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1
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
April 19, 2005
Next Resolution No. 2005-21
Next Ordinance No. 06-(2005)
STUDY SESSION: 5:30 p.m., Room CC -8
Discussion with Consultants regarding financing a new Diamond
Library.
Discussion of Cable TV Franchise and local programming needs.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: James Price, Diamond Canyon Christian
Church
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1. Proclaiming April 25 to May 1, 2005 as "West Nile Virus and Mosquito and
Vector Control Awareness Week.
1.2 Proclaiming April, 2005 as "County of Los Angeles Earthquake
Preparedness Month."
NEW BUSINESS RECOGNITION
1.3 Presentation of Certificate Plaque to Tofu Restaurant, as New Business of
the Month, April, 2005.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
APRIL 19, 2005 PAGE 2
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION MEETING — April 26, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.2 PARKS AND RECREATION COMMISSION MEETING — April 28, 2005 —
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.3 ARBOR DAY CELEBRATION — April 29, 2005 — 10:00 a.m., Pantera Park,
738 Pantera Dr.
5.4 PEPSI PITCH, HIT AND RUN — May 1, 2005 — 2:00 p.m., D.B. Little
League Field, 22601 Sunset Crossing Rd.
5.5 PUBLIC SAFETY COMMITTEE MEETING — May 2, 2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut.
5.6 CITY COUNCIL MEETING — May 3, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of April 5, 2005 — Approve as submitted.
6.1.2 Regular Meeting of April 5, 2005 — Approve as submitted.
6.2 Planning Commission Minutes of March 22, 2005 - Receive and File.
6.3 Ratification of Check Register — Ratify Check Register dated April 19,
2005 in the amount of $474,965.51.
APRIL 19, 2005 PAGE 3
6.4 Award of Contract for Auditing Services for FY 2004-05 to FY 2006-
07, with the Option to Renew for an Additional Two Years.
Recommended Action: Approve.
Requested by: Finance Division
6.5 Amend Personnel Rules and Regulations Adopted January 16, 1990
to Facilitate In -House Promotions and Reduce Recruitment Expense.
Recommended Action: Amend.
Requested by: City Manager
6.6 Approval of Appropriation of $10,711 for FY 2004/05 Budget for
Unanticipated Clean Up and Protection of Slopes Damaged Due to
Heavy Rain Storms in January 2005.
Recommended Action: Approve.
Requested by: Public Works Division
6.7 (a) Award of Construction Contract in the Amount of $184,924.50
Plus 10% Contingency Amount of $18,492.50 for Total Authorization
of $203,417 to 4 -Con Engineering, Inc. for Construction of Phase II
ADA Improvements at Sycamore Canyon Park, Plus Approval of
Allocation of $13,863 of CDBG Funds and $116,322 of Prop. 40 Funds
to Fully Fund the Project.
Recommended Action: Award contract and Approve Allocation.
(b) Authorization for D&J Municipal Services to Perform
Inspection and Plan Check Services for the Sycamore Canyon Park
ADA Phase II Improvement Project in the Not -to -Exceed Amount of
$7,500.
Recommended Action: Authorize Plan Check and Inspection Services.
Requested by: Community Services Division
6.8 Approval for City of Diamond Bar Membership to the National
League of Cities and Appropriation of $2,864 for Payment of Dues for
One Year.
Recommended Action: Approve Membership and Appropriate Funds.
Requested by: City Manager
APRIL 19, 2005 PAGE 4
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard
7.1 Adopt Ordinance No. 5A(20050: Pursuant to Government Code
Section 65858 Extending Ordinance No. 05(2005) Establishing a
Moratorium Prohibiting the Establishment of Medical Marijuana
Dispensaries and Declaring the Urgency Thereof.
Recommended Action: Adopt Ordinance No. 05A (2005).
Requested by: Community Development Division
8. COUNCIL CONSIDERATION:
8.1 Adopt Resolution No. 2003-60E: Approving Changes to the Facility
Use Policy for the Diamond Bar Center to Establish a New Variance
that Allows Free Use of the Center for Governmental Organizations
that Provide Benefits to the Community or are Co -Sponsored by the
City as Stated in an Adopted Resolution of the City Council; and a
Lottery System for Instances that Two or More Parties Arrive at the
Same Time to Reserve the Same Date, Time and Room at the Center
(Continued from April 5, 2005).
Recommended Action: Adopt.
Requested by: Community Services Division
RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING
1. CALL TO ORDER: Chair Zirbes
ROLL CALL: Agency Members Herrera, Chang, VC/O'Connor,
C/Zirbes
2. 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 Agency on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the Redevelopment Agency values your comments, pursuant to the
Brown Act, the Agency generally cannot take any action on items not listed on
the posted agenda. Please complete a Speaker's Card and give it to the Agency
Secretary (completion of this form is voluntary). There is a five-minute maximum
time limit when addressing the Redevelopment Agency.
3. CONSENT CALENDAR:
APRIL 19, 2005 PAGE 5
3.1 Approve Minutes — Regular Meeting of December 7, 2004 — Approve
as submitted.
3.2 Approve Treasurer's Statement for April 1, 2004 through March 31,
2005.
4. AGENCY MEMBER CONSIDERATION:
5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members
are for Agency discussion. Direction may be given at this meeting or the item
may be scheduled for action at a future meeting.
ADJOURN REDEVELOPMENT AGENCY MEETING
RECESS TO PUBLIC FINANCING AUTHORITY ANNUAL MEETING
1. CALL TO ORDER: Chair Herrera
ROLL CALL: Authority Members O'Connor, Zirbes, VC/Chang,
C/Herrera
2. 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 Authority on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the Financing Authority values your comments, pursuant to the Brown
Act, the Authority generally cannot take any action on items not listed on the
posted agenda. Please complete a Speaker's Card and give it to the Authority
Secretary (completion of this form is voluntary). There is a five-minute maximum
time limit when addressina the Financina Authoritv.
3. CONSENT CALENDAR:
3.1 Approve Minutes - Regular Meeting of December 7, 2004 — Approve as
submitted.
3.2 Approve Treasurer's Statement for May 31, 2004 through March 31,
2005.
4. AUTHORITY MEMBER CONSIDERATION:
5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority
Members are for Authority discussion. Direction may be given at this meeting or
the item may be scheduled for action at a future meeting.
ADJOURN PUBLIC FINANCING AUTHORITY MEETING
APRIL 19, 2005 PAGE 6
RECONVENE CITY COUNCIL MEETING:
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 5, 2005
CLOSED SESSION: 5:30 pm., Room CC -8, SCAQMD/Government Center
Building, 21825 Copley Drive, Diamond Bar, CA 91765
Government Code Section Conference with Real Property Negotiators. Section
54956.8 (1 case)
Property Negotiations:
Address: Portion of Lot 1, Tract No. 1479, and Lot 61, Tract No.
42557
Agency Negotiator: City Manager
Negotiating Party: D & L Properties, Inc.
Under Negotiation: Price and Terms of Payment
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 6:00 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825
Copley Drive, Diamond Bar, CA 91765
Financing Options for Constructing a New Library
M/Chang adjourned the Study Session to the Regular Meeting at 7:00 p.m.
CALL TO ORDER: Mayor Chang called the regular City Council meeting
to order at 7:10 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley
Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Chang led the Pledge of Allegiance.
INVOCATION: None Offered.
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director;
Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Fred Alamolholda,
Senior Engineer; Marsha Roa, Communications & Marketing Coordinator; Sharon
Gomez, Senior Management Analyst; Ken DesForges, IS Director ; Ryan McLean,
Senior Management Analyst; and Tommye Cribbins, Executive Assist.
APPROVAL OF AGENDA: CM/Lowry requested that Item 8.1 be continued to the
City Council meeting of April 19, 2005.
MARCH 15, 2005 PAGE 2 CITY COUNCIL
1
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Chang presented CSD/Rose with a Proclamation, proclaiming April 29,
2005 as Arbor Day.
1.2 MPT/O'Connor read a Proclamation, proclaiming April 2005 Child Abuse
Prevention Month.
1.3 C/Herrera read a Proclamation, proclaiming April 2005 Sexual Assault
Awareness Month.
1.4 C/Zirbes presented the Proclamation to Agnes Gibboney, West End
Chapter, proclaiming April 10-16, 2005 as "Victims' Rights Week."
1.5 M/Chang presented the Proclamation to Irene Wang, proclaiming April 10-
16, 2005 "National Library Week."
1.6 Sgt. Blasnek introduced Edwin Roberts, new motor traffic officer, Diamond
Bar/Walnut Sheriff's Station.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Lowry spoke about the Special Election and stated that the City Council
approved a contract with Martin & Chapman to conduct the election balloting
process. The City has also contracted with Caroline de Llamos, an experienced
retired certified city clerk to provide staff with day-to-day operating advice and to
work with the candidates. On this occasion the voters may experience some
differences in the voting procedure such as different voting places. As soon as
the County Registrar certifies the precinct maps the City will begin recruiting poll
workers for the June 7 election. Prior to going to the poles, voters will have been
provided sample ballots in a fashion similar to the way in which they have
received sample ballots in the past with the recognizable red, white and blue
cover and maybe a Diamond Bar logo. The ballot itself will contain the names of
the three candidates. Next to each name will be a circle and the voter will be
instructed to fill in the circle of choice with a black pen. Residents who are
permanent absentee voters registered with the County Registrar will receive their
ballots by mail in a yellow envelope from the City. The voting system "Optimark"
contains the same information on absentee ballots as regular ballots. On the
evening of the election the ballots will be tallied by election consultant Martin &
Chapman, at the Diamond Bar Center. The ballots will be canvassed later in the
week and the election results should be ready for Council acceptance at the
regular meeting of June 21St when the new council member will be installed.
In response to MPT/O'Connor, CM/Lowry explained that "canvassing" means
verifying the absentee ballots received at the polls and any other provisional
ballots, and reconciling the data to the tabulation results.
MARCH 15, 2005 PAGE 3 CITY COUNCIL
3. PUBLIC COMMENTS: Osman Wei thanked the Sheriff's Department
and the Fire Department for their quick response to the serious five -car accident.
He stated that when a trespasser attempted to run the gate at "The Country
Estates" the Sheriff's Department responded quickly and that he appreciated and
thanked them for their quick and efficient response. Mr. Wei said that in the last
couple of
days he and the Homeowners Association received dozens of calls protesting the
placement of a campaign sign within the gated community. "The Country Estates"
abides by the City Code that allows campaign signs on private property 30 -days
prior to the election date and he wanted to know why the candidate would not
follow the 30 -day rule and why the City would allow this to occur. How would a
candidate expect to be trusted when they did not follow the rules and regulations of
the City? Does the political campaign supersede the rules and regulations? He
hoped the City would instruct the candidates to follow the rules.
Ling -Ling Chang presented the City Council with a check from the Diamond Bar
Community Foundation in the amount of $6,139.00 representing 10 percent of
the Diamond Bar Center tile sales.
Lydia Plunk, new Windmill Editor, asked for assistance from Council, staff and
the community to provide pictures, press releases and advertising dollars. Email
the.windmill(c-verizon.net or fax 909-594-6241.
Andrew Forslund, 303 S. Palo Cedro Drive, said his property faces the City of
Industry's planned 600 development surrounding Grand Ave. Even though the
project had been in the works for many years and had completed the EIR
process, he and his neighbors found out about it only three weeks ago when he
visited City of Industry City Hall to ask about the project. He since spoke with
Council Member Zirbes, staff and City of Industry staff and learned that the
bulldozers would be on-site in less than 60 days. He read D.B.'s response to the
EIR and the City of Industry's reply and appreciated the City's strong stance and
the fact that a Task Force had been created to monitor future development on the
site. He appreciated that the City announced and discussed the project in this
forum and also conducted several Public Hearings. Somehow, not one single
resident on his street was aware of the project. He asked for the City's help to
mitigate the impacts of the project on its residents. He said he would like to have
the buffer size increased to more than 150 feet to 200 or even 300 feet and
landscaped to hide the buildings more effectively.
Steve Tye commented on the important issue of economic development and how
the City was seeking ways to get reliable and steady sources of sales tax income
to enhance the City's ability to fund a new library and other City projects. One of
the best things the Council did was to attempt to get a Trader Joe's in D.B. He
suggested that with little effort the K -mart could be changed to a "Sears
Essential" and the City would realize a substantial sales tax revenue increase.
What an exciting opportunity for D.B. to offer Sears the opportunity to locate in
this City.
MARCH 15, 2005 PAGE 4 CITY COUNCIL
Marie Buckland felt it was wrong to have campaign speeches during Council
meetings. She said she hoped it would not happen again.
4. RESPONSE TO PUBLIC COMMENTS:
ACM/DeStefano stated that with respect to political/campaign signage the City
has codes that deal with signs and codes dealing with the election seasons
(temporary signs). The code contains standards regarding size, location and
period of
placement. There is no discussion regarding signs placed on private property and
there is no discussion about signs placed within private gate -guarded
communities. Private communities establish and enforce their own rules, and the
City takes no part in those rules, has no knowledge of them and does not enforce
any private regulations created in any private communities. He, ACM/Doyle and
CM/Lowry attended the meeting during which the three Council candidates were
informed about the sign criteria for the upcoming campaign and were provided
with the slip sheet of standards contained within the code. The City will continue
to enforce the City's regulations and remove improperly located signs.
ACM/DeStefano stated that the City of Industry owns approximately 1000 acres
behind Palo Cedro and Diamond Bar Honda continuing to Valley Blvd. Industry is
presently working with Majestic Realty to construct several million square feet of
industrial space on the flat portion of the area. The hillside portion, about 600
acres, is the area where Industry has recently processed and approved a plan to
develop additional millions of square feet of office space, industrial space, retail
space, etc. Industry does not have specific plans as to what each of the areas will
contain. D.B. submitted its initial six-page letter containing comments to Industry
in December 2003/January 2004. Industry used the information to construct an
Environmental Impact Report that it distributed for public review in mid -2004.
D.B. reviewed the document and responded with a 13 -page letter to the City of
Industry outlining in greater detail traffic impact concerns, land use compatibility
issues and concerns about items earlier mentioned by the speaker this evening.
The two documents recommended that aggressive setbacks, yard area
separations between buildings proposed near the residential property, extensive
use of trees and other natural barrier be used to help reduce visual and noise
impacts. The D.B. documents addressed other issues including odor and light
indicating specifically that lights should be directed away from residential
properties. The July document addressed traffic issues and the impact that such
a large project would have on the City and more particularly on Grand Ave. and
adjacent streets. As required by law, the City of Industry completed their EIR in
October and therein responded to the City's July comments. Most responses
from Industry were in short "thank you for your comments." Many responses
suggested Industry would incorporate the types of mitigation addressed in the
City's letters. However, they were unable to be specific because, as Industry has
maintained throughout the process, they do not know what will be developed. All
appeal periods have been exhausted, and there is no way to challenge Industry's
Environmental document. The project is moving forward. Most of the grading that
is currently apparent has to do with soils and access to the existing grazing.
Construction will likely commence within the next couple of years, but D.B. has
MARCH 15, 2005 PAGE 5 CITY COUNCIL
had no indication that it would start sooner than about one year. ACM/DeStefano
stated that all City discussions were conducted publicly through study session
and formal City County meetings. Last year the City sent a monthly community
newsletter to all residents that highlighted this project on Page 2. Staff is very
aware of community concerns and has requested that Industry work with D.B.
The project is a City of Industry document, and Industry maintains all of the land
use decision-making authority. He pointed out that during the past couple of
years Industry has done a fairly good job of constructing aesthetically pleasing
buildings on Brea Canyon Road that are enhanced by good landscaping and
good setbacks from the street. Staff is confident that Industry will provide the type
of project that would meet D.B. needs. In short, it is Industry's project; they are
the landowner and decision -maker; and they are the "developer" in this project as
it moves forward.
ACM/DeStefano stated that with respect to the K -mart property, staff and the
Economic Development Subcommittee of the City Council are very well aware of
the opportunities that are present at that property site. The Economic
Development Subcommittee comprised of Mayor Chang and C/ Zirbes has been
working with staff and the owners of the property for the past two years as K -mart
has progressed through several issues including bankruptcy. Unfortunately, D.B.
K -mart was not one of the many stores closed. The center could use significant
revitalization and intensity of development including restaurants, retail and other
land uses; Staff and the Economic Development Subcommittee has worked with
the property owner, The Charles Company, to affect such an eventuality. At this
point this store is a prime candidate for Sears new concept called "Sears
Essentials." Staff has direct access to the national real estate director for Sears.
The Sears Essential is a small version of Sears that utilizes the older 85,000
square foot Kmart buildings like the one found in D.B. and is currently being
rolled out in Chicago and will go national over the next three years. Staff is
working with the developer/property owner to determine the appropriate new
entity for the site, whether it is a new version of Kmart or a new version of Sears
Essentials. As the speaker indicated, Sears is a much stronger brand and has a
much better relationship to the D.B. customer and to the area consumer. A Sears
Essential would be a big boost to D.B. Staff and the Economic Development
Subcommittee is looking for much more; and news of future projects at the site
will be revealed when available.
MPT/O'Connor responded to a speaker that she served on the Industry -East
Task Force in the area of Hampton Court off of Washington Street. The Task
Force was able to negotiate with Industry and Majestic Realty that they would
build a berm topped with trees and landscaping to help disguise the buildings
from the homeowners. She said she could assure the homeowners on Palo
Cedro that D.B. would make sure that Majestic Realty and the developer would
install the necessary landscaping. Industry was very receptive to the concerns of
the Task Force in connection with the buildings closest to Hampton Court
because they would have trucks loading and unloading on the homeowner side.
The Task Force persuaded Industry to turn the building so that the loading dock
was situated on the opposite side of the building to the homes thereby reducing
MARCH 15, 2005 PAGE 6 CITY COUNCIL
the noise of the truck engines and the loading machinery. Industry is very
receptive to changes. D.B. expressed its concern about the placement of the
project in close proximity to Neil Armstrong School. As ACM/DeStefano stated
Industry owns the property, and all that the City can do is attempt to mitigate its
effects on D.B.
5. SCHEDULE OF FUTURE EVENTS:
5.1 ACE OUTREACH MEETING (Brea Canyon Road Grade Separation
Project) — April 6, 2005 — 6:00 — 7:30 p.m., Multi -Purpose Room, Walnut
Elementary School, 841 Glenwick Ave., Walnut.
5.2 PLANNING COMMISSION MEETING — April 12, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 NEIGHBORHOOD TRAFFIC MEETING — April 12, 2005 — Walnut
Elementary School., 841 Glenwick Ave., Walnut.
5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — April 14,
2005 — 7:00 p.m., Hearing Board Room, 21865 Copley Dr.
5.5 D.B. 16TH CITY BIRTHDAY CELEBRATION — Sunday, April 17, 2005 —
12:00 — 6:00 p.m.
5.6 CITY COUNCIL MEETING — April 19, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES
6. 1.1 Study Session of March 15, 2005 —As Submitted.
6.1.2 Regular Meeting of March 15, 2005 — As Submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MEETING MINUTES — Regular Meeting of February 10,
2005.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MEETING MINUTES — Regular Meeting of February 24, 2005.
MARCH 15, 2005 PAGE 7 CITY COUNCIL
6.4 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES
6.4.1 Regular Meeting of February 22, 2005]
6.4.2 Regular Meeting of March 8, 2005
6.5 RATIFIED CHECK REGISTER DATED APRIL 5, 2005 IN THE AMOUNT
OF $1,038,310.35.
6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of
February 2005.
6.7 REJECTED CLAIM FOR DAMAGES — Filed by Rocio Gamboa on
December 29, 2004.
6.8 RATIFIED INTERIM URGENCY ORDINANCE NO. 05(2005): ADOPTED
TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES AND ACCEPTANCE OF THE REQUIRED REPORT
REGARDING ACTIONS TAKE TO ALLEVIATE CONDITIONS WHICH
LED TO THE ADOPTION OF THE ORDINANCE.
6.9 ADOPTED RESOLUTION NO. 2005-19: ESTABLISHING SALARY
RANGES FOR ALL CITY POSITIONS AND RESCINDING RESOLUTION
NO. 2004-65 IN ITS ENTIRETY THEREBY CREATING A STREET
MAINTENANCE WORKER II POSITION, AND APPROVED PERSONNEL
MODIFICATIONS FOR COMMUNITY SERVICES DEPARTMENT AS
PRESENTED IN THE 2004/05 BUDGET DOCUMENT.
6.10 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE
FOR DESIGN ENGINEERING SERVICES FOR THE DIAMOND BAR
BOULEVARD AT MOUNTAIN LAUREL WAY AND BREA CANYON
ROAD AT SILVER BULLET DRIVE TRAFFIC SIGNAL MODIFICATION
PROJECT IN THE AMOUNT OF $6,000 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $1,000 FOR CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION
AMOUNT OF $7,000.
6.11 APPROVED COST SHARING AGREEMENT FOR THE STATE ROUTE
57/60 INTERCHANGE IMPROVEMENTS FEASIBILITY STUDY.
6.12 ADOPTED RESOLUTION NO. 2005-20: APPROVING PARTICIPATION
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE
EXECUTION OF THE 2006-2008 COOPERATION AGREEMENT
BETWEEN LOS ANGELES COUNTY AND THE CITY.
6.13 RENEWED LOS ANGELES COUNTY GENERAL SERVICES
MARCH 15, 2005 PAGE 8 CITY COUNCIL
AGREEMENT.
6.15 GRAND AVENUE BEAUTIFICATION/BETTERMENT PROJECT:
(a) AMENDED 2004/05 ANNUAL BUDGET TO APPROPRIATE
ADDITIONAL FUNDS IN THE AMOUNT OF $690,000 FOR
PHASE ONE.
(b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR PHASE ONE IN THE
AMOUNT OF $1,921,000 TO SEQUEL CONTRACTORS, INC.;
AND AUTHORIZED CONTINGENCY AMOUNT OF $279,000 FOR
CONTRACT CHANGE ORDERS TO BE APPROVED BY THE
CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF
$2,200,000.
(c) APPROVED AMENDMENT NO. 2 TO CONTRACT WITH DEWAN
LUNDIN AND ASSOCIATES IN THE AMOUNT OF $78,025 PLUS
A CONTINGENCY AMOUNT OF $11,975 FOR CHANGE ORDERS
TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $90,000.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.14 APPROVED LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS
INCLUDED IN STAFF'S REPORT.
In response to MPT/O'Connor's comment, C/Herrera provided information
regarding the by Mt. SAC Community College Boards request to oppose
the proposed expansion of the Mt. Sac Board. The request that was
brought by residents in the form of a petition within their jurisdictional area.
She agreed the matter could be continued to a later time to give staff
additional time to comment to Council questions.
SMA/McLean explained that this matter goes before the Commission
tomorrow. Mt. SAC's main concern is the increased insurance cost and
monthly stipends to the members of the board. They also stated that over
the last 59 years the five -person board has been successful and that Mt.
SAC has received several awards along the way for its performance.
M/Chang said that when he and C/Herrera received this letter it discussed
concerns of the trustee members about additional costs and the
processing of future elections. He and C/Herrera felt that if the current
system worked well it should remain in place, and he asked for City
MARCH 15, 2005 PAGE 9 CITY COUNCIL
7
Council support.
C/Herrera moved, M/Chang seconded to approve Legislative
Subcommittee Recommendations as presented. Motion carried by the
following Roll Call vote with MPT/O'Connor abstaining from voting on the
Mt. SAC recommendation.
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
PUBLIC HEARINGS: None
COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2003-60E: APPROVING CHANGES TO THE
FACILITY USE POLICY FOR THE DIAMOND BAR CENTER TO
ESTABLISH A NEW VARIANCE THAT ALLOWS FREE USE OF THE
CENTER FOR GOVERNMENTAL ORGANIZATIONS THAT PROVIDE
BENEFITS TO THE COMMUNITY OR ARE CO-SPONSORED BY THE
CITY — (continued to March 19, 2005)
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera said that she was sorry she missed the last Council meeting. She was
returning from Washington, D.C. where a large delegation from California met
with officials to lobby for additional dollars for California transportation. She met
with many legislators and many in the delegation urged the federal legislators to
consider the Alameda East Project a project of national significance because
such a designation would render it eligible for more federal dollars. The rationale
is that with the increase of goods being delivered from the ports by trucks and
trains easterly across the country, it is evident that about 60 percent of goods
received are making their way to the rest of the country. When more monies are
available for the project, it means that train tracks will be expanded. There will be
grade separations making it safer for the cars and decreasing the noise level
(less horn blowing as trains cross intersections), a reduction in regional pollution
and a reduction in truck traffic. Her returning plane was delayed, and she
encountered vehicular accidents on every freeway she traveled causing her to
arrive just as the meeting was ending. She encouraged residents to attend
tomorrow's very important Alameda East Project public meeting. C/Herrera said
she was very pleased to represent the City Council at the D.B. Little League
opening ceremonies. She was also pleased to represent the City Council before
the delegation from Longpao, China. She was sorry that the gentleman who
spoke about the Industry business park left the meeting because she wanted to
tell him that Mayor Dave Perez told her about D.B. residents visiting the Industry
MARCH 15, 2005 PAGE 10 CITY COUNCIL
City Hall to voice their concerns and that Mayor Perez responded to them that
D.B. and Industry have a good working relationship and that the two cities would
make every effort toward noteworthy mitigation. She thanked staff for providing
information regarding the upcoming election. She had a number of questions for
staff including who would serve on the absentee ballot canvassing board the day
before the election and how were those employees selected, and when "staff' is
referred to does it mean current City staff or newly employed staff. She had a
number of questions and wondered how it would best serve the community to
disperse the information such as through a public study session. She asked
CA/Jenkins to comment on the best method for getting questions answered.
CA/Jenkins felt the best method would be that all concerned individuals including
Council Members would submit their questions to CM/Lowry in writing. CM/Lowry
and the consultant City Clerk would then prepare a memorandum providing
answers to all questions and the memorandum could be made available to the
Council and to
the community. He advised caution about getting too involved in the election
process since it was a fairly straightforward ministerial process run by the City
Clerk's office. He recommended against a meeting that could be misinterpreted
to
involve a degree of inappropriate involvement by the Council.
C/Herrera said she felt there was an excellent discussion on the potential for
converting Kmart into a Sears. Economic Development is one of the City
Council's goals and also a goal of the residents. Because D.B. faces a loss of
about $800,000 in tax revenue as a result of losing major businesses, the City
needs to work very hard to generate additional sales tax dollars. She hoped that
staff would pursue discussions with Sears. She read an article today about South
EI Monte rejecting a strip club seeking permits. The attorney threatened a lawsuit
on behalf of the owner. The attorney in question goes from city to city attempting
to locate strip clubs and he has already successfully obtained a $2 million
judgment from the City of Anaheim because they refused his permits. South EI
Monte indicated that they would rather pay the fine than have a strip club in close
proximity to their schools. She hoped that D.B. could be proactive in tightening its
codes to prevent such a scenario.
C/Zirbes said that he too had read the article and was interested in the Council's
position. He also found it humorous that the proposed club was named after the
attorney. Last night the Library Task Force met and discussed options for
building a new library. He encouraged residents to participate in this very
important discussion. Under consideration is how to fulfill the dream to build a
new and beautiful facility at Summitridge Park next to the Diamond Bar Center,
what can be done in the short term to enhance the existing library, and the
services it provides to the community. He asked residents to stay informed and
participate in Council, Commission and Task Force meetings. He suggested that
M/Chang appoint a couple of Council Members to serve on the Industry East
Project Task Force and schedule town hall meetings in the affected
neighborhood close to Armstrong School. C/Zirbes thanked the Sheriff's
MARCH 15, 2005 PAGE 11 CITY COUNCIL
Department for ridding the pocket park at the south end of town of drug activities.
As a result of suspicious activities arrests were made during the past weekend.
The Sheriff's Department intends to patrol the area now that it has been identified
as a trouble spot. He also thanked the Sheriff's Department and the Fire
Department for responding to a motorcycle accident on Site D. He felt it would be
a good idea if staff and Council took a proactive approach and talked about the
possibility of a Sears Essential locating at the Kmart site instead of across the
freeway in the City of Industry.
MPT/O'Connor agreed with C/Zirbes that M/Chang schedule a town forum at
Armstrong Elementary School. She reminded Council that she had asked for
such a town forum a year ago so that residents would not be caught off guard.
She felt that if the residents could realize what the Industry East Task Force and
staff had been able to do with the Alameda East project they would feel more
secure that the City was doing everything possible to work with the City of
Industry for adequate mitigation. She reminded residents that the Diamond Bar
Community Foundation has a landslide victims' fund set up at PFF Bank at
Grand Ave and D.B. Blvd to assist flood victims and contributions are tax
deductible. MPT/O'Connor said she was honored to represent the City Council in
Sacramento for Assembly Member
Huff's first bill hearing dealing with the zip code issue plaguing D.B. She and a
resident who lives in the affected area spoke on the issue. Assembly Member
Huff notified MPT/O'Connor later that day that the bill passed out of committee on
a 6-0 vote. She said she had full confidence in staff that the vote counting for the
special
election would be done very carefully and accurately. She was pleased that staff
and candidates received an email indicating that all questions and concerns
would be addressed and materials provided upon request and candidates should
feel free to contact staff with any concerns. MPT/O'Connor pointed out that
ACM/DeStefano has been working very closely with Kmart and the property
owner to revitalize the site. She asked that tonight's meeting be adjourned in
memory of Pope John Paul II.
M/Chang said that a new library was a top priority goal for the City Council and
felt that the Task Force would bring forth a suitable funding option. He hoped that
once a decision was made that the entire City would support it. He said he would
speak with City of Industry Mayor Perez about providing adequate mitigation for
the Industry project in accordance with the D.B. document. He and C/Zirbes
understand how important the Kmart site is to the City of D.B. and the Economic
Development subcommittee is looking forward to Kmart and Sears' merging and
possibly having a Sears Essential at the Kmart site in the future. M/Chang said
that the City was finally able to reach an agreement with Target for them to locate
at Golden Springs and Grand. Construction is slated to commence this August
with completion scheduled for October 2006. He thanked ACM/DeStefano and
his staff for their tireless effort in getting Target to locate in D.B. He asked
residents to participate in the City's 16th Birthday celebration on April 17 at
Pantera Park beginning at 12:00 noon. He thanked C/Herrera and other City
Council Members for their representation at City functions.
MARCH 15, 2005 PAGE 12 CITY COUNCIL
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 9:00 p.m. in memory of Pope John Paul II.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of
2005.
WEN CHANG, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 22, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:02 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: James DeStefano, Assistant City Manager, Ann
Lungu, Associate Planner, Linda Smith, Development Services Assistant and
Stella Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 8, 2005.
C/Tye moved, C/Nolan seconded to approve the minutes of the Regular
Meeting of March 8, 2005 as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
10. OLD BUSINESS:
11. NEW BUSINESS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
None
Nolan, Tye, Tanaka, VC/Low,
Chair/McManus
None
None
MARCH 22, 2005
12. PUBLIC HEARING(S):
PAGE 2 PLANNING COMMISSION
7.2 Development Review No. 2005-09 — In accordance with Diamond Bar
Municipal Code Section 22.48 this was a second request within the same year
and when added together totaled more than 50 percent of the existing livable
square footage. This request was to construct an approximate 468 square foot
one story addition and 97 square foot covered patio at the rear and to remodel
the existing 1,380 livable square foot, one story single-family residence with a
two -car garage.
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
21602 Birch Hill Drive
(Lot 75, Tract 25987)
Diamond Bar, CA 91765
Erick and Lakesha Carpenter
21602 Birch Hill Drive
Diamond Bar, CA 91765
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-09, Findings of Fact, and conditions
of approval as listed within the resolution.
Erick Carpenter explained to Chair/McManus that the above ground pool was
removed and that the roof was replaced and the house painted. The opening in
the fence was to allow access for first phase construction and it will be closed
upon completion of construction.
Mr. Carpenter indicated to C/Nolan that he concurred with staff's report and
conditions of approval.
C/Tanaka said he visited the project this afternoon and noticed that construction
was moving forward.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this matter, Chair/McManus closed
the public hearing.
C/Nolan moved, VC/Low seconded to approve Development Review No. 2005-
09, Findings of Fact and conditions of approval as listed within the draft
resolution. Motion carried by the following Roll Call vote:
MARCH 22, 2005
PAGE 3 PLANNING COMMISSION
AYES: COMMISSIONERS: Nolan, Tanaka, Tye, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Review No. 2005-03 and Minor Conditional Use Permit
No. 2005-03 - In accordance with Code Sections 22.48.020(x)(1), 22.56 and
22.68 this was a request to construct a one-story addition of approximately 1,106
square feet of livable area to an existing one story single-family residence of
approximately 1,288 square feet of livable area plus a two -car garage. The
existing single-family residence was considered legal non -conforming due to
existing five-foot side yard setbacks. The Minor Conditional Use Permit was a
request to maintain the existing five-foot side yard setbacks for the proposed
addition instead of the required five and 10 -foot side yard setbacks.
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
2611 Crooked Creek Drive
(Tract 25990, Lot 44)
Diamond Bar, CA 91765
Mr. and Mrs. Timothy Keck
2611 Crooked Creek Drive
Diamond Bar, CA 91765
AssocP/Lungu presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-03 and Minor Conditional Use Permit
No. 2005-03, Findings of Fact, and conditions of approval as listed within the
resolution.
AssocP/Lungu responded to VC/Low that she would correct the property address
on page 2 under Item 4 (a).
AssocP/Lungu responded to C/Tye that the portable storage container in the
driveway was not related to construction. The purpose for the addition was to
provide living space for the property owner's mother and the storage space
contained items owned by the mother and AssocP/Lungu said she had been
assured by the property owner that the storage unit would be moved off site once
construction was completed and the items were moved to the inside of the new
space.
Tim Keck wanted to know if he would have to add fencing. AssocP/Lungu
responded to Mr. Keck that in accordance with the condition if the Building
Official felt that the current fencing was sufficient the property owner would not be
MARCH 22, 2005 PAGE 4 PLANNING COMMISSION
required to construct additional fencing. Mr. Keck asked if he could have a sink in
the wet bar. AssocP/Lungu said Mr. Keck could not have a kitchen related sink
but that a small sink would be permitted. Mr. Keck asked if he had to change the
kitchen can lights to fluorescent and provide bathroom fluorescent lighting as
well. AssocP/Lungu responded that according to the Building and Safety Official
and pursuant to the Code the bathrooms and kitchens needed to have
fluorescent lighting. She said she would research the matter further and advise
Mr. Keck.
Mr. Keck believed that the distance between the pool and the house was a
minimum of three feet. He understood from the planning department that the
depth of the swimming pool was the distance that the residence needed to be
from the pool. The area close to the pool is a tanning shelf and the depth at that
point is six inches deep. Therefore, is he allowed to be closer than five or six
feet? Chair/McManus explained that the Code indicates that the edge of the pool
can be only that close to the wall of the house, not including a patio or cover.
AssocP/Lungu stated that Condition (u) on Page 11 states that a pool can be
against the house. However, what matteres is the surcharge that the pool would
place on the ground between it and the addition. She believed that Building and
Safety wanted a three-foot separation between the pool and the house.
C/Nolan asked the applicant if he was willing to live within the rules of the draft
resolution if the terms and conditions imposed by the Building and Safety division
were contrary to his desires. Mr. Keck responded affirmatively and said he would
make changes accordingly.
ACM/DeStefano recommended that Condition (t) incorporate the following
language "if required by the Building Official." With respect to Condition (u)
regarding the pool the first condition is to verify the distance and the second
piece of the condition has to do with maintaining adequate distance and staff is
not certain of the distance and would recommend that the same language be
added to wit: "if required by the Building Official."
Chair/McManus opened the public hearing.
With no one present who wished to speak on this matter, Chair/McManus closed
the public hearing.
VC/Low questioned whether the City Code was up to date in requiring fluorescent
lighting. ACM/DeStefano said that staff intended to look into why the condition
was in the Code.
MARCH 22, 2005
PAGE 5 PLANNING COMMISSION
C/Nolan asked for clarification regarding the distance of the pool from the house.
ACM/DeStefano felt that the condition pertaining to this project seemed to
address the surcharge that the room addition would place on the ground adjacent
to the pool under construction.
C/Tye moved, C/Nolan seconded to approve Development Review No. 2005-03
and Minor Conditional Use Permit No. 2005-03 with the addition of condition
language as stated by ACM/DeStefano in the previous paragraph. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: Tye, Nolan, Tanaka, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.1 Development Review No. 2005-04 - In accordance with Diamond Bar Municipal
Code Section 22.48 this was a request to construct an approximate 1,436 square
foot two-story addition and 539 square foot patio cover/deck and trellis at the rear
of the existing 1,380 livable square foot, two-story, single family residence with a
two -car garage.
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
1020 Farel Avenue
(Lot 21, Tract 27264)
Diamond Bar, CA 91765
Jose and Veronica Medina
1020 Farel Avenue
Diamond Bar, CA 91765
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-04, Findings of Fact, and conditions
of approval as listed within the resolution with the following addition to Condition
(m) having to do with the fluorescent lighting in the kitchen to wit: "if required by
the Building Official."
Chair/McManus opened the public hearing.
With no one present who wished to speak on this matter, Chair/McManus closed
the public hearing.
C/Tye said he had an opportunity to visit with Mr. Medina on Sunday and learned
that Mr. Medina was also providing additional living space for his mother-in-law
MARCH 22, 2005
PAGE 6 PLANNING COMMISSION
and he appreciated that the Medina's wished to stay in Diamond Bar and improve
their home.
C/Tye moved, VC/Low seconded to approve Development Review No. 2005-04,
Findings of Fact, and conditions of approval as listed within the draft resolution
and amended by staff. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Tanaka,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
VC/Low said that through her travels she has noticed a number of very
unique and different pieces of public art in Brea that she felt contributed to the
overall desirability and livability of the community. She asked if the General Plan
provided for developing art either structurally or otherwise. If not, was it possible
to move such an idea through the system wherein the City could require a
commercial project to include it as a part of the development standard to
enhance the aesthetic quality of the City. She wondered if the residential builders
could be instructed to set aside a portion of their building fund to provide art or to
provide for something in the City parks. ACM/DeStefano responded that as a
member of the Brea Community Development staff several years ago a system
of percentage for art was devised and based upon the size and value of the
project a percent for art was set aside. Diamond Bar was asked to take a look at
providing public art about 10 years ago and it was set aside. The issue has not
been raised since but certainly could be brought forward to the City. VC/Low said
she was raising the issue because she felt it would enhance Diamond Bar.
ACM/DeStefano believed there was a brief statement within the General Plan
that addressed consideration of an art in public places program. VC/Low asked
that if there was consensus that the idea be incorporated into the current
projects. C/Nolan suggested that the idea could be incorporated in the builder's
requirement to provide park space. He said he would be discussing this matter as
an agenda item in the near future. Chair/McManus said that he too would like to
pursue the matter. C/Tanaka agreed.
10. STAFF COMMENTS AND INFORMATIONAL ITEMS:
ACM/DeStefano reported that the Target project was moving through plan check
and would most likely come before the Commission late April/early May with
Target commencing construction in July and opening slated for July 2006. The
Brookfield project was scheduled to commence construction late summer/early
MARCH 22, 2005 PAGE 7 PLANNING COMMISSION
fall and the Commission would likely review that project around May/June. The
Country Hills Towne Center project was proposed to commence construction by
the end of 2005 with the new grocery store slated to open for the 2006 Chinese
New Year. ACM/DeStefano responded to C/Nolan that the owner is a distributor
— J&A Importers. He said he understood that they would branch out into the retail
grocery business and that this would be their first retail store.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:42 p.m.
Respectfully Submitted,
James DeStefano
Assistant City Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.3
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check 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 909-839-7010 to receive a FAXed copy or to pick one up in
person.
We apologize for the inconvenience.
Agenda # 6.4
Meeting Date: April 19, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE:
Award of contract for auditing services for Fiscal Years 2004-2005 to 2006-2007, with the option to
renew for an additional two years.
RECOMMENDATION:
Approve a contract for auditing services to Diehl, Evans, and Company, L.L.P. for FY04-05 ($23,420),
FY05-06 ($24,125), FY06-07, with the option to renew for an additional two years.
FINANCIAL IMPACT:
Each year funds are included in the general fund adopted budget for auditing services. There is
currently a balance of $7,200 to cover any costs that will be incurred this fiscal year as a result of the
interim field work. FY05-06 Budget will include a line item to cover the balance of the cost as well as
a portion of the following year's cost.
BACKGROUND:
Each year the City is required to have an independent audit of its financial records performed. It has
been the practice to go out for bid on these services at least every five years.
DISCUSSION:
The City's contract for independent auditors with Conrad and Associates, L.L.P. ended with the FY03-
04 audit and completion of the Comprehensive Annual Financial Report. As a result it was necessary
to send out a request for proposal for auditing services. The request for proposal was sent out to
seven highly qualified accounting firms who have as a focus governmental accounting and have
expressed an interest in the City of Diamond Bar. The City received five responses to the RFP. An
ad hoc City Council Audit Subcommittee was formed to assist in the review of the proposals.
The following is the summary of the proposed fees provided by each of the participating firms:
FY07-08 ' FY08-09
Firm Name FY04-05 Bid FY05-06 Bid FY06-07 Bid Option Option
Conrad and Assoc., L.L.P.
$24,200
$24,200
$24,!
Diehl, Evans, and Company
$23,420
$24,125
$24,!
Moss, Levy & Hartzheim
$19,980
$19,980
$19,!
Rogers, Anderson, Malody & Scott
$20,525
$21,125
$21,1
Vavrinek, Trine, Day & Co.
$26,000 1
$26,805
$27,1
100
$25,700
$26,500
165
$25,840 $26,745
180
$20,380
$20,790
450
$22,290
$22,735
400
$28,430
$29,280
All of the firms were qualified and appeared to be able to perform the necessary tasks. Although
Diehl, Evans and Company, L.L. P. was not necessarily the lowest bidder, the pros and cons of each
firm were discussed and the recommendation by the committee is to award a contract to them.
PREPARED BY:
Linda Magnuson
REVIEWED BY:
Department Head
Attachments: Professional Services Agreement
Deputy City Manager
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this 19th day of April 2005, between the City of Diamond
Bar, a Municipal Corporation (hereinafter referred to as "CITY") and
Diehl, Evans and Company, L.L.P. (hereinafter referred to as "AUDITORS").
A. Recitals.
(i) CITY has heretofore issued its Request for Proposal ("RFP") pertaining to the
performance of professional services with respect to financial and compliance auditing services
(hereinafter referred to as "auditing services") and by this reference made a part hereof.
(ii) AUDITORS have now submitted their proposal for the performance of such services, a
full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part
hereof.
(iii) AUDITORS have also submitted their separate cost bid for the performance of such
services, a full, true and correct copy of which is attached hereto as Exhibit "B" and by this reference
made a part hereof.
(iv) CITY desires to retain AUDITORS to perform auditing services necessary to render
advice and assistance to CITY, CITY's City Council and staff.
(v) AUDITORS represent that they are qualified to perform such services and are willing to
perform such auditing services as hereinafter defined.
NOW, THEREFORE, it is agreed by and between CITY and AUDITORS as follows:
B. Agreement.
1. Definitions: The following definitions shall apply to the following terms, except where
the context of this Agreement otherwise requires:
(a) Auditing Services: The performance of auditing services described in the RFP,
but not limited to the preparation of reports and documents, the presentation,
both oral and in writing, of such reports, and documents to the City as required
and attendance at any and all work sessions, public hearings and other meetings
conducted by CITY with respect to the auditing services.
(b) Scope of Auditing Services: The scope of the auditing services is included in the
Agreement by reference to the RFP and Diehl, Evans and Company, L.L.P.
proposal.
(c) Completion of Audit Services: The date of completion of all phases of the
auditing services, including any and all procedures, documents, reports, and
meetings is included in Exhibit "A". Time limits set for the may be extended upon
approval of the CITY.
(d) Cost: The cost of auditing services is included by reference in Exhibit "B", which
includes a fixed fee for each component section of the annual audit and hourly
rates for additional work.
(e) Term of Engagement : The basic term of this engagement shall be for the years
ended 2005, 2006, and 2007. City and Auditiors may mutually agree to extend
the agreement to fiscal years ended June 30, 2008 and 2009 if cost to the CITY
does not exceed the 3.5% modification listed in the proposal._
2. AUDITORS agree as follows:
(a) AUDITORS shall forthwith undertake and complete the audit in accordance with
Exhibit "A" hereto and all in accordance with Federal, State and CITY statues,
regulations, ordinances and guidelines, and professional standards, all to the
reasonable satisfaction of CITY.
(b) AUDITORS shall supply copies of all reports, plans and documents (hereinafter
collectively referred to as "reports") Copies of the documents shall be in such
numbers as are required CITY.
(c) AUDITORS shall, at AUDITORS' sole cost and expense, secure and hire such
other persons as may in the opinion of AUDITORS, be necessary to comply with
the terms of this Agreement. In the event any such other persons are retained by
AUDITORS, AUDITORS hereby warrants that such persons shall be fully
qualified to perform services required hereunder. AUDITORS further agree that
no subcontractor shall be retained by AUDITORS except upon the prior written
approval of CITY.
3. CITY agrees as follows:
(a) To pay AUDITORS a fixed fee, based on reference to the hourly rates set forth in
Exhibit "B", for the performance of the services required hereunder. This sum
shall cover the cost of all staff time and all other direct and indirect costs or fees,
including the work of employees, consultants and subcontractors to AUDITORS.
Payment to AUDITORS, by CITY, shall be made in accordance with the schedule
set forth below.
(b) Payments to AUDITORS shall be made by CITY in accordance with the invoices
submitted by AUDITORS, on a monthly basis, and such invoices shall be paid
within a reasonable time after said invoices are received by CITY. All charges
shall be in accordance with AUDITORS' proposal either with respect to hourly
rates or lump sum amounts for individual tasks. In no event, however, will said
invoices exceed 95% of individual task totals described in Exhibit "A".
(c) AUDITORS agree that, in no event, shall CITY be required to pay to AUDITORS
any sum in excess of 95% of the maximum payable hereunder prior to receipt by
CITY of all final reports, as described herein acceptable in form and content to
CITY. Final payment shall be made not later than 60 days after presentation of
final documents and acceptance thereof by CITY.
(d) Additional services: Payments for additional services requested, in writing, by
CITY, and not included in AUDITORS' proposal as set forth in Exhibit "A" hereof,
shall be paid on a reimbursement basis in accordance with the fee schedule set
forth in said Exhibit "B". Charges for additional services shall be invoiced on a
monthly basis and shall be paid by CITY within a reasonable time after said
invoices are received by CITY.
4. CITY agrees to provide to AUDITORS:
(a) Information and assistance as set forth in RFP and Exhibit "A" hereto.
(b) Photographically reproducible copies of records, reports, and other information, if
available, which AUDITORS consider necessary in order to complete the Project.
(c) Such information as is generally available from CITY files applicable to the
engagement.
(d) Assistance, if necessary, in obtaining information from other governmental
agencies and/or private parties. However, it shall be AUDITORS' responsibility
to make all initial contact with respect to the gathering of such information.
5. Ownership of Documents: All documents, data, studies, surveys, copies and reports
other than working papers obtained and/or prepared by AUDITORS pursuant to this
Agreement shall be considered the property of CITY and, upon payment for services
performed by AUDITORS, such reports and other identified materials shall be delivered
to CITY by AUDITORS. AUDITORS may, however, make and retain such copies of
said documents and materials as AUDITORS may desire. Working papers shall be
maintained for a minimum of three years and made available to CITY for review upon
written, reasonable request by CITY or other governmental agencies furnishing federal
funding to the CITY.
6. Termination: This Agreement may be terminated by CITY upon the giving of a written
"Notice of Termination" to AUDITORS at least thirty (30) days prior to the date of
termination specified in said Notice. In the event this Agreement is so terminated,
AUDITORS shall be compensated at AUDITORS' applicable hourly rates as set forth in
Exhibit "B", on a pro -rata basis with respect to the percentage of the Engagement
completed as of the date of termination. In no event, however, shall AUDITORS receive
more than the maximum specified in paragraph 3(a), above. AUDITORS shall provide to
CITY any and all documents, data, studies, surveys, and reports other than working
papers, whether in draft or final form, prepared by AUDITORS as of the date of
termination. AUDITORS may not terminate this Agreement except for cause.
Notices and Designated Representatives: Any and all notices, demands, invoices and written
communications between the parties hereto shall be addressed as set forth in this
paragraph 7. The below named individuals, furthermore, shall be those persons
primarily responsible for the performance by the parties under this Agreement:
City Manager Robert J. Callanan, Partner
City of Diamond Bar Diehl, Evans and Company, L.L.P.
21825 Copley Dr., 2121 Alton Parkway, Suite 100
Diamond Bar, CA 91765-4177 Irvine, CA 92606-4906
Any change in this designation shall be made known to AUDITORS by written notice.
AUDITORS shall assign Robert J. Callanan as the "Engagement Partner" and Nitin
Patel as the "Concurring Review Partner" for services provided under this Agreement.
Any change in this designation shall be made know to CITY by written notice.
Any such notices, demands, invoices and written communications, by mail, shall be
deemed to have been received by the addressee forty-eight (48) hours after deposit
thereof in the United States mail, postage prepaid and properly addressed as set forth
above.
8. Insurance: AUDITORS shall neither commence work under this Agreement until it has
obtained all insurance required hereunder in a company or companies acceptable to
CITY nor shall AUDITORS allow any subcontractor to commence work on a subcontract
until all insurance required of the subcontractor has been obtained. AUDITORS shall
take out and maintain at all time during the term of this Agreement the following policies
of insurance:
(a) Workers' Compensation Insurance: Before beginning work, AUDITORS shall
furnish to CITY a certificate of insurance as proof that it has taken out full
workers' compensation insurance for all persons whom it may employ directly or
through subcontractors in carrying out the work specified herein, in accordance
with the laws of the State of California.
In accordance with the provisions of California Labor Code Section 3700, every
employer shall secure the payment of compensation to his employees.
AUDITORS prior to commencing work, shall sign and file with CITY a certification
as follows:
"I am aware of the provisions of Section 3700 of Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self insurance in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of the work of this
Agreement"
(b) Public Liability and Property Damage: Throughout the term of this Agreement, at
AUDITORS' sole cost and expense, AUDITORS shall keep, or cause to be kept,
in full force and effect, for the mutual benefit of CITY and AUDITORS,
comprehensive, broad form, general public liability and automobile insurance
against claims and liabilities for personal injury, death, or property damage arising
from AUDITORS' activities, providing protection of at least One Million Dollars
($1,000,000.00) for property damage, bodily injury or death to any one person or
for any one accident or occurrence and at least One Million Dollars
($1,000,000.00) aggregate.
(c) Errors and Omissions: AUDITORS shall take out and maintain at all times during
the life of this Agreements a policy or policies of insurance concerning errors and
omissions ("malpractice") providing protection of at least One Million Dollars
($1,000,000) for errors and omissions with respect to loss arising from actions of
AUDITORS performing audit services hereunder on behalf of CITY.
(d) General Insurance Requirements: All insurance required by express provision of
this Agreement shall be carried only in responsible insurance companies licensed
to do business in the State of California and policies required under paragraphs
8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers,
employees, agents and representatives. All policies shall contain language, to
the effect that: (1) the insurer waives the right of subrogation against CITY and
CITY's elected officials, officers, employees, agents and representatives; (2) the
policies are primary and noncontributing with any insurance that may be carried
by CITY; and (3) they cannot be canceled or materially changed except after
thirty (30) days' notice by the insurer to CITY by certified mail. AUDITORS shall
furnish CITY with copies of all such policies promptly upon receipt of them, or
certificate evidencing the insurance. AUDITORS may effect for its own account
insurance not required under this Agreement.
9. Indemnification: AUDITORS shall defend, indemnify and save harmless CITY, its
elected and appointed officials, officers, agents and employees, from all liability from
loss, damage or injury to persons or property, including the payment by AUDITORS of
any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or
omissions of AUDITORS pursuant to this Agreement, including, but not limited to, all
consequential damages, to the maximum extent permitted by law.
10. Assignment: No assignment of this Agreement or of any part or obligation of
performance hereunder shall be made, either in whole or in part, by AUDITORS without
the prior written consent of CITY.
11. Independent Contractor: The parties hereto agree that AUDITORS and its employees,
officers and agents are independent contractors under this Agreement and shall not be
construed for any purpose to be employees of CITY.
12. Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of the State of California.
13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or
provision of the Agreement, the prevailing party in said legal proceeding shall be entitled
to recover attorneys' fees and costs from the opposing party in an amount determined
by the court to be reasonable.
14. Entire Agreement: This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties with respect to the subject matter herein. Each
party to this Agreement acknowledges that no representation by any party which is not
embodied herein nor any other agreement, statement, or promise not contained in this
Agreement shall be valid and binding. Any modification of this Agreement shall be
effective only if it is in writing signed by all parties.
TO FORM:
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first set forth above:
City Attorney
AUDITORS
Robert J. Callanan, Partner
Diehl, Evans and Company. L.L.P. APPROVED AS
CITY OF DIAMOND BAR
Linda C. Lowry, City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #: 6.5
Meeting Date: April 19, 2005
AGENDA REPORT
TITLE: Amend Personnel Rules and Regulations adopted January 16, 1990 to facilitate in-house
promotions and reduce recruitment expense.
RECOMMENDATION:
It is recommended that the City Council amend the Personnel Rules and Regulations in order to
permit the City Manager to have the option to offer in-house promotions when appropriate to qualified
employees without the exercise of an outside recruitment process.
FINANCIAL IMPACT:
The 2004/05 fiscal year budget allocates $15,000 for any special legal services required to update the
Municipal Code and the Personnel Rules and Regulations. Other costs are absorbed within the
Finance Department/ Human Resources staff budget. The outcome of implementing this change will
be to reduce the advertising and processing expense of performing outside recruitments when
qualified candidates exist in-house.
BACKGROUND:
One of the administrative goals of the City this year has been to update the Personnel Section of the
Municipal Code as well as the City's Personnel Rules and Regulations to comply with current legal
requirements and to meet best business practices. Ordinance No. 3 (2005) was adopted by the City
Council on March 1, 2005 to address the Code changes. Comprehensive revisions to the Personnel
Rules and Regulations are still undergoing staff review and will be presented to the City Council for
consideration and adoption at a future meeting. However, the City would be best served to
immediately amend the "promotional" process defined in the existing Personnel Rules and
Regulations in order to deal with current promotional opportunities in an efficient and fair manner.
DISCUSSION:
Staff is recommending that an immediate revision be made to the Personnel Rules and Regulations
to allow greater flexibility in promoting City employees to positions for which they qualify. Currently,
the Personnel Rules and Regulations stipulate that open competitive examinations must be
conducted if 1.) fewer than three (3) City employees qualify for and are interested in a vacant position
and 2.) that promotional examinations may only be conducted for intermediate and senior level
positions.
In other words, qualified City employees cannot be promoted without an outside recruitment being
completed if less than three qualified City employees apply for an opening. With more than six
separate disciplines functioning within the City organization comprised of only 40 -some employees, it
is unlikely that that three employees (the required number of employees to avoid an outside
recruitment) would be qualified and interested in most intermediate or senior levels positions. The
added expense in terms of dollars spent as well as waste of time and effort to complete an "open
competitive examination" or outside recruitment would not be acceptable in a normal business
environment. Making a public job opening accessible to the public is appropriate; however, by
eliminating the requirement to conduct an expensive recruitment process when qualified City
employees are available within the organization saves costs, improves efficiency of process, and
encourages staff morale.
Staff is recommending eliminating those "Rules and Reg's" provisions by adopting new language in
Rule 5, Section 3 of the Personnel Rules and Regulations. Having the flexibility to fill vacancies by
qualified and interested candidates who, through their ongoing employment with the City, have
demonstrated competencies in their field, and eliminating the currently required open recruitment is
cost effective, expedient, and promotes growth and development in the workforce.
The proposed change can be implemented by amending the Personnel Rules and Regulations
adopted January 16, 1990 to permit the City Manager to have the option to offer in-house promotions
when appropriate to qualified employees without the exercise of an outside recruitment process. The
entire Rules and Regulations are attached with the change indicated on page 13.
PREPARED BY:
Kim Crews
Senior Management Analyst
Attachment: Personnel Rules and Regulations with eliminated language delineated by strikeouts
(page 13) and additional language in highlighted text.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #6.6
Meeting Date: 04.19.05
AGENDA REPORT
TITLE: APPROVAL OF APPROPRIATION OF $10,711 FOR FY 2004/05 BUDGET FOR
UNANTICIPATED CLEAN UP AND PROTECTION OF SLOPES DAMAGED DUE TO
HEAVY RAIN STORMS IN JANUARY 2005.
Recommendation: Approve.
BACKGROUND: During the heavy rain storms in January, slopes in the area of the Diamond Bar
Center and on Gold Rush east of Diamond Bar Blvd. sloughed and the resulting mud flow had to be
cleaned up. At the Diamond Bar Center, mud from the slough blocked a bench drain that provides
drainage to the slope. The mud had to be cleared from the bench drain to prevent additional
damage to the slope. The slough areas were then covered with plastic and secured with sandbags to
protect the slopes from further erosion. Cost to clean up and place the plastic and sandbags at the
Diamond Bar Center was $9,836. The slough at the Gold Rush area caused mud to flow into the
street and onto the sidewalk. The area was cleaned up and the slough area covered with plastic and
secured with sandbags and wooden stakes. The cost to complete the work in the Gold Rush area was
$875.
Total cost for the two areas was $10,711. This work was unanticipated and funds are not currently
included in the budget. If the appropriation of $10,711 is approved by the City Council, the funds will
come from General Fund Reserves and be appropriated into the 2004/05 FY Budget. Diamond Bar is
included in the disaster area declared by the Governor and the President, which makes as much as
90% of the $10,711 eligible for reimbursement by OES and FEMA.
DISCUSSION: Now that the rainy season is over, staff will have the two damaged areas inspected
by a geotechnical engineer to determine plans to repair the slopes. Trees, shrubs and ground cover,
as well as the irrigation system at the Diamond Bar Center have been damaged. Staff plans to include
the estimated repair costs for the two damaged areas in the proposed 2005/06 FY Budget and pursue
disaster reimbursement.
Bob Rose James DeStefano
Director of Community Services Assistant City Manager
Agenda # 6.7(a)
Meeting Date. _04/19/05
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF $184,924.50 PLUS
10% CONTINGENCY AMOUNT OF $18,492.50 FOR TOTAL AUTHORIZATION OF
$203,417 TO 4 -CON ENGINEERING, INC. FOR CONSTRUCTION OF PHASE II ADA
IMPROVEMENTS AT SYCAMORE CANYON PARK, PLUS APPROVAL OF RE-
ALLOCATION OF $13,863 OF CDBG FUNDS AND $116,322 OF PROPOSITION 40
FUNDS TO FULLY FUND THIS PROJECT.
RECOMMENDATION:
Award contract and approve re -allocation.
FINANCIAL IMPACT:
Current funding for this project in the adopted 2004/05 FY Budget:
CDBG
General Fund
Total Current Funding:
Estimated Cost of Project:
Re -allocation Needed
Construction Contractor
Construction Contingency (10%)
Duplication of Plans and Specs
Plan Check
Construction Observation/Insbection
Total Estimated Cost:
Total Estimated Cost
Total Current Funding
Total Re -allocation Needed:
$75,000
$10,000
$85,000
$184,924.50
$18,492.50
$268.00
$1,500.00
$10,000.00
$215,185.00
$215,185
85,000
$130,185
Recommended Additional CDBG Funds (Must be spent by 6/30/05) $13,863
Re -allocation Sources: Proposition 40 Funds (From Summit Ridge Prom) $116,322
Total Re -allocation: $130,185
The City has a total of $413,327 in Proposition 40 Funds available from the State of California.
$233,184 in Prop 40 Funds have already been allocated to other projects, leaving $180,143 available
for project allocation. The City also has $13,863 of CDBG funds available for project allocation. In
order to fully fund the Sycamore Canyon Park ADA Phase II Improvement Project, staff recommends
that the City Council allocate $13,863 of CDBG funds and $116,322 of Prop 40 Funds.
BACKGROUND:
The City released plans and specifications to receive bids for the construction of ADA Improvements
at Sycamore Canyon Park in March, 2005. Proposals were received from two contractors that were
publicly opened on April 12, 2005 at Diamond Bar City Hall. Bids ranged from a low of $184,924.50 to
a high of $218,188. The responsive low bidder is 4 -Con Engineering, Inc. The contractor's license
has been checked with the State of California and the license is active and clear. References have
been checked and 4 -Con Engineering, Inc. is qualified to complete the work required of this contract.
DISCUSSION:
The improvements that will be constructed in Sycamore Canyon Park are:
♦ Eight additional parking spaces.
♦ ADA accessible picnic shelter.
♦ ADA accessible picnic tables and barbecues.
♦ Repairs to existing wood pedestrian bridge.
♦ Improved drainage from access road to creek.
♦ ADA accessible walkway between existing two wood bridges.
Construction of this project should start by the end of April and be complete by the end of June or
early July, depending on the delivery date of the picnic shelter by the manufacturer.
REVIEWED BY:
Bob Rose
Director of Community Services
Attachments:
1. Bid Results
2. Agreement
REVIEWED BY:
James DeStefano
Assistant City Manager
Agenda # 6.7(b)
Meeting Date: 4/19/05
CITY COUNCIL\ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AUTHORIZATION FOR D&J MUNICIPAL SERVICES TO PERFORM INSPECTION
AND PLAN CHECK SERVICES FOR THE SYCAMORE CANYON PARK ADA
PHASE II IMPROVEMENT PROJECT IN THE NOT—TO-EXCEED AMOUNT OF
$7,500.
RECOMMENDATION:
Authorize plan check and inspection services.
FINANCIAL IMPACT:
There are sufficient funds in the 2004/05 FY budget for these expenses.
DISCUSSION:
The City currently contracts with D&J Municipal Services to provide inspection and plan check
services for the City of Diamond Bar. These services are necessary to complete the Sycamore
Canyon Park ADA Phase II Improvement Project. Attached is the proposal from D&J Municipal
Services outlining the services they will provide and the associated costs. Cost Summary is as
follows:
Attachment:
REVIEWED BY:
Plan Check $1,500
Construction Inspection Services 6,000
Total $7,500
Proposal from D&J Municipal Services
Bob Rose
Community Services Director
James DeStefano
Assistant City Manager
D&J Consultants to Public Agencies
• BUILDING ADMINISTRATION • PLAN REVIEW • INSPECTION
April 14, 2005
Mr. Bob Rose
Director, Community Services
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
Re: Proposal to provide Plan Check and Inspection Services for Sycamore Canyon Park Phase II Improvement
Project
Dear Mr. Rose:
Per your requests, D&J Engineering is pleased to submit this letter of proposal to provide plan check and inspection
services for the Sycamore Canyon Park Phase II Improvement Project located at the City of Diamond Bar.
D&J Engineering proposes the following scope of Plan Check services:
1. Provide initial plan check of submitted plans to determine compliance with City adopted Model Codes, regulations
and procedures, Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical
Code, Uniform Fire Code, California State Building Code, Title 24 (Energy Conservation and Handicapped Access
Regulations), Sound Transmission Control, and locally adopted amendments thereof.
2. Analyze structural engineering computations ensuring compliance with the jurisdiction's structural provisions.
3. Maintain a timely turnaround for all building plan check projects as follows:
First Check - Ten (10) workdays
Second Check - Seven (7) workdays
4. Provide the City, a complete correction list to achieve compliance of adopted codes and regulations.
5. Plan Examiners and Engineers shall be available to meet with City staff and Architect of record in the City offices as
needed.
D&J Engineering proposes the following scope of Inspection Services:
Provide field inspection of construction to verify work is in conformance with the approved plans and
specifications.
Interpret the approved plans and to assure the field changes (due to soils conditions, and topography) meet
approved standard construction methods. Changes requiring extra work and change orders will be brought to the
attention of the City Project Manager for review and approval.
3. Review progress payment requests before approval by the City.
Proposal to provide Plan check and inspection services for the Sycamore Canyon Park Phase II Improvement Project,
Page 2
4. Prepare project punch list for items needed to be completed by the contractor before acceptance of the work.
Provide the Project Manager Daily Inspection Update. In addition, keep Project Manager apprised of any site
construction concerns.
Attend meetings when needed with designer and contractor.
FEE SCHEDULE
The total not to exceed estimate fee is based on the estimated time required to complete each task as shown. Should
additional time is required, the City will be notified and additional compensation will be requested at the time and
material rates shown on the attached schedule of hourly billing rates:
Field inspection:
Total Inspection Fees $ 6,000.00
Plan Check:
Total Plan Check Fees $ 1,500.00
Should you have any questions regarding this proposal, please call me at (909) 839-7021.
Very truly yours,
Dennis A. Tarango
Dennis A. Tarango, C.B.O.
President
Incorporated as: D & J Municipal Services Inc.
Offices at 21680 Gateway Center Drive, Suite 110, Diamond Bar, CA 91765
1530 Chapala Street, Santa Barbara, CA 93101
Tel: 1-877-396-6984. Fax: 909-396-7634
Agenda # 6.8
Meeting Date: 4/19/05
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVAL FOR CITY OF DIAMOND BAR MEMBERSHIP TO THE NATIONAL
LEAGUE OF CITIES AND APPROPRIATION OF $2,864 FOR PAYMENT OF DUES
FOR ONE YEAR
RECOMMENDATION: Approve membership and appropriate funds.
FINANCIAL IMPACT: Membership dues for one year are $2,864. If approved by the City
Council, appropriation of $2,864 will come from General Fund reserves and be entered into 2004/05
FY Budget in the General Government Division.
BACKGROUND/DISCUSSION: The City of Diamond Bar is currently a member of the League of
California Cities. Cities that hold state membership are also eligible for membership in the National
League of Cities. Staff believes the City will benefit from membership in this national organization.
Staff and Council have regularly attended the annual National League of Cities conference in
Washington D.C. and have participated in League activities and surveys. Diamond Bar's continued
focus on transportation funding, resolution of the zip code issue, and CDBG continuation makes
membership a valuable resource to the city.
Attachment: Membership Application to the National League of Cities
Agenda # 7.1
Meeting Date: April 19, 2005
CITY COUNCIL AGENDA REPORT
\gw
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AN ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING ORDINANCE
NO. 05 (2005) WHICH ESTABLISHED A MORATORIUM PROHIBITING
THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES
AND DECLARING THE URGENCY THEREOF.
RECOMMENDATION: Adopt Ordinance No. 5A (2005).
BACKGROUND/ANALYSIS:
On March 15, 2005, the City Council approved Interim Urgency Ordinance No. 5 (2005) that
instituted a 45 -day moratorium on the establishment of medical marijuana dispensaries in the
City of Diamond Bar. At the April 5, 2005 City Council meeting, an update report was
presented to the Council; and the Council ratified the adoption of the Interim Urgency
Ordinance.
The voters adopted the Compassionate Use Act in 1996 to insure that seriously ill
Californians have the right to obtain and use marijuana for medical purposes. It also gives
patients the right to designate someone as the primary caregiver to obtain, cultivate or
otherwise provide marijuana for medical purposes without criminal prosecution or sanctions.
This provision of the Act allows a primary caregiver to obtain, possess, cultivate, transport
and distribute vast amounts of marijuana without restrictions.
Staff's research has indicated that in numerous cities caregivers have used the provisions of
the Compassionate Use Act to establish medical marijuana dispensaries at fixed locations.
Many cities have established an urgency ordinance prohibiting medical marijuana
dispensaries while the matter is being researched. Several cities have established an
ordinance that provides operational standards for this use. Some cities do prohibit them. All
cities researched have observed adverse impacts in and around these facilities such as
loitering around the dispensaries, armed burglaries within dispensaries, street criminals
robbing patients for drugs, patients selling to non -patients, businesses located near
dispensaries shutting down, smoking marijuana in public around dispensaries and in nearby
parks, DUI by people who obtain marijuana at dispensaries, increase in the number of people
coming from out of town to obtain recommendations and marijuana, increased vehicle and
pedestrian traffic and locating near sensitive land uses and residentially zoned properties, just
to name a few. The Los Angeles County Sheriff Department/Walnut Station
deputies that serve Diamond Bar have verified that the potential impacts associated with this
use are also possible in Diamond Bar.
Government Code Section 65858 authorizes Council to extend the Urgency Ordinance for 10
months and 15 days for a total of one year at a noticed public hearing. Extending the
ordinance will:
• Continue to prevent an individual or business from establishing a medical marijuana
dispensary within the City;
• Continue to prevent the cultivation of marijuana within the City;
• Prevent having one or more medical marijuana dispensaries open and later claim a
legally existing but nonconforming use;
• Prevent a medical marijuana dispensary from opening in the City without complying
with regulations proposed to be adopted for the health, safety and welfare of the
community;
• Allow staff time to further consider and study impacts and issues related to this land
use and craft an ordinance appropriate for Diamond Bar; and
• Allow additional time for Planning Commission and City Council consideration.
NOTICE OF PUBLIC HEARING:
Notice for this activity was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on April 7, 2005. Pursuant to Planning and Zoning Law Government Code Section
65091 (a) (3), if the number of property owners to whom a public hearing notice would be
mailed is greater than 1000, a local agency may provide notice by placing a display
advertisement 1/8 page in one newspaper of general circulation. The City placed a 1/8 page
display in the above-mentioned newspapers of general circulation.
PREPARED BY:
Ann J. Lungu, Associate Planner
REVIEWED BY:
Nancy Fong, Planning Manager James DeStefano, Assistant City Manager
Attachment:
1. Ordinance No. 5A (2005); and
2. Interim Ordinance No. 05 (2005) adopted March 15, 2005
2
ORDINANCE NO. (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING ORDINANCE NO. 05
(2005) WHICH ESTABLISHED A MORATORIUM PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND
DECLARING THE URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Moratorium Extended. Ordinance No. 05 (2005), adopted March 15, 2005, is
hereby extended for 10 months and 15 days.
SECTION 2. Penalties. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in
County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each
and every day such a violation exists shall constitute a separate and distinct violation of this
Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a
public nuisance and shall be subject to abatement as provided by all applicable provisions of
law.
SECTION 3. Severability. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this Ordinance,
including the application of such part of provision to other persons or circumstances, shall not
be affected and shall continue in full force and effect. To this end, the provisions of this
Ordinance are severable.
SECTION 4. Purpose and Findings; Urgency. Currently medical marijuana
dispensaries are not considered a permitted use of property in any zoning district under the
City's zoning ordinance. In other cities, issues and concerns have occurred related to the
establishment of medical marijuana dispensaries in close proximity to residentially zoned
properties and sensitive uses such as day care centers and schools. Furthermore, there
have been negative impacts on nearby businesses, an increase in loitering around the
dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and
parking and traffic violations. As a result, City staff believes that it is necessary to formulate
regulations, consistent with State law, governing the location and operation of medical
marijuana dispensaries in order to protect residents and businesses from harmful secondary
effects of these establishments. Due to the recent proliferation of such establishments in
other cities, and because time will be required to prepare and adopt those regulations, this
Ordinance is intended to extend an interim moratorium on the establishment of any medical
marijuana dispensaries as of the date of adoption hereof, until new regulations are prepared
and adopted by the City Council. Based on the foregoing and the immediate threat to the
public health, safety and welfare that dispensaries pose, this Ordinance is necessary to
alleviate and address that threat until permanent zoning regulations can be established. This
ordinance is adopted pursuant to California Government Code Section 65858 and shall take
effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance
shall be in full force and effect for a period of 10 months and 15 days from the date of its
adoption unless extended by the City Council in accordance with the provisions of California
Government Code Section 65858.
SECTION 5. Conflicting Laws. For the term of this Ordinance, or any extension
3
thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any
other City code, ordinance, resolution or policy.
SECTION 6. California Environmental Quality Act Finding. Pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3), the City
has determined that this activity is categorically exempt.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2005.
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar
held on the 19th day of April, 2005 and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the 19th day of April, 2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
4
Linda C. Lowry, City Clerk,
City of Diamond Bar
Agenda # _8.1
Meeting Date:
4/19/05
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Adoption of Resolution No. 2003-60e ApprovlNG CHANGES TO THE FACILITY
Use Policy For The Diamond Bar Center TO ESTABLISH A NEW VARIANCE THAT
ALLOWS FREE USE OF THE CENTER FOR GOVERNMENTAL ORGANIZATIONS
THAT PROVIDE BENEFITS TO THE COMMUNITY OR ARE CO-SPONSORED BY
THE CITY AS STATED IN AN ADOPTED RESOLUTION OF THE CITY COUNCIL;
AND A LOTTERY SYSTEM FOR INSTANCES THAT TWO OR MORE PARTIES
ARRIVE AT THE SAME TIME TO RESERVE THE SAME DATE, TIME AND ROOM
AT THE CENTER
RECOMMENDATION
FINANCIAL IMPACT:
Adopt Resolution.
None.
BACKGROUND: Over the past few weeks, staff has received several requests from governmental
organizations seeking free use of the Diamond Bar Center for meetings that are open to the public.
Having these meetings in Diamond Bar serves the public interest by having public presentations on
issues of local interest that are convenient for Diamond Bar residents to attend. Current facility use
policies require governmental organizations, except the City of Diamond Bar, to pay a fee for the use
of the Diamond Bar Center. Approval of this Resolution will allow staff to waive fees if staff determines
there is a public benefit resulting from the use by a governmental organization. This Resolution will
also provide to City Council the opportunity to waive fees for use by governmental organizations by
adopting a resolution. Governmental organization is defined as:
1. County of Los Angeles agencies and elected officials.
2. State of California departments and elected officials.
3. Federal agencies, departments and elected officials.
Staff is also seeking approval from the City Council for a method to determine which party has the
first opportunity to reserve an available date when two or more parties that have the same priority
arrive at the same time to reserve the same date, time and room at the center. Staff has developed a
"Lottery" system that seems to ensure fair allocation of the facility in this instance.
DISCUSSION: Staff recommends the following changes to the Facility Use Policy:
Section V, APPLICATION PROCEDURES, addition of Number 6, (on Page 6):
Section IX, VARIANCES, addition of Number 1.vii, (on Page 20):
Approval of this Resolution will allow staff to use a lottery system to determine the first party to serve
when two or more parties that have the same priority arrive at the same time to reserve the same
date, time and room at the center. It also allows staff to waive fees if staff determines there is a public
benefit resulting from the use by a governmental organization. This Resolution will also provide to the
City Council the opportunity to waive fees for use by governmental organizations by adopting a
resolution. Governmental organization is defined as:
1. County of Los Angeles agencies and elected officials.
2. State of California departments and elected officials.
3. Federal agencies, departments and elected officials.
Attachments:
REVIEWED BY:
Resolution No. 2003-60E
Facility Use Policy for the Diamond Bar Center
Bob Rose
Director of Community Services
James DeStefano
Assistant City Manager
RESOLUTION NO. 2003-60E
A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
DIAMOND BAR RESCINDING RESOLUTION NO. 2003-60D AND REVISING 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. 2003-60D on November 2, 2004 revising policies and
fees for the use of the Diamond Bar Center;
(ii) Staff has been utilizing the revised policies and fees to schedule reserved use since their adoption
on November 2, 2004;
(iii) Staff believes that the change listed in Exhibit A will result in a more efficient and effective
operation of the Diamond Bar Center;
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar
That:
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. 2003-60D is hereby rescinded.
PASSED, APPROVED AND ADOPTED this _ day of 2005.
WEN CHANG
Mayor
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
Diamond Bar held on this day of 2005, 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
Draft for City Council Meeting on April 19, 2005
Resolution No. 2003-60E
Facility Use Information
909.839.7070
City of Diamond Bar
Table of Contents
Section
Topic
13
I.
DESCRIPTION OF FACILITY
3
II.
PURPOSE OF THE USE POLICY
3
III.
DEFINITION OF TERMS
4
IV.
GROUP PRIORITY RATING
4
V.
APPLICATION PROCEDURES
5
VI.
ROOMS AVAILABLE FOR USE
8
1.
Banquet Room Use
8
2.
Sycamore, Oak, Willow, Pine and Maple Room Use
10
(Meeting Rooms and Senior Room)
3.
Kitchen Facilities Use
12
VII.
LIABILITY AND INSURANCE
13
VIII.
GENERAL OPERATING REGULATIONS
15
IX.
VARIANCES
19
X.
FACILITY USE FEE SCHEDULE
21
XI.
EQUIPMENT RENTAL FEE SCHEDULE
24
XII.
TENANT USERS INSURANCE INFORMATION
25
Page
City of Diamond Bar
Diamond Bar Center
Facility Use Policy
I. DESCRIPTION OF FACILITY
The City of Diamond Bar Diamond 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: 100
c. Willow Room —Computer Room; 10 computer stations
d. Pine Room — Senior Room, dining capacity: 66; theater capacity: 120
e. Oak Room — Dance/exercise, hardwood floors, theater capacity: 210 (No dining in Oak Room)
f. Maple Room — Craft Room, dining capacity: 32; theater capacity: 60
II. PURPOSE OF THE USE POLICY
The purpose of this Use Policy is to assure that the Center is operated in a manner that best serves the residents
of the City of Diamond Bar. It is intended to ensure that the use of the facility is granted in a fair and equitable
manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering
services of interest and need to the community. Fees charged for the use of the facility are intended to recoup
on-going maintenance and operation costs of the facility. City facilities are not to be used for personal and/or
private gain.
III. DEFINITION OF TERMS
"Center Director" means the administrative head of the 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 confirmed reservation to use the Diamond
Bar Center pursuant to the terms of this Use Policy.
4. "Applicant" means an individual or group, which submits a completed City of Diamond Bar Facility
Use Application and required deposit to use the Diamond Bar Center pursuant to the terms of this
Use Policy. The date requested by the applicant will be held as long as the requirements and
deadlines of the Facility Use Policy as met.
5. "Confirmed Reservation" means a reservation issued by the City upon approval of a Facility Use
Application for use of the facility or some portion thereof by an applicant, after all requirements of
the Facility Use Policy are met.
6. "Inquiry" means when an individual or representative of a group seeks information about available
dates for possible use by that individual or group. An available date can not be held for possible use
by making an inquiry.
7. "Soft Reservation" means when an individual or representative of a group makes an appointment
with staff to submit a written application, to sign the contract and to pay the required deposit for a
specific room, date and time. The date for possible use will be held from the time the appointment to
meet with staff is made until the meeting date and time. The meeting with staff shall occur within
seven (7) calendar days of setting the appointment, or else the soft reservation will be forfeited.
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 sponsored by the City of Diamond Bar.
B. GROUP B- Activities conducted by the City recognized Senior citizen membership
rou s.
C. GROUP C:
i. C-1- Activities conducted by Governmental agencies n� other than the City of
Diamond Bar, which provide some service to the Diamond Bar community (e.g.
County of Los Angeles agencies and elected officials; State of California
departments and elected officials; Federal agencies, departments and elected
officials; etc.)
ii. C-2- Activities conducted by the two local school districts, Pomona Unified
School District and Walnut Valley Unified School District.
iii. C-3- 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 Articles of Incorporation
indicating status as a Diamond Bar based non-profit (for example: 501(C)(3))
organization shall be submitted as a condition of an organization receiving
classification in this group.
D. GROUP D: Private events conducted by Diamond 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.)
2. Priority for use of the facility will be in alphabetical sequence, with Group A applicants
receiving the highest priority and Group E applicants the lowest priority.
V. APPLICATION PROCEDURES
1. An individual or representative of a group may inquire about the availability of a specific room, date
and time as well as rental rates by telephone or in-person at the Center during regular business hours.
An available date can not be held for possible use by making an inquiry.
2. An individual or representative of a group can hold a date for possible use by making an
appointment with staff to submit a written application, to sign the contract and to pay the required
deposit for a specific room, date and time. The date for possible use will be held from the time the
appointment with staff is made until the appointment date and time. The meeting with staff shall
occur within seven (7) calendar days of setting the appointment, or else the held date (soft
reservation) shall be forfeited.
3. 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.
4. 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.
5. Reservations may be made no earlier than:
Group A: no limit.
Group B: Up to six (6) months in advance for subsidized and/or discounted use, fifteen
(15) months in advance when not subsidized or discounted. Staff will schedule senior
facility use 15 months in advance. Scheduling of actual user will be done 6 months in
advance during meeting with Group B users that submitted facility use requests.
Groups C-1, C-2 and C-3: Up to fifteen (15) months in advance.
Group D: Up to fifteen (15) months in advance.
Group E: Up to twelve (12) months in advance.
G'1
7. Hours of operation are limited to Sunday through Thursday 7:30am — 11:OOpm and Friday and
Saturday 7:30am - 12:00 midnight. A one (1) hour clean up is mandatory at the end of each event
for Grand Ballroom use. Requests for alternate hours require special written approval and may be
subject to additional fees.
8. Weekends are defined as beginning at 5:00 pm on Friday and ending at 11:00 pm on Sunday. Any
reserved time that falls between this period of time shall be considered a weekend and will be
charged weekend rate. Use on New Year's Eve shall be charged weekend rates and shall require
minimum use of 2/3 Grand Ballroom.
9. Observed Holidays — Thanksgiving Day, Christmas Eve, Christmas Day and New Years Day — No
use shall be scheduled on observed holidays without Center Director's approval.
10. Upon approval of an application, 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.
11. 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.
12. Use will be approved based on availability in accordance with priority rankings. In the event that a
higher priority user submits a written application for the same room, date and time during the soft
reservation period, then the higher priority user will have seven (7) calendar days to sign the contract
and pay the required deposit to bump the soft reservation of a lower priority user.
Use may be denied and the application rejected for the following reasons:
A. That the Center is physically incapable of accommodating the proposed activity by
reason of the nature of the activity or the number of people estimated to be in attendance.
B. That the user has failed to demonstrate its ability to provide adequate security to assure
that the event is conducted in a safe manner.
C. That the applicant has failed to agree to comply with all of the conditions of this Use
Policy or those set forth in the facility use permit.
D. That the activity is likely to cause physical damage to the Center or its equipment.
E. That conditions for the issuance of a facility use permit have not been fulfilled.
F. That any law or regulation is violated by an intended use.
G. That another event is already scheduled on the requested date.
H. That the applicant previously used the facility and failed to comply with applicable
rules or conditions, or due to damage or lack of cleaning, did not receive all of its
cleaning deposit back.
I. That the applicant has twice before cancelled a scheduled event in the facility without
prior notice.
13. 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.
14. The City reserves the right to cancel a permit issued for any event or activity for its convenience. In
the event of such a cancellation, notice shall be given as far in advance as possible and a full refund
will be made. Every effort will be made to find a suitable alternative facility if cancellation by the
City is necessary.
VI. ROOMS AVAILABLE FOR USE
Banquet Room Use
A. Reservation Procedures for Banquet Room Use
i. All potential users shall complete an Application a minimum of 30 days prior to
the event.
ii. Reservations made less than 30 days in advance of the event will be accepted only
if the facility and required staffing elements are readily available. Additional fees
may be required from service providers when limited advance notice is provided.
All applicable fees must be paid at time of submittal of City of Diamond Bar
Facility Use Application. Fees paid are subject to cancellation policy.
iii. No reservation shall be confirmed until appropriate fees, deposits, permits/
licenses, and insurance are obtained and paid.
iv. Fees for reservations made within 30 days of the event must be paid by credit
card, cashier's check or cash.
V. Weekend use of Banquet Room requires a minimum five (5) 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
i. 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
i. Groups D and E reserving the banquet room 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.
c. Weekend reservations cancelled 29 days or less prior to the event will receive
no refund of the rental fees and a full refund of the cleaning deposit.
d. Weekday reservations cancelled 30 days or more prior to the event will receive
a refund of fees minus $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. Groups C-1, C-2 and C-3 reserving the banquet room 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 (Senior Groups)
i. Senior use of banquet room at no cost is limited to weekdays. Room may be
reserved up to six months in advance.
ii. Each City -recognized senior organization may reserve one use of banquet room
per week.
iii. Banquet room may be used only when expected attendance exceeds 115 people
for banquet style and 200 people for auditorium style seating.
iv. Weekend use of Banquet Room 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 six (6) months 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 approval from the Center Director.
Discounted weekend use of Banquet Room by senior groups is limited to one time
per calendar year.
E. Recurring Banquet Room Use by Group C Organizations
i. All Group C organizations are allowed two 2 uses of the banquet room per
calendar year. These uses apply Monday -Friday (before 5:00 pm on Friday) only
and the group shall pay $20 per hour of use plus cleaning deposit.
ii. The allocated uses 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 needed prior to and/or
following the event will be charged at the prevailing rental rate.
iii. After the two (2) allocated uses in the same 12 month period, Group C users in
this classification will be charged prevailing weekday rates.
iv. Weekend use requires full payment according to the approved rental rate for this
classification.
F. Refunds of Security and Cleaning Deposits
i. Security and cleaning deposits shall be refunded if proper cleanup is completed
and no breakage or damage has occurred. This determination will be made by the
Center staff.
ii. The user shall be required to pay the full cost of breakage or damage (over and
above the deposited funds), regardless of the amount. If damage occurs and it is
less than the deposit, the difference shall be refunded.
iii. Refunds will be mailed two (2) to four (4) weeks after the event.
2. 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
i. All potential users shall complete an Application a minimum of 30 days prior to
the event.
ii. Reservations made less than 30 days in advance of the event will be accepted only
if the facility and required staffing elements are readily available. Additional fees
may be required from service providers when limited advance notice is provided.
All applicable fees must be paid at time of submittal of City of Diamond Bar
Facility Use Application. Fees paid are subject to cancellation policy.
iii. No reservation shall be confirmed until appropriate fees, deposits, permits/
licenses, and insurance are obtained and paid.
iv. 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.
V. Pine Room (senior room) can be reserved only two (2) months in advance.
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.
ii. Rental fees less than $500 require a minimum deposit of half of the amount of the
rental fee payable with an approved application. The remaining balance is due 30
days prior to the event.
C. Cancellation of Sycamore, Oak, Willow, Pine and Maple Room use
i. Groups D 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 cancelled 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. All Group C organizations 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.
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 Pine Room (Senior Room) by Group B Organizations (Senior Groups)
i. Senior use of senior room is available seven (7) days per week, during regular
operating hours of facility. Room may be reserved up to six months in advance.
ii. Each City -recognized senior organization may reserve two uses of senior room
per week.
iii. When senior room is not scheduled for senior use, use may be offered to other
users, per meeting room policies.
F. Recurring Use of Meeting Rooms by Group C Organizations
i. Group C 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.
ii. After the allocated uses, Group C users in this classification will be charged
prevailing weekday and weekend rates plus applicable operation fees.
iii. The allocated uses 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 needed prior to and/or
following the event will be charged at the prevailing rental rate.
3. Kitchen Facilities Use
A. Reservation Procedures for Kitchen Facilities Use
i. The kitchen is divided into two sections:
a. General Use Section
b. Catering Kitchen
ii. The General Use Section is available at no cost to all users scheduled at the
Diamond Bar Center on a first come, first served basis. Use shall be coordinated
between the users to best meet the needs of all users. Equipment available
includes coffee maker (user provides coffee/service), ice machine, sink, and
refrigerator (items must be removed after each scheduled use).
iii. The Catering Kitchen is available only to users scheduled for a catered event at
the Diamond Bar Center. Use of the Catering Kitchen must be requested on the
same Application that is submitted for room use. Fee for use of Catering Kitchen
is stated on the fee schedule. Equipment available includes refrigerator/freezer
(items must be removed after each scheduled use), microwave oven, convection
oven, warming top, hot food service unit, warming ovens (2), and a sink.
B. Kitchen Use Policies:
i. Only licensed caterers may provide food service for events scheduled at this
facility.
ii. The kitchen is designed for food warming and serving. NO COOKING IS
ALLOWED IN THIS FACILITY.
iii. Storage for Priority Groups A, B & C that are recurring users may be available on
a first-come, first-served basis, for a period not to exceed six months. After six
months, if demand exceeds supply, storage space will be allocated through
random drawing.
VII. LIABILITY AND INSURANCE
All users of the facility shall procure and maintain, at their own expense and for the duration of
the event covered, comprehensive general liability and property damage liability insurance,
against all claims for injuries against persons or damages to property which may arise from or in
connection with the use of the facility by the user, its agents, representatives or employees in the
amount of one million dollars ($1,000,000.00), combined single limit. (If alcohol is to be served,
insurance coverage stall include coverage for serving alcohol beverages).
2. All of user's insurance shall:
A. Name the City of Diamond Bar, its employees, officials, agents, (collectively hereinafter
"City and City personnel") as additional or co-insured on an endorsement.
B. Contain no special limitations on the scope of protection afforded to City and City
personnel.
C. Be the primary insurance and any insurance or self-insurance maintained by City or City
personnel shall be in excess of the user's insurance and shall not contribute with it.
D. Shall be "date of occurrence" rather than "claims made" insurance.
E. Shall apply separately to each insured against the limits of the insurer's liability
F. Shall be written by insurance companies qualified to do business in California and rated
"A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or
in the Federal Register, and only if they are of a financial category Class 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.
3. Certificate of Insurance -- The City of Diamond Bar requires the following information on all
certificates and/or additional insured endorsements:
A. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of
Diamond Bar, its officials, employees, and agents."
B. Additional insured endorsements must accompany the Certificate of Insurance and
indicate policy number, date, name of insurance company and name of "insured".
C. Certificate must be an original. No copies will be accepted.
D. The Certificate of Insurance must be filed with the 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).
3. 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.
4. 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.
5. The insurance requirements set forth above are inapplicable when planned attendance is less than
25 people and the event consists of a meeting utilizing facility tables and chairs only and no
alcohol is to be served.
VIII. GENERAL OPERATING REGULATIONS
The Use and Service of Alcohol - The use of alcohol in the Center is exclusively by written
permission in advance and must comply with applicable law and the provisions of this Use
Policy. Failure to comply with any regulations will result in immediate revocation of the
permission to use alcohol and termination of the event. Additional regulations and specifications
may be required in the facility use permit for any event.
A. "Alcohol use" refers to any beverage that contains any amount of alcohol.
B. 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. Hazard II & III events with alcohol are required to have additional security,
as determined by the Center Director.
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 representative, who,
as a condition of signing the use permit for the facility agree to indemnify the City for
any such injuries.
E. Permission to serve alcohol shall not be granted for any event where the majority (50%
plus one) of guests in attendance will be under the age of 21.
F. Alcohol may neither be served nor sold prior to the scheduled start of the event nor until
the approved security officer(s) arrive(s) at the Center unless the requirement for security
has been waived all together.
G. Alcohol may not be served nor consumed outside of the room approved for use. Serving
or consuming alcohol on patios adjoining the room approved for use is permitted.
H. Alcohol may not be served nor consumed in the parking lot without obtaining a special
alcohol permit approved by the Director of Community Services.
I. License Requirements (when alcohol is to be sold).
i. 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 illegalprivate party to sell
alcohol on their own.
J. 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. 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.
M. Security service must be present through the clean up hour.
2. Supervision by Center Staff is necessary for the public's safety and well-being. Center staff
shall be responsible for and have complete authority over the facility being used, all equipment,
participants, and activities. The staff shall have authority to request changes in activities or
cessation of activities. Users must comply with these requests and instructions. Staff shall be
responsible for enforcement of all policies, rules, and regulations. The Center Staff shall have
the authority to deny or terminate the use of the facility if a determination is made by Center
Staff that the use does not conform to the requirements of Center use policies and regulations
and/or may cause damage to the facility. The City reserves the right to require security
whenever it deems it appropriate.
3. Tobacco use of any kind or smoking is not permitted in the Diamond Bar Center. Smoking is
permitted in designated outdoor areas only.
4. Incense, fog, or smoke use is not permitted in the Diamond Bar Center. 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.
5. 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 VII. 3. User of facility must pay a $1,000 cleaning/property
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 must approve request in writing for the animal to be permitted.
6. Illegal Activities shall not be permitted. All groups and individuals using the Center shall
comply with City, County, State, and Federal laws. Fighting, gambling and lewd conduct are
prohibited.
7. Removal of Equipment from the building is prohibited without permission of Center Director.
Moving, rearranging, or altering equipment for purposes other than its intended use is also
prohibited. City equipment shall not be removed from the facility.
Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately
following activity. The Center reserves the right to remove any remaining items from the
premises and have them stored at the owner's expense. If such equipment or supplies are not
claimed within two (2) weeks after notice to the applicant/user, the Center reserves the right to
dispose of such material in any manner it deems appropriate and retain any proceeds received
from such disposal. Any cost to the City, including but not limited to administrative costs,
incurred to dispose of the unclaimed property in excess of the revenue received from such
disposal shall be billed to the user with payment due and payable in thirty (30) days.
9. 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, ovens, 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 food or beverages that cause permanent stains to the facility are
allowed. Food 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 may be required to
have security guards present during the event and cleanup.
17. Revocation for Violation - Reservations may be cancelled at any time by the Center Director if
there has been a violation of applicable rules or conditions of the facility use permit.
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 21 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 Department 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:
i. Hours of use beyond closing times stated in this document.
ii. Relief from cancellation fees when facility is then used by an alternate party that
pays fees similar to or more than the cancelled event (for the same date and
approximate time as the cancelled event). If variance is granted, a $5.00 refund
processing fee will be deducted from refund amount.
iii. Use of the parking lot for any purpose other than parking the cars of facility users
in marked stalls.
iv. Additional recurring Weekday use by priority Group C organizations and/or
subsidized/discounted weekend use by priority Group B organizations.
V. Additional set-up time for any use by priority Group B or C organizations.
Organization will be charged actual costs borne by the City, if any. Such use
shall not interfere with any other scheduled use of facility, and must receive
prior approval from the Center Director.
vi. Large events that involve the use of multiple rooms and/or spaces not normally
scheduled for use and uses that may result in parking of event attendees in areas
beyond the boundary of the Diamond Bar Center parking lot, or events not
covered in this Use Policy.
Requests for waiver or discount of fees will not be accepted nor considered
2. Variance Request Procedures:
i. Variances must be requested in writing at the time of submission of the
Facility Use Application. The request must set forth the unusual
circumstances that justify a deviation from the ordinary rules.
ii. Variances will be granted only upon a finding that: 1) the circumstances
presented are unusual and not likely to recur often; 2) the grant of the
variance will not set a precedent; and 3) the variance will not be detrimental
to the public health, safety or welfare, or disruptive to other events
occurring in the facility at the same time, or to the immediately surrounding
neighborhood. The request for a variance will be acted upon at the time the
application is approved.
iii. In the event a variance is granted, the applicant will pay any supplemental
fee necessary to compensate the City for additional costs associated with the
variance. Denial of a variance may be appealed within ten days to the City
Manager. The City Manager's decision will be final.
Group C-1, C -•fit O%MFMV"id@ntal Agencies,
Local School Districts 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 after
the first 5 hours
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 after
the first 5 hours
Grand View Ballroom
$45/hr
$100
(Divided 1/3)
Banquet Room
$27hr
$100
divided 1 /5
Pine Room Senior
$45/hr
$90/hr
$100
Sycamore Room with
$45/hr
$90/hr
$100
Patio
Oak Room
$45/hr
$90/hr
$100
Willow Room
$45/hr
$90/hr
$100
(Computer)
Maple Room
$25/hr
$50/hr
$100
Groups A: City of Diamond Bar Sponsored Activities
Group B: City recognized Senior membership groups
Group A: No fees
Group B: No fees for regular weekday use
*Renta
Entire
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 after
the first 5 hours
Grand View Ballroom
$100/hr*
$200/hr*
$350
(divided 2/3)
5 Hr minimum
$100/hr for each
additional hour after
the first 5 hours
Grand View Ballroom
$50/hr
$100
divided 1/3)
Banquet Room
$30/hr
$100
(divided 1/5)
Pine Room Senior
$50/hr $100/hr
$100
Sycamore Room with
$50/hr $100/hr
$100
Patio
Oak Room
$50/hr $100/hr
$100
Willow Room
$50/hr $100/hr
$100
(Computer)
Maple Room
$27/hr $55/hr
$100
Catering Kitchen
$50/event
$100
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.
1 of
Grand
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.
Group E: Non Residents and All Businesses
Room
Weekday Rates
Weekend Rates
Cleaning Deposit
Grand View Ballroom
$200/hr*
$400/hr*
$500
5 Hr minimum
$200/hr for each
additional hour after
the first 5 hours
Grand View Ballroom
$135/hr*
$270/hr*
$350
(divided 2/3)
5 Hr minimum
$135/hr for each
additional hour after
the first 5 hours
Grand View Ballroom
$55/hr
$100
(divided 1/3)
Banquet Room
$35/hr
$100
divided 1/5
Pine Room Senior
$55/hr
$110/hr
$100
Sycamore Room with
$55/hr
$110/hr
$100
Patio
Oak Room
$55/hr
$110/hr
$100
Willow Room
$55/hr
$110/hr
$100
(Computer)
Maple Room
$30/hr
$60/hr
$100
Catering Kitchen
$50/event
$100
ental 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 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.
a
*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 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.
XI. — Equipment Rental Fee Schedule: Groups C, D and E
Equipment
Rental Fee
Portable Bar
$25 each
Keyboard
$50
Karaoke Machine
$20
Compact Disc Player
$20
TVNCR/DVD
$20
Coffee Pot 55 cu
$20
Coffee Pot (100 cup)
$40
AV Projector
$20
Overhead Projector
$20
Microphone cordless
$20
Dance Floor — 500 sq. ft. thru 1000 sq. 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. (Also requires an additional $200 cleaning deposit with use).
XII. -- Tenant/User Insurance Coverage
Information and Fees
♦ This section is provided to those who do not have their own insurance that
meets the requirements of the Diamond Bar Center Facility Use Policies.
♦ If the applicant is unable to provide adequate insurance, the City of
Diamond Bar, for a fee, makes available the Tenant/User insurance
coverage described in the following five pages.
How to use this section:
1. Locate the type of activity you plan to conduct on Hazard Schedules I, II, or III.
2. Determine the number of people you expect at your activity. For multiple day activities, estimate the
total attendance for all the days the activity will take place. Multiple day events are limited to five
consecutive days, unless additional days are approved by the insurance provider.
3. The estimated premium amount corresponds with the Hazard Class I, II or III for your total
estimated attendance (page 26).
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 26.
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.
ORDINANCE NO. (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING ORDINANCE NO.
05 (2005) WHICH ESTABLISHED A MORATORIUM PROHIBITING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND
DECLARING THE URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. Moratorium Extended. Ordinance No. 05 (2005), adopted March
15, 2005, is hereby extended for 10 months and 15 days.
SECTION 2. Penalties. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by
imprisonment in County jail for not to exceed six (6) months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a separate
and distinct violation of this Ordinance. In addition to the foregoing, any violation of this
Ordinance shall constitute a public nuisance and shall be subject to abatement as
provided by all applicable provisions of law.
SECTION 3. Severability. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this
Ordinance, including the application of such part of provision to other persons or
circumstances, shall not be affected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
SECTION 4. Purpose and Findings; Urgency. Currently medical marijuana
dispensaries are not considered a permitted use of property in any zoning district under
the City's zoning ordinance. In other cities, issues and concerns have occurred related
to the establishment of medical marijuana dispensaries in close proximity to residentially
zoned properties and sensitive uses such as day care centers and schools.
Furthermore, there have been negative impacts on nearby businesses, an increase in
loitering around the dispensaries, armed burglary within dispensaries, pedestrian and
vehicle traffic, noise and parking and traffic violations. As a result, City staff believes
that it is necessary to formulate regulations, consistent with State law, governing the
location and operation of medical marijuana dispensaries in order to protect residents
and businesses from harmful secondary effects of these establishments. Due to the
recent proliferation of such establishments in other cities, and because time will be
required to prepare and adopt those regulations, this Ordinance is intended to extend an
interim moratorium on the establishment of any medical marijuana dispensaries as of
the date of adoption hereof, until new regulations are prepared and adopted by the City
Council. Based on the foregoing and the immediate threat to the public health, safety
and welfare that dispensaries pose, this Ordinance is necessary to alleviate and
address that threat until permanent zoning regulations can be established. This
ordinance is adopted pursuant to California Government Code Section 65858 and shall
Page 2 of 2
take effect immediately upon adoption by a four-fifths vote of the City Council. This
ordinance shall be in full force and effect for a period of 10 months and 15 days from the
date of its adoption unless extended by the City Council in accordance with the
provisions of California Government Code Section 65858.
SECTION 5. Conflicting Laws. For the term of this Ordinance, or any extension
thereof, the provisions of this Ordinance shall govern over any conflicting provisions of
any other City code, ordinance, resolution or policy.
SECTION 6. California Environmental Quality Act Finding. Pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3), the
City has determined that this activity is categorically exempt.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2005.
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 19th day of April, 2005 and was finally passed at a regular
meeting of the City Council of the City of Diamond Bar held on the 19th day of April,
2005 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
Agenda No. RDA 3.1
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE BOARD OF DIRECTORS
DECEMBER 7, 2004
1. CALL TO ORDER: Chairman Chang called the Redevelopment Agency
meeting to order at 8:38 p.m. in the SCAQMD/Government Center Auditorium,
21825 Copley Dr., D.B.
2
91
Il
ROLL CALL: Agency Members Herrera, O'Connor, VC/Zirbes and
Chair/Chang
Also Present Were: Linda Lowry, Executive Director; Mike Jenkins,
Agency Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy
City Manager and Acting City Clerk; David Liu, Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; and, April
Blakey, Public Information Manager.
PUBLIC COMMENTS: None offered.
CONSENT CALENDAR:
VC/Zirbes moved, AM/Herrera seconded to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS: Herrera, O'Connor, VC/Zirbes,
Chair/Chang
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
3.1 APPROVED MINUTES — Regular Meeting of April 20, 2004.
REDEVELOPMENT AGENCY REORGANIZATION
4.1 SELECTION OF CHAIR
AM/Herrera nominated Bob Zirbes.
There were no other nominations offered. Bob Zirbes was unanimously
elected to serve as Chairman of the Redevelopment Agency by the
following Roll Call vote:
AYES: Agency Members — Herrera, O'Connor, VC/Zirbes,
C/Chang
NOES: None
ABSENT: None
DECEMBER 7, 2004 PAGE 2 REDEVELOPMENT AGENCY
4.3 PRESENTATION TO OUTGOING CHAIR, WEN CHANG.
Chair/Zirbes congratulated outgoing Chairperson Chang. AM/Chang
pointed out that if the City had the program in place the library would have
been built. This program is so important and he was sorry that community
members had not recognized its value to the City. In spite of that this
Council had a firm commitment to press forward.
4.2 ELECTION OF VICE CHAIR
Chair/Zirbes opened nominations for Vice Chair.
AM/Chang nominated AM/O'Connor.
There were no other nominations offered. AM/O'Connor was unanimously
elected Vice Chairperson of the Redevelopment Agency by the following
Roll Call vote:
AYES: AGENCY MEMBERS: Chang, Herrera, O'Connor,
Chair/Zirbes
6. AGENCY MEMBER COMMENTS: None Offered.
ADJOURNMENT: With no further business to conduct, Chair/Zirbes adjourned
the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority
Meeting at 8:45 p.m.
LINDA LOWRY, Agency Clerk
The foregoing minutes are hereby approved this day of '2005.
ATTEST:
BOB ZIRBES, Chairman
Agenda No. PFA 3.1
DIAMOND BAR PUBLIC FINANCING AUTHORITY
ANNUAL MEETING
DECEMBER 7, 2004
1. CALL TO ORDER: Chairperson O'Connor called the meeting to
order at 8:45 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21825 Copley Dr., D.B.
ROLL CALL: Authority Members Chang, Zirbes,
VC/Herrera and Chair/O'Connor.
Staff present: Linda Lowry, Executive Director; Michael
Jenkins, Authority Attorney; James DeStefano, Deputy City Manager; David
Doyle, Deputy City Manager and Acting Agency Clerk; Bob Rose, Community
Services Director; David Liu, Public Works Director; Linda Magnuson, Finance
Director; and April Blakey, Public Information Manager.
2. PUBLIC COMMENTS: None Offered.
3. CONSENT CALENDAR:
AM/Zirbes moved, AM/Chang seconded, to approve the Consent Calendar as
presented. Without objection, the motion was so ordered.
3.1 APPROVED MINUTES —Annual Meeting of April 20, 2004.
4. PUBLIC FINANCE AUTHORITY REORGANIZATION:
4.1 Selection of Chair:
Chair/O'Connor nominated VC/Herrera. There were no other nominations
offered. By acclamation, VC/Herrera was elected to serve as Chairperson
of the Diamond Bar Public Financing Authority.
4.2 Selection of Vice Chair:
AM/Zirbes nominated AM/Chang. There were no other nominations
offered. By acclamation, AM/Chang was elected to serve as Vice
Chairperson of the Diamond Bar Public Financing Authority.
5. AUTHORITY MEMBER COMMENTS: None Offered.
6. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no
further business to conduct, Chair/Herrera adjourned the Public Financing
Authority meeting at 8:47 p.m. back to the Regular City Council meeting.
LINDA C. LOWRY, Agency Clerk
DECEMBER 7, 2004 PAGE 2 PUBLIC FINANCE AUTHORITY
The foregoing minutes are hereby approved this
ATTEST:
CAROL HERRERA, Chair
day of
, 2005.
AUTHORITY
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # PFA3.2
Meeting Date: April 19, 2005
AGENDA REPORT
TITLE: Public Financing Authority Treasurer's Statement for April 1, 2004 through March 31, 2005
RECOMMENDATION:
Approve the April 1, 2004 through March 31, 2005, Treasurer's Statement.
FINANCIAL IMPACT:
None
BACKGROUND:
Although the Public Financing Authority's funds have been incorporated into the City's monthly
Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval.
This statement shows the cash balances for the various funds, with a breakdown of investment
account balances and the effective yield earned from investments.
It should be noted that all the funds in the Construction Fund with the exception of the interest
earnings have been used for the construction of the Diamond Bar Center and the funds remaining in
the Lease Payment Fund are being used to pay the bond principal and interest as the payments
become due.
PREPARED BY:
Susan Full, Senior Accountant
REVIEVED BY:
Finance Director Assistant City Manager
Attachments:
Treasurer's Statement —April 1, 2004 through March 31, 2005