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HomeMy WebLinkAbout4/6/2004THIS 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. [D] STUDY SESSION: CITY OF DIAMOND BAR CITY COUNCIL AGENDA APRIL 6, 2004 5:00 p.m., CC -8 Mid -Year Budget Adjustment Next Resolution No. 2004- Discussion of Monument Entry Sign for Dispiay of Lommunity Service Organization Emblems Discussion of Revision to Policies and Fees for Use of Diamond Bar Center Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Captain/Chaplain Larry Burke Los Angeles County Fire Department ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera, Mayor Zirbes APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentations to Commander Alex Yim, outgoing Captain of the Diamond Bar/Walnut Sheriff Station. 1.2 Introduction of Michael Kwan, Captain, Diamond Bar/Walnut Sheriff Station. 1.3 Proclamations: 1.3.1 April 2004 as "Fair Housing Month." 1.3.2 April 2004 as "Child Abuse Prevention Month." 1.3.3 April 2004 as "Sexual Assault Awareness Month." APRIL 6, 2004 PAGE 2 1.3.4 April 2004 as "Healthy Parks Month." 1.4 Introduction of Kimberly Molina, Assistant Engineer. 1.5 Introduction of Miss Diamond Bar 2003 and her Court and Miss Diamond Bar 2004 and her Court BUSINESS OF THE MONTH: 1.6 Presentation of City Tile to Oscar Romero, Manager, Acapulco Mexican Restaurant, as Business of the Month, April 2004 and display of Business of the Month video. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Keith Lehto, Los Angeles County Department of Public Works, regarding proposed sewer rate increase. 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 voluntarv). There is a five-minute maximum time limi 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 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — April 8, 2004 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 Copley Dr. 5.2 PARKS AND RECREATION COMMISSION SPECIAL MEETING (CIP Projects) — April 8, 2004 — 7:00 p.m., City Hall, Conference Room B, 21825 Copley Dr. 5.3 21St ANNUAL EASTER EGG HUNT AND PANCAKE BREAKFAST— April 10, 2004 — 8:30 a.m. Breakfast, 10:00 a.m. Hunt — Pantera Park, 738 Pantera Dr. 5.4 PLANNING COMMISSION MEETING — April 13, 2004 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 Copley Dr. APRIL 6, 2004 PAGE 3 5.5 CALTRANS 57/60 NEIGHBORHOOD MEETING —April 14, 2004 — 6 p.m., Government Center/AQMD Room CC -6, 21865 Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION MEETING —April 15, 2004, 7:00 p.m., Government Center/AQMD Room CC -8, 21865 Copley Dr. 5.7 "SPIRIT OF DIAMOND BAR" CITY BIRTHDAY PARTY — April 18, 2004 — 12 p.m. to 6 p.m., Pantera Park, 738 Pantera Dr. 5.8 CITY COUNCIL MEETING — April 20, 2004 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of February 17, 2004 - Approve as submitted. 6.1.2 Study Session of March 2, 2004 — Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of February 24, 2004 - Receive and file. Requested by: Planning Division 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of February 26, 2004 - Receive and file. Requested by: Community Services Division 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of February 12, 2004 - Receive and file. Requested by: Public Works Division 6.5 WARRANTS - Approve Warrant Registers dated March 18, 2004, March 25, 2004 and April 1, 2004 in the amount of $981,217.24. Requested by: Finance Division 6.6 TREASURER'S STATEMENT - month of February, 2004. Recommended Action: Review and approve. Requested by: Finance Division APRIL 6, 2004 PAGE 4 6.7 REJECT CLAIMS FOR DAMAGES: 6.7.1 Filed by Stanley Fidel, February 13, 2004. 6.7.2 Filed by John Fairley, January 5, 2004. Recommended Action: Reject. Requested by: City Clerk 6.8 RATIFY INCREASE OF $4,000 TO THE PROFESSIONAL SERVICE AGREEMENT WITH MONTANA TESTING AND GEOLOGICAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES AT DIAMOND BAR CENTER FOR A TOTAL CONTRACT COST NOT -TO - EXCEED $114,000. Recommended Action: Approve Requested by: City Manager 6.9 ADOPT RESOLUTION NO. 2004 -XX RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES. Recommended Action: Adopt Resolution. Requested by: City Clerk 6.10 APPROVE LETTER OF AGREEMENT FOR THE LEMON AVENUE RAMPS ON STATE ROUTE 60 BETWEEN THE CITIES OF INDUSTRY AND DIAMOND BAR. Recommended Action: Approve. Requested by: Public Works Division 6.11 AUTHORIZE DISPOSAL OF SURPLUS COMPUTER AND TELEPHONE EQUIPMENT. Recommended Action: Approve. Requested by: City Manager 6.12 TERMINATION OF CONTRACT WITH P&D CONSULTANTS FOR WATER CONSERVATION SERVICES EFFECTIVE APRIL 30, 2004. APRIL 6, 2004 7 PAGE 5 Recommended Action: Terminate contract. Requested by: Community Services Division 6.13 ADOPT RESOLUTION NO. 2004 -XX SUPPORTING CREATION OF INCENTIVES FOR COMMERCIAL SHIPPING COMPANIES AND CARGO OWNERS TO USE EXTENDED GATE HOURS AT AREA PORTS. Recommended Action: Adopt. Requested by: Legislative Subcommittee 6.14 APPROVE EXTENSION TO PROFESSIONAL SERVICES AGREEMENT WITH ANALYTICAL PLANNING SERVICES, INC. (APSI) FOR CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE DIAMOND BAR CENTER IN THE AMOUNT OF $32,200. Recommended Action: Approve Requested by: City Manager 6.15 ADOPT RESOLUTION NO. 2004 -XX AMENDING THE FY 03-04 MUNICIPAL BUDGET. Recommended Action: Adopt Requested by: Finance Director PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING — ADOPT RESOLUTION NO. 2004 -XX AMENDING APPENDIX A OF RESOLUTION NO. 89-97P, THE CITY CONFLICT OF INTEREST CODE. Recommended Action: Open the public hearing, take testimony, close the public hearing and adopt Resolution. Requested by: City Clerk 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF ADDING ONE CONCERT TO THE SUMMER CONCERTS IN THE PARK SERIES AND APPROPRIATION OF $2,400 TO FUND THE CONCERT. APRIL 6, 2004 PAGE 6 Recommended Action: Approve. Requested by: Parks and Recreation Commission 8.2 ADOPT RESOLUTION NO. 2003-60A AMENDING RESOLUTION NO. 2003-60 REVISING THE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BAR Recommended Action: Adopt. Requested by: Community Services Division 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Adjourn meeting in memory of Fred Dodd, Jr., father of Deputy Diane Dodd, Diamond Bar/Walnut Sheriff. CITY COUNCIL Agenda # Study Session Meeting Date: April 6, 2004 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Consideration of Monument Entry Sign for Displaying Emblems of Community Service Organizations RECOMMENDATION: Discuss the concept ofconstructi ng a monument entry sign for displaying the emblems of Community Service Organizations and direct staff as appropriate. DISCUSSI ON: Two of the City's visions as included in the General Plan are "Retention of rural/country living community character and preservation of open space" and "Promotion of community environment." In keeping with this vision the City Council included in the Goals for 2003/04 to "develop an entry sign that displays the different service clubs within the City". Currently there are 25 community service organizati ons listed on the City's website. Staff posted a message on the League of California Cities Community Services listserve to obtain information from other cities with this type of sign. The message posted asked the following questions: Did the organization provide the emblem at their expense or did the City purchase them? Was there a cost to the service organiza tion to be represented in the monument sign? What were the requirements to be represented in the monument sign? How many service organizations are represented in the monument sign? What was the cost for the monument sign? The common guidelines and/or criteria from the responding cities included the following: 3/4 The service organizat ions provide their own sign 3/4 There is no cost to the service organization other than providing the emblem to be posted 3/4 The service organizat ions represented must be a non-profit service organization of the City COST The responding cities could not provide cost information. The cost was unknown either because the signs have been in place for a number of years or an existing monument sign was used. The cost for the City of Diamond Bar's current monument signs have ranged from $3,500 for a park monument sign to $10,000 for an entrance monument sign. The actual cost would depend on size, materials used and location. POSSIBLE LOCATIONS FOR CONSIDERATION If the City were to erect a monum ent sign the criteria and location would need to be established. A couple of the responding Cities use existing monument signs to di splay the emblems of service organizations. This would not be possible on or near existing City of Diamo nd Bar entry monument signs located at medians due to the limited available space (e.g. Grand at 57 fwy, Grand at Longview and Golden Springs at Calbourne). One possible site location is S. Brea Canyon Road near an existing entry monument sign. This is an ideal location becaus ethere is enough available space surrounding the existing monument to accommodate a sign for this purpose. RECOMMENDED NEXT STEPS Following are the next steps in the process to proceed with the construction of monument entry sign for displaying emblems of community service organizations. Determine a site location. Using the attached photos select a basic design concept and hire an architect to design the conceptual drawing with construction cost estimates. Establish a policy for service organiza tions wishing to be represented on the sign. Direct staff to include the project as part of the FY 200 4-05 budget process. PREPARED BY: Teresa Arevalo, Senior Management Analyst REVIEWED BY: Bob Rose, Director of Community Services James De Stefano, Deputy City Manager Attachments: Monument Sign Survey Photograp hs: Monument Signs Located in Other Cities (City of Chino Hills, Fullerton, Hawthorne, La Puente, Orange, Pico Rivera, Walnut and Victorville) Photographs: Diamond Bar Locations for Consideration List of Diamond Bar Community Service Organizations City of Fullerton Criteria City of Victorville Criteria/Policy COMMUNITY SERVICE ORGANIZATIONS MONUMENT SIGN SURVEY rne:�� u�n� c��nome� uaau,.oe nea�,m un�n�� ud. rs „p u,., ons, cr r�ro w,t�n vm,� Did the City or the Praddad Wb-. Pram b?tle P.Add b?tle Praidd byde Udawnsee Pram bythe Rami byte Pratdd b?tle RWdEd byte P.Add tytle organization orort. agrvdm a07Aon agrizefim adhiad carnet ag—Am a nz b n oro him agaizmm agrrzaim purchase the Dov enblen? Was there a cost P.Adad byte No-ciler Ren No atlas Ren No- atlas Ren No- other than Nb-dte Ran No- ata Ren No- atlas Ran Rettrai b to the a0abo s ad paidrg the sign praAdrg Re sign pWdrg Re sign ag "comm paidrg Re sign paicirg Re sgr paidrg Re sign ro*ef bs h organization to be nta bereomei nikkkirg Rdr Rdr sign as included in the wtm by sign relirai monument sign? to City(typcdly dp bfairgy. Whatwere the Tteagnabons Nardsaadrbry, Rergvei ant Na'pdd satin: Savin: db in 0E Nae Service db btE Mut ben mrpd reryiremeds to mut bmHniik ervi—elbah, basal —m ad nilitry City City --ty sevirg be represented in —im rmpdR a0z2im ag—efias a0z2im ad the monument agrrza5as, ed amtkstai atleast mut sdzrit an sign? narbershp nut 5y® inCity, and �Ppirmm —y meq- bell ntimid&on of Trot: yeas. -dents. ary lay. Rdijau apditicei ga{s are rd arsidrai How many 3pu ase 16 15 bt gate lar 24 8 11 8 12 7 D organizations we d."rg the City represented in the as a Haply City. monument sin? What— the totg Nocot-sib° tJri -sign in Udvonn -pt d Udaooe -ailton Udvore tri_ -has Used adit Costakonn- CotuiaorT- Udaoxn-perm cost for the aibad pare anzrlierd asvet Cdypgaty by lb�ala�m rmzmet signs sign is ro lager in sign hes been in anadsirg monument sign? c mats ymrs inp—next \dates in 199D for 10y— to CWsebare pap (ser dare for a ntrber nuu at et— pa)xt irdndrg adlfiad dyers signs li jbrg tuf, ad lantwn c mre6) Additional savior: tamd n -open One side. dtlp Cdy uai toles Dadqed pian Ttae vaea comments 01OZ260n lad-xp. — sign dgtays b\sgrn btae imp on The nista ddTind provided by adders at ren Re Fre swim was d nd sN d d�dga polby gib— ad responding city. ebace sign vdl 51mm a0z2im dbr cines nada to sign had fdlen lbe,amsi Ttae antlers the atlas drnagei dp ba a 9—ls for irlbdse{dr. Sign will bea drAgdad side dgtays aocidrt Resigned hes sing been veil err® AClty darn idametim dspays. repacel ith a Hal bdspay Re sign det sum adders. `1M—bSe n Cle na6e" CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Study Session Meeting Date: 04/06/04 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 BAR 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 operate the center since opening March 20, 2004. The public's demand for use of the center is extremely high and there have already been 84 paid private rentals scheduled with anticipated revenue totaling abo ut $122,600. From this experience, staff has developed recommended changes to the policies that will provid a for a more effective and efficient operatio n of the center, and rental fees that better reflect the market value. This subject was discussed at the City Council Study Session on March 2 and the Council members requested additional information about tea lights, incense and fees, including a proposed reduced fee for senior use of the banquet room on weekends. Staff provided up -dates to the Council in the Weekly Report and those up- dates have been incorporated into this report. Staff has also had the opportunity to complete mock room set-ups to determine the banquet room capacity for the types of set-up normally requested by those with confirmed reservations. These test set-ups have shown that the capacity of the banquet room is less than previously reported. Details on the capacities are included in this report, as well. Discussion: As discussed at the Study Session on M arch 2, many of the changes staff recommends for the Facility Use Policy are more editorial than substantive, clarifying issues and resolving conflicting statements. Recommended changes to the use policy are highlighted through shading (added text) or st9kee-it (removed text). Following are the recommended changes to the Facility Use Policy for the Diamond Bar Center: 1. Description and name of each room added to Description of Facility. Pg. 3, section I. All rooms listed are for multi-purpose use: a. Grand View Ball Room — Total Room 7,135 sq. ft. -- stage, patio/balc ony, room may be separated into 5 separate rooms. Dining capacity, No Dance Floor: 487 438; Dining capacity, w/1000 sq. ft. dance floor: 420- 372; Dining capacity, w/500 sq. ft. dance floor: 454 405; Theatre style seating capacity: 4W 952 b. Sycamore Room —1050 sq. ft. -- Patio Dining capacity:60 Theater style seating capacity: 128 C. 8k4Willow Room —400 sq. ft.-- Computer Room, 10 computer stations d. Pine Room —1550 sq. ft. — Senior Room Dining capacity:66 Theater style seating capacity: 142 e. Oak Room —1431 sq. ft. -- Dance/exercise, hardwood floors, capacity: 85 2. Use on New Year's Eve shall be charged weekend rates and shall require minimum use of 2/3 banquet room. Pg 5, #5. 3. Two holiday dates have been added, Christmas Day and Thanksgiving Day. The center is closed and not available for use on these two dates, unless Center Director approval is obtained. Pg. 6, number 6. 4. Added: Weekend use of Banquet Room requires a minimum 5 hour rental period and a minimum 2/3 rental of the Banquet Room. Rental time must include set-up and clean-up time. Pg. 7, letter v. 5. When Banquet Room is not reserved for weekend use 21 days or less prior to desired date, Senior group may reserve use of room for the discounted rate of $30 per hour of use, with two-hour minimum, plus $60 per 100 people for set-up, take down and clean -u p. Such use shall not interfere with any other schedule d use of facility, and must receive prior approval from the Center Director. Pg. 9, letter v. 6. Requirement for cleaning deposit ($100) added for non -prof it (Group C) reserved use of meeting rooms. Currently, cleaning deposits are not required from non -profits for use of meeting rooms. Pg. 11, letter i. 7. City shall determine security firm to be utilized rather than the Sheriff's Department. L.A. County Sheriff's representatives are not allowed to recommend a specific security company to citizens. Staff will still use the Sheriff's Department as a resource to determine the number of security guards to require at specific events, or to schedule deputies when that level of securi ty is determined necessary. Pg. 14, 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.16, number 4. Additional discussion about tea lights listed below. Tea Lights: City Council has previously directed staff to purchase several sets of tea lights to be pre -approved by the L.A. County Fire Department and available for users of the Diamond Bar Center. Staff has purchased four varieties of tea lights that have been tested by Inspector Charles Cooper and approved for use at the Diamond Bar Center. However, according to Inspector Cooper, each time tea lights are used at the center, a separate permit must be issued by the fire department unique to that date, use specifics, and type of tea light to be used. Staff is aware that the City Council would like staff to purchase a supply of tea lights that would be availab le for facility users to utilize at their events. Staff has researched this with event planne rs and the response is that tea lights are a personal choice of the event hosts and style and quantity usually vary significantly. What the City buys today and is "in style" could be out of style and unacceptable to the users in a short period of time. Staff would then have to buy new sets of tea lights to stay current with the times and styles. Also, it has been reported to staff that hosts may place anywhere from four to eight tea lights on each table. For an event with 40 tables, that could be as many as 320 tea lights. Other information staff has received about tea lights includes issues about loss, breakage and cleaning. Many event guests believe tea lights are a gift and may be taken after an event. Keepin g an adequat a supply of tea lights availa ble to each facility user will be a challe nge. This is the same issue with possible breakage. The next issue is with cleaning the tea lights so they will be ready for the next user. Melted wax and black soot can accumulate in the tea light. Our janitorial contractor is able to clean the tea lights for $14.00 per hour. This cost would be passed along to the facility user. Right now, it is unknown how Ion g it would take to scrape the wax out and clean the black soot from the tea lights. There are a host of other issues that staff will have to deal with if the City provides the tea lights. These can be better articulated by staff at the study session, but has to do with clients who want staff to solve their issues with the tea lights on the day of their event. ('Those aren't the ones you showed me when I booke d the facility.", "The candles keep going out, please re -light them each time they go out.", 'The tea lights are dusty, please clean them before the event starts.",'The tea lights don't match our set-up, please let me see the other tea lights you have so I can select another style.""I don't want that color wax and/or metal base of candle", "Can we place a bow or some other decoration on or around the tea light?') Following are options regarding use of tea lights (In order of staff recommendation, highest to lowest): 1. Do not allow tea lights in the facility. (Staffs original recommendatio n.) 2. Have the facility user obtain their own tea lights and acquire approval and permit from the L.A. County Fire Department. Staff will show samples of tea lights that typically are approved by the fire department. 3. Staff selects one style of tea light that every tea light user must use. No other tea lights will be allowed. Each facility user will pay for new tea lights to be purchased by staff, and then given to the user at the end of their event. This resolves cleaning, loss and breakage issues. Since only one style of tea light isallowed under this option, it must be a high quality tea light. The tea light staff recommends is leaded crystal and retails for $5.75 each. Initial stock should be 600 tea lights, sufficient for two uses, at a cost of $3,450. Then each time a user wants tea lights, the user will be charged for the number of tea lights they wish to use. Staff would then work with the fire department to obtain the required permit for the event. The one advantage of this option is staff has total control over the tea lights and no user will be able to bring a non -per mitted tea light into the facility. 4. Same as #3, but if user wants to use their own tea light, and not the one available from the City, they obtain their own tea lights and go through the permit process described in #2. Since the user can get their own tea light if they prefer, the tea light provided by the City would be a cheaper model, which costs $1.25 each. To stock 600 would cost $750. This option does lose the control described in #3. 5. Staff selects four styles of tea lights, and provides them per option #3. Tea lights cost between $1.25 and $5.75 each. Initial cost for four sets of 600 each is $5,700. This returns control to the City but increases initial cost and requires more storage space to accommodate, and storage space is already at a premium at the Diamond Bar Center. 6. Become the full service tea light provider. Staff purchases, cleans, stocks, replaces, etc. everything to do with tea lights so there are at least four full complete sets of tea lights availa ble for eac h user of the facility to select from. This would also require staff to purchase a variety of wax candles to match the color and style the facility user wants. The initial stock for this option will cost $5,700, plus the cost of stocking addition I colors of wax candles. User would be charged for actual cleaning, loss, and breakage costs for tea lights and for candles consumed. This is an extremely labor intensive option which is the least desirable in terms of fitting the contract business model of the City. Incense and Ceremonial Fire Usage — Cognizant of the fact that Diamond Bar has a very significant and active Indian community, City Staff has begun researching the Indian culture — particularly the Hindu religion and its ceremonial use of fire and incense. Staff has been in contact with Rohini Dasika with the City of Rancho Cucamonga. Fire and incense are very important to practicing Hindus. They are featured in virtually every Hindu ceremony. City Staff is now seeking to visit a Hindu temple or to bring in a Hindu priest so that we can observe a demonstration of how the fire and incense are actually used. Until this research is completed, staff is not in a position to recommend allowing incense and ceremonial fire at the Diamond Bar Center. However, based on input provided by other Cities with public facilities available to rent, staff continues with its recommendation to not allow incense and ceremonial fire at the Diamond Bar Center. Staff believes these cultural ceremonies would more appropriately be performed in the temple or home, not in a public facility. The following information about incense was presented at the March 2 Study Session and is repeated here as information; Staff has continued researc hing the use of incense in rental facilities similar to the Diamond Bar Center. Staff has still foun d no city operated facilities that allow the use of incense. We have also checked with Southern California hotels. Only one of ten contacted said they allow incense. The Westin Hotel in Costa Mesa provided the following information, which they say, by interpretatio n, allows the use of incense; "Decorations — All decorations incorporating candles must meet with the approval of both the Catering Department and the Costa Mesa Fire Department." The Catering Sales Manager also stated that at events that use incense, the groom arrives by either horse or elephant. Based on input from the operators of othe r City facilities, staff still recommends that incense not be allowe d in the Diamond Bar Center, for the following reasons; 1. Smoke from the incense will, over time, permeate the fabric in the facility, leaving an odor to similar to stale cigarette smoke. (Fabric includes carpet, chairs, sound panels, and room dividers.) The Catering Sales Manager at the Westin did not agree with this statement. 2. Currently, tea lights are the only approved open flame allowed in the facility. Allowing incense may increase the number of requests for different types of open flame uses. Staff needs to have clearly defined limits (or no limits at all, as long as fire department approval is obtained) in order to prevent claims of discriminatio n. Caterers Use of Sterno Heater to keep food warm in banquet room: According to inspector Cooper this use is allowed without a permit if the heater is under a chafing dish on a table with no guests seated at the table. This type of use is not at the same level of risk as the tea light, which is accessible to the guests seated at the table, including children. Staff recommends allowing the use of sterno heater, if the use is in conformance with fire department expectations stated above and used by a licensed caterer. Animals such as Horses and Elephants: Staff has already received requests from potential users of the facility seeking permission to bring animals on-site. Diamond Bar Municipal Code section 12.00.260 specifically prohibits animals in parks (except leashed dogs and cats, and horses on equestrian trails) unless permitted by the director. The types of uses being requested include horse drawn carriages, riders on horses and riders on elephants. In fact, one user has already contacted an elephant rental company, Have Trunks Will Travel, and this company has applied for a Temporary Use Permit from the Planning Department (application status pending). The primary issue with animals is the waste associated with them. If animals are allowed, waste will eventually be washed into the natural habitat surrounding the park and into the storm drain system. Also, our janitorial service provider recommends the sealing of the decorative concrete area in front of the formal entrance to prevent stains from the waste. This area is about 6,200 sq. ft. in size and would cost about $2.00 per sq. ft. to seal, or about $12,400. If the concrete is sealed, the waste can be cleaned and neutralized with a concentrated citrus cleaner. Staff recommends that animals such as horses and elephants not be allowed at 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. Following is the analysis staff has used to determine recommended fees; GROUP C -- Diamond Bar Based Non -Profit Service Oruanizations (includinu Churches): Comparative rates for non-profit organizations "weekend" rates for banquet room. Current Diamond Bar Center rate is $112.50 hour Recommended Revised rate is $200 per hour for first 5 hours, $100 per hour for each additional 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, staff recommends that the NEW rate for non -prof it "weekend" times for the entire banquet room be changed to $200 per hour (with a 5 hour minimum rental required); additiona I hours will be charged at $100 per hour. This results in a 6 hour rental fee of $1,100, from the $675 per event that is the current rate. GROUP E — All Businesses and Non -Residents: Comparative Rates For Private Use By Businesses And Non -Residents "Weekend" Rates For Banquet Room. Current Diamond Bar Center rate is $235.00 per hour Recommended Revised rate is $400 per hour for fist 5 hours, $200 per hour for each additional hour. When staff developed the recommended fees for the Diamond Bar Center that were approved by the City Council last October, staff stated that there was a lot to learn about developing policies for the operation of such a state -of -the -a rt facility. Over the past five to six months of scheduling reservations for private use of this facility, staff has discovered how unique this facility is in this region of Southern California. We are told there are no public facilities that can serve the number of people the Diamond Bar Center can that also has the amenities such as view, architecture, versatility and age (brand new). Based on input we have received from several professional event planning firms, staff believes we can (and should) charge more for its use. As an example, we were quoted a "general rule" that we should charge no more than $5 per person for the capacity of the room for a 4 -hour block of time for the rental of the Grand View Ballroom on a weekend. That would translate into $2200 for 4 -hours, which equals $550 per hour. That would make a 6 -hour minimum cost approximately $3,300. Following are examples of private sector "shell' facilities rental rates for 4 -hours (Facility, tables and chairs): Richard Nixon Library — Yorba Linda (400 capacity) — approx. $ 4,000 Ocean Institute — Dana Point (200 capacity) — approx, $5,500 Joes Garage —Tustin (300 capacity) — approx. $5,500 Seven Degrees — Laguna Beach (100 capacity) — approx. $7,500 Huntington Harbor Yacht Club — Huntington Harbor (200 capacity) — $1,500 Newport Dunes Pavilion — Newport Beach (75 capacity) - $1,100 Because we are a public entity/public facility, we are proposing a rate that is competitive within both the public and private sectors, but is still well belo w the "fair market value" of the private sector facilities. Current Diamond Bar Center rate is $235 per hour with 6 hour minimum ($1,410 rental fee) Equiva lent rate for comparable public sector facility (City of Brea) _ $361 per hour ($2,166 rental fee) Previous proposed rate was $330 per hour with 6 hour minimum ($1,980 rental fee) Therefore staff recommends the following additional changes should be made to the Facility Use Policy; 1. New Recommended Rate for Group E Users: NEW proposed time block is 5 hours with REVISED proposed rate = $400 per hour ($2,000 rental) NEW additional hourly rate (for each hour in addition to the five hour minimum) _ $200 per hour NEW 6 hour rental equivalent = $2,200 2. Consider charging a $500 flat fee for clients to have their wedding ceremony on the grounds of the Diamond Bar Center. Pacific Palms charges $1,500 for a 1 hour time block (includes gazebo, chairs, microphone and golf cart with driver). Recommended Rental Rates for Grand View Ballroom (includes Catering Kitchen, pre -function area and patio): Note: Rates have been established per the following formula, using the Group E rate as the foundation. • Weekday rates are 1/2 the cost of weekend rates. • Other room rates are prorated based on the room size as compared to the whole banquet room. • Increases for client type are based on $100 more per hour for weekend use, half that for weekday use. Weekdays Weekends Group A: City of Diamond Bar Events No Fee No Fee Group B: Diamond Bar Based Senior Organization s No fee No fee for Senior Room Group C: Diamond Bar Based $100 hour $200 hour (minimum 5 hours); Non -Profit Organizations $100 per hour for each additional hour Group D: Diamond Bar Residents $150 hour $300 hour (minimum 5 hours); $150 per hour for each additional hour Group E: All Businessesand Non -Residents $200 hour $400 hour (minimum 5 hours); $200 per hour for each additional hour 6 The revised fees should result in annual revenue increase of 85%, from $170,000 to $315,000, when fully implemented. (Estimate based on 100ea 8hr weekend resident uses and 100ea 8hr weekday resident uses. REVIEWED BY: Bob Rose James DeStefano Community Services Director Deputy City Manager RES OLUTI ON NO.2003-60A A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2003-60REVISING THE 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 operate the facility since its opening on March 20, 2004; (iii) Staff believes that the changes listed in Exhibit A will result in a more efficient and effectiv e operation of the Diamond Bar Center; (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolutim 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 8 ATTEST: TOMMYE CRIBBINS Assistant City Clerk I, TOMMYE CRIBBINS, Assistant 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 TOMMYE CRIBBINS, Assistant City Clerk City of Diamond Bar City of Diamond Bar DIAMOND BAR CENTER 1600 S. Grand Avenue Diamond Bar, CA 91765 Facility Use Policy Originally Adopted by the City Council on October 7, 2003 Resolution No. 2003-60 -- RECOMMENDED REVISIONS — 4/6/04 Facility Use Information 909.839.7070 City of Diamond Bar 10 Table of Contents Section Tonic Page L DESCRIPTION OF FACILITY 3 H. PURPOSE OF THE USE POLICY 3 III. DEFINITION OF TERMS 4 IV. GROUP PRIORITY RATING 4 V. APPLICATION PROCEDURES 5 VI. ROOMS AVAILABLE FOR USE 7 1. Banquet Room Use 7 2. Meeting Room, Game Room, Activity Room, Senior Room Use 9 3. Kitchen Facilities Use 12 VIL LIABILITY AND INSURANCE 12 VIIL GENERAL OPERATING REGULATIONS 14 IX. VARIANCES 18 X FACILITY USE FEE SCHEDULE 20 M. EQUIPME NT RENTAL FEE SCHEDULE 25 mi. TENANT USERS INSURANCE INFORMATION 26 11 City of Diamond Bar Diamond Bar Center Facility Use Policy L DES CRIP T ION OF FACILITY The City of Diam and Bar GammunitrSeni Diamond Bar Center ("Center" or "facility") is a 22,M square foot facility owned and operated by the City of Diam and Bar and located at 1600 0 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: 484 438; Dining capacity w/1000 sq. ft. dance floor: 4,14 372 Dining capacity w/500 sq. ft. dance floor: 454-405 Theatre capacity: 4944 952 b. Sycamore Room— Patio, dining capacity: 60 theater capacity: 128 c. Bireli Willow Room— Computer Room, 10 computer stations d. Pine Room —Senior Room, dining capacity: 66 theater capacity: 142 e. Oak Room — Dance/exercis e, hardwood floors, capacity: 85 IL PURPOSE OF THE USE POLICY The purpose of this Use Policy is to assure that the Center is operated in a manner that best serves the residents of the City of Diamond Bar. It is intended to ensure that the use of the facility is granted in a fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of the facility are intended to recoup on-going maintenance and operation costs of the facility. City facilities are not to be used for personal and/or private gain. III. DEFINITION OF TERMS "Center Director" means the administrative head of the Diamond Bar Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. 12 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 CeffffnuaityAea-ie Diam and 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 69wAnuf+4)49ea Diamond Bar Center pursuant to the terms of this Use Policy. 5. "Facility Use Permit' means a permit issued by the City upon approval of a Facility Use Application for use of the facility or some portion thereof by an applicant. IV. GROUP PRIORITY RATING 1. An individual or group seeking permission to utilize the facilities at the Center will be classified in one of the following priority groups. These classifications are used to establish 1) priority of use, 2) applicability of a fee, and 3) amount of the fee, if any. The priority groups are as follows: A. GROUP A- Activities conducted and/or sponsoredby the City of Diamond Bar. B. GROUP B- Activities conducted by the City recognized Senior citizen membership rroouVs C. GROUP C: i. C-1- Activities conducted by Governmental agencies other than the City of Diam and Bar, which provide some service to the Diam and Bar community (e.g. local school districts, County of Los Angeles agencies, etc.) ii. C-2- Activities conducted by -leek Diamond Bar based non-profit service organizations. To qualify as a local non-profit organization, the organization shall have a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A membership roster and the Article s of Incorporation indicating status as a Diamond Bar based 501(C)(3) non-profit organization nort profit teit exemption tttttt+er shall be submitted as a condition of an organization receiving classification in this group. D. GROUP D: D-1- Private events conducted by Diamond Bar residents. 13 ii. D-2- Activities conducted by Diamond Bar resident groups, organizations and businesses, which are not eligible under Group C definition s. 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. APPLICAT ION 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. Staf f 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 CI 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 — 11:00pm and Friday and Saturday 7:30am - 12:00 midnight. A one (1) hour clean up is mandatory at the end of each event. Requests for alternate hours require special written approval and may be subject to additional fees. 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. Observed Holidays — Thanksgiving Day and Christmas Day — No use shall be scheduled on observed holidays without Center Director's approval. 14 Upon approval of an application, a facility use permit rental contract will be issued authorizing the requested use of the facility. The Center Director may attach such conditions to the perrrtif 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 applic ations are submitte d 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 activ ity 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. 15 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 AVAIL ABLE F OR US E 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 ti me 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 reserving the banquet room(s) shall adhere to the following cancellation policy: 16 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 4"0 refund of fees Fi4qd a A111 r-e-fimAd ef the eleaniag Elepes4 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 cancel led 30 days or more prior to the event will receive a refund of fees minus a $100 preeessing 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 mor -e than 30 days or more prior to the event will receive a full refund minus x$10 pr-eeessing €ee. 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 (S enior Groups) Senior use of banquet room at no cost is limited to weekdays. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve one use of banquet room per week. iii. Banquet room may be used only when expected attendan cc 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. 17 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 $30 per hour of use, with two-hour minimum, plus $60 per 100 people for set-up, take- down and clean up. Such use shall not interfere with any other scheduled use for facility, and must receive prior approval from the Center Director. E. Recurring Banquet Room Use by Group C Organizations 111Won-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 applisable operatien 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. 18 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 ti me 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. n. Rental fees less than $500 require a minimum deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due 30 days prior to the event. C. Cancellation of meeting room, game room, activity room, senior room use Groups D-1, D-2 and E reserving meeting rooms shall adhere to the following cancellation policy: a. Weekend reservations cancelled 60 days or more prior to the event will receive a refund of fees minus a $50 preeessinrgfee. b. Weekend reservations cancelled 30-59 days prior to the event will receive a 3944 refund of the retAft fees minus $500 or amount of rental fee deposit, whichever is less an4 it c_n __r__a of the _i___._f a_.___.. 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 cancel led 30 days or more prior to the event will receive a refund of fees minus a $50 preeessing fee. e. Weekday reservations cancelled 29 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. ii. Group C (Non-profit groups) reserving meeting rooms shall adhere to the following cancellation policy: 19 a If cancelled 30 or more days in advance group shall receive an entire refund and this will not count toward one of their twelve meeting room uses. 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) i. 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 e* . 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 clas s ificatio n 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. 20 Kitchen Facilities Use A. Reservation Procedures for Kitchen Facilities Use i. 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 Diam and Bar Center on a fust 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 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/freezer (items must be removed after each scheduled use), microwave oven, oven/steamer, convection oven, warming top, hot food service unit, mobile heated holding carts (2 each), and a sink. B. Kitchen Use Policies: Only licensed caterers may provide food service for events scheduled at this facility. ii. The kitchen is designed for food warming and serving. NO COOKING IS ALLOWED IN THIS FACILITY. iii. Storage for Priority Groups A, B & C that are recurring users maybe available on a first-come, first-served basis, for aperiod not to exceed six months. After six months, if demand exceeds supply, storage space will be allocated through random drawing. VII. LIABILITY AND INSURANCE All users of the facility shall procure and maintain, at their own expense and for the duration of the event covered, comprehensive general liability and property damage liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the use of the facility by the user, its agents, representatives or employees in the amount of one million dollars ($1,000,000.00), combined single lim it. (If alcohol is to be served, insurance coverage stall include coverage for serving alcohol beverages). All of user's insurance shall: 21 A. Name the City of Diamond Bar, its employees, officials, agents, representatives , vmss (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: "Addition al Insured: City of Diam and 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 by law, user shall defend, indemnify and hold harmless City, its officials, employees and agents, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, 22 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. VIIL 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 immedi ate 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 seeurity at all events at which alcohol is served. T- W cWpi-ffls Dopa f n @at may waive o -ity f r vAere not "tare then 109 members vo-i14 be pet-miRed to be itt ffaendanee. Cost of the security is the responsibility of the user and is payable directly to the andfet: City approved security firm. C. Alcohol shall not be served to minors. The user's failure to comply, monitor and enforce this provision is grounds for terminating the activity immediately and forfeiture of the refundable deposits and all of the room fees. D. Injuries caused to any person as a result of alcoholic beverages being served and/or consumed on City premises, including but not limited to the Community 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. 23 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. aai4 the C;ekiaty &f4,&& 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 Diamond Bar Center contract must be famished to A.B.C. when applying for this license. iii. A copy of the A.B.C. license must be furnished to the Diam and Bar Center a minim um 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. V. 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 a private 12= to sell alcohol on their own. The service of alcohol at any event is limited to a maximum of five (5) hours. K All alcohol must be distributed from behind a table or a bar by an adult, over the age of 21 who is to be responsible for insuring that no minors are served. L. Wine, punch, beer, champagne and spirits must be served out A M cups, glasses, or cans`rt 24 M. When serving champagne, all bottles must be opened in the kitchen prior to serving. Champagne bottles may not be opened in the assetr+ly 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. Tobacco use of any kind or smoking is not permitted in the Gammm 3ity Diam and Bar Center. Smoking is permitted in designated outdoor areas only. Incense, fog, or smoke use is not permitted in the 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 Diam and Bar Center a minimum of 7 days prior to event. The use of fog generating machines is prohibited. Stemo heaters for food warming is allowed without a permit by licen sed caterers if heater is placed under a chafing dish on a table with no guests seated at the table. 5. Animals are not permitted in the Center facili ties or on Summitridge Park grounds, access roads, parking lots or drop-off area except those that serve as aides to physically challenged individuals. This includes, but is not limited to, guide dogs for the blind and dogs for the hearing or physically impaired. 6. Illegal Activities shall not be permitte d. 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 claim ed 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 25 from such disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the user with payment due and payable in thirty (30) days. Advertising Materials may be left with the Center Director for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded. 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 6Maier- Diam and 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. F oods and beverages must remain in rented room. 16. Minors - Groups of minors shall be supervised by one adult for every 10 minors, age 12 and under and one adult for every 20 minors under the age of 18 and over the age of 12 at all times while they are using the Center. Events where the majority of the participants are minors may be required to have security guards present during the event and cleanup. 17. Revocation for Violation - Reservations may be cancelled at any time by the Center Director if there has been a violation of applicable rules or conditions of the facility use permit. 26 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 €er E 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 Departm ent 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 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 tim e as the cancelled event). If variance is granted, a $5.00 refund processing fee will be deducted from relief amount. 27 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 cancellatio n fees) will not be accepted nor considered. Variance Request Procedures: 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 fording 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 detrim ental 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. 28 City of Diamond Bar Diamond Bar Center X. -- Facility Use Fee Schedule Groups A: City of Diamond Bar Sponsored Activities Group B: City recognized Senior members hip groups Group A: No fees Group B: No fees for regular weekday use Weekday Ante Rata Gperal:reR -- Rate -- ' -- 6geF416a Cleaning Deposit $75/HF $29/HF $675/ e-e_,F $399 Seim, R om $60Jhr $35/1., $6B/hr $5fhr $iea $40/hr $15/4 $ $15/HF $+G9 $40/hr $15/4 $15/4 $+G9 $40/hr $t5/h $33/4 $+G9 $381HF $K/HF $3e/HF $15/HF $f99 $59/HF $}S}HF $119/4 $15/11F $299 $25/HF $45/HF _ _ _ - $18B $2B/hF $15/HF $75%eve14 $15/HF $199 $se/eCnt + $ee%t N/a and Bus $fee Roe m Weekday Rate Rat epeFatien Rate - GpeFatie'H Cleaning Beflasit Big Banq UeFRoo $150/HF $20/HF $165/HF $29/HF $309 Seim, R om $60Jhr $35/1., $6B/hr $5fhr $iea $39/hF $15/4 $39/HF $15/4 *GG �'eeN�-Ream $28/HF $15/4 $199 $ze/r $t5/h $ht1^e�e F � $+G& $109/4 $15/4 $119/4 $15/11F $299 $58/17, $iS%hr $55/9F $i5/1., $488 $39}HF $1S/HF $99;14 $15/HF $190 $59/ev&* Greup E! Non Resident Private Events and Non $50/event Resident Gieups N/a and Bus $190 Room Weekday Rate Rat GpeFatreFr Weekend Rate Rate- GpeFatiea Cleaning Depesi Big Banpaet Ree $195/hF $28/HF $219,'4 $29JHn $599 5min 'Roo- $28/h, $f5/1.. IlF $fS/fA $tffi Meetimg RaaFm_ $49/HF $15/HF $49/4 $15/HF $199 I�edth Reece $39/HF $+S/HF $38}HF $}S/HF $180 'ibuth Room $3051, (divided 1%3i $i5/hr $38/h, $t5f17, $iBB GempbteF Reern $40/hF $15/4 $4GVhF $15/4 $189 $Bell., $t51h $fir $15/1.r $zee Banquet Reem (divided 1�3) $65/HF $}5/HF $�B/HF $I5/HF $109 Banquet Reem (divided 1/5) $30/HF $}5/HF $39/HF $1S/hF $109 Eich. $58/_..t N/& $58/event Po/& $tee A Fnandalor., Glean up 1;our ra„rat is F@qoif@d. 29 30 1! Dia Friend Bar Resmelents Pr"va 2! D*a Friend Bar Resident Bus"ne Group D: Diamond Bar Residents Room Weekday Rates Weekend Rates Cleaning Rate Operation Rate Opera Son Deposit $459N9F QWhp $165/19F $29/4 $39G Grand View Ballroom $150/hr $300/hr 5hr Min; $150/hr each $500 additional ho ur Sem of Raw $69/hF $15JhF $60f hr- $15JhF $3499 Pine Room (Senior) $50/hr $100/hr $100 $ $45/19F $39119 $45/11F $166 Sycamore Room + Patio $50/hr $100/hr $100 yer#k Room $28HF $15}hr $28Nf $15/hr $3% Oak Room $50/hr $100/hr $100 $29/19 $15/19F $20fHF $35f19F $166 Maple Room $27/hr $55/hr $100 Gernputer-Raw $30/hr $+S}hf $30/lf $45/hf $3496 B+PL+Willow Room $50/hr $100/hr $100 (Computer) BaRquet Ream (divided ?/3) $109/19F $3.19/19F $15/11r $2GG Grand View Ballroom (divided $100/hr $200/hr 5 hr Min. $100/hr each $350 2/3) additional ho ur Banquet Room (d vided 1�3) $58jHF $35/HF $55/19F $15/HF $3496 Grand View Ballroom (divided $50/hr N/A $100 1/3) $39/Hr $i5/HF $3w9 $35/19 $39G Banquet Roan (divided 1/5) $30/hr N/A $100 eater Mg K t4em $58jevent WA $50/event W/R $3499 Catering Kitchen $50/event N/A $100 31 dent Private Events and Non Resident Gre-m Group E: Non -Residents and All Businesses Room Weekday Rates Weekend Rates Cleaning Keyboard Rate Operation Rate Operation Deposit Big-Bar>eimelmRaertt $ fhF' $ $Pisµf $ $594 Grand View Ballroom $200/hr $400/hr 5 hr Min. $200/hr each $500 A/V Projector $20 additional hour $20 Seng BF Ream $76/14r $15µir $79/hr $35/hr $196 Pine Room (Senior) $55/hr $110/hr $100 f4eelmiRg Ream '$40/hF $45. HF $48fhF $45fhr $304 Sycamore Room + Patio $55/hr $110/hr $100 yec#h Room $30Jhr $15/hr $30/hr $35jhF $399 Oak Room $55/hr $110/hr $100 Yebth Ream $39/19F- $35/11F $3A/hr $}5/Hr $3AB (divided - l i3) Maple Room $30/hr $60/hr $100 Gamputer Room $49/4 $+5/Hr $40/hr $35/hr $39B BirEHWillow Room $55/hr $110/hr $100 (Com puter) $430fHr $!S}Hr $34A}Hr $35µh $2% Grand View Ballroom (divided $135/hr $270/hr 5 hr Min. $135/hr each $350 2/3) additional ho ur Banquet Ream (divided 1/3) $65µ1F $15/19F $;Z9FhF $IS/hr $306 Grand View Ballroom (divided $55/hr N/A $100 1/3) Banquet Ream (d Y ded 1/5) $30ihF $15µh $39/hr $35/hr $}B6 Banquet Room (divided 1/5) $35/hr N/A $100 q $50/x- WA $59/event N/A $396 Caging Kitchen $50/event $100 XI. -- 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/TV $20 Coffee Pot (55 cup) $20 Coffee Pot (100 cup) $40 A/V Projector $20 Overhead Projector $20 Microphone (cordless) $20 Microphone Stand $5 Dance Floor - 500 sq. ft. thru 1000 sq. ft. $200 Dance Floor - I ess than 500 sq. f t. $100 Projection T.V. $50 Projection Sc reen No charg e Tabl a Si gns: 1-10 $10 Tabl a Si gns: 1- 20 $20 Tabl a Si gns: 1- 30 $30 Tad a Si gns: 1- 40 $40 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will beasse sled if equipment is damaged or destroyed. 3. Tenet/ User s Insu rance - This i nsurance is provided under se parate contract w ith the City's in surer. See atta chment "A" for information and fees. Fees are subject to change without adv a rice notice. Fees are passed th rou gh to u ser. 32 Package Fee Options: Reception /Party 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. Determ ine the number of people you expect at your activity. For multiple day activities, estimate the total attendance for all the days the activity will take place. Multiple day events are limited to five consecutive days, unless additional days are approved by the insurance provider. 33 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 Tenant/User insurance coverage, please contact the Diamond Bar Center Staff at 909.839.7070. 34 Agenda No. 6.1.1 MINUTES OF THE CITY COUNCIL STUDY SESSION OF THE CITY OF DIAMOND BAR FEBRUARY 17, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 5:07 p.m. in Room CC -8 of the South Coast Air Quality Management District/Governm ent Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera, and Mayor Zirbes Also Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano; Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Director of Community Services; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Nancy Whitehouse, Executive Assistant; Fred Alamolholda, Senior Engineer, Marsha Roa, Communications and Marketing Coordinator; Sharon Gomez, Sr. Management Analyst; and Joan Chavez, Office Assistant. Economic Development Update —Country Hills Towne Center CM/Lowry introduced Michael McCarthy, MCC Capital, Inc., new owner of the Country Hills Towne Center. Mr. McCarthy described himself as an accountant, a center owner, and a developer and stated that he purchases troubled assets in Southern California that have become run down by lack of tenant improvem ent dollars, lack of vision, and/or lack of anchor tenants. He reported that his vision is to refurbish the Towne Center, bringing in new tenants, improving the aesthetics with a new storefront, and adding a medical office building. He said that his firm was nearly ready to apply for a Zone Change, a site plan approval, a Conditional Use Permit for the Center, and a Variance for the medical office building. He explained that his firm terminated the lease with the Ralph's Co. in December 2003 so the space is now free to be re - rented as a grocery store and filling that space will be hi s primary goal. Regarding the space currently occupied by the theater , he stated that his firm is looking into providing a better use. He pointed out that the site plan displays a garden center on the side ofthe current theater building to augment a home center orhardware store within the theater portion. Mr. McCarthy further reported that the site plan contemplates usage of the pad formerly occupied by The Wherehouse as a coffee and food related use with a patio area off ofthe building and a veranda over it. In order to attract some ofthe 35,000 vehicles that pass bythat center, especially in the morning, the site plan anticipates a drive-through coffee -type of use. He went on to say that the Variance to be requested would be for a four-story medical office building with 15,000 feet of floor space on the south end ofthe Center behind the carwash. He pointed out that the topography of the south end of the Center drops approximately 30 feet, thereby making the building essentially 60 feet high with the top floor visible behind the car wash so that signage identifying the medical office building could be seen. FEBRUARY 17, 2004 PAGE 2 CITY COUNCIL Regarding the space formerly occupied by Ral ph's, hestated that the difficulty with the location in the past was that the store was not visible from D.B. Blvd. asthe view was blocked by the two-story building occupied by AAA. He indicated that the new concept is to construct a tower element in the shopping center so that better, more visible signage for a grocery store can be provided. C/O'Connor asked if his firm had contempl ated the idea of keeping the theater and upgrading itto stadium -type seating sincethe youth inthearea complain that there isn't any place in town for them to go. Mr. McCarthy responded that hehad been discussing the idea with Regal Theaters for over a year but since they failed in that location once before, they are not open to the idea. He stated that he felt the theater component for D.B. might be better served if it was on a new, larger site in order to accommodate stadium seating. He explained that the Regal Theater is looking for a "power center" type of site close to the freeway, on a comer, etc. similar to the property on Grand and Golden Springs. The Country Hills Towne Center is more of a neighborhood center for the community. In response to C/Huff regarding adding mixed uses with residential spaces over some of the shops, Mr. McCarthy explained that it is an exciting concept for developers, but the plan is to keep the existing structures . He further stated that consideration is being given to adding shops on both sides ofthe driveway entrance to encourage shoppers to crisscross back and forth to the shops, to restaurants, and to the theater but he cautioned that it may be too ambitious for the site. C/Chang stated that he was very supportive of the type of improvements being proposed to the Country Hills Towne Center, especially the medical office building to provide space to independent physicians in a central location. He said that turning the Center into a lifestyle -type center with a good coffee shop and a couple of good restaurants would help create a community gathering place. He commended Mr. McCarthy and stated that he would like to see the development move ahead. CM/Lowry asked if Mr. McCarthy would berequesting financial assistance from the City. Mr. McCarthy stated that the more the City can participate in the process, the better the tenant improvements and storefronts will be. He estimated that the revenue from the new tenants should generate approximately $15-25 million a year in total taxable sales. MPT/Herrera queried if there was any kind of a timeline when the grocery store going in. Mr. McCarthy stated that a commitment should be obtained within the year. The optimal goal would beto havethe store opened by Christmas 2004 but most likely, it will open in 2005. FEBRUARY 17, 2004 PAGE 3 CITY COUNCIL M/Zirbes asked ifthe current market strike was affecting growth plans for any ofthe major grocery stores. Mr. McCarthy stated that everything is on hold with the major markets, however, the non-union stores are doing very well, citing the new Henry's Market in Chino Hills as an example. M/Zirbes thanked Mr. McCarthy for his presentation and commended him on his vision for the Center. Jerry Hamilton, Diamond Bar resident, stated that there are no investment-ty pe businesses in the Diamond Bar -Chino Hills area and suggested that the City look into attracting that type ofbusiness. Mr. Hamilton stated that hewould like to see a variety of investment brokers housed in one building. Mr. McCarthy stated that the Center's improvement plans have attracted strong interest from several investment banks and advisors since the median income per household in the area is in the $110,000 range. D.B. Center Grand Opening Update PIM/Blakey reported that staff isplanning two events to celebrate the grand opening of the Diamond Bar Center. She said that one is an "open house" with daytime events open to the public and the other is an evening by -invitation -on ly dinner. She related that staff had received an offer from a transportation company owner who is willing to provide his vintage Rolls Royce to transport the Council up to the ribbon -cutting ceremony. She indicated that staff had previously arranged for Council to be transported to the ceremony in a fire truck and asked the Council for direction regarding the two options. The Mayorwould bearriving in a helicopter with Commander Chuck Street. C/Huff and C/Chang indicated that they preferred to arrive in the fire engine as, in their opinion, the Rolls Royce would be sending the wrong message to the community. Following a brief discussion, Council concurred to arrive in the fire engine. PIM/Blakey discussed the draft guest listfor the dinner, comprised mainly of Council Members, Commissioners, elected officials, past mayors, event sponsors with their own tables, the original Task Force members, project leaders, City staff, Diamond Bar Community Foundation Members, and City partners such as the Chamber of Commerce, Library, schools, water district, utility types, senior citizen clubs, members of the media, and event planners to show off the facility. Following brief discussion and suggested updates to the list, Council agreed to contact PIM/Blakey if they have further changes. FEBRUARY 17, 2004 PAGE 4 CITY COUNCIL PIM/Blakey explained that the caterer has included a second entree option for consideration ata cost of $1600 and stated that staff was looking for direction on whether to serve complimentary wine with dinner. She also indicated that staff was looking atincluding 2-3 bottles ofwine at each table which would provide each guest approximately 2 glasses. Another option to be considered by Council would be providing valet parking so that guests would not have to walk from the parking lots. She further stated that staff would be I ooking into the possibility of additional equipment such as heaters, lighted trees, etc. and that addition of all of the above items would bring the total cost for the dinner slightly over budget. She asked whether itwould be possible to use some of the $12,500 current ly available from sponsors to pay for the overage. In response to C/O'Connor regarding seeking sponsorships for some of the additional items, PIM/Blakey indicated that most of the sponsors have designated how their funds should be used; for example, the Chamber has donated sufficient funds to pay for the band. MPT/Herrera asked ifthe extra options presented tonight would increase the amount that the City will becontributing. DCM/Doyle responded "no," they would bepaid for out of the donations. M/Zirbes recalled that, atthe last study session, Council set a budget amount for the dinner but also indicated that if there were additional expen ses, that they would have to be covered by sponsorship funds. C/Chang remembered that Council did not specifically give staff direction to use money from the sponsorship pool for items over budget. C/Huff concurred and stated that hefelt that a specific sponsor should beutilized to provide the wine. Regarding the valet, he stated that having valet service would create a bottleneck in the turnaround and, therefore, should not be offered to everybody. C/Chang stated that he did not wish to use taxpayer's money for valet parking. Regarding the options presented, Council concurred - Not to provide valet parking. -To provide a second entree ofMahi Mahi for an additional cost of $1600. Regarding wine with dinner, PIM/Blakey explained that, with 40 tables, 120 bottles of wine would beneeded: one bottle ofwhite and one bottle ofred. She reported that the caterer has suggested that additional bottles of white wine beset aside in the event that a number of people ata table request more white. She stated that the cost would bean additional $1,200 for three bottles per tables. C/Huff opined that wine should not be provided unless there is a sponsor to cover the costs. Council agreed that serving wine with dinner would provide a nice touch. FEBRUARY 17, 2004 PAGE 5 CITY COUNCIL PIM/Blakey explained that staff wanted to be sure that, if the additional items bring the total for the event over budget, that staff would beallowed to use sponsor funds to cover only the portion of additional funds needed. Council agreed with that concept. With respect to completion ofthe building and scheduling ofthe dinner, DCM/Doyle explained that the last shipment of ceiling tiles for the banquet room from Canada are due to be delivered on March 17 which does not provide enough time to complete that part of the project. He stated that April suggested that the dinner be continued to March 27thto provide enough timefor completion ofthe ceiling. Following brief discussion, Council concu rred to postpone the Grand Opening Gala to Friday, March 26, 2004. Goals and Objectives Review The City Manager reviewed the Goals as they were presented in the 2003-2204 Budget. 1) TO OPERATE THE CITY INA FISCALLY AND MAGERIAL RESPONSIBLE AND PRUDENT MANNER: Council Appointed Committees List CM/Lowry explained that the first goal was to review Council appointed committees and a couple ofthem have been eliminated. Shesaid that staff is reconsidering the Public Safety Committee as it is staffed and managed by the Sheriffs Department. City Council Code of Ethics CM/Lowry explained that this item was underway and staff is planning to bring the amended version for Council review in March. Regarding enforcem ent of City Codes and Ordinances, she stated that staff had been discussing whether some of the issues could be removed from the list and be considered an ongoing part of doing business in D.B. 2) RETENTION OF RURAL COUNTRY LIVING COMMUNITY CHARACTER & PRESERVATION OF PRESERVATION OF OPEN SPACE Establish continguous neighborhoods within City zip code, and other goals CM/Lowry reported that staff had been looking into annexing contiguous neighborhoods within the City's zip code and the Walnut Unified School District She said that the discussion was continued as a result of budget discussions held last summer. Cleaning Up the Freeway Entrances, and other goals CM/Lowry stated that CSD/Rose had given Council information regarding steps being taken by staff to increase the work that's done on a regular basis. She indicated that the slopes under this category are either CalTrans property or FEBRUARY 17, 2004 PAGE 6 CITY COUNCIL private slopes, wondering if there is a desire to do something beyond what has already been done. Consideration of JCC Donation of the Lot at D.B. Blvd. and SR 60, and other goals CM/Lowry reminded Council that they had met and discussed this issue in December and staff isworking on collecting additional information about the geology ofthe site. On the pre -annexation agreement for Shell (the Shell Aera Project), she reported that this matter was placed on hold until receipt of the EIR by the County before conducting additional review. Under "Plant More Trees," she said that Mr. Rose continues to plant more trees and will probably plant approximately 100 trees this year. CM/Lowry said that the Goals were being reviewed atthe request ofM/Zirbes and staff was hoping that the Goal swould belooked atin terms oftheir appropriateness for the balance ofthe year and the future . She questioned whether there are Goals that can go off the table and ifthere were others that need to mo rph into new goals. MPT/Herrera stated that itwould be good for the ongoing goals be moved from the Goals listto "this isthe way that wedo business", but itis important that have those items be identified separately. CM/Lowry expressed appreciation for MPT/Herrera's statement. She commented that, with Council's leadership, the City has established itself from the Goals listas "this is us, this iswhat wedo". Further ,should the Council participate in a visioning session, future projects would be implemented with that "vision". M/Zirbes pointed out that another reason for reviewing the Goals was to assess where the City was at the half way point of the year. He stated that the Council will need to consider Goals and Objectives for 2004/05 in the near future and that it would be helpful to know what remains to be done in this year's Goals. C/Huff suggested that certain Goals could be restated to reflect the portion of work remaining. CM/Lowry proposed that the review continue and staff would create a recommended format for the next review to begin. Continue to Plant More Trees around the City C/O'Connor suggested removing this goal. C/Huff agreed. Monitor Repair Program that Assists Low to Moderate Income Families with Improvements CM/Lowry stated that this issue is ongoing because the program, home improvement loans and repairs, is up and running. M/Zirbes agreed that the Repair Program didn't need to stay on the Goals list because it'show the Community and Development Services Department now does business. FEBRUARY 17, 2004 PAGE 7 CITY COUNCIL Consider Annexation of the Former Boy Scout Property, and other goals CM/Lowry suggested that this item be consolidated into a larger annexation discussion. On "Adopting the Slopes on Major Roads and Providing Funding Assistance," CM/Lowry stated that creating standards for the slopes was accomplished through adoption of the ordinance, but the goal of adopting the slopes themselves and providing financial assistance has not been done. MPT/Herrera explained that Joe Ruzicka, representing the Three Valleys Municipal Water District, gave staff and Council a brochure regarding available grants from MWD for drought-resistan tplantings. Mr. Ru zicka related to her that Three Valleys Water staff could help the City prepare the application so that the City may receive funding for some of the slopes. CM/Lowry suggested that the slope issue become an Objective for the remainder of the year orfor early next year. Monitor and Evaluate Proposed Development in areas such as Tres Hermanos, Tonner Canyon, Shell Oil Propertyand Monitor Water Use in Tres Hermanos CM/Lowry explained that these efforts were ongoing through the Tres Hermanos Conservation Authority, Four Comers, and through the City's participation in other regional groups. Expand the Sphere of Influence to Incorporate Properties both West and Southwest of the City CM/Lowry explained that the City atone time had a broader General Plan revision goal. She stated that this shouldn't remain as a Goal due to circumstances preventing the City from moving forward. C/Huff felt that this matter would be more of a long-term goal, such as the General Plan, as opposed to the annual goals that Council and staff continually work on. He stated that it is not something that will happen in a year but still need to remain in the City's sights. M/Zirbes pointed out that occasionally discussions need to be held on issues ofthis type to stay on top of the status of the properties. Enact a Comprehensive Investigation into the City's Infrastructure CM/Lowry stated that Council had previous exposure to th eissue when the Finance Director asked for additional funds for preparation of the CAFR for this year. She further stated that the balance of the issue is related to actually creating the inventory and accounting for the City's infrastructure --the streets, the quality of the streets, estimating the balance of their useful lives, etc. She reported that staff is now working on the hardscape infrastructure in order to meet the requirements of GASB 34 and that staff should beawarding a contra ctby the end of this fiscal year. FEBRUARY 17, 2004 PAGE 8 CITY COUNCIL Develop Sidewalk Curb Replacement Fund CM/Lowry explained that funding exists inside the special fund for gas tax in the amount of $75,000. She related that since the replacement fund is a concept that staff is managing within current resources, the Goal could be removed. Workshop should bean action -oriented, practical and systematic discussion on creating a vision statement for the City's future, and other goals CM/Lowry explained that this item had been discussed earlier during comments on visioning and rearranging the goals. Develop an Entryway Sign to Display Service Clubs within the City CM/Lowry reported that CSD/Rose is collecting samples of signs posted in other cities. CSD/Rose displayed an example of one of the better signs currently posted in Orange. 3) REDUCTION OF REGIONAL TRAFFIC IMPACTS ON LOCAL STREETS Effectively and Aggressively pursue City-wide Speeding CM/Lowry reported that staff is on top of this and that it has become a part of"who the City is" on an everyday basis. Computerized Signal Maintenance System CM/Lowry stated that this item was a work in progre sswith the County and may not be implemented by the end of next year. This is a long-term Goal. Pursue and Monitor Traffic Solutions CM/Lowry stated that this issue is more of a regional matter while atthe same time it is an ongoing description of D.B. She referred to the presentation by Mr. McDermott stated that the City needs to keep traffic consultants on -board to help monitor various traffic solutions. Support ACE Funding Requests and Construction of Nearby Rail Grade Crossing Projects CM/Lowry stated that ACE would also be part of the overall regional traffic view along with the SR60 project. Mr. McDermott will behelping the City so that Council will be able to participate on many regional levels. 4) PROMOTION OF VIABLE COMMERCIAL ACTIVITY: M/Zirbes asked if there were any Objectives that Council wanted to discuss in this area. No comments offered FEBRUARY 17, 2004 PAGE 9 CITY COUNCIL 5) CREATION OF COMMUNITY ENVIRONMENT: Pursue and promote joint development/u se of facilities, parks and open space w/PUSD & WVUSD CM/Lowry stated that CSD/Rose is working on joint -use agreements. CSD/Rose stated that a Mount Calvary/Lutheran School Joint Use Agreement would be forthcoming, with others to follow. That also is "who we are, that's what we do". Establish departmental procedures for returning calls within 24 hours; staff to draft letter for Council in response to community letters In addition to the City's Customer Response Management system, CM/Lowry pointed out that written responses have also been completed in a more timely manner with the addition of Legislative Analyst Clarke. Provide proposal hire Part-time Neighborhood Improvement Officer to work 10-15 hours week C/O'Connor questioned if the new Neighborhood Improvement Officer working on Sundays, citing that she noticed signs up on Sunday. DCM/DeStefano commented that currently Mr. Flacks was not because he has taken over many of the hours while Mr. Flores is on leave. He is, however, working Saturdays as well as approximately 24 -hours weekdays. He will be back on weekends when Mr. Flores returns to work, around the first of March. Consider development of a sports complex CM/Lowry reported that the Sports Complex Task Force has been established, having had approximately five meetings to date. Review parking ordinances, and other goals CM/Lowry commented that this item was dealt with in conjunction with street sweeping, and requested it be removed as there does not seem to be a viable definition atthis time as to "oversized vehicle". C/O'Connor and MPT/Herrera recalled that a definition was to be prepared. C/Huff recalled Council's last discussion was the attempt to ban SUVs. Brief discussion ensued as to what constituted oversized vehicles, weight or height range, citing vans, motor homes, semi -trucks. C/Huff recommended staff review the criteria and bring it back for Council consideration. M/Zirbes commented to include height, width, and length. Establish process to evaluate sports need within community CM/Lowry reported that the Community Sports Complex Task Force is ongoing. Develop cost/benefit report to consid er bringing street sweeping in-house This matter will be brought for Council consideration in March. FEBRUARY 17, 2004 PAGE 10 CITY COUNCIL Implement Trails Master Plan This item is also ongoing. Improve southside fencing from Evergreen to DB Blvd. CM/Lowry commented that this matter has yet to be addressed and needs to remain. Coordinate with the Post Office and Federal representatives to resolve zip code issues. This is still an ongoing matter. Inform residents of needed permits CM/Lowry reported that there are many methods in place to get this information to the residents. It was the consensus of Council that this matter is ongoing. Compile list of properties desired for parks/open space, develop plan and financial method of possible acquisition CM/Lowry reported this item is completed. Study alternate uses of library site if funding fails There has been no study done thus far. M/Zirbes asked ifthere wereany other comments orquestions. C/Chang voiced concern that bycombining thegoals in this manner, the priorities ofthe projects may be diluted. He emphasized the importance of retaining a system identifying the projects' priorities within the categories. He cited the Library project as an example, how itwas a #1 priority but is now on the lastpage, the last item for consideration. M/Zirbes commented that M/Chang made a good point; that perhaps the ranking sheets can be reviewed, in addition to how the item is brought forward in the visioning statements. PUBLIC COMMENTS Nancy Lyons, Friends of the Diamond Bar Library representative, commented that the new Diamond Bar Center isgorgeous; she isable toview italmost every day in her travels. She commended staff on a job well done. She commented that the City's Website does not display the Library; it'sa picture of Diamond Crest, and wondered if it's because the current Library is unsightly. She understands that staff was diligent in preparing a grant application, hand -carrying the boxes to Sacramento. She voiced concern of the odds of Diamond Bar being selected and current media reports that LA County closing libraries. Ms. Lyons suggested establishing a task force forthe new library, aswas done with the Sports Complex, and get some people involved. The Friends are very interested but there are lot ofother people that are interested as well. She expressed disappointment in seeing the Library issue last on the list. FEBRUARY 17, 2004 PAGE 11 CITY COUNCIL Kathleen Newe, Friends ofthe Diamond Bar Library, concurred with the previous speaker. She reported that she was a member of the original task for the Center and some things changed and that was understandable. She was concerned with the library being considered for alternative uses; if there is no monies for a library, then how isthere monies for any other facility. This isan ideal location for a library, and monies have already been spent; grading the area, not to mention the bond sale. She reiterated the need for a new library facility. She commented that although there were differences with the shape, size, and design, the one main focus was there would be a community center and a library. She encouraged Council not pursue alternate uses but continue to look for funding. Jerry Hamilton, Diamond Bar resident, voiced a safety concern traveling on the road to the new Center; it being only a two -I ane road, the drop of the cliff, drivers speeding, and the potential for party -goers to drink -and -drive. He suggested placing sheriff personnel and volunteer patrol members atthe site. 10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the study session at 6:28 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2004. Bob Zirbes, Mayor Agenda No. 6.1 .2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 2, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 5:45 p.m. in Room CC -8 of The Government Center/South Coast Air Quality Management District, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chan g, Huff, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Also present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Nancy Whitehouse, Executive Assistant; April Blakey, Public Information Manager; Marsha Roa, Communications & Marketing Coordinator; Sara West, Recreation Supervisor; Fred Alamolholda, Senior Engineer and Sharon Gomez, Senior Management Analyst. Revision of Diamond Bar Center Policies: CSD/Rose distributed updated versions ofthe staff report and Facility Use Policy and stated that the revision includes new information regarding the use of incense, a correction from $155 per hour to $165 per hour for weekdays listed in Group E and a clearer example of the suggested changes: He pointed out that the staff report contains names for each of the rooms in the D.B. Center selected by staff, i.e., the Grand View Ballroom; the Sycamore Room (patio room), Birch Room (computer room), the Pine Room (senior room) and the Oak Room (the room with hardwood floors). Following discussion regarding the capacity of the Grand View Room, CSD/Rose agreed to correct the policy to indicate that the capacity is 487 persons; with a 1000 sq. ft. dance floor, the capacity would be reduced to 420 and with a 500 sq. ft. dance floor, the capacity would be454 persons. CSD/Rose further stated that, originally, no provision for rental of the facility had been made for use of the ballroom on New Year's Eve. He suggested that New Year's Eve be added utilizing the same rates as charged on weekends and requiring a minimum use of two-thirds of the banquet room. He explained that staff will recommend changing the weekend portion of the policy to also require two-thirds minimum capacity on weekends to give the City an opport unity to earn the most amount of revenue to support the facility. Further, he said that staff would be recommending that smaller uses of the ballroom would be scheduled on weeknights. In response to C/O'Connor's question regarding splitting use of the ballroom for different event, CSD/Rose explained that staff has not yet booked the room in that manner because no one is sure yet how well the moveable walls will block noise. He reported that, to date, staff has March 2, 2004 PAGE 2 CC STUDY SESSION booked 49 paid rentals with a revenue projection of approximately $96,000. In response to MPT/Herrera, CSD/ Rose explained that senior groups would be required to pay weekend rates for New Year's Eve unless the City wishes to co-sponsor the event. The seniors would also have free access to the senior room and free access to Heritage Park Community Center for their events. He further stated that bookings are on a first- come, first-served basis. Regarding conflicting noise between the senior room and the ballroom, CSD/Rose stated that staff is not anticipating a conflict unless doors are left open, etc. Regarding usage of the rooms for Thanksgiving and Christmas, CSD/Rose reported that staff recommended that the Center be closed on those days. If it turns out that there are staff members willing to work on those days, then staff would consider renting out the rooms at the weekend rate. CSD/Rose addressed the recommended revision to No. 4 on the staff report by stating that weekend use of the banquet room would require a minimum of six -hour rental period with a minimum two-thirds occupancy. Setup and takedown times are included in the 6 hour minimum. Regarding item No. 5 on the staff report, CSD/Rose stated that this option was added after several senior groups questioned whether they could use the banquet room free of charge when it has not been booked by another p a rty. C/O'Connor asked why provision No. 5 would not be extended to other non-profit groups. CSD/Rose explained that the estimated discounted rate represents a large subsidy bythe City and won't cover the costs ofthe event. He stated that staff felt that if the banquet room were made available to the seniors on occasion at a reduced cost, perhaps requests for the City to provide them their own facility would be minimized. Discussion ensued regarding the costs of the subsidy and revenue sources for such expenses. CSD/Rose explained that setup, take down and staffing for 100 people would require one staff person, while setup, take down and staffing for 300-400 people would require 3 staff members. C/O'Connor suggested that provision No. 5 be amended to reflect that the $20/per hour charge is only for events up to 100 persons and that the fee would increase to $40/per hour for events over 101 persons. March 2, 2004 PAGE 3 CC STUDY SESSION MPT/Herrera suggested that provision No. 5 be changed to reduce the 21 - day requirement to 7 days. C/Huff suggested that provision No. 5 be considered again after the Center had been operational for a while. He said that staff may want to consider limiting the number of times the groups can hold a subsidized even t. Following further discussion, MPT/Herrera pointed out that setup and take down is included in the cost estimate and minimum event time. In response to C/Huff regarding setting aside funds for future maintenance and repairs, CM/Lowry responded that staff has considered separating the banquet center from the community center and creating an enterprise fund to provide isolation of the costs and carry its own fund balance. Council agreed with the concept presented by CM/Lowry for establishment of an enterprise fund. Jeff Koontz, Executive Director, D.B. Chamber of Commerce asked for a clarification regarding the setup time and teardown time for rental of the Cen ter. RS/West responded that rooms will be set up to the specifications of the renter before the reservation begins. Further, she explained that during the cleanup hour after an event, renters will leave the room as they found it and staff will remove the tables, chairs, dance floor, etc. after the renter has left. Renters do not pay for setup and take down times by Center staff. RS/West indicated that the $20 proposed hourly rate also does not cover extra staff needed for set up and take down when there are back-to- back events. C/O'Connor suggested raising the rate to $50/hour to cover staff set up and take down times. CSD/Rose offered that the City could charge renters for the exact time for staff setup and take down. Following further discussion regarding setup and take down fees, the Council agreed to continue the decision until a later date after staff has had an opportunity to factor in the staff time needed so that a reasonable charge can be established that will not result in the City subsidizing these types of events. Community Services staff will provide a report via the City Manager's Weekly after further review of the issue. C/Huff asked why some of the rooms were named Pine and Birch rather than using the names of trees that are indigenous to the area such as March 2, 2004 PAGE 4 CC STUDY SESSION Walnut and Pepper and suggested that the names be changed. In addition, he mentioned that changing the name of the facility to the "Grand Center at Summitridge Park" seems more elegant for marketing purposes and that Council discussion could still take place on that issue. CSD/Rose responded that staff has found that using the name "Diamond Bar Center" was a stroke of genius from a marketing standpoint. He said that if the title of the building included the word "community", the public would think of it as being similarto a YMCA building. In response to C/O'Connor, CSD/Rose explained that the L.A. Fire Department is indeed requiring information given to Council and Fire Department requires all user lights attheir facilities. a permit for tea lights despite the staff earlier. He further stated that the to get a free permit for the use of tea M/Zirbes said he understood that as long as the City used tea lights already approved bythe County,that would beenough. MPT/Herrera indicated that she was under the impression that the City was going to maintain a supply and furnish the approved tea lights. CSD/Rose explained that staff has learned that each potential renter has his or her own color scheme in mind so it was decided that the renter should get them through a caterer and obtain separate approval. M/Zirbes requested that staff obtain a copy of the actual regulation from the Fire Department so that the City Attorney could review it to determine the exact requirements. CSD/Rose reported that there were two other changes recommended by staff in the Facility Use Policy: addition of a requirement for a $100 cleaning deposit from non-profit groups and inclusion of provision for the City to contract with a private security firm for certain events for which the user would pay directly. He said that the Sheriffs Department will make recommendations to the City when, in their opinion, security is needed. Regarding the issue of using incense in the Center, CSD/Rose stated that staff visited the Westin Hotel in Costa Mesa to pick up a copy of their written policy regarding incense but all the policy said was "all decorations incorporating candles must meet with the approval of both the catering department and the Costa Mesa Fire Department." He said that the Westin allows Incense and described the presentation of the incense as being placed on a hot brick type of thing that allows the incense to burn. In addition, he stated that the catering sales manager indicated that al weddings where incense is used, the groom traditionally arrives either on March 2, 2004 PAGE 5 CC STUDY SESSION a horse or an elephant. He reported that staff has not identified any city facilities that allow incense to be used inside. C/Huff stated that he was aware that asignificant portion of the community would wish to use incense or smoke or something for their wedding ceremonies and they would like to use the D.B. Center: He felt it was important for the City to figure out exactly what should be allowed Following further discussion, CSD/Rose stated that staff would research the matter further and include that information in a report in the City Manager's Weekly Report. With regard to room rental fees, CSD/Rose explained that the City is currently charging $675 for a 6 -hour minimum weekend use in the banquet room by non -prof it organizations . After comparing square footage, room capacity and amenities with other community centers in the area, he stated that staff was recommending that the hourly rate of $112.50 be increased to $150 with a six -hour minimum for the banquet room. CSD/Rose further stated that the banquet room has already been reserved for nearly every Saturday through the end of the year. M/Zirbes stated that he supported the proposed fee increase and that the Council can re -visit the fee schedule in six months or so to determine whether the rates are still applicable. C/Chang expressed concern that the private sector would be expected to pay $300 an hour for the banquet room on weekends while non-profit organizations would only bepaying $150 an hour. In response to M/Zirbes, CSD/Rose explained that the current rate for the private sector is $165 per hour plus $50 per hour for the kitchen. The new rate of $300 would include use of the kitchen. Council concurred to direct staff to provide an analysis of the proposed rates when preparing the report to be included in a future City Manager's Weekly report. 2. Budget and Goals Review FD/Magnuson reported that the estimated current budget numbers reflected on the staff report were created by using original budget numbers from last July and entering adjustments approved by the Council She stated that the yearend projection for revenues in the General Fund only will be approximatel y $14,037,000 and, based on the current appropriation amount of $13,861,800, the City will have a yearend with projected excess revenues over appropriations of approximately $275,300. She further stated that Fund Balance Reserves atthe March 2, 2004 PAGE 6 CC STUDY SESSION beginning of the year totaled $22,270,487 and staff had originally estimated that approximately $1,824,000 in General Fund Reserves would be used for CIP projects. She explained that staff is reviewing the CIP project listand considering delaying some ofthem and atthe current time, Fund Balance Reserves is estimated to be approximately $20,721,650 at yearend which is about $100,000 less than the original projection at the beginning of the fiscal year. She reported that the City has begun receiving the full, normal amount of motor vehicle in lieu taxes so it is estimated that the City may only lose approximately $300,000. Jeff Koontz commended the Council and staff on the progress made in constructing the Diamond Bar Center and on the phenomenal marketing that has already taken place. ADJOURNMENT: With no further business to conduct, M/Zirbes adjourned the Study Session to the regular meeting at 6:35 p.m. LYNDA BURGESS, City Clerk The foregoing minutes are hereby approved this 6th day of April 2004. BOB ZIRBES, Mayor Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2004 CALL TO ORDER: Chairman Tye called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Gover nment Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the Pledge of Allegiance. 1. ROLL CALL Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners Steve Nelson, Jack Tanaka and Osman Wei. Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Approval of February 10, 2004, Regular Meeting minutes. C/Tanaka moved, C/Nelson seconded, to approve the February 10, 2004, Regular Meeting minutes ascorrected. Without objection, themotion was so ordered. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-04, Minor Use Permit No. 2004-01 and Tree Permit No. 2003-06 (pursuant to Code Sections 22.48.020(a)(1), 22.56.020 and 22.38.020) is a request to construct a first and second story and basement addition, garage enlargement and deck totaling to approximately 6,285 square feet to an existing two story single-family residence which includes a three cargarage totaling to approximately 4,600 square feet. The request also includes a Minor Conditional Use Permitdue to the existing legal non -conforming front yard setback. The Tree Permit is related to the removal and replacement of one oak tree and the protection of other oak trees on the project site. PROJECT ADDRESS: 23807 Ridgeline Road (Tract 30091, Lot 60) Diamond Bar, CA 91765 PROPERTY OWNER: Dushant Ahuja 23807 Ridgeline Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 N. Benson Avenue, Unit C Upland, CA 91764 AssocP/Lungu presented staffs report. Staff recommends Planning Commission approval of Development Review No. 2004-04, Minor Conditional Use Permit No. 2004-01 and Tree Permit No. 2003-06, Findings of Fact, and conditions of approval as listed within the resolution. C/Ta n a ka asked that the reference to a r ch itectu ra I style be corrected to rea d Tudor. Pete Volbeda, applicant, reported that he worked with the City's Planning staff to reduce the appearance of the height on the rear of the residents by extending the deck across the entirety of the rear of the structure to permit more stepping in the massing. He read staffs report and concurs with the conditions of approval. Chair/Tye opened the public hearing. There was no one present who wished to speak on this item. Chair/Tye closed the public hearing. AssocP/Lungu indicated to Chair/Tye that the 3:1 tree replacement would occur on site. C/Tanaka moved, C/Wei seconded, to approve Development Review No. 2004-04, Minor Conditional Use Permit No. 2004-01 and Tree Permit No. 2003-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried bythe following Roll Call vote: AYES: COMMISSIONERS: Tanaka, Wei, Nelson, VC/Nolan, Cha ir/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMM E NTS/INFORMATIONA L ITEMS: C/Nelson stated that tonight ishis lastnight onthe Commission. Heexpressed his gratitude to Planning Staff. When he was Chairman of the Planning Commission he could always look to DCM/DeStefano for assistance. Hebelieved the Commission had few questions of staff because the project reports were so comprehensive , well done and thorough. Hewelcomed Commissioners McManus and Low and expressed his gratitude for the support of his fellow Commissioners. He felt positive about the group's accomplishments and appreciated the opportunity to participate in positive changes that have occurred in the City. VC/Nolan was pleased to see new signage at the corner of Grand Avenue and Diamond Bar Boulevard. He hoped that staff could successfully work with the association to remedy the corner just north of Sycamore Park. Addressing Commissioner Nelson, VC/Nolan said heappr eciated all that Mr. Nelson had done. Among other things, C/Nelson was the resident Arborist, environmentalist and biologist. VC/Nolan said hewill miss Mr. Nelson's participation and expertise. Chair/Tye appreciated the factthat the Planning Commission was very dedicated to its purpose and was non -politic al. He said he would miss C/Wei and C/Nelson. Chair/Tye said he greatly appreciated C/Nelson's perspective and his professional and thorough consideration of matters brought before this body. On various occasions, Mr. Nelson caused him to look at issues from a different perspective, helped him to understand other sides ofan issue and persuaded him to change his thinking. Chair/Tye said he would miss Mr. Nelson's keen insight and association with the Commission. Diamond Bar is a better place because of Mr. Nelson's involvement. 9.1 Public Hearing dates for future projects — as itemized in the agenda packet. DCM/DeStefano agreed with Chair/Tye's comments regarding Mr. Nelson and Mr. Wei. Staff will miss their participation in Diamond Bar's future. He thanked C/Nelson for his comments regarding staff and responded that itis staffs mission to assist Commissioners toward making the bestpossible decision for the community. The City Council is tentatively scheduled to recognize Mr. Nelson and Mr. Wei at their meeting of March 2. The Planning Commission and staff wish to invite Mr. Nelson and Mr. Wei back to the March 9 Planning Commission for formal recognition. Also on March 9, the City Clerk will swear in the new Commissioners. On that same night the Commission will reorganize and consider election of Chairman and Vice Chairman. DCM/DeStefano referred to informational items placed at the dais this evening — drawings presented to the City Council IastTuesday night for potential revitalization ofthe Country Hills Towne Center and a copy ofan engineering scope ofwork with McDermott Consulting for long-range transportation consulting and most especially to assist the City in its focus for a permanent SR57/60 fix. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 7:30 p.m. Respectfully Submitted, James DeStefano, Deputy City Manager Attest: Steve Tye, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.DJTHE GOVERNMENT CENTER 21865 E. Copley Drive FEBRUARY 26, 2004 CALL TO ORDER: Chairman Hull called the meeting to order at 7:04 p.m. in the SCAQMD/Governmen t Center Building Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torres led the Pledge of Allegiance. ROLL CALL: Present: Chairman Hull, Vice Chairman Grundy and Commissioners Lyons and Torres. Commissioner Lui and was excused. Staff: Bob Rose, Director of Co mmunity Services; Anthony Jordan, Parks and Maintenance Supervisor; Teresa Arevalo, Senior Management Analyst; Ryan Wright, Recreation Supervisor and Marisa Somenzi, Administrative Assistant. PRESENTATION OF RECOGNITION PLAQUE: To Don Hensley, Parks & Maintenance Superintendent — Retired — for 14 years of service to the Diamond Bar Community -presented by Mayor Zirbes and Chairman Hull. Chair/Hull introduced Ling Ling Chang, Vice Chairperson ofthe Diamond Bar Community Foundation and his replacement on the Commission. Chair/Hull welcomed Benny Liang, incoming Commissioner. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: Aspresented in the agenda and amended by CSD/Rose to include the Friday, March 26 evening Gala Reception for the Diamond Bar Grand Opening. Atthe request of Chair/Hull, CSD/Rose explained the timeline for reopening Summitridge Pa rk. FEBRUARY 26, 2004 PAGE 2 P&R COMMISSION FEBRUARY 26, 2004 PAGE 3 P&R COMMISSION 1. CONSENT CALENDAR 1.1 Regular Meeting Minutes for January 22, 2004. Chair/Hull asked that his comments regarding the Snowfest Foundation Booth becorrected to read, "that after Ernie Delgadillo left, had itnot been for Ling Ling Chang and Andrew Wong he likely would have been there by himself the rest of the day." C/Torres moved, VC/Grundy seconded, to approve the minutes of January 22, 2004 regular meeting asamended. Without objection, the motion was so ordered with C/Lyons abstaining and C/Lui being absent. 1.2 Transmittal of information about CPRS Conference in Anah eim, California — Received and filed. VC/Grundy asked if staff was more involved in this year's conference. CSD/Rose said that staff is involved in the planning of the opening general session. Due to the incredible amount of work in getting the new Diamond Bar Center prepared for its opening staff does not have the time to participate any further this year. C/Lyons asked for staff's recommendation of the top five sessions. CSD/Rose responded that hewould forward his recommendations via email to the Commissioners. CSD/Rose explained the CPRS Conference breakout agenda and commented on some sessions and speakers. 2. INFORMATIONAL ITEMS 2.1 Introduction of Anthony Jordan, Parks and Maintenance Supervisor. 2.2 Youth Master Plan update — CSD/Rose VC/Grundy reiterated his concern about the quality of the survey and whether the length of the survey deterred respondents from providing good a n swers. C/Lyons felt it would be interesting to know how many people started the survey and abandoned the process before its completion. VC/Grundy asked for a report on the results at the next meeting. Commissioners concurred that they would like copy of the survey to study prior to the next meeting. Chair/Hull spoke about Pomona's grant program for field repair. The grant involved millions of dollars. When information becomes available, hewould FEBRUARY 26, 2004 PAGE 4 P&R COMMISSION pass it along to the Commission. 2.3 Recreation Program Report — RS/Wright C/Lyons asked if the City Council directed staff to provide only six Concerts in the Park in 2004. CSD/Rose responded that staff anticipates Council will stay within the same budget and provide six concerts this coming summer. The Foundation paid for one last year for a total of seven. C/Lyons said it was a shame the City had to cut back on the number of concerts because she felt the Concerts were the best dollar value entertainment for residents. CSD/Rose explained that because the City had added other events such as the Winterfest, Veterans Day, Arbor Day, etc. the offset would beto cut back on the Concerts in the Park. C/Lyons felt that $2,000 per event was a small price per resident. CSD/Rose explained the City's budget situation and long-term concerns. C/Lyons moved, that the Parks and Recreation Commission request that the City Council consider adding one Concert in the Park for a total of seven regular Wednesday concerts. CSD/Rose reminded the Commissioners that before they move to vote, this matter should beplaced on a future agenda for consideration to comply with the Brown Act. C/Lyons withdrew her motion. RS/Wright responded to Chair/Hull that children ages 4 throug h 9 are able to participate in the City's Youth Soccer program. Chair/Hull announced that AYSO recently created an "Under Five" program 2.4 Diamond Bar Community Foundation Oral Report — Chair/Hull Chair/Hull reported that the last two months the Foundation has not had a quorum. However, they have a quorum for tonight's meeting. Thus, there is no further report. 2.5 C.I.P. Program Report — CSD/Rose a. Diamond Bar Center —Under construction. Anticipated completion for the March 20 Grand Opening. VC/Grundy asked if the City had made arrangements for off-site parking. CSD/Rose said he would check with the City's marketing department. FEBRUARY 26, 2004 PAGE 5 P&R COMMISSION b. Trail Development at Sycamore Canyon Park CSD/Rose reported that the project consultants are near completion with the plans and specifications and waiting for staff to provide final details of City standards for certain parts of the plan. C. Summitridge Park CSD/Rose reported that the plans for the Tot Lot and Restroom portion of the project are at about 75 percent completion awaiting additional information from staff. The project should be out -to -bid in about 30 days following plan check. d. Starshine Park Improvements - construction documents are near completion. e. Sycamore Canyon Park Improvements - Phase II - construction documents are near completion. CSD/Rose responded to C/Lyons that the City expected Phase II to becompleted prior to June. With respect to Phase III, this item will be discussed during Fiscal Year Budget considerations for 2004/05 during March and April. VC/Grundy suggested the City consider doing this project in four phases with the third phase including everything except the building. CSD/Rose stated that in order to finish Phase III the portable building must be moved. The consideration is whether the City moves the current building to the back orreplacesthat building with atriple wide to include an ADA accessible restroom. VC/Grundy felt itwould benefit the Council for the Commission to offer alternatives to assist in moving the project forward. CSD/Rose affirmed that there is a tremendous amount of interest in the Diamond Bar Center and that could affect the time line for the Sycamore Canyon Park project. VC/Grundy and C/Lyons offered that the ad-hoc committee could meet to discuss possible alternatives. 2.6 Sports Complex Task Force update - C/Torres and VC/Grundy VC/Grundy reported that during the last task force meeting, the group looked at how to best use what the City has available in terms of amenities and venues. He again stated that Mayor Zirbes has skillfully managed the meetings and a great deal of progress has been made. The group is very focused on the task at hand. The next meeting the task force will look at recommendations for meeting the City's needs within the current budget constraints leading to a recommendation to the City Council. FEBRUARY 26, 2004 PAGE 6 P&R COMMISSION C/Torres concurred with VC/Grundy. The task force has moved from the ultimate "wish list" to reality. The meetings have been very positive. 2.7 City Birthday Party Committee update - C/Lyons. C/Lyons reported that the committee met today and plans are on schedule. She complimented staff members Sara West and Ryan Wright for their excellent presentations and organization. Commissioners will have an opportunity to acquire birthday celebration T-shirts. 3. OLD BUSINESS - None 4. NEW BUSINESS: 4.1 Selection of Commission Represent ative to the Diamond Bar Community Foundation: C/Torres volunteered to represent the Parks & Recreation Commission as a member of the Diamond Bar Community Foundation. There was no objection. 4.2 Schedule next series ofpark walkthroughs -continued tothe regular March 25, 2004 meeting. CSD/Rose complimented the representatives ofTru- Green and Valley Crest. Both companies are very responsiveand the appearance of the City's parks has greatly improved. 4.3 Future agenda items for the Parks and Recreation Commission: Selection of Chairperson and Vice Chairperson for Co mmission for the next year - March 25, 2004 meeting. 5. ANNOUNCEMENTS : C/Lyons reminded everyone that the "Friends of the Library" Wine Soiree would be the first event held in the Diamond Bar Center. Tickets are $10 less ifpurchased this weekend. She asked CSD/Rose to elaborate on the budget process because she isveryconcerned about the appearance ofthe Sycamore Canyon Park trailer. CSD/Rose responded that during the March 25 meeting the Commission would be asked to prioritize a list of proposed projects for recommendation for the City Council to consider during the upcoming budget process. C/Lyons asked for staff to let the City Council know that she would like to see an additional summer concert scheduled, possibly on Wednesday, June 23. CSD/Rose stated he would place this request in the City Council "Weekly" report. C/Lyons said she has enjoyed getting to know Chair/Hull during their two years of FEBRUARY 26, 2004 PAGE 7 P&R COMMISSION service on the Commission. She wished him well in the pursuit of his future en d ea vo rs. VC/Grundy stated that he has also enjoyed working with Chair/Hull during the past two years and is sorry to see him leave. He has also enjoyed working with C/Lui and wished him well. C/Torres welcomed PMS/Jordan and looked forward to working with him. He reminded everyone that Brahma Bingo continues every Saturday night. He requested that staff provide field closure information during the Recreation Program Report. C/Torres has known Chair/Hull for more than 10 years. When C/Torres became involved in soccer, Jeff Hull was AYSO Regional Commissioner. Mr. Hull says what's on his mind and you always know where hestands. There are very few volunteers who do not seek personal gain and Jeff still has time with his busy schedule with AYSO, this Commission and the Diamond Bar Community Foundation to selflessly volunteer. He is an excellent roll model for other volunteers. C/Torres thanked Mr. Hull for his contributions to the City. Chair/Hull said he appreciated the kind words from his fellow Commissioners. Volunteering his time within the community and to the youth of the community has been his passion for 19 years and finds great joy in this pursuit. He has had a lot of fun on this Commission and enjoyed the association. He thanked staff for their contributions and assistance. He was sorry to leave the Commission but would continue to provide input as a concerned citizen. ADJOURNMENT: Upon motion of C/Lyons, seconded by C/Torres and there being no further business to come before the Parks and Recreation Commission, Chairman Hull adjourned the meeting at 8:40 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Chairman Jeff Hull Agenda No. 6.4 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION FEBRUARY 12, 2004 CALL TO ORDER: Chairman Morris called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management/Gover nment Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Morris led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioners, Torng and Virginkar. Absent: Commissioner Vinod Kashyap Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer, Sharon Gomez, Senior Management Analyst; Debbie Gonzales, Administrative Assistant and Sgt. Chris Blasnek. II. APPROVAL OF MINUTES: A. Minutes of January 8, 2004. C/Virginkar moved, C/Torng seconded to approve the January 8, 2004 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Virginkar, Tomg, VC/Pincher, Chair/Morris NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Commissioner Kashyap III. COMMISSION COMMENTS: None Offered. IV. PUBLIC COMMENTS: None Offered. V. CONSENT CALENDAR: None. VI. ITEMS FROM STAFF A. Traffic Enforcement Update — Report by Sgt. Chris Blasnek - Received and filed on the following items: 1. Citations: 2001, 2002, and 2003 2. Collisions: 2001, 2002, and 2003 February 12, 2004 PAGE 2 T&T COMMISSION Sgt. Blasnek informed the Commission that when a party to a traffic collision reports even minor pain to the officer, that a traffic collision report must be filed. He further explains that this is why it may appear as though the collision numbers were higher. As requested, Sgt. Blasnek explained the Sheriffs Department "Stop Program" to the Commission. The Stop Program (Sheriff/Teen/Of fender/Program) is currently being used in the City of San Dimas, by Lost Hills Sheriff station in an effort to divert chronic offenders of noise and speeding. The program operates via an "800" number to the Sheriff station, a report is taken, and follow-up is made with the parent(s) of the offender. C/Morris inquired about the cost of the program and Sgt. Blasnek answered that cost would be minimal. If approved by the City, he would volunteer to receive calls at City Hall. C/Morris feels that the "Stop Program" could serve as a way to lessen the cost of installing stop signs and speed humps if it is su ccessfu I . PWD/Liu asked how the Sheriff deal with repeat offenders and Sgt. Blasnek replied that one possibility would be that since most teenage drivers have provisional driver licenses, that they could work together with the Department of Motor Vehicles to revoke the license of a repeat offender. The Commission concurred that the Council and the City should look into the program. C/Morris stated that it was the unanimous consensus of the Commission that they recommend the City Council adopts this type of program. 3. Radar Trailer Deployment 4. Results of Traffic Operations 5. Future Deployment ofthe Radar Trailer VII. OLD BUSINESS: None VIII. NEW BUSINESS: February 12, 2004 PAGE 3 T&T COMMISSION A. Request for Keep Clear Pavement Markings on Northbound Brea Canyon Road at Copper Canyon Drive Delilah Knox Rios, 3333 Brea Canyon Road, Suite 119, Diamond Bar, presented to the Commission her concern about not being able to exit out of Copper Canyon Drive onto Brea Canyon Road during the morning and afternoon peak traffic hours because of the intersection being blocked by cars. She further stated the difficulty she experiences when trying to turn onto southbound Diamond Bar Boulevard/Brea Canyon Cut -Off Road atthe SR/57 freeway off -ramp. PWD/Liu responded to her concern about the Diamond Bar Boulevard/Brea Canyon Cut -Off Road off -ramp by confirming that the traffic signal project is in the design phase. C/Tonng asked what would be the cost of "Keep Clear" pavement markings. SMA/Gomez stated that the maximum cost would be $500.00. C/Virginkar concurred that the traffic at that intersection is an issue and that the first step is to put pavement markings. C/Virginkar moved, VC/Pincher seconded, to approve the installation of "Keep Clear" pavement markings at Northbound Brea Canyon Road at Copper Canyon Drive with the addition of a "Do Not Block Intersection" sign. AYES: COMMISSIONERS: Virgin kar, Pincher, Torng, and Morris NOES: COMMISSIONERS: None ABSENT: COMMISSINER: Kashyap IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that on January 20, 2004, the City Council approved the installation of Stop Signs and a Crosswalk on Montefino Avenue at Paseo De Terrado Drive. At that meeting, the City Council also awarded a contract to New West Signal for the installation of traffic signals at Golden Springs Drive/Adel Avenue and at Golden Springs Drive/High Knob Road. X. ITEMS FROM COMMISSIONERS: C/Virginkar relayed concerns of other residents about the difficulty of drivers exiting at Pointer Street at Pathfinder Road near Fire Station #119. PWD/Liu explained that the matter had been addressed by staff after it was confirmed that the intersection is located within the unincorporated areas of the County of Los An g el es. CNirginkar expressed his disappointment about the lack of communication to the Traffic and Transportation Commission regarding the traffic impacts study done for Diamond Bar Center. February 12, 2004 PAGE 4 T&T COMMISSION PWD/Liu responded by stating that the Diamond Bar Center Project went through a public process and certainly staff should work closer with the Commission for informational purposes. PWD/Liu went on to invite the Commission on a tour of the Center with staff next week. C/Morris expressed concern about the 120 -day schedule for the traffic signal project at Golden Springs Drive and Ballena Drive. He also reported to staff that the ped light at the north side of Sunset Crossing Road at Diamond Bar Boulevard, going west to east, is not functioning properly. PWD/Liu responded that staff was made aware of this earlier in the week and that maintenance had been called out to the location. PWD/Liu further stated that the contractor who is working on the Golden Springs Drive and Ballena Drive traffic signal is also working on the Brea Canyon Road and Lycoming Street, Grand Avenue and Shotgun Lane traffic signals. He said that the contractor has been wa iting on the arrival of the signal poles, and that now that they have arrived, the project should be completed by the end of February. M IZ1161 V kyi/-1%0[0]J_1Mr1:11ky,14 Staff reported on the following items: A. Caltrans 57/60 Interchange Improvements PWD/Liu reported that because attendanc a was low at the last meeting, future meetings will be held on a bi-monthly basis. Sgt. Blasnek stated that Sheriffs deputies are made aware of all closures during their morning briefing sessions. Next meeting scheduled for April 14, 2004. B. Speed Hump Update SMA/Gomez reported that fifteen requests for speed humps have been received by the City, and that only six areas qualify for further investigation. Letters were sent to the residents notifying them that there needs to be 67% percent of residents in agreement. C. Chaparral Middle School Traffic Circulation Plan SMA/Gomez reports that after follow-up meetings with the school and Sheriffs Department the existing traffic circulation plan will require some modifications. Staff hopes to implement these modifications with the help of educating the students and parents. February 12, 2004 PAGE 5 T&T COMMISSION D. Golden Springs/Carpio Signal Timing SMA/Gomez reports that City's maintenance crew and traffic engineer checked the timing adequacy atthis location. E. Golden Springs/Sabana Foothill Bus Stop PWD/Liu reports that staff has been out to the site and determined that the bus stop should stay where it is presently located. Staff will continue to observe the condition. 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 9:05 p.m. Respectfully, David G. Liu, Secretary Attest: Chairman Roland Morris AGENDA #6.5 NOTICE REGARDING THE WARRANT REGISTER Please note that the Warrant Register has not been included in the electronic versions of the City Council Agenda Packets on the City's Web Site because severe formatting errors occur when attempting to convert this material. If you are interested in receiving a copy of the Warrant Register, please contact the City Clerk's office at 909-839-7000 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — February 29, 2004 RECOMMENDATION: Approve the February 2004, Treasurer's Statement. FINANCIA L IMPACT: No Fiscal Impact BACKGROUND: Agenda # _6.6 Meeting Date: April. 06, 2004 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II Department Head Attachments: Treasurer's Statement Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 29, 2004 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $21,750,767.89 $1,340,221.63 $1,047,201.93 $616,542.29 $22,660,329.88 LIBRARY SERVICES FUND 80,760.19 80,760.19 COMMUNITY ORG SUPPORT FD (4,454.00) 1,600.00 (6,054.00) GAS TAX FUND 869,581.21 (545,136.31) 324,442.90 TRANSIT TX (PROP A) FD 1,639, 292.35 44,121.45 424,738.81 1,256,674.99 TRANSIT TX(PROP C)I'D 967,042.13 48,004.66 1,015,046.79 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 568,430.32 16,742.71 551,687.61 AB2928-TR CONGESTION RELIEF FD 0.00 0.00 AIR QUALITY IMPRVMNT FD 148,246.09 1,984.75 146,261.34 PARK & FACILITIES DEVEL FD 2,467,934.12 2,467,934.12 COM DEV BLOCK GRANT FD (68,878.13) 21,595.55 (90,473.68) CITIZENS OPT -PUBLIC SAFETY FD 298,122.05 3,022.02 (65,992.80) 229,107.23 NARCOTICS ASSET SEIZURE FD 310,881.90 310,881.90 CA LAW ENFORCEMENT EQUIP PRGM 85,256.59 85,256.59 LANDSCAPE DIST #38 FD 480,179.94 15,688.65 13,804.43 482,064.16 LANDSCAPE DIST #39 FD 267,04 3.46 11,459.26 2,834.22 275,668.50 LANDSCAPE DIST #41 FD 393,685.04 9,511.28 2,095.21 401,101.11 GRAND AV CONST FUND 111,579.53 111,579.53 CAP IMPROVEMENT PRJ FD (2,784,480.74 ) 2,503,594.85 82,555.65 (5,411.18) (368,852.72) SELF INSURANCE FUND 1,236,638.25 1,236,638.25 EQUIPMENT REPLACEMENT FUND 192,866.94 192,866.94 COMPUTER REPLACEMENT FUND 282.43 1,436.34 (1,153.91) PUBLIC FINANCING AUTHORITY FUND 3,742,922.66 413.28 2,514,409.78 1,228,926.16 TOTALS $32,753,700.22 $3,973, 015.06 $4,134,021.40 $0.00 $32,592,693.88 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($550,865.40) PAYROLL ACCOUNT 11,750.27 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($538,365.13) INVESTMENTS US TREASURY Money Market Acct. $763,317.20 LOCAL AGENCY INVESTMENT FD 31,138,815.65 31,902,132.85 US TREASURY Money Market CASH WITH FISCAL AGENT: Account $555,980.41 LOCAL AGENCY INVESTMENT FD 672,945.75 (Bond Proceeds Account) 1,228,926.16 TOTAL CASH $32,592,693.88 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Age nt, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A. LF -Effective Yield -Feb 2004 1.440 Wells Fargo Money Mkt -Effective Yield - Feb 2004 0.390 Union Bank Money Mkt- Effective Yield - Feb 2004 0.860 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.7.1 Meeting Date: April 6, 2004 AGENDA REPORT TITLE: Rejection of Claim — Filed by Stanley Fidel — February 13, 2004 RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Counc it reject the claim filed by Stanley Fidel. FINANCIAL IMPACT: There isno financial implication associated with rejecting this claim. The claim for damage is for approximately $1500.00. Should the claim besuccessful, itwill bepa id by the JPIA. BACKGROUND: On February 13, 2004, Stanley Fidel filed a Cla im for Damages with the City alleging that branch from a City tree broke off and damaged his vehicle. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall besentto the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Asst. City Clerk REVIEWED BY: Deputy City Manager CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.7.2 Meeting Date: April 6, 2004 AGENDA REPORT TITLE: Rejection of Claim — Filed by John Fairley — January 5, 2004 RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Counc it reject the claim filed by John Fairley. FINANCIAL IMPACT: There isno financial implication associated with rejecting this claim. The claim for damage is for approximately $430.00. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On January 5, 2004, John Fairley filed a Clai m for Damages with the City alleging that roots from a City owned tree, in the front of his residence, caused damage to his main water line and therefore needed repair. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Asst. City Clerk IW01MUT/09l Vis Deputy City Manager CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.8 Meeting Date: April 6, 2004 AGENDA REPORT TITLE: Ratify increase of $4,000 to the professional service agreement with Montana Testing and Geological Laboratories (MTGL) for Special Inspection Services atthe Diamond Bar Center for a total contract cost not -to -exceed $114,000. RECOMMENDATION: Itis recommended that the City Council authorize a $4,000 increase to the professional service agreement with MTGL for special inspection services related to the construction of the new Diamond Bar Center. FINANCIAL IMPACT: There are sufficient funds available in the building construction budget for this expenditure. BACKGROUND: To prevent delays in steel fabrication and installation, the City entered into an agreement with MTGL to provide steel inspection services under the City Manager's spending authority ($15,000) atthe beginning of the project. In April 2003 the City Council authorized amendment number 1 to the contract with MTGL in an amount of $45,000 for tota I contract authorization of $60,000. In August 2003 the City Council authorized amendment number 2 in the amount of $40,000 and authorized the expenditure of construction contingency funds to pay for these services. In November 2003 the City Counc it approved amendment number 3 to the contract with MTGL in the amount of $10,000. DISCUSSI ON: Due to additional concrete inspections for site work such as the fire safety pa d, the tum around drop off area and the ADA walkway near the East entry, the City incurred inspection service fees in excess of the City Counc it approve contract amount. To keep the project on schedule for the March 20 th grand opening, authorization for these services was app roved in the field. It is appropriate for the Council to ratify the increase to the MTGL contract. PREPARED BY: Deputy City Manager Attachment 1. Amendment No. 4 AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 4 to the Agreement is made and entered into this 6th day of April, 2004, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "City") and MONTANA TESTING & GEOLOGICAL LABORATORIES (MTGL) (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide Professional Consulting Services, which the Agreement was dated March 10, 2003. (ii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provi de geotechnical observation and testing services for the construction of the Community/Senior Center atSummitridge Pa rk. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1.A Scope of Services of the Agreement is hereby amended to read as follows: "A". Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated Ma rch 10, 2003, for the special inspection services for the Community/Senior Center atSummitridge Park." Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibits "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed ($114,000.00) dollars." Section 3: Each party to this Amendment No. 4 acknowledges that no representatio n by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 4 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: MTGL By: C ity Atto m ey ATTEST: CITY OF DIAMOND BAR Lynda Burgess, City Clerk Linda C. Lowry, City Manager U7_V41111:4I CITY COUNCIL Agenda # 6.9 Meeting Date: April 6, 2004 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Adoption of Resolution No. XX -2004 — Recommending Parole be Denied to Convicted Murderer, Danny Saul Rosales. RECOMMENDATION: Adopt. FINANCIAL IMPACT: There is no financial implication associated with adoption of this resolution. BACKGROUND: On July 20, 1999, the City Council adopted Resolutio n No. 99-62 supporting the denial of parole to convicted murderer, Danny Saul Rosales, for the murder of Barbara Romero. Ms. Romero's mother, Yolanda Gayton -Ruiz, has notified the City that Mr. Rosales is again up for parole and is therefore requesting that the City Council again consider adoption of new resolution supporting denial of Mr. Rosales parole. PREPARED BY: Tommye Cribbins, Asst. City Clerk REVIEWED BY: Deputy City Manager RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT PAROLE BE DENIED TO CONVICTED MURDERER, DANNY SAUL ROSALES WHEREAS, on January 14, 1979, Danny Saul Rosales, while under the influence, attacked four young women, Barbara Romero, Lilia Vasquez, Olivia De La Rosa, and Alice De La Rose with a hunting knife; and WHEREAS, one of the Women, Barbara Romero, died from her wounds; and WHEREAS, two of the other three young women suffered serious abdominal injuries, depriving them of ever bearing children; and WHEREAS, Danny Saul Rosales was subsequently convicted and sentenced to 15 years to life for the murder of Barbara Romero; and WHEREAS, prison diagnostic studies state that authorities diagnosed Danny Saul Rosales as having an unprincipled and antisocial personality with marked features of inadequacy and who accepted no responsibilit y for the attack and appeared to feel itwas fullyjustified, expressing no remorse for his actions; and WHEREAS, according to a prisoner evaluation report prepared by counsel ors atthe California Men's Colony, Danny Saul Rosales, would "probabl y pose an unpredictable degreeof threat to the public ...; and WHEREAS, Deputy District Attorn ey Jim Jacobs who was in charge of prosecuting the case against Danny Saul Rosales has stated "The fact that he (Rosales) was under the influence and blaming this attack on that, shows that he will always be danger to the community;" and WHEREAS, the date of the next parole hearing for Danny Saul Rosales is May, 2004; and WHEREAS, paroled felons can be relocated to ANY community WITHOUT notification to the community at large; and WHEREAS, families and friends of murder victims often suffer a lifetime of anguish and fear of being re -victimized; and WHEREAS, law abiding citizens deserve a safe living environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: Section 1. The parole board is hereby notified that it is the will of the undersigned that Danny Saul Rosales remain in prison atthis time; and Section 2. Parole be DENIED to Danny Saul Rosales. PASSED, APPROVED AND ADOPTED this _________ day of _____________ , 2004. Mayor I, TOMMYE CRIBBINS, Asst. City Clerk of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted ata regular meeting of the City Council of the City of Diamond Bar held on the ___________ day of_______ ____, 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCI L MEMBERS: Tommye Cribbins, Asst. City Clerk CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6. 10 Meeting Date: April 6, 2004 AGENDA REPORT TITLE: LETTER OF AGREEMENT FOR THE LEMON AVENUE RAMPS ON STATE ROUTE 60 BETWEEN THE CITIES OF INDUST RY AND DIAMOND BAR RECOMMENDATION: Approve and authorize the Mayor to execute the Letter of Agreement. FISCAL IMPACT: The Letter of Agreement (LOA) requires no funding obligation on the part of the City of Diamond Bar. The LOA represents a commitment from the City of Industry to provide the "local match" in the amount of $3,000,000.00 for the subject project. BACKGROUND/DIS CUSSION: The propos ed project will construct a partial interchange, consisting of a westbound on ramp and eastbound on/off ramps, on State Route 60 (SR -60) at Lemon Avenue. Also, it is proposed that the existing eastbound on/off ramps at Brea Canyon Road be closed. This would increase the transition distance between the proposed Lemon Avenue on ramp and the eastbound SR-60/southbound SR -57 freeway connector. As provided by Caltrans, the total estimated cost of the entire project is $15,000,000.0 0. In 2003, the City of Diamond Bar prepared and transmitted federal transportati on funding requests to Congressman Miller, to be considered by the House Committee on Transportation and Infrastructure during the re -authorization of TEA -21 process. For the Lemon Avenue Project, the requested amount was $12,600, 000.00 and Industry has subsequently agreed to fund the $3,000,000.00 local match requirement (a minimum of 20%) in the re -authorization request. Upon securing the funding commitment from Industry, staff will request Caltrans to prepare the environmental studies/assessme nt. Director of Public Works Deputy City Manager Attachment: Letter of Agreement April 6, 2004 Mayor Dave Perez City of Industry 15651 Strafford Street P.O. Box 3366 Industry, CA 91744-0366 Re: Lemon Avenue Ramps/State Route 60 Dear Mayor Perez: This letter agreement serves to confirm and memorialize our mutual understandings and agreement relative to a cooperative effort between our two municipalities (the "parties") to plan and ultimately construct a partial diamond interchange on State Route 60 ("SR -60 ") at Lemon Avenue in the City of Diamond Bar. The Lemon Avenue On and Off Ramp Project ("the project") contemplates construction of eastbound on/off ramps and a westbound on ramp to and from SR -60 at Lemon Avenue, and abandonment of existing eastbound SR -60 Brea Canyon Road on and off ramps at Golden Springs Drive. The project would increase the transition distance on SR -60 between the on ramp and the SR -57 freeway connector, thereby improving overall safety of the freeway and reducing the number of accidents at this location. Amore detailed description of the project is contained in the Fiscal Year 2005 Appropriations Request Form attached hereto and incorporated herein by this reference. The parties agree that construction of the partial interchange project will provide benefits to both municipalities. Both municipalities will benefit byan improvement in the flow offreeway traffic in their vicinity and the concomitant improvement in traffic flow on surface streets within their respective boundaries, particularly during peak hours. Indus trywill further benefit byway of an improvement in truck access to industrial properties within that city adjacent to Diamond Bar. The parties agree that the region (of which they are all a part) as a whole will benefit from improvements to regional transportation of the kind exemplified by freeway improvements of this kind.The parties agree and acknowledge that realization of the project will require the cooperation of both of the parties. The parties further acknowledge that in reliance upon the representations and commitments contained herein,Diamond Bar intends to incur expenses, devote staff time and take actions in furtherance of obtaining government funding for planning and engineering ofthe project. Accordingly, the parties agree that the terms hereof are binding on each of them, and that each has secured the approval of this letter agreement by its respective city council with the intention of being bound by the terms hereof. In consideration of the foregoi ng, the parties agree as follows: Diamond Bar will file with the United States governm ent an application for funding to plan, design and engine erthe project. Diamond Bar will file all necessary documents and provide all necessary information required for the processing of its application, and will support and promote its application with due diligence. Within thirty (30) days ofexecut ion of this letter agreement, Industry shall provide to Diamond Bar its check in the amount of $750,000, which sum (or portion thereof) shall be used to pay the cost of preparation of an Environmental Impact Statemen t/Environmental Impact Report (EIS/EIR) for the project in compliance with the National Environmental Protection Act and the California Environmental Quality Act. The total amount expended for preparation of the EIS/EIR will be credited towards Industry's local match commitment provided for in paragraph 3 below. In the event that funding is obtained to design and construct the roadway, Industry agrees to and shall pay one hundred percent (100%) ofthe required local match necessary for construction ofthe project, estimated to be approximately three million dollars ($3,000,000.00), provided that the amount expended pursuant to paragraph 2 above to prepare the EIS/EIR shall be credited towards this local match amount. Upon approval of this letter agreement by your City Council, please execute this agreement below signifying your City's agreement to the foregoing terms, and return itto Linda Lowry, City Manager, City of Diamond Bar. This letter agreement may beexecuted in counterparts, each ofwh ich shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by each party hereto. Your cooperation in the implementation of this important project is much appreciated. Very truly yours, Robert Zirbes Mayor Attest: City Clerk Agreed and Approved City of Industry Mayor Dave Perez Attest: Da te: City Clerk CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6. 11 Meeting Date: April 6. 2004 AGENDA REPORT TITLE: Authorize Disposal of Surplus Computer and Telephone Equipment RECOMMENDATION: Itis recommended that the City Council authorize the disposal of surplus computer and telephone equipment. FINANCIA L IMPACT: There is no cost associated with the disposition of the equipmen t. Any revenue generated from the sale of the computer or telephone equipment will be deposited in the City's General Fund. DISCUSSI ON: The City recently completed significant improvements to its computer network including replacing several network servers that are past their useful life and not performing correctly. During this upgrading of the servers, Information Systems staff were requested to clean out the server room and to identify all surplus equipment. The attached list has been reviewed by the Information Systems Manager and the Deputy City Manager and the items have been determined to be surplus. If approved by Council, staff will dispose of the antiquated computer equipment. The phone system will be brokered by Business Telecommunication Systems for sale to the highest bidder. All proceeds from the sale of the equi pment will be deposit ed in the City's General Fund. The City Attorney has reviewed and approved the attached surplus equipment list. IWC7oJ_\C7o91 ya Deputy City Manager Attachments: 1. List of surplus equipm ent CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.12 Meeting Date: _4/6/04 AGENDA REPORT TITLE: TERMINATION OF CONTRACT WITH P & D CONSULTANT S EFFECTIVE 4/30/04 RECOMMENDATION: Terminate the contract. FINANCIAL IMPACT: Termination of this contract will result in the availab ility $4,045 per month or $48,540 per year for the funding an additional Parks and Maintenance Supervisor position. BACKGROUND: The City Council awarded a contract to P & D Consultants on March 19, 2002 in the amount of $48,540 per year. The purpose of the contract is to monitor water usage on public property to achieve a 20% water use reduction and to a ssist staff with the monitoring of the City's four landscape maintenance contractors. There are two reasons staff is recommending the termination of this contract. 1) Although improvements to th a irrigation systems throughout the City have been made, other circumstances out of the consultant's control, includ ing less than usual rainfall the past two years, has resulted in the consultant not achieving the conserva tion levels expected. 2) If the additional Parks and Maintenance position that staff is seeking is authorized by the City Counc il, the monitoring assistance from P & D Consultant s will no to nger be necessary. Per section 15, the contract can be terminat ed without cause with 15 days written notice. DISCUSSI ON: For the two reasons described above, staff can no longer justify the cost for this contract. Amuch more effective use of the funds would be the authorization of an additional Parks and Maintenance Sup ervisor position. The work performed by P & D Consu Itants will then be absorbed by the two Parks and Maintenanc e Supervisors. Plus, increased water conservation goals can be achieved by installing a centralized irrigation system, the system recommended by P & D Consu Itants as the best program available forthe City of Diamond Bar to conserve water. Staff will propose this system during the 2004/05 FY budget process. IVATA 1WA=102:'q Bob Rose James DeStefano Director of Community Services Deputy City Manager Attachment: Contract with P & D Consultants CITY COUNCIL Agenda No.: 6.13 Meeting Date: April 6, 2004 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE CREATI ON OF INCENTIVES FOR COMMERCIAL SHIPPING COMPANIES AND CARGO OWNERS TO USE EXTENDED GATE HOURS AT AREA PORTS RECOMMENDATIONS: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND / DISCUSSION: According to the Select Committee on California Ports, there are currently34,000 commercial truck transport trips made per daythat originate from the ports of Los Angelesand Long Beach. It is estimated that this figure will swell to 90,000 trips per day by the year 2020. Many of these vehicles travel up State Route 710 and continue east on either State Routes 10 or 60. The east/west corridor created by these two highways is nestled in the heart of the San Gabriel Valley. Respondingto these and other indicators, Mayor Pro Tem Carol Herrera attended a hearing before the Select Committee on California Ports in February 2004 to address the fact that commercial traffic to and from the ports in Long Beach and Los Angeles has a major impact on the San Gabriel Valley. The peak hours of port and terminal use by shipping companies are 8:00 a.m. and 5:00 p.m. During these hours traffic congestion severely impacts commuters and residents of the San Gabriel Valley, delaying commerce and forcing traffic onto city streets. The airquality during these hours is at times unhealthyand could exceed federal standards threatening the award of federal funds for certain projects. There are efforts under way that would make it a `privilege'to transport cargo by commercial motor vehicle into or out of the Port of Los Angeles or the Port of Long Beach during the hours of 8:00 a.m to 5:00 p.m. on Monday to Friday. In other words, the proposals would create an incentive for companies to use the ports during off-peak hours for shipping and transport. Ideas include levying fees on shipping companies, trucking companies and/orcargo owners such as large wholesalers for using port terminals at peak hours. One proposal would have the revenue from the fees be deposited in a fund and expended to benefit certain projects that help alleviate congestion caused by peak hourterminal use. Others would advocate giving tax credits to companies that used off-peakhoursto do business. This resolution does not supportany particular plan to relieve traffic in the San Gabriel Valley. It simply supports the conceptof extending port gate hours in the hopesthat it may help spread the flow oftruck traffic along the State Routes 60 and 10 across more hours. This could resultin less congestion and air pollution. Prepared by: Jim Clarke, Legislative Analyst V4Y9A11i0*]on►C911111lI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE CREATION OF INCENTIVE S FOR COMMERCIAL SHIPPING COMPANIES AND CARGO OWNERS TO USE EXTENDED GATE HOURS AT AREA PORTS WHEREAS, the San Gabriel Valley is located at the crossroads of no fewer than five major Southern California highways; and WHEREAS, two of those highways - State Route 60 and State Route 10 - are used as a major east/west corridorfor commercial transportation purposesto and from the Port of Los Angeles and the Port of Long Beach; and WHEREAS, most usage of the port terminals and state highways occurs during the hours of 8:00 a.m. and 5:00 p.m.; and WHEREAS, the traffic congestion duringthese hours severely impacts commuters and residents of the San Gabriel Valley, delaying commerce and forcing traffic on to city streets; and WHEREAS, the air quality during these hours is unhealthyand could exceed federal standards threatening the award of federal funds for certain projects; and WHEREAS, use of extended port terminal hours for commercial shippingand transportation purposes could reduce traffic during peaktravel periods and curb emission levels throughoutthe entire day, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS the creation of incentives for commercial shipping companies and cargo ownersto use extended gate hours at area port terminals; and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adoptthe Resolution and the City Clerk shall certify to the adoption SECTION 2. That the City Council of the City of Diamond Bar asks all state and local elected officials and Diamond Bar residentsto support creation of incentives for commercial shipping companies and cargo owners to use extended gate hours at area port terminals SECTION 3. That City Staff shall forward a copy of the certified resolutionto the following: Assemblyman Alan Lowenthal, Chair, Select Committee on California Ports Norman Fassler-Katz, Senior Consultant, Select Committee on California Ports Assemblyman Bob Pacheco Senator Bob Margett League of California Cities, L.A. Division PASSED, APPROVED AND ADOPTED this day of __'2004 Mayor I, TOMMYE CRIBBINS, Asst. City Clerk of the City of Diamond Bar, Californiado hereby certify that the foregoing Resolution was duly and regularlypassed and adopted by the City Council of the City of Diamond Bar, California, at its regularmeeting held on the day of 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: rommye Cribbins, Asst. City Clerk CITY OF DIAMOND BAR CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Linda Lowry, City Manager DATE: April 6, 2004 Agenda # Meeting Date: April 6, 2004 AGENDA REPORT SUBJECT: Authorize City Manager to approve an extension in the amount of $32,200 to professional services agreement with Analytical Planning Services, Inc. (APSI) for construction management services associated with the Diamond Bar Center RECOMMENDATION: City staff recommends that the City Council authorize the City Manager to approve an extension to the construction management services contract with APSI in an amount not -to -exceed $32,200. FINANCIAL IMPLICATION: There are sufficient funds in the project account through the mid -year budget adjustment on tonight's agenda to pay for these services. The original contract with APSI ($530,000), amendment 1 ($101,237), and this proposed amendment 2 ($32,200) will bring the total authorized expenditure for construction management services to $663,437. BACKGROUND The City entered into an agreement with APSI for construction management services on the Diamond Bar Center project. The project was scheduled to be completed in February 2004. However, delays due to inclement weather and other construction related issues have delayed the official completion date. We expect the facility to be complete in the next few weeks. The amendment to the professional services agreement will allow APSI to remain onsite until the completion of the project, complete and inspect all punch list work, and assist with reconciling outstanding change order requests and other outstanding issues with the contractor. This contract extension represents payment for services in March and April 2004. Prep a red By: David A. Doyle, Deputy City Manager CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: April 6,2004 AGENDA REPORT TITLE: Resolution No. 2004 -XX approving Fiscal Year 2003-2004 Budget Amendment RECOMMENDATION: It is recommended that the City Counc it approve Resolution No. 2004 -XX, A Resolution of the City of Diamond Bar amending the FY03-04 Municipal Budget for the City of Diamond Bar. FINANCIA L IMPACT: Decrease to the estimated resources for the General Fund in the amount of $216,684. Increase in General Fund annual appropriations in the amount of$279,189. Increasethe use of General Fund balance reserves for capital improvement projects by $244,870. Changes to the Capital Improvement Projects list including the following: • Grand Avenue Beautification/Betterment ($650,000) • Diamond Bar Center $225,000 • Parkway/Median Grand Ave. ($96,000) • Pantera Dr— V -Ditch Repair $25,000 Increase of $25,000 in estimated revenues and appropriations in the Integrated Waste Management Fund. BACKGROUND: The City Council adopted Resolution #2003-39 on June 17, 2003 approving the FY03-04 Municipal Budget. The City Council has also approved additional appropriations as they have occurred throughout the year It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. Page 2 — FY 03-04 Budget Amendment DISCUSSION: The following chart summarizes the proposed changes to the General Fund Budget: Current Adjusted The City's current adopted General Fund Budget for FY03-04 shows anticipated revenues of $14,536,974. It is recommended that the revenue estimate be decreased by $216,684 to $14,320,290. The current approved General Fund Appropriations budget equals $13,826,538. It is recommended that this budget be increased by $279,189 to $14,105,727. These recommended changes in the General Fund estimated revenue, appropriations and use of fund balance reserves will result in an estimated $20,049,317, in General Fund fund balance reserves atthe end ofthe fiscal yea r. The reason for the overall reduction in General Fund Estimated Revenue is due to a $320,000 decrease in Motor Vehicle in Lieu revenues. This revenue source continues to be uncertain with the condition of the State budget. This amendment reflects the loss in allocation experienced by the City during the firstthree months of this fiscal year. Without this reduction to the General Fund the overall revenue estimate would have increase slightly. The increases are due to higher anticipated property tax revenue, traffic fines and an overall increase in building and development related fees. Interest yields continue to be lower than anticipated therefore therehas been a reduction in investment yields anticipated. The significant increase in appropriat ions is primarily due to a budget correction. As mentioned to the City Council in an earlier City Counc it Study Session, the letter ofcreditfees for the bond issue were erroneously omitted from the original adopted budget. An adjustment of $174,000 has been included to correct this omission. $20,000 is requested to augment the Information Systems division's budget. This will provide a source offunds to continue to improve and stabilizethe City's computer system network. The General Governm ent telephone budget has been increased by $15,000. This increase is due to the City maintaining parallel phone lines during the transition form the old "396" numbers to the new "839" numbers. Building and Safety fees have increased in accordance with the increase in the corresponding revenue estimate. Budget Amendment Budget Total Annual Revenues $14,536,974 ($216,684) $14,320,290 Total Annual Appropriations 13,826,538 279,189 14,105,727 Excess Revenues over Expend itures 710,436 (495,873) 214,563 Fund Balance Reserves @07/01/03 22,270,487 22,270,487 Uses of Fund Balance Reserves 2,278,463 157,270 2,435,733 Fund Balance Reserves @ 06/30/ 04 $20,732,460 ($683, 143) $20,049,317 The City's current adopted General Fund Budget for FY03-04 shows anticipated revenues of $14,536,974. It is recommended that the revenue estimate be decreased by $216,684 to $14,320,290. The current approved General Fund Appropriations budget equals $13,826,538. It is recommended that this budget be increased by $279,189 to $14,105,727. These recommended changes in the General Fund estimated revenue, appropriations and use of fund balance reserves will result in an estimated $20,049,317, in General Fund fund balance reserves atthe end ofthe fiscal yea r. The reason for the overall reduction in General Fund Estimated Revenue is due to a $320,000 decrease in Motor Vehicle in Lieu revenues. This revenue source continues to be uncertain with the condition of the State budget. This amendment reflects the loss in allocation experienced by the City during the firstthree months of this fiscal year. Without this reduction to the General Fund the overall revenue estimate would have increase slightly. The increases are due to higher anticipated property tax revenue, traffic fines and an overall increase in building and development related fees. Interest yields continue to be lower than anticipated therefore therehas been a reduction in investment yields anticipated. The significant increase in appropriat ions is primarily due to a budget correction. As mentioned to the City Council in an earlier City Counc it Study Session, the letter ofcreditfees for the bond issue were erroneously omitted from the original adopted budget. An adjustment of $174,000 has been included to correct this omission. $20,000 is requested to augment the Information Systems division's budget. This will provide a source offunds to continue to improve and stabilizethe City's computer system network. The General Governm ent telephone budget has been increased by $15,000. This increase is due to the City maintaining parallel phone lines during the transition form the old "396" numbers to the new "839" numbers. Building and Safety fees have increased in accordance with the increase in the corresponding revenue estimate. Page 3 — FY03-04 Budget Amendment Requested Personnel Changes The following changes in personnel are being requested at this time and are either incorporated in the attached budget amendment or can be absorbed within the current budget: During the City Clerk's absence in the fall, the Assistant City Clerk assumed additional areas of responsibility. As a result she was temporarily reclassified to Executive Assistant. Since that time there has been a reorganization in the City Manager's office and duties have changed. As a result it is recommended that this reclassification become permanent. The opening of the Diamond Bar Center has demonstrated the need for an additional Parks and Maintenance Supervisor position in the Community Service Division. The person selected to fill this position will have the daily responsibility for the proper care and maintenance of the Diamond Bar Center. The sophistication of this facility and is numerous assets require a person with extensive building maintenance experience to properly maintain it. Components unique to this center include the computerized HVAC system, pressurized boiler heating system, video surveillance system with hard disc recorder, water element with re -circulating pump and filter system, audio/video system with built-in projector and electric screen, hydraulic lift, electric partition walls, electric shades and kitchen equipment including an ice machine and convection oven. Each of these items requires frequent, and in some cases daily inspection and monitoring to ensure its proper operation. With heavy use scheduled every weekend, a tremendous amount of time must be dedicated to this facility and its specialized equipment to make sure it remains operatio nal. Although most ofthejanitorial and repair work will be performed by contra ctors, the supervision of the contractors and inspection and monitoring of the specialized equipment within the facility is the responsib ility of city staff. Information received during concentrated training sessions provided bythe equipment suppliers has proved to staff that the city needs a building maintenance professional to properly supervise the maintenance work and inevitable repair jobs for this building. The building operates seven days per week, just over 100 hours per week, and it is staffs intention to mainta in it in its current condition for years to come for the entire community to enjoy. There is no impact to the FY03-04 budget since the costs for the current year will be absorbed in the current budget allocations. It is estimated that the future year costs including benefits for this position would be approximately $74,000. Eliminate three part time Parks Maintenance Helper positions to help fund the addition of the Parks and Maintenance Supervisor position. It is requested that a twenty hour per week non -benefited Community Services Leader I position be increased to a thirty hour per week benefited Community Services Leader I position. This position will augment services provided to the City's expanding senior citizen clubs. Itis requested that an additional Community Services Coordinator position be added for the day camp program. This would ensure the quality of the program by ensuring that one coordinator would be on site at all times and accompany the children and staff members on field trips. In addition this Page 4 — FY03-04 Budget Amendment Elimination of one Community Services Leader II positions to cover a portion of the cost of the second day camp coordinator. (The balance of the second day camp coordinator will be recovered within the part time wages budget) Please refer to the attached revised FY03-04 Personnel Summary. Capital Improvement Projects Grand Avenue Beautification/B etterment Project is being reduced by $650, 000. The original budget for this project estimated that the City would receive $1,020,000 in allocation federal funds from the MTA. This funding source did not materialize and as such the scope of the project was revised and other funding was identified. As such the project amount was reduced and other funding sources were identified, including an additional $157,270 from the General Fund reserves. Community/Senior Center (Diamond Bar Center) project is being increased by $225,000 to cover additional unforeseen costs related to the final completion of the new Diamond Bar Center. This includes additional landscaping outside the boundary of the original project along Grand Avenue and Summitridge Road. In addition there is a requirem ent for the connection of the fire system water supply line (OS &Y) valves on Grand and Summitridge to the fire alarm panel in the Diamond Bar Center. The increase also covers other possible change order items. Since the Cal Trans freeway project has impacted the area, the construction of the Parkway/Median- Grand Avenue project has been removed from the current year's budget. This represents a savings of $57,600 in General Fund Reserves and $38,400 in LLAD #38 Fund balance reserves. Anew project to repair the V -ditch on Pantera Drive is being recommended for design. The purpose of the project is to alleviate continued erosion. $25,000 from the LLAD 39's fund balance reserve is recommended. Integrated Waste Management Fund The City of Diamond Bar has been awarded a regional household hazardous waste grant in the amount of $25,000. It is recommended that the Integrated Waste Management Fund be amended to include revenue source and allocation of the funds. PREPARED BY: Linda G. Magnuson REVIEWED BY: Department Head Deputy City Manager Attachments: Resolution, Personnel Summary and Budget Worksheets RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY03-04 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2003-39, A Resolution of the City Council of the City of Dia mond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2003 and ending June 30, 2004 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the 'Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2003-04 Budget is attached as Exhibits A- D; and WHEREAS, the Amendment has been discussed by the City Council at both a Study Session and City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereb y finds and determines that the General Fund Budget be amended as set forth in the attached Exhibit A, General Fund Budget Amendment Summary; Exhibit B, Personnel Summary Schedule, Exhibit C Capital Improvement Project Adjustment Schedule, and Exhibit D Integrated Waste Management Fund Summary. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibits. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution PASSED, ADOPTED AND APPROVED this _____ day of__________, 2004. Bob Zirbes, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the ______ day of_________ _, 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk of the City of Diamond Bar Exhibit A CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT SUMMARY FY 2003-2004 Uses of Fund Balance Reserves: Transfer -Out CIP Fund 2,278,463 157,270 2,435,733 713,757 Estimated Fd Bal Reserves @06/30/04 $20,702,460 ($653,143) $20,049,317 $21,661,493 Year - Current Adjusted YTD @ End Budget Amendment Budget 2/29/2004 Projection ESTIMATED RESOURCES Property Taxes 2,580,000 100,000 2,680,000 1,501,764 Other Taxes 4,660,000 4,660,000 2,341,735 Intergovernmenta I Revenue 3,401,750 (320,000) 3,081,750 1,525,001 Fines and Forfeitures 612,000 50,000 662,000 452,706 Building Fees 692,347 34,303 726,650 466,249 Planning Fees 100,000 100,000 53,195 Engineering Fees 148,000 (18,000) 130,000 58,813 Recreation Fees 567,817 (45,987) 521,830 289,122 Special Event Fees 72,000 72,000 54,300 Other Revenues 483,700 (17,000) 466,700 257,282 Transfers -In Other Funds 1.219.360 1.219.360 611.131 Total Annual Revenues 14,536,974 (216,684) 14,320,290 7,611,298 APPROPRIATIONS City Council 150,450 150,450 77,543 City Attorney 109,000 109,000 52,104 City Manager 587,650 587,650 356,541 City Clerk 307,753 9,340 317,093 146,338 Finance/Human Resources 500,600 31,100 531,700 322,987 Information Systems 208,940 20,000 228,940 56,962 General Government 899,284 189,550 1,088,834 741,679 Public Information 442,154 (500) 441,654 224,508 Law Enforcement 4,440,500 4,440,500 2,518,971 Volunteer Patrol 14,250 1,000 15,250 6,565 Fire /Animal Control 97,860 97,860 57,880 Emergency Preparedness 51,410 51,410 4,099 Community Dev./Planning 462,850 462,850 284,165 Building & Safety 415,000 20,990 435,990 263,524 Neighborhood Improvement 259,140 259,140 132,420 Economic Development 309,440 309,440 119,927 Community Services 2,331, 320 2,331,320 1,170,992 Public Works/Engineerin g 2,053, 937 7,709 2,061,646 969,330 Transfer -Out Other Funds 185,000 185,000 Total Annual Appropriations 13,826,538 279,189 14,105,727 7,506,535 Est. Excess Revenues over Expenditures 710,436 (495,873) 214,563 104,763 Fund Balance Reserves @ 07/01/03 22,270,487 22,270,487 22,270,487 Available Resources 22,980,923 (495,873) 22,485,050 22,375,250 Uses of Fund Balance Reserves: Transfer -Out CIP Fund 2,278,463 157,270 2,435,733 713,757 Estimated Fd Bal Reserves @06/30/04 $20,702,460 ($653,143) $20,049,317 $21,661,493 Exhibit B City Of Diamond Bar Personnel Summary Schedule Fiscal Year 2003-2004 FULL TIME POSITION Current Change Amended Executive Management -City Manager 1 1 -Deputy CIty Manager 2 2 -Public Works Director 1 1 -Finance Director 1 1 -Dir.Of Community Services 1 1 -City Clerk 1 1 7 7 Full Time Exempt -Associate Planner 1 1 -Public Works — Supervisor 1 1 -Parks & Maint — Supervisor 1 1 2 -Public Information Manager I 1 -Senior Engineer 1 1 -Assoc. Engineer 1 1 -Executive Assistant 1 1 2 -Senior Administrative Analyst 4 4 -Management Analyst 1 1 -Development Services Assistant 1 1 -Accountant 11 l 1 -Communications &Marketing Coordinator 1 1 -Assistant City Clerk 1 -1 0 -Recreation Supervisor H 1 1 -Recreation Supervisor 1 1 18 1 19 Full Time Non -Exempt Positions -Recreation Specialist 1 1 -Administrative Assistant 3 3 -Senior Account Clerk 2 2 -Office Assistant II 1 1 -MIS Technician I 1 -Neighborhood Improvement Ofcr 2 2 -Maintenance Worker II 1 1 -Office Assistant 3 3 -Community Services Coordinator 3 3 17 17 Totals - Full Time 42 43 BENEFITTED PART TIME POSITION Current -Neighborhood Improvement Ofcr 1 -Com Services Leader II — 30 hr/wk 2 -Com Services Leader 1— 30 hr/wk 5 -Com Services Leader 1— 20 hr/wk 1 Totals 4 NON -BENEFITTED PART TIME POSITION Current -Park Maintenance Helper 13 -Park Maintenance Helper R 5 -Com Services Coordinator-Dayc amp 1 -Com Services Worker (seasonal) 3 -Com Services Leader I 21 -Com Services Leader II 20 -Intem/Part-Tim e 3 66 Change Amended 1 2 1 1 1 1 5 Change Amended -3 10 5 1 2 3 21 -1 19 3 -3 63 Totals — Part Time 70 -2 68 Exhibit C FY 03-04 Capital Improvement Project Adjustment Schedule 18603 Grand Ave Beautifi cation/Bettermen t -SR -57 General Fund MTA Call/Federal Funds TEA - 21 LA County Aid to Cities TDA Funds Grand Ave Improvement Fund 13899 Community /Senior Center Sale ofProp A Funds - Remainder Library Fund HUD Bond Issue Park Development Fund 18402 Parkway/Median Grand Ave. General Fund LLAD 38 Pantera Dr- V -Ditch Repair LLAD 39 Current Adjusted Budget Amendment Budget 430,000 214,870 644,870 1,020,000 (1,020,000) 0 700,000 700,000 69,000 69,000 69,000 69,000 94,450 17,130 111,580 2,244,450 (650,000) 1,594,450 272,316 272,316 15,485 15,485 201,184 201,184 5,631,177 5,631,177 879,000 23,816 902,816 6,797,978 225,000 7,022,978 72,826 (57,600) 15,226 38,400 (38,400) 0 111,226 (96,000) 15,226 25,000 25,000 Exhibit D CITY OF DIAMOND BAR FUND TYPE: Special Revenue SPECIAL FUNDS BUDGET FUNCTION: Waste Mgt FY 2003-2004 FUND #: 115 ADJUSTED INTEGRATED WASTE MANAGEMENT FUND FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the adopted waste hauler fees and funds received from the State for recycling education and efforts. This includes the Used Motor Oil Block Grant revenue. PERSONNEL SERVICES 5515- 40010 Salaries Current Mid Year Adjusted Budget Amendment Budget ESTIMATED RESOURCES 3,120 5515- 25500 Approp Fund Balance 548,902 City Paid Benefits 548,902 1,300 Used Motor Oil Block 31870 Grant 18,000 12,520 18,000 Beverage Ctnr Recycling 40083 Worker's Comp. Exp. 31875 Grt 17,000 17,000 34820 AB939 Admin Fees 200,000 610 200,000 5515- HHW Regional Grant 25,000 25,000 36100 Interest Revenue 20,000 5515- 20,000 36900 Misc Revenue 40090 Cafeteria Benefits 15,790 15,790 TOTAL 803,902 25,000 828,902 PERSONNEL SERVICES 5515- 40010 Salaries 98,610 98,610 5515- 40030 Part -Time Wages 3,120 3,120 5515- 40070 City Paid Benefits 1,300 1,300 5515- 40080 Retirement 12,520 12,520 5515- 40083 Worker's Comp. Exp. 1,720 1,720 5515- 40084 Short/Long Term Disability 610 610 5515- 40085 Medicare 1,650 1,650 5515- 40090 Cafeteria Benefits 15,790 15,790 Total Personnel 135,320 0 135,320 SUPPLIES 5516- 41200 Operating Supplies 10,000 10,000 55XX- 14000 Promotional Supplies 10.000 5.000 15.000 20,000 5,000 25,000 OPERATING EXPENDITURES 5516- 42110 Printing 20,000 20,000 5515- 42115 Advertising 10,000 10,000 5515- 42120 Postage - 5515- 42315 Membership/Dues 100 100 5515- 42320 Publications 100 100 5515- 42325 Meetings 500 500 5515- 42330 Travel-Conf & Meetings 2,000 2,000 5515- 42340 Education & Training 500 500 5515- Contributions -Co m. 42355 Groups 2,500 2,500 Total Operating Exp. 35,700 0 35,700 PROFESSIONAL SERVICES 5515- 44000 Professional Services 20.000 20.000 40,000 Total Prof. Svcs. 20,000 20,000 40,000 CONTRACT SERVICES 5515- 45500 CS -Public Works 90,000 90,000 Total Contract Svcs. 90,000 0 90,000 FUND BALANCE RESERVES 25500 Reserve 502,882 502,882 Total Fund Balance Res. 502,882 0 502,882 TOTAL 803,902 25,000 828,902 Agenda # 7.1 Meeting Date: aril 6. 2004 CITY COUNCIL R AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 2004 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING APPEN DD( A OF RESOLUTIO N NO. 89-97P, THE CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: It is recommended that the City Counc it open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 2004 -XX amending appendix A of the City's Conflict of Interest Code adding the positions of Recreation Supervisor II, Parks and Maintenance Supervisor, Assistant Planner, Assistant to the City Manager, and removing the position of Parks and Maintenance Superintendent from the list of positions required to comply with the reporting requirements of the Conflict of Interest Code. FINANCIAL SUMMARY: No financial impact associated with this item. DISCUSSI ON: The Political Reform Act requires every local government agency to adopt a Conflict of Interest Code designating certain positions participating in making decisions which may affect financial interests. In addition, local agencies are required to conduct a review of its Conflict of Interest Code bienn ially to determine if it is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that the above -listed changes to the position list are necessary to bring the Code into compliance. All other aspects of the current Conflict of Interest Code will remain in effect. Several of the positions recommended for inclusion in the Conflict of Interest Code are not funded in the current fiscal year. However the positions are listed on the City's salary schedule and should be included in the document. The attached information lists the 42 full time positions that are funded in the current fiscal year. During the FY 2004- 05 budget develo pment process, staff will review the list of staff positions to determine which, if any, of the unfunded positions shou Id be deleted. At that time, staff will also amend the Conflict of Interest Code so that both documents have the same positions I i sted . PREPARED BY: Tommye Cribbins, Assistant City Clerk REVIEWED BY: Deputy City Manager Attachments: 1. Resolution No. 2004 -XX and Conflict of Interest Code 2. Redline version of position list 3. Public Hearing Notice - March 17, 2004 4. List of funded full time positions RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING APPENDIX A OF RESOLUTION 89-97P, THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL A. Recitals . (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel as set forth in Resolution No. 89-97P. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendm ents to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to the City or circumstances change with respect to job functions. (iii) Pursuant to the provisions of Ca lifornia Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded priorto the adoption of this Resolution. B. Resolution . NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. All statements set forth in Part A, Recitals, of this Resolution are true and correct. 2. The City's Conflict of Interest Code, as heretofore approved, is hereby amended by the adoption of a new Appendix "A" (attached) setting forth designated employees and disclosure categories pertaining thereto. All other aspects of the Conflict of Interest Code as stated in Resolution No. 89-97P shall remain in full fo rce a n d effect. 3. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 6th day of April • 2004. Bob Zirbes, Mayor I, TOMMYE CRIBBINS, Asst. City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th_ day of April , 2004 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Asst. City Clerk of the City of Diamond Bar APPENDIX A DESIGNATED EMPLOYEES CATEGORIES Accountant II Assistant City Clerk Associate Engineer Assistant Engineer Associate Planner Assistant Planner Assistant to City Manager City Clerk Communications and Marketing Coordinator Deputy City Manager Deputy Public Works Director Development Services Assistant Diamond Bar Community Foundation Director of Community Development Director of Community Services Director of Public Works/City Engineer Executive Assistant Finance Director Management Analyst Parks and Maintenance Supervisor Parks and Recreation Commission Public Information Manager Public Works Supervisor Recreation Supervisor Recreation Supervisor II Senior Accountant Senior Engineer Senior Management Analyst Board of Directors (15) Senior Neighborhood Improvement Officer Senior Planner Traffic & Transportation Commission DISCLOSURE 2 1,2 1 1, 2 1 1 1 1, 2 1, 2 1, 2 1 1, 2 1 1 1 1 1 1 1 1 1 1 1 1 1 • NOTE: City Council, City Manager, City Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq.), not this Code. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # — 8.1 Meeting Date; 04-06-04 AGENDA REPORT TITLE: CONSIDE RATION OF ADDING ONE CONCERT TO THE SUMMER CONCERT S IN THE PARK SERIES AND APPROPRIATION OF $2,400 TO FUND THE CONCERT RECOMMENDATION: The Parks and Recreation Commission recommends adding one concert. Staff recommends adding one concert if a sponsor can be conf irmed by April 16, 2004 for $2,400. IaIJ_li!lei /_1MIky,IWIT611I The total cost for an addition al co ncert will be $2,400. If a sponsor is not located, the concert would cost $2,050 from the General Fund and $350 from Proposition A Funds. Following is the itemized list of expenses: Band $800 Sound System $500 Sink $350 Insurance $150 Sheriffs Deputies $150 City Part-time Staff 100 TOTAL GENERAL FUND $2,050 Shuttle (Prop A) 350 GRAND TOTAL $2,400 IY_T�i:tH:��1�P►I ]l1l,�d�b�yC�1�A The City Council approved seven concerts, including Fourth of July, for the 2003/04 Fiscal Year. The seven concerts were all conducted last summer, resu Iting in the expenditure of all funds authorized by the City Counc il. The Parks and Recreation Commission has req uested that the City Council consider adding an additional concert to the series, preferably on Ju ne 23. A concert on June 23 will require the appropriation of additional funds to the Concerts in the Park budge taccount in the amount of $2,400. Staff believes that because of the other special events throughout the year authorized by the City Council that the additional concert should be conducted only if sponsor of the total cost of the event is secured. REVIEWED BY: Bob Rose James DeStefano Director of Community Services Deputy City Manager CITY COUNCIL T0: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 8.2 Meeting Date; ±g§ 04 AGENDA REPORT TITLE: ADOPTION OF RESOLUTION NO. 2003-60A AMENDING RESOLUTION NO. 2003-60 REVISING THE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BAR Recommendation: Adopt Financial Impact: Adoption of fees included in Resolution No. 2003-60A, when fully implemented, could generate as much as $315,000 in revenue annually for rental use of the Diamond Bar Center, an increase of $145,000 (85%) over current projections of $170,000 annually. 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 operate the center since opening March 20, 2004. The public's demand for use of the center is extremely high and there have already been 84 paid private rentals scheduled with anticipated revenue totaling abo ut $122,600. From this experience, staff has developed recommended changes to the policies that will provid e for a more effective and efficient operatio n of the center, and rental fees that better reflect the market value. This subject was discussed at the City Council Study Session on March 2 and the Council members requested additional information about tea lights, incense and fees, including a proposed reduced fee for senior use of the banquet room on weekends. Staff provided up -dates to the Council in the Weekly Report and those up- dates have been incorporated into this report. Staff has also had the opportunity to complete mock room set-ups to determine the banquet room capacity for the types of set-up normally requested by those with confirmed reservations. These test set-ups have shown that the capacity of the banquet room is less than previously reported. Details on the capacities are included in this report, as well. Discussion: As discussed at the Study Session on M arch 2, many of the changes staff recommends for the Facility U se Policy are more editorial than substantive, clarifying issues and resolving conflicting statements. Recommended changes to the use policy are highlighted through shading (added text) or stakeei -t (removed text). Following are the recommended changes to the Facility Use Policy for the Diamond Bar Center; 1. Description and name of each room added to Description of Facility. Pg, 3, section I. All rooms listed are for multi-purpose use; a. Grand View Ball Room —Total Room 7,135 sq. ft.-- stage, patio/balc ony, room may be separated into 5 separate rooms. Dining capacity, No Dance Floor; 487.438; Dining capacity, w/1000 sq. ft. dance floor: 424 372; Dining capacity, w/500 sq. ft. dance floor: 459 405; Theatre style seating capacity:1911 952 b. Sycamore Room —1050 sq. ft. -- Patio Dining capacity:60 Theater style seating capacity: 128 C. BiF,4 VM Room -400 sq. ft. -- Computer Room, 10 computer stations d. Pine Room —1550 sq. ft. -- Senior Room Dining capacity:66 Theater style seating capacity: 142 e. Oak Room —1431 sq. ft. -- Dance/exercise, hardwood floors, capacity: 85 2. Use on New Year's Eve shall be charged weekend rates and shall require minimum use of 2/3 banquet room. Pg 5, #5. 3. Two holiday dates have been added, Christmas Day and Thanksgiving Day. The center is closed and not available for use on these two dates, unless Center Director approval is obtained. Pg. 6, 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. 7, letter v. 5. When Banquet Room is not reserved for weekend use 21 days or less prior to desired date, Senior group may reserve use of room for the discounted rate of $30 per hour of use, with two-hour minimum, plus $60 per 100 people for set-up, take down and clean -u p. Such use shall not interfere with any other schedule d use of facility, and must receive prior approval from the Center Director. Pg. 9, letter v. 6. Requirement for cleaning deposit ($100) added for non -prof it (Group C) reserved use of meeting rooms. Currently, cleaning deposits are not required from non -profits for use of meeting rooms. Pg. 11, letter i. 7. City shall determine security firm to be utilized rather than the Sheriffs Department. L.A. County Sheriff's representatives are not allowed to recommend a specific security company to citizens. Staff will still use the Sheriff's Department as a resource to determine the number of security guards to require at specific events, or to schedule deputies when that level of securi ty is determined necessary. Pg. 14, 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.16, number 4. Additional discussion about tea lights listed below. Tea Lights: City Council has previously directed staff to purchase several sets of tea lights to be pre -approved by the L.A. County Fire Department and available for users of the Diamond Bar Center. Staff has purchased four varieties of tea lights that have been tested by Inspector Charles Cooper and approved for use at the Diamond Bar Center. However, according to Inspector Cooper, each time tea lights are used at the center, a separate permit must be issued by the fire department unique to that date, use specifics, and type of tea light to be used. Staff is aware that the City Council would like staff to purchase a supply of tea lights that would be availab le for facility users to utilize at their events. Staff has researched this with event planne rs and the response is that tea lights are a personal choice of the event hosts and style and quantity usually vary significantly. What the City buys today and is "in style" could be out of style and unacceptable to the users in a short period of time. Staff would then have to buy new sets of tea lights to stay current with the times and styles. Also, it has been reported to staff that hosts may place anywhere from four to eight tea lights on each table. For an event with 40 tables, that could be as many as 320 tea lights. Other information staff has received about tea lights includes issues about loss, breakage and cleaning. Many event guests believe tea lights are a gift and may be taken after an event. Keepin g an adequat a supply of tea lights availa ble to each facility user will be a challe nge. This is the same issue with possible breakage. The next issue is with cleaning the tea lights so they will be ready for the next user. Melted wax and black soot can accumulate in the tea light. Our janitorial contractor is able to clean the tea lights for $14.00 per hour. This cost would be passed along to the facility user. Right now, it is unknown how Ion g it would take to scrape the wax out and clean the black soot from the tea lights. There are a host of other issues that staff will have to deal with if the City provides the tea lights. These can be better articulated by staff at the study session, but has to do with clients who want staff to solve their issues with the tea lights on the day of their event. ('Those aren't the ones you showed me when I booke d the facility.", "The candles keep going out, please re -light them each time they go out.", 'The tea lights are dusty, please clean them before the event starts.", 'The tea lights don't match our set-up, please let me see the other tea lights you have so I can select another style."'Y don't want that color wax and/or metal base of candle", "Can we place a bow or some other decorati on on or around the tea light?'j Following are options regarding use of tea lights (In order of staff recommendation, highest to lowest); 1. Do not allow tea lights in the facility. (Staffs original recommendatio n.) 2. Have the facility user obtain their own tea lights and acquire approval and permit from the L.A. County Fire Department. Staff will show samples of tea lights that typically are approved by the fire department. 3. Staff selects one style of tea light that every tea light user must use. No other tea lights will be allowed. Each facility user will pay for new tea lights to be purchased by staff, and then given to the user at the end of their event. This resolves cleaning, loss and breakage issues. Since only one style of tea light isallowed under this option, it must be a high quality tea light. The tea light staff recommends is leaded crystal and retails for $5.75 each. Initial stock should be 600 tea lights, sufficient for two uses, at a cost of $3,450. Then each time a user wants tea lights, the user will be charged for the number of tea lights they wish to use. Staff would then work with the fire department to obtain the required permit for the event. The one advantage of this option is staff has total control over the tea lights and no user will be able to bring a non -per mitted tea light into the facility. 4. Same as #3, but if user wants to use their own tea light, and not the one available from the City, they obtain their own tea lights and go through the permit process described in #2. Since the user can get their own tea light if they prefer, the tea light provided by the City would be a cheaper model, which costs $1.25 each. To stock 600 would cost $750. This option does lose the control described in #3. 5. Staff selects four styles of tea lights, and provides them per option #3. Tea lights cost between $1.25 and $5.75 each. Initial cost for four sets of 600 each is $5,700. This returns control to the City but increases initial cost and requires more storage space to accommodate, and storage space is already at a premium at the Diamond Bar Center. 6. Become the full service tea light provider. Staff purchases, cleans, stocks, replaces, etc. everything to do with tea lights so there are at least four full complete sets of tea lights availa ble for eac h user of the facility to select from. This would also require staff to purchase a variety of wax candles to match the color and style the facility user wants. The initial stock for this option will cost $5,700, plus the cost of stocking addition I colors of wax candles. User would be charged for actual cleaning, loss, and breakage costs for tea lights and for candles consumed. This is an extremely labor intensive option which is the least desirable in terms of fitting the contract business model of the City. Incense and Ceremonial Fire Usage — Cognizant of the fact that Diamond Bar has a very significant and active Indian community, City Staff has begun researching the Indian culture —particularly the Hindu religion and itsceremonial use of fire and incense. Staff has been in contact with Rohini Dasika with the City of Rancho Cucamonga. Fire and incense are very important to practicing Hindus. They are featured in virtually every Hindu ceremony. City Staff is now seeking to visit a Hindu temple or to bring in a Hindu priest so that we can observe a demonstration of how the fire and incense are actually used. Until this research is completed, staff is not in a position to recommend allowing incense and ceremonial fire at the Diamond Bar Center. However, based on input provided by other Cities with public facilities available to rent, staff continues with its recommendation to not allow incense and ceremonial fire at the Diamond Bar Center. Staff believes these cultural ceremonies would more appropriately be performed in the temple or home, not in a public facility. The following information about incense was presented at the March 2 Study Session and is repeated here as information: Staff has continued researc hing the use of incense in rental facilities similar to the Diamond Bar Center. Staff has still foun d no city operated facilities that allow the use of incense. We have also checked with Southern California hotels. Only one of ten contacted said they allow incense. The Westin Hotel in Costa Mesa provided the following information, which they say, by interpretatio n, allows the use of incense: "Decorations — All decorations incorporating candles must meet with the approval of both the Catering Department and the Costa Mesa Fire Department." The Catering Sales Manager also stated that at events that use incense, the groom arrives by either horse or elephant. Based on input from the operators of othe r City facilities, staff still recommends that incense not be allowed in the Diamond Bar Center, for the following reasons: 1. Smoke from the incense will, over time, permeate the fabric in the facility, leaving an odor to similar to stale cigarette smoke. (Fabric includes carpet, chairs, sound panels, and room dividers.) The Catering Sales Manager at the Westin did not agree with this statement. 2. Currently, tea lights are the only approve d open flame allowed in the facility. Allowing incense may increase the number of requests for different types of open flame uses. Staff needs to have clearly defined limits (or no limits at all, as long as fire department approval is obtained) in order to prevent claims of discriminatio n. Caterers Use of Sterno Heater to keep food warm in banquet room: According to inspector Cooper this use is allowed without a permit if the heater is under a chafing dish on a table with no guests seated at the table. This type of use is not at the same level of risk as the tea light, which is accessible to the guests seated at the table, including children. Staff recommends allowing the use of sterno heater, if the use is in conformance with fire department expectations stated above and used by a licensed caterer. Animals such as Horses and Elephants: Staff has already received requests from potential users of the facility seeking permission to bring animals on-site. Diamond Bar Municipal Code section 12.00.260 specifically prohibits animals in parks (except leashed dogs and cats, and horses on equestrian trails) unless permitted by the director. The types of uses being requested include horse drawn carriages, riders on horses and riders on elephants. In fact, one user has already contacted an elephant rental company, Have Trunks Will Travel, and this company has applied for a Temporary Use Permit from the Planning Department (application status pending). The primary issue with animals is the waste associated with them. If animals are allowed, waste will eventually be washed into the natural habitat surrounding the park and into the storm drain system. Also, our janitorial service provider recommends the sealing of the decorative concrete area in front of the formal entrance to prevent stains from the waste. This area is about 6,200 sq. ft. in size and would cost about $2.00 per sq. ft. to seal, or about $12,400. If the concrete is sealed, the waste can be cleaned and neutralized with a concentrated citrus cleaner. Staff recommends that animals such as horses and elephants not be allowed at 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. Following is the analysis staff has used to determine recommended fees: GROUP C -- Diamond Bar Based Non -Profit Service Organizations (including Churches) Comparative rates for non-profit organizations "weekend" rates for banquet room. Current Diamond Bar Center rate is $112.50 hour Recommended Revised rate is $200 per hour for first 5 hours, $100 per hour for each additional 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, staff recommends that the NEW rate for non -prof it "weekend" times for the entire banquet room be changed to $200 per hour (with a 5 hour minimum rental required); additiona I hours will be charged at $100 per hour. This results in a 6 hour rental fee of $1,100, from the $675 per event that is the current rate. GROUP E — All Businesses and Non -Residents: Comparative Rates For Private Use By Businesses And Non -Residents "Weekend" Rates For Banquet Room. Current Diamond Bar Center rate is $235.00 per hour Recommended Revised rate is $400 per hour for fist 5 hours, $200 per hour for each additional hour. When staff developed the recommended fees for the Diamond Bar Center that were approved by the City Council last October, staff stated that there was a lot to learn about developing policies for the operation of such a state -of -the -a rt facility. Over the past five to six months of scheduling reservations for private use of this facility, staff has discovered how unique this facility is in this region of Southern California. We are told there are no public facilities that can serve the number of people the Diamond Bar Center can that also has the amenities such as view, architecture, versatility and age (brand new). Based on input we have received from several professional event planning firms, staff believes we can (and should) charge more for its use. As an example, we were quoted a "general rule" that we should charge no more than $5 per person for the capacity of the room for a 4 -hour block of time for the rental of the Grand View Ballroom on a weekend. That would translate into $2200 for 4 -hours, which equals $550 per hour. That would make a 6 -hour minimum cost approximately $3,300. Following are examples of private sector "shell" facilities rental rates for 4 -hours (Facility, tables and chairs): Richard Nixon Library — Yorba Linda (400 capacity) — approx. $ 4,000 Ocean Institute — Dana Point (200 capacity) — approx, $5,500 Joes Garage —Tustin (300 capacity) —approx. $5,500 Seven Degrees — Laguna Beach (100 capacity) — approx. $7,500 Huntington Harbor Yacht Club — Huntington Harbor (200 capacity) — $1,500 Newport Dunes Pavilion —Newport Beach (75 capacity) - $1,100 Because we are a public entity/public facility, we are proposing a rate that is competitive within both the public and private sectors, but is still well belo w the "fair market value" of the private sector facilities. Current Diamond Bar Center rate is $235 per hour with 6 hour minimum ($1,410 rental fee) Equiva lent rate for comparable public sector facility (City of Brea) _ $361 per hour ($2,166 rental fee) Previous proposed rate was $330 per hour with 6 hour minimum ($1,980 rental fee) Therefore staff recommends the following additional changes should be made to the Facility Use Policy; 1. New Recommended Rate for Group E Users: NEW proposed time block is 5 hours with REVISED proposed rate = $400 per hour ($2,000 rental) NEW additional hourly rate (for each hour in addition to the five hour minimum) _ $200 per hour NEW 6 hour rental equivalent = $2,200 2. Consider charging a $500 flat fee for clients to have their wedding ceremony on the grounds of the Diamond Bar Center. Pacific Palms charges $1,500 for a 1 hour time block (includes gazebo, chairs, microphone and golf cart with driver). Recommended Rental Rates for Grand View Ballroom (includes Catering Kitchen, pre -function area and patio): Note: Rates have been established per the following formula, using the Group E rate as the foundation. • Weekday rates are 1/2 the cost of weekend rates. • Other room rates are prorated based on the room size as compared to the whole banquet room. • Increases for client type are based on $100 more per hour for weekend use, half that for weekday use. Weekdays Weekends Group A: City of Diamond Bar Events No Fee No Fee Group B: Diamond Bar Based Senior Organization s No fee No fee for Senior Room Group C: Diamond Bar Based $100 hour $200 hour (minimum 5 hours); Non -Profit Organizations $100 per hour for each additional hour Group D: Diamond Bar Residents $150 hour $300 hour (minimum 5 hours); $150 per hour for each additional hour Group E: All Businesses and Non -Residents $200 hour $400 hour (minimum 5 hours); $200 per hour for each additional hour The revised fees should result in annual revenue increase of 85%, from $170,000 to $315,000, when fully implemented. (Estimate based on 100ea 8hr weekend resident uses and 100ea 8hr weekday resident uses. REVIEWED BY; Bob Rose James DeStefano Community Services Director Deputy City Manager RES OLUTI ON NO.2003-60A ARESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2003-60REVISING THE 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 establis hing policies and fees for the use of the Diamond Bar Center; (ii) Staff has been utilizi ng 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 effectiv e operation of the Diamond Bar Center; (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolutim 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 8 ATTEST: TOMMYE CRIBBINS Assistant City Clerk I, TOMMYE CRIBBINS, Assistant City Clerk of the City of Diam and 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 TOMMYE CRIBBINS, Assistant City Clerk City of Diamond Bar