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HomeMy WebLinkAbout4/5/2005THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 5, 2005 Next Resolution No. 2005-19 Next Ordinance No. 06(2005) CLOSED SESSION: 5:30 p.m. Room CC -8 Public Comments on Closed Session Agenda Government Code Section Conference with Real Property Negotiators: Section 54956.8 (1 case) Property Negotiations: Address: Portion of Lot 1, Tract No. 1479, Lot 61, Tract No. 42557 Agency Negotiator: City Manager Negotiating Party: D & L Properties, Inc. Under Negotiation: Price and Terms of Payment STUDY SESSION: 6:00 p.m., Room CC -8 Financing Options for Constructing a New Library Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1. Proclaiming April 29, 2005 as Arbor Day. 1.2 Proclaiming April, 2005 as Child Abuse Prevention Month. APRIL 5, 2005 PAGE 2 CITY COUNCIL 1.3 Proclaiming April, 2005 Sexual Assault Awareness Month. 1.4 Proclaiming April 10-16, 2005 as "Victims' Rights Week. 1.5 Proclaiming April 10 — 16, 2005 as "National Library Week." 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 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. APRIL 5, 2005 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of March 15, 2005 - Approve as submitted. 6.1.2 Regular Meeting of March 15, 2005 — Approve as submitted. 6.2 Traffic and Transportation Commission Minutes — February 10, 2005 - Receive and file. 6.3 Parks and Recreation Commission Minutes — February 24, 2005 - Receive and file. 6.4 Planning Commission Minutes: 6.4.1 Regular Meeting of February 22, 2005 — Receive and File. 6.4.2 Regular Meeting of March 8, 2005 — Receive and File 6.5 Ratification of Check Register — Ratify Check Register dated April 5, 2005 in the amount of $1,038,310.35. 6.6 Treasurer's Statement - month of February, 2005 — Review and approve. 6.7 Reject Claim for Damages — Filed by Rocio Gamboa on December 29, 2004. Recommended Action: Reject. Requested by: City Clerk's Division 6.8 Ratification of Interim Urgency Ordinance No. 05(2005): Adopted to Prohibit the Establishment of Medical Marijuana Dispensaries and Acceptance of the Required Report Regarding Actions Taken to Alleviate Conditions which Led to the Adoption of the Ordinance. Recommended Action: Adopt. Requested by: Planning Division 6.9 Adopt Resolution No. 2005 -XX: 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 Approve Personnel Modifications for Community Services Department. Recommended Action: Adopt. APRIL 5, 2005 PAGE 4 CITY COUNCIL Requested by: City Manager 6.10 Approve Contract Amendment with Warren C. Siecke for Design Engineering Services for the Diamond Bar Blvd. at Mountain Laurel Way and Brea Canyon Rd., at Silver Bullet Dr. Traffic Signal Modifications Project in the Amount of $6,000 and Authorize a Contingency Amount of $1,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $7,000. Recommended Action: Approve contract amendment and total authorization amount. Requested by: Public Works Division 6.11 Approval of Cost Sharing Agreement for the State Route 57/60 Interchange Improvements Feasibility Study. Recommended Action: Approve Agreement. Requested by: Public Works Division 6.12 Adopt Resolution No. 2005 -XX: Approving Participation in the Los Angeles Urban Country Community Development Block Grant (CDBG) Program and the Execution of the 2006-2008 Cooperation Agreement between Los Angeles County and the City. Recommended Action: Adopt and execute. Requested by: Community Development Division 6.13 Renewal of Los Angeles County General Services Agreement. Recommended Action: Renew General Services Agreement. Requested by: City Manager 6.14 Approval of Legislative Subcommittee Recommendations. Recommended Action: Approve proposed responses. Requested by: Legislative Subcommittee 6.15 Grand Avenue Beautification/Betterment Project: (a) Amend 2004/05 Annual Budget to Appropriate Additional Funds in the Amount of $690,000 for Phase One. APRIL 5, 2005 PAGE 5 CITY COUNCIL Recommended Action: Appropriate additional funds. (b) Approve Plans and Specifications and Award Construction Contract of Phase One in an Amount of $1,921,000 to Sequel Contractors, Inc.; and Authorize 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. Recommended Action: Approve and award contract. (c) Approve Amendment No. 2 to Contract with Dewan Lundin and Assoc. 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. Recommended Action: Approve Amendment. Requested by: Public Works Division 7. PUBLIC HEARINGS: None 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. Recommended Action: Adopt. Requested by: Community Services Division 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 15, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 6:06 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Herrera was excused. Staff Present: Linda Lowry, City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Ken Desforges, IS Director; Sharon Gomez, Senior Management Analyst; Debbie Gonzales, Administrative Assistant; Jim Clark, Legislative Consultant; Ryan McLean, Sr. Admin. Analyst; Marsha Roa, Communications and Marketing Coordinator; and Tommye Cribbins, Executive Asst. Michael Jenkins, City Attorney arrived at 6:17 p.m. Illuminated Street Name Signs: DPW/Liu stated that four years ago Council directed staff to look at a citywide approach to improvements. The first implementation was the Residential Street Sign program that was completed in Fiscal Years 2001 and 2002. The next set of improvements is slated to be the Illuminated Street Name Signs under the mast arms that carry the traffic signals at signalized intersections. AA/Gonzales reported that the $200,000 2004/2005 Fiscal Year budget item was for replacement of illuminated signs. Staff chose 20 proposed intersections that are specific entry points into the City and the most heavily traveled junctions. She presented Council with color representations depicting the layout of the signs. She explained that in some instances suffixes would be used to distinguish streets from destination points i.e. Diamond Bar Boulevard as opposed to Diamond Bar, the City versus destination point. PWD/Liu proposed that the new signs would be consistent throughout the City. AA/Gonzales stated that she initially contacted three vendors with a request to change out the panels only and not the housing. The bids came in ranging from $91.25 to $121 per panel including the material and printing costs. Upon learning that several housings were in need of replacement and that the County had used a variety of housing unit styles, she asked for bids for both the panels and housing units. The prices ranged from $139 to $290 per mast arm at four per intersection or $1500 x 4 = $6,000 for the 20 intersections. Replacement of panels only for the 20 intersections would be $32,000. Replacement of all panels and all housing units for the 20 intersections would be $121,000 plus. Staff proposes to replace all housing units and panels for the 20 designated intersections as well as incorporate an additional 10 to 15 intersections and MARCH 15, 2005 PAGE 2 CC STUDY SESSION utilize the entire budget allocation of $200,000. Staff's memo outlines a timeline for the project. Further, staff proposes that the City Council choose the modified logo to maintain consistency with the established logo found on the residential street name signs. MPT/O'Connor asked if staff had a recommendation for all upper case or upper and lower case lettering. AA/Gonzales responded that staff would recommend upper and lower case to provide consistency with the current signs. C/O'Connor felt that it would be more consistent to continue the theme of all upper case with the first letter being larger in size. PWD/Liu explained that there was an opportunity to choose any format prior to proceeding. Copley is all upper case, however all other street signs are a combination of upper and lower case. MPT/O'Connor felt the Council might wish to consider replacing housings and panels throughout the City. C/Zirbes agreed that it would be most cost-effective to use the same vendor if the Council wanted to replace all housings and panels at the same time. PWD/Liu responded that staff could solicit bids for 35 and for all 57. Council concurred. M/Chang said that Council should first decide on the format. M/Chang felt the lettering should be bolder and easier to read and that the signs should include directional numbering to make it easier for drivers to decide whether they need to turn left or right. C/Zirbes agreed with M/Chang except that he would prefer to see what the sign looked like with numbers at the bottom before deciding they should or should not be included. He preferred not to have the signs appear too cluttered. He said that for consistency he preferred to have the canned design with the half diamond logo on the sign above. However, it would probably be too expensive. He liked the residential street signs now in place and said that he had received a lot of positive comments about them from residents. MPT/O'Connor asked if other cities included directional numbering. M/Chang felt it was more important to include directional numbering at the major intersections only with one set of numbers and one directional arrow. MARCH 15, 2005 PAGE 3 CC STUDY SESSION Council directed staff to obtain bids include new housing, using the larger font, leaving off the direction numbering and including the larger D.B. logo and pricing for 35 intersections and 57 intersections. Public Comments: None Offered ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:32 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this WEN CHANG, Mayor day of , 2005. Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 15, 2005 STUDY SESSION: Mayor Chang called the City Council Study Session to order at 6:06 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 Illuminated Street Name Signs M/Chang adjourned the Study Session to the Regular Meeting at 6:32 p.m. CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:47 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 Member Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Council Member Herrera was excused. M/Chang announced that C/Herrera was en route back to D.B. from Washington, D.C. where she attended the League of Cities and MTA meetings. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Marsha Roa, Communications and Marketing Coordinator; and Tommye Cribbins, Executive Asst. Jim DeStefano, Asst. City Manager and Dennis Tarango, Building and Safety Official arrived at 6:55 p.m. APPROVAL OF AGENDA: CM/Lowry requested that staff's report on Consent Calendar Item 6.6 be amended to include M/Chang's proposal to appoint Mayor Pro Tem O'Connor and Council Member Herrera to the City Council Ad Hoc Audit Committee. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Chang proclaimed April 2005 as "Fair Housing Month" and indicated that the Proclamation would be sent to the appropriate Agency. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Council Candidate Update - CM/Lowry reported that the filing deadline was Friday March 11 and that the City had received completed applications MARCH 15, 2005 PAGE 2 CITY COUNCIL from Frank Farago, Jack Tanaka and Steve Tye. The three candidates were scheduled to meet with the contracted City Clerk, Caroline deLlamas who would explain to the candidates the process and procedures for the balance of the candidacy period. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — March 17, 2005 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — March 22, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. — 5.3 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — March 22, 2005 - 7:00 p.m., Room CC -3, AQMD/Government Center, 21865 Copley Dr. Neighborhood boundaries are Grand Ave. on the north, Brea Canyon Rd./Golden Spgs. Dr. on the west, Pathfinder Rd. on the south, and Diamond Bar Blvd. on the east. 5.4 SAN GABRIEL RIVER STUDY TOWN HALL MEETING — March 23, 2005 — 7:00 p.m., Grand View Ballroom, Diamond Bar Center, 1600 Grand Ave. 5.5 PARKS AND RECREATION COMMISSION MEETING — March 24, 2005 — 7:00 p.m. Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.6 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — March 24, 2005 - 7:00 p.m., Pine Room, Diamond Bar Center, 1600 Grand Ave. — Neighborhood boundaries are SR -60 on the north, Golden Spgs. Dr. on the west, Grand Ave. on the south, and the City's easterly boundary. 5.7 BREAKFAST LIONS CLUB EASTER EGG HUNT — March 26, 2005 — 10:00 a.m., Pantera Park 738 Pantera Drive. 5.8 PUBLIC SAFETY COMMITTEE — April 4, 2005 — 7:00 p.m., D.B./Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.9 CITY COUNCIL MEETING — April 5, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Drive. 5.10 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. MARCH 15, 2005 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: C/Zirbes moved MPT/O'Connor seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Zirbes, MPT/O'Connor, And M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of December 7, 2004 —As Submitted. 6.1.2 Study Session of February 15, 2005 — As Submitted. 6.1.3 Regular Meeting of February 15, 2005 — As Submitted. 6.1.4 Regular Meeting of March 1, 2005 — As Submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of January 27, 2005. 6.2.2 Study Session of February 7, 2005. 6.3 RATIFIED CHECK REGISTER DATED MARCH 15, 2005 IN THE AMOUNT OF $680,096.34. 6.4 REJECTED CLAIM FOR DAMAGES — Filed by George Brumley, Jr. on February 16, 2005. 6.5 RECEIVED LIBRARY TASK FORCE LIST OF RECOMMENDATIONS FOR FURTHER CONSIDERATION AND DIRECTED STAFF TO OBTAIN COST ESTIMATES. 6.6 CREATED CITY COUNCIL AD HOC AUDIT COMMITTEE AND APPOINTED MPT/O'CONNOR AND C/HERRERA AS AD HOC AUDIT COMMITTEE APPOINTEES. 6.7 LEGISLATIVE ACTIONS: (a) ADOPTED RESOLUTION NO. 2005-15: SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 267 (DAUCHER) TO EXPAND THE TIMEFRAME FOR ADVANCED EXPENDITURES MADE BY JURISDICTIONS ON TRANSPORTATION PROJECTS TO BE REIMBURSED BY THE STATE. (b) ADOPTED RESOLUTION NO. 2005-16: SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 343 (HUFF): UTILITY MARCH 15, 2005 PAGE 4 CITY COUNCIL USER TAXES: EXEMPTION, WHICH WILL EXEMPT LOCAL AGENCIES AND SCHOOL DISTRICTS FROM UTILITY TAXES ON THE USE OF COMPRESSED GAS FOR TRANSPORTATION PURPOSES. (c) ADOPTED RESOLUTION NO. 2005-17: SUPPORTING CALIFORNIA STATE ASSEMBLY JOINT RESOLUTION 7 (HUFF): ZIP CODES: WHICH URGES THE UNITED STATES POSTMASTER TO CREATE ZIP CODES THAT DO NOT ENCOMPASS MORE THAN ONE MUNICIPALITY. (d) ADOPTED RESOLUTION NO. 2005-18: URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE FY 2006 FEDERAL BUDGET. 6.8 AUTHORIZED THE CITY MANAGER TO EXCEED HER PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LTD., IN AN AMOUNT NOT TO EXCEED $40,000 FOR FY 2004-05. 6.9 APPROVED FOR SECOND READING BY TITLE ONLY AND ADOPTED ORDINANCE NO. 04(2005) AMENDING THE DEVELOPMENT CODE PERTAINING TO SECOND UNITS, GUESTHOUSES, SECOND KITCHENS, NUMBER OF PARKING SPACES, OUTDOOR DISPLAY AND SALES, AND DISCRETIONARY REVIEW PROCESSES AND DEFINITIONS. 6.10 AWARDED PERFORMANCE CONTRACT TO ENVIRONMENTAL IMPACT SCIENCES FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT IN THE AMOUNT OF $99,905 FOR A RESIDENTIAL DEVELOPMENT OF 102 SINGLE FAMILY HOMES (JCC HOMES) LOCATED AT THE SOUTH SIDE OF THE TERMINUS OF LARKSTONE DRIVE — APN: 8763-026-907 PORTION, 8765-005-905,8756-005-1 THROUGH 3. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT INTERIM URGENCY ORDINANCE NO. 05(2005): TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY - ACM/DeStefano reported that in 1996 California voters enacted Proposition 215, The Compassionate Use Act of 1996, an act that sets forth circumstances under which Marijuana could be prescribed, dispensed and used for medicinal purposes in the State. Some cities have reported problems with dispensaries in terms of compatible land uses, crime, loss of adjacent businesses, burglaries, etc. D.B. recently received an inquiry about the opening of such an establishment in the City. MARCH 15, 2005 PAGE 5 CITY COUNCIL Because the City has no rules and regulations for such businesses, staff is asking the Council to adopt an urgency ordinance that would place an immediate 45 day moratorium on any establishment of dispensaries in the City to allow staff to work toward the development of an appropriate set of standards. Should staff be unable to develop an appropriate set of standards within the 45 days, staff will request an extension of time of 10 months and 15 days in about 30-35 days to allow for proper review of this proposed land use. The maximum amount of time allowed for a moratorium is two years. There was no one present who wished to speak on this item. C/Zirbes moved, M/Chang seconded to adopt Urgency Ordinance No. 05(2005) to prohibit the establishment of Medical Marijuana Dispensaries. CA/Jenkins stated that the Code required a 4/5ths vote and it was unclear to him whether a unanimous vote of the three sitting Council Members was sufficient. He recommended that Council proceed with the action, and if after researching the matter he discerned that adoption required a 4/5ths vote, the item would be placed on the next City Council meeting agenda for re -adoption upon a 4/5ths vote. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 8.2 CONSIDERATION OF AMENDMENTS TO THE BYLAWS OF THE D.B. COMMUNITY FOUNDATION. CM/Lowry reported that this item was brought forward to the Council at the request of the D.B. Community Foundation. LA/Clarke stated that the Foundation proposed five major changes: 1) Expand the Mission of the Foundation to allow funding to other organizations to be able to provide more types of projects through philanthropic activities; 2) Lower the number of directors from 15 to 9; 3) Eliminate the authority of the City Council to appoint Board Members and give the power to the Foundation Board with one representative appointed by the Mayor; 4) Relieve the City of the power to approve bylaw changes from adoption forward and transfer the power to the Board; and 5) Enable the Foundation Board to appoint an Executive Committee to conduct business assigned by the Chair where a quorum would not be required. LA/Clarke further stated that by making these changes the Foundation would become an independent organization with limited affiliation with the City and it would be up to Council to determine whether staff and other MARCH 15, 2005 PAGE 6 CITY COUNCIL support would be given to the Foundation. Ling Ling Chang, Diamond Bar Community Foundation Chairperson and Parks and Recreation Commissioner, felt it was in the absolute best interest of the Foundation and the City to adopt the proposed bylaw amendments because the amendments would, in her opinion, have a positive impact on the Foundation and the City ultimately through the Foundation's support of the City, the people of the community and their needs. She consulted with colleagues from community foundations across the country who, she said felt strongly as did she that once foundations were de -politicized it was much easier to gain support on a variety of funding streams and sources. Ultimately the Foundation would be able to serve the City and its residents at a higher capacity. She stated that the Foundation was not separating from the City because if the City did not support the Foundation, the Foundation would not and should not exist. Support was not intended to mean financial and staff support. She wanted a strong partnership between the Foundation and the City to continue because the Foundation would ultimately look to the City for guidance regarding funding priorities and needs of the residents. She asked only that one staff member sit on the Foundation Board as a voting member to ensure compatibility with the City's standards. She wanted the Foundation to become the backbone of support for different projects in the City. The Foundation has immeasurable potential to grow and help the City and residents. MPT/O'Connor asked if all Board Members would continue to be residents of D.B. or business owners in D.B. Ms. Chang responded that she would like for Board Members to reside, work and/or own businesses in D.B. MPT/O'Connor moved C/Zirbes seconded to approve amendments to the bylaws of the D.B. Community Foundation. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes said that during the past two weeks he and M/Chang attended a Neighborhood Improvement Committee meeting and was pleased to discover that one long-running issue had been resolved to the Committee's satisfaction. He and M/Chang held an Economic Development Committee meeting recently and learned about various projects coming into the City. The Library Task Force met on March 8 and the Council tonight approved recommendations brought MARCH 15, 2005 PAGE 7 CITY COUNCIL forth during the session. One of the considerations was to make the existing facility a better library and the committee identified items from the wish list that the Task Force would like to pursue. Staff was asked to develop cost estimates and models for further consideration. The next Task Force meeting is slated for April 4 in Room CC -8 of the SCAQMD/Government Center building. C/Zirbes said he would again serve as emcee for The Miss Diamond Bar Pageant on Saturday, March 19 at 7:00 p.m. at Mt. SAC. The City Birthday Party in April will feature a car show. Those who have classic cars, please place your vehicle in the event. Paint the Town is scheduled for June 11. Recently, Al Flores retired after 15 years with the City as its Neighborhood Improvement Officer and C/Zirbes wished Mr. Flores well on his retirement. MPT/O'Connor asked staff for details about building a new library. She wished all of her Irish friends a Happy St. Patrick's Day on Thursday. Easter is coming up in a few days and students will be out on Spring Break. She asked residents to watch out for children at play. If anyone is interested in purchasing Girl Scout cookies the Girl Scouts are at the local grocery stores on weekends. She still has a few packages left. M/Chang said that he understood some residents of the City did not have the means to bring their properties to the City's standards. He asked residents to please understand that the City was not pointing fingers but wants to assist residents to comply with the City Codes to keep neighborhoods safe and aesthetically pleasing. He said he agreed with MPT/O'Connor that the City should look into what it would take to build a new library and to do whatever possible to upgrade the current library in the meantime. M/Chang said that he traveled to Washington D.C. to participate in the National League of Cities Convention where CDBG was the number one issue. He was pleased that the Council passed a resolution to ask Congress to keep the CDBG funding available. CDBG funding may not provide a lot of money but it is very important to cities the size of D.B. Some cities are looking into wireless technology. ACM/Doyle said he would research how much it would cost the City. He suggested the Council study the matter. He and ACM/Doyle visited with Congressman Miller and Senators Boxer and Feinstein and presented them with organized packets requesting their assistance to help obtain funding for a bypass road, funding to help mitigate the SR57/60 intersection gridlock that affects the City, State, Region and entire country as well as funds to build a new library. In addition, they asked for funds to help mitigate landslide damage in D.B. They also asked for funds to purchase two parcels in the City to keep them for open space or a future sports facility. As residents can see, Council and staff continue to work very aggressively for the residents. M/Chang said he met with various municipal representatives and several Mayors and Council Members from Idaho who asked him to visit their state. They indicated to M/Chang that several California businesses had moved to Idaho. In the past 10 years the Idaho cities with economic development agencies visited California businesses to entice them to move to Idaho cities. In one Idaho City alone they were able to create 5,500 jobs. As an example, California failed to respond to its energy crisis and Idaho was able to sign contracts with major MARCH 15, 2005 PAGE 8 CITY COUNCIL companies in California that provided them with incentives to relocate to Idaho. As a result, California is losing businesses and jobs. As an example, Idaho can save California companies up to 70% of the energy cost as well as provide affordable Workers' Compensation coverage. M/Chang stated that on his way home he sat next to the Governor of Idaho. He commended the Governor for the progress that Idaho has made and said that there was much to do in California. Recently D.B. lost one young resident who was a victim of a traffic accident in another City. He asked parents and young drivers to please be careful. Thankfully the high school recruited a consultant to help counsel the students. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 7:40 p.m. in memory of Danny Wang. 2005. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of WEN CHANG, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION REGULAR MEETING OF FEBRUARY 10, 2005 CALL TO ORDER: Chair Pincher called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Torng led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice Chair Torng and Commissioner Morris Commissioner Virginkar arrived at 7:15 p.m. Commissioner Shah was excused. Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Senior Management Analyst and Debbie Gonzales, Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of regular meeting of January 13, 2005. C/Morris moved, VC/Torng seconded, to approve the January 13, 2005 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Morris, VC/Torng, Chair/Pincher NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Virginkar II. PUBLIC COMMENTS: None Offered. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update — Received and filed on the following items: 1. Citations: January 2005 2. Collisions: January 2005 3. Future Deployment of the Radar Trailer V. OLD BUSINESS: None FEBRUARY 10, 2005 PAGE 2 T&T COMMISSION VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS: None VIII. ITEMS FROM COMMISSIONERS: None Offered. IX. INFORMATIONAL ITEMS: A. Caltrans 57/60 Freeway Construction Project. SE/Alamolhoda reported the project is on schedule and the Brea Canyon Road on-ramp re -opening has been delayed; plans are to meet with Caltrans next week to determine the reason for the delay. Chair/Pincher asked if the connector that loops around from the SR -57 north to the SR -60 westbound would be improved. SE/Alamolhoda responded that the situation should improve after construction and removal of the concrete barrier is completed. He said he would review the situation tomorrow by driving the area. PWD/Liu said he was fairly confident that no further improvements would be made to the area in question. However, construction of the collector road may help to alleviate the situation to some extent. C/Morris asked if the quality of work issue regarding the SR -57 transition to the SR -60 westbound had been resolved. SE/Alamolhoda responded that the issue had been resolved, the concrete was accepted and the ramp is open. B. Neighborhood Traffic Management Program (NTMP) SMA/Gomez reported that staff held two NTMP meetings in January for the Northern district of Diamond Bar, January 6, 2005 — Prospectors Road and Sunset Crossing and January 11, 2005 — north of the SR -60 between the SR -57 to the easterly City boundary and to the north on Temple. She referred the Commissioners to staff's report that included residents' comments and concerns. The Commission will receive a summary of the three February meetings at the March Traffic and Transportation Commission meeting. C/Morris reiterated that he felt staff should be able to defer to the consultants to come up with long-term effective solutions and not Band-Aid solutions. And, that the City should be working from the outside in, rather than the inside out, to get the most benefit from every dollar spent. FEBRUARY 10, 2005 PAGE 3 T&T COMMISSION C. Leyland Drive Speed Humps SMA/Gomez stated that after VC/Torng voiced a concern that some of the residents felt that the speed humps were not as effective as they were purported to be. She had spoken with Sgt. Chris Blasnek to request additional enforcement in the area. However, the Sheriff's Department personnel were unable to get to the area between the January and February Commission meeting because they were concentrating on problem areas in and around certain schools. SMA/Gomez further stated that the Sheriff's Department would monitor the area during February and that she would therefore be able to present an update to the Commission at its March 2005 meeting. C/Morris asked staff to provide information regarding speed "cushions" as opposed to speed "humps" and whether the City would consider speed cushions as an alternative. PWD/Liu said that "speed cushions" are an acceptable traffic calming device. When the City considers implementation of any traffic calming devices, "speed cushions" could be a further consideration. C/Virginkar asked if staff could propose modifications to the speed hump policy to include speed cushions. VC/Torng felt that some residents might prefer to have speed humps. He wanted to know if the NTMP manual would include the possibility of changing a speed cushion installation to a speed hump installation and what it would cost the City to change the device. His understanding was that the speed humps in the City of Walnut were more effective than Diamond Bar's speed humps because Diamond Bar's speed humps were already more like speed cushions in comparison. PWD/Liu felt that once the NTMP Manual is completed the City would have a toolbox of mitigation devices from which to choose including speed humps and speed cushions. C/Virginkar recommended that the Commission pass a resolution to establish a standardized process for future requests once the consultant has completed his work. DPW/Liu responded that the toolbox is just one part of the consultant's work product. The consultant is also charged with assisting the City to establish a procedure for neighborhood traffic issues. X. SCHEDULE OF FUTURE CITY EVENTS — as adgendized. XII. FUTURE AGENDA ITEMS: FEBRUARY 10, 2005 PAGE 4 T&T COMMISSION ADJOURNMENT: With no further business to come before the Traffic and Transportation Commission, Chair/Pincher adjourned the meeting at 7:43 p.m. Respectfully, David G. Liu, Secretary Attest: Chair Liana Pincher Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive FEBRUARY 24, 2005 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:11 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Chang led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons and Commissioner Lin- Ling Chang Commissioner Marty Torres arrived at 7:30 p.m. Commissioner Benny Liang was absent. Staff Present: Bob Rose, Director of Community Services; Sara West, Recreation Supervisor II; Anthony Jordan, Parks and Maintenance Supervisor; and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR C/Chang moved, VC/Lyons seconded, to approve the Consent Calendar as presented. Without objection the motion was so ordered. 1.1 Minutes of the January 27, 2005 Regular Meeting — as presented. 1.2 Minutes of the February 7, 2005 Study Session Meeting — as presented. 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RSII/West FEBRUARY 24, 2005 PAGE 2 P&R COMMISSION VC/Lyons asked if everyone was on board to provide event entertainment for the City Birthday Party. RSII/West said the meetings were not well attended due to a conflict with the new Chamber of Commerce meeting times. VC/Lyons wondered if the meeting location should be changed. RSII/West said that she had been in touch with everyone on an individual basis and things were moving forward. VC/Lyons asked if the thank you letter had been sent to Mt. Calvary to thank them for use of their gymnasium. CSD/Rose said it will be sent after the season concludes in March. VC/Lyons wondered if there would be a problem with a July 4 Beatles Music concert. CSD/Rose said there would be patriotic music during the fireworks display. In the past program changes were sometimes successful and other times not as successful. 2.2 Diamond Bar Community Foundation Oral Report — C/Chang and C/Torres C/Chang reported that the Foundation held a very successful strategic planning session on February 13. Members discussed short-term and long- term goals and agreed to implement a Foundation grant application process that will include grant application guidelines. C/Chang was re- elected Chair of the Foundation. 2.3 City Birthday Party — Oral Report — VC/Lyons and C/Chang VC/Lyons reported that the last two monthly meetings were canceled. As previously reported by RSII/West everything is under control and moving forward. 2.4 C.I.P. Program Report — CSD/Rose. a. Starshine Park ADA Retrofit. CSD/Rose reported that the pre -construction meeting was scheduled for Monday, March 7. The project should begin in March and be completed within about 90 days. CSD/Rose responded to Chair/Grundy that he had no response from George Hunter regarding the artificial turf for Lorbeer Middle School. There was some discussion about charging the City back rent for five or six years and there were other unresolved issues as well. CSD/Rose said he asked to have the items of concern provided to him in writing and has not yet heard back. Chair/Grundy wondered if the City should begin discussing alternatives. CSD/Rose said that George Hunter seemed to be concerned that Lorbeer would become the "go to" area once artificial turf was in place and was concerned about the increased potential for vandalism. Chair/Grundy wanted to know if the City had access to FEBRUARY 24, 2005 PAGE 3 P&R COMMISSION information that would prove that these types of improvements would not cause increased vandalism. CSD/Rose said that George Hunter was pushing to have either school or city staff on-site during use and such a proposition would be very costly to the City. Chair/Grundy asked if the parks had suffered appreciable damage due to the significant rainfall. CSD/Rose responded that at the back of Sycamore Canyon Park there was additional erosion in the area of the prior landslides that blocked the drain causing the water to overflow and erode the slope causing a domino effect downward to the tune of about $70,000 in repair costs. Staff is hoping for FEMA funds to mitigate the damage. The park was closed over the weekend and reopened on Monday. 3. OLD BUSINESS: 3.1 City Park Walk -Through Schedule. PARK COMMISSIONER DATE TIME Heritage Grundy TBD TBD Summitridge Lyons 3/22/05 9:00 a.m. Peterson Chang 3/9/05 1:00 P.M. Sycamore Canyon Liang Pantera Torres 3/9/05 2:30 p.m. 4. NEW BUSINESS: 4.1 U.S. Department of Education Grant - $254,944. CSD/Rose reported that the City received a $254,944 grant from the U.S. Department of Education for Children's Programs at the Diamond Bar Center. Staff is seeking input from the Commission for program ideas for the grant. Staff's suggestions included an after school tutoring program and an anti -bullying program. Although the U.S. Department of Education would like the grant spent in one year they will give the City up to five years and CSD/Rose felt it would be more likely that the grant funds would be used over a period of several years. Chair/Grundy suggested youth excursion trips originating at the Diamond Bar Center. He asked if there were age limitations. CSD/Rose said that the City's definition of youth included ages up through age 24. Chair/Grundy asked if the City could use the grant funds for some of its existing programs and thereby free up some of the City's money for other projects and events. CSD/Rose responded to VC/Lyons that the grant specifically excluded payment of construction costs. However, it talked about "equipment" and he was not certain equipment could be construed as a portable building. FEBRUARY 24, 2005 PAGE 4 P&R COMMISSION VC/Lyons suggested the Commission hold a study session to discuss this matter. C/Torres felt the funds could be used for "after school" activities such as computer training at the Diamond Bar Center for example since the youth had little to do after school. The grant could be used to pay to staff the training. CSD/Rose suggested that there might be space and time at Heritage Park. Chair/Grundy recommended that the City send a thank you letter to Congressman Miller. 5. ANNOUNCEMENTS: C/Torres was concerned about groups from other communities using local fields and felt the City should have release forms. He felt that people who were not paying property taxes should not be using the City's facilities and that coaches should be asked to show their release forms or be precluded from using City fields. He said he was interested to find out how D.B. would enforce this issue. Chair/Grundy felt that if there was abuse the offending representative for FCI should be contacted and told they were abusing their use privilege. C/Torres said that from time to time teams come from Glendora for instance because they have two or three members that reside in D.B. He reiterated his belief that no team should be allowed on the field without a release form. RSII/West responded to C/Torres that she would have an update on the volleyball option closer to the summer months. Currently, the City is looking to operate a six-week summer session for grades four, five and six on Mondays and Wednesdays or on Tuesdays and Thursdays from 9:00 to 11:00 a.m. and for grades seven, eight and nine from 2:00 to 4:00 p.m. on Mondays and Wednesdays or Tuesdays and Thursdays. Cities of Brea and Fullerton have indicated a strong interest in participating. In addition, the City is planning an end of summer four or five-day volleyball camp to close out the summer program. The program would be held off-site in La Verne. C/Torres reported that the City of Pomona is putting together a youth master plan and wondered if as a good will gesture the City could offer their youth master plan to help save a neighboring city $100,000. CSD/Rose said he met with the director in Pomona last week and showed him a copy of D.B.'s report and the director told CSD/Rose that he had copies of about five other reports from surrounding cities. Chair/Grundy said he would like to look at other city's reports to gauge the worthiness of the D.B. report. CSD/Rose offered Chair/Grundy and the Commissioners copies of other city's report for their perusal. VC/Lyons reported that today the librarian luncheon was held at the D.B. Center. FEBRUARY 24, 2005 PAGE 5 P&R COMMISSION RSH/West and her staff were very accommodating and helped make the event very enjoyable. VC/Lyons asked that the D.B. Library Task Force report be added back to the Commission's agenda. She asked for an update on turf damage and scooters in skate parks. CSD/Rose said he would have a report for the Commission on both items at its March 24 meeting. VC/Lyons said she would not be available for the March 24 meeting. ADJOURNMENT: Upon motion by C/Torres, seconded by VC/Lyons and there being no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:15 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Dave Grundy, Chairman Agenda No. 6.4.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 22, 2005 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Assistant City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner 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 February 8, 2005. VC/Tanaka moved, C/McManus seconded to approve the minutes of the Regular Meeting of February 8, 2005, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS 10. OLD BUSINESS: None VC/Tanaka, McManus, Low, Tye None Chair/Nolan None FEBRUARY 22, 2005 Page 2 PLANNING COMMISSION 11. NEW BUSINESS: None FEBRUARY 22, 2005 12. PUBLIC HEARING(S): Page 3 PLANNING COMMISSION 12.1 Development Review No. 2005-02 and Minor Conditional Use Permit No. 2005-02 - In accordance with Diamond Bar Municipal Code Section 22.48.020(A), 22.30.080(5) AND 22.56.010, this was a request to construct a two story, single family residence of approximately 9,800 gross square feet including balconies, porch and attached four car garage. The Minor Conditional Use Permit was for a driveway wider than the maximum 14 feet allowed at the street property line. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 3158 Windmill Drive (Lot 12, Tract 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CO 90503 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-02 and Minor Conditional Use Permit No. 2005-02, Findings of Fact, and conditions of approval as listed within the resolution. C/Low asked if the 50 percent landscape requirement was calculated prior to the modification or after the modification? AssocP/Lungu responded that the percentage was calculated prior to the modification and that it would be included in the landscape plan. C/Low asked if an 80 mph wind factor was reasonable for this property and AssocP/Lungu responded that the number was a UBC requirement that all projects must meet. Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/Tye moved, C/McManus seconded to approve Development Review No. 2005-02 and Minor Conditional Use Permit No. 2005-02, Findings of Fact and conditions of approval as listed within the resolution with the appropriate changes included. Motion carried by the following Roll Call vote: FEBRUARY 22, 2005 Page 4 PLANNING COMMISSION AYES: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8:10 p.m. Kurt Nelson applicant, asked to speak after close of the Public Hearing. Chair/Nolan granted his request. Mr. Nelson said that the architect and the owner designed the house and that the architect deliberately designed a lot of strong vertical elements. He could not understand why anyone would want a horizontal bellyband on the house and did not know where it would stop because in his opinion it bordered on "busy" and harmed the design of the house. This house backs up to Tonner Canyon and there would not be anyone within site that would appreciate foam fascia that would be installed at a substantial cost to the owner. He felt that the recommendation would make the house look worse. Chair/Nolan explained that the project was approved 5-0 upon closing of the Public Hearing and that the approval would stand. Mr. Nelson was directed to contact staff to work out any further details of the project or reschedule the matter for a later hearing date before the Planning Commission. 7.2 Development Code Amendment No. 2005-02 - In accordance with Diamond Bar Municipal Code Section 22.44 this was a request to amend the following Articles and Sections of the Development Code: Article II Section 22.08.030 Section 22.10.030 Article III Section 22.16.140 Section 22.30.040 Section 22.34.030 Section 22.34.040 Section 22.34.050 Section 22.34.060 Section 22.42.120 Section 22.42.060 Residential Zoning District Land Uses and Permit Requirements — Table 2-3 Commercial/Industrial District Land Uses and Permit Requirements — Table 2-5 and Table 2-6 Second Kitchen Number of Parking Spaces Required — Table 3-10 Property Maintenance Standards for Single -Family Property Maintenance Standards for Multi -Family Property Maintenance Standards for Commercial Property Maintenance Standards for Industrial Secondary Housing Units Guesthouses FEBRUARY 22, 2005 Page 5 PLANNING COMMISSION Section 22.42.080 Outdoor Display and Sales Standards Article IV Section 22.48.040 Development Review Findings and Decision Section 22.50.060 Temporary Use Permit — Action by the Director Section 22.52.040 Minor Variance Findings and Decision Section 22.54.040 Variance Findings and Decision Section 22.56.040 Minor Conditional Use Permit Findings and Decision Section 22.58.040 Conditional Use Permit Findings and Decision Article V Section 22.80.010 Definition of Specialized Terms and Phrases PROJECT ADDRESS APPLICANT: Citywide City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission adoption of a resolution recommending City Council approval of Development Code Amendment No. 2005-02. VC/Tanaka asked what the Code Enforcement team was currently using to cite the section pertaining to holiday lights. PM/Fong responded permits required under the Building Code for electrical permits. CA/Jenkins advised staff to amend the code accordingly to provide proper regulation of holiday lighting. C/Low asked the difference between a second kitchen and a "dirty" kitchen. PM/Fong said that this section addressed ethnic culture where certain groups have a separate area for certain types of cooking in custom homes and mansions. C/Low asked if Section 22.30 regarding "group quarters" was being eliminated to which PM/Fong responded yes. C/Low asked if this meant there could be no group homes in Diamond Bar and PM/Fong responded that this was elimination of a parking ratio only. AssocP/Lungu explained that the land use chart did not allow these uses so it made no sense to have a parking ratio and it was eliminated. FEBRUARY 22, 2005 Page 6 PLANNING COMMISSION C/Low asked staff's reason for instituting rules with respect to holiday decorations for all sections of the code. PM/Fong responded that the changes regarding the holiday lights were recommended by the City Attorney. The City Code did not regulate holiday lights and they could be regulated only through the electrical permit portion of the code. If the lights were not plugged in and were left on the house it would not be a violation of the current code. CA/Jenkins recommended modification of the code to specify the putting up and taking down of holiday lights for purposes of enforcement. C/Low felt it was far too restrictive to allow decorations only three days prior to and three days after a holiday. C/Tye asked C/Low what number of days would be appropriate? C/Low responded two weeks prior to and two weeks after. Following discussion the Commission concurred to amend the code to two weeks prior to and two weeks following the holiday for holiday decoration and lighting. C/Low felt that the City's code should have backbone and not be used to bluff residents. Commissioners concurred to change all pertinent sections of the code to read: Excepting Christmas, no holiday decorations or lights shall be displayed on private property earlier than 14 days prior to a holiday or after 14 days following a holiday. PM/Fong responded to C/Low that Section 22.42.120 (3) a. established lot criteria for and increased the size of the second unit as long as it met the 40 percent requirement within the 8,000 square feet of buildable pad. The second unit must fulfill the setback requirements for the primary unit. C/Low asked if it were possible to have a lot in excess of 20,000 square feet? PM/Fong responded that lots in excess of 20,000 square feet were included in rural residential - Item b on the handout sheet. C/Low asked the difference between a guesthouse and a pool house? PM/Fong said that typically there would not be a bedroom setting in a pool house. A homeowner could have a main house, guesthouse and a pool house. FEBRUARY 22, 2005 Page 7 PLANNING COMMISSION AssocP/Lungu responded to C/Low that a guesthouse could not have anything that would appear to be a kitchen or have to do with cooking. C/Low felt it was too restrictive to disallow a microwave and coffee pot for instance. Chair/Nolan believed that the City Attorney recommended the changes because he was concerned about safety issues. C/Low felt that page 14 should include a regulation pertaining to the maintenance of an outdoor dining area. PM/Fong referred the Commissioners to page 13 c. C/Tye asked if the approval for outdoor seating remained with the property or would it have to be approved for a new business use. ACM/DeStefano explained that if a new business came to the site that was substantially the same the CUP would continue. If the new business intensified the use a new CUP would be required. PM/Fong indicated to C/Low that the code already contained a separate definition and category for pre-school. With respect to Tutorial Services, the intent of the code was to limit the time. If the time were to extend beyond the two hours (Page 18) it would be considered "school" and not "tutorial services." C/Tye asked why the City would not address the parking shortfall (page 4) upon change of business ownership. ACM/DeStefano responded that if there were no change in the character of the business the rights of the previous owner would carry over to the new owner. If it were a different type of land use and essentially more intense, the City would be in a position to enforce the current standards. ACM/DeStefano responded to Commissioner's concerns about challenged parking by stating that the only opportunity the City has to change parking recommendations is when the land use changes and the parking demand changes. With respect to the 150 square foot recommendation, the number could be changed if the Commission felt the number should be changed. Following a brief discussion the Commission concurred to include the 150 square foot figure as recommended because a lesser number could be even more restrictive. Chair/Nolan opened the public hearing. FEBRUARY 22, 2005 Page 8 PLANNING COMMISSION With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/McManus moved, VC/Tanaka seconded, to adopt a resolution recommending City Council approval of Development Code Amendment No. 2005-02 subject to the following amendments: Holiday lights — 14 days before the holiday and 14 days after the holiday; and add specific criteria for larger lots for second units in accordance with staff's proposed amendment. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, VC/Tanaka, Low, Tye, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: None Offered. 9. STAFF COMMENTS AND INFORMATION ITEMS: ACM/DeStefano responding to a previous question from Chair/Nolan regarding how the City would insure that it and residents are protected from severe weather conditions. The City takes a very conservative approach. Some cities allow the development to be approved and then sort out the geotechnical solution to support the product. Conversely, staff requires that the projects are geotechnically sound before taking the project to the Planning Commission. For example, one project has been under consideration for more than a year. The primary problem is that the developer must prove that there is a geotechnical solution for development. Until the developer takes steps to prove that there is a geotechnical solution staff will not bring the project to the Commission. ACM/DeStefano stated that during the past two months the City has seen non- structural related landslide issues with sloughs of earth, a couple of slides and loss of block walls on the perimeter of individual properties due to severe weather conditions. ACM/DeStefano thanked C/Tye for his call on Saturday regarding Sycamore Canyon Park being overwhelmed with water. As a result the park was closed for the weekend and may be closed again depending on the amount of rainfall. FEBRUARY 22, 2005 Page 9 PLANNING COMMISSION 10. 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 8:22 p.m. Respectfully Submitted, James DeStefano Assistant City Manager Attest: Dan Nolan, Chairman Agenda No. 6.4.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 8, 2005 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:15 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Assistant City Manager, Nancy Fong, Planning Manager Ann Lungu, Associate Planner and Stella Marquez, Senior Administrative Assistant. 2. REORGANIZATION OF PLANNING COMMISSION — selection of Chairman and Vice Chairman. ACM/DeStefano opened nominations for Chairperson. Commissioner Nolan nominated Commissioner McManus. Commissioner Low nominated Commissioner Tanaka. ACM/DeStefano closed nominations for Chairperson. Roll Call vote was taken as follows: Commissioner Nolan: McManus Commissioner Low: Tanaka Commissioner McManus: McManus Commissioner Tanaka: Tanaka Commissioner Tye: McManus ACM/DeStefano declared Joe McManus Chairperson of the Planning MARCH 8, 2005 Page 2 PLANNING COMMISSION Commission. Chair/McManus opened nominations for Vice Chairperson. Commissioner Tye nominated Commissioner Low. Chair/McManus closed nominations. Roll Call vote was taken as follows: Commissioner Tye: Low Commissioner Low: Low Commissioner Nolan: Low Commissioner Tanaka: Low Chair/McManus: Low ACM/DeStefano declared Commissioner Low Vice Chairperson of the Planning Commission. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: PM/Fong asked that Public Hearing Item 8.2 be heard prior to Public Hearing Item 8.1. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of February 22, 2005. C/Nolan moved, C/Tye seconded to approve the minutes of the Regular Meeting of February 22, 2005, as presented. Motion carried by the following Roll Call vote: AYES NOES: ABSENT COMMISSIONERS COMMISSIONERS COMMISSIONERS 10. OLD BUSINESS: None Nolan, Tye, Tanaka, VC/Low, Chair/McManus None None MARCH 8, 2005 Page 3 PLANNING COMMISSION 11. NEW BUSINESS: None MARCH 8, 2005 12. PUBLIC HEARING(S): Page 4 PLANNING COMMISSION 8.2 Comprehensive Sign Program 2005-01 And Variance 2005-01 was a request to amend the Comprehensive Sign Program for the Ranch Center by updating the design of the existing monument and wall signs; and a Variance request to increase the number of monument signs from one to two, increase monument sign height from 6 feet to 8.5 feet and reduce the required setback from 10 feet to two (2) feet. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 800-884 Diamond Bar Boulevard (APN 8706-002-56) Diamond Bar, CA 91765 The Simay Company 21800 Burbank Boulevard #150 Woodland Hills, CA 91367 PM/Fong presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program 2005-01 and Variance 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low asked the width of the ranch center from the outermost corner to the opposite outermost corner. PM/Fong responded that the applicant did not intend to change the location of the monument sign, merely lift it up to place a monument rock base beneath it. The other two monument signs are approximately 70 feet away from the driveway. Therefore, the proposed location is not at the corner where it could pose a traffic hazard. VC/Low asked the measurement of the property frontage and ACM/DeStefano responded that it was about 400 feet. PM/Fong indicated to VC/Low that monument signs B1 and B2 were double -sided. VC/Low wanted to know why the applicant wanted two similarly designed monument signs. PM/Fong responded that the center had eight slots and two monument signs and visibility from both sides would allow all tenants to participate. VC/Low asked for explanation of Sign Code rationale that there should be only one monument sign rather than two. PM/Fong explained that the philosophy was that there should not be too many monument signs lined up along one stretch of street frontage. However, other properties were allowed to have an increased number of signs and the precedence had been set as a result of tenants being so far back on the property that they would not enjoy visibility from the street compared to other shopping centers where tenants were visible to street frontage. MARCH 8, 2005 Page 5 PLANNING COMMISSION VC/Low asked if the precedent allowed a certain number of signs per frontage or was according to the number of signs. PM/Fong responded that it was number of signs. She cited several examples that supported the precedent. VC/Low wanted to know if the frontage supporting the three monument signs was greater or lesser than the 400 feet of the proposed project. PM/Fong said the frontage was very similar in length and could be slightly longer than this project. Darren Murrin, The Simay Company, said that this request was made strictly to benefit the center's tenants because several tenants at the back of the center had no street visibility. In addition to the signage the water tower would be refurbished. Also, his company was looking at color schemes and was considering repainting the entire center. C/Tanaka said he was pleased that the applicant wanted to provide additional monument signs for the tenants and also said he was very happy with the design. Chair/McManus asked if each unit were divided down to the smallest possible square footage would 34 signs cover all spaces. Mr. Murrin responded that the goal was to provide a sign for all tenants even at the minimum square footage per unit. VC/Low said it was difficult to park in the center because the parking spaces were very narrow. Mr. Murrin said he would look into the parking to see if it conformed to code. C/Tye asked how The Simay Company would be able to accommodate 34 tenants with 32 spaces. Mr. Murrin responded that the water tower would be used to advertise a major tenant. In addition, Acapulco has its own sign and only the smaller tenants would reside on the monument signs. Signage is based on the square footage of the tenant whether they have one or two slots. Mr. Murrin explained to C/Tye that the holes in the water tower would be repaired prior to painting. In addition, the buildings within the center will be rehabilitated because the company wanted the center to be a Class "A" center. Chair/McManus opened the public hearing. Kevin Clayborne, Clayborne Hair Studio, eagerly anticipated Planning Commission approval of the project since his studio was located at the back of the center. He felt two signs were an excellent idea and would MARCH 8, 2005 Page 6 PLANNING COMMISSION provide additional visibility for southbound traffic. Chair/McManus closed the public hearing. C/Tye said he thought the plan included relocating the Acapulco sign. It would be okay if it was not relocated but it would need to be renovated and updated. Mr. Murrin acknowledged that his company would improve, redo or eliminate the "enter" sign. C/Tye moved, C/Tanaka seconded, to approve Comprehensive Sign Program 2005-01 and Variance 2005-01, Findings of Fact and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, Tanaka, Nolan, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.1 Development Review No. 2005-01 and Minor Conditional Use Permit No. 2005-01 (pursuant to Code Sections 22.48.020(x)(1) and 22.52) was a request to construct a first and second story addition of approximately 2,630 square feet that included livable area, two decks with patio area below to an existing two story single-family residence of approximately 2,647 square feet with a three -car garages. The Minor Variance is a request to allow a 13 -foot separation between the subject residential structure and the residential structure on a neighboring property instead of the required 15 feet. PROJECT ADDRESS: 24059 Highcrest Drive (Tract 31941, Lot 4) PROPERTY OWNER/ Ranadhira and Vyjayanthi Nayudu APPLICANT: 24059 Highcrest Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-01 and Minor Conditional Use Permit No. 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. MARCH 8, 2005 Page 7 PLANNING COMMISSION MARCH 8, 2005 Page 8 PLANNING COMMISSION Chair/McManus said he thought it was necessary to always maintain a five- foot side yard clearance on both sides of the residence and it did not appear that the property conformed. AssocP/Lungu responded that the side yard setbacks would be six feet on one side and 10 feet on the other side and that overhead shots sometimes distorted the true picture. C/Nolan said he would assume that the addition would have no impact in terms of geotechnical issues. PM/Fong said that the project was conditioned that prior to construction the applicant would provide a study to the City that the addition was safe for the property. C/Tye said that although the report indicated the City did not have records to indicate that the rear retaining walls were permitted it did not necessarily mean that permits were never issued and AssocP/Lungu agreed. AssocP/Lungu explained that Mr. Nayudu or the previous owner could have permits. However, the City does not have record of permits. C/Tye asked about the apparent contradiction regarding windows in the addition. AssocP/Lungu explained that there were no windows in the six linear feet facing the property to the south. Randy Nayudu, applicant, said he had no presentation but would gladly answer questions. He said that the addition included approximately one thousand feet of deck making the actual addition closer to 1600 square feet. The project included addition of one downstairs bedroom and a family room as well as conversion of the formal dining room to part of the living area. C/Tye said he found it exciting when people chose to improve their homes rather than move on to a larger home in a different area. C/Tanaka said he visited the property and was pleased with staff's report. Mr. Nayudu said he found it a wonderful experience dealing with the City's Planning Division and in particular, AssocP/Lungu who is very knowledgeable and helped move his project forward in a very smooth manner. Chair/McManus opened the public hearing. With no one present who wished to speak on this matter, Chair/McManus closed the public hearing. MARCH 8, 2005 Page 9 PLANNING COMMISSION C/Nolan moved, C/Tye seconded to approve Development Review No. 2005-01 and Minor Variance No. 2005-01, Findings of Fact and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tye, Tanaka, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: None Offered. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: ACM/DeStefano reported that at its March 1 meeting the City Council approved First Reading of the bundle of Development Code changes as recommended by the Planning Commission. On March 15 the Council will approve Second Reading and the changes will become effective approximately April 15. The interim ordinance will automatically end and applications will be accepted for changes recommended by the Planning Commission and endorsed by the City council. Chair/McManus presented outgoing Chairman Nolan with a plaque commemorating his service to the Commission. VC/Low said she understood that Council pulled the holiday decoration portion of the amendments. ACM/DeStefano explained that upon review of the City Prosecutor's proposed verbiage CA/Jenkins felt the matter of holiday lights deserved further consideration. The City Council pulled that portion of the amendment for further consideration. C/Tye praised staff and their work on behalf of the City. Chair/McManus concurred. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. MARCH 8, 2005 Page 10 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 8:01 p.m. Respectfully Submitted, James DeStefano Assistant City Manager Attest: Joe McManus, Chairman Agenda No. 6.5 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 # 6.6 Meeting Date: April. 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — February, 2005 RECOMMENDATION: Approve the February 2005, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Senior Accountant Department Head Attachments: Treasurer's Statement Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 28, 2005 GENERAL FUND LIBRARY SERVICES FUND COMMUNITY ORG SUPPORT FD GAS TAX FUND TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD ISTEA Fund INTEGRATED WASTE MGT FD AB2928-TR CONGESTION RELIEF FD AIR QUALITY IMPRVMNT FD PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD CITIZENS OPT -PUBLIC SAFETY FD NARCOTICS ASSET SEIZURE FD CA LAW ENFORCEMENT EQUIP PRGM LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND EQUIPMENT REPLACEMENT FUND COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: CASH WITH FISCAL AGENT: BEGINNING TRANSFEI BALANCE RECEIPTS DISBURSEMENTS IN (OUT $23,590,702.32 $726,054.30 $1,104,634.65 $562,415 0.00 (5,206.74) 1,500.00 927,304.41 94,896.99 (495,061.-, 1,303,652.39 127,046.11 59,032.13 897,778.77 65,959.52 0.00 560,144.87 18,024.40 10,336.28 0.00 172,272.61 7,695.73 1,890,067.48 6,866.04 36,580.00 (1,389.58) (54,777.( 314,699.00 6,551.14 (67,353.; 315,822.77 71,477.18 455,720.65 16,206.40 8,077.67 267,225.85 10,447.94 2,785.42 382,369.50 8,504.61 3,130.49 111,579.53 (601,335.87) 66,283.06 54,777 1,319,644.12 195,932.19 (4,061.55) 532,227.85 643.94 20,887.46 $32,704,883.3 $1,104,364.2 $1,289,524.45 $0. 7 1 GENERAL ACCOUNT ($194.85) PAYROLL ACCOUNT 10,758.78 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct LOCAL AGENCY INVESTMENT FD US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD $11,313 $58,780.26 31,937,644.61 31,996,42- $361,900.87 1,996,42$361,900.87 150,083.46 (Bond Proceeds Account) 511,984 TOTAL CASH Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accc regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a po Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - February 2005 Wells Fargo Money Mkt -Effective Yield - February 2005 Union Bank Money Mkt - Effective Yield - February 2005 2.368% 1.791% 2.370% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer Agenda # 6.7 Meeting Date. -April 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Rocio Gamboa — December 29, 2004. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Rocio Gamboa. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $2,300. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On December 29, 2004, Rocio Gamboa filed a Claim for Damages with the City alleging that a tree owned by the City fell on her car causing exterior and interior damage to her vehicle. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Executive Asst. REVIEWED BY: Asst. City Manager Agenda # 6.8 Meeting Date: April 5, 2005 CITY COUNCIL AGENDA REPORT \gw TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: RATIFICATION OF INTERIM URGENCY ORDINANCE NO. 5 (2005) ADOPTED TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND ACCEPTANCE OF THE REQUIRED REPORT REGARDING ACTIONS TAKEN TO ALLEVIATE CONDITIONS WHICH LED TO THE ADOPTION OF THE ORDINANCE RECOMMENDATION: Approve BACKGROUND/ANALYSIS: On March 15, 2005 the City Council approved Interim Urgency Ordinance No. 5 (2005) that instituted a 45 -day moratorium for medical marijuana dispensary establishments in the City of Diamond Bar. The City Council adopted the Ordinance with a unanimous vote (3-0), with one member absent. Government Code Section 65858 requires a four-fifths vote of the legislative body for adoption; therefore, the City Council should ratify the adoption of Interim Urgency Ordinance No. 5 (2005). The moratorium provides temporary relief from potential negative impacts related to medical marijuana dispensary establishments which other California cities have experienced and which compromised the community health, safety, and welfare; 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; • Marijuana smoking in public around the dispensaries; • Driving Under the Influence (DUI) citations from those who have obtained marijuana at dispensaries; • Increased vehicle and pedestrian traffic; and • Locations are near sensitive land uses and residentially zoned properties The City has had one inquiry recently regarding the establishment of a dispensary. Government Code Section 65858 requires a written report issued at least ten (10) days prior to the Interim Ordinance's expiration which describes the measures taken to alleviate the condition(s) that led to the Ordinance's adoption. This staff report serves as the "ten day" report and incorporates the measures. Following the Interim Urgency Ordinance's adoption, staff began researching and analyzing operational characteristics and impacts which these dispensaries would have to the City of Diamond Bar. Due to the matter's complexity, staff anticipates that the research will not be complete before the Interim Urgency Ordinance's April 28, 2005 expiration date. In conformance with Section 65858, staff prepared this report at least 10 days prior to the public hearing in anticipation of a request to extend the 45 -day Interim Urgency Ordinance. The Interim Urgency Ordinance may be extended for an initial period up to 10 months and 15 days for the first extension and 12 months for the second extension for a total of two years. Staff anticipates that a request shall be made at the April 19, 2005 City Council meeting to extend the Interim Urgency Ordinance as noted, or until the effective date of new regulations, whichever is sooner. F% 110 0 '�: Ann J. Lungu, Associate Planner REVIEWED BY: Nancy Fong, Planning Manager James DeStefano, Assistant City Manager Attachment: Ordinance No. XX (2005) 2 ORDINANCE NO. (2005) AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 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. Purpose and findings. Currently medical marijuana dispensaries are not a permitted use 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, other cities indicate an increase in loitering around the dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and parking and traffic violations. The City has received one inquiry about the establishment of a dispensary in the City. 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 regulations regarding the operation of such facilities, this Ordinance is intended to place 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. SECTION 2. Moratorium established. A moratorium is hereby established on the establishment of medical marijuana dispensaries in the City. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no medical marijuana dispensary shall be established in the City, whether or not a permit of any kind is required from the City; further, no application for a permit of any kind (including a building permit) will be accepted, processed or considered during the pendency of this ordinance or any extension thereof for establishment of a medical marijuana dispensary. This Ordinance and the moratorium established herein applies to any site, facility, location, use, cooperative or business that distributes, dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any State regulations adopted in furtherance thereof. SECTION 3. Definitions. For purposes of this Ordinance, a "medical marijuana dispensary" means a facility where marijuana is made available for medical purposes in accordance with Health & Safety Code Section 11362.5. The word "marijuana" shall have the same meaning as the definition of that word in Health & Safety Code Section 11018. SECTION 4. 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 3 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 5. 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 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of medical marijuana dispensaries in other cities and interest in opening of such establishments within the City of Diamond Bar and the secondary effects of those dispensaries poses a current and immediate threat to the public health, safety and welfare. 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 forty-five (45) 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 7. 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. PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF APRIL, 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Wen P. Chang, Mayor 4 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 15th day of March, 2005 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of April, 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 5 Linda C. Lowry, City Clerk, City of Diamond Bar Agenda # 6.9 Meeting Date: April 5, 2005 CITY COUNCIL rp R,��4 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Adopt Resolution No. 2005 -XX 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 approve personnel modifications for Community Services Department RECOMMENDATION: It is recommended that the City Council create a full-time Street Maintenance Worker II position through the adoption of Resolution No. 2005 -XX and approve the personnel modifications recommended for the Community Services Department. FINANCIAL IMPACT: All costs associated with the creation of the Streets Maintenance Worker II position and the modifications for the Community Services Department are offset by resources allocated in the FY 2004/05 budget. DISCUSSION: STREET MAINTENANCE WORKER II Currently, the City contracts with MCE for most of its street repair and routine maintenance work. Based on the contract costs for doing routine maintenance and minor street repair, it would be more cost effective to have a full-time employee perform some of these duties. In addition, the full-time employee could assist with traffic sign installation; repair/maintenance of curbs, gutters, sidewalks, storm drains; tree trimming; sweeping and cleaning of specific areas in the City; and various related work as requested. The cost of the full-time position including benefits is $51,495. It is proposed that resources currently allocated to the part-time Neighborhood Improvement Officer position ($25,619) be reallocated to partially fund the new full-time position. The part- time Neighborhood Improvement Officer position is currently vacant due to the promotion of the incumbent to a full-time position following the retirement of one of the City's Neighborhood Improvement Officers. The remaining costs for the full-time position ($25,876) would be offset by a reduction in the MCE contract costs. This position will allow the City to further enhance our service and have more direct quality control over some of the work, at a more cost effective price. Community Services MODIFICATIONS The Community Services Division, which manages the Recreation Program, currently has a vacant full-time Senior Management Analyst position. When vacancies occur in the City, management reviews the vacant position and the needs of the community to determine the best way to utilize the available resources. After reviewing the Sr. Management Analyst position, staff has determined there is a more effective way of utilizing the funding for the position that will result in better service to the community. Staff recommends the Sr. Management Analyst position be replaced with three (3) Community Services Coordinator positions, one (1) full-time and two (2) part-time. The funds available from the Sr. Management Analyst position total $85,594. The funds needed for the three (3) CS Coordinator positions total $84,617. The management level work that was performed by the past Sr. Management Analyst has already been absorbed by other Community Services Division management employees. The three (3) CS Coordinator positions will be utilized to conduct the City's twenty different special events and to better assist clients renting the Diamond Bar Center for large events on Fridays, Saturdays and Sundays. PREPARED BY: Dave Doyle, Assistant City Manager Jim DeStefano, Assistant City Manager Attachment 1. Resolution No. 2005 -XX creating the Streets Maintenance Worker II position and establishing the salary range for all City positions. Resolution No. 2005-xx A Resolution of the City Council of the City of Diamond Bar establishing salary ranges for all classes of employment effective the pay period commencing APRIL 16, 2005; rescinding resolution no. 2004-65 in its entirety. Whereas, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year 2004-2005; Whereas, the City Council of the City of Diamond Bar wishes to establish salary ranges (Attachment 1, Schedule A-E) for the compensation of its employees, including cost of living adjustments and compliance with minimum wage requirements; WHEREAS, it is necessary to assign each position to a job classification number that reflects the various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive -management (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E) (Schedule A-E attached); WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary schedules to fix the rate of compensation to be paid to employees of the City; Now, therefore be it resolved, the City Council of the City of Diamond Bar, does hereby repeal all previous salary resolutions and establishes salary ranges for non-exempt full- time, exempt full-time, executive -management, non -benefited part-time and benefited part-time as outlined in Salary Schedules A-E. PASSED, ADOPTED AND APPROVED this 5th day of April 2005. Wen Chang, Mayor I, LINDA C. LOWRY, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Schedule A Effective 4/16/05 City of Diamond Bar Salary Ranges By Position FY 2004-2005 Full-time Non -Exempt Positions (Job Classifications 1000-1599) RANGE JOB TITLE A B C D E F G 1,538.91 1037 Office Assistant 12.39 13.01 13.66 14.34 15.06 15.81 16.60 3,175.53 3,334.31 991.2575 1,040.820 1,092.86 1,147.50 1,204.87 1,265.12 1,328.38 4 14 45 97 37 2,147.69 2,255.11 2,367.87 2,486.26 2,610.57 2,741.10 2,878.1E 1141 Account Clerk II 13.62 14.31 15.02 15.77 16.56 17.39 18.2E Community Services 1,089.9225 1,144.418 1,201.63 1,261.72 1,324.80 1,391.04 1,460.60 Coordinator 6 95 15 76 80 Office Assistant II 2,361.50 2,479.57 2,603.55 2,733.73 2,870.42 3,013.94 3,164.63 1203 Parks Maintenance Worker II 14.37 15.09 15.84 16.63 17.47 18.34 19.2E Street Maintenance Worker II 1,149.5405 1,207.017 1,267.36 1,330.73 1,397.27 1,467.13 1,540.49 5 84 68 37 74 2,490.67 2,615.20 2,745.96 2,883.26 3,027.43 3,178.80 3,337.79 1257 Senior Account Clerk 15.02 15.77 16.55 17.38 18.25 19.16 20.12 1,201.2134 1,261.274 1,324.33 1,390.55 1,460.08 1,533.08 1,609.79 1 78 47 24 65 1 2,602.63 2,732.76 2,869.40 3,012.87 3,163.51 3,321.69 3,487.77 1365 Administrative Assistant 15.83 16.62 17.45 18.32 19.24 20.20 21.21 1,266.0654 1,329.368 1,395.83 1,465.62 1,538.91 1,615.85 1,696.69 7 71 90 05 60 9 2,743.14 2,880.30 3,024.31 3,175.53 3,334.31 3,501.02 3,676.07 1437 Neighborhood Improvement Officer Recreation Specialist Senior Administrative Assistant Accounting Technician 1460 Parks and Maintenance Inspector/Tech 17.17 18.03 18.93 19.87 20.87 21.91 23.01 1,373.4968 1,442.171 1,514.28 1,589.99 1,669.49 1,752.96 1,840.61 6 02 42 39 86 2,975.91 3,124.71 3,280.94 3,444.99 3,617.24 3,798.10 3,988.00 19.66 20.64 21.67 22.75 23.89 25.08 26.3-- 1,572.80 1,651.20 1,733.60 1820.00 1,911.20 2006.40 2,106.4( 3,145.60 3,302.40 3,467.20 3640.00 3,822.40 4,012.80 4212.8( City of Diamond Bar Salary Ranges By Position FY 2004-2005 Full-time Exempt Positions (Job Classifications 1600-2600) RANGE JOB TITLE 1635 Accountant II Assistant City Clerk Assistant Engineer Assistant Planner Management Analyst Parks & Maintenance Supervisor Public Works Supervisor Recreation Supervisor Development Services Associate 1752 Sr. Neighborhood Improvement Officer 1897 Public Information Coordinator Recreation Supervisor II Superintendent of Parks/Maintenance Schedule B Effective 12/26/04 A B C D E F G 19.52 20.50 21.52 22.60 23.73 24.92 26.16 1,561.88 1,639.97 1,721.9 1,808.071 1,898.47 1,993.39 2,093.06 00 40 73 4 50 87 86 3,384.07 3,553.28 3,730.9 3,917.49 4,113.36 4,319.03 4,534.98 4 20.99 22.04 23.14 24.30 25.51 26.79 28.13 1,679.02 1,762.97 1,851.1 1,943.676 2,040.86 2,142.90 2,250.04 12 23 21 9 08 38 90 3,637.88 3,819.77 4,010.7 4,211.30 4,421.86 4,642.96 4,875.11 6 22.66 23.79 24.98 26.23 27.54 28.92 30.37 1,812.71 1,903.34 1,998.5 2,098.441 2,203.36 2,313.53 2,429.20 25 81 16 3 33 15 81 3,927.54 4,123.92 4,330.1 4,546.62 4,773.95 5,012.65 5,263.28 2 1920 Senior Management Analyst 23.09 24.24 25.45 26.73 28.06 29.46 30.94 1,846.92 1939.27 2,036.2 2,138.04 2,244.95 2,357.19 2,475.05 3 4,001.67 4,201.75 4,411.8 4,632.43 4,864.05 5,107.25 5,362.62 4 1987 Associate Planner 23.73 24.92 26.17 27.47 28.85 30.29 31.81 Associate Engineer 1,898.67 1,993.60 2,093.2 2,197.953 2,307.85 2,423.24 2,544.40 47 84 89 3 10 35 57 Executive Assistant 4,113.80 4,319.48 4,535.4 4,762.23 5,000.34 5,250.36 5,512.88 6 Senior Accountant 31 1990 Network/GIS Engineer 25.51 26.79 28.13 29.53 31.01 32.56 34.19 Senior Planner 2,041.07 2,143.12 2,250.2 2,362.799 2,480.93 2,604.98 2,735.23 52 89 85 6 96 66 59 4,422.33 4,643.45 4,875.6 5,119.40 5,375.37 5,644.14 5,926.34 4,773.93 5,012.63 2 5,526.42 5,802.74 6,092.88 1995 Public Information Manager 27.54 28.92 30.36 31.88 33.48 35.15 36.91 2,579.33 2,203.35 2,313.52 2,429.1 2,550.656 2,678.18 2,812.09 2,952.70 60 28 04 96 3 91 85 35 5,867.99 4,773.93 5,012.63 5,263.2 5,526.42 5,802.74 6,092.88 6,397.52 6 2319 Assistant to the City Manager 27.69 29.08 30.53 32.06 33.66 35.34 37.11 City Clerk 2,215.43 2,326.20 2,442.52 2,564.64 2,692.87 2,827.52 2,968.89 76 95 00 60 83 22 83 Senior Engineer 4,800.11 5,040.12 5,292.13 5,556.73 5,834.57 6,126.30 6,432.61 2571 Deputy Public Works Director 30.71 32.24 33.85 35.55 37.32 39.19 41.15 Planning Manager 2,456.51 2,579.33 2,708.30 2,843.71 2,985.90 3,135.19 3,291.95 05 60 28 79 38 90 90 5,322.44 5,588.56 5,867.99 6,161.39 6,469.46 6,792.93 7,132.58 7 Schedule C Effective 12/26/04 City of Diamond Bar Salary Ranges By Position FY 2004-2005 executive management (Exempt) Positions (Job Classifications 2900-3999) RANGE JOB TITLE A B C D E F G 2985 City Engineer/Public Works 35.65 37.44 39.31 41.27 43.34 45.50 47.78 Director Comm. Development Director 2,852.30 2,994.91 3,144.66 3,301.89 3,466.99 3,640.34 3,822.36 43 95 55 88 37 34 06 Community Services Director 6,179.99 6,488.99 6,813.44 7,154.11 7,511.82 7,887.41 8,281.78 Finance Director Information Systems Director 3172 Assistant City Manager 37.89 39.78 41.77 43.86 46.05 48.36 50.77 3,031.03 3,182.58 3,341.71 3,508.79 3,684.23 3,868.44 4,061.87 10 26 17 73 72 90 15 6,567.23 6,895.60 7,240.38 7,602.39 7,982.51 8,381.64 8,800.72 City of Diamond Bar Salary Ranges By Position FY 2004-2005 Schedule D Effective 12/26/04 PART-TIME HOURLY: NON -BENEFITED POSITIONS (Job Classifications 500 - 899) RANG JOB TITLE A B C D E F G E 515 Community Services Worker 7.27 7.64 8.03 8.43 8.84 9.29 9.75 537 Community Services Leader I 7.95 8.34 9.00 9.61 10.25 10.88 11.44 753 Community Services Leader II 8.99 9.61 10.25 10.88 11.54 12.19 12.83 Intern 10.88 11.44 953 Community Services Leader II 8.99 9.61 10.25 10.88 11.54 12.19 12.83 Parks Maintenance Helper 19.88 20.87 21.91 23.01 Officer 770 Parks Maintenance Helper II 12.39 13.02 13.66 14.34 15.07 15.81 16.61 775 Community Services Coordinator 13.63 14.30 15.02 15.78 16.55 17.39 18.25 Public Information Specialist 800 Engineering Aide 15.01 15.76 16.54 17.38 18.25 19.16 20.12 Schedule E Effective 12/26/04 PART-TIME HOURLY: BENEFITED POSITIONS (Job Classifications 900 - 999) RANGE )OB TITLE A B C D E F G 937 Community Services Leader I 7.95 8.34 9.00 9.61 10.25 10.88 11.44 953 Community Services Leader II 8.99 9.61 10.25 10.88 11.54 12.19 12.83 987 Neighborhood Improvement 17.17 18.02 18.93 19.88 20.87 21.91 23.01 Officer I Agenda # 6. 10 Meeting Date: April 5, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve a 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 Modifications Project in the Amount of $6,000.00, and Authorize a Contingency Amount of $1,000.00 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $7,000.00. RECOMMENDATION: Approve the contract amendment. FINANCIAL IMPACT: As part of the mid -year budget amendment, these two (2) signals were incorporated into the Capital Improvements Projects and approved by Council. Proposition C Funds in the amount of $40,000 for each intersection was appropriated for a total of $80,000. The $7,000.00 will be used for the preparation of the Plans, Specifications and Estimates with $73,000 remaining for construction. BACKGROUND: The residents of the neighborhoods bounded by Brea Canyon Road to the west, Ambushers Street to the north, and Falcon Ridge Road to the east have raised their concerns over access into their neighborhood from the intersection of Brea Canyon Road and Silver Bullet Drive. This is a signalized intersection, however there is no protected left -turn signal for southbound Brea Canyon Road. In a recent count, over 8,500 vehicles travel northbound on Brea Canyon Road in a 24-hour period. Nearly 2,500 vehicles travel this road during the hours of 4:45 and 6:45 p.m. The residents attempting to turn left from southbound Brea Canyon Road onto Silver Bullet Drive face a steady line of vehicles during the peak hours. The modifications to the traffic signal would include a protected left turn. Additionally, the intersection of Diamond Bar Boulevard and Mountain Laurel Way was previously identified as one of the intersections in need of signal modifications. Currently, there are no protected left turn signals for the residents exiting Mountain Laurel Way. These modifications would include protected left turn signals as well as pavement striping to better utilize the street width to accommodate dedicated left and right turn lanes for eastbound Mountain Laurel Way (traveling downhill from Spruce Tree Drive to Diamond Bar Boulevard). This intersection is heavily congested during the morning and afternoon school drop-off and pick-up times and the modifications will enable better flow of traffic resulting in an efficient means of accessing the arterial. By combining these two intersections as one project, we can take advantage of the economy of scale, and may realize some savings. DISCUSSION: Warren C. Siecke is the City's primary traffic and transportation on-call consultant. In response to staff's request, Mr. Siecke submitted a proposal to provide the required traffic engineering services required for both projects. The scope of services will include design, drafting of plans, and preparation of contract specifications and estimates for construction of the traffic signal modifications, striping and signage. The project schedule is tentatively set as follows: Start Project Design Complete Design Award Construction Start Construction Construction Completion PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY: David G. Liu, Director of Public Works April 6, 2005 May 5, 2005 June 7, 2005 June 17, 2005 August 17, 2005 Date prepared: March 21, 2005 James DeStefano, Assistant City Manager Attachment: Warren C. Siecke's Proposals, dated March 10, 2005 2 Agenda # 6.11 Meeting Date: April 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF COST SHARING AGREEMENT FOR THE STATE ROUTE 57/60 INTERCHANGE IMPROVEMENTS FEASIBILITY STUDY RECOMMENDATION: Approve and authorize the Mayor to execute the agreement. FINANCIAL SUMMARY: The estimated cost for the feasibility study is $200,000. In FY 2004-2005, $50,000 has been appropriated by the City Council from previously traded Prop A funds for the SR 57/60 Interchange Improvements Feasibility Study. Additionally, $50,000 and $100,000 will be funded by the City of Industry and Los Angeles County Metropolitan Transportation Authority (MTA), respectively. BACKGROUND/DISCUSSION: The Los Angeles County Metropolitan Transportation Authority (MTA) is responsible for administering/programming a number of different federal, state, and locally enacted transportation programs to improve mobility, reduce congestion, and to assist in the improvement of air quality. As such, MTA will be conducting a focused feasibility study of the State Route 57/60 Interchange to help guide the MTA and Caltrans in targeting viable alternatives and crafting a more detailed scope of analysis for a comprehensive study in the future (i.e., Project Study Report). The feasibility study will examine such areas as: • Future traffic projections (year 2030) including the mix of automobiles vs. trucks; • Different technical solutions that might be feasible within the current right-of-way, or those that might require additional right-of-way; • Potential impacts to existing operations along the interchange; • Potential right-of-way impacts; and • Rights-of-way and construction cost estimates of the various alternatives. A more detailed Study Fact Sheet/Outline is incorporated in the agreement as Attachment "A". Tentatively, the project schedule is as follows: • Issue RFP — Spring 2005 • Award Contract — Summer 2005 • Complete Study — Summer 2006 PREPARED BY: David G. Liu REVIEWED BY: Jim DeStefano, Assistant City Manager Date Prepared: March 22, 2005 Attachments: MTA Cost Sharing Agreement 2 CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.12 Meeting Date: April 5, 2005 AGENDA REPORT FROM: Linda C. Lowry, City Manager TITLE: RESOLUTION NO: 2005 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE 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 OF DIAMOND BAR RECOMMENDATION: Adopt BUDGET IMPLICATION: All expenditures associated with the CDBG Program are funded through the City's yearly CDBG Grant allocation. BACKGROUND: The City has been a participating city in the Los Angeles Urban County Community Development Block Grant (CDBG) Program since July 1991. Every three years, the Los Angeles Community Development Commission (CDC) requires that participating cities enter into a Cooperation Agreement. The current agreement will expire June 30, 2006. In accordance with U. S. Department of Housing and Urban Development (HUD) regulations, the City must decide and notify the CDC by May 5, 2005 of the City's decision to remain a participating City for the 2006-2008 funding cycle commencing July 1, 2006 and ending June 30, 2009. CDBG projects funded by the City of Diamond Bar include an allocation of 15% toward Public Service projects, 75% toward Public Works and 10% for overall general administration. Currently, CDBG funding is provided for Senior Programming, YMCA Child Care, YMCA Day Camp, Paint the Town, Home Improvement Program, Sidewalk Installation ADA Compliance, ADA Park Retrofit, and Program Administration. As a participant in the Los Angeles Urban County Program, the City retains control over funding decisions for the use of CDBG funds subject to CDBG Program regulations. The City is allowed to allocate ten per cent (10%) of the annual CDBG allocation for general program administration which is approximately $40,000 each year. CDBG program administration is currently provided by City staff with the assistance of a consultant to prepare the annual program summaries, financial requisitions, quarterly performance reports, sub -recipient monitoring, prevailing wage monitoring, and to ensure compliance with Federal requirements and guidelines. The County provides staff resources and assistance to the participating cities including preparation of the Consolidated Five -Year and Annual Plans and Annual Grantee Performance Report, oversight of the Integrated Disbursement and Information System (IDIS) and IDIS Reports, support for CDBG/HUD environmental review and clearances, CDBG program training, and assistance with monitoring and audits. The County provides these services for ten per cent (10%) of the City's CDBG allocation (approximately $40,000). Community Development Block Grant entitlement communities are designated as cities in a metropolitan statistical area, cities with populations of at least 50,000 and qualified urban counties with populations of at least 200,000. The City of Diamond Bar qualifies as an entitlement city, and is eligible to apply for CDBG funds directly from HUD. As an entitlement community, the City would be responsible for all of the HUD planning, reporting and compliance requirements. DISCUSSION: The Los Angeles County Community Development Commission has invited the City to continue its participation in the Urban County CDBG Program for another three year period. However, the CDC has also informed the City of the possibility that the CDBG Program will be discontinued after June 30, 2006. CDC and the participating cities in the Urban County Program have been working diligently in the past several weeks with local, State and federal representatives to ensure the future continuation of the CDBG Program. Should the City of Diamond Bar decide to become an entitlement city, the City would be allowed to use twenty per cent (20%) of the CDBG allocation for administration expenses. However, there would be an increase in reporting requirements and regulations that the City would be responsible to administer. The entitlement cities typically hire CDBG staff to administer the day to day activities of the program as well as consultants to assist with the CDBG planning and reporting requirements. In addition, the City would be assigned a HUD Program Manager to monitor the City's performance and provide training and technical assistance. If the City were to become an entitlement city, the annual CDBG allocation could increase or decrease based on the national CDBG funding pool. HUD determines the amount of each entitlement grant by a formula using measures of community needs including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas. Should the City remain in the Urban County CDBG Program, the City would remain eligible to participate in other programs administered by the County CDC. The City would be eligible to continue its participation in the County's HOME Program which includes a Single Family Rehabilitation Program and a First Time Homebuyer's Program. Additionally, the City may participate in the Mortgage Credit Certificate Program. Furthermore, the County often provides additional assistance to the cities by undertaking County -funded or jointly funded community development activities within the local jurisdictions. These services are provided at no additional cost to the City. It is recommended that the City of Diamond Bar continue its participation with the County CDBG Program. The City's annual CDBG allocations have ranged from $388,000 to $445,000 over the past three years. If the City becomes an entitlement City, there are no assurances that the annual CDBG allocation would increase significantly. However, it is certain that there are additional responsibilities and requirements for an entitlement city which would necessitate an increase in staff time and costs. It is most cost effective to participate in the County CDBG Program at this time. Prepared by: James DeStefano Assistant City Manager Attachments: Resolution No. 2005 -XX Cooperation Agreement CDBG Bulletins CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.13 Meeting Date: April 5, 2005 AGENDA REPORT TITLE: RENEWAL OF THE COUNTY OF LOS ANGELES GENERAL SERVICES AGREEMENT RECOMMENDATIONS: It is recommended that the City Council renew the General Services Agreement with the County of Los Angeles for the period from July 1, 2005 to June 30, 2010. FISCAL IMPACT: There is no fiscal impact to the City directly associated with the renewal of the General Services Agreement. The City incurs expenses only for specific services requested from the County such as law enforcement services through a contract with the Los Angeles County Sheriff's Department. BACKGROUND / DISCUSSION: The General Services Agreement between the City of Diamond Bar and the County of Los Angeles is a document that is general in nature and simply provides authority to the County to provide services as formally requested by the City. Renewing this agreement does not authorize the expenditure of funds for any specific service. Any request for a specific service that requires expenditure of City funds would require additional authorization. Services provided by the County include many basic services such as predatory animal control (i.e. coyotes), city prosecutor's services, and a wide range of public works activities. Under the current General Services Agreement with the County (2000-2005), Diamond Bar has requested County assistance with a wide assortment of services, including the following: • Weed Abatement • Direct Assessments Collections • Assumption of Liability Agreements • City Prosecution Services • Fire Suppression Services • Enforcement of Health Ordinances • Library Services • Industrial Waste Services • Underground Storage Tanks • Sheriff's Department Services • General Public Works Services The renewal of this agreement will ensure the continuation of basic services currently provided by the County and will leave Diamond Bar with the option of augmenting services in the future. The General Services Agreement has been reviewed and approved by the City Attorney. Prepared by: Ryan McLean, Senior Management Analyst Attachment Reviewed by: David Doyle, Assistant City Manager 1. General Services Agreement with County of Los Angeles CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.14 Meeting Date: April 5, 2005 AGENDA REPORT TITLE: APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS RECOMMENDATIONS: The Legislative Subcommittee recommends that the City Council approve the proposed responses to the legislative items identified below. FISCAL IMPACT: There is no fiscal impact to the City based on the approval of these actions. BACKGROUND / DISCUSSION: The Legislative Subcommittee meets with staff on a regular basis to discuss and analyze proposed legislation and its effects on the City. The subcommittee has recommended action be taken on the following pieces of legislation: AB 194 (Dymally) - Amends the Brown Act by removing the 30 day window for cities to correct violations in good faith prior to the commencement of litigation. Opposed by the California League of Cities. Recommended Action: Oppose The attached letter of opposition will be sent to Assemblyman Dymally, Assemblyman Huff, Senator Margett, Joe A. Gonsalves & Son, and the California League of Cities. AB 260 (Bermudez) - Mandates conformity to specific fire department response times and staffing levels, dramatically increasing local fire protection staffing costs for the City. This bill is a revival of AB 2406, which was opposed by the City Council in a 2004 resolution. Opposed by the California League of Cities. Recommended Action: Oppose The attached letter of opposition will be sent to Assembly Bermudez, Assemblyman Huff, Senator Margett, Joe A. Gonsalves & Son, and the California League of Cities. Mt. San Antonio College Board Reorganization - A petition filed with the Los Angeles Committee on School District Organization proposes to increase the number of seats on the Mt. San Antonio College Board of Trustees from five (5) to seven (7) and establish trustee areas within the college district. Opposed by the Mt. SAC Board of Trustees Resolution No. 04-09 and Mt. SAC President Christopher O'Hearn. Recommended Action: Oppose The attached letter of opposition will be sent to Daniel G. Villanueva, Secretary of the L.A. County Committee on School District Organization as well as the Los Angeles division of the California League of Cities. SB 148 (Scott) — Authorizes local jurisdictions to amortize, terminate, or impose conditions on businesses, particularly liquor stores, that are not currently subject to local zoning regulations. Support for this bill was requested by City of Pasadena Mayor Bill Bogaard. Recommended Action: Watch 710 Freeway Gap Closure — Mike Ten, Mayor of South Pasadena, has requested support for a tunneling alternative to a surface freeway as the preferred solution to the 710 Freeway gap closure project. Recommended Action: Support Gap Closure Project in its most financially feasible form. The attached letter of support will be sent to South Pasadena Mayor Mike Ten Please find additional information regarding the above issues in the attached Legislative Subcommittee Watch List. Prepared by: Ryan McLean, Senior Management Analyst David Doyle, Assistant City Manager Attachments: 1. Legislative Subcommittee Watch List — 3.31.05 2. Letter of opposition to AB 194 (Dymally) to Assemblyman Dymally, Assemblyman Huff, Senator Margett, Joe A. Gonsalves & Son, and the California League of Cities. 3. Letter of opposition to AB 260 (Bermudez) to Assemblyman Bermudez, Assembly Huff, Senator Margett, Joe A. Gonsalves & Son, and the California League of Cities. 4. Letter of opposition to the proposed reorganization of the Mt. SAC Board of Trustees to Daniel G. Villanueva, Secretary of the L.A. County Committee on School District Organization, and the L.A. Division of the California League of Cities. 5. Letter supporting the 710 Freeway gap closure project in its most financially feasible form sent to Mike Ten, Mayor of South Pasadena. Legislative Subcommittee Watch List 3.31.05 Bill Author Description Potential Impacts Status Recommend. Requires California Fire Depts to prepare a report that AB Dymally Removes the opportunity for Cities to Encourages litigation and may Referred to Oppose 194 compares state response times and staffing levels Committee committee 3/30/05 Draft letter of ment make "good faith" efforts Brown Act force legal action against cities. on Local Gov't. 2/3/05. Draft letter of of any legal action. city govt based on constant violations prior to the commence threat of litigation. Committee This bill is a reintroduction of last session's AB 2406 which was opposed in a council reso. and by the CA League of Cities. SB Scott Amends code to allow cities to establish reasonable Currently, cities can only Committee for Watch 148 AB Bermudez Requires California Fire Depts to prepare a report that This bill would increase fire staff Re-referred back to Oppose 260 change compares state response times and staffing levels costs and sets response time committee 3/30/05 Draft letter of ment May risk future decisions of apposition of any legal action. city govt based on constant LA County threat of litigation. Committee AB Bermudez Requires California Fire Depts to prepare a report that This bill would increase fire staff Re-referred back to Oppose 260 change compares state response times and staffing levels costs and sets response time committee 3/30/05 Draft letter of to those at the national level according to and other standards that are apposition FEMA statistics nearly impossible for smaller LA County cities to match. Committee This bill is a reintroduction of last session's AB 2406 which was opposed in a council reso. and by the CA League of Cities. N/A N/A Petition filed with LA County Committee on School May increase insurance, election Committee meeting Oppose 7 change District Organization to increase number of seats on and monthly compensation costs 4/6/2005 Draft letter of Mt. San Antonio College Board of Trustees from five taking resources from supplies, opposition to to seven. teaching, etc. LA County of special tax increases at the Committee ACA Nation Proposes a constitutional amendment that would May give local government greater No recent activity Watch 7 would allow local agencies to impose a special tax flexibility in obtaining special with the approval of 55% of voters rather than 2/3. funds needed for services. Would become a ballot measure. Opens door for easier passage of special tax increases at the local level. SUPPORTED BY LA LEAGUE OF CITIES amortization periods and termination of, or imposition of conditions on legal nonconforming uses pursuant to, a validly enacted zoning ordinance. These provisions would now apply to liqour stores which had operated prior to the effective date of the zoning ordinance. CITY OF PASADENA HAS REQUESTED SUPPORT Also see AB 744 (Orooeza) regarding the same issue enforce zoning ordinances that were in effect when a licensee secured a license This bill would allow cities to pass new ordinances and enforce them on premises that had been exempt. Provides for greater local control and law enforcement capabilities. May become a constitutional issue Gov't Organization Hearing 4/12/05 N/A N/A The City of South Pasadena has requested our support While the project may have positive Draft letter of the tunnel soulution for the 710 gap -closure project. impacts on the region's traffic supporting 710 concerns, tunneling is extremely project in its expensive. The most financially most financially feasible project should be feasible form. considered. April 1, 2005 Assemblyman Mervyn M. Dymally California State Capitol P.O. Box 942849 Sacramento, CA 94249-0052 RE: City of Diamond Bar Opposition to AB 194 Dear Assemblyman Dymally: Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, AB 194, which proposes major amendments to the Ralph M. Brown Act. The subcommittee recommended to the full City Council that they oppose AB 260. Subsequently, on April 5, 2005, the Diamond Bar City Council voted unanimously to oppose AB 194 (Dymally). By closing the 30 day window of correction, AB 194 eliminates the ability of an agency to make "good faith" efforts to correct alleged Brown Act violations that may have occurred inadvertently, even if it is in the best interest of the public. The bill also removes the 90 day timeframe for alleged violation notification, subjecting cities to an indefinite period in which violations may be alleged, risking the future decisions of our City Council and staff, particularly when expenditures and contract negotiations are involved. Cities will now be faced with the constant threat of frivolous litigation by individuals interested in monetary gain, when the best interest of our residents lies in promptly correcting the alleged violation. AB 194 will encourage litigation and result in less efficient local government. The City of Diamond Bar joins the California League of Cities in fundamentally opposing this bill. Respectfully, Wen P. Chang Mayor CC: City Council/CM/ACM's Assemblyman Bob Huff Senator Bob Margett Joe A. Gonsalves & Son California League of Cities • Page 7 April 1, 2005 Assemblyman Rudy Bermudez California State Capitol P.O. Box 942849 Sacramento, CA 94249-0056 RE: City of Diamond Bar Opposition to AB 260 Dear Assemblyman Bermudez: April 1, 2005 Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, AB 260, in regards to fire response time and safety. The subcommittee recommended to the full City Council that they oppose AB 260. Subsequently, on April 5, 2005, the Diamond Bar City Council voted unanimously to oppose AB 260 (Bermudez). AB 260 would mandate specific response times, staffing levels, and reporting procedures that are virtually impossible to meet. This one -size -fits -all policy is not fiscally feasible in cities, counties, or special districts, and could result in major budgetary implications at the state and local level. Since AB 260 represents a State mandated requirement, potential fiscal impacts to local and State budgets are increased. It is estimated that an additional $7.2 million per year from the State General Fund would be necessary to cover state - reimbursable costs to local fire departments affected by the bill and to pay for the compilation and analysis of data collected for publication. In addition, the bill creates a perception of increased liability for cities, counties, and special districts. AB 260 places a major burden on the facilities, personnel, and financial concerns of cities, counties, and special districts. The City of Diamond Bar joins the California League of Cities in fundamentally opposing this bill. Sincerely, 60kx"'P. 1� C�� Wen P. Chang Mayor CC: City Council/CM/ACM's Assemblyman Bob Huff Senator Bob Margett Joe A. Gonsalves & Son California League of Cities • Page 8 April 1, 2005 Los Angeles County Committee on School District Organization Daniel G. Villanueva, Secretary Los Angeles County Office of Education 9300 Imperial Highway Downey, CA 90242-2890 RE: Opposition to Proposed Mt. SAC Board Reorganization Plan Dear Mr. Villanueva: April 1, 2005 Recently, the Diamond Bar City Council Legislative Subcommittee met to review the petition proposing a reorganization plan to increase the seats on the Mt. San Antonio College Board of Trustees from five (5) to seven (7). The subcommittee recommended to the full City Council that they oppose this petition. Subsequently, on April 5, 2005, the Diamond Bar City Council voted to oppose the proposed addition of two seats to the Board. A reorganization plan that includes additional Board members increases compensation, insurance, and election costs across the board, taking valuable resources from classroom budgets. To ensure that our education system remains strong during the current California budget crisis, it is essential that fiscal responsibility be exercised when proposing such important adjustments. Additionally, we do not believe that modification of the current structure will enhance the effectiveness of the Board or improve service to our students. The existing model has remained effective over 59 years of management, and still maintains a wide representation of our region's diverse backgrounds and interests. The City of Diamond Bar urges you to oppose the changes outlined in the petition and requests that the current structure of the Mt. San Antonio College Board of Trustees be maintained. Respectfully, 6,tS p. c Wen Chang Mayor CC: City Council/CM/ACM's Christopher O'Hearn, Ph.D., President Mt. San Antonio College California League of Cities — Los Angeles Regional Division • Page 9 April 1, 2005 Mayor Mike Ten City of South Pasadena 1414 Mission Street South Pasadena, CA 91030 RE: 710 Freeway Gap Closure Project April 1, 2005 Dear Mayor Ten: Recently, the Diamond Bar City Council Legislative Subcommittee met to discuss your request for our support of a tunneling alternative to the 710 Freeway gap closure project. The subcommittee recommended to the full City Council that they support the completion of the 710 Freeway, but only in its most financially feasible form. Subsequently, on April 5, 2005, the Diamond Bar City Council voted to support the project with such fiscal responsibility in mind. The mitigation of traffic congestion is very important to the Diamond Bar City Council. As the main arterial leading from the ports of Los Angeles and Long Beach, the 710 Freeway serves as a main shipping route for the delivery of goods throughout California and the United States. Due to the high volume of traffic on this unfinished route, our highways throughout the region face ever increasing congestion. The completion of the gap closure project in any form would help to ease some of the gridlock on the region's freeways, including those in our city. While a tunneling alternative may be an attractive option, we have concerns about the financial feasibility of the project. The high expense of tunneling projects require massive funding sources, which are difficult to secure in this time of tight state and federal budgets. We believe all options should remain open to increase the possibility that this project secures funding for completion. The improvement of our transportation corridors is a challenge that leaders throughout our region face. We look forward to working with you on this important issue to improve traffic conditions for Southern California's residents and businesses. Sincerely, GcStwy7, c Wen P. Chang • Page 10 CC: City Council/CM/ACM's April 1, 2005 Agenda # 6.15(a) Meeting Date: April 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AMEND THE 2004/2005 ANNUAL CITY BUDGET TO APPROPRIATE ADDITIONAL FUNDS IN THE AMOUNT OF $690,000 FOR PHASE ONE OF THE GRAND AVE. BEAUTIFICATION/BETTERMENT PROJECT RECOMMENDATION: Appropriate additional funds. FINANCIAL SUMMARY: The following table describes funds allocated in Fiscal Year (FY) 04/05 Budget, Proposed Adjustments and the recommended Final Budget Appropriations: 2004/2005 Proposed Final Adjusted Source of Funds Budget Adjustments Appropriations General Fund: City Contribution $340,260 $202,232 $542,492 Lewis Contribution to be rec'd in 2005/6 -0- 1,197,928 1,197,928 a Special Funds: MTA Prop. C Funds None (b) 300,000 (b) 300,000 (b) b L.A. Co. Aid to Cities 69,000 None 69,000 Trans. Develop. Act 180,580 None 180,580 Fed. Surface Trans. Program Local (c) 760,160 (c) (760,160) (c) None(c) Lewis Retail Centers' 250,000 (a) (250,000)(a) -0-(a) Contribution (a) Total Project Cost W/ Const. Mngmt. $1,600.000 $690,000 $2,290,000 (a) Pursuant to the Development Agreement with Lewis for the Grand/Golden Springs project, the City will be reimbursed for these costs by the developer later in 2005/6. To award the construction contract at this time, we must appropriate an amount equal to the Lewis Development Contribution, $1,197,928, as a Transfer Out from the General Fund to the Capital Improvement Fund. This amount will be budgeted as Developer Contribution to the General Fund revenues in 2005/6. (b) Prop. C Funds are available to replace a portion of the Federal Surface Transportation Program Local Funds which are proposed to be saved for a future use in item (c) below. (c) The Federal Surface Transportation Program Local (STP -L) Funds will not be utilized for the construction of Phase I but will be saved for Phase Two or Three. Future contributions to be collected from the developer will cover more than half (52%) of the cost of Phase One. BACKGROUND/DISCUSSION: The Grand Avenue Beautification Project will have a tremendous impact on the quality of life for Diamond Bar residents. The modifications to the traffic signals will move motorists through this area more efficiently. The treatments to the street and the visual enhancements to the roadway, parkways, and medians will create an ambiance and entry statement that will parallel the Brea Canyon Beautification Project. The City contracted with DL & A to prepare plans, specifications and estimates for the project. The project scope consisted of improvements to the existing center median islands, architectural treatment and aesthetic enhancement to the roadway and intersections. The median modifications will include replacement of existing irrigation system, landscaping, planting and concrete improvements. Included in the project will also be traffic safety enhancements such as installation and/or modification of traffic signals, striping, drainage improvements and street reconstruction. The project team has been working with the Diamond Bar Village project team (Lewis Development) on a mixed-use development located at the southeast corner of Grand Avenue and Golden Springs Drive. The project so includes a right -turn lane from northbound Golden Springs Drive to eastbound Grand Avenue, widening of Grand Avenue adjacent to the Diamond Bar Village Project, traffic signal installation/modification to mitigate the impact of increased traffic as a result of the Diamond Bar Village Project. With the completion of the plans and specifications, the project was advertised for bids in March 2005. On March 24, 2005, the City received eight (8) bid proposals. The lowest responsive bid came in at $1,921,000 and with contract administration, inspection, surveying, project dontingencies and other services, the Phase One project is estimated to require $2,290,000. Future Phases will be funded with the saved STP -L Funds plus the next year's apportionment which will bring the total to $935,845 and with Federal Funds awarded through the efforts of Congressman Gary Miller which have been announced to total $2.6 million. F% 11.4 JOTITZ4 0 0 2 Fred Alamolhoda, Senior Engineer REVIEWED BY: David G. Liu, Director of Public Works Date prepared: March 28, 2005 James DeStefano, Assistant City Manager Agenda # 6.15(b) Meeting Date: April 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE GRAND AVENUE BEAUTIFICATION/BETTERMENT PROJECT PHASE I IN THE AMOUNT OF $1,921,000.00 TO SEQUEL CONTRACTORS, INC.; AND AUTHORIZE A CONTINGENCY AMOUNT OF $279,000.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $2,200,000.00 RECOMMENDATION: Approve plans and specifications and award the contract on the basis of the lowest responsive base bid. FINANCIAL SUMMARY: As recommended in the preceding staff report which amends the 2004/2005 Capital Improvement Budget, the budget for this project is described as follows: Resources Phase One General Fund: City Contribution $ 542,492 Advance of Lewis Contribution 1,197,928 $1,740,420 Special Funds: MTA -Prop. C 300,000 LA County Aid to Cities 69,000 Transportation Development Act (TDA) 180,580 549,580 Project Funding $2,290,000 Expenditures Phase One Construction $2,200,000 Contract administration, inspection, surveying and other services. 90,000 Project Cost $2,290,000 CONTRACT AWARD DISCUSSION: With the completion of the plans and specifications, the project was advertised for bids in March 2005. On March 24, 2005, the City received the following eight (8) bid proposals. Company Base Bid Amount 1). Sequel Cont. Inc. $1,921,000.00 2). GMC Eng. Inc. $1,945,451.50 3). R.J. Noble Co. $1,949,685.00 4). Gentry Brothers $1,977,925.00 5). Griffith Co. $1,998,620.00 6). Excel Paving $2,024,325.00 7). All Am. Asphalt $2,036,440.00 8). Sully -Miller Co. $2,195,845.00 Sequel Contractors, Inc. submitted the lowest responsible bid. Staff reviewed their bid and verified their State contractor license. They have satisfactorily completed many similar projects for other cities such as EI Segundo, Upland, and Signal Hill in Southern California. The project schedule is tentatively set as follows: Award of Contract April 5, 2005 Start Construction April 25, 2005 Construction Completion July 30, 2005 PREPARED BY: Fred Alamolhoda Date Prepared: March 24, 2005 Senior Engineer REVIEWED BY: David G. Liu, Director of Public Works James DeStefano, Assistant City Manager Attachments: Agreement with Sequel Contractors, Inc. 2 Agenda # 6.15(c) Meeting Date: April 5, 2005 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AMENDMENT NO. 2 TO CONTRACT WITH DEWAN, LUNDIN AND ASSOCIATES FOR THE GRAND AVENUE BEAUTIFICATION/BETTERMENT PROJECT IN THE AMOUNT OF $78,025.00 PLUS A CONTINGENCY AMOUNT OF $11,975.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $90,000.00. RECOMMENDATION: Approve contract amendment. FINANCIAL IMPACT: The funding for this contract is described in the preceding staff report. This contract utilizes the $90,000 which has been set aside for contract administration, inspection, surveying and other services related to Phase One of the Grand Ave. Beautification/Betterment Project. BACKGROUND/DISCUSSION: DLA prepared the plans and specification for this project and will continue to provide services for Phases Two and Three. Consistency will bring added value to the project and contribute toward its timely completion. This firm has successfully completed a number of design projects for the City. PREPARED BY: Fred Alamolhoda, Senior Engineer Date prepared: March 28, 2005 Attachment: Amendment No. 2 to the Consulting Services Agreement Meeting Date: Agenda # 8.1 4/05/05 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 RECOMMENDATION: Adopt Resolution. FINANCIAL IMPACT: 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. DISCUSSION: Staff recommends the following change to the Facility Use Policy: Section IX, VARIANCES, addition of Number 1.vii, (on Page 20): vii. Waiver of fees for Group C-1 (governmental) organizations when it is determined that the use by the Governmental Organization will provide a substantial and measurable benefit to the Diamond Bar community or the event is sanctioned by the City Council through adoption of a Resolution. 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 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 Deputy 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 I, LINDA 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 i Approved by the City Council on April 5, 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 City of Diamond Bar Diamond Bar Center Page 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 groups. C. GROUP C: 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Applications shall be accompanied by proof of liability insurance consistent with the provisions of this Use Policy, a refundable cleaning deposit, and fees per the attached fee schedule. 11. 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. 12. 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. 13. The City reserves the right to cancel a permit issued for any event or activity for its convenience. In the event of such a cancellation, notice shall be given as far in advance as possible and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. VI. ROOMS AVAILABLE FOR USE Banquet Room Use A. Reservation Procedures for Banquet Room Use All potential users shall complete an Application a minimum of 30 days prior to the event. ii. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. iii. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. iv. Fees for reservations made within 30 days of the event must be paid by credit card, cashier's check or cash. 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: i. 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 Diarnond Bar Center a minimum of seven working days prior to the event. iv. A copy of the A.B.C. license must be posted in plain public view near the bar, or other location, where the alcohol is being served. V. Non -Profit Organizations: A one -day alcoholic beverage permit can only be issued to Non-profit organizations and only if the proceeds are going back to that Non -Profit organization. vi. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non -Profit organization, shall not sell alcohol on their own, but must arrange this through a licensed caterer. The caterer must have a License (Type 47 or 48), which enables the caterer to sell beer, wine, & distilled spirits (hard liquor). If the caterer does not have this license the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a private party to sell alcohol on their own. The service of alcohol at any event is limited to a maximum of five (5) hours. K. All alcohol must be distributed from behind a table or a bar by an adult, over the age of 21 who is to be responsible for insuring that no minors are served. L. 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. 8. Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately following activity. The Center reserves the right to remove any remaining items from the premises and have them stored at the owner's expense. If such equipment or supplies are not claimed within two (2) weeks after notice to the applicant/user, the Center reserves the right to dispose of such material in any manner it deems appropriate and retain any proceeds received from such disposal. Any cost to the City, including but not limited to 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 23 below) for appropriate use, fees, and service. 21. Events Not Covered - Special events or requests not covered in this Use Policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A Variance may be required as provided in Section IX. 22. Decorations require prior approval by the Center Director. No signs or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings, or drapes. Decorations must be fireproof. Patio decorations must have prior approval. No rice, birdseed, confetti, or other similar items shall be thrown in or around the facility. Fire and open flame are strictly prohibited without specific, prior approval from Diamond Bar Center Management and the Fire Marshall's written approval and his/her presence at the event while the approved fire or open flame is in use. (User of facility is responsible for all L.A. County Fire Department fees related to the required presence of the Fire Marshall.) The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire 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 parry 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. vii. Waiver of fees for Group C-1 organizations when it is determined that the use by the Governmental Organization will provide a substantial and measurable benefit to the Diamond Bar community or the event is sanctioned by the City Council by adoption of a Resolution. Requests for waiver or discount of fees (other than cancellation fees or for Group C-] organizations) will not be accepted nor considered. ii. Varia will grante upon findin 1) the mstan presen are al and likely recur 2) the of the ce not set prece and 3) varian will detrim to the health safety welfar disrup other 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. Group C-1, C-2 & C-3: Other Governmental 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 immediately surrounding acted upon at the time the nces be d only a g that: circu ces ted unusu not to often; grant varian will a dent; the ce not be ental public or e, or tive to events occurring in the facility at the same time, or to the neighborhood. The request for a variance will be 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-2 & C-3: Other Governmental Agencies, Local School Districts and Local Non-profit Service Groups Room Weekday Rates Weekend Rates Cleaning De osit Grand View Ballroom X. --IM44fty Use]Fee SchMgj4 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 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 *Rental of Entire Grand View Ballroom or 2/3 Grand View Ballroom includes catering kitchen, foyer and patio. 1. Tables and chairs are included in the room rental fee. 2. Replacement fee will be assessed if equipment is damaged or destroyed. 3. Tenet/Users Insurance — This insurance is provided under separate contract with the City's insurer. See attachment "A" for information and fees. Fees are subject to change without advance notice. Fees are passed through to user. 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 /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. R n a 0 2 *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 TV/VCR/DVD $20 Coffee Pot 55 cu $20 Coffee Pot (100 cu) $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 25). 4. If alcoholic beverages are to be served, add $65.65 for each day of the event to the premium amount from page 26. Alcoholic beverages are allowed only at Hazard Class I events, unless approved by the insurance provider. 5. See sample calculations of premiurn on the bottom of page 25. 6. Rates are subject to change without notice. 7. For assistance with or questions about Tenant/User insurance coverage, please contact the Diamond Bar Center Staff at 909.839.7070.