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HomeMy WebLinkAbout8/5/2003THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. ON CHANNEL 17. CITY OF DIAMOND BAR CITY COUNCIL AGENDA AUGUST 5, 2003 STUDY SESSION: 4:30 p.m., CC -8 Speed Hump Discussion Community/Senior Center Facility Use Policy Discussion of Community Foundation By -Laws Public Comments CLOSED SESSION: 6:00 p.m. CC -8 Public Comments Anticipated Litigation -- Government Code Section 54956.9(b) -- one case. CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation entitled, "Preparing for the West Nile Virus", by Greater Los Angeles County Vector Control District 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: AUGUST 5, 2003 PAGE 2 CITY COUNCIL AGENDA 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 CONCERTS IN THE PARK — Hodads (Beach/Surf) AND NATIONAL NIGHT OUT - August 6, 2003 — 6:30 p.m. — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 PLANNING COMMISSION MEETING — August 12, 2003 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 5.3 CALTRANS MONTHLY MEETING — August 13, 2003 — 6:30 p.m., Government Center/AQMD Room CC -2, 21865 E. Copley Drive. 5.4 CONCERTS IN THE PARK (Last Concert) — Dean Colley (Neil Diamond Tribute) — August 13, 2003 - 6:30 p.m. — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — August 14, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive. 5.6 CITY COUNCIL MEETING — August 19, 2003 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Closed Session and Study Session of July 15, 2003 — Approve as submitted. 6.1.2 Regular Meeting of July 15, 2003 — Approve as submitted. AUGUST 5, 2003 PAGE 3 CITY COUNCIL AGENDA 6.2 TRAFFIC AND TRANSPORTATION MINUTES — Regular Meeting of June 12, 2003 — Receive and File. 6.3 PLANNING COMMISSION MINUTES — Regular Meeting of June 24, 2003 - Receive and file. 6.4 PARKS & RECREATION COMMISSION MINUTES — Regular Meeting of June 26, 2003 - Receive and File. 6.5 WARRANT REGISTERS - Approve Warrant Registers dated July 17, 2003, July 24, 2003, and July 31, 2003, for a total amount of $1,853,152.72 — Approve. 6.6 TREASURER'S STATEMENT - month of June, 2003 - Review and approve. 6.7 RECEIVE, ACCEPT, AND FILE PROPOSITION A LOCAL RETURN FUND, PROPOSITION C LOCAL RETURN FUND, AND TRANSPORTATION DEVELOPMENT ACT FUND AUDIT REPORTS FOR FISCAL YEARS ENDED JUNE 30, 2002 AND 2001. Recommended Action: Receive, Accept, and File. Requested by: Finance Division 6.8 APPROVE EXONERATION OF GRADING BONDS FOR: a) LOT NO. 28 OF TRACT NO. 30289 (3020 WAGON TRAIN LANE, THE COUNTRY) IN THE AMOUNT OF $29,380 (Bond No. 3SM 890 885 00). Recommended Action: Approve. b) 20801 GOLDEN SPRINGS DRIVE (LA FITNESS) IN THE AMOUNT OF $25,760 (Bond No. CC 7667). Recommended Action: Approve. Requested by: Public Works Division 6.9 APPROVE APPROPRIATION IN THE AMOUNT OF $22,000 FROM THE GENERAL FUND RESERVES TO FUND ENHANCEMENT OF PARKWAY MAINTENANCE SERVICES. Recommended Action: Approve. Requested by: Community Services Division AUGUST 5, 2003 PAGE 4 CITY COUNCIL AGENDA 6.10 AUTHORIZE INCREASE OF $40,000 TO THE PROFESSIONAL SERVICE AGREEMENT WITH MONTANA TESTING AND GEOLOGICAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES AT THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT -TO -EXCEED $100,000. Recommended Action: Authorize. Requested by: City Manager 6.11 APPROVE CONTRACT AMENDMENT #6 WITH DAVID EVANS AND ASSOCIATES, INC., IN THE AMOUNT OF $32,400, FOR LANDSCAPE ARCHITECTURAL SERVICES FOR SUMMITRIDGE PARK RESTROOM BUILDING AND PLAY AREA PROJECT. Recommended Action: Approve. Requested by: Community Services Division 6.12 ADOPT RESOLUTION NO. 2003 -XX: REMOVING THE "TWO HOUR PARKING" SIGNS AND INSTALLING "NO STOPPING ANYTIME" SIGNS ON WESTBOUND GOLDEN SPRINGS DRIVE IN FRONT OF DIAMOND PLAZA AND COCO'S RESTAURANT. Recommended Action: Adopt. Requested by: Public Works Division 6.13 APPROVE AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND PRINTING SERVICES PROVIDED BY PEPR GRAPHICS IN AN AMOUNT UP TO $53,000 FOR THE 2003/04 FY. Recommended Action: Approve. Requested by: Public Information Division 6.14 APPROVE CONTRACT AMENDMENT NO. 2 WITH KOSMONT PARTNERS IN THE AMOUNT OF $60,000 FOR ECONOMIC DEVELOPMENT SERVICES, FOR A TOTAL CONTRACT AMOUNT OF $131,000. AUGUST 5, 2003 PAGE 5 CITY COUNCIL AGENDA Recommended Action: Approve. Requested by: Economic Development Division 6.15 ADOPT CITY COUNCIL GOALS AND OBJECTIVES FOR FY 2003-2004. (Continued from July 15, 2003) Recommended Action: Adopt. Requested by: City Manager 6.16 APPROVE AMENDMENT OF CERTIFICATE/RECOGNITION POLICY. (Continued from July 15, 2003) Recommended Action: Approve. Requested by: City Manager 6.17 a) RESCIND CONTRACT WITH DYNALECTRIC FOR TRAFFIC SIGNAL MODIFICATION PROJECT AT GRAND AVENUE/SHOTGUN LANE, BREA CANYON ROAD/LYCOMING STREET, AND GOLDEN SPRING DRIVE/BALLENA DRIVE. Recommended Action: Rescind. b) APPROPRIATE $584,719 FROM FY 03/04 UNAPPROPRIATED PROPOSTION C FUND BALANCE AND AWARD CONTRACT FOR TRAFFIC SIGNAL MODIFICATION PROJECT AT GRAND AVE./SHOTGUN LN., BREA CANYON RD./LYCOMING ST. AND GOLDEN SPRINGS DR./BALLENA DR. TO PETE & SONS CONSTRUCTION, INC. IN THE AMOUNT OF $536,200 AND AUTHORIZE $48,519 CONTINGENCY FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $584,719. Recommended Action: Appropriate and award. Requested by: Public Works Division 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF JOINT USE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITY OF DIAMOND BAR, THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT, AND THE AUGUST 5, 2003 PAGE 6 CITY COUNCIL AGENDA POMONA UNIFIED SCHOOL DISTRICT FOR THE OPERATION OF PROPOSED LIBRARY. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager FROM: David G. Liu, Director of Public Works CC: James DeStefano, Deputy City Manager TITLE: SPEED HUMP POLICY BACKGROUND: At the July 16, 2002 meeting, Council adopted a Speed Hump Policy (Attachment "A") and approved the installation ofthree (3) permanent speed humps at415/416 Navajo Spring Road, 304/311 Navajo Springs Road and 23632/23633 Decorah Road (Attachment "B"). On August 6, 2002, Council further placed a one year moratorium to a Ilow time to evaluate the long lasting effect on the neighborhood from residents, law enforcement, and other emergency services providers. During this moratorium, no petitions for speed hump installation would be processed or speed humps approved. Since November 2001, those portions of Navajo Springs Road and Decorah Road have been studied with 1) no speed humps 2) rubberized portable speed humps and 3) asphalt concrete speed humps. Attached for your information are the tabulated study results to date for each of the aforementioned study conditions (Attachment "C). DISCUSSION: The following tables present "snap shot' conditions that may be representativ e of the total traffic survey results. Survey Location: 435 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Seed mph NONE November 2001 Monday 1452 29 33 40 first stud Rubberized January 2002 (60- Monday 1019 23 27 8 So peed Hump day stud Rubberized April 2002 Monday 1091 23 27 3 Speed Hum 150 -da stud January 2003 (420- Monday 944 23 27 3 Concrete day study) I I I I I I SpeedAsphalt Survey Location: 435 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesda 1143 26 31 3 first stud Rubberized January 2002 (60- Wednesda 1059 22 26 0 S ed Hump day stud Rubberized April 2002 Wednesda 1030 23 27 4 Speed Hum 150 -da stud Asphalt January 2003 (420- Wednesda 929 23 28 2 Concrete day study) y I I I I S ed Hum Survey Location: 435 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 1 Saturday 1280 26 31 12 first stud Rubberized January 2002 (60- Saturday 1161 22 26 6 Speed Hump day stud Rubberized April 2002 Saturday 1119 22 26 2 Speed Hum 150 -da stud Asphalt January 2003 (420- Saturday 838 23 28 4 Concrete day study) I I I I Spee Hum Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 851h Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Seed mph NONE November 2001 Monday 843 25 28 3 first stud Rubberized January 2002 (60- Monday 784 23 27 6 Speed Hump day stud Rubberized April 2002 Monday 647 23 27 0 Speed Hum 150 -da stud Asphalt Januad stud 577 21 28 0 Concre j420- I Monday y I I I I I Speed Ht mo -2 - Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesda 748 24 28 0 first stud Rubberized January 2002 (60- Wednesda 767 23 26 1 S ed Hump day stud Rubberized April 2002 Wednesda 690 25 28 6 Speed Hum 150 -da stud Asphalt January 2003 (420- Wednesda 626 22 28 0 Concrete day study) y I I I I S ed Hum Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 1 Saturday 824 24 28 0 first stud Rubberized January 2002 (60- Saturday 720 21 25 3 Speed Hump day stud Rubberized April 2002 Saturday 825 23 27 1 Speed Hum 150 -da stud Asphalt January 2003 (420- Saturday 773 21 27 0 Concrete day study) I I I I I Spee Hum Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 851h Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Seed mph NONE November 2001 Monday 804 24 28 5 first stud Rubberized January 2002 (60- Monday 604 20 24 1 Speed Hump day stud Rubberized April 2002 Monday 615 19 24 0 Speed Hum 150 -da stud Asphalt January sd Monday 435 19 27 2 Concrete j420- dtu I I I I I I S Hm -3 - Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesda 617 23 26 1 first stud Rubberized January 2002 (60- Wednesda 577 20 24 0 S ed Hump day stud Rubberized April 2002 Wednesda 576 21 24 6 Speed Hum 150 -da stud Asphalt January 2003 (420- Wednesda 447 20 27 0 Concrete day study) y S ed Hum Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85`h Overall Total Calming Study I Week I Total Avg. Percentile Vehicles >55 Device Vehicles Seed mph NONE November 2001 Saturday 662 22 27 1 first stud Rubberized I January 2002 (60- Saturday 729 18 23 0 Speed Hump I day stud Rubberized April 2002 Saturday 687 20 24 0 Speed Hum 150 -da stud Asphalt January 2003 (420- Saturday 575 19 26 0 Concrete day study) S ed Hum The general area (Navajo Springs Road and Decorah Road) appeared to see an overall decline in total vehicles and speed since the installation of speed humps. Though the speed numbers have declined (i.e. average speed, 85th percentile, speeds >55 mph), the decline in total vehicles may be due to motorists choosing alternate routes to avoid the speed humps Furthermore, a survey was sent to the 177 residents at the pilot project study area to solicittheir input as part of the study. The following are the results of the survey from 56 responders (32% response turnout): 1. Did the speed humps: a. Reduce the speed ofmost vehicles. 29 responses b. Reduce the speed ofa few vehicles. 22responses c. No reduction in speed. 2 responses 2. Are the speed humps an effective tool to prevent speeding in residential neighborhoods? a. Yes 48 responses b. No 6 responses 3. Do you feel your neighborhood is a better place to live since the speed humps were installed? a. Yes 40 responses b. No 12 responses -4 - 4. Are you in favor of a. Retaining the speed humps b. Removing the speed humps 46 responses 5 responses 5. Would you agree to the installation of speed hump in front ofyour home? a. Yes 36 responses b. No 15 responses According to the results, the majority of those residents who did respond to the survey are in favor of the speed humps. General comments were also solicited as part of the survey. For example, some of the comments noted are: - "They are a great way to lower speed through residential areas." - "The speed humps need to be taller. Now, they only slow down drivers that are not used to them." - "There needs to be more speed humps between the stop signs north and south of my address." - "I believe that the speed humps also degrade the neighborhood." Finally, input from the Sheriffs and Fire Departments were also solicited. As previously stated by the Sheriffs Department, they do not have a written policy and do not object to the use of speed humps. However, they do not generally promote their use. Also, they were not able to document any negative affects. At the time of this report, no comments have been received from the Fire Department. However, as previously noted by staff, the Fire Department does not recommend the installation of speed humps but may be allowed under certain circumstances and conditions. CONCLUSION/RECOM MENDATION: It appears the speed humps do slow down traffic if installed and spaced appropriately. They also appear to reduce the volume of traffic. This could be due to traffic diverting to other streets in the area. Most of the residents' responses are in favor of speed humps. While there are benefits of speed humps there are also drawbacks. They include diversion of traffic to other streets, possible increase in noise levels (e.g. vehicle vibration), interference with street sweeping operations, and increased City liability exposure. Taking into consideration the benefits and drawbacks, it is recommended that: 1) Each speed hump request would be reviewed on a case by case basis, based on established criteria and procedures as contained in the approved Speed Hump Policy. 2) Funding and priority be established. Each year the program for installation of speed humps will be reviewed for inclusion in the budget by the City Council as submitted by staff.The City Council may budget a specified amount each fiscal year to be used for insta Ilation of speed humps at approved locations based on a priority basis. (The total labor and material cost of the speed humps including signing and striping for the pilot project was approximately $5,000.00. Funding came from the City's road maintenance budget.) Upon removing the moratorium, priority determination for all speed hump installation requests will be established. This will be done by using a -5 - systematic formula considering 1) percentage ofvehicles exceeding 25 mph and 2) 24-hour traffic volume counts. By multiplying the two factors, streets yielding the highest numerical value in the computation will have the highest priority. PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: July 30, 2003 ATTACHMENTS: Attachment "A" -Speed Hump Policy Attachment "B" -Aerial Map Attachment "C" -Traffic Survey Spreadsheets -6 - Survey Location: 435 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesday 1143 26 31 3 first stud Rubberized January 2002 (60- Wednesday 1059 22 26 0 Speed Hump day stud Rubberized April 2002 Wednesday 1030 23 27 4 Speed Hum 1 50 -day stud Asphalt January 2003 (420- Wednesday 929 23 28 2 Concrete day study) Speed Hump I Survey Location: 435 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Saturday 1280 26 31 12 first stud Rubberized January 2002 (60- Saturday 1161 22 26 6 Speed Hump day stud Rubberized Apri12002 Saturday 1119 22 26 2 Speed Hum 1 50 -day stud Asphalt January 2003 (420- Saturday 838 23 28 4 Concrete day study) Speed Hum Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Monday 843 25 28 3 first stud Rubberized January 2002 (60- Monday 784 23 27 6 Speed Hump day stud Rubberized April 2002 Monday 647 23 27 0 Speed Hum 150 -da stud Asphalt January 2003 (420- Monday 577 21 28 0 Concrete day study) Speed Hump I -2- Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesday 748 24 28 0 first stud Rubberized January 2002 (60- Wednesday 767 23 26 1 Speed Hump da stud Rubberized April 2002 Wednesday 690 25 28 6 Speed Hum 1 50 -day stud Asphalt January 2003 (420- Wednesday 626 22 28 0 Concrete day study) Speed Hump I I Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Saturday 824 24 28 0 first stud Rubberized January 2002 (60- Saturday 720 21 25 3 Speed Hump day stud Rubberized April 2002 Saturday 825 23 27 1 Speed Hum 1 50 -day stud Asphalt January 2003 (420- Saturday 773 21 27 0 Concrete day study) Speed Hum I Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85 th Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Monday 804 24 28 5 first stud Rubberized January 2002 (60- Monday 604 20 24 1 Speed Hum da stud Rubberized April 2002 Monday 615 19 24 0 Speed Hump 150 -da stud Asphalt January 2003 (420- Monday 435 19 27 2 Concrete day study) Speed Hump I -3- Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesday 617 23 26 1 first stud Rubberized January 2002 (60- Wednesday 577 20 24 0 Speed Hump day stud Rubberized April 2002 Wednesday 576 21 24 6 Speed Hump tud Asphalt January 2003 (420- Wednesday 447 20 27 0 Concrete day study) Speed Hump I Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Saturday 662 22 27 1 first stud Rubberized January 2002 (60- Saturday 729 18 23 0 Speed Hump da stud Rubberized April 2002 Saturday 687 20 24 0 Speed Hump tud Asphalt January 2003 (420- Saturday 575 19 26 0 Concrete day study) Speed Hum The general area (Navajo Springs Road and Decorah Road) appeared to see an overall decline in total vehicles and speed since the installation of speed humps. Though the speed numbers have declined (i.e. average speed, 85th percentile, speeds >55 mph), the decline in total vehicles may be due to motorists choosing alternate routes to avoid the speed humps. Furthermore, a survey was sent to the 177 residents at the pilot project study area to solicit their input as part of the study. The following are the results of the survey from 56 responders (32% response turnout): 1. Did the speed humps: a. Reduce the speed of most vehicles. 29 responses b. Reduce the speed of a few vehicles. 22 responses c. No reduction in speed. 2 responses 2. Are the speed humps an effective tool to prevent speeding in residential neighborhoods? a. Yes 48 responses b. No 6 responses 3. Do you feel your neighborhood is abetter place to live since the speed humps were installed? a. Yes 40 responses b. No 12 responses -4- 4. Are you in favor of.• a. Retaining the speed humps 46 responses b. Removing the speed humps 5 responses 5. Would you agree to the installation of a speed hump in front of your home? a. Yes 36 responses b. No 15 responses According to the results, the majority of those residents who did respond to the survey are in favor of the speed humps. General comments were also solicited as part of the survey. For example, some of the comments noted are: - "They are a great way to lower speed through residential areas." - "The speed humps need to be taller. Now, they only slow down drivers that are not used to them." - "There needs to be more speed humps between the stop signs north and south of my address." - "I believe that the speed humps also degrade the neighborhood." Finally, input from the Sheriff's and Fire Departments were also solicited. As previously stated by the Sheriff's Department, they do not have a written policy and do not object to the use of speed humps. However, they do not generally promote their use. Also, they were not able to document any negative affects. At the time of this report, no comments have been received from the Fire Department. However, as previously noted by staff, the Fire Department does not recommend the installation of speed humps but may be allowed under certain circumstances and conditions. CONCLUSION/RECOMMENDATION: It appears the speed humps do slow down traffic if installed and spaced appropriately. They also appear to reduce the volume of traffic. This could be due to traffic diverting to other streets in the area. Most of the residents' responses are in favor of speed humps. While there are benefits of speed humps there are also drawbacks. They include diversion of traffic to other streets, possible increase in noise levels (e.g. vehicle vibration), interference with street sweeping operations, and increased City liability exposure. Taking into consideration the benefits and drawbacks, it is recommended that: 1) Each speed hump request would be reviewed on a case by case basis, based on established criteria and procedures as contained in the approved Speed Hump Policy. 2) Funding and priority be established. Each year the program for installation of speed humps will be reviewed for inclusion in the budget by the City Council as submitted by staff.The City Council may budget a specified amount each fiscal year to be used for installation of speed humps at approved locations based on a priority basis. (The total labor and material cost of the speed humps including signing and striping for the pilot project was approximately $5,000.00. Funding came from the City's road maintenance budget.) Upon removing the moratorium, priority determination for all speed hump installation requests will be established. This will be done by using a -5- systematic formula considering 1) percentage of vehicles exceeding 25 mph and 2) 24- hour traffic volume counts. By multiplying the two factors, streets yielding the highest numerical value in the computation will have the highest priority. PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: July 30, 2003 ATTACHMENTS: Attachment "A" - Speed Hump Policy Attachment "B" - Aerial Map Attachment "C" -Traffic Survey Spreadsheets CITY OF DIAMOND BAR SPEED HUMP POLICY Introduction ATTACHMENT "A" 1.1 Speeding on local residential streets has been one of the most frequently mentioned concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.2 In addition, residents request the installation of some type of traffic control measure, such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in length at the base. They are commonly installed on private roadways and shopping centers but are not recommended for use on public streets. By comparison, a speed hump (see Attachment A, "Speed Hump Standard") is approximately three inches in height and 12 to 14 feet in length at the base and therefore is much gentler in configuration without the "jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.3 In an effort to address these concerns, staff and the Traffic and Transportation Commission have conducted extensive research on how other jurisdictions approach the issue of speeding on residential streets and have formulated this policy based on those findings and the City Council has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residential streets, once all other feasible measures/alternative actions have been taken and have proven ineffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the purpose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the future at its own discretion, based on a determination by the City Council that the action advances, public health, safety or welfare. Criteria for Installation of Speed Humus 3.1 Physical Criteria 1. Classification The street shall be classified a local residential street, as defined by the California Vehicle Code (CVC) Section 40802(b). ATTACHMENT "A" 2. Speed Limit The speed limit for the street shall not be greater than 25 mph. 3. Street Width The paved width of the street shall not exceed 40 feet and there must be curb and gutter or curb on both sides of the street. 4. Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes (one lane in each direction). 5. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 6. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot centerline radius. Speed humps shall not be installed on vertical curves with less than the minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. 7. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopping sight distance of at least 200 feet can not be provided. 8. Length of Street/Block/Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/a of a mile (1,320 feet), including, blocks and cul-de-sacs. 9. Location a) Speed humps shall be placed adjacent to property lines and street lights whenever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. C) Speed humps shall not be placed within 25 feet of a fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or other utility vaults and shall be 25 feet from these facilities whenever possible. 2 ATTACHMENT "A" e) , Speed humps shall not be installed in front of catch basins or drainage structures. 10. Maximum Height Speed humps shall not exceed a maximum height of 3". 11. S acin Speed humps shall be spaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria 1. Traffic Volume Speed humps shall not be installed on streets with a minimum average daily traffic volume (ADT) of less than 500 vehicles per day or with a maximum average daily traffic volume (ADT) of more than 2,500 vehicles per day. 2. Transit Routes Speed humps shall not be installed on streets with established transit routes. 3. Emergency Vehicle Access Speed humps shall not be installed on streets that are defined or used as primary or routine emergency vehicle access routes. 4. Traffic Speeds A traffic engineering study, as determined by the City Engineer, shall be performed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the problem. 5. Neighborhood Support Speed humps shall not be installed on, modified, or removed from, any street unless 67% of the residents express written support of such action as discussed below, or unless in accordance with section 2.3, above. 6. Other Agency Coordination The proposed speed hump installations shall be reviewed by emergency services providers (i.e. Sheriff's Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers, and their input shall be considered in the evaluation process. 3 Exhibit "A" Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. 1. Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all other feasible measures/alternative actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation of speed humps, the requestor will provide the City Engineer with a petition in accordance with the requirements listed below. Any resident may submit a written request for consideration of the modification and/or removal of speed humps. This request shall be accompanied by a petition in accordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal of speed humps shall be made on the City's petition form (see Attachment B). A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Division. Each petition to install, modify or remove a speed hump shall contain signatures representing of at least 67% of the residential properties affected by the proposed action, in favor of that action. Affected residents are those along the affected portion of that street (within 1/4 mile of any speed hump or to the nearest intersection with a street that allows ingress and egress from the neighborhood, whichever is further).Each residence/household will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 6. All petitions to install, modify or remove a speed hump shall contain signatures obtained within six months prior to the submittal date to the City Engineer. 4.2 Upon receipt of the petition, the City Engineer will verify that the petition contains the required number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notified of the petition's failure to meet the requirement. If the petition contains the required number of signatures in favor of the proposed action, a staff report will be prepared and submitted to the Traffic and Transportation Commission for its consideration of the installation, modification or removal of speed humps. 4.3 All affected residents, as well as emergency services providers (i.e. Sheriff's Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers will be notified of the Traffic and Transportation Commission's intent to discuss the feasibility of installing, modifying or removing speed humps on each street being considered. If speed hump installation is being recommended, the notification will also include the proposed ATTACHMENT "A" speed hump installation is being recommended, the notification will also include the proposed locations of the speed humps. Public comments will be solicited and received at the Traffic and Transportation Commission Meeting. 4.4 The Traffic and Transportation Commission's recommendation will be presented to the City Council for approval. 4.5 If the installation, modification or removal of the speed humps is approved by the City Council, all residents on the affected street(s) shall be given notice of the planned action at least three (3) weeks prior to installation. W37 AR / W6 (15) Il A)1 150'+ W37 AR Typical W6 (15) a (For Marking See Below) SECTION A -A SPEED HUMP MARKING 2 5/8' Hump 6' 12' Width for Local Streets SECTION B -B 01 12" CurbFace varies* Taper Black on yellow 6' series 'E" r letters 15 MPH 'If there is no actual gutter use 2' SECTION A -A SPEED HUMP MARKING 2 5/8' Hump 6' 12' Width for Local Streets SECTION B -B 01 30"x30" W37AR BUMPS Warning Sign Black on yellow 6' series 'E" letters 15 MPH W6 (15) Sign Exact sign locations shall be determined by City Engineer ADVANCE SIGNING SPEED HUMP STANDARD CITY OF DIAMOND BAR ATTACHMENT "A" PETITION REQUESTING CONSIDERATION REGARDING SPEED HUMPS It is recommended that you review the City's Speed Hump Policy before signing this petition. We, the undersigned residents of the following street: (Street) hereby petition the City of Diamond Bar to consider the (check one:) ❑ installation, ❑ modification, ❑ removal of speed humps on our street. We understand that the petition must contain signatures of at least 67 percent of those residents along the affected portion of this street and any street that may be affected, as described in the City's Speed Hump Policy. We also understand that the petition must be verified by the City Engineer to confirm that it contains the requisite number of signatures. The City Engineer will inform the residents or neighborhood representative within forty- five (45) calendar days following receipt of the petition whether the petition has the requisite number of signatures for consideration of the requested action. By signing this petition, I agree to not oppose the requested action relating to speed humps in front of, or adjacent to, my residence. 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Device Vehicles Speed NONE November 2001 Wednesday 1030 first stud 27 4 Overall Overall 85 Overall Total Percentile Vehicles >55 mph 1143 26 31 Rubberized January 2002 (60- Wednesday 1059 22 26 0 Speed Hump day study) Rubberized Apri12002 Wednesday 1030 23 27 4 Speed Hump 50 -day study) Asphalt January 2003(420- Wednesday 929 23 28 2 Concrete day study) Seed Hump I Survey Location: 435 Navajo Springs Road Traff is Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Saturday 1280 26 31 12 first stud Rubberized January 2002(60- Saturday 1161 22 26 6 Speed Hump day study) Rubberized April 2002 Saturday 1119 22 26 2 Speed Hump 50 -day study) Asphalt January 2003(420- Saturday 838 23 28 4 Concrete day study) Seed Hump I Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traff is Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Monday 843 25 28 3 first stud Rubberized January 2002 (60- Monday 784 23 27 Speed Hump day study) Rubberized Apri12002 Monday 647 23 27 Speed Hump 50 -day study) Asphalt January 2003 (420- Monday 577 21 28 Concrete day study) Seed Hump I 2 Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Calming Study Week Total Avg. Device Vehicles Speed NONE November 2001 Wednesday 748 24 first stud Rubberized January 2002 (60- Wednesday 767 23 Speed Hump day study) Rubberized April 2002 Wednesday 690 25 Speed Hump 1 50 -da study) Asphalt January 2003 (420- Wednesday 626 22 Concrete day study) Speed Hum Survey Location: 23502 Decorah Road/209 Navajo Springs Road Traffic Month & Year of Day of Overall Overall Calming Study Week Total Avg. Device Vehicles Speed NONE November 2001 Saturday 824 24 first stud Rubberized January 2002 (60- Saturday 720 21 Speed Hump day study) Rubberized April 2002 Saturday 825 23 Speed Hump 50 -day study) Asphalt January 2003 (420- Saturday 773 21 Concrete day study) Speed Hump I Survey Location: 23635 Decorah Road Overall 85 Overall Total Percentile Vehicles >55 mph 28 0 26 1 28 6 28 0 Overall 85 Overall Total Percentile Vehicles >55 mph 28 0 25 3 27 1 27 0 Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Monday 804 24 28 5 first stud Rubberized January 2002 (60- Monday 604 20 24 1 Speed Hump day study) Rubberized Apri12002 Monday 615 19 24 0 Speed Hump 50 -day study) Asphalt January 2003 (420- Monday 435 19 27 2 Concrete day study) Seed Hump I 3 Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Wednesday 617 23 26 1 first stud Rubberized January 2002(60- Wednesday 577 20 24 0 Speed Hump day study) Rubberized April 2002 Wednesday 576 21 24 6 Speed Hump 50 -day study) Asphalt January 2003(420- Wednesday 447 20 27 0 Concrete day study) Seed Hump I Survey Location: 23635 Decorah Road Traffic Month & Year of Day of Overall Overall Overall 85 Overall Total Calming Study Week Total Avg. Percentile Vehicles >55 Device Vehicles Speed mph NONE November 2001 Saturday 662 22 27 1 first stud Rubberized January 2002(60- Saturday 729 18 23 0 Speed Hump day study) Rubberized April 2002 Saturday 687 20 24 0 Speed Hump 50 -day study) Asphalt January 2003(420- Saturday 575 19 26 0 Concrete day study) Seed Hump The general area (Navajo Springs Road and Decorah Road) appeared to see an overall decline in total vehicles and speed since the installation of speed humps. Though the speed numbers have declined (i.e. average speed, 85th percentile, speeds >55 mph), the decline in total vehicles may be due to motorists choosing alternate routes to avoid the speed humps. Furthermore, a survey was sent to the 177 residents at the pilot project study area to solicit their input as part of the study. The following are the results of the survey from 56 responders (32% response turnout): 1. Did the speed humps: a. Reduce the speed of most vehicles. 29 responses b. Reduce the speed of a few vehicles. 22 responses c. No reduction in speed. 2 responses 2. Are the speed humps an effective tool to prevent speeding in residential neighborhoods? a. Yes 48 responses b. No 6 responses 3. Do you feel your neighborhood is a better place to live since the speed humps were installed? a. Yes 40 responses b. No 12 responses -4 4. Are you in favor of.* a. Retaining the speed humps b. Removing the speed humps 46 responses 5 responses 5. Would you agree to the installation of a speed hump in front of your home? a. Yes 36 responses b. No 15 responses According to the results, the majority of those residents who did respond to the survey are in favor of the speed humps. General comments were also solicited as part of the survey. For example, some of the comments noted are: "They are a great way to lower speed through residential areas." "The speed humps need to be taller. Now, they only slow down drivers that are not used to them." "There needs to be more speed humps between the stop signs north and south of my address." "I believe that the speed humps also degrade the neighborhood." Finally, input from the Sheriff's and Fire Departments were also solicited. As previously stated by the Sheriff's Department, they do not have a written policy and do not object to the use of speed humps. However, they do not generally promote their use. Also, they were not able to document any negative affects. At the time of this report, no comments have been received from the Fire Department. However, as previously noted by staff, the Fire Department does not recommend the installation of speed humps but may be allowed under certain circumstances and conditions. CONCLUSION/RECOMMENDATION: It appears the speed humps do slow down traffic if installed and spaced appropriately. They also appear to reduce the volume of traffic. This could be due to traffic diverting to other streets in the area. Most of the residents' responses are in favor of speed humps. While there are benefits of speed humps there are also drawbacks. They include diversion of traffic to other streets, possible increase in noise levels (e.g. vehicle vibration), interference with street sweeping operations, and increased City liability exposure. Taking into consideration the benefits and drawbacks, it is recommended that: 1) Each speed hump request would be reviewed on a case by case basis, based on established criteria and procedures as contained in the approved Speed Hump Policy. 2) Funding and priority be established. systematic formula considering 1) percentage of vehicles exceeding 25 mph and 2) 24- hour traffic volume counts. By multiplying the two factors, streets yielding the highest numerical value in the computation will have the highest priority. PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: July 30, 2003 ATTACHMENTS: Attachment "A" - Speed Hump Policy Attachment "B" - Aerial Map Attachment "C" -Traffic Survey Spreadsheets ATTACHMENT "A" CITY OF DIAMOND BAR SPEED HUMP POLICY Introduction 1.1 Speeding on local residential streets has been one of the most frequently mentioned concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.2 In addition, residents request the installation of some type of traffic control measure, such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in length at the base. They are commonly installed on private roadways and shopping centers but are not recommended for use on public streets. By comparison, a speed hump (see Attachment A, "Speed Hump Standard") is approximately three inches in height and 12 to 14 feet in length at the base and therefore is much gentler in configuration without the "jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.3 In an effort to address these concerns, staff and the Traffic and Transportation Commission have conducted extensive research on how other jurisdictions approach the issue of speeding on residential streets and have formulated this policy based on those findings and the City Council has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residential streets, once all other feasible measures/alternative actions have been taken and have proven ineffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the purpose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the future at its own discretion, based on a determination by the City Council that the action advances, public health, safety or welfare. Criteria for Installation of Speed Humps 3.1 Physical Criteria 1. Classification The street shall be classified a local residential street, as defined by the California Vehicle Code (CVC) Section 40802(b). 1 ATTACHMENT "A" 2. Speed Limit The speed limit for the street shall not be greater than 25 mph. 3. Street Width The paved width of the street shall not exceed 40 feet and there must be curb and gutter or curb on both sides of the street. 4. Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes (one lane in each direction). 5. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 6. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot centerline radius. Speed humps shall not be installed on vertical curves with less than the minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. 7. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopping sight distance of at least 200 feet can not be provided. 8. Length of Street/Block/Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/a of a mile (1,320 feet), including, blocks and cul-de-sacs. 9. Location a) Speed humps shall be placed adjacent to property lines and street lights whenever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. c) Speed humps shall not be placed within 25 feet of a fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or other utility vaults and shall be 25 feet from these facilities whenever possible. 2 ATTACHMENT "A" e) ; Speed humps shall not be installed in front of catch basins or drainage structures. 10. Maximum Height Speed humps shall not exceed a maximum height of 3". 11. Spacing Speed humps shall be spaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria 1. Traffic Volume Speed humps shall not be installed on streets with a minimum average daily traffic volume (ADT) of less than 500 vehicles per day or with a maximum average daily traffic volume (ADT) of more than 2,500 vehicles per day. 2. Transit Routes Speed humps shall not be installed on streets with established transit routes. 3. Emergency Vehicle Access Speed humps shall not be installed on streets that are defined or used as primary or routine emergency vehicle access routes. 4. Traffic Speeds A traffic engineering study, as determined by the City Engineer, shall be performed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the problem. 5. Neighborhood Support Speed humps shall not be installed on, modified, or removed from, any street unless 67% of the residents express written support of such action as discussed below, or unless in accordance with section 2.3, above. 6. Other Agency Coordination The proposed speed hump installations shall be reviewed by emergency services providers (i.e. Sheriffs Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers, and their input shall be considered in the evaluation process. 3 Exhibit "A" Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. 1 Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all other feasible measures/alternative actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation of speed humps, the requestor will provide the City Engineer with a petition in accordance with the requirements listed below. 3. Any resident may submit a written request for consideration of the modification and/or removal of speed humps. This request shall be accompanied by a petition in accordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal of speed humps shall be made on the City's petition form (see Attachment B). A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Division. 5. Each petition to install, modify or remove a speed hump shall contain signatures representing of at least 67% of the residential properties affected by the proposed action, in favor of that action. Affected residents are those along the affected portion of that street (within 1/4 mile of any speed hump or to the nearest intersection with a street that allows ingress and egress from the neighborhood, whichever is further).Each residence/ household will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 6. All petitions to install, modify or remove a speed hump shall contain signatures obtained within six months prior to the submittal date to the City Engineer. 4.2 Upon receipt of the petition, the City Engineer will verify that the petition contains the required number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notified of the petition's failure to meet the requirement. If the petition contains the required number of signatures in favor of the proposed action, a staff report will be prepared and submitted to the Traffic and Transportation Commission for its consideration of the installation, modification or removal of speed humps. 4.3 All affected residents, as well as emergency services providers (i.e. Sheriffs Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers will be notified of the Traffic and Transportation Commission's intent to discuss the feasibility of installing, modifying or removing speed humps on each street being considered. If speed hump installation is being recommended, the notification will also include the proposed 4 ATTACHMENT "A" speed hump installation is being recommended, the notification will also include the proposed locations of the speed humps. Public comments will be solicited and received at the Traffic and Transportation Commission Meeting. 4.4 The Traffic and Transportation Commission's recommendation will be presented to the City Council for approval. 4.5 If the installation, modification or removal of the speed humps is approved by the City Council, all residents on the affected street(s) shall be given notice of the planned action at least three (3) weeks prior to installation. 5 SPEED HUMP STANDARD ATTAC - A F NT "A" 30'x30" W37AR Warning Sign Black on yellow 6' series 'E' letters Exact sign locations shall be determined by City Engineer ATTACHMENT "A" PETITION REQUESTING CONSIDERATION REGARDING SPEED HUMPS It is recommended that you review the City's Speed Hump Policy before signing this petition. We, the undersigned residents of the following street: (Street) hereby petition the City of Diamond Bar to consider the (check one: ^ installation, ^ modification, ^ removal of speed humps on our street. We understand that the petition must contain signatures of at least 67 percent of those residents along the affected portion of this street and any street that may be affected, as described in the City's Speed Hump Policy. We also understand that the petition must be verified by the City Engineer to confirm that it contains the requisite number of signatures. The City Engineer will inform the residents or neighborhood representative within forty- five (45) calendar days following receipt of the petition whether the petition has the requisite number of signatures for consideration of the requested action. By signing this petition, I agree to not oppose the requested action relating to speed humps in front of, or adjacent to, my residence. Neighborhood Representative: Name (Last, First)* Signature Address Day Phone *Please print and date Petitioners: Name (Last, First)* Signature Address Day Phone *Please print and date ATTACHMENT "A" PETITION REQUESTING CONSIDERATION REGARDING SPEED HUMPS (Street) Neighborhood Representative: Name (Last, First)* Signature Address Day Phone *Please print and date Petitioners: Name (Last, First)* Signature Address Day Phone *Please print and date TRAFFIC CALMING DEVICE TRAFFIC SURVEY ATTACHMENT "C" Survey Location: 435 Navajo Springs Road Segment: S/0 Sunset Crossing Road Traffic Calming Device: NONE Month & Year of Study: November 2001 (first study) Day of Week Overall Total Total SB Total N/B Overall Avg. S/B Avg. N/B Avg. Overall 85th Overall Total S/B Vehicles N/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile >55 >55 mph >55 mph mph Sunday 1145 546 599 29 27 30 32 29 34 28 10 18 Monday 1452 644 788 29 27 31 33 30 35 40931 Tuesday 1127 518 609 27 25 28 31 30 32 2 1 1 Wednesday 1143 523 620 26 24 27 31 29 27 3 0 3 Thursday 1261 609 652 27 26 29 32 31 33 1129 Friday 1385 615 770 27 25 28 32 30 33 12 3 9 S/B 85th N/B 85th Vehicles Saturday 1280 588 692 26 24 28 31 29 32 122 10 Survey Location: 435 Navajo Springs Road Segment: S/0 Sunset Crossing Road Traffic Calming Device: Rubberized Portable Speed Hump Month & Year of Study: January 2002 (60 -day study) Day of Week Overall Total Total S/B Total N/B Overall Avg. S/B Avg. N/B Avg. Overall 85th S/B 85th N/B 85th Overall Total S/B Vehicles N/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph Sunday 889 397 492 22 22 23 27 27 27 6 1 5 Monday 1019 457 562 23 22 23 27 27 27 844 Tuesday 1013 455 558 22 21 23 26 26 26 404 Wednesday 1059 480 579 22 22 23 26 27 26 0 0 0 Thursday 1020 469 551 23 22 23 27 27 27 2 0 2 Friday 1073 490 583 2322 24 27 27 27 7 16 Saturday 1161 540 621 22 20 23 26 25 26 606 1 Updated: April 2003 TRAFFIC CALMING DEVICE TRAFFIC SURVEY Survey Location: 435 Navajo Springs Road Segment: S/0 Sunset Crossing Road Traffic Calming Device: Rubberized Portable Speed Hump Month & Year of Study: April 2002 (150 -day study) ATTACHMENT "C" Day of Week Overall Total Total S/B Total N/B Overall Avg. SIB Avg. N/B Avg. Overall 85th S/B 85th N/B 85th Overall Total S/B Vehicles NB Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph Sunday 939 431 Monday 1091 514 Tuesday 1044 478 Wednesday 1030 452 Thursday 1098 520 Friday 1156 508 Saturday 1119 507 508 577 566 578 578 648 612 22 23 24 23 23 21 22 22 23 24 23 23 21 22 22 22 23 23 23 22 22 27 27 28 27 28 26 26 28 28 28 28 28 26 27 27 26 27 27 27 26 26 1 3 9 4 15 3 2 0 2 5 0 7 0 1 4 4 8 3 Survey Location: 441 Navajo Springs Road* (*deviated from original study location, i.e. 435 Navajo Springs Road, due to resident comlaint) Segment: S/0 Sunset Crossing Road Traffic Calming Device: Asphalt Concrete Permanent Speed Hump Month & Year of Study: January 2003 (420 -day study) Day of Week Overall Total Total S/B Total N/B Overall Avg. S/B Avg. N/B Avg. Overall 85th S/B 85th N/B 85th Overall Total S/B Vehicles N/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph Sunday 886 423 463 23 28 28 28 28 28 1 0 1 Monday 944 435 509 23 28 27 27 28 27 3 0 3 Tuesday 885 420 465 24 29 29 29 29 29 9 1 8 Wednesday 929 444 485 23 28 28 28 28 28 2 1 1 Thursday 975 467 508 23 27 28 28 27 28 2 0 2 Friday 1000 475 525 24 28 29 29 Saturday 838 389 449 23 27 29 28 2 Updated: April 2003 TRAFFIC CALMING DEVICE TRAFFIC SURVEY ATTACHMENT "C" Survey Location: 23502 Decorah Road/209 Navajo Springs Road Segment: W/O N. Platina Drive Traffic Calming Device: NONE Month & Year of Study: November 2001 (first study) Day of Week Overall Total Total W/B Total E/B Overall Avg. WB Avg. E/B 85th Overall Total W/B Vehicles E/B Vehicles Month & Year of Study: January 2002 (60 -day study) Vehicles Vehicles Vehicles Speed Speed Speed Percentile >55 >55 mph >55 mph Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph mph Sunday 840 361 479 25 25 24 28 28 28 Monday 843 372 471 2526 24 28 31 28 Tuesday 725 309 416 24 25 23 27 28 26 Wednesday 748 341 407 24 25 23 28 28 27 Thursday 807 387 420 24 25 24 28 28 27 Friday 853 361 492 24 25 23 28 28 27 Saturday 824 348 476 24 24 23 28 28 28 Survey Location: ATTACHMENT "C" 23502 Decorah Road/209 Navajo Springs Road Vehicles E/B Vehicles Segment: W/O N. Platina Drive Traffic Calming Device: 28 29 3 2 1 27 29 4 2 2 E/B Avg. Overall 85th W/B 85th Percentile Percentile Vehicles 21 32 000 000 303 000 000 Rubberized Portable Speed Hump Month & Year of Study: January 2002 (60 -day study) Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg. E/B Avg. Overall 85th W/B 85th E/B 85th Overall Total W/B Vehicles E/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph Sunday 720 309 411 23 23 22 27 27 27 1 0 1 Monday 784 350 434 23 24 23 27 27 28 6 4 2 Tuesday 789 348 441 22 22 22 26 26 26 10 1 Wednesday 767 343 446 23 23 23 26 26 26 10 1 Thursday 780 341 426 24 23 24 27 27 27 404 Friday 949 348 432 23 23 24 27 27 27 2 1 1 Saturday 720 444 505 21 21 22 25 24 26 3 0 3 3 Updated: April 2003 TRAFFIC CALMING DEVICE TRAFFIC SURVEY Survey Location: 23502 Decorah Road/209 Navajo Springs Road Segment: W/O N. Platina Drive Traffic Calming Device: Rubberized Portable Speed Hump Month & Year of Study: April 2002 (150 -day study) ATTACHMENT "C" Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg. EIB Avg. Overall 85th W/B 85th E/B 85th Overall Total W/B Vehicles E/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph mph Sunday 556 302 254 24 22 26 28 27 28 303 Monday 647 358 289 23 22 23 27 26 28 000 Tuesday 634 342 292 24 23 25 27 26 28 32 Wednesday 690 314 376 25 23 26 28 27 28 624 Thursday 688 345 343 2524 27 28 27 28 826 Friday 766 344 422 24 22 25 28 26 30 0 Saturday 825 392 333 23 22 25 27 26 28 Survey Location: 23502 Decorah Road/209 Navajo Springs Road Segment: W/O N. Platina Drive Traffic Calming Device: Asphalt Concrete Speed Hump Month & Year of Study: January 03 (420 -day study) Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg E/B 85th Overall Total W/B Vehicles E/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile >55 >55 mph >55 mph 0 E/B Avg. Overall 85th W/B 85th Percentile Percentile Vehicles 000 000 mph Sunday 556 281 275 20 21 20 28 28 27 0 0 0 Monday 577 294 283 2122 21 28 28 27 0 0 0 Tuesday 622 323 299 22 22 22 28 28 28 0 0 0 Wednesday 626 327 299 22 22 22 28 28 28 Thursday 615 329 286 22 23 22 28 28 28 Friday 675 362 313 2223 22 28 28 28 0 0 0 Saturday 773 413 360 2122 20 27 28 26 0 0 0 4 Updated: April 2003 000 000 TRAFFIC CALMING DEVICE TRAFFIC SURVEY ATTACHMENT "C" Survey Location: 23635 Decorah Road Segment: W/O N. Plating Drive Traffic Calming Device: NONE Month & Year of Study: November 2001 (first study) 0 0 0 Day of Week Overall Total Total W/B Total E/B Overall Avg. E/B 85th Overall Total W/B Vehicles E/B Vehicles 0 0 0 Vehicles Vehicles Vehicles Speed Speed Speed Percentile >55 >55 mph >55 mph Speed Percentile >55 >55 mph >55 mph Sunday 674 262 412 23 24 23 28 Monday 804 343 461 24 25 23 28 Tuesday 624 241 338 22 23 22 26 Wednesday 617 239 378 23 24 22 26 Thursday 730 331 417 23 23 22 27 Friday 754 283 471 23 24 22 28 Saturday 662 231 431 22 23 22 27 Survey Location: TRAFFIC CALMING DEVICE 23635 Decorah Road ATTACHMENT "C" Segment: W/O N. Plating Drive Traffic Calming Device: Rubberized Portable Speed Hump 0 0 0 28 27 Month & Year of Study: January 2002 (60 -day study) 0 0 0 Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg. E/B 85th Overall Total W/B Vehicles E/B Vehicles 2 2 0 Vehicles Vehicles Vehicles Speed Speed Speed Percentile >55 >55 mph >55 mph Sunday 529 230 299 20 20 19 23 Monday 604 277 327 20 20 19 24 Tuesday 583 262 321 19 20 18 23 Wednesday 577 257 320 20 21 20 24 Thursday 565 253 312 20 21 20 24 Friday 604 274 330 20 20 20 24 Saturday 729 347 382 18 18 18 23 5 Updated: April 2003 TRAFFIC CALMING DEVICE TRAFFIC SURVEY ATTACHMENT "C" Survey Location: 23635 Decorah Road Segment: W/O N. Platina Drive Traffic Calming Device: Rubberized Portable Speed Hump WB Avg. E/B Avg. Overall 85th W/B 85th Percentile Percentile Vehicles mph 28 27 0 0 0 28 27 54 1 27 26 0 0 0 27 26 1 10 27 27 2 2 0 28 27 0 0 0 28 27 1 10 E/B Avg. Overall 85th W/B 85th Percentile Percentile Vehicles mph 24 23 000 24 24 1 10 24 23 000 24 24 0 0 0 24 24 0 0 0 24 24 1 0 1 23 23 0 0 0 Month & Year of Study: April 2002 (150 -day study) Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg. E/B Avg. Overall 85th W/B 85th E/B 85th Overall Total W/B Vehicles E/B Vehicles Vehicles Vehicles Vehicles Speed Speed Speed Percentile Percentile Percentile Vehicles >55 >55 mph >55 mph Sunday 504 223 281 20 Monday 615 281 334 19 Tuesday 573 245 328 20 Wednesday 576 247 329 21 Thursday 573 260 313 20 Friday 602 246 356 20 Saturday 687 300 387 20 Survey Location: 23635 Decorah Road Segment: W/O N. Plating Drive Traffic Calming Device: Asphalt Concrete Speed Hump 0 0 0 mph Month & Year of Study: January 2003 (420 -day study) 27 27 19 21 24 24 24 101 20 19 24 24 24 0 0 0 20 20 24 24 25 110 21 20 24 24 25 6 3 3 20 21 27 24 27 211 20 19 24 24 24 0 0 0 19 20 24 24 25 0 0 0 Asphalt Concrete Speed Hump 0 0 0 27 26 Month & Year of Study: January 2003 (420 -day study) 27 27 Day of Week Overall Total Total W/B Total E/B Overall Avg. W/B Avg. E/B 85th Overall Total W/B Vehicles E/B Vehicles 27 27 Vehicles Vehicles Vehicles Speed Speed Speed Percentile >55 >55 mph >55 mph 0 0 0 Sunday 431 224 207 20 19 19 27 Monday 435 225 210 19 20 19 27 Tuesday 463 251 21220 20 21 27 Wednesday 447 244 203 20 20 19 27 Thursday 455 251 20421 21 20 27 Friday 534 296 238 20 20 19 26 Saturday 575 313 262 19 19 19 26 6 Updated: April 2003 E/B Avg. Overall 85th W/B 85th Percentile Percentile Vehicles mph 27 27 0 0 0 27 26 2 1 1 27 27 0 0 0 27 26 0 0 0 27 27 0 0 0 27 26 0 0 0 27 26 0 0 0 STUDY SESSION Tuesday, August 5, 2003 PROPOSED FACILITY USE POLICIES AND FEES For The Community/Senior Center Study Session Staff Report TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: DISCUSSION OF THE PROPOSED FACILITY USE POLICY AND FEE SCHEDULE FOR THE COMMUNITY/ SENIOR CENTER. RECOMMENDATION: Consider the draft of the proposed Facility Use Policy and the Fee Schedule for the Community/ Senior Center and direct staff to prepare final versions to be placed on a future City Council agenda. BACKGROUND: When the construction is completed, the Community/Senior Center will be a 22,000 square foot facility which will consist of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. The purpose of the Facility Use Policy and the associated Fee Schedule is to ensure that the Community/Senior Center is utilized to best serve the residents of the City of Diamond Bar. It is also 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. DISCUSSION: Staff and an ad-hoc committee of the Parks and Recreation Commission researched similar policies and fee structures of nine (9) Southern California cities to assist in the development of the proposed Facility Use Policy and Fee Schedule for the Community/ Senior Center. The nine cities participating in the review were: 1) City of Anaheim 2) City of Arcadia 3) City of Brea 4) City of Chino Hills 5) City of Fullerton 6) City of Pico Rivera 7) City of Signal Hill 8) City of Walnut 9) City ofYorba Linda Further, consideration was given to the anticipated use of the facility for City programs and events, senior groups' events and activities, local governmental agency's events and activities, local non-profit service organization's events and activities, Diamond Bar resident private events, non-resident private events, and corporate events when developin g the recommended policies and proposed fees. Additionally, previously adopted policies, such as the provision of insurance documentation, variance and grievance procedures, etc. were included in the proposed Facility Use Policy. The attached proposed Facility Use Policies document and Fee Schedule document were reviewed and recommended to the City Council by the Parks and Recreation Commission attheir regular meeting of July 24, 2003. ATTACHMENTS: 1) Draft copy of the proposed Facility Use Policy 2) Draft copy of the proposed Fee Schedule PREPARED BY: Kim Crews, Senior Management Analyst REVIEWED BY: Bob Rose James DeStefano Director of Community Services Deputy City Manager City of Diamond Bar Community/Senior Center Facility Use Policy The City of Diamond Bar Community/Senior Center is a 22,000 square foot facility which consists of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. All facilities are available for use in accordance with the following regulations under the administration of the Community Services Division. PURPOSE OF THE USE POLICY The purpose of this use policy is to assure that the Community/Senior 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 and to reduce its impact on the tax -paying residents of the City. City facilities are not intended to be used for personal and/or private gain. DEFINITION OF TERMS "Center Director" is interpreted as the administrative head of the Community/Senior Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. "City" means the City of Diamond Bar, its officials, representatives, agents, and employees. "User" means an individual or group, which obtains a permit to use the Community/Senior Center pursuant to the terms of this Use Policy. "Applicant" means an individual or group, whic h completes a City of Diamond Bar Facility Use Application to use the Community/Senior Center pursuant to the terms of this Use Policy. APPLICATION PROCEDURES All applicants must complete a City of Diamond Bar Facility Use Application and pay all applicable fees at the time of submitting the application. Groups shall be classified as outlined in the group priority rating section located on pages 6and 7. Use will be approved or denied based on availability and any other factors outlined in this Use Policy. Applicants shall not transfer, assign, or sublet use of the Center or apply for use on behalf of another organization or applicant. Applications shall be accompanied by proof of liability insurance consistent with the provisions of this Use Policy, a refundable clean ing deposit, and fees per the attached fee schedule. BANQUET FACILITIES 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. 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. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. 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 60 days prior to the event. 3. Cancellations Groups D-1, D-2 and E reserving the banquet facility shall adhere to the following cancellation policy: a. Reservations cancelled 120 days or more prior to the event will receive a refund of fees minus a $100 processing fee. b. Reservations cancelled 30-119 days prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. c. 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. Notwithstanding the above, if the applicant/user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation upon notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. Group C (Non-profit groups) reserving the banquet facility shall adhere to the following cancellation policy: a. For non -weekend use, if cancellation is received more than 120 days in advance group will receive a full refund minus a $10 administration fee. If cancellation is received less than 120 days there will be a $100 cancellation fee. If the cancellation is received 30 days or less, the reservation/ cancellation will count as one of the group's allotted uses. b. For weekend use, cancellation shall comply with the general cancellation policy as stated in this Use Policy. c. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use. 4. Regular Use by Group C Organizations Non-profit organizations in this classification are allowed two (2) uses of banquet facilities per calendar year. These uses apply Monday -Friday only and the group shall pay only applicable operation fee for each use. After the allocated uses, Group C users in this classification will be charged prevailing weekday rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. 5. Refunds Security and cleaning deposits shall be refunded if proper cleanup is completed and no breakage or damage has occurred. Proper cleanup will be determined by the City of Diamond Bar Community/Senior Center staff. 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. The refund is mailed two (2) to four (4) weeks after the event. MEETING ROOMS, GAME ROOMS, ACTIVITY ROOMS 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staffmg 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 ti me of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. Rental fees less than $500 require a minimu in deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due 60 days prior to the event. 3. Cancellations Groups D-1, D-2 and E reserving meeting rooms shall adhere to the following cancellation policy: a. Reservations cancelled 60 days or more prior to the event will receive a refund of fees minus a $50 processing fee. b. Reservations cancelled 59-30 days prior to the event will receive a 50% refund of the rental fees and a full refund of the cleaning deposit. c. Reservations cancelled 29 days or less prior to the event will receive no refund of rental fees and a full refund of the cleaning deposit. d. If cancellation is made by the City, notice shall be given as far in advance as possible and a full refund shall be made. Every effort will be made to find a suitable alternative facility if a cancellation by the City is necessary. e. Notwithstanding the above, if the applican t/ user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Community Services Director or his/her designee, may cancel the reservation upon notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. 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 uses. If less than 30 days notice is given, group will receive no refund and this will count toward one of their allotted uses. b. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use. 4. Regular Use by Group C Organizations 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. After the allocated uses, Group C users in this classification will be charged prevailing weekday & weekend rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. Reservations must be made in writing by completing a Facility Use Application and meeting all of the application requirements set forth in this Use Policy. Reservations may be made as follows: Group A: as deemed necessary. Group B: Up to fifteen (15) months in advance. Group C: Up to fifteen (15) months in advan ce. Groups Dl & D2: Up to fifteen (15) months in advance. Group E: Up to twelve (12) months in advance. All rentals shall be made in one hour increments and the minimum rental period is two hours. Denial of Applications may be made by the Community Services Division on the basis of the following reasons: 1. That the Center is incapable of accommodating the proposed activity by reason of the nature of the activity or by the reason of the number of people estimated to be in attendance. 2. That the user has failed to agree to provide a reasonable means of controlling participants involved in the activity as provided in the term and conditions in the facility use application. The City reserves the right to deny any applicant based on security concerns and/or safety concerns. 3. That the applicant has failed to agree to comply with all the conditions on the application. 4. That by the nature of the activity, the Center or its equipment may be endangered. 5. That conditions for the issuance of a facility use permit have not been met. The Director may attach such conditions to the permit as she/he may determine necessary for the protection of public welfare and the Center facility. 6. That any law or regulation is violated by an intended use. 7. That another event is already scheduled for the requested date. 8. That the applicant previously used the facility, and, due to lack of cleaning or damage, did not receive all of their cleaning deposit back. GROUP PRIORITY RATING Any individual or group utilizing the facilities at the Diamond Bar Community/Senior Center will be classified in one of the following priority groups. These classifications are necessary to establish 1) priority of use, 2) applicability of a fee, and 3) amount of the fee, if any. These priority groups are defined as follows with use granted on a priority basis with Group A receiving the first priority and Group E the last priority. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar. GROUP B- Activities conducted by the City recognized Senior citizen membership groups. GROUP C- 1. Activities conducted by Governmental agencies, whose primary purpose is to provide general benefit to the Diamond Bar community. (Examples: Local school districts, County of Los Angeles agencies, etc.) 2. Activities conducted by Local non-profit service organizations. To qualify as a non- profit resident organization, the organizati on shall have a minimum of 60% Diamond Bar residents or 60% with Diamond Bar business addresses. A membership roster and the non profit tax exemption number shall be submitted on a yearly basis as a condition of any organization receiving classification in this group. (Examples: Boy Scouts, Girl Scouts, Little League, Rotary Club.) GROUP D-1- Private events conducted by Diamond Bar residents. GROUP D-2- Activities conducted by Diamond Bar resident groups, organizations and businesses, which are not eligible under Group C definitions. 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.) 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. All of user's insurance shall: 1. Name the City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City personnel") as additional or co -insureds. 2. Contain no special limitations on the scope of protection afforded to City and City personnel. 3. Be the primary insurance and any insurance or self-insurance maintained by City or City personnel shall be in excess ofthe user's insurance and shall not contribute with it. 4. Shall be "date of occurrence" rather than "claims made" insurance. 5. Shall apply separately to each insured against the limits of the insurer's liability 6. 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 VIII or better, unless such rating qualifications are waived by the Risk Manager due to unique circumstances. 7. The applicant's policy must include a 30 -day written cancellation notice. The City of Diamond Bar and its officers, officials, employees, agents, representatives, and volunteers ("City and City Personnel") shall be named as additionally insured with regard to the use of City of Diamond Bar property by the applicant and solely in regard to the use of property owned by the City of Diamond Bar. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, can provide proper Tenant/User insurance coverage. 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 greater. If a certificate is not on file by this date, insurance fees will be added to the final payment. Insurance Certificate The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: Wording must read exactly, with no exceptions accepted: "Additional Insured: City of Diamond Bar, its officials, employees, and agents." 2. Additional insured endorsements must accompany the Certificate of Insurance and indicate policy number, date, and name of insurance company and name of "insured". 3. Certificate must be an original. No copies will be accepted. 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. GENERAL OPERATING REGULATIONS The Use and Service of Alcohol- The use of alcohol in the Diamond Bar Community/ Senior Center is by written permission in advance and must comply with applicable law. 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 agreement for any event. "Alcohol use" refers to any beverage that contains any amount of alcohol. 2. 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 Sheriffs Department may waive security for Group A events. The Sheriffs 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 Sheriffs department and/or security firm. 3. Alcohol may 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, which have been paid. 4. 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. 5. 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. 6. Alcohol may neither be served nor sold prior to the scheduled start of the event nor until the County of Los Angeles Sheriffs Department Deputies or approved security officers arrive at the Center unless the requirement for security has been waived all together. 7. 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. 8. 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 Sheriffs Department. 9. License (when alcohol is to be sold) a. No sales or requests for donations for alcohol are permitted without a license from the State Alcoholic Beverage Control Board (A.B.C.) b. A copy of your Community/Senior Center contract must be furnished to A.B.C. when applying for this license. C. 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. d. 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. e. Non -Profit Organizatio ns: 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. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non -Profit organization, cannot sell alcohol on their own. If a private party wants to sell alcohol, they need to 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. 10. The service of alcohol at any event is limited to a maximum of five (5) hours. 11. 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. 12. Wine, punch, beer, champagne and spirits must be served out of cups, glasses, or cans. 13. 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. 14. Security service must be present through the clean up hour Hours of operation are limited to Sunday through Thursday 7:30am — 11: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 6:OOam on Saturday and ending at 1:OOam on Monday. Any reserved time that falls between this period of time shall be considered a weekend and will be charged weekend rates. 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. 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. 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. Illegal Activities shall not be permitted. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Profane language, fighting, gambling, or lewd conduct shall not be permitted. 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. 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. 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. Changes, Alterations, Repairs, or Defacement to any part of the facility, its furnishings, or equipment thereof will not be permitted. The user shall be held liable for expenses required to repair or replace the facility, its furnishing, or equipment to its original condition. Minimum group attendance to request a meeting room is five (5) people. The estimated attendance will be used to determin a appropriate room placement. The Center Director has the authority to determine appropriate room placement based on attendance and nature of event. Sleeping or lodging is not permitted in the Center. 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. 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 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. Food & 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. 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 Diamond Bar Community/Seni or Center. Events where the majority of the participants are minors may be required to have security guards present during the event and cleanup. Revocation for Violation- Reservations may be cancelled at any time by the Center Director if there has been a violation of approved Rules and Regulations. 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. 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. Parldng Lot- The use of the parking lot is to service the Community/Senior Center facility. Exceptions may be issued at the discretion of the Center Director. Requests to use the parking lot will be considered under "events not covered" for appropriate use, fees, and service. Events Not Covered- Special events or requests not covered in the above policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. 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. 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 ingress and egress. During use of the Center, all exit doors shall be unlocked and shall not be blocked in any manner. VARIANCES AND GRIEVANCES A user may request a variance or submit a grievance regarding the stated procedures or operation of the facility by completing the following: Variance — Variances will be considered under the following circumstances: a. Relief from insurance requirements when planned attendance is less than 25 people and the event consists of a meeting utilizing facility tables and chairs only. b. Hours of use beyond closing times stated in this document. c. 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. d. Relief from deadlines for Category Groups B and C if such relief can be demonstrated to be in the best interest of the community. e. Additional regular group and/or weekend use by Category Group C organizations if such use can be demonstrated to be in the best interest of the community. f. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls, if such use can be demonstrated to be in the best interest of the community. g. 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. Note: Request for waiver of fees or fee discounts will not be accepted nor considered. Variance Request Procedures: 1. Submit a letter detailing the reason(s) a variance is requested to the Center Director. 2. Appropriate staff member(s) will review the letter and respond in writing with decision within seven (7) work days. 3. If staff decides not to grant a variance, the user may appeal to the Parks and Recreation Commission User Group Sub -Committee within ten (10) calendar days of written notification of staffs decision. 4. If the variance request affects the use, the user is required to request a variance thirty (30) days in advance of the event in question to allow for adequate processing time. All other variance requests may be submitted anytime prior to the event date, but not later than ten (10) days after the event date. Grievance -- A user may submit a grievance regarding the stated procedures or operation of the facility by completing the following: Grievance Procedures: Submit a letter detailing the grievance and recommendation(s ) on how to resolve the issue in question. Staff will review the grievance and submit a response letter to the user within seven (7) work days. Response will be provided by the City Manager or his/her designee and such response shall be considered final. City of Diamond Bar Community/Senior Center Facility Use Fee Schedule Group A: City of Diamond Bar Activities Grou B: City recognized Senior citizen membershiR grou s Group A: No Fees Grou B: No Fees Group C: Other Governmental Agencies and Local Non-profit Service Groups Room Weekday Rate Rates Operation Weekend Rates Rate I Operation Cleaning Deposit Big Banquet Room $70/hr $20/hr $675/ event $300 Senior Room 50/hr 15/hr 50/hr 15/hr 100 Meeting Rooms $10/hr $15/hr $10/hr I $15/hr 1 $100 Youth Room $10/hr $15/hr $10/hr I $15/hr $100 Youth Room (divided '/z $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 1/5 $30/hr $15/hr $30/hr $15/hr $100 Catering Kitchen $50/event 1 N/A $50/event I N/A i $100 Group D-1: Diamond Bar Residents Private Events Group D-2: Diamond Bar Resident Business Events Room Weekda Rate Rates eration Weekend Rates I Rate I Operation Cleaning I Deposit Big Banquet Room 150/hr 20/hr 165/hr 20/hr 300 Senior Room $60/hr $15/hr $60/hr I $15/hr $100 Meeting Rooms $30/hr $15/hr $30/hr I $15/hr $100 Youth Room 20/hr 15/hr 20/hr 15/hr 100 Youth Room (divided $20/hr '/z $15/hr $20/hr $15/hr $100 Computer Room $30/hr $15/hr $30/hr $15/hr $100 Banquet Room divided 1/3 $40/hr $15/hr $40/hr $15/hr $100 Banquet Room divided 1/5 $30/hr $15/hr $30/hr $15/hr $100 Caterine Kitchen 1 $50/event I N/A 1 $50/event I N/A I $100 Group E: Non -Resident Private Events and Non -Resident Groups and Businesses Room Weekday Rate Rates Operation Weekend Rates Rate Operation Cleaning Deposit Big Banquet Room $195/hr $20/hr $215/hr $20/hr $500 Senior Room 70/hr 15/hr 70/hr 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 '/z $30/hr $15/hr $30/hr $15/hr $100 Computer Room 40/hr 15/hr 40/hr 15/hr 100 Banquet Room divided 1/3 $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) 6. 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. Equipment Rental Fee Schedule: Groups C, D-1, D-2, and E E u' ment I 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 Micro hone cordless $20 Micro hone Stand 5 Dance Floor — 500 s g. ft. thru 1000 s g. ft. $200 Dance Floor — less than 500 sq. ft. $100 Projection Screen No charge Table Si ns: 1-10 Islo Table Signs: 1-20 $20 Table Signs: 1-30 $30 Table Si s: 1-40 40 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will be assessed if a ui ment is damaged or destroyed. Study Session #2 Study Session Staff Report TO: Honorable Mayor and Members he City Council VIA: Linda C. Lowry, City Mana L� TITLE: DISCUSSION OF THE PROPOSED-I=ACILITY USE POLICY AND FEE SCHEDULE FOR THE COMMUNITY/ SENIOR CENTER. RECOMMENDATION: Consider the draft of the proposed Facility Use Policy and the Fee Schedule for the Community/ Senior Center and direct staff to prepare final versions to be placed on a future City Council agenda. BACKGROUND: When the construction is completed, the Community/Senior Center will be a 22,000 square foot facility which will consist of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. The purpose of the Facility Use Policy and the associated Fee Schedule is to ensure that the Community/Senior Center is utilized to best serve the residents of the City of Diamond Bar. It is also 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. DISCUSSION: Staff and an ad-hoc committee of the Parks and Recreation Commission researched similar policies and fee structures of nine (9) Southern California cities to assist in the development of the proposed Facility Use Policy and Fee Schedule for the Community/ Senior Center. The nine cities participating in the review were: 1) City of Anaheim 2) City of Arcadia 3) City of Brea 4) City of Chino Hills 5) City of Fullerton 6) City of Pico Rivera 7) City of Signal Hill 8) City of Walnut 9) City of Yorba Linda Further, consideration was given to the anticipated use of the facility for City programs and events, senior groups' events and activities, local governmental agency's events and activities, local non-profit service organization's events and activities, Diamond Bar resident private events, non-resident private events, and corporate events when developing the recommended policies and proposed fees. Additionally, previously adopted policies, such as the provision of insurance documentation, variance and grievance procedures, etc. were included in the proposed Facility Use Policy. The attached proposed Facility Use Policies document and Fee Schedule document were reviewed and recommended to the City Council by the Parks and Recreation Commission at their regular meeting of July 24, 2003. ATTACHMENTS: 1) Draft copy of the proposed Facility Use Policy 2) Draft copy of the proposed Fee Schedule PREPARED BY: Kim Crews, Senior Management Analyst B6D-Rbse Director of Community Services STUDY SESSION Tuesday, August 5, 2003 PROPOSED FACILITY USE POLICIES AND FEES For The Community/Senior Center City of Diamond Bar Community/Senior Center Facility Use Policy The City of Diamond Bar Community/Senior Center is a 22,000 square foot facility which consists of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. All facilities are available for use in accordance with the following regulations under the administration of the Community Services Division. PURPOSE OF THE USE POLICY The purpose of this use policy is to assure that the Community/Senior 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 and to reduce its impact on the tax -paying residents of the City. City facilities are not intended to be used for personal and/or private gain. DEFINITION OF TERMS "Center Director" is interpreted as the administrative head of the Community/Senior Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. "City" means the City of Diamond Bar, its officials, representatives, agents, and employees. "User" means an individual or group, which obtains a permit to use the Community/Senior Center pursuant to the terms of this Use Policy. "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. APPLICATION PROCEDURES All applicants must complete a City of Diamond Bar Facility Use Application and pay all applicable fees at the time of submitting the application. Groups shall be classified as outlined in the group priority rating section located on page 6. Use will be approved or denied based on availability and any other factors outlined in this Use Policy. Applicants shall not transfer, assign, or sublet use of the Center or apply for use on behalf of another organization or applicant. 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. BANQUET FACILITIES 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. 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. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. 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 60 days prior to the event. 3. Cancellations Groups D-1, D-2 and E reserving the banquet facility shall adhere to the following cancellation policy: a. Reservations cancelled 120 days or more prior to the event will receive a refund of fees minus a $100 processing fee. b. Reservations cancelled 30-119 days prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. c. 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. 2 d. Notwithstanding the above, if the applicant/user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation upon notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. Group C (Non-profit groups) reserving the banquet facility shall adhere to the following cancellation policy: a. For non -weekend use, if cancellation is received more than 120 days in advance group will receive a full refund minus a $10 administration fee. If cancellation is received less than 120 days there will be a $100 cancellation fee. If the cancellation is received 30 days or less, the reservation/ cancellation will count as one of the group's allotted uses. b. For weekend use, cancellation shall comply with the general cancellation policy as stated in this Use Policy. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use.. 4. Regular Use by Group C Organizations Non-profit organizations in this classification are allowed two (2) uses of banquet facilities per calendar year. These uses apply Monday -Friday only and the group shall pay only applicable operation fee for each use. After the allocated uses, Group C users in this classification will be charged prevailing weekday rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. 5. Refunds Security and cleaning deposits shall be refunded if proper cleanup is completed and no breakage or damage has occurred. Proper cleanup will be determined by the City of Diamond Bar Community/Senior Center staff. 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. The refund is mailed two (2) to four (4) weeks after the event. 3 MEETING ROOMS, GAME ROOMS, ACTIVITY ROOMS 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. 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. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. 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 60 days prior to the event. 3. Cancellations Groups D-1, D-2 and E reserving meeting rooms shall adhere to the following cancellation policy: a. Reservations cancelled 60 days or more prior to the event will receive a refund of fees minus a $50 processing fee. b. Reservations cancelled 59-30 days prior to the event will receive a 50% refund of the rental fees and a full refund of the cleaning deposit. c. Reservations cancelled 29 days or less prior to the event will receive no refund of rental fees and a full refund of the cleaning deposit. d. If cancellation is made by the City, notice shall be given as far in advance as possible and a full refund shall be made. Every effort will be made to find a suitable alternative facility if a cancellation by the City is necessary. e. Notwithstanding the above, if the applicant/ user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Community Services Director or his/her designee, may cancel the reservation upon 4 notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. 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 uses. If less than 30 days notice is given, group will receive no refund and this will count toward one of their allotted uses. b. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use. 4. Regular Use by Group C Organizations a. 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. After the allocated uses, Group C users in this classification will be charged prevailing weekday & weekend rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. Reservations must be made in writing by completing a Facility Use Application and meeting all of the application requirements set forth in this Use Policy. Reservations may be made as follows: Group A: as deemed necessary. Group B: Up to fifteen (15) months in advance. Group C: 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. All rentals shall be made in one hour increments and the minimum rental period is two hours. Denial of Applications may be made by the Community Services Division on the basis of the following reasons: That the Center is incapable of accommodating the proposed activity by reason of the nature of the activity or by the reason of the number of people estimated to be in attendance. 2. That the user has failed to agree to provide a reasonable means of controlling participants involved in the activity as provided in the term and conditions in the facility use application. The City reserves the right to deny any applicant based on security concerns and/or safety concerns. That the applicant has failed to agree to comply with all the conditions on the application. 4. That by the nature of the activity, the Center or its equipment may be endangered. 5. That conditions for the issuance of a facility use permit have not been met. The Director may attach such conditions to the permit as she/he may determine necessary for the protection of public welfare and the Center facility. 6. That any law or regulation is violated by an intended use. 7. That another event is already scheduled for the requested date. 8. That the applicant previously used the facility, and, due to lack of cleaning or damage, did not receive all of their cleaning deposit back. GROUP PRIORITY RATING Any individual or group utilizing the facilities at the Diamond Bar Community/Senior Center will be classified in one of the following priority groups. These classifications are necessary to establish 1) priority of use, 2) applicability of a fee, and 3) amount of the fee, if any. These priority groups are defined as follows with use granted on a priority basis with Group A receiving the first priority and Group E the last priority. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar. GROUP B- Activities conducted by the City recognized Senior citizen membership rou s. GROUP C- 1. Activities conducted by Governmental agencies, whose primary purpose is to provide general benefit to the Diamond Bar community. (Examples: Local school districts, County of Los Angeles agencies, etc.) 2. Activities conducted by Local non-profit service organizations. To qualify as a non- profit resident organization, the organization shall have a minimum of 60% Diamond Bar residents or 60% with Diamond Bar business addresses. A membership roster and the non profit tax exemption number shall be submitted on a yearly basis as a condition of any organization receiving classification in this group. (Examples: Boy Scouts, Girl Scouts, Little League, Rotary Club.) GROUP D-1- Private events conducted by Diamond Bar residents. GROUP D-2- Activities conducted by Diamond Bar resident groups organizations and businesses which are not eligible under Group C definitions. 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.) IZ 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. All of user's insurance shall: 1. Name the City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City personnel") as additional or co -insureds. 2. Contain no special limitations on the scope of protection afforded to City and City personnel. 3. 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. 4. Shall be "date of occurrence" rather than "claims made" insurance. S. Shall apply separately to each insured against the limits of the insurer's liability 6. 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 VIII or better, unless such rating qualifications are waived by the Risk Manager due to unique circumstances. 7. The applicant's policy must include a 30 -day written cancellation notice. The City of Diamond Bar and its officers, officials, employees, agents, representatives, and volunteers ("City and City Personnel") shall be named as additionally insured with regard to the use of City of Diamond Bar property by the applicant and solely in regard to the use of property owned by the City of Diamond Bar. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, can provide proper Tenant/User insurance coverage. 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 greater. If a certificate is not on file by this date, insurance fees will be added to the final payment. Insurance Certificate The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: 1. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of Diamond Bar, its officials, employees, and agents." 2. Additional insured endorsements must accompany the Certificate of Insurance V/ and indicate policy number, date, and name of insurance company and name of "insured". 3. Certificate must be an original. No copies will be accepted. 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. GENERAL OPERATING REGULATIONS The Use and Service of Alcohol- The use of alcohol in the Diamond Bar Community/ Senior Center is by written permission in advance and must comply with applicable law. 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 agreement for any event. 1. "Alcohol use" refers to any beverage that contains any amount of alcohol. 2. 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. 3. Alcohol may 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, which have been paid. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. License (when alcohol is to be sold) a. No sales or requests for donations for alcohol are permitted without a license from the State Alcoholic Beverage Control Board (A.B.C.) b. A copy of your Community/Senior Center contract must be furnished to A.B.C. when applying for this license. C. 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. d. 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. e. 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. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non -Profit organization, cannot sell alcohol on their own. If a private party wants to sell alcohol, they need to 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. 10. The service of alcohol at any event is limited to a maximum of five (5) hours. 11. 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. 9 12. Wine, punch, beer, champagne and spirits must be served out of cups, glasses, or cans. 13. 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. 14. Security service must be present through the clean up hour. Hours of operation are limited to Sunday through Thursday 7:30am — 11:00pm 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 6:00am on Saturday and ending at 1:00am on Monday. Any reserved time that falls between this period of time shall be considered a weekend and will be charged weekend rates. 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. 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. 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. Illegal Activities shall not be permitted. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Profane language, fighting, gambling, or lewd conduct shall not be permitted. 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. Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately following activity. The Center reserves the right to remove any remaining iN 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 applicantluser, 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. 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. Changes, Alterations, Repairs, or Defacement to any part of the facility, its furnishings, or equipment thereof will not be permitted. The user shall be held liable for expenses required to repair or replace the facility, its furnishing, or equipment to its original condition. 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. Sleeping or lodging is not permitted in the Center. 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. 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 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. Food & 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. 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 Diamond Bar Community/Senior Center. Events where the majority of the participants are minors may be required to have security guards present 11 during the event and cleanup. Revocation for Violation- Reservations may be cancelled at any time by the Center Director if there has been a violation of approved Rules and Regulations. 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. 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. Parking Lot- The use of the parking lot is to service the Community/Senior Center facility. Exceptions may be issued at the discretion of the Center Director. Requests to use the parking lot will be considered under "events not covered" for appropriate use, fees, and service. Events Not Covered- Special events or requests not covered in the above policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. 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. 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 ingress and egress. During use of the Center, all exit doors shall be unlocked and shall not be blocked in any manner. VARIANCES AND GRIEVANCES A user may request a variance or submit a grievance regarding the stated procedures or operation of the facility by completing the following: Variance — Variances will be considered under the following circumstances: a. Relief from insurance requirements when planned attendance is less than 25 people and the event consists of a meeting utilizing facility tables and chairs only. b. Hours of use beyond closing times stated in this document. c. 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 12 from relief amount. d. Relief from deadlines for Category Groups B and C if such relief can be demonstrated to be in the best interest of the community. e. Additional regular group and/or weekend use by Category Group C organizations if such use can be demonstrated to be in the best interest of the community. f. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls, if such use can be demonstrated to be in the best interest of the community. g. 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. Note: Request for waiver of fees or fee discounts will not be accepted nor considered. Variance Request Procedures: 1. Submit a letter detailing the reason(s) a variance is requested to the Center Director. 2. Appropriate staff member(s) will review the letter and respond in writing with decision within seven (7) work days. 3. If staff decides not to grant a variance, the user may appeal to the Parks and Recreation Commission User Group Sub -Committee within ten (10) calendar days of written notification of staff's decision. 4. If the variance request affects the use, the user is required to request a variance thirty (30) days in advance of the event in question to allow for adequate processing time. All other variance requests may be submitted anytime prior to the event date, but not later than ten (10) days after the event date. Grievance -- A user may submit a grievance regarding the stated procedures or operation of the facility by completing the following: Grievance Procedures: 1. Submit a letter detailing the grievance and recommendation(s) on how to resolve the issue in question. 2. Staff will review the grievance and submit a response letter to the user within seven (7) work days. 3. Response will be provided by the City Manager or his/her designee and such response shall be considered final. 13 City of Diamond Bar Community/Senior Center Facility Use Fee Schedule Group A: City of Diamond Bar Activities Group B: City recognized Senior citizen membership groups Group A: No Fees Group B: No Fees Group C: Other Governmental Agencies and Local Non-profit Service Groups Room Weekday Rates Weekend Rates Cleaning Deposit Rate Operation Rate Operation Big Banquet Room $70/hr $20/hr $675/ 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 '�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 1/5) $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 $1501hr $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�2) $20/hr $15/hr $20/hr $15/hr $100 Computer Room $30/hr $15/hr $30/hr $15/hr $100 Banquet Room (divided 1/3) $40/hr $15/hr $40/hr $15/hr $100 Banquet Room (divided 1/5) $301hr $15/hr $30/hr $15/hr $100 Catering Kitchen $50/event N/A $50/event I N/A 1 $100 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 $70/hr $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 1/3) $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 I $50/event N/A $50/event I 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) 6. 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. Equipment Rental Fee Schedule: Groups C, D-1, D-2, and E Equipment Rental Fee Replacement Cost Portable Bar $25 Keyboard $50 V CR/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 s . ft. $200 Dance Floor — less than 500 sq. ft. $100 Projection Screen No charge Table Signs: 1-10 $10 Table Signs: 1-20 $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. Study Session #2 Study Session Staff Report TO: Honorable Mayor and Members he City Council VIA. Linda C. Lowry, City Mana rpu TITLE: DISCUSSION OF THE PROPOSEACILITY USE POLICY AND FEE SCHEDULE FOR THE COMMUNITY/ SENIOR CENTER. RECOMMENDATION: Consider the draft of the proposed Facility Use Policy and the Fee Schedule for the Community/ Senior Center and direct staff to prepare final versions to be placed on a future City Council agenda. BACKGROUND: When the construction is completed, the Community/Senior Center will be a 22,000 square foot facility which will consist of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. The purpose of the Facility Use Policy and the associated Fee Schedule is to ensure that the Community/Senior Center is utilized to best serve the residents of the City of Diamond Bar. It is also 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. DISCUSSION: Staff and an ad-hoc committee of the Parks and Recreation Commission researched similar policies and fee structures of nine (9) Southern California cities to assist in the development of the proposed Facility Use Policy and Fee Schedule for the Community/ Senior Center. The nine cities participating in the review were: 1) 2) 3) 4) 5) 6) 7) 8) 9) City of Anaheim City of Arcadia City of Brea City of Chino Hills City of Fullerton City of Pico Rivera City of Signal Hill City of Walnut City of Yorba Linda Further, consideration was given to the anticipated use of the facility for City programs and events, senior groups' events and activities, local governmental agency's events and activities, local non-profit service organization's events and activities, Diamond Bar resident private events, non-resident private events, and corporate events when developing the recommended policies and proposed fees. Additionally, previously adopted policies, such as the provision of insurance documentation, variance and grievance procedures, etc. were included in the proposed Facility Use Policy. The attached proposed Facility Use Policies document and Fee Schedule document were reviewed and recommended to the City Council by the Parks and Recreation Commission at their regular meeting of July 24, 2003. ATTACHMENTS: 1) Draft copy of the proposed Facility Use Policy 2) Draft copy of the proposed Fee Schedule PREPARED BY: Kim Crews, Senior Management Analyst Director of Community Services Deputy City Manager STUDY SESSION Tuesday, August 5, 2003 PROPOSED FACILITY USE POLICIES AND FEES For The Community/Senior Center City of Diamond Bar Community/Senior Center Facility Use Policy The City of Diamond Bar Community/Senior Center is a 22,000 square foot facility which consists of assembly, meeting rooms, activity rooms, banquet facilities, and kitchen facilities. All facilities are available for use in accordance with the following regulations under the administration of the Community Services Division. PURPOSE OF THE USE POLICY The purpose of this use policy is to assure that the Community/Senior 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 and to reduce its impact on the tax -paying residents of the City. City facilities are not intended to be used for personal and/or private gain. DEFINITION OF TERMS "Center Director" is interpreted as the administrative head of the Community/Senior Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. "City" means the City of Diamond Bar, its officials, representatives, agents, and employees. "User" means an individual or group, which obtains a permit to use the Community/Senior Center pursuant to the terms of this Use Policy. "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. APPLICATION PROCEDURES All applicants must complete a City of Diamond Bar Facility Use Application and pay all applicable fees at the time of submitting the application. Groups shall be classified as outlined in the group priority rating section located on page 6. Use will be approved or denied based on availability and any other factors outlined in this Use Policy. 1 Applicants shall not transfer, assign, or sublet use of the Center or apply for use on behalf of another organization or applicant. 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. BANQUET FACILITIES 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. 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. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. 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 60 days prior to the event. 3. Cancellations Groups D-1, D-2 and E reserving the banquet facility shall adhere to the following cancellation policy: a. Reservations cancelled 120 days or more prior to the event will receive a refund of fees minus a $100 processing fee. b. Reservations cancelled 30-119 days prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. c. 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. 2 d. Notwithstanding the above, if the applicant/user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation upon notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. Group C (Non-profit groups) reserving the banquet facility shall adhere to the following cancellation policy: a. For non -weekend use, if cancellation is received more than 120 days in advance group will receive a full refund minus a $10 administration fee. If cancellation is received less than 120 days there will be a $100 cancellation fee. If the cancellation is received 30 days or less, the reservation/ cancellation will count as one of the group's allotted uses. b. For weekend use, cancellation shall comply with the general cancellation policy as stated in this Use Policy. c. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use. 4. Regular Use by Group C Organizations Non-profit organizations in this classification are allowed two (2) uses of banquet facilities per calendar year. These uses apply Monday -Friday only and the group shall pay only applicable operation fee for each use. After the allocated uses, Group C users in this classification will be charged prevailing weekday rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. 5. Refunds Security and cleaning deposits shall be refunded if proper cleanup is completed and no breakage or damage has occurred. Proper cleanup will be determined by the City of Diamond Bar Community/Senior Center staff. 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. The refund is mailed two (2) to four (4) weeks after the event. 3 MEETING ROOMS, GAME ROOMS, ACTIVITY ROOMS 1. Reservations a. All potential users shall complete a City of Diamond Bar Facility Use Application a minimum of 30 days prior to the event. b. 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. c. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. d. Reservations made within 30 days of the event must be paid by credit card or cash. 2. Deposits a. Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 60 days prior to the event. b. 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 60 days prior to the event. 3. Cancellations Groups D- 1, D-2 and E reserving meeting rooms shall adhere to the following cancellation policy: a. Reservations cancelled 60 days or more prior to the event will receive a refund of fees minus a $50 processing fee. b. Reservations cancelled 59-30 days prior to the event will receive a 50% refund of the rental fees and a full refund of the cleaning deposit. c. Reservations cancelled 29 days or less prior to the event will receive no refund of rental fees and a full refund of the cleaning deposit. d. If cancellation is made by the City, notice shall be given as far in advance as possible and a full refund shall be made. Every effort will be made to find a suitable alternative facility if a cancellation by the City is necessary. e. Notwithstanding the above, if the applicant/ user is not in compliance with the policies and regulations stated in this document, the City, acting by and through the Community Services Director or his/her designee, may cancel the reservation upon 4 notice to the applicant, and all deposits and/or fee(s) previously paid by the applicant shall not be returned. 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 uses. If less than 30 days notice is given, group will receive no refund and this will count toward one of their allotted uses. b. Failure to use the facility on two consecutive regularly scheduled dates, without prior notice shall be cause for denial of future use. 4. Regular Use by Group C Organizations a. 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. After the allocated uses, Group C users in this classification will be charged prevailing weekday & weekend rates plus applicable operation fees. Weekend use requires payment according to the approved rental rate for this classification. 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. Reservations must be made in writing by completing a Facility Use Application and meeting all of the application requirements set forth in this Use Policy. Reservations may be made as follows: Group A: as deemed necessary. Group B: Up to fifteen (15) months in advance. Group C: Up to fifteen (15) months in advance. Groups DI & D2: Up to fifteen (15) months in advance. Group E: Up to twelve (12) months in advance. All rentals shall be made in one hour increments and the minimum rental period is two hours. Denial of Applications may be made by the Community Services Division on the basis of the following reasons: 1. That the Center is incapable of accommodating the proposed activity by reason of the nature of the activity or by the reason of the number of people estimated to be in attendance. 2. That the user has failed to agree to provide a reasonable means of controlling participants involved in the activity as provided in the term and conditions in the facility use application. The City reserves the right to deny any applicant based on security concerns and/or safety concerns. 3. That the applicant has failed to agree to comply with all the conditions on the application. 5 4. That by the nature of the activity, the Center or its equipment may be endangered. 5. That conditions for the issuance of a facility use permit have not been met. The Director may attach such conditions to the permit as she/he may determine necessary for the protection of public welfare and the Center facility. 6. That any law or regulation is violated by an intended use. 7. That another event is already scheduled for the requested date. 8. That the applicant previously used the facility, and, due to lack of cleaning or damage, did not receive all of their cleaning deposit back. GROUP PRIORITY RATING Any individual or group utilizing the facilities at the Diamond Bar Community/Senior Center will be classified in one of the following priority groups. These classifications are necessary to establish 1) priority of use, 2) applicability of a fee, and 3) amount of the fee, if any. These priority groups are defined as follows with use granted on a priority basis with Group A receiving the first priority and Group E the last priority. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar. GROUP B- Activities conducted by the City recognized Senior citizen membership groups. GROUP C 1. Activities conducted by Governmental agencies, whose primary purpose is to provide general benefit to the Diamond Bar community. (Examples: Local school districts, County of Los Angeles agencies, etc.) 2. Activities conducted by Local non-profit service organizations. To qualify as a non- profit resident organization, the organization shall have a minimum of 60% Diamond Bar residents or 60% with Diamond Bar business addresses. A membership roster and the non profit tax exemption number shall be submitted on a yearly basis as a condition of any organization receiving classification in this group. (Examples: Boy Scouts, Girl Scouts, Little League, Rotary Club.) GROUP D-1- Private events conducted by Diamond Bar residents. GROUP D-2- Activities conducted by Diamond Bar resident groups, organizations and businesses, which are not eligible under Group C definitions. 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.) 6 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. All of user's insurance shall: 1. Name the City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City personnel") as additional or co -insureds. 2. Contain no special limitations on the scope of protection afforded to City and City personnel. 3. 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. 4. Shall be "date of occurrence" rather than "claims made" insurance. 5. Shall apply separately to each insured against the limits of the insurer's liability 6. 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 VIII or better, unless such rating qualifications are waived by the Risk Manager due to unique circumstances. 7. The applicant's policy must include a 30 -day written cancellation notice. The City of Diamond Bar and its officers, officials, employees, agents, representatives, and volunteers ("City and City Personnel") shall be named as additionally insured with regard to the use of City of Diamond Bar property by the applicant and solely in regard to the use of property owned by the City of Diamond Bar. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, can provide proper Tenant/User insurance coverage. 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 greater. If a certificate is not on file by this date, insurance fees will be added to the final payment. Insurance Certificate The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: 1. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of Diamond Bar, its officials, employees, and agents." 2. Additional insured endorsements must accompany the Certificate of Insurance 7 and indicate policy number, date, and name of insurance company and name of "insured". 3. Certificate must be an original. No copies will be accepted. 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. GENERAL OPERATING REGULATIONS The Use and Service of Alcohol- The use of alcohol in the Diamond Bar Community/ Senior Center is by written permission in advance and must comply with applicable law. 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 agreement for any event. 1. "Alcohol use" refers to any beverage that contains any amount of alcohol. 2. 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 Sheriffs 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. 3. Alcohol may 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, which have been paid. 4. 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. 8 5. 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. 6. 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. 7. 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. 8. 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. 9. License (when alcohol is to be sold) a. No sales or requests for donations for alcohol are permitted without a license from the State Alcoholic Beverage Control Board (A.B.C.) b. A copy of your Community/Senior Center contract must be furnished to A.B.C. when applying for this license. c. 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. d. 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. e. 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. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non-Profit organization, cannot sell alcohol on their own. If a private party wants to sell alcohol, they need to 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. 10. The service of alcohol at any event is limited to a maximum of five (5) hours. 11. 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. 9 12. Wine, punch, beer, champagne and spirits must be served out of cups, glasses, or cans. 13. 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. 14. Security service must be present through the clean up hour. Hours of operation are limited to Sunday through Thursday 7:30am - 11: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 6:OOam on Saturday and ending at 1:OOam on Monday. Any reserved time that falls between this period of time shall be considered a weekend and will be charged weekend rates. 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. 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. 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. Illegal Activities shall not be permitted. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Profane language, fighting, gambling, or lewd conduct shall not be permitted. 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. Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately following activity. The Center reserves the right to remove any remaining 10 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. 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. Changes, Alterations, Repairs, or Defacement to any part of the facility, its furnishings, or equipment thereof will not be permitted. The user shall be held liable for expenses required to repair or replace the facility, its furnishing, or equipment to its original condition. 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. Sleeping or lodging is not permitted in the Center. 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. 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 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. Food & 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. 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 Diamond Bar Community/Senior Center. Events where the majority of the participants are minors may be required to have security guards present 11 during the event and cleanup. Revocation for Violation- Reservations may be cancelled at any time by the Center Director if there has been a violation of approved Rules and Regulations. 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. 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. Parking Lot- The use of the parking lot is to service the Community/Senior Center facility. Exceptions may be issued at the discretion of the Center Director. Requests to use the parking lot will be considered under "events not covered" for appropriate use, fees, and service. Events Not Covered- Special events or requests not covered in the above policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. 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. 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 ingress and egress. During use of the Center, all exit doors shall be unlocked and shall not be blocked in any manner. VARIANCES AND GRIEVANCES A user may request a variance or submit a grievance regarding the stated procedures or operation of the facility by completing the following: Variance - Variances will be considered under the following circumstances: a. Relief from insurance requirements when planned attendance is less than 25 people and the event consists of a meeting utilizing facility tables and chairs only. b. Hours of use beyond closing times stated in this document. c. 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 12 from relief amount. d. Relief from deadlines for Category Groups B and C if such relief can be demonstrated to be in the best interest of the community. e. Additional regular group and/or weekend use by Category Group C organizations if such use can be demonstrated to be in the best interest of the community. f. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls, if such use can be demonstrated to be in the best interest of the community. g. 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. Note: Request for waiver of fees or fee discounts will not be accepted nor considered. Variance Request Procedures: 1. Submit a letter detailing the reason(s) a variance is requested to the Center Director. 2. Appropriate staff member(s) will review the letter and respond in writing with decision within seven (7) work days. 3. If staff decides not to grant a variance, the user may appeal to the Parks and Recreation Commission User Group Sub -Committee within ten (10) calendar days of written notification of staffs decision. 4. If the variance request affects the use, the user is required to request a variance thirty (30) days in advance of the event in question to allow for adequate processing time. All other variance requests may be submitted anytime prior to the event date, but not later than ten (10) days after the event date. Grievance -- A user may submit a grievance regarding the stated procedures or operation of the facility by completing the following: Grievance Procedures: 1. Submit a letter detailing the grievance and recommendation(s) on how to resolve the issue in question. 2. Staff will review the grievance and submit a response letter to the user within seven (7) work days. 3. Response will be provided by the City Manager or his/her designee and such response shall be considered final. 13 City of Diamond Bar Community/Senior Center Facility Use Fee Schedule Group A: City of Diamond Bar Activities Group B: City recognized Senior citizen membership groups Group A: No Fees Group B: No Fees Group C: Other Governmental Agencies and Local Non-profit Service Groups Room Weekda Rates Weekend Rates Cleaning Rate Operation Rate Operation Deposit Big Banquet Room $70/hr $20/hr $675/ 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 $10/hr $15/hr $10/hr $15/hr $100 12) Computer Room $30/hr $15/hr $30/hr $15/hr $100 Banquet Room $40/hr $15/hr $50/hr $15/hr $100 (divided 1/3) Banquet Room $30/hr $15/hr $30/hr $15/hr $100 (divided 1/5) 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 Weekda Rates Weekend Rates Cleaning Rate Operation Rate Operation Deposit 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 $20/hr $15/hr $20/hr $15/hr $100 1/2) Computer Room $30/hr $15/hr $30/hr $15/hr $100 Banquet Room $40/hr $15/hr $40/hr $15/hr $100 (divided 1/3) Banquet Room $30/hr $15/hr $30/hr $15/hr $100 (divided 1/5) Catering Kitchen $50/event N/A $50/event N/A $100 Group E: Non -Resident Private Events and Non -Resident Groups and Businesses Room Weekda Rates Weekend Rates Cleaning Rate Operation Rate Operation Deposit Big Banquet Room $195/hr $20/hr $215/hr $20/hr $500 Senior Room $70/hr $15/hr $70/hr $15/hr $100 Meeting Rooms $40/hr $15/hr $40/hr $15/hr $100 $30/hr $15/hr $30/hr $15/hr $100 Youth Room Youth Room (divided $30/hr $15/hr $30/hr $15/hr $100 12) Computer Room $40/hr $15/hr $40/hr $15/hr $100 Banquet Room $50/hr $15/hr $50/hr $15/hr $100 (divided 1/3) Banquet Room $30/hr $15/hr $30/hr $15/hr $100 (divided 1/5) 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) 6. 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. 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 cup) $20 Coffee Pot (100 cup) $40 Slide Projector $20 Overhead Projector $20 Microphone (cordless) $20 Microphone Stand $5 Dance Floor - 500 s q. ft. thru 1000 s q. ft. $200 Dance Floor - less than 500 s q. ft. $100 Projection Screen No charge Table Signs: 1-10 $10 Table Signs: 1-20 $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. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Diamond Bar Community Foundation Information Agenda # Study Session 3 Meeting Date: August 5, 2003 AGENDA REPORT RECOMMENDATION: It is recommended that the City Council accept a presentation from the Diamond Bar Community Foundation regarding their recommended changes to the Foundation By -Laws. FINANCIAL IMPACT: There is no fiscal impact associated with the presentation. However, the City Attorney has opined that the changes to the bylaws will require a different financial relationship with the Foundation than the current financial relationship. In the attached e-mail the City Attorney describes the required contract for the use of City funds by the Foundation and expresses his concerns about continuing to provide City staff to the Foundation if the bylaw changes are approved. BACKGROUND/ DISCUSSION Last year the City Council approved a $15,000 budget for the Foundation specifically to hire a grant writer. This year the Council approved an additional appropriation for grant writing services for the Foundation. The Foundation hired Gary Bess Associates as its grant writer. After working with the members of the Foundation, Mr. Bess is recommending changes to the Foundation by-laws to separate the Foundation from the City. The attached memo from Mr. Bess details the reasons for the recommended changes to the by-laws. Also, attached for Council review is a redline version of the by-laws showing the proposed deletions and additions. Attachments 1. Memo from Gary Bess Associates 2. Redline version of the By-laws 3. City Attorney Opinion V Memo To: Board of Directors of the Diamond Bar Community Foundation From: Gary Bess CC: Mayor and Members of the Diamond Bar City Council Date: 07/10/03 Re: Proposed revisions to the Bylaws of the Diamond Bar Community Foundation The Diamond Bar Community Foundation (DBCF) strategic planning retreat in April, which primarily focused on resource development strategies and priorities, resulted in a series of recommendations concerning revisions to the bylaws that address two areas of a funders possible concern that could impact DBCF's possible ability to receive grants. They are: ❖ DBCF is not an independent organization, as it is controlled by the city of Diamond Bar; and ❖ DBCF is a shell or pass through organization, whereby a funder's gift in the form of either a restricted or unrestricted grant would be refunded by DBCF to another public or private nonprofit entity. These perspectives are based on a resource development strategy that anticipates submissions for grants from private foundations. In this context, foundation program officers are likely to scrutinize the composition of DBCF's Board of Drectors, since it is their expectation that community foundations are independent and representative of the community that they serve. The current bylaw provision that the City Council appoints the nine members to the DBCF and can override Board decisions raises the question of representation and independence. This issue is germane when applying to private foundations for grants. If the DBCF intends to raise its funds from individual donors, or vis-a-vis estate planning or special events, this point is less of a concern. In Article III, Section 3.01, of the bylaws, reference is made to the "lesson the burden of government" and the Parks Master Plan of 1998. This too can be construed as DBCF's lack of independence as it states that the ... specific public and charitable purposes for which this Corporation is organized are to lessen the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond ear and to support the cultural, recreational and human service needs of the City of Diamond Bar The second issue pertains to our approach. Funders are unlikely to grant funds to DBCF if we are seen as a pass through to another organization. It begs the question of why didn't the recipient organization apply directly to the private foundation? Plausible reasons are that the recipient organization does not have appropriate standing (e.g., it is not a nonprofit organization), or that it requires a fiscal intermediary such as DBCF to manage its grant funds. In either case, in order to present a credible request, DBCF needs to be perceived as more than a pass through organization. The solution may be to have paid staff, an administrator or executive director, who may be partially funded by the grant, and who is responsible for assuring that prescribed actions contained in funding requests are carried out. These issues are based on my experience in private sector grant writing. I'd be delighted to discuss these points with you and to meet with you or other members of the Board or City Council to consider these and other alternatives. BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I NAME The name of this Corporation is THE DIAMOND BAR COMMUNITY FOUNDATION. ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the Corporation ("principal office") is located at 21660 East Copley Drive, Diamond Bar, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state the new location. SECTION 2.02. OTHER OFFICES. The Board may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01. PURPOSES This Corporation is a Nonprofit Public Benefit Corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. This Corporation is organized exclusively for charitable and other purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United State Internal Revenue Law). the Corporation ntends to establish per maneRt endowmeant fi-ind will be used to lessen the buFdenS of goveMn9ent by ass sting the Gity (if Diamond 9ariR chaFitable and etheF public purpose pFei I eets.-T-hle 990727 11393-00001 eeh 0102701.1 lessen the burdens of governme to prerflete the of the Parks Master Plan of 1998 of the City of Diamond BaF and to SUPPOFt the cultLiFal, FecwdlioHal and human se ice Reeds of the Cit f D d Bar. The mission of the Corporation is to: Preserve, protect and enhance the quality of life for residents of Diamond Bar by establishing programs and facilities designed to address the cultural, recreational and social needs of the community. Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation, and the Corporation shall not carry on any other activities not permitted to be carried on by a cor- poration exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIONS (a) Political activity. No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this Corporation shall not participate in or intervene in (including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office. (b) Prope . The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 3.01 above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) General Activities. In carrying out the purposes set forth in Section 3.01 above, the Corporation shall not, in any manner, be utilized to discharge debt service obligations of the City of Diamond Bar. The support and promotion of charitable, cultural, recreational and human services afforded by this Corporation is in addition, and supplementary to, any budgeting program sponsored by the City, and the use of the assets, funds or personnel of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed. (d) Dissolution. Upon the winding up and dissolution of this Corporation, after paying or adequately providing for the payment of the debts, obligations and liabilities of the Corporation, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or Corporation which is organized and operated exclusively for charitable purposes within the city of Diamond Bar and which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or to the City of Diamond Bar. 990727 11393-00001 eeh 0102701.1 ARTICLE IV MEMBERSHIP SECTION 4.01. NO MEMBERS This Corporation shall have no members. SECTION 4.02 ASSOCIATES The Corporation may refer to persons associated with it as "members" even though such persons are not members within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California nonprofit corporation law. The Corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofit Public Benefit Corporation Law, upon any person or persons who do not have the right to vote for the selection of directors, on disposition of substantially all of the assets of the Corporation, on a merger or on a dissolution, or on changes of the Corporation's Articles of Incorporation or these Bylaws, but no such person shall be a member within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California Nonprofit Corporation law. ARTICLE V DIRECTORS SECTION 5.01. POWERS (a) General corporate powers. Subject to the provisions and limitations of the California Nonprofit Corporation Law and any other applicable laws, and any limi- tations of the Articles of Incorporation and of these Bylaws, the activities and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subject to the same limitations, the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the Corporation; prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and require from them security for faithful performance of their duties. (ii) Change the principal office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to 3 990727 11393-00001 eeh 0102701.1 conduct its activities in any other state, territory, dependency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting, including annual meetings. (iii) Adopt and use a corporate seal and alter the form thereof. (iv) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the purposes of the Corporation, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities. (v) Receive donations from the Ddonors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited w4h ,n 'Ryes+men+ Tr by the Corporation and thereafter held, managed, administered and disposed of by the !RVeS+men+ Trustee d Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and p4g4oses-mission set forth in Article III, and which limit the time, manner, amount, or other terms of distribution; but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Corporation. NO The Board of Directors shall have the power to apply funds and income of the Corporation for the emeses -mission set forth in Article III. In furtherance thereof, the Board of Directors shall have the power and authority, and is directed to, distribute the distributable income of the Corporation as they may determine, to the uses and purposes -mission set forth in Article III. Unless a restricted donation provides otherwise, as used in Section I, "distributable income" means the total holdings of the Corporation, principal and interest, less $2,500 which will serve as the minimum holding of the Corporation. SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIONS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be fifteen (15) until changed by amendment of the Bylaws. (b) Designation and Appointment of Directors. The original Directors shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of the City Council appointed by the mayor; (ii) One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commission annually; 990727 11393-OOOD1 eeh 0102701.1 (iii) Nine (9) at -large members of the Board of Directors shall be residents of the City of Diamond Bar appointed by the Ci*cilBoard of Directors; and (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations, and one member representing other service organizations. These members of the Board of Directors shall be referred to as "members -at -large" and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These "members -at -large" shall be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose. (c) Limitations. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws approved by the City Council f the Cit f D d Bar. (d) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother- in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. Each Board of Director shall donate to the Corporation an amount in the individual Board members discretion with thirty days of appointment to the Board. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02(b) shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. (b) Representative of Parks and Recreation Commission. The 5 990727 11393-00001 eeh 0102701.1 representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) _47, UREi.:Board of Director Appointees. The terms for the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. The "first" term of the City Go..neil 1999 appointees shall expire on the date of the first annual meeting in February of 2001 or 2002, according to draw position as indicated above. Subsequent terms for City Co. nci Lappointees shall be for a period of two (2) years. The terms for the newly created four (4) at -large positions shall follow the same principles and guidelines outlined in this section, except that their respective terms will expire either one or two years from the date of appointment, depending on draw position. (d) Members at -Large Appointees. The terms for the appointed four (4) at -large positions shall be either one or two years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in February of 2000. Subsequent terms for at -large appointees shall be for a period of two (2) years. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or two years later as the case may be. Notwithstanding the fo theteFms Of officeF V t the members of the boaFd appeiRted by the City Couned shall 19P C-ORCHFFent with terms of office. (c) No two or more persons from the same household shall be appointed to the Board of Directors to serve at the same time. SECTION 5.05. VACANCIES AND REMOVAL (a) Events causing vacancy or removal. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (i) the death, removal, suspension or resignation of any Director; or (ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have 990727 11393-00001 eeh 0102701.1 breached a duty under California Nonprofit Corporation Law or by a vote of six (6) Directors,, sotto Thk c,,, -+:o., AAt q-bject to ameRdment, change or alteration in any of its Elauses -1 V. —61 Is "16thout the Cv: sen+ of the n, -.mo ,d 13aF r•+ r RGd (b) Resignations. Except as provided in this subsection, any Director may resign effective upon giving written notice to the Chairperson of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State of California, no Director may resign when the Corporation would then be left without a duly elected Director or Directors in charge of its affairs. (c) Filling vacancies. All vacancies occurring because of the expiration of terms or for other reasons will be filled by the appointing body as provided in Section 5.03 above. (d) No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.06. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the Corporation or at such other place has been designated by the Board. In the absence of any such designation, meetings shall be held at the principal office of the Corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting. SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS (a) Annual Meeting. The Board shall hold an annual meeting in conjunction with its regularly scheduled meeting for the month of February of each year for the purpose of organization, election of officers and the transaction of other business; provided, however, that the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. A budget for the upcoming fiscal year shall be adopted at the annual meeting each year. The Chairperson,%,ith assistance (b) Other Regular Meetings. Other regular meetings shall be held on the third Thursday of each month at 7:00 p.m., at the principal office of the Corporation, or at any other place designated from time to time by resolution of the Board. Said meetings shall be held without notice; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. 990727 11393-00001 eeh 0102701.1 (c) Special Meetings. (i) Authority To Call. Special meetings of the Board for any purpose may be called at any time by the Chairperson of the Board, if any, the President or any Vice President, or the Secretary or by a majority of the Directors. (i i) Notice. a. Manner of Giving Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: by personal delivery of written notice; 2. by first-class mail, postage pre -paid; 3. by telephone, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate that notice promptly to the Director; or 4. by telegram, charges prepaid. All such notices shall be given or sent to the Director's address to telephone number as shown on the records of the Corporation. b. Time Requirements. Notices sent by first-class mail shall be deposited in the United States mails at least seven (7) days before the time set for the meeting. Notices given by personal delivery, telephone including FAX transmission, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty- eight (48) hours before the time set for the meeting. C. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation, and the business to be conducted. d. Brown Act Requirements. All annual, regular and special meetings shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and public and all persons shall be permitted to attend any meeting of the Board, provided, however, that the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. SECTION 5.08. QUORUM 990727 11393-00001 eeh 0102701.1 A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 5.09. Subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) approval of certain transactions between corporations having common directorship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. SECTION 5.09. WAIVER OF NOTICE Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given by any Director who attends the meeting without protesting before or at its commencement the lack of notice to such Director. SECTION 5.10. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. SECTION 5.11. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be given, unless the original meeting is adjourned for more than twenty-four (24) hours, in which case notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 5.12. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board may be taken without a meeting, if all members of the Board consent in writing to that action. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the Corporation is a party. 990727 11393-00001 eeh 0102701.1 SECTION 5.13. FEES AND COMPENSATION This Corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of committees, officers or employees for their reasonable and necessary expenses incurred on behalf of the Corporation, in accordance with such rules and procedures as may be established by the Board of Directors. ARTICLE VI COMMITTEES SECTION 6.01. COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in office, may create one or more committees, each consisting of two or more Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may: (a) fill vacancies on the Board or in any committee which has the authority of the Board; (b) establish or fix compensation of the Directors for serving on the Board or on any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable; (e) appoint any other committees of the Board or the members of these committees; (f) approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board shall be governed by, held and taken in accordance with the provisions of Article V of these Bylaws, concerning meetings and other action of the Board, except that the time for regular meetings of such io 990727 11393-00001 eeh 0102701.1 committees and the calling of special meetings thereof may be determined either by resolution of the Board or, if there is no Board resolution, by resolution of the committee of the Board. Minutes shall be kept of each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsistent with the provisions of these Bylaws or in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE VII OFFICERS SECTION 7.01. OFFICERS The officers of the Corporation shall include a President, a Secretary, and a Chief Financial Officer. The Corporation may also have, at the Board's discretion, a Chairperson of the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Section 7.03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. SECTION 7.02. ELECTION OF OFFICERS The officers of the Corporation, except those appointed in accordance with the provisions of Section 7.03 of this Article VII, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairperson of the Board or the President or another officer to appoint other officers that the Corporation may requires, each of whom shall have the title, hold office for the period, have the authority and perform the duties specified in the Bylaws determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS Subject to the rights, if any, of an officer under contract of employment, any officer may be removed, with or without cause, by the Board of Directors, or, except in case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors. 11 990727 11393-00001 eeh 01027D1.1 SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the Corporation without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. SECTION 7.06. VACANCIES IN OFFICE A vacancy occurring in any office because of death, resignation, removal or other cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. SECTION 7.07. RESPONSIBILITIES OF OFFICERS (a) Chairperson of the Board. If a Chairperson of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there is no President, the Chairperson of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the President of the Corporation prescribed by these Bylaws. The Chairperson shall have a vote on all matters. (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the Corporation and shall generally supervise, direct and control the activities and affairs and the officers of the Corporation. The President, in the absence of the Chairperson of the Board, or if there be none, shall preside at all meetings of the Board. The President shall have such other powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Chairperson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform all of the duties of the Chairperson, and, when so acting, shall have all the powers of and be subject to all of the restrictions upon the Chairperson. 12 990727 11393-00001 eeh 0102701.1 (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meetings and actions of the Board and of committees of the Board. The Secretary shall also keep, or cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall assist the Chairperson in the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this Corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, shall supervise the keeping of the books of this Corporation and shall discharge such other duties as pertain to the office or as prescribed by the Board of Directors. (ii) Notices, seal and other duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the seal of the Corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (e) Chief Financial Officer (Treasurer). (i) Books of account. The Chief Financial Officer of the Corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accounts of the properties and transactions of the Corporation, and shall send or cause to be sent to the Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection by any Director at all reasonable times. The Chief Financial Officer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Chief Financial Officer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. (ii) Deposit and disbursement of money and valuables. The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board, shall disburse the funds of the Corporation as may be ordered by the Board, shall render to the President or Chairperson of the Board, if any, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation and shall have other powers and perform such other duties as may be prescribed by the Board or the Bylaws. The Chief Financial Officer shall make a report annually of the uses of the Corporation funds and shall distribute copies to all Directors at the regular annual meeting held in March. (v) Bond. If required by the Board, the Chief Financial Officer 13 990727 11393-00001 eeh 0102701.1 shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office. ARTICLE VIII EXECUTIVE DIRECTOR SECTION 7.01. APPOINTMENT The Board of Directors shall appoint an executive director who shall be qualified to car out the mission of the Comoration. SECTION 7.02 RESPONSIBILITIES The executive director shall be responsible for the dir( supervision of the work of the Corporation. The Executive Director shall submit quarterly reports of the work of the Corporation to the Board of Directors and be responsible for a budget for approval of the Board at the annual meeting. The Executive Director shall be responsible for carrying out the policies and programs of the Corporation. SECTION J 03 DISMISSAL. The executive director may be removed with cause by a four-fifths majority of the Board of Directors at any meeting. ARTICLE VIII INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS SECTION 8.01. DEFINITIONS For the purposes of this Article VIII, "agent" means any person who is or was a director, officer, employee, or other agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; "proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 8.02 or 8.03 of this Article VIII. SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The Corporation shall have power to indemnify any person who was or is a 14 990727 11393-00001 eeh 0102701.1 party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. SECTION 8.03. INDEMNIFICATION INACTIONS BY OR IN THE RIGHT OF THE CORPORATION The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 8.03. (a) In respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable to the Corporation in the performance of such person's duty to the Corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. W 990727 11393-00001 eeh 01027D1.1 SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES To the extent that a agent of the Corporation has been successful on the merits in defense of any proceeding referred to in Section 8.03 or 8.04 of this Article VIII or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. SECTION 8.05. REQUIRED DETERMINATIONS Except as provided in Section 8.04 of this Article VIII any indemnification under this Article VIII shall be made by the Corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 8.02 or 8.03 of this Article VIII, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application made by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or other person rendering services in connection with the defense, is opposed by the Corporation. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board or the attorney or other person rendering services in connection with the defense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. SECTION 8.06. ADVANCE OF EXPENSES Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article VIII. SECTION 8.07. OTHER INDEMNIFICATION No provision made by the Corporation to indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with this Article VIII. Nothing contained in this Article VIII shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. 16 990727 11393-00001 eeh 0102701.1 SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED No indemnification or advance shall be made under this Article VIII, except as provided in Section 8.04 or 8.05(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. SECTION 8.09 INSURANCE The Corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of this Article VIII, provided, however, that a Corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law. SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article VIII does not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in such person's capacity as such, even though such person may also be an agent of the Corporation as defined in Section 8.01 of this Article VIII. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law. 17 990727 11393-00001 eeh 0102701.1 ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep: (a) Adequate and correct books and records of account; (b) Minutes in written form of the proceedings of the Board and committees of the Board. (c) If applicable, a record of its members, giving their names and addresses and the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation and the records of each of its subsidiary Corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, not later than one hundred twenty (120) days after the close of the fiscal year of the Corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detai I: (i) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year. (ii) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (iii) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. is 990727 11393-00001 eeh 0102701.1 SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The Corporation shall prepare annually and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the close of the fiscal year of the Corporation: (a) Any transaction to which the Corporation, its parent or its subsidiary was a party, and in which any Director or officer of the Corporation, its parent or subsidiary (but mere common directorship shall not be considered such an interest) had a direct or indirect material financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($50,000). (b) Any indemnifications or advances aggregating more than ten thousand dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to Article VIII hereof. The statement shall include a brief description of the transaction, the names of the Director(s) or officer(s) involved, their relationship to the Corporation, the nature of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated. ARTICLE X SECTION 10.01. INVESTMENT TRUSTEE The Finance Officer of the City of Diamond Bar shall serve as the Investment Trustee for the Foundation. He/She shall have the powers and authority set out below. SECTION 10.02. POWERS OF TRUSTEE (a) In General. The powers of the Investment Trustee shall be limited to investment of the Corporation property. (b) Discretionary Powers. The Investment Trustee shall have the following discretionary powers: (i) To hold the principal and all money or property given to the Trustee to invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically authorized or requires its retention and/or use for a specific purpose. (ii) To invest and re -invest the principal and undistributed income of the funds on deposit with the Trustee in such property, real, personal or mixed and in such a 19 990727 11393-00001 eeh 0102701.1 manner as it shall deem proper for the growth of capital and the production of income, and from time to time change investments as he/she shall deem advisable; to invest in or retain any stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or real property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Corporation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone else, corporate or otherwise, who has at any time made a contribution to this Corporation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate security. (iii) To sell, lease, or exchange any personal, mixed or real property at public auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Corporation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the Corporation. (iv) To borrow money for such periods, at such rates of interest, and upon such terms as it considers advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or personal property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by the Corporation. (v) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (vi) To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale, lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (vii) To hold property without indication of fiduciary capacity but only in the name of a registered nominee, provided the property is at all times identified as such on the books of the Corporation; to keep any and all of the corporate property or funds in any place or places in the United States of America. SECTION 10.03. ACCOUNTING The Investment Trustee shall render an accounting of the investment transaction concerning the Corporation to the Board of Directors at least annually. No 20 990727 11393-00001 eeh 0102701.1 person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Corporation or its assets. The Investment Trustee may at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceedings shall be the Board of Directors. SECTION 10.04. POWERS OF BOARD OF DIRECTORS (a) In General. The Board of Directors, without prejudice to the discretionary powers granted to the Investment Trustee in this Article X, shall have the duty and right to supervise the investments and activities of the Investment Trustee. (b) Specific Powers. The Board of Directors have the following powers with regard to the funds controlled by the Investment Trustee and with respect to the activities and performance of the Investment Trustee: (i) To modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable or public benefit needs of the City of Diamond Bar; (ii) To replace any participating trustee, custodian or agent for breach of fiduciary duty under the laws of the State of California; and (iii) To replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with the Corporation's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors); (iv) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (iii) above, (1) there shall be excluded from such determination such assets as are held for the active conduct of the Corporation's exempt activities, and (2) such determination shall be made separately with respect to the restricted fund and shall be made in the aggregate with respect to the unrestricted funds of the Corporation. A "restricted fund" means a fund, of any income of which has been designated by the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a named charitable organization or agency or for the use or benefit of a particular class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number; 21 990727 11393-00001 eeh 0102701.1 (v) If it appears that there may be grounds for exercising the power described in subparagraphs (ii) or (iii) of paragraph (b) of this Article with respect to any fund, the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (ii) or (iii) of paragraph (b) of this Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Directors shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors; and (vi) Upon the exercise of the power under subparagraphs (ii) or (iii) of paragraph (b) of this Article to replace any participating trustee, custodian, or agent, the Board of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. ARTICLE XI AMENDMENTS SECTION 11.01. AMENDMENT OF BYLAWS A simple majority of the Board may amend the Bylaws at any meeting subject to the approval of the City Council of the City of Diamond . However, no such amendment or modification shall alter the ' e)(C-!H54Veiy to implement the adepted Parks Master Plan, OF fE)F EHItLffal, Fe.ereaiional and sesand in purpose of this Corporation as set torth in Section 5.03 and/or affect in any manner whmeh-5ha4-make44i5,Cofpofatthe tax exempt status of this Organization and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. The term "majority," as used in this Section, is as defined in the California Nonprofit Corporation Law. SECTION 11.02. MAINTENANCE OF RECORDS The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation. 22 990727 11393-00001 eeh 0102701.1 ARTICLE XII PROXIES Each member of the Board of Directors shall have one vote. There shall be no proxy voting permitted for the transaction of any of the business of this Corporation. ARTICLE XIII CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. ARTICLE XIV MISCELLANEOUS SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors. SECTION 14.02. EXECUTION OF CONTRACTS The Board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit to render it liable for any purpose or to any amount. SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of the Corporation from time to time designated by general resolution of the Board of Directors, and acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the 23 990727 11393-00001 eeh 0102701.1 Corporation. The authority herein granted to such officers to vote or represent on behalf of the Corporation any and all shares held by the Corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers. SECTION 14.04. LIABILITY OF DIRECTORS AND INVESTMENT TRUSTEE No Investment trustee or member of the Board of Directors shall be answerable for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent, counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the proper person or persons and no Investment Trustee or member of the Board shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statement therein contained. SECTION 14.05. CERTIFICATE OF SECRETARY A Certificate of the Secretary of this Corporation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form. CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting Secretary of the Diamond Bar Community Foundation, a California Nonprofit Public Benefit Corporation, that the above bylaws, consisting of twenty-four ( 24 ) pages, are the bylaws of this Corporation as adopted by the board of directors on April 16 2002, and that they have not been amended or modified since that date. Executed on April 19, 2002 at Diamond Bar, California. Secretary 24 990727 11393-00001 eeh 0102701.1 -----Original Message ----- From: David Doyle [mailto:david.doyle@ci.diamond-bar.ca.us] Sent: Thursday, July 10, 2003 9:06 AM To: mjenkins@localgovlaw.com Subject: FW: FOUNDATION AGENDA Mike have a Foundation meeting tonight - there is a proposal to amend the bylaws (attached) which removes reference to the City, Council, etc. My question is if these are approved, can the City still provide staff, $$$, etc. to the Foundation or would it be considered a gift of public funds. Once you review, give me a call so we can discuss. Thanks! David Doyle Deputy City Manager City of Diamond Bar 909-839-7012 -----Original Message ----- From: Michael Jenkins [mailto:mjenkins@localgovlaw.com] Sent: Thursday, July 10, 2003 10:52 AM To: David Doyle Subject: RE: FOUNDATION AGENDA It is not uncommon for a nonprofit formed (and initially controlled) by a city to break away and become independent. In addition to the advantages described in the staff report, it also likely means the nonprofit does not have to comply with the Brown Act and conflict of interest laws. The separation from the City does not mean that the City cannot continue to provide financial assistance to the nonprofit; however, the assistance must be for a city purpose. Hence, it would be necessary to enter into a contract (as we do with the chamber) that calls out specifically how our money will be spent. We do this in West Hollywood with a variety of social service organizations, which use City dollars, pursuant to contract, to provide specific benefits to city residents. Providing staff assistance is slightly more complicated than dollars, because if the organization is separate, City staff should not be staffing it; otherwise, it will create an appearance that is exactly opposite what they are trying to accomplish -- i.e. create a separate identity. It would not be a gift of funds for the city to provide occasional staff assistance, any more so than providing money, but we should not be in a position of providing routine staffing for the foundation. That is why, I suspect, the redline by-laws provide for the hiring of an executive director. Agenda # Study Session 3 Meeting Date: August 5, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Diamond Bar Community Foundation Information RECOMMENDATION: It is recommended that the City Council accept a presentation from the Diamond Bar Community Foundation regarding their recommended changes to the Foundation By -Laws. FINANCIAL IMPACT: There is no fiscal impact associated with the presentation. However, the City Attorney has opined that the changes to the bylaws will require a different financial relationship with the Foundation than the current financial relationship. In the attached e-mail the City Attorney describes the required contract for the use of City funds by the Foundation and expresses his concerns about continuing to provide City staff to the Foundation if the bylaw changes are approved. BACKGROUND/ DISCUSSION Last year the City Council approved a $15,000 budget for the Foundation specifically to hire a grant writer. This year the Council approved an additional appropriation for grant writing services for the Foundation. The Foundation hired Gary Bess Associates as its grant writer. After working with the members of the Foundation, Mr. Bess is recommending changes to the Foundation by-laws to separate the Foundation from the City. The attached memo from Mr. Bess details the reasons for the recommended changes to the by-laws. Also, attached for Council review is a redline version of the by-laws showing the proposed deletions and additions. Attachments 1. Memo from Gary Bess Associates 2. Redline version of the By-laws 3. City Attorney Opinion IV gary bess associates Memo TO. Board of Directors of the Diamond Bar Community Foundation From: Gary Bess M. Mayor and Members of the Diamond Bar City Council Date: 07/10/03 Re: Proposed revisions to the Bylaws of the Diamond Bar Community Foundation The Diamond Bar Community Foundation (DBCF) strategic planning retreat in April, which primarily focused on resource development strategies and priorities, resulted in a series of recommendations concerning revisions to the bylaws that address two areas of a funder's possible concern that could impact DBCF's possible ability to receive grants. They are: • DBCF is not an independent organization, as it is controlled by the city of Diamond Bar; and • DBCF is a shell or pass through organization, whereby a funder's gift in the form of either a restricted or unrestricted grant would be refunded by DBCF to another public or private nonprofit entity. These perspectives are based on a resource development strategy that anticipates submissions for grants from private foundations. In this context, foundation program officers are likely to scrutinize the composition of DBCF's Board of Drectors, since it is their expectation that community foundations are independent and representative of the community that they serve. The current bylaw provision that the City Council appoints the nine members to the DBCF and can override Board decisions raises the question of representation and independence. This issue is germane when applying to private foundations for grants. If the DBCF intends to raise its funds from individual donors, or vis-a-vis estate planning or special events, this point is less of a concern. In Article III, Section 3.01, of the bylaws, reference is made to the "lesson the burden of government" and the Parks Master Plan of 1998. This too can be construed as DBCF's lack of independence as it states that the ... specific public and charitable purposes for which this Corporation is organized are to lessen the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural, recreational and human service needs of the City of Diamond Bar The second issue pertains to our approach. Funders are unlikely to grant funds to DBCF if we are seen as a pass through to another organization. It begs the question of why didn't the recipient organization apply directly to the private foundation? Plausible reasons are that the recipient organization does not have appropriate standing (e.g., it is not a nonprofit organization), or that it requires a fiscal intermediary such as DBCF to manage its grant funds. In either case, in order to present a credible request, DBCF needs to be perceived as more than a pass through organization. The solution may be to have paid staff, an administrator or executive director, who may be partially 1 funded by the grant, and who is responsible for assuring that prescribed actions contained in funding requests are carried out. These issues are based on my experience in private sector grant writing. I'd be delighted to discuss these points with you and to meet with you or other members of the Board or City Council to consider these and other alternatives. • Page 2 BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I NAME The name of this Corporation is THE DIAMOND BAR COMMUNITY FOUNDATION. ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the Corporation ("principal office") is located at 21660 East Copley Drive, Diamond Bar, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state the new location. SECTION 2.02. OTHER OFFICES. The Board may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01. PURPOSES This Corporation is a Nonprofit Public Benefit Corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. This Corporation is organized exclusively for charitable and other purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United State Internal Revenue Law). The Corporation intends to establish will be used to lessen the burdens of vernment by 1 I 990727 11393-00001 eeh 0102701.1 service needs of the City of Diamond R . The mission of the Corporation is to: Preserve, protect and enhance the quality of life for residents of Diamond Bar by establishing programs and facilities designed to address the cultural, recreational and social needs of the community. Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation, and the Corporation shall not carry on any other activities not permitted to be carried on by a cor- poration exempt from Federal income tax under Section 501 (c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or by a corporation, contributions to which are deductible under Section 1 70(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIONS (a) Political activity. No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this Corporation shall not participate in or intervene in (including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office. (b) Property. The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 3.01 above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) General Activities. In carrying out the purposes set forth in Section 3.01 above, the Corporation shall not, in any manner, be utilized to discharge debt service obligations of the City of Diamond Bar. The support and promotion of charitable, cultural, recreational and human services afforded by this Corporation is in addition, and supplementary to, any budgeting program sponsored by the City, and the use of the assets, funds or personnel of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed. (d) Dissolution. Upon the winding up and dissolution of this Corporation, after paying or adequately providing for the payment of the debts, obligations and liabilities of the Corporation, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or Corporation which is organized and operated exclusively for charitable purposes within the city of Diamond Bar and which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or to the City of Diamond Bar. 2 990727 11393-00001 eeh 0102701.1 ARTICLE IV MEMBERSHIP SECTION 4.01. NO MEMBERS This Corporation shall have no members. SECTION 4.02 ASSOCIATES The Corporation may refer to persons associated with it as "members" even though such persons are not members within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California nonprofit corporation law. The Corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofit Public Benefit Corporation Law, upon any person or persons who do not have the right to vote for the selection of directors, on disposition of substantially all of the assets of the Corporation, on a merger or on a dissolution, or on changes of the Corporation's Articles of Incorporation or these Bylaws, but no such person shall be a member within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California Nonprofit Corporation law. ARTICLE V DIRECTORS SECTION 5.01. POWERS (a) General corporate powers. Subject to the provisions and limitations of the California Nonprofit Corporation Law and any other applicable laws, and any limi- tations of the Articles of Incorporation and of these Bylaws, the activities and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subject to the same limitations, the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the Corporation; prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and require from them security for faithful performance of their duties. (ii) Change the principal office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to 3 990727 11393-00001 eeh 0102701.1 conduct its activities in any other state, territory, dependency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting, including annual meetings. (iii) Adopt and use a corporate seal and alter the form thereof. (iv) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the purposes of the Corporation, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities. (v) Receive donations from theDdonors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited w+th an investment Trustee by the Corporation and thereafter held, managed, administered and disposed of by the Investment Trustee and the Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and poses-mission set forth in Article III, and which limit the time, manner, amount, or other terms of distribution; but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Corporation. NO The Board of Directors shall have the power to apply funds and income of the Corporation for the phases mission set forth in Article III. In furtherance thereof, the Board of Directors shall have the power and authority, and is directed to, distribute the distributable income of the Corporation as they may determine, to the uses and permission set forth in Article III. Unless a restricted donation provides otherwise, as used in Section I, "distributable income" means the total holdings of the Corporation, principal and interest, less $2,500 which will serve as the minimum holding of the Corporation. SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIONS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be fifteen (15) until changed by amendment of the Bylaws. (b) Designation and Appointment of Directors. The original Directors shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of the City Council appointed by the mayor; (ii) One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commission annually; 4 I 990727 11393-00001 eeh 0102701.1 (iii) Nine (9) at -large members of the Board of Directors shall be residents of the City of Diamond Bar appointed by the City CouncilBoard of Directors; and (iv) The remaining four (4) members of the Board of Directors shall be residents of the City of Diamond Bar who represent local Community organizations; including one member representing the Chamber of Commerce, one member representing senior groups, one member representing youth organizations, and one member representing other service organizations. These members of the Board of Directors shall be referred to as "members -at -large" and shall be appointed by the Board of Directors on a rotating basis from within each of the four groups. These "members -at -large" shall be selected by majority vote of the Board of Directors at any annual regular or special meeting duly called and noticed for this purpose. (c) Limitations. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws (d) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother- in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. Each Board of Director shall donate to the Corporation an amount in the individual Board members discretion with thirty days of appointment to the Board. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02(b) shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. (b) Representative of Parks and Recreation Commission. The 5 I 990727 11393-00001 eeh 0102701.1 representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) City Counci'Board of Director Appointees. The terms for the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. The "first" term of the City Cc unc4' 1999 appointees shall expire on the date of the first annual meeting in February of 2001 or 2002, according to draw position as indicated above. Subsequent terms for City unc-il appointees shall be for a period of two (2) years. The terms for the newly created four (4) at -large positions shall follow the same principles and guidelines outlined in this section, except that their respective terms will expire either one or two years from the date of appointment, depending on draw position. (d) Members at -Large Appointees. The terms for the appointed four (4) at -large positions shall be either one or two years determined by random draw according to position, to wit, at -large positions number 1 and 2 shall be for a period of two years each and at -large positions number 3 and 4 shall be for a period of one year each. The "first" term of the four (4) at -large 1999 appointees shall expire on the date of the first annual meeting in February of 2000. Subsequent terms for at -large appointees shall be for a period of two (2) years. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or two years later as the case may be. Notwithstanding the foregoing the terms of Office for the membeFs of the bOaFd appointed by the City Couned shall be .-h CounEffil terms of officn ( After an appointee has served two consec tiye terms„ a one year peFied MUSt OCEur before reappointment fFom either Council or C Fganizations and vice versa). pp ... r innfir. nncnmfi n 1.. /iI —nrlI '—ri fl/arc (c) No two or more persons from the same household shall be appointed to the Board of Directors to serve at the same time. SECTION 5.05. VACANCIES AND REMOVAL (a) Events causing vacancy or removal. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (i) the death, removal, suspension or resignation of any Director; or (ii) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have 6 990727 11393-00001 eeh 0102701.1 breached a duty under California Nonprofit Corporation Law or by a vote of six (6) Directors, subject to the appFoval by a thwe/fifths vote of the City Council. This Section (b) Resignations. Except as provided in this subsection, any Director may resign effective upon giving written notice to the Chairperson of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State of California, no Director may resign when the Corporation would then be left without a duly elected Director or Directors in charge of its affairs. (c) Filling vacancies. All vacancies occurring because of the expiration of terms or for other reasons will be filled by the appointing body as provided in Section 5.03 above. (d) No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.06. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the Corporation or at such other place has been designated by the Board. In the absence of any such designation, meetings shall be held at the principal office of the Corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting. SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS (a) Annual Meeting. The Board shall hold an annual meeting in conjunction with its regularly scheduled meeting for the month of February of each year for the purpose of organization, election of officers and the transaction of other business; provided, however, that the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. A budget for the upcoming fiscal year shall be adopted at the annual meeting each year. The Chairperson, with assistance from the Community Servaues Pireck)F of the City of Diamand BaF and the 'Rvestmen 0 (b) Other Regular Meetings. Other regular meetings shall be held on the third Thursday of each month at 7:00 p.m., at the principal office of the Corporation, or at any other place designated from time to time by resolution of the Board. Said meetings shall be held without notice; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. 7 990727 11393-00001 eeh 0102701.1 (c) Special Meetings. (i) Authority To Call. Special meetings of the Board for any purpose may be called at any time by the Chairperson of the Board, if any, the President or any Vice President, or the Secretary or by a majority of the Directors. (ii) Notice. a. Manner of Giving Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: 1. by personal delivery of written notice; 2. by first-class mail, postage pre -paid; 3. by telephone, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate that notice promptly to the Director; or 4. by telegram, charges prepaid. All such notices shall be given or sent to the Director's address to telephone number as shown on the records of the Corporation. b. Time Requirements. Notices sent by first-class mail shall be deposited in the United States mails at least seven (7) days before the time set for the meeting. Notices given by personal delivery, telephone including FAX transmission, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty- eight (48) hours before the time set for the meeting. c. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation, and the business to be conducted. d. Brown Act Requirements. All annual, regular and special meetings shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and public and all persons shall be permitted to attend any meeting of the Board, provided, however, that the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. SECTION 5.08. QUORUM 8 990727 11393-00001 eeh 0102701.1 A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 5.09. Subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) approval of certain transactions between corporations having common directorship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. SECTION 5.09. WAIVER OF NOTICE Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given by any Director who attends the meeting without protesting before or at its commencement the lack of notice to such Director. SECTION 5.10. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. SECTION 5.11. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be given, unless the original meeting is adjourned for more than twenty-four (24) hours, in which case notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 5.12. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board may be taken without a meeting, if all members of the Board consent in writing to that action. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material financial interest in a transaction to which the Corporation is a party. 9 990727 11393-00001 eeh 0102701.1 SECTION 5.13. FEES AND COMPENSATION This Corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of committees, officers or employees for their reasonable and necessary expenses incurred on behalf of the Corporation, in accordance with such rules and procedures as may be established by the Board of Directors. ARTICLE VI COMMITTEES SECTION 6.01. COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in office, may create one or more committees, each consisting of two or more Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may: (a) fill vacancies on the Board or in any committee which has the authority of the Board; (b) establish or fix compensation of the Directors for serving on the Board or on any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable; (e) appoint any other committees of the Board or the members of these committees; (f) approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board shall be governed by, held and taken in accordance with the provisions of Article V of these Bylaws, concerning meetings and other action of the Board, except that the time for regular meetings of such 10 990727 11393-00001 eeh 0102701.1 committees and the calling of special meetings thereof may be determined either by resolution of the Board or, if there is no Board resolution, by resolution of the committee of the Board. Minutes shall be kept of each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsistent with the provisions of these Bylaws or in the absence of rules adopted by the Board, the committee may adopt such rules. ARTICLE VII OFFICERS SECTION 7.01. OFFICERS The officers of the Corporation shall include a President, a Secretary, and a Chief Financial Officer. The Corporation may also have, at the Board's discretion, a Chairperson of the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Section 7.03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. SECTION 7.02. ELECTION OF OFFICERS The officers of the Corporation, except those appointed in accordance with the provisions of Section 7.03 of this Article VII, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairperson of the Board or the President or another officer to appoint other officers that the Corporation may requires, each of whom shall have the title, hold office for the period, have the authority and perform the duties specified in the Bylaws determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS Subject to the rights, if any, of an officer under contract of employment, any officer may be removed, with or without cause, by the Board of Directors, or, except in case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors. 11 990727 11393-00001 eeh 0102701.1 SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the Corporation without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. SECTION 7.06. VACANCIES IN OFFICE A vacancy occurring in any office because of death, resignation, removal or other cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. SECTION 7.07. RESPONSIBILITIES OF OFFICERS (a) Chairperson of the Board. If a Chairperson of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there is no President, the Chairperson of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the President of the Corporation prescribed by these Bylaws. The Chairperson shall have a vote on all matters. (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the Corporation and shall generally supervise, direct and control the activities and affairs and the officers of the Corporation. The President, in the absence of the Chairperson of the Board, or if there be none, shall preside at all meetings of the Board. The President shall have such other powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Chairperson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform all of the duties of the Chairperson, and, when so acting, shall have all the powers of and be subject to all of the restrictions upon the Chairperson. 12 990727 11393-00001 eeh 0102701.1 (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meetings and actions of the Board and of committees of the Board. The Secretary shall also keep, or cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall assist the Chairperson in the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this Corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, shall supervise the keeping of the books of this Corporation and shall discharge such other duties as pertain to the office or as prescribed by the Board of Directors. (ii) Notices, seal and other duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the seal of the Corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (e) Chief Financial Officer (Treasurer). (i) Books of account. The Chief Financial Officer of the Corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accounts of the properties and transactions of the Corporation, and shall send or cause to be sent to the Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection by any Director at all reasonable times. The Chief Financial Officer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Chief Financial Officer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. (ii) Deposit and disbursement of money and valuables. The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board, shall disburse the funds of the Corporation as may be ordered by the Board, shall render to the President or Chairperson of the Board, if any, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation and shall have other powers and perform such other duties as may be prescribed by the Board or the Bylaws. The Chief Financial Officer shall make a report annually of the uses of the Corporation funds and shall distribute copies to all Directors at the regular annual meeting held in March. (v) Bond. If required by the Board, the Chief Financial Officer 13 990727 11393-00001 eeh 0102701.1 shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office. ARTICLE VIII EXECUTIVE DIRECTOR SECTION 7.01. APPOINTMENT The Board of Directors shall appoint an executive director who shall be qualified to carry out the mission of the Corporation. SECTION 7.02 RESPONSIBILITIES The executive director shall be responsible for the direct supervision of the work of the Corporation. The Executive Director shall submit quarterly reports of the work of the Corporation to the Board of Directors and be responsible for a budget for approval of the Board at the annual meeting. The Executive Director shall be responsible for carrying out the policies and programs of the Corporation. SECTION 7.03 DISMISSAL The executive director may be removed with cause by a four-fifths majority of the Board of Directors at any meeting. ARTICLE VIII INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS SECTION 8.01. DEFINITIONS For the purposes of this Article VIII, "agent" means any person who is or was a director, officer, employee, or other agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; "proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 8.02 or 8.03 of this Article VIII. SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The Corporation shall have power to indemnify any person who was or is a 14 990727 11393-00001 eeh 0102701.1 party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. SECTION 8.03. INDEMNIFICATION IN ACTIONS BY OR IN THE RIGHT OF THE CORPORATION The Corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 8.03. (a) In respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable to the Corporation in the performance of such person's duty to the Corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. 15 990727 11393-00001 eeh 0102701.1 SECTION 8.04. INDEMNIFICATION AGAINST EXPENSES To the extent that a agent of the Corporation has been successful on the merits in defense of any proceeding referred to in Section 8.03 or 8.04 of this Article VIII or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. SECTION 8.05. REQUIRED DETERMINATIONS Except as provided in Section 8.04 of this Article VIII any indemnification under this Article VIII shall be made by the Corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 8.02 or 8.03 of this Article VIII, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application made by the Corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney, or other person rendering services in connection with the defense, is opposed by the Corporation. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board or the attorney or other person rendering services in connection with the defense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. SECTION 8.06. ADVANCE OF EXPENSES Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article VIII. SECTION 8.07. OTHER INDEMNIFICATION No provision made by the Corporation to indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with this Article VIII. Nothing contained in this Article VIII shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. 16 990727 11393-00001 eeh 0102701.1 SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED No indemnification or advance shall be made under this Article VIII, except as provided in Section 8.04 or 8.05(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. SECTION 8.09 INSURANCE The Corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of this Article VIII, provided, however, that a Corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law. SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article VIII does not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in such person's capacity as such, even though such person may also be an agent of the Corporation as defined in Section 8.01 of this Article VIII. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (I) of Section 207 of the California General Corporation Law. 17 990727 11393-00001 eeh 0102701.1 ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep: (a) Adequate and correct books and records of account; (b) Minutes in written form of the proceedings of the Board and committees of the Board. (c) If applicable, a record of its members, giving their names and addresses and the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation and the records of each of its subsidiary Corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, not later than one hundred twenty (120) days after the close of the fiscal year of the Corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail: (i) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year. (ii) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (iii) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. 18 990727 11393-00001 eeh 0102701.1 SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The Corporation shall prepare annually and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the close of the fiscal year of the Corporation: (a) Any transaction to which the Corporation, its parent or its subsidiary was a party, and in which any Director or officer of the Corporation, its parent or subsidiary (but mere common directorship shall not be considered such an interest) had a direct or indirect material financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($50,000). (b) Any indemnifications or advances aggregating more than ten thousand dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to Article VIII hereof. The statement shall include a brief description of the transaction, the names of the Director(s) or officer(s) involved, their relationship to the Corporation, the nature of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated. ARTICLE X SECTION 10.01. INVESTMENT TRUSTEE The Finance Officer of the City of Diamond Bar shall serve as the Investment Trustee for the Foundation. He/She shall have the powers and authority set out below. SECTION 10.02. POWERS OF TRUSTEE (a) In General. The powers of the Investment Trustee shall be limited to investment of the Corporation property. (b) Discretionary Powers. The Investment Trustee shall have the following discretionary powers: (i) To hold the principal and all money or property given to the Trustee to invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically authorized or requires its retention and/or use for a specific purpose. (ii) To invest and re -invest the principal and undistributed income of the funds on deposit with the Trustee in such property, real, personal or mixed and in such a 19 990727 11393-00001 eeh 0102701.1 manner as it shall deem proper for the growth of capital and the production of income, and from time to time change investments as he/she shall deem advisable; to invest in or retain any stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or real property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Corporation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone else, corporate or otherwise, who has at any time made a contribution to this Corporation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate security. (iii) To sell, lease, or exchange any personal, mixed or real property at public auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Corporation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the Corporation. (iv) To borrow money for such periods, at such rates of interest, and upon such terms as it considers advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or personal property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by the Corporation. (v) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (vi) To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale, lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (vii) To hold property without indication of fiduciary capacity but only in the name of a registered nominee, provided the property is at all times identified as such on the books of the Corporation; to keep any and all of the corporate property or funds in any place or places in the United States of America. SECTION 10.03. ACCOUNTING The Investment Trustee shall render an accounting of the investment transaction concerning the Corporation to the Board of Directors at least annually. No 20 990727 11393-00001 eeh 0102701.1 person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Corporation or its assets. The Investment Trustee may at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceedings shall be the Board of Directors. SECTION 10.04. POWERS OF BOARD OF DIRECTORS (a) In General. The Board of Directors, without prejudice to the discretionary powers granted to the Investment Trustee in this Article X, shall have the duty and right to supervise the investments and activities of the Investment Trustee. (b) Specific Powers. The Board of Directors have the following powers with regard to the funds controlled by the Investment Trustee and with respect to the activities and performance of the Investment Trustee: (i) To modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable or public benefit needs of the City of Diamond Bar; (ii) To replace any participating trustee, custodian or agent for breach of fiduciary duty under the laws of the State of California; and (iii) To replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with the Corporation's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors); (iv) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (iii) above, (1) there shall be excluded from such determination such assets as are held for the active conduct of the Corporation's exempt activities, and (2) such determination shall be made separately with respect to the restricted fund and shall be made in the aggregate with respect to the unrestricted funds of the Corporation. A "restricted fund" means a fund, of any income of which has been designated by the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a named charitable organization or agency or for the use or benefit of a particular class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number; 21 990727 11393-00001 eeh 0102701.1 (v) If it appears that there may be grounds for exercising the power described in subparagraphs (ii) or (iii) of paragraph (b) of this Article with respect to any fund, the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (ii) or (iii) of paragraph (b) of this Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Directors shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors; and (vi) Upon the exercise of the power under subparagraphs (ii) or (iii) of paragraph (b) of this Article to replace any participating trustee, custodian, or agent, the Board of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. ARTICLE XI AMENDMENTS SECTION 11.01. AMENDMENT OF BYLAWS A simple majority of the Board may amend the Bylaws at any meeting . However, no such amendment or modification shall alter the excAusVeiy to implement the adopted PaF!(s Master Plan ' of foF cultuFal, Fecreational and hbiman se, vice p -poses and In purpose of this Corporation as set forth in Section 5.03 and/or affect in any manner which shall make this CoFpora*,.;.-- the tax exempt status of this Organization and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. The term "majority," as used in this Section, is as defined in the California Nonprofit Corporation Law. SECTION 11.02. MAINTENANCE OF RECORDS The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation. 22 990727 11393-00001 eeh 0102701.1 ARTICLE XII PROXIES Each member of the Board of Directors shall have one vote. There shall be no proxy voting permitted for the transaction of any of the business of this Corporation. ARTICLE XIII CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. ARTICLE XIV MISCELLANEOUS SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors. SECTION 14.02. EXECUTION OF CONTRACTS The Board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit to render it liable for any purpose or to any amount. SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of the Corporation from time to time designated by general resolution of the Board of Directors, and acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the 23 990727 11393-00001 eeh 0102701.1 Corporation. The authority herein granted to such officers to vote or represent on behalf of the Corporation any and all shares held by the Corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers. SECTION 14.04. LIABILITY OF DIRECTORS AND INVESTMENT TRUSTEE No Investment trustee or member of the Board of Directors shall be answerable for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent, counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the proper person or persons and no Investment Trustee or member of the Board shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth and accuracy of the statement therein contained. SECTION 14.05. CERTIFICATE OF SECRETARY A Certificate of the Secretary of this Corporation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form. CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting Secretary of the Diamond Bar Community Foundation, a California Nonprofit Public Benefit Corporation, that the above bylaws, consisting of twenty-four (24) pages, are the bylaws of this Corporation as adopted by the board of directors on April 16, 2002, and that they have not been amended or modified since that date. Executed on April 19, 2002 at Diamond Bar, California. Secretary 24 990727 11393-00001 eeh 0102701.1 -----Original Message ---- From: David Doyle [maiIto: david.doyle@ci.diamond-bar.ca.us] Sent: Thursday, July 10, 2003 9:06 AM To: mjenkins@localgovlaw.com Subject: FW: FOUNDATION AGENDA Mike I have a Foundation meeting tonight - there is a proposal to amend the bylaws (attached) which removes reference to the City, Council, etc. My question is if these are approved, can the City still provide staff, $$$, etc. to the Foundation or would it be considered a gift of public funds. Once you review, give me a call so we can discuss. Thanks! David Doyle Deputy City Manager City of Diamond Bar 909-839-7012 -----Original Message ---- From: Michael Jenkins [maiIto:mjenkins@localgovlaw.com] Sent: Thursday, July 10, 2003 10:52 AM To: David Doyle Subject: RE: FOUNDATION AGENDA It is not uncommon for a nonprofit formed (and initially controlled) by a city to break away and become independent. In addition to the advantages described in the staff report, it also likely means the nonprofit does not have to comply with the Brown Act and conflict of interest laws. The separation from the City does not mean that the City cannot continue to provide financial assistance to the nonprofit; however, the assistance must be for a city purpose. Hence, it would be necessary to enter into a contract (as we do with the chamber) that calls out specifically how our money will be spent. We do this in West Hollywood with a variety of social service organizations, which use City dollars, pursuant to contract, to provide specific benefits to city residents. Providing staff assistance is slightly more complicated than dollars, because if the organization is separate, City staff should not be staffing it; otherwise, it will create an appearance that is exactly opposite what they are trying to accomplish -- i.e. create a separate identity. It would not be a gift of funds for the city to provide occasional staff assistance, any more so than providing money, but we should not be in a position of providing routine staffing for the foundation. That is why, I suspect, the redline by-laws provide for the hiring of an executive director. Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL CLOSED SESSION AND STUDY SESSION JULY 15, 2003 CLOSED SESSION: M/Herrera called the Study Session to order at4:30 p.m. in Room CC -8 of the Government Center/South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James De Stefano, Deputy City Manager; and David Liu, Public Works Director. CA/Jenkins announced that there was a need to take action relative to the appeal of an adverse decision by a Federal Court case, Coalition for Practical Regulations (CPR) v. Regional Water Contro I Board, et al. trash, (TMDL), Case No. C -02 -5244 -SBA. This decision came to the City after the posting of the Agenda. After receiving a 5-0 vote, this item was then added to the Council's Closed Session agenda. Public Comments: None The City Council then went into closed session. Discussion took place regarding the agendized item — Anticipated Litigation — Government Code Section 54945.9(b) — one case and the added item. ADJOURNMENT: There being no further business, the Closed Session was recessed to the Study Session at 5:05 p.m. CA/Jenkins reported that at approximately 4:35 p.m. the City Council held a closed session. The City Council added a Federal Court Case for the Coalition for Practical Regulations (CPR) v. Region al Water Control Board, et al. trash, (TMDL), Case No. C -02 -5244 -SBA, finding the need to take action relative to an appeal of adverse Federal Court's decision that came to the City after the posting of the Agenda. After receiving a 5-0 vote, this item was then added to the Council's Closed Session agenda. The Mayor then solicited public comments related to the listed item on the Agenda relative to a threat of litigation from the Law Firm of Allan Matkins and the item added. There being none, Council entered into Closed Session. Further, CA/Jenkins cited that the one reportable action of the Closed Session was, by unanimous vote, to approve the City's participation in the appeal of the JULY 15, 2003 PAGE 2 STUDY SESSION Ninth Circuit Court of Appeal of the Trash/TMDL litigation against the Water Quality Control Board. In addition, CA/Jenkins reported that there is no reportable action on the item listed on the agenda. STUDY SESSION: M/Herrera called the Study Session to order at 5:05 p.m. in Room CC -8 of the government Center/South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolhoda, Senior Engineer; Kim Crews, Senior Management Analyst; Sharon Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant; and Nancy Whitehouse, Acting City Clerk. Amendment of Certificate/R ecognition Policy — CM/Lowry gave the report citing that the current policy permits certificates to be issued at the request of any Council Member. She commented that "2.a" should include "and certificate plaques", clarifying that this form of recognition has been introduced within the past two years; "2.c" should include "or Commissioner", and 1. Provisions for City Council member Recognition" end after will apply." M/Herrera commented on the difficulties when outlining specific circumstances for presentations. MPT/Huff stated that, even though the policy does not specify individual Council members, theoriginal policy stay intact. There was discussion as to the need to address this matter. C/O'Connor indicated that she had never "individually" requested a certificate, was not aware of any difficulties, and to retain the policy as is. She concurred with M/Herrera that attempting to itemize is difficult as some categories may inadvertently be omitted. C/Chang commented that every effort is made by staff to acquire all Council's signatures for the certificates but sometimes that is not possible. It is the individual Council Member's responsibility in presenting certificates appropriately. Brief discussion continued citing convenience and authorization in using electronic signatures. It was the consensus of Council to table the item until August 5; having the policy retain a general approach. Amendment Defining Use of Individualize d City Council Stationery — M/Herrera gave a brief report. JULY 15, 2003 PAGE 3 STUDY SESSION CM/Lowry commented that the policy also addresses staffs use of computers during personal -time, break times, lunch, and afterwork hours. C/O'Connor and C/Zirbes commented on retain ing the policy in pl ace. MPT/Huff had no problem with the language being suggested. C/Chang indicated that the policies are guidelines, it's the responsibility of the individual Council member, and that it should be used with good faith. Brief discussion followed as to the need to address the matter this evening and reviewing the policy in a piecemeal manner . It was the consensus of Council to table the issue and reschedule itfor the August 5 meeting. Starshine Park ADA and Park Improvement Project Presentation — CSD/Rose gave the report citing that the City is a recipient of $84,338, and that at this time, the balance of the project's cost is approximately $160,000. Additional grant application has been submitted to the Waste Tire Playground Cover Grant Program, and that the City is possibly eligible to receive more funding through Prop 12 and Prop 40. He further reported that repairs are necessary as the current equipment has been damaged, that a neighborhood meeting was held and concerns were expressed to include equipment for elementary and pre-school ages, and that it was the Parks & Recreation Commission's recommendation to have Council review this project to be included in the FY 2003-2004 budget. CSD/Rose responded to MPT/Huff that the transition was initially planned in 1991 within the Master Plan, that Diamond Bar has demonstrated a good -faith effort, approximately 5 out of 12 parks have been ADA retrofitted, and that the Grant Funding would not be in jeopardy if not used immediately. M/Herrera stated that the FY 2003-2004 budget has already been adopted and cited the importance to stay within budget, especially since it is not known what the State is going to do, and that unless it is critical, the item be considered in next year's budget. MPT/Huff and C/Chang concurred. Goals and Objectives for FY 2003-04 — DCM Doyle provided reports that prioritized the rankings and the methodolog y used. He suggested Council review and discuss to give staff a clearer picture. He commented that some items have 0's and X's, should they receive three or more, that item woul d be removed from the list. This resulted in the following: Page 1 : Council Appointed Committees — leave on the list. Code of Ethics and Council Policy— should be merged JULY 15, 2003 PAGE 4 STUDY SESSION Page 2: Comprehensive Ordinance - should be merged with Part-time Neighborhood Improvement Officer on page 6. Discussion included management of signs, difficulties encountered during election years, requiring fees and/or deposits from candidates, and the enforcem ent of violations. CA/Jenkins referenced an analysis involving categories and procedures to enforce removal of election signs on pub lic property versus private property. JCC Donation - leave on the list. Page 3: Develop entry signs - leave on the list. Pape 4: City-wide speeding - leave on the list. Computerized Signal Management System -should be merged with next item, In-house traffic signal synchronization system. Bike Lane along Grand Avenue - remove. Hire Consultant to study In -town shuttle service- remove. Pape 5: Work with Chamber of Commerce - leave on the list. Work with County/acquiring DB Golf Course - leave on the list. Page 6: Establish departmental procedures - leave on the list. Part-time Neighborhood Improvement Officer - merge with Comprehensive Ordinance on Page 2. Page 7: Review parking ordinances - leave on the list. Develop Cost/Benefit - leave on the list. Utilize DBTV - remove. Discussion included current programming versus . Compile list of properties - leave on the list. JULY 15, 2003 PAGE 5 STUDY SESSION Study alternate uses of library site — remove. "Mayor/Council Member for a day" program — remove. Adjournment: There being no further business, M/Herrera recessed the Study Session at 6:30 p.m. to the Regular Meeting of the City Council. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this --- day of-----------, 2003. Carol Herrera, Mayor JULY 15, 2003 PAGE 2 STUDY SESSION In addition, CA/Jenkins reported that there is no reportabf action on the item listed on the agenda. STUDY SESSION: M/Herrera called the Study Session to order at 5:05 p.m. in Room CC -8 of the government Center/South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolhoda, Senior Engineer; Kim Crews, Senior Management Analyst; Sharon Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant; and Nancy Whitehouse, Acting City Clerk. ► Amendment of Certificate/Recognition Policy — CM/Lowry gave the report citing that the current policy permits certificates to be issued at the request of any Council Member. She commented that "2.a" should include "and certificate plaques", clarifying that this form of recognition has been introduced within the past two years; "2.c" should include "or Commissioner", and "3. Provisions for City Council member Recognition" end after "....will apply." M/Herrera commented on the difficulties when outlining specific circumstances for presentations. MPT/Huff stated that, even though the policy does not specify individual Council members, the original policy stay intact. There was discussion as to the need to address this matter. C/O'Connor indicated that she had never "individually" requested a certificate, was not aware of any difficulties, and to retain the policy as is. She concurred with M/Herrera that attempting to itemize is difficult as some categories may inadvertently be omitted. C/Chang commented that every effort is made by staff to acquire all Council's signatures for the certificates but sometimes that is not possible. It is the individual Council Member's responsibility in presenting certificates appropriately. Brief discussion continued citing convenience and authorization in using electronic signatures. It was the consensus of Council to table the item until August 5; having the policy retain a general approach. ► Amendment Defining Use of Individualized City Council Stationery — M/Herrera gave a brief report. JULY 15, 2003 PAGE 3 "4-W , STUDY SESSION CM/Lowry commented that the policy also addresses staff's use of computers during personal -time, break times, lunch, and afterwork hours. C/O'Connor and C/Zirbes commented on retaining the policy in place. MPT/Huff had no problem with the language being suggested. C/Chang indicated that the policies are guidelines, it's the responsibility of the individual Council member, and that it should be used with good faith. Brief discussion followed as to the need to address the matter this evening and reviewing the policy in a piecemeal manner. It was the consensus of Council to table the issue and reschedule it for the August 5 meeting. No. Starshine Park ADA and Park Improvement Project Presentation — CSD/Rose gave the report citing that the City is a recipient of $84,338, and that at this time, the balance of the project's cost is approximately $160,000. Additional grant application has been submitted to the Waste Tire Playground Cover Grant Program, and that the City is possibly eligible to receive more funding through Prop 12 and Prop 40. He further reported that repairs are necessary as the current equipment has been damaged, that a neighborhood meeting was held and concerns were expressed to include equipment for elementary and pre-school ages, and that it was the Parks & Recreation Commission's recommendation to have Council review this project to be included in the FY 2003-2004 budget. CSD/Rose responded to MPT/Huff that the transition was initially planned in 1991 within the Master Plan, that Diamond Bar has demonstrated a good -faith effort, approximately 5 out of 12 parks have been ADA retrofitted, and that the Grant Funding would not be in jeopardy if not used immediately. M/Herrera stated that the FY 2003-2004 budget has already been adopted and cited the importance to stay within budget, especially since it is not known what the State is going to do, and that unless it is critical, the item be considered in next year's budget. MPT/Huff and C/Chang concurred. ► Goals and Objectives for FY 2003-04 — DCM Doyle provided reports that prioritized the rankings and the methodology used. He suggested Council review and discuss to give staff a clearer picture. He commented that some items have 0's and X's, should they receive three or more, that item would be removed from the list. This resulted in the following: Page 1: Council Appointed Committees — leave on the list. Code of Ethics and Council Policy — should be merged. JULY 15, 2003 PAGE 4 '412, STUDY SESSION Page 2: Comprehensive Ordinance — should be merged with Part-time Neighborhood Improvement Officer on page 6. Discussion included management of signs, difficulties encountered during election years, requiring fees and/or deposits from candidates, and the enforcement of violations. CA/Jenkins referenced an analysis involving categories and procedures to enforce removal of election signs on public property versus private property. JCC Donation — leave on the list. Page 3: Develop entry signs — leave on the list. Page 4: City-wide speeding — leave on the list. Computerized Signal Management System — should be merged with next item, In-house traffic signal synchronization system. Bike Lane along Grand Avenue — remove. Hire Consultant to study In -town shuttle service — remove. Page 5: Work with Chamber of Commerce — leave on the list. Work with County/acquiring DB Golf Course — leave on the list. Page 6: Establish departmental procedures — leave on the list. Part-time Neighborhood Improvement Officer — merge with Comprehensive Ordinance on Page 2. Page 7: Review parking ordinances — leave on the list. Develop Cost/Benefit — leave on the list. Utilize DBTV — remove. Discussion included current programming versus . Compile list of properties — leave on the list. JULY 15, 2003 PAGE 5 STUDY SESSION Study alternate uses of library site — remove. "Mayor/Council Member for a day" program — remove. Adjournment: There being no further business, M/Herrera recessed the Study Session at 6:30 p.m. to the Regular Meeting of the City Council. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this _ day of , 2003. Carol Herrera, Mayor JULY 15, 2003 PAGE 2 STUDY SESSION In addition, CA/Jenkins reported that there is no reportab(action on the item listed on the agenda. STUDY SESSION: M/Herrera called the Study Session to order at 5:05 p.m. in Room CC-8 of the government Center/South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tern Huff, and Mayor Herrera. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolhoda, Senior Engineer; Kim Crews, Senior Management Analyst; Sharon Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant; and Nancy Whitehouse, Acting City Clerk. - Amendment of Certificate/Recognition Policy - CM/Lowry gave the report citing that the current policy permits certificates to be issued at the request of any Council Member. She commented that "2.a" should include "and certificate plaques", clarifying that this form of recognition has been introduced within the past two years; "2.c" should include "or Commissioner", and "3. Provisions for City Council member Recognition" end after will apply." M/Herrera commented on the difficulties when outlining specific circumstances for presentations. MPT/Huff stated that, even though the policy does not specify individual Council members, the original policy stay intact. There was discussion as to the need to address this matter. C/O'Connor indicated that she had never "individually" requested a certificate, was not aware of any difficulties, and to retain the policy as is. She concurred with M/Herrera that attempting to itemize is difficult as some categories may inadvertently be omitted. C/Chang commented that every effort is made by staff to acquire all Council's signatures for the certificates but sometimes that is not possible. It is the individual Council Member's responsibility in presenting certificates appropriately. Brief discussion continued citing convenience and authorization in using electronic signatures. It was the consensus of Council to table the item until August 5; having the policy retain a general approach. - Amendment Defining Use of Individualized City Council Stationery - M/Herrera gave a brief report. JULY 15, 2003 PAGE 3 STUDY SESSION CM/Lowry commented that the policy also addresses sta fs use of computers during personal-time, break times, lunch, and afterwork hours. C/O'Connor and C/Zirbes commented on retaining the policy in place. MPT/Huff had no problem with the language being suggested. C/Chang indicated that the policies are guidelines, it's the responsibility of the individual Council member, and that it should be used with good faith. Brief discussion followed as to the need to address the matter this evening and reviewing the policy in a piecemeal manner. It was the consensus of Council to table the issue and reschedule it for the August 5 meeting. - Starshine Park ADA and Park Improvement Project Presentation - CSD/Rose gave the report citing that the City is a recipient of $84,338, and that at this time, the balance of the project's cost is approximately $160,000. Additional grant application has been submitted to the Waste Tire Playground Cover Grant Program, and that the City is possibly eligible to receive more funding through Prop 12 and Prop 40. He further reported that repairs are necessary as the current equipment has been damaged, that a neighborhood meeting was held and concerns were expressed to include equipment for elementary and pre-school ages, and that it was the Parks & Recreation Commission's recommendation to have Council review this project to be included in the FY 2003-2004 budget. CSD/Rose responded to MPT/Huff that the transition was initially planned in 1991 within the Master Plan, that Diamond Bar has demonstrated a good-faith effort, approximately 5 out of 12 parks have been ADA retrofitted, and that the Grant Funding would not be in jeopardy if not used immediately. M/Herrera stated that the FY 2003-2004 budget has already been adopted and cited the importance to stay within budget, especially since it is not known what the State is going to do, and that unless it is critical, the item be considered in next year's budget. MPT/Huff and C/Chang concurred. - Goals and Objectives for FY 2003-04 - DCM Doyle provided reports that prioritized the rankings and the methodology used. He suggested Council review and discuss to give staff a clearer picture. He commented that some items have 0's and X's, should they receive three or more, that item would be removed from the list. This resulted in the following: Page 1: Council Appointed Committees - leave on the list. Code of Ethics and Council Policy - should be merged. JULY 15, 2003 PAGE 4 Page 2: Comprehensive Ordinance - should be merged with Part-time Neighborhood Improvement Officer on page 6. Discussion included management of signs, difficulties encountered during election years, requiring fees and/or deposits from candidates, and the enforcement of violations. CA/Jenkins referenced an analysis involving categories and procedures to enforce removal of election signs on public property versus private property. JCC Donation - leave on the list. Page 3: Develop entry signs - leave on the list. Page 4: City-wide speeding - leave on the list. Computerized Signal Management System - should be merged with next item, In-house traffic signal synchronization system. Bike Lane along Grand Avenue - remove. Hire Consultant to study In -town shuttle service - remove. Page 5: Work with Chamber of Commerce - leave on the list. Work with County/acquiring DB Golf Course - leave on the list. Page 6: Establish departmental procedures - leave on the list. Part-time Neighborhood Improvement Officer - merge with Comprehensive Ordinance on Page 2. Page 7: Review parking ordinances - leave on the list. Develop Cost/Benefit - leave on the list. Utilize DBTV - remove. Discussion included current programming versus . Compile list of properties - leave on the list. JULY 15, 2003 PAGE 5 Study alternate uses of library site - remove. "Mayor/Council Member for a day" program - remove. STUDY SESSION Adjournment: There being no further business, M/Herrera recessed the Study Session at 6:30 p.m. to the Regular Meeting of the City Council. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this day of , 2003. Carol Herrera, Mayor Agenda No. 6.1.2 MINUTES OF THE DIAMOND BAR CITY COUNCIL REGULAR MEETING JULY 15, 2003 CALL TO ORDER: M/Herrera called the Regular City Council Meeting to order at 6:30 p.m. in the Government Center/South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, CA. CA/Jenkins reported that at approximately 4:35 p.m. the City Council held a closed session. The City Council added a Federal Court Case for the Coalition for Practical Regulations (CPR) v. Region al Water Control Board, et al. trash, (TMDL), Case No. C -02 -5244 -SBA, finding the need to take action relative to an appeal of adverse Federal Court's decision that came to the City after the posting of the Agenda. After receiving a 5-0 vote, this item was then added to the Council's Closed Session agenda. The Mayor then solicited public comments related to the listed item on the Agenda relative to a threat of litigation from the Law Firm of Allan Matkins and the item added. There being none, Council entered into Closed Session. Further, CA/Jenkins cited that the one reportable action of the Closed Session was, by unanimous vote, to approve the City's participation in the appeal of the Ninth Circuit Court of Appeal of the Trash/TMDL litigation against the Water Quality Control Board. In addition, CA/Jenkins reported that there is no reportable action on the item listed on the agenda. PLEDGE OF ALLEGIANCE: M/Herrera lead the Pledge of Allegiance. INVOCATION: Dr. James Preice, Diamond Canyon Christian Center ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Linda Magnuson, Finance Director; David Liu, Public Works Director; Bob Rose, Community Services Director; April Blakey, Public Information Manager; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; Tommye Cribbins, Acting Executive Assistant; Captain Alex Yim and Lt. Joe Maxey, Sheriffs Department; Assistant Chief John Nieto, Fire Department; and Nancy Whitehouse, Acting City Clerk. APPROVAL OF AGENDA: CM/Lowry reported that the City Council discussed the Council's certificate/reco gnition policy, Consent Calendar, Item 6.12, with JULY 15, 2003 PAGE 2 CITY COUNCIL MEETING staff at the Study Session. It was determined to remove the item from this evening's Consent Calendar and reschedule it to the August 5, 2003, meeting. Further, that Consent Calendar Item 6.13 will also be rescheduled to the August 5, 2003, agenda. After reviewing the Goals and Objectives, staff will bring back the prioritized listing atthe next meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Certificate Proclaiming Probation and Parole Officers' Week, July 20-26, 2003. Presentation of City tile to APR Consulting, Inc. as business of the Month, for July 2003, and display of Busi ness of the Month video. CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. PUBLIC COMMENTS: Denise Amid commented that her daughter Alyssa attends the City's Summer Day Camp Program. She cited the mechanical deficiency that caused a slight explosion on the bus while traveling back the excursion to the beach on July 9, and lauded City staff and volunteers in their quick and professional response to assure comfort and safety of the children. They demonstrated a proficiency and efficiency in working with the CHP and bus driver. Further, the City is to be commended for the training that is provided to staff. They have never experienced any incidents in the four years that her daughter has attended the City's programs. She expressed high commendations to Camp Leaders Desiree Antuna and Arthur Garcia, as well as the Volunteers, Bryan Norden, Leslie Ross, and Caitlen Kemble. SCHEDULE OF FUTURE EVENTS: CM/Lowry identified the following: 5.1 CONCERT IN THE PARK- CHICO ( Latin) — July 16, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 PLANNING COMMISSION MEETING — July 22, 2003 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 5.3 CONCERT IN THE PARK — ROCKIT SCIENTISTS (50's) — July 23, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. 5.4 PARKS AND RECREATION COMMISSION MEETING — July 24, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CONCERT IN THE PARK — SIL VERADOS (Country) — July 30, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. JULY 15, 2003 PAGE 3 CITY COUNCIL MEETING 5.6 PUBLIC SAFETY COMMITTEE — August 4, 2003 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Boulevard, Walnut. 5.7 CITY COUNCIL MEETING — August 5, 2003 — 6:30 p.m., Government Center/ AQMD Auditorium, 21865 E. Copley Drive. CONSENT CALENDAR: C/Chang announced that Item 6.1.4, page 2, last paragraph under his comments, should be amended to read, "the remainder amount can be matched through his personal fund." C/Zirbes moved, C/Chang seconded, to approve the Consent Calendar with the amendment to 6.1.4 as stated, and the removal of items 6.7, 6.12, and 6.13. Motion was carried bythe following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, and M/Herrera NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. 6.1 Approved City Council Minutes 6.1.1 Joint Meeting of the City Council and Parks and Recreation Commission of May 27, 2003. 6.1.2 Study Session of June 17. 6.1.3 Regular Meeting of June 17, 2003. 6.1.4 Study Session of July 1, 2003. 6.1.5 Regular Meeting of July 1,2003. 6.2 Received and Filed Planning Commission Minutes - Regular Meeting of June 10, 2003. 6.3 Received and Filed Parks & Recreation Commission Minutes — Regular Meeting of May 22, 2003. 6.4 Approved Warrant Registers dated July 3, 200 3, and July 10, 2003, totaling $762,244.28. 6.5 Authorized the City Clerk to file the Notice of Completions and release any retention amount thirty-five days after the recordation date for the traffic signal improvement project atthe intersections of Diamond Bar Boulevard at Silver Hawk Drive; Diamond Bar Boulevard at Clear Creek Canyon Drive; Golden Springs Drive at Sylvan Glen Road; and Diamond Bar Boulevard at Sr -57 Northbound On -Ramp. JULY 15, 2003 PAGE 4 CITY COUNCIL MEETING 6.6 Adopted Resolution No. 2003-46: Opposing AB 1268 (Wiggins) Land Use 6.7 Removed and rescheduled to August 5, 2003 , Adopt Resolution No. 2003- 47 Amending "Section 8 — Use Of City Media" Of Resolution No. 96-28 Defining Use Of Individualized City Council Stationery. 6.8 Adopted Resolution No. 2003-48: Authorizing Investment Monies In The Local Agency Investment Fund and Cha nging Titles of Those Authorized To Make Deposits And Withdrawal Of Monies. 6.9 Approved Annual Extension of the Agreement with Tennis Anyone for recreational tennis instruction for FY 2003-04 for an amount not to exceed $45,000. 6.10 Approved Salary Increase For City Manager. 6.11 Approved Revised January through May 2003 Treasurer's Statements. 6.12 Removed and rescheduled to August 5, 2003, Consider Amendment Of Certificate/Reco gnition Policy. 6.13 Removed and rescheduled to August 5, 2003 ; Approval Of Goals And Objectives For FY 2003-2004. PUBLIC HEARINGS: None. COUNCIL CONSDIERATION: None. 7:10 p.m. -Recessed the meeting to the Public Financing Authority. 7:15 p.m. — Reconvened the City Council meeting. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/O'Connor thanked staff for a wonderful July 4 celebration, reporting that over 7,000 people was in attendance, as well as staffs efforts with the DB Community Foundation sponsored Concert in the Park. She extended an invitation to everyone to attend and participate atthe concerts. She commented that the Foundation has raised over $60,000 with the tile orders and that the first order has been submitted and will be ready for the Community/Senior Center Grand Opening. Further, that the multi -tile arrangement costs are slightly more than anticipated, referring to the Mayors -tile array that takes 16 tiles at$100 per tile, JULY 15, 2003 PAGE 5 CITY COUNCIL MEETING bringing the total amount to $1,600 for the Mayors' tiles. The multi -tile arrays and their costs will be revisited. She announced that there are still community tiles available. C/Zirbes agreed that the fireworks events were terrific. He stated that he attended the CalTrans monthly meeting on July 9 and that there were approximately 60 people in attendance, the majority from south of Golden Springs and east of Brea Canyon. These were the residents that would be experiencing a major impact with the closures. He stated that the community should look for signs by CalTrans, which should beforthcoming, and that the City will make every effort to keep the community posted, via the website and DBTV. He commented that he was encouraged with the direction Council and the City are headed and that he is proud to serve the community; that Diamond Bar is a desirable city in which to live. C/Chang concurred with Council members regarding the July 4 event and expressed compliments to staff on thei r efforts and to the community in supporting the event. He was glad to be able to bring a healthy and enjoyable event to the community. Healso cited the desirability to live in Diamond Bar and that the characteristic for this include a well-maintaine d city, it's a friendly community, and the quality of life is exceptional. MPT/Huff reported that he attended the Senior's Western Bar-b-que and He stated that the July 4 event was nice and that the service clubs not only had a good time, but that itwas also a profitable fundraiser for them. He reported that, as president, he also attended a meeting of the Council of Governments, on July 8, and cited the hurdles in trying to get a consensus of 31 cities to meet to outline an agenda. Further, the Four Corners Transportation Committee met yesterday. They are attempting to nurture projects that would not necessarily receive support since they're on the "fringe" of the counties, such as Diamond Bar that experiences traffic impacts that actually start in San Bernardino County. The Transportation Committee attempts to pool resources to produce a greater impact; they assisted Pomona in the lobbying for funds to get the interchange at Mission and the 71. A listhad been developed several years ago, this meeting was primarily updates. He reported that funding has disappeared due to the State's situation, citing how the 71 Road, between the 60 and 10 Freeways, scheduled to be up- graded to a freeway was pulled and now they are looking at construction in the next 6-8 years. JULY 15, 2003 PAGE 6 CITY COUNCIL MEETING M/Herrera also thanked staff for their preparation of the July celebration. She reported that the City of Dia mond Bar does not have a large number of staff; that they work hard and does a good job. Further, she concurs that Diamond Bar is the place to live, wonderful do the public safety commitment and attendance. Adjournment: There being no further business, M/Herrera adjourned the meeting at 7:27 p.m. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this ___ day of___________, 2003. Carol Herrera, Mayor JULY 15, 2003 PAGE 2 'LAITY COUNCIL MEETING Further, that Consent Calendar Item 6.13 will also be rescheduled to the August 5, 2003, agenda. After reviewing the Goals and Objectives, staff will bring back the prioritized listing at the next meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Certificate Proclaiming Probation and Parole Officers' Week, July 20-26, 2003. Presentation of City tile to APR Consulting, Inc. as business of the Month, for July 2003, and display of Business of the Month video. CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. PUBLIC COMMENTS: Denise Amid commented that her daughter Alyssa attends the City's Summer Day Camp Program. She cited the mechanical deficiency that caused a slight explosion on the bus while traveling back the excursion to the beach on July 9, and lauded City staff and volunteens in their quick and professional response to assure comfort and safety of the children. They demonstrated a proficiency and efficiency in working with the CHP and bus driver. Further, the City is to be commended for the training that is provided to staff. They have never experienced any incidents in the four years that her daughter has attended the City's programs. She expressed high commendations to Camp Leaders Desiree Antuna and Arthur Garcia, as well as the Volunteens, Bryan Norden, Leslie Ross, and Caitlen Kemble. SCHEDULE OF FUTURE EVENTS: CM/Lowry identified the following: 5.1 CONCERT IN THE PARK- CHICO ( Latin) — July 16, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 PLANNING COMMISSION MEETING — July 22, 2003 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 5.3 CONCERT IN THE PARK — ROCKIT SCIENTISTS (50's) — July 23, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. 5.4 PARKS AND RECREATION COMMISSION MEETING —July 24, 2003 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CONCERT IN THE PARK — SILVERADOS (Country) — July 30, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. JULY 15, 2003 PAGE 3 . CITY COUNCIL MEETING 5.6 PUBLIC SAFETY COMMITTEE — August 4, 2003 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Boulevard, Walnut. 5.7 CITY COUNCIL MEETING —August 5,2003-6:30 p.m., Government Center/ AQMD Auditorium, 21865 E. Copley Drive. CONSENT CALENDAR: C/Chang announced that Item 6.1.4, page 2, last paragraph under his comments, should be amended to read, "the remainder amount can be matched through his personal fund." C/Zirbes moved, C/Chang seconded, to approve the Consent Calendar with the amendment to 6.1.4 as stated, and the removal of items 6.7, 6.12, and 6.13. Motion was carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, and M/Herrera NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. 6.1 Approved City Council Minutes: 6.1.1 Joint Meeting of the City Council and Parks and Recreation Commission of May 27, 2003. 6.1.2 Study Session of June 17. 6.1.3 Regular Meeting of June 17, 2003. 6.1.4 Study Session of July 1, 2003. 6.1.5 Regular Meeting of July 1, 2003. 6.2 Received and Filed Planning Commission Minutes - Regular Meeting of June 10, 2003. 6.3 Received and Filed Parks & Recreation Commission Minutes — Regular Meeting of May 22, 2003. 6.4 Approved Warrant Registers dated July 3, 2003, and July 10, 2003, totaling $762,244.28. 6.5 Authorized the City Clerk to file the Notice of Completions and release any retention amount thirty-five days after the recordation date for the traffic signal improvement project at the intersections of Diamond Bar Boulevard at Silver Hawk Drive; Diamond Bar Boulevard at Clear Creek Canyon Drive; Golden Springs Drive at Sylvan Glen Road; and Diamond Bar Boulevard at Sr -57 Northbound On -Ramp. JULY 15, 2003 PAGE 4 lot7,CITY COUNCIL MEETING 6.6 Adopted Resolution No. 2003-46: Opposing AB 1268 (Wiggins) Land Use. 6.7 Removed and rescheduled to August 5, 2003, Adopt Resolution No. 2003- 47 Amending "Section 8 — Use Of City Media" Of Resolution No. 96-28 Defining Use Of Individualized City Council Stationery. 6.8 Adopted Resolution No. 2003-48: Authorizing Investment Monies In The Local Agency Investment Fund and Changing Titles of Those Authorized To Make Deposits And Withdrawal Of Monies. 6.9 Approved Annual Extension of the Agreement with Tennis Anyone for recreational tennis instruction for FY 2003-04 for an amount not to exceed $45,000. 6.10 Approved Salary Increase For City Manager. 6.11 Approved Revised January through May 2003 Treasurer's Statements. 6.12 Removed and rescheduled to August 5, 2003, Consider Amendment Of Certificate/Recognition Policy. 6.13 Removed and rescheduled to August 5, 2003, Approval Of Goals And Objectives For FY 2003-2004. PUBLIC HEARINGS: None. COUNCIL CONSDIERATION: None. 7:10 p.m. - Recessed the meeting to the Public Financing Authority. 7:15 p.m. — Reconvened the City Council meeting. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/O'Connor thanked staff for a wonderful July 4 celebration, reporting that over 7,000 people was in attendance, as well as staff's efforts with the DB Community Foundation sponsored Concert in the Park. She extended an invitation to everyone to attend and participate at the concerts. She commented that the Foundation has raised over $60,000 with the tile orders and that the first order has been submitted and will be ready for the Community/Senior Center Grand Opening. Further, that the multi -tile arrangement costs are slightly more than anticipated, referring to the Mayors -tile array that takes 16 tiles at $100 per tile, JULY 15, 2003 PAGE 5 . 1TY COUNCIL MEETING bringing the total amount to $1,600 for the Mayors' tiles. The multi -tile arrays and their costs will be revisited. She announced that there are still community tiles available. C/Zirbes agreed that the fireworks events were terrific. He stated that he attended the CalTrans monthly meeting on July 9 and that there were approximately 60 people in attendance, the majority from south of Golden Springs and east of Brea Canyon. These were the residents that would be experiencing a major impact with the closures. He stated that the community should look for signs by CalTrans, which should be forthcoming, and that the City will make every effort to keep the community posted, via the website and DBTV. He commented that he was encouraged with the direction Council and the City are headed and that he is proud to serve the community; that Diamond Bar is a desirable city in which to live. C/Chang concurred with Council members regarding the July 4 event and expressed compliments to staff on their efforts and to the community in supporting the event. He was glad to be able to bring a healthy and enjoyable event to the community. He also cited the desirability to live in Diamond Bar and that the characteristic for this include a well-maintained city, it's a friendly community, and the quality of life is exceptional. MPT/Huff reported that he attended the Senior's Western Bar-b-que and He stated that the July 4 event was nice and that the service clubs not only had a good time, but that it was also a profitable fundraiser for them. He reported that, as president, he also attended a meeting of the Council of Governments, on July 8, and cited the hurdles in trying to get a consensus of 31 cities to meet to outline an agenda. Further, the Four Corners Transportation Committee met yesterday. They are attempting to nurture projects that would not necessarily receive support since they're on the "fringe" of the counties, such as Diamond Bar that experiences traffic impacts that actually start in San Bernardino County. The Transportation Committee attempts to pool resources to produce a greater impact; they assisted Pomona in the lobbying for funds to get the interchange at Mission and the 71. A list had been developed several years ago, this meeting was primarily updates. He reported that funding has disappeared due to the State's situation, citing how the 71 Road, between the 60 and 10 Freeways, scheduled to be up- graded to a freeway was pulled and now they are looking at construction in the next 6-8 years. JULY 15, 2003 PAGE 6 -1—,* CITY COUNCIL MEETING M/Herrera also thanked staff for their preparation of'ihe July celebration. She reported that the City of Diamond Bar does not have a large number of staff; that they work hard and does a good job. Further, she concurs that Diamond Bar is the place to live, wonderful do the public safety commitment and attendance. Adjournment: There being no further business, M/Herrera adjourned the meeting at 7:27 p.m. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this day of , 2003. Carol Herrera, Mayor JULY 15, 2003 PAGE 2 W, ITY COUNCIL MEETING Further, that Consent Calendar Item 6.13 will also be rescheduled to the August 5, 2003, agenda. After reviewing the Goals and Objectives, staff will bring back the prioritized listing at the next meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Certificate Proclaiming Probation and Parole Officers' Week, July 20-26, 2003. Presentation of City tile to APR Consulting, Inc. as business of the Month, for July 2003, and display of Business of the Month video. CITY MANAGER REPORTS AND RECOMMENDATIONS: None offered. PUBLIC COMMENTS: Denise Amiri commented that her daughter Alyssa attends the City's Summer Day Camp Program. She cited the mechanical deficiency that caused a slight explosion on the bus while traveling back the excursion to the beach on July 9, and lauded City staff and volunteens in their quick and professional response to assure comfort and safety of the children. They demonstrated a proficiency and efficiency in working with the CHP and bus driver. Further, the City is to be commended for the training that is provided to staff. They have never experienced any incidents in the four years that her daughter has attended the City's programs. She expressed high commendations to Camp Leaders Desiree Antuna and Arthur Garcia, as well as the Volunteens, Bryan Norden, Leslie Ross, and Caitlen Kemble. SCHEDULE OF FUTURE EVENTS: CM/Lowry identified the following: 5.1 CONCERT IN THE PARK- CHICO ( Latin) - July 16, 2003 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 PLANNING COMMISSION MEETING - July 22, 2003 - 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 5.3 CONCERT IN THE PARK - ROCKIT SCIENTISTS (50's) - July 23,2003- 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. 5.4 PARKS AND RECREATION COMMISSION MEETING - July 24,2003- 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 CONCERT IN THE PARK - SILVERADOS (Country) - July 30, 2003 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spring Drive. JULY 15, 2003 PAGE 3 ' ITY COUNCIL MEETING 5.6 PUBLIC SAFETY COMMITTEE - August 4, 2003 - 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Boulevard, Walnut. 5.7 CITY COUNCIL MEETING - August 5,2003-6:30 p.m., Government Center/ AQMD Auditorium, 21865 E. Copley Drive. CONSENT CALENDAR: C/Chang announced that Item 6.1.4, page 2, last paragraph under his comments, should be amended to read, "the remainder amount can be matched through his personal fund." C/Zirbes moved, C/Chang seconded, to approve the Consent Calendar with the amendment to 6.1.4 as stated, and the removal of items 6.7, 6.12, and 6.13. Motion was carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, and M/Herrera NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. 6.1 Approved City Council Minutes: 6.1.1 Joint Meeting of the City Council and Parks and Recreation Commission of May 27, 2003. 6.1.2 Study Session of June 17. 6.1.3 Regular Meeting of June 17, 2003. 6.1.4 Study Session of July 1, 2003. 6.1.5 Regular Meeting of July 1, 2003. 6.2 Received and Filed Planning Commission Minutes - Regular Meeting of June 10, 2003. 6.3 Received and Filed Parks & Recreation Commission Minutes - Regular Meeting of May 22, 2003. 6.4 Approved Warrant Registers dated July 3, 2003, and July 10, 2003, totaling $762,244.28. 6.5 Authorized the City Clerk to file the Notice of Completions and release any retention amount thirty-five days after the recordation date for the traffic signal improvement project at the intersections of Diamond Bar Boulevard at Silver Hawk Drive; Diamond Bar Boulevard at Clear Creek Canyon Drive; Golden Springs Drive at Sylvan Glen Road; and Diamond Bar Boulevard at Sr -57 Northbound On -Ramp. JULY 15, 2003 PAGE 4 va0t CITY COUNCIL MEETING 6.6 Adopted Resolution No. 2003-46: Opposing AB 1268 (Wiggins) Land Use. 6.7 Removed and rescheduled to August 5, 2003, Adopt Resolution No. 2003 47 Amending "Section 8 - Use Of City Media" Of Resolution No. 96-28 Defining Use Of Individualized City Council Stationery. 6.8 Adopted Resolution No. 2003-48: Authorizing Investment Monies In The Local Agency Investment Fund and Changing Titles of Those Authorized To Make Deposits And Withdrawal Of Monies. 6.9 Approved Annual Extension of the Agreement with Tennis Anyone for recreational tennis instruction for FY 2003-04 for an amount not to exceed $45,000. 6.10 Approved Salary Increase For City Manager. 6.11 Approved Revised January through May 2003 Treasurer's Statements. 6.12 Removed and rescheduled to August 5, 2003, Consider Amendment Of Certificate/Recognition Policy. 6.13 Removed and rescheduled to August 5, 2003; Approval Of Goals And Objectives For FY 2003-2004. PUBLIC HEARINGS: None. COUNCIL CONSDIERATION: None. 7:10 p.m. - Recessed the meeting to the Public Financing Authority. 7:15 p.m. - Reconvened the City Council meeting. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/O'Connor thanked staff for a wonderful July 4 celebration, reporting that over 7,000 people was in attendance, as well as staff's efforts with the DB Community Foundation sponsored Concert in the Park. She extended an invitation to everyone to attend and participate at the concerts. She commented that the Foundation has raised over $60,000 with the tile orders and that the first order has been submitted and will be ready for the Community/Senior Center Grand Opening. Further, that the multi-tile arrangement costs are slightly more than anticipated, referring to the Mayors-tile array that takes 16 tiles at $100 per tile, JULY 15, 2003 VI* bringing the total amount to $1,600 for the Mayors' tiles. The multi-tile arrays and their costs will be revisited. She announced that there are still community tiles available. C/Zirbes agreed that the fireworks events were terrific. He stated that he attended the CalTrans monthly meeting on July 9 and that there were approximately 60 people in attendance, the majority from south of Golden Springs and east of Brea Canyon. These were the residents that would be experiencing a major impact with the closures. He stated that the community should look for signs by CalTrans, which should be forthcoming, and that the City will make every effort to keep the community posted, via the website and DBTV. He commented that he was encouraged with the direction Council and the City are headed and that he is proud to serve the community; that Diamond Bar is a desirable city in which to live. C/Chang concurred with Council members regarding the July 4 event and expressed compliments to staff on their efforts and to the community in supporting the event. He was glad to be able to bring a healthy and enjoyable event to the community. He also cited the desirability to live in Diamond Bar and that the characteristic for this include a well-maintained city, it's a friendly community, and the quality of life is exceptional. MPT/Huff reported that he attended the Senior's Western Bar-b-que and He stated that the July 4 event was nice and that the service clubs not only had a good time, but that it was also a profitable fundraiser for them. He reported that, as president, he also attended a meeting of the Council of Governments, on July 8, and cited the hurdles in trying to get a consensus of 31 cities to meet to outline an agenda. Further, the Four Corners Transportation Committee met yesterday. They are attempting to nurture projects that would not necessarily receive support since they're on the "fringe" of the counties, such as Diamond Bar that experiences traffic impacts that actually start in San Bernardino County. The Transportation Committee attempts to pool resources to produce a greater impact; they assisted Pomona in the lobbying for funds to get the interchange at Mission and the 71. A list had been developed several years ago, this meeting was primarily updates. He reported that funding has disappeared due to the State's situation, citing how the 71 Road, between the 60 and 10 Freeways, scheduled to be up- graded to a freeway was pulled and now they are looking at construction in the next 6-8 years. PAGE 5 TY COUNCIL MEETING JULY 15, 2003 PAGE 6 71 CITY COUNCIL MEETING M/Herrera also thanked staff for their preparation offhe July celebration. She reported that the City of Diamond Bar does not have a large number of staff; that they work hard and does a good job. Further, she concurs that Diamond Bar is the place to live, wonderful do the public safety commitment and attendance. Adjournment: There being no further business, M/Herrera adjourned the meeting at 7:27 p.m. Respectfully submitted, Nancy B. Whitehouse Acting City Clerk The foregoing minutes are hereby approved this day of , 2003. Carol Herrera, Mayor Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JUNE 12, 2003 CALL TO ORDER: Chairman Morris called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management/Gover nment Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Kashyap led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioners Kashyap and Torng. Commissioner Virginkar was excused. Also Present: David Liu, Public Works Director, Sharon Gomez, Management Analyst; John Ilasin, Assistant Engineer; Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. II. APPROVAL OF MINUTES: A. Minutes of May 8, 2003. C/Torng moved, VC/Kashyap seconded to approve the May 8, 2003 minutes as presented. Without objection, the motion was so ordered. III. COMMISSION COMMENTS: VC/Pincher said that recently Cal State Fullerton held graduation exercises during which staff member AE/Ilasin received a Masters of Science in Civil Engineering with a Specialty in Construction Engineering and Management. She was impressed with his drive and congratulated him on his wonderful achievement. The Commissioners offered accomplishment. Completing task. IV. PUBLIC COMMENTS VI. ITEMS FROM STAFF unanimous congratulations to AE/Ilasin on his advanced degrees while working is a formidable None Offered. None A. Traffic Enforcement Update — Report by Deputy Dodd - Received and filed on the following items: 1. Citations: April 2003 JUNE 12, 2003 PAGE 2 T&T COMMISSION Deputy Dodd reported that citations continue to increase. 2. Collisions: April 2003 Deputy Dodd reported that the number of collisions have decreased from 57 in March to 33 in April. As a result of the changes in the street sweeping ordinance, she has dismissed a lot of citations. Overall, citations should continue to decrease when additional signs are installed. During a traffic operation on April 27, citations were issued for non-compliance of the seat belt and child safety restraint laws. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer 1y1I1�9]IIII - Wli111I:*�0•LI VIII. NEW BUSINESS: A. Street Parking Evaluation in front of 20905 Golden Springs Drive. AE/llasin presented staffs report. Staff recommends that parking be prohibited at all times on the north side of Golden Springs Drive between two driveways in front of the business center. Dr. Blake, owner, Life Chiropractic, 20905 Golden Springs Drive, said that the problem is not with small sized vehicles and the business owners do not want to lose the ability to park norma I sized vehicles on the north side of Golden Springs Drive. Additionally, he does not want Coco's to suffer loss of business. His concern is with oversized vehicles obstructing the view for drivers pulling out of the center and would like them banned from the area. Greg Jones, District Manager, DCS Cabinets, 20885 Golden Springs Drive, said his firm was opening a showroom in the center two doors from Dr. Blake's office. His employees often have breakfast at Coco's. As they leave the Coco's parking lot, they must use the westerly ingress/egress to exit the center. Often, there are commercial big -rigs parked along the north side of Golden Springs Drive that make it impossible to see whether vehicles are approaching from an easterly direction. He supported the notion that commercial big -rigs should be prohibited from parking on the north side of Golden Springs Drive. Greg Moore, Owner, DCS Cabinets, 20885 Golden Springs Drive, agreed with previous speakers. His concern is that the businesses do not want to JUNE 12, 2003 PAGE 3 T&T COMMISSION lose parking for regular sized vehicles. On Saturdays and certain days of the week the parking lot is bulging at the seams and they need the six to eight parking spaces for cars. He requested the Commission consider limiting only commercial parking instead of a complete restriction of all parking. Dr. Wolfgang Shane, 20905 Golden Springs Drive, echoed the sentiments of previous speakers. During lunch and dinner times and because of the number of fast food and sit down restaurants, the area is quite congested. However, the businesses really need the street parking. It is very bad to allow commercial truck parking on the street. There is no safety concern with regular sized cars. He recommended that the Commission vote to restrict commercial parking and allow regular sized vehicles to park. VC/Pincher spent time walking and driving the area. The trucks are a problem and have been a problem for a long time. She asked if it was legal for the City to restrict commercial rigs and not restrict normal passenger cars on a truck route. PWD/Liu responded that the City's truck route ordinance allows oversized and overweight vehicles to use Golden Springs Drive as well as portions of other arterials in the truck route system. In order to identify the needs from a business perspective, staff would have to consider a much more detailed analysis of the situation. The one accident that was referenced in staff's report had nothing to do with an oversized vehicle. In this case, recreational vehicles could also be an issue. Safety and line -of -sight issues are the basis for restricting certain types of vehicles. There are many variables involved in that area such as the close proximity to a busy intersection and freeway off -ramp, etc. At the same time, staff understands that the center needs additional parking, a problem that exists throughout the City. VC/Pincher said she had great difficulty exiting the center at the westerly ingress/egress. With the big rig parked on the street, there was no way to make a left turn so she went to the light and made a U-turn to return to the complex, walk the area, and then exit the center via the easterly driveway. C/Kashyap visited the area. He observed that as traffic proceeds in a westerly direction the elevation increases at the westerly driveway. An SUV would not cause a major threat and one would likely be able to see over the top of the vehicles. He felt that staff should reconsider restricting the load limitwithout restricting parking. Leo Wong, representing Diamond Properties (owner of the center) asked if it was feasible to set a height restriction on vehicles. PWD/Liu explained that during a recent study session, the City Council considered some ofthe issues being discussed this evening with respect to JUNE 12, 2003 PAGE 4 T&T COMMISSION oversized vehicles and weight of vehicles. If the City were to consider such restrictions itwould have to be on a citywide approach. Chair/Morris drove the area this evening prior to the meeting. The problem begins before Brea Canyon Road. When driving westerly vehicles have to maneuver through the In `n Out line that stretches out onto Golden Springs Drive. When you cross the intersection there were a number of vehicles waiting to get on the eastbound SR 60. By the time you pass that area you're ready to get moving. Also, the business center is the only area that has parking restrictions. He asked staff to provide additional information to the Commission so that it could make an informed recommendation to the Council. Hefelt the trafficflow for the entire area should bestudied. VC/Pincher said the ordinance was passed in 1990. She felt that in 13 years there had been a considerable increase in population and traffic. There is also a concern about the business parking needs. She wondered if it was possible to have "Saturday Only Parking." C/Kashyap felt that staffs recommendation was a good recommendation and should be approved. However, if the Council approved the recommendation the businesses would lose parking. C/Kashyap moved to approve staffs recommendation to prohibit parking on the north side of Golden Springs Drive between the two driveways in front of the business center at 20905 Golden Springs Drive. PWD/Liu reminded the Commissioners that after preparation of the staffs report, the recommendation was amended to consid er the entire frontage including Coco's Restaurant frontage. Staff concluded that it would not make sense to take a piece -meal approach to this matter. Currently, there is a "no parking" zone in front of Jack in the Box. C/Kashyap withdrew his motion. Chair/Morris felt there were two issues to evaluate — 1) to consider the business owners needs and 2) to consider safety as the primary concern. IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at its May 20 meeting, the City Council approved the design contract for the proposed signal on Brea Canyon Cutoff Road at the SR 57 on-off ramp. Staff proposes several items for Coun cil consideration at its June 17 meeting: Area 5 slurry seal project and award of construction contract for a number of traffic signals (Pathfinder Road at Brea Canyon Road/Fern Hollow Drive; the westerly entrance to Diamond Bar High School and left turn at Evergreen Springs Drive on Pathfinder Road; Grand Avenue at Shotgun Lane; left turn for Golden Springs Drive at Ballena Drive and Brea Canyon Road at Lycoming Street). That evening the Council will also consider a contract to install additional street JUNE 12, 2003 PAGE 5 T&T COMMISSION sweeping signs, a contract renewal with Yellow Cab for ongoing Dial -A -Ride services and adoption ofthe 2003/04 Fiscal Year Budget. X. ITEMS FROM COMMISSIONERS: C/Torng said he received a complaint about the southbound Diamond Bar Boulevard left turn to Shadow Canyon Drive. He wanted to know if there was a possibility for a left tum into "The Country Estates." Chair/Morris said that he took advantage of a garage sale in front of Pro Sports because Diamond Bar High School students were selling items to raise money to assist the traffic circulation at the high school. The students were successful in getting staff to give up 10 administration parking spaces for carpool spaces with four or more students in a vehicle. He felt it was a good step in the right direction and the City should encourage students and staff to be more involved in issues that affect the school. He felt that the meeting minutes were too long, that they should be action minutes and not verbatim and requested the Commissioners to consider his request. ON IZ I16I:aIyi/,1% 0ISP► _1M 10 :1 LTA &-3 A. Diamond Bar High School Traffic Circulation. B. Diamond Ranch High School (Phillips Ranch Road) Signal E/B 60 Phillips Ranch Road — No Striping/No Division of Lanes C. Citywide Traffic Signal Timing Plan D. NTMP E. SR 57/60 Direct HOV Connector Project F. Access Point/Circulatio n at the Diamond Bar Town (Big Lots) and Diamond Bar Towne Center (Ralphs). XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:22 p.m. Respectfully, David G. Liu, Secretary Attest: JUNE 12, 2003 PAGE 6 T&T COMMISSION ----------------- - -- - - - - - - - - - Chairman Roland Morris JUNE 12, 2003 PAGE 2 T&T COMMISSION 2. Collisions: April 2003 Deputy Dodd reported that the number of collisions have decreased from 57 in March to 33 in April. As a result of the changes in the street sweeping ordinance, she has dismissed a lot of citations. Overall, citations should continue to decrease when additional signs are installed. During a traffic operation on April 27, citations were issued for non-compliance of the seat belt and child safety restraint laws. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer VII. OLD BUSINESS: None VIII. NEW BUSINESS: A. Street Parking Evaluation in front of 20905 Golden Springs Drive. AE/llasin presented staff's report. Staff recommends that parking be prohibited at all times on the north side of Golden Springs Drive between two driveways in front of the business center. Dr, Blake, owner, Life Chiropractic, 20905 Golden Springs Drive, said that the problem is not with small sized vehicles and the business owners do not want to lose the ability to park normal sized vehicles on the north side of Golden Springs Drive. Additionally, he does not want Coco's to suffer loss of business. His concern is with oversized vehicles obstructing the view for drivers pulling out of the center and would like them banned from the area. Greg Jones, District Manager, DCS Cabinets, 20885 Golden Springs Drive, said his firm was opening a showroom in the center two doors from Dr. Blake's office. His employees often have breakfast at Coco's. As they leave the Coco's parking lot, they must use the westerly ingress/egress to exit the center. Often, there are commercial big -rigs parked along the north side of Golden Springs Drive that make it impossible to see whether vehicles are approaching from an easterly direction. He supported the notion that commercial big -rigs should be prohibited from parking on the north side of Golden Springs Drive. Greg Moore, Owner, DCS Cabinets, 20885 Golden Springs Drive, agreed with previous speakers. His concern is that the businesses do not want to lose parking for regular sized vehicles. On Saturdays and certain days of the week the parking lot is bulging at the seams and they need the six to JUNE 12, 2003 PAGE 3 T&T COMMISSION eight parking spaces for cars. He requested the Commission consider limiting only commercial parking instead of a complete restriction of all parking. Dr. Wolfgang Shane, 20905 Golden Springs Drive, echoed the sentiments of previous speakers. During lunch and dinner times and because of the number of fast food and sit down restaurants, the area is quite congested. However, the businesses really need the street parking. It is very bad to allow commercial truck parking on the street. There is no safety concern with regular sized cars. He recommended that the Commission vote to restrict commercial parking and allow regular sized vehicles to park. VC/Pincher spent time walking and driving the area. The trucks are a problem and have been a problem for a long time. She asked if it was legal for the City to restrict commercial rigs and not restrict normal passenger cars on a truck route. PWD/Liu responded that the City's truck route ordinance allows oversized and overweight vehicles to use Golden Springs Drive as well as portions of other arterials in the truck route system. In order to identify the needs from a business perspective, staff would have to consider a much more detailed analysis of the situation. The one accident that was referenced in staff's report had nothing to do with an oversized vehicle. In this case, recreational vehicles could also be an issue. Safety and line -of -sight issues are the basis for restricting certain types of vehicles. There are many variables involved in that area such as the close proximity to a busy intersection and freeway off -ramp, etc. At the same time, staff understands that the center needs additional parking, a problem that exists throughout the City. VC/Pincher said she had great difficulty exiting the center at the westerly ingress/egress. With the big rig parked on the street, there was no way to make a left turn so she went to the light and made a U-turn to return to the complex, walk the area, and then exit the center via the easterly driveway. C/Kashyap visited the area. He observed that as traffic proceeds in a westerly direction the elevation increases at the westerly driveway. An SUV would not cause a major threat and one would likely be able to see over the top of the vehicles. He felt that staff should reconsider restricting the load limit without restricting parking. Leo Wong, representing Diamond Properties (owner of the center) asked if it was feasible to set a height restriction on vehicles. PWD/Liu explained that during a recent study session, the City Council considered some of the issues being discussed this evening with respect to oversized vehicles and weight of vehicles. If the City were to consider such restrictions it would have to be on a citywide approach. JUNE 12, 2003 PAGE 4 T&T COMMISSION Chair/Morris drove the area this evening prior to the meeting. The problem begins before Brea Canyon Road. When driving westerly vehicles have to maneuver through the In `n Out line that stretches out onto Golden Springs Drive. When you cross the intersection there were a number of vehicles waiting to get on the eastbound SR 60. By the time you pass that area you're ready to get moving. Also, the business center is the only area that has parking restrictions. He asked staff to provide additional information to the Commission so that it could make an informed recommendation to the Council. He felt the traffic flow for the entire area should be studied. VC/Pincher said the ordinance was passed in 1990. She felt that in 13 years there had been a considerable increase in population and traffic. There is also a concern about the business parking needs. She wondered if it was possible to have "Saturday Only Parking." C/Kashyap felt that staff's recommendation was a good recommendation and should be approved. However, if the Council approved the recommendation the businesses would lose parking. C/Kashyap moved to approve staff's recommendation to prohibit parking on the north side of Golden Springs Drive between the two driveways in front of the business center at 20905 Golden Springs Drive. PWD/Liu reminded the Commissioners that after preparation of the staff's report, the recommendation was amended to consider the entire frontage including Coco's Restaurant frontage. Staff concluded that it would not make sense to take a piece -meal approach to this matter. Currently, there is a "no parking" zone in front of Jack in the Box. C/Kashyap withdrew his motion. Chair/Morris felt there were two issues to evaluate — 1) to consider the business owners needs and 2) to consider safety as the primary concern. IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at its May 20 meeting, the City Council approved the design contract for the proposed signal on Brea Canyon Cutoff Road at the SR 57 on-off ramp. Staff proposes several items for Council consideration at its June 17 meeting: Area 5 slurry seal project and award of construction contract for a number of traffic signals (Pathfinder Road at Brea Canyon Road/Fern Hollow Drive; the westerly entrance to Diamond Bar High School and left turn at Evergreen Springs Drive on Pathfinder Road; Grand Avenue at Shotgun Lane; left turn for .Golden Springs Drive at Ballena Drive and Brea Canyon Road at Lycoming Street). That evening the Council will also consider a contract to install additional street sweeping signs, a contract renewal with Yellow Cab for ongoing Dial -A -Ride services and adoption of the -2003/04 Fiscal Year Budget. JUNE 12, 2003 PAGE 5 T&T COMMISSION X. ITEMS FROM COMMISSIONERS: C/Torng said he received a complaint about the southbound Diamond Bar Boulevard left turn to Shadow Canyon Drive. He wanted to know if there was a possibility for a left turn into "The Country Estates." Chair/Morris said that he took advantage of a garage sale in front of Pro Sports because Diamond Bar High School students were selling items to raise money to assist the traffic circulation at the high school. The students were successful in getting staff to give up 10 administration parking spaces for carpool spaces with four or more students in a vehicle. He felt it was a good step in the right direction and the City should encourage students and staff to be more involved in issues that affect the school. He felt that the meeting minutes were too long, that they should be action minutes and not verbatim and requested the Commissioners to consider his request. XI. INFORMATIONAL ITEMS: A. Diamond Bar High School Traffic Circulation. B. Diamond Ranch High School (Phillips Ranch Road) Signal E/B 60 Phillips Ranch Road — No Striping/No Division of Lanes C. Citywide Traffic Signal Timing Plan D. NTMP E. SR 57/60 Direct HOV Connector Project F. Access Point/Circulation at the Diamond Bar Town (Big Lots) and Diamond Bar Towne Center (Ralphs). XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:22 p.m. Respectfully, /s/ David G. Liu David G. Liu, Secretary Attest: /s/ Roland Morris Chairman Roland Morris JUNE 12, 2003 PAGE 2 2. Collisions: April 2003 T&T COMMISSION Deputy Dodd reported that the number of collisions have decreased from 57 in March to 33 in April. As a result of the changes in the street sweeping ordinance, she has dismissed a lot of citations. Overall, citations should continue to decrease when additional signs are installed. During a traffic operation on April 27, citations were issued for non-compliance of the seat belt and child safety restraint laws. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer VII. OLD BUSINESS: None VIII. NEW BUSINESS: A. Street Parking Evaluation in front of 20905 Golden Springs Drive. AE/llasin presented staffs report. Staff recommends that parking be prohibited at all times on the north side of Golden Springs Drive between two driveways in front of the business center. Dr. Blake, owner, Life Chiropractic, 20905 Golden Springs Drive, said that the problem is not with small sized vehicles and the business owners do not want to lose the ability to park normal sized vehicles on the north side of Golden Springs Drive. Additionally, he does not want Coco's to suffer loss of business. His concern is with oversized vehicles obstructing the view for drivers pulling out of the center and would like them banned from the area. Greg Jones, District Manager, DCS Cabinets, 20885 Golden Springs Drive, said his firm was opening a showroom in the center two doors from Dr. Blake's office. His employees often have breakfast at Coco's. As they leave the Coco's parking lot, they must use the westerly ingress/egress to exit the center. Often, there are commercial big -rigs parked along the north side of Golden Springs Drive that make it impossible to see whether vehicles are approaching from an easterly direction. He supported the notion that commercial big -rigs should be prohibited from parking on the north side of Golden Springs Drive. Greg Moore, Owner, DCS Cabinets, 20885 Golden Springs Drive, agreed with previous speakers. His concern is that the businesses do not want to lose parking for regular sized vehicles. On Saturdays and certain days of the week the parking lot is bulging at the seams and they need the six to JUNE 12, 2003 PAGE 3 T&T COMMISSION eight parking spaces for cars. He requested the Commission consider limiting only commercial parking instead of a complete restriction of all parking. Dr. Wolfgang Shane, 20905 Golden Springs Drive, echoed the sentiments of previous speakers. During lunch and dinner times and because of the number of fast food and sit down restaurants, the area is quite congested. However, the businesses really need the street parking. It is very bad to allow commercial truck parking on the street. There is no safety concern with regular sized cars. He recommended that the Commission vote to restrict commercial parking and allow regular sized vehicles to park. VC/Pincher spent time walking and driving the area. The trucks are a problem and have been a problem for a long time. She asked if it was legal for the City to restrict commercial rigs and not restrict normal passenger cars on a truck route. PWD/Liu responded that the City's truck route ordinance allows oversized and overweight vehicles to use Golden Springs Drive as well as portions of other arterials in the truck route system. In order to identify the needs from a business perspective, staff would have to consider a much more detailed analysis of the situation. The one accident that was referenced in staffs report had nothing to do with an oversized vehicle. In this case, recreational vehicles could also be an issue. Safety and line -of -sight issues are the basis for restricting certain types of vehicles. There are many variables involved in that area such as the close proximity to a busy intersection and freeway off -ramp, etc. At the same time, staff understands that the center needs additional parking, a problem that exists throughout the City. VC/Pincher said she had great difficulty exiting the center at the westerly ingress/egress. With the big rig parked on the street, there was no way to make a left turn so she went to the light and made a U-turn to return to the complex, walk the area, and then exit the center via the easterly driveway. C/Kashyap visited the area. He observed that as traffic proceeds in a westerly direction the elevation increases at the westerly driveway. An SUV would not cause a major threat and one would likely be able to see over the top of the vehicles. He felt that staff should reconsider restricting the load limit without restricting parking. Leo Wong, representing Diamond Properties (owner of the center) asked if it was feasible to set a height restriction on vehicles. PWD/Liu explained that during a recent study session, the City Council considered some of the issues being discussed this evening with respect to oversized vehicles and weight of vehicles. If the City were to consider such restrictions it would have to be on a citywide approach. JUNE 12, 2003 PAGE 4 T&T COMMISSION Chair/Morris drove the area this evening prior to the meeting. The problem begins before Brea Canyon Road. When driving westerly vehicles have to maneuver through the In 'n Out line that stretches out onto Golden Springs Drive. When you cross the intersection there were a number of vehicles waiting to get on the eastbound SR 60. By the time you pass that area you're ready to get moving. Also, the business center is the only area that has parking restrictions. He asked staff to provide additional information to the Commission so that it could make an informed recommendation to the Council. He felt the traffic flow for the entire area should be studied. VC/Pincher said the ordinance was passed in 1990. She felt that in 13 years there had been a considerable increase in population and traffic. There is also a concern about the business parking needs. She wondered if it was possible to have "Saturday Only Parking." C/Kashyap felt that staff's recommendation was a good recommendation and should be approved. However, if the Council approved the recommendation the businesses would lose parking. C/Kashyap moved to approve staff's recommendation to prohibit parking on the north side of Golden Springs Drive between the two driveways in front of the business center at 20905 Golden Springs Drive. PWD/Liu reminded the Commissioners that after preparation of the staff's report, the recommendation was amended to consider the entire frontage including Coco's Restaurant frontage. Staff concluded that it would not make sense to take a piece -meal approach to this matter. Currently, there is a "no parking" zone in front of Jack in the Box. C/Kashyap withdrew his motion. Chair/Morris felt there were two issues to evaluate - 1) to consider the business owners needs and 2) to consider safety as the primary concern. IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at its May 20 meeting, the City Council approved the design contract for the proposed signal on Brea Canyon Cutoff Road at the SR 57 on-off ramp. Staff proposes several items for Council consideration at its June 17 meeting: Area 5 slurry seal project and award of construction contract for a number of traffic signals (Pathfinder Road at Brea Canyon Road/Fern Hollow Drive; the westerly entrance to Diamond Bar High School and left turn at Evergreen Springs Drive on Pathfinder Road; Grand Avenue at Shotgun Lane; left turn for Golden Springs Drive at Ballena Drive and Brea Canyon Road at Lycoming Street). That evening the Council will also consider a contract to install additional street sweeping signs, a contract renewal with Yellow Cab for ongoing Dial -A -Ride services and adoption of the -2003/04 Fiscal Year Budget. JUNE 12, 2003 PAGE 5 T&T COMMISSION X. ITEMS FROM COMMISSIONERS: C/Torng said he received a complaint about the southbound Diamond Bar Boulevard left turn to Shadow Canyon Drive. He wanted to know if there was a possibility for a left turn into "The Country Estates." Chair/Morris said that he took advantage of a garage sale in front of Pro Sports because Diamond Bar High School students were selling items to raise money to assist the traffic circulation at the high school. The students were successful in getting staff to give up 10 administration parking spaces for carpool spaces with four or more students in a vehicle. He felt it was a good step in the right direction and the City should encourage students and staff to be more involved in issues that affect the school. He felt that the meeting minutes were too long, that they should be action minutes and not verbatim and requested the Commissioners to consider his request. XI. INFORMATIONAL ITEMS: A. Diamond Bar High School Traffic Circulation. B. Diamond Ranch High School (Phillips Ranch Road) Signal E/B 60 Phillips Ranch Road - No Striping/No Division of Lanes C. Citywide Traffic Signal Timing Plan D. NTMP E. SR 57/60 Direct HOV Connector Project F. Access Point/Circulation at the Diamond Bar Town (Big Lots) and Diamond Bar Towne Center (Ralphs). XII. SCHEDULE OF FUTURE CITY EVENTS - as agendized. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:22 p.m. Respectfully, Attest: s David G. Liu David G. Liu, Secretary /s/ Roland Morris Chairman Roland Morris Agenda No. 6.3 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 24, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Gover nment Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Ruzicka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; Vice Chairman Dan Nolan; and Commissioners Joe Ruzicka; and Jack Tanaka. Commissioner Steve Nelson was excused. Also present were: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Tye requested that Agenda Item 8 be moved ahead of Agenda Item 7. 4. CONSENT CALENDAR: 4.1 Approval of June 10, 2003, regular meeting minutes. C/Ruzicka asked that page 4, line 5, be amended to read: "Not all speech is protected by the constitution at the same high level." C/Ruzicka moved, C/Tanaka seconded, to approve the June 10, 2003, minutes as amended. Without objection, the motion was so ordered with C/Nelson being absent. 5. OLD BUSINESS: None JUNE 24, 2003 Page 2 PLANNING COMMISSION 6. NEW BUSINESS: None 8. PUBLIC HEARINGS: 8.1 Development Review No. 2003-03 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 10,169 gross square feet including balconies, porch five car garage, and a site retaining wall proposed ata maximum height of approximately six feet. PROJECT ADDRESS: 3087 Windmill Drive (Lot 4, Tract 50314) Diamond Bar, CA 91765 PROPERTY OWNER: Windmill Estates, LLC 3480 Torrance Blvd., #300 Torrance, CA 90503 APPLICANT: Richard Gould 3480 Torrance Blvd., #300 Torrance, CA 90503 AssocP/Lungu presented staffs report. Staff recommends Planning Commission approval of Development Review No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye opened the public hearing. There being no one present who wished to speak on this item, Chair/Tye closed the public hearing. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-03, Findings of Fact, and conditi ons ofapproval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Cha ir/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8.2 Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree JUNE 24, 2003 Page 3 PLANNING COMMISSION Permit No. 2003-02 (pursuant to Code Sections 22.48.020, 22.54 and 22.38) is a request to construct a three story single-family residence with balconies, covered patio/open air area, and three car garage totaling to approximately 12,806 gross square feet. The request also includes site retaining walls varying in height to a maximum seven feet in areas of varying topography in the rear yard. The Applicant requests approval of a Minor Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preser ved trees. PROJECT ADDRESS: 23135 Ridgeline Road (Lot 38, Tract 30091) Diamond Bar, CA 91765 PROPERTY OWNER: Vipin Vadecha 21803 Paint Brush Lane Diamond Bar, CA 91765 APPLICANT: Simon Shum 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staffs report. Staff recommends Planning Commission approval of Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka asked if the City was asking for 5:1 tree replacement? AssocP/Lungu responded that the standard replacement ratio is 3:1. Chair/Tye asked if the trees would all be replaced on site? AssocP/Lungu said she understood all tree replacement was to be on-site. Simon Shum, Architect, said this site isa difficult challenge for his firm. With staff's assistance, they were able to fitthe unit within the envelope ofthis site and to also fill all of the property owner's requirements and meet "The Country Estates" architectural review expectations. Chair/Tye opened the public hearing JUNE 24, 2003 Page 4 PLANNING COMMISSION There being no one else present who wished to speak on this item, Chair/Tye closed the public hearing. C/Ruzicka moved, C/Tanaka seconded, to approve Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions ofapprov al as listed within the resolution. Motion carried bythe following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Cha ir/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson 8.3 Development Review No. 2003-08 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family addition of approximately 1,476 gross square feet. PROJECT ADDRESS: 501 Looking Glass (Lot 36, Tract 35581) Diamond Bar, CA 91765 PROPERTY OWNER: Falguni Megha 501 Looking Glass Diamond Bar, CA 91765 APPLICANT: Raj Singh 501 Looking Glass Diamond Bar, CA 91765 AssocP/Lungu presented staffs report. She referred to a letter from a resident dated June 12, 2003, disagreei ng with the addition and remodel of this project due to its massiveness. Staff recommends Planning Commission approval of Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka said hevisited the sitebecause hetook the writer'sconcems very seriously. He would want to be assured that ifsomething was taking place in his neighborhood about which hefelt uncomfo rtable, that the City would take a second look. He spent time reviewing the site and looking at how it could possibly affect all of the other homeow ners in the neighborhood. He did not observe that this addition would have any adverse effect on the rest of the JUNE 24, 2003 Page 5 PLANNING COMMISSION neighborhood Chair/Tye said that he too, visited the site and did not feel that the project would adversely affect the neighborhood. This project adds two levels each of 700 feet to the back of the house. Fred Diaz, 233 West Bonita, San Dimas, Architect, said he found the City's staff members to be quite helpful. He has been in this area for several years and had never had occasion to be in th is auditorium. He found the auditorium quite attractive and believed the visuals were excellent. This project has been in the works for severa I months. Many people are opening their homes up to family members. The proposed addition is in the rear of the home and should compliment the area. Chair/Tye opened the public hearing. There being no one who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan said he also visited the site and read the letter of concern. He felt the last sentence made the writer's feelings evident — "we don't want any new building developed in the area at all." VC/Nolan applauded the applicant for improving his property. Chair/Tye agreed with VC/Nolan. He felt that because of the current economic situation it made sense for people to improve their properties. C/Tanaka asked if the homeowner planned to rent out any of the rooms? Mr. Diaz responded that the property owner has no intention to rent out any portion of his property. This involves family only. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-08, Findings of Fact, and conditi ons of approval as listed within the resolution. Motion carried bythe following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Cha ir/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson JUNE 24, 2003 Page 6 PLANNING COMMISSION CONTINUED PUBLIC HEARINGS: 7.1 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a request to amend the following Article/Sections of the Development Code. (Continued from May 13, 2003). AssocP/Lungu presented staffs report on the following items. Staff recommends that the Planning Commission direct staff to prepare a resolution recommending City Council approval of Development code Amendment No. 2003-01, relative to Section No.'s 22.34.030; 22.34.040; 22.34.050; 22.34.060; 22.36.050; 22.36.080; and 22.42.130. ARTICLE III Section 22.34.030 — Sinale-Family Standards, Section 22.34.040 — Multi - Family Standards, Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards: amendment relates to landscape maintenance standards for slopes. C/Ruzicka was concerned about the language of the recommended amendment. Does "appearance at the immediate neighborhood" mean the same thing as "appearance of the immediate neighborhood?" And, should that hold true throughout the recommended changes? Chair/Tye asked if no plant material meet the intent of the amendment? He did not see language requiring a slope to have landscaping. Is the City trying to clean up the look orobtain a certain look? He believed the City was trying to clean up the hillsides. If by stripping the hillside it has thus "been cleaned up" and has the City accomplished its purposeor, isthe City going to require the homeowner plant something? AssocP/Lungu said the amendment could say that there must belandscaping if that is what the Commission wants. DCM/DeStefano stated that if the recommended language is not clear the language should beamended accordingly. The beginning section states that yards and setback areas be landscaped with lawns, trees, shrubs, etc. A slope is not necessarily a setback. You could have a slope that exceeded the 25 -foot setback. That may bethe area that needs to be clarified to insure that the entirety of slope is landscaped, irrigated, etc. He believed that the City was generally looking to have all slopes landscaped and irrigated, not JUNE 24, 2003 Page 7 PLANNING COMMISSION necessarily a consistent landscaping theme. Absent the City's ownership/easeme nt, it may not be feasib le to require consistent citywide landscaping. VC/Nolan said it seems to him that if residents elect to maintain a barren hillside and take appropriate steps for irrigation, it should be allowed. Chair/Tye agreed. DCM/DeStefano said that the City is not interested in properties that appear well groomed but are just dirt. The City would prefer to deal with slopes that share the commonality ofat leasta green palate and maintenance that deals with erosion control. AssocP/Lungu responded to VC/Nolan that the reference is to the entire slope, not just the setback area. As suggested by Chair/Tye, the language should probably be more specific so that the beginning statement says, for instance, "that yard and slope areas shall be landscaped, etc." C/Tanaka said he did not want to requi re, for instance, that the entire slope must be filled in within two years. C/Ruzicka agreed with C/Tanaka. He referred to page 5 of the San Dimas ordinance. DCM/DeStefano suggested language to wit: the ground cover "substantially" rather than "completely." Chair/Tye submitted that the City has current ordinances that are not enforced. He wanted to under stand if it was the City's objective to enforce this amendment. DCM/DeStefano said that there are literally hundreds of codes that the City's Code Enforcement Officers are obligated to enforce. This, like any other aspect of law enforcement boils down to priorities and time -management issues. This issue is of substantia I importance to the community and to the City Council. Upon adoption of such an amendment by City Council the officers would be out in the field using the tools they now have to gain compliance. Most likely, the most obvious candidates will receive imminent consideration. JUNE 24, 2003 Page 8 PLANNING COMMISSION C/Tanaka was concerned about vegetabl egardens that face the street. Chair/Tye opened the public hearing on the property maintenance item There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka recommend including language to require some type of ground cover that would substantially cover the slope within two years of planting. The Commission concurred. Sections 22.36.050 and 22.36.080 — Exemptions from Sign Permits and Prohibited Signs: Amendment relates to the placement and size of election signs and signs in the public right-of-way. AssocP/Lungu reported that the City Attorney is recommending 60 days rather than 30 days for the number of days before an election that a sign could be installed. Most cities do not allow signs in the public right-of-way. The City Attorney wanted Item 5.e. deleted and the following statement inserted in its place: "Where a sign is erected on a vacant lot or in a multi - tenant commercial center in a location on a residential lot that is not visible from the residence, the person causing the sign to be erected shall, upon request, provide evidence to the City of the property owner's permission." C/Ruzicka asked if Item 5.6. on page 7, should have "than" added so that it reads "more than "? VC/Nolan felt there was no need to change the current resolution from 30 days. He felt 30 days was appropria te. Additionally, he agreed with the majority ofcommunities that ordained removing signsfrom the public right-of- way. Chair/Tye respectfully disagreed because he felt that signage along the public right-of-way was an effective communication tool. He wanted to know how it could be determined who caused the sign to be erected. DCM/DeStefano responded that the City deals with inappropriate signage by going directly to the candidate and asking that the sign be brought into compliance or removed. JUNE 24, 2003 Page 9 PLANNING COMMISSION Chair/Tye asked what the City does when signage iserected that has nothing to do with any specific candidatethat appear on private property? DCM/DeStefano responded that the City might allow the sign to remain and inquire of the property owner whether they granted permission for it to be there. From a free speech standpoint the sign can remain as long as it meets the other requirements of the City's code. VC/Nolan felt that signage in the public right-of-way reached staggering proportions during election campaigns. To him, the high road would beto limit signs in the public -right -o f -way. He felt that itwas unrealistic to expect candidates to show restraint. Therefore, it is incumbent upon the City to lay foundation and direction. C/Tanaka agreed with Chair/Tye's comments that an individual's right to freedom of speech should not be limited. At the same time he appreciated VC/Nolan's concerns about the amount of signage that goes up during elections but hefelt itwas part oftheprocess and should not beeliminated. C/Ruzicka said that so long assigns do not go up more than 60 days prior to election and come down 10 days after the election, hebelieved that whatever anyone wanted to do they should beallowed to do. He would agree with the 30 -day program that is in place if the balance of the Commission agreed. There was no one present who wished to speak on this item. C/Ruzicka felt that with the foregoing comments, staff could write a recommended code for consideration at the Commission's next meeting. Chair/Tye said hedid not agree with the City Attorney's proposed change for Item 5.e. He would like "only" stricken. In addition, the Commission wanted 5.f. to read "30 -days." Chair/Tye asked ifprohibited signs in the public right-of-way would eliminate real estate signs? DCM/DeStefano responded yes, and also other similarone-time notification signs. JUNE 24, 2003 Page 10 PLANNING COMMISSION DCM/DeStefano felt that the City Attorney would say that political speech is the highest form of speech and that the City would less likely be able to establish more strident standards for political speech than for commercial speech. DCM/DeStefano agreed with Chair/Tye that absent complete prohibition, there are no alternatives. Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunicatio ns Antenna Facilities. Amendment relates to the number oftelecommunica tions facilities on a parcel in residential zoning districts. AssocP/Lungu said her survey revealed that the majority of cities do not limit the number of telecommunications facilities on a parcel. Some use separation distance as a way to limit the number per parcel. The City Attorney wondered why the City would want to limitthe number offacilities to one. He felt itwould betoo constricted. Chair/Tye asked for a clarification of co -location and multiple. C/Ruzicka asked for clarification of the bullet point on page 11 "wireless telecommunicatio ns antenna facilities may be allowed in residential zoning districts only if the facility is buildina mounted stea Ith design architecturally integrated with the building or concealed . There could be many telecommunicatio ns facilities from severa I different entities without detracting from the original architecture ofthe building. AssocP/Lungu responded to C/Ruzicka that after analyzing the data different suggestions were extracted to help control the number of sites for a parcel. To Chair/Tye's comment, the Commission maywant to reconsider definitions because the definitions include co -location, piggybacking and antenna farms. We may want to eliminate antenna farms and not co -location and piggybacking. Antenna farms is a 5 -acre site with as many facilities as possible whereas co -location isone structure with several facilitieson it and, if it is imbedded in the architecture there may be no concern about the number. Chair/Tye cited the installation in the St. Denis Church tower. Ultimately, a good product was erected. However, they initially objected to placement of the facilities in the bell tower. Chair/Tye would not mind if there were four facilities in the tower. When the applicant first brought the project to the JUNE 24, 2003 Page 11 PLANNING COMMISSION Planning Commission itwas hideous, the neighbors did not likeitand itdid not look good. There was no creative thought given to it by the applicant. After several iterations, we have a very well designed and camouflaged tower. He is not opposed to co-locati on — he is not in favor of what the applicant originally proposed. C/Ruzicka said hedid not agree with thechurch's decision about not wanted facilities in their bell tower. Now that there is a way to approach multiple sites on this piece of property he would not mind if they replaced every one of the Italian Cypress atthe front ofthe church. Chair/Tye felt the City would need to seta standard. He was glad that the Development Code did not restrict facilitiesto one per site. He felt St. Denis shows how you can work together to accomplish what all three parties want to accomplish. DCM/DeStefano said staff discussed the aesthetics ofthis matter and was not necessarily concerned about how many are on a site, but whether ornot you can see them. This City has sites that have co -locations such as the Vineyard Bank (3 facilities) and other similar facilities. Diamond Bar High School, for instance, has several facilities, some you can see and some that are not so easily detected. Also of concern was whether the number of devices on a particular piece of property violated the intended use i.e., residential properties with multiple cell sites. When does it draw a conclusion that itisnow a commercial piece ofproperty versus itsresidential intent? When does it eliminate the intended use of the property for commercial purposes in the future if it happens to be vacant property now? From Staffs perspective, we believe we can reach a conc lusion that meets the current goals which would beto add a third bullet that C/Ruzicka spoke about (page 11 of the staff report) that discusses permissible facilities in residential sites with the facilities being building -mounted stea Ith design, etc. Additionally, page 12 discusses where multiple facilitiescould belocated and that they would not be located on residential properties developed with residential structures or cited for residential development. Also, that the citing ofthe antennas in a form that would create an antenna farm would be prohibited and piggybacking would be permissible. Staff would offer a possible solution being the third bu Ilet on page 11 and the two bullets on page 12 and come back to the Commission with a resolution. The Commission concurred JUNE 24, 2003 Page 12 PLANNING COMMISSION DCM/DeStefano confirmed that the resolution would not be punitive to a specific property. VC/Nolan asked if someone could begiven a time period such as one ortwo years to meet the new code? DCM/DeStefano said he wanted to consult with the City Attorney before answering VC/Nolan. Chair/Tye asked if the City could ask people to remove inactive sites? DCM/DeStefano asked how you would determine whether a facility was inactive? C/Tanaka asked staff to refer to actual zoning districts in reference to whether sites are located. There was no one present who wished to speak on this matter. 8. PLANNING COMMISSION COMMENTS: Chair/Tye thanked staff for their input and their business -like and helpful attitude with the public. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that during tonight's Administrative Review he approved several items, not the least of which was the architectural and site planning changes for the former Texaco Station at Golden Springs and Brea Canyon Road as it convertsto Shell. The project is slated forcompletion around October. The SR57/60 freeway construction takes placeover the next four years. Already, closures are occurring in the middle ofthe night to deal with various portions of the project. Ca (Trans held a study session with the City Council and staff. CalTrans is working closely with Council and staff to reduce the number of closure days. This project represents about 10 percent of current CalTrans projects in Los Angeles County. CalTrans will hold weekly update meetings. DCM/DeStefano stated that on June 17, City Council adopted the FY 2003/04 Budget. As a result of the new budget, the City will be adding a part time weekend neighborhood improvement officer. DCM/DeStefano pointed out that the Commissioners' packets include the "What's Happening" listrequested byChai r/Tye atthe last meeting. Staff will attempt to get this information to you via email. JUNE 24, 2003 Page 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:35 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Tye JUNE 24, 2003 Page 3 PLANNING COMMISSION balconies, covered patio/open air area, and three car garage totaling to approximately 12,806 gross square feet. The request also includes site retaining walls varying in height to a maximum seven feet in areas of varying topography in the rear yard. The Applicant requests approval of a Minor Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 23135 Ridgeline Road (Lot 38, Tract 30091) Diamond Bar, CA 91765 Vipin Vadecha 21803 Paint Brush Lane Diamond Bar, CA 91765 Simon Shum 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka asked if the City was asking for 5:1 tree replacement? AssocP/Lungu responded that the standard replacement ratio is 3:1. Chair/Tye asked if the trees would all be replaced on site? AssocP/Lungu said she understood all tree replacement was to be on-site. Simon Shum, Architect, said this site is a difficult challenge for his firm. With staff's assistance, they were able to fit the unit within the envelope of this site and to also fill all of the property owner's requirements and meet "The Country Estates" architectural review expectations. Chair/Tye opened the public hearing. There being no one else present who wished to speak on this item, Chair/Tye closed the public hearing. JUNE 24, 2003 Page 5 PLANNING COMMISSION Chair/Tye said that he too, visited the site and did not feel that the project would adversely affect the neighborhood. This project adds two levels each of 700 feet to the back of the house. Fred Diaz, 233 West Bonita, San Dimas, Architect, said he found the City's staff members to be quite helpful. He has been in this area for several years and had never had occasion to be in this auditorium. He found the auditorium quite attractive and believed the visuals were excellent. This project has been in the works for several months. Many people are opening their homes up to family members. The proposed addition is in the rear of the home and should compliment the area. Chair/Tye opened the public hearing. There being no one who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan said he also visited the site and read the letter of concern. He felt the last sentence made the writer's feelings evident — "we don't want any new building developed in the area at all." VC/Nolan applauded the applicant for improving his property. Chair/Tye agreed with VC/Nolan. He felt that because of the current economic situation it made sense for people to improve their properties. C/Tanaka asked if the homeowner planned to rent out any of the rooms? Mr. Diaz responded that the property owner has no intention to rent out any portion of his property. This involves family only. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Ruzicka, Tanaka, VC/Nolan, Chair/Tye None Nelson JUNE 24, 2003 Page 7 PLANNING COMMISSION irrigated, not necessarily a consistent landscaping theme. Absent the City's ownership/easement, it may not be feasible to require consistent citywide landscaping. VC/Nolan said it seems to him that if residents elect to maintain a barren hillside and take appropriate steps for irrigation, it should be allowed. Chair/Tye agreed. DCM/DeStefano said that the City is not interested in properties that appear well groomed but are just dirt. The City would prefer to deal with slopes that share the commonality of at least a green palate and maintenance that deals with erosion control. AssocP/Lungu responded to VC/Nolan that the reference is to the entire slope, not just the setback area. As suggested by Chair/Tye, the language should probably be more specific so that the beginning statement says, for instance, "that yard and slope areas shall be landscaped, etc." C/Tanaka said he did not want to require, for instance, that the entire slope must be filled in within two years. C/Ruzicka agreed with C/Tanaka. He referred to page 5 of the San Dimas ordinance. DCM/DeStefano suggested language to wit: the ground cover "substantially" rather than "completely." Chair/Tye submitted that the City has current ordinances that are not enforced. He wanted to understand if it was the City's objective to enforce this amendment. DCM/DeStefano said that there are literally hundreds of codes that the City's Code Enforcement Officers are obligated to enforce. This, like any other aspect of law enforcement boils down to priorities and time -management issues. This issue is of substantial importance to the community and to the City Council. Upon adoption of such an amendment by City Council the officers would be out in the field using the tools they now have to gain compliance. Most likely, the most obvious candidates will receive imminent consideration. JUNE 24, 2003 Page 9 PLANNING COMMISSIUN Chair/Tye asked what the City does when signage is erected .that has nothing to do with any specific candidate that appear on private property? DCM/DeStefano responded that the City might allow the sign to remain and inquire of the property owner whether they granted permission for it to be there. From a free speech standpoint the sign can remain as long as it meets the other requirements of the City's code. VC/Nolan felt that signage in the public right-of-way reached staggering proportions during election campaigns. To him, the high road would be to limit signs in the public -right-of-way. He felt that it was unrealistic to expect candidates to show restraint. Therefore, it is incumbent upon the City to lay foundation and direction. C/Tanaka agreed with Chair/Tye's comments that an individual's right to freedom of speech should not be limited. At the same time he appreciated VC/Nolan's concerns about the amount of signage that goes up during elections but he felt it was part of the process and should not be eliminated. C/Ruzicka said that so long as signs do not go up more than 60 days prior to election and come down 10 days after the election, he believed that whatever anyone wanted to do they should be allowed to do. He would agree with the 30 -day program that is in place if the balance of the Commission agreed. There was no one present who wished to speak on this item. C/Ruzicka felt that with the foregoing comments, staff could write a recommended code for consideration at the Commission's next meeting. Chair/Tye said he did not agree with the City Attorney's proposed change for Item 5.e. He would like "only" stricken. In addition, the Commission wanted 5.f. to read "30 -days." Chair/Tye asked if prohibited signs in the public right-of-way would eliminate real estate signs? DCM/DeStefano responded yes, and also other similar one-time notification signs. JUNE 24, 2003 Page 11 PLANNING COMMISSION Planning Commission it was hideous, the neighbors did not like it and it did not look good. There was no creative thought given to it by the applicant. After several iterations, we have a very well designed and camouflaged tower. He is not opposed to co -location — he is not in favor of what the applicant originally proposed. C/Ruzicka said he did not agree with the church's decision about not wanted facilities in their bell tower. Now that there is a way to approach multiple sites on this piece of property he would not mind if they replaced every one of the Italian Cypress at the front of the church. Chair/Tye felt the City would need to set a standard. He was glad that the Development Code did not restrict facilities to one per site. He felt St. Denis shows how you can work together to accomplish what all three parties want to accomplish. DCM/DeStefano said staff discussed the aesthetics of this matter and was not necessarily concerned about how many are on a site, but whether or not you can see them. This City has sites that have co -locations such as the Vineyard Bank (3 facilities) and other similar facilities. Diamond Bar High School, for instance, has several facilities, some you can see and some that are not so easily detected. Also of concern was whether the number of devices on a particular piece of property violated the intended use i.e., residential properties with multiple cell sites. When does it draw a conclusion that it is now a commercial piece of property versus its residential intent? When does it eliminate the intended use of the property for commercial purposes in the future if it happens to be vacant property now? From Staff's perspective, we believe we can reach a conclusion that meets the current goals which would be to add a third bullet that C/Ruzicka spoke about (page 11 of the staff report) that discusses permissible facilities in residential sites with the facilities being building -mounted stealth design, etc. Additionally, page 12 discusses where multiple facilities could be located and that they would not be located on residential properties developed with residential structures or cited for residential development. Also, that the citing of the antennas in a form that would create an antenna farm would be prohibited and piggybacking would be permissible. Staff would offer a possible solution being the third bullet on page 11 and the two bullets on page 12 and come back to the Commission with a resolution. The Commission concurred. JUNE 24, 2003 Page 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning - -Commission, Chairman Tye adjourned the meeting at 8:35 p.m. Respectfully Submitted, i James DeStefano Deputy City Manager JUNE 24, 2003 Page 3 PLANNING COMMISSION balconies, covered patio/open air area, and three car garage totaling to approximately 12,806 gross square feet. The request also includes site retaining walls varying in height to a maximum seven feet in areas of varying topography in the rear yard. The Applicant requests approval of a Minor Variance for a reduced front yard setback and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 23135 Ridgeline Road (Lot 38, Tract 30091) Diamond Bar, CA 91765 Vipin Vadecha 21803 Paint Brush Lane Diamond Bar, CA 91765 Simon Shum 20272 Carrey Road Walnut, CA 91789 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-06, Minor Variance No. 2003-03 and Tree Permit No. 2003-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Ruzicka asked if the City was asking for 5:1 tree replacement? AssocP/Lungu responded that the standard replacement ratio is 3:1. Chair/Tye asked if the trees would all be replaced on site? AssocP/Lungu said she understood all tree replacement was to be on-site. Simon Shum, Architect, said this site is a difficult challenge for his firm. With staffs assistance, they were able to fit the unit within the envelope of this site and to also fill all of the property owner's requirements and meet "The Country Estates" architectural review expectations. Chair/Tye opened the public hearing. There being no one else present who wished to speak on this item, Chair/Tye closed the public hearing. f JUNE 24, 2003 Page 5 PLANNING COMMISSION Chair/Tye said that he too, visited the site and did not feel that the project would adversely affect the neighborhood. This project adds two levels each of 700 feet to the back of the house. Fred Diaz, 233 West Bonita, San Dimas, Architect, said he found the City's staff members to be quite helpful. He has been in this area for several years and had never had occasion to be in this auditorium. He found the auditorium quite attractive and believed the visuals were excellent. This project has been in the works for several months. Many people are opening their homes up to family members. The proposed addition is in the rear of the home and should compliment the area. Chair/Tye opened the public hearing. There being no one who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan said he also visited the site and read the letter of concern. He felt the last sentence made the writer's feelings evident - "we don't want any new building developed in the area at all." VC/Nolan applauded the applicant for improving his property. Chair/Tye agreed with VC/Nolan. He felt that because of the current economic situation it made sense for people to improve their properties. C/Tanaka asked if the homeowner planned to rent out any of the rooms? Mr. Diaz responded that the property owner has no intention to rent out any portion of his property. This involves family only. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson JUNE 24, 2003 Page 7 PLANNING COMMISSION irrigated, not necessarily a consistent landscaping theme. Absent the City's ownership/easement, it may not be feasible to require consistent citywide landscaping. VC/Nolan said it seems to him that if residents elect to maintain a barren hillside and take appropriate steps for irrigation, it should be allowed. Chair/Tye agreed. DCM/DeStefano said that the City is not interested in properties that appear well groomed but are just dirt. The City would prefer to deal with slopes that share the commonality of at least a green palate and maintenance that deals with erosion control. AssocP/Lungu responded to VC/Nolan that the reference is to the entire slope, not just the setback area. As suggested by Chair/Tye, the language should probably be more specific so that the beginning statement says, for instance, "that yard and slope areas shall be landscaped, etc." C/Tanaka said he did not want to require, for instance, that the entire slope must be filled in within two years. C/Ruzicka agreed with C/Tanaka. He referred to page 5 of the San Dimas ordinance. DCM/DeStefano suggested language to wit: the ground cover "substantially" rather than "completely." Chair/Tye submitted that the City has current ordinances that are not enforced. He wanted to understand if it was the City's objective to enforce this amendment. DCM/DeStefano said that there are literally hundreds of codes that the City's Code Enforcement Officers are obligated to enforce. This, like any other aspect of law enforcement boils down to priorities and time -management issues. This issue is of substantial importance to the community and to the City Council. Upon adoption of such an amendment by City Council the officers would be out in the field using the tools they now have to gain compliance. Most likely, the most obvious candidates will receive imminent consideration. JUNE 24, 2003 Page 9 PLANNING COMMISSION Chair/Tye asked what the City does when signage is erected that has nothing to do with any specific candidate that appear on private property? DCM/DeStefano responded that the City might allow the sign to remain and inquire of the property owner whether they granted permission for it to be there. From a free speech standpoint the sign can remain as long as it meets the other requirements of the City's code. VC/Nolan felt that signage in the public right-of-way reached staggering proportions during election campaigns. To him, the high road would be to limit signs in the public -right-of-way. He felt that it was unrealistic to expect candidates to show restraint. Therefore, it is incumbent upon the City to lay foundation and direction. C/Tanaka agreed with Chair/Tye's comments that an individual's right to freedom of speech should not be limited. At the same time he appreciated VC/Nolan's concerns about the amount of signage that goes up during elections but he felt it was part of the process and should not be eliminated. C/Ruzicka said that so long as signs do not go up more than 60 days prior to election and come down 10 days after the election, he believed that whatever anyone wanted to do they should be allowed to do. He would agree with the 30 -day program that is in place if the balance of the Commission agreed. There was no one present who wished to speak on this item. C/Ruzicka felt that with the foregoing comments, staff could write a recommended code for consideration at the Commission's next meeting. Chair/Tye said he did not agree with the City Attorney's proposed change for Item 5.e. He would like "only" stricken. In addition, the Commission wanted 5.f. to read "30 -days." Chair/Tye asked if prohibited signs in the public right-of-way would eliminate real estate signs? DCM/DeStefano responded yes, and also other similar one-time notification signs. JUNE 24, 2003 Page 11 PLANNING COMMISSION Planning Commission it was hideous, the neighbors did not like it and it did not look good. There was no creative thought given to it by the applicant. After several iterations, we have a very well designed and camouflaged tower. He is not opposed to co -location - he is not in favor of what the applicant originally proposed. C/Ruzicka said he did not agree with the church's decision about not wanted facilities in their bell tower. Now that there is a way to approach multiple sites on this piece of property he would not mind if they replaced every one of the Italian Cypress at the front of the church. Chair/Tye felt the City would need to set a standard. He was glad that the Development Code did not restrict facilities to one per site. He felt St. Denis shows how you can work together to accomplish what all three parties want to accomplish. DCM/DeStefano said staff discussed the aesthetics of this matter and was not necessarily concerned about how many are on a site, but whether or not you can see them. This City has sites that have co -locations such as the Vineyard Bank (3 facilities) and other similar facilities. Diamond Bar High School, for instance, has several facilities, some you can see and some that are not so easily detected. Also of concern was whether the number of devices on a particular piece of property violated the intended use i.e., residential properties with multiple cell sites. When does it draw a conclusion that it is now a commercial piece of property versus its residential intent? When does it eliminate the intended use of the property for commercial purposes in the future if it happens to be vacant property now? From Staffs perspective, we believe we can reach a conclusion that meets the current goals which would be to add a third bullet that C/Ruzicka spoke about (page 11 of the staff report) that discusses permissible facilities in residential sites with the facilities being building -mounted stealth design, etc. Additionally, page 12 discusses where multiple facilities could be located and that they would not be located on residential properties developed with residential structures or cited for residential development. Also, that the citing of the antennas in a form that would create an antenna farm would be prohibited and piggybacking would be permissible. Staff would offer a possible solution being the third bullet on page 11 and the two bullets on page 12 and come back to the Commission with a resolution. The Commission concurred. JUNE 24, 2003 Page 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning - -Commission, Chairman Tye adjourned the meeting at 8:35 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.DJTHE GOVERNMENT CENTER 21865 E. Copley Drive JUNE 26, 2003 CALL TO ORDER: Vice Chairman Grundy called the meeting to order at 7:05 p.m. in the SCAQMD/Govemmen t 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: Vice President Grundy and Commissioners Lui, Lyons and To rres Chairman Hull was excused. Staff: Bob Rose, Director of Community Services; Kim Crews, Senior Management Analyst; Ryan Wright, Recreation Supervisor; Ryan McLean, Recreation Coordinator, and Marisa Somenzi, Administrative Assistant. COMMENDATION FOR THE DIAMOND BAR COMMUNITY SERVICES DEPARTMENT — Special Presentation by Jim Starkey representing Senator Bob Margett's office. PRESENTATION OF 2003 CITY YOUTH SOCCER SPORTSMANSHIP AWARDS MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR 1.1 Regular Meeting Minutes for May 22, 2003. C/Torres moved, C/Lyons seconded, to approve the minutes of the May 22, 2003 regular meeting as presented. Without objection, the motion was so ordered with C/Lui abstaining and Chair/Hull being absent. 2. INFORMATIONAL ITEMS JUNE 26, 2003 PAGE 2 P&R COMMISSION 2.1 Introduction of Sheryl Gonzales, owner PDG & Associates, Youth Master Plan Consultant. Ms. Gonzales presented her credentia Is and those of her team members. The plan has four phases: 1) getting organized and planning the plan, 2) identifying steering committee, stakeholder group members, and service providers, 3) data collection, trend analysis, focus groups surveys, identify service gaps and 4) develop the plan of action and complete the Youth Master Plan Document. C/Torres asked Ms. Gonzales to comm ent on the makeup of the stakeholder group versus the steering committee. Ms. Gonzales explained that the stakeholder group would be a broad representation ofall individuals, organizations, agencies (hospitals, business and educational community). The steering committee would be partially identified by Council Members and list of possible stakeholders that would meet certain identified criteria. The criteria includes the ability commit to work on some of the steering committee actions; those having a good knowledge of youth and what is the best way to provide services, and members of the community that are perceived as leaders because they will champion the plan. In response to C/Lyons, Ms. Gonzales confirmed that both school districts would be surveyed. The Search Institute Model is for Grades 6 through 12. The "trends analysis" will assist the consultants in better understanding the issues for lower grades. C/Lyons felt there was a "hole" in the 6 to 12 grade ages. She asked if both high schools would besurveyed? Ms. Gonzales explained that first there must be a relationship created with the school districts. C/Lyons said itwould bea bad situation not to include both high schools. Ms. Gonzales said the librarywould beincluded. The survey will besent to a representation sample of househol ds and the adult of the household will respond. Ms. Gonzales responded to VC/Grundy that the survey would include 500 connected telephone calls to randomly selected households. The margin of error is 2.5-3 percent. CSD/Rose indicated to VC/Grundy that there are 17,000 households in D.B. 500 surveys gives a good balance and verifies information received from steering committee and stakeholder members. Responding to C/Lui, Ms. Gonzales confirmed that all calls would take place JUNE 26, 2003 PAGE 3 P&R COMMISSION inside the city limits. The first final draft is slated for March 2004. 2.2 Recreation Program Report — by RS/Wright. 2.3 Diamond Bar Community Foundat ion Oral Report — Chair/Hull. CSD/Rose reported his understanding that tile purchases were extended to include last night's concert. 2.4 C.I.P. Program Report —Oral Report by CSD/Rose a. Community/Senior Center b. Sycamore Canyon ADA Retrofit C/Lyons asked CSD/Rose to advise the Commissioners when staff would be presenting the City Council with options for a modular facility. A lot of kids signed up for day camp and Sycamore is a much better place to hold day camp than the Community/Senior Center. C/Torres felt itwould behoove the Commission to schedule a meeting with the City Council at the facility. CSD/Rose pointed out that all five Council Members should beat next Friday's 4th of July celebration. C. Starshine Park ADA Retrofit A $25,000 grant request was submitted for playground cover using Starshine Park as the applicant -park. d. Trail Development at Sycamore Canyon Park 4. NEW BUSINESS 4.1 Review of Draft Facility Use Policies for new Community/Senior Center — report by MSA/Crews. MSA/Crews explained that staff would like to present a more refined/revised version of the Use Policies to the City Council on July 15. She asked the Commission to render its recommendati on for adoption to the City Council. VC/Grundy was concerned about the Commission recommending adoption of a document that they had not reviewed. C/Torres felt comfortable with staffs document. He felt the proposed rental rates were consistent. C/Lyons was curious about why other governmental agencies get better price breaks than D.B. residents. JUNE 26, 2003 PAGE 4 P&R COMMISSION MSA/Crews explained that the rate applies to other governmental agencies within the community that serve D.B. residents such as the Sheriffs Department, SCAQMD, school districts, etc. C/Lyons asked why there was a differ ence in the rate for the Group C and Group D banquet room (Page 13). C/Lyons thanked staff for their work on this project. She said that the only item she completely disagreed with was on Page 7 — "no red wine is permitted." She feltthat ifthe Citywas going to permit weddings and parties they could not expect compliance. MSA/Crews explained that the exclusion of red wine isverycommon —every city's document contains this exclusion. In fact, no red drinks are allowed because of their potential to cause permanent stains. C/Lui felt that the document would change over time depending on the market for supply and demand. He said he could not find anything about seniors. MSA/Crews referred C/Lui to Page 4, Group B— senior groups. There are no fee schedules for the senior groups. Seniors could continue the current activities oradd activities. Seniors could also continue to use Heritage Park. There is a lot of room and activity space for seniors and they would not be charged. VC/Grundy suggested that within the fee schedule the report should state there are no fees for certain groups. MSA/Crews said she would show groups A and Bon the fee schedule at no charge. MSA/Crews explained that the City's marketing department would spiffupthe fee schedule and included in packets given out to individuals or groups touring the facility. VC/Grundy said hewas not prepared to suggest the document was ready to present to Council on July 15 for adoption. C/Torres disagreed. He felt that this was a moving document and that the Commission should not bea stumbling blockto obtaining Council's approval. He felt comfortable approving the document so that staff could make the appropriate changes and present the document to the Council. C/Lyons felt that if substantial changes were made that the Commission would have approved a locum ent it had not had an opportunity to peruse. The Commission could recommend the draft presented this evening along with comments. JUNE 26, 2003 PAGE 5 P&R COMMISSION C/Lui suggested that after the tour of the facility the Commissioners might have more comments about the document. MSA/Crews appreciated C/Lui's comment. She said she could send the document out to the Commissioners afterthe changes were made. If any of the Commissioners had comments, they could call her to discuss them. She stated that the document could be brought back to the Commission on July 24 and presented to the Council on August 4. VC/Grundy agreed that a lot of work had gone into the preparation of the document and that it should be shared with the City Council. He does not want it presented to the Council that the Commission put its stamp of approval on it. CSD/Rose explained that staff wants the document to contain information that the Commission is comfortable recommending for adoption by the City Council. Staff is prep a red to goforward with whatever process that requires. C/Torres said that in re -thinking the matter that because this was a document that affected the largest facility in D.B. a subcommittee should beassigned to review the document with staff. VC/Grundy volunteered to participate on the subcommittee. C/Torres said he was out of town next week but would serve on the subcommittee when he returned. The subcommittee agreed to meet with staff during the week of July 7. 4.2 Definition of "Youth at Risk for Youth Employment Program" - Presentation by MSA/Crews. MSA/Crews explained that according to the definition, all youth are "at risk" youth. C/Lui moved, C/Torres seconded, to recommend City Council approval ofthe definition for"Youth at Risk" as defined in staffs report. Without objection, the motion was so ordered with Chair/Hull being absent. 4.3 Parks and Recreation Commission Tour of new Community/Senior Center Site. The Commissioners concurred to meet atthe Community/Senior Center Site at 5:30 p.m. on July 24, 2003 prior to the regular Commission meeting. 5. ANNOUNCEMENTS: C/Lui thanked the Commissioners for sending flowers honoring his departed wife. His life has turned upside down. Hiswife danced on the stage at the City Birthday Party on April 27. At that time, everything was as normal as it could be. One week later she felt uncomfortable in her stomach. He took her to the doctor and he diagnosed that she had tumors on her liver. In spite of starting JUNE 26, 2003 PAGE 6 P&R COMMISSION chemotherapy immediately, she continued to get worse. She was hospitalized for one month and passed away on June 10. Things progressed so rapidly that it has been difficult for him and his family to bear. He thanked everyone for his and her support. Heconsidered resigning from the Commission but felt he should stay with it for a time to see how he felt. C/Lyons expressed her condolences to C/Lui . She said it is very touching to hear C/Lui speak about his wife. Life is very precious and itis difficult to imagine his loss. The Commission supports him in whatever decision he makes about remaining on the Commission. C/Lyons complimented the Community Services Division on the most recent Recreation Guide. She thought the front cover photo of SXcamore Canyon Park was terrific. She asked staff for a parking pass for the 4t of July Celebration. The Friends of the Library plans to hold another "Read Together Diamond Bar" in October. In addition, the Friends ofthe Library is proposing to hold a 5K walk/run to benefit the library. C/Torres told C/Lui that it was great to have him back on the Commission. He wished C/Lui and his familythe best during this difficult time. He offered his support. VC/Grundy echoed what C/Lyons and C/Lui said. Itis good to have C/Lui present tonight. He understands the difficulty for C/Lui and knows that he has to decide whether to remain on the Commission. He is glad that C/Lui decided to stay because VC/Grundy believes C/Lui's participation is important to the group. He offered his support as a Commission, as a friend and as a resident of D.B. VC/Grundy commended RS/Wright on his preparation and participation in the Tuesday night User Group meeting. ADJOURNMENT: Upon motion ofC/Lyons, seconded byC/Lui and there being nofurther business to come before the Commission, Vice Chairman Grundy adjourned the meeting at 9:00 P.M. Respectfully Submitted, Bob Rose Secretary Attest: Vice Chairman Dave Grundy JUNE 26, 2003 PAGE 2 P&R COMMISSION 2.1 Introduction of Sheryl Gonzales, owner PDG & Associates, Youth Master Plan Consultant. Ms. Gonzales presented her credentials and those of her team members. The plan has four phases: 1) getting organized and planning the plan, 2) identifying steering committee, stakeholder group members, and service providers, 3) data collection, trend analysis, focus groups surveys, identify service gaps and 4) develop the plan of action and complete the Youth Master Plan Document. C/Torres asked Ms. Gonzales to comment on the makeup of the stakeholder group versus the steering committee. Ms. Gonzales explained that the stakeholder group would be a broad representation of all individuals, organizations, agencies (hospitals, business and educational community). The steering committee would be partially identified by Council Members and list of possible stakeholders that would meet certain identified criteria. The criteria includes the ability commit to work on some of the steering committee actions; those having a good knowledge of youth and what is the best way to provide services, and members of the community that are perceived as leaders because they will champion the plan. In response to C/Lyons, Ms. Gonzales confirmed that both school districts would be surveyed. The Search Institute Model is for Grades 6 through 12. The "trends analysis" will assist the consultants in better understanding the issues for lower grades. C/Lyons felt there was a "hole" in the 6 to 12 grade ages. She asked if both high schools would be surveyed? Ms. Gonzales explained that first there must be a relationship created with the school districts. C/Lyons said it would be a bad situation not to include both high schools. Ms. Gonzales said the library would be included. The survey will be sent to a representation sample of households and the adult of the household will respond. Ms. Gonzales responded to VC/Grundy that the survey would include 500 connected telephone calls to randomly selected households. The margin of error is 2.5-3 percent. CSD/Rose indicated to VC/Grundy that there are 17,000 households in D.B. 500 surveys gives a good balance and verifies information received from steering committee and stakeholder members. Responding to C/Lui, Ms. Gonzales confirmed that all calls would take place inside the city limits. The first final draft is slated for March 2004. JUNE 26, 2003 PAGE 3 P&R COMMISSION 2.2 Recreation Program Report — by RS/Wright. 2.3 Diamond Bar Community Foundation Oral Report — Chair/Hull. CSD/Rose reported his understanding that tile purchases were extended to include last night's concert. 2.4 C.I.P. Program Report — Oral Report by CSD/Rose a. Community/Senior Center b. Sycamore Canyon ADA Retrofit C/Lyons asked CSD/Rose to advise the Commissioners when staff would be presenting the City Council with options for a modular facility. A lot of kids signed up for day camp and Sycamore is a much better place to hold day camp than the Community/Senior Center. C/Torres felt it would behoove the Commission to schedule a meeting with the City Council at the facility. CSD/Rose pointed out that all five Council Members should be at next Friday's 4th of July celebration. C. Starshine Park ADA Retrofit A $25,000 grant request was submitted for playground cover using Starshine Park as the applicant -park. d. Trail Development at Sycamore Canyon Park 4. NEW BUSINESS 4.1 Review of Draft Facility Use Policies for new Community/Senior Center — report by MSA/Crews. MSA/Crews explained that staff would like to present a more refined/revised version of the Use Policies to the City Council on July 15. She asked the Commission to render its recommendation for adoption to the City Council. VC/Grundy was concerned about the Commission recommending adoption of a document that they had not reviewed. C/Torres felt comfortable with staff's document. He felt the proposed rental rates were consistent. C/Lyons was curious about why other governmental agencies get better price breaks than D.B. residents. JUNE 26, 2003 PAGE 4 P&R COMMISSION MSA/Crews explained that the rate applies to other governmental agencies within the community that serve D.B. residents such as the Sheriff's Department, SCAQMD, school districts, etc. C/Lyons asked why there was a difference in the rate for the Group C and Group D banquet room (Page 13). C/Lyons thanked staff for their work on this project. She said that the only item she completely disagreed with was on Page 7 — "no red wine is permitted." She felt that if the City was going to permit weddings and parties they could not expect compliance. MSA/Crews explained that the exclusion of red wine is very common — every city's document contains this exclusion. In fact, no red drinks are allowed because of their potential to cause permanent stains. C/Lui felt that the document would change over time depending on the market for supply and demand. He said he could not find anything about seniors. MSA/Crews referred C/Lui to Page 4, Group B — senior groups. There are no fee schedules for the senior groups. Seniors could continue the current activities or add activities. Seniors could also continue to use Heritage Park. There is a lot of room and activity space for seniors and they would not be charged. VC/Grundy suggested that within the fee schedule the report should state there are no fees for certain groups. MSA/Crews said she would show groups A and B on the fee schedule at no charge. MSA/Crews explained that the City's marketing department would spiff up the fee schedule and included in packets given out to individuals or groups touring the facility. VC/Grundy said he was not prepared to suggest the document was ready to present to Council on July 15 for adoption. C/Torres disagreed. He felt that this was a moving document and that the Commission should not be a stumbling block to obtaining Council's approval. He felt comfortable approving the document so that staff could make the appropriate changes and present the document to the Council. C/Lyons felt that if substantial changes were made that the Commission would have approved a document it had not had an opportunity to peruse. The Commission could recommend the draft presented this evening along with comments. JUNE 26, 2003 PAGE 5 P&R COMMISSION C/Lui suggested that after the tour of the facility the Commissioners might have more comments about the document. MSA/Crews appreciated C/Lui's comment. She said she could send the document out to the Commissioners after the changes were made. If any of the Commissioners had comments, they could call her to discuss them. She stated that the document could be brought back to the Commission on July 24 and presented to the Council on August 4. VC/Grundy agreed that a lot of work had gone into the preparation of the document and that it should be shared with the City Council. He does not want it presented to the Council that the Commission put its stamp of approval on it. CSD/Rose explained that staff wants the document to contain information that the Commission is comfortable recommending for adoption by the City Council. Staff is prepared to go forward with whatever process that requires. C/Torres said that in re -thinking the matter that because this was a document that affected the largest facility in D.B. a subcommittee should be assigned to review the document with staff. VC/Grundy volunteered to participate on the subcommittee. C/Torres said he was out of town next week but would serve on the subcommittee when he returned. The subcommittee agreed to meet with staff during the week of July 7. 4.2 Definition of "Youth at Risk for Youth Employment Program" — Presentation by MSA/Crews. MSA/Crews explained that according to the definition, all youth are "at risk" youth. C/Lui moved, C/Torres seconded, to recommend City Council approval of the definition for "Youth at Risk" as defined in staff's report. Without objection, the motion was so ordered with Chair/Hull being absent. 4.3 Parks and Recreation Commission Tour of new Community/Senior Center Site. The Commissioners concurred to meet at the Community/Senior Center Site at 5:30 p.m. on July 24, 2003 prior to the regular Commission meeting. 5. ANNOUNCEMENTS: C/Lui thanked the Commissioners for sending flowers honoring his departed wife. His life has turned upside down. His wife danced on the stage at the City Birthday Party on April 27. At that time, everything was as normal as it could be. One week later she felt uncomfortable in her stomach. He took her to the doctor and he diagnosed that she had tumors on her liver. In spite of starting chemotherapy immediately, she continued to get worse. She was hospitalized for JUNE 26, 2003 PAGE 6 P&R COMMISSION one month and passed away on June 10. Things progressed so rapidly that it has been difficult for him and his family to bear. He thanked everyone for his and her support. He considered resigning from the Commission but felt he should stay with it for a time to see how he felt. C/Lyons expressed her condolences to C/Lui. She said it is very touching to hear C/Lui speak about his wife. Life is very precious and it is difficult to imagine his loss. The Commission supports him in whatever decision he makes about remaining on the Commission. C/Lyons complimented the Community Services Division on the most recent Recreation Guide. She thought the front cover photo of Sycamore Canyon Park was terrific. She asked staff for a parking pass for the 4t of July Celebration. The Friends of the Library plans to hold another "Read Together Diamond Bar" in October. In addition, the Friends of the Library is proposing to hold a 5K walk/run to benefit the library. C/Torres told C/Lui that it was great to have him back on the Commission. He wished C/Lui and his family the best during this difficult time. He offered his support. VC/Grundy echoed what C/Lyons and C/Lui said. It is good to have C/Lui present tonight. He understands the difficulty for C/Lui and knows that he has to decide whether to remain on the Commission. He is glad that C/Lui decided to stay because VC/Grundy believes C/Lui's participation is important to the group. He offered his support as a Commission, as a friend and as a resident of D.B. VC/Grundy commended RS/Wright on his preparation and participation in the Tuesday night User Group meeting. ADJOURNMENT: Upon motion of C/Lyons, seconded by C/Lui and there being no further business to come before the Commission, Vice Chairman Grundy adjourned the meeting at 9:00 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Dave Grundy Vice Chairman Dave Grundy JUNE 26, 2003 PAGE 2 P&R COMMISSION 2.1 Introduction of Sheryl Gonzales, owner PDG & Associates, Youth Master Plan Consultant. Ms. Gonzales presented her credentials and those of her team members. The plan has four phases: 1) getting organized and planning the plan, 2) identifying steering committee, stakeholder group members, and service providers, 3) data collection, trend analysis, focus groups surveys, identify service gaps and 4) develop the plan of action and complete the Youth Master Plan Document. C/Torres asked Ms. Gonzales to comment on the makeup of the stakeholder group versus the steering committee. Ms. Gonzales explained that the stakeholder group would be a broad representation of all individuals, organizations, agencies (hospitals, business and educational community). The steering committee would be partially identified by Council Members and list of possible stakeholders that would meet certain identified criteria. The criteria includes the ability commit to work on some of the steering committee actions; those having a good knowledge of youth and what is the best way to provide services, and members of the community that are perceived as leaders because they will champion the plan. In response to C/Lyons, Ms. Gonzales confirmed that both school districts would be surveyed. The Search Institute Model is for Grades 6 through 12. The "trends analysis" will assist the consultants in better understanding the issues for lower grades. C/Lyons felt there was a "hole" in the 6 to 12 grade ages. She asked if both high schools would be surveyed? Ms. Gonzales explained that first there must be a relationship created with the school districts. C/Lyons said it would be a bad situation not to include both high schools. Ms. Gonzales said the library would be included. The survey will be sent to a representation sample of households and the adult of the household will respond. Ms. Gonzales responded to VC/Grundy that the survey would include 500 connected telephone calls to randomly selected households. The margin of error is 2.5-3 percent. CSD/Rose indicated to VC/Grundy that there are 17,000 households in D.B. 500 surveys gives a good balance and verifies information received from steering committee and stakeholder members. Responding to C/Lui, Ms. Gonzales confirmed that all calls would take place inside the city limits. The first final draft is slated for March 2004. JUNE 26, 2003 PAGE 3 P&R COMMISSION 2.2 Recreation Program Report - by RS/Wright. 2.3 Diamond Bar Community Foundation Oral Report - Chair/Hull. CSD/Rose reported his understanding that tile purchases were extended to include last night's concert. 2.4 C.I.P. Program Report - Oral Report by CSD/Rose a. b. Community/Senior Center Sycamore Canyon ADA Retrofit C/Lyons asked CSD/Rose to advise the Commissioners when staff would be presenting the City Council with options for a modular facility. A lot of kids signed up for day camp and Sycamore is a much better place to hold day camp than the Community/Senior Center. C/Torres felt it would behoove the Commission to schedule a meeting with the City Council at the facility. CSD/Rose pointed out that all five Council Members should be at next Friday's 4th of July celebration. c. Starshine Park ADA Retrofit A $25,000 grant request was submitted for playground cover using Starshine Park as the applicant -park. d. Trail Development at Sycamore Canyon Park 4. NEW BUSINESS 4.1 Review of Draft Facility Use Policies for new Community/Senior Center - report by MSA/Crews. MSA/Crews explained that staff would like to present a more refined/revised version of the Use Policies to the City Council on July 15. She asked the Commission to render its recommendation for adoption to the City Council. VC/Grundy was concerned about the Commission recommending adoption of a document that they had not reviewed. C/Torres felt comfortable with staffs document. He felt the proposed rental rates were consistent. C/Lyons was curious about why other governmental agencies get better price breaks than D.B. residents. JUNE 26, 2003 PAGE 4 P&R COMMISSION MSA/Crews explained that the rate applies to other governmental agencies within the community that serve D.B. residents such as the Sheriffs Department, SCAQMD, school districts, etc. C/Lyons asked why there was a difference in the rate for the Group C and Group D banquet room (Page 13). C/Lyons thanked staff for their work on this project. She said that the only item she completely disagreed with was on Page 7 - "no red wine is permitted." She felt that if the City was going to permit weddings and parties they could not expect compliance. MSA/Crews explained that the exclusion of red wine is very common - every city's document contains this exclusion. In fact, no red drinks are allowed because of their potential to cause permanent stains. C/Lui felt that the document would change over time depending on the market for supply and demand. He said he could not find anything about seniors. MSA/Crews referred C/Lui to Page 4, Group B - senior groups. There are no fee schedules for the senior groups. Seniors could continue the current activities or add activities. Seniors could also continue to use Heritage Park. There is a lot of room and activity space for seniors and they would not be charged. VC/Grundy suggested that within the fee schedule the report should state there are no fees for certain groups. MSA/Crews said she would show groups A and B on the fee schedule at no charge. MSA/Crews explained that the City's marketing department would spiff up the fee schedule and included in packets given out to individuals or groups touring the facility. VC/Grundy said he was not prepared to suggest the document was ready to present to Council on July 15 for adoption. C/Torres disagreed. He felt that this was a moving document and that the Commission should not be a stumbling block to obtaining Council's approval. He felt comfortable approving the document so that staff could make the appropriate changes and present the document to the Council. C/Lyons felt that if substantial changes were made that the Commission would have approved a document it had not had an opportunity to peruse. The Commission could recommend the draft presented this evening along with comments. JUNE 26, 2003 PAGE 5 P&R COMMISSION C/Lui suggested that after the tour of the facility the Commissioners might have more comments about the document. MSA/Crews appreciated C/Lui's comment. She said she could send the document out to the Commissioners after the changes were made. If any of the Commissioners had comments, they could call her to discuss them. She stated that the document could be brought back to the Commission on July 24 and presented to the Council on August 4. VC/Grundy agreed that a lot of work had gone into the preparation of the document and that it should be shared with the City Council. He does not want it presented to the Council that the Commission put its stamp of approval on it. CSD/Rose explained that staff wants the document to contain information that the Commission is comfortable recommending for adoption by the City Council. Staff is prepared to go forward with whatever process that requires. C/Torres said that in re -thinking the matter that because this was a document that affected the largest facility in D.B. a subcommittee should be assigned to review the document with staff. VC/Grundy volunteered to participate on the subcommittee. C/Torres said he was out of town next week but would serve on the subcommittee when he returned. The subcommittee agreed to meet with staff during the week of July 7. 4.2 Definition of "Youth at Risk for Youth Employment Program" - Presentation by MSA/Crews. MSA/Crews explained that according to the definition, all youth are "at risk" youth. C/Lui moved, C/Torres seconded, to recommend City Council approval of the definition for "Youth at Risk" as defined in staffs report. Without objection, the motion was so ordered with Chair/Hull being absent. 4.3 Parks and Recreation Commission Tour of new Community/Senior Center Site. The Commissioners concurred to meet at the Community/Senior Center Site at 5:30 p.m. on July 24, 2003 prior to the regular Commission meeting. 5. ANNOUNCEMENTS: C/Lui thanked the Commissioners for sending flowers honoring his departed wife. His life has turned upside down. His wife danced on the stage at the City Birthday Party on April 27. At that time, everything was as normal as it could be. One week later she felt uncomfortable in her stomach. He took her to the doctor and he diagnosed that she had tumors on her liver. In spite of starting chemotherapy immediately, she continued to get worse. She was hospitalized for JUNE 26, 2003 PAGE 6 P&R COMMISSION one month and passed away on June 10. Things progressed so rapidly that it has been difficult for him and his family to bear. He thanked everyone for his and her support. He considered resigning from the Commission but felt he should stay with it for a time to see how he felt. C/Lyons expressed her condolences to C/Lui. She said it is very touching to hear C/Lui speak about his wife. Life is very precious and it is difficult to imagine his loss. The Commission supports him in whatever decision he makes about remaining on the Commission. C/Lyons complimented the Community Services Division on the most recent Recreation Guide. She thought the front cover photo of Sycamore Canyon Park was terrific. She asked staff for a parking pass for the 4t of July Celebration. The Friends of the Library plans to hold another "Read Together Diamond Bar" in October. In addition, the Friends of the Library is proposing to hold a 5K walk/run to benefit the library. C/Torres told C/Lui that it was great to have him back on the Commission. He wished C/Lui and his family the best during this difficult time. He offered his support. VC/Grundy echoed what C/Lyons and C/Lui said. It is good to have C/Lui present tonight. He understands the difficulty for C/Lui and knows that he has to decide whether to remain on the Commission. He is glad that C/Lui decided to stay because VC/Grundy believes C/Lui's participation is important to the group. He offered his support as a Commission, as a friend and as a resident of D.B. VC/Grundy commended RS/Wright on his preparation and participation in the Tuesday night User Group meeting. ADJOURNMENT: Upon motion of C/Lyons, seconded by C/Lui and there being no further business to come before the Commission, Vice Chairman Grundy adjourned the meeting at 9:00 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose Secretary Attest: /s/ Dave Grundy Vice Chairman Dave Grundy AGENDA N0. 65 NOTICE REGARDING THE WARRANT REGISTERS Please note that the Warrant Registers 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 Registers, please contact the City Clerk's office at 909-839-7010 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. Agenda # Meeting Date: 6.5 August S, 2003 AGENDA REPORT CITY COUNCIL . ,, _4" TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approval of Voucher Registers dated July 17, 2003, July 24, 2003 and July 31, 2003 totaling $1,853,152.72. RECOMMENDATION: Approve Voucher Registers. FINANCIAL IMPACT: Expenditure of - $1,853,152.72 in budgeted funds. BACKGROUND: At the September 17, 2002 City Council meeting, the City established a policy of issuing accounts payable checks on a weekly basis with City Council ratification and approval at its next regularly scheduled City Council meeting. DISCUSSION: The list of accounts payable bills, in the form of two voucher registers, were reviewed and recommended for payment by the Finance Subcommittee. The Finance Subcommittee has reviewed the Voucher Registers dated July 17, 2003 for $290,649.50, July 17, 2003 for $1,138,735.93 and July 31, 2003 for $423,767.29. The voucher registers are now being presented to the City Council for ratification and approval. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Departrfidht Head Deputy City Manager Attachments: Voucher Registers — 07/17/03, 07/24/03, and 07/31/03 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, July 17, 2003 DATE: July 17, 2003 Attached is the Voucher Register dated July 17, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on August 5, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated July 17, 2003 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION 001 GENERAL FUND 011 COM DRGANIZATION SUPPORT 112 PROP A - TRANSIT FUND 115 INTEGRATED WASTE MGT FUND 125 COM DEV BLK GRANT FUND 126- CITIZENS OPT -PUBLIC SFTY 138 LLAD #38 FUND 139 LLAD #39 FUND 1Al1 LLAD #41 FUND 250 CAPITAL IMPROV/PROJ FUND REPORT' FOR ALL FUNDS APPROVED BY: � Linda G. llagi-iil�,on Finance Director . Linda C. Lowry � ) City Manager PREPAID VOUCHERS TOTAL 103,250.00 118,238'74 221,488.74 .00 500.00 500.00 .00 22,760.87 22_760.87 .0O 3,598.98 3,598.98 .00 3,575.00 3,575.00 .0O 2,482.09 2,482.09 .00 10,855.20 10,855.20 .00 3,349.35 3,349.35 .00 3,675.79 34675.79 .0O 18,363.48 18,363.48 103,250,00 187,399.50 290,649.50 Carol Herrera Mayor ^Robert S. Huff Mayor Pro Tem a � ' CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 1 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK LETICIA ACUNA 001-23002-- 3041 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 ADVANCED APPLIED ENGINEERING INC 2505510-46411-01403-46411 13004 12839 CIP PRJ-AREA 5 SLRRY SEAL 1,290.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,290.00 TOTAL DUE VENDOR 1,290.00 AIRBORNE SYSTEMS INC. 0014090-42120-- W6863835 EXPRESS MAIL -GENERAL 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 AMERICANA ART CHINA CO 0014090-41400-- 35203 SUPPLIES -CITY MUGS 11.27 0014090-41400-- 35202 SUPPLIES -CITY MUGS 23.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.57 TOTAL DUE VENDOR 34.57 AREA D 0014440-42315-- 307 MEMBERSHIP DUES -FY 03/04 2,825.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,825.00 TOTAL DUE VENDOR 2,825.00 AT&T 0014090-42125-- LONG DIST CHRGS 17.32 0015340-42125-- LONG DIST CHARGES 19.64 TOTAL PREPAIDS .00 TOTAL VOUCHERS 36.96 TOTAL DUE VENDOR 36.96 AT&T WIRELESS SERVICES 0014090-42125-- CELL CHRGS-POOL VEH 159.79 1264411-42125-- CELL CHRGS-SHERIFF 26.09 0014415-42125-- CELL CHRGS-V/PATROL 26.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 211.97 TOTAL DUE VENDOR 211.97 SYBIL BADGER 001-23002-- 3040 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 2 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WENDY BEADLES 001-23002-- 3042 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 BESTPRICEAUDIOVIDEO.COM 1264411-46250-- 13213 A5618 DIGITAL CAMCORDER -SHERIFF 2,456.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,456.00 TOTAL DUE VENDOR 2,456.00 CARROT TOP IND 0015350-41200-- 00310019 SUPPLIES -RECREATION 350.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350.00 CHARLES ABBOTT ASSOCIATES INC 2505510-46412-17502-46412 2056 TRFFC CONTROL -COMM SR CTR 255.75 001-23012-- 2057 PROF.SVCS-EN 03-376 573.75 001-23012-- 2053 PROF.SVCS-EN 03-355 186.00 001-23012-- 2058 PROF.SVCS-EN 01-317 153.65 001-23012-- 2054 PROF.SVCS-EN 03-369 291.60 001-23012-- 2055 PROF.SVCS-EN 03-369 232.50 00.15510-45227-- 12901 2051 PROF.SVCS-INSPECTION 186.00 0015551-45223-- 12977 2059 PROF.SVCS-PLAN CHECK 127.50 0015551-45223-- 12876 2052 PROF.SVCS-PLAN CHECK 295.00 0015510-45227-- 13028 2060 PROF.SVCS-INSPECTION .127.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,429.25 TOTAL DUE VENDOR 2,429.25 GEENA CHRISTENSEN 001-34780-- 3076 RECREATION REFUND 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 CITY OF LA VERNE 0014411-45405-- JUN 03 PRKG CITE HRGS-JUN 03 905.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS - 905.00 TOTAL DUE VENDOR 905.00 CM SCHOOL SUPPLY 0015350-41200-- 57386 SUPPLIES -4TH JULY BLAST - 13.92 TOTAL PREPAIDS .00 TOTAL VOUCHERS 13.92 TOTAL DUE VENDOR 13.92 PAGE: 3 PREPAID AMOUNT DATE CHECK 1,009.43 .00 1,009.43 1,009.43 150.00 .00 150.00 150.00 281.02 171.85 .00 452.87 452.87 899.00 .00 899.00 899.00 96.00 64.00 .00 160.00 160.00 623.28 .00 623.28 623.28 1,750.00 875.00 .00 2,625.00 2,625.00 37.89 00 37.89 37.89 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER DUE THRU: 07/17/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION CORDOVA & ASSOCIATES 1155515-41400-- 13260 2003-84 SUPPLIES -PROMO ITEMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CRAIG CROTTY 0015558-45509-- 02-03 TREE ASSESSMNT-JUN 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DAY & NITE COPY CENTER 0014090-42110-- 185511 PRINT SVCS -STAFF MTG 0015210-42110-- 184246 PRINT SVCS -PLANNING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DEPARTMENT OF CONSERVATION 001-34.350-- SMIP FEES -APR -JUN 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DEPARTMENT OF JUSTICE 0015350-45300-- 436876 EMPLOYMENT BACKGROUND CK 0015350-45300-- 436876 EMPLOYMENT BACKGROUND CK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DEPARTMENT OF TRANSPORTATION 0015554-45507-- 12111 164219 SIGNAL MAINT-MAY 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DIAMOND BAR COMMUNITY FOUNDATION 0014030-44000-- 13011 2697 PROF.SVCS-GRANT WRITING 0014030-44000-- 13011 2683 PROF.SVCS-GRANT WRITING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DIAMOND BAR FINE ART & FRAMING 0014090-41400-- 787 CHANGE/CLEAN PHOTO PLATES TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 3 PREPAID AMOUNT DATE CHECK 1,009.43 .00 1,009.43 1,009.43 150.00 .00 150.00 150.00 281.02 171.85 .00 452.87 452.87 899.00 .00 899.00 899.00 96.00 64.00 .00 160.00 160.00 623.28 .00 623.28 623.28 1,750.00 875.00 .00 2,625.00 2,625.00 37.89 00 37.89 37.89 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 4 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR HILLS CLUB 0015350-42140-- 12421 346 FACILITY RENTAL -SPRING 03 1,282.50 0015350-42140-- 12421 3.45 FACILITY RENTAL -WINTER 03 1,170.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,452.50 TOTAL DUE VENDOR 2,452.50 DIAMOND BAR IMPROVEMENT ASSOCIATION 0014095-42115-- 4930 JUL ADS-CONCERTS/4TH JULY 450.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 450-00 TOTAL DUE VENDOR 450.00 DIAMOND BAR PETTY CASH 0015310-41200-- COM SVCS -SUPPLIES 16.48 0014090-41400-- GEN GOVT -PROM ITEMS 11.97 0015310-41200-- COM SVCS -SUPPLIES 10.00 0015350-42325-- REC-MEETINGS 3.00 0014010-41200-- COUNCIL -SUPPLIES 5.39 0015510-42325-- PWKS-MEETING 10.00 0014090-42310-- GEN GOVT -FUEL 10.00 0015350-42353-- CITY B/DAY PTY -SUPPLIES 13.68 0014090-42120-- GEN GOVT -POSTAGE 4.65 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.17 TOTAL DUE VENDOR 85.17 DIAMOND BAR POP WARNER 0114010-42355-- COMMUNITY SUPPORT FUND 500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 500.00 TOTAL DUE VENDOR 500.00 DIANA CHO & ASSOCIATES 1255215-44000-D9690602-44000 A12965 MAY 03 CDBG SVCS -MAY 03 1,820.00 1255215 -44000 -D9690602 -4400C A12965 JUNE 03 CDBG SVCS -JUNE 03 1,755.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,575.00 ' TOTAL DUE VENDOR 3,575.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 12415 DIAMOND RIDE -6/1-6/15 10,048.94 1125553-45529-- 12415 DIAMOND RIDE -5/16-5/31 11,919.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21,968.87 TOTAL DUE VENDOR 21,968.87 DRIVER ALLIANT INSURANCE SERVICES 001-23004-- SPCL EVENT INS -2ND QTR 1,332.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,332.50 TOTAL DUE VENDOR 1,332.50 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 5 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DUBBERLY GARCIA ASSOCIATES INC 0014090-44000-- 12680 167 LIBRARY CNSLTNG SVCS 4,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,000.00 TOTAL DUE VENDOR 4,000.00 EDUCATION TO GO, INC 0015350-45300-- 13103 822167 CONTRACT CLASS-SPRING 117.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 117.00 TOTAL DUE VENDOR 117.00 EDWARD ERAMYA 001-32230-- DB 27650 REFUND-PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 FEDERAL EXPRESS 0014090-42120-- 474958917 EXPRESS MAIL-GENERAL 23.05 0014090-42120-- 474999301 EXPRESS MAIL-GENERAL 64.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 87.44 TOTAL DUE VENDOR 87.44 YOLANDA GALVAN 001-34760-- 2989 RECREATION REFUND 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR 95.00 ANNIE GAO CC1-34760-- 2923 RECREATION REFUND 110.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 110.00 TOTAL DUE VENDOR 110.00 GRAFFITI CONTROL SYSTEMS 0015230-45520-- 12134 DB 6/03 GRAFFITI CONTRL-JUN 03 2,070.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,070.00 TOTAL DUE VENDOR 2,070.00 DAVID J GRUNDY 0015350-44100-- P & R COMM-6/26 45.00 TOTAL PREPAIDS _00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 HALL & FOREMAN,INC 001-23012-- 13-05-049 PROF.SVCS-EN 03-372 191.25 0015510-45227-- 13074 03-05-049 PROF.SVCS-INSPECTION 127.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 318.75 TOTAL DUE VENDOR 318.75 CITY OF DIAMOND BAR RUN DATE: 07/17/2OD3 14:29:07 VOUCHER REGISTER PAGE: 6 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HINDERLITER, de LLAMAS & ASSOCIATES 0014050-44000-- 0008554-IN SALES TAX AUDIT-4TH QTR 5,443.08 0014050-44000-- 0008554-IN TAX AUDITING SVCS-2ND QTR 900.00 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 6,343.08 TOTAL DUE VENDOR 6,343.08 HOME DEPOT 2505310-46415-15700-46415 A13220 6081801 SUPPLIES-SYC CYN PK 1,121.11 2505310-46415-15700-46415 A13220 23000718 SUPPLIES-SYC CYN PK 3,093.94 2505310-46415-15700-46415 A13220 22882757 SUPPLIES-SYC CYN PK 2,376.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,591.73 TOTAL DUE VENDOR 6,591.73 INLAND EMPIRE STAGES 1125360-45310-- 13152 9509 TRANSPORTATION-S/BARBARA 792.00 001535.0-45310-- 13152 9509 EXCURSN-SANTA BARBARA 5,128.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,920.00 TOTAL DUE VENDOR 5,920.00 DARLENE JARVINA OC1-23002-- 3046 REFUND PK DEP-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 JOBS AVAILABLE 0014060-42115-- 314023 JOB ANNOUNCEMENT-JUN 03 331.20 TOTAL PREPAIDS .00 TOTAL. VOUCHERS 331.20 TOTAL DUE VENDOR 331.20 JUDICIAL DATA SYSTEMS CORPORATION 0014411-45405-- 3806 PARKING CITE ADMIN-APR 03 1,080.72 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,080.72 TOTAL DUE VENDOR 1,080.72 KIKY TOYS 0014095-41400-- 13113 CS23-138 PROMO ITMES-BEANIE BEAR 750.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 750.00 TOTAL DUE VENDOR 750.00 AIMEE KIM 001-34760-- 2924 RECREATION REFUND 375.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 375.00 TOTAL DUE VENDOR 375.00 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 7 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK KLEINFELDER INC 001-23012-- 96705 PROF -SVCS -EN 03-366 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 KOURY ENGINEERING & TESTING INC 25D5215-46420-13899-46420 12681 906462 -IN INSPECTION SVCS-C/SR CTR 1,824.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,824.00 TOTAL DUE VENDOR 1,824.00 LA COUNTY REGISTRAR -RECORDER 0014040-42325-- MTG-WHITEHOUSE/CRIBBINS 70.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 70.00 TOTAL DUE VENDOR 70.00 LA COUNTY SHERIFF'S DEPT 001-21114-- PP 14-15 SLRY ATTCHMT-SVA022922 268.81 TOTAL PREPAIDS .00 TOTAL VOUCHERS 268.81 TOTAL DUE VENDOR 268.81 LDS CHURCH 001-23002-- 3043 REFUND PK DEP-MAPLE HILL 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 LEXISNEXIS MATTHEW BENDER 0014060-42320-- 6531171X PUBLICATIONS -LABOR LAW 89.64 TOTAL PREPAIDS .00 TOTAL VOUCHERS 89.64 TOTAL DUE VENDOR 89.64 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 14-15 SLRY ATTCHMT-BD0001469 147.56 001-21114-- PP 14-15 SLAY ATTCHMT-BY0426064 181.19 TOTAL PREPAIDS .00 TOTAL VOUCHERS 328.75 TOTAL DUE VENDOR 328.75 ANDREW LUI 0015350-44.100-- P & R COMM -6/26 45.00 TOTAL PREPAIDS .CC TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 NANCY LYONS , 0015350-44100-- P & R COMM -6/26 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 8 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MAC'S PRINTING INC 1155516-42110-- 13175 113916 PRINT SVCS -POST CARDS 2,589.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,589.55 TOTAL DUE VENDOR 2,589.55 GARY L NEELY 0015210-44000-- 12343 07103-13 PROF.SVCS-GOVCONSULTANT 3,240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,240.00 TOTAL DUE VENDOR 3,240.00 STEVEN G. NELSON 0015210-44100-- PLNN COMM -5/13,5/27 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 ELOISE D NEPOMUCENO 001-23002-- 3045 REFUND PK DEP-REAGAN 50.00 TOTAL PREPAIDS •00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DANIEL NOLAN 0015210-44100-- PLNN COMM -5/13 65.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 65.00 OLYMPIC STAFFING SERVICES 0015510-44000-- 95058 TEMP SVCS -PUBLIC WORKS 188.67 0015310-44000-- 95058 TEMP SVCS -COMM SVCS 79.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 268.11 TOTAL DUE VENDOR 268.11 ORANGE COUNTY FAIR 0015350-42410-- 13322 7/16/03 EXCURSION -DAY CAMP 850.00 07/17/2003 55083 TOTAL PREPAIDS 850.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 850.00 PAYRCLL TRANSFER 001-10200-- PP 15/03 PAYROLL TRANSFER -PP 15/03 102,400.00 07/17/2003 PP 15/03 TOTAL PREPAIDS 102,400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 102,400.00 t 1 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 10 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION AMOUNT DATE CHECK JIMMY RAMIREZ 0015350-453OC-- 13292 CONTRACT CLASS -SUMMER 1,636.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,636.20 - TOTAL DUE VENDOR 1,636.20 JOSEPH RUZICKA 0015210-44100-- PLNG COMM -5/13,5/27 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 S C SIGNS & SUPPLIES LLC 0015554-41250-- 25483 SUPPLIES -ROAD MAINT 10.83 TOTAL PREPAIDS 00 TOTAL VOUCHERS 10.83 TOTAL DUE VENDOR 10.83 SAN DIMAS SWIM AND RACQUET BALL CLB 0015350-42410-- 13167 7303 EXCURSION -DAY CAMP 57.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 57.00 TOTAL DUE VENDOR 57.OD SCAN NATOA 0014030-42315-- 03/75/198 MEMBRSHP DUES-DOYLE 75.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 75.00 TOTAL DUE VENDOR 75.00 SECTRAN SECURITY INC 0014090-44000-- 13164 7111 COURIER SVCS-JUL 03 242.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 242.40 TOTAL DUE VENDOR 242.40 WARREN SIECKE 2505510-46412-18803-46412 13256 5112 TRFFC SGML-PTHFND/EVRGRN 550.67 2505510-46412-18903-46412 13257 5441 TRFFC SGNL-B/CYN/LYCOMING 3,375.00 2505510-46412-19503-46412 13256 5112 TRFFC SGNL-PTHFND/DBHS 550.66 2505510-46412-19003-46412 13257 5441 TRFFC SGNL-G/SPRGS/BALLEN 3,375.00 2505510-46412-18703-46412 13256 5112 TRFFC SGNL-PTHFND/FRNHLLW 550.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,402.00 TOTAL DUE VENDOR 8,402.00 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 11 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SIGNAL MAINTENANCE INCORPORATED 00.15554-45507-- 12325 51218523 TRFFC SIGNAL MAINT-JUN 03 2,142.00 0015554-45507-- 12325 51218965 ADDL SIGNAL MAINT-JUNE 03 75.00 0015554-45507-- 12325 S1218835 ADDL SIGNAL MAINT-JUNE 03 291.61 - 0015554-45507-- 12325 51219047 ADDL SIGNAL MAINT-JUNE 03 1,989.85 0015554-45507-- 12325 S1219119 ADDL SIGNAL MAINT-JUNE 03 136.50 0015554-45507-- 12325 S1219033 ADDL SIGNAL MAINT-JUNE 03, 830.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,464.96 TOTAL DUE VENDOR 5,464.96 SIR SPEEDY 0015510-42110-- A13178 23477 PRINT SVCS -PUBLIC WORKS 596.35 TOTAL PREPAIDS 00 TOTAL VOUCHERS 596.35 TOTAL DUE VENDOR 596.35 TAMIKO SLACK 001-23002-- 3044 REFUND PK DEP-PANTERA 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 39.24 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 22.27 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 654.57 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 33.41 TOTAL PREPAIDS .00 TOTAL VOUCHERS 749.49 TOTAL DUE VENDOR 749.49 SPORT SUPPLY GROUP INC 0015350-41200-- 91198079 SUPPLIES -RECREATION 134.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 134.07 TOTAL DUE VENDOR 134.07 STEVENS ENTERPRISES INC 0015510-42110-- 13282 012952 -IN SUPPLIES -PAPER 186.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 186.89 TOTAL DUE VENDOR 186.89 SUNGARD PENTAMATION INC 0014050-44030-- 0603-1259 DATA LINES CHARGES -JUN 03 8.86 0014050-44030-- 0703-1259 DATA LINES CHRGS-JUNE 03 15.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24.66 TOTAL DUE VENDOR 24.66 i CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 12 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MINERVA TABANGCURA 001-34780-- 3250 RECREATION REFUND 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 JACK TANAKA 0015210-44100-- PLNN COMM -5/13,5/27 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 MARTIN TORRES 0015350-44100-- P & R COMM -6/26 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 STEVEN TYE 0015210-44100-- PLNN COMM -5/13,5/27 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 URBAN ENTOMOLOGY ASSOCIATE 0015558-45509-- 406 BEE REMOVAL-CAPEN AVE 125.00 1385538-42210-- 12991 393 GOPHER CONTROL-DIST 38 418.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 543.28 TOTAL DUE VENDOR 543.28 US BANCORP PIPER JAFFRAY 0014090-44000-- 13047 REMKTG FEES -APR -JUNE 4,286.66 TOTAL PREPAIDS 00 TOTAL VOUCHERS 4,286.66 TOTAL DUE VENDOR 4,286.66 US HEALTHWORKS MEDICAL GROUP 0014060-42345-- 028-045546 PRE-EMPLOYMENT PHYSICAL 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 VANTAGEPOINT TRANSFER AGENTS -457 001-21108-- PP15-303248 JUL 03 -PAYROLL DEDUCTIONS 2,940.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,940.39 TOTAL DUE VENDOR 2,940.39 RUN DATE- 07/17/2003 14:29:07 FUND/SECT-ACCT-PROJECT-ACCT WALNUT VALLEY UNIFIED SCHOOL DIST. 0015350 -42140 -- 0015350 -42140 -- 0015350 -42140 -- 0015350 -42140 -- WALNUT VALLEY WATER DISTRICT 0015340 -42126 -- 1385536 -42126 -- 1415541 -42126 -- 1395539 -42126 -- 0014440 -42126 -- WEB CROSSING INC 0014070 -44030 -- WELLS FARGO CARD SERVICES 0014095-45000-- 0014090-4.2125-- 0014090-42125-- 0015240-42.330-- 0015240-42330-- 0015240-42330-- 0015230-42310-- 0015240-42330-- 0014090-42310-- 0014095-41200-- 0014090-41400-- 0015350-42325-- 0014090-41400-- 0015240-42330-- CC14010-44000-- 0015310-42330-- 0014095-42330-- 0015510-42320-- 0015350-41200-- 0014095-42315-- WATER SVCS -PARKS WATER SVCS -DIST 38 WATER SVCS -DIST 41 WATER SVCS -DIST 39 9851 ELECT SVCS-EASTGATE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13329 0709030114 HOSTING SVCS -FY 03/04 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MEMBRSHP-WEBSITE DOMAIN PALMNET SVCS-DESTEFANO PALMNET SVCS-DESTEFANO ICSC CONF-DESTEFANO ICSC CONF-DESTEFANO CREDIT MEMO-ICSC FUEL -COM DEV ICSC CONF-DESTEFANO FUEL -GENERAL SUPPLIES -PUBLIC INFO SUPPLIES -GENERAL MTG SUPPLIES -COMM SVCS SUPPLIES -GENERAL FUEL-ICSC CONF PROF -SVCS -AOL ONLINE SEMINAR -D HENSLEY REGISTRATION-ICSC PUBLICATION-P/WORKS SUPPLIES-COMM.SVCS MEMBRSHP DUES -M ROA TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11,654.27 10,436.92 3,675.79 3,349.35 30.76 .00 29,147.09 29,147.09 615. CC .00 615.00 615.00 105.00 10.90 10.72 107.91 32.70 -158.05 29.02 249.89 29.05 149.95 5.13 36.47 32.93 26.10 23.90 144.00 105.00 40.00 140.06 50.00 .00 1,170.68 1,170.68 CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 13 DUE THRU: 07/17/2003 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 12243 AR02-03-2408 FACILITY RENTAL -MAY -JUN 72.00. 12243 AR02-03-2424 FACILITY RENTAL -MAR -JUN 3,780.00 12243 AR02-03-2425 FACILITY RENTAL -MAR-JUN 2,560.00 12243 AR02-03-2423 FACILITY RENTAL -MAR -JUN 500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,912.00 TOTAL DUE VENDOR 6,912.00 WATER SVCS -PARKS WATER SVCS -DIST 38 WATER SVCS -DIST 41 WATER SVCS -DIST 39 9851 ELECT SVCS-EASTGATE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 13329 0709030114 HOSTING SVCS -FY 03/04 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MEMBRSHP-WEBSITE DOMAIN PALMNET SVCS-DESTEFANO PALMNET SVCS-DESTEFANO ICSC CONF-DESTEFANO ICSC CONF-DESTEFANO CREDIT MEMO-ICSC FUEL -COM DEV ICSC CONF-DESTEFANO FUEL -GENERAL SUPPLIES -PUBLIC INFO SUPPLIES -GENERAL MTG SUPPLIES -COMM SVCS SUPPLIES -GENERAL FUEL-ICSC CONF PROF -SVCS -AOL ONLINE SEMINAR -D HENSLEY REGISTRATION-ICSC PUBLICATION-P/WORKS SUPPLIES-COMM.SVCS MEMBRSHP DUES -M ROA TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11,654.27 10,436.92 3,675.79 3,349.35 30.76 .00 29,147.09 29,147.09 615. CC .00 615.00 615.00 105.00 10.90 10.72 107.91 32.70 -158.05 29.02 249.89 29.05 149.95 5.13 36.47 32.93 26.10 23.90 144.00 105.00 40.00 140.06 50.00 .00 1,170.68 1,170.68 REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS. REPORT TOTAL 103,250.00 187,399.50 290,649.50 CITY OF DIAMOND BAR RUN DATE: 07/17/2003 14:29:07 VOUCHER REGISTER PAGE: 14 DUE THRU: 07/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WHIPSYS INC 0014070-44000-- 12992 20057 NETWORK MAINT-APR 03 110.00 0014070-44000-- 12992 20061 NETWORK MAINT-MAY 03 135.00 0014070-44000-- 12992 20068 PROF.SVCS-COMPUTERS-6/3 1,120.00 0014070-44000-- 12992 20062 PROF.SVCS-COMPUTERS 5/3 1,960.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,325.00 TOTAL DUE VENDOR 3,325.00 YOSEMITE WATERS 0015310-42130-- 12165 191998 EQ RENTAL -JUN 03 12.00 0015310-41200-- 12165 191998 WATER SUPPLIES-SYC CYN PK 39.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51.50 TOTAL DUE VENDOR 51.50 FRANK YOUNG 001-32230-- DB 28427 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS. REPORT TOTAL 103,250.00 187,399.50 290,649.50 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, July 24, 2003 DATE: July 24, 2003 Attached is the Voucher Register dated July 24, 2003. As requested, the Finance Department is submitting the voucher register for the F inance C ommittee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on August 5, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated July 24, 200L: have been revievied, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts FUND DESCRIPTION .00 001 GENERAL FUND 500.00 011 COM ORGANIZATION SUPPORT 11: PROP A - TRANSIT FUND 115 INTEGRATED WASTE MGT FUND 11 AIF: ULTY IMPR FD (AB2766) 130 I.LAD #3'--' FUND LLAV #:39 FUND 141 L.LAD #41 FUND 25 CAPITAL IMPROV /PROD FUND REPORT FOR ALL FUNDS APPROVED PY : Linda G. M g ,Son Finance Director Linde C. Lowry City M -Mager PREPAID VOUCHERS .00 432,118.65, .00 500.00 .00 6.=,831.18 V .00 17,76 .79 .00 95.1 .00 193.71 .00 11,9 1.44 .00 3,562.03 .00 609,690.82.5 .00 Carrel Herrera Mayor Robert S. Huff Mayor Pro Tem 'TOTAL. 43:x, 11E;.0-.9 500.00 6-2-, 831. 18 17,76-2. 79 `55.27 19::.71 11,981.44 L: , 5E,21 . 0'? CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11.58:17 VOUCHER REGISTER PAGE: 1 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION - PREPAID AMOUNT DATE CHECK ABSOLUTE ASPHALT 0015554-41250-- 0015686 SUPPLIES -ROAD MAINT 508.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 508.43 TOTAL DUE VENDOR 508.43 ADAPT CONSULTING INC 1155516-41400-- 1255 PROMO ITEMS -PENCILS 259.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 259.05 TOTAL DUE VENDOR 259.05 ADE INC 0014090-44000-- 347503 GRANT WRITING SVCS -JUN 03 4,575.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,575.00 TOTAL DUE VENDOR 4,575.00 AJAX SIGN GRAPHICS INC 0014090-41200-- 18946 SUPPLIES -NAMEPLATE 16.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.59 TOTAL DUE VENDOR 16.59 ALPERT'S PRINTING INC I, 0014095-42110-- 25871 PRINT SVCS -BUS CARDS 74.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 74.28 TOTAL DUE VENDOR 74.28 AMERICAN CLASSIC SANITATION 0015340-42130-- 12420 105394 EQ RENTAL-LORBEER SCH JUN . 138.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 138.00 TOTAL DUE VENDOR 138.00 LARRY ANDUHA 001-32230-- DB 27368 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CHRISTINE ANN ANGELI 0015350-45300-- 13150 CONTRACT CLASS-SummER 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR - 45.00 APSI INC 2505215-46420-13899-46420 11731 20036 -028 -CS CONSTRCTN SVCS -COM SR CTR 24,089.12 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24,089.12 TOTAL DUE VENDOR 24,089.12 1 / RUN DATE: 07/24/2003 11:58:17 FUND/SECT-ACCT-PROTECT-ACCT AT&T 0014090-42125-- 0014090-42125-- KYR.ENA AZAR-CAPSHAW 001 -34780 -- BEE REMOVERS 0015558 -45509 -- CITY OF DIAMOND BAR VOUCH REGISTER DUE THRU: 07/24/2003 PO # INVOICE DESCRIPTION - LANG DIST CERGS LANG DIST CHRGS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3284 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 576579 BEE REMOVE-CAPEN DRIVE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT PAGE: 2 PREPAID DATE CHECK 19.75 19.01 .00 38.76 38.76 55.00 .00 55.00 55.00 105.00 .00 105.00 105.00 m RUN DATE: 07/24/2003 11:58:17 FUND/SECT-ACCT-PROJECT-ACCT BOISE CASCADE OFFICE PRODUCTS 0015350-41200-- 0014090-41200-- 0015350-41200-- 0015350-41200-- 0014030-41200-- 0014040-41200-- 0015210-41200-- 0015350-46250-- 0014090-41200-- 0015350-41200-- 0014090-41200-- 0015350-41200-- 0014090-41200-- 0014030-41300-- 0014090-41200-- 0015350-41200-- 0014090-41200-- 0014090-41200-- 0014090-41200-- 0014040-41200-- 0014030-41200-- 001403D-41200-- 0015210-41200-- 0014090-41200-- 0014095-41200-- 0014090-41200-- 0015230-41200-- 0015230-41200-- 0014090-41200-- 0015510-41200-- 0015510-41200-- 0015510-41200-- 0014090-41200-- 0015210-412DD-- 0015510-41200-- 0015510-41200-- 0014090-41200-- 0015350-41200-- BONTERRA CONSULTING INC 001 -23011 -- 001 -23010 -- 001 -23010 -- PO # CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 07/24/2003 INVOICE DESCRIPTION - PO 12318 SUPPLIES -RECREATION PO 12318 CREDIT MEMO -GENERAL PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES -CITY MANAGER PO 12318 SUPPLIES -CITY CLERK PO 12318 SUPPLIES -BLDG A SFTY PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES-GENERhL PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES -GENERAL, PO 13344 SUPPLIES -CITY MANAGER PO 12318 CREDIT MEMO -GENERAL PO 12318 SUPPLIES -RECREATION PO 13344 SUPPLIES -GENERAL PO 13344 SUPPLIES -GENERAL PO 12318 SUPPLIES -GENERAL PO 13344 SUPPLIES -CITY CLERK PO 13344 SUPPLIES -CITY MANAGER PO 12318 SUPPLIES -CITY MANAGER PO 12318 SUPPLIES -PLANNING PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -CODE INFORCEMENT PO 12318 SUPPLIES -PLANNING PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -PLANNING PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -RECREATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3203 PROF.SVCS-FER 96-2B 3204 PROF.SVCS-FPL 2002-09 3205 PROF -SVCS -PPL 2002-65 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 3 AMOUNT 9.72 -12.15 166.46 23.44 16.28 4.72 6.31 261.86 99.80 4.48 99.42 41.23 12.15 259.80 -21.45 133.02 11.04 145.80 36.94 15.77 4.03 11.34 20.40 3.88 62.84 639.10 166.37 51.92 42.82 42.27 18.73 76.50 2.78 683.95 16.13 59.75 688.77 139.16 .00 4,045.38 4,045.38 1,571.99 8,649.01 5,854.05 .00 16,075.05 16,075.05 PREPAID DATE CHECK t , RUN DATE: 07/24/2003 11:58:17 FUND/SECT-ACCT-PROJECT-ACCT TINA CHANG 0015350 -45300 -- CATHY CHENG 001-34780-- WINNIE CHIOU 001-34780-- CINTAS CORPORATION 0015310 -42130 -- 0015310 -42130 -- JAMES H CLARKE 0014030 -44000 -- 0014030 -44000 -- 0014030 -44000 -- COMMERCE CITY MAINTENANCE COMPANY 0015310 -42210 -- COMMERCIAL LOCK AND SECURITY SYSTEM 0015340-42210-- 0015340-42210-- ERNEST CORREA 001 -23002 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 4 DUE THRU: 07/24/2003 PREPAID PO 4 INVOICE DESCRIPTION - AMOUNT DATE CHECK 13295 CONTRACT CLASS -SUMMER 142.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 142.80 TOTAL DUE VENDOR 142.80 3234 RECREATION REFUND 1,258.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,258.00 TOTAL DUE VENDOR 1,258.00 37738 RECREATION REFUND 43.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 43.00 TOTAL DUE VENDOR 43.00 13210 150716699 UNIFORM RENTAL -WK 7/14 23.26 13210 150720445 UNIFORM RENTAL -WK 7/07 23.26 TOTAL PREPAIDS .00 TOTAL VOUCHERS 46.52 TOTAL DUE VENDOR 46.52 7-21-03 LEGISLATIVE SVCS -7-18-03 300.00 JULY 03 REIMB-MTG 182.06 7-18-03 LEGISLATIVE SVCS -WK 7-11 370.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 852.06 TOTAL DUE VENDOR 852.06 13277 75770 MAINT-HERITAGE/PANTERA PK 993.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 993.00 TOTAL DUE VENDOR 993.00 258215 LOCK REPAIR -HERITAGE 84.00 257907 SUPPLIES-PANTERA PARK 695.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 779.89 TOTAL DUE VENDOR 779.89 52996 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 RUN DATE: 07/24/2003 11:58:17 FUND/SECT-ACCT-PROJECT-ACCT DAY & NITS COPY CENTER 0015510 -42110 -- CAROL DENNIS 0014030-44000-- 0015350-44000-- HINAL DESAI 001 -34780 -- DIAMOND BAR CHAMBER OF COMMERCE 0014095 -42115 -- DIAMOND BAR INTERNATIONAL DELI 0014090 -42325 -- DIAMOND BAR MOBIL 0015310 -42310 -- 0014415 -42310 -- 0015310 -42310 -- 0014090 -42310 -- 0014090 -42310 -- DIVERSIFIED PARATRANSIT INC 1125553 -45529 -- EVERGREEN INTERIORS 0014090 -42210 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 5 DUE THRU: 07/24/2003 PREPAID PO & INVOICE DESCRIPTION - AMOUNT DATE COCK 185789 PRINT SVCS -PUBLIC WORKS 19.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 19.49 TOTAL DUE VENDOR 19.49 13221 WCCA070203 PROF.SVCS-WCCA MTG 200.00 12383 PRR062603 PROF.SVCS-P:R MM 6/26 225.0D TOTAL PREPAIDS -00 TOTAL VOUCHERS 425.00 TOTAL DUE VENDOR 425.00 50194 RECREATION REFUND 8.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8.00 TOTAL DUE VENDOR 8.00 13321 3036 AD -THE VIEW JULY 03 1,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 4370 MTG SUPPLIES-CNCL 7-15 190.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 190.00 TOTAL DUE VENDOR 190.00 JUN 03 FUEL -COMM. SVCS 319.29 JUN 03 FUEL-V/PATROL 103.41 MAY 03 FUEL -COMM SVCS 190.28 JUN 03 FUEL -GENERAL 84.26 MAY 03 FUEL -GENERAL 19.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 716.35 TOTAL DUE VENDOR 716.35 12415 DIAMOND RIDE -6/16-6/30 9,711.35 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,711.35 TOTAL DUE VENDOR 9,711.35 JUNE 03 PLANT MAINT-JUNE 03 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 6 DUE THRU: 07/24/2003 PREPAID FUND/SECT-ACCP-PROJECT-ACCT PO & INVOICE DESCRIPTION - AMOUNT DATE CHECK JEREMY FANG 001-34780-- 49175 RECREATION REFUND 105.00 TOTAL PREPAIDS _00 TOTAL VOUCHERS 105.00 TOTAL DUE VENDOR 105.00 FEDERAL EXPRESS 0014090-42120-- 479435160 EXPRESS MAIL-GENERAL 76.02 0014090-42120-- 479474655 EXPRESS MAIL-GENERAL 18.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 94.62 TOTAL DUE VENDOR 94.62 VICKY FENG 001-34780-- 26382 RECREATION REFUND 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 80.00 TOTAL DUE VENDOR 80.00 MURIELLE FLEMING 001-34780-- 27517 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 FOOTHILL TRANSIT 1125553-45533-- 13307 14547 CITY SUBSIDY-JULY 03 1,132.10 1125553-45535-- 13307 14547 FOOTHILL PASSES-JULY 03 5,105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,237.10 TOTAL DUE VENDOR 6,237.10 MARGARET FRAZIER 0015350-45300-- 13169 CONTRACT CLASS-SUMMER 168.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 168.00 TOTAL DUE VENDOR 168.00 FRIENDS OF THE DIAMONa BAR LIBRARY 0015350-41200-- SUPPLIES-DAYCAMP BOOKS 21.62 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21.62 TOTAL DUE VENDOR 21.62 GFH FRIEDRICH & ASSOCIATES INC 1415541-44000-- 12916 0307-15 LNDSCPNG ASSESSMT-DIST 41 166.49 1395539-44000-- 12916 0307-15 LNDSCPNG ASSESSMT-DIST 39 166.49 1385538-44000-- 12916 0307-15 LNDSCPNG ASSESSMT-DIST 38 166.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 499.47 TOTAL DUE VENDOR 499.47 RUN DATE: 07/24/2003 11:58:17 FUND/SECT-ACCT-PROJECT-ACCT GONZALEZ/GOODALE ARCHITECTS 2505215-46420-13899-46420 2505215-46420-13899-46420 0014090-44000-- 2505215-46420-13899-46420 2505215-46420-13899-46420 2505215-46420-13899-46420 2505215-46420-13899-46420 GRAPHICS UNITED 0014095 -42121 -- 0014095 -42110 -- SHANNON GRIFFITHS 0015350 -45300 -- HALL & FOREMAN,INC 001 -23010 -- 001551D -45227 -- JESSICA HALL 0015350-45300-- RACQUEL HERNANDEZ 0015350-45300-- MONICA HOUSTON 001 -34760 -- TERRY HULSE 001 -34780 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 7 DUE THRU: 07/24/2003 PREPAID PO # INVOICE DESCRIPTION - AMOK DATE CHECK A10666 12431 ARCHTCTRL SVC-C/SVCS CNTR 28.29 A10666 12356 ARCHTCTRL SVC-C/SVCS CNTR 1,656.00 12907 12399 DESIGN SVCS -LIBRARY BOND 1,750.00 A10666 12355 ARCHTCTRL SVC-C/SVCS am 10,845.00 A10666 12397 ARCHTCTRL SVC-C/SVCS CNTR 552.00 A10666 12357 ARCHTCTRL SVC-C/SVCS CNTR 4,860.00 A10666 12396 ARCHTCTRL SVC-C/SVCS CNTR 3,615.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23,306.29 TOTAL DUE VENDOR 23,306.29 13342 9531 MAILING -CITY NEWS JUL 220.00 13342 9531 PRINT SVCS -CITY NEWS JUL 1,402.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,622.55 TOTAL DUE VENDOR 1,622.55 13156 CONTRACT CLASS -SUMMER 273.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 273.00 TOTAL DUE VENDOR 273.00 1211010 PROF.SVCS-FPL 2000-45 124.30 1211010 PROF.SVCS-PLAN CHECK 1,696.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,821.00 TOTAL DUE VENDOR 1,821.00 13294 CONTRACT CLASS -SUMMER 669.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 669.60 TOTAL DUE VENDOR 669.60 13147 CONTRACT CLASS -SUMMER 2,016.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,016.00 TOTAL DUE VENDOR 2,016.00 3265 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 3247 RECREATION REFUND 84.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 84.00 TOTAL DUE VENDOR 84.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 8 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION - PREPAID AMORT nATE CHECK INTERNATIONAL PROTECTIVE SVCS INC 0014411-45410-- 12698 070698 CROSSING GUARD SVCS -JUN 7,740.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,740.00 TOTAL DUE VENDOR 7,740.00 JENKINS 6 HOGIN, LLP 0014020-44020-- 11054 GEN LEGAL SVCS -COMM SVCS 90.00 0014020-44020-- 11052 GEN LEGAL SVCS -JUN 03 2,820.00 0014020-44020-- 11053 GEN LEGAL SVCS -COM DEV 570.00 0014020-44020-- 11055 GEN LEGAL SVCS-P/WKS JUN 225.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,705.00 TOTAL DUE VENDOR 3,705.00 JUDICIAL DATA SYSTEMS CORPORATION 0014411-45405-- 4010 PARKING CITE ADMIN -JUN 03 1,609.29 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,609.29 TOTAL DUE VENDOR 1,609.29 KENS HARDWARE 0015554-41300-- 010107 SUPPLIES -ROAD MAINT 21.62 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21.62 TOTAL DUE VENDOR 21.62 KIDS ART 0015350-45300-- 13291 CONTRACT CLASS -SUMMER 528.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 528.00 TOTAL DUE VENDOR 528.00 KOURY ENGINEERING & TESTING INC 2505215-46420-13899-46420 12661 906561 -IN INSPECTION SVCS-C/SR CTR 328.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 328.00 TOTAL DUE VENDOR 328.00 KPRS CONSTRUCTION SERVICES INC 2505215-46420-13899-46420 12802 7/15/03 CONSTRUCTION -COMM SR CNTR 499,925.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 499,925.70 TOTAL DUE VENDOR 499,925.70 SIOUN KUANG 001-34780-- 49014 RECREATION REFUND 22.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 22.00 TOTAL DUE VENDOR 22.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE. 9 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION - PREPAID AMOUNT DATE CHECK ANGEL Y KWAN 0015350-45300-- 13174 CONTRACT CLASS -SUMMER 576.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 576.00 TOTAL DUE VENDOR 576.00 LA COUNTY DEPT OF AGRICULTURE 1395539-42210-- 12127 0007J WEED ABATEMENT -KAY 03 11,814.95 1415541-42210-- 12127 0007J WEED ABATEMENT -MAY 03 3,395.54 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15,210.49 TOTAL DUE VENDOR 15,210.49 LEIGHTON & ASSOCIATES, INC 2505215-46420-13899-46420 11453A 15071 GEOTECH-COMM/SR CENTER 001-23012-- 1,920.80 15071 PROF.SVCS-EN 03-371 402.20 001-23012-- 15070 PROF.SVCS-EN 02-346 210.00 001-23012-- 15079 PROF.SVCS-EN 03-368 372.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,905.50 TOTAL DUE VENDOR 2,905.50 ELIZABETH LIN 001-34780-- 49726 RECREATION REFUND 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 EBONY LONG 001-34780-- 49940 RECREATION REFUND 7.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7.00 TOTAL DUE VENDOR 7.00 CHRISTINA LONGSTAFFE 001-34780-- 3089 RECREATION REFUND 67.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 67.00 TOTAL DUE VENDOR 67.00 LORBEER MIDDLE SCHOOL YOUTH ACT 0114010 -42355 -- COMMUNITY ORG FUND 500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 500.00 TOTAL DUE VENDOR 500.00 LOS ANGELES COUNTY - MTA 1125553-45533-- 13304 7030593 CITY SUBSIDY -JULY 03 1125553-45535-- 13304 7030593 MTA PASSES 563.80 -JULY 03 1,208.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,772.00 TOTAL DUE VENDOR 1,772.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 10 DUE THRU: 07/24/2003 FUND /SECT -ACCT -PROJECT -ACCT PO # INVOICE DESCRIPTION _ PREPAID AMOUNT DATE CHECK LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- STAR PROGRAM -JUNE 03 8,281.38 0014411-45401-- CONTRACT SVCS -JUNE 03 315,259.78 0014411-45402-- CALVARY CHAPEL TRFFC-JUN 7,002.34 - 1125553-45402-- TRANSIT TCRT SALE -JUNE 03 108.73 0014411-45402-- PRIS.MAINT-APR 03 108.96 0014411-45402-- CONCERTS IN PARK -JUNE 03 383.54 0014411-45402-- SCH TRFFC CONTRL-JUNE 03 1,722.04 TOTAL PREPAIDS .00 TOTAL VOUCHERS 332,866.77 TOTAL DUE VENDOR 332,866.77 LYNN LUO 001-34780-- 49865 RECREATION REFUND 15.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15.00 TOTAL DUE VENDOR 15.00 MAINTEX 0015340-42210-- 12924 662132 SUPPLIES -COMMUNITY SR CTR 231.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 231.93 TOTAL DUE VENDOR 231.93 DARCI MAYO 001-34780-- 50232 RECREATION REFUND 29.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.00 TOTAL DUE VENDOR 29.00 QUI CHANG MENG 001-34780-- 49189 RECREATION REFUND 10.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10.00 TOTAL DUE VENDOR 10.00 METROLINK 1125553-45535-- _ 13306 124580 METROLINK PASSES -JULY 03 36,001.60 1125553-45533-- 13306 124580 CITY SUBSIDY -JULY 03 9,000.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45,002.00 TOTAL DUE VENDOR 45,002.00 EVONNE MITCHELL 001-34780-- 50275 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS - 35.00 TOTAL DUE VENDOR 35.00 ANGELICA NEVAREZ 001-34780-- 26396 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS _ 5.00 TOTAL DUE VENDOR 5.00 PAGE: 11 PREPAID AMOUNT DATE CHECK 646.87 646.87 646.87 .00 1,940.61 1,940.61 465.64 .00 465.64 465.64 73.00 .00 73.00 73.00 792.00 .00 792.00 792.00 73.36 .00 73.36 73.36 30.00 .00 30.00 30.00 43.00 .00 43.00 43.00 20.00 .00 20.00 20.00 10.00 .00 10.00 10.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION - NEW WEST SIGNAL 2505510-46412-14399-46412 12699 0249-7 TRFFC SGNAL-D/B/SR 57NB 2505510-46412-16701-46412 12699 0249-7 TRFFC SGNAL-D/B/CLR CREEK 2505510-46412-16801-46412 12699 0249-7 TRFFC SGNAL-G/SPRGS/S/GLN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NEXTEL COMMUNICATIONS 0014090-42130-- AIRTIME CHRGS-P/W,C/S,C/D TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JULIE NI 001-34780-- 49335 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR NICOLE NINO 001-34780-- 3163 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR OFFICE TEAM 0015310-44000-- 09406425 TEMP SVCS -WK 6/27 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MARLIES ORLEY 001-34780-- 27437 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LIZ PADILLA 001-34780-- 37844 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SHIANG CHE PENG 001-34780-- 49012 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JOHN PEREZ 001-34780-- 26578 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 11 PREPAID AMOUNT DATE CHECK 646.87 646.87 646.87 .00 1,940.61 1,940.61 465.64 .00 465.64 465.64 73.00 .00 73.00 73.00 792.00 .00 792.00 792.00 73.36 .00 73.36 73.36 30.00 .00 30.00 30.00 43.00 .00 43.00 43.00 20.00 .00 20.00 20.00 10.00 .00 10.00 10.00 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 12 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION - PREPAID AMOUNT DATE CHECK PERS HEALTH 0014060-40093-- PP 14-15 ADMIN FEE 001-21105-- PP 14-15 AUG 03 -HEALTH INS PREMS 35.18 17,588.96 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 17,624.14 TOTAL DUE VENDOR 17,624.14 POMONA ROTO ROOTER #13 0015340-42210-- 023749 MAINT-MAPLE HILL PARK 179.50 0015340-42210-- 023750 MAINT-PAUL C CROW 190.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 369.68 TOTAL DUE VENDOR 369.68 PRINCE SHANT CORP 0015230-42310-- MAY 03 FUEL -NEIGHBORHOOD IMP 275.46 0015310-42310-- MAY 03 FUEL-COMM.SVCS 0015554-42310-- 55.27 MAY 03 FUEL -ROAD MAINT 166.58 0014090-42310-- MAY 03 FUEL -GENERAL 0015230-42310-- 123.39 JUNE 03 FUEL -NEIGHBORHOOD IMP 164.15 0015554-42310-- JUNE 03 FUEL -ROAD MAINT 0014415-42310-- 211.89 JUNE 03 FUEL-V/PATROL 8.02 0014090-42310-- JUNE 03 FUEL -GENERAL 56.76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,061.52 TOTAL DUE VENDOR 1,061.52 PRINTING DYNAMICS 0014090-42110-- 13311 69337 PRINT SVCS -CITY CERT. 11082.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,082.50 TOTAL DUE VENDOR 1,082.50 R F DICKSON COMPANY 1155515-45500-- 12112 1143330 DEBRIS COMPSTNG-JUNE 03 2,069.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,069.63 TOTAL DUE VENDOR 2,069.63 KERRY RAGAZZI 001-32230-- DB 28303 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 RALPHS GROCERY COMPANY 0015350-41200-- 13202 10253911 SUPPLIES -TINY TOTS 0015350-41200-- 13202 10253912 SUPPLIES -DEDICATION 7-3 44.10 0015350-41200-- 13202 10337308 SUPPLIES -DAY CAMP 100.12 0015350-41200-- 13202 10253914 SUPPLIES -TINY 54.95 TOTS 7.57 TOTAL PREPAIDS .00 TOTAL VOUCHERS 206.74 TOTAL DUE VENDOR 206.74 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 13 DUE THRU: 07/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO !I INVOICE DESCRIPTION - AMOUNT DATE CHECK JANET RICE 001-34780-- 49629 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 RICHARDS WATSON 8 GERSHON 0014020-44021-- '127673 SPCL LEGAL SVCS -APR 03 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 ROBERT HALF INT'L-OFFICE TEAM 0015310-44000-- 13245 09521524 TEMP SVCS -WK 7-04 440.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 440.16 TOTAL DUE VENDOR 440.16 DARLENE RUSSELL 001-34780-- 27495 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 S C SIGNS & SUPPLIES LLC 0015554-41250-- 25614 SUPPLIES -ROAD MAINT 116.91 TOTAL PREPAIDS .00 TOTAL VOUCHERS 116.91 TOTAL DUE VENDOR 116.91 KIRAN SALUJA 001-32230-- DB 23631 REFUND -PARKING CITATION 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 SASAKI TRANSPORTATION SERVICES 001-23010-- 6-11-03 REFUND -FPL 01-10 800.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 800.00 TOTAL DUE VENDOR 800.00 JAIME SATIN 001-34780-- 36759 RECREATION REFUND 64.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.00 TOTAL DUE VENDOR - 64.00 SCAN NATOA 0014095-42315-- 03-75-197 MEMBERSHIP DUES-BLAKEY 75.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 75.00 TOTAL DUE VENDOR 75.00 , RUN DATE: 07/24/2003 11.58.17 FUND/SECT-ACCP-PROJECT-ACCT SENIOR SERVICES ALLIANCE 0015350-42315-- HARSHAD SHAH 001 -23010 -- WARREN SIECKE 0015554-44520-- 2505510-46412-16701-46412 2505510-46412-14399-46412 2505510-46412-18903-46412 2505510-46412-16601-46412 2505SID-46412-18803-46412 2505510-46412-16801-46412 2505510-46412-19003-46412 2505510-46412-19503-46412 2505510-46412-18703-46412 0015554 -44520 -- SMART & FINAL 0015350 -41200 -- 0015350 -41200 -- SO CALIFORNIA BINDERY & MAILING 1155516 -42110 -- SOUTHERN CALIFORNIA EDISON 0015510-42126-- 0015510-42126-- 0015510-42126-- 0015510-42126-- 0015510-42126-- OO1S510-42126-- 1385536-42126-- 0015510-42126-- 0015510-42126-- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 14 DUE THRU: 07/24/2003 PREPAID PO # INVOICE DESCRIPTION -. AMOK DATE CHECK MEMBERSHIP DUES -FY 03-04 60.00 TOTAL PPEPAIDS 00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 FPL 02-04 REFUND -FPL 02-024 1,029.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,029.18 TOTAL DUE VENDOR 1,029.18 13275 5129 TRAFFIC ENG -JULY 03 766.50 12662 5130 TRFFC SGML-D/B/CLR CREEK 367.59 12662 5130 TRFFC SGNL-DB/SR 57 NB 367.59 13257 5132 TRFFC SGNL-B/CYN/LYCOMING 143.00 12662 5130 TRFFC SGML-D/B/SLVR HAWK 367.59 13256 5133 TRFFC SGNL-PTHFNDR/EVRGRN 905.83 12662 5130 TRFFC SGML-G/SPRNGS/SLYVN 276"73 13257 5132 TRFFC SGNL-G/SPRG/BALLENA 143.00 13256 5133 TRFFC SGNL-PTHFHDR/DBHS 905.83 13256 5133 TRFFC SGML-PTHPNDR/FRNHLW 905.84 13165 5131 TRFFC ENG SVCS -JUNE 642.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,791.50 TOTAL DUE VENDOR 5.791.50 13286 SUPPLIES -DAY CAMP 69.45 13286 SUPPLIES -4TH JULY BLAST 3.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 73.43 TOTAL DUE VENDOR 73.43 35991 MAIL SVCS -POSTCARDS 214.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 214.11 TOTAL DUE VENDOR 214.11 ELECT SVCS -TRAFFIC CONTRL 87.14 ELECT SVCS -TRAFFIC CONTRL 81.01 ELECT SVCS -TRAFFIC CONTRL 127.17 ELECT SVCS -TRAFFIC CONTRL 526.23 ELECT SVCS -TRAFFIC CONTRL 98.84 ELECT SVCS -TRAFFIC CONTRL 116.91 ELECT SVCS -DIST 38 27,22 ELECT SVCS -TRAFFIC CONTRL 44.96 ELECT SVCS -TRAFFIC CONTRL 52.41 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,161.89 TOTAL DUE VENDOR 1,161.89 1 � CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 15 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION - PREPAID AMOUNT DATE CHECK SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- 1186173008 GAS SVCS-HRTG COMM CTR 71.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 71.55 TOTAL DUE VENDOR 71.55 SPORT SUPPLY GROUP INC 0015350-41200-- 91210815 SUPPLIES -RECREATION 64.60 TOTAL PREPAIDS 00 TOTAL VOUCHERS 64.60 TOTAL DUE VENDOR 64.60 STARLITE SAFETY SUPPLY INC 0015350-42130-- 20725 EQ RENTAL -BARRICADES 416.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 416.40 TOTAL DUE VENDOR 416.40 STITCHES UNIFORMS & EMBROIDERY 0015350-41200-- 13101 6107 SUPPLIES -RECREATION 107.39 0015350-41200-- 13101 6087 SUPPLIES -RECREATION 3,012.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,119.78 TOTAL DUE VENDOR 3,119.78 SUNSHINE ROOFING 001-34110-- REFUND -BLDG PERMIT 87.52 TOTAL PREPAIDS 00 TOTAL VOUCHERS 87.52 TOTAL DUE VENDOR 87.52 WILLIE SY 001-34760-- 3290 RECREATION REFUND 455.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 455.00 TOTAL DUE VENDOR 455.00 YUANKAI TENG 001-32230-- DB 23658 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 THE WEEKLY NEWS -WALNUT 0014095-42115-- 3805 AD -TOWN HALL MTG FEB 03 650.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 650.00 TOTAL DUE VENDOR 650.00 TRAFFIC CONTROL SERVICE, INC. 0015554-41250-- 167742 SUPPLIES -ROAD MAINT 690.03 TOTAL PREPAIDS .00 TOTAL VOUCHERS 690.03 TOTAL DUE VENDOR 690.03 CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 16 DUE THRU: 07/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION - PREPAID AMOK DATE CHECK REBECCA TRIPLETT 001-34780-- 38082 RECREATION REFUND 9.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9.00 TOTAL DUE VENDOR 9.00 U S BANK NA 250-20300-- 7/15/03 RETENTION PAYABLE 55,547.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 55,547.30 TOTAL DUE VENDOR 55,547.30 UNITED TRAFFIC SERVICES SUPPLY D015554-41250-- 4651 SUPPLIES -ROAD MAINT 703.68 0015554-41250-- 4850 SUPPLIES -ROAD MAINT 604.31 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,307.99 TOTAL DUE VENDOR 1,307.99 VALLEY CREST LANDSCAPE INC. 0015340-45300-- 13001 1092745 MAINT-PANTERA PARI( 1,254.90 0015340-45300-- 13001 1092746 MAINT-PETERSON PARK 409.34 0015340-45300-- 1077663 ADDL MAINT-MAY 03 83.79 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,748.03 TOTAL DUE VENDOR 1,748.03 VERIZON CALIFORNIA 0014070-42125-- 8887772489 PH.SVCS-INFO TO GO 0014090-42125-- 45.25 9093969774 PH -SVCS -DATA MODEM 56.29 1185098-42125-- 9093964035 PH.SVCS-DIAL IN MODEM 0014090-42125-- 95.27 9098602489 PH -SVCS -GENERAL 2,825.89 0014090-42125-- 909UH02676 PH.SVCS-INTERNET CONNCTN 798.07 0014010-42125-- 9096120740 PH -SVCS -FAX LINE C/CNL 20.71 0014090-42125-- 9091973128 PH -SVCS -GENERAL 1,029.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,870.66 TOTAL DUE VENDOR 4,870.66 IRIS VINEYARD 001-34760-- 3248 RECREATION REFUND 190.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 190.00 TOTAL DUE VENDOR 190.00 VISION INTERNET PROVIDERS INC 0014095-45000-- 13341 8734 WEBSITE HOSTING FEE-JUL 150.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150.00 TOTAL DUE VENDOR 150.00 { M CITY OF DIAMOND BAR RUN DATE: 07/24/2003 11:58:17 VOUCHER REGISTER PAGE: 27 DUE THRU: 07/24/2003 FUND/SECT-ACCP-PROJECT-ACCP PO N INVOICE DESCRIPTION - PREPAID AMOUNT DATE CHECK WASTE MANAGEMENT INC. 1155515-45500-- 13324 3250640B CURBSIDE DISPOSAL PROD 1155515-45500-- 13324 3250640A HOLIDAY WASTE ROUND -UP 220.00 15,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15,220.00 TOTAL DUE VENDOR 15,220.00 WEST END UNIFORMS 0014415-41200-- 60224 SUPPLIES-V/PATROL 33.90 TOTAL PREPAIDS 00 TOTAL VOUCHERS 33.40 TOTAL DUE VENDOR 33.40 WHIPSYS INC 0014070-44000-- 13276 20070 PROF.SVCS-COMP CONSULTANT 1,120.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 1,120.DD TOTAL DUE VENDOR 1,120.00 PAUL WRIGHT 0014090-44000-- 13346 7-18-03 A/V SVCS-P/C,CNCL 192.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 192.50 TOTAL DUE VENDOR 192.50 LINDA YEN 001-34780-- 3221 RECREATION REFUND 161.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 161.00 TOTAL DUE VENDOR 161.00 KIMBERLY YUEN 001-34780-- 50204 RECREATION REFUND 7.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7.50 TOTAL DUE VENDOR 7.50 REPORT TOTAL PREPAIDS 00 REPORT TOTAL VOUCHERS 1,138,735.93 REPORT TOTAL 1,138,735.93 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director A \ SUBJECT: Voucher Register, July 31, 2003 DATE: July 31, 2003 Attached is the Voucher Register dated July 31, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on August 5, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. n . [ITY OF DIAMOND BAR VOUCHER REGISlER APPROV4L The attached listing of vouchers tated july 31, 2003 haVe been reviewed, approved, and recommemded for pay�en�. Payments are hereby allowed from the following vunfjs in these amo�nts F]mD 3ESCRIPTION PREPAID VOU[HERC-- ED (D:i. GENERAL rUND 104,848'00 207,36V.24 118 AIR QLTY WPR FD <AB2766> .00 13,g65'00 125 CO� DEV BLK ORANT FUND '0� 15 427.5O 126 CITIlENS UPT-P��LI� SFTY .00 1`�l0'00 �3a LLAD #38 FUND 139 LiAD �3� FUND '0U 5`223.67 .00 4`675.73 #41 FUND .0V 2`906.85 25w CAPITAL 1MPROV/PROJ FUND .00 67B00.30 FOR ALL FUNDS Lzn�a G. �8g�uson F�nance �irec�or Cz''y narager 104.848.00 31S,919.29 �2TA� 312,20S.24 13,S65.00 15,�27.5� l,6l0"00 2,956.W5 �7,S06.3� 423,767.29 i CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 1 DUE THRU: 07/31/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK ADELPHIA 0014010-42125-CC304-42125 MODEM SVCS -COUNCIL 44.95 0014010-42125-CC504-42125 MODEM SVCS -COUNCIL 44.95 0014010-42125-CC404-42125 MODEM SVCS -COUNCIL 44.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 134.85 TOTAL DUE VENDOR 134.85 AGRICULTURAL COMM. WORTS & MEASURES 0014431-45406-- 52J TRAPPING SVCS -JUNE 03 688.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 688.68 TOTAL DUE VENDOR 688.68 ROSA AGUILAR 001-34780-- 44995 RECREATION REFUND 5.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 SILVIA AGUIRRE 001-23002-- 3352 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 AMERICAN MINI STORAGE 0014090-42140-- 13279 AUG-JUL 04 RENTAL -STORAGE AUG-JUL 04 11,671.00 TOTAL PREPAIDS .OD TOTAL VOUCHERS 11,671.00 TOTAL DUE VENDOR 11,671.00 CHRISTINE ANN ANGELI 0015350-45300-- 13150 CONTRACT CLASS -SUMMER 9.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9.00 TOTAL DUE VENDOR 9.00 NATIVIDAD ASTILLERO 001-34780-- 32510 RECREATION REFUND 5.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 AT&T 0015310-42125-- LONG DIST CHRGS 42,79 0014090-42125-- LONG DIST CHRGS 59.74 0014090-42125-- LONG DIST CHRGS 31.49 0014090-42125-- LONG DIST CHRGS 17.94 0014090-42125-- LONG DIST CHRGS 46.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 198.46 TOTAL DUE VENDOR 198.46 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 2 DUE THRU: 07/31/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK B CHAMBERLAIN CONSULTING 0014070-44000-- 1020 COMP CONSULTANT-JUL 03 300.00 0014070-44000-- 1015 COMP CONSULTANT -APR 03 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 380.00 TOTAL DUE VENDOR 380.00 BALDWIN PUBLICATIONS INC 0014050-42110-- 9007 PRINT SVCS-P/R TIME CRDS 179.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 179.09 TOTAL DUE VENDOR 179.09 JASON BAYNOSA 001-34740-- 47004 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 BEST LIGHTING PRODUCTS 0015340-42210-- 3700 ELECT SVCS-SYC CYN PK 210.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 210.00 TOTAL DUE VENDOR 210.00 BOOMERS 0015350-42410-- 10211 EXCURSION -DAY CAMP 700.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 700.00 TOTAL DUE VENDOR 700.00 CAMELOT GOLFLAND 0015350-42410-- 72903 EXCURSION -DAY CAMP 7/29 498.00 07/31/2003 55084 TOTAL PREPAIDS 498.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 498.00 FRANCIS CARTY 001-34730-- 3306 REFUND PK DEP-HERITAGE 23.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23.00 TOTAL DUE VENDOR 23.00 ANGEL CASTILLO 001-34740-- 41093 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CELEBRATIONS BY CLAUDETTE INC 0015350-42130-- 1-001344-21 EQ RENTAL -4TH OF JUL BLST 378.20 0015350-42130-- 1-001344-21 EQ RENTAL -DEDICATION 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 423.20 TOTAL DUE VENDOR 423.20 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 3 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK AMY CHAU 001-34780-- 341B RECREATION REFUND 60.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 CRYSTAL CHEN 001-34780-- 44275 RECREATION REFUND 20.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20.00 TOTAL DUE VENDOR 20.00 JUDY CHEN 001-34780-- 45038 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 KARLAND CLARK 001-34740-- 50858 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 JAMES B CLARKE 0014030-44000-- 13325 WK 7/25 LEGISLATIVE SVCS -WK 7/25 1,250.00 07/31/2003 55085 TOTAL PREPAIDS 1,250,00 ' TOTAL VOUCHERS 00 TOTAL DUE VENDOR 1,250..00 MARTHA COLLISON 001-34780-- 43067 RECREATION REFUND 20.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20.00 TOTAL DUE VENDOR 20.00 HENRY COTA 001-23002-- 3342 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CRITTENDEN 0015240-42320-- 10025MV PUBLICATIONS -FY 03/04 487.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 487.00 TOTAL DUE VENDOR 487.00 VICKY CUPP 0015350-45300-- 13309 CONTRACT CLASS -SUMMER 109.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 109.20 TOTAL DUE VENDOR 109.20 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 4 DUE THRU: 07/31/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE PREPAID DESCRIPTION AMOUNT DATE CHECK RAJESH DANG 001-23002-- 3391 REFUND PK DEP-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DANONE WATERS OF NORTH AMERICA INC 0014090-41200-- 13263 5155307-61 WATER SUPPLIES-JUL 03 191.20 0014090-42130-- 13263 5155307-61 EQ RENTAL-JUL 03 11.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 202.45 TOTAL DUE VENDOR 202.45 DAPEER ROSENBLIT & LITVAK LLP 0015210-44000-- 12769 10052 LEGAL SVCS-NGHBORHD IMPV 2,398.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,398.30 TOTAL DUE VENDOR 2,398.30 TRINIDAD DAPKUS 001-34780-- 45726 RECREATION REFUND 5.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5.00 TOTAL DUE VENDOR 5.00 DELTA DENTAL 001-21104-- PP 14-15 AUG 03 -DENTAL PREMIUMS 1,213.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,213.89 TOTAL DUE VENDOR 1,213.89 CAROL DENNIS 0015210-44000-- 13221 TT71003 PROF.SVCS-T&T MTG OC14030-44000-- 13221 DBCC071703 PROF.SVCS-D/B FNDTN MTG 150.00 0015210-44000-- 13221 PC0070803 PROF.SVCS-PLNG 100.00 MTG 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350.00 DEPARTMENT OF JUSTICE 0015350-45300-- 433537 PRE EMPLOYMENT FNGRPRT 32.00 0014060-42345-- 433537 PRE EMPLOYMENT FNGRPRT 96.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 128.00 TOTAL DUE VENDOR 128.00 DIAMOND BAR CHAMBER OF COMMERCE 0015240-45000-- 13332 3039 CONTRACT SVCS -JULY 03 2,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2,000.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 5 DUE THRU: 07/31/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE PREPAID DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR GOLF CLUB 0015350-4,5300-- 13296 CONTRACT CLASS -SUMMER 133.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 133.20 TOTAL DUE VENDOR 133.20 DIAMOND BAR GOLF COURSE 0014090-42325-- 13363 DEP-HOLIDAY CELEB 1,000.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 DIAMOND BAR ROTARY 0015350-42353-- REIMB-CONCERTS IN PARK 171.00 0015350-42353-- REIMB-SNOW FEST 72.50 0015350-42353-- REIMB-B/DAY CELEB 164.00 0015350-42353-- REIMB-SNOW FEST 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 466.50 TOTAL DUE VENDOR 466.50 DIAMOND BAR/WALNUT YMCA 1255215-42355-D9690102-42355 A12304 MAY 03 CDBG CHILD CARE PRG -MAY 1255215-42355-D9690102-42355 A12304 JUNE 03 CDBG CHILD CARE PRG -JUN 1,661.00 1255215-42355-D9690202-42355 A12305 JUNE 03 CDBG DAY CAMP 1,215.00 PRG -JUN 03 279.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 3,155.00 TOTAL DUE VENDOR 3,155.00 TAMMY DIAZ 001-23002-- 3332 REFUND PK DEP-HERITAGE 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DUNN'S FENCE CO. 0015340-42210-- 13336 4433 TEMP FENCE-PANTERA PARK 1,701.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,701.80 TOTAL DUE VENDOR 1,701.80 DURHAM TRANSPORTATION INC 0015350-45310.-- 215596 TRANSPORTATION -DAY CAMP 1,291.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,291.49 TOTAL DUE VENDOR 1,291.49 STEPHEN ECKERT 001-34740-- 47001 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 6 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK EDUCATION TO GO, INC 0015350-45300-- 13149 823080 CONTRACT CLASS -SUMMER 117.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 117.00 TOTAL DUE VENDOR 117.00 MOSTAFA ELETREBY 001-34740-- 34140 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 IKE ENRIQUEZ 001-34740-- 49291 RECREATION REFUND 40.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 BRIAN ERVIN 001-34740-- 47002 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 EDDIE GALLARDO 001-34740-- 45142 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 SCOTT GODWIN 001-34740-- 34139 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 STAN GONTA 0015350-45300-- 13289 CONTRACT CLASS -SUMMER 960.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 960.00 TOTAL DUE VENDOR 960.00 JENNIFER GONZALES 0015350-45300-- 13310 CONTRACT CLASS -SUMMER 75.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 75.00 TOTAL DUE VENDOR 75.00 GOVPARTNER 1185098-46235-- 359 CRM SYSTEM MAINT-JUNE 03 850.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 850.00 TOTAL DUE VENDOR 850.00 0 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 7 DUE THRU: 07/31/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK GRIFFITH COMPANY 250-20300-- 13-B RETENTION -BCR IMP 67,800.30 TOTAL PREPAIDS 00 TOTAL VOUCHERS 67,800.30 TOTAL DUE VENDOR 67,B00.30 HALL & FOREMAN,INC 0015551-45223-- 12-11-012 PROF.SVCS-PLAN CHECK 497.36 0015510-45227-- 12-11-010 PROF.SVCS-INSPECTION 1,821.00 0015510-45227-- 13003 13-06-044 PROF.SVCS-INSPECTION 528.35 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,846.71 TOTAL DUE VENDOR 2,846.71 JESSICA HALL 0015350-45300-- 13294 CONTRACT CLASS -SUMMER 750.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 750.00 TOTAL DUE VENDOR 750.00 HALLMARK PROMOTIONS INC 0014095-41400-- 13278 98434 SUPPLIES -PROMO ITEMS 413.76 0014095-41400-- 13280 98435 SUPPLIES -PROMO ITEMS 504.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 918.36 TOTAL DUE VENDOR 918.36 CHARLIE HENTGES 001-34740-- 2988 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 RACQUEL HERNANDEZ 0015350-45300-- 13147 CONTRACT CLASS -SUMMER 856.80 TOTAL PREPAIDS 00 TOTAL VOUCHERS 856.80 TOTAL DUE VENDOR 856.80 DWAYNE HILL 001-34740-- 45256 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 HINDERLITER, de LLAMAS & ASSOCIATES 0014050-41200-- FY 03/04 CAFR-STATS 350.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 8 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JENNIFER HSU 001-34780-- 43402 RECREATION REFUND 34.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.00 ' TOTAL DUE VENDOR 34..00 JAMES T HULL 0015350-45300-- 13293 CONTRACT CLASS -SUMMER 806.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 806.40 TOTAL DUE VENDOR 806.40 INLAND VALLEY DAILY BULLETIN 0015210-42115-- 94583 LEGAL AD -DCA HEARING 404.25 001-23010-- 125931 LEGAL AD -FPL 2003-30 118.65 001-23010-- 125931 LEGAL AD -FPL 2002-30 118.65 TOTAL PREPAIDS .00 TOTAL VOUCHERS 641.55 TOTAL DUE VENDOR 641.55 ITALIAN CATHOLIC FEDERATION 0015350-42353-- REIMB-CONCERTS IN PARK 154.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 154.50 TOTAL DUE VENDOR 154.50 LEMUEL JACKSON 001-34740-- 45188 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 JOE A GONSALVES & SON INC 0014030-44000-- 13254 AUG 03 - LEGISLATIVE SVCS -AUG 03 3,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,000.00 TOTAL DUE VENDOR 3,000.00 JOHN HARDING MECHANICAL 0015340-42210-- 248661 MAINT-HERITAGE PARK 264.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 264.00 TOTAL DUE VENDOR 264.00 BRIAN JOHNSON 001-34740-- 30706 RECREATION REFUND 40.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 CLARENCE JOHNSON 001-34740-- 49296 RECREATION REFUND 36.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 36.00 TOTAL DUE VENDOR 36.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 9 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK K&V BLUEPRINT SERVICE INC 0014090-42200-- EQ MAINT-MAP MACHINE 439.OD TOTAL PREPAIDS .00 TOTAL VOUCHERS 439.00 TOTAL DUE VENDOR 439.00 KAS HOME IMPROVEMENT 1255215-44000-60059303-44000 13333 7/28/03 HOME IMP PROGRAM-JUL 03 8,550.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,550.00 TOTAL DUE VENDOR 8,550.00 VINOD KASITYAP 0015510-44100-- 6/12 T & T COMM-6/12 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 KENSINGTON DIAMOND BAR LLC 1264411-42140-- 13161 AUG 03 RNTL SHERIFF CTR-AUG 03 1,225.00 1264411-42210-- 13161 AUG 03 MONTHLY CAM-AUG 03 385.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,610.00 TOTAL DUE VENDOR 1,610.00 KLEINFELDER INC 001-23012-- 96705 PROF.SVCS-EN 03-376 585.00 001-23012-- 110366 PROF.SVCS-EN 03-366 615.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,200.00 TOTAL DUE VENDOR 1,200.00 KOSMONT & ASSOCIATES INC 0015240-44000-- A12758. 13 PROF.SVCS-ECON DEV 4,651.91 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,651..91 TOTAL DUE VENDOR 4,651.91 ANGEL Y KWAN 0015350-45300-- 13174 CONTRACT CLASS-SUMMER 54.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.00 TOTAL DUE VENDOR 54.00 LA COUNTY SHERIFF'S DEPT 001-21114-- PP 14 SLRY ATTCHMT-SVA022922 140.41 TOTAL PREPAIDS - .00 TOTAL VOUCHERS 140.41 TOTAL DUE VENDOR 140.41 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 10 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK LDM ASSOCIATES INC 001-23010-- 679 PROF.SVCS-FPL 2001-15 168.75 0015210-44000-- 679 PROF.SVCS-HOME IMP FROG 112.50 1255215-44000-60050302-44000 A12810 683 CONSULTING SVCS -HOME IMP 3,135.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,416.25 TOTAL DUE VENDOR 3,416.25 LEAGUE OF CA CITIES 0014010-42325-CC404-42325 MEMBRSHP MTG-COUNCIL 27.00 0014010-42325-CC204-42325 MEMBRSHP MTG-COUNCIL 27.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.00 TOTAL DUE VENDOR 54.00 LEIGHTON & ASSOCIATES, INC 001-23012-- 14204 PROF.SVCS-EN 03-323 89.36 0015551-45227-- 14204 PROF.SVCS-INSPECTION 315.64 TOTAL PREPAIDS .00 TOTAL VOUCHERS 405.00 TOTAL DUE VENDOR 405.00 NICKI LEW 001-34780-- 3417 REFUND. PK DEP-HERITAGE 105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 105.00 TOTAL DUE VENDOR 105.00 LEWIS ENGRAVING INC 0014090-42113-- 13349 011725 ENGRAVING SVCS -BADGES 12.07 0014090-42113-- 13349 11754 ENGRAVING SVCS -BADGES 12.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24.14 TOTAL DUE VENDOR 24.14 LIEBERT CASSIDY WHITMORE 0014050-44021-- 12261 33102 SPCL LEGAL SVCS -JUNE 03 216.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 216.00 TOTAL DUE VENDOR 216.00 LOS ANGELES COUNTY PUBLIC WORKS 0015554-45507-- 12107 AR254663 TRFFC MAINT-MAY 03 238.97 0015510-45530-- 12108 AR254262 INDUSTRIAL WASTE -MAY 03 899.99 0015554-45502-- 12866 AR254455 ROAD MAINT-MAY 03 2,698.85 0015554-45502-- 12866 AR254309 ROAD MAINT-MAY 03 739.22 0015554-45512-- 12109 SA1778 STROM DRAINS SVCS -JUN 03 1,947.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,524.10 TOTAL DUE VENDOR 6,524.10 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 11 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MAINTEX 0015340-42210-- 13259 664754 SUPPLIES-HERITAGE 149.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 149.94 TOTAL DUE VENDOR 149.94 MANAGED HEALTH NETWORK 001-2111.5-- AUG 03 AUG 03-EAP PREMIUMS 86.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 86.95 TOTAL DUE VENDOR 86.95 MCE CORPORATION 0015554-45506-- 12286 306052 STRIPING MAINT-JUNE 03 6,763.56 0015554-45502-- 12283 306052 ROAD MAINT-JUNE 03 9,785.25 0015554-45522-- 306052 RIGHT OF WAY MAINT-JUNE 6,687.62 D015554-45502-- 12283 306052 ROAD MAINT-JUNE 03 12,100.96 0015554-45512-- 12285 306052 STORM DRAIN MAINT-JUNE 03 46.78 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35,384.17 TOTAL DUE VENDOR 35,384.17 MICHAEL BRANDMAN ASSOCIATES INC 001-23010-- 32712 PROF.SVCS-FPL 94-25 409.52 TOTAL PREPAIDS .00 TOTAL VOUCHERS 409.52 TOTAL DUE VENDOR 409.52 GEORGE MIDLEY 001-23001-- REFUND-GRADING BOND 3,816.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,816.00 TOTAL DUE VENDOR 3,816.00 YANG MORK 001-34780-- 3322 RECREATION REFUND 65.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 65.00 ROLAND MORRIS 0015510-44100-- 6/12 RECREATION REFUND 45..00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 JACQUELINE NATIVIDAD 001-23002-- 3337 REFUND PK DEP-PANTERA 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 12 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK RACHEL OCAMPO 001-34760-- 3403 RECREATION REFUND 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 - TOTAL DUE VENDOR 45.00 OFFICE TEAM 0015210-44000-- 9537674 TEMP SVCS -WK 7/7 73.36 TOTAL PREPAIDS .00 TOTAL VOUCHERS 73.36 TOTAL DUE VENDOR 73.36 OLYMPIC STAFFING SERVICES 0015310-44000-- 13204 95514 TEMP SVCS -WK 7/07-7/11 794.40 0015310-44000-- 13204 95664 TEMP SVCS -WK 7/14-7/18 774.54 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,568.94 TOTAL DUE VENDOR 1,568.94 ORANGE COAST FENCING ACADEMY CORP 0015350-45300-- 13297 CONTRACT CLASS -SUMMER 288.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 288.00 TOTAL DUE VENDOR 288.00 P & D CONSULTANTS INC 1415541-42210-- 48174770-16 WATER MGMT-DIST 41 JUN 849.45 0015340-42210-- 48174770-16 WATER MGMT-PARKS JUN 1,415.75 1395539-422.10-- 48174770-16 WATER MGMT-DIST 39 JUN 566.30 1385538-42210-- 48174770-16 WATER MGMT-DIST 38 JUN 1,213.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS .4,045.00 - TOTAL DUE VENDOR 4,045.00 PACIFIC ATHLETIC WEAR INC 0015350-41200-- 21664 SUPPLIES -DAY CAMP 475.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 475.15 TOTAL DUE VENDOR 475.15 PACIFIC TIME RECORDER 0015210-46200-- A13249 16507 TIME STAMP MACHINE-PLNG 704.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 704.80 TOTAL DUE VENDOR 704.80 BRITTANY PAMINTUAN 001-23002-- 3386 REFUND PK DEP-HERITAGE 50.00 . TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 13 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK JERRY PARK 001-23002-- 3339 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 PAYROLL TRANSFER 001-10200-- PP 16/03 PAYROLL TRANSFER -PP 16/03 103,100.00 07/31/2003 PP 16/03 TOTAL PREPAIDS 103,100.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 103,100.00 PERS RETIREMENT FUND 001-21109-- PP 16/03 SURVIVOR BENEFIT 38.13 001-21109-- PP 16/03 RETIRE CONTRIB-EE 6,119.55 001-21109-- PP 16/03 RETIRE CONTRIB-ER 4,979.56 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11,137.24 TOTAL DUE VENDOR 11,137.24 LIANA PINCHER 0015510-44100-- 6/12 T & T COMM -6/12 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 PITNEY BOWES INC 0014090-42200-- 345500 EQ MAINT-9/1-8/31/04 215.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 215.00 TOTAL DUE VENDOR 215.00 POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 12225 03058-1 FACILITY RENTAL -APR -JUN 2,655.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,655.00 TOTAL DUE VENDOR 2,655.00 POSTMASTER 001-23010-- EXPRESS MAIL -FPL 2002-30 13.65 001-23010-- EXPRESS MAIL -FPL 2002-66 13.65 001-23010-- EXPRESS MAIL -FPL 2003-11 13.65 001-23010-- EXPRESS MAIL -FPL 2003-11 13.65 001-23010-- EXPRESS MAIL -FPL 2002-30 13.65 001-23010-- EXPRESS MAIL -FPL 2003-11 13.65 001-23010-- EXPRESS MAIL -FPL 2003-20 13.65 0014090-42120-- EXPRESS MAIL -GENERAL 13.65 C014090-42120-- EXPRESS MAIL -GENERAL 17.85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 127.05 TOTAL DUE VENDOR 127.05 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 14 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK QUINLAN PUBLISHING GROUP 0014030-42320-- 7/1/03 PUBLICATIONS-CMGR 143.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 143.89 TOTAL DUE VENDOR 143.89 R.P. LAURAIN & ASSOCIATES INC 0014090-44000-- 7505 PROF.SVCS-LAND VALUE STDY 2,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2,000.00 RAGING WATERS 0015350-42410-- 13347 8603 EXCURSION -DAY CAMP 1,444.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,444.15 TOTAL DUE VENDOR 1,444.15 REINBERGER PRINTWERKS 0014090-42110-- 13251 12878 SUPPLIES -ENVELOPES 75.43 0014095-42110-- 13217 12877 PRINT SVCS -CITY INFO BOOK 2,473.91 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,549.34 TOTAL DUE VENDOR 2,549.34 ROTARY CLUB OF DIAMOND BAR 0015350-45300-- REIMB-CONCERTS/4TH JULY 271.75 0015350-45300-- REIMB-4TH OF JULY BLAST 268.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 539.75 TOTAL DUE VENDOR 539.75 ROTARY CLUB OF WALNUT VALLEY 0015350-45300-- REIMB-4TH OF JULY BLAST 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 ROTO -ROOTER 0015340-42210-- 021768 MAINT-PANTERA PARK 375.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 375.00 TOTAL DUE VENDOR 375.00 S & S WORLDWIDE INC 0015350-41200-- 4327856 SUPPLIES -DAY CAMP 172.73 0015350-41200-- 4318447 SUPPLIES -DAY CAMP 181.71 TOTAL PREPAIDS .00 TOTAL VOUCHERS 354.44 TOTAL DUE VENDOR 354.44 CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 15 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK S C SIGNS & SUPPLIES LLC 0015554-41250-- 25986 SUPPLIES -ROAD MAINT 162.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 162.38 TOTAL DUE VENDOR 162.38 S.C.A.C.E.O. 0015230-42340-- 7/28/03 TRNG-R SORIANO 8/20 65.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 65.00 SAFEWAY SIGN COMPANY 0015554-45506-- 13111 49219 RESIDENTIAL ST SIGNS 12,680.76 0015554-45506-- 12818 49219 RESIDENTIAL STREET SIGNS 157.88 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,838.64 TOTAL DUE VENDOR 12,838.64 SAN DIMAS SWIM AND RACQUET BALL CLB 0015350-42410-- 13167 72403 EXCURSION -DAY CAMP 62.00 0015350-42410-- 13167 7/17/03 EXCURSION -DAY CAMP 57.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 119.00 TOTAL DUE VENDOR 119.00 SCAN NATOA 0014095-42315-- 03-75-199 ANNL MEMBRSHP DUES -ROA 75.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 75.00 TOTAL DUE VENDOR 75.00 SCMAF 0015350-45300- EMPLOYEE ONE -PITCH SFTBLL 40.00 0015350-41200-- 0019724 -IN - SUPPLIES -RECREATION 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 160.00 TOTAL DUE VENDOR 160.00 SERVICE CENTER FOR INDEPENDENT LIV 1255215-42355-60009802-42355 A12303 12 CDBG PROGRAM -JUNE 03 587.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 587.50 TOTAL DUE VENDOR 587.50 SHEPPARD, MULLIN, RICHTER & HAMPTON 0014020-44021-- 222112394 SPL LEGAL SVCS -JUNE 03 833.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 833.95 TOTAL DUE VENDOR 833.95 CITY OF DIAMOND BAR RUN DATE: 07/31/2603 12:20:32 VOUCHER REGISTER PAGE: 16 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SIGNAL MAINTENANCE INCORPORATED 0015554-45507-- 12325 51219516 ADDL SGNL MAINT-JUN 03 1,650.00 0015554-45507-- 13274 51219416 ADDL SGNL MAINT-JUL 03 403.55 0015554-45507-- 13274 S1219415 ADDL SGNL MAINT-JUL 03 2,773.85 - 0015554-45507-- 13274 51219413 ADDL SGNL MAINT-JUL 03 2,956.81 0015554-45507-- - 13274 S1219414 ADDL SGNL MAINT-JUL 03 1,386.93. TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,171.14 TOTAL DUE VENDOR 9,171.14 SO COAST AIR QUALITY MANAGEMENT DIS 0014D90-42140-- 13163 AUG 03 RENTAL -CITY HALL AUG 03 20,598.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20,598.90 TOTAL DUE VENDOR 20,598.90 SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 49.10 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 41.82 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 57.90 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 38.42 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 69.85 1385538-42126-- ELECT SVCS -DIST 38 67.78 TOTAL PREPAIDS .00 TOTAL VOUCHERS 324.87 TOTAL DUE VENDOR 324.87 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- 11861739008 GAS SVCS-HRTG COMM CTR 73.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 73.39 TOTAL DUE VENDOR 73.39 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 13201 OFFICIALS SVCS -7/1-7/15 799.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 799.00 TOTAL DUE VENDOR 799.00 STANDARD INSURANCE OF OREGON 001-21106-- PP 14-15 AUG 03-SUPP LIFE INS PREM 148.60 001-21106-- PP 14-15 AUG 03 -LIFE INS PREMS 623.50 001-21112-- PP 14-15 AUG 03-STD/LTD 1,105.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,877.54 TOTAL DUE VENDOR 1,877.54 SUNSHINE ROOFING 001-34110-- REFUND -BLDG PERMIT 89.52 TOTAL PREPAIDS .00 TOTAL VOUCHERS 89.52 TOTAL DUE VENDOR 89.52 '. A . 0 RUN DATE: 07/31/2003 12:20:32 FUND/SECT-ACCT-PROJECT-ACCT SYLVIA LIVINGSTON MFT, CEAP 0015350 -44000 -- TELE -WORKS INC 001 -20710 -- 1185098 -46235 -- 1185098 -46235 -- 1185098 -46235 -- TENNIS ANYONE 0015350 -95300 -- THE PACIFIC INSTITUTE INC 0014030-44000-- TIMOWENS.COM 0014060-42340-- YI TONY TORNG 0015510-44100-- TRUGREEN LANDCARE 1395539-45500-- 1385538 -45500 -- 0015340 -45300 -- 1415541 -45500 -- US HEALTHWORKS MEDICAL GROUP 0014060 -42345 -- 0014060 -42345 -- PAGES 17 13300 CITY OF DIAMOND BAR 4,745.30 VOUCHER REGISTER .00 DUE THRU: 07/31/2003 4,745.30 PO INVOICE DESCRIPTION pillcolkilip 7/11/03 COUNSELING SVCS -DAY CAMP 400.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 400.00 TOTAL DUE VENDOR 400.00 3197 SALES TAX PAYABLE -495.00 13339 INFO TOGO SYSTEM -UPGRADE 5,320.00 12963 3197 SOFTWARE -VOICE RESPONSE 6,495.00 12963 3197 TRAINING -TELE -WORKS 1,200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,520.00 TOTAL DUE VENDOR 12,520.00 PAGES 17 13300 CONTRACT CLASS -SUMMER 4,745.30 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,745.30 TOTAL DUE VENDOR 4,745.30 00115684 PROF.SVCS-DIAGNOSTIC PHSE 1,187.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,187.50 TOTAL DUE VENDOR 1,187.50 433537 COMP TRNG-AUG 03 1,200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,200.00 TOTAL DUE VENDOR 1,200.00 6/12 RECREATION REFUND 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 12138 1692959596 C/WIDE MAINT-DIST 39 JUN 4,109.43 12138 1692959596 C/WIDE MAINT-DIST 38 JUN 3,942.39 12138 1692959596 C/WIDE MAINT-PARKS JUN 5,707.98 12138 1692959596 C/WIDE MAINT-DIST 41 JUN 2,107.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15,867.20 TOTAL DUE VENDOR 15,867.20 45709/45652 PRE EMPLOYMENT PHYSICAL 70.00 45709/45652 PRE EMPLOYMENT PHYSICAL 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150.00 TOTAL DUE VENDOR 150.00 PREPAID DATE CHECK CITY OF DIAMOND BAR RUN DATE: 07/31/2003 12:20:32 VOUCHER REGISTER PAGE: 18 DUE THRU: 07/31/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VALLEY TROPHY & NAMEPLATE 0015350-41200-- 11391 SUPPLIES-RECREATION 102.54 TOTAL PREPAIDS .00 TOTAL VOUCHERS 102.54 TOTAL DUE VENDOR 102.54 VANTAGEPOINT TRANSFER AGENTS-457 001-21108-- PP 16/03 AUG 03-PAYROLL DEDUCTIONS 21,638.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21,636.23 TOTAL DUE VENDOR 21,638.23 VERIZON CALIFORNIA 0015340-42125-- 9098608931 PH.SVCS-SYC CYN PARK 109.06 0015340-42125-- 9098619227 PH.SVCS-MAPLE HILL PK 89.31 0015340-42125-- 9095949117 PH.SVCS-R REAGAN PARK 89.31 00153.40-42125-- 9093965680 PH.SVCS-HERITAGE COMM CTR 27.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 315.07 TOTAL DUE VENDOR 315.07 VERIZON WIRELESS-LA 0014090-42125-- CELL CHRGS-GENERAL 47.08 0014440-42125-- CELL CHRGS-EMERG PREP 108.51 0014010-42125-CC403-42125 CELL CHRGS-COUNCIL 47.08 0014415-42125-- CELL CHRGS-V/PATROL 14.98 0014030-42125-- CELL CHRGS-CMGR 47.08 0014090-42125-- CELL CHRGS-GENERAL 51.42 0014010-42125-CC203-42125 CELL CHRGS-COUNCIL 47.08 TOTAL PREPAIDS .00 TOTAL VOUCHERS 363.23 TOTAL DUE VENDOR 363.23 VISION SERVICE PLAN 001-21107-- PP 14-15 AUG 03-VISION PREMIUMS 1,169.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,189.68 TOTAL DUE VENDOR 1,189.68 JUNG WAYNE 001-34780-- 3488 RECREATION REFUND 84.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 84.00 TOTAL DUE VENDOR 84.00 WELLS FARGO CARD SERVICES 0015210-42325-- MTG-DESTEFANO 38.41 0014090-42128-- BANK CHARGE FEE 35.00 0015240-42330-- ICSC CONF-DESTEFANO 255.00 0015210-46200-- PALMNET SVCS-DESTEFANO 10.90 0015210-42325-- MTG-DESTEFANO 48.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 387.90 TOTAL DUE VENDOR 387.90