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HomeMy WebLinkAbout5/18/2004THIS 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. 19 STUDY SESSION: Humps) CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 18, 2004 Next Resolution No. 2004- 4:00 p.m., CC -8 Background discussion of Agenda items 8.2a and 8.2b (Speed Natural Hazard Mitigation Update Reorganization of the Industry East Committee to address the Industry Business Center Development FY 2004-05 Budget: General Fund and CIP (First draft) Economic Development Update — Kosmont and Associates Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Troop 777 (Posting of Colors) INVOCATION: Darlene Jones, Pastor Outreach Diamond Canyon Christian Church 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 Introduction of Bryan Petroff, Parks and Maintenance Supervisor for the D.B. Center. 1.2 Proclaiming the week of May 16-22, 2004 at "National Public Works Week." 1.3 Proclaiming the week of May 16-22, 2004 as "World Trade Week." MAY 18, 2004 PAGE 2 City Council Meeting 1.4 Proclaiming the week of May 16-22, 2004 as "Taiwanese Heritage Week." 1.5 Proclaiming the month of May, 2004 as "Older Americans Month." NEW BUSINESS RECOGNITION 1.6 Presentation of Certificate Plaque to Yolanda Bender, owner of Dream Dinners. SPECIAL PRESENTATIONS (continued): 1.7 Presentation by Marsha Hawkins, Friends of the Library "Read Together Diamond Bar" for October. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — May 20, 2004 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — May 25, 2004 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 PARKS AND RECREATION COMMISSION MEETING — May 27, 2004 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.4 MEMORIAL HOLIDAY — City Offices will be closed, Monday, May 31, 2004 in observance of Memorial Day. City Offices will re -open on Tuesday, June 1, 2004. 5.5 CITY COUNCIL MEETING — June 1, 2004 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. MAY 18, 2004 PAGE 3 City Council Meeting 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Regular Meeting of March 16, 2004 — Approve as submitted. 6.1.2 Study Session of April 20, 2004 — Approve as submitted. 6.1.3 Regular Meeting of April 20, 2004 — Approve as submitted. 6.1.4 Study Session of May 4, 2004 — Approve as submitted. 6.1.5 Regular Meeting of May 4, 2004 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Study Session of April 27, 2004 — Receive and File. 6.2.2 Regular Meeting of April 27, 2004 — Receive and File. 6.3 Parks and Recreation Commission Minutes: 6.3.1 Regular Meeting of March 25, 2004 — Receive and File. 6.3.2 Special Meeting of April 8, 2004 — Receive and File. 6.4 Warrant Registers- Approve Warrant Registers dated May 6, 2004 and May 13, 2004 in the amount totaling $816,719.81. 6.5 Reject Claim for Damages — Filed by Charm Park on April 16, 2004. Recommended Action: Reject. Requested by: City Clerk 6.6 Approve Plans and Specifications; Award Construction Contract for FY 2003-04 CDBG Sidewalk Installation Project to Dye and Browning, Inc. in the amount of $69,526.12; and, authorize a contingency amount of $14,000 for project change orders, to be approved by the City Manager, for a total authorization amount of $83,526.12. Recommended Action: Approve Plans and Specifications; award contract; and, approve contingency amount. MAY 18, 2004 PAGE 4 City Council Meeting Requested by: Public Works Division 6.7 (1) Appropriate $26,250 from Unappropriated Prop. C Fund Balance; (2) Approve Contract Amendment No. 1 with Advantec Consulting Engineers for Citywide Traffic Signal Timing Project for an Additional Two Years in the Amount of $24,500; and (3) Authorize a Contingency Amount of $1,750 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $26,250. Recommended Action: Appropriate Prop C Funds and approve Contract Amendment. Requested by: Public Works Division 6.8 Adopt Resolution No. 2003-60B: Amending Resolution No. 2003-60A Revising the Policies and Fees for the Use of the Diamond Bar Center. Recommended Action: Adopt. Requested by: Community Service Division 6.9 Consideration of Adoption of Report from the Sports Complex Task Force. Recommended Action: Adopt without obligation to spend. Requested by: Community Services Division 6.10 Adopt Resolution No. 2004 -XX: Opposing California State Senate Bill 744 (Dunn): Planning: Housing: which would broaden the authority of the California Department of Housing and Community Development to overturn local land use decisions . Recommended Action: Adopt. Requested by: Legislative Sub -Committee 6.11 Adopt Resolution No. 2004 -XX: Supporting the League of California Cities' and Local Coalition's FY05-FY06 Budget Compromise with Governor Arnold Schwarzenegger. Recommended Action: Adopt. Requested by: Council Member O'Connor MAY 18, 2004 PAGE 5 City Council Meeting 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 Consideration of City Equipment Rental Policy for Community Non - Profit Organizations and Governmental Agencies. Recommended Action: Approve. Requested by: Parks and Recreation Commission 8.2 (a) Adopt Resolution No. 2004 -XX: Approve Installation of Speed Humps at 636/644 Great Bend Dr., 547/553 Great Bend Dr., 23309/23315 Gold Rush Dr., and 23409/23415 Gold Rush Dr. Recommended Action: Staff recommends adoption. Traffic and Transportation recommends denial. (b) Adopt Resolution No. 2004 -XX: Amending Resolution No. 2002-56, A Resolution of the City Council of the City of Diamond Bar Adopting the Speed Hump Policy. Recommended Action: Adopt. Requested by: Public Works Division 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 16, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 5:09 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 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; and Sharon Gomez, Senior Management Analyst. Update on Diamond Bar Center Grand Opening Event Plans PIM/Blakey reported that the Diamond Bar Center's Grand Opening/Open House is Saturday, March 13, at 11:00 a.m. to 2:00 p.m., and gave a brief overview of events for the day: 10:30 a.m. — The Diamond Bar Community Foundation will unveil the tile walkway at the flagpole 10:35 a.m. — • Chuck Street and the Mayor will arrive via helicopter and be escorted with the rest of the Council up to the main entrance • Ribbon -cutting ceremony • Welcome and introductions, unveiling the Center's plaque • Presentations from Congressman Miller, and Mr. Jim Starkey from Senator Margett's office • Doors of the Center open to the sounds of Pacific Crest Drum and Bugle • The public can tour the facility and observe the different activities that are going on inside. Goodies bags, containing coupons for free food and beverages, have been prepared for distribution All the food and beverages and information booths will be located outside the facility in the parking lot directly adjacent to the main entrance with music provided by Commander Chuck Street and the KISS -FM booth. Community organizations booths will be set up, with the City's booth featuring face -painting as well as giveaway items. March 16, 2004 PAGE 2 CC STUDY SESSION Staff will be on hand to monitor parking, as will the Sheriffs Department for any traffic control issues; there will be signa ge for the shuttle and to assist people where they can park and how to get to the facility. PIM/Blakey then gave a brief overview of the events planned for the Gala Dinner scheduled for Friday, March 26, 6:00 p.m.; presentations , to date, include a proclamation from the offices of the Governor, Congressman Miller, and Supervisor Knabe; a commemora tive video/slide show will be displayed, followed by entertainment featuring a swing band. Sponsorship s currently total $15,400, with approximately 190 RSVPs; follow-up phone calls will be made over the next few days. In -House Street Sweeping Program CM/Lowry commented that the Street Sweeping Analysis Report is on this year's goals and objectives and the Public Works Department has investigated some options. PWD/David Liu and SMA/Sharon Gomez will make the presentation. With the aid of a power -point presentation, PWD/Liu briefly reviewed the City's current street sweeping contract with R.F. Dickson, citing one of Council's objectives for this fiscal year is to develop a cost -benefits report which considers bringing the street sweeping in-house and then consider sweep ing on a weekly basis. He reported that the 5 -year contract expires September 5, 2004, with an option to renew for an additional five years. The 10 -month, bi-weekly services provided include 10,000 curb -miles, with weekly services in December and January, as well as a debris composting program for an additional fee. Due to day-to-day variables, there have been times that a second sweeper is called in to assist. He reported on some of the qualities of the current all-inclusive contract package, including prompt and efficient service, no down- or minimal downtime due to equipment breakdown, and response to service requests are immediate. Referencing the staff report, PWD/Liu reported that based on the last five months of logs or records, the City has received only 14 calls or complaints to City Hall, making contract administration minimal. Historically, the street sweeping program has been managed cost-effectively, being within or under budget. This fiscal year's impact to the City is $140,000 from gas tax monies, $32,000 from AB939 Funds, for a total of $172,000. He emphasized that SMA/Gomez has don a further research and has discussed specifics with contractors and vendors. SMA/Gomez briefly reported the two alternatives that were researched: March 16, 2004 PAGE 3 CC STUDY SESSION One alternative was a lease -purchase contract with Valley Vista Services who is currently the City's commercial waste haule r. The program would be a five year lease -purchase, and at the end of five years the sweeper woul d be the property of the City. The sweeper would be powered by CNG gas — natural gas. Backup equipment provided during maintenance or any downtime would be included by Valley Vista, with an allotm ent of $18,000 per year for maintenance costs. As an update to the staff report, the City is exempt from vehicle registration and license fees. The service would include one (1) sweeper and one (1) operator for five days a week, the operator being a City employee. Valley Vista does not offer any operator training programs, and the annual cost for this program, including the labor provided by the City, is $211,517. SMA/Gomez gave a commentary of the slide presentation of the Schwarze Model A7000CNG quote that was from Valley Vista, and the difficulty in obtaining parts and maintenance that is more prevalent with the CNG engine than with the diesel. Continuing, SMA/Gomez reported on TYMCO, the second alternative, a major supplier for municipal street -sweeping equipment throughout the nation and actually manufactures the TYMCO 600 CNG product. This is the most comparable to the Schwarze model. She reviewed cost comparisons as itemized in the staff report, differences include factory training for two individuals and $18,000 a year for maintenance was factored in. In the event the sweeper would need repair, itwould have to be taken to their maintenance yard in the City of Buena Park. Using TYMCO, one sweeper, one City staff -operator , and averaging five days a week, the cost would be $194,679. She referenced the report that also included street -sweeping cost comparisons; identifying Dickson to be a lump sum amount, and reviewing Valley Vista and TYMCO costs -- equipment alone on a yearly basis for Valley Vista its $79,105; for TYMCO is $62,267 SMA/Gomez further reported that a City employee at a Parks Maintenance Worker Level II would be $48,716, includin g wages and benefits. At a minimum, 25 percent of the Public Works Superviso is time would be needed to assist with the program, which would include quality control, monitoring of operations and staff, as well as proper maintenance. Not factored in is additional Public Works staff that would be involved with administering these two types of in-house programs, as well as dumping fees which are currently $30,000. Reporting on CNG fuel, SMA/Gomez stated that the cost is approximately $18,000. There is a facility atAQMD, however, authorization for use is required. Valley Vista has a CNG fuel station at their location in the City of Industry. Additional auto insurance for the truck itself would be $17,280 yearly. March 16, 2004 PAGE 4 CC STUDY SESSION The total yearly cost across the board for Dickson is a lump sum of $140,000, based on a bi-weekly service for 10 months of the year and two months of weekly service, plus an additional sweeper as -needed throughout the week to assist. She reviewed the proposals and actual costs identified in the staff report, citing the need to make like -comparisons for weekly services, sweeper(s), equipment, and operator(s), as well as a formula to factor in a second sweeper: R. F. Dickson cost is $203,000; Valley Vista's amount is $338,439, and TYMCA is $311,486. SMA/Gomez briefly itemized some critical differences that need to be considered should street sweeping be brought in-house; life-cycle—the sweeping unit is normally 10-12 years, replacement cost is approximately $89,000; the truck portion lasts longer, approximately 15 years—as well as the maintenance and training issues. She reiterated the supervision necessary for such a program, cost to train additional staff, and staff down-time due to illness or vacation, in addition to the disruption of their daily responsibilities . A City maintenance yard is another consideration. The facilities at Sycamore Park would not be a secure location to adequately house nor do maintenance. None of the surrounding cities, Walnut, Pomona, or Caltrans' facility on Golden Springs, have a maintenance yard to rent for storing or performing maintenance. Valley Vista Services does, however, have a yard at the City of Industry and could provide space for housing the equipment only. As to service, SMA/Gomez reported that the City currently pays Dickson $12.95 per curb mile, sweeping approximately 10,000 curb -miles per year. Asurvey was done by the League of California Cities in March 2003, canvassing cities that currently have in-house or contract services. The average cost between the two was $18 and $19 per curb -mile. The City's liability is minimal with Dickson as the primary operator. In response to C/O'Connor's inquiry as to the number of accidents, SMA/Gomez reported that the City is aware of two over the last four years, which were covered by Dickson. There may be more, however, it would be handled directly by the company. This would be more costly with an in-house program due to attorney fees and staff time to handle the claims. In conclusion, PWD/Liu stated that staffs perspective of the current program is that itis one of the best management practices. The City's current service level, bi-weekly with the exception of the months of January and December, under the State Water Permit, exceeds the minimum requirements. PWD/Liu reiterated that the current contract is all-inclusive, with minimal staff cost to administer and availed himself to questions. March 16, 2004 PAGE 5 CC STUDY SESSION M/Zirbes thanked staff for a very thorough presentation and well done report. Council concurred. C/Huff reported that Foothill Transit had the same apprehension about CNG. The performance was much better than anticipated. There were few breakdowns – comparable to their experience with diesel because they've worked a lot on the drive trains from the original ones were. He commented that staff could find out Valley Vista's experience since their program has been in place for a year and a half and it sounds like the same equipment is being proposed, emphasizing the need to get the right drive train. PWD/Liu reported that currently AQMD requires cities entering new contracts to start with implementing CNG or alternative fuel. There is an exemption in the current air quality rule that if the fleet is under 15, then the agency is not subject to this alternative fuel rule. PWD/Liu clarified MPT/Herrera's inquiry that for budgetary purposes, staff works with the amount of $140,000, the contract is actually $127,000. This allows for any special needs or unforeseen conditions , such as special sweeps around school areas, commercial areas, and/or the DB Center . The anticipated expenditure this fiscal year is $128,000. CM/Lowry and PWD/Liu commented on the City's liability, risks, and indemnification with an in-house program versus service with a contractor. C/Chang commented that with the rise in cost as reported and receiving positive feedback from our residents that our streets are so much better than before, there is no need for the City to change its current program. C/Huff questioned if there were any grants available from AQMD for purchasing alternate fuel. PWD/Liu stated there may be opportuniti es but was unsure of how much was available. He referenced that Valley Vista was able to purchase one or two CNG trash trucks to be used in Diamond Bar through an AQMD grant. C/Huff commented that this information could besignificant. In response to C/Huffs inquiry as to participation of a supervisor, PWD/Liu commented that currently a spot-check is conducted, for speed and addressing certain needs, for example. The City's more common practice is to respond to any complaints; a supervisor is then dispatched to address conditions appropriately. C/Huff suggested supervision be increased as opposed to increasing sweeping. Not all complaints are called in and could perhaps bead dressed in a more timely manner with increased supervision. He cited the importance to make sure the City is getting the best value—that the service contracted for is in fact being provided. March 16, 2004 PAGE 6 CC STUDY SESSION C/O'Connor questioned if there were any violations reported by the Sheriffs CSOs, lending itself to supervision of the program. PWD/Liu reported that a two month speed survey and performance was conducted about a year ago; the speed ranged from 8-10 miles per hour, which is under contract requirement. The City's Public Work Supervisor was also out on a daily basis, checking each route and making comments. The report showed approximately 95% of the quality was there — that the sweeper was doing his job appropriately. C/Huff voiced encouragement to continue this practice. He commented that this would be the expectation from the City's service provider, then it is reasonable that the City be doing that periodically with our contract service provider. C/O'Connor asked if the grant C/Huff referred to would just cover the purchase of the truck but not necessarily the gas, maintenance, or anything else. C/Huff responded affirmatively and that CNG is going up and is pretty expensive. Foothill Transit has some significant grants toward its bus purchases. SMA/Gomez reported that there are grants to purchase the equipment but not for the maintenance nor the operator. C/Huff concurred. Brief discussion ensued regarding the positioning of the CSO during the street sweeping process. M/Zirbes thanked staff for doing all this work. He commented that researching the probability of bringing the program in-house as an option was something he presented a year ago. Over the last year, with the enhancements of parking restrictions, the street sweepers are doing a better job and the City is receiving fewer complaints. He suggested that the concerns of debris not being picked up along the route could perhaps be discussed with the contractor. In response to M/Zirbes inquiry to call for a re -sweep, PWD/Liu reported that only the City has the authority to call. He stated that upon receipt of a request, the City verifies performance, or lack thereo f, then the sweeper would return to re - sweep the area at no charge to the City. He stated that this is a quality control issue too because staff wants to make sure the complaint or the concerns would be addressed adequately and timely and that typically contact is made with the resident. Staff has also established a list of probl em areas that is shared in advanced with the sweeper operator. This also encourages a partnership and exchange of information with the sweeper so that everyone is in sync on a regular basis. In addition to this proactive approach, he commented that an educational approach would also help; such as publishing articles in the City's newsletter. March 16, 2004 PAGE 7 CC STUDY SESSION M/Zirbes concurred, citing some articles to include exceeding the minimum requirements for storm water, how far ahead we are, and what are the anticipated requiremen is and will our program still be in compliance. PWD/Liu stated that this particular street sweeping contact is one of the best management practices that falls under one of the housekeeping matters of the Storm Water Quality Permit. The technolog ies or devices required in the permit have not been proven effective and are very costly. Diamond Bar's uniqueness of being a bedroom community, unlike other cities that have different land -uses, allows a proactive and effective performance for street sweeping services. One such management practice was tonnage increase due to the parking regulation program and getting the vehicles off the street. Diamond Bar will continue to look at all of the existing practices and other types of pollution control that could be utilized to assure compliance with that component of the permit. CM/Lowry reported that in discussions with staff, it was preferred to hold back increasing the frequen cy of sweeping so that when regulations tighten up, the City has an easier mechanism to work with. It was determined that the street sweeping program would be removed from the list of goals in that the anal ysis was just presented. Public Comments on Study Session Agenda Items None offered. ADJOURNMENT: With no further business to conduct, M/Zirbes adjourned the Study Session to the regular meeting at 5:58 p.m. Linda C. Lowry, City The foregoing minute are hereby approved this _1 st day of June, 2004. Bob Zirbes, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 16, 2004 CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to order at 6:33 p.m. in the Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was lead by C/Chang. INVOCATION: The invocation was given by Ahmad Sakr, Ph.D, Islamic Education Center. ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera, and Mayor Zirbes. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; and Lynda Burgess, City Clerk. CLOSED SESSION: None. APPROVAL OF AGENDA: C/O'Connor stated that she had asked that Agenda Item 8.1, regarding the addition of a Concert in the Park, be added to the agenda . However, she recently learned that the Parks and Recreation Commission had not yet discussed the item, and requested the matter be removed until the Parks and Recreation Commission has had an opportunity to discuss the item. It was agreed that Agenda Item 8.1 would be removed from the Agenda. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation by So Cal Edison regarding the Grand Avenue Underground Re -cabling Project. Rick Meza, introduced Mr. Eric Manuel, Southern California Edison project manager for an underground re -cabling to be replaced along Grand Avenue, between Golden Springs and Diamond Bar Boulevard. He reported that the project is scheduled to begin within a month and the City's energy service will be uninterrupted. He cited the importance for Edison to complete the upgrade before the summer months arrive, as the independent system operator and demand for power are at its highest. Mr. Eric Manuel reiterated the importance of scheduling the project prior to the upcoming summer's arrival. The project was initially scheduled for 2009, however, upon review of the numbers for this MARCH 16, 2004 PAGE 2 CITY COUNCIL year, it was determined that the load -growth in this area was such that Edison needed to accelerate the project to this year in order to meet the demand through the summer months. The Diamond Bar Substation, located on the corner of Diamond Bar Boulevard and Grand Avenue, has two lines serving the City. It is Edison's intention to have one of the lines "hot" at all times. Mr. Manuel reported that they are currently working with the City Engineer to devise an appropriate traffic flow plan that will meet the City's needs and address all of the concerns with the ingress and egress of vehicles during the peak traveling periods. It is expected that the project will take approximately four to eight weeks, sans any anomalies. Informational meetings are also being coordinated. In response to MPT/Herrera's question as to power being out the entire length, the 66KV lines are from point-to-point transmission of energy and not useable energy for your residents. The concern is that energy is supplied to the City at all times, which is why one line will be "hot" at least to the substation at all times. So the answer in short is "no" there won't be any power outages. C/Chang thanked Mr. Manuel for his report. Further, he cited that within a four month period, the City experienced four to five power outages. He indicated receiving phone calls from the residents and requested Mr. Manuel forward this concern to the appropriate department within the Edison Company. He suggested getting with staff to acquire additional information on this matter. 1.2 A Certificate Plaque was presented to Chief Deputy Ross Guiney and Assistant Superintendent Don Allen, representing the Los Angeles County Parks and Recreation Department on the occasion of their 601h anniversary. Mr. Guiney and Mr. Allen presented a Resolution and pins to the Council on behalf of the County Parks and Recreation Department. NEW BUSINESS OF MONTH: 1.3 A Certificate Plaque was presented to Ken Patel, Subway Sandwich, 508 N. Diamond Bar Blvd. as New Business of the Month, March 2004. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Brenda Hunnemiller, Area D, regarding Disaster Mitigation Plan. DCM/DeStefano reported that the federal government enacted the MARCH 16, 2004 PAGE 3 CITY COUNCIL Disaster Mitigation Act a couple of years ago requiring all local agencies to create a natural disaster mitigation plan to deal with pre - disaster planning as opposed to post disaster recovery, addressing the financial impact of continually rebuilding in the same locations, i.e. the rockslides due to rains on Pacific Coast Highway and in the Malibu area. He reported that the City of Diamond Bar's pre -disaster planning efforts are to look at a variety of issues to mitigate such disasters from occurring and to mitigate loss of life and property. He then introduced Brenda Hunnemiller, Regional Disaster Management Coordinator, commenting that she is working closely with staff and the City's consultant, John Bingham, in the preparation of Diamond Bar's Disaster Mitigation Plan. Ms. Brenda Hunnemiller gave a brief history of the Stafford Act created to govern the types of federal assistance that would be made available to local jurisdictions in the event of a major emergency or disaster. She stated that in 2000, the Stafford Act was significantly changed to include the Disaster Mitigation Act of 2000, or what we now refer to as DMA2K. The new law now states that local governments must submit, by November 2004, a local hazard mitigation plan in order to be eligible for both pre- and post -disaster funding, as well as permanent types of reconstruction and restoration funding in the event of a disaster. This was prompted by unprecedented costs in response to natural disasters the last several decades. The Federal Emergency Management Agency (FEMA) decided it would be more cost-effective if it could encourage local governments to engage in pre -disaster mitigation activities. She reported that the definition of "local government" within the Stafford Act clearly emphasizes that a multi -discipline, multi -agency task force or work group be created to develop the local hazard mitigation plan and there are two key components in this plan: First, the documentation of the planning process — emphasizing very thorough documentation of the City's planning process; and the second key element is public participation in that process. The final step will be the formal adoption of this plan by the governing body, the City Council. This is a federal law and there are financial consequences for not MARCH 16, 2004 PAGE 4 CITY COUNCIL complying with the law, possibly the loss of hundreds of thousands of dollars, if not millions, in the event of an actual disaster. She noted that members of City staff, as well as the consultant, have already attended briefings and workshops to discuss the requirements of the plan and to take the first steps in its development. She strongly encouraged Council, as well as the administrative staff, and the citizens of Diamond Bar to support this work effort through participation in the planning process and adoption of the plan when it is complete and presented. Ms. Hunnemiller thanked Council and availed herself to questions. M/Zirbes commented that staff has been thorough and has kept the Council informed on this matter over the last few weeks. He extended appreciation to Ms. Hunnemiller in attending the meeting and informing the community, indicating that there is a lot of work ahead but Diamond Bar intends to meet the November deadline. 2. PUBLIC COMMENTS: Marsha Hawkins, Diamond Bar resident and member of the Friends of the Diamond Bar Library, announced that the 11th Annual Wine Soiree event will be at the new Diamond Bar Center, featuring "Read Together Diamond Bar", March 28, from 4:00 to 7:00 p.m. In addition to the wine tasting, there will be an auction, and food hosts from 15 different restaurants and vendors in Diamond Bar. Mary Matson, 1310-A South Diamond Bar Blvd, commented on the necessity to have the orange flags atop newly placed street signs, citing the Montefino stop signs and Golden Springs just east of Brea Canyon. She also stated that something needs to be done about the noise and activity in the early morning hours coming from the PC Club on Brea Canyon and Golden Springs, citing the need to contact the Sheriff on numerous occasions. RESPONSE TO PUBLIC COMMENTS: CM/Lowry reported that the first time the orange flags were utilized was when the City began the parking program for street sweeping. Input was received from the community that they appreciated the fact that the flags helped them notice any changes in their neighborhood; for that reason it seemed appropriate to continue using the flags when we were changing the configuration in the Gerndal/Adel neighborhood. CM/Lowry commented that SMA/Kim Crews has been working with Parks and Recreation in the community and the Council Members on the Youth Master Plan Task Force and is prepared to present a brief update on the Youth Master Plan. SMA/Crews reported that a resident telephone survey was being MARCH 16, 2004 PAGE 5 CITY COUNCIL conducted by Research Network Limited, consultants retained by the City, among households of the City of Diamond Bar to evaluate youth needs and perceptions. The consultants worked with a subcommittee of the Youth Master Plan steering committee to design the survey questionnaire. The subject areas included overall impressions of youth in Diamond Bar, awareness and satisfaction with youth programs and services, and opinions regarding current health and wellness of Diamond Bar, youth as well as identification of current and future issues related to youth in the community. A total of 450 telephone surveys were conducted in early December. The telephone numbers were randomly selected from prefixes that were known to penetrate residential locations in the City, which also took into account incidences of unlisted telephone numbers. The design of the survey included a screening process to eliminate contacts that did not constitute Diamond Bar residents. The detailed analysis of the telephone survey has been presented to the City and will be incorporated into the Youth Master Plan document. Further, SMA/Crews reported that the Search Institute Student Profile Attitudes and Behavior Survey has been conducted at South Point Middle School and Chaparral Middle School. The administration of the survey is scheduled for Lorbeer Middle School and Diamond Bar High School. Diamond Ranch High School is still working on a date to conduct their survey among students. The delay at the Diamond Ranch is due to the school staff seeking to gather more parental consent for students to participate so that we will have a larger sampling. After the last student survey is conducted, all of the samples will be mailed to the Research Institute in Minneapolis for tabulation. It may require a minimum of a 10 -week turnaround in order to produce the final report, which will then be included in the Youth Master Plan. The Youth Master Plan steering committee scheduled a couple of meetings toward the end of April to review some of the preliminary drafts of the report and formulate some recommendations. This will be based on the data that has been gathered from community meetings, youth forums, and surveys, and the community questionnaires. The goal at this point is to finalize the report during the months of July and August and then present the Youth Master Plan to the City Council for consideration and adoption. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — March 18, 2004 — 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr. MARCH 16, 2004 PAGE 6 CITY COUNCIL 5.2 SPORTS COMPLEX TASK FORCE — March 18, 2004 — 7:00 p.m., AQMD/Government Center Room CC -7, 21865 Copley Dr. 5.3 "SUMMIT ON GROWTH" HOSTED BY THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, THE SAN GABRIEL VALLEY ECONOMIC PARTNERSHIP AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS — March 20, 2004 — Registration begins at 7:30 a.m., Summit will be held from 8:00 a.m. to 3:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 DIAMOND BAR CENTER GRAND OPENING OPEN HOUSE — March 20, 2004 — 11 a.m. to 2 p.m., Diamond Bar Center, 1600 Grand Ave. 5.5 PARKS AND RECREATION COMMISSION MEETING — March 25, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.6 ARBOR DAY CELEBRATION AND TREE PLANTING CEREMONY — March 26, 2004 — 9 a.m., Pantera Elementary School, 801 Pantera Dr. 5.7 COED YOUTH TRACK MEET — March 27, 2004 — 9:00 a.m., Walnut High School Track, 400 Pierre Road, Walnut. 5.8 MISS DIAMOND BAR BEAUTY PAGEANT — March 27, 2004 — 7:00 p.m., Mt. San Antonio College, Social Science Lecture Hall -26 B-101, 1100 N. Grand Ave., Walnut. 5.9 11th ANNUAL DIAMOND BAR FRIENDS OF THE LIBRARY WINE TASTING SOIREE — March 28, 2004 - 4 p.m. to 7 p.m., Diamond Bar Center, 1600 Grand Ave. 5.10 PUBLIC SAFETY COMMITTEE MEETING —April 5,2004-7 p.m., Walnut/Diamond Bar Sheriff Station, 21695 E. Valley Blvd., Walnut 5.11 CITY COUNCIL MEETING — April 6, 2004 — 6:30 p.m., AQMD/Government Center, Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: Moved by C/O'Connor, seconded by C/Chang to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, MPT/Herrera, M/Zirbes Huff, O'Connor, MARCH 16, 2004 PAGE 7 CITY COUNCIL 7. NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of February 3, 2004 —As submitted (these minutes were previously approved February 17, 2004) 6.1.2 Regular Meeting of March 2, 2004 — As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSIONS — Regular Meeting of February 20, 2004. 6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES — Regular Meeting of January 22, 2004. 6.4 APPROVED WARRANT REGISTERS dated February 19, 2004, and February 26, 2004, totaling $1,699,976.77. 6.5 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): 6.5.1 SUPPORTED AN AMICUS BRIEF TO THE SUPREME COURT ON THE CASE CITY OF BURBANK V. REGIONAL WATER QUALITY CONTROL BOARD. 6.5.2 APPROVED PAYMENT OF ADDITIONAL FUNDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT LITIGATION. 6.6 APPROVED EASEMENT AGREEMENT AND QUITCLAIM DEED WITH THE WALNUT VALLEY WATER DISTRICT FOR THE DIAMOND BAR CENTER. 6.7 ADOPTED RESOLUTION NO. 2004-09 IN SUPPORT OF DEVELOPMENT OF A NATURAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH THE FEDERAL DISASTER MITIGATION ACT OF 2000 (PUBLIC LAW 106-390). PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 COUNCIL MEMBER REQUEST TO ADD ONE CONCERT TO THE SUMMER COMMUNITY CONCERT SCHEDULE AND APPROPRIATE $1,500 TO FUND THE CONCERT — Item removed from the agenda. MARCH 16, 2004 PAGE 8 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCILMEMBERS COMMENTS C/O'Connor congratulated Council Member Huff on his successful bid for the Republican nomination for the 60th Assembly District. She reported that her relative who was injured in the October 2003 fire, sustaining burns over 85 percent of her body, was released from the hospital on February 10, two days before her 211t birthday. She is home and, with her Irish background, hopes to participate in the St. Patrick's Day Parade that's going to be held in their community tomorrow. She thanked everyone for their well wishes. C/O'Connor reported that she was one of 3,000 participants at the National League of Cities Conference in Washington, DC. Speakers included Deputy Speaker of the House Fritz, other Members of Congress, as well as with Congressman Miller. She deferred any further comments about the Conference to MPT/Herrera. C/O'Connor requested the meeting be adjourned in memory of Iona Mallinson who passed away with cancer last Friday. C/Chang also commented on his participation at the National League of Cities conference. He mentioned that the City is supporting the League's petition drive to keep local taxes at the local levels, citing the car tax vehicle license fee (VLF) and how the City is still not receiving retro funds to backfill the monies taken. Further, he commented that Proposition 57, that was recently passed, may alleviate the State's budget crunch but the money has to come from somewhere. This is when local levels are targeted. He encouraged the residents to join in signing the petition and conveyed that the City was fiscally sound. C/Huff thanked all those that participated in the election process; thanking C/O'Connor for her reference. He commented that it is humbling to have the trust of the people. Further, he stated that although this was a partisan election, there is another election in November, and wanted, at this point, to thank those who put their trust in him not only on the City Council but to serve in the State Assembly. He is hoping to be a good steward of their trust, and hopes to be a vehicle for the change that is greatly needed in Sacramento. C/Huff reported that he "wore several hats" while in Washington, DC, citing his Alameda Corridor East (ACE) participation and in seeking $400 million from the government for the second Phase. ACE is actually asking for half of that. He commented that the project has national significance as our MARCH 16, 2004 PAGE 9 CITY COUNCIL ports are the third largest in the world with a combined capacity, and we get the negative impact and should not have to pay for the whole nation. C/Huff also reported that Foothill Transit is seeking funds for parking structures for its Park and Ride program, a partnership program with the cities. Riderships have suffered due to the loss of some key park -and - rides locations. Half of the service delivered is to commuters who have an option to either drive their car into work or to get on buses. When they don't have easy choices for where to park, they continue to drive downtown. In addition to seeking more funds to continue a very popular program, the monies that were granted last year, are being made available on a grant basis with partnering cities. He commented on the positive outcome between CalPoly Pomona and Foothill Transit resulting in a letter agreement . He reported that when the parking structure is completed, Foothill will return in at least the same location or closer to the heart of the campus, benefiting the students and those dependent on transit. C/Huff briefly commented on the extraordinary process, from concept to construction of the Community Center; citing its inception when then - Mayor Carol Herrera first appointed a task force, that Council Member O'Connor and he chaired and co-chaired, to observing the community's involvement from the beginning to assess the needs, to the center's completion. He stated that a building of such high quality material not only looks nice but should stand the test of time as well. He commented that the Center's Grand Opening will be a tribute to the residents. He asserted that the Council tries to be good stewards, and that City staff has done an excellent job preparing and following the construction, specifically DCM/Doyle. He complimented PIM/Blakey for her work on the "kickoff program" and encouraged everyone to take the opportunity to come and share in the joy. MPT/Herrera followed up on C/Chang's comments relating to the League of Cities' signature gathering effort. She reported that the effort is to gather 900,000 signatures in order to qualify for the ballot in November. The purpose is to make sure that the Sate legislature does not continue to re -allocate or re -divert monies that belong to cities and counties and use it for their own general purposes to fund their deficit. She commented on her meeting with Congressman Miller while attending the League conference in Washington, DC, and the advantages of having a Diamond Bar resident as a representative at another level of government. She stated that Congressman Miller was very amenable to MARCH 16, 2004 PAGE 10 CITY COUNCIL the many requests submitted, such as the beautification project for Grand Avenue, construction of new off -ramps at Lemon Avenue in an effort to divert some of the truck traffic away from the Brea Canyon Road off -ramp, and another request for $17 million for a bypass roadway for environmental studies and engineering studies. MPT/Herrera commented on looking forward to visiting a new Assemblyman in Sacramento, Mr. Huff, and wished him absolute success in November. M/Zirbes congratulated C/Huff on his primary win and, in the event of his win in November, he'll just meet with him when he comes to Diamond Bar. M/Zirbes commented that he was not able to attend the conference in DC; he was in Sacramento celebrating his grandmother's 901h birthday. He thanked staff for the work in preparing recommendation reports presented to the legislators for consideration and to his Council colleagues for their efforts. In his conversations with Congressman Miller afterward, the Congressman was very impressed with the material and with the presentations that our Council brought to them. So it was certainly time well spent. M/Zirbes reminded everyone to attend the Diamond Bar Center's Grand Opening on Saturday. He also stated that City Hall has new phone numbers—that 860 -CITY is no longer in use, and the new main number is 839-7000. He reported that the Neighborhood Improvement Committee, in which he and C/Chang participate, is very pro -active and is pleased with its progress. Also, the Sports Park Task Force will hold its final meeting on this Thursday evening here at the AQMD at 7:00 p.m. The meetings are informative and the members stay focused and on -topic. Staff is currently preparing very comprehensive material for the Task Force to consider at the final meeting; it is hopeful that a full report will be presented to the City Council the second meeting of April or first meeting of May. M/Zirbes briefly commented that there are ongoing efforts by City staff and the City Council to bring a supermarket to the south end of Diamond Bar. He had an opportunity to meet with the CEO of a medium-sized supermarket chain, who was impressed with the community and liked the location. Contact with the new center owner, Mike McCarthy, has been arranged. Mr. McCarthy expressed confidence in bringing the Country Hills Towne Center forward and is hopeful in delivering a supermarket to that location before the year's end. He reminded the residents to contact City Hall with their concerns. City staff is here to serve, provide information and support. Council can also be contacted directly at anytime day, night, or on the weekends. MARCH 16, 2004 PAGE 11 CITY COUNCIL M/Zirbes wished Mr. Clyde Hennessee a speedy recovery, commenting that Mr. Hennessee is a regular attendee and has been a little under the weather. 10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting in memory of Iona Mallinson at 7:39 p.m. Linda C. Lowry, City Manager The foregoing minutes are hereby approved this 18th day of May , 2004. Bob Zirbes, Mayor Agenda No. 6.1.4 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 4, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at4:22 p.m. in Room CC -8 of the South Coast Air Quality Management District/Govern ment Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Huff, O'Connor , and Mayor Zirbes. Mayor Pro Tem Herrera was excused. Council Member Chang arrived at4:50 p.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Ann Lungu, Associate Planner; Sara West, Recreation Supervisor II; Assistant Fire Chief Nieto and Tommy Cribbins, Deputy City Clerk. BUSINESS LICENSE: DCM/DeStefano reported that staff has prepared a detailed report including different issues related to business licensing, business license tax, regulatory licenses, business registration and what a variety of other cities and Los Angeles County are doing with respect to these matters. The County issues roughly 200 licenses per year for D.B. businesses that generates about $25,000 to the County without revenue coming to the City. City businesses requiring a license are hotels, food -serving facilities (grocery stores, restaurants, alcoholic beverage business). Staffs report contains options and a recommendation that the General Services Agreement to issue business licenses and annual renewals with the County be retained. The City would then handle all other licensing through a busine ss registration program for about 1000 businesses with an initial fee of $30 and an annual renewal fee of $10. Revenues from the business registration program would offset startup and computer assisted program costs. M/Zirbes asked if businesses would be required to acquire a license in advance of opening their business in order to avoid improper or inappropriate use. DCM/DeStefano explained that for those businesses that approached City Hall before signing leases and commencing operations the licensing process would stop those inappropriate uses. Itwoul d be a matter of Code Enforcement to monitor the business that opened and commenced operation without first seeking the proper City license. L.A. County monitors businesses in the City that require County business licenses. The fee would be the same for all types of businesses including home-based businesses because D.B. would be looking to register businesses and would leave the regulation to the County. The registration program is clearly not a revenue generator for the City and could potentially result in a financial loss during the first year. MAY 4, 2004 PAGE 2 CC STUDY SESSION C/O'Connor recommended that the subcommittee meet with the Chamber of Commerce to discuss whether the Chamber would agree to handle the business registration process. In response to C/Huff, DCM/DeStefano believed that the software program to monitor business registration would costthe City about $25,000. C/Huff felt the cost to administer the program would not be so onerous that the City could not absorb it and it would send a strong message to the business community that the Citywas business -friendly. Hewould however, beconcenned about bringing the program in-house if the City had to hire additional personnel and pay out additional monies over and above the revenue generated. M/Zirbes concurred. The amount generat ed would not be significant and the cost to administer the program would not be huge portion of the City's annual budget. He felt the City would get more cooperation from businesses if the program was free and if D.B. made it requirement that to do business in the City a registration would be required. If the City captured new businesses it was not previously aware of it would generate more sales tax revenue. He suggested the City run a first year test pilot program at zero cost. He supported getting the businesses registered because he felt it was important for the City to know who was doing business in D.B., what types of businesses were being conducted in what locations to ensure the appropriate land use and to have the information available for marketing purposes. The Council then present concurred to move forward with a zero -cost registration program. DCM/DeStefano stated that the City was aware of 50-60 home-based businesses that have purchased $35 use permits. However, staff believed there were considerably more home-based businesses that did not have permits. C/Huff recommended the home-based businesses be merged into the zero -cost registration program. When asked by M/Zirbes if C/O'Connor would concur with the City's zero -cost registration program, she indicated she would like to discuss the matter with the Chamber of Commerce to determine their recommendations. C/Huff said he would concur with C/O'Connor's request to have the subcommittee meet with the Chamber before making a final decision. M/Zirbes said he would discuss the matter with Subcommittee Chairman Chang and set up a meeting with the Chamber Board. MAY 4, 2004 PAGE 3 CC STUDY SESSION C/Huff asked if it would be possible for businesses to check a box requesting that their information be kept confidential to which CM/Lowry responded that some information such as social security numbers or personal phone numbers that can be protected. DCM/DeStefano explained that if the program were not successful it could create an issue with respect to what the City was trying to accomplish from an economic development standpoint. CA/Jenkins explained that all information maintained by the City was public information unless exempt under the Public Records Act. Under the Public Records Act the only information that was exempt was the kind of information mentioned by CM/Lowry. Itwas possible that the City could declare certain information to be confidential such as a home address and telephone number. However, if business were operating out of a home, hewould be hard pressed to say itwas confidential information. Obviously, social security numbers and similar information would be confidential. Clyde Hennessee felt D.B. should decide how it wanted to govern itself without considering how other cities were governing themselves. The Council had been talking about this issue for sometime and he felt itwa s not necessary for the City to implement a business registration program. Marie Buckland wanted to know what businesses were in town, who were running what types of businesses and that they met the proper requirements. REVIEW OF FINAL DRAFT FROM THE SPORTS COMPLEX TASK FORCE. CSD/Rose reported that the Task Force made two recommendations: 1) Consider the possibility ofbuildin g one 75 acre sports complex that accommodated all needs of the D.B. athletic organizati ons; and 2) consider the more realistic possibility of constructing multi -locations built primarily on school sites utilizing middle school sites initially with high school sites to follow ata later time. Staffs recommendation was that first, the Council determine whether to adopt the report and if adopted, direct staff to begin negotiations with the school districts to commence a plan for the highest priority sports facility improvements atthe three middle schools. Lorbeer: Phase I CSD/Rose indicated that staff believed it would not be feasible for the City to add operation costs to the current budget. Ongoing maintenance and renovation costs would be eliminated if the sod was replaced with artificial turf and by MAY 4, 2004 PAGE 4 CC STUDY SESSION revising the use policy to allow for charging for electricity use, those costs would be recouped as well. Chaparral: CSD/Rose explained that ongoing maintenance and operations costs would be eliminated at this location as well, by replacement of the sod with artificial turf. As mentioned previously, electrical costs could be recovered by charging the organizations that use the facilities. Southpoint: CSD/Rose indicated that this location was not as conducive to adding facilities because it offered a smaller playing field area. CSD/Rose stated that from staffs perspective, once the City determines which of the school districts is most amenable to discussing the possibility ofjoint-use improvements, the Council would most likely want to determine which location staff should pursue through the grant application process. The City had money available in its Park Development Fund, Prop 12 and 40 funds and the possibility of Prop 40 competitive grant application monies. In addition, staff would recommend that Council direct staff to continue pursuing properti es identified as potential locations for a sports complex. All of the potential locations listed in the report would require a significant amount of grading orfill ordrainage to create a suitable for a sports complex. However, if a developer came forward and wished to assist the City, there are sites identifiable where we could move forward. Recommendation #5 was for staff to cons ider funding sources available for a sports complex and to pursue those deemed attainable. Accordingly, an organization that has funding available for athletic facilities is the Amateur Athletic Foundati on and it might be possible to work toward funding through the Diamond Bar Community Foundat ion, school district foundations and other non-profit organizations. Staff proposed to agendize this matter for consideration atthe Council's May 18 meeting. C/O'Connor asked how the report coincided with the intent and priorities of the Parks Master Plan. CSD/Rose responded that the proposal was similar to what was contained within the Parks Master Plan with the exception ofthe recommendation for a 75 -acre sports facility site. C/O'Connor felt the Council should look at its priorities with respect to the Parks Master Plan and the Trails Master Plan before moving forward with this program. Responding to C/Huff CSD/Rose explained that the $1 million Prop 40 grant money must be used for a sports facility only. Staff was pursuing implementation of the Trails Master Plan by seeking grant funds that are specifically earmarked for trails such asthe Land and Water Conservation, State Trails, Rivers Mountains Conservancy, etc. two ofwhich were annual grants. Asthe City MAY 4, 2004 PAGE 5 CC STUDY SESSION completed portions of trails, staff would continue to seek monies for additional trails through other sources. He felt that D.B. with its 350 acres of untouched land surrounded by urban living offered a unique opportunity that appealed to grant foundations. DCM/DeStefano responded to C/O'Connor that Larkstone Park consisted of 2.8 acres and the property that was in escrow included the catch basin. The property where Larkstone Park was mapped was underneath the grassy ball fields atthe Southpoint Middle School site. C/Chang felt the task force report was a great report. However, the City continued to struggle under its limited budg et. He would favor accepting the report and determining priorities with respect to the City's goals. He agreed that staff's recommendation for joint usage with the schools should be the City's primary goal with immediate focus on Lorbeer Middle School with Pomona Unified School District. CSD/Rose confirmed to M/Zi rbes that itwould bode well for the City to promote a joint use agreement on an existing school property and provide a copy of the task force report in the pursu it of grant monies. To C/Huffs question, CSD/Rose stated that the grant money would go toward improvement of the field and that the City would pay for the ongoing expenses. C/O'Connor said that the Walnut School District has a use charge for AYSO of $10-$20 per family for maintenance of their fields. M/Zirbes suggested the Council accept the task force report and direct staff to begin discussions with the school districts to determine the possibilities forjoint use agreements and begin preparing grant applications for Lorbeer, if applicable. Atthe same time, staff could continue to pursue additional land opportunities to increase recreational and park space opportunities for the City. C/O'Connor felt the five objectives should be included in the Council's goals and objectives and prioritized along with the current goals and objectives. PUBLIC COMMENTS: None offered. 3. REVIEW PROPOSED POLICIES FOR USE OF THE DIAMOND BAR CENTER. CSD/Rose began by reporting that Dr. Das told him that the Cerritos Performing Arts Center allowed the use of fire and incense. Staff obtained a copy of their use policy that stated the use of any flammable device or substance i.e. candles was strictly prohibited without specific prior approval from the Cerritos Performing Arts Center management. All material used orbumed for an event must beviewed and approved bythe fire marshal and approval was made on a case-by-case MAY 4, 2004 PAGE 6 CC STUDY SESSION basis. Staffs opinion was that because there were so many cultures and traditions within those cultures there would be tremendous learning curve for the City to familiarize itself with even a portion of those traditions. For example, dealing with the tea lights sounds simple. In fact, there are many kinds of candles that could be approved that may or may not be acceptable to the City. Due to the health and safety issue, staff would prefer not to add to the dilemma. C/O'Connor asked if the Fire Department would provide a fire marshal to be on- site. Chief Nieto said that the Cerritos Fire Station had personnel stand by on a case-by-case basis. If the group wanted live fire, the fire personnel would stand by with a fire extinguisher. C/Huff felt that as previously discussed, a photograph attached to the permit should help with the problem by staff understanding what had been approved by the Fire Department. CSD/Rose said that staff would prefer to have the initial request go through them and if they believed the request met the standard the applicant would be referred to the Fire Department for a permit. Chief Nieto said that while Dr. Das performs the fire ceremony in one way, other priests do it differently. Therefore, each application would most likely need to be considered on a case-by-case basis and the Department would strive to abide by the City's wishes. C/O'Connor wanted the City to reach out to all cultures even if it meant doing so on a limited basis by allowing candles only. C/Huff said he did not witness anything that would concern him during Dr. Das' presentation. Even a wood fire would not produce sufficient smoke to be of concern and he would be comfortable with the Fire Department's judgment as to the degree of safety. Some ceremonies may require a fire extinguisher on-site and some may not. He was also pleased to learn that incense was not vital to a ceremony and felt that under the circumstances the City could ban incense from th e Cen ter. C/Chang thought the Council decided to allow controlled fire and pass the matter on to the Fire Department for a final decision about the safety and health issue on a case-by-case basis. Staff did not havethe final authority about the type of produce orfire being used. CSD/Rose reiterated that staff could make an initial determination about whether the product met the Fire Department standards, redirect the applicant to an acceptable product if necessary and then referthem to the Fire Department for the permit. MAY 4, 2004 PAGE 7 CC STUDY SESSION M/Zirbes had some concern about open flames. Dr. Das said last meeting that priests could use tea lights in an oven. Safety was the issue and he had a problem with burning anything other than candles. Also according to Dr. Das it would be acceptable to hold the open fire and incense ceremonies outside. M/Zirbes reiterated the Council consensus to use tea lights or candles in holders only inside the facility and open fire and incense outside of the facility. CSD/Rose explained that with the current policy the City was more restrictive than the Fire Department. If the City were to determine that whatever the Fire Department allowed would bethe standard for the Center, Staff would have a difficult time understanding what was allowed. For example, a certain permitted use could activate the smoke alarms, etc. DCM/Doyle felt the more important issue with respect to open flame was not whether the Fire Department would approve it, but how big it would be and who would stop itwhen itgot out ofhand. If staff had to make such a determination they would necessarily be in a position to interrupt a ceremony in progress and create a very unpleasant environment. The Fire Department would not be present and CSD/Rose's staff would have to intervene. C/O'Connor again asked if in such cases the Fire Department personnel could be present. Chief Nieto stated that iftheCity wanted to guarant eethe Department's presence there would be a cost associated with such a requirement. C/O'Connor said that with a change to the user policy the cost could be passed through to the user. Chief Nieto explained that in such instances the Department would be responsible for maintain ing a proper standard. C/Huff felt the policy should disallow fragrant tea lights and candles. C/O'Connor proposed that the City allowcandles inside and no incense and no wood or other bum products. She reiterated her recommendati on that use of candles would require the presence of fire marshal. C/Huff felt the City needed to look at the issue from the perspective of accommodating the public's needs and possibly find a way to contain the wax and fire. CSD/Rose explained that from his perspective staff was ill equipped to perform the duties of professional banquet operators and operate a building that brought in revenues of $300,000 annually. He was concerned about destroying the structure. In short, he felt the City needed someone who knew how to operate such a facility. He attempted to explai n the enormity of the task for staff to operate the Diamond Bar Center. He felt that staff could learn how to operate the MAY 4, 2004 PAGE 8 CC STUDY SESSION facility properly but that much of their time would be spent educating themselves about how to run a banquet facility and overshadow their other responsibilities . Chief Nieto said hewould "guarantee" that a Fire Department person would be on-site if the City required it. CM/Lowry asked what staff should do if the user kept candelabras lighted during an entire event when they were not allowed on tables? C/O'Connor responded that the Fire Marshal would have to remain atthe Center the entire time the candelabras were lit. The only thing allowed on tables would be the tea lights and the candles could on ly be over a wood surface and not over a carpeted area. M/Zirbes summarized what should be allowed: Tea lights and unscented candles on approved surfaces, permitted by the Fire Department. Incense and open fire would be allowed outside of the facility and the fire marshal would be present when the user was burning candles. Chief Nieto explained that anyone producing an open flame fire must have a permit. CSD/Rose said that staff recommended no animals atthe Center. However, if animals were used, it would require a large deposit. The animals would be kept on the asphalt and not allowed on the colored concrete or close to the building. There would be a fee included to assure an individual monitored the animals and to make certain the City was provided the required additional insurance. M/Zirbes was okay with allowing animals as outlined by CSD/Rose. In response to C/O'Connor, CSD/Rose asked for Council's direction regarding senior use ofthe banquet room on theweekends when itwas not rented. RS/West said there were some Friday evenings and Sundays available and that all Saturdays evenings were booked. M/Zirbes was okay with what CSD/Rose outlined for the seniors. CSD/Rose explained that if someone wanted to use Summitridge Park only and not the Center the use would be just like any other park use. CSD/Rose reported that staff continued to work on the capacity of the Grandview Ballroom using 60 -inch tables. Staff learned today that the City could not exchange the 72 -inch tables for 60 -inch tables. One option was to seek a buyer for the 72 -inch tables. He responded to C/ Huff that he did not believe there was room to store both 60 -inch tables and 72 -inch tables. MAY 4, 2004 PAGE 9 CC STUDY SESSION M/Zirbes felt it would be valuable to know the capacity using 60 -inch tables so that a user would have the option of renting 60 -inch tables should they choose to do so. C/O'Connor said the issue of general park use had come up. For instance, D - Bars had an annual field day and used Su mmitridge Park until the Center construction commenced. They wanted to use the library parking lot (at the Center) and wanted to know if the City intended to restrict use of the entire park when the facility was rented? DCM/Doyle explained that in this specific instance, the Center was booked for a party of 400 for one of the nights reques ted by D -Bars and the other weekend was a party of350. CSD/Rose was concerned about parking availability. C/Huff felt the City should work with D -Bars. CSD/Rose spoke with Jim DeFriend who said D -Bars had used other locations but none worked as well as the top of Summitridge Park. C/Huff felt D -Bars would not burden the center since the scheduled main events were slated to accommodate 100 less than the maximum capacity. C/O'Connor felt that the City should install a "Dia mond Bar Center" sign next to the Shotgun sign with an arrow pointing left. PWD/Liu indicated that staff was working on that issue. C/O'Connor said a senior citizen complained to her that shewas afraid when leaving the Center because someone could hit the rear of her vehicle and send her car over the cliff. She wanted to know if the City was planning to install guardrails or some other type of mitigation. CM/Lowry responded that the City was seeking to have an engineer look atthe design and make a professional recommendation for mitigation, if necessary. C/Chang had a similar experience when heleftthe center today. Hefelt itwas difficult to determine how close his car was to the edge. C/O'Connor asked if there were any loops on the exit to engage the traffic signal? When she left the center today at about 1:00 p.m. only two vehicles were able to get through the green light. MAY 4, 2004 PAGE 10 CC STUDY SESSION PWD/Liu responded the City was using video cameras for detection and would look into the matter. PUBLIC COMMENT: None offered. . T611LMIq&1tr_1Z17-1:OIIX61&O1»:7_1%0[i1i!FA611=Eel a=19:1L4� CM/Lowry reported that a subcommitteewas created under the previous Mayor that worked with staff on a number of occasions to create the draft. As the Code of Ethics progressed itwas incorporated into the existing standards of operations document that Council approved several years ago. C/Clarke reported that C/O'Connor proposed the adoption of Code of Ethics similar to what other cities have done. Then the Mayor, Carol Herrera appointed a subcommittee consisting of herself and then Mayor Pro Tem, Bob Huff to work on this project. The subcommittee and staff met several times to discuss ideas and preview other documents including existing City policies adopted in 1996, documents from other cities and certain State law. Over a period oftime and after meeting several times with the City Attorney and further amending the document, the final draft ws e-mailed to Council. With the e-mail he asked for suggestions, additions and deletions and not receiving any responses, scheduled the matter for tonight's study session. Hetold the Council that this was a living document that could be amended atany time. CA/Jenkins explained that there were two versions of the document: One was a clean version and the other a redlined version that showed the changes from what existed today to what was proposed. Using the redlined version hewent through the changes proposed by the subcommittee. Paragraph II and subparagraphs a)through g), Operation of City Council meetings, describes what happens chronologically during a city council meeting. Paragraph III contains general standards governing behavior during City Council meetings. Paragraph IV dealt with the relationship of the City Council to the City's appointed commissions. Paragraph Vdealt with Council Member presentations at other agencies and groups. Paragraph VI dealt with City Council relationships with staff. Paragraph VII dealt with Council Member ethics and responsibilities and relationships with each other. Paragraph VIII dealt with use of City media, and in particular, official and unofficial stationery and business cards. There were no substantive changes in Pa ragraph I other than the deletion of an unnecessary sentence. Paragraph 11, subparagraphs a), b) and c) consisted of non-controversia I statements of how Council meetings were run. Paragraph a): The City Manager prepares the agenda; that if member of the Council wishes to include an item of business on an upcoming agenda that they may do so with the consent of the Mayor. Under Item b)approval of the agenda, the order of business may be changed to accommodate circumstances such as a number of residents in the audience who wish to speak on a particular item, deletion of an item or continuance of an item to another meeting time. Paragraph c) addresses MAY 4, 2004 PAGE 11 CC STUDY SESSION public comments during which members of the public are allowed to speak on items not on the agenda. Additionally, a member of the public may use the public comment period to request the addition of an item to a future agenda. Paragraph c) has new language regarding time limitations. The Mayor is responsible for enforcing the time limitand shall do so uniformly. CA/Jenkins explained in response to C/O'Connor that according to the Brown Act, members of the public have the absolute right to criticize the Council individually and by name. However, if an individual levels a personal attack on a Council Member that individual should be shut down. Paragraph d) speaks to how public hearings are held. Stafrs report is first heard, then Council asks technical questions ofstaff, then the public speaks after which the Council takes it back for deliberation and action. An exception to the five-minute rule is that a spokesperson could be designated to speak for a large group for a period of 15 minutes, for instance and the group could, by show of hands indicate their concurrence with the speaker's remarks. C/O'Connor noted that applicants were genera Ilynot restricted to the five-minute rule and she did not find that noted in the draft. CA/Jenkins felt itwould be appropriate to say the Mayor may give applicants additional time beyond their five minutes to present their project. Further, the document could include allowance for the applicant to present a brief rebuttal after the public comment portion. CA/Jenkins continued. Paragraph e) was simply a statement of the law and was unchanged. Council Member reports and Subcommittee reports was the opportunity for Council Members to request an item of business to be included in a future agenda. C/O'Connor thought that any Council Member could request an item be placed on the agenda. CA/Jenkins responded that the draft was written in the negative with the presumption being that the item would go on the agenda unless three people said "No." In response to C/O'Connor's comment, if requested item did not appear on the agenda if requested, CA/Jenkins stated that itwould be managerial issue. CA/Jenkins explained that the six-month rule was included to prevent a Council Member who disagreed with the disposition of an item to keep bringing it up meeting after meeting in an attempt to get itback on the agenda after the Council had disposed of it. Paragraph f)was a statement of the lawthat "final decisions of quasi-judicia I matters were not subjectto reconsideration. " Paragraph g) dealt with having to make a decision to extend the meeting past 11:00 p.m. Paragraph 3 contained general standards governing City Council meetings. These items MAY 4, 2004 PAGE 12 CC STUDY SESSION were not new, but merely written in different format. It dealt with written correspondence, agendizing items for future study sessions, meeting minutes referred to as modified action taken format. Paragraph d) Council conduct during meetings was moved to this paragraph from its prior location. Subparagraph 5 discouraged revisiting items during Council Comments that had been discussed during the regular meeting. Paragraph 6 remained as written. Paragraph VII was new and stated that Council Members had a dutyto vote either affirmatively or negative on all motions unless precluded by law i.e. conflict of interest. Paragraph 4 — City Commissions - contained some changes in language. Paragraph a) stated that Council Members may attend Commission meetings as a member of the public or to observe their appointees in action and that Council Members should avoid getting involved in such a way as to appear that they were trying to influence the outcome of their Commissions. Paragraph b) states that matters of significance would be referred to Council with a recommendation from the Commission. Paragraph c) went on to state that new ideas orprograms formulated by Commission would not be formal until approved by the City Council. Paragraph 5 dealt with presentations atother agencies and stated that a presentation must reflect the majority position of the Council and if not, Council Members must make it clear they were expressing their personal opinion. Relations with staff contained one change to Paragraph a) indicating that the Council, when criticizing staff should try to criticize work product rather than make personal attacks. CA/Jenkins continued his presentation indicating that Paragraphs a) through j) were similar to the current document. Paragraph 7, Ethical Responsibilities , was currently contained in the document. The biggest change to Paragraph 8 dealing with City media was to narrow the definition of City media to official City stationery and to introduce a new concept, that of individualize d City Council stationery and business cards which would be excluded from the definition of City media and make it clear that official City stationery could only be used by City Council members to communicate an official City policy, position or response to an inquiry. City media shall not be used to advocate for or against a candidate for political office, Paragraph b). Paragraph c) is new; This paragraph provides rules for how individualized stationery should beused. Personalized stationery could be used for any purpose that was germane to the Council Member's office provided that it shall not be used to so licitvotes, endorsements or funds in connection with a political campaign for re-election to the City Council. C/O'Connor felt Council Members should not have individualized stationery that contained the City's logo. CA/Jenkins asked if Council wanted to schedule this matter for a future study session. C/O'Connor said she had several additional questions and would like the opportunity to meet with staff prior to further study session discussion. MAY 4, 2004 PAGE 13 CC STUDY SESSION M/Zirbes said hewas comfortable with what was presented. He agreed that C/O'Connor should have an opport unity to meet with staff, allow staff to make additional changes based on tonight's discussion and input and bring the matter back for a future study session, when appropriate. C/Chang felt that Council Members should conform to a code of ethics with or without a document. Marie Buckland felt there should be no personal stationery for Council Members with the City's logo on it because there is too much room for misuse. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session to the regular meeting at 6:40 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2004. BOB ZIRBES, Mayor Agenda No. 6.1.5 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 4, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 4:22 p.m. in Room CC -8 of the South Coast Air Quality Management District/Govemm ent Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Huff, O'Connor, and Mayor Zirbes. Mayor Pro Tem Herrera was excused. Council Member Chang arrived at4:50 p.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Anne Lungu, Associate Planner; Sara West, Recreation Supervisor; Assistant. Fire Chief Nieto and Tommye Cribbins, Deputy City Clerk. Business License Review of Final Draft from the Sports Complex Task Force Review of Proposed Policies for Use of the Diamond Bar Center Council Standards of Operation/Cod a of Ethics Public Comments on Study Session Agenda Items M/Zirbes recessed the Study Session at6:40 p.m. CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to order at 6:52 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Zirbes reported that during the 4:00 p.m. Study Session, Council reviewed Business License, Council Standards of Operation and Code of Ethics, review of the Final Draft from the Sports Complex Task Force and also a review of the Proposed Policies for Use of the Diamond Bar Center. The Council took no reportable action. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Huff. INVOCATION: Darin Esplin, Church of Jesus Christ of Latter Day Saints, gave the invocation. ROLL CALL: Council Members Chang, Huff, O'Connor and Mayor Zirbes. Mayor Pro Tem Herrera was excused. MAY 4, 2004 PAGE 2 CITY COUNCIL Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services Director; Da vid Liu, Public Works Director; Sharon Gomez, Senior Management Analyst; Anne Lungu, Associate Planner; Sara West, Recreation Supervisor; Assistant. Fire Chief Nieto and Tommy Cribbins, Deputy City Clerk APPROVAL OF AGENDA: Approved as presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Zirbes introduced Miss Diamond Bar 2003 and her Court: Queen Tiffany Rush who then introduced Princesses Heather Holland, Stephanie Calhoun and Rachel Walton. M/Zirbes then went on to introduce Miss Diamond Bar 2004 and her Court: Queen Tara Unfried,who then introduced Princesses Alice Vijeswarapu and Xasha Valderrama. 1.2 C/O'Connor presented Certificates of Recognition to members of the 15th City Birthday Celebration Committee. 1.3 C/Huff proclaimed May as "Fire Service Month." Asst. Fire Chief Nieto accepted the Proclamation. 1.4 C/Chang proclaimed May as "Water Awareness Month." Vice -President Donald Nettles accepted the Proclamation. NEW BUSINESS RECOGNITION: 1.5 M/Zirbes presented Steve Kim, Manager of Market World with a City Tile for being named Business of the Month for May 2004 and displayed a Business of the Month video. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. PUBLIC COMMENTS: Anne Heisinger-Kemble , 23637 Bower Cascade, thanked the Council for the stop sign on Bower Cascade atAcolito because it had helped slow the traffic. She felt D.B. needed a larger and safer library with adequate parking that better reflected the City's status as "Diamond of the San Gabriel Valley" and one of the top 20 cities in America. In her opinion, a library was the best and highest use of the property next to the Diamond Bar Center. She urged the Council to act on this issue and help the community build a showcase library. Jerry Pilger, 23648 Bower Cascade PI., had witnessed a significant amount of growth in D.B. during the past 39 years and would like to see the library facility grow along with the City. The current facility is inadequate for a community the size of D.B. He thought a new facility was slated for construction at the Diamond MAY 4, 2004 PAGE 3 CITY COUNCIL Bar Center location but apparently that was not the case Dexter MacBride congratulated the City Council on its excellent track record and community support. Hefelt the City's library enjoyed an excellent staff that struggled to overcome significant difficulties such as lack ofspace, books, computers and parking. He suggested books that could help staff acquire a different perspective about libraries and urged residents to write the City Council urging them to build a facility atSummitridge Park. Ilia Kemble, 23637 Bower Cascade PI., a young person representing the youth of D.B. believed that the Mayor and City Council should urgently consider the need for a new library. Being unable to find resource materials, she and many other students found itnecessary to visit other libraries for their resource materials. She felt that D.B. was a great City and that it should have a great library. Edda Gahm thanked staff members Al Flores, Neighborhood Improvement Officer, RS/West and CSD/Rose for their outstanding assistance to her and to the community. Mike Goldenberg reported that the Diamond Bar Improvement Association (DBIA) would hold its eighth annual Paint the Town project on Saturday, June 5 beginning atabout 7:00 a.m. and continuing through the day. Hethanked the City and volunteers for their support. Irene Wang thanked Mayor Zirbes and other Council Members for coming to the library to read to the children and to visit the facility. She thanked the City Council, staff, Friends of the Library and residents who supported a new library. The small library and its staff are very service-oriented and even though certain books are not available atthe local facility they are obtainable through the mobile book program from the 84 libraries throughout Los Angeles County. The library has six computers. Last month Los Angeles County replaced four computers with new computers so that the library currently had six computers with Internet access for the public's use but the libra ry needed more than six computers to fill the resident's demand. She thanked the public for their support. Asst. Chief Nieto invited residents to attend the May 15 Regional Fire Service Day event at the Fire Station 118 Regional Headquarters, 15056 Gale Avenue at Azusa. This year eight Fire Explorers will travel to Germany on a cultural exchange program. He announced that the department made its first appointment of female Battalion Chief. On May 15 the department commences its three-week CERT (Community Emergency Response Team) training program atthe Diamond Bar Center. Interested persons should contact Leticia Pacias, Community Services Representative at909-469-2659. Eileen Ansari said that on May 15 there would also bean open house atthe Sheriffs Department from 10:00 a.m. to 3:00 p.m. She complimented the City on an exceptional birthday party. She reminded the Council that during a 1994 study the City determined the current library facility was inadequate for the City and MAY 4, 2004 PAGE 4 CITY COUNCIL urged the City to help the library with its computer system. She also urged the City to recognize the men and women in uniform and support the box program by listing shoebox items in the City's newsletter. She liked the City's newsletter and felt itshould contain more profile and recognition articles about staff members. Marie Buckland reiterated her strong feelings about community support of the troops. She thanked C/Chang for his supportof the troops and admonished other Council Members for their lack of support. Clyde Hennessee thanked the Public Works staff for their work on the City's streets and sidewalks. He felt the library was doing a good job for the City under the current budget constraints. Hefelt the Sports Complex Task Force produced an excellent recommendation. He suggest ed the City consider opening a satellite facility to house a number of computers to supplement the library's offerings. RESPONSE TO PUBLIC COMMENTS: DCM/Doyle responded to residents that the City had spent a considerable amount of money and effort to submit a California State Library Construction Bond application to fund the construction of new library. Staff recently received word that it cleared the first hurdle guaranteeing the application was eligibleto berated. D.B. is one of 70 applicants competing for funds. Staff is currently producing a computer- generated animation of what the new library would look like to present to the bond -rating staff. Atthe Mayor's direction the Library Task Force was created to preview the current state funding application and consider alternatives in the event of its failure. DCM/Doyle stated that in cooperation with the current letter writing campaign hewould prefer that instead of the Council, residents direct their letters of concern to the California State Bond Board asking that they fund D.B.'s request. C/Huff asked how much money the City had spent to date on the bond application to which DCM/Doyle responded in the area of $150-$200,000 toward a $7 million request. C/Huff reminded concerned residents that the City graded the library pad when it graded the Diamond Bar Center and that this Council had been and continued to be committed to building a new library atthe Summitridge site. DCM/Doyle reminded residents that the Council authorized a paved parking lot for the library that was constructed and incorporated in the funding request to show the City's good -faith effort towa rd completion of the facility. CM/Lowry reported that staff was gathering information from other cities about possible ways in which the City could honor the troops and that Council would soon receive a proposal for consideration. C/O'Connor asked that a prior speaker not admonish the Council Members for not doing their part to honor the troops. Council Members do not always publicize their gestures and she and her family have personally honored the troops. MAY 4, 2004 PAGE 5 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 LIBRARY TASK FORCE MEETING — May 10, 2004 — 6:30 p.m., CC -8, Government Center, 21825 Copley Dr. 5.2 PLANNING COMMISSION MEETING — May 11, 2004 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — May 13, 2004 — 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 Copley Dr. 5.4 YOUTH MASTER PLAN STEERING COMMITTEE MEETING — May 14, 2004 — 11:00 a.m., Diamond Bar Center, 1600 Grand Avenue. 5.5 LIBRARY TASK FORCE MEETING — May 17, 2004 — 6:30 p.m., CC -8, Government Center, 21825 Copley Dr. 5.6 CITY COUNCIL MEETING — May 18, 2004 — 6:30 p.m., Government Center/AQMD Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/O'Connor moved, C/Chang seconded to approve the Consent Calendar as present ed. Motion carried by the following Ro I I Ca I I vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Herrera 6.1 PLANNING COMMISSIONS —Regular Meeting of March 23— Received and Filed. 6.2 APPROVED WARRANT REGISTERS — dated April 22, 2004 and April 29, 2004 for a total amount of $465,999.00. 6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of March 2004. 6.4 ADOPTED RESULTION NO. 2004-15 APPROVING ELECTRICAL FACILITY COST SHARING AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OFTANSPORTATION (CALTRANS) FOR TRAFFIC SIGNALS. 6.5 (a) ADOPTED RESOLUTION NO. 2004-16 GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR PETITION 135-126 (DIAMOND BAR GOLF COURSE MAY 4. 2004 PAGE 6 CITY COUNCIL AND SYCAMORE CANYON PARK (b) ADOPTED RESOLUTION NO. 2004-17 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21), AND THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTRO L DISTRICT; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT-ORIGINA L AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT IMPROVEMENT NO. 3 AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT NO. 4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF PETITION 135-126 TO COUNTY LIGHTING MAINTENANCE DISTRICT 1006. 6.6 APPROVED NOTICE OF COMPLETION FOR DIAMOND BAR CENTER (KPRS CONSTRUCTION SERVICES, INC.) 6.7 AUTHORIZED CITY MANAGER TO APPROVE CONTRACT EXTENSION WITH THE NAKOMA GROUP IN THE AMOUNT OF $10,000 FOR A TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $55,000. 6.8 ADOPTED RESOLUTION NO. 2004-18 SUPPORTING AB712 (LIU): METRO FOOTHILLS GOLD LINE CONSTRUCTION AUTHORITY; AMENDING THE PASADENA METRO BLUE LINE CONSTRUCTION AUTHORITY. 6.9 APPROVED CONTRACT AMENDMENT NO. 3 WITH TRUGREEN LANDCARE TO INCREASE THE CONTRACT AMOUNT FOR THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT BY $48,450 FOR A TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $400,568.59 AND APPROPRIATION OF $20,000 FROM LLAD#38 RESERVES FOR DISTRICT #38 IMPROVEMENTS TO BE COMPLETED BY TRUGREEN LANDCARE. PUBLIC HEARINGS: None COUNCIL CONSIDERATION: 8.1 2003 PUBLIC SAFETY REVIEW -VIDEO PRESENTATION: DCM/Doyle introduced Captain Mike Kwan, Lt. Maxey, Deputy Mark St. Amant, Deputy Diane Dodd and Sgt. Christopher Blasnik, Walnut/Diamond Bar Sheriff's Station. Lt. Maxey presented the 2003 MAY 4, 2004 PAGE 7 CITY COUNCIL Public Safety Review Video. Mr. Hennessee said that in all instances of contact with Sheriffs deputies he has enjoyed an excellent rapport and he appreciated their service to the community. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBERS COMMENTS: C/Chang reported that he and other Council Members joined the seniors to celebrate Mother's Day. Hewished all mothers a Happy Mother's Day and much health and happiness. He asked staff to schedule 1) a Pomona Unified School District sub -committee meeting to discuss the Sports Complex Task Force recommendations for joint use agreement sand requested that CSD/Rose join the discussion and 2) an Economic Development Subcommittee meeting with a presentation by Kosmot about potential economic/financi al opportunities . C/Huff reported on the Alameda Corridor East Construction Authority. The first grade crossing is at Nogales and Valley using top-down construction. Friday he attended groundbreaking for the next grade crossing at East End. It was good to see the progress on this important safety project after so many years of planning. He asked that everyone honor his or her mother on Mother's Day. C/O'Connor congratulated outgoing Chamber of Commerce President Richard Malooly for a great year and welcomed incoming President Aziz Amid. She attended an Eagle Scout Code of Honor ceremony and reported that the four recipients completed their projects within D.B. She offered Mayor Zirbes and his family her condolences on the loss of his father-in-law. She asked that tonight's meeting be adjourned in memory of Jim Boyd. 10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting at 8:32 p.m., in memory of his father-in-law Jim Boyd. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of 2004. BOB ZIRBES, MAYOR Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 27, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:12 p.m. in the South Coast Air Quality Management District/Governm ent Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan and Commissioners Ruth Low, Joe McManus and Steve Tye. Vice Chairman Jack Tanaka was excused. 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 March 23, 2004, Regular Meeting minutes. C/Tye moved, C/McManus seconded, to approve the March 23, 2004, Regular Meeting minutes as presented. Without objection, the motion was so ordered with Chair/Nolan abstaining and VC/Tanaka absent. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): APRIL 27, 2004 Page 2 PLANNING COMMISSION 7.1 Development Review No. 2004-05 and Tree Permit No. 1004-03 (pursuant to Code Sections 22.48.020.(a)(1) , 22.38.070 and 22.38.130) was a request to demolish an existing two story single-family residence of approximately 4,000 square feet and construct a two story single-family residence with a basement, four car garage, patio cover, veranda and balcony totaling approximately 11,504 square feet. The request also includes a series of six retaining walls within the rear yard with a maximum exposed height ofsix feet for each wall. The Tree permit was related to the removal/replacem ent of two oak trees. PROJECT ADDRESS: 22807 Lazy Trail Drive (Tract 30091, Lot 249) Diamond Bar, CA 91765 PROPERTY OWNER: Ms. Rita Medirata 22807 Lazy Trail Drive Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 N. Benson Avenue, Unit C Upland, CA 91764 DCM/DeStefano reported that the applicant had withdrawn the project's application and no further action was required. 7.2 Development Review No. 2003- 09 and Tree Permit 2003-10 (pursuant to Code Sections 22.48.020.a. 1/22.38) was a request to construct a two-story, single family residence with basement including balconies, porch, deck and two attached two -car garages totaling approximately 15,930 gross square feet. Additionally, a request to encroac h upon the 10 foot protective drip line and canopy of a mature oak tree and reduce the crown of the oak tree by approximately 30 percent. PROJECT ADDRESS: 3131 Steeplechase Lane (Lot 2 of Parcel Map 23382) Diamond Bar, CA 91765 PROPERTY OWNER: Polly Wu 1326 Golden Coast Lane Rowland Heights, CA 91748 APRIL 27, 2004 Page 3 PLANNING COMMISSION APPLICANT: Simon Shum & Manolo Manalo S&W Development 20272 Carrey Road Walnut, CA 91789 DCM/DeStefano reported that the applicant had withdrawn the project's application and no further action was necessary. PUBLIC HEARING(S): 8.1 Development Review No. 2004-09 (pursuant to Code Section 22.48.020 (a)(1)) was a request to construct a two-story single-family residence of approximately 10,500 square feet including a four -car garage, balconies, patio cover and porch. The request also included a retaining wall of varying height not to exceed an exposed height of six feet. PROJECT ADDRESS: 21883 Golden Canyon Road (Tract 47850, Lot 2) Diamond Bar, CA 91765 PROPERTY OWNER/ Richard Gould/ Windmill Estates, LLC APPLICANT: 3480 Torrance Boulevard #300 Torrance, CA 90503 AssocP/Lungu presented staffs report. Staff recommended Planning Commission approval of Development Review No. 2004-09, Findings of Fact, and conditions of approval as listed within the resolution. C/Tye questioned the total square footage listed on the "site coverage calculation" (page 8). AssocP/Lungu responded that the calculation was part of the applicant's presentation presented to staff. Staff does their own calculations and includes them in the staff report i.e., site coverage is 17 percent. In order to comply with the City code, staff calculates all square footage i.e., first floor, second floor, garage, balconies, etc. Page 8 calculations are different from the City's site coverage calculations. C/Low asked about the development standards called out on page 3 with respect to parking. AssocP/Lungu responded that the standards are for a minimum two -car garage requirement. The applicant is proposing a four -car garage. Therefore, with theadditional square footage, the applicant meets and exceeds the minimum requirement. APRIL 27, 2004 Page 4 PLANNING COMMISSION Kurt Nelson, applicant, explained that the total square footage indicated on the application refers only to the footprint. He asked for clarification of Conditions (k)and (1) on page 6. Mr. Nelson explained that according to the approved hydrology study and drainage plans for Tract Map 47850 this lot, as well as all other lots in the tract drains to adjacent parcels because the pad isdesigned to drain to the street and into the storm drains. All ofthe lots have their property lines extend to the center of the private street. Technically, the project would not bein compliance according tothe condition as it is worded. Further, he was concerned about the sentence that read as follows: "that applicant shall berequired to provide a hydrology study prior to the issuance of any City permits." This is a house on a previously graded and approved lot that recorded a number of years ago and there was a hydrology study for the entire tract. He believed that the City's Engineering Department applied the SUSWMP requirements adopted by the state's Regional Water Quality Control Board. He respectfully requested staff reconsider this condition and approve the project based on staffs discretion in the matter. C/Tye felt it would be moot point because (n) indicated "if applicable." Mr. Nelson felt it applied more to condition (m) instead of (n). DCM/DeStefano suggested that the recommendation berevised asfollows: Condition (k) on page 6; "applicant shall delineate construction details for the proposed retaining wall with calculations and a precise grading plan for City review and approval." Condition (1); "all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. No on-site drainage shall be conveyed to adjacent parcels with the exception of the adjacent private street. The applicant shall be required to provide a hydrology study for the City's review and approval prior to the issuance of any City permits as required by the City's Public Works Director." Condition (n ); remove "if applicable" so that it reads "the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSWMP) requirements as required by the City's Public Works Director." Strike "to the satisfaction of the City's Engineer." Condition (m); Strike "Before the issuance of any City permits" and replaced with "If required by the Public Works Director the applicant shall etc." Chair/Nolan opened the public hearing APRIL 27, 2004 Page 5 PLANNING COMMISSION Seeing no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye moved, C/McManus seconded, to approve Development Review No. 2004-09, Findings of Fact, and conditi ons of approval as listed within the draft resolution with changes as outlined by staff for Conditions 5. (k), (1), (m) and (n). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, McManus, Low, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Tanaka 8.2 Development Review No. 2004-08 (pursuant to Code Section 22.48.020) was a request to construct a two-story, single family residence of approximately 8,336 gross square feet including balconies, porch, four -car garage and a site retaining wall with a maximum six feet exposed height. PROJECT ADDRESS I W091 W42 VAOITM 0 1 CIVA 3058 Windmill Drive (Lot 4, Tract 48487) Diamond Bar, CA 91765 Richard Gould Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staffs report. Staff recommended Planning Commission approval as listed within the resolution. Kurt Nelson, applicant asked for consideration on the conditions amended in Agenda Item 8.1. He asked that "soils and civil engineers" be added to Condition (m). He asked for an explanati on of "correct title block format" stated in Condition (e). DCM/DeStefano stated that Condition (e) on page 6 was subject to review by the Public Works Director. Staff would recommend changing Condition (g) on page 6 to read as follows: "The applicant shall delineate construction details for all retaining walls with calculations and a precise grading plan." Condition (k) on page 7; eliminate "This project is not exempt and adding "If required by the Public Works Director, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSWMP) requirements, etc." APRIL 27, 2004 Page 6 PLANNING COMMISSION Condition (1); "all drainage runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street. With the exception of said private street, no on-site drainage shall be conveyed to adjacent parcels. The applicant shall provide a hydrology study if required bythe City Engineer." Condition (m): "The applicant shall provide certification from a soils engineer and civil engineer that the pad is properly compacted and atthe proper elevation." Mr. Nelson thanked staff for their timely response to his concerns. Chair/Nolan opened the public hearing. Seeing no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/McManus moved, C/Low seconded, to approve Development Review No. 2004-08, Findings of Fact, and conditi ons ofapproval as listed within the draft resolution including condition amendments as recommended by staff. AYES: COMMISSIONERS: Low, McManus, Tye, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Tanaka 8.3 Development Review No. 2004-07 (pursuant to Code Section 22.48.020) was a request to construct a three- story, single family residence of approximately 4,258 gross square feet including terraces, two car garage and a site retaining wall with a maximum six feet exposed height. PROJECT ADDRESS: 1200 Chisholm Trail (Lot 15, Tract 37873) Diamond Bar, CA 91765 PROPERTY OWNER/ Stephan Teran APPLICANT: 648 Gardenia Avenue Placentia, CA 92870 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-07, Findings of Fact, and conditions ofapproval aslisted within the resolution. DSA/Smith explained to C/Tye that the project is considered to be a two-story project. However, in the deck area, it could be considered a three-story p roj ect. APRIL 27, 2004 Page 7 PLANNING COMMISSION Stephan Teran, applicant, asked if the approved geotechnical report submitted in September 2003 would suffice (page 7, Condition (n). With exception of that condition, heconcu rred with the balance of the conditions as outlined in the draft resolution. DSA/Smith explained that when a project is constructed on a specific site it sometimes requires a soils report. Indeed a soils report was approved for all four lots. This requirement is for specific design criteria. The report will be used as a guide to make certain that the project is buildable. Mr. Teran acknowledged his acceptance ofDSA/Smith's explanation of the requirement. Chair/Nolan opened the public hearing. Seeing no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye asked ifthe Commission should likewiseaddress the SUSWMP issues for this project. DCM/DeStefano responded with the following condition modifications: Condition (h)onpage 6:"The applicant shalldelineate construction details for all retaining walls with calculations and submit a precise grading plan." Condition (k) on page 7: "If required by the Public Works Director, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements, etc." C/McManus moved, C/Tye seconded, to approve Development Review No. 2004-07, Findings of Fact, and conditions ofapproval with changes as recommended by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, Tye, Low, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Tanaka APRIL 27, 2004 Page 8 PLANNING COMMISSION 9. PLANNING COMMISSION COMMENTS/INFORMA TIONAL ITEMS: C/Tye reiterated how much he appreciated staffs efforts. He commended AssocP/Lungu for taking care ofthe signage at Grand Avenue and Golden Springs Drive, a terrific improvement. C/Low thanked staff for the joint commission meeting presentation by CA/Jenkins. It was veryinformative and asthe need arises and ifCA/Jenkins isavailable, itwould be advisable to schedule similar meetings on a regular basis. Chair/Nolan concurred. He thanked staff and the City for sponsoring the Commissioners at the Planning Institute in Monterey. The education and opportunity to share information with other municipalities was extremely helpful. The Esprit d corps between the Commission and staff was also very helpful. 10. STAFF COMMENTS/INFORMA TIONAL ITEMS: 10.1 Public Hearing Dates for future projects. DCM/DeStefano stated that at its last meeting the City Council considered an urgency ordinance that ifadopted, would takeimmediate effect. Council did adopt Interim Ordinance 2004-01 that addressed the growing concern of second dwelling units that would be 1200 square feet in size, three bedrooms, two baths, etc., i.e., a full-blown home being proposed and developed on properties within the City. Staff became concerned that the projects were beginning to fall outside the scope of what state law intended. The ordinance froze applications in process (1) and prohibited the submittal and review of any new projects that exceeded 500 square feet in size. This is an interim ordinance meant to last a minimum of 45 days and can be extended for a longer period of time, a likely occurrence in light of pending state legislation. DCM/DeStefano suggested the Commissioners review the following Websites: www.planning.org , the American Planning Associations site and www.plannersweb. com designed specifically for Planning Commissioners. DCM/DeStefano reported that Water District Board Director Joe Ruzicka offered that the Commissioners join him on the Hoover Dam aqueduct system inspection tour June 4 through 6. Anyone interested should let the water district know by May 17. APRIL 27, 2004 Page 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at8:21 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Dan Nolan Agenda Item No. 6.3.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CENTER SYCAMORE ROOM 1600 S. Grand Avenue MU=lei l_l011111Ly, =1=1IIZ W APRIL 8, 2004 CALL TO ORDER: Vice Chairman Grundy called the meeting to order at 7:06 p.m. in the Sycamore Room at the Diamond Bar Center, 1600 S. Grand Avenue, Diamond Bar, CA 91765 ROLL CALL: Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons, and Commissioners Benny Liang and Marty Torres. Commissioner Ling -Ling Chang arrived at7:10pm. Staff: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Supervisor; and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR - None 2. INFORMATIONAL ITEMS - None 3. OLD BUSINESS: CSD/Rose explained the recommended Park Improvements for the 2004/05 Fiscal Year Budget — The City's fiscal year is from July 1 through June 30. Each year the City Council adopts a budget that accomplishes thegoals ofthe City Council. One of the goals of the City Council is to implement the Parks Master Plan. The Parks Master Plan lists a number of projects that, when completed, will provide the community with new and improved park amenities. The Parks and Recreation Commission has the opportunity to review the listofproposed park projects listed in the Parks Master Plan and to recommend which projects should beincluded in City Council's 2004/05 FY budget. The Parks and Recreation Commission reviewed the list of park projects in the Parks Master Plan to provide recommendations for a prioritized list of projects to the Council to consider for the 2004/05 Fiscal Year budget. APRIL 8, 2004 PAGE 2 P&R COMMISSION SPECIAL MEETING Commissioners added the following in their order of importance: 1. Phase 3 Sycamore Canyon Park ADA Retro -Fit Project Improvements Triple -Wide Portable Building with ADA Accessible Restrooms - CSD/Rose explained the costs for new modular buildings. 1) Triple wide modular building cost is approximatel y $100,000. 2) Permanent structure cost is approximately $1,000,000. The Daycamp location is a concern because it is held in an old, small facility. A possibility is to recommend to the Council other locations for daycamp, with an example being the YMCA. The YMCA provides year round child care programs for preschool, before and after school, and after school care for teens. Costs for this idea have not yet been discussed. The final recommendation from the P&R Commission includes moving the existing building and replacing itwith a new building. Adjacent Patio Area Tot Lots with Climbing Wall Retaining Wall 2. Artificial Turf Soccer/Football Field - Either Lorbeer or Chaparral as Determined by the City Council. CSD/Rose explained the ballfields at Lorbeer are not maintained well by the school district and are getting worse. The cost for artificial turf is approximately $600,000. 3. Improvements to LLAD #39 Mini Parks Longview North - New Benches/Barbecue Longview South - New Benches/Picnic Table/Barbecue Summit Ridge Mini Park - New Benches/ADA Decomposed Granite Trail Access Star Dust - Replacement Sand/Ne w Benches/Barbec ue/Drinking Fountain Silver Tip - Renovate Slope Planting/New Benches/Picnic Table/Barbecue 4. Peterson Park Improvements Park Benches along Perimeter Walkway Relocation/Repai rTrash Container Area New Security Lights for Parking Lot and Building New Decorative Concrete Trash Cans 5. Maple Hill Park - Replace Pre-school Play Equipment in Tot Lot CSD/Rose explained the general fund costs, grant funds that are in place and the costs to replace play equipment. APRIL 8, 2004 PAGE 3 PSBR COMMISSION SPECIAL MEETING ADJOURNMENT : Upon motion of VC/Lyons, seconded by C/Chang and there being no further business to come before the Parks and Recreation Commission, Chairman Grundy adjourned the meeting at9:19 pm Respectfully Submitted, Bob Rose Secretary Attest: Chairman Dave Grundy AGENDA #6.4 NOTICE REGARDING THE WARRANT REGISTER Please note that the Warrant Register has not been included in the electronic versions of the City Council Agenda Packets on the City's Web Site because severe formatting errors occur when attempting to convert this material. If you are interested in receiving a copy of the Warrant Register, please contact the City Clerk's office at 909-839-7000 to receive a FAXed copy or to pick one up in person. We apologize for the inconvenience. CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6. S Meeting Date: May 18, 2004 AGENDA REPORT TITLE: Rejection of Claim —Filed by Charm Park —April 16, 2004. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Counc it reject the claim filed by Charm Park. FINANCIAL IMPACT: There isno financial implication associated with rejecting this claim. The claim for damage is for approximatel y$1000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On April 16, 2004, Charm Park filed a Cla im for Damages with the City alleging that the roots from a City tree damaged his driveway. 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 Counc il, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Deputy 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 # 6.6 Meeting Date: May 18, 2004 AGENDA REPORT TITLE: Approve Plans and Specifications, and award the construction contract for the Fiscal Year (FY) 2003-2004 Community Development Block Grant Sidewalk Installation Project to Dye and Browning, Inc. in the amount of $69,526.12, and authorize a contingency amount of $14,000.00 for project change orders, to be approved by the City Manager, for a total authorization amount of $83,526.12. RECOMMENDATION : Approve Plans and Specifications , and award the construction contract. FISCAL IMPACT: $162,125.00 of CDBG funds have been budgeted for the FY 2003-2004 CDBG Sidewalk Installation Project. BACKGROUND: The FY 2003-2004 CDBG Sidewalk Installation Project includes the following location: • North side of Golden Springs Drive along State Route (SR) 60 Freeway, approximately between Gateway Center Drive and Brea Canyon Road. Scope of work includes removal of asphalt and concrete, construction of new concrete sidewalk and driveway approaches, asphalt concrete paving. Total length of sidewalk improvement is approximately 3,600 linear feet. DISCUSSI ON: Eleven (11) bids were submitted and opened on April 29, 2004. The lowest responsible bidder is Dye and Browning Construction Inc. The bids received were as follows: No. Company Bid Amount I No. Company Bid Amount Dye and Browning 1 Construction Inc $69.526.12 7 FS Construction $103,024.on E.2 Construction, I I 18 I.N. Inc.n $79,374.00 I NPG Corporation $103,740.00 Damon Construction 3 Co. $81,431.25 9 BJ Development $111,939.00 Southland 4 Gentry Brothers, Inc. $84497.00 10 Construction $114,107.00 International 5 Olivas Valdez, Inc. $91,764.00 11 Pavement Solutions $145,116.05 6 Kalban, Inc. $101,121.00 Key aspects of requirements placed upon the contractor include: • Completion of all work within thirty (30) calendar days • Liquidated damages of $500.00 per day for non-conformance • Compliance with CDBG requirements • Labor compliance with Davis -Bacon Act The Public Works Division has checked the contractor's license and bid bond and found them to be current and valid. Dye and Browning Construction Inc. has satisfactorily completed similarprojects for other cities in Southern California. The project schedule is tentatively set as follows: Award of Contract May 18, 2004 Start of Construction June 7, 2004 Completion of Construction July 30, 2004 Project Plans and Specifications are available in the Office of the City Clerk for the public's review. PREPARED BY: Javier R. Peraza, Management Analyst REVIEWED BY: David G. Liu James DeStefano Director of Public Works Deputy City Manager Attachment: Construction Contract Agreement -2 - CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.7 Meeting Date: May 18, 2004 AGENDA REPORT TITLE: Appropriate $26,250.00 From Unappropriated Proposition C Fund Balance, Approve Contract Amendment No. 1 with Advantec Consulting Engineers for the Citywide Traffic Signal Timing Project to Monitor and Fine -Tune the Signal Timings for an Additional Two Years in the Amoun t of $24,500.00, and Authorize a Contingency Amount of $1,750 .00 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $ 26,250.00. RECOMMENDATION: Appropriate Proposition C Funds and approve the contract amendment. FINANCIAL IMPACT: A total of $26,250.00 of Proposit ion C Funds must be appropriated for these additional services. BACKGROUND/DIS CUS SION: On December 17, 2002, the City contracted with Advantec Consulting Engineers (Advantec) to develop and implement a Citywide Traffic Signal Timing Plan that would coordinate the performance of all traffic signals within Diamond Bar. The project's objectives were to: (1) optimize the traffic flow on the City's main arterials without adversely affecting side streets' traffic; (2) shorten travel time; (3) reduce overall vehiclestops and delays; and (4) improve airquality. The project evaluated traffic flows during the morning and afternoon peak hours. In September/Octobe r, 2003, the consultant implemented changes to the traffic signal timings. Following are the traffic movement improvements as a resu It of those changes: • Reduction in Travel Time: • Reduction in Number of Stops: • Increase of Average Speed: • Reduction in Total Delay: • Reduction of Fuel Consumption: • Reduction of Carbon Oxide Emissions Mornina Peak Hours 10% 16% 11% 17% 11% 10% Afternoon Peak Hours 13% 17% 16% 24% 12% 12% Since October, 2003, Advantec has been monitoring, adjusting and fine-tuning signal timings on an as -needed basis so that residents and business owners can reach their destinations as efficiently as possible. The contract with Advantec will expire on June 30, 2004. This amendment no. 1 will allow them to continue monitoring and fine-tuning the signal timings until July 1, 2006 with an option of additional three annual extensions to be approved by the City Council. PREPARED BY: Kimberly Molina, Assistant Engineer Date prepared: May 13, 2004 Fred Alamolhoda, Senior Engineer REVIEWED BY: David G. Liu, Director of Public Works James DeStefano, Deputy City Manager Attachment: Advantec Consulting Engineers' Proposal "Exhibit C" Amendment No. 1 to the Consulting Services Agreement AMENDM ENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the Agreement is made and entered into this 18th day of May, 2004, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and ADVANT EC CONSULTING ENGINEERS (hereinafter referred to as "CONSULTANT") . A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide Professional Traffic Engineering Services, which the Agreement was dated December 17, 2002. (ii) The CONSULTANT has submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "C to provide monitoring and fine-tuning for the Citywide Traffic Signal Timing. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT Section 1 : Section lA of the Agreement is hereby amended to read: "A. Scope of Services, the nature and scope of the specific services to be performed by Consultant are as described in Exhibit "C", dated May 3, 2004, for Citywide Traffic Signal Timing Monitoring Services. " Section 2: Section 2 of the Agreement is hereby amended to read: "Term of Agreement, the term of this Amendment No. 1 to the Agreement shall continue until July 1, 2006 with an option of three annual extensions to be approved by the City Counc il." Section 3: Section 3 of the Agreement is hereby amended to read: "Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the Exhibit "C". Payment will be made only after submission of proper invoices in the form specified by City. The total payments to Consultant pursuant to this Amendment No. 1 shall not exceed 526,250.00." Section 4: Each Party to this Amendment No. 1 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. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Consulting Services Agreement as of the day and year first set forth above: APPROVED AS TO FORM: CONSUL TANT: Advantee Consulting Engineers By: City Attorney Bernard K. Li, Vice President CITY OF DIAMOND BAR Linda C. Lowry, City Clerk Linda C. Lowry, City Manager DATE: CITY COUNCIL T0: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # _6.8 Meeting Date; 05/18/04 AGENDA REPORT TITLE: ADOPTION OF RESOLUTION NO. 2003-60B AMENDING RESOLUTION NO. 2003-60A REVISING THE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BAR Recommendation: Adopt Financial Impact: None Background: The City Council adopted Resolution No. 2003-60A on March 2, 2004 up -dating the policies and fees for the use of the Diamond Bar Center. At that time the City Council requested additional research on four issues prior to establishing a policy. These issues involved; 1. Use of Incense. 2. Use of Animals such as Horses and Elephants. 3. Diamond Bar -based non-profit Senior Groups Discount for weekend use (When banquet room is not already reserved 21 days prior to date) 4. Use of outdoor grounds for wedding ceremonies. Discussion: Recommended changes to the use policy are highlighted through shading (added text) or s4ikeeut (removed text). Following are the recommended changes to the Facility Use Policy for the Diamond Bar Center; 1. Use of Incense — Section VIIL 4 (Page 16) and Section VIIL 22 (Page 18) Incense, fog, or smoke use is not permitted in the Diamond Bar Center. ;; iAGl diAq i^^^^^^ flame, ^r r __ �� __..ear . Fire and open flame are strictly prohibited without specific, prior approval from Diamond Bar Center Management and the Fire Marshall's written approval and his/her presence at the event while the approved fire or open flame is in use. (User of facility is responsible for all L.A. County Fire Department fees related to the required presence of the Fire Marshall.) The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire Department standards. A copy of your tea light permit must be submitted to the Diamond Bar Center a minimum of 7 days prior to event. The use of fog generating machines is prohibited. Sterno heaters for food warming is allowed without a permit by licensed caterers if heater is placed under a chafing dish on a table with no guests seated at the table. 2. Use of Animals such as Horses and Elephants — Section VIII. 5 (Page 16) Animals are not permitted in the Diamond Bar Center 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. Diamond Bar Municipal Code section 12.00. 260 specially prohibits animals in parks (except leashed dogs and cats, and horses on equestrian trails) unless permitted by the Director. Permits will be considered when animal is provided by an insured business and the following conditions are met; 1. Animal must remain under the control of the business animal handler at all times 2. Business must provide one million dollars in liability/property damage insurance listing the City of Diamond Bar as an additional insured, per Section VIL 3. User of facility must pay a $1,000 cleaning/propert y damage deposit and a $100 staff monitoring fee. 4. Animal must remain on asphalt roads and asphalt parking lots as specified by Diamond Bar Center Management, at all times while on site. The Director and the Planning Depaftfflent must approve request in writing for the animal to be permitted. 3. Diamond Bar -based non-profit Senior Groups Discount for weekend use — Section VI. 1. D. iv. (Page 8) 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 advanc e. When the Banquet Room is not reserved for weekend use 21 days or less prior to desired use, Diamond Bar -based non-profit Senior Groups may reserve use of Banquet Room for the discounted rate of $30 per hour of use, with a 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 of facility, and must receive prior to approval from the Center Director. Costs incurred by the City for this type of use include; Staffing — $15.00/hr each staff person Utilities-- $10 per hour approx. Examples of cost/revenue for senior use; city Cost Senior Fee (City Revenue) a. 2 hour use for 100 seniors = $100 $120 (4 hours of one staff, $60 4 hours of utilities; $40) b. 6 hour use for 400 seniors = $400 $420 (10 hours of two staff; $300 10 hours of utilities; $100) 4. Fee for wedding ceremony on the grounds of the Diamond Ba r Center — Section X. (Outdoor Usage Fee. Pg. 23) Outdoor Usage Fee: $100 --Used in conjunction with Grand View Ballroom rental, specific outdoor area will be designated to renter/party . Staff does not propose that the City provide any equipm ent for the wedding ceremony. All equipment would be the responsib ility of the user through a private rental company. REVIEWED BY: Bob Rose James DeStefano Community Services Director Deputy City Manager RESOLUTION NO. 2003-60B ARESOLUTION OF THE CITY COUNCIL. OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2003-60AREVISING 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. 2003-60A on March 2, 2004 establishing policies and fees for the use of the Diamond Bar Center; (i i) Staff has been utilizi ng the adopted policies and fees to schedule reserved use since their adoption on March 2, 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. Resolutioi NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar That: 1. 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. 2. Resolution No. 2003-60A is hereby rescinded. PASSED, APPROVED AND ADOPTED this day of 2004. BOB ZIRBES Mayor 4 ATTEST: LINDA LOWRY City Clerk I, LYNDA LOWRY, 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 Diam and Bar held on this day of 2004, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS LINDA LOWRY, 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 March 2, 2004 Resolution No. 2003-60A --DRAFT REVISIONS — 5/18/04 Facility Use Information (909)839-7070 City of Diamond Bar 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 V1. ROOMS AVAILABLE FOR USE 7 1. Banquet Room Use 7 2. Sycamore, Oak, Willow, Pine and Maple Room Use 9 (Meeting Rooms and Senior Room) 3. Kitchen Facilities Use 12 VII. LIABILITY AND INSURANCE 12 VIII. GENERAL OPERATING REGULATIONS 14 Ix. VARIANCES 18 X FACILITY USE FEE SCHEDULE 20 XI. EQUIPMENT RENTAL FEE SCHEDULE 23 XII. TENANT USERS INSURANCE INFORMATION 24 7 City of Diamond Bar Diamond Bar Center Facility Use Policy L DES CRIP T ION OF FACILITY The City of Diam and Bar Diam and Bar Center ("Center" or "facility") is a 22,500 square foot facility owned and operated by the City of Diamond Bar and located at 1600 S. Grand Avenue. The facility consists of assembly rooms, meeting rooms, activity rooms, senior citizen room, banquet rooms, and a catering kitchen. All of these rooms are available for use in accordance with the terms of this Facility Use Policy ("Use Policy'), which is administered by the Community Services Division of the City. All rooms listed are for multi-purpose use: a. Grand View Ball Room — stage, patio/balcony, room may be separated into 5 separate rooms. Dining capacity: 438 Dining capacity w/1000 sq. ft. dance floor: 372 Dining capacity w/500 sq. ft. dance floor: 405 Theatre capacity: 822 b. Sycamore Room— Patio, dining capacity: 60 theater capacity: 128 c. 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 1. "Center Director" means the administrative head of the Diamond Bar Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. 2. "City" means the City of Diamond Bar, acting through its officials, representatives, agents, and employees. 3. "User" means an individual who or group which obtains a permit to use the 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 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 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 groups. C. GROUP C: 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.) n. C-2- Activities conducted by 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 Diam and Bar based 501(C)(3) non-profit organization shall be submitted as a condition of an organization receiving classification in this group. D. GROUP D: Private events conducted by Diam and Bar residents. 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.) Priority for use of the facil ity 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 C1 and C2: Up to fifteen (15) months in advance. Groups Dl & D2: Up to fifteen (15) months in advance. Group E: Up to twelve (12) months in advance. 4. 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 for Grand Ballroom use. 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 weeke nd rate. Use on New Year's Eve shall be charged weekend rates and shall require minimum use of 2/3 Grand Ballroom. 6. Observed Holidays — Thanksgiving Day and Christmas Day — No use shall be scheduled on observed holidays without Center Director's approval. 7. Upon approval of an applicati on, a facility rental contract will be issued authorizing the requested use of the facility. The Center Director may attach such conditions to the 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. 10 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 submitted simultaneously for the same date, time and room(s), the applications will be processed according to priority rankings. Use may be denied and the application rejected for the following reasons: A. That the Center is physically incapable of accommodating the proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance. B. That the user has failed to demonstrate its ability to provide adequate security to assure that the event is conducted in a safe manner. C. That the applicant has failed to agree to comply with all of the conditions of this Use Policy or those set forth in the facility use permit. D. That the activity is likely to cause physical damage to the Center or its equipment. E. That conditions for the issuance of a facility use permit have not been fulfilled. That any law or regulation is violated by an intended use. G. That another event is already scheduled on the requested date. H. That the applicant previously used the facility and failed to comply with applicable rules or conditions, or due to damage or lack of cleaning, did not receive all of its cleaning deposit back. That the applicant has twice before cancelled a scheduled event in the facility without prior notice. 10. If at any time prior to or during the scheduled event the applicant/user is not in compliance with the policies and regulations stated in this Use Policy or the conditions of the facility use permit, and after notice of noncompliance has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation or terminate the event. Under those circumstances, no deposits and/or fee(s) previously paid by the applicant shall be returned. 11. The City reserves the right to cancel a permit issued for any event or activity for its convenience. In the event of such a cancellation, notice shall be given as far in advance as possible and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. 11 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 at least 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 at least 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: a. Weekend reservations cancelled 90 days or more prior to the event will receive a refund of fees minus $100. b. Weekend reservations cancelled 30-89 days prior to the event will receive a refund of fees minus $500 or amount of rental fee deposit, whichever is less. 12 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 $100. 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 30 days or more prior to the event will receive a full refund minus $10. If cancellation is received 29 days or less prior to the event there will be a$ 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. When the Banquet Room is not reserved for weekend use 21 days or less prior to desired use, Diamond Bar -based non-profit Senior Groups may reserve use of Banquet Room for the discounted rate of $30 per hour of use, with a 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 of facility, and must receive prior to approval from the Center Director. 13 E. Recurring Banquet Room Use by Group C Organizations Non-profit organizations in this classification are allowed two 2 uses of banquet room(s) per calendar year. These uses apply Monday -Friday (before 5:00 pm on Friday) only and the group shall pay $20 per hour of use plus cleaning deposit. n. 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. 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. Sycamore, Oak, Willow, Pine and Maple Room Use (Meeting Rooms and Senior Room) A. Reservation Procedures for Meeting Room, Sycamore, Oak, Willow, Pine and Maple 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. 14 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 Sycamore, Oak, Willow, Pine and Maple 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 Sycamore, Oak, Willow, Pine and Maple 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 $50. b. Weekend reservations cancelled 30-59 days prior to the event will receive a refund of fees minus $500 or amount of rental fee deposit, whichever is less. c. Weekend reservations cancelled 29 days or less prior to the event will receive no refund of the rental fees and a full refund of the cleaning deposit. d. Weekday reservations cancel led 30 days or more prior to the event will receive a refund of fees minus $50. e. Weekday reservations cancelled 29 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. ii. Group C (Non-profit groups) reserving meeting rooms shall adhere to the following cancellation policy: a. If cancelled 30 or more days in advance group shall receive an entire refund and this will not count toward one of their twelve meeting room 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. 15 D. Recurring Use of meeting room, game room, activity room by Group B Organizations (Senior Groups) i. Senior use of meeting room, game room, and activity room is limited to weekdays. Rooms may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve one use of one meeting room, game room or activity room per week. E. Recurring Use of Senior Room by Group B Organizations (Senior Groups) Senior use of senior room is available seven (7) days per week, during regular operating hours of facility. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve two uses of senior room per week. iii. When senior room is not scheduled for senior use, use may be offered to other users, per meeting room policies. Recurring Use of Meeting Rooms by Group C Organizations (Diamond Bar Based Non - Profit Organizations) Non-profit organizations in this classification are allowed twelve (12) uses of meeting rooms per calendar year. These uses apply Monday -Friday (Friday before 5:00 pm) only and the group shall pay $20 per hour plus cleaning deposit. Requirement for cleaning deposit ($100) added for non-profit (Group C) reserved use of meeting rooms. Currently, cleaning deposits are not required from non- profits for use of meeting rooms. 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. Kitchen Facilities Use A. Reservation Procedures for Kitchen Facilities Use 16 The kitchen is divided into two sections: a. General Use Section b. Catering Kitchen ii. The General Use Section is availab le at no cost to all users scheduled at the Diamond Bar Center on a first come, fust 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. Equipmen t availab le includes refrigerato r/freezer (items must be removed after each scheduled use), microwave oven, convection oven, warming top, hot food service unit, warming ovens (2), 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 limit. (If alcohol is to be served, insurance coverage stall include coverage for serving alcohol beverages). All of user's insurance shall: A. Name the City of Diamond Bar, its employees, officials, agents, (collectively hereinafter "City and City personnel") as additional or co-insured on an endorsement. 17 B. Contain no special limitations on the scope of protection afforded to City and City personnel. C. Be the primary insurance and any insurance or self-insurance maintained by City or City personnel shall be in excess of the user's insurance and shall not contribute with it. D. Shall be "date of occurrence" rather than "claims made" insurance. E. Shall apply separately to each insured against the limits of the insurer's liability Shall be written by insurance companies qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City's Risk Manager due to unique circumstances. G. The applicant's policy must include a 30 -day written cancellation notice. Certificate of Insurance -- The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: A. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of 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 Diamond Bar 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, 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. 18 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 immediate revocation of the permission to use alcohol and termination of the event. Additional regulations and specifications may be required in the facility use permit for any event. A. "Alcohol use" refers to any beverage that contains any amount of alcohol. B. Security is required to be present at all events at which alcohol is served. Cost of the security is the responsibility of the user and is payable directly to the 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 Diamond Bar Center, shall be the sole responsibility of the organization, its sponsor or the adult representativ e, who, as a condition of signing the use permit for the facility agree to indemnify the City for any such injuries. E. Permission to serve alcohol shall not be granted for any event where the majority (50% plus one) of guests in attendance will be under the age of 21. Alcohol may neither be served nor sold prior to the scheduled start of the event nor until the approved security officer/s 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. 19 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 furnished to A.B.C. when applying for this license. iii. A copy of the A.B.C. license must be furnished to the Diamond Bar Center a minimum of seven working days prior to the event. iv. A copy of the A.B.C. license must be posted in plain public view near the bar, or other location, where the alcohol is being served. 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 p , 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 in cups, glasses, or cans (no bottles). M. When serving champagne, all bottles must be opened in the kitchen prior to serving. Champagne bottles may not be opened in the 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 20 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 Diamond Bar Center. Smoking is permitted in designated outdoor areas only. Incense, fog, or smoke use is not permitted in the Diam and Bar Center.;—inejtidinf. i"eenso "^m^ or ^m^'C^ Fire and open flame are strictly prohibited without specific, prior approval from Diamond Bar Center Managem ent and the Fire Marshall's written approval and his/her presence at the event while the approved fire or open flame is in use. (User of facility is responsible for all L.A. County Fire Department fees related to the required presence of the Fire Marshall.) The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire Department standards. A copy of your tea light permit must be submitted to the Diamond Bar Center a minimum of 7 days prior to event. The use of fog generating machines is prohibited. Sterno heaters for food warming is allowed without a permit by licensed caterers if heater is placed under a chafing dish on a table with no guests seated at the table. Animals are not permitted in the Diamond Bar Center 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. Diamond Bar Municipal Code section 12.00.260 specially prohibits animals in parks (except leashed dogs and cats, and horses on equestrian trails) unless permitted by the Director. Permits will be cons idered when animal is provided by an insured business and the following conditions are met: 1. Animal must remain under the control of the business animal handler at all times 2. Business must provide one million dollars in liab ility/property damage insurance listing the City of Diamond Bar as an additional insured, per Section VII. 3. User of facility must pay a $1,000 cleaning/propert y damage deposit and a $100 staff monitoring fee. 4. Animal must remain on asphalt roads and asphalt parking lots as specified by Diamond Bar Center Managem ent, at all times while on site. The Directo r must approve request in writing for the animal to be permitte d. Illegal Activities shall not be pemiitte d. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Fighting, gambling and lewd conduct are prohibited. Removal of Equipment from the building is prohibited without permission of Center Director. Moving, rearranging, or altering equipment for purposes other than its intended use is also prohibited. City equipment shall not be removed from the facility. Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately following activity. The Center reserves the right to remove any remaining items from the premises and have them stored at the owner's expense. If such equipment or supplies are not 21 claimed within two (2) weeks after notice to the applicant/user, the Center reserves the right to dispose of such material in any manner it deems appropriate and retain any proceeds received from such disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the user with payment due and payable in thirty (30) days. Advertising Materials may be left with the Center Director for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded. 10. In the event of damage, destruction or defacement, the applicant shall be liable for all expenses required to repair, restore or replace the facility, its furnishing, or equipment to its original condition. 11. Minimum group attendance to request a meeting room is five (5) people. The estimated attendance will be used to determine appropriate room placement. The Center Director has the authority to determine appropriate room placement based on attendance and nature of event. 12. Sleeping or lodging is not permitted in the Center. 13. Allocation of Rooms shall be the sole responsibility of the Center Director. The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of request or deny requests if they are deemed inappropriate for the facility. All requests must be in writing and submitted to the Center Director on the required forms. 14. Clean up is the user's responsibility. This includes the wiping of table tops, ensuring chairs are clean, removing all trash from floors, disposing of all trash into proper receptacles and removing to outside dumpsters, mopping of kitchen floor, wiping of counter tops and kitchen equipment, cleaning up all spillage in refrigerators/freezers , and removal of all user -owned or leased (non - City owned) items. Clean-up time is the hour following the exit time of guests from the facility. At this time all personal/rental items must be removed from the facility. Storage is not provided at the Diamond Bar Center. During this time the cleaning of tables and chairs, removal of trash to outside dumpsters and cleaning of the kitchen area, etc., must be completed by the user. 15. Food and Beverage - No foods or beverages that cause permanent stains to the facility are allowed; including red punch, red food coloring, and curry. 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 that are specifically geared to minors maybe 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. 22 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 by 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. Fire and open flame are strictly prohibited without specific, prior approval from Diamond Bar Center Management and the Fire Marshall's written approval and his/her presence at the event while the approved fire or open flame is in use. (User of facility is responsible for all L.A. County Fire Department fees related to the required presence of the Fire Marshall) 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. See paragraph 4 above for more details. 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. 23 ii. Relief from cancellation fees when facility is then used by an alternate party that pays fees similar to or more than the cancelled event (for the same date and approximate time as the cancelled event). If variance is granted, a $5.00 refund processing fee will be deducted from relief amount. iii. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls. iv. Additional recurring use and/or subsidized weekend use by Priority Group C organizations. Large events that involve the use of multiple rooms and/or spaces not normally scheduled for use and uses that may result in parking of event attendees in areas beyond the boundary of the Diam and 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 finding that: 1) the circumstances presented are unusual and not likely to recur often; 2) the grant of the variance will not set a precedent; an d 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. X. -- Facility Use Fee Schedule Groups A: City of Diamond Bar Sponsored Activities Group B: City recognized Senior membership groups 24 Group A: No fees Group B: No fees for regular weekday use Group C 1 & 2: Other Governmental Agencies and Local Non-profit Service Groups Room Weekday Rates Weekend Rates Cleaning Deposit Grand View Ballroom $100/hr* $200/hr* $500 Minimum 5 hour rental during weekend hours $100/hr for each additional hour Grand View Ballroom $67.50/hr* $135/hr* $350 (Divided 2/3) Minimum 5 hour rental during weekend hours $67.5/hr for each additional hour Grand View Ballroom $45/hr $100 (Divided 1/3) Banquet Room $27hr $100 divided 1/5 Pine Room (Senior) $45/hr $45/hr $100 Sycamore Room+ $45/hr $45/hr $100 Patio Oak Room $45/hr $45/hr $100 Birch Room $45/hr $45/hr $100 (Computer) Maple Room I $25/hr $45/hr $100 *Rental of Entire Grand View Ballroom or 2/3 Grand View Ballroom includes catering kitchen, foyer and patio. 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will be assessed if equipment is damaged or destroyed. 3. Tenet/Users Insurance — This insurance is provided under separate contract with the City's insurer. See attachment "A" for information and fees. Fees are subject to change without advance notice. Fees are passed through to user. 25 Group D: Diamond Bar Residents Private Events Room Weekday Rates Weekend Rates Cleaning Deposit Grand View Ballroom $150/hr* $300/hr* $500 5 Hr minimum $150/hr for each additional hour Grand View Ballroom $100/hr* $200/hr* 530 (divided 2/3) 5 Hr minimum $100/hr for each additional hour Grand View Ballroom $50/hr S100 divided 1/3 Banquet Room $30/hr $100 divided 1/5 Pine Room Senior $50/hr $100/hr $100 Sycam ore Room + $50/hr $100/hr $100 Patio Oak Room $50/hr $100/hr $100 Birch Room $50/hr $100/hr $100 (Computer) Maple Room $27/hr $55/hr $100 Catering Kitchen $50/event $100 *Rental Grand Ballroom or Entire Grand View Ballroom includes catering kitchen, foyer and patio. 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will be assessed if equipment is damaged or destroyed. 3. Tenet/Users Insurance — This insurance is provided under separate contract with the City's insurer. See attachment "A" for information and fees. Fees are subject to change without advance notice. Fees are passed through to user. 26 of 2/3 View Group E: Non Residents and All Businesses Room WeekdayRates Weekend Rates Cleaning Deposit Grand View Ballroom $200/hr* $400/hr* $500 5 Hr minimum $200/hr for additional hours Grand View Ballroom $135/hr* $270/hr* $350 (divided 2/3) 5 Hr minimum $135/hr for additional hours Grand View Ballroom $55/hr $100 (divided 1/3) $100 Banquet Room $35/hr divided 1/5 Pine Room Senior $55/hr $110/hr $100 Sycamore Room+ $55/hr $110/hr $100 Patio Oak Room $55/hr $110/hr $100 Birch Room $55/hr $110/hr $100 (Computer) Maple Room $30/hr $60/hr $100 C ering Kitchen $50/event $100 *Rental of 2/3 Grand View Ballroom or Entire Grand View Ballroom includes catering kitchen, foyer and patio. 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will be assessedif equipment is damaged or destroyed. 3. Tenet/Users Insurance — This insurance is provided under separate contract with the City's insurer. See attachment "A" for information and fees. Fees are subject to change without advance notice. Fees are passed through to user. 27 XI. —Equip men t Rental Fee Schedule: Groups C, D and E Equipment Rental Fee Portable Bar $25 each Keyboard $50 Karaoke Machine $20 Compact Disc Player $20 TV/VCR/DVD $20 Coffee Pot 55 cu $20 Coffee Pot (100 cup) $40 AV Projector $20 Overhead Projector $20 Micro hone cordless $20 Dance Floor — 500 s q. ft. thru 1000 s q. ft. $200 Dance Floor — less than 500 sq. ft. $100 Table Signs: 1-10 $10 Table Signs: 1-20 $20 Table Signs: 1-30 $30 Table Signs: 1-40 $40 Projection Screen No charge Easel No charge Flags No charge Podium with microphone No charge • Tables and chairs are included in the room rental fee. • Linens, cutlery and decorations are not included with the room rental fee. • Replacement fee will be assessed if equipment is damaged or destroyed. 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). Outdoor Usage Fee: $100—Used in conjunction with Grand View Ballroom rental, specific outdoor area will be designated to renter/party. 28 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: I . Locate the type of activity you plan to conduct on Hazard Schedules I, II, or III. 2. Determine the number of people you expect at your activity. For multiple day activities, estimate the total attendance for all the days the activity will take place. Multiple day events are limited to five consecutive days, unless additional days are approved by the insurance provider. 3. The estimated premium amount corresponds with the Hazard Class I, II or III for your total estimated attendance (page 25). 4. If alcoholic beverages are to be served, add $65.65 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. 29 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: 5118104 AGENDA REPORT TITLE: CONSIDERATION OF ADOPTION OF FINAL DRAFT REPORT FROM THE SPORTS COMPLEX TASK FORCE RECOMMENDATION: Staff recommends that the City Council: Adopt the Sports Complex Task Force final report. Direct staff to seek alternative funding sources for construction of sports complex related projects that will be presented to Counc it for consideration in phas es during the annua I budget review process. Direct staff to limit implementation requests to those that recover annual maintenance and operations costs and do not impact current City resources, until sufficient alternative funding is available. FINANCIAL IMPACT: None (For the adoption of the final report.) BACKGROUND: On September 16, 2003 the City Counc it established a Sports Complex Task Force to study the athletic facility needs ofthecommunity. The Sports Complex Task Force is comprised of 29 individuals representing a variety of athletic facility users in the Diamond Bar community, including City, school districts and non-profit sports organizations . The Task Force had seven meetings and discussed the facilities needed to meet the practice and game need s of the major sports organizations operating in Diamond Bar. The Task Force developed 1 ) a conceptual 75 acre facilitythat will meet all needs identified for the foreseeab lefuture, and 2) a short term improvement plans that would meet many of the more pressing needs in a shorter time frame at less cost. The Task Force reviewed the final report at their March 18, 2004 meeting and recommends its acceptance by the City Council. The draft final reportwas reviewed bythe City Council atthe May 4 Counc it Study Session. DISCUSSION: The Final Report of the Sports Complex Task Force documents the needs of the Diamond Bar Sports Organizations and recommends both Long -Term and Short -Term projects to meet the organizations' needs. The long-term project is a 75 acre sports complex, either constructed on a single site or multiple sites (sites not determined, but potential locations listed in report). The 75 acre sports complex, as proposed, includes the following amenities: 25,000 sfgymnasium, 14 soccer fields, aquatics facility with dive pool, 50 meter competitive pool, and family play pool; six softball/youth baseball fields, two adult baseball fields, one football field, 15 outdoor tennis courts, 10 outdoor basketball courts, restrooms, storage rooms, concession stands and parking lots for 1,100 cars. Total cost to construct th is 75 acre sports complex is approximately $40 million, not including land acquisition orgrading costs. The short-term projects consider working with the two school districts in the City to improve existing school facilities that would result in expanded use by the Diamond Bar sports organizations. Improvements such as lighting, improved turf areas including consid eration of artificial turf and improved facility maintenance are recommended forthe proposed school sites. School sites recommended for projects are: Lorbeer Middle School, Diamond Ranch High School, Diamond Bar High School, Chaparral Middle School, and Southpo inte Middle School. Improvements are also recommended at the Little League/YMCA site and at Paul C. Grow Park. Total cost for short-term improvements is approximately $18.3 million. There would be no need for land acquisition or major grading costs for the short-term projects. FINANCIAL CONSIDERATIONS: Funds necessary to construct the sports complex as proposed ranges from $18.3 million to $40 million. Annual maintenance and operations costs for the entire complex ranges from $1.7 million to $2.1 million, not including potentially needed full-time staff for increased operations responsibilities . Annual revenue, based on current facility use policies, ranges from $300,000 to $700,000. Revenue would increase if use fees were established for ball field lights and facility use. The amount would depend on fees and policies approved. REVIEWED BY: Bob Rose James DeStefano Director of Community Services Deputy City Manager Attachment: Final Draft Report ofthe Sports Complex Task Force Sports Complex Task Force Final Report - Draft TABLE OF CONTENTS TTic pa= MEMBER LIST 2 EXECUTIVE SUMMARY 3 PHASING PRIORITIES 6 GYMNASIUM FACILITY 7 SOCCER FIELDCOMPLEX 9 AQUATICS FACILITY 11 SOFTBALL FIELD COMPLEX 13 ADULT BASEBALL FIELDS 15 FOOTBALL FIELD 16 OUTDOOR HARD COURTS - TENNIS/BASKETBALL 17 75 ACRE MAJOR SPORTS COMPLEX OUTLINE 18 ESTIMATEDCOSTS FOR SHORT TERM PRIORITIES 19 FUNDING OPTIONS 26 UNIT COST ESTIMATES/DEVELQ'MENT STANDARDS 31 LAND OPPORTUNITIES 33 INFORMATION RESOURCES BALLFIELD LIGHTS 34 AQUATICS FACILITES 35 SPORTS FACILITY ARCHITECTS 36 ARTIFICIAL TURF 37 3 REFERENCES 38 CONTRACTOR/ LANDSCAPE MAINTENANCE CO.'S 39 SPORTS COMPLEX TASK FORCE MEETING AGENDAS 40 Bob Zirbes, Chair Dave Grundy Marty Torres Council Member Parks and Recreation Commission Parks and Recreation Commission 2141 Tierra Loma 365 Covered Wagon Drive 24032 Highcrest Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Carol Herrera Darryl May Jody Roberto Mayor AYSO 1010 Overlook Ridge Road 1963 White Star 13575 Whispering Willow Diamond Bar, CA 91765 Diamond Bar, CA 91765 Chino Hills, CA 91709 Dan Nolan Steve Tye Chris Valencia Planning Commission Planning Commission FCI 23463 Wagon Trail 23850 Chinook Place 21338 Hidden Pines Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Alan Hart Dan Maloney Brad Friend DBW Baseball DB Pop Warner DB Little League 1819 Tintah 23813 Cholame Drive PO Box 4113 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Albert Ramos Ling -Ling Chang Willie Oros DB NJB 3232 Bent Twig Lane DB Girls Softball 3443 Woodhill Circle Diamond Bar, CA 91765 PO Box 4343 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Ernie Delgadillo Ray Minjares Ken Schaffer Member at Large DB NJB Diamond Bar High School 2551 Sunbright Dr. 24327 Gazebo Court 21400 E. Pathfinder Road Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Michael Vollebregt Eric Espinosa Jaime Sandoval AYSO Member at Large Diamond Ranch High School 21835 Onawa Place 21552 Birch Hill Circle 100 Diamond Ranch HS Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 Diamond Bar, CA 91765 Sam Slay Paul Thomas DB/W Youth Basketball Pomona YMCA Bob Rose 23441 Golden Springs #293 350 N. Garey Avenue City Staff Diamond Bar, CA 91765 Pomona, CA 91767 Ryan Wright Ryan McLean Teresa Arevalo City Staff City Staff City Staff Michael Cooper Wayne Goodwin DB/W Youth Basketball DB Little League 3883 Yosemite Court 1249 S. Diamond Bar Blvd. #327 Chino, CA 91710 Diamond Bar, CA 91765 Sports Complex Task Force Final Draft Report Executive Summary The Sports Complex Task Force is comprised of 29 individuals representing a variety of athletic facility users in the Diamond Bar community, including City, school districts and non-profit sports organizations. The Task Force had seven meetings between the dates of October 9, 2003 and March 18, 2004 and discussed the facilities needed to meet the practice and game needs of all the organizations operating in Diamond Bar. The task force developed a conceptual plan for a 75 acre facility that will meet all needs identified for the foreseeable future, plus developed short term improvement plans that would meet many of the more pressing needs in a shorter time frame at less cost. This report documents the needs of the Diamond Bar Sports Organizations through a variety of research methods. The Diam and Bar Parks Master P Ian provided much of the technical information including facility needs presented in the Community Needs Assessment report and a scientifically valid telephone survey. The information from the Parks Master Plan was validated as current through interviews with current representatives of the Diamond Bar -based sports organizations and facility users. The Sports Complex Task Force Report includes the various references used to develop the information included in the report. This report from the Sports Complex Task Force recommends both Long -Term and Short -Term projects to meet the organizations' needs. The long-term project is a 75 acre sports complex, either constructed on a single site or multiple sites (sites not determined, but potential locations fisted in report). The 75 acre sports complex, as proposed, includes the following amenities: 25,000 sf gymnasium, 14 soccer fields, aquatics facility with dive pool, 50 meter competitive pool, and family play pool; six softball/youth baseball fields, two adult baseball fields, one football field, 15 outdoor tennis courts, 10 outdoor basketball courts, restrooms, storage rooms, concession stands and parking lots for 1,100 cars. Total cost to construct this 75 acre sports complex is approximately $40 million, not including land acquisition or grading costs. The short-term projects consider working with the two school districts in the City to improve existing school facilities that would result in expanded use by the sports organizations in Diamond Bar. Improvements such as lighting, improved turf areas including consideration for artificial turf and improved facility maintenance are recommended for the proposed school sites. School sites recommended for projects are: Lorbeer Middle School, Diamond Ranch High School, Diamond Bar High School, Chaparral Middle School, and Southpointe Middle School. Improvements are also recommended at the Little League/YMCA site and at Paul C. Grow Park. Total cost for short-term improvements is approximately $18.3 million. There would be no need for land acquisition or major grading costs. The athletic facilities at the school sites could meet most of the same needs as the 75 acre Sports Complex, if the following improvements/agreements can be made: 1. Gymnasium Facilities (Replaces one new gym): Lorbeer -- Up -grade gym and support amenities (restrooms, parking, bleachers) Diamond Ranch High School — Provide funds to strip, paint and resurface gym floor annually so that additional community use can be accommodated. 2. Soccer Fields (Provides for 13 fields; one less than the desired 14 fields.): Lorbeer — Improve turf on two fields and light a 2nd field. 6 Chaparral — Improve turf on three fields and light three fields. Southpointe — Improve turf on one field and light one field. Diamond Ranch High School — Improve turf on three fields and light three fields. Diamond Bar High School — Improve turf on two fields and light two fields. YMCA — Improve turf on one field and light one field. Paul C. Grow Park — Light one field. 3. Aquatics Facility — Goal can not be made at this time without anew facility. 4. Softball Field Complex (Provides 11 fields; surpasses need for four new fields.) Lorbeer — Improve infield areas of two fields and light two fields. Diamond Ranch High School — Improve turf on two fields and light two fields. Diamond Bar High School — Improve turf on two fields and light two fields. Diamond Bar Little League — Light four fields. Paul C. Grow Park — Light one field. 5. Adult Baseball Fields (Meets the need for two adult baseball fields.) Diamond Ranch High School — Light one field. Diamond Bar High School — Light one field. 6. Football Field (Meets the need for one football field) Diamond Ranch High School — Improve turf and light one football field. 7. Outdoor Hard Courts — TennisBasketb all (Results in 22 lit basketball courts and 25 lit tennis courts; exceeds goals of 10 lit basketball courts and 15 lit tennis courts.) Lorbeer — Improve court surfacing on four basketball courts and light four courts. Chaparral — Improve court surfacing on three basketball courts and light three courts. Improve court surfacing on four tennis courts and light four courts. Southpointe — Improve court surfacing on six basketball courts and light six courts. Improve court surfacing on three tennis courts and light three courts. Diamond Ranch High School — Improve court surfacing on six basketball courts and light six courts. Improve court surfacing on nine tennis courts and light nine courts. Diamond Bar High School — Improve court surfacing on three basketball courts and light three courts. Improve court surfacing on nine tennis courts and light nine courts. The only goals left unmet by working with the school districts to improve and enhance facilities are the lack of an aquatics facility and one less soccer field. A variety of funding sources to construct a sports complex are recommended for consideration. The City currently has Park Development funds and allocated State grant funds of over $3 million that could be used to construct the higher priority facilities of a sports complex. Also, there are new grant opportunities forthcoming from Proposition 40 (2002) that could provide as much as $1 million in State funding for a sports complex. This report cites a variety of potential locations for a sports complex. Each site offers advantages and disadvantages and will require additional review on the appropriateness and cost effectiveness for use as a sports complex. One of the bigger issues related to each site is the need for extensive grading and fill dirt. Unless a deal can be made with a developer to provide the grading, it may be cost prohibitive for the City to fill and grade a site sufficient in size to support the proposed sports complex. The more cost effective scenario involves joint -use agreements with the two school districts to improve the athletic facilities most needed by the sports organizations. Recommendations from the Sports Complex Task Force to the City Council: 4. Review and accept Sports Complex Task Force final report. 5. Direct staff to begin negotiations with the two school districts to start planning for the highest priority sports facility improvements at the three middle schools, Lorbeer, Chaparral and Southpointe. 6. Direct staff to recommend a school district site to include in the Prop 40 Grant application for a $1 million competitive grant for a sports complex. 7. Direct staff to continue pursuing properties identified as potential locations for a sports complex. 8. Direct staff to consider funding sources available for a sports complex and to pursue those deemed attainable. Sports Complex Task Force Phasing Priorities 5t' Meeting —1/29/04 Priority Amenity 1. Gym (25,000 sq. ft.) 2. Soccer Complex (14 Fields) 3. Aquatics Facility 4. Outdoor Basketball Courts (4 courts) 5. Football Field (One Regulation Field) 6. Youth Softball/Baseball Fields (4 Fields) 7. Adult Baseball Fields (2 Fields) 8. Outdoor Tennis Courts (7 Courts) Gymnasium Facility Intent: To construct a gymnasium that meets the needs of the Diamond Bar community in an efficient and cost effective manner. Background: There are currently five gymnasiums in Diamond Bar: Diamond Bar High School, Diamond Ranch High School, Lorbeer Middle School, South Point Middle School and Mt. Calvary Lutheran Church and School. Current municipal or Diamond Bar based non-profit youth organizations that use these facilities are: City of Diamond Bar Adult Basketball Year-round 90 teams 9 Youth Basketball Dec. — March 400 players Youth Soccer April — June 140 players Adult Volleyball Year-round 30 players D.B. National Jr. Basketball Nov. — March 250 players D.B. Walnut Youth Basketball Nov. — March 400 players Need: The Parks Master Plan identified the need for a gymnasium as the number 8 priority of the 20 facilities listed (Pg. 42, Exhibit 3-7). With five school gymnasiums already in the community, the Parks Master Plan suggests that instead of building a City -owned gym, it would be more practical to strengthen the joint use agreements with the schools to obtain more community use (Pgs. 80 and 87). The Community/Civic Center Task Force identified the need for a gymnasium as the number 3 priority of the 4 facilities listed (Pg. 3). The Task Force believed a Community Center and Library should be built before a gymnasium. Potential Services: Adult basketball leagues, youth basketball leagues, adult volleyball leagues, open play basketball for youth and adults, aerobics classes, table tennis, indoor soccer, badminton, indoor tennis, gymnastics, dance, and wrestling. Discussion: Input from the Sports Complex Task Force indicates the need for a gymnasium with the following amenities: High School size basketball court 84' x 50 ` 12,000 sq. ft. Two 84' x 50' side basketball courts 3 volleyball courts 4 badminton courts Seating for 500 people on both main and side basketball courts Rest Rooms — 2 each @ 500 sq. ft. = 1,000 sq. ft. Locker Rooms — 2 each @ 1000 sq. ft. = 2,000 sq. ft. Weight Room/Exercise Room 3,000 sq. ft. Office Space (including control counter, conference room and supply storage) = 1,500 sq. ft. Building Maintenance Room= 500 sq. ft. Program Equipment Storage Room= 4,000 sq. ft. Miscellaneous Space 1,000 sq. ft. (for lobby, hallways, vending, telephone) Total Square Footage 25,000 sq. ft. Other Amenity Required Parking lot for 200 cars 72,745 sq. ft. Cost: Construction Costs: Gym $5,000,000 Parking lot 400.000 Total $5,400,000 10 Annual Maintenance and Operations: Gym $91,000 Estimated Annual Revenue: Dependent on policies for user fees Other considerations: The City currently spends about $40,000 per year to rent gyms from local schools. Construction of a gym will save the City these costs. Land Needed: Gym .50 acre Parking Lot 1.67 acre 2.17 acres Soccer Field Complex 14 Fields INTENT: To construct 14 soccer fields that accommodate the needs of the Diamond Bar based Youth Soccer Programs, with one field designed to also accommodate football team practice. BACKGROUND: There are currently ten soccer fields being used in Diamond Bar to accommodate the needs of the youth soccer programs. These facilities include: Ci , Parks Fields Schools Fields Paul C. Grow 1 Lorbeer 2 ill Pantera 2 Chaparral 2 Peterson 1 Maple Hill 1 Armstrong 1 There are 3 organizations normally allocated use of these facilities Organization Dates Participants D.B. AYSO — Fall Aug — Dec. 1,400 - Spring Feb.— June 250 FCI Year Around 250 DB/Walnut Soccer Club Year Around 60 NEED: The Parks Master Plan identifies the need for 12 additional soccer fields (Pg. 50, Exhibit 4-1; this was before Pantera Park opened with two soccer fields). The Sports Complex Task Force has stated that 14 additional soccer fields are needed to meet current game and practice needs. DISCUSSION: Youth soccer is the largest participation sport in the City, with over 2,000 players, including club teams not considered Diamond Bar based. With about 15 players per team, this represents about 130 teams. In addition to league play, D.B. AYSO has hosted tournaments with as many as 160 teams participating. Currently, tournament play has to utilize fields at Schabarum Park in Hacienda Heights, Cal Poly Pomona in Pomona, Mt. Sac in Walnut and City parks in Diamond Bar. If this whole tournament could be conducted in Diamond Bar the economic development potential would be large. In order to service a 14 field complex the following amenities would be needed Restrooms 2 @ 1,500 sq. ft. — 3000 sq. ft. Ball Field Lights 14 — 4 pole systems Parking for 600 cars @ 125 cars/acre — 4.8 acres Concession Stands 2 @ 1,500 sq. ft. = 3,000 sq. ft. Drinking Fountains — one for each field Tot Lot 2,500 sq. ft. Estimated Cost to construct a 14 field soccer complex with the recommended amenities: 14 Soccer Fields w/sod 17.5 acres @ $250,000/acre = $4,375,000 6ea @ 120' X 240' (plus 10' clearance on all sides) 4ea @ 150' X 300' (plus 10' clearance on all sides) 4ea regulation @ 205' X 340' (plus 10' clearance on all sides) Restrooms 3000 sq. ft. @ $250/sq. ft = 750,000 Ball Field Lights 14ea 4 pole system @ $225,000 = 3,150,000 Parking 4.8 acres @ $5.50 sq. ft. 1,150,000 Concession Stands 3000 sq. ft. @ $250/sq. ft. 750,000 Drinking Fountains 14 ea @ $4,500 63,000 Tot Lot -2,500 s. f. 50.000 $10,288,000 Estimated Cost to Operate and maintain the above amenities: 12 Soccer Fields 760,000 sq. ft. @ $.17/s.f $129,200 Restrooms 5,500 Ball Field Lights 1,000 hrs. x 14 fields 140,000 Parking Lot — Slurry/Stripin g/Cleaning 40,000 Concession Stands 5,500 Drinking Fountains 1,000 Tot Lot 20.000 TOTAL $341,200 Land Needed: Soccer Fields 17.5 acres Restrooms 3,000 sq. ft. Parking 4.8 acres Concessions 3,000 sq. ft. Tot Lot 2.500 sq. ft. 8,500 sq. ft. _ .2 acre Total Acres 22.5 acres ALTERNATIVE: Use of Artificial Turf instead of sod. Artificial Turf Cost: $1.2 million/acre X 17.5 acres = $21 million ANALYSIS: Lighted soccer fields could be expected to be used somewhere between 1,000 and 3,000 hours per year. Industry standards on natural turf care states that use over 500 hours per year will require the filed to be shut down at least two months per year for turf renovation and repair. Use of artificial turf will allow for year round use, in all weather conditions, with perfect field conditions, guaranteed for ten years. Aquatics Facility Intent: To construct a state of the art aquatics facility that meets the needs of the community in an effective and cost efficient manner. Background: There are currently no public swimming pools on Diamond Bar. Swimming needs are currently met at private home owner's association facilities, private backyard pools, or at public facilities outside the City of Diamond Bar, in cities such as Brea (10 miles away), Walnut (3.5 miles), Industry (8 miles) and San Dimas (10.5 miles). Need: The Parks Master Plan identifies a public swimming pool as the Number One needed Parks and Recreation facility for the City of Diamond Bar. It identifies a competitive swimming facility as the Number 20 priority, out of 20 faciliti es (Pg. 42, Exhibit 3-7). 13 Potential Services: Swim lessons, recreation swim, pool parties, lap swim competitive swim meets, aqua aerobics and special events. Discussion: Input during meetings of the Sports Complex Task Force indicates the need for an aquatics facility with the following amenities. Dive Pool- 25 yards x 25 meters Two One-Meter Diving Boards One Three-Meter Diving Board Competitive Pool — 50 meters x 25 yards Family Play Pool — 0'0" depth to 3'6" depth Also needed are restrooms, showers, locker rooms, concession stands, store rooms, mechanical room, lifeguard room with break area, showers, lockers, changing areas, bleachers, casual seating areas and parking. Cost: Estimated cost to construct such a facility, based on the Santa Clarita Aquatic Facility, which opened in Fall 2003 is $9 million. Cost to maintain and operate the facility is estimated to be $1 million per year. Revenue is estimated to be $300,000 to $700.000 per year, depending on weather conditions and popularity of facility. Land Needed: 4.2 acres Alternative: The City of Vista built an aquatics facility that eliminated the traditional 50 meter competitive pool. Instead a 25 yard x 10 lane pool with no diving boards, a flow rider, supplemental water attractions and an element called the endless Curl. The City of Vista claims this configuration results in increased revenue and lowered maintenance and operators costs. Cost of Alternative: City of Vista has stated that this facility cost $4 million to construct. Annual maintenance and operations costs are $1,300,000. Annual revenue is $1,280,000. Land needed: 3 acres Analysis: Based on information from Aquatic Design Group, a 50 meter competitive swimming pool is the most expensive amenity at an aquatics complex to maintain and operate. Even with new technologies that help facilities generate their own electricity (plus surplus amounts to sell to Edison), reduce the need for chemicals and pumps that opperate more efficiently, most facilities with a 50 meter pool cost $200,000 to $300,000 per year more to operate and maintain than the revenue it can generate. The City of Vista facility demonstrates that an aquatics facility with the amenities to attract lots of repeat visits can come within $20,000 per year of generating the revenue need to pay for its annual maintenance and operations. 14 Softball Fields Complex Four Fields Intent: To construct four softball fields that meet the needs of the Diamond Bar community. Fields could be used for youth and adult softball games and practice and youth baseball practice. Background: There are currently 8 softball fields with skinned infields in the City's parks. Five of these fields are lighted. Diamond Bar High School and Diamond Ranch High School each have two softball fields with skinned infields. The Y.M.C.A has two ball fields with skinned infields, but each has a very small outfield. Diamond Bar Little League has four baseball fields with a combination of skinned and grass infields for baseball play only. There are two non-profit youth sports organizations that are the primary users of these fields, Diamond Bar Little League and Diamond Bar Girls Softball. There are also a number of traveling softball and baseball teams that use the fields as well. Organizations Seasons # of Participants 15 DB Little League Spring Feb. — June 1,000 Fall Sept —Nov. 250 DB Girls Softball Spring Feb. — July 450 Fall Sept. —Nov. 200 Total 1,900 Discussion: Although baseball and softball leagues play year around, the peak registration period is during the Spring season when about 1,450 players participat e. Since all of the City's softball fields can also be used for soccer practice and games, the demand for these facilities is constant. The construction of four dedicated softball fields with lights will provide the facilities needed to meet demand. In order to service a four field softball complex the following amenities would be needed: Restrooms 1 @ 1,500 sq. ft. Ball Field lights 2 — 10 pole systems Parking for 100 cars @ 125 cars per acre = 0.8 acre Concession Stand 1 @ 1,500 sq. ft. Drinking Fountains 1 for each field = 4 Tot Lot 2,500 sq. ft. Need: The Parks Master Plan identifies the need for 5 additional softball fields (Pg. 50, Exhibit 4-1). The Sports Complex Task Force identified the need for four dedicated use softball fields that could also be used for youth baseball practice. Estimated Cost to Build a Four Field Softball Complex: 4 Softball Fields @ 1.5 acres/Fie Id = 6 acres X $270,000/acre Ball Field Lights 2-10 pole system @ $300,000 Parking for 100 cars 34,900 sqft @ $5.5 sqft Restrooms 1,500 sqft @ $250 sqft Concession Stand 1,500 sqft @ $250 sqft Drinking Fountains 4,500 x 4 Tot Lot 2,500 sqft TOTAL Maintenance and Operations Costs: Softball Fields 261,360 sqft @ 0.17 sqft-- $44,431 Parking — slurry, striping, cleaning 7,000 Ball Field lights 1000 hrs @ $10/hr x 4 fields = 40,000 Restroom 2,750 Concession Stand 2,750 Drinking Fountains 400 16 _ $1,620,000 = 600,000 = 192,000 = 375,000 = 375,000 18,000 50.000 $3,230,000 Tot Lot Land Needed: 10,000 Total: $107,331 Softball Fields 6 acres Parking Lot 0.8 acre Restrooms/Conces sions/Tot Lot 0.2 acre Total: 7 acres Adult Baseball Fields Two Field Complex INTENT — To construct two adult baseball fields to meet the needs of the community. BACKGROUND — The only adult size baseball fields in Diamond Bar are at the two high schools with two fields at each school. There are currently some travel ball teams that could use a facility to practice and play on a regular basis. Also, the Senior League of the Diamond Bar Little League needs a field to practice on. Need: The Parks Master Plan does not recommend the construction of a City -owned adult baseball facility. Although not mentioned specifically, the master plan recommends the strengthening of the joint use agreement with the schools to provide field use for sports such as adult baseball (Pgs. 80, 87). 17 DISCUSSION — If adult size baseball fields are constructed in Diamond Bar, it is suggested that the outfield area be constructed so that a regulation size soccer field will fit in the turf area. This would require foul lines of 360 feet and a center field distance of 509 feet. Total square footage of one field would be 129,600 sq. ft. or 3 acres. The field would require a 6 pole lighting system to be lit. Estimated Cost to Construct: 2 Adult size Baseball Fields $250,000/acre x 3 acres x 2 fields = $1,500,000 Ball Field Lights (1Opole system) $600,000 2 Thinking Fountains $ 9,000 Parking for 100 cars $192,000 TOTAL $2,301,000 Estimated Cost to Operate and Maintain: Two Baseball Fields 129,600 x .17/s.f. x 2 = $44,064 Ball Field Lights 1,000 hrs,/year x $10/hr. x 2 20,000 Drinking Fountains 500 Parking Lot 7.000 TOTAL $71,564 Land Needed: 7.7 acres; 6 acres for 2 ball fields and 1.7 acres for team warm-up areas, spectators and foul balls. Football Field One Field INTENT: To construct one football field to meet the needs of the community for youth sports league games and practices. BACKGROUND: There are four football fields in Diamond Bar, one at each of the two high schools and one each at Lorbeer and Chaparral Middle/Junior High Schools. The high school fields are rarely available for use by the youth league due to demands from the high school teams. The fields at Lorbeer and Chaparral are also used for soccer, so the demand for these fields is high. The primary youth football program in the community is Diamond Bar Pop Warner. Right now, this program has to play their home games outside of Diamond Bar because of the lack of availability of quality fields on game days. NEED: The Parks Master Plan does not recommend the construction of a City -owned dedicated football field. The Sports Complex Task Force rated the construction of a football field as the Number 5 priority with a 18 rating of "C". Although not mentioned specifically, the Master Plan recommends the strengthening of the joint use agreement with the schools to provide field use for sports such as youth football (Pgs. 80, 87). TASK FORCE DISCUSSION: If a football field is constructed in Diamond Bar, it is suggested that the field also be used for soccer. This will require goal posts that can also accommodate soccer goals. ESTIMATED COST TO CONSTRUCT: Football Field $250,000/acre x 1.5 acres = $375,000 Ball Field Lights (4 pole system) 225,000 2 Thinking Fountains 9,000 Parking for 100 cars 192.000 TOTAL $801,000 ESTIMATED COST TO OPERATE AND MAINTAIN: One Football Field Ball Field Lights Drinking Fountains Parking Lot LAND NEEDED: 1.5 acres 65,340 s.f. x .17/s.f. = $11,108 1,000 hrs,/year x $10/hr. 10,000 500 7.000 TOTAL $28,608 Outdoor Hard Courts Seven Tennis Courts/Four Basketball Courts INTENT: To construct a hard court area with seven tennis courts and four basketball courts to meet the needs of the community for lessons, drop-in play and team practices. BACKGROUND: There are four lighted basketball courts in Diamond Bar, one at Ronald Reagan Park and three at Pantera Park. These courts service the drop-in and scheduled team practice needs of the community. Three programs use the courts for practice, the City Youth Basketball Program, NJB and Diamond Bar/Walnut Youth Basketball. There are eight lighte d tennis courts in the City, three each at Ronald Reagan and Maple Hill Parks, and two at Pantera Park. The tennis courts are used for lessons and drop-in play. NEED: The Parks Master Plan recommends the construction of 7 tennis courts by the year 2010. More tennis courts is the Number 3 demanded facility of the twenty identified in the Master Plan. Outdoor Lighted Basketball Courts is the Number 5 demanded facility out of twenty. The Sports Complex Task Force has rated tennis courts as the Number 8 rated facility, out of eight, with a priority of G. The Task Force rated outdoor basketball courts as the Number 4 rated facility, with a priority of C. 19 TASK FORCE DISCUSSION: Since there are eight lighted tennis courts in the City's parks, the Task Force rated the need for additional tennis courts at the lowest level, Number 8. During basketball season, there is a shortage of lighted basketball courts for youth teams to practice on. Basketball courts were rated Number 5 by the Task Force. ESTIMATED COST TO CONSTRUCT: Hard courts (7 Tennis Courts/4 Basketball Courts) 74,400 s.f. x $6.50/s.f. _ $483,600 Lighting @ $80,000 per court x 11 880,000 4 Drinking Fountains 18,000 Parking for 100 cars 192.000 TOTAL $1,573,600 ESTIMATED COST TO OPERATE AND MAINTAIN: Court Cleaning $5/court/day x 5 days/wk x 11 courts = $14,300 Ball Field Lights 1,000 hrs/year x $5/hr/court x 11 courts 55,000 Thinking Fountains 1,000 Parking Lot 7.000 TOTAL $77,300 LAND NEEDED: 2 acres Sports Complex Task Force 75 Acre Major Sports Complex Outline 12/4/03 Meeting A Youth Softball/Basebal l Fields 6 Fields 1.2 acres per field 7.2 total acres B. Soccer Fields 4 Full Size Fields 4 Under 12/14 Category Fields 6 Under 10 Category Fields 14 total fields 1.7-2.1 acres per field 30 total acres C. Adult Baseball Fields 2 Fields 3.0-3.85 acres per field 7.7 total acres D. Parking Lot(s) 300 cars — softball/baseb all fields 542 cars — soccer fields 109-140 cars per acre (use 125 cars per acre) 7 total acres 20 E. Tennis Courts 15 courts 7,200 square feet per court for a total of 108,000 square feet 2.5 total acres F. Football Field 1 field 1.5 total acres G. Aquatics Facility Dive Pool — 25 yards by 25 meters -2 One meter diving boards -1 three meter diving board Competitive Pool — 50 meters by 25 yards Family Play Pool — 0' depth to 3'6" depth 4.2 total acres (including parking for 280 cars at 140 cars per acre) H. Outdoor Basketball Courts 10 6,000 square foot courts 1.4 total acres L Gymnasium 25,000 square feet 0.6 total acre J. Restrooms/Storage Rooms/Concession Stands/Sidewalks /Tot Lots 8 total acres K Internal Roads/Driveways/ Setbacks 4.9 total acres L. Total Necessary Acreage: 75 Acres 21 Location Proposed Improvements City of Diamond Bar Sports Complex Task Force March 18, 2004 (Corrected) Estimated Costs for Short Term Priorities Estimated Cost Lorbeer Ball Field Lights —Upper Field — 4 pole System $225,000 -- Phase I — Sod — Lower Field (80,000 sf @ $1.25 sf- $2.50 so 100,000 — 200,000 Additional Parking (39,500 sf @ $5.50 so 125 cars 220.000 Total $545,000-645,000 Alternatives Ball Field Lights — Upper Field — 10 pole System $300,000 Artificial Turf—Football Field (103,092 sf@ $6.50 so 670,098 Artificial Turf— Upper Field (80,000 sf @ $6.50 so 520.000 Total Alternatives $1,490,098 Maintenance & Operations Sod (80,000 sf @ $0.17 sf annually) $13,600 Electricity (1,000 hrs/year @ $10.00 per hr) 10,000 Sod Renovation (Twice per year @ $25,000) SQOOO Annual Maintenance & Operations $73,600 Lorbeer Basketball Court Lights —4 courts @$80,000 per court $320,000 —Phase II -- Total $320,000 Alternative --None-- Maintenance & Operations Resurfacing ($2,500/court every 2 — 3 years @ 4 courts) $10,000 (x 33%) = $3,300 22 Electricity (1,000 hrs/court/year @ $5.00 per hr X 4 courts) 20,000 Routine Maintenance (Once per week @ $5 per court per week) L000 Annual Maintenance & Operations $24,300 Estimated Location Pronosed Improvements Cost Diamond Ranch Ball Field Lights — Softball Fields #1 & #2 and Multi -Purpose Field — 12 pole System $320,000 Fligh School Sad -- Softball Fields #1 & #2 and M -P Field (236,440sf@ $1.25 - $2.50sf) 295.550 — 591.100 — Phase I— Total $615,550-911,000 Alternative Artificial Turf— SB #1 & #2 Multi -Purpose (236,440 sf@ $6.50 sf) $1,536,860 Total Alternative $1,536,860 Maintenance & Operations Sod (236,440 sf@ $0.17 sf annually) $40,195 Electricity (1,000 hrs/year @ $30.00 per hr) 30,000 Sod Renovation (Twice per year @ $25,000) 50,000 Annual Maintenance & Operations $120,195 Diam and Ranch Ball Field Lights — Baseball Fields #1 & #2 — 2ea 10 pole System s $600,000 High School Sad -- Baseball Fields #1 & #2 (209,000 sf@ $1.25 - $2.50sf) 261,250 — 522,500 -- Phase II-- Total $861,250— 1,122,500 Alternative Artificial Turf— Baseball Fields #I & #2 (209,000 sf @ $6.50 sf) S 1 358,500 Total Alternative $1,358,500 Maintenance & Operations Sad (209,000 sf@ $0.17 sf annually) $35,530 Electricity (1,000 hrs/year @ $20.00 per hr) 20,000 Sod Renovation (Twice per year @ $25,000) 50.000 23 Annual Maintenance & Operations $105,530 Diamond Ranch Ball Field Lights —Football Stadium —4pole System $220,000 High School Sod -- Football Field (103,092 sf @ $1.25 - $2.50sf) 128,865 —257,730 -- Phase III-- Total $348,865-477,730 Alternative Artificial Turf— Football Field (103,092 sf @ $6.50 sf) $670,098 Total Alternative $670,098 Maintenance & Operations Sod (103,092 sf@ $0.17 sf annually) $17,526 Electricity (1,000 hrs/year @ $10.00 per hr) 10,000 Sad Renovation (Twice per year @ $25,000) 50,000 Annual Maintenance & Operations $77,526 Diam and Ranch Basketball Court Lights — 6 courts @ $80,000 per court $480,000 High School Tennis Court Lights — 9 courts @ $80,000 per court 720.000 -- Phase IV -- Total $1,200,000 Alternative --None-- Maintenance & Operations Resurfacing ($2,500/court @ 2-3 years @ 15 courts)$37,500 (x 33%) _ $12,375 Electricity (1,000 hrs/court/year @ $5.00 per hr X 15 courts) 75,000 Routine Maintenance (Once per week @ $5 per court per week) 4 000 Annual Maintenance & Operations $91,375 Estimated 24 Location Proposed Improvements Cost Diamond Bar Ball Field Lights — Softball Fields #1 & #2 — 2ea 10 pole Systems $600,000 Fhgh School Sod -- Softball Fields #1 & #2 (80,000 sf @ $1.25 - $2.50sf) 100,000 — 200,000 -- Phase I -- Total $700,000 — 800,000 Alternative Artificial Turf— SB #1 & #2 (80,000 sf @ $6.50 sf) $520,000 Total Alternative $520,000 Maintenance & Operations Sod (80,000 sf@ $0.17 sfannually) $13,600 Electricity (1,000 hrs/year/field @ $20.00 per hr) 20,000 Sod Renovation (Twice per year @ $25,000) 50.000 Annual Maintenance & Operations $83,600 Diam and Bar Ball Field Lights — Baseball Fields #1 & #2 — 2ea 10 pole Systems $600,000 High School Sod -- Baseball Fields #1 & #2 (209,000 sf @ $1.25 - $2.50sf) 261,250— 522,500 -- Phase II -- Total $861,250— 1,122,500 Alternative Artificial Turf— Baseball Fields #1 & #2 (209,000 sf @ $6.50 st) $1,358,500 Total Alternative $1,358,500 Maintenance & Operations Sod (209,000 sf @ $0.17 sf annually) $35,530 Electricity (1,000 hrs/year @ $20.00 per hr) 20,000 Sod Renovation (Twice per year @ $25,000) 50.000 Annual Maintenance & Operations $105,530 Diamond Bar High School Artificial Turf— Football Field (103,092 sf@ $6.50 sf) $670,098 -- Phase III Total Alternative $670,098 25 Maintenance & Operations --None-- Diamond Bar Basketball Court Lights — 3 courts @ $80,000 per court School Tennis Court Lights — 8 courts @ $80,000 per court -- Phase IV -- Alternative --None-- $240,000 Ffigh 640,000 Total $880,000 Maintenance & Operations Resurfacing ($2,500/court every 2 — 3 years @ l I courts) $27,500 (x 33%) = $9,075 Electricity (1,000 hrs/court/year @ $5.00 per hr X 11 courts) 55,000 Routine Maintenance (Once per week @ $5 per court per week) 3 000 Annual Maintenance & Operations $67,075 Estimated Location Proposed Improvements Cost Chaparral Ball Field Lights — 2 ea 4 pole Systems $450,000 -- Phase I -- Sod — 2 ea Fields (2 X 80,000sf @ $1.25sf- $2.50sf) 200,000 — 400,000 Total $650,000 — 850,000 Alternatives Artificial Turf— Both Fields (2 X 80,000 sf @ $6.50 sf) $1,040,000 Total Alternatives $1,040,000 Maintenance & Operations Sod (2 X 80,000 sf @ $0.17 sf annually) $27,200 Electricity (2 X 1,000 hrs/year @ $10.00 per hr) 20,000 Sod Renovation (2 Fields Twice per year @ $25,000) 100,000 Annual Maintenance &Operations $147,200 Chaparral Basketball Court Lights — 3 courts @ $80,000 per court $240,000 -- Phase II -- Tennis Court Lights — 4 courts @ $80,000 per court 320.000 26 Total $560,000 Alternative --None-- Maintenance & Operations Resurfacing ($2,500/court every 2 — 3 years @ 7 courts) $17,500 (x 33%) _ $5,775 Electricity (1,000 hrs/court/year @ $5.00 per hr X 7 courts) 35,000 Routine Maintenance (Once per week @ $5 per court per week) 2.000 Annual Maintenance & Operations $42,775 Estimated Location Proposed Improvements Cost Southpointe Ball Field Lights — One Field — 4 pole System $225,000 -- Phase I -- Sod — One Field (80,000 sf @ $1.25 sf - $2.50 sf) 100,000 — 200,000 Total $325,000-425,000 Alternative Artificial Turf— Upper Field (80,000 sf @ $6.50 sf) 520.000 Total Alternative $520,000 Maintenance & Operations Sod (80,000 sf @ $0.17 sf annually) $13,600 Electricity (1,000 hrs/year @ $10.00 per hr) 10,000 Sod Renovation (DArice per year @ $25,000) SQ000 Annual Maintenance & Operations $73,600 Southpointe Basketball Court Lights — 6 cts @ $80,000 per court $480,000 --Phase II — Tennis Court Lights — 3 cts @ $80,000 per court 240.000 Total $720,000 Alterna rive --None-- 27 Maintenance & Operations Resurfacing ($2,500/court every 2— 3 years @ 9 courts) $22,500 (x 33%) _ $7,425 Electricity (1,000 hrs/court/year @ $5.00 per hr X 9 courts) 45,000 Routine Maintenance (Once per week @ $5 per court per week) 2,340 Annual Maintenance & Operations $54,765 28 Estimated Location Proposed Improvements Cost Little League/YMCA Ball Field Lights —Four Fields — 6 pole Systems $1,000,000 Parking Lot (111,000 sf @ $5.50 so 350 cars 610,500 Total $1,610,500 Alternatives --None-- Maintenance & Operations Electricity (4 X 1,000 hrs/year @ $10.00 per hr)4$ 0.000 Annual Maintenance & Operations $40,000 Estimated Location Pmnosed Improvements Cost Paul C. Grow Park Ball Field Lights — 4 pole System $225,000 Total $225,000 Alternatives Artificial Turf— (60,000 sf @ $6.50 so 390.000 Total Alternatives $390,000 Maintenance & Operations Sod (60,000 sf@ $0.17 sfammally) $10,200 Electricity (1,000 hrs/year @ $10.00 per hr) 10,000 Sod Renovation (Twice per year @ $25,000) 50,000 Annual Maintenance & Operations $70,200 28 FUNDING OP TIONS The Community Services Division receives its primary funding through the General Fund and program user fees. Additional funding for capital improvements comes from Park In Lieu (Quimby) fees, developer assessments and special grants. Funding Programs The financial objective of the City regarding public facilities can be expressed in the following general terms: To achieve a balance between public facility operations and revenue generation that enhances the City's financial ability to meet its goals while reducing the burden of direct taxation of the people for parks and recreational services. Such a "balance" may be administratively targeted; however, it in itself becomes an objective for the City because of the City's evolution or development as a more extensive provider of full service public facilities. The City should examine specific opportunities within the present statutes and funding sources and identify funding alternatives determined to be essential in developing goals of acquisition, design and development, and operations and maintenance. Public service and revenue generation balance should be targeted that is attainable and practical using a number of funding alternatives as herein discussed. Two major cost centers require funding in order to implement the recommendations of the Sports Complex Task Force. The first is capital costs which include: a.) acquisition and development of new required park lands and facilities and b.) renovation of existing park and school sites. The second is the ongoing cost of maintain ing and operating these facilities. The following listing of funding sources have been categorized according to the appropriate application of the funding they provide - Capital Funding, Operation and Maintenance or a combination of both. Explanations of funding options are provided to give definition to alternative funding programs which the City may elect to employ. Capital Funding Programs 1. Nonprofit Foundation - such as the Diamond Bar Community Foundation, a 501 (c)(3) non- profit service provider. This could provide a vehicle for a capital fund drive. There should be well defined facilities and specific costs to be funded. The Foundation acts as a conduit for receiving private donations from entities that might otherwise be reluctant to donate to a City. In addition, the donor could recei ve tax benefits. Through the Foundation, the City could solicit funds from priva te foundations, corporations and other businesses, local organizations and individuals including gifts, bequests and trust funds. 2. Grants - (from County, State and Federal agencies). Many grants have bee ome available recently, including Prop 40 Youth Soccer/ Ball Field Development Grant. Some require matchi ng funds from the City which could be an obstacle. Matching funds could come from sources such as a community foundation. There is usually strong competition for such grants and Diamond Bar should compet e aggressively. Some examples of such funding are: 29 - Prop A - The Los Angeles County Safe Parks Act — The City of Diamond Bar has about $800,000 of these funds available at this time. -Prop 12— Per Capita Grant - —The City of Diamond Bar has about $536,000 of these funds available. -Prop 12 — Roberti- Z'Berg-Harris Block Grant - — The City of Diamond Bar has about $172,078 of these funds available. -Prop 40— Per Capita Grant - — The City of Diamond Bar has about $286,000 of these funds available. -Prop 40 — Roberti- Z'Berg-Harris Block Grant - — The City of Diamond Bar has about $172,078 of these funds available. - ISTEA Transportation Enhancement Activities and Bicycle Lane Account Funds - CalTra ns provides funding for on- or off-street bike trails and some foot trails through these funding mechanisms. Community Developme nt Block Grant (CDBG) funding is available for upgrading parks for ADA requirements and other improvements. These funds are also used for some limited program funding. 3. Quimby Act - The Quim by Act is a widely used source of funding which enables local govemme nt to exa ct de dication of land or in -lie u fees from new reside ntial development to maintain a minimu m ratio of park land to population. This applies only to resi dential subdivisions and does not address additional park demands created through the construction of new unit s on existing lots or condominium conversi ons. 4. Development Agreements (DA's) are another mechanism through which park and recreation improve ments can be ac quired or provi ded. As part of an agreement specifyi ng the type and density of development allowed, the City can negotiate conditions and considerations in return for concessions. Such incentive programs can also be used in the provision of parks and other open spaces in commercial areas. One such program would allow extra floor space in exchange for public recreati on facilities such as a plaza, a mini - park or space in commercial development for anew teen or senior center. Due to the limited growth potential of build -out in the City of Diamond Bar, the previous two sources of funds may not contribute significantly toward future park and facility developme nt. 5. Bonds - Most bond issues require a two-thirds vote of the electorate and are therefore not widely used for this type of funding. Some of the most common forms of these bonds are as follows: General Obl i eation Bonds -These bonds are iss ued s ubject to a t wo-thi rds majority vote of the electorate and pledge the full faith and support of the borrower. The issuer is authorized by the vote of the electorate to levy an ad valorem tax on all taxable property within its jurisdiction at whatever rate is requi red to service the debt. Because of the high level of security, these bonds command the lowest interest rate. Revenue Bonds -_These bonds are secured by a pledge of revenues from a tax or non -tax source such as assessments or fees. Because the revenue from a particular facility is the only security, these bonds usually carry a higher interest rate than general obligation bonds. The 30 direct issuance of revenue bonds without the formation of a funding district, as described in more detail below, may not be feasible for park and recreation purposes due to limited income streams from these types of activities. However, revenue bonds have been used to partially fund such development as an aquatic facility where a feasibility study verified the revenue generating capacity of the development . 6. Certificates of Participation - This is a form of lease purchase agreement that does not constitute indebtedness under the State constitutional debt limit and does not require voter approval. In a typical case, a local government entity decides to acqui re a new or renovated public facili ty. This facility is purchased or constructed by a vendor corporation and the local government signs a lease agreem ent with the corporation to use the facility. An underwriting firm then buys the lease obligati on from the vendor corporation and breaks it into small units called Certific ates of Participation, C.O.P.'s. Each C.O.P. represents a share of the lease payment revenue stream. The underwriter then places the C.O.P. issue with a bank which, in turn, sells the certificates to individual investors. The local governme nt makes the lease payments to the bank which makes payments to the certificate holders. At the end of the lease period, title to the facility passes to the local government entity at nominal cost. Interest paid the certificate holders can be tax exempt. 7. Fund Raising Events - (concerts, raffles, etc.) While these are not a major source of funds, such events could contribu to to an overa 11 effort toward capital funding and encourage continued community support for a specific facility. Funds raised from such events could be channele d through the nonprofit foundation described above. S. Park Development Funds — The City has about $2,450,000 of these funds available. These funds were generated from the purchase and sale of surplus Water District property and the proceeds have been dedicate d for park use by the City Council. Sources of Operation and Maintenance Funds 1. User Fees - This option was most favorably supported by the residents in the survey results presented in the Parks Master Plan. Such fees would provide some contribution toward maintenance, but would not be sufficient to provide any capital funds. Some of the sources of such fees include: -Charges for classes and special programs. -Charges to sports leagues for maintenance and lighting costs. -Space rental for meetings, parties and special events. Charges for play, such as for tennis. -Group picnic shelter use charges -Charges for use of sites in the park system for such activities as swap meets, bazaars, antique shows, auto shows, weddings, concerts, carnivals, Christmas tree sales, etc. -Joint-use with nonprofit organizations is also included in this category, where sports teams would renovate fields and/or provide field maintenance (labor or costs) if guaranteed use during the season. 31 It is strongly recommended that the City examine the current fee structure and make adjustments so that the fees collected are in line with the costs of maintenance and operation of the facilities or programs for which the fees are levied. 2. Corporate Sponsorship of Events - This is most popular for team sports, various senior or youth activities, and should be actively pursued. This would be facilitated by a nonprofit foundation as a conduit to accept donations. 3. Adopt -a -Park Programs - This type of program could generate funds or volunteers to provide maintenance for City parks or facilities. 4. Volunteer Labor - Useful for certain programming and/or maintenance tasks. Would probably not constitute a large portion of funding needs. The City currently has a Volunteer Program for summer activities. Recent court rulings regarding use of volunteer labor will have to be reviewed to ensure that prevailing wage requirements are not violated. Sources for Both Capital and Operations and Maintenance Funding 1. Concessions - By contracting with a concessionaire to build and/or operate a facility, the City can generate income which could cover capital and maintenance costs of the facility. Examples of such concession -operated facilities include: baseball or softball diamonds, equestrian facilities, handball courts, tennis courts, miniature golf, roller hockey facilities and food and beverage concessions. In most cases, the City provides a site for the facility and either the City or the concessionaire builds the facility. The lease terms are determined accordingly. An example for Diamond Bar could be a family aquatic center which could combine a competitive pool with recreation/le isure family-oriented water facilities. Special considerations, such as joint- use of such a facility with the high schools may make City operation of such a facil ity the best option. 2. Special District Assessments - These include Community Services District, Benefit Assessment, Landscape and Lighti ng Act and Mello -Roos Districts. A special assessment or levy is placed on a property to finance improvements and/or maintenance that specifically benefit that property. Recent legislation creates new challenges in forming these districts. The Diamond Bar survey results from the Parks Master Plan show little support for this method of funding park and recreation facilitie s from the City's residents. 3. Taxes - Some examples of taxes used by other cities to pay for park and recreation include Transient Occupancy Tax (Bed Tax), Real Estate Transfer Tax, Utility Tax, and Admissions Tax. A portion of such tax revenue could be dedicated for specific park and recreation uses, either to provide funding for a bond issue or to cover defined maintenance and operating costs. 4. Sale or Lease of Surpl us Lands - The sale or lease of land or other capital facilities for which the City has no further use can sometimes be a major source of revenue. One-time receipts from the sale of land can be used for the acquisition of new park lands, recreation facilities, or the development of new community service facilities. Revenues from long-term leases can be used to provide maintenance or underwrite programs. Surplus parcel s also may provide opportunities for trading land elsewhere in the City with other agencies that own land more suitable for park purposes. 32 5. Joint Powers Authority -Normally apublic authority formed from two or more governmental agencies and based on lease agreements, project revenues and insurance programs. Most often these projects are public facilities. Construction Soccer/Softball/ Football Field* Baseball Field* Artificial Turf Ball field Lights 4 pole system 10 pole system 12 pole system Parking lot construction Sod: Unit Cost Estimates $250,000 per acre $270,000 per acre $6.50 sq. ft. $225,000 $300,000 $320,000 $5.50 sq. ft. $1.25 - $2.50 sq. ft. 33 Drinking fountain with sump drain $4,500 each BasketbaiVr ennis Court Lighting $80,000 per court Concrete for Courts & Sidewalks $6.50 sq. ft. * Includes grading, sod, irrigation, fences and sidewalks (and backstops for baseball fields) Maintenance and Operations Electricity Ball Fields (Est. 1,000 hrs. per year per field) $10/hr. per field Basketball/Tennis Courts $5/hr. per court Sod (Including water, mowing, fertilizati on, & weed control) $0.17 sq. ft. per year. Court Resurfacing (Every 2-3 years) $2,500 per court Turf Renovation (Yearly) $25,000 per field Court Cleaning (Routine Maintenanc e) $5 per court per week. Parking Lot Cleaning (Routine Maintenance) $5 per 1000 sq. ft. per wk. Land Acquisition Raw Land $10 to $20 per sq. ft. Development Standards P arldn g Current standards allow for 109 to 140 cars per acre. This number depends on variables such as parking angle, landscaping, size of spaces, and security lighting. Spaces set at a 60 degree angle are the most common, but lose roughly 10% of possible spaces when in this configuration. Spaces designated at a 90 degree angle allow for the most spaces. *300 square feet per car = 140 cars/acre (minimum standards) *400 square feet per car = 109 cars/acre (desirable standard) F ields Soccer Field — Full Size 225'x360', with 10' clearance on all sides 2.1 acres/field Softball Field — 300' outfield clearance 1.5 acres/field Baseball Field —Adult Sized 330'/400'/330' 3 acres/field Football Field —Regulation Size 160'x360' 1.5 acres/field Tennis Court— 36'x78', with 12' clearance on sides, 21' on ends 7,200 sq. ft. Basketball Court— Official High School 94'x60', with 5' clearance 5,640 sq. ft. Concession Stand — Per Pantera Park 1,500 sq. ft. Restroom Building with Storage — Per Pantera Park 1,500 sq. ft. Tot Lot/Playground Area 2,500 sq. ft. Acreage Conversion: 1 acre = 43,560 sq. ft. (5,280 squared divided by 640) 34 Land Opportunities 75 buildable acres of land is needed to house the major sports complex facility. (Goal is to acquire the gross acreag e necessary to result in a net 75 buildable acres). Potential sites are as follows: 1. City of Industry site — North of 60 Freeway • Approximately 170 acres • Significant grading required • Slated for development by City of Industry 2. Lanterman Developmental Center site— Adjacent to existing Little League property. 35 • Approximately 20 acres • Requires JPA with State and possible City of Pomona • Access to property will be an issue. 3. Lots One & 61 site — South of Grand/Longview/S ummit Ridge Drive • Approximately 65 acres • Significant grading and flood control improvements required 4. Tres Herm anos site— Adjacent to Diamond Ranch High School • Approximately 13 acres of athletic sports fields are already developed on the Diam and Ranch High School site. (not counting Varsity football field) and 11 acres undeveloped land, for a total of 24 acres. • Requires JPA with PUSD and possibly City of Industry • Undeveloped land requires significant grading 5. Lot Adjacent to Pantera Park —Owned by City of Diamond Bar • Approximately 35 Acres • Significant grading required • Road access required 6. Option for Connection of Tres Hermanos to Pantera Park • Approximately 100 acres • Requires JPA with PUSD and City of Industry • Significant grading and flood control improvements required • Lengthy Road access required Musco Lighting 15311 Barranca Parkway INFORMATION RESOURCES Ball Field Lights 36 Irvine, CA 92618 949.754.0503 www. musco.com Hubbell Lighting 2000 Electric Way Christiansburg, VA 24073 540.381.6111 www.snortsh2hti n2.com Qualite Sports Lighting 250 Industrial Drive Hillsdale, MI 48242 517.439.1581 www.gualite.com Techline Sports Lighting 9609 Beck Circle Austin, TX 787583.5401 512.977.8880; 800.500.3161 www.sportsli hg ti ng com Athletic Lighting Company www.athleticligh tine com Aquatics Facilities Aquatic Design Group Carlsbad, CA 92008 1950 Kellogg Avenue 760.438.8400 37 www.aauaticdesia neroun.com Rowley International, Inc. 2325 Palos Verdes Drive West, Suite 312 Palos Verdes Estates, CA 90274.2755 310.377.6724x30 www.rowleyinternational.co m Water Technology, Inc. 100 Park Avenue Beaver Dam, WI 53916 920.887.7375 www. watertechnologvi nc.com Santa Clarita Aquatic Center 20850 Centre Pointe Parkway Santa Clarita, CA 661.250.3700 www.santa-clarita.com City of Vista Water Park The Wave Water Park 760.940.9283 161 Recreation Drive Vista, CA 92085 www.ci.vista.ca. us Beachwood, Ohio Family Aquatic Center 2700 Richmond Road Beachwood, Ohio 44122 www.beachw000doh io.com Arch P ac 2103 Camino Vida Roble, Suite D Carlsbad, Ca 92009 760.603.1200 www.archpao corn El Monte Aquatic Center 11001 Mildred Street El Monte, CA 91731 626.580.2213 www.ci.el-monte. ca.us 38 David Evans & Associates 800 N. Haven Avenue, Suite 300 Ontario, CA 91764 909.481.5750 www.deainc.com David Volz Design 17050 Bushard Street, Suite 300 Fountain Valley, CA 92708 714.593.3300 www.dvolzdesien. com Hirsch & Associates 2221 E. Winston Road, #A Anaheim, CA 92806 714.776.4340 www.hha-landarch .com Sports Facility Architects Artificial Turf 39 Field Turf 15865 SW 74d' Avenue, Suite 110 Tigard, OR 97224 503.620.6707 www.fieldturfco m Sport Fields, Inc. 10042 Wolf Road, Suite B-4 Grass Valley, CA 95949 530.268.6654 www.sportfields. net Sprinturf P.O. Box 1244 Bonsall, CA 92003 (760)728-5165 www.snrinturf.co m References Park Planning Guidelines, 3`d Edition by George E. Fogg National Recreation & Parks Association 1990 40 Recreation, Park and Open Space Standards and Guidelines Edited by Roger A. Lancaster National Recreation & Park Association 4'' Printing — 1987 Parks Master Plan City of Diamond Bar Adopted 1998 General Plan City of Diamond Bar Adopted 1995 Internet News Article: Dream of Aquatics Center at new high school By Elizabeth Bucceri, Staff Writer November 12, 1998 www.mtdemocrat.c om/news/aauaticl 11298.shtml Community/Civic Center Task Force City of Diamond Bar Adopted 1999 Construction Contractor Byron -Davey, Inc. 13220 Evening Creek Drive South, Suite 103 San Diego, CA 92128 858.513.7199 41 Landscape Maintenance Companies ValleyCrest Landscape Maintenance Ron Kirkpatrick 230 River Road Corona, 92880 TruGreen LandCare Tye Helmer 1367 W. 9th Upland, CA 91786 Excel Landscape Maintenance Hector Lopez 710 Rimpau Avenue, Suite 108 Corona, CA 92879 City of Diamond Bar Sports Complex Task Force Initial Meeting Thursday, October 9, 2003 at 6:30 P.M. A.Q.M.D. Room CC -8 42 AGENDA 1. Call To Order 2. Introductions 3. Welcome/Overview 4. Current Facilities Available in Diamond Bar a. City Parks b. WVUSD Facilities c. PUSD Facilities 5. What do other Cities Have? 6. Preview of Next Meeting a. Current Facility Use b. Un -Met Needs 7. Public Comments 8. Adjournment Thursday, October 30, 2003 A.Q.M.D. Room CC -8 6:30 P.M. City of Diamond Bar Sports Complex Task Force 2nd Meeting Thursday, October 30, 2003 at 7:00 P.M. (Note New Start Time) A.Q.M.D. Room CC -8 43 A dV AMA 1. Call To Order 2. Welcome/Introduc tions 3. Current Facility Use in Diam and Bar by each organization: i.e. : City Parks, W VUSD Facilitie s, PUSD Facilities , Other Facilities 4. Timeline of each sport(s) season. 5. Un -met Needs of each organization: 6. Discussion: Potential Short-term Solutions a. Little League/YMCA Complex b. Lorbeer Middle School c. Southpointe Middle School 7. Preview of Next Meeting: Topic: Wish List Facility Design 8. Public Comments 9. Adjournment Thursday, December 4, 2003 A.Q.M.D. Room CC -8 7:00 P.M. City of Diamond Bar Sports Complex Task Force 3rd Meeting Thursday, December 4, 2003 at 7:00 P.M. A.Q.M.D. Room CC -8 AGENDA 44 1. Call To Order 2. Welcome/Introduc tions 3. Conceptual Design of the All -Inclusive Sports Complex • Create the facility as if land and money are not issues 4. More Discussion on Potential Short-term Solutions • Diamond Ranch High School 5. Preview of Next Meeting: Thursday, January 8, 2003 Topic: Land Otmortunities A.Q.M.D. Room CC -8 7:00 P.M. 6. Public Comments 7. Adjournment City of Diamond Bar Sports Complex Task Force 4th Meeting Thursday, January 8, 2004 at 7:00 P.M. A.Q.M.D. Room CC -8 AGENDA 45 1. Call To Order 2. Welcome/Introduc tions 3. Review of Land Opportunities — 75 acres of land needed to house Wish List plan 7. City of Industry —North of 60 Freeway 8. Lanterman Developmental Center —Adjacent to existing Little League Site 9. Lots One & 61 — South of Grand/Longview/Summit Ridge Drive 10. Tres Hermanos — Adjacent to Diamond Ranch High School 11. Adjacent to Pantera Park — Owned by City of Diamond Bar 12. Option for connection of Tres Hermanos to Pantera Park 4. Preview of Next Meeting: Thursday, January 29, 2004 Topic: Top Priorities Facili , Design A.Q.M.D. Room CC -8 7:00 P.M. 5. Public Comments 6. Adjournment 1. Call To Order City of Diamond Bar Sports Complex Task Force 5th Meeting Thursday, January 29, 2004 at 7:00 P.M. A.Q.M.D. Room CC -8 AGENDA 46 2. Welcome/Introduc tions 3. Top Priorities Facility Design: What are the highest priority amenities that should be included in the test phase of the Sports Complex? 4. Preview of Next Meeting: Thursday, Feb. 19, 2004 Topic: Estimated Construction, Maintenance & A.Q.M.D. Room CC -8 Operational Costs/Potential Funding Sources 7:00 P.M. 5. Public Comments 6. Adjournment 1. Call To Order 2. Welcome/Introduc tions City of Diamond Bar Sports Complex Task Force 6th Meeting Thursday, March 4, 2004 at 7:00 P.M. A.Q.M.D. Room CC -8 AGENDA 47 3. Discussion about Top Priority Short Term Fix(es): Potential Improvements at existing school district facilities that would most efficientl y and effectively meet the immediate needs of community athletic programs. a. Survey Results 4. Cost Estimates (Construction cost options/Maintena nce & Operation costs a. Recommended location(s) to include in Prop 40 Grant application 5. Preview of Next Meeting: March 18, 2004 Topic: Review items for Draft Report A.Q.M.D. Room CC -8 7:00 P.M. 6. Public Comments 7. Adjournment City of Diamond Bar Sports Complex Task Force 7th Meeting Thursday, March 4, 2004 at 7:00 P.M. A.Q.M.D. Room CC -8 1. Call To Order 2. Welcome/Introduc tions 3. Discussion about Draft Final Report. AGENDA 48 Recognition of Sports Complex Task Force Members: City Council Meeting Tuesday, April 20, 2004 A.Q.M.D. Auditorium 6:30 P.M. 5. Public Comments 6. Adjournment 49 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6. 10 Meeting Date: May 18, 2004 AGENDA REPORT TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING CALIFORNIA STATE SENATE BILL 744 (DUNN): PLANNING: HOUSING: WHICH WOULD BROADEN THE AUTHORITY OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO OVERTURN LOCAL LAND USE DECISIONS RECOMMENDATIONS: It is recommended that the City Counc it adopt the Resolution. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND /DISCUSSION: This bill is a clear transfer of power from local government to the State. SB 744 (Dunn) establish es, within the State Depa rtment of Housing and Community Develop ment (HCD), a procedure to hear appeals from developers of affor dable housing that have had a proj ect denied or have had conditions placed on it that would make the project financially unfeasible. SB 744 gives the HDC the authority to overturn local land use decisions after hearing appeals from housing development applicants who were previously denied approval or granted approval with conditionsby a local agency. HCD is empowered to overrule local decisions that it views as"not reasonable orconsistent with local housing needs". The legislation empowers the HCD staff members to decide these issues rather than going through the traditional local land use process that is accessible to the public. These staff members are not politically accountable to the citizens of the community their decisions will affect. California State law already provides legal recourse to developers that believe local governments have unjustly treated their projects. Therefore, this bill is also unnecessary. Opposed to this bill are the League California Cities, the American Planning Association and the California State Association of Counties. Prepared with information from the State Legislative Analyst's Office and the League ofCalifomia Cities. Prepared by Jim Clarke, Legislative Analyst Attach men is 1. Resolution No. 2004 -XX Supporting SB 744 (Dunn): Planning: housing RESOLUTION NO. 2004 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING CALIFORNIA STATE SENATE BILL 744 (DUNN): PLANNING: HOUSING: WHICH WOULD BROADEN THE AUTHORITY OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO OVERTURN LOCAL LAND USE DECISIONS WHEREAS, California State Senate Bi11744 (Dunn) establishes, within the State Department of Housing and Community Development (HCD), a procedure to hear appeals from developers of affordable housing that have had a project denied orhave had conditions placed on it that would make the project financially unfeasible; and WHEREAS, SB 744 gives the HDC the authority to overturn local land use decisions after hearing appeals from housing development applicants who were previously denied approval or granted approval with conditions by a local agency; and WHEREAS, the legislation empowers the HCD staff members to deci de these issues rather than going through the traditional local land use process that is accessible to the public; and WHEREAS, California State law already provides legal recourse to developers that believe local governments have unjustly treated their projects thus making this bill unnecessary; and WHEREAS, SB 744 is a clear transfer of power from local government to the State; and WHEREAS, the League of California Cities and other California cities are strongly opposed to SB 744 (Dunn). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES SB 744 (Dunn); Planning: housing and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Coun cit of the City of Diamond Bar asks all elected local and State officials to OPPOSE SB 744 (Dunn). SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities San Gabriel Valley COG Assemblyman Bob Pacheco Senator Bob Margett PASSED, ADOPTED AND APPROVED by the City Council of the City of Diamond Bar, on this day of , 2004. Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution, was passed, approved and adopted atthe regular meeting ofthe City Council ofthe City of Diamond Bar held on the _________ day of__________, 2004, by the following Roll Call vote: AYES: COUNCIL MEMBERS- NOES: EMBERS- NOES: COUNCIL MEMBERS- ABSENT: EMBERS-ABSENT: COUNCIL MEMBERS - Linda C. Lowry, City Clerk City of Diamond Bar Agenda # 6.11 Meeting Date: May 18, 2004 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE LEAGUE OF CALIFO RNIA CITIES' AND L OCAL COALITION'S FY05-FYO 6 BUDGET COMPROMISE WITH GOVERNOR ARNOLD SCHWA RZENEGGER RECOMMENDATIONS: It is recommended that the City Counc it adopt the Resolution. FISCAL IMPACT: The City of Diamond Bar would lose a total of $807,320 in State subventions over a two year period - $403,660 in each FY05 and FY06. The City would be guaranteed a pay -back of $1,052,632 in FY07. This is a net gain of $245,312 (not considering the current year reduction in VLF of over $300,000). BACKGROUND /DISCUSSION: Information from the League of California Cities and the LOCAL Coalitio n explaining the resolution in detail is attached. Prepared by: Jim Clarke, Legislative Analyst Attach men is 1. Resolution No. 2004 -XX Supporting the League of California Cities' and LOCAL Coalition's compromise with Governor Arnold Schwarzenegger RESOLUTION NO. 2004 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' AND LOCAL COALITION'S FY05-FY06 BUDGET COMPROMISE WITH GOVERNOR ARNOLD SCHWARZENEGGER WHEREAS, the Board of Directors of the League of Californi a Cities - in concert with its partners in the LOCAL Coalition — authorized the formation of a campaign committee and filed a proposed initiative for the November 2004 ballot entitled the "Local Taxpayers and Public Safety Protection Act"; and WHEREAS, the State Attorney General approved the title and summary the "Local Taxpayers and Public Safety Protection Act"; and WHEREAS, over 1.1 million signatures were filed with the respective county elections officials, an amount likely to be sufficient to qual ify the "Local Taxpayers and Public Safety Protection Act" for the November 2004 ballot; and WHEREAS, Governor Arnold Schwarzenegger has offered to work with the League of California Cities and its LOCAL Coalition partners to secure approval from both the voters and the State legislature for a proposed alternative Constitutional Amendment with equivalent or better revenue and a mandate for protection of local agency funding; and WHEREAS, the executive Committee of the League of California cities took the following action on behalf of the League Board of Directors: (1) Reaffirmed the League Board's strong support forthe passage ofthe "Local Taxpayers and Public Safety Protection Act' on the November 2004 ballot and continue with fundraising and other activities to support its success; (2) Accepted the and support the Governor's proposal to advocate the passage of an alternative constitutional amendm ent by the Legislature which provides equivalent or better revenue and mandates protection in conjuncti on with a two year budget package, provide for a $1.3 billion contribution by local governments to the State budget deficit for no more than two years, after which all contributions of general revenues and tax increments by the local governments to the state budget would cease and the 2003-04 VLF Backfill Loan would beconstitutiona Ilyguaranteed to be repaid; (3) In the event the alternative constitutional amendment and two-year budget package secures legislative support, the League agreed to work with Governor Schwarzenegger and the LOCAL Coalition to secure the passage of the alternative; (4) If the alternative constitutional amendment and the two-year budget package fails to receive legislative support , the League agreed to devote its exclusive efforts and energies to the passage of the "Local Taxpayers and Public Safety Protection Act"; and WHEREAS, the above action was submitted to and passed by the League General Assembly in a special meeting on in a special meeting on May 13 th 2004; and WHEREAS, the City of Diamond Bar is a member ofthe League of California Cities NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Diamond Bar SUPPORTS the League of California Cities' and LOCAL Coalition's FY05 and FY06 budget compromise with Governor Arnold Schwarzenegger as addressed in the above-mentioned action and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Coun cil of the City of Diamond Bar asks all elected local and State officials to SUPPORT the League of California Cities' and LOCAL Coalition's FY05 and FY06 budget compromise with Governor Arnold Schwarzenegger. SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities, L.A. Division San Gabriel Valley COG Assemblyman Bob Pacheco Senator Bob Margett PASSED, ADOPTED AND APPROVED by the City Council ofthe City of Diamond Bar, on this day of 2004. Mayor I, LINDA C. LOWRY, City Clerk ofthe City of Diamond Bar, do here by certify that the foregoing Resolution, was passed, approved and adopted atthe regular meeting ofthe City Council ofthe City of Diamond Bar held on the __________ day of___________ ____, 2004, bythe following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Linda C. Lowry, City Clerk City of Diamond Bar Agenda # 8.1 Meeting Date: May 18. 2004 CITY COUNCIL.. �� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Consideration of City Equipment Rental Policy for Community Non -Profit and Governmental Agencies. RECOMMENDATION: Approve FINANCIAL SUMMARY: There is no financial implication. BACKGROUND: The City of Diamond Bar has equipm ent which on occasion has been rented or borrowed by community non-profit and governmental agencies. Some of the borrowed equipment has been returned damaged and/or with missing parts. This can be attributed to regular wear and tear or in some instances improper use. Staff is seeking to establish a policy to clarify the process for lending City equipment for non -City conducted events. Other cities were contacted to obtain information and/or policies addressing equipment usage/rental. At its March 25, 2004 meeting, the Parks and Recreation Commission reviewed sample policies and requested staff to draft an equipment rental policy. At its April 29, 2004 meeting, the Commission reviewed the drafted policy and a motion was passed to forward it to the City Council for consideration. DISCUSSI ON: Staff currently determines who can borrow equipment based on either of the following: 1. Does the event for which the equipment is being requested result in economic development to the community? For example, AYSO borrows canopies for their hosted tournaments. Participants in the tournament generate sales tax revenue for the City by staying in local hotels and eating and shopping in Diamond Bar. 2. Does the organization have any resource the City could use in return? For example the Pomona and Walnut Valley Unified School Districts borrow the canopies in return for use of one of their classrooms. Equipment Rental Policy— Staff Report Page 2 The Parks and Recreation Commission recommended the following to be included in a policy for the City of Diamond Bar: • Depos itfor rental -forreplacement due to damage beyond normal wear and tear. • Staff would be responsible for checking the condition of equipment upon return. • Private user category should not be pursued. • Equipment should remain in or near the City of Diamond Bar. In addition to the elements recommended by the Commi ssion, staff is recommendin g the applicant provide California Driver's License and credit card information. It is anticipated this will result in the organization taking precautions to ensure equipment is returned within the specified time and in working order in no worse condition than when checked - out. In the event it is not, the deposit will be forfeited and additional payment beyond the deposit for cost of repair of II damages up to full replacement value will be assessed. In the event equipment is not returned, the City will seek full replacement value. The policy will be limited to canopies, portable public address system, mobile stage and carnival booth games. The policy which also includes an Equipment Request Application, Waiver of Liability and Agreement to Indemnity, and Equipment Condition Verification Form has been reviewed by the City Attorney. The Equipment Rental Policy will become effective upon approval PREPARED BY: Teresa Arevalo, Senior Management Analyst REVIEWED BY: Bob Rose, Director of Community Services James De Stefano, Deputy City Manager Attachments: Equipment Rental Policy— Draft Equipment Request Application Waiver of Liability and Agreement to Indemnity Equipment Condition Verification Form POLICY AND PROCEDURE------------------------------------------------------------------ NO. A-13 CITY OF DIAMOND BAR Poo POLICY AND PROCEDURE Number: A-13 Authority: City Counc it Effective: May 18, 2004 Revi sed : $40 per canopy Equipment Rental Policy 1. Purpose To establish procedures for renting equipment to community based non-profit and governmental agencies. 2. General Policv The City of Diamond makes available equipment listed below to community based non-profit and governmental agencies for their locally held events which are open to the public. Interested agencies must submit a rental request to the City of Diamond Bar Community Services Recreation Division with a minimum ten working days notice. If approved, upon check- out the agency will be required to complete a waiver of liabilit y and submit the appropriate rental fee(s) and deposit(s). Provisions 3.1 Equipment Available and Rental Fees Agencies approved for equipment rental will be assessed a per item rental fee as listed below. In addition, a deposit to assure the complete return of the equipment will be required. Available Refundable Replacement E ui ment For Use Rental Rate Deposit Value Cano w/sides 10* 1 $40 Per can opv $100 Per cano $450 Per canopv Canopy w/o sides 10* $40 per canopy $100 per canopy j $400per canopy Carnival Games 12 1 $10 per qame $20 per game $50 each Mobile Stage 1 1 $300/event $1000 j$10,000 Portable PA 1 1 $50/event 1$200 1$10,000 `Canopy requests exceeding 10 with sides and/or 10 without sides will require City Manager approval. These exceptions will be granted based on the event's economic benefit to the City. 3.2 Payment of Fees and Deposit Payment in full for rental fee(s) and refundable deposit(s) must be made by cash, check or credit card at least one week prior to pick-up. POLICY AND PROCEDURE ---- NO. A-13 3.3 Payment for Damage or Loss All equipment must be returned within the specified time and in working order in no worse condition than when checked -out or the deposit will be forfeited and additional payment beyond the deposit for cost of repair of all damages up to full replacement value will be assessed. In the event equipment is not returned, the City will seek full replacement value. 3.4 Equipment Inspection at Check -Out and Check -In A. Agencies approved for rental must allow adequate time for inspection of equipment at check-out and return. At check-out and upon return, one staff member will inspect the equipment and note the condition of the equipment. The responsible party or designee will also verify the condition of the equipment. B. At time of check-out: Approved equipment will be made available for pick-up and inspection one day prior to the event during regular business hours. If that day falls on a weekend or holiday, then the equipment shall be made available the preceding business day. C. A time of check-in: All equipment must be returned within 48 hours of completion of event. If that day falls on a weekend or holiday then the equipment shall be returned the next business day. City of Diamond Bar Equipment Request Date: Organization/Age ncy: Responsible Individual: Address: Phone Number: Alt. Phone Number: Ca. Driver's License #: Expiration Date: Credit Card: _ Signature: Event Information Number: _ Exp. Date: Event Date: Start Time: End Time: Type of Event: Event Location: Indicate quantity of each item requested: (lnantity R --tad P—i—ant Rantal Rata Ranlacemant Vah�a Canopy w/sides $40 per can $450 per cano Canopy w/o sides $40 per canopy $400 per canopy Carnival Games $10 per game $50 per game Mobile Stage $300/event $10,000 Portable PA $50/event $10,000 It is the responsibilit y of the requestor to read the equipment rental policy. The City of Diamond will try to accommodate your needs. Requests will he considered in order of their receipt. Approved equipment will be made available for pick up and inspection one day prior to the event during regular business hours. If that day falls on a weekend or holiday, then the equipment shall be made available the preceding business day. All applicable fess and deposits must be submitted one week prior to pick-up. Inaddition, a Waiver of Liability and Agreement to Indemnity must he signed. Failure to submit any required fees or forms will result in denial of request and equipment will be made available to other requestors. OfficeUse Only Date Request Received:- Request eceived:Request ❑ approved ❑ denied Date agency notified: Rental Fee(s) Due: Deposit Due: Date available for check-out: Date of check-out: Date equipment checked -out: Date of returned: Comments: City Manager Approval (if required) Waiver of Liability And Agreemen t to Indemnity Agency Name: Respons ible Individual: Address: Phone Number Alt. Phone Number The unders igned hereby requests permission to use the following described property owned and maintained by the City of Diamond Bar. In consideration of approval to use the requested City property , the undersigned hereby assumes the risk of damage and loss in conn ection with the use of such property, agrees to be responsible and liable for all injuries to persons and for all damage to real and personal property caused by or resulting from the use of such property and further agrees to defend and hold harmless and indemn ify the City of Diamond Bar and its officers, agents, and employees against and with respect to any and all demands including interest, penalties and reasonable attorney fees arising out of, resulting from or relating to the use of such City property. By: Date: (Signature of applicant) EQUIPMENT CONDITION VERIFICATION CHECK-OUT At time of check-out and upon return of equipment, one staff member will inspect the equipment and note the condition of the equipment. The responsible individual will also verify the condition of the equipment. Condition of Equipment at Check -Out Date: Staff: TY REPLACEMENT VALUE EQUIPMENT EQU)PMENTCONDITDN UPON CHE CK -OUT STAFF VERIFI ATD N RESPONSIBLE PARTY INITfAL $450 per canopy Ca nopyw/s ides List D # ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor $400 per canopy Ca nopyw/o sides List D #. ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor MGood ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor $50pergame Carnival Games List D#. ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor 10000 MobileSfa cie ❑Good ❑Fair ❑Poor 10 00 1 PAS t?m I ❑Good LFair LjPoor Comments: I have read the Equipment Policy and understand and agree that I will be responsible for the full replacement values of items which are not returned or may be damaged upon return. I have inspected the condition of the equipment as noted above. Signature of Responsible Person Date EQUIPMENT CONDITION VERIFICATION CHECK-IN Conditionof Equipment Upon Check -In Date: Staff: TY IREPLACEMENT VALUE E UIPMENT EQUIPMENTCONDIIDN UPON CHECK-IN STAFF VERIFILASO N RESPONSIBLE PARTY INITIAL $450 per canopy Ca nopyw/s ides List D # ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor $400 per canopy Ca nopy w/o sides List 1)#: ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor $50 pergame Carnival Games List D ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor ❑Good ❑Fair ❑Poor 10000 1 Mobile Sta qe Good Fair Poor 10,000 1 PA System I ❑Good ❑Fair ❑Poor Comments: The above equipment has been retumed and inspected. I agree with staffs equipment condition noted above. Signature of Responsible Person Date Agenda No. 6.1 .2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 20, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 6:15 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. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager; Nancy Whitehouse, Executive Assistant and Tommye Cribbins, Deputy City Clerk. Hindu Ceremony Demonstration Discussion of Business Licensing Public Comments on Study Session Agenda Items M/Zirbes announced that due to time constraints, the Business Licensing Discussion would be held over to a future study session. Hindu Ceremony Demonstration CM/Lowry turned the meeting over to CSD/Rose who introduced Shukavok Das, PhD and Hindu Priest atthe Shri Lakshmi Narayan Mandir in Riverside. Dr. Das explained that in Hinduism, the use of fire is a fairly important ritual. Indian people have different types of ceremonies that may or may not involve fire to varying degrees. One of the most important ceremonies is the Baha (wedding) ceremony. When performing the Hindu marriage ceremony, families typically arrange for a 10 to 12 foot square canopied area called a Mandap with large bamboo pillars erected at each of the four corners reaching a height of 10 to 12 feet. The wedding ceremony is performed inside the Mandap (structure). For his ceremonies he places a large Turkish tray measuring three to three and a half feet in diameter in the center of the structure. He places a plate upside down on the tray so that the heat does not come through. The fire (Agni) is set up in a kund (copper bowl). For his fire, he uses wood or cow dung and places the Ghee (clarified butter) over the material, when the Ghee is soaked in, the wood or cow dung acts as a wick and minimizes smoke. In India the cow APRIL 20, 2004 PAGE 2 CC STUDY SESSION is very sacred and therefore the dung is very sacred. If Priests do not have access to cow dung they use wood or small pieces of Duraflame log. Central to the ceremony, the bride and groom stand and walk around the Agni four or seven times while reciting vows. This is called Mangalfera. Dr. Das stated that he is extremely concerned about fire safety. Indian brides typically wear long saris with layers of sheer fabric. In this instance, fire is a dangerous thing. As a priest, he has never caused a fire even while officiating ceremonies in private homes. Dr. Das said that about 50 percent ofthe facilities heuses do not allow the fire. In that event, hegoes to Plan B— Hefills his havan kund with rice, cuts a coconut in half, imbeds the coconut in the rice (the coconut becomes a small burning lamp), puts a small piece of cotton wick inside (a votive candle) it looks traditional even though it does not have the "punch" of the fire. He said he does hundreds ofweddings using Plan B. Dr. Das explained that the main issue with fire was smoke, which necessitated turning off the smoke alarms for a short period of time or, completely eliminating the fire. However, fire plays a very sacred and traditional role and is a very important part of the Hindu sacrament. If D.B. wants to "market' its facility to the Indian community, itwould behoove the City to allow fire for wedding ceremonies. Dr. Das said that there are other important Hindu ceremonies such as the two-week fall festival season called Navaratri which literally means nine nights. It includes various events involving thousands from the Hindu community partaking of loud music, dance, food and other elements of celebration over a period of five or six hours each day. Dr. Dos spoke about these events to make the point that D.B. could fill its center during the Navaratri. Occasionally well-known Gurus or teachers would give a kata (discourse) at such events that would take place every evening from 6 p.m. to 9:00 or 10:00 p.m. over a period ofthree, seven ornine days and the hall would be filled every night. He explained that the kata involved lamps. Every ceremony would end with an Arti and there could bepictures or shrine areas, members were given a tray on which a lighted lamp is placed. The lighted lamp (fire or incense) is then offered to pictures of various forms of god at small shrine centers throughout the hall. Dr. Das said that there is a very large market in this area and the Indian community is searching for places to hold their events. In fact, they are building a community hall in the Riverside Temple to serve the community for these types of ceremonies. D.B. is the center of a very large Indian community and could draw from the surrounding areas if the City found a way to deal with the fire and incense issue. He felt that the burning of incense was not a major issue and that the open flame is something that had to be dealt with. He said he could offer methods for limiting or APRIL 20, 2004 PAGE 3 CC STUDY SESSION controlling the fire aspect. If D.B. could allow tradition to some degree, the market would be unlimited. C/O'Connor asked if the use of tea lights would be acceptable for the ceremonies. Dr. Das responded that tea lights could be used but only as a last resort if participants were unable to find a location that permitted the fire. Tea or votive lights were not generally acceptable because nobody liked using them. In fact, Dr. Dos did not like using the tea or votive lights for his ceremonies. If fire were not permitted in a facility he would recommend finding a facility that allowed the use of fire because from a priest's point of view, lack of fire downgrades the ceremony. Priests promote tradition as much as possible. Although a Hindu weddi ng could very easily last five or six hours in India his wedding ceremonies generally last at least one hour and without the use of fire the ceremony would be significantly downgraded. C/Huff asked Dr. Das why he felt incense was not an issue to which Dr. Das responded that he was surprised to hear a complaint about incense. He had never heard anybody complain about incense. He said he could perform a wedding without incense because incense was a minor component ofthe ceremony and hepersonally did not likeincense. Hefelt the City could easily say it did not want incense if it allowed fire. C/Huff and Dr. Das discussed the burning of cow dung and that it was very clean burning. They agreed that once the dung is dry it burns very clean. Dr. Das said that since accessibility to cow dung is difficult most priests burn incense. He burns cow dung becaus a it limits smoke and allows him to control the fire with a consistent flame. A wood fire is not so easily controlled. His equivalent to cow dung is the Duraflame log cut into small slices depending on the size of the fire. A small portion lasts for the 10 or 20 minutes that it takes to complete that portion of the ceremony and burns at a controlled and steady rate. He offered that D.B. could limitthe use offire by requiring the use of Duraflame logs. Dr. Das stated that at about half of the Hindu weddi ngs the groom rides in on a white horse during which drums are played. Many times grooms arrive in a white Mustang or Mercedes instead of by horse. Occasionally, an elephant is used for the groom's entry. M/Zirbes asked Dr. Das how many community centers like the Diamond Bar Center allow open flames, incense, elephants and horses? APRIL 20, 2004 PAGE 4 CC STUDY SESSION Dr. Das responded that the Cerritos Performing Arts Center allows horses and the traditional flame. The Buena Park Sequoia Center, the Hyatt Regency, Mission Inn (Holiday Inn in Riverside) allow the open flame. The Via Verde Country Club in San Dimas allows the open flame outside, not inside. Dr. Das said that if the facility permits, an option to deal with this issue is to set up a tent and Mandap outside and have the reception inside. Sometimes hotels have outdoor atriums that are used for such purposes. Requirements vary from place to place. Frankly, a very skillful priest can have a very small controlled fire. Of course, priests cannot be controlled so the City would have to set the limits. M/Zirbes asked Dr. Das to conf irm that D.B. could accommodate the Hindu needs by allowing the fire ceremony to be conducted outside. Dr. Dos responded "absolutely." In that instance, the City would have to provide a tent or some type of covering. In fact, the Riverside Temple has restrictions for inside fires and if the ceremony is held outside a very large tent is set up for the occasion. M/Zirbes said he heard that cauldrons of incense would be used to purify the room prior to or during ceremonies. Dr. Das said he hears the same rumor all of the time but has never seen this type of practice. However, India is very diverse so anything is possible but that there is absolutely no need for a Hindu ceremony to include a crew burning incense for purification. Again, for weddings incense is not as important as the fire. CSD/Rose stated that staff proposes to obtain additional information from the Cerritos Performing Arts Center and input from the fire department for further Council discussion on this matter. Dr. Das said that he performs the fire ceremony in concert with the fire department and believed that the Cerritos Performing Arts Center had strict rules about restricting fire that D.B. could mimic. Chief Nieto said he would contact the Los Angeles County Fire Department tomorrow regarding regulations for the Cerritos Performing Arts Center. Public Comments on Study Session Agenda Items — None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session to the regular meeting at 6:45 p.m. APRIL 20, 2004 PAGE 5 CC STUDY SESSION Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2004. BOB ZIRBES, Mayor Agenda: Study Session #1 Meeting Date: May 18, 2004 CITY COUNCIL_ AGENDA REPORT crt<iv x cr � ' TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: CITY COUNCIL STUDY SESSION REGARDING STATUS REPORT ON NATURAL HAZARDS MITIGATION PLAN RECOMMENDATION: Receive a presentation from staff regarding the status of the Natural Hazards Mitigation Plan, discuss the plan, and direct staff as appropriate. BACKGROUND: The City of Diamond Bar, as well as most local public agencies, is required by the Federal Emergency Management Agency (FEMA) to comply with the provisions of the Disaster Mitigation Act of 2000 (DMA 2000) which stipulate that the City complete a Natural Hazards Mitigation Plan (NHMP). The City is currently in the planning process to complete its NHMP. At a recent meeting, the City Council adopted a Resolution formally supporting the development of Natural Hazards Mitigation Plan. In addition, the Council authorized contracting with a Consultant to serve as overall Project Manager/Facilita tor. ATask Force/Committee was formed to complete the Plan was formed and assignments were made. (Attachment 1) DISCUSSION: NHMP — Current Project Status Accomplishments to date per the following Timeline February Organized NHMP Committee and held initial and second Committee meetings, Reviewed Toolkit, Developed Planning Model, Assigned Tasks to Committee members, Published and distributed Timetable for Plan Completion, Contacted Other Agencies, Established working relationship with Area "D" Coordinator. March Gained Council Support -Passed Proclamation, Began Hazard/Risk Assessments and Identification and Profile of local Hazards and Historical Hazard Events, Completed Review of General Plan &EIR Documents, Began Base Map discussions, Began Vulnerability Analysis and Loss Estimates, Conducted Three Committee Meetings. April Secured Earthquake Hazard Section Information from Area "D" Coordinator who attended Committee meeting. Worked with Staff to blend specific local Diamond Bar information with Area "D" Coordinator provided template information. Worked with County Fire to secure GIS Maps. Began tentative discussions with Pomona Unified School District, Walnut Valley Unified School District and City of Walnut about possible Multi -Jurisdictional Planning effort. Community Profile and Landslide Sections partially completed. Provided information for Web Page on planning process. Tasks to be completed: May Finalize Public Participation and Council Input Process, Complete Hazard and Risk Assessments, Secure Base Map. Set Mitigation Goals. Begin Completion of Windstorm, Flood and Wildfire Sections. June Identify Possible Activities for Mitigation. Complete Maps. July Select Best Mitigation Activities and Develop Action Plans. August Prepare Draft Plan. September Seek Additional Public Input, Hold Second Public Meeting, Submit Draft for State and Federal Review. October Prepare Final Plan. November Formally Adopt Plan — Submit Final Plan to State & FEMA. Staff will provide Council with an overview of the historical hazards and mitigation efforts related to the hazards and will review the specific natural hazards related to Diamond Bar: Earthquake, Earth Movement (Landslide/ Debris Flow), Flood, Wildfire and Windstorm. CONCLUSION: City staff and outside agencies are wo rking closely and diligently to complete the Natural Hazards Mitigation Plan as per the guidelines of FEMA, the California Office of Emergency Services and per direction of the Area "D" Disaster Coordinator. Implementation of the Plan will result in several months of continued intense work for staff and community participants in order to meet the FEMA deadline. PREPARED BY: John Bingham, Consultant REVIEWED BY: James DeStefano Deputy City Manager Attachment: 1) NHMP Committee & Assignments 2 Attachment 1: NHMP Task Force/Committee —Assignments Steerinq Committee Member/Title/Age ncv John Bingham, Consultant for City of DB Dennis Tarango, Building Official, City of DB Carlos Chacon, Building & Safety Assignment(s)/Ta sk(s) Overall Project Management/Facil itator Critical Facilities, Assessed Valuations, Building Codes, Vulnerability/Lo ss Estimates Earthquake Bob Rose, Comm. Srvs. Director, City of DB Landslides, Flood Control Anthony Jordon, Parks/Maint. Supr., City of DB Teresa Arevalo, Senior Management Analyst David Lui, Director of Pub. Wks., City of DB Maps, Earth Movement Sharon Gomez, Sr, Mgmt. Analyst, City of DB Scribe/Record Keeper Joe Maxey, Lt., Sheriffs Dept Public Safety John Nieto, Asst. Chief, LACOFD Thomas Page, BC, Leticia Pacillas, LACOFD Jim DeStefano, Deputy CM, City of DB Ann Lungu, Planning Dave Doyle, Deputy CM, City of DB April Blakey, PIO, City of DB Wildfires, Windstorms GIS Maps Council & Public Outreach Community & Development Services, Planning Historical Records, Administration, PIO Public Participation/Ou treach, Develop Community Profile Walnut Valley Water Company Represent ative Water Systems, Flood Control Gas Company Representative Gas Systems Edison Representative Power Pomona Unified School District Schools Amy Mc Elwain, Director Risk Management Walnut Valley School District " Brenda Hunemiller, Area D Coordinat or, LACO Overall Guidance 3 Agenda: Study Session #2 Meeting Date: May 18, 2004 CITY COUNCILAGENDA REPORT +ni. 00! 1 agfyQ!, TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: CITY COUNCIL DISCUSSION REGARDING PROPOSED REORGANIZATION OF THE INDUSTRY EAST ADVISORY COMMITTEE TO ADDRESS THE INDUSTRY BUSINESS CENTER DEVELOPMENT RECOMMENDATION: Direct staff as appropriate. BACKGROUND: The City of Industry has proposed developm ent of a 592 -acre site located on the western boundary of the City of Diamond Bar. The majority of the project is proposed upon the vacant 347- acres located behind the Diamond Bar Honda dealership on the south side of Grand Avenue. Development is also proposed upon the vacant 245 -acres located on the north sideof Grand Avenue extending to Sunset Crossing Road. The proposal includes a 16 -acre commercial center on Grand Avenue, a fire station, corporate offices of approximately 79—acres, "big box" retail on a 52.4 -acre site and a 45 -acre freeway oriented auto dealership center. Property on the north side of Grand is proposed as a 6.4- acre commercial center, a 100 -acre business park, a water tank site, and a 28.8 -acre industrial site. The overall project is comprised of 4,779,000 net square feet of commercial, office and industrial space Anumber of new roadways will be constructed to provide vehicular and truck access to the project site, including a new street that extends from Grand Avenue south to Old Brea Canyon Road (behind the Honda dealership) connecting to Cheryl Lane. The extens ion of this new street will connect Gran d Avenue no rth to Sunset Crossing Road. With the project's construction, existing traffic volumes are expected to increase on Grand Avenue, Brea Canyon Road, Sunset Crossing Road and other area City streets. The City of Industry is in the process of preparing an Environmental Impact Report for the development. The Draft EIR is anticipated to be released for public review in June 2004. Although the Draft EIRwill address a broad array of issues, the areas of potentially the greatest concern to Diamond Bar relate to traffic impacts, land use compatibility and economic impacts. Industry has indicated that project construction will commence in 2005 and continue over a period often years. DISCUSSION: In recent years the City of Industr y has developed adjacent properties with manufacturing and warehouse buildings. In 1999, the City of Industry proposed the 425—acre, 6,600,000 square foot Industry East Project (now known as Grand Crossing). The City of Industry approved the project in 2000. The project commenced construction in 2000 and is still under construction. The Industry East project generated concerns from Diamond Bar area residents and business owners affected by the project. In 2000, a ten -person citizens committee was established by the City Council to address the concerns and to serve as an advisory panel to the Council. The issues addressed by the Committee have been primarily related to project impacts upon residents located at the terminus of Washington Street. The efforts of the Committee have led to addi tional project conditions; i.e., increased building setbacks from the existing residential uses and a condition to construct a landscaped earthen berm to reduce the visual impact of the proposed industrial buildings adjacent to the Hampton Court condominiums. Technical support for the Advisory Committee is provided by City staff. Two Councilmembers have been appointed each year by the Mayor (currently Councilmember O'Connor and Mayor Pro Tem Herrera) to Chair the Committee. The Advisory Committee meets on an "as - needed" basis. Earlier this year the Committee met to review project status and to discuss the recently proposed Industry Business Center project. Councilmember O'Connor has suggested that the existing Industry East Project Advisory Committee be reorganized to addre ss the proposed Industry Business Center project. Components of the reorganiza tion could include a name change, new membership, guidelines and directives from the City Council for the Committee and the City staff. It is recommended that the City Council discuss this matter and direct City staff as appropriate. WV: 4WGlV:492 Y,I James DeStefano Deputy City Manager Agenda: Study Session #4 Meeting Date: May 18, 2004 CITY COUNCIL AGENDA REPORT t121Y H Cr �� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: CITY COUNCIL DISCUSSION REGARDING ECONOMIC DEVELOPMENT OPPORTUNIT IES RECOMMENDATION: Direct staff as appropriate. BACKGROUND: The City is currently challenged by our desire to continuously improve and expand services and programs for the community and the need to increase revenue to fund such ambitious plans. Added to the challenge is the annual uncerta inty of the State pirating our local government resources to backfill uncon trolled State spendin g. In addition, the City is confronted by attempts from area Cities to lure sales tax producers from Diamond Bar to their communities. Current financial concerns facing Diamond Bar include: • State Vehicle Licens e Fee revenue reduction • State "Triple Flip" ramifications • Diamond Bar Center maintenance and operation costs • Pending loss of top sales tax producers • New revenue needed for ongoing operations and new obligations • Best use of reserves • Increase in annual revenue • Attraction and retention of large sales tax producers DISCUSSI ON: One of the most important means to strengthen our resources is through economic development activities. We have engaged Kosmont Companies to assist the City in the exploration and identification of economic development strategies and related implementation actions. With the assistance ofKosmont, the City has taken several actions including identifying activities to preserve cash reserves, establish key sites and priority projects for development and enhance ment of City revenue. The staff, in dealing with developers, has focused all effo rts toward the creation of the highest revenue generating (generally retail sales tax) producing developments. Priority revenue enhancing development projects include: Short Term • Calvary Chapel /Lewis retail project o Development plans underway to construc to big box retailer /restaurants / and retail shops /developer contribution for residential entitlement on adjacent property • Country Hills Town Center / MCC Capital o Emphasis on new grocery store /potential hardware store/ food uses / new retailers /medical office building • Walnut Valley Trailer Park o Use of property for freeway oriented hotel /retail /restaurant Mid Term • Kmart/Charles Company o Emphasis on big box retailer /additional retail /restaurants. • Honda site o New dealership /sale of new cars, used cars, motorcycles, boats, RV/ hotel site /restaurant uses /gasoline? • Site D / Lewis o Freeway oriented retail i.e. big box retail /restaurants /gasoline o Grocery store /Neighborhood shopping center? o Entertainment -theater /restaurants? o Developer contribution forresidential entitlement • Golf course o 170 -acres of freeway oriented property. o Exploration ofjoint County /City redevelopment project area? Long Term • Golf Course site redevelopment o Mixed uses /freeway retail /office/ entertainment /restaurants? • Tres Hermanos property o Move County golf course? • Aera property o Annex? o Freeway retail /auto dealerships? Outcomes which cannot be obtained tonight, but are important to consider while building an overall strategy include: • Are the listed projects and uses consistent with Council vision? • If not, what is Council Vision? • Sales tax or consumerism? • What is the best use of rese rves to obtain the objectives? 2 • Which site to focus investment? • What does city expect to receive from investments? • I.d. properties and opportunities • Use of redevelopment project area • Big box retailers? • Movie Theater? (In Diamond Bar or within the Industry Business Center project?) • More Gasoline sales? • Uses for Calvary Chapel retail site • Uses for Kmart site? • Uses for CRTC? • Uses for Site D? • Business to business activities? • Change Development Code to encourage retail sales tax land uses and discourage non- sales tax producing land uses? This evening, Kosmont and Associates will provide an additional overview to support further discussion of Diamond Bar's economic strategies. PREPARED BY: James DeStefano Deputy City Manager 3 Agenda No. 6.1 .2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 20, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 6:15 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. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager; Nancy Whitehouse, Executive Assistant and Tommye Cribbins, Deputy City Clerk. Hindu Ceremony Demonstration Discussion of Business Licensing Public Comments on Study Session Agenda Items M/Zirbes announced that due to time constraints, the Business Licensing Discussion would be held over to a future study session. Hindu Ceremony Demonstration CM/Lowry turned the meeting over to CSD/Rose who introduced Shukavok Das, PhD and Hindu Priest atthe Shri Lakshmi Narayan Mandir in Riverside. Dr. Das explained that in Hinduism, the use of fire is a fairly important ritual. Indian people have different types of ceremonies that may or may not involve fire to varying degrees. One of the most important ceremonies is the Baha (wedding) ceremony. When performing the Hindu marriage ceremony, families typically arrange for a 10 to 12 foot square canopied area called a Mandap with large bamboo pillars erected at each of the four corners reaching a height of 10 to 12 feet. The wedding ceremony is performed inside the Mandap (structure). For his ceremonies he places a large Turkish tray measuring three to three and a half feet in diameter in the center of the structure. He places a plate upside down on the tray so that the heat does not come through. The fire (Agni) is set up in a kund (copper bowl). For his fire, he uses wood or cow dung and places the Ghee (clarified butter) over the material, when the Ghee is soaked in, the wood or cow dung acts as a wick and minimizes smoke. In India the cow APRIL 20, 2004 PAGE 2 CC STUDY SESSION is very sacred and therefore the dung is very sacred. If Priests do not have access to cow dung they use wood or small pieces of Duraflame log. Central to the ceremony, the bride and groom stand and walk around the Agni four or seven times while reciting vows. This is called Mangalfera. Dr. Das stated that he is extremely concerned about fire safety. Indian brides typically wear long saris with layers of sheer fabric. In this instance, fire is a dangerous thing. As a priest, he has never caused a fire even while officiating ceremonies in private homes. Dr. Das said that about 50 percent ofthe facilities heuses do not allow the fire. In that event, hegoes to Plan B— Hefills his havan kund with rice, cuts a coconut in half, imbeds the coconut in the rice (the coconut becomes a small burning lamp), puts a small piece of cotton wick inside (a votive candle) it looks traditional even though it does not have the "punch" of the fire. He said he does hundreds ofweddings using Plan B. Dr. Das explained that the main issue with fire was smoke, which necessitated turning off the smoke alarms for a short period of time or, completely eliminating the fire. However, fire plays a very sacred and traditional role and is a very important part of the Hindu sacrament. If D.B. wants to "market' its facility to the Indian community, itwould behoove the City to allow fire for wedding ceremonies. Dr. Das said that there are other important Hindu ceremonies such as the two-week fall festival season called Navaratri which literally means nine nights. It includes various events involving thousands from the Hindu community partaking of loud music, dance, food and other elements of celebration over a period of five or six hours each day. Dr. Dos spoke about these events to make the point that D.B. could fill its center during the Navaratri. Occasionally well-known Gurus or teachers would give a kata (discourse) at such events that would take place every evening from 6 p.m. to 9:00 or 10:00 p.m. over a period ofthree, seven ornine days and the hall would be filled every night. He explained that the kata involved lamps. Every ceremony would end with an Arti and there could bepictures or shrine areas, members were given a tray on which a lighted lamp is placed. The lighted lamp (fire or incense) is then offered to pictures of various forms of god at small shrine centers throughout the hall. Dr. Das said that there is a very large market in this area and the Indian community is searching for places to hold their events. In fact, they are building a community hall in the Riverside Temple to serve the community for these types of ceremonies. D.B. is the center of a very large Indian community and could draw from the surrounding areas if the City found a way to deal with the fire and incense issue. He felt that the burning of incense was not a major issue and that the open flame is something that had to be dealt with. He said he could offer methods for limiting or APRIL 20, 2004 PAGE 3 CC STUDY SESSION controlling the fire aspect. If D.B. could allow tradition to some degree, the market would be unlimited. C/O'Connor asked if the use of tea lights would be acceptable for the ceremonies. Dr. Das responded that tea lights could be used but only as a last resort if participants were unable to find a location that permitted the fire. Tea or votive lights were not generally acceptable because nobody liked using them. In fact, Dr. Dos did not like using the tea or votive lights for his ceremonies. If fire were not permitted in a facility he would recommend finding a facility that allowed the use of fire because from a priest's point of view, lack of fire downgrades the ceremony. Priests promote tradition as much as possible. Although a Hindu weddi ng could very easily last five or six hours in India his wedding ceremonies generally last at least one hour and without the use of fire the ceremony would be significantly downgraded. C/Huff asked Dr. Das why he felt incense was not an issue to which Dr. Das responded that he was surprised to hear a complaint about incense. He had never heard anybody complain about incense. He said he could perform a wedding without incense because incense was a minor component ofthe ceremony and hepersonally did not likeincense. Hefelt the City could easily say it did not want incense if it allowed fire. C/Huff and Dr. Das discussed the burning of cow dung and that it was very clean burning. They agreed that once the dung is dry it burns very clean. Dr. Das said that since accessibility to cow dung is difficult most priests burn incense. He burns cow dung becaus a it limits smoke and allows him to control the fire with a consistent flame. A wood fire is not so easily controlled. His equivalent to cow dung is the Duraflame log cut into small slices depending on the size of the fire. A small portion lasts for the 10 or 20 minutes that it takes to complete that portion of the ceremony and burns at a controlled and steady rate. He offered that D.B. could limitthe use offire by requiring the use of Duraflame logs. Dr. Das stated that at about half of the Hindu weddi ngs the groom rides in on a white horse during which drums are played. Many times grooms arrive in a white Mustang or Mercedes instead of by horse. Occasionally, an elephant is used for the groom's entry. M/Zirbes asked Dr. Das how many community centers like the Diamond Bar Center allow open flames, incense, elephants and horses? APRIL 20, 2004 PAGE 4 CC STUDY SESSION Dr. Das responded that the Cerritos Performing Arts Center allows horses and the traditional flame. The Buena Park Sequoia Center, the Hyatt Regency, Mission Inn (Holiday Inn in Riverside) allow the open flame. The Via Verde Country Club in San Dimas allows the open flame outside, not inside. Dr. Das said that if the facility permits, an option to deal with this issue is to set up a tent and Mandap outside and have the reception inside. Sometimes hotels have outdoor atriums that are used for such purposes. Requirements vary from place to place. Frankly, a very skillful priest can have a very small controlled fire. Of course, priests cannot be controlled so the City would have to set the limits. M/Zirbes asked Dr. Das to conf irm that D.B. could accommodate the Hindu needs by allowing the fire ceremony to be conducted outside. Dr. Dos responded "absolutely." In that instance, the City would have to provide a tent or some type of covering. In fact, the Riverside Temple has restrictions for inside fires and if the ceremony is held outside a very large tent is set up for the occasion. M/Zirbes said he heard that cauldrons of incense would be used to purify the room prior to or during ceremonies. Dr. Das said he hears the same rumor all of the time but has never seen this type of practice. However, India is very diverse so anything is possible but that there is absolutely no need for a Hindu ceremony to include a crew burning incense for purification. Again, for weddings incense is not as important as the fire. CSD/Rose stated that staff proposes to obtain additional information from the Cerritos Performing Arts Center and input from the fire department for further Council discussion on this matter. Dr. Das said that he performs the fire ceremony in concert with the fire department and believed that the Cerritos Performing Arts Center had strict rules about restricting fire that D.B. could mimic. Chief Nieto said he would contact the Los Angeles County Fire Department tomorrow regarding regulations for the Cerritos Performing Arts Center. Public Comments on Study Session Agenda Items — None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session to the regular meeting at 6:45 p.m. APRIL 20, 2004 PAGE 5 CC STUDY SESSION Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2004. BOB ZIRBES, Mayor Agenda # _8.2 (a) Meeting Date: May 18, 2004 CITY COUNCIL AGENDA REPORT . � tirr ut tytity. TO: Honorable Mayor and Members ofthe City Council VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE INSTALLATION OF SPEED HUMPS AT 6361644 GREAT BEND DRIVE, 547/553 GREAT BEND DRIVE, 23309/ 23315 GOLD RUSH DRIVE, AND 23409/2 3415 GOLD RUSH DRIVE RECOMMENDATION: The Traffic and Transportation Commission recommends increased enforcement and education in lieu of the installation of speed humps. Staff recommends approval of the resolution. FINANCIAL IMPACT: The cost for an asphalt speed hump is between $2,500 and $3,000 each. A total of four (4) speed humps are proposed to be installed along Great Bend Drive and Gold Rush Drive along with signage and pavement markings (pleasesee Attachment "A"). Thetotal cost to install four (4) speed humps will be between $10,000 and $12,000. $30,000.00 has been budgeted for speed humps in this fiscal year. BACKGROUND: Since the adoption of the Speed Hump Policy (Attachment "B") by the City Council on July 16, 2002, staff has been in receipt of several requests from residents for the installation of speed humps to perceivably control the speed ing in their neighborhood. Staff has been compiling these requests until such time the speed hump one-year moratorium expired. On August 5, 2003, the City Counc it evaluated the long-term effect of speed humps and lifted the moratorium. We have received requests for speed humps from citizens residing on fifteen (15) local residential streets. The requests came from the following streets: 1) Bregante Drive 9) Great Bend Drive/Gold Rush Drive 2) Castle Rock Road 10) Leylan d Drive 3) Clorinda Drive 11) Longview Drive 4) Cold Spring Lane 12) Lookin g Glass Drive 5) Decorah Road 13) Lycoming Street 6) Fallow Field Drive 14) Meadow Glen Drive 7) Flintlock Road 15) Stardust Drive 8) Gold Run Road Based on staff's initial review of the physical characteristics of the abovementioned streets, six (6) streets have met the "Physical Criteria" requirements of the City's policy. These are Looking Glass Drive, Castle Rock Road, Clorinda Drive, Great Bend Drive, Leyland Drive, and Longview Drive. To establish and determine the priority for these requests, staff conducted traffic studies of the aforementioned streets. Specifically, the cumulative number of vehicles traveling over the posted speed limit in a 24-hour period multiplied by the percentage of vehicles traveling over the speed limit of 25 mph. This formula along with the physical criteria was used to develop the prioritization list for the following six (6) streets: Looking Glass Drive, Castle Rock Road, Clorinda Drive, Great Bend Drive/Gold Rush Drive, Leylan d Drive, and Longview Drive. The petition from the Great Bend Drive/Gold Rush Drive residents was received on August 14, 2003 and was the first petition received. Two (2) more petitions from Castle Rock Road and Longview Drive were received earlier this year for staffs consideration. DISCUSSION: The Great Bend Drive/Gold Rush Drive neighborhood had submitted their petition prior to the prioritization study which took place in November 2003. The petition signatures have been verified with 92% of the residents signing from the affected area between Diamond Bar Boulevard and Stirrup Drive. The Traffic and Transportation Commission received the staff report and recommendation for installation of the speed humps at the March 11, 2004 meeting. 122 residents from the affected area were notified of the meeting, two (2) residents attended. With the lack of residents' input, the Traffic and Transportation Commission recommended increased enforcement and the implementation of an educational program by the Sheriffs Department (please see Attachment "C"). As an additional effort by the City, the residents along Gold Rush Drive and Great Bend Drive, from Diamond Bar Boulevard to Tin Drive, were again invited to a neighborhood meeting on April 21, 2004. Fifteen (15) residents received a handout listing the advantages and disadvantages of speed humps and discussed their concerns (see Attachments "D" and "E"). A large aerial map depicting the proposed locations of the speed humps was on view. After discussing the various issues, the consensus of the residents was to continue with the speed hump installation. Volume and Speed Current conditions with the volume of vehicles traveling through the neighborhood along with the speeds encountered were recently gathered. The Diamond Bar speed trailer was deployed at the four (4) locations for the proposed speed humps for a 24-hour period at each location. The following is range of speeds and volume obtained during those 24-hour periods. Dates April 21-22, Apr. 22-23, Apr.27-28, April 29-30, 2004 Total Vehicles 677 to 712 Maximum Speed 44 to 52 mph Average Speed 29 to 32 mph 85t Percentile 33 to 37 mph Staff has further contacted the residents living immediately adjacent to the proposed speed hump locations to make certain they are aware of the possibility of the installation of speed humps on Great Bend Drive and Gold Rush Drive. All residents living in the affected area from Tin Drive to Diamond Bar Boulevard have been notified of the Council's meeting. CONCLUSION: The Great Bend Drive/Gold Rush Drive speed hump request meets both the objective and quantitative criteria of the speed hump policy. Staff supports and recommends approval of the req u est. PREPARED BY: Sharon Gomez, Senior Management Analyst 1V=kVAl=kTA=111-]'q David G. Liu James DeStefano Director of Public Works Deputy City Manager Attachment: Resolution No. 2004 -XX Attachment "A": Aerial Map Attachment "B": Speed Hump Policy Attachment "C": Traffic and Transportation Commission Minutes, March 11, 2004 Attachment "D": Neighborhood Meeting Agenda Attachment "E": Resident Fact Sheet Attachment "F": Petition 3 RESOLUTION NO. 2004 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2002-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE SPEED HUMP POLICY WHEREAS, at the July 16, 2002 meeting of the City Council, the City Council approved the adoption of the Speed Hump Policy. WHEREAS, the City Council desires to amend the policy by vesting authority for approval of speed humps pursuant to the standards contained in the policy in the City Engineer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar, California, hereby amends the Speed Hump Policy, attached hereto as Exhibit "A", and authorizes and empowers the City Engineer to execute and implement the Speed Hump Policy for the benefit, welfare, and safety of the residents of the City of Diamond Bar. PASS, ADOPTED AND APPROVED at a regular meeting of the City Council this 18th day of May, 2004. ATTEST: Linda C. Lowry, City Clerk Robert A. Zirbes Mayor 4 I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of May, 2004, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: CITY OF DIAMOND BAR SPEED HUMP POLICY Introduction 1.1 Speeding on local residential streets has been one of the most frequently mentioned concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.2 In addition, residents request the installation of some type of traffic control measure, such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in length at the base. They are commonly installed on private roadways and shopping centers but are not recommended for use on public streets. By comparison, a speed hump (see Attachment A, "Speed Hump Standard") is approximately three inches in height and 12 to 14 feet in length at the base and therefore is much gentler in configuration without the "jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.3 In an effort to address these concerns, staff and the Traffic and Transportation Commission have conducted extensive research on how other jurisdictions approach the issue of speeding on residential streets and have formulated this policy based on those findings and the City Council has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residential streets, once all other feasible measures/alternative actions have been taken and have proven ineffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the purpose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the future at its own discretion, based on a determination by the Eity Gatmeil City Engineer that the action advances, public health, safety or welfare. Criteria for Installation of Speed Humps 3.1 Physical Criteria Classification The street shall be classified a local residential street, as defined by the California Vehicle Code (CVC) Section 40802(b). 2. Sneed Limit The speed limit for the street shall not be greater than 25 mph. 3. Street Width The paved width of the street shall not exceed 40 feet and there must be curb and gutter or curb on both sides of the street. 4. Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes (one lane in each direction). 5. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 6. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot centerline radius. Speed humps shall not be installed on vertical curves with less than the minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. 7. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopping sight distance of at least 200 feet can not be provided. 8. Length of Street/Block/ Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/4 of a mile (1,320 feet), including, blocks and cul-de-sacs. 7 9. Location a) Speed humps shall be placed adjacent to property lines and street lights whenever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. C) Speed humps shall not be placed within 25 feet of a fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or other utility vaults and shall be 25 feet from these facilities whenever possible. e) Speed humps shall not be installed in front of catch basins or drainage structures. 10. Maximum Height Speed humps shall not exceed a maximum height of 3". 11. Spacing Speed humps shall be spaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria Traffic Volume Speed humps shall not be installed on streets with a minimum average daily traffic volume (ADT) of less than 500 vehicles per day or with a maximum average daily traffic volume (ADT) of more than 2,500 vehicles per day. 2. Transit Routes Speed humps shall not be installed on streets with established transit routes. 3. Emergency Vehicle Access 8 Speed humps shall not be installe d on streets that are defined or used as primary or routine emergency vehicle access routes. 4. Traffic Speeds A traffic engineering study, as determined by the City Engineer, shall be performed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the problem. 5. Neighborhood Support Speed humps shall not be installed on, modified, or removed from, any street unless 67% of the residents express written support of such action as discussed below, or unless in accordance with section 2.3, above. 6. Other Agency Notification The emergency services providers (i.e. Sheriffs Department, Fire Department Ambulance Service), school districts, transit operators, refuse collectors and street sweepers shall be notified of the proposed speed hump(s) installation. Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all other feasible measures/alterna tive actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation of speed humps, the requestor will provide the City Engineer with a petition in accordance with the requirements listed below. 3. Any resident may submit a written request for consideration of the modification and/or removal of speed humps. This request shall be accompanied by a petition in accordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal of speed humps shall be made on the City's petition form (see Attachment B). A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Division. Each petition to install, modify or remove a speed hump shall contain signatures representing of at least 67% of the residential properties affected by the proposed action, in favor of that action. Affected residents are those along the affected portion of that street (within 1/4 mile of any speed hump or to the nearest intersection with a street that allows ingress and egress from the neighborhood, whichever is further).Each residence/household will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 6. All petitions to install, modify or remove a speed hump shall contain signatures obtained within six months prior to the submittal date to the City Engineer. 4.2 Upon receipt of the petition, the City Engineer will verify that the petition contains the required number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notified of the petition's failure to meet the requirement. If the petition contains the required number of signatures in favor of the proposed action, a staff report "iff be prepared and subittiftd to the Ttaffie and Transportation Garmnissiatt fa a neighborhood meeting will be scheduled to discuss the advantages and disadvantages of speed humps. Residents will receive notification of the meeting two (2) weeks prior to the meeting date. 4.3{�eeted. . sid@n ,on o o.-g@aGy o oyid@ (i.@. sh@rF 8 Po... r2;. -o feasibility of instaHing, ma4ifyin— . — Peed humps an ewh street being eansidered. if speed 10 If the installation, modification, or removal of the speed humps is approved by the City Engineer, all residents on the affected street(s) will be given notice of the planned action at least two weeks prior to installation, modification or removal. 4.4 �ko U- @- ;, .,a :r...,,,spet.. r,.m-m-isgi@;;'s o o a n be . o ,oa t" fl4o Gity The decision of the City Engineer may be appealed to the City Council by any aggrieved or interested parties within ten (10) days of notification of installation, modification or removal of the speed humps. The City Council's decision shall be final. �ti5lTlS!7TFf_ .. _ 11 11 12 Agenda # _8.2 & Meeting Date: May 18, 2004 CITY COUNCIL AGENDA REPORT lltF liti" TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION NO. 2002-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAM OND BAR ADOPTI NG THE SPEED HUMP POLICY RECOMMENDATION: Approve the resolution. FINANCIAL IMPACT: None. 7_T0XC]:16111Z1171DIRW9111:16iICZF At the July 16, 2002 meeting, the City Counc it approved the adoption of the Speed Hump Policy and the installation of three (3) permanent speed humps on Navajo Springs Road/ Decorah Road. On August 6, 2002, Council established a one-year moratorium on the installation of speed hum ps in order to evaluate the long-te rm effect of speed humps on the neighborhood. On August 5, 2003, the moratorium was lifted and the City began accepting requests for speed hump installation. To date, staff has received a total of fifteen (15) requests, of which six (6) streets have been prioritized in accordance with the Speed Hump Policy. Currently, the Speed Hump Policy requires a resident to submit a written request to the City Engineer for consideration of speed humps. The street is then evaluated to determine if it meets the physical criteria set forth in the Speed Hump Policy. If the street meets the physical criteria, the requestor is then required to complete a petition with signatures from at least 67% of the residents in the affected area. Upon verification of the submitted petition, traffic volume and speed counts are performed to confirm the magnitude and extent of the speeding problem. The street is then determined to be eligible and a staff report will be prepared and submitted to the Traffic and Transportation Commission for consideratio n. Public comments will be solic ited and received at the Traffic and Transportation Commission meeting and the Commission's recommendation will be presented to the City Council for approval. Since the speed hump policy is based on objective and quantitativ a criteria and neigh borhood support of at least 67% of the residents; staff is proposing to place the determination and approval of speed hump installation under the auspices of the City Engineer. The speed hump requests will be considered on a first-come, first-served basis and implemented in accordance with the approved annual budget. The following are the proposed revisions or stipulations to the policy: 1. Delete the wording "City Council" in Section 2.3 and replace with "City Engineer". 2. Delete Section 3.2.6, "Other Agency Coordination" in its entirety and replace it with "Other Agency Notification: The emergency services providers (i.e. Sheriffs Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers shall be notified of the proposed speed hump(s) installations." 3. Delete the wording in Section 4.2, "a staff report will be prepared and submitted to the Traffic and Transportation Commission for its consideration of the installation, modification, orremoval ofspeed humps" and replace with the wording "a neighborhood meeting will be scheduled to discuss the advantages and disadvantages of speed humps. Residents will receive notification of the meeting two (2) weeks prior to the meeting date." 4. Delete Section 4.3 in its entirety and replace it with "4.3, If the installation, modification, or removal of the speed humps is approved by the City Engineer, all residents on the affected street(s) will be given notice of th e planned action at least two (2) weeks prior to installation, modification or removal." 5. Delete Section 4.4 in its entirety and replace it with "The decision of the City Engineer may be appealed to the City Council by any aggrieved or interested parties within ten (10) days of notification of installation, modification or removal of the speed humps. The City Council's decision shall befinal." 6. Delete Section 4.5 in its entirety. The attached Resolution is for Council's consideratin and Exhibit "B" is the approved Speed Hump Policy with strike -outs for deletions and new language in bold. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu James DeStefano Director of Public Works Deputy City Manager Attachment: Resolution No. 2004 -XX with Exhibit "A", Amended Speed Hump Policy Exhibit "B", existing SHP dated July 16, 2002 with (red lined version) CITY OF DIAMOND BAR SPEED HUMP POLICY MAY 18, 2004 Introduction 1.1 Speeding on local residential streets has been one of the most frequently mentioned concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.2 In addition, residents request the installation of some type of traffic control measure, such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in lenath at the base. They are commonly installed on private roadways and shopping centers but are not recommended for use on public streets. By comparison, a speed hump (see Attachment A, "Speed Hump Standard") is approximately three inches in height and 12 to 14 feet in length atthe base and therefore is much gentler in configuration without the "jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.3 In an effort to address these concerns, staff and the Traffic and Transportation Commission have conducted extensive research on how other jurisdictions approach the issue of speeding on residentia I streets and have formulated this policy based on those findings and the City Counc it has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residential streets, once all other feasible measures/alternative actions have been taken and have proven ineffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the purpose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the future at its own discretion, based on a determination by the City Engineer that the action advances, public health, safety orwelfare. Criteria for Installation of Speed Humps 3.1 Physical Criteria 1. Classification The street shall be classified a local residential street, as defined by the California Vehicle Code (CVC) Section 40802(b). 2. Speed Limit The speed limit for the street shall not be greater than 25 mph. 3. Street Width The paved width of the street shall notexceed 40 feet and there must be curb and gutter or curb on both sides of the street. 4. Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes (one lane in each direction). 5. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 6. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot centerline radius. Speed humps shall not be installed on vertical curves with less than the minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. 7. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopping sight distance of at least 200 feet can not beprovided. 4 8. Length ofStreet/Block/ Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/4 of a mile (1,320 feet), including, blocks and cul-de-sacs. 9. Location a) Speed humps shall be placed adjacent to property lines and street lights whenever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. c) Speed humps shall not be placed within 25 feet of fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or other utility vaults and shall be 25 feet from these facilities whenever possible. e) Speed humps shall not be installed in front of catch basins or drainage stru ctu res. 10. Maximum Height Speed humps shall not exceed a maximum height of 3". 11. Spacing Speed humps shall bespaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria 1. Traffic Volume Speed humps shall not be installed on streets with a minimum average daily traffic volume (ADT) of less than 500 vehicles per day or with a maximum average daily traffic volume (ADT) of more than 2,500 vehicles per day. 2. Transit Routes Speed humps shall not be installed on streets with established transit routes. 3. Emergency Vehicle Access 5 Speed humps shall not be installed on streets that are defined or used as primary or routine emergency vehicle access routes. 4. Traffic Speeds Atraffic engineering study, as determined by the City Engineer, shall be performed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the problem. 5. Neighborhood Support Speed humps shall not be installed on, modified, or removed from, any street unless 67% of the residents express written support of such action as discussed below, orunless in accordance with section 2.3, above. 6. Other Agency Notification The emergency services providers (i.e. Sheriffs Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers shall benotified ofthe proposed speed hump(s) installation. Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all other feasible measures/altema tive actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation of speed humps, the requesto r will provide the City Engineer with a petition in accordance with the requirements listed below. 3. Any resident may submit a written request for consideration of the modification and/or removal of6speed humps. This request shall be accompanied by a petition in accordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal of speed humps shall be made on the City's petition form (see Attachment B). A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Division. 5. Each petition to install, modify or remove a speed hump shall contain signatures representing ofat least 67% ofthe residential properties affected bythe proposed action, in favor of that action. Affected residents are those along the affected portion of that street (within 1/4 mile of any speed hump or to the nearest intersection with a street that allows ingress and egress from the neighborhood, whichever is fu rth er). Ea ch residence/househ old will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 6. All petitions to install, modify or remove a speed hump shall contain signatures obtained within six months prior to the submittal date to the City Engineer. 4.2 Upon receipt of the petition, the City Engineer will verify that the petition contains the required number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notifie d of the petition's failure to meet the requirement. If the petition contains the required number of signatures in favor of the proposed action, a neighbor hood meeting will be scheduled to discuss the advantages and disadvantages of speed humps. Residents will receive notification of the meeting two (2) weeks prior to the meeting date. 4.3 If the installation, modification orremova I of the speed humps is approved by the City Engineer, all residents on the affected street(s)will be given notice of the planned action at least two (2) weeks prior to insta Ilation, modification or removal. 4.4 The decision of the City Engineer may be appealed to the City Council by any aggrieved or interested parties within ten (10) days of noti fication of installation, modification or removal of the speed humps. The City Council's decision shall be final. 7 CITY OF DIAMOND BAR SPEED HUMP POLICY Introduction 1.1 Speeding on local residential streets has been one of the most frequently mentioned concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.4 In addition, residents request the installation of some type of traffic control measure, such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in length at the base. They are commonly installed on private roadways and shopping centers but are not recommended for use on public streets. By comparison, a speed hump (see Attachment A, "Speed Hump Standard") is approximately three inches in height and 12 to 14 feet in length at the base and therefore is much gentler in configuration without the jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.5 In an effort to address these concerns, staff and the Traffic and Transportation Commission have conducted extensive research on how other jurisdictions approach the issue of speeding on residential streets and have formulated this policy based on those findings and the City Council has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residential streets, once all other feasible measures/alternative actions have been taken and have proven ineffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the purpose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the future at its own discretion, based on a determination by the Gity G=attfteil City Engineer that the action advances, public health, safety or welfare. Criteria for Installation of Speed Humps 3.1 Physical Criteria 12. Classification The street shall be classified a local residential street, as defined by the California Vehicle Code (CVC) Section 40802(b). 13. Sneed Limit The speed limit for the street shall not be greater than 25 mph. 14. Street Width The paved width of the street shall not exceed 40 feet and there must be curb and gutter or curb on both sides of the street. 15. Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes (one lane in each direction). 16. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 17. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot centerline radius. Speed humps shall not be installed on vertical curves with less than the minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. 18. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopping sight distance of at least 200 feet can not be provided. 19. Length of Street/Block/ Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/4 of a mile (1,320 feet), including, blocks and cul-de-sacs. 9 20. Location a) Speed humps shall be placed adjacent to property lines and street lights whenever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. C) Speed humps shall not be placed within 25 feet of a fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or other utility vaults and shall be 25 feet from these facilities whenever possible. e) Speed humps shall not be installed in front of catch basins or drainage structures. 21. Maximum Height Speed humps shall not exceed a maximum height of 3". 22. S12acin2 Speed humps shall be spaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria 5. Traffic Volume Speed humps shall not be installed on streets with a minimum average daily traffic volume (ADT) of less than 500 vehicles per day or with a maximum average daily traffic volume (ADT) of more than 2,500 vehicles per day. 6. Transit Routes Speed humps shall not be installed on streets with established transit routes. 7. Emergency Vehicle Access Speed humps shall not be installed on streets that are defined or used as primary or routine emergency vehicle access routes. 10 Traffic Speeds A traffic engineering study, as determined by the City Engineer, shall be performed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the problem. 5. Neiehborhood Support Speed humps shall not be installed on, modified, or removed from, any street unless 67% of the residents express written support of such action as discussed below, or unless in accordance with section 2.3, above. 6. Other Aitei Eoerd The proposed speed hump installations shall be reviewed by emergency services providers (i.e. Sheriffs Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers, and their input shall be considered in the evaluation process. 6. Other Agency Notification The emergency services providers (i.e. Sheriffs Department, Fire Department Ambulance Service), school districts, transit operators, refuse collectors and street sweepers shall be notified of the proposed speed hump(s) installation. Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all other feasible measures/alterna tive actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation of speed humps, the requestor will provide the City Engineer with a petition in accordance with the requirements listed below. 3. Any resident may submit aIIwritten request for consideration of the modification and/or removal of speed humps. This request shall be accompanied by a petition in accordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal of speed humps shall be made on the City's petition form (see Attachment B). A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Division. Each petition to install, modify or remove a speed hump shall contain signatures representing of at least 67% of the residential properties affected by the proposed action, in favor of that action. Affected residents are those along the affected portion of that street (within 1/4 mile of any speed hump or to the nearest intersection with a street that allows ingress and egress from the neighborhood, whichever is further).Each residence/household will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 6. All petitions to install, modify or remove a speed hump shall contain signatures obtained within six months prior to the submittal date to the City Engineer. 4.2 Upon receipt of the petition, the City Engineer will verify that the petition contains the required number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notified of the petition's failure to meet the requirement. If the petition contains the required number of signatures in favor of the proposed action, a neighborhood meeting will be scheduled to discuss the advantages and disadvantages of speed humps. Residents will receive notification of the meeting two (2) weeks prior to the meeting date. If the installation, modification, or removal of the speed humps is approved by the City Engineer, all residents on the affected street(s) will be given notice of the planned action at least two weeks prior to installation, modification or removal. 4.4 12 The decision of the City Engineer maybe appealed to the City Council by any aggrieved or interested parties within ten (10) days of notification of installation, modification or removal of the speed humps. The City Council's decision shall be final. 44 'tteer, prior- to insWiatiefi- 13