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HomeMy WebLinkAbout3/2/20041 2 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 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 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA MARCH 2, 2004 CLOSED SESSION: None. STUDY SESSION: 5:30 p.m., Government Center/AQMD Room CC -8, 21865 Copley Dr. Revision of Diamond Bar Center Policies Budget and Goals Review Public Comments on Study Session Items CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Ryan Stephens, Latter Day Saints Church of Jesus Christ of Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera, Mayor Zirbes Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tiles to Outgoing Parks & Recreation, Planning and Traffic & Transportation Commissioners. 1.2 Presentation of Certificates of Appreciation to Outgoing Diamond Bar Community Foundation Members. 1.3 Proclaiming March 2004 as "American Red Cross Month." BUSINESS OF THE MONTH: 1.4 Presentation of City Tile to Shanghai Palace as Business of the Month, March, 2004 and display of Business of the Month video. CITY MANAGER REPORTS AND RECOMMENDATIONS: March 2, 2004 PAGE 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or 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 SPORTS COMPLEX TASK FORCE MEETING — March 4, 2004 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — March 9, 2004 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — March 11, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — March 16, 2004 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 DIAMOND BAR CENTER GRAND OPENING OPEN HOUSE — March 20, 2004 — 11 a.m. to 2 p.m., Diamond Bar Center, 1600 Grand Ave. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES — Regular Meeting of February 3, 2004 — Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — January 8, 2004 - Receive and file. Requested by: Public Works Division 6.3 WARRANTS - Approve Warrant Registers dated February 19, 2004 and February 26, 2004 in a total amount of $1,142,454.58. March 2, 2004 PAGE 3 Requested by: Finance Division 6.4 TREASURER'S STATEMENT - month of January, 2004. Recommended Action: Review and approve. Requested by: Finance Division 6.5 REJECT CLAIMS FOR DAMAGES — 6.5.1 Filed by Adan Tellez, January 30, 2004. 6.5.2 Filed by Denyse Shearer, February 6, 2004. Recommended Action: Approve rejection of the Claims for Damages. Requested by: City Clerk 6.6 APPROVE AMENDMENTS TO THE HOME IMPROVEMENT PROGRAM PERTAINING TO 1) FUNDING FOR LANDSCAPING IMPROVEMENTS LOCATED ON SIDE OR REAR YARD AREAS ADJACENT TO PUBLIC RIGHTS-OF-WAY AND 2) FUNDING FOR PREVIOUSLY UNFORESEEN HEALTH AND SAFETY CONCERNS Recommended Action: Approve amendments. Requested by: Planning Division 6.7 APPROVE AMENDMENT NO. 2 TO CONTRACT WITH TRUGREEN LANDCARE TO INCREASE THE AMOUNT OF ADDITIONAL WORK FOR THE CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT BY $106,000 FOR A TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $156,000. Recommended Action: Approve amendment. Requested by: Community Services Division 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 COMMUNITY FOUNDATION MEMBERSHIP 8.1.1 ACCEPT RESIGNATION TENDERED BY BOARD MEMBER CHERY COOPER. 8.1.2 REAPPOINT GURBAX "RAI" MARWAH TO THE DIAMOND BAR COMMUNITY FOUNDATION. March 2, 2004 PAGE 4 Requested by: City Clerk 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY COUNCIL T0: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda #Study Session Meeting Date; 03/02/04 AGENDA REPORT TITLE: STUDY SESSION - REVISION TO THE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BARA RESOLUTION ADOPTING THE FACILITY USE POLICIES AND FEES FOR THE COMMUNITY/SENIOR CENTER. Recommendation: Conduct Study Session Review. Financial impact: None Background: The City Council adopted Resolution No. 2003-60 on October 7, 2003 establishing the policies and fees for the use of the Diamond Bar Center. Staff has been utilizing these policies to schedule use and to prepare for the opening of the center, which is scheduled for March 20, 2004. The public' sdemand for use of the center is extremely high and there have already been 44 paid private rentals scheduled with revenue totaling over $87,000. From this experience, staff has developed recommended changes to the policies that staff believe will provide for a more effective and efficient operation of the center. Discussion: Many of the changes are more editorial than substantive, clarifying issues and resolving conflicting statements. The following recommended revisions respond to requests from potential users and change the way the facility will be operated or the way fees will be charged; 1. Description and name of each room added to Description of Facility. Pg. 2, section I. All rooms listed are for multi-purpose use; a. Grand Ball Room — Total Room 7,135 sq. ft.-- stage, patio/balcony, room may be separated into 5 separate rooms, dining capacity; 487 w/1000 sq. ft. dance floor; 420 w/500 sq. ft. dance floor; 454 theatre capacity; 1044 b. Sycamore Room — 1050 sq. ft. -- Patio, dining capacity; 60 theater capacity; 128 C. Birch Room — 400 sq. ft. Computer Room, 10 computer stations d. Pine Room —1550 sq. ft. Senior Room, dining capacity; 66 theater capacity, 142 e. Oak Room — 1431 sq. ft. Dance/exercise, hardwood floors, capacity; 85 2. Use on New Year' sEve shall be charged weekend rates and shall require minimum use of 2/3 banquet room. Pg 4, #3. 3. Two holiday dates have been added, Christmas Day and Thanksgiving Day. The center is closed not available for use on these two dates, unless Center Director approva I isobtained. Pg. 4, number 6. 4. Added: Weekend use of Banquet Room requires a minimum 6 hour rental period and a minimum 2/3 rental of the Banquet Room. Rental time must include set-up and clean-up time. Pg. 6, letter v. 5. When Banquet Room is not reserved forweekend use 21 days or less prior to desired date, Senior group may reserve use of room for the discounted rate of $20 per hour. Such use shall not interfere with any other scheduled use for facility, and must receive prior approval from the Center Director. Pg. 7, letter v. 6. Requirement for cleaning deposit ($100) added for non -profit (Group C) reserved use of meeting rooms. Currently, cleaning deposits are not required from non -profits for use of meeting rooms. Pg. 9, letter i. 7. City shall determine security firm to be utilized rather than the SherifY sDepartment. L.A. County Sheriff' s representatives are not allowed to recommend a specific security company to citizens. Staff will still use the Sheriff' sDepartment as a resource to determine the number of security guards to require at specific events, or to schedule deputies when that level of security is determined necessary. Pg. 12, letter B. 8. The L.A. County Fire Department requires a permit for tea lights from each user utilizing tea lights. Copy of tea light permit from the fire department is required 7 days prior to the event. Pg.14, number 4. License: Staff has been researching the use of incense in rental facilities similar to the Diamond Bar Center. Staff has found no city operated facilities that allow the use of incense. We have also checked with Southern California hotels. Of the 10 contacted, none said they allowed incense. We even checked hotels that we were told had allowed incense in the past. All but one of those said they did not allow incense. The one hotel that said they did allow incense never followed through on their promise to send a copy of their policy to us. Staff still recommends that incense not be allowed in the Diamond Bar Center. Rental Fees: Staff has been comparing our current rental fees to those of other city operated facilities. Based on this research, it appears that our current fees are too low, especially for non-profit groups. Comparative rates for non-profit organizations "weekend" rates for banquet room. Curren t Diamond Bar Center rate is $112.50 hour Recommended Revised rate is $150 hour City of La Palma (banquet capacity 150) _ $60 hour Diamond Bar Center equivalent = $192 hour City of Los Alamitos (banquet capacity 242) _ $65 hour Diamond Bar Center equivalent = $130 hour City of Signal Hill (banquet capacity 35) _ $42 hour Diamond Bar Center equivalent = $576 hour City of Westminster (banquet capacity 200) _ $65 hour Diamond Bar Center equivalent = $156 hour City of Yorba Linda (banquet capacity 300) _ $145 hour Diamond Bar Center equivalent = $232 hour City of Brea (banquet capacity 320) _ $175 hour Diamond Bar Center equivalent = $263 hour The City of Brea is the closest in "style"and "extra"amenities (with the windows and patio attached) to the Diamond Bar Center. HOWEVER, they do not have the incredible location/view! Therefore, we recommend that the NEW rate for non -profit "weekend"times for the entire banquet room be changed to $150 hour (with the 6 hour minimum rental required). All other rates have been adjusted according to the following calculations; o Weekday rates are 1/2 the cost of weekend rates o Other room rates are based on the room size as compared to the largest room o Increases for client type is based on a 10 percent increase from one category to the next Grand View Ballroom (includes Catering Kitchen, pre -function area and patio) Recommended Rental Rates for Banquet Room; Weekdays Weekends Group C $75 hour $150 hour Group D $150 hour $300 hour Group E $155 hour $330 hour REVIEWED BY; Bob Rose Community Services Director Attachment; Draft Diamond Bar Center Policy James DeStefano Deputy City Manager RESOLUTION NO. 2003-60A A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2003.60 REVISINGTHE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BAR A_ Recitals (i) The City Council adopted Resolution No. 2003-60 on October 7, 2003 establishing policies and fees for the use of the Diamond Bar Center; (ii) Staff has been utilizing the adopted policies and fees to schedule reserved use and to prepare for the opening of the facility on March 20, 2004; (iii) Staff believes that the changes listed in Exhibit A will result in a more efficient and effective operation of the Diamond Bar Center; (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar That: 1. Resolution No. 2003-60 is hereby amended by Resolution No. 2003-60A. 2. The use of the Diamond Bar Center shall be governed by the policies described in the Facility Use Policy for the Diamond Bar Center, attached hereto as Exhibit A, and incorporated herein by this reference as though set forth in full. 3. Any or all provisions in the attached policies may be waived by action of the City Council. PASSED, APPROVED AND ADOPTED this day of 2004. BOB ZIRBES Mayor ATTEST: CITY CLERK I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on this day of 2004, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS LYNDA BURGESS, CityClerk City of Diamond Bar City of Diamond Bar DIAMOND BAR CENTER 1600 S. Grand Avenue Diamond Bar, CA 91765 Facility Use Policy Adopted by the City Council on October 7, 2003 Resolution No. 2003-60 Facility Use Information 909.839.7070 City of Diamond Bar Diamond Bar Center Facility Use Policy TABLE OF CONTENTS Shu I=L Eag-Q L DESCRIPTION OF FACILITY 2 H. PURPOSE OF THE USE POLICY 2 III. DEFINITION OF TERMS 2 IV. GROUP PRIORITY RATING 2 V. APPLICATION PROCEDURES 3 VI. ROOMS AVAILABLE FOR USE 5 1. Banquet Room Use 5 2. Meeting Room, Game Room, Activity Room, Senior Room Use 7 3. Kitchen Facilities Use 9 VII. LIABILITY AND INSURANCE 10 VIIL GENERAL OPERATING REGULATIONS 11 IX. VARIANCES 16 X. FACILITY USE FEE SCHEDULE 18 XI. EQUIPMENT RENTAL FEE SCHEDULE 20 XII. TENANT USERS INSURANCE INFORMATION 21 City of Diamond Bar Diamond Bar Center Facility Use Policy DESCRIP TIO N OF FACILITY The City of Diamond Bar 9@ffffi+Ha4y19eaie+_ Diamond Bar Center ("Center" or "facility") is a 22,M square foot facility owned and operated by the City of Diamond Bar and located at 1600 S. Grand Avenue. The facility consists of assembly rooms, meeting rooms, activity rooms, senior citizen room, banquet rooms, and a catering kitchen. All of these rooms are available for use in accordance with the terms of this Facility Use Policy ("Use Policy'), which is administered by the Community Services Division of the City. All rooms listed are for multi-purpose use: a. Grand Ball Room — stage, patio/balcony, room may be separated into 5 separate rooms, dining capacity: 487 w/1000 sq. ft. dance floor: 420 w/500 sq. ft. dance floor: 454 theatre capacity: 1044 b. Sycamore Room — Patio, dining capacity: 60 theater capacity. 128 c. Birch Room — Computer Room, 10 computer stations d. Pine Room — Senior Room, dining capacity. 66 theater capacity: 142 e. Oak Room — Dance/exercise, hardwood floors, capacity: 85 II. P URP OSE OF THE USE POLICY The purpose of this Use Policy is to assure that the Center is operated in a manner that best serves the residents of the City of Diamond Bar. It is intended to ensure that the use of the facility is granted in a fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of the facility are intended to recoup on-going maintenance and operation costs of the facility. City facilities are not to be used for personal and/or private gain. III. DEFINITION OF TERMS 1. "Center Director" means the administrative head of the Diamond Bar Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. 2. "City' means the City of Diamond Bar, acting through its officials, representatives, agents, and employees. 3. "User" means an individual who or group which obtains a permit to use the Entmity'Senier- Diamond Bar Center pursuant to the terms of this Use Policy. 4. "Applicant" means an individual or group, which completes a City of Diamond Bar Facility Use Application to use the Diamond Bar Center pursuant to the terms of this Use Policy. "Facility Use Permit" means apermit issued by the City upon approval of a Facility Use Application for use of the facility or some portion thereof by an applicant. IV. GROUP PRIORITY RATING 1. An individual or group seeking permission to utilize the facilities at the Center will be classified in one of the following priority groups. These classifications are used to establish 1) priority of use, 2) applicability of a fee, and 3) amount of the fee, if any. The priority groups are as follows: A. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar. B. GROUP B- Activities conducted bythe City recognized Senior citizen membership groups - C. GROUP C: C-1- Activities conducted by Governmental agencies other than the City of Diamond Bar, which provide some service to the Diamond Bar community (e.g. local school districts, County of Los Angeles agencies, etc.) ii. C-2- Activities conducted by-4ee4 Diamond Bar based non-profit service organi��ations . To qualify as a local non-profit organization, the organization shall have a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A membership roster and the Articles of Incorporation indicating status as a Diamond Bar based 501(C)(3) non-profit organization tiatt profit tax exetnptiatt ttembe shall be submitted a_ t_ tmti •al b _:_ as a condition of an organization receiving classification in this group. D. GROUP D: D-1- Private events conducted by Diamond Bar residents, ii. D-2- Activities conducted by Diamond Bar resident groups, organizations and businesses, which are not eligible under Group C definitions. E. GROUP E- Non-resident private events and non-resident groups, organizations and businesses and commercial functions. (Examples: Commercial functions, non-resident business meetings, or non-resident private affairs.) 2. Priority for use of the facility will be in alphabetical sequence, with Group A applicants receiving the highest priority and Group E applicants the lowest priority. V. APPLICATION PROCEDURES All applicants must complete a City of Diamond Bar Facility Use Application ("Application') and pay all applicable fees at the time of submitting the application. The applicant shall be classified and assigned a Group in accordance with the definitions and priority rankings set forth in Section IV of this Use Policy. Reservations may be made no earlier than Group A: no limit. Group B: Up to six (6) months in advance for subsidized use, fifteen (15) months in advance when not subsidized. Staff will schedule senior facility use 15 months in advance. Scheduling of actual user will be done 6 months in advance during meeting with Group B users that submitted facility use requests. Groups C1 and C2: Up to fifteen (15) months in advance. Groups Dl & D2: Up to fifteen (15) months in advance. Group E: Up to twelve (12) months in advance. 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. 5. Weekends are defined as beginning at 5:00 pm on Friday and ending at 11:00 pm on Sunday. Any reserved time that falls between this period of time shall be considered a weekend and will be charged weekend rate. Use on New Year's Eve shall be charged weekend rates and shall require minimum use of 2/3 banquet room. 6. Observed Holidays — Thanksgiving Day and Christmas Day — No use shall be scheduled on observed holidays without Center Director's approval. Upon approval of an application, a facility ttse1perreiE rental contract will be issued authorizing the requested use of the facility. The Center Director may attach such conditions to the pert contract as she/he may determine necessary for the protection of the public health, safety and welfare and the Center facility. Applicants shall not transfer, assign, or sublet use of the Center or apply for use on behalf of another person or organization. Applications shall be accompanied by proof of liability insurance consistent with the provisions of this Use Policy, a refundable cleaning deposit, and fees per the attached fee schedule. Use will be approved based on availability in accordance with priority rankings. In the unlikely event that two or more applications are submitted simultaneously for the same date, time and room(s), the applications will be processed according to priority rankings. Use may be denied and the application rejected for the following reasons: A. That the Center is physically incapable of accommodating the proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance. B. That the user has failed to demonstrate its ability to provide adequate security to assure that the event is conducted in a safe manner. C. That the applicant has failed to agree to comply with all of the conditions of this Use Policy or those set forth in the facility use permit. D. That the activity is likely to cause physical damage to the Center or its equipment. E. That conditions for the issuance of a facility use permit have not been fulfilled. That any law or regulation is violated by an intended use. G. That another event is already scheduled on the requested date. H. That the applicant previously used the facility and failed to comply with applicable rules or conditions, or due to damage or lack of cleaning, did not receive all of its cleaning deposit back. That the applicant has twice before cancelled a scheduled event in the facility without prior notice. 10. If at any time prior to or during the scheduled event the applicant/user is not in compliance with the policies and regulations stated in this Use Policy or the conditions of the facility use permit, and after notice of noncompliance has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation or terminate the event. Under those circumstances, no deposits and/or fee(s) previously paid by the applicant shall be returned. 11. The City reserves the right to cancel a permit issued for any event or activity for its convenience. In the event of such a cancellation, notice shall be given as far in advance as possible and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. VI. ROOMS AVAILABLE FOR USE Banquet Room Use A. Reservation Procedures for Banquet Room Use All potential users shall complete an Application a minimum of 30 days prior to the event. ii. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. iii. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. iv. Fees for reservations made within 30 days of the event must be paid by credit card, cashier's check or cash. Weekend use of Banquet Room requires a minimum 6 hour rental period and minimum 2/3 rental of the Banquet Room. Rental time must include set-up and clean-up time. B. Deposits Required for Banquet Room Use Rental fees exceeding $500 require a minimum rental fee deposit of $500 payable with an approved application. The remaining balance is due 30 days prior to the event. ii. Rental fees less than $500 require a minimum deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due 30 days prior to the event. C. Cancellation of Banquet Room Permit by Applicant Groups D-1, D-2 and E resery ing the banquet room(s) shall adhere to the following cancellation policy. a. Weekend reservations cancelled 90 days or more prior to the event will receive a refund of fees minus a $100 preeessing fee. b. Weekend reservations cancelled 30-89 days prior to the event will receive a 5" refund of fees minus $500 or amount of rental fee deposit, whichever is less. c. Weekend reservations cancelled 29 days or less prior to the event will receive no refund of the rental fees and a full refund of the cleaning deposit. d. Weekday reservations cancelled 30 days or more prior to the event will receive a refund of fees minus a $100 proeessang fee. e. Weekday reservations cancelled 29 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. ii. Group C (Non-profit groups) reserving the banquet room(s) shall adhere to the following cancellation policy: a. Weekday reservations cancelled wor-e thai; 30 days or more prior to the event will receive a full refund minus x$10 praeessittg fee. If cancellation is received 29 days or less prior to the event there will be a $100 cancellation fee and the reservation/ cancellation will count as one of the group's allotted uses. b. For weekend use, cancellation shall comply with the cancellation policy as stated in Section VI. C. i. D. Recurring Banquet Room Use by Group B Organizations (Senior Groups) Senior use of banquet room at no cost is limited to weekda ys. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve one use of banquet room per week. iii. Banquet room maybe used only when expected attendance exceeds 115 people for banquet style and 200 people for auditorium style seating. iv. Weekend use of Banquet Room(s) by senior groups requires payment of fees according to the rental rates for Group C organizations and is subject to Group C cancellation charges. When fee for use is not discounted, room may be reserved up to fifteen months in advance. When Banquet Room is not reserved for weekend use 21 days or less prior to date, senior group may reserve and use room for the discounted rate of $20 per hour. Such use shall not interfere with any other schedule use for facility, as determined by Center Director. E. Recurring Banquet Room Use by Group C Organizations Non-profit organizations in this classification are allowed two (2) uses of banquet room(s) per calendar year. These uses apply Monday -Friday (before 5:00 pm on Friday) only and the group shall pay $20 per hour of use plus cleaning deposit. ii. The allocated uses may include a maximum of two hours immediately prior to the start of the event for set up at no charge and one hour of clean up immediately following the event at no charge. Any additional hours will be charged at the prevailing rental rate. iii. After the allocated uses, Group C users in this classification will be charged prevailing weekday rates plus applieable apetwtion fees. iv. Weekend use requires payment according to the approved rental rate for this classification. Refunds of Security and Cleaning Deposits Security and cleaning deposits shall be refunded if proper cleanup is completed and no breakage or damage has occurred. This determination will be made by the Center staff. ii. The user shall be required to pay the full cost of breakage or damage (over and above the deposited funds), regardless of the amount. If damage occurs and it is less than the deposit, the difference shall be refunded. iii. Refunds will be mailed two (2) to four (4) weeks after the event. Meeting Room, Game Room, Activity Room, Senior Room Use A. Reservation Procedures for Meeting Room, Game Room, Activity Room, Senior Room Use All potential users shall complete an Application a minimum of 30 days prior to the event. ii. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staf fing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. iii. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. iv. Minimum use is 2 hours of rental time. Fees for reservations made within 30 days of the event must be paid by credit card, cashier's check or cash. B. Deposits required for meeting room, game room, activity room, senior room use: Rental fees exceeding $500 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 30 days prior to the event. ii. Rental fees less than $500 require a minimum deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due 30 days prior to the event. C. Cancellation of meeting room, game room, activity room, senior room use uses. Groups D-1, D-2 and E reserving meeting rooms shall adhere to the following cancellation policy: a. Weekend reservations cancelled 60 days or more prior to the event will receive a refund of fees minus a $50 pr-eeessiag fee. b. Weekend reservations cancelled 30-59 days prior to the event will receive a 38Qfa refund of the rettW fee s minus $500 or amount of rental fee deposit, whichever is less and _ of the -,_-._..-_ _-__.._ c. Weekend reservations cancelled 29 days or less prior to the event will receive no refund of the rental fees and a full refund of the cleaning deposit. d. Weekday reservations cancelled 30 days or more prior to the event will receive a refund of fees minus a $50 pr-esgssingf@@. e. Weekday reservations cancelled 29 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. ii. Group C (Non-profit groups) reserving meeting rooms shall adhere to the following cancellation policy. a. If cancelled 30 or more days in advance group shall receive an entire refund and this will not count toward one of their twelve meeting room b. If less than 30 days notice of cancellation is given, group will receive no refund and this will count toward one of their allotted uses. D. Recurring Use of meeting room, game room, activity room by Group B Organizations (Senior Groups) i. Senior use of meeting room, game room, and activity room is limited to weekdays. Rooms may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve one use of one meeting room, game room or activity room per week. E. Recurring Use of Senior Room by Group B Organizations (Senior Groups) Senior use of senior room is available seven (7) days per week, during regular operating hours of facility. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve two uses of senior room per week. iii. When senior room is not scheduled for senior use, use may be offered to other users, per meeting room policies. Recurring Use of Meeting Rooms by Group C Organizations (Diamond Bar Based Non - Profit Organizations) Non-profit organizations in this classification are allowed twelve (12) uses of meeting rooms per calendar year. These uses apply Monday -Friday (Friday before 5:00 pm) only and the group shall pay $20 per hour plus cleaning deposit en4y Requirement for cleaning deposit ($100) added for non-Oprofit (Group C) reserved use of meeting rooms. Currently, cleaning deposits are not required from non -profits for use of meeting rooms. ii. After the allocated uses, Group C users in this classification will be charged prevailing weekday and weekend rates plus applicable operation fees. iii. The allocated uses may include a maximum of two hours immediately prior to the start of the event for set up at no charge and one hour of clean up immediately following the event at no charge. Any additional hours will be charged at the prevailing rental rate. Kitchen Facilities Use A. Reservation Procedures for Kitchen Facilities Use The kitchen is divided into two sections: a General Use Section b. Catering Kitchen ii. The General Use Section is available at no cost to all users scheduled at the Eeitmmnifr Diamond Bar Center on a first come, first served basis. Use shall be coordinated between the users to best meet the needs of all users. Equipment available includes coffee maker (user provides coffee/service), ice machine, sink, and refrigerator (items must be removed after each scheduled use). iii. The Catering Kitchen is available only to users scheduled for a catered event at the Eemmunity Diamond Bar Center. Use of the Catering Kitchen must be requested on the same Application that is submitted for room use. Fee for use of Catering Kitchen is stated on the fee schedule. Equipment available includes refrigerator/fre ezer (items must be removed after each scheduled use), microwave oven, oven/steamer, convection oven, warming top, hot food service unit, mobile heated holding carts (2 each), and a sink. B. Kitchen Use Policies: i. Only licensed caterers may provide food service for events scheduled at this facility . ii. The kitchen is designed for food warming and serving. NO COOKING IS ALLOWED IN THIS FACILITY. iii. Storage for Priority Groups A, B & C that are recurring users may be available on a first -come, first -served basis, for a period not to exceed six months. After six months, if demand exceeds supply, storage space will be allocated through random drawing. VII. LIABILITY AND INSURANCE 1. 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. (If alcohol is to be served, insurance coverage stall include coverage for serving alcohol beverages). 2. All of user' s insurance shall: A. Name the City of Diamond Bar, its employees, officials, agents, � '@I i wweFs (collectively hereinafter "City and City personnel') as additional or co-insured on an endorsement. B. Contain no special limitations on the scope of protection afforded to City and City personnel. C. Be the primary insurance and any insurance or self -insurance maintained by City or City personnel shall be in excess of the user's insurance and shall not contribute with it. D. Shall be "date of occurrence" rather than "claims made" insurance. E. Shall apply separately to each insured against the limits of the insurer's liability 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 City's Risk Manager due to unique circumstances. G. The applicant's policy must include a 30 -day written cancellation notice. Certificate of Insurance -- The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: A. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of Diamond Bar, its officials, employees, and agents." B. Additional insured endorsements must accompany the Certificate of Insurance and indicate policy number, date, name of insurance company and name of "insured". C. Certificate must be an original. No copies will be accepted. D. The Certificate of Insurance must be filed with the Community/ Senior Center not later than the date of final payment or fourteen (14) days prior to the event, whichever is earlier. If a certificate is not on file by this date, insurance fees will be added to the final payment. E. If alcohol is to be served insurance coverage shall include coverage for serving alcohol beverages). Indemnification Clause -- To the full extent permitted bylaw, 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. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, will make available Tenant/User insurance coverage. Please see attachment on page IV for information and fees for Tenant/User insurance coverage. The insurance requirements set forth above are inapplicable when planned attendance is less than 25 people and the event consists of a meeting utilizing facility tables and chairs only and no alcohol is to be served. VIII. GENERAL OPERATING REGULATIONS The Use and Service of Alcohol - The use of alcohol in the Center is exclusively by written permission in advance and must comply with applicable law and the provisions of this Use Policy. Failure to comply with any regulations will result in immediate revocation of the permission to use alcohol and termination of the event. Additional regulations and specifications may be required in the facility use permit for any event. A. "Alcohol use" refers to any beverage that contains any amount of alcohol. B. is required to be present as ses at all events at which alcohol is served. The cwoWms r,opaF H@i# w o o Fity for - Group Cost of the security is the responsibility of the user and is payable directly to the s City approved security firm. C. Alcohol shall not be served to minors. The user'sfailure to comply, monitor and enforce this provision is grounds for terminating the activity immediately and forfeiture of the refundable deposits and all of the room fees. D. Injuries caused to any person as a result of alcoholic beverages being served and/or consumed on City premises, including but not limited to the Gaffniltmity Diamond Bar Center, shall be the sole responsibility of the organization, its sponsor or the adult representative, who, as a condition of signing the use permit for the facility agree to indemnify the City for any such injuries. E. Permission to serve alcohol shall not be granted for any event where the majority (50% plus one) of guests in attendance will be under the age of 21. Alcohol may neither be served nor sold prior to the scheduled start of the event nor until the approved security officers arrive at the Center unless the requirement for security has been waived all together. G. Alcohol may not be served nor consumed outside of the room approved for use. Serving or consuming alcohol on patios adjoining the room approved for use is permitted. H. Alcohol may not be served nor consumed in the parking lot without obtaining a special alcohol permit approved by the Director of Community Services. I. License Requirements (when alcohol is to be sold) No sales or requests for donations for alcohol are permitted without a license from the State Alcoholic Beverage Control Board (A.B.C.) ii. A copy of your G9wAffHf4t#8@nier- Diamond Bar Center contract must be furnished to A.B.C. when applying for this license. iii. A copy of the A.B.C. license must be furnished to the Diamond Bar Center a minimum of seven working days prior to the event. iv. A copy of the A.B.C. license must be posted in plain public view near the bar, or other location, where the alcohol is being served. Non -Profit Organizations: A one -day alcoholic beverage permit can only be issued to Non-profit organizations and only if the proceeds are going back to that Non -Profit organization. vi. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non -Profit organization, shall not sell alcohol on their own, but must arrange this through a licensed caterer. The caterer must have a License (Type 47 or 48), 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 ann �vate 12aa to sell alcohol on their own. The service of alcohol at any event is limited to a maximum of five (5) hours. K. All alcohol must be distributed from behind a table or a bar by an adult, over the age of 21 who is to be responsible for insuring that no minors are served. L. Wine, punch, beer, champagne and spirits must be served etif a I cups, glasses, or cans (no bottles) . M. When serving champagne, all bottles must be opened in the kitchen prior to serving. Champagne bottles may not be opened in the assem4, banquet rooms. All unopened bottles must be stored in the kitchen. N. Security service must be present through the clean up hour. 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. 3. Tobacco use of any kind or smoking is not permitted in the Diamond Bar Center. Smoking is permitted in designated outdoor areas only. 4. Incense, fog, or smoke use is not permitted in the Gamffmttity Diamond Bar Center; including incense, flame, or smoke ceremonies. The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire Department standards a copy of your tea light permit must be submitted to the Diamond Bar Center a minimum of 7 days prior to event. The use of fog generating machines is prohibited. 5. Animals are not permitted in the Center facilities except those that serve as aides to physi cally challenged individuals. This includes, but is not limited to, guide dogs for the blind and dogs for the hearing or physically impaired. 6. Illegal Activities shall not be permitted. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Fighting, gambling and lewd conduct are prohibited. 7. 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. 8. 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 administrativ a 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 wil l be removed and discarded. 10. In the event of damage, destruction or defacement, the applicant shall be liable for all expenses required to repair, restore or replace the facility, its furnishing, or equipment to its original condition. 11. 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. 12. Sleeping or lodging is not permitted in the Center. 13. 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. 14. 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 Diamond Bar 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. 15. Food and Beverage - No foods or beverages that cause permanent stains to the facility are allowed; including red punch, red food coloring, and curry. Foods and beverages must remain in rented room. 16. Minors - Groups of minors shall be supervised by one adult for every 10 minors, ag e 12 and under and one adult for every 20 minors under the age of 18 and over the age of 12 at all times while they are using the Center. Events where the majority of the participants are minors may be required to have security guards present during the event and cleanup. 17. Revocation for Violation - Reservations may be cancelled at any time bythe Center Director if there has been a violation of applicable rules or conditions of the facility use permit. 18. 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. 19. 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. 20. Parking Lot - The use of the parking lot is to service the facility. Exceptions may be issued through approval of a Variance as provided in Section IX Requests to use the parking lot will be considered under "events not covered" (see paragraph 23 below) for appropriate use, fees, and service. 21. Events Not Covered - Special events or requests not covered in this Use Policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A Variance may be required as provided in Section IX. 22. 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. The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire Department standards. The use of fog generating machines is prohibited. 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. 23. 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. IX. VARIANCES 1. An applicant may request a variance from one or more of the rules set forth below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this Use Policy. Variances may be requested only from the following requirements: Hours of use beyond closing times stated in this document. ii. Relief from cancellation fees when facility is then used by an alternate party that pays fees similar to or more than the cancelled event (for the same date and approximate time as the cancelled event). If variance is granted, a $5.00 refund processing fee will be deducted from relief amount. iii. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls. iv. Additional recurring use and/or subsidized weekend use by Priority Group C organizations. Large events that involve the use of multiple rooms and/or spaces not normally scheduled for use and uses that may result in parking of event attendees in areas beyond the boundary of the Diamond Bar Center parking lot, or events not covered in this Use Policy. Requests for waiver or discount of fees (other than cancellation fees) will not be accepted nor considered. Variance Request Procedures: i. Variances must be requested in writing at the time of submission of the Facility Use Application. The request must set forth the unusual circumstances that justify a deviation from the ordinary rules. ii. Variances will be granted only upon a finding that: 1) the circumstances presented are unusual and not likely to recur often; 2) the grant of the variance will not set a precedent; and 3) the variance will not be detrimental to the public health, safety or welfare, or disruptive to other events occurring in the facility at the same time, or to the immediately surrounding neighborhood. The request for a variance will be acted upon at the time the application is approved. iii. In the event a variance is granted, the applicant will pay any supplemental fee necessary to compensate the City for additional costs associated with the variance. Denial of a variance may be appealed within ten days to the City Manager. The City Manager's decision will be final. GrOUP 6: Other Governme"fit! Age"Cies ft"d Local No" pi-ofit Set -vice Growl" Room We—. We R-4& RAe T2:g 042A 4;4�A+ 4;44ff S6'75 $399 stftif& covin i34� -S-� $69, i 614, 64-90 S 4� 41 %10- hr 15 r 4448 GOITt"uter Root" 9494x" 164tr 499 {3atiqttet Room �$2� 1 $16,41r$226,'__ ttt Bftttqttet Room N'l� Nl� Q"46,4evettt Gate44WQ*@1# X144 $4� I 1zz $� 99 110.1.11 10 .. .. .. 00 .. ©©©©© - - ©©© :: 6. Gleftmittg depasi+s e&e paid to ettstire proper elefffi up Effid to eaver +he east 6�fffiy tepifteemelit, repairs, daittage, or loss to t4te ffteility. All eletming deposits are reftniderble if +e appheant meets all of +e elettni�ig Group 6: Other Goverimmental Agetwies and Inoeal Non profit Serviee Gro, F@qk4if:@d *4 k�e-sa�rasted- Group C 1 & 2: Other Governmental Agencies and Local Non-profit Service Groups Room Weekday Rates Weekend Rates Cleaning Deposit Rate Operation Rate Operation Big Banquet Room � Qm �244tr 464-4/- 41':f7C 4400 Grand View Ballroom $75/hr $150/hr $500 geffief-� Q`S� e1� eco Q,� &1-40 Pine Room Senior $45/hr $45/hr $100 Meetilig-Roams -S+� I 4+54tr sA9 Sycamore Room + Patio $45/hr $45/hr $100 4'etttl3- ee a $4 49 4 4441+ 4 4494 Oak Room $45/hr $45/hr $100 Maple Room $25/hr $45/hr $100 EeWk#@;: Roa $344if 1 %1544 $34,43 Q'� $498 Birch Room (Computer) $45/hr $45/hr $100 $abet-12eer� �39H �13,4n S464'eten+ 4.290 Grand View Ballroom divided 2/3 $50/hr $100/hr $350 Bargee+ Room S2514. S4% °'22ni 4400 Grand View Ballroom divided 1/3 $45/hr $100 B�i3 __ 7L-aT Y�X46 l�en Banquet Room divided 1/5 $27/hr $100 catefi44go $54 X144 $54/0, .,. 1 144 44.04 Catering Kitchen I $50/event $100 Group P 2: Diamond Bar Rtsident Business Events Group D: Diamond Bar Residents Room Weekday Rates Weekend Rates Cleaning Rate Operation Rate Operation Deposit 44 4 4_'44s Grand View $150/hr $300/hr $500 Ballroom Sycamore Room + Patio Oak Room 44iy4� Maple Room Ganger -R Birch Room (Computer) Banqttet Root" Grand View Ballroom (divided 2/3) Bantleet Reem Grand View Ballroom (divided 1/3) Bantleet Room Banquet Room (divided 1/5) GawFi44g Kiwlwn- Catering Kitchen Pl� I P $50/hr $50/hr 45044i [;T� $27/hr P P $50/hr $19941 $16"iY $100/hr $59fl1 $4614, $50/hr S39AI $4614, $30/hr $50 N44 449+r 1 S 4 $100/hr $100/hr 4 $55/hr 444++ 4 $100/hr $ ' $200/hr 45Q/6M,@4# 11144 499 $100 $100 44-W $100 494 $100 $i99 $350 X1-99 $100 Group E: Non-Residen is and Businesses Room Weekday Rates Weekend Rates Cleaning Deposit Rate Operation Rate Operation BigBaneIttef Rea 9-57* $29,41r S29AI &399 Grand View Ballroom $165/hr $330/hr $500 �„, ' 9f1 S499 PineRoom (Senior) $55/hr $110/hr $100 N48e444g Reens- e^� Q , e ^� I e ,� 44109 Sycamore Room + Patio $55/hr $110/hr $100 V_Ozvucn- covin 449++ $1 S +r S+6+r $-}99 Oak Room $55/hr $110/hr $100 ala -Reece 4.vided-1 J3} $394f $4 $38E4f %1 &440 Maple Room $30/hr $60/hr $100 C-01-Aputer Room 444� 1 $16+ ' 46.� � 1.99 Birch Room (Computer) $55/hr $110/hr $100 Pim"et Room (divtdeel 2,4} a, 1$15,4 $4.49 S 1 54h $2.99 Grand View Ballroom (divided 2/3 $110/hr $220/hr $350 Pafiqoet Room S6944 SI 54; �'� %,� &W4 Grand View Ballroom (divided 1/3) $55/hr $100 Paiiijoet Ream (divideel 14� %404; $1-54; $394f $4944 X4.99 Banquet Room (divided 1/5) $35/hr $100 Gil a $38 144 $�9 1 WA $499 -Catering Kitchen $50/event $100 X1. --Equipment Rental Fee Schedule: Groups C, D-1, D-2, and E Equipment Rental Fee Replacement Cost Portable Bar $25 Keyboard $50 Karaoke Machine $20 Compact Disc Player $20 VCR/FV $20 Coffee Pot (55 cup) $20 Coffee Pot 100 cu $40 Slide Projector $20 Overhead Projector $20 Microphone cordless $20 Microphone Stand $5 Dance Floor —500 sq. ft. thru 1000 sq. ft. $200 Dance Floor —less than 500 sq. ft. $100 Projection T.V. $50 Projection Screen No 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. Re lacement fee will be assessed if equipment is damaged or destroyed. 3. TeneVUsers Insurance — This insurance is provided under separate contract with the City's insurer. See attachment "A" for information and fees. Fees are subject to change without advance notice. Fees are passed through to user. Package Fee Options: Reception/Part y Package Option A: $225 — Includes Dance floor up to 1,000 sq. ft. and any other equipment offered by the city for rent. Reception/Party Package Option B: $125 — Includes Dance floor less than 500 sq. ft. and any other equipment offered by the city for rent. Business Meeting Package: $50 — Includes all equipment offered by the city for rent (except dance floors). XII. -- Tenant/User Insurance Coverage Information and Fees ? This section is provided to those who do not have their own insurance that meets the requirements of the Diamond Bar Center Facility Use Policies. ? If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, makes available the Tenant/User insurance coverage described in the following five pages. How to use this section: 1. Locate the type of activity you plan to conduct on Hazard Schedules I, II, or III. 2. Determine the number of people you expect at your activity. For multiple day activities, estimate the total attendance for all the days the activity will take place. Multiple day events are limited to five consecutive days, unless additional days are approved bythe insurance provider. 3. The estimated premium amount corresponds with the Hazard Class I, II or III for your total estimated attendance (page 25). 4. If alcoholic beverages are to be served, add $65.00 for each day of the event to the premium amount from page 26. Alcoholic beverages are allowed only at Hazard Class I events, unless approved by the insurance provider. 5. See sample calculations of premium on the bottom of page 25. 6. Rates are subject to change without notice. 7. For assistance with or questions about TenanVUser insurance coverage, please contact the Diamond Bar Center Staff at 909.839.7074. AGENDA N0. MINUTES OF THE CITY COUNCIL 6.1.1 REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 3,2004 STUDY SESSION: Mayor Zirbes called the Study Session to orderat 5:06 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Huff, O' Connor,Mayor Pro Tem Herrera and Mayor Zirbes Also presentwere: Linda Lowry, City Manager;Mike Jenkins,City Attorney; Jim De Stefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Nancy Whitehouse, Executive Assistant; Jim Clarke, Legislative Analyst; Kim Crews, Senior Management Analyst; Anthony Jordan, Parks and Maintenance Supervisor; Fred Alamolholda, Senior Engineerand Sharon Gomez, Sen iorManagement Analyst. Lewis/Calvary Chapel Retail Center Update Public Comments M/Zirbes recessed the Study Session at 5:52 p.m. CALL TO ORDER: MayorZirbes called the regular City Council meeting to order at 6:32 p.m. in the Auditoriumof The Government Center/SCAQMD, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge ofAllegiancewas lead by C/Chang. INVOCATION: The invocation was given by Captain/Chaplain Tim Stromer, L.A. County Fire Dept. ROLL CALL: Council Members Chang, Huff, O' ConnorMayor Pro Tem Herrera, Mayor Zirbes. Also presentwere: Linda Lowry, City Manager; Mike Jenkins, City Attorney; Jim De Stefano, Deputy City Manager; David Doyle, Deputy City Manager;David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry announced that, within the Agenda packet, Item 6.8b was lacking the attached Resolution. She stated that copies of the Resolution had been providedto Council and staff just priorto the meeting and thatcopies were availableto the public. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presented City Tile to Don Hensley, retired Parks & Maintenance FEBRUARY 3, 2004 PAGE 2 CITY COUNCIL Superintendent. Mr. Hensley was not in attendance. Staff will forward the Tile to him. 1.2 Introduced new employees: Anthony Jordan, Parks and Maintenance Supervisorand Sam Ghaly, Deputy Building Official. BUSINESS OF THE MONTH: 1.3 Presented City Tile to Firestone Tire and Service Center as Businessof the Month, February 2004 and displayed a Business of the Month video. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Clyde Hennessee suggested that voters reject Proposition 56 and support Propositions 57 and 58. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: As listed on the prepared agenda 6. CONSENT CALENDAR: Moved by MPT/Herrera, seconded by C/Huff to approve the Consent Calendarwith C/O' Connorabstaining on Item 6.8. a. and b. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Huff, O' ConnorMPT/Herrera, M/Zi rb es NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Regular Meeting of January 6, 2004 —As submitted. 6.1.2 Regular Meeting of January 20, 2004 —As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES —Regular Meeting of December 23, 2003. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of November 20, 2003. 6.4 APPROVED WARRANT REGISTERS —dated January 22, 2004 and January 29, 2004 in an amount totaling $1,835,086.61. 6.5 RECEIVED & FILED TREASURER' S STATEMENT — month of December 2003. FEBRUARY 3. 2004 PAGE 3 CITY COUNCIL 6.6 APPROVED JOINT USE AGREEMENT WITH DIAMOND BAR LITTLE LEAGUE FOR CITY USE OF LITTLE LEAGUE COMPLEX AND APPROPRIATION OF $20,200 FROM GENERAL FUND RESERVES TO FUND PAYMENT. 6.7 APPROVED INCREASE IN CONTRACT AMOUNT FOR CITY PROSECUTOR SERVICES PROVIDED BY DAPEER, ROSENBLIT & LITVAK, LLP. 6.8 LEGISLATIVE MATTERS —PROPOSITIONS 57 AND 58: (a) ADOPTED RESOLUTION NO. 2004-07 SUPPORTING PROPOSITION 57: THE ECONOMIC RECOVERY BOND ACT —A STATEWIDE INITIATIVE TO HELP RETIRE THE STATE DEBT. (C/O' Connorabstained from voting on this issue). (b) ADOPTED RESOLUTION NO. 2004-08 SUPPORTING PROPOSITION 58: THE CALIFORNIA BALANCED BUDGET ACT. (C/O' Connorabstained from voting on this issue). PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Huff explainedthat Proposition 57 is the $15 billion bond debt restructuring on the March ballot He stated that this is debt that Governor Schwarzenegger inherited and he believed if that is not taken care of, there' sgoing to be very, very significantcuts to all levels of governmentas theytry to balancethe budget, which will impact the City of D.B. Regarding Proposition 58, he explained that the measure proposes to establish a ceiling on expenditures by the Legislature. He emphasized that if the two measures are not approved by the voters, cities will suffer major funding cuts. He said that one of the areas that the City may have to cut will be Public Safety. In addition, the Legislature could raise taxes. He supported the provision in Proposition 56 that would require 25% of excess state revenue, up to 5%of the General Fund spending, to be set aside with restrictions on spendingthe reserve funds. He supported another feature of Prop. 56 requiring salary losses of the Governorand the Legislaturefor every day a budgetis late and requires the Legislature to stay in session until a budgetis passed. However, he said he did not support the provision in Prop. 56 to permit the legislature to raise taxes by a 55% vote rather than the 2/3 vote currently required. C/Chang said he felt that the entire Council basically felt the same as C/Huff regarding Propositions 56, 57 and 58. He felt that approval of the bond measure would bea bettersolution to resolve the problem. He statedthat California needsa FEBRUARY 3, 2004 PAGE 4 CITY COUNCIL fiscally responsible govern mentthat does not spend money it doesn' haveand has a reserve fund as well. Regarding the Diamond Bar Center, he stated that the completion date is scheduled for March 20 and the City will be having a grand opening event. He invited the publicto join the Council and staff that day to celebrate the grand opening. He stated that, becausethe City spenta lotof money on the building, it should be fully utilized and announcedthat he had beenworking to promote the building to different organizations, both non-profit and profit. Regarding Agenda Item 6.7, Mr. Chang explained that the contract increase for Dapeer, Rosenblit& Litvakwas necessaryfor ongoing legal consultationregarding neighborhood improvement. He said that the firm has given the City good advice on preparationof the ordinanceand providingadvice regarding code enforcement. He wanted to thank the entire community for their efforts in keepi ng up their property. He pointed out, however, that there are a few residentsthat don' follow the City' scodes or who cannot afford to maintain their property. He said that, as the neigh borhoodscontinue to improve, the fundingfor the legal agreementshould decrease. C/O' Connorannounced that she had been involved with Girl Scouting for approximately 17 years and encouraged everyoneto purchase Girl Scout cookies thisyear. She stated that, with the grocery store strike, it has already been difficult for the Scouts to market their cookies. MPT/Herrera reported that she is a member of the Youth Master Plan Task Force and stated that she was very impressed with the dedication of the representatives from the two school districts who faithfully attend the meetings. She expressed disappointmentthat there was only one memberfrom the community at the meeting held on Saturday, January315` and she was hopeful that the nextmeeting would be well attended. She expressed excitement in being able to plan activities for the future for the City' syouth as well as other projects the City is working on such as the Parks Master Plan and the Sports Complex Task Force. M/Zirbes stated that, even though the meeting was short, it did not mean that the City Council isn' Working hard for D.B. He agreedwith C/Chang that Neighborhood Improvement Committee has positive I y affected progress in the community andthat D.B. is looking cleaner, brighter and more polished. He said that residents are happy with howtheir neighborhoodslook these days. He further stated that he isa member of the Sports Park Task Force and that committee has been moving forward. He announced thatthe Task Force' sfifth meeting was held last week and discussion centered around smaller scale designsfor land, dependingon whattype of land that the City could acquire and what would sit on that. He further stated that the Task Force also discussed what can be done in the very near future regarding improvements on joint use agreement projects, similar to the joint use agreement just approved with the Little League. He said that the Task Force is looking at the future and trying to determine how we can provide additional opportunities to every residentof D.B. from the kids that are kicking a soccerballto people his age that want to go out and play and walk and have a nice place to go. FEBRUARY 3, 2004 PAGE 5 CITY COUNCIL M/Zirbes further announcedthat Council helda study session earlierin the evening regarding a potential developmentas well as thefuture of the Country Hills Towne Center. He said that the new property owner is currently working with staff about his plans fora facelift for the Center. With regard to placing a grocery store at the Center, he said it appeared as though markets are hesitantto grow and expand in the current economic climate and the grocery strike has contributed to their hesitance. He announced that he had attended the Lunar New Year event with C/Chang at D.B.H.S. and wanted to thank everyone who was there as well as the organizers. He encouraged everyoneto attend a culturalfair on February7`hfrom 11:00to 4:00 at Sycamore Canyon Park hosted by the Council of African American Parents. He said he was pleasedthat D.B. is a very diverse community and that a lot of events occur celebrating the different heritages. He felt that these events provide another opportunity for the community to come together and make new friends. 10. ADJOURNMENT: There beingno furtherbusinessto conduct,M/Zirbesadjourned the meeting at 7:10 p.m. LYNDA BURGESS, CITY CLERK The foregoing minutes are hereby approved this 2nd day of March 2004. BOB ZIRBES, MAYOR AGENDA NO. 6.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JANUARY 8, 2004 CALL TO ORDER: Chairman Morris called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioners Kashyap, Torng and Virginkar. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer, Sharon Gomez, Senior ManagementAnalyst; Debbie Gonzales, Administrative Assistant and Sgt. Chris Blasnek. APPROVAL OF MINUTES: A. Minutes of November 13, 2003. C/Virginkar moved, C/Torng seconded to approve the November 13, 2003 minutes as presented. Motion carried by the following Roll Call vote: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kashyap,Torng, Virginkar, VC/Pincher, Chair/Morris None None COMMISS ION COMMENTS: VC/Pincher wished everyone a Happy New Year. Commissioners Kashyap and Virginkar concurred. IV. PUBLIC COMMENTS: None Offered. V. CONSENT CALENDAR: A. Observation of Traffic Concerns at Golden Springs Drive and Sabana Drive. SE/Alamolhoda presented staff sreport. Staff recommends that the Traffic and Transportation Commission receive public comment and concur with staff to continue to monitor the intersection. Arlene Smith, 415 Camaritas Drive, spoke about the traffic problems at Sabana Drive and Golden Springs Drive . A lot of parents and students leaving Sabana Drive to Lorbeer Middle School or Armstrong Elementary School have a problem turning left onto Golden Springs Drive. The problem January 8, 2003 PAGE 2 T&T COMMISSION is that the people turning left to go up to Mt. Calvary Church and coming down Golden Springs Drive attempting to turn left onto Prospectors Road creates heavy congestion. She is concerned aboutletting her daughterwalk to Lorbeer Middle School because of the situation. She wondered how the City would address the problem. She felt the Foothill Transit bus stop near the intersection on Golden Springs Drive impeded sight visibility. She asked who she should address her concerns to about the billboards on the SR 60 advertising "gentlemenclubs." PWD/Liu responded that the billboards were within the jurisdiction of the City of Industry or Los Angeles County. He said staff would refer Mrs. Smith to the proper party or parties. Chair/Morris felt that letters from residents to the owners of th e billboards might cause some action to be taken. VC/Pincher commended Ms. Smith for speaking out about something that was offensive to her. Community input does make a difference. Chair/Morris asked staff to look at what other cities do in this situation during the monitoring process. During the Caltrans project, it is too convenientfor people to use surface streets. Ultimately, the City should be consistent in its approach to these traffic situations. He suggested residents write to the owners of the billboards. VI110 :1 .�y:%1kyiWtr_1aa A. Traffic Enforcement Update — Report by Sgt. Chris Blasnek - Received and filed on the following items: 1. Citations: October and November 2003 2. Collisions: October and November 2003 Sgt. Blasnek reported that Collisions decreased by about 25 percent. There were four injury collisions in November 2003, an all time low. He felt it could be due to enforcement and increased officer presentation on the streets. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer January 8, 2003 PAGE 3 T&T COMMISSION Sgt. Blasnek said he personally respondsto complaints to view the area and determine whether there is credibility to the complaint. The radar trailer is deployed directly in relationship to those legitimate complaints. Chair/Morris commended Sgt. Blasnek on his representation in the field. Sgt. Blasnek felt that the failure to yield to approaching cars when making left turns and failure to clear the roadway prior to pulling out of side street, alleyway or residential driveway. Most hazardous citations, that are not radarrelated, are basically failure to yield. Chair/Morris requested Sgt. Blasnekto provide education on the cable channel regarding failure to yield. Sgt. Blasnek responded to CNirginkar that the department depends on the volunteers on patrol for deploymentofthe radartrailer. C/Kashyap congratulated Sgt. Blasnek on his report and the department' sincreased presencein the community. VII. OLD BUSINESS: None 1y11IMZ14YA*IR--i1ZI IX. STATUS OF PREVIOUS ACTION ITEMS PWD/Liu reported that atthe November 18 2003 meeting, the City Council approvedthe Traffic & Transportation Commission' s recommendation to install mult-way stop signs on Bower Cascade Place at Acolito Place. At the December 2, 2003 City Council meeting, staff presented the improvement alternatives and plans for the Grand Avenue Beautification Project. On December 16 2003, Council directed staff to continue the Earlgate Street/Lemon Avenue red curb matter for 90 days to give the property owner additional time to investigate expansion opportunities. Further, for the January 20, 2004 City Council Meeting, staff has scheduled the award of construction contracts for traffic signal improvements on Golden Springs Drive at Adel Avenue and at High Knob Road. �rr:ILYARNa:16]LTA Kole] LYdLYd&1�101ZI=1:&I CNirginkar referred to a Moneymagazine article "The Hottest Towns to Live in the United States." Diamond Bar is listed as one of the 87 towns selected. Chino Hills was also listed. January 8, 2003 PAGE 4 T&T COMMISSION Chair/Morris pointed out that a year ago Diamond Ranch High School was chosen by New Yorkermagazine as the "coolest'high school in America. C/Kashyap was asked by several of his neighbors at the south end of Diamond Bar at Brea Canyon Road and Copper Canyon Drive if a "KE EP CLEAR " pavement marking could be installed to mitigate evening traffic allowing drivers to easily access Copper Canyon Drive from Brea Canyon Road. CNirginkar agreed with C/Kashyap. VC/Pincher felt that the signalization coordination greatly enhanced traffic movement throughoutthe City. She wondered ifthe signal coordination would have helped to improve accident and citation statistics. In addition, she felt that the Diamond Bar High School staggered times had greatly improved traffic flow at the school site. C/Torng asked if staff could report on the status of the Diamond Bar High School circulation. He commended Sgt. Blasnek for his community outreach. He invited the Commissioners, staff and Sheriff sDepartment to join in the Saturday, January 31 Diamond Bar Chinese Lunar New Year celebration at Diamond Bar High School from 9:30 a.m. to 12:30 p.m. Chair/Morris noticed that the delay on Carpio Drive entering Golden Springs Drive is much longer and is inhibiting the flow of the fire department vehicles. He asked staff to investigate the matter and report to the Commission at its February meeting. The construction on the signal at Golden Springs Drive and Ballena Drive appears to have subsided and the debris looks tacky. He asked staff to investigate trash haulers because they appear to be dragging equipment and gouging the pavement that was recently resurfaced. He asked staff to see what could be done to mitigate this situation. XI. INFORMATIONAL ITEMS: Staff reported on the following items A. Caltrans 57/60 Interchange Improvements SE/Alamolhoda reported that the next community meeting is scheduled for January 14 at 6:00 p.m. B. Speed Hump Update C/Torng asked if Longview Drive could be added to the list of streets for consideration due to the many inquirieshe had received. January 8, 2003 PAGE 5 T&T COMMISSION 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 8:28 p.m. Respectfully, David G. Liu, Secretary Attest: Chairman Roland Morris AGENDA #6.3 NOTICE REGARDING THE WARRANT REGISTER Please note that the Warrant Register has not been included in the electronic versions of the City Council Agenda Packets on the City's Web Site because severe formatting errors occur when attempting to convert this material. If you are interested in receiving a copy of the Warrant Register, please contact the City Clerk's office at 909 -839-7000 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. Agenda # 6.4 Meeting Date: Mar. 02, 2004 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer'sStatement — Jan uary31, 2004 RECOMMENDATION: Approve the January 2004, Treasurer' sStatement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer' sStatement for the City Council' sreview and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balancesand the effective yield earned from investments. PREPARED BY: Susan Full, Accountant ll Department Head Deputy City Manager Agenda # 6.5.1 Meeting Date: March 2, 2004 CITY COUNCIL 0.%/ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim for Damages — Adan Tellez RECOMMENDATION: Carol Warren & Co., the City' sclaims administrator, recommends the City Council reject the claim filed by Adan Tellez on January30, 2004. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim is in the amount of $995.99 plus tax. BACKGROUND: At approximately 7:45 p.m. on January 29, 2004, Mr. Tellezwas traveling northbound on Brea Canyon Road north of Tonner Canyon Road. In his claim, he indicated that he had hit an open manhole and that there were no signs posted indicatingthat construction was being accomplished in the area. He claimed that his tire was damaged and his tire rim was broken by hitting the hole. The City' sclaims administrator made a careful examination of the circumstances surroundingthe occurrence and has concludedthat the City of Diamond Bar is not responsible. Further, the claims administrator indicatedthat the location of the manhole is within the City of Brea. Therefore, the administrator has recommended that the City of Diamond Bar reject the claim. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: Deputy City Manager Agenda # 6.5.2 Meeting Date: March 2, 2004 CITY COUNCIL 0.%/ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim for Damages — Denyse Shearer RECOMMENDATION: Carol Warren & Co., the City' sclaims administrator, recommends the City Council reject the claim filed by Denyse Sheareron February6, 2004. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim is in the amount of $100. BACKGROUND: At approximately 4:00 p.m. on January29, 2004, Ms. Shearerwas traveling northboundon Brea Canyon Road north of Lycoming. In herclaim, she indicatedthat she had hit debris left behind from an earlier automobile accident. She claimed that her left rear tire was punctured by the debris. The City' sclaims administrator made a careful examination of the circumstances surroundingthe occurrence and has concludedthat it is cost prohibitive and impractical to expect City crews to anticipate every possible condition that may cause damage. Normally, these types of damages are covered by the driver' sautomobile insurance;therefore, the claims administrator has recommended that the City of Diamond Bar reject the claim. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: Deputy City Manager Agenda # 6.7 Meeting Date: March 3. 2004 CITY COUNCIL \'' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AMENDMENTS TO HOME IMPROVEMENT PROGRAM Pertaining to 1.) Funding for landscaping improvements located on side or rear yard areas adjacent to public rights-of- way and; 2.) Funding for previously unforeseen health and safety concerns. Nx010]kyihyd:11Z117Lr9WZF Approve the Amendments BACKGROUND: On December 3, 2002, the City Council approved the establishmentof a Home Improvement Program (HIP). The HIP is designedto augment ongoing neighborhood improvement activities by assisting low and moderate -income homeownerswith funding for home improvements. Funding for implementation of the Home Improvement Program comes from the City' sannual Community Development Block Grant (CDBG) allocation. These funds are specifically targeted to benefitlow- and moderate- income householdsand to eliminate slums and blight. The purpose of the HIP is to: Preserve and enhance single-family residential neighborhoods; Provide grants and loansto eligible homeowners of single family detached dwellingsfor the preservation of safe, decent and sanitary housing; Correct hazardousstructural conditions; Construct modifications necessaryfor handicappedaccess to the dwelling; Improve the overall exterior appearance of the home; Eliminate the appearanceof blight; and, ? Correct exterior code violations through the issuance of grants and loans Under the program, grants and loans are offered toeIigibleIow- and moderate- income owner occupied single-family householdsto cover the cost of housing repairs in accordancewith the criteria outlinedwithin the adopted program. The eligible improvements will depend on the type of program utilized for assistance. To date, the City has completed five home improvement projects. Four projects are currently under construction with three additional projects in a pre -construction processing phase. The City Council approved amendments to the City Development Code, effective January 2004, pertaining to slope maintenance standards. The adopted slope maintenance standards require a new standard of achievementfor the maintenance and improvement of slopes located adjacent to public rights-of-way. The Council expressed concerns over the potential costs to lower income property owners and requested the creation of a funding source to assist such homeowners. 071Yd111;*4WZF Staff has developed two amendments to the HIP for Council approval. Amendment No.1 A proposal to amend Section IV - ELIGIBLE / INELIGIBLE IMPROVEMENTS found on page 8 of the HIP Procedureswith a new Subsection addressing City Council direction to assist low and moderate -income propertyowners with slope Iandscaping.The modification is proposedto read as follows: "B. Eligible Improvements 12. Rear or Side -Yard Slope Landscaping: The replacement of dead sod, trees, shrubs and ground cover (other than sod) is permitted on rear and side -yard slopes having an incline of at least 10:1. The subject yard areas must be adjacent to or visible from public rights-of-way. The scope and nature of the permitted slope landscaping will be only that necessary to meet minimum municipal code requirements provided that the cost for such improvements does not exceed a grant amount of $500." Amendment No. 2 A proposal to amend Section VII — PROGRAM AMENDMENT PROCEDURES as described on page 13 of the HIP Procedureswith a new subsection outlining new procedure for emergency funding necessaryto address previously unforeseen health and safety issues. The modification is proposed to read as follows: "B. Emergency Funding Modification. Diamond Bar HIP Guidelines February 18, 2004 1. After the rehabi I itati on construction work has commenced and the contractor discovers health and safety problems, as defined by the Cal iforni a Bui I ding Codes, that were not included in the initial Scope of Work the following procedures shall be implemented: a. The property owner may request that the Deferred Loan be increased to cover the cost of the correction of health and safety issues only; and b. The contractor shall prepare a Change Order Request specifying the scope, nature and cost of the work necessary to correct the unforeseen health and safety issues; c. The Change Order shall be submitted to the property owner for review and written approval; d. After the property owner approves the Change Order it shall be submitted to the City Project Coordinator for review; e. The City Project Coordinator must review the original Scope of Work to determine if it can be modified in order to provide the funds necessary to cover the cost of the remediation of the newly discovered health and safety issues; f. If in the judgment of the City Project Coordinator the newly identified health and safety issues are critical to maintaining the habitability of the subject residence and the original Scope of Work cannot be adequately modified to produce the funds needed to cover the cost of the expanded scope of work, a recommendation to increase the amount of the Deferred Loan may be made to the City' sHome Improvement Screening Committee. 2. The Home Improvement Screening Committee shall review all of the facts relatingto the property owner' srequest for an increase in the amount of the Deferred Loan. If in the judgment of the Screening Committee an increase in the Deferred Loan is warranted, it may recommend to the City Manager that the maximum amount of the Deferred Loan be increased by not more than $5,000 provided that it finds that all of the following circumstances apply: a. Additional, CDBG eligiblework is essential to return the subject rehabilitated residence to a habitable condition and the original Scope of Work cannot be modified to provide the funds needed to pay for the cost of the newly identified health and safety issues; and b. The property owner has or is willing to execute the necessary documents to increase the amount of the Deferred Loan; and c. The required additional work is the result of unforeseen circumstances not apparent during the preparation of the initial Scope of Work; and Diamond Bar HIP Guidelines February 18, 2004 d. The required additional work is necessary to address health and safety issues; and e. The property owner has provided written acknowledgement that he or she shall assume the responsibility to pay for the cost of work that exceeds the amount of rehabilitation assistance provided bythe City. 3. The City Manager may approve, modify or deny the Screening Committee' s recommendation. The maximum allowable increase in the Deferred Loan is $5,000." James De Stefano Deputy City Manager Attachment: Home Improvement Program (with proposed Policy modifications) Diamond Bar HIP Guidelines February 18, 2004 CITY OF DIAMOND BAR HOME IMPROVEMENT PROGRAM CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES 21825 EAST C OPLEY DRIVE DIAMOND BAR, CA 91765 I. OVERVIEW OF PROGRAM A. Purpose and Goal The purpose of the City of Diamond Bar Home Improvement Program is to preserve and enhance single family residential neighborhoods throughout the City; to provide grants and loans to eligible homeowners of single family detached dwellings for the preservation of safe, decent and sanitary housing; to correct hazardous structural conditions; to make modifications necessary to provide handicapped access to the dwelling; to improve the overall exterior appearance of the home; to eliminate an appearance of blight; and to correct exterior code violations through the grants and loans. The eligible improvements will depend on the type of program that is utilized for assistance. B. Objective The objective of the Home Improvement Program is to provide grants and loans to assist eligible low- and moderate- income residential owner/occupants in maintaining the City s existing residential neighborhoods through home rehabilitation C. Programs Grants and Loans shall be provided to eligible low -and moderate- income households of owner occupied single-family detached homes to cover the cost of housing repairs in accordance with the criteria outlined within this program. D. Source of Funds The source of funds for implementation of the Home Improvement Program is the Community Development Commission (CDC) of the County of Los Angeles through a sub -contract with the City of Diamond Bar. The CDC acts as an agent for and receives Community Development Block Grant (CDBG) funds made available bythe U.S. Department of Housing and Urban Development (HUD). These funds are specifically targeted to benefit low -and moderate- income households and eliminateslums and blight. The City of Diamond Bar desires to make these funds available to qualified residents by marketing the program; processing and packaging all applications; and perform all on-site inspections. The City is obligated to follow and fulfill the terms and conditions of its contract with the CDC, established CDC policies and procedures and Federal and local rules and regulations. This document establishes City Council policy and procedures for the Home Improvement Program. II. HOME IMPROVEMENT PROGRAMS Eligible homeowners may utilize assistance under the grant, emergency grant, and deferred loan programs. Repeat assistance will be allowed for loans once every ten (10) years provided that the balance of all outstanding loans may not exceed $25,000. Grants are available on a one-time only basis. The City will offer the following home improvement programs to assist low- and moderate -income households with necessary improvements to their residences. Participation in the Home Improvement Program is subject to the additional requirements described in Sections 11 through V of this policy. A. Grant Program Target Income Group: ?? 80 % of area median family income (MFI) Maximum Amount: $5,000 Project Location: Citywide Fees: None Availability. Owner occupied Single -Family Properties - One time only per household per address El i gi bl e I mprovements Correction of hazardou s structural conditions; modifications necessary to provide handicapped accessibility to the dwelling; improvements to the overall exterior appearance of the home; elimination of an appearance of blight; correction of exterior code violations. Priority will be given to exterior improvements that are visible from any public right-of-way. B. Emergency Grant Program An emergency grant is designed to assist households who are faced with unexpected repairs to their residence which are of a critically urgent nature and pose an immediate threat to the household' shealth and safety. Target Income Group: ? 80% of area median income Maximum Amount: $2,000 Project Location: Citywide Fees: None Availability: Unlimited per special requirements Special Requirements: May only be used to address existing zoning/ building code violations, structural conditions that require immediate attention to prevent future damage to the property, and/or conditions that threaten the health and safety of the unit' s occupants after homeowner has exhausted all other available forms of eligible assistance. Funds may be used to repair approved interior emergency items. 7 C. Deferred Loan Program Target Income Group: 80% of area median income Maximum Loan: $10,000 Project Location: Citywide Security: Recorded Trust Deed / Promissory Note Loan Rate and Term: 0% interest /Deferred loan payable upon sale, transfer of title or refinancing of any loan in prior position to that of the City. Fees: All Fees associated with the loan such as PIRT Policy and recordation fees shall be added to loan principal. Availability. Owner occupied Single -Family Properties -Repeat assistance may be allowed for loans once every ten (10) years provided that the balance of all outstanding loans may not exceed $25,000. Special Requirements: Home Improvement Program loans must be recorded against the property in second position or higher. Exceptions will be reviewed on a case by case basis. Eligible Improvements Correction of hazardous structural conditions; modifications necessary to provide handicapped accessibility to the dwelling; improvements to the overall exterior appearance of the home; elimination of an appearance of blight; correction of exterior code violations. Priority will be given to exterior improvements that are visible from any public right-of-way. III. ELIGIBILITY CRITERIA A. Homeowner Eligibility Requirements 1. Household Income Adjusted Gross annual household income may not exceed 80% of the Los Angeles County median income adjusted for family size as provided by the U.S. Department of Housing and Urban Development (HUD). The City will require documentation of both household size and household income information in orderto determine applicant eligibility. a. Definition of Household: For the purposes of determining Program eligibility, "household" means a person or persons occupying a housing unit as the principal place of residence. b. Definition of Annual Income: For the purposes of determining Program eligibility, annual income will include: • Adjusted gross income; • Cash income received from such sources as rents, Social Security benefits, pensions, and periodic income from insurance policy annuities; • Periodic cash benefits from public assistance and other compensation, including AFDC, SSI, Worker' s Compensation, State Disability Insurance and unemployment benefits; and • Interest earned on savings and investments. • Payments designated specifically for foster children or their non -disposable income. Annual Income does not include: • Non-cash income such as food stamps or vouchers received for the purpose of food or housing; • Capital gains or losses; • One time unearned income such as scholarships and fellowship grants, accident, health or casualty insurance proceeds, prizes or gifts, inheritances; and • Payments designated specifically for medical or other costs. The City will make the final decision in situations where the classification of income is disputed. 2. Ownership of Real Property Other Than Primary Residence Ownership of rental property or other real estate holdings other than the owner' s primary residence is prohibited and will result in the rejection of an application for assistance. 9 B. Property Eligibility Requirements In accordance with the requirements of Section II.A. above, following determination of homeowner eligibility, the owner must demonstrate property eligibility. To be eligible to receive Program assistance, real property will be evaluated and must meet each of the requirements set forth below: Location and Type of Property The property must be a detached single-family residence located within the city limits of the City of Diamond Bar. 2. Condition The property must be in need of exterior repairs to (i) correct existing nonconforming development standards, (ii) correct existing nonconforming local and/or state code requirements, (iii)correct existing local and/or state code violations, (iv) protect the structural integrity of the property, (v) promote neighborhood preservation and /or safety, (vi) refurbish exterior and/or eligible interior improvements (necessary for health and safety), or (vii) aid the mobility of the physically disabled and/or elderly. All repairs must qualify as eligible repairs as defined in Section III. Note: Existing City code violations visible from a public right- of-way may be resolved using Home Improvement Program funds. Any non eligible code violation must be resolved by the homeowner through the City' s normal procedures. 3. Ownership and Owner -Occupancy Requirements The income eligible homeowner(s) must hold record fee simple title to the property, and must occupy the property as a principal residence. The City will not approve homeowners listing their home for sale. 4. Eq uity The total indebtedness of all recorded liens, including the City' sHome Improvement Program loan, may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation. For the purposes of this calculation, encumbrances must include the proposed principal amount of the Program loan requested by the eligible owner. 5. Hazard Insurance All properties must be insured with an all-risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Further more, all properties located within the 100 -year floodplain that receive assistance under the Program must maintain flood insurance in the amount of the improvements for the term of the loan. 6. Property/Income Tax Delinquency or Liens All property taxes and assessments must be paid current, and the property must not have any recorded property or income tax liens. 7. Outstanding Judaments and Obligations All outstanding mortgages recorded against the subject property must be current. Furthermore, outstanding tax liens, mechanics liens and/or judgments recorded against the 10 property to be rehabilitated must be paid prior to participating in the program unless waived by the Home Improvement Screening Committee. IV. ELIGIBLE/INELIGI BLE IMPROVEMENTS A. Order of Priorities for Eligible Improvements The following order of priorities will apply to all eligible improvements made under the Home Improvement Program. All improvements listed within any given priority category must be addressed prior to the inclusion of items identified as having a lower priority. Mandatory improvements including those needed to alleviate conditions that present an immediate threat to the health and safety of the property s occupants and those needed to correct existing building, zoning and public nuisance code violations. 2. General property exterior improvements needed to repair or replace broken, damaged and/or deteriorated items. 3. Lead based paint improvements as required by the U.S. Department of Housing and Urban Development. B. Eligible Improvements All eligible improvements must be physically attached to the property and be permanent in nature. In order to be eligible for Program assistance, the City' sDeputy City Manager, Building Official, or designee, following an inspection of the property in accordance with Program requirements, must approve proposed improvements. All rehabilitation work must be completed by qualified, licensed, and insured contractors selected in accordance with Program procedures. The Home Improvement Program is designed to provide for the repair, and if necessary, the replacement of damaged, deteriorated or failing items on an eligible property. In the event that the replacement of damaged, deteriorated or failing items is necessary, the replacement items shall be standard grade material. Luxury quality items will not be used in making necessary repairs. The program is not designed to provide for the upgrade of single -family homes. Some eligible improvements are subject to material allowances. A description of all applicable cost allowances will be provided to the applicant if requested. A listing and description of all eligible improvements, including itemspecific restrictions (if applicable) is provided below: Abatement of Code Violations: All work including but not limited to demolition, construction, rehabilitation, replacement, and installation needed to abate violations of the City codes. 2. Accessibility Modifications: All modifications, alterations, or additions necessary to facilitate access and use of the home by disabled persons are permitted. These may include the installation of handicap ramps, grab bars, and accessible shower enclosures; the modification of doorways, hallways, and countertop elevations; and other adaptive measures. 12 3. Deadbolt locks: Installation of deadbolt locks is required on all entry doors. 4. DoorsMIndows: Repair and replacement of worn or damaged exterior doors or windows is permitted with those of similar type and/or quality. Enlargement of door/window openings is permitted only where the existing door/window area is non-compliant with current building codes, and only to the extent needed to achieve building code compliance. 5. Driveways/Walkways: Repair or replacement of damaged or deteriorated driveways and walkways. Driveways and walkways may only be replaced with broom -finished concrete. The use of decorative stone or brick is not permitted. 6. Electrical: Repair and upgrading of electrical system, if required under National Electrical Code, including service panels, wiring, outlets, and switches. Replacement of fixtures and installation of security lighting is eligiblesubject to a $40.00 per fixture cost allowance. 7. Energy conservation: Installation or replacement of insulati on, weather stripping, water heater blankets, and attic ventilators. Installation of energy efficient doors and windows is allowable provided that the conditions outlined under Doors/Windows are met. 8. Fencing/Block Walls: Repair or replacement of existi ng fencing or block walls (in kind) is eligiblewhere the wall is constructed adjacent to a public right-of-way. Chain link fences may however, be replaced with a wood (cedar or redwood) fence. For properties with pools, the repair or installation of fences, gates and safety hardware/devices as needed to comply with Uniform Building Code requirements is permitted. 9. Garage Doors: The repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs is eligible. 10. HVAC Systems: Repair or replacement of failed, failing, damaged or inoperative HVAC system components included furnaces, air conditioning compressors, forced air units, heat pumps, ducts and vents are permitted. The installation of new air conditioning equipment is not permitted except in cases where medically necessary as prescribed by a doctor. 11. Front Yard Landscaping: The replacement of dead sod is permitted to the extent necessary to meet minimum municipal code requirements. The planting of replacement trees, shrubs, ground covers (other than sod), hard landscaping, and permanent planter boxes is permitted. All sod replacements must include the installation of an automated irrigation system. 12. Rear or Side -Yard Slope Landscaping.- Th e replacement of dead sod, trees, shrubs and ground cover (other than sod) is permitted on rear and side -yard slopes having an incline of at least 10:1. The subject yard areas must be adjacent to or visible from public rights-of-way. The scope and nature of the permitted slope landscaping will be only that necessary to meet minimum municipal code requirements provided that the cost for such improvements does not exceed a grant amount of $500. 13. Overgrown/Dead Vegetation: The trimming of overgrown vegetation and the removal of dead vegetation or living vegetation whose root system is causing structural damage are permitted. Dead vegetation, other than sod, that is removed may not be replaced. 14. Painting (exterior): Exterior painting is eligible and must be undertaken if the current condition represents a violation of the City Code as determined by the City' sNeighborhood 13 Improvement Officer. All painting must comply with the Lead Based Paint requirements of the U.S. Department of Housing and Urban Development. 15. Termite/Pest Control: Eradication of insect infestations and repairs to improvements damaged by insect infestation is permitted. 16. Plastering, siding, and stucco: Repairs (e.g. patching, filling or localized replacement) to damaged plaster, stucco or siding is permitted. 17. Plumbing/Sewer Pipes and Fixtures: Repair or replacement of leaking or damaged water/sewer pipes and fixtures (including toilets, bathtubs, shower enclosures, faucets and garbage disposals) to the extent necessary to complete rehabilitation, not customization. 18. Property Clean-up: Removal of overgrown vegetation and debris and trash located on the property' s front, side and rear yards is permitted. Removal of excessive debris and trash from the inside of the home is permitted only where the homeowner(s) is/are physically incapable of completing such work. 19. Roofing: Complete repair or replacement of deteriorated or damaged roofing is permitted. Materials of the same type and quality as the existing roof must be used (i.e. composition shingle must be replaced by composition shingle) except where 1) different roofing materials are needed to match the type and quality of roofs found on a majority of homes in the immediate neighborhood, or 2) if the existing roof is made of wood shake in which case a tile roof may be installed. Roof replacements that require an engineering survey or engineered structural modifications are not permitted. 20. Smoke Detectors: Smoke detectors must be installed throughout the home as required under the Uniform Fire Code. 21. Structural Repairs/Modifications: Structural repairs/modifications are permitted to the extent that such repairs/modifications 1) correct existing structural deficiencies as defined by the Uniform Building Code; and/or 2) provide accessibility to disabled persons. 22. Water Heaters: Repair or replacement of deteriorated or inoperable water heaters including the repair or installation of enclosures, insulation blankets, earthquake strapping and/or pressure release valves is permitted. C. Ineligible Improvements Ineligible improvements include, without limitation, improvements that are 1) accessory uses including but not limited to greenhouses, patio covers, barbecue pits and outdoor fireplaces, bathhouses, swimming pools, saunas and hot tubs, valances, cornice boards, drapes, blinds, and indoor or outdoor furnishings; 2) any improvements not approved by the City. 14 V. ELIGIBLE/INELIGI BLE COSTS A Eligible Costs. Home Improvement Program proceeds may only be used for the actual reasonable costs of materials and services necessary to complete all rehabilitation work approved by the City as set forth in the Authorized Bid List as follows: 1. Building permits and inspection and other related fees necessary for the completion of the approved rehabilitation work; 2. Costs of loan processing, including without limitation, credit reports, property appraisals, and if necessary, preliminarytitle reports and recording fees; and 3. Costs of temporary relocation in connection with the rehabilitation work if required by local, state and federal laws, regulations, and/or policy. B. Ineligible Costs. Specific costs not eligible for payment under the Home Improvement Program include, but are not limitedto the following: 1. Materials, fixtures, or equipment of a type or quality that exceeds that customarily used in properties of the same general use as the property to be rehabilitated; 2. Purchase, installation or repair of interioror exterior home furnishings; 3. Compensation/rei mbursement of owner' s personal labor; and 4. Compensation/reimbursement for ineligible improvements or any work not included and authorized in the Authorized Bid List or subsequent approved change orders. 5. Any repair work not listed as eligible in this Program and any work contractually entered into prior to approval by the City. ILI VI. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE A. Maintenance/Occupancy Requirements Assisted properties shall be maintained in compliance with all City of Diamond Bar Municipal Codes and ordinances. Assisted properties shall maintain occupancy not to exceed the maximum occupancy limits as established by the U.S. Department of Housing and Urban Development (HUD). Property owners shall not permit criminal activities to occur on the property or permit property improvements to suffer deterioration or decline, or maintain, cause to be maintained, or permitto be maintained any public or private nuisance on or about the property. B. Hazard Insurance Property owners receiving Program loan assistance shall maintain, throughout the term of the loan, an all-risk property insurance policy, including flood insurance if the property is located in a flood zone, insuring the property in an amount equal to the full replacement value of the structures on the property. The insurance policy or policies shall name the City of Diamond Bar as an additionally insured/loss payee. C. Nondiscriminatio n There shall be no discrimination against or segregation of any person or group of persons in accordance with Executive Order 11246, Title Vl of the Civil Rights Act of 1964, Section 109, Title I of the Housing and Community Development Act of 1974, Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in the selection of contractor s or subcontractors to complete the rehabilitation work financed with Program assistance, or in the sale, leasing, transferring, use, occupancy, tenure, or enjoyment of assisted properties. D. Compliance with Program Policies and Procedures Throughout the applicable term of Program assistance, Program participants shall comply with all Program requirements and procedures as set forth in these Policies and Procedures, and as required by the City and as set forth in Grant and Loan agreements and related attachments. 16 VII. PROGRAM AMENDMENT PROCEDURES A. B. Amendment - Program Procedures . The Diamond Bar City Council must approve all amendments to these Home Improvement Program Procedures. Emergency Funding Modification . 1. After the rehabilitation construction work has commenced and the contractor discovers health and safety problems, as defined by the California Building Codes, that were not included in the initial Scope of Work the following procedures shall be implemented: a. The property owner may request that the Deferred Loan be increased to cover the cost of the correction of health and safety issues only; and b. The contractor shall prepare a Change Order Request specifying the scope, nature and cost of the work necessary to correct the unforeseen health and safety issues. c. The Change Order shall be submitted to the property owner for review and written approval. d. After the property owner approves the Change Order it shall be submitted to the Project Coordinator for review. e The City Project Coordinator must review the original Scope of Work to determine if it can be modified in order to provide the funds necessary to cover the cost of the remediation of the newly discovered health and safety issues. f. If in the judgment of the City Project Coordinator the newly identified health and safety issues are critical to maintaining the habitability of the subject residence and the original Scope of Work cannot be adequately modified to produce the funds needed to cover the cost of the expanded scope of work a recommen dation to increase the amount of the Deferred Loan may be made to the City 'sHome Improvement Screening Committee. 2. The Home Improvement Screening Committee shall review all of the facts relating to the property owner 's request for an increase in the amount of the Deferred Loan. If in the judgment of the Screening Committee an increase in the Deferred Loan is warranted, it may recommend to the City Manager that the maximum amount of the Deferred Loan be increased by not more than $5,000 provided that it finds that all of the following circumstances apply: a. Additional, CDBG eligible work is essential to return the subject rehabilitated residence to a habitable condition and the original Scope of Work cannot be modified to provide the funds needed to pay for the cost of the newly identified health and safety issues; and b. The property owner has or is willing to execute the necessary documents to increase the amount of the Deferred Loan; and c. The required additional work is the result of unforeseen circumstanc es not apparent during the preparation of the initial Scope of Work; and d. The required additional work is required to address health and safety issues; and 17 e. The property owner has provided written acknowledgement that he or she shall assume the responsibility to pay for the cost of work that exceeds the amount of rehabilitatio n assistance provided by the City. 3. The City Manager may approve, mods or deny the Screening Committee's recommendation. The maximum allowable increase in the Deferred Loan is $5, 00 0. 18 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.7 Meeting Date: 03-02-04 AGENDA REPORT TITLE: APPROVAL OF CONTRACT AMENDMENT #2 WITH TRUGREEN LANDCARE TO INCREASE THE AMOUNT OF ADDITIONAL WORK FOR THE CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT BY $106,000 FOR ATOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $156,000. RECOMMENDATION: Approve Contract Amendment. FINANCIAL IMPACT: The $106,000 funding for this contract amendment is included in the Diamond Bar Center project budge t, already included in the current 2003/04 FY Budget. BACKGROUND : TruGreen Landcare is the landscape maintenance contractor for Summit Ridge Park and for the medians on Grand Avenue in front of Summit Ridge Park. Due to the work to construct the Diamond Bar Center and the access road to the center, the landscaping along the perimeter of Summit Ridge Park and in the medians in front of the park has either deteriorated or has been removed. TruGreen Landcare can quickly improve the landscaping in these areas under the terms of its existing contract, pending weather conditions. The goal is to have the landscaping in the front of the park and the medians completed prior to the grand opening of the Diamond Bar Center on March 20. DISCUSSION : The current City-wide Landscape Maintenance contract with TruGreen Landcare allows for up to $50,000 of additional work during this fiscal year. Staff expects this amount to be utilized completing a variety of necessary work throughout the City at the parks and Landsca pe Maintenance Districts #38, 39 & 41. Typical additional work at these locations includes modification to existing landscaping/ irrigation systems, repairs necessary due to vandalism, seasonal specialty work, turf renovation and seasonal planting of color. The work that is needed at Summit Ridge Park and in the medians is: 1. Installation of Irrigation System, Landscaping and River Rock on Medians $43,000 2. Landscaping of slope on east and north side of Diamond Bar Center project $40,000 3.90 day Maintenance period for new landscaping $3,000 4. Installation of replacement hedge shrubs along top of slope on Grand Ave. $3,500 5. Installation of 3,100 sf of sod in front of Summit Ridge Park $3,500 6. Clean -up of slope and planting of 400 Flats of Myoporum Pacifica along Summit Ridge Drive $13,000 TOTAL: $106,000 All funds required for this additional work are already included in the 2003/04 FY budge t. City Council approval is required for any increase in spending for contracts that have a total annual value of over $25,000. ATTACHMENT; Contract Amendment #2 dated March 2, 2004 Contract Amendment #1 dated June 17, 2003 Minutes of June 17, 2003 City Council Meeting showing approval of contract with TruGreen Landcare. REVIEWED BY; Bob Rose James DeStefano Community Services Director Deputy City Manager AMENDMENT #2 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 2nd day of March, 2004 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California CCITY")indTRUGREEN LANDCARE, ["CONTRACTOR") Recitals; a. The CITY extended its City -Wide Landsc ape Maintenance Contract with CONTRACTOR for the period of July 1, 2003 through June 30, 2004 on June 17, 2003. b. The contract allows staff to authorize necessary additional work in an amount not to exceed $50,000 for a total contract amount of $246,118.59 for the 2003/04 Fiscal Year. C. Parties desire to amend the contract to authorize an additional $106,000 of work for a total contract amount of $352,118.59 for the 2003/04 Fiscal Year. Now, therefore, the parties agree to amend the AGREEMENT as follows; Section 1— Contract Amendment shall include the following work; 1. Installation of irrigation system, landscaping and river rock on medians 2. Landscaping of slope on east and north side of Diamond Bar Center project 3. 90 day maintenance period for new landscaping 4. Installation of replacement hedge shrubs along top of slope on Grand Avenue 5. Installation of 3,100 sf of sod in front of Summit Ridge Park 6. Clean -up of slope and planting of 400 flatsof Myoporum Pacifica along Summit Ridge Drive Except as provided above, the AGREEMENT is in all other respects in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST; CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Bob Zirbes Mayor APPROVED TO FORM City Attorney TRUGREEN LANDCARE Contractor Signed Title Lynda Burgess, City Clerk Agenda # R_ 1.1 and R_ 1.2 Meeting Date March 2. 04 CITY COUNCIL \` AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: COMMUNITY FOUNDATION MEMBERSHIP RECOMMENDATION: It is recommended that the City Council accept the resignation of Foundation Board Member Chery Cooper and consider re -appointment Foundation Board Member Gurbax "Rai'Marwah. BACKGROUND: On February 25, 2004, City staff received a resignation letter transmitted by Chery Cooper. Ms. Cooper was appointed to the Foundation Board for a two -year term on March 4, 2003. This resignation leaves a seat to be filled for the remainder of the term, i.e., until February 28, 2005. The Bylaws of the Community Foundation provide that half of the Board of Directors' terms expire annually each February. One of the positions that expired on February 29, 2004 is the seat occupied by Gurbax " Rai"Marwah. Mr. Marwah has indicated that he is interested in being re -appointed with a term expiration date of February 2006. DISCUSSION: All vacancies were advertised in the Inland Valley Daily Bulletin and the Tribune; posted atthree locations throughout the City, broadcast on the City's website and on the City's Public Access Channel, Channel 3. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: Lynda Burgess, City Clerk Attachment (1) David Doyle, Deputy City Manager