.34.050(g) Maintenance ofparking andsimilar areas.
22.34.060(a) Storage inyards.
22.34.060(b) Motor vehicle parking.
22.34.060(c) Structure maintenance.
22.34.060(d) Landscape maintenance.
22.34.060(e) Fence and wall maintenance.
22.34.0600 Maintenance ofparking and similar areas.
22.34.060(g) Temporary erosion control
22.36.050(4) Temporary signs limited by size andperiod ofdisplay.
22.36.050(5) Temporary signs placed uponpub6cpropeny.
22.36.080 Prohibited signs.
Any person who is adjudicated to have violated orfailed to comply with the sameprovision of
any ofthe sections ofthis Code set forth above in this paragraph (d) more than three dates within a twelve
month period shall beguilly ofa misdemeanor foreach violation ofthe same provision committed thereafter
within that same twelve month period. Any person who violates or fails to comply with any ofthe sections of
this Code set forth in this paragraph (d) and who possesses no photo identification or refuses to identify
himse f/herself to an enforcement officer, making it impossible to issue an admin&radi, a cation, shall be
guilty ofa misdemeanor.
(e) Public Nuisance. In addition to the penaky provisions set ford: in paragraphs (a), (b), (c)
and (d) ofthis Section, any condition, use oracdvity caused orpermimed to exist in violation ofthe
provisions ofthis Code orin violadon ofanypehmix license, approval or entitlement shall bedeemed a
public nuisance and may be abated by the City by any lawful means, including butnot limited to
administradve abatementproceedings, restraining order or injunction ."
0 Prohibited Acts. Whenever this Code makes any actoromission unlawf44 that unlawful act
or omission includes causing, permitting, maintaining, aiding, abetting, suffering or concealing that actor
omission.
Sec. 1.04.020. Dellmitions.
The following words and phrases, when used in the context ofthis chapter, shall have the following meanings:
Enforcement official shall mean a person, who has Penal Code Citation Certification Training, designated by
the city manager as an enforcement offic ial or any member ofthe sheriffs department who isauthorized to
enforce the provisions ofthe Diamond Bar Municipal Code.
Legal interest shall mean any interest that is represented by a deed of trust, quitclaim deed, mortgage,
judgement, lien, tax or assessment lien or other similar instrument, which is recorded with the county recorder.
110
Responsible person shall mean any person whom an enforcement official determines is responsible for causing
or maintaining a violation of the Code. The term ')responsible person" includes, but is not limited to, a property
owner, tenant,
person with a legal interest in real property, or person in possession of real property.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.030. Administrative citation.
otherwise continues unabated. The City Manager is authorized tab promulgate procedural rules and
regulations governing the civil administrative penalty citation and hearing process"
(Ord. No. 13 (1999), § 1,11-2-99)
Sec. 1.04.040. Content of administrativ, a citation.
An administrativ e citation shall contain all ofthe following information:
(a) The date and location of the violation and the approximate time the violation was observed.
(d) The code section violated and a description of how the section was violated.
(c) The amount ofthe fine imposed for the violation, and where and when the fine shall be paid.
(d) An order prohibiting another occurrence ofthe code violation.
(e) A descript ion ofthe administrative citation review process, including the time within which to contest
the administrative citation and the place from which to obtain a request for hearing form to contest the
administrative citation.
(f) The name and signature of th e citing enforcement official.
(Ord. No. 13 (1999),§ 1, 11-2-99)
Section 3. Section 1.04.040 of Tide 1, Chapter 1.04 ofthe Diamond Bar Municipal Code is amended by
adding thereto a new subparagraph (g) to read asfofiows (see undedined paragraph):
"(g) The name and address ofthe responsible person, and a signature fine so that the responsible person
may acknowledge receipt ofthe citation."
Sec. 1.04.050. Procedure for serving administrative citation.
An enforcement official may issue an administrative citation, on a form approved by the city manager, to a
responsible person, asfollows:
12
Ddeted: Any violati
Section 2. Section 1.04.030 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to"fthia
C.d-h.!1 be..
read as follows:
ofan ad,,mA alive cit
-f—e—t " rcialaa
ehaptet. hthe caseofi
building, plumbing ore
`Any violation ofa section ofthis Code enumerated in Section 1.04.010(d)shafi be subject to
aminiatativeeitati"n
issuance ofan administrative citation by an enforcement official to the sed forth in this
until afterthe mmm it
pursuant procedures
provided notice and a r
Chapter. Administrative citations for violations ofany provision ofthe building, plumbing or electrical codes
opp.,tu ity mcomectt
enu mera ted in Section 1. 0 4.0 3 0 (d) sha 11 not be issued until after the responsible person has been provided
has r iledtade.. r y
notice and a reasonable opportunity to correct the violation, and has failed to do so. Payment ofan
administrative citation
r nhe� enr r —t.c
administrative citation shall not barfurther enforcement action by the City if the violation isnot corrected or
thryvintattonisnote
o enaea.¶
otherwise continues unabated. The City Manager is authorized tab promulgate procedural rules and
regulations governing the civil administrative penalty citation and hearing process"
(Ord. No. 13 (1999), § 1,11-2-99)
Sec. 1.04.040. Content of administrativ, a citation.
An administrativ e citation shall contain all ofthe following information:
(a) The date and location of the violation and the approximate time the violation was observed.
(d) The code section violated and a description of how the section was violated.
(c) The amount ofthe fine imposed for the violation, and where and when the fine shall be paid.
(d) An order prohibiting another occurrence ofthe code violation.
(e) A descript ion ofthe administrative citation review process, including the time within which to contest
the administrative citation and the place from which to obtain a request for hearing form to contest the
administrative citation.
(f) The name and signature of th e citing enforcement official.
(Ord. No. 13 (1999),§ 1, 11-2-99)
Section 3. Section 1.04.040 of Tide 1, Chapter 1.04 ofthe Diamond Bar Municipal Code is amended by
adding thereto a new subparagraph (g) to read asfofiows (see undedined paragraph):
"(g) The name and address ofthe responsible person, and a signature fine so that the responsible person
may acknowledge receipt ofthe citation."
Sec. 1.04.050. Procedure for serving administrative citation.
An enforcement official may issue an administrative citation, on a form approved by the city manager, to a
responsible person, asfollows:
12
(a) Ifthe responsible person is an individual, the enforcement official shall attempt to locate the individual
and issue to that individual an administrativ a citation, if the address of the individual is known to the city, a
copy of the administrative citation also shall be mailed to the individual by certified mail, postage prepaid,
return receipt requested. Simultaneously, the same notice shall be sent by regula r mail. If a notice sent by
certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the
notice that was sent by regular mail isnot returned.
(b) If the responsible person is a corporation, the enforcement official shall attempt to locate any one of the
following individuals and issue to that individual an administrativ e citation: the president or other head of the
corporation, a vice president, a secretary or assistant secretary, a treasurer or assista nttreasurer, a general
manager, or a person authorized by the corporation to receive service of process in a civil action. If the office
address of any of the above listed individuals is known to the city, a copy of the administrative citation also
shall be mailed to one of those individuals by certified mad, postage prepaid, return receipt requested.
Simultaneously, the same notice shall be sent by regular mail If a notice sent by certified mail is returned
unsigned, then service shall be deemed effecti ve pursuant to regular mail, provided the notice that was sent by
regular mail is not returned.
13
(c) If the responsible person is a business other than a corporation, the enforcement official shall attempt to
locate the business owner and issue the business owner an administrative citation. If the enforcement official
can locate only the manager ofthe business, the administrative citation may be given in the manager ofthe
business. ffthe address ofthe business isknown, acopy ofthe administrative citation also shall be mailed to
that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified
mail, postage prepaid, return receipt requested. Simultaneously, the same notice maybe sent by regular mail. If
a notice sent by certified mail is returned unsigned, then service gall be deemed effective pursuant to regular
mail, provided the notice that was sent by regular mail isnot returned.
(d) The enforcement official shall attempt to obtain on the administrative citation the signature ofthe
responsible person, or in cases in which the responsible person is a corporation or business, the signature ofthe
person served with the administrative citation. If a responsible person or person served refuses or fail s to sign
the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of
subsequent proceedings.
(e) If the enforcement official is unable to locate a responsible person for the violation, the administrative
citation shall bemailed tothe responsible person bycertified mail, postage prepaid, return receipt requested.
Simultaneously, the same notice may be sent by regular mail, if a notice sent by certified mail in returned
unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by
regular mail isnot returned.
(f) If the enforcement official does not succeed in serving the responsible person personally, or by certified
mail or regular mail, the enforcement official shall post the administrative citation on any real property within
the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall
be deemed effective service.
(g) If the enforcement official does not succeed in serving the responsible person personally, by certified
mail or regular mail, and the city is not aware that the responsible person has a legal interest in any real property
within the city, the enforcement official shall cause the administrative citation to be published once a week for
four successive weeks in local newspaper published at least once aweek.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.060. Administrative fine.
The fine imposed pursuant to this article for a particular violation shall be in the amount set forth in the
schedule of fines and penalties established by resolution ofthe city council. The schedule of fines and penalties
shall specify the amount of any late payment charges imposed for failure to pay the fine by the due date.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.070. Payment of administrativ c fine.
Ddebed: The adrcini
Section 4. Section 1.04.070 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to the d tet.f-i—fte
read as follows: citat -.1r ane -he.
p—a-ttosecti- 1.04
officerdaterm as that
"The admimsbutive fine shall bepaid to the City within fifteen (15) daysfrom the date ofservice of eitati-abaara becaac
the citation. Payment ofthe fine, in the absence ofa timely request for a hearing pursuant to Section ad iniatafi-fiaeahal
1.04.080, constitutes a waiver ofthe responsible party's right to an administrative hearing."
(Ord. No. 13 (1999),§ 1,11-2-99)
14
Sec. 1.04.080. Request for administrative hearing.
Ddeted: Any —pm
EaS =- . Section 1.04.080 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended to
whom anal i dAr.tiv
read as follows:
may contest tho eitatio
days from the date of.
.dninistmtive citation
a request for hearing fc
"Any responsible person to whom an administmtiv a citation is issued may choose to contest dee
tothe city;.nd (z) eith
citation by requesting an admin is mhve hearing within fifteen (15) days ofservice ofdae citadon. Inorder to
.arrcniat.ti- fl- witl
providingnotice that.
request a hearing, the responsible person shall submit in the manner directed on die citation a fully
..tante aep�it harash
completed request for administm adve heating Joint along with either adeposit ofthe fut amount ofthe
egmA rsuantto gfm
request for hearing fon
administmdve fine (in cash orby way ofa negotiable check) ora notice that an advance deposit hardship
from the department sp
waiver request hasbeen filed pursuant to Section 1.04.090. The request for heating shall be incomplete if&
.dni.h—ti-cintim
does not include the deposit die full amount ofthefine orthe request for a hardship waiver. The deposit will
requesting the heating
certifieaneil,ret—
a meancoin et, request
bearingaccount until e matter sresove. I dlAy'd l
be retained in a non-interest th
t ttildf y p 9
the ti rre.na ptaceofth
ten daysbet'ore the dat
for hearing isnot submitted, the citadon shall be deemed fina4 and the fine shall be immediately due and
Any an mrentation, nt
owingto the C' and may be collected in an manner allowed b law or collection ofa debt
u1 y y y f f
ad i.i.tmtivecie.tion
enforcetrent nffiei.th.
Commencement ofan action to collect the deknquent fine shall not preclude issuance ofaddhional citations
ub nft to the hearing o
to the re onsiblereq
th
a should e volation t"
hip
tothe per—
certifiedneil, retumre
(Ord. No. 13 (1999),§ 1,11-2A9)
and eg.I—i.fi. di
five days before the da
the inf—tionsent by
remmeaunsigned, then
Sec. 1.04.090. Advance hardship waiver deposit.
aeetn:aefiectivebyret
Heil. Any information
h
Any responsible person who requests a hearing to contest an administrativ a citation and who is financially
enforeetrent offi6.1l
ftl ay.it.bietothe pemon
hearivg at the tine o
unable to deposit the administrative fine as required in section 1.04.070 may file a request for an advance
deposit hardship waiver. The request shall be filed with the development services division on an advance
deposit hardship waiver applic ation form, available from the department, no later than ten days after service of
the administrative citation. The city manager or his/her designee may issue an advance deposit hardship waiver
only if the person requesting the waiver submits to the city manager or his/her designee a sworn affidavit,
together with any supporting documents, demonstrating to the satisfaction ofthe city manager or his/her
designee the person's financial inability to deposit with the city the full amount ofthe fine in advance of the
hearing. Written proof offinancial hardship, ata minimum must include tax returns, financial statements, bank
account records, salary records or similar documentation demonstrating that the responsible person is unable to
deposit the penalty. The city manager or his/her designee shall issue a written decision specifying the reasons
for issuing or not issuing the waiver.
Ddeted: me decisie
Section fi_ Section 1.04.090 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended by
u ��tthe re emw,,
deleting the final two sentences thereof and adding in their place the following:
..a egul., firs d.ssn
nen.ger rhi./her aesi
"7he decision shall be final, and shall be served upon dee person requesting die waiver by regular
thatthe waiverisnot w
person .h.tl —it the I
ppr,.,�,t class mail I f the C' Managerorh&her designee determines that the waiver isnot warranted, the
Jam'ofthe
fl etothecitywithint
person shall remit dee full amo unt ofthe fine as deposit within ten (10) days ofmailing ofthe decision. If
city nen.ger o,I
watten aeeition.l
the full amount ofthe fine isnot deposited within the ten (10) daypetiod, the request for hearing shall be
(ora. N.. 13(1999), st
deemed incomplete and waived, and the ciiadon shall be deemed final The fine shall be immediately due
and owing to the City and may be collected in any manner allowed by law for cotectdon ofa debt"
(Ord. No. 13 (1999),§ 1,11-2A9)
15
Sec. 1.04.100. Time for administrative hearing.
Only after a request for hearing form is filed, and the responsible person requesting the hearing has either
deposited the administrative fine in full or obtained an advance deposit hardship waiver, shall the city set the
date and time for the administrative hearing. The hearing shall be set for a date not less than 15 days nor more
than 60 days after the request for hearing form is filed, and the administrative fine is deposited with the city or
an advance deposit hardship waiver is issued. The city shall send notice ofthe date, time, and place ofthe
hearing to the person requesting the hearing by certified mail, return receipt requested atleast ten days before
the date ofthe hearing.
(Ord. No. 13(1999),§ 1, 11-2-99)
Section 7. Section 1.04.100 of Title 1, Chapter 1.04 ofthe Diamond Bar Municipal Code isamended by
adding thereto the following :
"Any documentation, other than the administrative citation, which Use enforcement official has
submitted or will submit to the hearing offscer shall be sent to the person requesting the hearing by regular
first class mail atleast five days before die date on which Use hearing is scheduled. The documentation shall
also be made available upon request atdze time ofdse hearing."
Sec. 1.04.110. Request for continuance of hearing.
The responsible person requesting a hearing may request one continuance, but in no event may the hearing
begin later than 90 days after the request for hearing form is filed, and the administrative fine is deposited with
the city or an advance deposit hardship waiver is issued.
(Ord. No. 13(1999),§ 1, 11-2-99)
16
Sec.1.04.120. Appointment of administrativ a hearing otilcer.
The hearing shall be conducted by an administrative hearing officer appointed by the city manager to perform
such hearings.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.130. Procedures at admin istrative hearing.
The responsible person may attend the hearing in person or in lieu of attending may submit written argument
and documentation under penalty ofperjury prior to the time scheduled for the hearing. Administrative hearings
are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to
present evidence in support of his or her case and to cross -examine witnesses. The city bears the burden of
proof at an administrative hearing to establish a violation ofthe City Code. The administrative citation and any
additional reports submitted bythe enforcement official shall constitute prima facie evidence ofthe facts
contained in those documents. The administrative hearing officer must use a prepondera nce of evidence as the
standard ofevidence in deciding theissues.(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.140. Failure to attend administrative hearing.
If the responsible person fails to attend the hearing or fails to submit arguments in writing the administrative
hearing officer will render a decision based on the documents that have been received and the responsible
Ddu: N°latertha
person will bedeemed to have waived his/her right to an administrative hearing. Under those circumstances, the
dateonwhich theadai
co.cluaea,the adai.ia
administrative hearing officer may request additional information from either the responsible person or the
officershall issue..n
enforcement official as may be necessary to render a decision. If service of the administrative hearing is made
uphold of caacel the .,
cit.tioa.lhe .dn:niat.
by posting the citation on real property within the city in which the responsible person has a legal interest, and
°fficershatl set forth ti
the responsible person provides verifiable and substantial evidence that removal of the administrative citation
decision. The decision
apo. the responsible pt
from the property by third party caused the responsible person's failure to atten d the scheduled hearing, the
applicable—thud aet i
responsible person shall beentitled roan administrative hearing.
1.04.050. If the .d.i ni
omcer.phold. the.&
(Ord. No. 13(1999),§ 1, 11-2-99)
it,tton,thacityahaur
deposited bythe raT.
the adrry.i ati-heat
the adaa.iahati-citat
Sec. 1.04.150. Decision of administrativ a hearing officer.
has not been deposited
adv..ce deposit nardah
adnH,ista,ti_ hearing
spedfyinthe deci io.
ached.le for the fine.I
Seotinn R. Section 1.04.150 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is ame nded to
hearing oflicerca.ceia
read as follows:
6tation,anyfiae depot
anatl beproapdyrefaa
aanuniat" etas ng
"At the conclusion ofthe hearing orwithin fifteen (15) days thereafter, the administrative hearing—ed
thatthe vi.I.tiaafor W
occua 0,
officer shall render a decision asfollows.
eaaaible pe— has
credible ev denceofai
--me.-ti
(d) Determine that the violation for which the citation was issued occurred, and impose a fine in the
ler penaltythaa that
amount set fodh in the fine and penalty schedule, and ifdhe violation has not been corrected as
penalty schedule, the a
head.g office,—y ir.
ofthe date ofthe hearing, order correction or abatement ofthe violation. In this even4 tie City
pe.altyor.o peaaitya
shall retain the fine deposited by the responsible person.
adnenishativ hearing
decia as isr.al,a.d h
(e) Determine that the violation for which the citation was issued occurred, but that the responsible
reTaasibte person afh
PadJhas introduced credible evidence ofm laSating circumstances warrantingtiPosition ofa
apeal idea i.a
lora. N.. 13(9e9),
17
lesser fine than that prescribed in the fine and penally schedule, orno fine atall and impose
such lesser fine, ifany; and lfdhe violadon has notbeen corrected as ofthe date ofthe hearing,
order correction or abatement ofthe violation. In this event, the City shall retain all ora portion
ofthe fine deposited by the responsible person as applicable.
(� Determine that the violation for which the citation was issued did notoccur or that the condition
did not constitute a violation ofthe Municipal Code. In this event' the City shall refund the
deposit ifany, within fifteen (15)days ofdae decision.
The administrative hearing officer's decision shat/ be in writing, shall explain the basis for the decision, and
shall be served upon the responsible party by fast class mail to the address stated on the request for hearing
form. If applicable, the order shall set forth the date by which compkance shag be achieved and the
imposed fine paid to the City. The order shall be final on the date ofmaifing, which shall be deemed the
"date ofservice," and shall notify the responsible person ofthe right to appeal to the superior court, as
further described in Section 1.04.160."
(Ord. No. 13 (1999),§ 1,11-2-99)
Sec. 1.04.160. Appeal of decision of administrativ c hearing officer.
oadad: swthin20d
ofthe decision ofthe a
hearing officeropo" th
Section 9. Section 1.04.160 of Tide 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended to Lbli.g...t
he/she my see
read as follows: fi "ga"ot
iicipal covet. 7hhall .—ponWithin 20 da s a r service o the decision o One administratve hearin o�^^ r a on the te s n crit fY f f g JJ'� P the notice ofa7responsible person, hehhe may seek review ofdhe decision byf&ng a notice ofappealwidh die superior ble pe— r itcourt The re ansible erson shall serve a on the c' clerk either in erson orb ust class mail a co o fappeal,theadsP P P nJ P Y % PY % nffic e.&cisiOne notice ofappeaL If the responsible person fails to tmely file a notice ofappeal, the administrativea.
hearing officer's decision shall bedeemedfmaL" oerdm: lad. No. i
(Ord. No. 13(1999),§1,11-2A9) svin
Sec. 1.04.170. Late payment charges.
Any person who fads to pay to the city on or before the due date an administrativ a fine imposed pursuant to the
provis ions of this chapter, shall be liable for the payment of any applicable late payment charges set forth in the
schedule of fines and penalties established by resolution ofthe city council.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.180. Collection of a dministrative fine.
The city may collect any past -due administrative fine or late payment charges by use of any available legal
means.
(Ord. No. 13(1999),§ 1, 11-2-99)
Sec. 1.04.190. Failure topay administrative fine.
18
Section 10. Section 1.04.190 of Title 1, Chapter 1.04 of the Diamond Bar Municipal Code is amended to
read as follows:
Sec 1.04.190. Failure to Comply with Administrative Order.
"In the absence ofa timely appealm the superior court failure to comply with a final administrat ive
order directing the abatement ofa continuing violation by the date specified in the order is a misdemeanor
offense for each day thereafter, or any portion thereof, that the violation is maintained orpennitted. In the
event ofa timely appealm the superior caul pursuant to Section 1.04.160, and provided the City prevails
thereon, the responsible person sha0 be guilty ofa misdemeanor offense for each day, or any porion thereof,
that a continuing violation is maintained orpermitred after a caul ordered abatement date. Filing a
misdemeanor action does notpreclude the City from pursuing any other remedies to gain compliance
provided in this Code or under State law. For purposes ofthis Chapter, a "continuing violation" shall mean
a single, ongoing condition oractivity in violation ofthe Municipal Code."
(Ord. No. 13 (1999),§ 1,11-2A9)
Dddted: Failure top
administrative fine iso
thatevevt, orif the city
appeal to the —icipa
sactfou 1.04.160, andt
pc. failst",ffply
adm,istmtiveurder, tl
aaI misdeme
responsible person Fit
misaem:a acti"aaa
city from using a,yoth
Ml.blct.g i. comp)
anistmtive order.
Ddd>ed: (Ord. No. 1
Agenda # 8.2
Meeting Date: 10/07/03
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION ADOPTING THE FACILITY USE POLICIES AND FEES FOR THE
COMMUNITY/SENIOR CENTER
Recommendation: Adopt.
Financial Impact: None
Background :
The construction of the new Community/Senior Center is scheduled to be completed by February 7, 2004. Residents and
local organizations are already seeking to reserve dates for their activities and events at the Community/S enior Center. In
order to take reservations, it is necessary to have policies and fees that have been approved by the City Council. The City
Council reviewed the draft Facility Use Policies at their study session on August 5, 2003. The document was up -dated
based on City Council input and was forwarded to the City Council for additional review as a part of the Weekly Report on
September 26, 2003. During the past week, input was received from the City Attorney that resulted in the reconfiguration of
portions of the document. Also, a Table of Contents and a section on Tenant Users Insurance were added. The Facility
Use Policies for the Community/Senior Center document is now ready to be approved by the City Council.
Discussion:
The following changes, as requested by the City Council at the August 5, 2003 Study Session, have been made to this
document:
1. Weekend definition change to 5:00 P.M. Friday through 11:00 P.M. Sunday from 6:00 A.M. Saturday through 1:00
A.M. Monday. Page 12, number 3.
2. Senior use of Banquet Room limited to one use per week for each City recognized senior organization. Page 5,
letter D, number ii and Pages 7 & 8, letters D & E.
3. The availability of Special Event Insurance, listed as Tenant/User Insurance in this document, is stated in the
Liability and Insurance section (Page 10, number 5), and refers the reader to more details in Attachment IV. Tenant
User Insurance information and fees are included in Attachment IV.
4. Description of the kitchen has been added. Page 8, number 3.
5. A variety of changes have been made to shorten the cancellation requirements:
A. Banquet Room
i. Weekend Cancellations:
a. From 120 days to 90 days. Pages 4 & 5, number i, letter a
b. From 30 - 119 days to 30 - 89 days. Page 5, number i, letter b
c. From 120 days to 90 days. Page 5, number i, letter a
ii. Weekday Cancellations added:
a. 30 or more days. Page 5, number i, letterd
b. 29 or less days. Page 5, number i, letter e
iii. Weekday cancellation for non -profit organizations reduced from 120 days to 30
days. Page 5, number ii, letter a
B. Meeting Rooms, et al
i. Weekday Cancellations added:
a. 30 days instead of 60 days notice for $50 cancellation fee. Page 7, letter d.
b. 29 or less days notice allows 50% refund instead of no refund. Page 7, letter e.
6. Fee for projection T.V. use added; $50 per use. Equipment Rental Fee Schedule, Attachment III.
7. Staff still recommends that incense not be allowed in the facility. Input from the JPIA indicates that allergy sufferers
are negatively affected by incense. If council wants to allow this, maybe it could be added as a variance item.
8. There have also been some formatting changes to make the document easier to read.
Since the Facilities Use Policy was distributed with the Weekly on Sep tember 26, Council Member 0' Connor has requested
that tea lights (candles) be allowed at the Community/Senior Center. Staff has checked with the City Attorney, JPIA and L.A.
County Fire Department to determine if there are any issues related to tea lights. No one expressed any concerns, except
the fire department will require a permit to allow candles. See the permit requirements attached.
Staff believes the use of tea lights could result in some cleaning issues related to spilled candle wax, but the area hotels and
the banquet rooms at Royal Vista and Diamond Bar Golf Courses all allow candles. These facilities are likely to be the City' s
competition for banquet room rentals.
There are many details involved in establishing the Facility Use Policies for the Community/Sen for Center. If the City
Council would like more information on certain issues, those issues could be brought back at a later time for final
consideration. However, staff would like to have City Council approve the portion of the document that meets their
expectations so that requests from individuals and organizations wishing to book an event at the facility can be confirmed.
This is a dynamic document and staff expects to seek revisions as issues come up.
Bob Rose James DeStefano
Community Services Director Deputy City Manager
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 2, 2003 U,1���r
STUDY SESSION: M/Herrera called the Study Session to order at
6:03 p.m. in Room CC -8, South Coast Air Quality Management District, 21865 E.
Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, O' Connor, Zirbes,
Mayor Pro Tem Huff and Mayor Carol Herrera.
Also Present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April
Blakey, Public Information Manager; Sharon Gomez, Management Analyst; Ann
Lungu, Associate Planner and Nancy Whitehouse, Executive Assistant.
Discussion of Claims Process
RECESS: M/Herrera recessed the Study Session at 6:30
p.m.
CALL TO ORDER: M/Herrera called the Regular Meetingto orderat
6:40 p.m. in the Auditorium of the South Coast Air Quality Management District,
21865 E. Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiancewas led by M/Herrera.
INVOCATION: The Invocation was given by Ahmad H. Sakr,
Ph.D., Islamic Education Center.
ROLL CALL: Council Members Chang, O' Connor, Zirbes,
Mayor Pro Tem Huff and Mayor Herrera.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk.
Orel ytTr]:I N07 -F
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaimed September 2003 as National Alcohol and Drug Addiction
Recovery Month.
1.2 Presentation given by the Diamond Bar Improvement Association (DBIA),
SEPTEMBER 2, 2003 PAGE 2 CITY COUNCIL
sponsor of `Paint the Town" anddisplayof this year' svideo.
BUSINESS OF THE MONTH:
1.3 Presentation of City Tile to Grand Mobile as Business of the Month,
September 2003, and display of video— Continued to September 16, 2003.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: Margaret Sinohui,2549 Harmony Hill Dr., asked
for Council' sassistance regarding a code enforcement action related to a fence on
her property.
Eileen Ansari discussed the "smear"campaign of 2001 and stated that the same
persons are conducting a similar "smear"campaign this year. She urged
candidates to conduct clean campaigns. Further, she suggestedthat D.B. adopta
resolution similar to the resolution adopted by Walnut last week that every Council
Member would be given the opportunity to serve as Mayor during their four-year
terms. Accordingly, she felt that Mrs. O' Connorshould be the next Mayor, or D.B.
should elect its Mayor.
Clyde Hennessee, Sunset Crossing Rd., thanked staff for sweeping his street. He
felt the person responsible for mounting a `smear"campaign should be named.
Marie Buckland said the 2001 campaign flyers `smearing"candidate EileenAnsari
were disgusting. She hoped that kind of campaign would not occur in the future.
RESPONSE TO PUBLIC COMMENTS: CM/Lowry stated that it would not
be appropriate to discuss Mrs. Sinohui' scase except to say that staff is making
every effort to make a fair process available to every property owner to obtain
compliance with the City' sMunicipal Code.
M/Herrera explained that the City and the Council is not responsible for any
negative campaigning that was conducted. She, too, desired a fair and respectful
campaign.
5.1 TRAFFIC AND TRANSPORTATION COMMISSION SPECIAL MEETING —
September 3, 2003-6:30 p.m., Government Center/SCAQMD Room CC -6,
21865 E. Copley Drive.
5.2 NEIGHBORHOOD MEETING — ADEL/GERNDAL —September 4, 2003 —
6:30 p.m., Government Center/SCAQMD Room CC -6, 21865 E. Copley
Drive.
5.3 PLANNING COMMISSION MEETING —September 9, 2003 —7:00 p.m.,
SEPTEMBER 2, 2003 PAGE 3 CITY COUNCIL
Government Center/SCAQMD Auditorium, 21865 E. Copley Dr.
5.4 CALTRANS MONTHLY MEETING —September 10, 2003 — 6:30 p.m.,
Government Center/SCAQMD, Room CC -6, 21865 E. Copley Dr.
5.5 AMERICAN SPIRIT DAY — September 11, 2003-7:00 a.m. — Government
Center/SCAQMD Patio Area, 21865 E. Copley Dr.
5.6 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —September
11,2003-7:00 p.m., Government Center/SCAQMD Hearing Board Room,
21865 E. Copley Dr.
5.7 CITY COUNCIL MEETING —September 16, 2003— 6:30 p.m., Government
Center/SCAQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: Moved by Council Member Chang, seconded by
Mayor Pro Tem Huff to approve the Consent Calendar as presented. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' Connor,Zirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of August 19, 2003—As submitted.
6.1.2 Regular Meeting of August 19, 2003— As submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —July 22,
2003.
6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES — Regular Meeting of July 10, 2003.
6.4 APPROVED WARRANT REGISTERS dated August 21, 2003 and August
28, 2003, in the amount of $1,724,280.36. (C/O' Connor voted "no"on
approval of Invoice No. 080503-1 in the amount of $3,240 and the payment
to Sigma Internet in the amount of $82,489.50.)
6.5 REVIEWED AND APPROVED TREASURER' SSTATEMENT— month of July
2003.
6.6 REJECTED CLAIM FOR DAMAGES— Filed by WalnutValleyUnified School
District on May 15, 2003.
SEPTEMBER 2. 2003 PAGE 4 CITY COUNCIL
6.7 APPROVED GENERAL PLAN REPORT AND DIRECTED STAFF TO
FORWARD COPIES TO THE STATE OFFICE OF PLANNING AND
RESEARCH AND TO THE STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT.
6.8 ADOPTED RESOLUTION NO. 2003-39A AMENDING RESOLUTION NO.
2003-39 - FY 2003-04 MUNICIPAL BUDGET TO INCLUDE
APPROPRIATION FOR PURCHASE ORDER AND CONTRACT
CONTINGENCY CARRYOVERS.
6.9 ADOPTED RESOLUTION NO. 2003-53 ACCEPTING AN IRREVOCABLE
OFFER OF DEDICATION FOR ROAD PURPOSES FROM THE
ARCHDIOCESE OF LOS ANGELES (ST. DENIS CHURCH) AT SILVER
HAWK.
6.10 APPROVED AGREEMENTS WITH WALNUT VALLEY UNIFIED SCHOOL
DISTRICT, POMONA UNIFIED SCHOOL DISTRICT, ADELPHIA
COMMUNICATIONS AND THE LOS ANGELES COUNTY PUBLIC LIBRARY
FOR DISPOSITION OF SURPLUS COMPUTERS.
6.11 APPROVED AMENDMENT NO. 1 TO EXCEL LANDSCAPE CONTRACT
FOR LANDSCAPE MAINTENANCE SERVICES AT NINE LOCATIONS IN
LLAD #38 FOR FY 2003-04, IN THE AMOUNT OF $28,323.12, WITH A
CONTINGENCY AMOUNT OF $5,000; BRINGING THE TOTAL CONTRACT
AMOUNT TO $52,323.12.
6.12 AUTHORIZED ADDITIONAL LANDSCAPE MAINTENANCE WORK AT
PANTERA AND PETERSON PARKS TO BE PERFORMED BY VALLEY
CREST LANDSCAPE MAINTENANCE IN AN AMOUNT NOT TO EXCEED
$30,000 FOR THE 2003/04 FISCAL YEAR.
PUBLIC HEARINGS:
7.1 APPROVE FIRST READING OF ORDINANCE NO. 03-2003 RELATING TO
A DEVELOPMENT CODE AMENDMENT PERTAINING TO SETBACK
REGULATIONS, DRIVEWAYS AND SITE ACCESS, SLOPE
MAINTENANCE, TREE PRESERVATION AND PROTECTION,
RESIDENTIAL ACCESSORY STRUCTURES, SECOND UNITS,
TELECOMMUNICATIO NS FACILITIES AND LEGAL NON -CONFORMING
STRUCTURES.
SEPTEMBER 2, 2003 PAGE 5 CITY COUNCIL
Staff report given by DCM/DeStefano.
C/O' Connorasked for clarification concerning widening of driveways by 10
feet. Specifically, she questioned whether the apron leading from the street
to the drivewaycould be widenedas much as 10 feet as well. She said that
in her neighborhood the driveways or the aprons are narrower than the
garage. Further, she stated that many homes in her area have black tire
marks where they' vedriven over their curb because there' snot enough
room.
DCM/DeStefano explainedthat the specific section is a component of the
Development Code and is focused on theactual width of the drivewaythroat.
He indicated that what C/O' Connorwas referring to is the driveway apron
where it interfaces with the public street. There are standards for the
driveway apron, and typically, it is about 26 feet wide total for a residential
property and about 30 feet, maybe 32 feet, for a commercial property. He
explainedthat the City can do is take a look at the site and help a property
owner determine what the maximum width might be. In some cases, he said
that there' swill be some safety factors involved, dependingon wherethe lot
is located, if it' sa cornerlot, etc. But again,he said this code section refers
to the throat width, not the apron width, which is covered in a different
section of the MunicipalCode. Further, he indicatedthat the standard width
of a two -car garage is generally 18 feet.
In further reply to C/O' Connor, DCM/DeStefano stated that if a home had an
18 foot driveway apron, the apron could be increased to approximately26
feet.
M/Herrera opened the Public Hearing at 7:50 p.m.
Clyde Hennessee asked for a description of" slope" whattype of angleand
depth is considered a slope and can it be considered hillside or part of the
front yard of a home? He said there are many homes along SunsetCrossing
that are anywhere from three to fourfeet higherthan the physical road itself.
Interpretation of `slope"can be tough. He felt that there are a number of
residents in D.B. who cannot afford the maintenance required by the
proposed Ordinance. He further said that it was mentioned at a couple of
study sessions that there may be a possibility that the City would lend the
money to these individuals He was concerned about the need to perform
yearly maintenance on slopes after the first investment.
DCM/DeStefano responded that the public testimonyreferred to the Property
Maintenance Standards referenced earlier regarding the maintenance
landscapingrequirementsof slopes, particularlythose adjacentto ourpublic
streets and particularly those larger onesthat are very visible to the general
public, usually at the rearof single-family homes. He explainedthat there is
SEPTEMBER 2, 2003 PAGE 6 CITY COUNCIL
not a specific definition of `slope"within the proposed Code section
modification and thata grandfatherclause is not beingproposed. The Code
already says that all yards and setback areas have to be landscaped,have
to be maintained,foliagehas to be mowed, pruned, adequatelywatered,etc.
This amendment provides more detail and is very specific to those areas
adjacent to the public streets and highways.
There being no further testimony offered, M/Herrera closed the Public
Hearing at 7:57 p.m.
MPT/Huff stated that when discussion of grading took place during study
sessions, it appeared as though it was Council' sconsensus to keep the
slope neat, that it would be cumbersome for owners of some of these large
slopes to irrigate, grow and actually maintain them. He was concerned that
the very large slopes on D.B. Blvd. nearSteep Canyon would cost a fortune
to landscape. Therefore, a definition of "slope1night be appropriate.
DCM/DeStefano explained that the standard is trying to capture those
properties that have a complete lack of maintenance — meaning, those
properties that are clearly visible to large numbers of residents —motorists
on the road or residents in the neighborhood. It is not intendedto capture
those properties that have native vegetation that happens to be a part of
their rear yard, native vegetation that may have been there when they
purchased the house, when the house was constructed. The code
amendment is meant to capture properties such as those that are across
from Lorbeer Middle School where clearly, it has become a real eyesore.
D.B. is going through a transition and somewhat of a battle between those
that want additional preservation of the native vegetation and those that
want to "greeRup"the City. Part of the proposal was to achieve a level of
consistency, but the predominant part was to make sure that those
properties that don' presently have landscapinghave it and that it' properly
irrigated and we get rid of literally, the dirt and weeds appearance.
MPT/Huff feltthat the language of the slope section of the Ordinance should
be tuned up and quantified as he wouldn' tsupport the way it' scurrently
written. Those slopes with native vegetation should be maintained to the
extent thatthey' recleaned up atleastonce a yearwith removal of the foliage
that rolls down to the bottom of the fence. There is a stretch along northern
D.B. Blvd. that is behind chain link fencing which accumulates debris and
becomes an eyesore that should be cleaned up. However, a hillsidewith a
500 ft. slope that would now require somebody to landscape, irrigate and
maintain would be horrendouslyexpensive
MPT/Huff also commented on the issue of changingthe provisions relating
to political signs. He suggested that discussion of this issue be postponed
until after the current election season— perhapsresuming discussionat the
second Council meeting in November. He felt there was a need to witness
SEPTEMBER 2, 2003 PAGE 7 CITY COUNCIL
what the political signs look like in the City and be freshly reminded of what
the situation is.
C/Zirbes referred to Chapter 22.30,Off- Street Parking Standards, regarding
driveway and site access— currently, someone would need to apply for a
variance or some type of process, at City Hall in orderto increase driveway
size. With respectto the new language, could someonestill come in and get
a variance for an even wider driveway or a variance to increase the 50%
coverage, or would there be no variances allowed beyond that point?
DCM/De Stefano responded that variancesare very special toolsthat are not
frequently granted by the Planning Commission, nor are they frequently
granted by plan ningcommissions throughoutthe state. They are need edfor
very special circumstancesthat are typical lycharacterizedby specificfactors
on that lot where the variance is being requested. Usually, those factors
relate to the size, the topographyor some physical quality that creates a
need for an exception to the code. Approval of a variance for an increase
beyond 50% would depend on the specific case.
C/Zirbes pointed out thatvery unusual topographyexistsin D.B. andfeltthat
the City should not create anything too soon regardingslope maintenance.
He supported the first three sentences of the proposed language, but once
Council discusses where slopes should be irrigated and planted, perhaps
there might be a way to fine-tune and maybe make recommendations in
orderto minimize the type of weeding and debris clearing thatthe property
owners would need to do. He feltthatthe slopesshouldbe maintained and
that property ownershave a responsibilityto themselves andtheir neighbors
to maintain their slopes. He stated that in the City Council study session,
there was discussion of a palette orseries of standardsA through F. Did the
Planning Commission look at anything like that? Did Council fully develop
some type of a visual standard?
DCM/DeStefano replied thatthe Planning Commission sawthose photos. It
was a groupof photostaken by ourCommunity Services staff outlining levels
of care. The Planning Commission did not recommend any type of
standard based on the photos.
C/Zirbes then asked about wireless telecommunications. He stated that
Section GA. discusseswhere the facilities may be locatedand indicatesthat
there are different zones for locating a cell site. He asked if the "City
Telecommunication Facilities Opportunity Map" includes residential
property?
DCM/DeStefano explained that the opportunities map does include
residential properties, but only those that are comprised ofschools,
SEPTEMBER 2, 2003 PAGE 8 CITY COUNCIL
churches, water tanks, other public property and the like. He said that
currently, no private homes are included in the opportunities map.
C/Zirbes stated that he was now in agreement with the way the new
language is written; however, what will happen to those cell sites currently
approved via Conditional Use Permits when the permits expire?
DCM/DeStefano corrected his earlier statement by stating that there is one
single family home propertywith three or fourdifferent cell providers. Some
of those sites have Conditional Use Permits that run with the land and are
not subjectto expiration. Thereare otherCUPs for sites on thatpropertyfor
which the cell provider will be required to obtain Planning Commission
approval for renewal. Other sites throughout D.B., i.e., St. Denis Church,
D.B.H.S., etc. are zoned residential but not utilized as residential.
C/Zirbes explained that he was concerned about howthe new language
would affect that one private property. Regarding political signs, he agreed
with MPT/Huff that now might not be the proper time to discuss changes to
the Ordinance. He suggested thatthe discussion regarding political signs
be scheduled for the first Council meeting in November as the political
season would have ended and the affects of the current regulations would
be freshly evident at that point.
C/O' Connorsaid that the City should showthat they care abouttheir slopes
before going after residents who have slopes and commented that the City
has had tarps on part of the slope in lower Sycamore Canyon Park and
another area has been fenced off. She stated that the fencing was only
supposedto be for five years butthe plantsdidn' ttakehold. Shestated that
she had a friend with a large slope facing D.B. Blvd. who can onlyafford to
hire someone to come once a yearto take down the weeds and get the trash
company to come and pick them up. She would not be able to water, plant
and irrigate that slope. Regardingthe wireless issue, she reported that she
receives complaints almost dailyfrom peoplestating that they can' iget cell
service in D.B. and there' snow discussion of restricting antennas in some
areas. She suggested that Council remember the City is providing service
to its residents and there are areas in town where service is not available.
With respect to political signs, she stated that she had been trying to getthe
issue on the agenda for five years. Since there are abuses every election
season, she felt that the regulationsshould be fixed. Now that the matter is
being postponed, it should become a discussion item with the new City
Council after the November election.
C/Chang said he agreed with pretty much of what staff prepared and
proposed and confirmed bythe Planning Commission. Regarding driveway
and site access, he agreed with the 50% range allowing not more than 12
feet. In terms of slope maintenance, he suggested separation of this issue
from the rest of the Ordinance so that Council can study the issue further.
SEPTEMBER 2, 2003 PAGE 9 CITY COUNCIL
Slope maintenance in D.B. relates to the property value and prestige of the
City. He supported proper maintenance of the slopes but there is the issue
that some of the residents might not have the financial ability to do so. He
felt that a proposal should be developed for the City to work with the
residents in maintaining the slopes. Regarding political signs, he agreed
that the matter should be postponed until after the November election. He
then moved to 1) approve First Reading of Ordinance 02(2003) relating to
Development Code Amendments pertaining to setback regulations,
driveways and site access, tree preservation and protection, residential
accessory structures, second units, telecommunication facilities; 2) to bring
the slope maintenance backto the Council either for study session to make
a decision afterwards, orjust bringthematthe same time; and3)to bringthe
political signs standards backto the Council afterthe November 4th election
MPT/Huff seconded Mr.Chang' smotions.
M/Herrera clarified that the motions are to acceptthe ordinance, remove the
sections regarding reference to slopes and bring that back, and bring back
the section on election/temporary signs after November 4.
C/O' Connorindicated that she did not want the wireless communications
issue to remain in the Ordinance atthis time and recorded a "no"vote
against approval of the Ordinance and yes votes on the other two matters.
Motion carried 4-1 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Zirbes,MPT/Huff,M/O'Connor
NOES: COUNCIL MEMBERS -O'Connor
ABSENT: COUNCIL MEMBERS - None
CA/Jenkins asked M/Herrera if the direction to staff would be to schedule a
study session on the slope provisions and then thereafter reschedule a
Public Hearing and re -notice it or should the Public Hearing be re -opened
and continued to a date certain, with a study sessionsome pointbefore that.
Council concurred to schedule a study session on slopes and wait to
schedule a Public Hearing when Council is ready after studying the matter.
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/O' Connorreported that on August 20, the Sheriff sDepartment sponsored the
Contract Cities meeting; on August 21, the D.B. Community Foundation, the City
and Office Depot presented backpacksto the YMCA for underprivilegedchildren,
thanks to a grantfor about60 backpacks. Also, thanksto the City' SERC groupfor
providing additional inserts. On August22, she participated in the Pomona Unified
SEPTEMBER 2, 2003 PAGE 10 CITY COUNCIL
School District Measure J citizen' soversightcommittee. On August23, sheand Mr.
Chang joined the recreation staff for baseball program closing ceremonies at
Heritage Park. She also attended the Diamond Ranch Football Kickoff fundraiser.
On August 26, all Council Members attended Congressman Miller' sDpen house at
his new Brea office. On August 27, she attended the Sanitation District meeting
and today she attended the Local Governmental Services Commission meeting
through L.A. County. She asked staff if they knew of a Leagueof Cities contact in
the L.A. County division? Recently, the City has experienced problems with their
email system. She apologizedto residents who have experienced non -response.
She reported that sadly, long-time Planning Commissioner and former Parks and
Recreation Commissioner Joe Ruzicka resigned. He was recentlyappointedto the
Three Valleys Water District and assumes his new position immediately. She
asked that the Council meeting be adjourned in memory of CM/Lowry' sfather and
also in memory of Jim Thalman, Chino Hills Mayor, who passed away last week.
C/Chang reported thatthe Council Members are very busy taking care of the City' s
business. Summer vacation ended and students have returned to school. Parents
and students probably encountered more traffic problems when D.B.H.S. opened
because the traffic signal installation was delayed and because a new traffic
circulation plan was initiated. He stated that he and his family enjoyed several
family events during the Labor Day weekend.
C/Zirbes asked residentsto pleasedrive in a safe manner aroundthe schools. He
observed the new circulation plan at D.B.H.S. It is a shamethe signalwas not upin
time for the new school year. He was looking forward to seeing how well the new
circulation would move. He stated that he receives a lot of complaints about the
speed of traffic on eastboundPathfinder Rd. from Evergreen Springs to D.B. Blvd.,
an area that slopes down rapidly. He asked the Sheriff sDepartment to consider
deploying the radar trailer in the area on a 24-hour basis. He felt very proud with
staff sreport regarding the General Plan (Item 6.7). Further, he spoke about the
City' semail problems. He thanked Joe Ruzicka for his many years of fine and
dedicated service to the City as a Parks and Recreation Commissioner and as a
Planning Commissioner.
MPT/Huff said that, with respect to traffic in the D.B.H.S. area, traffic has been an
on-going concern of this Council. Most of the City' sschools were designed to be
neighborhoodschools that accommodated foot traffic. More and more peopledrop
off and pick up theirchildren. He said that schoolsare not concernedwith traffic so
it falls to cities to initiate mitigation. For the past few years, the City has been
working with the school districts to improve traffic flow. D.B.H.S. is expandingand
more and more students are driving. The newtraffic signal and left turns will allow
dedicated turns in and out of the D.B.H.S. parking lot and school perimeter. In the
meantime, patrol officers are assisting the school with traffic regulation and
education. Further, he reported that when he andM/Herrera came on the Council,
D.B. had no communication with neighboring cities. While attending regional
meetings, M/Herrera met two gentlemen from Chino Hills, one of whom was Jim
SEPTEMBER 2, 2003 PAGE 11 CITY COUNCIL
Thalman, who succumbed to cancer last week. He will be missed as a colleague
and as a friend.
M/Herrera said she was taken aback by the loss of Jim Thalman, a strong Chino
Hills leaderand a good friend to the City of D.B. She reported that the Mayor' s
Roundtable was held on August 28 and she received a lovely note from Jack and
Cathy Newe thanking herfor hosting the eventand allowing residentsto meet with
her and staff members. She thanked John Rowe for attending. One topic of
discussion was the need for the City to provide education to residents regarding
recycling. She stated that Joe Ruzicka has selflessly served on the Planning
Commission for the past eight years. Prior to that, he served on the Parks and
Recreation Commission for six years. He is the only person who has continuously
served as a Commissioner since City incorporation. She asked staff to plan a
special recognitionfor Mr. Ruzicka at the October 7 meeting. She invited interested
parties to apply for the vacated un -expired term by calling 396-5666 to requestan
application orto apply in person at City Hall. She wanted to finalize the
appointment by September 16. She reported how proud she was of the City' s
Finance Departmentstaff when she received a letterfrom the Government Finance
Officers Association stating that D.B.' scomprehensive Financial Report for Fiscal
Year ending 2002 qualifiesfor a Certificate of Achievement of Excellence in
financial
reporting. D.B. has received this award for the past eight consecutive years, a
noteworthy accomplishment. She reported that in spite of the state' spoor fiscal
condition, D.B. remains very fiscally sound. In 14 years, D.B. has neverexceeded
its annual revenuesin expenditures.lnfact, since incorporation, D.B. has amassed
a positive reserve balance in excess of $20 million. On August 5, the City Council
approved its goals for the newfiscal year. One of the goalswas to pursue a sports
complex. In 1998, she established several task force groups, one of which was to
pursue a Community Center that is now under construction. Once again, she will
appoint task force to look into the recreational needs of the City for youth and
adults. She asked Council MemberZirbes to chair the task force as the Council' s
representative. She would serve as alternate. She planned to d iscussthe matter of
representation and tenure of the group with staff and asked that the matter be
placed on the September 16 agenda for further consideration.
10. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 8:58 p.m. in memory of George Ferriera, father of
CM/Lowry and in memory of James Thalman, Chino Hills Mayor.
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this 7th day of October, 2003.
SEPTEMBER 2, 2003 PAGE 12 CITY COUNCIL
CAROL HERRERA, MAYOR
Agenda No. 6.1.3
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
DRI I��■SEPTEMBER 16,200J
STUDY SESSION: Mayor Herrera called the Study Session to order at
5:38 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, O' Connor,Zirbes, Mayor
Pro Tem/Huff and Mayor Herrera
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Lynda Burgess, City Clerk; Fred Alamolholda, Senior Engineer; Ann
Lungu, Associate Planner; Sharon Gomez, Senior ManagementAnalyst, Teresa
Arevalo, Sr. Management Analyst; Kim Crews, Senior Management Analyst;
Linda Smith, Sr. Management Analyst and Jim Clarke, Consultant.
Public Comments: None Offered
? DISCUSSION REGARDING LANDSCAPE MAINTENANCE OF PRIVATE
SLOPES
AssocP/Lungu presented staff sreport
C/Zirbes said he would be more comfortable if the languagewas cleaned
up to specifically identify that the City wants slopes to be maintained and
suggest how residents could proceed. For instance, he thought that the
City could produce a brochure identifying types of plant materials that
would abate weed growth. He further suggested that ata future date,
Council could consider a small matching program to help people purchase
plant materials for slope maintenance.
MPT/Huff concurred with C/Zirbes, saying that he was particularly
concerned about the cost burden to the homeowners. Perhaps the City
could require green for new homeowners and proceed with level Cfor
current homeowners. In that way, current and long-time homeowners
would not be penalized or expected to clean up native vegetation that had
taken overtaken the slope. He liked the way the City of Claremont
objectifies their amendment, requiring vegetation to be viable. He also
said he I iked Claremont' smatching program. Withouta redevelopment
agency, the City could perhapsfind a way to set up a fund to encourage
residents.
C/O' Connorspoke about a major slope that the resident could not afford
to maintain. She said the resident knows what needs to be done and has
an irrigation system in place but cannot afford to purchase the plants and
cannot afford to water the plants. She said the slopes aroundthe Pulte
SEPTEMBER 16, 2003 PAGE 2 CC STUDY SESSION
Homes are natural and asked if the City is saying that the homeowners
have to maintain those natural areas ata 12 -inch height? She said she
would like to see the City maintain these standards. She thought Pulte
Homes is a terrible example and that Sycamore Canyon is another
example. She felt that if the City can' tfix its slopes why would it expect
residents to fix their slopesand that if residents kept slopes safe from fire
and erosion that should be sufficient. She said that slopes along
Pathfinder are a good example of what could be done ; h owever,
association dues pay for the maintenance of those slopes. Should the
entire City be included with homeowners paying, say $100 a year, for
slope maintenance?
C/Chang felt that many of the slopes along major boulevards were too
steep and too large for residents to be properly maintained. When the
slope maintenance ordinancewas adopted, he said that many sections of
the City were not includedand that is why the City has a problemtoday.
CSD/Rose explained that if C/Chang was referring to the Lighting and
Landscape Maintenance Districts, they were set up as new neighborhoods
were developed.
C/Chang felt it would be a burden for many residents to install irrigation
systems and plant materials. He said he did not want to make a decision
at this time about whether to initiate a citywide district or manage slopes
on a case-by-case basis.
C/O' Connorsuggested that the City plant cypress trees along D.B. Blvd.
to mask the hillside.
M/Herrera explained that C/Zirbes is seeking additional information from
San Dimas.
C/Zirbes felt the Council should move forward
DCM/DeStefano summarized Council' sdiscussion:
To insure that new homes are immediately greened up;
That there be a program to deal with existing residences with a
possible combination of green and native brown on the property;
and
That staff look into the possibility of a program to assist
homeowners. He suggested that staff prepare materials for the
October 7 study session based upon Council' direction.
SEPTEMBER 16, 2003 PAGE 3 CC STUDY SESSION
C/Zirbes asked staff to look into preparing an educational brochure to aid
residents and have it available at City Hall and on-line.
DCM/DeStefano asked Council what percent of slope Council wanted to
consider for vegetation — 10% or some other figure? The photos show 25
%. Based upon D.B.' s topography and Council' s discussion, he
recommended 10%.
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Study Session to the regularmeeting at 6:18 p.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this 7th day of October , 2003.
CAROL HERRERA, MAYOR
Agenda No. 6.1.4
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BA RNAA
r�SEPTEMBER 16, 2003
STUDY SESSION: M/Herrera called the Study Session to orderat 5:38 p.m.
in Room CC -8, South Coast Air Quality Management District, 21865 E. Copley Dr.,
Diamond Bar, CA.
Present: Council Members Chang, O' ConnorZirbes, Mayor Pro
Tem Huff and Mayor Carol Herrera.
Also Present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney;
Jim DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu,
Public Works Director; Bob Rose, Community Services Director; Lynda Burgess, City
Clerk; Fred Alamolholda,SeniorEngineer;Ann Lung u,Associate Planner;Sharon Gomez,
SeniorManagementAnalyst, Teresa Arevalo,Sr. ManagementAnalyst; Kim Crews, Senior
Management Analyst; Linda Smith, Development Services Assistant, and Jim Clarke,
Consultant.
DISCUSSION REGARDING LANDSCAPE MAINTENANCE OF PRIVATE SLOPES
Public Comments
RECESSED STUDY SESSION: M/Herrera recessed the Study Session at 6:18 p.m.
CALL TO ORDER: M/Herrera calledthe meeting to orderat 6:40 p.m. in the
Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr.,
Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: The Pledge ofAllegiancewas led by M/Herrera.
INVOCATION: The Invocation was given by Ahmad H. Sakr, Ph.D.,
Islamic Education Center.
ROLL CALL: Council Members Chang, O' ConnorZirbes, Mayor Pro
Tem Huff and Mayor Herrera.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney;
David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; David Liu,
Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City
Clerk.
APPROVAL OF AGENDA: CM/Lowry announced that D.B. received an award of
funding from the Rivers and Mountains Conservancy in excess of $124,000. Therefore,
Agenda Item 6.10, Application for Grant Funds from the Recreational Trails Program for
the Sycamore Canyon Park Trails Project, should be withdrawn from the agenda.
SEPTEMBER 16, 2003 PAGE 2 CITY COUNCIL
be withdrawn from the agenda.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 Presented City Tile to Tim Foster, owner, Grand Mobile, as Business of the Month
September 2003; and displayed video.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that staff
recently commenced the Youth Master Plan process. SMA/Crews presented staff sreport.
A Youth Focus Group is slatedfor Wednesday,November 12 anda Community Workshop
will be heldon Thu rsday,January29, 2004. The telephonesurveywill be conductedduring
the month of November and the Attitudes and Behaviors survey for grades 6-12 will take
place during October and November. The Committee members expressed their
appreciation to the Council for having the insight and initiative to embark on this very
worthwhile project.
PUBLIC COMMENTS: Nancy Lyons, Friends of the Library,remindedresidenis
that " ReaclTogether Diamond Bar Program"would take placein October. The community
will read "Holes."She thanked the City for their support of the program. Among the many
activities scheduled, the kickoff 5K walk/run takes place on the morning of October 4
followed by a bike race for ages 8-18 and a 5K walk/race.
Aziz Ansari reported that Jack Tanaka' scampaign banner was stolen from Mr. Ansari' s
property and felt that Council and candidates should take note of the occurrence.
Jack Tanaka reported that his campaign bannerwas stolen from private property.
Marie Buckland wanted to know why Chairman Mr. Zirbes' name was not on a flyer
regarding a sports complex survey distributed at an event attended by three Council
Members.
Mary Matson asked how much the special election could cost the City of D.B. if Mr. Huff
was electedto the City Council this yearand then electedto the State Assembly nextyear.
Steve Tye said he fully supported Mrs. Ansari' surging for a clean, above -board election
campaign this year. He felt that no one should be subjected to what Mrs. Ansari was
subjected to two years ago. Further, he saidthat the offendingparty is known andthat he
has urged all Council Members to distance themselves from that individual. He asked
"what does the community do when the force of divisive politics is internal? We have to
expose it forwhat it is, even if it costs us personally" He shared with the Council a copyof
a letter that C/O' Connorsent to him requesting he add his name to it for publication just
before the election. He said that last Friday, he called to personally discuss the letter
SEPTEMBER 16, 2003 PAGE 3 CITY COUNCIL
said that last Friday, he called to personally discuss the letter content with C/O' Connor.
Would it actually cost $50,000? Would a special election truly be needed? He urged
C/O' Co n n o rto
have nothing to do with the letter and said he would have nothing to do with the letter. He
felt that the letter is unnecessary, unproductive and divisive. He indicatedthatC/O' Connor
let him know that she would be reconsidering her appointment of him to the Planning
Commission and hung up on him. He explainedthat while he isC/O' Connor' appointment
to the Planning Commission, he serves the community of D.B. --a privilege he takes
seriously. He said it is a responsibility he has executed with distinction and integrityfor six
years on the Planning Commission and four years prior to that on the Parks and
Recreation Commission. He exclaimed that he would not be a part of the politics of
divisiveness initiated by any individual for any reason. He urged all candidates and
supporters of candidatesto commit to campaigning on real issues for the improvement of
D.B.
RESPONSE TO PUBLIC COMMENTS: CM/Lowry explainedthat special elections
could cost the City between $38,000 and $50,000.
M/Herrera explained that some cities have made appointments to fill un-expiredterms until
the next regularly scheduled election. If a vacancyoccurs in January2005there would be
an election in November 2005.
CA/Jenkins responded that references made to preparation and distribution of flyer
contained the names of the mayor and mayor pro tem. Concern has been raised as to
whether or not the participation by three members of the Council in connection with the
distribution of the flyer has created a problemunderthe Brown Act. There is always cause
for concern when a majority of Council Members participate togetherwith even a minimal
level of communication or involvement in an activity outsidea Council meeting—an activity
that appears to be an official activity of the City. At best, there is a perception of
impropriety and at worse, a violationof the Brown Act. He reminded Council Membersthat
the serial meeting prohibitions contained in the Brown Act can often be at odds with the
normal inclination of members to communicate or coordinate with colleagues outside of
meetings. Nonetheless, care must always be taken to avoid communications among a
majority of the Council howevernatural they might seem, that resultin some action that is
arguablywithin the Council' sjurisdiction. In this instance, his view is that what occurred
may be cured by the Council addressing the issue of community survey in an open
meeting as partof the Council' sJiscussion of the work of the task force to openlydiscuss
the necessity or propriety of preparing a community survey.
SCHEDULE OF FUTURE EVENTS:
5.1 COMMUNITY FOUNDATION MEETING — September 18, 2003 — 7:00 p.m.,
Government Center/SCAQMD Room CC -8, 21865 E. Copley Dr. — Canceleddueto
anticipated lack of quorum.
SEPTEMBER 16, 2003 PAGE 4 CITY COUNCIL
5.2 YOUTH MASTER PLAN STAKEHOLDERS MEETING - September20,2003- 9:00
a.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd.
5.3 PLANNING COMMISSION MEETING -September 23, 2003 -7:00 p.m.,
Government Center/SCAQMD Auditorium, 21865 E. Copley Dr.
5.4 GERNDAL/ADEL NEIGHBORHOD MEETING WITH CALTRANS - September24,
2003- 6:30 p.m., Government/SCAQMD, Room CC -6, 21865 E. Copley Dr.
5.5 PARKS AND RECREATION COMMISSION MEETING - September25,2003,7:00
p.m., Government Center/SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.6 PUBLIC SAFETY COMMITTEE -October 3,2003,7:00 p.m., Walnut/Diamond Bar
Sheriff sStation, 21895 E. Valley Boulevard, Walnut
5.7 CITY COUNCIL MEETING -October 7, 2003 -6:30 p.m., Government
Center/SCAQMD Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by MPT/Huff to approve
the Consent Calendaras presented excluding Item 6.10. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' Connor,Zirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 RECEIVED AND FILED PLANNING COMMISSION MINUTES - RegularMeetingof
August 12, 2003 and Adjourned Regular Meeting of August 13, 2003.
6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES
- Regular Meeting of August 14, 2003.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES -
Regular Meeting of July 24, 2003.
6.4 APPROVED WARRANT REGISTERS dated September 4, 2003, and September
11, 2003, in theamountof$1,724,280.36with C/O' Connorvoting "NO'on approval
of P.O. No. 13429.
SEPTEMBER 16, 2003 PAGE 5 CITY COUNCIL
6.5 REJECTED CLAIMS FOR DAMAGES:
6.5.1 Filed by Carlos De La Roca September 2, 2003.
6.5.2 Filed by Amy Wang January 6, 2003.
6.6 ALLOCATED $587,000 FROM UNAPPROPRIATED PROPOSITION C FUND
BALANCE; AWARDED A CONTRACT FOR THE TRAFFIC SIGNAL
MODIFICATION PROJECT AT GRAN D AVENUE/SHOTGUN LANE, BREA
CANYON ROAD/LYCOMING STREET, AND GOLDEN SPRINGS DRIVE/BALLENA
DRIVE, TO MOORE ELECTRICAL CONTRACTING, INC. IN THE AMOUNT OF
$510,321, AND AUTHORIZED A CONTINGENCY AMOUNT OF $76,679 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $587,000.
6.7 ADOPTED RESOLUTION NO. 2003-53 APPROVING MITIGATED NEGATIVE
DECLARATION (ND 2003-04) FOR THE PROPOSED SUMMITRIDGE LIBRARY
PROJECT.
6.8 ALLOCATED $23,OOOFROM UNAPPROPRIATED PROP C FUND BALANCE AND
AWARDED CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR DESIGN
ENGINEERING SERVICES FOR GOLDEN SPRINGS DRIVE AT ADEL STREET
AND AT HIGH KNOB ROAD TRAFFIC SIGNALS PROJECTS IN THE AMOUNT OF
$16,200, AND AUTHORIZED A CONTINGENCY AMOUNT OF $6,800 FOR
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $23,000.
6.9 APPROVED AMENDMENT #2 TO EXTEND THE CONTRACT WITH WEST
COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND PLANING
SERVICES IN THE CITY OF DIAMOND BAR FOR 2003/04 FISCAL YEAR IN THE
AMOUNT NOT TO EXCEED $215,000.
6.10 RESOLUTION NO. 2003 -XX APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE SYCAMORE
CANYON PARK TRAILS PROJECT — withdrawn from agenda.
6.11 APPROVED SECOND READING OF ORDINANCE NO. 02(2003)RELATING TO A
DEVELOPMENT CODE AMENDMENT PERTAINING TO SETBACK
REGULATIONS, DRIVEWAYS AND SITE ACCESS, TREE PRESERVATION AND
PROTECTION, RESIDENTIAL ACCESSORY STRUCTURES, SECOND UNITS,
TELECOMMUNICATIO NS FACILITIES AND LEGAL NON -CONFORMING
STRUCTURES.
SEPTEMBER 16, 2003 PAGE 6 CITY COUNCIL
6.12 APPROVED AN AMENDMENT TO THE FY 2003 -04 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE AMOUNT OF
$10,000 TO PROVIDE FUNDING FOR THE "PAINTTHE TOWN" PROJECT.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 APPOINTED PLANNING COMMISSIONER TO FILL UNEXPIRED TERM
VACANCY.
M/Herrera moved, MPT/Huff seconded,to appoint Osman Wei to complete the un-
expired term of former Planning Commissioner Joseph Ruzicka. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 APPROVED FIRST READING AND WAIVED FULL READING OF ORDINANCE
NO. 03(2003) ENTITLED, AN ORDINANCE AMENDING DIAMOND BAR
PREFERENTIAL PARKING DISTRICT NUMBER ONE TO ESTABLI SH
PREFERENTIAL PARKING RESTRICTIONS ON SUNBRIGHT DRIVE AND WHITE
STAR DRIVE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
ACCORDINGLY.
Jeanette Shapiro, 1945 White Star Dr., said she did not believe there was a
problem on her street and that never had a problem parking in front of her house.
She noted that the onlynightthe street is crowdedwas graduation night. Before the
permit parking, however,she said thatstudents parkedon the street and there was
a problempriorto thattime. She wondered if anyone had surveyedthe street to see
how many cars were actually parked in front of homes.
M/Herrera explained that there are problems atthe end of the street. A number of
residents are unable to park in front of their homes.
MPT/Huff moved, C/Chang seconded, to approve First Reading and waive full
reading of Ordinance No. 03(2003).
SEPTEMBER 16, 2003 PAGE 7 CITY COUNCIL
C/Zirbes wonderedif the high schoolcould encourage students through incentives
to carpool.
Motion carried by the following Roll Call vote:
AYES:
COUNCIL
MEMBERS - Chang, O' ConnorZirbes, MPT/Huff
NOES:
COUNCIL
MEMBERS - None
ABSTAIN:
COUNCIL
MEMBERS - Herrera
ABSENT:
COUNCIL
MEMBERS - None
8.3 FORMATION OFSPORTS COMPLEX TASK FORCE.
M/Herrera explainedthat as Chairperson, C/Zirbes would be working with staff to
appoint community members to serve on the Task Force. Further, C/Zirbes is
charged with coordinating information and data with the goal of bringing the
information back to the Council for consideration.
M/Herrera moved, MPT/Huff seconded, to approve the concept of forming a Task
Force as outlined in staff' sreport.
C/O' Connorasked if the different organizations be the ones to appointsomeone to
be member of the Task force or will Chairman Zirbes look at the membership of the
organization and select one?
C/Zirbes respondedthathe would probablybe asking forthe chairman or president
of the organization unless they' rebusy and they might have better representative
that could be utilized on the Task Force.
M/Herrera explainedto C/O' Connorthatshe and C/Zirbes arethe two appointeesto
the task force. She further explained that she would appoint Steve Tye and Dan
Nolan from the Planning Commission and Dave Grundy and Marty Torres from the
Parks and Recreation Commission.
C/O' Connorasked if the individual Commissions had to approve the appointments
from Council. CA/Jenkins responded"no." He agreed that in accordancewith the
Brown Act, the Task Force meetings would be noticed.
MPT/Huff felt thatattention to potential Brown Act violationswould nothavebeen a
consideration exceptfor election season and thatthe processshould notbe tainted
by election rhetoric.
C/Zirbes said that when he joined the Council, one of its goals was to consider
creation of a sports complex and as a parentand concerned citizen with an interest
SEPTEMBER 16, 2003 PAGE 8 CITY COUNCIL
with an interestin youthand sports, he feltcompelledto pursuethe possibility.This
task force was created to provide information to the City Council for their ultimate
consideration.Council unanimouslyapprovedthis as agoal of pursuitfor this fiscal
year.
M/Herrera stated that this task force is part of an overall master plan for the City of
D.B.
Motion to approvethe conceptof forming a Task Force, as outlined in staff report,
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
M/Herrera appointed Steve Tye and Dan Nolan, representatives from the Planning
Commission.
M/Herrera appointed Dave Grundy and Marty Torres, representatives from the
Parks and Recreation Commission.
8.4 CONSIDERATION OF COUNCIL GOAL: CODE OF ETHICS
M/Herrera reported that the Ethics Subcommittee consisting of M/Herrera and
MPT/Huff continues to work with staff to review policies and procedures and will
offer a report when the preparation is concluded.
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/O' Connorreported on the Youth Master Plan committee meeting. The stakeholders'
meeting is slated forSeptember20 at9:00 a.m. at Heritage Park. She attendedthe League
of Cities Conference in Sacramento. She stated she did notwrite the letterpresented by an
earlier speaker. She would be happyto discuss any concernsthat residents may have.
C/Chang stated that all five Council Members attended the Gerndal/Adel Neighborhood
meeting with CalTrans. He thanked the participants for their concern andsuggestionsand
staff for their input. He attended the AYSO photo opportunity and commended them on
their citizenship. He applaudedthe parents,the coaches and referees who encouragethe
children to participate.The numberone issue atthe Leagueof Cities Conference was the
State budgetand what led to the current situation. The City is not making any money on
business license fees. He has been talking to service providers aboutimproving wireless
communication service in D.B.
C/Zirbes said thatover the last 18 months, the Neigh borhoodlmprovementCommittee has
accomplished a great deal. He encouraged residents to communicate with Council
SEPTEMBER 16, 2003 PAGE 9 CITY COUNCIL
communicate with Council Members to insure better service to the community. He felt
certain that no candidate would participate in stealing campaign banners and signs. He
encouraged residents to respect cand idates'signs during this election period. He felt Mr.
Wei' sexperience within the community would serve him well on the Plan ningCommission.
He encouraged residents to participate in the October " ReadTogether D.B." Frienda)fthe
Library program and the October 4 walk/run at the Country Hills Towne Center.
MPT/Huff responded to comments about the election campaign. He publicly denounced
anyonewho steals campaign signs and said that no one in his campaignwould participate
in that type of activity and he challenged other candidatesand residents to do the same.
He said that if people are caught damaging or stealing campaign signs they should be
prosecuted. He commented that he witnessed tonight' sspeakers removing signs from
private property during the last election. He explained that whether or not people agree
with campaign signs, they should respect other people' s property. He chastised
C/O' Connorfor threatening to remove Planning Commissioner Tye if he refused to sign a
letter that was circulated about
MPT/Huff. He said he appointedC/O' Connorto the Parks and RecreationCommission and
encouraged herto run for Council. He indicated that hewas sad anddisappointedwith her
behavior. He explainedthat his purposein runningfor Assemblywas to benefitthe City on
regional issues. In fact, he stated thathe hadworked hisway to the top of regional groups
to that end. He talked about his service on numerous regional groups and promotion of
projects to improve D.B. and the region. He asked how it would benefit D.B. for him to be
removed from any regional organization. He said that if he is successful in his quest for
State Assembly, the City of D.B. would not suffer, it would benefit. He wanted to pointout
that tonight' s$124,OOOgrant application was pulledfrom the agendabecausehe attended
last month' sRivers and Mountains Conservancy meeting and spoke out about the item.
Since the Conservancyhadtold staff that since D.B. had not acceptedthe Conservancy' s
open space plan and that as a result, the Conservancy might turn down D.B.' sgrant
application even though they had rated itthe highest on points. C/Huff said that the
Conservancy was attempting, through staff, to getthe City to change its position. He said
that changing position would have gone against the General Plan' s Housing and
Circulation Elements. He asked the Conservancy to reconsider based on areas of
agreement. He believedthat because he addressedthe Conservancy, D.B. was awarded
the grant. He said that if he is granted the ability to serve in the State Assembly, it will
benefit D.B.
M/Herrera said that she was sorrythat Mr. Tanaka' ssign was stolen. She did notcondone
that type of behaviorand hopedthe Council race would not further deteriorate and stated
that he publicdoes not deserve the divisiveness that has reared its ugly head within the
Council. She said she hoped for a clean and well-conductedcampaignallowingindividuals
to campaign on their assets. She spoke about the Leagueof Cities meeting and Senator
Boxer' sWildernessAct that proposesto extend the protection of wilderness land. saying
that the impacts of this particularact, although noblein concept,wouldadverselypresenta
SEPTEMBER 16, 2003 PAGE 10 CITY COUNCIL
particularact, althoughnoblein concept,would adversely present a major problemto D.B.
She explained that the City is in desperate need of additional roadways and Mrs. Boxer' s
proposal would further choke the City' straffic flow by diverting land to the Federal
Government and thereby eliminating the possibility of capturing land for afreeway
expansionand bypass roadways.She indicated that she hadspoken againstthe billatthe
conference, stating itwas imperative that Senator Boxerand herstaffconsiderthe impacts
to the cities throughoutthe state and that if she had notspoken out during the League of
Cities meeting, the bill would have passed. Shewas pleasedto have had a positiveimpact
on the outcome. She was also very pleased and honored to appoint Osman Wei to the
Planning Commission and congratulated his on his unanimous appointment.
10. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 8:41 p.m.
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this 7th day of October, 2003.
CAROL HERRERA, MAYOR
Agenda No. 6.2.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 26, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
Commissioner Nelson led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and
Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka.
Also present: Ann Lungu, Associate Planner and Stella Marquez,
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of August 12, 2003.
4.2 Minutes of Adjourned Regular Meeting of August 13, 2003.
C/Ruzicka moved, VC/Nelson seconded,to approvethe consentcalendaras
presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson,
VC/Nolan,
Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS:
5.1 Development Code Amendment No. 2003.01 — Temporary (Election)
AUUST 26, 2003 Page 2 PLANNING COMMISSION
Sians — (pursuant to Code Section 22.44) is a request to amend the
following Article/Section of the Development Code.
ARTICLE III
Sections 22.36.050 and 22.36.080 —Exemptions from Sign Permits and
Prohibited Signs: Amendment relates to the placementand size of election
signs and signs in the public right-of-way.
AssocP/Lungu presented staff s report. Staff recommends Planning
Commission adoption of the draft resolution.
Chair/Tye reiterated the Commissions desire to remain with the current
standard of 30 days.
AssocP/Lungu referred to CA/Jenkins' recommendation that the courts
determined that 30 dayswas unacceptableand 45 days was unacceptable.
Therefore, 60 dayswas an acceptable amount of time.
Chair/Tye agreed that CA/Jenkins recommended the aforementioned.
However, the PlanningCommission felt the existing codewas defensibleand
did not support doublingthe amount of time.
VC/Nolan felt that 30 days was sufficient and that signage should not be
allowed in the public right-of-way.
C/Tanaka was not comfortable with a one -for -all regulation. He felt there
were instances in which temporary signs should be permitted.
C/Ruzicka agreed that political signs should not be left up too long.
However, the City Attorney had a good point. Sixty days is not as intrusive
as 120 days. Having run for the City Council he understoodwhy individuals
would want to have their signs in place for a longer period of time.
C/Nelson agreedwith C/Tanaka. He did not feel comfortable recommending
no signs in the public right-of-way. He also agreed that signs in the public
right-of-way is blight. As a compromise, if signs were allowed in the public
right-of-way, he would definitely favor a 30 -day limit. In other words, leave
the code as written.
AUUST 26, 2003 Page 3 PLANNING COMMISSION
AUUST 26, 2003 Page 4 PLANNING COMMISSION
VC/Nolan opined that the City Attorney stated cities could not legislate
content. Therefore, when you allowsigns in the publicright of way, you must
allow all signs. He would prefer that no signs be allowed in the public right-
of-way.
Chair/Tye did not propose to do away with signs in the publicright of -way. In
addition, if all signs were eliminated, he would want by -the -board code
enforcement. For the good of the businesses in Diamond Bar he would not
advocate banning signs in the publicright-of-way. He felt that political signs
in the public right-of-way were investments by candidates. He proposed
leaving the code as currently written.
VC/Nolan said that it made sense to him to have spontaneous monuments
and real estate open house signs remain up for an appropriate period of
time. In his opinion, limiting the amount of time for political signs levels the
playing field.
C/Nelson moved, C/Ruzicka seconded,to directstaff to preparea resolution
leaving the Code as currently written. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tan aka,Cha ir/Tye
NOES: COMMISSIONERS: VC/Nolan
ABSENT: COMMISSIONERS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS: None
8. PLANNING COMMISSION COMMENTS: None
9. STAFF COMMENTS/INFORMA TIONAL ITEMS: As Listed
10. SCHEDULE OF FUTURE EVENTS: As Listed
As listed in the Agenda.
AUUST 26, 2003 Page 5 PLANNING COMMISSION
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 7:27 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Atte st:
Chairman Steve Tye
Agenda No. 6.2.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 9, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE:
Vice Chairman Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye Vice Chairman Dan Nolan and Commissioners
2.
3.
4.
5.
6.
Steve Nelson, and Jack Tanaka.
Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant, and Stella
Marquez, Administrative Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
4.1 Approval of August 26, 2003, Regular Meeting minutes.
C/Tanaka moved, C/Nelson seconded, to approve the August 26, 2003, Regular
Meeting minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
OLD BUSINESS: None
NEW BUSINESS: None
Nelson, Tanaka, VC/Nolan, Chair/Tye
None
None
SEPTEMBER 9, 2003 Page 2 PLANNING COMMISSION
7. PUBLIC HEARINGS:
7.1 Development Review No. 2003-04(pursuantto Code Section 22.66.060(A)(i) isa
request to revise the hours of operation for an existing restaurant "Aashiana
Restaurant"from 11:30 a.m. to 10:00p.m. daily. Current hoursof operationare 5:30
p.m. to 10:00 p.m. Mondaythrough Friday and 11:30 a.m. to 10:00 p.m. Saturday
and Sunday. (Continued from July 22, 2003)
PROJECT ADDRESS: 2020 Brea Canyon Road, Suite A-7
(Lot 180, Tract 30578)
Diamond Bar, CA 91765
PROPERTY OWNER: Nathaniel Williams
3029 Wilshire Boulevard #202
Santa Monica, CA 90403
APPLICANT: Akba r AI i
8481 Holder Street
Buena Park, CA 90620
DSA/Smith presented staff' s report. Staff recommends Planning Commission
approval of Development Review No. 2003-04(2), Findings of Fact, and conditions
of approval as listed within the resolution.
Gazala Kahn, applicant' sagent, asked for the Commission' s support of the
applicant' sbusiness and approval of Development Review No. 2003-04(2).
Chair/Tye opened the public hearing.
Mary Ferderer, 2020 Brea Canyon Road, Suite A-6, reiterated her concerns about
the restaurant' stype of operation, hours of operation and parking problems in the
center. Her company wants to remain at that location butwould find it more difficult
to conduct business if the restaurant was allowed additional hours.
C/Ne Isonexplainedthat parking studiesconductedon five different dates showthat
there are a varietyof parkingspaces available.Staff has verifiedthe information. He
SEPTEMBER 9, 2003 Page 3 PLANNING COMMISSION
the information. He asked if Mrs. Ferderer disputed the parking studies?
SEPTEMBER 9, 2003 Page 4 PLANNING COMMISSION
Mrs. Ferderer said that reference to 30 available spaces was ridiculous. The
available spaces are down by Chuck E. Cheese, a good distance away from their
office.
C/Tanaka asked Mrs. Ferderer if on July 31 when the pictures of double parking
were taken, were there spaces availablearound the building?
Mrs. Ferderer said she didn' tgo looking around the building but itwas pretty
packed. She didn' knowwhat was going on but itwas pretty bad that day.
Chair/Tye asked if Mrs. Ferderer had discussions about this matter with the
landlord?
Mrs. Ferderer said that Peggy Guess has spoken with the landlord several times
about this matter. The landlord opened it up for parking all the way down to Chuck
E. Cheese. The landlord is not being fair to the tenants who have been there for
many years.
Claudia Salazar, Managerofthe build ing,saidthat ownershiphasalways supported
extending the hours of the restaurant. For that reason, the owners paid for a
reciprocal parking ag reementthat extended the parkingfrom building E andA down
to building D (Chuck E. Cheese). She personally visits the property each month.
She likesto go during peak hours to see howbusinessis going. Everytime she has
visited the property there has not been a problem with parking. She spoke with a
number of tenants and retail operators in building A, who do not support extended
hours. Conversely, office tenants in the secondfloorof buildingC and E supportthe
additional hours and do not see parking as a problem.
Ms. Salazar responded to C/Tanaka thatat notime inthe pastwould vehicleshave
been towed had they parked next to Chuck E. Cheese.
Ms. Salazar indicated to C/Nelson that the only reserved parking spaces are for
SPARC. Whenthe currentowners boughtthe buildings,the agreementfor reserved
parking was alreadyin place.Theonly tenant that requested reserved parkingwas
Mr. Ali atthe time of the lease. Othertenants have requested reserved parking but
the owners have not allowed reserved parking.
SEPTEMBER 9, 2003 Page 5 PLANNING COMMISSION
Chair/Tye closed the public hearing.
Respondingto Chair/Tye, DCM/DeStefano explainedthatthe PlanningCommission
approved hours of operation for service to patrons from 5:30 p.m. to 10:00 p.m.
Monday through Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. The
Planning Commission also approved catering operation scommencingat11:30a.m.
daily. Catering does not typically include take-out.
Chair/Tye, responding to a former speaker, clarified that the Planning Commission
did notexcludethe applicantfrom serving lunch, it approvedthe applicants request.
The Planning Commission specifically asked the applicantif the restaurant could
survive without serving lunch and the Commission was told it would survive.
DCM/DeStefano recollected that the applicantasked for hours that included lunch
service. Atthe conclusionofthe Planning Commission discussion, the applicant
indicated, in responseto questions and concerns about parking from the dais, that
he could live with a "dinneronly"service Mondaythrough Friday.
C/Tanaka asked if in the parking study the number of parking spaces included"20
minute" spaces. Staff indicated yes.
Chair/Tye said he visitedthe locationtwice in recentdays. He observedthe SPARC
has reserved parking and the curb in front of Shanghai indicates "restaurant
parking."Does the City or the building owner enforce parking?
DCM/DeStefano explainedthat parking is a private party enforcement between the
tenants, propertyowner and violators.
C/Tanaka visited the location on several occasions, one immediately following the
July 22 meeting. Today he visited the center and observed SPARC and numerous
restricted parking areas with green curbs in front of many businesses.
Chair/Tye referred to a letter from Diamond Dance Wears. He asked staff to
address their "nomeeting notices"contention.
SEPTEMBER 9, 2003 Page 6 PLANNING COMMISSION
DCM/DeStefano responded to a prior speaker that notice by law is required of
property owners surroundingthe site, in this case, 700 feet, well beyond the state
law requirements of 300 feet. Notice by law is not required to tenants. The City
provides for notice within local area newspapers and posts public hearings at
specific locations throughout the City. The City also requires an announcement
board be placedon the property in anticipationof a publichearing. This matter was
continuedfrom a publichearing discussion several weeks ago.Thecontinuanceof
a public hearing does not require notice. It is presumed that those who are in
attendance have constructive notice. On rare occasions,the Planning Commission
and/or City Council direct additional notice when a large project affects several
hundred -property owners within an immediate area. Legal staff confirms that
because the speakerattended tonight' shearing and spoke to the Commission it is
evident that she had prior notice.
DSA/Smith respondedto C/Tanaka that 20 parking spaces were calculated based
on service and patron area in accordancewith the Diamond Bar Municipal Code.
C/Nelson spokeabouthis parking concerns.The agreementto evening hours only
does not factor into his thinking because of the reciprocal parking agreement. With
that, there is anopportunityfor a tenantto expandhis businessand he isattempting
to take advantage of that opportunity. He wants to do everything possible to
facilitate businessgrowth in Diamond Bar becausethere are 14 spacesin excessof
the Municipal Code requirement and parking for the proposed used is consistent
with the Code. In his opinion, the Planning Commission is being asked to referee a
"freefor all"that falls to the businessesowner. Legally, the Planning Commission is
charged with upholding the City' sMunicipal Code. Therefore, he agrees with the
request for expansion of hours.
C/Tanaka agreed that the numerous studies showthat there is adequate parking.
VC/Nolan concurred.The reciprocal parking agreement changesthe complexion of
the request. He believed there were issues outside of the parking situation that
needed to be mitigated between the building owner and tenants.
8.
SEPTEMBER 9, 2003
Page 7 PLANNING COMMISSION
Chair/Tye said that on paper, the parking study said there are sufficient parking
spaces. When he drovethe area he observedthe parkingto the rearof the building
next to the freeway to be less than desirable. In addition, there may be plenty of
parking by Chuck E. Cheese but he would not make the walk. If he had a business
in the building and felt that parking was an issue for his visitors he would want his
customers to have easy access to his business. If the restaurant had asked for
lunch service from the beginning,he may have reached a different conclusion.
VC/Nolan moved, C/Nelson seconded,to approve Development Review No. 2003-
04(2), Findings of Fact, and conditions of approval as listed within the resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Tanaka, VC/Nolan,
NOES: COMMISSIONERS: Chair/Tye
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMMENTS: C/Nelson than kedDSA/Smithforthe
Power Point presentation and would like to see more.
Chair/Tye was sorry that Joe Ruzicka resigned from the Planning Commission. Mr.
Ruzicka will be missed.
1�IZIY6]V kyi/-1% 0[0]J_1Mr1:11kyi&S
DCM/DeStefano reported that Joe Ruzicka is invited backto the PlanningCommission on
October 14, 2003, for a proper "roasting"to celebrate his years of service. M/Herrera
intends to appointherreplacementon September16. Further, she asked that Mr. Ruzicka
be recognized by the City Council on October 7.
DCM/DeStefano stated that at its September 2 meeting, the City Council received the
packet of Development Code amendments. Council approvedthe amendments with two
exceptions: 1) landscapemaintenanceslopestandards (Study Session September16)and
2) election signs (discussion to take place after this year' selection). He indicated that
because the Planning Commission directed that the amendment remain as currently
written, no furtheraction on the election sign amendment was necessary according to the
City Attorney. Therefore, the matter was forwarded to the City Council on September 2.
SEPTEMBER 9, 2003 Page 8 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
Chair/Tye reminded Commissioners that the City and Chamber would sponsorAmerican
Spirit Day on September 11.
SEPTEMBER 9, 2003 Page 9 PLANNING COMMISSION
DCM/DeStefano stated the Commission/Council dinner meeting would take place on
Monday, September 29.
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 8:05 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Chairman Steve Tye
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D./ THE GOVERNMENT CENTER
21865 E. Copley Drive
AUGUST 28, 2003
CALL TO ORDER:
Chairman Hull called the meeting to order at 7:05 p.m. in the SCAQMD/Government
Center Building Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE:
Commissioner Torres led the Pledge of Allegiance.
ROLL CALL:
Present: Chairman Hull, Vice Chairman Grundy and Commission ersLui
and Torres
Commissioner Lyons was excused
Staff: Bob Rose, Director of Community Services; Don Hensley,
Parks & Maintenance Superintendent; Ryan Wright,
Recreation Supervisor and Marisa Somenzi, Administrative
Assistant.
PRESENTATION OF 2003 CITY YOUTH BASEBALL SPORTSMANSHIP AWARDS:
RECESS: Chair/Hull recessed the meeting at 7:07 p.m.
RECONVENE: Chair/Hull reconvened the meeting at 7:17 p.m.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As presented.
1. CONSENT CALENDAR
1.1 Approvalof Minutes of May27,2003Joint Meetingwith City Council.
1.2 Approval of Minutes of July 24, 2003 Regular Meeting
C/Torres moved, VC/Grundy seconded, to approve the Consent Calendar as
presented. Without objection, the motion was so ordered with C/Lyons absent.
AUGUST 28, 2003 PAGE 2 P&R COMMISSION
2. INFORMATIONAL ITEMS
2.1 Recreation Program Report — by RS/Wright and CSD/Rose
a. Concerts in the Park Financial Summary
b. Youth Baseball Program Financial Summary
2.2 Diamond Bar Community Foundation Oral Report — Chair/Hull.
2.3 C.I.P. Program Report —Oral Report by Bob Rose, Community Services
Director
a. Summitridge Park—Restrooms, Tot Lot and Drinking Fountain
b. Trail Development at Sycamore Canyon Park
c. Community/Senior Center Project
3. OLD BUSINESS
3.1 Parks Report—Review ofresults of parksite visits duringthe pastquarter—
report by PMS/Hensley.
VC/Grundy suggestedthat duringthe soccerseasonthe fields remain under
constantvigilance so thatwhen water collects it is immediately mitigated so
that the fields are not under additional stress.
CSD/Rose and PMS/Hensleytold Chair/Hull thatValleyCrest is doinga very
good job. Tru -Green has improved on their maintenance. PMS/Hensleyfelt
thatthe newforeman would meet the challengein the long term.
CSD/Rose said there is a great deal of difference in cost and performance
between the two contractors. He was concerned that Tru -Green would not
be able to maintain their current level of service under the terms of their
contract. Even though theirservice level has risen, he wouldnotask the City
Council for additional money to continue their contract at this time.
4. NEW BUSINESS
4.1 Schedule of next Park Site Visits:
DATE
PARK
COMMISSIONER TIME
TBD
Pantera
Torres
TBD
Maple Hill/Paul C. Grow
Grundy
9/25/03
Peterson
Hull 8:30
Ronald Reagan/
TBD
Starshine
Lyons
AUGUST 28, 2003 PAGE 3 P&R COMMISSION
9/23/03 Sycamore Lui 10:00
TBD Heritage Lyons
N/A S u mmitri d g e
5. ANNOUNCEMENTS: C/Lui feltthe newCommunity/Senior Center would be a
good moneymakerfo r the City. He hoped that staff would have a good system that would
allowthe City to welcome all of the new businessthat would come into the City.
C/Torres congratulated RS/Wright on his handling of the user group facilities scheduling
meeting. Everything seems to be running very smoothly. AYSO' spicture date is
Saturday, September 6.
VC/Grundy recently visited the community center in Elk Grove, Chicago, an amazing
facility. The gymnasium held three full-sized basketball courts, two indoor soccercourts
and a running track on the upper story. In addition, there were indoor racquetball courts,
an Olympic -sized indoor swimming pool, a full-scale indoor water park, outdoor water
park, other utility rooms, and a carousel.
Chair/Hull leaves tonightfor Brazil and Guyanato conductAYSO training. He wished D.B.
AYSO well. He was pleasedto see the young people recognizedduringtonight' sweeting
ADJOURNMENT: Upon motion by C/Torres, seconded by C/Lui and there being no
further business to come before the Parks and Recreation Commission, Chairman Hull
adjourned the meeting at 8:21 p.m.
Respectfully Submitted,
Bob Rose, Secretary
Atte st:
Chairman Jeff Hull
AGENDA #6.4
NOTICE REGARDING THE WARRANT REGISTER
Please note that the Warrant Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Warrant Register,
please contact the City Clerk's office at 909 -839-7000 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer'sStatement — August 31, 2003
RECOMMENDATION:
Approve the August 2003, Treasurer' sStatement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6. S
Meeting Date: Oct. 7, 2003
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer' sStatement for the City
Council' sreviewandapproval. This statement shows the cash balances for the various funds, with a
breakdown of bank account balances, investment account balancesand the effective yield earned
from investments.
PREPARED BY:
Susan Full, Accountant ll
Department Head
Attachments:
Treasurer' sStatement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
August 31, 2003
GENERAL FUND
LIBRARY SERVICES FUND
COMMUNITY ORG SUPPORT FD
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
ISTEA Fund
INTEGRATED WASTE MGT FD
AB2928 -TR CONGESTION RELIEF FD
AIR QUALITY IMPRVMNT FD
PARK & FACILITIES DEVEL. FD
COM DEV BLOCK GRANT FD
CITIZENS OPT -PUBLIC SAFETY FD
NARCOTICS ASSET SEIZURE FD
CA LAW ENFORCEMENT EQUIP PRGM
LANDSCAPE DIST #38 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
CAP IMPROVEMENT PRJ FD
SELF INSURANCE FUND
EQUIPMENT REPLACEMENT FUND
COMPUTER REPLACEMENT FUND
PUBLIC FINANCING AUTHORITY FUND
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
BEGINNING TRANS
BALANCE RECEIPTS DISBURSEMENTS IN (O
$22,735,910.97
$865,958.08
$1,039,717.80
80,647.69
CHANGE FUND
486.04
1,996.00
500.00
3,450.00
229, 783.94
110, 025.99
1,441,048.37
112,434.74
79,855.79
1,310,983.12
0.00
568,627.01
10,728.64
40,006.38
148,498.07
2,156.80
2,457,778.65
(72,679.74)
23,636.25
192,395.16
2,909.73
308, 582.33
84,625.95
482,642.94
2,830.93
15,560.43
253,177.73
847.83
7,132.50
394,467.64
550.18
6,683.98
111,579.53
(853,465.94)
904,858.72
1,234,900.41
191,440.32
2,355.95
7,012,505.18
514.15
10,727.13
$38,357,807.66
$1,093,161.90
$2,107,903.81
GENERAL ACCOUNT
$58,125.13
PAYROLL ACCOUNT
11,065.55
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS $69,!
INVESTMENTS: USTREASURY Money Market Acct. $169,111.51
LOCAL AGENCY INVESTMENT FD 30,101,721.36
CASH WITH FISCAL AGENT:
US TREASURY Money Market
Account
LOCAL AGENCY INVESTMENT FD
(Bond Proceeds Account)
TOTAL CASH
$627,933.60
6,374,358.60
30,270,£
7,002,
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF a
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fi;
of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested over
L.A.I.F - Effective Yield - Aug 2003
Wells Fargo Money Mkt -Effective Yield -Aug 2003
Union Bank Money Mkt - Effective Yield - Aug 2003
1.632%
0.395%
0.950%
All investments are placed in accordancewith the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidityto meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.6
Meeting Date.' October 7. 2003
AGENDA REPORT
TITLE: Create a personnel action line item in the City' sbudget and appropriate necessary
funds from General Fund Reserves ($75,000)
RECOMMENDATION:
It is recommended that the City Council appropriate $75,000 from General Fund Reserves to create
an additional line item in the Human Resources FY 2003-04 budget.
FISCAL IMPACT:
The appropriation of these funds would reducethe General Fund Reserves by $75,000.
DISCUSSION:
Throughoutthe year employment and personnel issues arise which need to be addressed. Often
these issues, if addressed immediately and in the appropriatefashion, can be resolved without
incurring additional legal costs. By creating this budgetaryline item, the City Managerand the City
Council will have the funds necessaryto address any personnel or employment issues that occur
throughoutthe year.
It is recommended that the City Council approve the requestto create an additional line item in the
City' sbudget The City Council action to create this line item does not include any City Council
approval to expend the funds. If, however, during this fiscal year personnel or employment issues
arise, the funds will be available to address the issues immediately. Any expenditureof these funds
will be done in accordancewith the City' sMunicipal Code, Government Code, and Council adopted
Rules & Regulations.
Prepared by:
Deputy City Manager
Agenda: 6_7
Meeting Date: October 7. 2003
CITY COUNCIL 7 AGENDA REPORT
'r xroaaF°O
198q��
TO: Honorable Mayor and Members ofthe City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE INSTALLATION OF STOP SIGNS ON HIGH
KNOB ROAD AT SEAGREEN DRIVE
RECOMMENDATION:
That the City Cou ncil approve Resolution No. 2003 -XX.
FINANCIAL IMPACT:
The installation ofstop signs and centerline striping will cost approximately $500 and
will befunded bythe City' ssigning and striping maintenance budget allocation for FY
2003-2004.
BACKGROUND:
There have been concerns raised by residents regarding speeding along High Knob
Road between Golden Springs Drive and Grey Cloud Lane. High Knob Road allows
access to the residences in the northeasterly portion of the City from Golden Springs
Drive.
Road Characteristics
High Knob Road is a residential street with an overall length that is approximately
1,855 linear feet from Golden Springs Drive to Grey Cloud Lane. The street width is 40
feet curb tocurb. The existing speed zone is25 mph. Lane configuration consists of
two (2) lanes with no centerline striping.
From Golden Springs Drive, the ascending grade rate is gradual. For example, the
grade rate starts at approximately 3% and transitions to 7% at Milkyway Place. The
grade rate continues to increase to 8% up to Seagreen Drive. Approximately 150 feet
from the intersection of Seagreen Drive, High Knob Road begins a descending grade of
5%to Grey Cloud Lane.
Currently, there is a stop sign on southbound Seagreen Drive at High Knob Road .
Volume and Speed
The Diamond Bar speed trailer was deployed atthree (3) locations. The following is a
summary of the data obtained. See attached speed survey for complete information.
Location: Eastbound High Knob Road near Seagreen Drive
Date
Aug. 27 thru Aug. 28, 2003
Time
9:15 a.m. to 9:00 a.m.
Total Vehicles
2,105
Maximum Speed
43 mph
Average Speed
28.35 mph
85`h Percentile
32 mph
Location: Westbound High Knob Road near Seagreen Drive. (System failure causing
lost data from 10:00 a.m. on August 28 through 9:00 a.m. August 29, 2003.)
Date
Aug. 28, 2003
Time
9:15 a.m. to 10:00 a.m.
Total Vehicles
98
Maximum Speed
39 mph
Average Speed
26.15 mph
851h Percentile
30 mph
Location: Southbound Seagreen Drive
Date
Aug. 29 thru Aug. 30, 2003
Time
9:00 a.m. to 9:00 a.m.
Total Vehicles
613
Maximum Speed
44 mph
Average Speed
28.41 mph
85`h Percentile
33 mph
Visibility
Sight distance was reviewed at the High Knob Road and Seagreen Drive intersection .
Looking east (to the left) from Seagreen Drive, motorists can see oncoming vehicles for
approximately 150 feet (3 houses). High Knob Road then begins a downhill grade
allowing no visibility of oncoming vehicles.
Looking west (to the right) from Seagreen Drive, motorists have clear visibility of
vehicles traveling up the hill from Milkway Place. However, west of Milkyway Place, the
street curves obscuring any vehicles approaching from Golden Springs Drive.
Accidents
Within the previous three (3) year period, there have been no reported collisions near
the intersection of High Knob Road and Seagreen Drive
DISCUSSION:
There is a visibility obstruction on eastbound High Knob Road of oncoming vehicles
due to a vertical curve when approaching Seagreen Drive. On westbound High Knob
Road, visibility is obscured due to horizontal curves west of the intersection.
Furthermore, speeds were in excess of acceptable limits with a maximum speed of 43
mph and an 85 `h percentile of 32 mph. Further consideration is recommended to install
50 feet of centerline striping on High Knob Road for channelization at the intersection.
The intersection meets the criteria in regards to speed and restricted sight distances
due to the horizontal and vertical curvatures along High Knob Road.
The topic was reviewed and discussed atthe Traffic and Transportation Commission
meeting of September 11, 2003. T he Commission recommended the installation of
stop signs on High Knob Road atSeagreen Drive and 50 feet of centerline striping for
channelization atthe intersection.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2003 -XX
Traffic and Transportation
Attachment A -- Aerial Map
James DeStefano
Deputy City Manager
Commission Minutes
RESOLUTION 2003 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE INSTALLATION OF STOP SIGNS ON HIGH KNOB ROAD AT SEAGREEN DRIVE.
Recitals
(i) The Traffic and Transportation Commission considered this matter at a public meeting
on September 11, 2003.
(ii) At the meeting of September 11, 2003, the Traffic and Transportation Commission
determin ed that the installation of stop signs on High Knob Drive at Seagreen Drive will enhance and
improve the public health, safety and welfare.
(iii) The Traffic and Transportation Commission recommends the installation of stop signs on
on High Knob Drive at Seagreen Drive
Resolution
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the City of Diamond Bar
Municipal Code, as heretofore adopted;
2. The City Council hereby finds the public health, safety and welfare will be best protected
by the installation of stop signs on High Knob Drive at Seagreen Drive as herein prescribed;
3. The City Council of the City of Diamond Bar hereby authorize and direct the City
Engineer to cause said stop signs to be installed.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this _ day of October, 2003.
Carol Herrera, Mayor
ATTEST:
Lynda Burgess, 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 7th day of October, 2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
Agenda: 6.8
Meeting Date: October 7. 2003
CITY COUNCIL 7 AGENDA REPORT
'r xroaaF°O
198q��
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE INSTALLATION OF MULTI -WAY STOP SIGNS
ON SOUTH PALO CEDRO DRIVE AND EAGLENEST DRIVE
RECOMMENDATION:
That the City Cou ncil approve Resolution No. 2003 -XX.
FINANCIAL IMPACT:
The cost to install the stop signs will be approximately $300 and will befu nded by the
City' ssigning and striping maintenance budget allocation for FY 2003 -2004.
BACKGROUND:
There have been concerns raised by residents regarding speeding along South Palo
Cedro Drive.
Road Characteristics
So. Palo Cedro Drive is a residentia I street with an overall length that is approximately
2,207 linear feet (from Beaverhead Drive to Rock River Road). The street width is 36
feet curb to curb. The existing speed zone is 25 mph. Lane configuration consists of
two (2) lanes with no center -line striping.
From Beaverhead Drive to Eaglenest Drive, the ascending grade rate on So. Palo
Cedro Drive begins at 3% and increases to 11% at Eaglenest Drive. From Eaglenest
Drive for approximately 150 feet, South Palo Cedro continues to increase the grade
rate to 12%. At this point, the street flattens out then begins an 11 % descending grade
down to Rock River Road.
Eaglenest Drive is a residential street that is approximately 1,391 linear feet between
So. Palo Cedro Drive and Rock River Road. The descending grade rate between So.
Palo Cedro Drive and Rock River Road is 10%. The street width is 36 feet curb to
curb. The existing speed zone is25 mph. Lane configuration consists oftwo (2) lanes
with no centerline striping.
Volume and Speed
The Dia mond Bar speed trailer was deployed atthree (3) locations. The following is a
summary of the data obtained. See attached speed survey for complete information.
Location: Southbound Palo Cedro Drive between Beaverhead Drive and Eaglenest
Drive.
Date
Aug. 13 thru Aug. 14, 2003
Time
2:00 p.m. to 2:00 p.m.
Total Vehicles
247
Maximum Speed
43 mph
Average Speed
25.41 mph
85 Percentile
32 mph
Location: Northbound Palo Cedro Drive between Eaglenest Drive and Casettas Drive.
Date
Aug. 12 thru Aug. 1 3, 2003
Time
11:00 a.m. to 11:00 a.m.
Total Vehicles
228
Maximum Speed
42 mph
Avera e Speed
25.79 mph
85`h Percentile
32 mph
Location: Westbound Eaglenest Drive near 221 Eaglenest.
Date
Aug. 11 thru Aug12, 2003
Time
6:00 a.m. to 6:00 a.m.
Total Vehicles
178
Maximum Speed
39 mph
Average Speed
22.5 mph
851h Percentile
29 m h
Visibility
Sight distance was reviewed at the intersection. So. Palo Cedro Drive exhibits vertical
curves obscuring the ability of motorists to see oncoming vehicles when exiting from
Eaglenest Drive (please see attached aerial map). Furthermore, vehicles were
observed parked along both curbs on So. Palo Cedro Drive further limiting the visibility
of motorists on Eaglenest Drive.
Accidents
Within the previous th ree (3) year period, there have been no reported collision s at the
intersection.
DISCUSSION:
There is a visibility obstruction atthe intersection due to vertical curves as well as
parked vehicles. Furthermore, speeds were in excess ofacceptable limits with a
maximum speed of 43 mph and an 85 `h percentile of 32 mph.
The intersection meets the criteria with regard to speed and restricted sight distances
due to the horizontal and vertical curvatures along So. Palo Cedro Drive and Eaglenest
Drive.
The topic was reviewed and discussed atthe Traffic and Transportation Commission
meeting of September 11, 2003 . The Commission recommended installation of multi -
way stop signs on South Palo Cedro Drive and Eaglenest Drive.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2003 -XX
Traffic and Transportation
Attachment A -- Aerial Map
James DeStefano
Deputy City Manager
Commission Minutes
RESOLUTION 2003 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE INSTALLATION OF MULTI -WAY STOP SIGNS ON SO. PALO CEDRO DRIVE AND
EAGLENEST DRIVE.
Recitals
(i) The Traffic and Transportation Commission considered this matter at a public meeting
on September 11, 2003.
(ii) At the meeting of September 11, 2003, the Traffic and Transportation Commission
determined that the installation of multi -way stop signs on So. Palo Cedro Drive and Eaglenest Drive will
enhance and improve the public health, safety and welfare.
(iii) The Traffic and Transportation Commission recommends the installation of multi -way
stop signs on So. Palo Cedro Drive and Eaglenest Drive.
Resolution
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND,
DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is pursuant to Sections 10.08.010 and 10.08.080 of the City of Diamond Bar
Municipal Code, as heretofore adopted;
2. The City Council hereby finds the public health, safety and welfare will be best protected
by the installation of multi -way stop signs on So. Palo Cedro Drive and Eaglenest Drive;
3. The City Council of the City of Diamond Bar hereby authorize and direct the City
Engineer to cause said multi -way stop signs to be installed.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this _ day of October, 2003.
Carol Herrera, Mayor
ATTEST:
Lynda Burgess, 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 October, 2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 6.9
Meeting Date: October 7, 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING REPRESENTATIVES OF THE CITY OF DIAMOND BAR TO ACQUIRE
FEDERAL SURLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR
SURPLUS PROPERTY
RECOMMENDATION:
Itis recommended that the City Council adoptthe Resolution.
FISCAL IMPACT:
None
BACKGROUND / DISCUSSION:
Since May 19, 1996, the City of Diamond Bar has maintained eligibilityto participate in the Federal
Surplus Program. The Department of General Services Procurement Division is requesting eligibility
renewal. Only names listed in the resolutionwill be considered currentand all previous authorized
names will be rescinded. The resolution is included in the El ig ibil ity Renewal Application.
Approval of this resolution will allowthe City of Diamond Bar to purchase federal surplus items.
"Surplus'Underthis programincludes military and state items rangingfrom buses and other vehicles
to computers and office furniture.
There is no cost for renewing the City' seligibility. The approval of the application and resolution will
merely provide the City of Diamond Bar the opportunityto purchase items as they become available
through the program. All purchases made through the program will conform to the City' spurchasing
policies and procedures.
Prepared by:
Jim Clarke, Legislative Analyst
Attachments
Agenda # 6. 10
Meeting Date: October 7. 2003
CITY COUNCIL'„ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Second Reading of Ordinance No. 3 (2003), An Ordinance amending
Diamond Bar Preferential Parking District Number One to Establish
Preferential Parking Restrictions on Sunbright Drive and White Star Drive
and Amending the Diamond Bar Municipal Code Accordingly.
RECOMMENDATION :
It is recommended that the City Council waive full reading and adopt Ordinance No. 3
(2003).
FINANCIAL IMPACT:
The installation of parking signs will cost approximately$1,000and will be funded by the
City' ssigning and striping maintenance budget allocated for this FY 2003-2004.
BACKGROUND/DISCO SSION:
On January 19, 1999 the City Council adopted Ordinance No. 3 (1999)creating
Preferential Parking District Numbers One and Two. Preferential Parking District
Number One (see Exhibit A) was establishedto facilitate shortterm parking and the
efficient use of street parking spaces by residents. During school days, the streets
surrounding Diamond Bar High School are impacted by the shortage of parking spaces
on the school site.
Currently, there are ten (10) residential streets utilizing the permit programwithin District
Number One. These are Birch Hill Drive, Broken Arrow Drive, Cazadero Place,
Evergreen Springs Drive, Fern Hollow Drive, Los Cerros Drive, Lost River Drive,
Pathfinder Frontage Road, Tambo Place, and Viento Verano Drive. On these streets,
parking is regulated by "1Hour Parking, 7:00 a.m. to 4:00 p.m., School Days Only,
Except by Permit".
This matter was broughtto our attention by residents of White Star Drive and Sunbright
Drive who were having difficulty parking in their respective street due to studentparking.
To gauge the interests of the residents, a letter was first sent to every residence
requesting a call or e-mail to inform the City as to their preference. A follow-up survey
postcard was then mailed to each residence requesting their written response to their
preference to be included in the Preferential Parking Program.
Twenty-eight (28) postcards were sent out to the residents on White Star Drive. Of
those twenty-eight, nine (9) postcards were returned in favor of the programand six (6)
were returned against initiating the program.
Forty-six (46) postcards were sent to the residents on Sun bright Drive. Of those forty-
six, fourteen (14) postcards were returned in favor of the program and eight (8) were
returned against initiating the program.
Under this program, each household may choose to obtain any of the following types of
permits:
? 1) Annual permits for two family members at no cost;
? 2) Temporary permits for theirvisitor(s) at no cost (valid for 24 hoursto five days;
and
? 3) 24-hourpermits to be utilized with unattached trailers/boats.
In order for the Sheriff sDepartment to be able to distinguish resident' svehiclefrom a
non -permitted vehicle, residents will be required to apply for annual parking permits that
will be placed on the rearviewmirror. Both annual and temporary permits are at no
cost to the resident. The City will work with the residents who have special
circumstances on a case-by-case basis.
PREPARED BY:
Sharon Gomez, Senior ManagementAnalyst
REVIEWED BY:
David G. Liu James De Stefano
Director of Public Works Deputy City Manager
ATTACHMENT: Ordinance No. 3 (2003)
Exhibit A, Map of Preferential Parking District Number One
ORDINANCE NO. 3 (2003)
AN ORDINANCE AMENDING DIAMOND BAR PREFERENTIAL
PARKING DISTRICT NUMBER ONE TO ESTABLISH PREFERENTIAL
PARKING RESTRICTIONS ON SUNBRIGHT DRIVE AND WHITE STAR
DRIVE AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
WHEREAS, there is a shortage of on -street parking on certain
residential streets within the City, and parking restrictions have been
imposed to facilitate short term parking and the efficient use of street
parking spaces; and
WHEREAS, the City wishes to increase the availabiliV of street
parking spaces for residents and their guests as permitted by Section
22507 of the California Vehicle Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Subsection (c) of Section 10.16.1350 of Division 6 of
Chapter 10.16 of Title 10 of the Diamond Bar Municipal Code is
hereby amended to read as follows:
"(c) Parking Restrictions. No parking for more than one (1) hour
from 7:00 a.m. to 4:00 p.m. on school days exceptwith an Annual or
Temporary Parking Permit:
Street Location
Evergreen Springs Drive: Both sides of the street from Sunbright Drive to
2017 Evergreen Springs Drive (2017 to 2338
Evergreen Springs Drive).
Lost River Drive: Both sides of the street from Evergreen Springs Drive
to Castle Rock Road (21504to 21612 Lost River
Drive).
Birch Hill Drive: Both sides of the street from Evergreen Springs Drive
to Castle Rock Road (21515 to 21651 Birch Hill
Drive).
Cazadero Place: Both sides of the street from Evergreen Springs Drive
to the end of the cul de sac (21503to 21519
Cazadero Place).
Viento Verano Drive:Both sides of the street from Evergreen Springs Drive
to 1980 Viento Verano Drive (1980- 2035 Viento
Verano Drive).
Broken Arrow Drive: Both sides of the street from Viento Verano Drive to
21453 Broken Arrow Drive/ Both sides of the street
from Fern Hollow Drive to 21364 Broken Arrow Drive.
Tambo Place: Both sides of the street from Pathfinder Road to the
end of the cul de sac (21305to 21325 Tambo Place).
Fern Hollow Drive: Both sides of the street from Pathfinder Road to Los
Cerros Drive (1953 - 2036 Fern Hollow Drive).
Pathfinder Road: Both sides of the street from Evergreen Springs Drive
to the end of (Frontage Road) the cul de sac (21501
to 21536 Pathfinder Road).
LOS CERROS DRIVE BOTH SIDES OF THE STREET CUL-DE-SAC
(1946, 1947,1954,1955, 1960,1961, AND 1963 LOS CERROS DRIVE).
Sunbright Drive: Both sides of the street from Fountain Springs
Road to end of cul-de-sac at 2400 Sunbright Drive
(2400 to 2565 Sunbright Drive).
White Star Drive: Both sides of the street from Viento Verano Drive
to end of cul-de-sac at 1983/1987 White Star Drive
(1903 to 1987 White Star Drive).
Section 2.
The City Clerk is directed to certify to the passageand adoptionofthe
Ordinance and to cause it to be publishedor posted as required by law
Section 3
If any section, subsection, sentence, clause, portion, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of any competent jurisdiction, such decision shall not
affect the validityof the remaining sections, subsections, sentences,
clauses, portions, or phrases of this Ordinance. The City Council hereby
declaresthat it would have passed this Ordinance and each and every
section, subsection, sentence, clause, portion, or phrase without regard to
whether any othersection, subsection, sentence, clause, portion, or
phrase of the Ordinancewould be subsequentlydeclaredinvalid or
unconstitutional.
PASSED, APPROVED AND ADOPTED this day of
2003.
Carol Herrera, Mayor
I, Lynda Burgess, the City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting
of the City Council of the City of Diamond Bar, California, held on the
day of , 2003, and was finally passed at a regular meeting
of the City Council of the City of Diamond Bar, held on the day
of , 2003, by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
Lynda Burgess, City Clerk
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.11
Meeting Date: _10/07103
AGENDA REPORT
TITLE: AWARD OF CONTRACT IN THE AMOUNT OF $24,000 TO THE PACIFIC INSTITUTE
FOR CONSULTING SERVICES TO PROVIDE STAFF AND ORGANIZATIONAL
DEVELOPMENT.
RECOMMENDATION: City staff recommends the City Council award the contract.
FINANCIAL IMPACT: There are sufficientfunds availablewithin the overall General Government
Department of the General Fund as well as separate training budgets across the departments to
absorbthe cost of this training program. The contract with The Pacific Institute (TPI) to providethe
Phase 2 consulting services, facilitated training sessions and study materials is in the amount of
$24,000. Phase 1, the diagnostic phase of the project has been completed for the contracted amount
of $4,750.
Cost breakdown:
Phase 1- Diagnostic surveys, analysis and presentation $4,750.00
Phase 2-"Imagine21"training sessions (32total hoursofinstruction) $12,000.00
Study guide and materials (48 @ $250) $12,000.00
Tota 1 $28,750.00
BACKGROUND: The Pacific Institute, founded more than 30 years ago by educators Lou and
Diane Tice, has earned a world-wide reputation for developingthe most effective performance
development programs for individuals, corporations sports teams, government entities, and all types
of organizations. From their international headquartersin Seattle, TPI' sprograms are in place in 54
countries and in 15 languages. TPI' swork, based on social learningtheory and cognitive psychology,
is anchored in the knowledge that individuals,groups, and organizations repeatedlydemonstrate a
measurable performance in life, business, and civic services through continual goal setting, self-
regulation, and self-evaluation. This program provides the toolsfor increased organizational
productivity.
DISCUSSION: The main goal of the training is to grow a constructive corporate culture that will
expect and promote constant performance improvements. The focus of the program is on
11unstickingToot cause, systemic thinking, and behaviors (identified during the diagnosticphase), so
more effective patterns can produce increased success. TPI' smulti-phase processes, customized to
the City of Diamond Bar' sgoals and objectives, will link education, measurement tools, operations
application, leadership coaching, and team developmentso the City' score beliefs and day-to-day
practices will alIowthe professional staff to effectively and efficiently execute the goals and objectives
of the City Council.
Phase 1- the diagnostic phase, consisting of three scientifically reliableand valid assessment tools,
was conducted with the staff duringthe past several months. The results of this phase, representing
the synthesis of this triad input, were presented to the staff on September 15, 2003.
Phase 2- " Imagine 21," ahighly-flexible approach, customized to the needs and goals of Diamond
Bar, is a performance -enhancement program using field-tested principlesfrom the cognitive sciences
and focused on constructive culture developmentth rough self and group efficacy and positive
methods for change. Staff will develop skills, which will equipthem to be creative option thinkers,
internally motivated, willing to take accountability, confident and resilientin the face of temporary
setbacks, and effective collaboratorsto work toward achieving goals.
The goal of this process is to enhancethe professional developmentofthe staff and create a
constructive culture; thereby increasing productivity and employee morale. The attached contract has
been reviewed and approved by the City Attorney.
ATTACHMENTS:
1) Consulting Services Agreement
2) The Pacific Institute' sProposal for Services (labeled as "ExhibitA" )
IWC OWTWAI WO91 YA
:7111 WTV491:yis
Kim Crews David Doyle
Senior Management Analyst Deputy City Manager
CITY COUNCIL
Agenda # 6.12
Meeting Date: October 7. 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE AN AMENDMENT TO FISCAL YEAR 2003-2004 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE AMOUNT OF $48,745
TO PROVIDE FUNDING FOR THE YMCA AND HOME IMPROVEMENT PROGRAM
AND SIDEWALK PROJECTS AND ADOPT RESOLUTION NO. 2003 -XX.
RECOMMENDATION:
Approve the amendment and adoptthe Resolution.
BUDGET IMPLICATION:
The amendment will be incorporated into the City' sFiscal Year 2003-2004 CDBG Program Budget.
The CDBG Program does not impact the General Fund budget of the City.
BACKGROUND:
On December 17, 2002, the City Council approved the Fiscal Year 2003-2004 Community
Development Block Grant (CDBG) Program funding in the amount of $388,495. CDBG Program
funds are targeted to benefit low- and moderate -income households and to eliminate slums and
blight.
Subsequentto the City' sapproval of the CDBG Program budget,the Los Angeles County Community
Development Commission (CDC) notified the City of Diamond Bar that an additional $58,745 became
available for projects and programs. The increase in the CDBG allocation is based on the CDC' s re-
calculation of Fiscal Year2003-2004 funds using Census 2000 data.
On September 16, 2003 the City Council approved an allocation of $10,000 to fund the 2004 Paint
the Town Project. This agenda report requests approval to utilize the remaining allocation of $48,745
to augment previous allocations to the YMCA, the City Home Improvement Program and a City
sidewalk project.
DISCUSSION:
In December 2002 the YMCA received a Fiscal Year 2003.2004 allocation of $41,500 for its After
School Child care and Summer/ Off-track Day Camp Programs. The YMCA has requested additional
funds in the amount of $6,500 in order to fund the expansion of the After School Childcare Program.
The Home Improvement Program received $125,000 in CDBG funds for FY 2003-2004.The program
issues home improvement loans and grants to homeowners of low and moderate income on a first
come -first served basis. The program currently has a waiting list of approximately 14 applicants. An
allocation o $30,OOOwill be utilized to supportthe needs of 2 to 3 additional applications.
The City Public Works Division received $114,000 in CDBG funds in December to construct a
sidewalk along the north side of Golden Springs Drive between the In -N -Out Restaurant and Gateway
Center Drive during FY 2003-2004. Our design consultant now estimates the total cost of the
sidewalk project at approximately $150,000. An additional allocation of $12,245 will help to close the
project funding gap. Additional resources to complete the project will be found through other Public
Works funding sources.
The request for CDBG funding for the YMCA, City' s Home Improvement Program and the Sidewalk
Project may be allocated from the additional CDBG funds made available to the City for Fiscal Year
2003-2004. Upon City Council approval of funding for these Programs, the City will prepare and
submit the necessary project documents to the Los Angeles County Community Development
Commission to amend the 2003-2004 CDBG Program.
It is recommended that the City Council approve funding for the referenced projects. City staff will
execute the CDBG documents required for implementation of the programs.
PREPARED BY:
James De Stefano
Deputy City Manager
Attachments:
Draft Resolution No. 2003 -XX
Request from YMCA dated October 1, 2003
RESOLUTION 2003-
A
003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE CITY' SCOMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FOR FISCAL YEAR 2003-2004 TO PROVIDE FUNDING FOR THE
YMCA, CITY HOME IMPROVEMENT AND SIDEWALKPROJECTS
WHEREAS, on August 22, 1974, the P resident of the United States signed into law the Housing
and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding economic
opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar receives an annualallocation of Federal Community
Development Block Grant (CDBG) funds to further the attainment of these goals; and
WHEREAS, on December 17, 2002, the City of Diamond Bar approved the City's Community
Development Block Grant (CDBG) Program for Fiscal Year 2003-2004 with funding in the amount of
$388,495; and
WHEREAS, the City of Diamond Bar has received notification of the availability of an additional
$58,745 in Community Development Block Grant (CDBG) funds during Fiscal Year 2003-2004; and
WHEREAS, on September 16, 2003 the City of Diamond Bar allocated $10,000 in said additional
Community Development Block Grant (CDBG) funds to the Diamond Bar Improvement Association for
the Paint the Town Project; and
WHEREAS, the City of Diamond Bar has received a request from the YMCA, the Planning
Division and Public Works Division for additional funding; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The funding allocation for the 2003-2004 Program year shall be amended to include
CDBG funding in the amount of $48,745 to be allocated to the YMCA After School Child Day Care
Program ($6,500), the Home Improvement Program ($30,000) and Sidewalk Project ($12,245).
Section 2. That the City Manager or her designee is authorized to execute the contractual and
related documents to be prepared by the County of Los Angeles, which are required for the
implementation of the program set forth herein.
Section 3. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED, AND ADOP TED this 7 th day of October, 2003.
Carol A. Herrera
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing
Resolution Number 2003- was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its regular meeting held on the 7 th day of October,
2003, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Lynda Burgess
City Clerk
Agenda # 6.13
Meeting Date: 10/7/03
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayorand Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Voter Participation Mailing
RECOMMENDATION: Consider authorizing city-wide "getout the vote" mailing.
FINANCIAL IMPACT: The mailing will cost approximately $3,500 for postage and printing and
can be paid from the existing operating budget of the General Fund. Additional costs yet to be
determined will be incurred to obtain a minimal amount of translation services only to direct non-
English readersto information sources.
BACKGROUND: In an effort to combat low voter turnout, some cities actively promote voter
registration and election participation. The City routinely promotes voter participation in local
elections by placing advertisements in local newspapers, the monthly City Newsletter, and the
City webpage. Reminders are also placed on the normal scrolling of events on the Diamond
Bar television channel 3.
For the first time in the State' shistory a special gubernatorial recall election will be held on
October 7, 2003, a month before Diamond Bar' sregular election scheduled on November 4,
2003. It has been suggested to staff that the close proximity of the two elections may cause
voter burn -out or confusion, reducing turnout at the City' selection.
DISCUSSION: The Council may want to consider sending a special city-wide informational
direct mailing to Diamond Bar residents in order to reduce voter confusion that may result from
having participated in the special statewide election and in some cases having voted in unusual
polling places four weeks before the regular municipal election. The mailing couldaccomplish
the following:
1. Remind voters of the upcoming local election on November 4, 2003.
2. Inform voters of the upcoming October 20, 2003, registration deadline.
3. Provide the County Registrar's website for voter registration.
4. Provide various locations and telephone numbers by which voters can obtain polling
place information.
Since such a mass mailing to deal with an upcoming local election has not been a past practice
of the City, staff seeks Council' sconsenton this suggestion.
Agenda # 6.14
Meeting Date: October 7.2003
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Authorize Disposal of Surplus Computers
AGENDA REPORT
RECOMMENDATION:
It is recommended that the City Council authorize the disposal of ten (10) surplus computers and
associated hardware.
FINANCIAL IMPACT:
There is no financial impact associated with the disposition of the computers. The total combined
value of the computers is less than $500.
DISCUSSION :
In September 2003 the City donated a number ofsurplus computers to Walnut Unified School District
and Pomona Unified School District. The City is in possession of ten (10) additional surplus
computers. Unfortunately, these surplus computers are old, have no sign ificantval ue and are not
suitable to donate to either school district.
The computers, monitors and keyboards vary in age from 1989 to 1997 models and are either 286 to
386 MHZ machines. The City no longer has a use for these computers and as mentioned above the
computers are not suitable for donationto the school districts. It is recommended the City Council
authorize City staff to dispose of the old computers.
PREPARED BY:
Deputy City Manager
Attachments:
1. List of Computer for disposal
2. Amendment No. 1
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND
WALNUT VALLEY UNIFIED SCHOOL DISTRICT (DISTRICT)
FOR DONATION OF COMPUTERS
This Agreementis made by and between the City of Diamond Bar, a municipal corporation
("CITY")and the Walnut Valley Unified School District, a school district organized pursuantto the
California Education Code ("DISTRICT")as of the date set forth below.
RECITALS
A. CITY owns surplus desktop computers which are no longer required for City' sday-to-day
operations; and
B. City desires to dispose of the surplus computers in a way that benefits the community and
provides recourse to use of the computers in the event they are required in an emergency; and
C. DISTRICT desires to accept the computers for use by students and staff to enhancethe
education of the children of Diamond Bar subject to the conditionsset forth below.
NOW, THEREFORE, the CITY and DISTRICT hereby agree to the following:
CITY shall provide the DISTRICT, at no cost, 20 computers (including monitors, keyboards,
operating system and MS Office software) ("thecomputers")for use by the DISTRICT.
Computers are provided " asis"without anywarranties or guaranties of any kind.
DISTRICT hereby accepts the computers and acknowledges that the computers are in a
used condition and may not be suitable for any or all of its purposes.
DISTRICT agrees that, in the event ofa catastrophic event such as earthquake or terrorist
attack, or other comparable emergency occurring within 12 months of the execution date of
this Agreement, City may have access to and use of the computers, if deemed necessary
by City in its discretion, to respond to the emergency.
IN WITNESS WHEREOF, the parties have executed this Agreementthe day of
20—
CITY OF DIAMOND BAR WALNUT VALLEY
UNIFIED SCHOOL DISTRICT
Linda Lowry, City Manager Name:
Date
Date
AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND
POMONA UNIFIED SCHOOL DISTRICT
FOR DONATION OF COMPUTERS
This Agreementis made by and between the City of Diamond Bar, a municipal corporation
("CITY")and the Pomona Unified School District, a school district organizedpursuantto the California
Education Code ("DISTRICT") as of the date set forth below.
A. CITY owns surplus desktop computers which are no longer required for City' sday-to-day
operations; and
C. City desires to dispose of the surplus computers in a way that benefits the community and
provides recourse to use of the computers in the event they are required in an emergency; and
C. DISTRICT desires to accept the computers for use by students and staff to enhancethe
education of the children of Diamond Bar subject to the conditionsset forth below.
NOW, THERE FORE, the CITY and DISTRICT hereby agree to the following:
CITY shall provide the DISTRICT, at no cost, 20 computers (including monitors, keyboards,
operating system and MS Office software) ("thecomputers")for use by the DISTRICT.
Computers are provided "asis"without anywarranties or guaranties of any kind.
DISTRICT hereby accepts the computers and acknowledges that the computers are in a
used condition and may not be suitable for any or all of its purposes.
DISTRICT agrees that, in the eventofa catastrophic eventsuch as earthquake or terrorist
attack, or other comparable emergency occurring within 12 months of the execution date of
this Agreement, City may have access to and use of the computers, if deemed necessary
by City in its discretion, to respond to the emergency.
IN WITNESS WHEREOF, the parties have executed this Agreementthe day of
20—
CITY OF DIAMOND BAR POMONA
UNIFIED SCHOOL DISTRICT
Linda Lowry, City Manager Name
Date
Date
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.1 S
Meeting Date: October 7. 2003
AGENDA REPORT
TITLE: AWARD OF MAP/PLAN CHECKING AND INSPECTION SERVICES CONTRACTS
TO HALL & FOREMAN, INC., DGA CONSULTANTS INC. AND BRYAN A. STIRRAT
& ASSOCIATES FOR A PERIOD OF THREE (3) YEARS
RECOMMENDATION:
Award professional services contracts.
FINANCIAL IMPACT:
The funding for these development projects will be provided through developer' sfees and deposits
made by the applicants. In fiscal year0 3/04 a total of $67,500.00 was budgeted for map/plan
checking and inspection contract services.
BACKGROUND /DISCUSSION:
To augment the City' s professional capabilities, Charles Abbott Associates (CAA) and Hall &
Foreman, Inc. (HFI) have been providing map/plan checking and inspection services on an as -
needed basis since October 1998. The existing contracts with CAA and HFI will expire on October 21,
2003.
In August 2003, the City issued a Request for Proposals (RFP) inviting consultants to submit
proposals for map/plan checking and inspection services on an as -needed basis. The objective is to
ensure that private/subdivision developments are thoroughly reviewed and managed from the initial
pre -planning stages to completion by establishing and implementing all the required conditionsof
approval consistent with Diamond Barapplicable standards. The intent is to enter into consulting
services agreements with three (3) qualified firms for a period of three (3) years with the possibilityof
three (3) additional annual renewals. Atotal of thirty-six (36) RFPs were mailed to civil engineering
consultants and as a result, twelve (12) proposalswere received. The selection committee reviewed
the proposals and short listed the following consultants and interviewed them on September 23,
2003: Hall & foreman, Inc., Pfeiler & Associates, Inc., Charles Abbott Associates, Inc., Bryan A.
Stirrat & Associates, DGA Consultants, Willdan, and Aztec Engineering California, Inc.
Upon the interviews, the selection committee recommended that the City to retain the following
consultants to provide map/plan checking and inspection services
Hall & Foreman, Inc.
DGA Consultants Inc.,
Bryan A. Stirrat & Associates
The requested scope of work will include, but will not be limited to:
1) Preparing and monitoring the implementation of project conditions of approval, attending
meetings;
2) Reviewing/recommending approval of engineering design plans for development/Cityprojects;
3) Checking and recommending approval of various subdivision maps and other documents;
4) Inspecting and monitoring of various subdivisionactivities;
5) Assisting other divisions with regard to development related projects;
6) Maintaining an established process and turn -around time frame;
7) Ensuring that all conditionsfor projects are thoroughlyimplemented; and
8) Other engineering/development related services as requested by City staff.
All three consultants are familiar with the City' sdevelopment standards and have considerable
experience with hillside development projects. The project assignments to consultants will be on
a rotational basis and will be reviewed on a quarterly basis to ensure equal work load distribution
and parity.
The consultantswill be compensated at75 percentof the fees outlined in City Council Resolution
No. 98-28 for the first three (3) plan checks and the first inspection. Compensation for reviews
exceeding three (3) plan checks will be at the rates for five (5) specific classifications ranging
between $100 and $135 per hour as highlighted in each consultants' fee schedule. The fee for re-
inspectionswill also be based on the established rate for all consultants
The existing projects currently being reviewed or inspected under the existing contracts will
continue until the projects are finalized and completed. This approach will ensure consistent and
continuous services to the applicants.
IaV0ZAIWo91:YA
Fred Alamolhoda, Senior Engineer
0:10TAKUT/051: YA
David G. Liu, Director of Public Works
Date prepared: October 2, 2003
James DeStefano, Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.16
Meeting Date: October 7, 2003
AGENDA REPORT
TITLE: A RESOLUTION TO AUTHORIZE THE EXECUTION OF A GRANT AGREEMENT TO
SECURE GRANT FUNDS IN THE AMOUNT OF $84,338.00 FOR THE JOBS HOUSI NG BALANCE
INCENTIVE GRANT PROGRAM TO FUND PARK IMPROVEMENTS AT STARSHINE PARK.
RECOMMENDATION: Adopt resolution and authorize the City Manager to execute the
agreement.
FINANCIAL IMPACT: There is no financial impact on the City' sGeneral Fund. After receiptof
the Jobs -Housing Balance Grant Program funds of $84,338, an additional amount of grant funds
totaling $140,662will be required to construct the $225,000Starshine Park improvement project. The
City already has $1,966,156in unallocated grantfunds availableforappropriation. Staff srequest for
an appropriation of grand funds for this project is elsewhere on this meeting' sagenda.
BACKGROUND: The State of California Department of Housing and Community Development
released a Notice of Funding Availability (NOFA) on November 1, 2001 in orderto implement the
Jobs Housing Balance Incentive Grant Program. Unfortunately, due to budgetaryconstraintsthe
funding appropriatedfor this programwas eliminated priorto the award of any grants. In 2002, the
program was modified and $25 million was made available for the program pursuantto Proposition
46, the Housing and Emergency ShelterTrust Fund Act of 2002 for those cities and counties that
would have been eligible for an award underthe November 1, 2001 NOFA. The primary modification
was the reduction of funding available. The formula used to determine award amounts was based on
the number of New Housing Unit Permits issued during 2001.
Since this was a one-time formula grant, the application was not subject to a competitive process. All
eligibleapplicants that provided the required supporting documentation were awarded the funds as
described in the program guidelines. The adoptionof the Housing Element of the General Plan was a
component of the required documentation. The City issued 132 New Housing Permits during 2001.
Therefore, underthe funding formula, the funds availableto the City of Diamond Bar were $96,200;
however, the grant funds awarded are $84,338 since to the total numberof requests for funds
exceeded the total funds available. Each award was reduced by 12.3% to allow the grant program to
award fundsto each eligible applicant program.
Grant funds must be used for the construction or acquisition of capital assets that serve to benefitthe
community. Eligible projects included; neighborhood park improvements, bike paths, school facilities,
play areas, police and fire stations, and traffic improvements.
The grant application and supporting documentation was submitted to the State in March 2003 with
the neighborhoodpark improvements and ADA compliance modifications at Starshine Park described
as the eligible project for the expenditureofthe grant funds.
DISCUSSION: In order to complete the JHBP standard agreement process, the State
Department of Housing and Community Development requires a certified copy of the signed
resolution and the signed Standard Agreement to be filed with the Business Management Office by
October 31, 2003.
In order for the City to retain its priority for these grant funds, all funds must be encumbered by
entering an agreementwith the Contractor to perform the construction work by June 30, 2004. In
order to secure a contractor, construction documents must be completed and ready for the bidding
process by March 2004.
ATTACHMENTS:
1) Resolution 2003-xx
2) JHBP Standard Agreement
PREPARED BY:
Teresa Arevalo, Senior ManagementAnalyst
Kim Crews, Senior ManagementAnalyst
REVIEWED BY:
Bob Rose Jim DeStefano
Community Services Director Deputy City Manager
RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY OF DIAMO ND BAR AUTHORIZING THE EXECUTION
OF GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER
DOCUMENTS NECESSARY TO SECURE A JOB HOUSING BALANCE PROGRAM
(JHBP) GRANT FROM THE STATE OF CALIFORNI A, DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
WHEREAS, the City of Diamond Bar applied for and was successful in the Notice of Funding
Available (NOFA) released January 24, 2003 by the Department for the JHBP;
WHEREAS, funding for JHBP has been made available pursuantto the Housing and Emergency
Shelter Trust Fund of 2002 (Proposition 46); and
WHEREAS, pursuant to the statute, the Department of Housing and Community Development is
authorized to approve funding allocationsfor the program, subject to the terms and conditions of the
NOFA and program application forms.
NOW THEREFORE, BE IT RESOLVED THAT, the City of Diamond Bar hereby:
1. Shall be subject to the terms and conditions as specified in the Standard Agreement (Contract
#03-JHBP-021). Funds are to be used for allowable expenditures as identified in Attachment A of the
Contract. The application in full is incorporated as part of the Contract and any and all activities
funded, information provided and timelines represented in the application are enforceable through the
Contract.
2. Agrees to use the funds for eligible capital asset(s) in the manner presented in the application
as approved by the Department and in accordance with the NOFA and application package. The City
of Diamond Bar also may execute any and all instruments required by the Department for
participation in the Jobs Housing Balance Incentive Grant Program and
3. Authorizes Linda C. Lowry, City Manager to execute in the name of the City of Diamond Bar
the application, the Standard Agreement, and all other documents required by the Department for
participation in the JHBP.
PASSED, APPROVED AND ADOPTED this day of 2003.
CAROL HERRERA
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do herebycertify that the
foregoing Resolutionwas passed, approved and adoptedata regular meeting of the City
Council of the City of Diamond Bar held on this day of 2003, by the
following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.17
Meeting Date: 10/7/03
AGENDA REPORT
TITLE: REQUEST FOR APPROPRIATION OF GRANT FUNDS IN THE 2003/04 FY BUDGET
TO CONSTRUCT ADA AND PARK IMPROVEMENTS AT STARSHINE PARK IN T HE
AMOUNT OF $225,000
RECOMMENDATION: Appropriate $225,000 in grant fu nds to the FY 2003/2004 Budget to
construct ADA and park improvements at Starshine Park:
Job/Housing Balance Grant Program $84,338
Proposition 40— Per Capita Grant Program $140,662
Total Appropriation Requested $225,000
FINANCIAL IMPACT:
1) The City Council appropriated $20,000 in Community Development Block Grant funds to
develop the design and construction documents for the A.D.A. retro -fit and park improvements
at Starshine Park.
2) The City of Diamond Bar is a recipientof the Jobs -Housing Balance Grant Program
administered bythe State of California Department of Housing and Community Development
in the amount of $84,338 for this project.
3) Application has been made to the Waste Tire Playground Cover Grant Program, underThe
California Integrated Waste Management Board for funding of $24,979 to be used for the
installation of resilient rubberized playground surfacing at Starshine Park. Awards for this grant
have not been announced.
4) The Starshine Park A.D.A. retro -fit and park improvement project is eligiblefor additional
funding through (amount available): Proposition 12 ($708,078), Proposition 40 ($458,078),and
L.A. County PropositionA ($800,000), for a total availabilityin grantfunding of $1,966,156
There is also $2,400,000 availablein the city' spark developmentfund for a grand total of
available funding of $4,366,156, none of which comes from the General Fund.
The estimated construction cost of this project, with a 10% contingency, is $225,000. This project is
not currently included in the 2003-2004 FY Budget.
BACKGROUND: Staff presented this item to the City Council at a Study Session on July 15, 2003.
At that time, staff reported that delayingthe construction of this project to the next fiscal year would
notjeopardize any of the grant funding. Unfortunately, staff has learned that is not the case. If a
contract is not awarded to a construction contractor by June 30, 2004, then we could lose $84,338 in
grant funds from the Job/Housing Balance Grant Program. We learned this when we received the
contract that is on the regularagenda of the October 7 City Council meeting seeking execution of the
contract.
Section 2.B.4 of Attachment A of the contract states that the city must enter into an agreement with the
construction contractor to encumber the grant funds. The grant funds must be encumbered by June 30, 2004. The
City then has until June 30, 2006 to complete the project.
PROJECT INFORMATION: The Americans with Disabilities Act (A.D.A.) requires that public parks be
constructed so they are accessibleto individualswith disabilities. When a park has already been
constructed without access, the park must be re -constructed, or retro -fit, to accommodate the park
usage needs of individualswith disabilities. The adopted City-wide Comprehensive Parks Master
Plan identifies the transition timeline for the completion of the city owned park A.D.A. retro -fit projects.
Starshine Park is identified as the next parkto be retro -fitted.
In their Park Accessibility Inventoryand Recommendations, the City' sconsultants, David Evans and
Associates, Inc. (DEA) made the following evaluations and recommendations, which are necessary
ADA modifications required to bring this park into compliance with the laws and guidelinesof the
Uniform Federal AccessibilityStandards(UFAS) and California' sTitle 24 building codes:
1) Reconstruct the existing curb ramp
2) Install a curb ramp from the walkway into the playarea
3) Install rubberized resilient playsurface in playarea
4) Replace existing play equipment
5) Relocate existing site furniture and add additional site furniture (picnic tables and benches).
DISCUSSION: A neighborhood meeting was conducted on Tuesday, May 13, 2003 to review
and make recommendations on the conceptual design for the A.D.A. retro -fit and park improvements
at Starshine Park. Fourteen (14) residents participated in the meeting and made recommendations
regarding the park amenities. The Landscape Architect of DEA revised the initial conceptual plan
based on input from the residents attending the meeting.
If the requested grant funds are appropriated for this project, following is the time line to complete the
project:
October 7, 2003
Appropriation of Grant Fund by the City Council
by December 1, 2003
Complete conceptual plan
by March 31, 2004
Complete construction documents & bid specs
by May 1, 2004
Complete bidding process
by June 15, 2004
Award contract to construction contractor
by September 30, 2004
Complete Construction
1:91:0MiU9411: X71
Bob Rose James De Stefano
Director of Community Services Deputy City Manager
CITY COUNCIL
Agenda # 8.1
Meeting Date: October 7 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: An Ordinance of the City Council of the City of Diamond Bar Regarding
Municipal Code Penalty Provisions and Amending the Diamond Bar
Municipal Code.
RECOMMENDATION:
It is recommended that the City Council approve first reading of Ordinance No. XX (2003).
BACKGROUND:
The City Council has established Goals and Objectives, which include enhancements to the
current level of Code Enforcement activity. The Neighborhood Improvement Council
Subcommittee (Council Members Zirbes and Chang) has been working to develop and
recommend policies and programs to protect and preserve the integrity of property values for
all neighborhoods (residential, commercial and industrial) within the City.
Traditionally, Municipal Code provisions have been enforced by way of criminal prosecution.
Under this traditional scheme, violations are classified as misdemeanors or infractions and
are prosecuted in a court of law.
In response to concerns that the court system was being overburdened with criminal
Prosecutions of Municipal Code violations, which were not considered to be as serious as
Penal Code violations, the State Legislature enacted a statute allowing cities to prosecute
their code violations through a civil administrative procedure. This procedure involved the
issuance of a citation to code violators which could then be appealed to a hearing officer
before the matter ever a reaches a court. The perceived advantages of this system were to
keep as many code enforcement cases out of the courts as possible and to allow cities to
retain the entire amount of the fines imposed through the citations.
CITY COUNCIL
r.,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage/pM,,tr
Agenda # 8.2
Meeting Date. 10/07/03
AGENDA REPORT
TITLE: A RESOLUTION ADOPTING THE FACILITY USE POLICIES AND FEES FOR THE
COMMUNITY/SENIOR CENTER
Recommendation: Adopt.
Financial Impact- None
Background:
The construction of the new Community/Senior Center is scheduled to be completed by February 7, 2004. Residents and
local organizations are already seeking to reserve dates for their activities and events at the Community/Senior Center. In
order to take reservations, it is necessary to have policies and fees that have been approved by the City Council. The City
Council reviewed the draft Facility Use Policies at their study session on August 5, 2003. The document was up -dated
based on City Council input and was forwarded to the City Council for additional review as a part of the Weekly Report on
September 26, 2003. During the past week, input was received from the City Attorney that resulted in the reconfiguration of
portions of the document. Also, a Table of Contents and a section on Tenant Users Insurance were added. The Facility
Use Policies for the CommunitylSenior Center document is now ready to be approved by the City Council.
Discussion:
The following changes, as requested by the City Council at the August 5, 2003 Study Session, have been made to this
document:
I. Weekend definition change to 5:00 P.M. Friday through 11:00 P.M. Sunday from 6:00 A.M. Saturday through 1:00
A.M. Monday. Page 12, number 3.
2. Senior use of Banquet Room limited to one use per week for each City recognized senior organization. Page 5,
letter D, number ii and Pages 7 & 8, letters D & E.
3. The availability of Special Event Insurance, listed as Tenant/User Insurance in this document, is stated in the
Liability and Insurance section (Page 10, number 5), and refers the reader to more details in Attachment IV. Tenant
User Insurance information and fees are included in Attachment IV.
4. Description of the kitchen has been added. Page 8, number 3.
5. A variety of changes have been made to shorten the cancellation requirements:
A. Banquet Room
i. Weekend Cancellations:
a. From 120 days to 90 days. Pages 4 & 5, number i, letter a
b. From 30 -119 days to 30 - 89 days. Page 5, number i, letter b
c. From 120 days to 90 days. Page 5, number i, letter a
ii. Weekday Cancellations added:
a. 30 or more days. Page 5, number i, letter d
b. 29 or less days. Page 5, number i, letter e
iii. Weekday cancellation for non-profit organizations reduced from 120 days to 30
days. Page 5, number ii, letter a
8. Meeting Rooms, et al
i. Weekday Cancellations added:
a. 30 days instead of 60 days notice for $50 cancellation fee. Page 7, letter d.
b. 29 or less days notice allows 50% refund instead of no refund. Page 7, letter e.
6. Fee for projection T.V. use added; $50 peruse. Equipment Rental Fee Schedule, Attachment 111.
7. Staff still recommends that incense not be allowed in the facility. Input from the JPIA indicates that allergy sufferers
are negatively affected by incense. If Council wants to allow this, maybe it could be added as a variance item.
8. There have also been some formatting changes to make the document easier to read.
Since the Facilities Use Policy was distributed with the Weekly on September 26, Council Member O'Connor has requested
that tea lights (candles) be allowed at the Community/Senior Center. Staff has checked with the City Attorney, JP1A and L.A.
County Fire Department to determine if there are any issues related to tea lights. No one expressed any concerns, except
the fire department will require a permit to allow candies. See the permit requirements attached.
Staff believes the use of tea lights could result in some cleaning issues related to spilled candle wax, but the area hotels and
the banquet rooms at Royal Vista and Diamond Bar Golf Courses all allow candles. These facilities are likely to be the City's
competition for banquet room rentals.
There are many details involved in establishing the Facility Use Policies for the Community/Senior Center, If the City
Council would like more information on certain issues, those issues could be brought back at a later time for final
consideration. However, staff would like to have City Council approve the portion of the document that meets their
expectations so that requests from individuals and organizations wishing to book an event at the facility can be confirmed.
This is a dynamic document and staff expects to seek revisions as issues come up.
Bob ase
Community Services Director
James DeStefano
Deputy City Manager
OCT. -03' 03 (FRl 109:36
P. 002
COUNTY OF LOS ANGELES
FIRE DEPARTMENT
FIRE PREVENTION DIVISION
CANDLEIOPEN FLAME PERMIT REQUIREMENTS
Article 1, section 105 of the Los Angeles County Fire Code states... a permit shall be obtainedfrom the Fire
Prevention Division prior to engaging in the following:... to use an open flame or candles in Connection with
requirements may be applicable.
assembly areas, dining areas of restaurants, or drinking establishments. See Article 25. Additional
Candle and Other Open -flame Devices Candles and other open -flame devices shall not be used in place
ms of
assembly, drinking or dining esiablishments. Exceptions: When used in conjunction with approved heating or
cooking appliances in areas not accessible to the public. When used in conformance with Section 25.116.
Flamini foods and Bev—Maes The preparation of flaming foods or beverages shall be in accordance with the
following:
1. Flammable liquids used in the preparation of flaming foods and beverages shall be dispensed from one of the
following: A 1 -ounce (29.6 ml) container, A container not to exceed one quart (946.4 ml) with a controlled
pouring device that will limit the flow to one ounce (29.6m1),
2. Flaming foods or beverages shall be prepared only in the immediate vicinity of the table being served. They
shall not be transported or carried while burning,
3. The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for
use in smothering the flames in the event of an emergency,
4. The serving of flaming foods or beverages shall be done in a safe manner and shall not create high flames.
The pouring, ladling or spooning of liquids is restricted to a maximum height of 8 inches
(203.2 mm) above the receiving receptacle, and
5. Containers shall be secured to prevent spillage when, not in use.
Candles and Other en -flame Decorative Li&ing Candles and other open -flame decorative lighting shaft be
in accordance with the following:
I . CIass I and II liquids and LP -gas shall not be used,
2. Liquid or solid -fueled lighting devices containing more than S ounces (236.6m1) must self -extinguish and not
leak fuel at a rate of more than %. teaspoon per minute (I,26m1 per minute) if tipped over,
3. The device or holder shall be constructed to prevent the spilling of liquid fuel or wax at the rate of more than
`/. teaspoon per minute (1.26m1 per minute) when the device or holder is not in an upright position,
4. The device or holder shall be designed so that it will return to the upright position after being tilted to an
angle of 45 degrees from vertical, Exception: Units that self -extinguish if tipped over and that do not spilt fuel
or wax at the rate of more than << teaspoon per minute (1.26 ml per minute) if tipped over.
5. The flame shall be enclosed except as follows: Openings on the sides shall not be more than 3/8 inch (9.5
rnm) in diameter. Openings on the top and the distance to the top shall be such that a single layer of tissue
Paper placed on top will not ignite in 10 seconds.
6. Chimneys shall be made of non-combustible materials. Such chimneys shall be securely fastened to the
open -flame device, Exception: The chimney need not be attached to any open -flame device that will self -
extinguish if the device is tipped over.
See back for additional requirements
OCT, -03' OWRI) 09:37
P. 003
7. Fuel canisters shall be safely sealed for storage,
8. Storage and handling of combustible liquid shall be in accordance with Article 79,
9. Shades, if used, shall be made of non-combustible materials and securely attached to the open -flame device
holder or chimney,
10. Candelabra with flame -lighted candles shall be securely fastened in place to prevent oveTturning and located
away from occupants using the area and away from possible contact with drapeS,
and, curtains or other combustibles
11. When, in the opinion of the chief, adequate safeguards have been taken, hand-held flame -lighted candles
can be allowed. Hand-held candles shall not be passed from one person to another while lighted.
Theatrical Performances When approved by the chief, open -flame devices used in conjunction with theatrical
performances are allowed to be used when adequate safety precautions have been taken.
Standb Personnel When, in the opinion of the chief, it is essential for public safety in a place of assembly or
any other place where people congregate, due to the number of persons, or the nature of the performance,
exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified
viduals shall be subject to thPersons,
chie#'s
required and approved by the chief, to be on duty at such place. Such indi
orders at all times when so cmplayed and shall be in uniform and remain on duty during the times such places
are open to the public, or when such activity is being conducted, Before each performance or start of such
activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place
and in good working order, and shall keep diligent watch for fires during theOr the extingui
of fires tat
public or such activity is being conducted and take
Prompt measureoccur. Such individuals shall not be required orPermi ed, whit onstime such place is open to the
duty, t performsanyeother dutiesthan y
those herein specified
Additional Requirements
1/99
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
DIAMOND BAR ESTABLISHING THE POLICIES AND
FEES FOR THE USE OF THE COMMUNITY/SENIOR CENTER OPERATED
BY THE CITY OF DIAMOND BAR
A. Recitals
(i) The Community/Senior Center is intended for public use;
(ii) For efficient and orderly use, it is necessary to establish facility use policies that
includes a reservation system and fees;
(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:
The use of the Community/Senior Center shall be governed by the policies described
in the Facility Use Policies for the Community/Senior Center,
2. All scheduling of this facility shall be the responsibility of the City Manager or her
designee acting under the authority granted by the City Council. All facility use shall
be in accordance with the policies attached.
3. City sponsored or co-sponsored activities will take priority over any private use.
4. The City Council determines that "Facility Use Policies for the Community/Senior
Center", 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 may be waived by action of the City
Council.
PASSED, APPROVED AND ADOPTED this day of 2003.
CAROL HERRERA
Mayor
ATTEST:
LYNDA BURGESS
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 this day of 2003, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
ABSTAIN:
COUNCILMEMBERS
LYNDA BURGESS, City Clerk
City of Diamond Bar
CITY COUNCIL
MEETING
Tuesday, October 7, 2003
PROPOSED FACILITY USE
POLICIES AND FEES
RAFT
for the
Community/Senior Center
Draft
Revised 10/3/03
City of Diamond Bar 0*44ttr
Community/Senior Center
Facility Use Policy
TABLE OF CONTENTS
Section
Topic
Paye
I.
DESCRIPTION OF FACILITY
1
II.
PURPOSE OF THE USE POLICY
I
III.
DEFINITION OF TERMS
I
IV.
GROUP PRIORITY RATING
1
V.
APPLICATION PROCEDURES
2
VI.
ROOMS AVAILABLE FOR USE
4
1.
Banquet Room Use
4
2.
Meeting Room, Game Room, Activity Room, Senior Room Use
6
3.
Kitchen Facilities Use
8
VII.
LIABILITY AND INSURANCE
9
VIII.
GENERAL OPERATING REGULATIONS
10
Attachments:
FACILITY USE FEE SCHEDULE
EQUIPMENT RENTAL FEE SCHEDULE
TENANT USERS INSURANCE INFORMATION
DRAFT
Attachment Pgs. I & II
Attachment Pg. III
Attachment Pg. IV
DRAFT — Revised 10/3/03
City of Diamond Bar
Community/Senior Center
Facility Use Policy
I. DESCRIPTION OF FACILITY
DRAFT
The City of Diamond Bar Community/Senior Center ("Center" or "facility") is a 22,000 square foot
facility owned and operated by the City of Diamond Bar and located at 1600 Grand Avenue. The facility
consists of assembly rooms, meeting rooms, activity rooms, senior citizen room, banquet rooms, and a
catering kitchen. All of these rooms are available for use in accordance with the terms of this Facility Use
Policy ("Use Policy"), which is administered by the Community Services Division of the City.
II. PURPOSE OF THE USE POLICY
The purpose of this Use Policy is to assure that the Center is operated in a manner that best serves the
residents of the City of Diamond Bar. It is intended to ensure that the use of the facility is granted in a
fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic
in nature, offering services of interest and need to the community. Fees charged for the use of the facility
are intended to recoup on-going maintenance and operation costs of the facility. City facilities are not to
be used for personal and/or private gain.
III. DEFINITION OF TERMS
"Center Director" means the administrative head of the Community/Senior Center, or its
staff, under the direction of the City of Diamond Bar Community Services Division.
2. "City" means the City of Diamond Bar, acting through its officials, representatives, agents,
and employees.
3. "User" means an individual who or group which obtains a permit to use the
Community/Senior Center pursuant to the terms of this Use Policy.
4. "Applicant" means an individual or group, which completes a City of Diamond Bar
Facility Use Application to use the Community/Senior Center pursuant to the terms of this
Use Policy.
5. "Facility Use Permit" means a permit issued by the City upon approval of a Facility Use
Application for use of the facility or some portion thereof by an applicant.
IV. GROUP PRIORITY RATING
1. An individual or group seeking permission to utilize the facilities at the Center will be
classified in one of the following priority groups. These classifications are used to establish 1) priority of
use, 2) applicability of a fee, and 3) amount of the fee, if any. The priority groups are as follows:
DRAFT — Revised 10/3/03 DRAFT
A. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar.
B. GROUP B- Activities conducted by the City recognized Senior citizen
membership groups.
C. GROUP C:
C-1- Activities conducted by Governmental agencies other than the City of
Diamond Bar, which provide some service to the Diamond Bar community
(e.g. local school districts, County of Los Angeles agencies, etc.)
ii. C-2- Activities conducted by local non-profit service organizations. To
qualify as a local non-profit organization, the organization shall have a
minimum membership of 60% Diamond Bar residents or 60% Diamond Bar
business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary
Club, etc.). A membership roster and the non-profit tax exemption number
shall be submitted on an annual basis as a condition of an organization
receiving classification in this group.
D. GROUP D:
D-1- Private events conducted by Diamond Bar residents.
ii. D-2- Activities conducted by Diamond Bar resident groups, organizations
and businesses which are not eligible under Group C definitions.
E. GROUP E- Non-resident private events and non-resident groups, organizations
and businesses and commercial functions. (Examples: Commercial functions, non-
resident business meetings, or non-resident private affairs.)
2. Priority for use of the facility will be in alphabetical sequence, with Group A applicants
receiving the highest priority and Group E applicants the lowest priority.
V. APPLICATION PROCEDURES
All applicants must complete a City of Diamond Bar Facility Use Application
("Application") and pay all applicable fees at the time of submitting the application.
2. The applicant shall be classified and assigned a Group in accordance with the definitions
and priority rankings set forth in Section IV of this Use Policy.
Reservations may be made no earlier than:
Group A: no limit.
Group B: Up to six (6) months in advance for subsidized use, fifteen (15) months in
advance when not subsidized.
2
DRAFT —Revised 10/3/03 DRAFT
Groups C1 and C2: Up to fifteen (15) months in advance.
Groups Dl & D2: Up to fifteen (15) months in advance.
Group E: Up to twelve (12) months in advance.
Application deadlines are set forth in Section VI below. All rentals shall be made in not
less than one-hour increments. The minimum rental period is two hours.
4. Upon approval of an application, a facility use permit will be issued authorizing the
requested use of the facility. The Center Director may attach such conditions to the permit
as she/he may determine necessary for the protection of the public health, safety and
welfare and the Center facility. Applicants shall not transfer, assign, or sublet use of the
Center or apply for use on behalf of another person or organization.
Applications shall be accompanied by proof of liability insurance consistent with the
provisions of this Use Policy, a refundable cleaning deposit, and fees per the attached fee
schedule.
6. Use will be approved based on availability in accordance with priority rankings. In the
unlikely event that two or more applications are submitted simultaneously for the same
date, time and room(s), the applications will be processed according to priority rankings.
Use may be denied and the application rejected for the following reasons:
A. That the Center is physically incapable of accommodating the proposed activity by
reason of the nature of the activity or the number of people estimated to be in
attendance.
B. That the user has failed to demonstrate its ability to provide adequate security to
assure that the event is conducted in a safe manner.
C. That the applicant has failed to agree to comply with all of the conditions of this
Use Policy or those set forth in the facility use permit.
D. That the activity is likely to cause physical damage to the Center or its equipment.
E. That conditions for the issuance of a facility use permit have not been fulfilled.
F. That any law or regulation is violated by an intended use.
G. That another event is already scheduled on the requested date.
H. That the applicant previously used the facility and failed to comply with applicable
rules or conditions, or due to damage or lack of cleaning, did not receive all of its cleaning
deposit back.
That the applicant has twice before cancelled a scheduled event in the facility without
prior notice.
3
DRAFT — Revised 10/3/03
DRAFT
7. If at any time prior to or during the scheduled event the applicant/user is not in compliance
with the policies and regulations stated in this Use Policy or the conditions of the facility
use permit, and after notice of noncompliance has failed or refused to comply (or
compliance is no longer possible), the City, acting by and through the Director of
Community Services or his/her designee, may cancel the reservation or terminate the
event. Under those circumstances, no deposits and/or fee(s) previously paid by the
applicant shall be returned.
The City reserves the right to cancel a permit issued for any event or activity for its
convenience. In the event of such a cancellation, notice shall be given as far in advance as
possible and a full refund will be made. Every effort will be made to find a suitable
alternative facility if cancellation by the City is necessary.
VI. ROOMS AVAILABLE FOR USE
Banquet Room Use
A. Reservation Procedures for Banquet Room Use
All potential users shall complete an Application a minimum of 30 days
prior to the event.
ii. Reservations made less than 30 days in advance of the event will be
accepted only if the facility and required staffing elements are readily
available. Additional fees may be required from service providers when
limited advance notice is provided. All applicable fees must be paid at time
of submittal of City of Diamond Bar Facility Use Application. Fees paid are
subject to cancellation policy.
iii. No reservation shall be confirmed until appropriate fees, deposits, permits/
licenses, and insurance are obtained and paid.
iv. Fees for reservations made within 30 days of the event must be paid by
credit card, cashier's check or cash.
B. Deposits Required for Banquet Room Use
Rental fees exceeding $500 require a minimum deposit of $500 payable
with an approved application. The remaining balance is due 30 days prior
to the event.
ii. Rental fees less than $500 require a minimum deposit of half of the amount
of the rental fee payable with an approved application. The remaining
balance is due 30 days prior to the event.
C. Cancellation of Banquet Room Permit by Applicant
Groups D-1, D-2 and E reserving the banquet room(s) shall adhere to the
following cancellation policy:
4
DRAFT — Revised 1013/03
DRAFT
a. Weekend reservations cancelled 90 days or more prior to the event will
receive a refund of fees minus a $100 processing fee.
b. Weekend reservations cancelled 30-89 days prior to the event will receive
a 50% refund of the rental fee and a full refund of the cleaning deposit.
c. Weekend reservations cancelled 29 days or less prior to the event will
receive no refund of the rental fees and a full refund of the cleaning deposit.
d. Weekday reservations cancelled 30 days or more prior to the event will
receive a refund of fees minus a $100 processing fee.
e. Weekday reservations cancelled 29 days or less prior to the event will
receive a 50% refund of the rental fee and a full refund of the cleaning
deposit.
ii. Group C (Non-profit groups) reserving the banquet room(s) shall adhere to
the following cancellation policy:
a. Weekday reservations cancelled more than 30 days or more prior to the
event will receive a full refund minus a $10 processing fee. If cancellation
is received 29 days or less prior to the event there will be a $100
cancellation fee and the reservation/ cancellation will count as one of the
group's allotted uses.
b. For weekend use, cancellation shall comply with the cancellation policy
as stated in (i) above.
D. Recurring Banquet Room Use by Group B Organizations (Senior Groups)
Senior use of banquet room at no cost is limited to weekdays. Room may be
reserved up to six months in advance.
ii. Each City -recognized senior organization may reserve one use of banquet
room per week.
iii. Banquet room may be used only when expected attendance exceeds 115
people for banquet style and 200 people for auditorium style seating.
iv. Weekend use of Banquet Room(s) by senior groups requires payment of
fees according to the rental rates for Group C organizations and is subject to
Group C cancellation charges. When fee for use is not discounted, room
may be reserved up to fifteen months in advance.
DRAFT' — Revised 1013103 DRAFT
E. Recurring Banquet Room Use by Group C Organizations
i. Non-profit organizations in this classification are allowed two (2) uses of
banquet room(s) per calendar year. These uses apply Monday -Friday only
and the group shall pay only applicable operation fee for each use.
ii. The allocated uses may include a maximum of two hours immediately prior
to the start of the event for set up at no charge and one hour of clean up
immediately following the event at no charge. Any additional hours will be
charged at the prevailing rental rate.
iii. After the allocated uses, Group C users in this classification will be charged
prevailing weekday rates plus applicable operation fees.
iv. Weekend use requires payment according to the approved rental rate for this
classification.
F. Refunds of Security and Cleaning Deposits
i. Security and cleaning deposits shall be refunded if proper cleanup is
completed and no breakage or damage has occurred. This determination
will be made by the Center staff.
ii. The user shall be required to pay the full cost of breakage or damage (over
and above the deposited funds), regardless of the amount. If damage occurs
and it is less than the deposit, the difference shall be refunded.
Refunds will be mailed two (2) to four (4) weeks after the event.
2. Meeting Room, Game Room, Activity Room, Senior Room Use
A. Reservation Procedures for Meeting Room, Game Room, Activity Room, Senior
Room Use
i. All potential users shall complete an Application a minimum of 30 days
prior to the event.
ii. Reservations made less than 30 days in advance of the event will be
accepted only if the facility and required staffing elements are readily
available. Additional fees may be required from service providers when
limited advance notice is provided. All applicable fees must be paid at time
of submittal of City of Diamond Bar Facility Use Application. Fees paid are
subject to cancellation policy.
iii. No reservation shall be confirmed until appropriate fees, deposits, permits/
licenses, and insurance are obtained and paid.
iv. Fees for reservations made within 30 days of the event must be paid by
credit card, cashier's check or cash.
6
DRAFT
DRAFT — Revised 10/3103
B. Deposits required for meeting room, game room, activity room, senior room use:
i. Rental fees exceeding $500 require a minimum deposit of $500 payable
with an approved application. The remaining balance is due 30 days prior
to the event.
ii. Rental fees less than $500 require a minimum deposit of half of the amount
of the rental fee payable with an approved application. The remaining
balance is due 30 days prior to the event.
C. Cancellation of meeting room, game room, activity room, senior room use
Groups D-1, D-2 and E reserving meeting rooms shall adhere to the
following cancellation policy:
a. Weekend reservations cancelled 60 days or more prior to the event will
receive a refund of fees minus a $50 processing fee.
b. Weekend reservations cancelled 30-59 days prior to the event will receive
a 50% refund of the rental fee and a full refund of the cleaning deposit.
c. Weekend reservations cancelled 29 days or less prior to the event will
receive no refund of the rental fees and a full refund of the cleaning deposit.
d. Weekday reservations cancelled 30 days or more prior to the event will
receive a refund of fees minus a $50 processing fee.
e. Weekday reservations cancelled 29 days or less prior to the event will
receive a 50% refund of the rental fee and a full refund of the cleaning
deposit.
ii. Group C (Non-profit groups) reserving meeting rooms shall adhere to the
following cancellation policy:
a. If cancelled 30 or more days in advance group shall receive an entire
refund and this will not count toward one of their twelve meeting room
USM
b. If less than 30 days notice of cancellation is given, group will receive no
refund and this will count toward one of their allotted uses.
D. Recurring Use of meeting room, game room, activity room by Group B
Organizations (Senior Groups)
Senior use of meeting room, game room, and activity room is limited to
weekdays. Rooms may be reserved up to six months in advance.
DRAFT — Revised 1013103
DRAFT
ii. Each City -recognized senior organization may reserve one use of one
meeting room, game room or activity room per week.
E. Recurring Use of Senior Room by Group B Organizations (Senior Groups)
Senior use of senior room is available seven (7) days per week, during
regular operating hours of facility. Room may be reserved up to six months
in advance.
ii. Each City -recognized senior organization may reserve two uses of senior
room per week.
iii. When senior room is not scheduled for senior use, use may be offered to
other users, per meeting room policies.
F. Recurring Use of Meeting Rooms by Group C Organizations (Diamond Bar Based
Non -Profit Organizations)
i. Non-profit organizations in this classification are allowed twelve (12) uses
of meeting rooms per calendar year. These uses apply Monday -Friday only
and the group shall pay only applicable operation fee for each use.
ii. After the allocated uses, Group C users in this classification will be charged
prevailing weekday and weekend rates plus applicable operation fees.
iii. The allocated uses may include a maximum of two hours immediately prior
to the start of the event for set up at no charge and one hour of clean up
immediately following the event at no charge. Any additional hours will be
charged at the prevailing rental rate.
3. Kitchen Facilities Use
A. Reservation Procedures for Kitchen Facilities Use
The kitchen is divided into two sections:
a. General Use Section
b. Catering Kitchen
ii. The General Use Section is available at no cost to all users scheduled at the
Community Center on a first come, first served basis. Use shall be
coordinated between the users to best meet the needs of all users.
Equipment available includes coffee maker (user provides coffee/service),
ice machine, sink, and refrigerator (items must be removed after each
scheduled use).
iii. The Catering Kitchen is available only to users scheduled for a catered
event at the Community Center. Use of the Catering Kitchen must be
requested on the same Application that is submitted for room use. Fee for
DRAFT — Revised 10/3/03 DRAFT
use of Catering Kitchen is stated on the fee schedule. Equipment available
includes refrigerator/freezer (items must be removed after each scheduled
use), microwave oven, oven/steamer, convection oven, warming top, hot
food service unit, mobile heated holding carts (2 each), and a sink.
B. Kitchen Use Policies:
Only licensed caterers may provide food service for events scheduled at this
facility
ii. The kitchen is designed for food warming and serving. NO COOKING IS
ALLOWED IN THIS FACILITY.
iii. Storage for Priority Groups A, B & C that are recurring users may be
available on a first-come, first-served basis, for a period not to exceed six
months. After six months, if demand exceeds supply, storage space will be
allocated through random drawing.
VII. LIABILITY AND INSURANCE
All users of the facility shall procure and maintain, at their own expense and for the
duration of the event covered, comprehensive general liability and property damage
liability insurance, against all claims for injuries against persons or damages to property
which may arise from or in connection with the use of the facility by the user, its agents,
representatives or employees in the amount of one million dollars ($1,000,000.00),
combined single limit.
2. All of user's insurance shall:
A. Name the City, its officers, officials, employees, agents, representatives and
volunteers (collectively hereinafter "City and City personnel") as additional or co -
insureds.
B. Contain no special limitations on the scope of protection afforded to City and City
personnel.
C. Be the primary insurance and any insurance or self-insurance maintained by City or
City personnel shall be in excess of the user's insurance and shall not contribute
with it.
D. Shall be "date of occurrence" rather than "claims made" insurance.
E. Shall apply separately to each insured against the limits of the insurer's liability
F. Shall be written by insurance companies qualified to do business in California and
rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating
Guide, or in the Federal Register, and only if they are of a financial category Class
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DRAFT — Revised 10/3/03
DRAFT
VIII or better, unless such rating qualifications are waived by the Risk Manager
due to unique circumstances.
G. The applicant's policy must include a 30 -day written cancellation notice.
3. Certificate of Insurance -- The City of Diamond Bar requires the following information on
all certificates and/or additional insured endorsements:
A. Wording must read exactly, with no exceptions accepted: "Additional Insured: City
of Diamond Bar, its officials, employees, and agents."
B, Additional insured endorsements must accompany the Certificate of Insurance and
indicate policy number, date, name of insurance company and name of "insured".
C. Certificate must be an original. No copies will be accepted.
D. The Certificate of Insurance must be filed with the Community/ Senior Center not
later than the date of final payment or fourteen (14) days prior to the event,
whichever is earlier. If a certificate is not on file by this date, insurance fees will be
added to the final payment.
4. Indemnification Clause -- To the full extent permitted by law, user shall defend, indemnify
and hold harmless City, its officials, employees and agents, from any liability, claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney
fees incurred by City, court costs, interest, defense costs including expert witness fees and
any other costs or expenses of any kind whatsoever without restriction or limitation
incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part to the use of facility by user. All
obligations under this provision are to be paid by the user as they are incurred by the City.
5. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a
fee, will make available Tenant[User insurance coverage. Please see attachment on page IV
for information and fees for Tenant/User insurance coverage.
6. The insurance requirements set forth above are inapplicable when planned attendance is
less than 25 people and the event consists of a meeting utilizing facility tables and chairs
only and no alcohol is to be served.
VIII. GENERAL OPERATING REGULATIONS
The Use and Service of Alcohol - The use of alcohol in the Center is exclusively by written
permission in advance and must comply with applicable law and the provisions of this Use
Policy. Failure to comply with any regulations will result in immediate revocation of the
permission to use alcohol and termination of the event. Additional regulations and
specifications may be required in the facility use permit for any event.
IO
DRAFT — Revised 10/3/03 DRAFT
A. "Alcohol use" refers to any beverage that contains any amount of alcohol.
B. County of Los Angeles Sheriff's Department Deputies or a security firm approved
in advance as designated by the Sheriff's Department, is required to be present as
security at all events at which alcohol is served. The Sheriff's Department may
waive security for Group A events. The Sheriff's Department may waive security
for Group B events only where not more than 100 members will be permitted to be
in attendance. Cost of the security is the responsibility of the user and is payable
directly to the Sheriff's department and/or security firm.
C. Alcohol shall not be served to minors. The user's failure to comply, monitor and
enforce this provision is grounds for terminating the activity immediately and
forfeiture of the refundable deposits and all of the room fees.
D. Injuries caused to any person as a result of alcoholic beverages being served and/or
consumed on City premises, including but not limited to the Community Center,
shall be the sole responsibility of the organization, its sponsor or the adult
representative, who, as a condition of signing the use permit for the facility agree to
indemnify the City for any such injuries.
E. Permission to serve alcohol shall not be granted for any event where the majority
(50% plus one) of guests in attendance will be under the age of 21.
F. Alcohol may neither be served nor sold prior to the scheduled start of the event nor
until the County of Los Angeles Sheriff's Department Deputies or approved
security officers arrive at the Center unless the requirement for security has been
waived all together.
G. Alcohol may not be served nor consumed outside of the room approved for use.
Serving or consuming alcohol on patios adjoining the room approved for use is
permitted.
H. Alcohol may not be served nor consumed in the parking lot without obtaining a
special alcohol permit approved by the Community Services Director and the
County of Los Angeles Sheriff's Department.
I. License Requirements (when alcohol is to be sold)
No sales or requests for donations for alcohol are permitted without a
license from the State Alcoholic Beverage Control Board (A.B.C.)
ii. A copy of your Community/Senior Center contract must be furnished to
A.B.C. when applying for this license.
iii. A copy of the A.B.C. license must be furnished to the Community/Senior
Center a minimum of seven working days prior to the event.
iv. A copy of the A.B.C. license must be posted in plain public view near the
bar, or other location, where the alcohol is being served.
11
DRAFT — Revised 1013/03 DRAFT
Non -Profit Organizations: A one -day alcoholic beverage permit can only be
issued to Non-profit organizations and only if the proceeds are going back
to that Non -Profit organization.
vi. Private Parties: Private parties i.e. weddings, anniversaries, birthdays,
meetings, or anyone other than a Non -Profit organization, shall not sell
alcohol on their own, but must arrange this through a licensed caterer. The
caterer must have a License, which enables the caterer to sell beer, wine, &
distilled spirits (hard liquor). If the caterer does not have this license the
private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a
private party to sell alcohol on their own.
The service of alcohol at any event is limited to a maximum of five (5) hours.
K. All alcohol must be distributed from behind a table or a bar by an adult, over the
age of 21 who is to be responsible for insuring that no minors are served.
L. Wine, punch, beer, champagne and spirits must be served out of cups, glasses, or
cans.
M. When serving champagne, all bottles must be opened in the kitchen prior to
serving. Champagne bottles may not be opened in the assembly rooms. All
unopened bottles must be stored in the kitchen.
N. Security service must be present through the clean up hour.
Hours of operation are limited to Sunday through Thursday 7:30am — L1:OOpm and Friday
and Saturday 7:30am - 12:00 midnight. A one (1) hour clean up is mandatory at the end of
each event. Requests for alternate hours require special written approval and may be
subject to additional fees.
Weekends are defined as beginning at 5:00 pm on Friday and ending at 11:00 pm on
Sunday. Any reserved time that falls between this period of time shall be considered a
weekend and will be charged weekend rates.
4. Supervision by Center Staff is necessary for the public's safety and well-being. Center
staff shall be responsible for and have complete authority over the facility being used, all
equipment, participants, and activities. The staff shall have authority to request changes in
activities or cessation of activities. Users must comply with these requests and
instructions. Staff shall be responsible for enforcement of all policies, rules, and
regulations. The Center Staff shall have the authority to deny or terminate the use of the
facility if a determination is made by Center Staff that the use does not conform to the
requirements of Center use policies and regulations and/or may cause damage to the
facility. The City reserves the right to require security whenever it deems it appropriate.
Tobacco use of any kind or smoking is not permitted in the Community Center. Smoking
is permitted in designated outdoor areas only.
12
DRAFT — Revised 1013103
DRAFT
Incense, fog, or smoke use is not permitted in the Community Center; including incense,
flame, or smoke ceremonies. The use of fog generating machines is prohibited.
T Animals are not permitted in the Center facilities except those that serve as aides to
physically challenged individuals. This includes, but is not limited to, guide dogs for the
blind and dogs for the hearing or physically impaired.
S. Illegal Activities shall not be permitted. All groups and individuals using the Center shall
comply with City, County, State, and Federal laws. Fighting, gambling and lewd conduct
are prohibited.
9. Removal of Equipment from the building is prohibited without permission of Center
Director. Moving, rearranging, or altering equipment for purposes other than its intended
use is also prohibited. City equipment shall not be removed from the facility.
10. Facility User's Property (equipment, supplies, etc.) must be removed from Center
immediately following activity. The Center reserves the right to remove any remaining
items from the premises and have them stored at the owner's expense. If such equipment
or supplies are not claimed within two (2) weeks after notice to the applicant/user, the
Center reserves the right to dispose of such material in any manner it deems appropriate
and retain any proceeds received from such disposal. Any cost to the City, including but
not limited to administrative costs, incurred to dispose of the unclaimed property in excess
of the revenue received from such disposal shall be billed to the user with payment due and
payable in thirty (30) days.
11. Advertising Materials may be left with the Center Director for approval and will be
displayed when deemed appropriate and as space permits. Any item posted which has not
been approved will be removed and discarded.
12. In the event of damage, destruction or defacement, the applicant shall be liable for all
expenses required to repair, restore or replace the facility, its furnishing, or equipment to
its original condition.
13. Minimum group attendance to request a meeting room is five (5) people. The estimated
attendance will be used to determine appropriate room placement. The Center Director has
the authority to determine appropriate room placement based on attendance and nature of
event.
14. Sleeping or lodging is not permitted in the Center.
15. Allocation of Rooms shall be the sole responsibility of the Center Director. The City
reserves the right to direct requests for rooms to other City facilities which are deemed
more appropriate for the type of request or deny requests if they are deemed inappropriate
for the facility. All requests must be in writing and submitted to the Center Director on the
required forms.
16. Clean up is the user's responsibility. This includes the wiping of table tops, ensuring
chairs are clean, removing all trash from floors, disposing of all trash into proper
receptacles and removing to outside dumpsters, mopping of kitchen floor, wiping of
13
DRAFT — Revised 1013103
107:7_11x1
counter tops and kitchen equipment, cleaning up all spillage in refrigerators/freezers, and
removal of all user -owned or leased (non -City owned) items. Clean-up time is the hour
following the exit time of guests from the facility. At this time all personal/rental items
must be removed from the facility. Storage is not provided at the Community/Senior
Center. During this time the cleaning of tables and chairs, removal of trash to outside
dumpsters and cleaning of the kitchen area, etc., must be completed by the user.
17. Food and Beverage - No foods or beverages that cause permanent stains to the facility are
allowed; including red punch, red food coloring, and curry. Foods and beverages must
remain in rented room.
18. Minors - Groups of minors shall be supervised by one adult for every 10 minors, age 12
and under and one adult for every 20 minors under the age of 18 and over the age of 12 at
all times while they are using the Center. Events where the majority of the participants are
minors may be required to have security guards present during the event and cleanup.
19. Revocation for Violation - Reservations may be cancelled at any time by the Center
Director if there has been a violation of applicable rules or conditions of the facility use
permit.
20. Public Portions - The City shall have the right to control and operate the Center, including
the heating and air conditioning systems and common use areas, in a manner deemed best
for the City.
21. Discrimination By User Groups - The City of Diamond Bar shall not rent, lease, or allow
use of its public facilities by any person or organization that illegally discriminates on the
basis of race, color, creed, marital status, sex, religion, national origin, ancestry, sexual
preference, or handicap condition.
22. Parking Lot - The use of the parking lot is to service the facility. Exceptions may be issued
through approval of a Variance as provided in Section IX. Requests to use the parking lot
will be considered under "events not covered" (see paragraph 23 below) for appropriate
use, fees, and service.
23. Events Not Covered - Special events or requests not covered in this Use Policy must be
submitted in writing and shall be reviewed by the City to determine appropriate use, fees,
and services. A Variance may be required as provided in Section IX.
24. Decorations require prior approval by the Center Director. No signs or decorations are to
be taped, nailed or otherwise attached to walls, windows, ceilings, or drapes. Decorations
must be fireproof. Patio decorations must have prior approval. No rice, birdseed, confetti,
or other similar items shall be thrown in or around the facility. No open flames or candles
are allowed. Balloons must be secured and not released. Metallic ribbons may not be
attached to balloons. A fee will be assessed if facility janitorial staff has to retrieve
released balloons.
25. Security of Entrances - 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
14
DRAFT —Revised 10/3/03
DRAFT
ingress and egress. During use of the Center, all exit doors shall be unlocked and shall not
be blocked in any manner.
IX. VARIANCES
1. An applicant may request a variance from one or more of the rules set forth below in the
event that unusual circumstances make it impossible or infeasible to conduct the event within the precise
parameters of this Use Policy. Variances may be requested only from the following requirements:
Hours of use beyond closing times stated in this document.
ii. Relief from cancellation fees when facility is then used by an alternate party
that pays fees similar to or more than the cancelled event (for the same date
and approximate time as the cancelled event). If variance is granted, a $5.00
refund processing fee will be deducted from relief amount.
iii. Use of the parking lot for any purpose other than parking the cars of facility
users in marked stalls.
iv. Additional recurring use and/or subsidized weekend use by Priority Group
C organizations.
Large events that involve the use of multiple rooms and/or spaces not
normally scheduled for use and uses that may result in parking of event
attendees in areas beyond the boundary of the Community/Senior Center
parking lot, or events not covered in this Use Policy.
Requests for waiver or discount of fees (other than cancellation fees) will not be accepted nor considered.
Variance Request Procedures:
i. Variances must be requested in writing at the time of submission of the
Facility Use Application. The request must set forth the unusual
circumstances that justify a deviation from the ordinary rules.
ii. Variances will be granted only upon a finding that: 1) the circumstances
presented are unusual and not likely to recur often; 2) the grant of the
variance will not set a precedent; and 3) the variance will not be detrimental
to the public health, safety or welfare, or disruptive to other events
occurring in the facility at the same time, or to the immediately surrounding
neighborhood. The request for a variance will be acted upon at the time the
application is approved.
iii. In the event a variance is granted, the applicant will pay any supplemental
fee necessary to compensate the City for additional costs associated with the
variance. Denial of a variance may be appealed within ten days to the City
Manager. The City Manager's decision will be final.
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DRAFT — Revised 10/3103
City of Diamond Bar
Community/ Senior Center
Facility Use Fee Schedule
Groups A: City of Diamond Bar Sponsored Activities
Group B: City recognized Senior membership groups
Group A: No fees
Group B: No fees for regular weekday use
DRAFT
Group C: Other Governmental Agencies and Local Non-profit Service Groups
Room
Weekday Rates
Weekend Rates
Cleaning
Deposit
Rate
Operation
Rate I Operation
Big Banquet Room
$70/hr
$20/hr
$6751 event
$300
Senior Room
$50/hr
$15/hr
$50/hr
$15/hr
$100
Meeting Rooms
$10/hr
$15/hr
$10/hr
$15/hr
$100
Youth Room
$10/hr
$15/hr
$10/hr
$15/hr
$100
Youth Room (divided
I/2)
$10/hr
$15/hr
$10/hr
$15/hr
$100
Computer Room
$30/hr
$15/hr
$30/hr
$15/hr
$100
Banquet Room
(divided 1/3)
$40/hr
$15/hr
$50/hr
$15/hr
$100
Banquet Room
(divided 115)
$30/hr
$15/hr
$30/hr
$15/hr
$100
Catering Kitchen
$50/event
N/A
$50/event
N/A
$100
Group D-1: Diamond Bar Residents Private Events
Group D-2: Diamond Bar Resident Business Events
Room
Weekday Rates
Weekend Rates
Cleaning
Deposit
Rate
Operation
Rate
Operation
Big Banquet Room
$150/hr
$20/hr
$165/hr
$20/hr
$300
Senior Room
$60/hr
$15/hr
$60/hr
$15/hr
$100
Meeting Rooms
$30/hr
$15/hr
$30/hr
$15/hr
$100
Youth Room
$20/hr
$15/hr
$20/hr
$15/hr
$100
Youth Room (divided
1/z)
$20/hr
$15/hr
$20/hr
$15/hr
$100
Computer Room
$30/hr
$15/hr
$30/hr
$15/hr
$100
Banquet Room
(divided 113)
$40/hr
$15/hr
$40/hr
$15/hr
$100
Banquet Room
(divided 115)
$30/hr
$15/hr
$30/hr
$15/hr
$100
Catering Kitchen
$50/event
N/A
$50/event
N/A
$100
DRAFT — Revised 1013103
DRAFT
Group E: Non -Resident Private Events and Non -Resident Groups and Businesses
Room
Weekday Rates
Weekend Rates
Cleaning
Deposit
Rate
Operation
Rate
Operation
Big Banquet Room
$195/hr
$20/hr
$215/hr
$20/hr
$500
Senior Room
$70/hr
$15/hr
$701hr
$15/hr
$100
Meeting Rooms
$40/hr
$15/hr
$40/hr
$15/hr
$100
Youth Room
$30/hr
$15/hr
$30/hr
$15/hr
$100
Youth Room (divided
1�2)
$30/hr
$15/hr
$30/hr
$15/hr
$100
Computer Room
$40/hr
$15/hr
$40/hr
$15/hr
$100
Banquet Room
(divided 113)
$50/hr
$15/hr
$50/hr
$15/hr
$100
Banquet Room
(divided 1/5)
$30/hr
$15/hr
$30/hr
$15/hr
$100
Catering Kitchen
$50/event
N/A
$50/event
N/A
$100
1. A mandatory clean-up hour rental is required.
2. The operation fee assists in offsetting the cost of utilities, supplies, staffing, and other
facility operating costs.
3. A minimum of a six hour rental is required on weekends. A mandatory clean up hour
rental is required.
4. All self -catered events using the Catering Kitchen are required to pay the kitchen
rental fee.
5. Additional fees may include insurance and contracted security (per Facility Use
Policy)
b. Cleaning deposits are paid to ensure proper clean up and to cover the cost of any
replacement, repairs, damage, or loss to the facility. All cleaning deposits are
refundable if the applicant meets all of the cleaning standards as outlined in the
cleaning requirements of the Facility Use Policy. Any additional cleaning required
will be subtracted from the cleaning deposit. The City reserves the right to deny
future usage of the facility by individuals or groups who have not met the cleaning
requirements or have damaged the facility.
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DRAFT —Revised 1013103
DRAFT
Equipment Rental Fee Schedule: Groups C, D-1, D-2, and E
Equipment
Rental Fee Replacement Cost
Portable Bar
$25
Keyboard
$50
VCR/TV
$20
Coffee Pot (55 cu)
$20
Coffee Pot (100 cu)
$40
Slide Projector
$20
Overhead Projector
$20
Microphone (cordless)
$20
Microphone Stand
$5
Dance Floor — 500 sq. ft. thru 1000 sq. ft.
$200
Dance Floor — less than 500 sq. ft.
$100
Projection T.V.
$50
Projection Screen
No char e
Table Signs: 1-10
$10
Table Signs: 1-20
1 $20
Table Signs: 1-30
$30
Table Signs: 1-40
$40
1. Tables and chairs are included in the room rental fee.
2. Replacement fee will be assessed if equipment is damaged or destroyed.
3. Tenet[Users Insurance — This insurance is provided under separate contract with the
City's insurer. See attachment "A" for information and fees. Fees are subject to
change without advance notice. Fees are passed through to user.
III
Tenant/User Insurance Coverage
Information and Fees
♦ This section is provided to those who do not have their
own insurance that meets the requirements of the
Community/Senior Center Facility Use Policies.
♦ If the applicant is unable to provide adequate insurance,
the City of Diamond Bar, for a fee, makes available the
Tenant/User insurance coverage described in the
following five pages.
How to use this section:
1. Locate the type of activity you plan to conduct on Hazard Schedules I, II, or III
(pages 1, 2 or 3).
2. Determine the number of people you expect at your activity. For multiple day
activities, estimate the total attendance for all the days the activity will take
place. Multiple day events are limited to five consecutive days, unless
additional days are approved by the insurance provider.
3. The estimated premium amount corresponds with the Hazard Class I, II or III
for your total estimated attendance (page 4).
4. If alcoholic beverages are to be served, add $65.00 for each day of the event
to the premium amount from page 4. Alcoholic beverages are allowed only at
Hazard Class I events, unless approved by the insurance provider.
5. See sample calculations of premium on the bottom of page 4.
6. Rates are subject to change without notice.
7. For assistance with or questions about Tenant/User insurance coverage,
please contact the Community/Senior Center office at (909) 839-????.
IV
TENANT/USER PROGRAM
HAZARD SCHEDULE I
ANTIQUE SHOWS
ART FESTIVALS
ART SHOWS
AUCTIONS
AUTO SHOWS
AWARDS PRESENTATIONS
BALLETS
BANQUETS
BAZAARS
BEAUTY PAGEANTS
BINGO GAMES
BOAT SHOWS
BODY BUILDING CONTESTS
BUSINESS MEETINGS
BUSINESS SHOWS
CELEBRATIONS
CHAMBERS OF COMMERCE EVENTS
CHARITY BENEFITS, AUCTIONS/SALES
CINEMAS
CIVIC CLUBS & GROUP MEETINGS
CLASSICAL, MUSIC CONCERTS
CONCERTS, INDOOR (UNDER
1,500)
CONSUMERS SHOWS
CONVENTIONS IN BUILDINGS
CRAFT SHOWS
DANCE SHOWS
DEBUTANTE BALLS
DINNER THEATERS
DRILL TEAM EXHIBITIONS
EDUCATIONAL EXHIBITIONS
ELECTRONICS CONVENTIONS
EXHIBITIONS
EXHIBITS IN BUILDINGS
EXPOSITIONS - CAPACITY
FASHION SHOWS
FISHING EVENTS
FLOWER SHOWS
* REQUIRES PRIOR COMPANY APPROVAL
GARDEN SHOWS
GRADUATIONS
GUN & KNIFE SHOWS
GYMNASTIC COMPETITIONS
HARVEST FESTIVALS
HOME SHOWS
HOUSING SHOWS
ICE SKATING SHOWS
INSTRUCTIONAL CLASSES (NON-
MECHANICAL)
LADIES CLUB EVENTS
LECTURES
LUNCHEONS
MEETINGS (INDOORS)
MOBILE HOME SHOWS
MOTION PICTURE THEATERS
MUSICALS (NOT ROCK)
OPERAS
OPERETTAS
ORGANIZED SIGHT-SEEING TOURS
OUTINGS
OVERNIGHT CAMPING
PAGEANTS
PARTIES
PLAYS
PROMS
RV SHOWS
SCOUTING JAMBOREES
SEMINARS
SOCIAL RECEPTIONS
SPEAKING ENGAGEMENTS
SYMPHONY CONCERTS
TELECONFERENCES
TELETHONS
THEATRICAL STAGE PERFORMANCES
TRADE SHOWS IN BUILDINGS
VACATION SHOWS
WEDDINGS & RECEPTIONS
NOTE:
Athletic participant's coverage requires prior company approval and signed waiver(s),
TENANT/USER PROGRAM
HAZARD SCHEDULE II
AEROBICS & JAZZERCISE CLASSES
ANIMAL TRAINING
* BLOCK PARTIES/STREET CLOSURES
(EXCLUDING BLEACHERS)
* CONCERTS OUTDOOR (NOT ROCK,
UNDER 1,500 ADMISSIONS)
DANCES AND PARTIES
DEBUTS
DOG SHOWS
EVANGELISTIC MEETINGS
EXHIBITIONS (OUTDOOR)
FOOD CONCESSIONS
HORSE SHOWS
HOTEL SHOWS
JAM & JAZZ SESSIONS
JOB FAIRS
MARATHONS (WALKING,
RUNNING, ETC.)
MEETINGS (OUTDOORS)
NIGHT CLUB SHOWS
* REQUIRES PRIOR COMPANY APPROVAL
OLD TIMERS EVENTS
* PARADES (UNDER 500
SPECTATORS)
PICNIC GROUNDS WITHOUT
POOLS OR LAKES
* POLITICAL RALLIES
RELIGIOUS ASSEMBLIES
REUNIONS
RUMMAGE SALES
SCHOOL BANDS
SEANCES
SIDEWALK SALES
SOAP BOX DERBIES
SOCIAL GATHERINGS (OUTDOORS)
* STATE AND COUNTRY FESTIVALS
AND FAIRS
* STREET FAIRS
SWAP MEETS
TRADE SHOWS (OUTDOORS)
VOTER REGISTRATION
NOTE:
Athletic participant's coverage requires prior company approval and signed waiver(s).
TENANT/USER PROGRAM
HAZARD SCHEDULE III
ANIMAL ACTS/SHOWS
ARCADES
"BASEBALL
BICYCLE RALLIES
* CARNIVALS (NO RIDES)
CASINO & LOUNGE SHOWS
* CONCERTS (ROCK - UNDER 5,000)
COUNTRY WESTERN EVENTS
* ETHNIC CELEBRATIONS
* .FILM PRODUCTION (NON -ACTION)
HEADS OF STATE EVENTS
** JUNIOR ATHLETIC GAMES
NON CONTACT MARTIAL ARTS
KIDDIELANDS (NO RIDES)
LIVE ENTERTAINMENT
LIVESTOCK SHOWS
* PICNIC GROUNDS WITH POOLS OR
LAKES (EXCLUDING SWIMMING
OR DIVING LESSONS)
* PROMOTERS (SUBJECT TO SPECIAL
RATING)
RECREATIONAL EVENTS
SKI EVENTS
* * SOFTBALL
** SPORTING EVENTS IN BUILDINGS
(NON-PROFESSIONAL)
** TENNIS, HANDBALL &
RACQUETBALL COURTS
THEATRICAL ROAD SHOWS
UNION MEETINGS
zoos
* REQUIRES PRIOR COMPANY APPROVAL
** LEAGUE BASED EVENTS ARE EXCLUDED
NOTE:
Athletic participant's coverage requires prior company approval and signed waiver(s).
TENANT USER EVENT RATES
January 1, 2003 to January 1, 2004
PREMIUMS:
CLASS II
ATTENDANCE PREMIUM
1-100 $ I21.25
101-500 $ 211.25
501-1500 $ 250.00
1501-3000 $ 416.25
3001-5000 $ 531.25
5000+ To Be
Determined
RATES INCLUDE TAXES & FEES.
CLASS III
CLASS I
ATTENDANCE PREMIUM
1-100
$ 82.50
101-500
$ 115.00
501-1500
$ 172.50
1501-3000
$ 223.75
3001-5000
$ 338.75
5000+
To Be
Determined
CLASS II
ATTENDANCE PREMIUM
1-100 $ I21.25
101-500 $ 211.25
501-1500 $ 250.00
1501-3000 $ 416.25
3001-5000 $ 531.25
5000+ To Be
Determined
RATES INCLUDE TAXES & FEES.
CLASS III
ATTENDANCE
PREMIUM
1-100
$ 192.50
101-500
$ 338.75
501-1500
$ 447.50
1501-3000
$ 703.75
3001-5000
$ 863.75
5000+
To Be
Determined
RATES ARE APPLICABLE PER DAY.
FOR MULTIPLE DAYS:
• Total the attendance for all days of the event. Refer to rates and charge the premium
corresponding to the total attendance. Events over five days require underwriting
approval. Please submit information to Driver Alliant Insurance Services Associates
• Alcoholic Beverage premiums are to be separately calculated for each day.
Liquor Legal Liability is included in the policy by separate endorsement.
• Multiple Day Event: Days used exclusively to "set up" or "take down" are to be
reported on the Quarterly Report as "set up" or "take down" day. Include the "set up"
and/or "take down" day as insured days on the coverage certificate.
ONE DAY EVENT RATING EXAMPLE:
Wedding with 250 people: Attendance Category: Total Premium:
Refer to Hazard Schedule I "Weddings" 1 101-500 1$115.00
MULTIPLE DAY EVENT RATING EXAMPLE:
Events of two or more consecutive days:
5 Day Antique Show with 100 people each day: Attendance Category: Total Premium:
Refer to Hazard Schedule I "Antique Shows" 101-500 $115.00
Total Attendance 500.
4
TENANT USER EVENT RATES (Continued)
CONCESSIONAIRE RATE ENDORSEMENT:
Premium
Exhibitors - No Sales 545.00 Per Day/Per Exhibitor
Concessionaires - Non Food Sales $83.75 Per Day/Per Concessionaire
Concessionaires - Food Sales $76.25 Per Day/Per Concessionaire
These rates are to be used in conjunction with a scheduled event.
LIQUOR LEGAL LIABILITY:
Alcoholic beverages served charge $65.00 premium for each day of event of Hazard I only.
Rate includes taxes and fees.
Hazard Classes 11 and III require prior company approval.
Liquor Legal Liability coverage is only available in conjunction with a scheduled event.
In October, 1999, the City adopted Ordinance No. 13 which established a civil administrative
enforcement program pursuant to the statute and classified all violations of the code as civil
violations. Under this Ordinance, violations of the Code could be prosecuted criminally only if
a person or property owner had been issued three civil citations for the same violation in a
given twelve-month period.
Since adoption of Ordinance No. 13, the City has not experienced very many violations that
have resulted in the issuance of a citation. Most violations have been resolved informally
after warnings have been issued by the Code Enforcement Division. In fact, the City has had
so few cases involving citations that it has not needed to engage the services of the hearing
officer to hear citation appeals. Staff has found, however, that occasionally the informal
methods do not resolve violations. In those cases, staff believes that the availability of a
criminal remedy would be a more effective tool than the civil citation process.
Accordingly, this ordinance removes from the civil citation process all Code violations other
than those that are specifically enumerated as subject to civil remedies (see below). All other
provisions of the Code will be subject to criminal remedies (either as misdemeanors or
infractions) in the first instance. This means that where informal procedures do not result in
abatement of a violation, the City Prosecutor may commence a criminal proceeding, a
process that staff believes will be more effective in securing the desired result.
In December 2003, the City engaged the services of Dapeer and Rosenblit to serve as the
City Prosecutor. Steve Rosenblit of that firm reviewed the penal provisions of the Municipal
Code and concluded that prosecution of difficult cases would be best effectuated if most
code violations were classified as criminal offenses rather than civil. in addition, Mr.
Rosenblit reviewed the penal provisions of the Code and made a number of suggestions to
clarify and strengthen some of the existing language in those provisions and also to eliminate
some internal inconsistencies.
Mr. Rosenblit met with the City Attorney and staff to discuss those recommendations.
Thereafter, the City Attorney prepared this Ordinance which, in addition to the reclassification
of offenses discussed above, makes non -substantive clean-up improvements to the penal
provisions of the Code. Staff brought these recommendations to the Council sub -committee
for review and the sub -committee recommends approval.
Code Violations Subject to Civil Administrative Penalty Procedure.
Violations of the offenses described in the Sections of the Municipal Code as outlined below
are intended to be subject to the civil administrative penalty procedure set forth in Sections
1.04.030 through 1.04.190 of the Municipal Code:
2
Code Section Violation Tvr)e
UBC Section 3152B
8.12.1660
Pool enclosure; Required Characteristics.
10.12.140
Prohibited storm water and pollution control activities.
Cleaning of Sidewalks.
22.34.030 (a)
22.34.030 (b)
Storage in front yard/side yard abutting a street.
22.34.030 (c)
Vehicle parking.
Structure maintenance.
22.34.030 (d)
Landscape maintenance.
22.34.030 (e)
22.34.030 (f)
Fence and wall maintenance.
22.34.040 (a)
Temporary erosion control.
Storage in yards.
22.34.040 (b)
22.34.040 (c)
Storage in garages and carports.
22.34.040 (d)
Motor vehicle parking.
Structure maintenance.
22.34.040 (e)
22.34.040 (f)
Landscape maintenance.
22.34.040 (g)
Fence and wall maintenance.
Maintenance of parking and similar areas.
22.34.040 (h)
22.34.050 (a)
Temporary erosion control.
22.34.050 (b)
Storage in yards.
Motor vehicle parking.
22.34.050 (c)
22.34.050 (d)
Structure maintenance.
22.34.050 (e)
Landscape maintenance.
Fence and wail maintenance.
22.34.050 (f)
22.34.050 (g)
Temporary erosion control.
Maintenance of parking and similar areas.
22.34.060 (a)
Storage in yards.
22.34.060 (b)
22.34.060 (c)
Motor vehicle parking.
22.34.060 (d)
Structure maintenance.
Landscape maintenance.
22.34.060 (e)
22.34.060 (f)
Fence and wall maintenance.
22.34.060 (g)
Maintenance of parking and similar areas.
Temporary erosion control.
22.36.050 (4)
22.36.050 (5)
Temporary signs limited by size and period of display.
Temporary signs placed upon public
22.36.080
property.
Prohibited signs.
Any person who has violated or failed to comply with the same provision of any of the
sections of this Code as set forth above more than three times within a twelve-month period
will be found to be guilty of a misdemeanor for each violation of the same provision
committed thereafter within that same twelve month period.
3
Prepared By:
James DeStefano
Deputy City Manager
Attachment
1. Draft Ordinance No. XX (2003)
2. Section 1.04 of the Municipal Code/redlined
ORDINANCE NO. XX(2003)
AN ORDINANCE OF THE CITY OF DIAMOND
BAR REGARDING PENALTY PROVISIONS AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does hereby ordain as follows:
Section 1. Section 1.04.010 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"Sec. 1.04.010. Classification of Offenses.
No person shall violate any provision or fail to comply with any requirement or
condition of this Code, or of any permit, license, approval or entitlement granted or
issued pursuant to the provisions of this Code. Such violations are punishable as follows:
(a) Misdemeanor. Any person violating any provision or failing to comply
with any requirement or condition of this Code, or of any permit, license, approval or
entitlement granted or issued pursuant to the provisions of this Code, shall be guilty of a
misdemeanor unless such violation or failure to comply is expressly designated in this
Code as an infraction or is expressly subject to a civil administrative penalty pursuant to
subsection (d) of this section. Any person convicted of a misdemeanor under the
provisions of this Code shall be punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail for a period not exceeding six
months, or by both such fine and imprisonment. Each such person shall be guilty of a
separate offense for each and every day during any portion of which any violation of the
same provision of this Code is committed, continued or permitted by such person, and
shall be punished accordingly.
(b) Infraction. Any person violating any provision or failing to comply with
any requirement or condition of this Code, or of any permit, license or entitlement
granted or issued pursuant to the provisions of this Code expressly designated in this
Code as an infraction shall be guilty of an infraction. Except as otherwise provided in this
Code, any person convicted of an infraction shall b
y punishable y a fine of.
hundred dollars ($100) for the first violation, 2) two hundred dollars ($200) for)the e
second violation of the same provision of this Code within a twelve month period, and 3)
five hundred dollars ($500) for a third or more violations of the same provision of this
Code within a twelve month period. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation of the same
provision of this Code is committed, continued or permitted by such person, and shall be
punished accordingly.
A person charged with an infraction shall not be entitled to have the public
defender or other counsel appointed at public expense to represent him or her unless he or
she is arrested and not released on his or her written promise to appear, on his or her own
recognizance, or a deposit of bail.
(c) Reclassification of offenses. A violation of this Code classified as a
misdemeanor may be charged as an infraction when:
infraction; or 1. The prosecutor files a complaint charging the offense as an
2. The court, on motion of the prosecutor and with the consent of the
defendant, determines to treat a misdemeanor offense as an infraction, in which event the
case will proceed as if the defendant had been arraigned on an infraction complaint.
(d) Code Violations Subject to Civil Administrative Penalty Procedure. The
offenses described in the chapters and sections of this Code set forth below shall be
subject to the civil administrative penalty procedure set forth in Sections 1.04.030
through 1.04.190 of this Code:
UBC Section 3152B Pool enclosure; Required Characteristics.
8.12.1660
10.12.140
Prohibited storm water and pollution control activities.
Cleaning of Sidewalks.
22.34.030 (a)
22.34-030 (b)
Storage in front yard / side yard abutting a street.
Vehicle parking.
22.34.030 (c)
Structure maintenance.
22.34.030 (d)
Landscape maintenance.
22.34.030 (e)
22.34.030 (f)
Fence and wall maintenance.
22.34.040 (a)
Temporary erosion control.
Storage in yards.
22.34.040 (b)
22.34.040 (c)
Storage in garages and carports.
22.34.040 (d)
Motor vehicle parking.
Structure maintenance.
22.34.040 (e)
Landscape maintenance.
22.34.040 (f)
22.34.040 (g)
Fence and wall maintenance.
Maintenance
22.34.040 (h)
of parking and similar areas.
Temporary erosion control.
22.34.050 (a)
Storage in yards.
22.34.050 (b)
Motor vehicle parking.
22.34.050 (c)
Structure maintenance.
22.34.050 (d)
22.34.050 (e)
Landscape maintenance.
22.34.050 (f)
Fence and wall maintenance.
Temporary erosion control.
22.34.050 (g)
22.34.060 (a)
Maintenance of parking and similar areas.
Storage in yards.
22.34.060 (b)
Motor vehicle parking.
2
22.34.060 (c)
Structure maintenance.
22.34.060 (d)
Landscape maintenance.
22.34.060 (e)
Fence and wall maintenance.
22.34.060 (f)
22.34.060 (g)
Maintenance of parking and similar areas.
Temporary
erosion control.
22.36.050 (4)
22.36.050 (5)
Temporary signs limited by size and period of display.
Temporary signs placed upon public
22.36.080
property.
Prohibited signs.
Any person who is adjudicated to have violated or failed to comply with
the same provision of any of the sections of this Code set forth above in this paragraph
(d) more than three times within a twelve month period shall be guilty of a misdemeanor
for each violation of the same provision committed thereafter within that same twelve
month period. Any person who violates or fails to comply with any of the sections of this
Code set forth in this paragraph (d) and who possesses no photo identification or refuses
to identify himself/herself to an enforcement officer, making it impossible to issue an
administrative citation, shall be guilty of a misdemeanor.
(e) Public Nuisance. In addition to the penalty provisions set forth in
Paragraphs (a), (b), (c) and (d) of this Section, any condition, use or activity caused or
permitted to exist in violation of the provisions of this Code or in violation of any permit,
license, approval or entitlement shall be deemed a public nuisance and may be abated by
the City by any lawful means, including but not limited to administrative abatement
Proceedings, restraining order or injunction."
(f) Prohibited Acts. Whenever this Code makes any actor omission
unlawful, that unlawful act or omission includes causing, permitting, maintaining, aiding,
abetting, suffering or concealing that act or omission.
Section 2, Section 1.04.030 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"Any violation of a section of this Code enumerated in Section 1.04.010(d) shall
be subject to issuance of an administrative citation by an enforcement official pursuant to
the procedures set forth in this Chapter. Administrative citations for violations of any
Provision of the building, plumbing or electrical codes enumerated in Section 1.04.030(d)
shall not be issued until after the responsible person has been provided notice and a
reasonable opportunity to correct the violation, and has failed to do so. Payment of an
administrative citation shall not bar further enforcement action by the City if the violation
is not corrected or otherwise continues unabated. The City Manager is authorized to
Promulgate procedural rules and regulations governing the civil administrative penalty
citation and hearing process."
Section 3. Section 1.04.040 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended by adding thereto a new subparagraph (g) to read as follows:
3
(g) The name and address of the responsible person, and a signature line so that
the responsible person may acknowledge receipt of the citation.
Section 4. Section 1.04.070 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"The administrative fine shall be paid to the City within fifteen (I5) days from the
date of service of the citation. Payment of the fine, in the absence of a timely request for
a hearing pursuant to Section 1.04.080, constitutes a waiver of the responsible party's
right to an administrative hearing."
Section 5. Section 1.04.080 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"Any responsible person to whom an administrative citation is issued may choose
to contest the citation by requesting an administrative hearing within fifteen (IS) days of
service of the citation. In order to request a hearing, the responsible person shall submit
in the manner directed on the citation a fully completed request for administrative hearing
form along with either a deposit of the full amount of the administrative fine (in cash or
by way of a negotiable check) or a notice that an advance deposit hardship waiver request
has been filed pursuant to Section 1.04.090. The request for hearing shall be incomplete
if it does not include the deposit the full amount of the fine or the request for a hardship
waiver. The deposit will be retained in a non-interest bearing account until the matter is
resolved. If a timely and complete request for hearing is not submitted, the citation shall
be deemed final, and the fine shall be immediately due and owing to the City and may be
collected in any manner allowed by law for collection of a debt. Commencement of an
action to collect the delinquent fine shall not preclude issuance of additional citations to
the responsible party should the violation persist."
n
Section b. Section 1.04.090 of Title 1, Chapter 1.04 of the Diamond Bar Mu.icipal
Code is amended by deleting the sinal two sentences thereof and adding in their place the
following:
"The decision shall be final, and shall be served upon the person requesting the
waiver by regular first class mail. If the City Manager or his/her designee determines that
the waiver is not warranted, the person shall remit the fullamount of the fine as a deposit
within ten (10) days of mailing of the decision. If the full amount of the fine is not
deposited within the ten (10) day period, the request for hearing shall be deemed
incomplete and waived, and the citation shall be deemed final. The fine shall be
immediately due and owing to the City and may be collected in any manner allowed by
law for collection of a debt."
Section 7, Section 1.04. 100 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended by adding thereto the following:
12
"Any documentation, other than the administrative citation, which the
enforcement official has submitted or will submit to the hearing officer shall be sent to
the person requesting the hearing by regular first class mail at least five days before the
date on which the hearing is scheduled. The documentation shall also be made available
upon request at the time of the hearing."
Section 8. Section 1.04.150 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"At the conclusion of the hearing or within fifteen (15) days thereafter, the
administrative hearing officer shall render a decision as follows:
(a) Determine that the violation for which the citation was issued occurred, and
impose a fine in the amount set forth in the fine and penalty schedule, and if
the violation has not been corrected as of the date of the hearing, order
correction or abatement of the violation. In this event, the City shall retain
the fine deposited by the responsible person.
(b) Determine that the violation for which the citation was issued occurred, but
that the responsible party has introduced credible evidence of mitigating
circumstances warranting imposition of a lesser fine than that prescribed in
the fine and penalty schedule, or no fine at all, and impose such Iesser fine, if
any; and if the violation has not been corrected as of the date of the hearing,
order correction or abatement of the violation. In this event, the City shall
retain all or a portion of the fine deposited by the responsible person as
applicable.
(c) Determine that the violation for which the citation was issued did not occur
or that the condition did not constitute a violation of the Municipal Code. In
this event, the City shall refund the deposit, if any, within fifteen (15) days of
the decision.
The administrative hearing officer's decision shall be in writing, shall explain the basis
for the decision, and shall be served upon the responsible party by first class mail, to the
address stated on the request for hearing form. If applicable, the order shall set forth the
date by which compliance shall be achieved and the imposed fine paid to the City. The
order shall be final on the date of mailing, which shall be deemed the "date of service,"
and shall notify the responsible person of the right to appeal to the superior court, as
further described in Section 1.04.160."
Section 9. Section 1.04,160 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
"Within 20 days after service of the decision of the administrative hearing officer
upon the responsible person, he/she may seek review of the decision by filing a notice of
appeal with the superior court. The responsible person shall serve upon the city clerk
either in person or by first class mail a copy of the notice of appeal. If the responsible
5
person fails to timely file a notice of appeal, the administrative hearing officer's decision
shall be deemed final."
Section 10. Section 1.04.190 of Title 1, Chapter 1.04 of the Diamond Bar Municipal
Code is amended to read as follows:
Sec. 1.04.190. Failure to Comply with Administrative Order.
"In the absence of a timely appeal to the superior court, failure to comply with a
final administrative order directing the abatement of a continuing violation by the date
specified in the order is a misdemeanor offense for each day thereafter, or any portion
thereof, that the violation is maintained or permitted. In the event of a timely appeal to
the superior court pursuant to Section 1.04.160, and provided the City prevails thereon,
the responsible person shall be guilty of a misdemeanor offense for each day, or any
portion thereof, that a continuing violation is maintained or permitted after a court
ordered abatement date. Filing a misdemeanor action does not preclude the City from
pursuing any other remedies to gain compliance provided in this Code or under State law.
For purposes of this Chapter, a "continuing violation" shall mean a single, ongoing
condition or activity in violation of the Municipal Code."
PASSED, APPROVEDAND ADOPTED this
day of October 2003.
MAYOR
Attest:
City Clerk
Redlined Version of the Current Municipal Code
CHAPTER 1XXXXXX.04. PENALTIES AND CIVIL REMEDIES*
*Editor's note: Ord. No. 13(1999), § 1, adopted Nov. 2, 1999, repealed ch. 1.04
and enacted a new chapter as set out herein. The former ch. 1.04 pertained to
penalties, civil remedies and severability, and derived from the original
codification.
Cross references: Alarms systems, § 5.08.010 et seq.; emergency organization,
§ 8.00.010 et seq.; public peace, morals and welfare, tit. 9; vehicles and traffic,
tit. 10.
Section 1. Section 1.04.010 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows:
"Sec. 1.04.010. Classification of Offenses.
No person shall violate any provision or fail to comply with any
requirement or condition of this Code, or of any permit, license, approval or
entitlement granted or issued pursuant to the provisions of this Code.
Such violations are punishable as follows:
(a) Misdemeanor. Any person violating any provision or failing
to comply with any requirement or condition of this Code, or of any permit,
license, approval or entitlement granted or issued pursuant to the
provisions of this Code, shall be guilty of a misdemeanor unless such
violation or failure to comply is expressly designated in this Code as an
infraction or is expressly subject to a civil administrative penalty pursuant
to subsection (d) of this section. Any person convicted of a misdemeanor
under the provisions of this Code shall be punishable by a fine of not more
than one thousand dollars ($1,000) or by imprisonment in the county jail for
a period not exceeding six months, or by both such fine and imprisonment.
Each such person shall be guilty of a separate offense for each and every
day during any portion of which any violation of the same provision of this
Code is committed, continued or permitted by such person, and shall be
punished accordingly.
(b) Infraction. Any person violating any provision or failing to
comply with any requirement or condition of this Code, or of any permit,
license or entitlement granted or issued pursuant to the provisions of this
Code expressly designated in this Code as an infraction shall be guilty of
an infraction. Except as otherwise provided in this Code, any person
convicted of an infraction shall by punishable by a fine of.• 1) one hundred
dollars ($100) for the first violation, 2) two hundred dollars ($200) for the
second violation of the same provision of this Code within a twelve month
period, and 3) five hundred dollars ($500) for a third or more violations of
the same provision of this Code within a twelve month period. Each such
person shall be guilty of a separate offense for each and every day during
any portion of which any violation of the same provision of this Code is
committed, continued or permitted by such person, and shall be punished
accordingly.
A person charged with an infraction shall not be entitled to have the
Public defender or other counsel appointed at public expense to represent
2
him or her unless he or she is arrested and not released on his or her
written promise to appear, on his or her own recognizance, or a deposit of
bail.
(c) Reclassification of offenses. A violation of this Code
classified as a misdemeanor may be charged as an infraction when:
1. The prosecutor files a complaint charging the offense as
an infraction; or
2. The court, on motion of the prosecutor and with the
consent of the defendant, determines to treat a misdemeanor offense as an
infraction, in which event the case will proceed as if the defendant had
been arraigned on an infraction complaint.
(d) Code Violations Subject to Civil Administrative Penalty
Procedure. The offenses described in the chapters and sections of this
Code set forth below shall be subject to the civil administrative penalty
Procedure set forth in Sections 1.04.030 through 1.04. 190 of this Code:
UBC Section 31528 Pool enclosure; Required Characteristics.
8.12.1660 Proh b "t
3
ed
activities. storm water and pollution control
10.12.140
22.34.030 (a)
Cleaning of Sidewalks.
Storage in front yard/ side
22.34.030 (b)
yard abutting a street.
Vehicle parking.
22.34.030 (c)
22.34.030 (d)
Structure maintenance.
Landscape maintenance.
22.34.030 (e)
22.34.030 (f)
Fence and wall maintenance.
Temporary erosion control.
22.34.040 (a)
Storage in yards.
22.34.040 (b)
22.34.040 (c)
Storage in garages and carports.
Motor vehicle parking.
22.34.040 (d)
Structure maintenance.
22.34.040 (e)
Landscape maintenance.
22.34.040 (f)
22.34.040 (g)
Fence and wall maintenance.
Maintenance of parking and
22.34.040 (h)
22.34.050 (a)
similar areas.
Temporary erosion control.
22.34.050 (b)
Storage in yards.
Motor vehicle parking.
22.34.050 (c)
Structure maintenance.
22.34.050 (d)
Landscape maintenance.
22.34.050 (e)
22.34.050 (f)
Fence and wall maintenance.
Temporary erosion control.
22.34.050 (g)
22.34.060 (a)
Maintenance of parking and similar areas.
Storage in yards.
3
22.34.060 (b)
Motor vehicle parking.
22.34.060 (c)
Structure maintenance.
22.34.060 (d)
Landscape maintenance.
22.34.060 (e)
Fence and wall maintenance.
22.34.060 (f)
22.34.060 (g)
Maintenance of parking and similar areas.
Temporary erosion control.
22.36.050 (4)
Temporary signs limited by size and period of
22.36.050 (5)
22.36.080
display.
Temporary signs placed upon public property.
Prohibited signs.
Any person who is adjudicated to have violated or failed to
comply with the same provision of any of the sections of this Code set
forth above in this paragraph (d) more than three times within a twelve
month period shall be guilty of a misdemeanor for each violation of the
same provision committed thereafter within that same twelve month period.
Any person who violates or fails to comply with any of the sections of this
Code set forth in this paragraph (d) and who possesses no photo
identification or refuses to identify himself/herself to an enforcement
officer, making it impossible to issue an administrative citation, shall be
guilty of a misdemeanor.
(e) Public Nuisance. In addition to the penalty provisions set
forth in paragraphs (a), (b), (c) and (d) of this Section, any condition, use or
activity caused or permitted to exist in violation of the provisions of this
Code or in violation of any permit, license, approval or entitlement shall be
deemed a public nuisance and may be abated by the City by any lawful
means, including but not limited to administrative abatement proceedings,
restraining order or injunction."
(f) Prohibited Acts. Whenever this Code makes any actor
omission unlawful, that unlawful act or omission includes causing,
permitting, maintaining, aiding, abetting, suffering or concealing that act or
omission.
Sec. 1.04.020. Definitions.
The following words and phrases, when used in the context of this chapter, shall
have the following meanings:
Enforcement official shall mean a person, who has Penal Code Citation
Certification Training, designated by the city manager as an enforcement official
or any member of the sheriff's department who is authorized to enforce the
Provisions of the Diamond Bar Municipal Code.
4
Legal interest shall mean any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgement, lien, tax or assessment lien or other similar
instrument, which is recorded with the county recorder.
Responsible person shall mean any person whom an enforcement official
determines is responsible for causing or maintaining a violation of the Code. The
term "responsible person" includes, but is not limited to, a property owner, tenant,
person with a legal interest in real property, or person in possession of real
property.
(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.030. Administrative citation.
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Section 2. Section 1.04.030 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows:
"Any violation of a section of this Code enumerated in Section
1.04.010(d) shall be subject to issuance of an administrative citation by an
enforcement official pursuant to the procedures set forth in this Chapter.
Administrative citations for violations of any provision of the building,
plumbing or electrical codes enumerated in Section 1.04.030(d) shall not be
issued until after the responsible person has been provided notice and a
reasonable opportunity to correct the violation, and has failed to do so.
Payment of an administrative citation shall not bar further enforcement
action by the City if the violation is not corrected or otherwise continues
unabated. The City Manager is authorized to promulgate procedural rules
and regulations governing the civil administrative penalty citation and
hearing process. "
(Ord. No. 13 (1999), § 1, 11-2-99)
Sec. 1.04.040. Content of administrative citation.
An administrative citation shall contain all of the following information:
(a) The date and location of the violation and the approximate time the
violation was observed.
5
(d) The code section violated and a description of how the section was
violated.
(c) The amount of the fine imposed for the violation, and where and when the
fine shall be paid.
(d) An order prohibiting another occurrence of the code violation.
(e) A description of the administrative citation review process, including the
time within which to contest the administrative citation and the place from which
to obtain a request for hearing form to contest the administrative citation.
(f) The name and signature of the citing enforcement official.
(Ord. No. 13 (1999), § 1, 11-2-99)
Section 3. Section 1.04.040 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended by adding thereto a new subparagraph (g) to
read as follows (see underlined paragraph):
"(g) The name and address of the responsible person, and a signature
line so that the responsible person may acknowledge receipt of the
citation. "
Sec. 1.04.050. Procedure for serving administrative citation.
An enforcement official may issue an administrative citation, on a form approved
by the city manager, to a responsible person, as follows:
(a) If the responsible person is an individual, the enforcement official shall
attempt to locate the individual and issue to that individual an administrative
citation, if the address of the individual is known to the city, a copy of the
administrative citation also shall be mailed to the individual by certified mail,
postage prepaid, return receipt requested. Simultaneously, the same notice shall
be sent by regular mail. If a notice sent by certified mail is returned unsigned,
then service shall be deemed effective pursuant to regular mail, provided the
notice that was sent by regular mail is not returned.
(b) If the responsible person is a corporation, the enforcement official shall
attempt to locate any one of the following individuals and issue to that individual
an administrative citation: the president or other head of the corporation, a vice
president, a secretary or assistant secretary, a treasurer or assistant treasurer, a
general manager, or a person authorized by the corporation to receive service of
process in a civil action. If the office address of any of the above listed individuals
is known to the city, a copy of the administrative citation also shall be mailed to
one of those individuals by certified mail, postage prepaid, return receipt
requested. Simultaneously, the same notice shall be sent by regular mail. If a
notice sent by certified mail is returned unsigned, then service shall be deemed
effective pursuant to regular mail, provided the notice that was sent by regular
mail is not returned.
(c) If the responsible person is a business other than a corporation, the
enforcement official shall attempt to locate the business owner and issue the
business owner an administrative citation. If the enforcement official can locate
only the manager of the business, the administrative citation may be given in the
manager of the business. If the address of the business is known, a copy of the
administrative citation also shall be mailed to that address to the attention of the
business owner or a responsible person. The mailing shall be sent by certified
mail, postage prepaid, return receipt requested. Simultaneously, the same notice
may be sent by regular mail. If a notice sent by certified mail is returned
unsigned, then service shall be deemed effective pursuant to regular mail,
provided the notice that was sent by regular mail is not returned.
(d) The enforcement official shall attempt to obtain on the administrative
citation the signature of the responsible person, or in cases in which the
responsible person is a corporation or business, the signature of the person
served with the administrative citation. If a responsible person or person served
refuses or fails to sign the administrative citation, the failure or refusal to sign
shall not affect the validity of the citation or of subsequent proceedings.
(e) If the enforcement official is unable to locate a responsible person for the
violation, the administrative citation shall be mailed to the responsible person by
certified mail, postage prepaid, return receipt requested. Simultaneously, the
same notice may be sent by regular mail, if a notice sent by certified mail in
returned unsigned, then service shall be deemed effective pursuant to regular
mail, provided the notice that was sent by regular mail is not returned.
(f) If the enforcement official does not succeed in serving the responsible
person personally, or by certified mail or regular mail, the enforcement official
shall post the administrative citation on any real property within the city in which
the city has knowledge that the responsible person has a legal interest, and such
posting shall be deemed effective service.
(g) If the enforcement official does not succeed in serving the responsible
person personally, by certified mail or regular mail, and the city is not aware that
the responsible person has a legal interest in any real property within the city, the
enforcement official shall cause the administrative citation to be published once a
week for four successive weeks in a local newspaper published at least once a
week.
(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.060. Administrative fine.
The fine imposed pursuant to this article for a particular violation shall be in the
amount set forth in the schedule of fines and penalties established by resolution
of the city council. The schedule of fines and penalties shall specify the amount
of any late payment charges imposed for failure to pay the fine by the due date.
(Ord. No. 13(1999), § 1, 11-2-99)
7
Sec. 1.04.070. Payment of administrative fine
Section . Section 1.04.070 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows:
"The administrative fine shall be paid to the City within fifteen (15)
days from the date of service of the citation. Payment of the fine, in the
absence of a timely request for a hearing
constitutes a waiver of the responsible party s right to an administrative
hearing. "
(Ord. No. 13 (1999), § 1, 11-2-99)
Sec. 1.04.080. Request for administrative hearing.
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Sec • Section 1.04.080 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows:
"Any responsible person to whom an administrative citation is
issued may choose to contest the citation by requesting an administrative
hearing within fifteen (15) days of service of the citation. In order to
�-*j
request a hearing, the responsible person shall submit in the manner
directed on the citation a fully completed request for administrative hearing
form along with either a deposit of the full amount of the administrative fine
(in cash or by way of a negotiable check) or a notice that an advance
deposit hardship waiver request has been filed pursuant to Section
1.04.090. The request for hearing shall be incomplete if it does not include
the deposit the full amount of the fine or the request for a hardship waiver.
The deposit will be retained in a non-interest bearing account until the
matter is resolved. If a timely and complete request for hearing is not
submitted, the citation shall be deemed final, and the fine shall be
immediately due and owing to the City and may be collected in any manner
allowed by law for collection of a debt Commencement of an action to
collect the delinquent fine shall not preclude issuance of additional
citations to the responsible party should the violation persist. "
(Ord. No. 13 (1999), § 1, 11-2-99)
Sec. 1.04.090. Advance hardship waiver deposit.
Any responsible person who requests a hearing to contest an administrative
citation and who is financially unable to deposit the administrative fine as
waiver. The request shall be filed with the development services
required in section 1.04.070 may file a request for an advance deposit hardshion anp
division
advance deposit hardship waiver application form, available from the department,
no later than ten days after service of the administrative citation. The city
manager or his/her designee may issue an advance deposit hardship waiver only
if the person requesting the waiver submits to the city manager or his/her
designee a sworn affidavit, together with any supporting documents,
demonstrating to the satisfaction of the city manager or his/her designee the
person's financial inability to deposit with the city the full amount of the fine in
advance of the hearing. Written proof of financial hardship, at a minimum must
include tax returns, financial statements, bank account records, salary records or
similar documentation demonstrating that the responsible person is unable to
deposit the penalty. The city manager or his/her designee shall issue a written
decision specifying the reasons for issuing or not issuing the waiver. T44e
rr-
Section 6. Section 1.04.090 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended by deleting the final two sentences thereof and
adding in their place the following:
0
"The decision shall be final, and shall be served upon the person
requesting the waiver by regular first class mail. If the City Manager or
his/her designee determines that the waiver is not warranted
shall remit the full amount of the fine as a deposit within ten (10) days of , the person
mailing of the decision. If the full amount of the fine is not deposited
within the ten (10) day period, the request for hearing shall be deemed
incomplete and waived, and the citation shall be deemed final. The fine
shall be immediately due and owing to the City and may be collected in any
manner allowed by law for collection of a debt. "
(Ord. No. 13 (1999), § 1, 11-2-99)
Sec. 1.04.100. Time for administrative hearing.
Only after a request for hearing form is filed, and the responsible person
requesting the hearing has either deposited the administrative fine in full or
obtained an advance deposit hardship waiver, shall the city set the date and time
for the administrative hearing. The hearing shall be set for a date not less than 15
days nor more than 60 days after the request for hearing form is filed, and the
administrative fine is deposited with the city or an advance deposit hardship
waiver is issued. The city shall send notice of the date, time, and place of the
hearing to the person requesting the hearing by certified mail, return receipt
requested at least ten days before the date of the hearing.
(Ord. No. 13(1999), § 1, 11.2-99)
Section 7. Section 1.04.100 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended by adding thereto the following
"Any documentation, other than the administrative citation, which
the enforcement official has submitted or will submit to the hearing officer
shall be sent to the person requesting the hearing by regular first class
mail at least five days before the date on which the hearing is scheduled.
The documentation shall also be made available upon request at the time
of the hearing. "
Sec. 1.04.110. Request for continuance of hearing.
The responsible person requesting a hearing may request one continuance, but
in no event may the hearing begin later than 90 days after the request for hearing
form is filed, and the administrative fine is deposited with the city or an advance
deposit hardship waiver is issued.
(Ord. No. 13(1999), § 1, 11-2-99)
10
Sec. 1.04.120. Appointment of administrative hearing officer.
The hearing shall be conducted by an administrative hearing officer appointed by
the city manager to perform such hearings.
(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.130. Procedures at administrative hearing
The responsible person may attend the hearing in person or in lieu of attending
may submit written argument and documentation under penalty of perjury prior to
the time scheduled for the hearing. Administrative hearings are informal, and
formal rules of evidence and discovery do not apply. Each party shall have the
Opportunity to present evidence in support of his or her case and to cross-
examine witnesses. The city bears the burden of proof at an administrative
hearing to establish a violation of the City Code. The administrative citation and
any additional reports submitted by the enforcement official shall constitute prima
facie evidence of the facts contained in those documents. The administrative
hearing officer must use a preponderance of evidence as the standard of
evidence in deciding the issues.(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.140. Failure to attend administrative hearing
If the responsible person fails to attend the hearing or fails to submit arguments
in writing, the administrative hearing officer will render a decision based on the
documents that have been received and the responsible person will be deemed
to have waived his/her right to an administrative hearing. Under those
circumstances, the administrative hearing officer may request additional
information from either the responsible person or the enforcement official as may
be necessary to render a decision. if service of the administrative hearing is
made by posting the citation on real property within the city in which the
responsible person has a legal interest, and the responsible person provides
verifiable and substantial evidence that removal of the administrative citation
from the property by a third party caused the responsible person's failure to
attend the scheduled hearing, the responsible person shall be entitled to an
administrative hearing.
(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.150. Decision of administrative hearing officer.
11
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Sec. Section 1.04,150 of Title 1, Chapter 1,04 of the Diamond Bar
Municipal Code is amended to read as follows:
"At the conclusion of the hearing or within fifteen (15) days
thereafter, the administrative hearing officer shall render a decision as
follows:
(a) Determine that the violation for which the citation was issued
occurred, and impose a fine in the amount set forth in the fine
and penalty schedule, and if the violation has not been corrected
as of the date of the hearing, order correction or abatement of the
violation. In this event, the City shall retain the fine deposited by
the responsible person.
(b) Determine that the violation for which the citation was issued
occurred, but that the responsible party has introduced credible
evidence of mitigating circumstances warranting imposition of
lesser fine than that prescribed in the fine and penalty schedule,
or no fine at all, and impose such lesser fine, if any; and if the
violation has not been corrected as of the date of the hearing,
order correction or abatement of the violation. In this event, the
City shall retain all or a portion of the fine deposited by the
responsible person as applicable.
(c) Determine that the violation for which the citation was issued did
not occur or that the condition did not constitute a violation of
the Municipal Code. In this event, the City shall refund the
deposit, if any, within fifteen (15) days of the decision.
The administrative hearing officer's decision shall be in writing, shall
explain the basis for the decision, and shall be served upon the
12
responsible party by first class mail, to the address stated on the request
for hearing form. If applicable, the order shall set forth the date by which
compliance shall be achieved and the imposed fine paid to the City. The
order shall be final on the date of mailing, which shall be deemed the "date
of service, " and shall notify the responsible person of the right to appeal to
the superior court, as further described in Section 1.04.160. "
(Ord. No. 13 (1999), § 1, 11-2-99)
Sec. 1.04.160. Appeal of decision of administrative hearing officer.
Section 9. Section 1.04.160 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows:
"Within 20 days after service of the decision of the administrative
hearing officer upon the responsible person, he/she may seek review of the
decision by filing a notice of appeal with the superior court. The
responsible person shall serve upon the city clerk either in person or by
first class mail a copy of the notice of appeal. If the responsible person
fails to timely file a notice of appeal, the administrative hearing officer's
decision shall be deemed final. "
(Ord. No. 13 (1999), § 1, 11.2_99)
Sec. 1.04.170. Late payment charges.
Any person who fails to pay to the city on or before the due date an
administrative fine imposed pursuant to the provisions of this chapter, shall be
liable for the payment of any applicable late payment charges set forth in the
schedule of fines and penalties established by resolution of the city council.
(Ord. No. 13(1999), § 1, 11-2-99)
Sec. 1.04.150. Collection of administrative fine.
The city may collect any past -due administrative fine or late payment charges by
use of any available legal means.
(Ord. No. 13(1999), § 1, 11-2-99)
13
Sec. 1.04.190. Failure to pay administrative fine.
Sect. Section 1.04.190 of Title 1, Chapter 1.04 of the Diamond Bar
Municipal Code is amended to read as follows..
Sec. 1.04.190. Failure to Comply with Administrative Order.
"In the absence of a timely appeal to the superior court, failure to
comply with a final administrative order directing the abatement of a
continuing violation by the date specified in the order is a misdemeanor
offense for each day thereafter, or any portion thereof, that the violation is
maintained or permitted. In the event of a timely appeal to the superior
court pursuant to Section 1.04.160, and provided the City prevails thereon,
the responsible person shall be guilty of a misdemeanor offense for each
day, or any portion thereof, that a continuing violation is maintained or
permitted after a court ordered abatement date. Filing a misdemeanor
action does not preclude the City from pursuing any other remedies to gain
compliance provided in this Code or under State law. For purposes of this
Chapter, a "continuing violation" shall mean a single, ongoing condition or
activity in violation of the Municipal Code."
(Ord. No. 13 (1999), § 1, 11-2-99)
14