HomeMy WebLinkAbout5/16/2006Tuesday May 16, 2006
5:00 p.m. — Closed Session CC -8
5:30 p.m. — Study Session CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
:Z 1865 Copley Drive
Diamond Bar, CA 91765
Mayor Carol Herrera
Mayor Pro Tem Bob Zirbes
Council Member Wen Chang
Council Member Jack Tanaka
Council Member Steve Tye
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
Council are open to the public and are cablecast live on Channel 3. You are invited to attend
and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda
during the time the item is taken up by the Council. In addition, members of the public may,
during the Public Comment period, address the Council on any consent calendar item or any
matter not on the agenda and within the Council's subject matter jurisdiction. Persons
wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted
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otherwise. The Mayor may adjust this time limit depending on the number of people wishing
to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Council only once on an agenda item,
except during public hearings, when the applicant/appellant may be afforded a rebuttal.
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conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and
are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's
website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the
meeting, in the foyer just outside the Council chambers. The City Council may take action on
any item listed on the agenda.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
May 16, 2006
Next Resolution No. 2006-41
Next Ordinance No. 05(2006)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.9(a) — Pending Litigation -
2 Cases
(1) Diamond Bar v. Southern California Edison LACSCC No.
BC3;i1266
(2) Diamond Bar v. Ratan Hospitality LLC, LACSCC No.
BC351925
STUDY SESSION: 5:30 p.m., Room CC -8
► Discussion of City Manager's Proposed 2006-07 Budget
and Decision Packets
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 Chang, Tanaka, Tye, Mayor
Pro Tem Zirbes, Mayor Herrera
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificate Plaque to Los Angeles County Fire Department
Capt. Claudio Medina
MAY 16, 2006 PAGE 2
1.2 Presentation of Certificates to Senior -Volunteer Nominees Charlotte
Sauter, Diamond Bar Senior Club; Chih Chun Kau, Diamond Age Senior
Club; and Botho Auyang, Evergreen Senior Club for being nominated for
the Older Americans Recognition Award.
1.3 Presentation by ACM/Doyle of Animation Video of the D.B. Library
Concept.
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 com fete a Speaker's Card and give it to the City Clerk
com oletion 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 Neighborhood Traffic Management Program Meeting — May 17, 2006 —
7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave. /Gerndal St.)
Room CC -6, AQ M D/Government Center, 21865 Copley Dr.
5.2 Planning Commission Meeting — May 23, 2006 — 7.00 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.3 Parks and Recreation Commission Meeting — May 25, 2006 — 7:00 p.m.,
Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
5.4 Memorial Holiday Observance — Monday, May 29, 2006 — City Offices will
be closed in observance of the Memorial Holiday. City Offices will reopen
Tuesday, May 30.
5.5 City Council Meeting — June 6, 2006 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
MAY 16, 2006 PAGE 3
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of May 2, 2006 -Approve as submitted.
6.1.2 Regular Meeting of May 2, 2006 — Approve as submitted.
6.2 Ratification of Check Register — Ratify Check Register containing
checks dated May 4, 2006 through May 11, 2006 totaling $1,073,626.11.
6.3 Approve Contract Amendment No. 1 in the Amount of $40,000 with
Norris-Repke for Engineering Support Services for a Total
Authorization Amount of $64,000.
Recommended Action: Approve.
Requested by: Public Works Department
6.4 Adopt Resolution No. 2006 -XX: Denying a Modification to Condition
No. 5.A(3) of Conditional Use Permit No. 2004-01 (Country Hills
Shopping Center) Originally Approved in Resolution No. 2005-60.
Recommended Action: Adopt.
Requested by: Planning Department
6.5 Approval of License Agreement with Nextel Communications to
Develop a Wireless Communication Site at Ronald Reagan Park.
Recommended Action: Approve.
Requested by: City Manager
6.6 Approval of Legislative Subcommittee Recommendations:
(a) Support SB 1431 (Cox) - Permit Cities to Utilize Design -Build
Contracts for Projects Costing $2.5 million or Greater Upon Approval
of Council.
(b) Oppose SB 1777 (Hollingsworth) — Removes the Provision in
Current State Law that Forces Developers to Show a Density Bonus
Waiver is Necessary to Make Units Economically Feasible.
(c) Oppose SB 1404 (Machado) — Requires Cities to Prove Street
Sweeping Occurred on the Date a Related Parking Ticket was Issued.
MAY 16, 2006 PAGE 4
(d) Oppose SB 1778 (Alarcon) — An Almost Identical Measure to the
Now Dead SB 411 (Alarcon), which would have Eliminated Existing
Diversion Credits for Source Separated Greenwaste Alternative Daily
Cover.
(e) Oppose COPE —"The Communications, Opportunity, Promotion,
and Enhancement Act of 2006" (Barton -TX) — If Pasted, the Bill
Would Create a National Franchise to be Overseen by the FCC for all
Video Services Providers.
Requested by: Legislative Sub -Committee
6.7 (a) Appropriate $412,173 from Prop. C Fund Reserve Transfer to
the Capital Improvement Program Budget; Approve Plans
and Specifications; Award Construction Contract in the Amount of
$912,673 to Macadee Electrical Construction; and Authorize a
Contingency Amount of $90,000 for Contract Change Orders to be
Approved by the City Manager, for a Total Authorization Amount of
$1,002,673, for Construction of Left -Turn Traffic Signals at Brea
Canyon Rd./Silver Bullet Dr., Diamond Bar Blvd/Shadow Canyon Dr.,
Diamond Bar Blvd./Mountain Laurel Way, Diamond Bar Blvd./
Highland Valley Rd., Diamond Bar Blvd./Grand Ave., and
Golden Springs Dr./Prospectors Rd., and New Traffic Signal
Installation on Grand Ave. at Cahill Street, and at Cleghorn Dr.
Recommended Action: Award.
(b) Approve Contract Amendment with Warren C. Siecke
Transportation and Traffic Engineering for Construction Inspection
Services in the Amount of $72,000 Plus a Contingency Amount of
$8,000 for Change Orders to be Approved by the City Manager, for a
Total Authorization Amount of $80,000, for the Construction of
Left -Turn Traffic Signals at Brea Canyon Rd./Silver Bullet Dr.,
Diamond Bar Blvd./Shadow Canyon Dr., Diamond Bar Blvd.
/Mountain Laurel Way, Diamond Bar Blvd./Highland Valley Rd.,
Diamond Bar Blvd./Grand Ave., and Golden Springs Dr./Prospectors
Rd. and New Traffic Signal Installation on Grand Ave. at Cahill Street,
and at Cleghorn Dr.
Recommended Action: Approve.
Requested by: Public Works Department
MAY 16, 2006 PAGE 5
7. PUBLIC HEARINGS: 7;00 p.m., or as soon thereafter as matters may be heard
7.1 Public Hearing — Adopt Resolution No. 2006 -XX: Approving
Tentative Parcel Map No. 061702 (Target Development) for a Three
Lot Subdivision Located West of Grand Ave. and South of Golden
Spgs. Dr., (APN Nos. 8293-045.006, 8293-045-007, 8293-045-008 and
8293-045-009).
Recommended Action: Open the Public Hearing, Receive Testimony,
Close the Public Hearing and Adopt.
Requested by: Planning Commission/Planning Department
8. COUNCIL CONSIDERATION:
8.1 (a) Adopt Resolution No. 2006 -XX: Rescinding Resolution No. 93-
66D and Establishing the Park, Athletic and Facility Use Policies and
Procedures; Set the Public Hearing for Consideration of Proposed
Park Facility Fee Increases on June 6, 2006 at 7:00 p.m.
Recommended Action: Adopt and set Public Hearing.
Requested by: Parks and Recreation Commission/Community Services
Department
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MAY 2, 2006 DRAFT
STUDY SESSION: Mayor Herrera called the Study Session to order at
5:33 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye and Mayor
Herrera. Mayor Pro Tem Zirbes was excused.
Also Present: David Doyle, Assistant City Manager; Michael Jenkins, City Attorney;
David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy
Fong, Interim Community Development Director; Kim Crews, Human Resources
Manager; Ryan McLean, Senior Management Analyst; Linda Magnuson, Finance
Director; Susan Full, Senior Accountant; Isaac Aziz, Network/G1S Engineer and
Tommye Cribbins, City Clerk. Linda Lowry, City Manager arrived at 5:56 p.m.
► Discussion of City Manager's Draft 2006-07 General Fund Budget
► Council's FY 2006-07 Goals and Objectives
1) COUNCIL'S FY 2006-07 GOALS AND OBJECTIVES
M/Herrera asked if this matter could be discussed at a future study session when
MPT/Zirbes was available and ACM/Doyle responded that there was sufficient
time to discuss the draft at a future study session prior to the Council taking
action in June.
2) DISCUSSION OF CITY MANAGER'S DRAFT 2006-07 GENERAL FUND
BUDGET.
FM/Magnuson gave an overview of the initial proposed budget and pointed out
that there were a number of decision packages that had not yet been included.
Revenues are estimated at $20,182,310 for FY 2006-07 and included in that
amount is $715,850 for economic development. The sales tax revenue was
increased slightly to include Target from October 2006. Revenue from "other
agencies" is down significantly because in FY 2005-06 the City sold Proposition
A funds and received about $240,000 in HUD monies for the Diamond Bar
Center, a one-time revenue item. Current service charges are higher primarily
due to including estimates for developer fees related to the Target and Brookfield
Homes projects.
ICDD/Fong responded to M/Herrera that the door charge for Brookfield Homes
was conservatively estimated for 30 homes. According to Brookfield they
propose to close escrow on 66 single-family homes by June 2007.
MAY 2, 2006 PAGE 2 CC STUDY SESSION
FM/Magnuson continued that the current draft includes estimated appropriations
of $18,568,535 which includes adjustments for personnel cost increases (4.5%
COLA); benefit enhancements (increases to life, accidental death and
dismemberment and dental insurance); increase in auto allowances for City
Council from $250 to $300 per month, Executive Management to $250 per month
and Exempt Management $120 per month. She noted that CM/Lowry was not
included because she has a separate contract. The benefit allotment has been
increased by $50 per month. The transfer out to CIP is $1,701,692. Staff intends
to present the CIP program to the City Council at its next budget study session.
General Fund Reserves at the end of FY 2006-07 are estimated to be
$23,340,507.
ACM/Doyle assured M/Herrera that with the estimated increases the City would
not be touching its reserves in order to balance the budget. Several decision
packages are under consideration, but it is staff's goal to present a balanced
budget.
ACM/Doyle referred Council to Page 21 of the budget. ACM/Doyle pointed out
that the increase related to the increase in the auto allowances. The most
significant downturns were in salaries because last year during the election there
was a portion of time when two Council Members overlapped for salaries and
benefits. The big increase is in Special Legal Services (Page 24) due to a
number of special enforcement services anticipated by the City's Prosecutor. In
addition, there is a $50,000 set aside for updating and refining the City's
Municipal Code.
ACM/Doyle pointed out that the big change in the City Manager's budget (Page
25) is that there are no allocations for elections.
FM/Magnuson reported that the Finance budget was basically the same except
for a decrease in professional services because the infrastructure report should
be finalized during the current year.
HRM/Crews reported that her division's budget was virtually unchanged except
for an increase in professional services ($12,000) an estimate for actuarial
services as required by SB 34.
ACM/Doyle reported on the Information Systems budget. He pointed out salary
increases and an increase in hardware (printer) purchases. ACM/Doyle drew
attention to the $143,650 Computer Maintenance item and explained that if the
City did nothing else, it was today's cost of doing business in terms of
maintaining the licensing for all of the applications the City is purchasing and
bringing online. The increase in Professional Services is directly related to the
GIS. ACM/Doyle explained that staff was increasing its tape (data backup)
library. There is one server to replace which will put the City in a "maintenance"
mode. The budget also contains $20,000 for replacing the Scala Hardware
(DBTV).
MAY 2, 2006 PAGE 3 CC STUDY SESSION
ACM/Doyle explained the General Government portion of the proposed budget.
With respect to Public Information, staff is recommending the 19 -hour part time
position be increased to 30 hours per week with pro -rated benefits. He pointed
out the $50,000 Phase II City Marketing Plan item under professional services,
the second phase cost of determining a D.B. "brand."
ACM/Doyle stated that there is a 5% increase in the Sheriffs Department
contract. In addition, $24,,000 has been allocated for the DB Fingerprint program
(Page 57).
ACM/Doyle said that the Volunteer Patrol budget was significantly reduced
because the Workers' Compensation Expenditure was eliminated. Accordingly,
the Annual Recognition Dinner and Neighborhood Watch Picnic items were
increased to provide more incentives.
ACM/Doyle reported that: there was no change in the Wildlands Fire contract;
$20,000 was allocated for firebreaks Lot A-3 as part of the City's commitment to
the property the City intends to purchase.
ACM/Doyle stated that there was a significant increase in the cost for animal
control services, and the Society's recommended offset was that the City could
raise dog license fees accordingly.
ACM/Doyle responded to M/Herrera that the ACS contract was up for renewal,
and the contract factor; -in potential increases. The primary reason for the
increase was due to the increased cost to the Humane Society for doing
business. He responded to M/Herrera that he had not received any complaints
during recent months about animal control services except for confiscated
dangerous animals. Most calls had to do with wildlife concerns.
Council Members expressed concern about the 25% increase in the contract cost
for the Inland Valley Humane Society. Discussion ensued and the conclusion
was that the Council would engage in further discussion regarding the contract
renewal.
ICDD/Fong explained that the $300,000 increase in Community Development
includes personnel increases, General Plan Housing Element updates and
annexation issues.
ICDD/Fong stated that the only change for the Building & Safety contract was the
addition of an in-house technician.
ICDD/Fong reported that the only change to the Neighborhood Improvement
budget was the addition of one part-time position.
ICDD/Fong stated that the only increase with respect to the Economic
Development budget was in the Professional Services area because the City
MAY 2, 2006 PAGE 4 CC STUDY SESSION
intended to develop more specific plans as discussed during the City's January
Economic Workshop.
CSD/Rose reported that the Community Services budget had an overall increase
of $392,275 with a $165,295 increase in revenue. Staff added a budget item for
the Trails Master Plan update to upgrade the graphics. Staff is applying for a
number of grants and believes that better graphics would bolster the grant
process.
CSD/Rose stated that staff believes the budget for the Diamond Bar Center is
under control and that projections are accurate. The revenue projection was
increased to $500,000 per year. The CIP portion includes money to purchase
electrical blackout shades for the Grandview ballroom - $38,000. Staff believes
the purchase will result in increased use during daylight areas.
M/Herrera asked if the facility could dim the lights rather than shut them off
completely.
CSD/Rose responded yes, that staff was attempting to accomplish the dimmer
installation during this fiscal year and according to the electrical plans the
capability should already exist.
C/Tye asked how staff budgeted replacement costs to keep the Diamond Bar
Center up-to-date.
CSD/Rose responded that it would require a depreciation budget that CM/Lowry
asked staff to prepare this year.
CSD/Rose spoke about maintenance issues at the City's Parks.
Discussion ensued regarding the 4t" of July fireworks show being moved from
Sycamore Canyon Park to D.B.H.S. due to the construction of Target, etc.
CSD/Rose asked Council to consider converting the fireworks show to an
electronic timing show to improve the quality of the event beginning in 2007. This
matter was slated for further discussion.
PUBLIC COMMENTS: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 6:45 p.m.
Tommye Cribbins, City Clerk
MAY 2, 2006 PAGE 5 CC STUDY SESSION
The foregoing minutes are hereby approved this day of , 2006.
CAROL HERRERA, Mayor
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 2, 2006 DRAFT
STUDY SESSION: 5:32 p.m., Room CC -8, The Government
Center/SCAQM❑ Auditorium, 21865 Copley Dr., Diamond Bar, CA.
► Discussion of City Manager's Draft FY 2006-07 General Fund Budget
► FY 2006-07 Council Goals and Objectives
Public Comments
M/Herrera adjourned the Study Session at 6:45 p.m. to the Regular City Council Meeting.
CALL TO ORDER: Mayor Herrera called the Regular City Council meeting
to order at 6:52 p.m. in The Government CenterlSCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
M/Herrera reported that City Council began its evening with a Study Session at 5:32 p.m.
that included discussion of the FY 2006-07 Budget and FY 2006-07 Goals and Objectives.
Action on these items will take place at a future City Council meeting.
PLEDGE OF ALLEGIANCE: MlHerrera led the Pledge of Allegiance.
INVOCATION: Jim Price, Sr. Pastor, Diamond Canyon Christian Church
led the Invocation.
ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor
Herrera. Mayor Pro Tem Zirbes was excused.
M/Herrera announced that MPT/Zirbes was in Sacramento preparing for surgery on
Thursday morning. She wished him a speedy recovery and said that he intended to return
to the dais on May 16 or June 6.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Nancy Fong, Interim Community Development Director;
Marsha Roa, Public Information Manager; Kim Crews, Human Resources Manager; Ryan
McLean, Senior Management Analyst, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As presented
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 MlHerrera presented City Tiles to former Traffic and Transportation
Commissioner Tony Torng and former Planning Commissioner Jack Tanaka.
Jody Roberto, representing Assemblyman Bob Huff, presented Certificates
to outgoing Commissioners Tony Torng and Jack Tanaka.
MAY 2, 2006 PAGE 2 CITY COUNCIL
1.2 M/Herrera and Council Members presented Certificates of Recognition to
Lorbeer Middle School students for receiving the 2005-06 CADA/CASL
Outstanding Program Award for maintaining a balance of extracurricular
activities. Jody Roberto, representing Assemblyman Bob Huff, presented
Certificates of Recognition to the students.
BUSINESS OF THE MONTH:
1.3 M/Herrera presented a City Tile to Dr. Michael S. Tracy, DVM owner of D.B.
Veterinary Clinic as Business of the Month for May 2006. A slide
presentation followed.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowryannounced
that the Los Angeles County Registrar has asked the City to assist in recruiting poll
workers for the June 6th Primary Election. Anyone interested in serving is asked to
call the Registrar's Office at 1-800-815-2666, Option 7. The number will be scrolled
on DBTV 3 and will be included on the City's Website. Persons interested in
obtaining more information can visit www.lavote.net and click on the Voter/Poll
Worker link or call City Hall.
3. PUBLIC COMMENTS: Vince Galloway, 300 Prospectors Rd., spoke
about Gentle Springs Ln., being an access road that extends from the back gate of
the Fall Creek community to Diamond Bar Blvd. He stated that because the street
is a private street the residents are at the mercy of the adjacent business owners for
repair and maintenance of the street. He asked if there was a method for the
homeowners to petition the City for the street to be made public in order to provide
consistent maintenance.
Delilah Knox Rios, Chairman, Diamond Bar Chamber of Commerce stated that the
Chamber is co -sponsoring with the City, an Economic Conference on May 10th from
7:30 a.m. to 1:30 p.m. at the Diamond Bar Center. The Conference includes a bus
tour of economic opportunities. Registration is available through the Chamber at
909-598-3747 or interested parties may call City Hall.
Roger Myer said that he had lived in D.B. for more than 33 years and keeps hearing
that the City needs to reduce traffic on its streets. He said he did not understand
why there were no ramps from the SR60 west to the SR57 north and from the SR57
south to the SR60 east. He asked the City Council and the Traffic and
Transportation Commission to petition Sacramento for the ramps.
Irene Wang, D,B. Librarian, informed the public that the D.B. Library would be
closed for about 11 working days beginning May 8 to May 22 for parking lot
resurfacing. During the closure Rowland Heights, Hacienda Heights and La Puente
libraries will be open to serve the D.B. residents. Hours of operation and locations
will be posted at the D.B. Library.
MAY 2, 2006 PAGE 3 CITY COUNCIL
Ms. Wang also announced that the free seminar "Secrets to UC Admissions" was
rescheduled for Wednesday, May 24 from 6:30 p.m. to 8:00 p.m.
Lt. Michael Flocks, Battalion Chief, Los Angeles County Fire Department said he
looked forward to continuing to provide the highest level of emergency service for
D.B.
Leticia Pacias, Community Services Representative, Los Angeles County Fire
Department invited residents to the annual "East Region Fire Service Day" on
Saturday, May 13 from 10:00 a.m. to 4:00 p.m. at 17056 E. Gale Avenue.
Pat Savage, Principal, Armstrong Elementary School introduced Christin Whatley,
School Librarian. A couple of weeks ago the school librarians and school library
programs were recognized at a "Friends of the Library" luncheon. Ms. Whatley and
Ms. Savage discussed the school library program and the support it receives from
the D.B. Library and "Friends of the Library."
Rick Rogers said he supported the effort to build a new library in D.B. and urged the
Council Members to support the effort as well. This effort has been a priority for the
community for many years. Several years ago a survey found that the residents' first
priority was a community/senior center and number two on the list was a new
library. The Community Center has been built and it is time for the community to
turn its attention to the construction of a new library. In a recent survey more than
75% of the residents indicated the City needed a new library. Addressing previous
speakers' comments, Mr. Rogers stated that there continued to be more and more
publications and books printed, large numbers of individuals patronizing the library
and affluent communities finding that new library facilities were warranted for their
communities. "No new taxes" was CITye's popular campaign pledge. However, he
believed that the situation deserved a second look. The residents are asking that
the measure be placed on the ballot in order to allow the voters to decide whether or
not they want to assume the liability of funding a new library. He saw no conflict in
Council Members supporting the matter being placed on the ballot and personal
views on "no new taxes." if the measure is placed on the ballot individuals would be
free to lobby and campaign against it. He agreed that most people would be
opposed to taxes that would go to the State. However, if residents decided to
support the Library the benefits would remain in D.B. People are rightfully
concerned about spending the City's money and he urged the Council to consider a
new Library an investment rather than an expense.
Marsha Hawkins, President "Friends of the Library" and Library Task Force
member, said that because there were so many questions from the community
without response she asked to play a City produced DVD explaining the Library
Bond Measure.
M/Herrera asked Ms. Hawkins to come back in two weeks so that the item could be
placed on the agenda.
MAY 2, 2006 PAGE 4 CITY COUNCIL
4. RESPONSE TO PUBLIC COMMENTS: CM/Lowry responded to M/Herrera
that PWD/Liu would contact Mr. Galloway regarding the process that would be
required for each of the property owners to vacate Gentle Springs Ln. to the City.
CM/Lowry responded to Mr. Myer that she believed there were no such ramps for
the same reason the SR57 overlays the SR60. When construction occurred in that
decade it was done inexpensively and unfortunately, D.B. was the recipient of the
aftermath of construction without appropriate long-term investment in the
infrastructure.
M/Herrera stated that both staff and Council lobby constantly with Sacramento and
Washington D.C. for transportation dollars to fix the problems in D.B. and adjacent
areas.
CM/Lowry further stated that the City has engaged in a joint venture with the City of
Industry and MTA to prepare concepts for what would be required to remedy the
interchange areas. Unfortunately, it falls to local jurisdictions to assume the
initiative to deal with a State -generated issue that impacts the quality of life for local
residents. Tomorrow, ACM/Doyle will be in Sacramento attending a conference and
representing a new entity called the "Four Corners Transportation Coalition" on
behalf of the cities of Brea, D.B. Chino Hills and Pomona in an attempt to expand
the coalition to show that local government is prepared to take initiative and gain
partnerships with the private sector and public agencies. The interchange is
significant to the quality of life for D.B. and is of national significance with regard to
delivery of goods across the United States. a
M/Herrera commended the City for taking leadership in creating the coalition to
pursue the dollars by gaining the attention of government officials in Sacramento
and Washington D.C.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Neighborhood Traffic Management Program Meeting — May 4, 2006 — 7:00
p.m. (for neighborhoods of Armitos Pl., Between Pantera Dr. and Top Ct.
and Pantera Dr. between Armitos PI. and Bowcreek Dr.) Diamond Bar
Community Center Pine Room, 1600 Grand Ave.
5.2 Planning Commission Meeting — May 9, 2006 — 7:00 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.3 D.B. Chamber of Commerce — "Building Success in the Southeast San
Gabriel Valley' — May 10, 2006 — 7:30 a.m. — 1:00 p.m., D.B. Center, 1600
Grand Ave.
5.4 Traffic and Transportation Commission Meeting — May 11, 2006 — 7:00 p.m.,
Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
MAY 2, 2006 PAGE 5 CITY COUNCIL
5.5 City Council Meeting — May 16, 2006 — 6:30 p.m., Auditorium,
AQMDIGovernment Center, 21865 Copley Dr.
5.6 Neighborhood Traffic Management Program Meeting — May 17, 2006 — 7:00
p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave.IGerndal St.) Room
CC -6, AQMDIGovernment Center, 21865 Copley Dr.
6. CONSENT CALENDAR: CITye moved, C/Tanaka seconded to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of April 18, 2006 —as submitted.
6.1.2 Regular Meeting of April 18, 2006 — as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES
6.2.1 Regular Meeting of March 28, 2006
6.2.2 Regular Meeting of April 11, 2006
6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION
MINUTES — Regular Meeting of January 12, 2006.
6.4 RATIFIED CHECK REGISTER — containing checks dated April 14 through
April 27, 2006 in an amount totaling $1,431,040.19.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of
March 2006.
6.6 DENIED CLAIMS:
6.6.1 Filed by Frances Lopez on April 4, 2006.
6.6.2 Filed by Cynthia K. Moeder on February 15, 2006.
6.7 APPROVED NOTICE OF COMPLETION FOR SULLY -MILLER
CONTRACTING CO., INC. FOR NORTH WALNUT DRIVE STREET
REHABILITATION PROJECT (BETWEEN THE WESTERLY CITY LIMITS
AND LEMON AVENUE).
6.8 APPROVED SETTLEMENTS FOR TWO (2) CLAIMS FOR DAMAGES TO
CITY PROPERTY.
MAY 2, 2006 PAGE 6 CITY COUNCIL
6.9 (a) ADOPTED RESOLUTION NO. 2006-35 DECLARING THE CITY'S
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 38 AND SETTING THE PUBLIC HEARING FOR JUNE 6,
2006.
(b) ADOPTED RESOLUTION 2006-36: DECLARING THE CITY'S
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 39 AND SETTING THE PUBLIC HEARING FOR JUNE 6,
2006.
(c) ADOPTED RESOLUTION NO. 2006-37: DECLARING THE CITY'S
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 41 AND SETTING THE PUBLIC HEARING FOR JUNE 6,
2006.
6.10 (a) ADOPTED RESOLUTION NO. 2006-38: ESTABLISHING A
COMPENSATION PLAN CONSISTING OF SALARY RANGES AND
BENEFITS FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE MAY 2,
2006; RESCINDING RESOLUTION NO. 2006-16 AND RESOLUTION NO.
2005-36 IN THEIR ENTIRETY.
(b) ADOPTED RESOLUTION NO. 2006-39: SETTING FORTH
PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT
OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND
OTHER REGULATIONS EFFECTIVE MAY 2, 2006; RESCINDING
RESOLUTION NO. 2005-36 IN ITS ENTIRETY.
7. PUBLIC HEARINGS:
7.1 CONTINUED PUBLIC HEARING — ADOPT RESOLUTION NO. 2006 -XX:
APPROVING MODIFICATION TO CONDITION NO. 5. A (3) OF CITY
COUNCIL RESOLUTION NO. 2005-60 APPROVING CUP NO. 2004-01,
DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01.
ICDD/Fong reported that this item was a request for Council to modify the
Conditional Use Permit approved in December 2005. The approval is
requested by the applicant and applies to only one condition of approval.
When Council approved the renovation of the Country Hills Towne Center
one of the conditions was that all of the buildings indicated in "blue" would
have to be completed prior to issuing building permits for the two new
buildings indicated in "yellow." In addition, the market would have to be in
operation prior to releasing occupancy for the new three-story medical/office
building. At the time of approval the applicant did not have a market tenant.
Since approval, the applicant has signed a market tenant forthe building and
has continued to proceed with Tenant Improvements. Demolition permits
were issued for removal and replacement of the building. The request for the
change would allow the applicant to speed up the construction of the entire
shopping center including the renovation. Specifically, the request is to allow
MAY 2, 2006 PAGE 7 CITY COUNCIL
for the issuance of building permits for the two new buildings as long as the
"blue" shaded areas are in plan check. The second part of the request is
that the City would not release occupancy for the new two-story building
unless there is substantial renovation of the existing buildings and, the City
would not release occupancy for the new building until the market was in
operation. The remaining conditions would remain intact. Staff recommends
adoption.
C/Tanaka asked if there would be any conditions that the sections marked in
"blue" be completed before any of the others begin.
ICDDIFong responded that prior to the City releasing occupancy for the two-
story building the blue portion would be required to be in "substantial"
construction. Before releasing occupancy for the new two-story building
everything including the site improvements would have to be completed.
C/Tanaka said his understanding was that as the market construction was
occurring facades and towers would be completed in the blue area prior to
any construction in the yellow areas.
ICDDIFong confirmed that C/Tanaka's understanding was in accordance with
the existing condition.
C/Chang said he shared C/Tanaka's concern. He felt the City should have
an opportunity to review the market contract to establish its commitment to
locating in the shopping center before making a decision to reverse the
original conditions„ The Council and residents most certainly want to support
Mr. McCarthy's efforts and want the process done correctly. He proposed a
contingency subject to the City's receipt of a signed contract for occupancy
and indicated that Mr. McCarthy was free to strike out confidential
information as long as the name was evident.
ICDDIFong explained that the Council had authority to impose additional
conditions.
Mike McCarthy gave a slide presentation on the progress of the demolition
and construction. He stated that the plan is to expedite the construction of
the entire shopping center. With there being only three long-term tenants the
intent is to minimize impacts to new and existing tenants and to schedule
most of the construction while the center is basically empty. The request for
the modification is to get the incubated tenants to their proposed location as
quickly as possible and to complete the shopping center remodel in an
expeditious manner for safety concerns, to minimize the eye -sore and not
interfere with new tenant occupancy.
C/Tye said that during a December meeting he asked Mr. McCarthy if he was
okay with staff's report and its restrictions; to which, Mr. McCarthy responded
that he was. C/Tye wanted to know what had changed in five months.
MAY 2, 2006 PAGE 8 CITY COUNCIL_
Mr. McCarthy stated that he had made a mistake in overlooking this
particular part of the Variance and in hindsight said he would have worked
with staff to have that portion modified because he was experiencing timing
problems on the job site.
C/Tye thought at the time he was very specific about asking Mr. McCarthy if
those restrictions, that there would be no new buildings until the remodel was
done, was okay with him. C/Tye said that staff's report projected sales tax
revenue of approximately $300,000 for the City according to the applicant
and he wanted to know how Mr. McCarthy arrived at that number.
Mr. McCarthy responded that he believed it was a rough projection by
estimating $150 or $200 per sq. ft. spread over 160,000 sq. ft. or 150,000 sq.
ft. $200 per sq. ft. of 150,000 sq .ft. is $30 million of sales per year and 1
percent is $300,000.
C/Tye asked Mr. McCarthy if his projections were correct given that the
majority of the square footage of grocery store would not produce sales tax
and the majority of the new square footage of medical would not produce
sales tax.
Mr. McCarthy responded that the 150,000 sq. ft does not include the
medical office building and the AAA building. The grocery store projects
sales of over $20 million per year, which equates to $500-600 per sq. ft.
Approximately 30 percent of the grocery store goods are taxable. Thirty
percent of $600,000 is about $200 per sq. ft. for that space and therefore,
the map is correct..
C/Tye said that staff indicated the reason for the request was for the
renovation to proceed as quickly as possible and to minimize tenant
displacement. He asked Mr. McCarthy to explain how the modification would
minimize tenant displacement since the current tenants have already been
put in an incubation area. And, by the way, there are other empty areas that
could be used such as the Warehouse Record store area. He said he was
not sure how modifying the conditions would cause less disruption.
Mr. McCarthy felt that a good objective was to get all tenants in place at the
same time so that. when the center had its Grand Opening, for example,
everyone would be in their correct locations with no one in a month-to-month
position.
C/Tye explained that Von's recently completed a major remodel without
shutting down its store and what would prevent the contractors from allowing
the businesses to continue operating during refurbishment.
Mr. McCarthy said that tenants would have to continue operating but their
businesses would suffer. When the safety scaffolding and platforms go up to
protect the businesses underneath, it creates a "tunneling" effect into shop
MAY 2, 2006 PAGE 9 CITY COUNCIL
spaces. Also, all signs come down. At Von's there were less than 10 tenants
and this property will have over 35 tenants with a lot more moving pieces. In
his opinion, Von's was a lot cleaner and was able to move the remodel
forward more expeditiously without hurting but a handful of tenants in in-line
spaces.
C/Tye believed that the Council's objective was to secure a viable tenant for
the center and the center has a viable tenant in H -mart. In the minutes of the
March 28 Planning Commission meeting Mr. McCarthy indicated that
completion of the project was out of his hands because it would depend on
when H -mart would open for business — it could be the end of 2006 or the
end of 2007. So, is there no commitment from H -mart from the signing of the
lease when they would occupy the building?
Mr. McCarthy said he would have to look at the lease but he has seen
projects delayed for many reasons. Currently, the market is moving forward
with a target opening date of March 2007.
C/Chang asked Mr. McCarthy if he had a signed contract with H -mart.
Mr. McCarthy responded, Yes, that it was signed in December; and that he
would not mind giving the City a copy of the contract.
C/Tanaka said he was concerned about the entire center being under
construction and nothing being completed. He referenced the Planning
Commission Minutes noting a statement that the whole project may take
three to four years to be completed. In his opinion, incubation and relocation
creates its own turmoil to a business owner and a contributing factor might
be the leases that the business owners are asked to sign at a lease rate of
two or three times the current rate without a drop of paint on a building and
without a single tree being planted to improve landscaping to make it
pedestrian -friendly. He felt that to avoid some of the turmoil during
construction temporary banners could indicate that businesses were open.
He said he was afraid that once tenants were removed to incubation
locations the shoppers would assume the business had left the center rather
than trying to locate the business at its secondary location. He said it was
his understanding that a restaurant would reside in the second building and
he wanted to know where the Tae Kwon Do studio would be located.
Mr. McCarthy responded that with respect to the timing his concern was the
same as C/Tanaka's concern, to not have a project under construction for
four years. The modification would allow him to finish the project in a
reasonable amount of time. The way that it is currently drafted the project
could take an additional three to four years to complete. His comment to the
Planning Commission was based on the way the CUP conditions were
currently drafted. Secondly, he would make efforts to put up banner signs to
keep tenants viable occupants of the center. Relative to the financial
transactions nearly 90% of the deals under lease at this time are conditioned
MAY 2, 2006 PAGE 10 CITY COUNCIL
upon a shopping center being remodeled and tenants will not pay a higher
rate unless he invests the money in the center. Tenants are holding that as
a condition, and the center is readily agreeing to that condition. Relative to
the incubation tenants, Tae Kwon Do was moved and the rest of the tenants
excluding the bookstore are under Letters Of Intent negotiations for an area
above the restaurant space (second floor), Those businesses are more
service-oriented businesses. The final location of Tae Kwon Do is under
consideration.
M/Herrera asked who pays for the tenant improvements when tenants are
shuffled around to new locations?
Mr. McCarthy responded that he prepared the space for Tae Kwon Do and
gave them a month's free rent for their move. In other cases those service
tenants were already in place. Since all of the other tenants (with the
exception of perhaps one tenant) are already in their incubation locations
there are no further considerations. Once the new spaces are ready to
occupy new leases will be let and the conditions for tenant improvements,
rent, credit, and use will be determined.
C/Tye asked why it would be necessary to modify the Conditional Use Permit
since the tenants have been moved to their incubation locations.
Mr. McCarthy said it would be to shorten the construction time from three to
four years.
C/Tye asked how modification of the current CUP would help the process.
Mr. McCarthy referred C/Tye back to the modification plan and indicated that
the real objective was to compress the construction schedule by starting
work on XX building as soon as possible, relocate the current tenants to the
new building, demolish the existing building and build the new building.
C/Tye felt the old warehouse building would serve the purpose, and what Mr.
McCarthy was proposing seemed to him more convoluted. He asked what
other tenants would need to be removed from the current area scheduled for
remodel.
Mr. McCarthy responded the Bank of America Ready Teller.
Mr. McCarthy explained that he has leases and letters of intent signed with
existing tenants and new tenants so as certain areas are full there is no room
left to incubate tenants. There are other leases currently being negotiated
for space. He is in a bind to get a new building constructed in order to
relocate the tenants. It could very well be three to four years before tenants
could be located to their new areas so that he could proceed to demolish the
current building and build the medical/office building. The dilemma is that
there is no more space, and leases call for certain occupancy dates, and the
MAY 2, 2006 PAGE 11 CITY COUNCIL
objective is to get them in and up and running.
M/Herrera opened the Public Hearing at 8:25 p.m.
Marie Buckland wanted to know why the Council would prevent the center
from moving forward more quickly because she felt delays would hurt the
existing businesses.
Yumi Branstad, a construction lender, explained that there would be a great
savings in construction costs and shortening of the timetable if the Council
approved the modification. Whenever there is construction the merchant
suffers and in three to four years most all of the current merchants would
almost certainly be gone from the center. If there is a way for the developer
to shorten the construction period at a significant savings it would be good
for the center and for the community.
MlHerrera closed the Public Hearing.
1CDD/Fong explained that the contractorwas obligated to provide renovation
for all of the buildings. If the project were in plan check the City would give
the applicant a permit to build the two new buildings. If the applicant has
"substantial construction" occurring defined as completion of framing, towers,
etc. occupancy would be granted so that tenants could move into the north
side of the two-story building. Occupancy would not be granted for the three-
story building until everything else was completed and the market was
operating.
C/Chang moved to Adopt Resolution No. 2006 -XX: Approving modification to
Condition No. 5. A (3) of City Council Resolution No. 2005-60 approving
Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and
Variance No. 2004-01 upon delivery of a copy of the signed lease agreement
between the applicant and H -mart for the market space anchor store. The
motion died for lack of a second.
C/Tye said he had not heard anything to indicate the City should change the
Conditional Use Permit approved five months ago because the Council was
concerned about two new buildings being constructed before the current
shopping center was renovated. Now that demolition is underway the City
needs to keep that leverage to make sure that the renovation is
accomplished. He appreciated the applicant's presentation. However, if the
idea was to modify the Conditional Use Permit in order to move a B of A
ATM machine, it was to him not an overriding concern and would not delay
renovation of the shopping center. The City needs the center to be
renovated and up and running as soon as possible and he views the
confusion and extraneous issues with the two new buildings as a separate
issue.
MAY 2, 2006 PAGE 12 CITY COUNCIL
C/Tye moved, C/Tanaka seconded to direct staff to return with a Resolution
of denial at the May 16, 2006 meeting.
C/Tanaka said he would be more comfortable to grant the applicant's request
once the market was completed. And were the applicant to make such a
request, it should be made to the Planning Commission.
C/Chang commented that the proposed resolution would give the applicant
a little flexibility to render the center efficient at the least cost. He said he
saw little difference and believed that staff would adequately monitor the
situation. The Council should not kick this back to the Planning Commission.
C/Tye said his observation was that if there was no difference the original
approval should remain in effect. This matter is not being kicked back to the
Planning Commission. If Mr. McCarthy wants to come back to the City for
modification at some future date it would go through the Planning
Commission. If he (C/Tye) were the developer and he wanted to build a
three-story building on the south end of the property and a two-story building
on the north end, he would hustle to complete the remodel so that he could
carry on with the rest of the program.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: Chang
ABSENT: COUNCIL MEMBERS: MPT/Zirbes
7.2 APPEAL THE PLANNING COMMISSION'S DECISION TO MODIFY
CONDITIONAL USE PERMIT NO. 2003-01 ELIMINATING THE
ENTERTAINMENT USE ASSOCIATED WITH SCRIBBLES GRILLE AND
RESTAURANT LOCATED AT 245 GENTLE SPRINGS LANE.
ICDD/Fong stated that three years ago the Planning Commission issued a
Conditional Use Permit for Scribbles Grille and Restaurant based on a bar
and limited entertainment consisting of a jazz band, guitarist or pianist within
the small stage. In addition, a DJ and dancing were allowed for private
parties within the banquet room. Since the approval and more especially
within the past year and recent couple of months there has been a lot of
public safety incidents that required Los Angeles County Sheriffs
Department to significantly increase its public safety resources to respond to
that location. As a result, staff recommended that the Planning Commission
consider a modified CUP. The first public hearing was scheduled for March
14th and at the request of the applicant, the Public Hearing was continued to
April 11. At that meeting the Planning Commission received staffs report,
testimony from nine. Fall Creek condominium complex residents, the Sheriff
Department, the applicant and the applicant's attorney. Following
deliberation the Planning Commission determined that Scribbles was not
operating in conformance with the approved Conditional Use Permit and that
MAY 2, 2006 PAGE 13 CITY COUNCIL
r
the business operation threatened the public health and safety of the
community. As a result, the Planning Commission revoked the entertainment
use on April 11, 2006. Since then the applicant has appealed the Planning
Commission's action. In the appeal the representative claims that the City
has falsely accused Scribbles of having a well-known DJ provide
entertainment, and running a nightclub and charging admission fees. After
the Planning Commission's revocation of the entertainment use, Scribbles
continued to have entertainment on Thursday nights. Staff issued citations
on April 13, April 20 and April 28 for non-compliance. Today residents living
near the facility provided staff with a copy of a Scribbles website that clearly
demonstrates the club advertising entertainment as a nightclub in defiance of
the approved CUP. ICDD/Fong provided the applicant with a copy of the
website information she included in staff's report. Scribbles also claims that
there is no evidence that the facility caused any alleged public health and
safety concerns and incidents.
Lt. Joe Maxey stated that over the last couple of years there have been
many, many calls for service at Scribbles and that D.B. deputies respond to
these calls constantly. As a result of input from Sgt. Sachs and other
deputies, it came to his attention that the crime and acts of violence have
escalated to the point that the deputies are apprehensive. A large volume of
individuals congregating in and around the club and in the K -mart parking lot
have posed such a threat that the deputies remain apprehensive even
though they are able to utilize all of the resources available at the
D.B./Walnut station. A calculated response to 500, 600 and even a thousand
people between the hours of 11:00 p.m. and 2:00 and 3:00 a.m. in an
isolated area such as the K -mart parking lot poses a horrendous threat to the
deputies. Since the Planning Commission rendered its decision on April 11,
deputies have responded to additional calls for service at Scribbles, and
there has been no discernable change in the operation. He showed a video
made by Sgt. Rivera and Sgt. White as they drove by the area on April 20.
Sgt. Elizabeth Sachs said she works as a field supervisor for the Walnut/D.B.
Sheriff's Station between the hours of 10:00 p.m. and 6:00 a.m. When she
worked the Thursday night shift there were times that five to nine units were
stationed in the K. -mart lot that provides overflow parking for Scribbles
between the hours of 1:00 a.m. and 2:00 a.m., primarily 1:30 to 2:00 a.m.
when there was an influx of 400 to 450 individuals returning to their cars
parked in the K -mart parking lot. The problems encountered during that time
included under -aged drinking, adults drinking in the parking lot area, a sea of
bottles on the parking surface, individuals driving under the influence of
alcohol, fights, reports of weapons, shots fired, etc. Many times victims were
unwilling to report the crime perpetrated against them for fear of reprisal and
as a result she had no police reports to support what she witnessed. In
addition to fights and injuries, there were traffic collisions, exhibition of speed
and many problems during those hours. As a public safety officer she was
concerned about five to nine units trying to control a congregation of
approximately 500 unruly people consuming alcohol and scantily clad women
MAY 2, 2006 PAGE 14 CITY COUNCIL
involved in boy/girl issues. Overall, the presence of these factors is a mixture
of bad chemistry. She and the Department feel that without getting the
situation in check„ there will be serious problems especially with Summer
approaching. She! said she was not so concerned about what was going on
inside the club as she was with what was going on outside the club. The
security people at the club have acted responsibly and cooperated with the
Department. Scribbles' appears to function as a nightclub and does not
appear to be conducive to the family businesses that surround the facility.
The problems she has witnessed, especially on Thursday night are very
serious.
M/Herrera asked where the individuals in the K -mart parking lot procured
their bottles of liquor and whether they were holding bottles as they left the
nightclub.
Sgt. Sachs said she did not believe the individuals took liquor from the
nightclub. She believed they brought it to the destination in their vehicles.
She has observed hard liquor bottles, beer and wine bottles and did not
believe the club would sell a bottle of whiskey, for example. Because these
individuals are patrons of the business, the business is drawing this problem
into the City. She has served on the Sheriff's Department for 17 years and
has encountered this scenario before and is therefore very concerned from a
public safety standpoint in its totality. She feels that if the problem is not
curtailed something bad will happen.
M/Herrera said the video showed people standing in line and wondered if
people were drinking while standing in line.
Sgt. Sachs said she was not there when the video was taken.
MlHerrera asked if the deputies who took the video observed people
standing in line drinking while they were waiting to enter Scribbles.
Lt. Maxey responded that the deputies did not mention patrons drinking while
waiting in line to enter the building. His experience is that that never occurs.
What happens in and around the entrance to Scribbles is well controlled by
their security. The problems occur on the street, the surrounding areas and
in the K -mart parking lot. Lt. Maxey said there are two issues: 1) the safety
of the deputies and the community and 2) the expectation of the citizens of
D.B. regarding their safety and security. Between those hours he questions
the Department's ability to provide that safety and security because all of the
Department's resources are in one area of the City, the K -mart parking lot. If
there is another emergency in the City, the deputies must respond from that
location. The City has an expectation that the deputies will be out in the
community and visible in order to be a deterrent to crime. Deputies are
unable to meet that expectation when they are called to the K -mart parking
lot to deal with 400 to 500 people exiting Scribbles.
MAY 2, 2006 PAGE 15 CITY COUNCIL
Sgt. Sachs responded to MlHerrera that she has seen individuals age 18-20
who were drinking. She has seen some individuals' IDs and other deputies
call her over to witness under aged drinkers. A lot of the problems are with
the young adults, not just with individuals between the ages of 18 and 21.
MlHerrera said she would allow the applicant equal time of 20 minutes for his
presentation.
Frank Weiser, 3460 Wilshire Blvd., Suite 903, Los Angeles, attorney for the
applicant stated that he believed due process was not followed during the
Planning Commission Public Hearing. Even though this matter was
continued from March 6 to April 11 he was hired at the last minute because
the applicant did not receive a copy of the Planning Commission packet until
two days before the Public Hearing. In addition, the business owner was out
of the country at the time of the original continuance. No one received actual
formal charges and underlying evidence. Even to this date the applicant does
not have the Sheriff's reports that supposedly support the allegations of a
public nuisance. When he spoke to the Planning Commission, he indicated
that the matter should be considered in the spirit of fundamental due
process. Mr. Weiser said that Justice Roberts recently wrote an opinion
about what was fundamentally required for due process procedure before
one could be deprived of a property interest, and that is what the City is
doing when it modifies this CUP. Notice provides that the applicant be given
formal charges in advance so that he knows how to prepare his defense. In
addition, the applicant is required to be provided the evidence to support the
charges. In this case, the applicant was not given the evidence. According
to the officers the problem is occurring outside of the facility and across the
street in the K -mart lot. The applicant does not have the reports and cannot
verify the truth of the matter. When the Planning Commission was asked for
a continuance one Commissioner agreed that it would be a violation of the
procedure of due process if the applicant was not given the evidence and
given sufficient time to prepare. The applicant said that had he had sufficient
time and been given the reports he would have brought in rebuttal evidence.
On that ground alone the Council, in his opinion, would have to reverse the
Commission's decision and allow for further hearings and grant the applicant
his right to receive a copy of the reports. Mr. Weiser said he filed an appeal
on April 18 and asked that it be made a part of the public record. He
assumed that the Council Members had reviewed the appeal and noted the
underlying allegations as the basis for why the Planning Commission's
decision should be reversed.
Mr. Weiser stated that with respect to the issue about whether Scribbles was
in violation of its CUP, he pulled the certified copy of the minutes on April 27,
2006 from the Business License Commission for the County of Los Angeles
indicating there was a hearing on May 25, 2005 wherein Scribbles applied
for a business license and received on June 1, 2005 three County business
licenses, one for entertainment with dance, one for public eating and another
for an annual dance. Ms. Fong was present representing the City at the
MAY 2, 2006 PAGE 16 CITY COUNCIL
hearing on May 25, 2005. Nothing in the minutes indicates that Scribbles
cannot charge at the door; nothing indicates that there was an indication that
Scribbles was operating as a public nuisance; and in fact, the Commission
approved unanimously for Scribbles to have a license, and gave them the
license that runs until June 1, 2006, and indicated that they assured all
parties that any conditions or regulations previously set forth by any licensing
requirements should be enforced. He asked that the document be entered
into the record. On legal grounds of collateral estoppel the Council cannot
take two different positions. If the evidence that went back to 2004 and 2005
was not presented to the licensing commission, and there has been a finding
by the County Licensing Commission that Scribbles is not operating in
violation of its CUP, the City never appealed that finding. Under
Administrative Collateral Estoppel Principles the City cannot now come back
and re -litigate that issue. The City must go back to the Licensing
Commission in June, and get the Licensing Commission to find that there
was a violation of the licensing requirements, and then go back to the
Planning Commission for modification. He believed that the City Council was
legally barred from being able to just reverse the process.
Mr. Weiser said he asked Scribbles for evidence of the video. Firstly, he did
not know what that proved. Scribbles' has an entertainment license and they
are still operating. The reason they are still operating is because they have a
right under the Municipal Code to appeal this matter, and under General
Administrative Principles a matter is not final even from an administrative
standpoint until the appeal rights are exhausted. The Council has not yet
ruled. The resolution proposed for adoption by staff says that Scribbles has
a right to appeal under State law under California Code of Civil Procedure
1094.5. He asked Scribbles to take pictures of the parking lot across the
street and of the condominiums to see what it looks like at night. He asked
that the photographs be entered into evidence. As far as he could see from
the pictures, Scribbles was not in anyway contributing to any alleged public
nuisance, and Scribbles would like to know where the hard evidence is that
links Scribbles to any alleged nuisance across the street. Someone's
livelihood cannot be taken away on that kind of hearsay without evidence.
Mr. Astavakra told him that there is a bowling alley in town where homicides
and multiple crimes have occurred, and his reason for bringing up that matter
was to indicate that constitutional principles dictate that people must be
treated the same, and cities cannot pick and choose who is put out of
business. As far as he knows, the bowling alley owners have not been
brought before the Council. He said he related that story because Mr.
Astavakra told him that Lt. Maxey appeared at his place of business and told
him "Hey, I'm going to put you out of business", and it appears that there is a
clear agenda because Lt. Maxey believed there was some continuation
between the Platinum Club and Scribbles, and there is absolutely not.
Scribbles never got any kind of citations from the Sheriff's Department,
Scribbles has never received any evidence, nobody has ever gone to
Scribbles during all of this time and told them they had better get their act
together, or we'll have to go before the Planning Commission. Scribbles
MAY 2, 2006 PAGE 17 CITY COUNCIL
never got even a warning, and now they get three citations after the Planning
Commission hearing. They claimed evidence going back to 2004, so if this
property was contributing as badly as the City claims during the past three
years or two years, the normal course would be for the Sheriff to sit down
and first give them a warning, or sit down and try to work with the property
owners. In Los Angeles if someone is operating a public nuisance, Mr.
Delgadillo and his staff haul the owners in to an informal hearing, have the
Police Department representatives sit down with the owner and tell the owner
that the City does not want to put them out of business, but this is the
problem, give the owner a list of suggested improvements, and then if the
business owner does not comply with the list of suggested improvements,
and the conditions are still bad, and the business is operating as a public
nuisance, they take the owner to court or before the zoning administrator.
That never happened here. All of a sudden his clients get the notice that
they are operating as a nuisance and their CUP is going to be modified.
Without the ability to operate as an entertainment center; the business will
not be able to survive. So what the City is doing in effect is putting Scribbles
out of business. The property owner entered into evidence at the Planning
Commission level that he has invested more than $900,000 on the ability to
operate as they have. The owner invested a lot of money after he obtained
the license from the County Commission last year. State law indicates that
the City has to give the owner prior notice, not just fundamental federal due
process principles, and the State law says that even if a property is operating
with some problems as a nuisance, the City has to weigh the public interest
versus the private interest. The City can call it a "modification" but in effect, it
is a revocation. At the Commission hearing one of the Commissioners
proposed a continuance on the condition that the parties get together and try
to work this out to the satisfaction of all parties. He proposed to the Council
that there were better ways to work out this situation. Mr. Weiser said he
really did not mean this as a threat because he respects the City of D.B., but
obviously the two parties will be involved in litigation if it cannot be resolved
at this level, and from experience he knows that it will be costly for all sides.
This should have been resolved in a much more amicable manner. The City
did not have to haul Mr. Astavakra before the Commission. The City could
have found an alternative source, and certainly the Commission did not have
to take action right away.
Mr. Astavakra said he wanted to have a copy of the Sheriff's call log for the
past two weeks to see if there was a single incident that happened in the
K -mart parking lot and at Scribbles. He would like to get a copy of the logs
indicating that the Sheriff's Department had 10 vehicles at the scene
because of disturbance calls. There has not been a single incident that they
can prove except for four incidents in the last two and one-half years. He
asked for the Council to accept photographs with times indicated of the
K -mart parking lot, Gentle Springs Ln. and Scribbles. One photograph
showed the Fall Creek gate with not one single car parked there. One
photograph was taken at 10:30 p.m. on Thursday evening. Another
photograph was taken of the area at 12:30 a.m. and there was not one single
MAY 2, 2006 PAGE 18 CITY COUNCIL
car parked at the gate of the Fall Creek community. Another photograph
was taken at 1:03 a.m. and another was taken at 2:01 a.m. One photograph
of the K -mart parking lot was taken at 10:05 p.m., another photograph shows
the entrance to the Best Western with not a single car parked in the area and
nothing is happening. Another photograph showed a trailer parked in the
K -mart parking lot.. Other photographs showed trucks parked in the K -mart
lot. Mr. Astavakra said he had no idea why allegations were made that the
Fall Creek gate was broken. Someone mentioned that his car was
vandalized and that he spent $8,000 to $11,000 to repair his vehicle, but
there is no evidence that the damage was done by a Scribbles patron.
Scribbles has never received a citation from the Fire Department, nor has
Scribbles had a single citation from the Sheriff's Department. There has
been no noise alleged by the residence of Fall Creek. The owner of Best
Western is here with Mr. Astavakra to testify that he and his customers do
not hear noise from Scribbles. How could Fall Creek residents hear noise
from Scribbles? He asked the Council to investigate the matter further and
give him a chance to continue operating.
C/Tye directed Mr. Astavakra to the minutes of the May 27, 2005 Planning
Commission meeting during which he served as Chairman and C/Tanaka
served as a Commissioner. He said he knew that Mr. Astavakra was aware
of the Platinum Club legacy. Mr. Astavakra indicated he was aware that the
structure of the parking led to loitering and that he indicated that Scribbles
would be "upscale dining with a jazz band playing." Mr. Astavakra indicated
"there would be no DJ music or any dancing except for private events if they
want to dance, like graduation parties or things like that." C/Tye said the
reason he brought up those points was because as a Planning
Commissioner he would make a different decision in approving a nightclub
versus approving an "upscale restaurant with a jazz band playing." C/Tye
said he appreciated what Mr. Weiser shared, and he may not mean it as a
threat, but anytime somebody says they are going to go to litigation over an
issue, he takes it as a threat. The job of the Council is to sort this all out as
to how it will be handled. C/Tye said he was not sure what difference it
made that in this process that "we don't have evidence of Sheriffs
allegations. What are the formal allegations?" This is not a court and there
are no formal charges. There has been an issue over whether or not
Scribbles can charge at the door. C/Tye said he believed the applicant could
do anything he wanted to do at the door, and if he (C/Tye) as a patron
wanted to pay $15 to get in, he could do so. C/Tye said he was not aware
that Scribbles was conditioned that it could or could not charge at the door
and that, to him, was not the issue. The issue is, is Scribbles a nightclub?
And he said he believed it was a nightclub, and that he thought the evidence
regarding what the City has witnessed is taking place at the location is not an
upscale dining establishment with a jazz band playing, or with a piano
playing or with soft music. The idea was that the City did not want to
duplicate Platinum in 2003 when the Planning Commission approved the
Scribbles CUP. And today in May 2006 there is essentially the same type of
activity taking place that the City wanted to avoid. All of the other matters are
MAY 2, 2006 PAGE 19 CITY COUNCIL
to him extraneous — the decibel levels, folks at Fall Creek and folks parking
in the K -mart parking lot is irrelevant to him with regard to the issue at hand.
The question is whether Scribbles is operating within its Conditional Use
Permit. The answer is No, and that is what the applicant should discuss with
his lawyer. He believed it was not incumbent upon City staff to go to the
applicant or the property owner or to the attorney to advise Scribbles that it
was operating outside of its Conditional Use Permit. Mr. Astavakra knew
what the conditions were. Mr. Astavakra knew when he said there would be
no DJ music or any dancing except for private events. C/Tye said he did not
believe that Thursday nights were private events at Scribbles; he did not
believe that when an event was advertised on KIIS-FM, it was a private
event; he did not believe that when it was advertised on Scribbles website
that it was a private event. He again asked Mr. Astavakra to answerwhether
he was operating within his CUP.
Mr. Astavakra said the website did not belong to Scribbles, that the website
was owned by the band that came once or twice to Scribbles to perform. So
the website is not Scribbles. It is with Luna Entertainment that has nothing to
do with Scribbles. 'The second thing is that somebody rents the place for an
event and they hire a DJ. Scribbles complies with the food, they use the
place and leave. So if there is a DJ, the DJ performs, and it is for a private
party. He cannot stop someone who says they want to rent his place. There
are bands playing, and the bar is open and dancers perform. He needs to
rent his place to survive. He said he has contributed almost $137,000 to the
City of D.B. in sales tax and property tax revenues over the past two and
one-half to three years. That location is difficult. He spent a lot of money on
the place to make it survive. He got into it with his eyes open, but if
someone wants to rent the place he does not say No. He promised to have
his own security guards, and he has his own security guards that are doing a
very good job. He has never had a citation from ABC for under aged
drinking.
C/Tanaka said he too sat on the Planning Commission when Mr. Astavakra
came to the Commission with his application for a Conditional Use Permit,
and at that time the Commission was very careful to articulate the conditions
under which Scribbles would operate. The conditions that Mr. Astavakra
proposed and guaranteed that the residents at Fall Creek would not suffer
through the problems they endured when the Platinum Club was open.
When the applicant asks for evidence from the Sheriff's Department, one
must ask if the applicant has been at the premises. During the Planning
Commission meeting Mr. Astavakra stated he was at Scribbles. Apparently
Mr. Astavakra was inside the premises and was oblivious to what was
happening outside of the premises. There really is no need to produce
evidence if the owner was present. For the record, C/Tanaka said he passed
by on Thursday evening after the Planning Commission made its decision.
At that point there was no appeal in process and yet the owner continued to
operate as if Scribbles still had the Conditional Use Permit. This does not
MAY 2, 2006 PAGE 20 CITY COUNCIL
lend credence to the assertion that Mr. Astavakra is willing to modify his
operation or change the conditions under which he has been operating, and
it does not appear that Mr. Astavakra is trying to be the good neighbor he is
asserting he is. C/Tanaka said he does not believe the residents of D.B.
should have to suffer through this type of "business/entertainment." When
Mr. Astavakra first proposed his upscale restaurant , one of the first
questions C/Tanaka had as a Planning Commissioner was about the large
crowds that the business attracted; and Mr. Astavakra guaranteed him that
there would be no outside music. if one stands in the K -mart parking lot, one
can easily hear the music from across the street. Mr. Astavakra guaranteed
there would be no crowds in the patio area, and Mr. Astavakra counts the
attendance including the individuals in the patio area. He specifically asked
Mr. Astavakra the capacity of the upstairs banquet room, and Mr. Astavakra
responded "85-90 people." And then he asked Mr. Astavakra the capacity of
the restaurant, and Mr. Astavakra responded 125. If he adds those figures it
amounts to about 215 patrons, and how 600 people get into the facility he
does not understand without using the patio area, the downstairs cellar, the
kitchen, etc. Whether the Fire Marshall has recently reviewed the capacity
he was not aware and perhaps that was why there had been no citation
issued. It appeared to him that with the size of the facility 600 people could
not safely assemble. He invited the attorney to visit the facility to view the
activity if it continued.
Mr. Astavakra stated that the Fire Department and Fire Marshall have
authorized a total capacity of 582 people. He does not use the cellar and the
exterior patio is used strictly for smoking. No one hangs around outside —
they go out to smoke and then go back inside. He said the Fire Department
had visited his premises numerous times, and he had always been under -
capacity, never over -capacity.
C/Tanaka said he believed that Mr. Astavakra misled the Planning
Commission when he applied forthe CUP when he stated the capacity would
be about 215, no music outside, and when he knew about the problems that
existed with Platinum and guaranteed that would not happen with his club,
and that he would be a good neighbor, and help D.B. with its economic
development. He told Mr. Astavakra that he did not believe Mr. Astavakra
had lived up to his agreement.
Mr. Weiser said he was unaware that C/Tye and C/Tanaka had sat on the
Planning Commission at the time the CUP was approved and he believed
there was an inherent conflict of interest forthem to now vote on this appeal.
He asked that C/Tye and C/Tanaka recuse themselves from this matter. In
addition, caselaw supports that contention and even the appearance of bias.
C/Tanaka passing by the premises after the Planning Commission rendered
its decision does not negate the 10 -day appeal process allowed by code. If
the two Council Members recuse themselves there would not be a quorum,
and he would request an independent hearing officer hear the matter. He
asked for a vote on the matter so that there was a clear record when he
MAY 2, 2006 PAGE 21 CITY COUNCIL
takes this matter to court if the applicant has to go to court.
CA/Jenkins responded to M/Herrera that there was no basis whatsoever for a
recusal of C/Tye and/or C/Tanaka. The fact that they served on the Planning
Commission at the time the original CUP was granted subject to conditions
,in no way causes them to have any prejudice whatsoever in this matter. The
only basis for a conflict of interest of the kind mentioned by counsel would be
if Mr. Tye and Mr. Tanaka had been on the Planning Commission that
revoked or modified the CUP, and then were elected to Council and sat in on
the appeal thereby denying the appellant a fair hearing panel on an appeal
because two members had already adjudicated the issue sitting on the
subordinate Council body. Whereas C/Tanaka and C/Tye were on the
Planning Commission several years ago, and whereas they voted to grant
the Conditional Use Permit, a completely different matter than is before the
Council tonight, only serves to give them some enhanced information about
what occurred at that time and what representations were made by the
applicant to the Planning Commission as reflected in the meeting minutes.
Mr. Weiser's request for recusal has no basis whatsoever in the law, and he
counseled C/Tanaka and C/Tye that they were perfectly qualified to
participate in this appeal. With respect to Mr. Tanaka's visit to the site,
C/Tanaka indicated that he drove by the establishment. CA/Jenkins
suggested that if any other Council Members had visited the site or had
witnessed any of the matters being addressed here tonight that they should
so indicate on the record. After the public speakers have been heard the
Council should give the owners an opportunity for rebuttal during which time
they could comment on anything that Council Members may have observed
that they felt was incorrect or inaccurate. CA/Jenkins respectfully requested
that Council Members refrain from further comment until all of the public
testimony was heard.
M/Herrera opened the Public Hearing at 9:34 p.m.
Samuel Kazarian, 318 S. Prospectors Rd. #40, said he heard a statement
that the capacity allowed by the Code was 215 and he heard the owner say it
was 582. Which figure is correct? He said that it was his opinion that having
a nightclub like Scribbles draws a lot people. The type of crowd the facility
draws is unfortunate for the owner. He said he does not like what he sees
and things do get out of hand. He said he had not taken time to check at
night, but he knows that there has been vandalism at his complex. Whenever
there are large groups of young people drinking they manage to get into
trouble. He said he would like to say "No" to the whole issue.
Vince Galloway, 300 Prospectors Rd., said that he could give the Council
specific incidents, but the bottom line was that Mr. Astavakra continues to
refer to this matter as "modifying the CUP." There is no modification
proposed. The City is asking why Mr. Astavakra is not adhering to the
original conditions. In no way has he adhered to the conditions, and he is
therefore in violation of the CUP. Fall Creek is a community of 144 units in
MAY 2, 2006 PAGE 22 CITY COUNCIL
12 buildings and about 73% of the community consists of homeowners. Fall
Creek is not an apartment unit. He has lived in the community for 25 years
and there is a diverse group of individuals who reside compatibly in the
complex. He provided Council Members with a notice posted forthe Planning
Commission meeting and for tonight's meeting. Every day for six days
notices of tonight's meeting were torn down and again as recently as this
afternoon. Scribbles' continues with business as usual, and every day they
are open there are beer bottles thrown up along the ivy along the side of the
street and inside of the complex. Mr. Astavakra pooh-poohed the idea of
repairing the gate. The Association spent a few thousand dollars trying to
avoid confrontation and having people from the club follow homeowners
inside the gate to park. Late at night when people are unable to get into the
complex to retrieve their vehicles they break open the gate. The Association
paid to have a timer installed to prevent the gate from being opened from
10:00 p.m. to 4:00 a.m. on Thursday, Friday and Saturday nights. During the
25 years he has lived in the complex there have been more vehicle break-ins
in a one-month period since the last Planning Commission meeting than
during that entire previous 25 -year period. Since the last Planning
Commission meeting, a unit was burglarized. There has never been a
burglary in the entire history of Fall Creek until recently. People come in and
park in the complex and have sex. The Association met with Mark St. Amant
and Sandy Clark on February 12 because there were concerns about drug
dealing inside of the gated community. The officers recommended a
Neighborhood Watch program, said they would follow through with the
Narcotics Department and the POP Team. Fall Creek continues to have
these types of problems. One of the club promoters told the residents that
they want to get inside of the complex so that they can exit out onto
Prospectors Rd.and avoid a DUI contact with the police. While the Platinum
Club problems were mostly noise related, the clientele that Scribbles attracts
is a very different group. Fall Creek residents are afraid to walk around their
community.
Yumi Branstad, 394 S. Prospectors Rd., #107, said she appreciated that the
City looked out for the interest of its residents, and whenever this type of
application comes before the City the officials do their best to evaluate the
situation and make a fair decision. She believed that C/Tanaka and C/Tye
did just that in 2003. The problems have escalated since that time, and she
believed the applicant coerced the Planning Commission to grant the CUP,
and later the situation changed. Of course, the community supports
businesses that are interested in conforming to the existing businesses and
residents. The fact that residents have waited until 9:30 tonight to speak
about this matter is evidence that there is a problem. CUP's and Variances
are based on privileges that are granted and not based on the law. If it is
time for the City and residents to re-evaluate the permit - it is a new chapter.
Threatening the City with a lawsuit clearly demonstrates that this business is
not willing to be a good neighbor. She said she was very happy that the City
had granted due process. She located the website. Due process means
that one has respect for the law, so why would Mr. Astavakra allow an
MAY 2, 2006 PAGE 23 CITY COUNCIL
"unrelated" website to continue to advertise services contrary to the CUP.
This is a demonstration of disrespect for the community. She said that she
counted on the City to protect innocent bystanders.
Tricia Guinto, 364 S. Prospectors Rd. said that for the applicant to claim he
does not operate a nightclub is completely false. There are about 30 Fall
Creek homeowners present this evening who will attest to the fact that
Scribbles is a nightclub. The nightclub is promoted on KISS -FM 102.7, 99.1
KGGI, Super Estrella 107.1, and it advertises college nights on Thursday
nights. There is a junior high school two blocks from the club, there are flyers
disbursed throughout this beautiful City and on poles as well as freeway
postings advertising a club with $3 drinks. What does that say to the
community? This club attracts undesirable elements into her neighborhood.
Mr. Galloway pointed out that Gentle Springs Ln. is a private street and
because it is a private street the excessive number of vehicles erodes the
asphalt even more. As much revenue as this club brings in, they are not
upgrading the street. This club tarnishes the City and increases the crime
rate. For Best Western to claim they cannot hear the music emanating from
Scribbles is absolutely ridiculous. Her house is one of the closest to the club,
and in the Summer she has to close her windows and use the air conditioner
in the evening to drown out the music, and she felt it was unfair to the
community to have to take those kinds of measures to ensure their quality of
life. In the future, the Planning Commission should not allow these kinds of
permits and should be very stringent about what uses are permitted. She
hoped that this situation would not be a problem for the City in the future.
Henry Lee showed a Scribbles' flyer. He said he did not see any sign of a
fine dining restaurant or grill. The advertisement quotes prices for alcoholic
beverages and refers to "Drinko de Mayo' and this attitude spills into the
community and proves what kind of activities are conducted on-site.
Wen- Hui Su, 364 S. Prospectors Rd., #134, believed the Council had the
list of complaints from residents who spoke before the Planning Commission.
She said that when she moved into Fall Creek a couple of years ago, she felt
it would be a wonderful environment for her parents. However, when her
parents first moved in, they could not sleep because of the loud booming
noise. In the mornings her parents refused to go outside because they could
see all of the beer bottles strewn about the community, and at night her
parents are afraid to even take out the garbage. Basically, she and her
parents are prisoners in their own home. In addition, one of the gates has to
be shut down and if there was an emergency the community would have only
one gate to use as an exit. One neighbor told her that one Monday morning
she took her eight year-old child to wait for the school bus and saw a lot of
used sex objects on the ground. The woman told her son to look up, and her
son questioned why he had to look up and his mother told him there were
bad things on the ground and he should not look at them. Ms. Hui Su felt it
was very sad that children and elderly people could not enjoy their beautiful
community. She is a college professor and has had to cancel her evening
MAY 2, 2006 PAGE 24 CITY COUNCIL
classes to come before the Planning Commission and City Council. Where
do the 600 patrons park? One of her neighbors who had to watch his child
this evening and could not attend the meeting asked her if she found it
strange that a couple of nights ago there were no cars parked in the complex
and no beer bottles on the ground. Perhaps that was the night the owner
took his pictures. People believe that after working hard all day they can go
to their homes to relax. When they hear the noise all evening and into the
early hours, people get depressed because there is no relief. She thanked
the Council for their wise consideration.
Abraham Tuyeb, 348 S. Prospectors Rd., #2 said that last Saturday he was
coming home about 2:00 a.m. and could not get through the gate. He
became concerned when he tried to turn around to go through the front gate
because people were drinking and staring at him. The area has become a
hangout for gangs. The previous speaker brought up a good point about
safety concerns and emergencies because the complex was forced to close
its gate. Residents are prisoners in their homes.
Michael Case, 328 S. Prospectors Rd., #52, said the core issue was that
Scribbles was operating outside of the bounds of its Conditional Use Permit.
If one views the website and looks at the flyers that litter the ground in the
mornings or if one drives by the club and witnesses the crowds standing
outside, it is obvious that this place's primary interest is not as a restaurant,
but as a nightclub. As for the pictures, a time and date stamp on a picture is
trivial to mock up. All one needs to do is to change the date on the camera
or on the computer. He is not accusing Mr. Astavakra of lying, but the
evidence needs to be taken with a grain of salt. He said he had driven by
Scribbles countless times at different times of the evening and night and
there was always a line of cars packed into the corner of K -mart that is not
shown in the applicant's pictures.
Eddie and Andrea Martinez, 328 S. Prospectors Rd., have lived in the
complex for five years. Andrea Martinez said she was personally assaulted
by one of the Scribbles patrons at 11:00 p.m. on Thursday night when she
was coming home from school. The individual was cursing at her, banging on
her door and telling her to let him in through the gate because he and his
girlfriend had to get their car. She called the Sheriff and two squad cars
arrived to speak to the individuals. It was a very frightening experience.
Groups have patrolled the area in order to witness what occurs, and they
have seen girls dressing on the street and people urinating in the bushes.
The Fall Creek complex is a very nice community and to not be able to use
the security gate is a real invasion of privacy. Eddie Martinez said that the
past year and a half had been hell for them. Not only have they had to take
time to patrol their areas they have to be home before the nightclub opens to
avoid being involved in the traffic and the people who patronize the
establishment. For the owner to say Scribbles is not a club is ridiculous
because it is a club. Driving to work in the morning she hears
announcements on KISS -FM inviting people to come to Scribbles. The
MAY 2, 2006 PAGE 25 CITY COUNCIL
Planning Commission denied the CUP, and the following Thursday Scribbles
was open for business. These are not the type of people she wants in her
City, and she strongly urged the Council to deny the appeal.
Danoush Tehrani, 364 S. Prospectors Rd., said that when he moved to D.B.
two years ago he knew it to be a safe and quiet place. However, Scribbles is
neither safe nor quiet. He was once inside the club and paid the owner $10
to enter. There are three different stages with three different types of music
with young people dancing. He did not see a restaurant and did not know
how they could call it a restaurant. He asked the Council to please take
action. His car was vandalized and he paid $8,000 to have it repaired. He
has proof of the repair payment and stated that the vandalism occurred the
same day that 15 other cars were vandalized.
Fred DeNellis, Internal Security Consultant for Scribbles stated that he has
heard many false accusations about Scribbles. He is also a security
professional with a law enforcement background. His job is to survey
establishments before he puts his team into operation to make sure it is safe
for him and his staff. Scribbles is a dining facility. A lot of things that people
have not seen is that there are numerous amounts of people inside the
establishment for sit down dinners on both sides of the dancing areas. Dining
services are provided up until at least 10:00 p.m. The type of people that visit
the establishment -• again, it is not a nightclub. He said they have people that
like to go there for music, for entertainment and for socializing and that is
what this establishment is, it is not a nightclub. A nightclub is what you
consider nightclubs in downtown Los Angeles. This establishment is very
concerned about who it allows in. He has heard from the tenants of their
neighbors nothing but gang affiliation claims. That is a zero tolerance with
this establishment. He said he was the liaison with the Los Angeles County
Sheriffs Department and with the owners of the establishment, and they
look to him to preserve the right of those individuals that are allowed into the
establishment, what they want, and also provide escort services out of the
establishment when those individuals do not fit the criteria of what the
establishment wants as far as visitors. The establishment has many outside
agency individuals that come in to the establishments to entertain theirwives,
their boyfriends, their girlfriends, etc. This is the type of atmosphere
Scribbles has portrayed, and he has been with Scribbles dinner
establishment for the past year and a half. If he did not feel comfortable
working there he would not have started this whole thing. All he could say
was that he would like for the Council to reconsider what it had been hearing
as far as hearsay and what is fact.
Ken Manusia has lived in D.B. for many years. He and his wife visit the
Scribbles Restaurant. Scribbles' serves good Indian food and American food.
He and his wife have visited the establishment more than 12 times since
2004, never had their cars damaged, never experienced rude treatment and
never were caused any kinds of problems. He has remained at the
MAY 2, 2006 PAGE 26 CITY COUNCIL
establishment late and always felt safe. There is a good mix of age group.
He is 49 and he has seen older people at Scribbles. He wanted to say
something positive about the facility.
Richard Acosta said he has been going to Scribbles for about two years and
taken a lot of his dates for dinner. He said he did not understand a lot of the
speakers because Scribbles does not let them close to the gate area. The
gentlemen direct patrons to parking at the back of the club. There are no
gangs at Scribbles, and he has never had any bad experience in all, of the
times that he has gone to the establishment. He has seen the Sheriffs there
and he has seen them inside. He does not know how the gentleman can say
the Sheriff's are afraid. They are there every so often, and nothing happens
to them. Every time he has gone to Scribbles he has had a good time, and
he has never seen anything negative at Scribbles. He has only positive
things to say about Scribbles. He has taken his family there, and he has
taken his son there. They have a great security that takes care of everyone,
and he feels very safe there when he goes in and when he comes out.
Jing Se Choi (James) said he saw two guards on the video and that although
they may block the people, they do not block the music to the community.
The applicant said that the website was not their website, but isn't the
website a reflection of what the establishment does and what service it
provides? He said he believed that when the City first issued the Conditional
Use Permit, it was like an agreement; and the applicant knows what should
and should not be done. It is not to say that the City wants to put them out of
business, the City is saying that the applicant does not comply with the CUP.
If the business is projected to be successful, it should be projected based on
the conditions of the permit. If the business cannot find a legitimate way to
earn money, he is sorry about that, but perhaps the applicant made a wrong
investment. The applicant cannot modify the permit to suit his own needs.
He should first analyze what can be done with the CUP and earn the money
from the business. The Planning Commission hearing was two months ago
and Scribbles is still conducting business as usual. If the applicant wanted
the people to give his establishment a chance, he should be willing to
change his attitude to warrant being given a chance. With all of the recent
activities it does not appear that the applicant wants a chance to remedy the
situation because he is still continuing the nightclub business knowing that it
disturbs the community. The applicant can argue that outside of the
premises is not his responsibility, but he has advertised to draw the type of
people to his establishment that cause safety concerns in the community.
Tony Benowitz said he went to Scribbles when it first opened and enjoyed an
amazing rack of lamb dinner. He is a bartender, server, band member and
student. His Dad is a caterer, and he understands it is tough to make a living
in the food business. He wanted the restaurant to make it. He told people
about Scribbles, and when he went back for another visit it had turned into a
club. He said he was present with friends in the community, and he felt he
had to stand up for women, children and the elderly and the potential for
MAY 2, 2006 PAGE 27 CITY COUNCIL
having a problem. The applicant's attorney mentioned a homicide in front of
the bowling alley, and Mr. Benedito said he was sure there could be a
potential homicide in front of Mary's Hallmark, for example, but the potential
with 500 people who do not know each other and are drinking is a potential
for problems. The City cannot sit around and wait for something bad to
happen. He does not personally have a problem with the establishment, but
he cannot stand on the sidelines and watch his community suffer. He feels
for Mr. Astavakra, but he is not living up to the CUP, and he must. Fall Creek
is a very diverse community that has no problem with its diversity and with
people. However, the residents have a problem with activities, and that is
what is being addressed tonight. He hoped the Council would make the right
decision.
Mr. P.N. Patel stated that he had invested money in the establishment but
had not done so until he went through the entire process with Los Angeles
County. He sat through the meeting and has a copy of the minutes, and they
are allowed to have private parties. He does not know that private parties
mean only weddings, anniversaries and birthday parties. After he obtained
the license he invested more money into lining up other private parties —
fraternities. He has had 31 fraternity parties, and to get them it took him a
long time. From CalPoly Pomona and Cal State Fullerton, he has had 31
parties within the last year. As soon as he hears the promotion is not valid,
he tries to track it down to tell them not to advertise that way because the
City does not like it. He was allowed posters before, but LA County said not
to do the posters, and they are not doing posters. Although a member of the
City said he could not charge admission, he was told by LA County that he
could. He said D.B. was calling it a nightclub and the remarks he got from
Los Angeles County officials was, "well, just don't call it a nightclub if you
know what 1 mean.. If you want to call it a day club, or call it a dance club if
you want." It's in the minutes, and he was joking about it, so I said okay,
won't call it a nightclub. He said "Call it anything you want because you do
have an entertainment license." Based on that CUP — based on that license,
invested all the money; and I made sure that the establishment never
crossed the boundary ever. And there are things that other websites reflect
about the restaurant. He does not tell them what to do, and as soon as he
catches them he tells them. Unfortunately, he did not have everything figured
out when Lt. Maxey was there on March 2, and he said there would be 2000
or 3000 people. That was a private event sponsored by Camel cigarettes —
RJ Reynolds event. He has all of the records. It was a three-week event and
it was a private party. The fraternity parties are also private, and they bring
their own DJ's. On any given Thursday night Scribbles has multiple fraternity
parties. It is very hard to have them come again and again. There are 45,000
students at CalPoly, and there are 38 fraternity and sorority clubs. He has
access to 16. That does not even include Cal State Fullerton. Those are the
private parties, and that is why he decided to come here and speak. He was
present during the last hearing, but he did not take the stand even though he
had invested a lot of money because whenever other people said something
it was fact, and whenever he would try to say something, it was allegations.
MAY 2, 2006 PAGE 28 CITY COUNCIL
He was trying to make sure that he was abiding by the CUP as he
understands it. He went to the meeting, and after that meeting he invested
$900,000. More than anything he wants to protect his investment and that is
the reason he is present this evening. He took the photographs, and a
Sergeant who works for D.B. saw him taking the pictures. Every picture was
taken of every cornerthat was in question. He has a letter coming from Carl's
Jr. that will state there has been no harm to his employees, that they have
not been threatened and do not feel threatened and that Scribbles is actually
good for their business.
ICDD/Fong said that one of the comments by the applicant was that he was
not afforded due process. Staff's report refers to this allegation. The
applicant was properly noticed about the March 14 Public Hearing by
Certified Mail. Staff contacted the applicant, and the applicant told staff that
he would be out of the country and requested a continuance. Staff complied
with the request and continued the matter to April 11. Since the applicant
was first notified, he was aware of the Public Hearing to consider whether he
was operating within the Conditional Use Permit. Regarding the comment
about the Los Angeles County Business License, she attended the
Commission hearing. It took Scribbles two years to obtain a business license
as a condition of the CUP. As stated in staff's report and as the Council
knows, D.B. contracts with LA County for the issuance of business licenses.
Staff attended the hearing to make certain that the Business License
Commission Members were aware that the Conditional Use Permit approval
was for a dinner house with very light entertainment and that there is no
nightclub use permitted. The hearing was frustrating, but staff made it clear
that the business license should not be approved for a nightclub, only as a
dinner house. As far as selective enforcement and the bowling alley, she was
unable to address that concern and directed the Council to the Sheriff's
Department. The Los Angeles County Fire Department approved the
maximum occupancy at 582 according to the applicant, and that is different
from the application provided to the City by the applicant.
Lt. Maxey said that he and his colleague spoke about taxing the
Department's resources and about the clientele that patronizes Scribbles. It
would seem to him that in the City Council chambers his Department would
be free from those issues. However, he and Sgt. Sachs were subjected to
an intoxicated individual who sat behind them waiting to testify in defense of
Scribbles tonight. When the flyer showing the naked woman was produced,
this individual began making sexual innuendoes to Sgt. Sachs, and because
he created a disturbance, Lt. Maxey was forced to request a unit to pick up
the individual and escort him out of the building. The unit escorted the
individual out of the City. Lt. Maxey said that if this isn't a prime example of
what this facility brings to the City, he does not know what is.
C/Tye said he had breakfast at Continental Burger last Saturday, and
Continental Burger is next door to Scribbles.
MAY 2, 2006 PAGE 29 CITY COUNCIL
M/Herrera said that over a year ago she was driving on the SR 60 into East
Los Angeles and took the off ramp at Garfield and Wilcox where she saw a
bright fluorescent poster advertising Scribbles. She wondered at the time
why there would be a scribbles poster in East Los Angeles. She thought it
could not possibly be advertising the D.B. Scribbles, but as she got closer to
the poster she saw clearly that it was Scribbles on Gentle Springs Ln. in D.B.
She fails to understand why if, as the owner maintains, the events are only
private parties, that posters would be displayed in East Los Angeles inviting
people to attend the facility on Thursdays, Fridays and Saturdays for drinking
and dancing.
C/Chang said it is the obligation of Council Members as representatives of
the people to drive around the City to make sure that the City is safe and well
maintained. He has heard enough to know that he does not need to visit the
area. He has had people call him, and he has seen the advertisement at the
freeway exit. He has heard enough and does not believe he needs to check
inside the facility.
Mr. Weiser expanded his recusal motion to include M/Herrera and C/Chang.
He thought it was absolutely clear that they represented the public, but had
constitutional standing in these hearings, and that's what courts of law are
for, to enforce those constitutional standards. He cited the case Stivers v.
Pierce that says that you can't even have an appearance of bias. Certainly
the remarks he has heard here go beyond the appearance of bias, they go to
the issue of actual bias. He said that he thought when people make remarks
about saying I saw this poster a year ago, and they are wondering why this
poster is out there in East Los Angeles, that goes to the issue of whether one
can be a fair adjudicator at this hearing. With Council Member Chang's
remarks he felt it went to the question of even being a fair adjudicator. And
that is what a Council Member's constitutional duty is. Regardless of whether
the Fall Creek members think this is a buddy -buddy club and this is their
home, a court is going to look at what the United States Constitution says
and what State law requires and not what people come up here and say
based on hearsay, or Lt. Maxey, maybe we should put a CUP for any patron
of Scribbles not to be able to attend the City Council. Lt. Maxey has come up
with a whole new issue here. But that is what is required, and I'm going to
ask that the whole Council recuse itself. As far as C/Tye and C/Tanaka, he
seriously disagreed with the City Council's analysis. One of the conditions
being appealed here is a finding by the Planning Commission that the
original Planning Commission issued the CUP based on misrepresentations
and fraud. C/Tye stated earlier that if he had known that Mr. Astavakra was
going to operate in the way he is currently operating, that he would have not
voted for this original CUP. So these Council Members are absolutely in a
conflict of interest in terms of being able to vote on this appeal, and he asked
that for the record it be stated that he wanted a motion on his recusal
whether in fact the individuals were going to recuse themselves or not before
voting on the actual substance. Now as far as ICDD/Fong goes, notice does
not mean just notice. Mr. Weiser cited case United States v. James Good
MAY 2, 2006 PAGE 30 CITY COUNCIL
Realty, a 1965 U.S. Supreme Court case. It states that you must have
knowledge of the specific charges and meaningful time to respond. Giving
somebody the specific charges two days before the hearing and expect them
to respond in two days. And you do have the duty to give them the underlying
evidence and not just rely on double hearsay, triple hearsay coming up here.
Because that is what a court of law is going to require. As far as the equal
protection challenge that we made as far as the bowling alley, there is a
police log and that police log will tell the story of whether in fact Scribbles is
being treated deferentially. He said he has heard nothing here as far as the
evidence that supports that there is a violation of the CUP. There is a
business license in place from the County of Los Angeles. It is effective until
May 31, 2006. It is still operative. You have an opportunity to raise your
challenges of public nuisance and violation of your CUP at that business
license hearing. You lost at that hearing. ICDDIFong indicated that she
raised issues about the nightclub. You never appealed it to a court of law.
You are administratively collaterally stopped from putting the cart before the
horse and saying that they are in violation of their CUP. You have to go first
to the County and get them not to renew that business license and then go
back and do your land use planning. They have a business license. They
have an absolute legal right to operate as they have. And one thing I'm
seriously concerned (about) is what's the definition of a nightclub? Nobody
has defined what a nightclub is here. CITye said he thought the owner could
charge at the door. There is no evidence they are operating as a nightclub.
What is the definition? What is your standard of a nightclub? They have an
entertainment license from the County of Los Angeles. You were there at the
hearing so how could they be in violation of what the County has given them
and has told them is permissible. There is not substantial or any kind of
evidence to support the Planning Commission's findings. There is no
evidence here to support a modification of the CUP, and as he said, there is
a jurisdictional problem of the Council voting on something aside from the
recusal on something where the County of Los Angeles permits them to do
what they do. And in final remarks he heard a lot of hearsay and a lot of
emotionalism from testimony from Fall Creek members about doing the right
thing. We'll, do the right thing under the Constitution. We live in a country of
laws. We live in a country where people cannot just come up and deprive
another person of a livelihood without due process of law. Thank God we
have courts of law that are final adjudicators of these issues. And 1 would
hope that we don't have to end up there. As I said, there's a practical issue
here that you have to consider. This is going to be very, very costly to the
City and to my clients if we have to fight this out in a court of law,and my
experience is that we'll be back here in two or three years, and we'll get
nowhere. Now maybe this is a political hot potato, and maybe politically you
vote based on what you have to do for your constituents, but that's not the
right thing for the City and the ultimate goal here. So I would urge you, find a
middle ground. The wisdom here is to find a middle path. Send this back to
the Commission. See if there's a way of working this out before you make a
final decision on this.
MAY 2, 2006 PAGE 31 CITY COUNCIL
M/Herrera closed the Public Hearing at 10:42 p.m.
CA/Jenkins commented on the record regarding assertions made by counsel
for the business owner. First, with respect to the procedural due process
issue, he would note that as ICDD/Fong indicated the business owner was
given ample opportunity and notice to prepare for the Planning Commission
hearing. In any event, this gearing before the Council this evening is a de
novo hearing, meaning that the Council is hearing the evidence all overagain
and weighing the evidence, not examining whetherthe Planning Commission
was right or wrong. The property owner has appealed the matter to the City
Council, and the City Council is hearing the evidence anew and weighing that
evidence as Council Members. The property owner has had more than
sufficient notice of this hearing, and in fact, several weeks ago asked for
copies of the police reports and was advised in writing how he could obtain
copies of those police reports should he wish to review them. With respect to
the County Business License Commission, the City's Business License
Ordinance is a completely separate set of regulations than its land use
ordinances. When consideration is given to the issuance of a Business
License, consideration is based on completely different criteria. The
Business License Commission looks to a very narrow range of issues
pertaining to the character of the operator of the business, whether that
person is a legitimate person, whether that person has a criminal record,
making sure that there is ample security for the operation. It is not a land use
hearing. The City's Zoning Ordinance provides a completely separate
opportunity for the City to evaluate operations through the Conditional Use
Permit process. The City is in no way estopped from modifying or revoking a
land use permit based on the criteria contained in the code merely because a
business license has been issued or, for that matter, a business tax has
been paid. A property owner gains no rights simply by complying with
completely different aspects of the Municipal Code. Much has been made of
the fact that the business was cited in the intervening period between the
Planning Commission hearing and this hearing and that once the Planning
Commission action was appealed it was stayed, hence it is not in effect. That
is true. The citations are based on the existing CUP, not any modified CUP.
The existing CUP limits entertainment to private parties in the banquet room
only of the restaurant and only allows light entertainment in the form of jazz
or piano in the bar area only of the restaurant. That is what the current
existing CUP actually says. With respect to the issue of "bias", decision -
makers are disqualified by bias only if they are influenced by factors outside
of the merits of the matter. If the Council's decision is tonight based on the
evidence that has been brought, based on the staff report, based on the
testimony that has been received, and the Council is making its decision
based on that evidence and only that evidence that the Council has taken in
during the Public Hearing, then the Council is not biased. Council is biased
only if Members have prejudged the matter by virtue of some issue that is
unrelated to the merits that are before the Council tonight. Mr. Weiser has
raised a lot of legal terms that are applicable to trials in courts of law but that
are inapplicable to an administrative proceeding such as this. The Council is
MAY 2, 2006 PAGE 32 CiTY COUNCIL
permitted to hear testimony from residents — people who are neighbors of the
business; Council is permitted to consider the testimony that Members have
received; and the Council's duty is to determine whether or not there has
been substantial evidence presented to support whatever decision the
Council makes. The Council's decision must be based on substantial
evidence so that Members can make findings based on that evidence. The
standards applicable to a court of law, the prohibition against hearsay, and
some of the other rules are not applicable to this hearing. If the Council's
decision is ultimately judged by a court of law, it will bejudged on whether or
not the Council's decision was based on substantial evidence in the record
now before the Council.
C/Chang thanked CA/Jenkins for his input. Council Members are afforded
the right under the Constitution to allow the people to provide input so that
the Council Members are able to make an informed decision. The bottom
line is whether this operation is in compliance with the conditions under
which the owner was granted a permit regardless of extraneous issues. The
CUP was issued based on a bar and entertainment use and more precisely
"a jazz band, a guitarist or a pianist on a small stage within the bar and a DJ
with dancing for banquets and private parties held within the banquet room."
The CUP is quite clear and the conditions stated at the time were quite clear,
and the applicant was quite clear. The record indicates that the property
owner was committed to abiding by the conditions of the CUP. The owner of
the establishment, which was supposed to be used as a "restaurant" turned
the establishment into a business that was no longer in compliance with the
approved CUP. As a result, the City gave the applicant proper notice and
ample time in accordance with due process. When the applicant violated the
CUP he caused the City to respond accordingly. The Council heard from the
public and law enforcement officials that the safety of the public has been
compromised as a result of the operation, and Council bears the
responsibility to provide a safe environment for its residents.
C/Tye clarified for Mr. Weiser that "had I known in May of 2003" — he did not
say he would vote against the CUP, he would have considered it differently.
A fine dining restaurant is different than a nightclub; a fine dining restaurant
is different than a dayclub; it is different than what exists at Scribbles on
Gentle Springs Ln. in D.B. Mr. Weiser made reference to a County hearing
that he thinks C/Tye attended. C/Tye was not in attendance at any County
hearing. He wanted to make certain everyone was clear that he would not
put the recusal issue to a vote and that he would not recuse himself from
voting on this matter. In November 2005 more than 7,000 people in the City
of D.B. voted for him to serve on their City Council, and more than 5,000
people voted for C/Chang, and he could not imagine that a single person
who voted for either of them thought it would be a problem for them to make
a decision on behalf of the citizens. He reiterated that he had no intention of
recusing himself. The applicant has referenced hearsay time and time again
and in his opinion, it is moot and so much background noise. The issue is
whether Scribbles is operating within its Conditional Use Permit and de novo
MAY 2, 2006 PAGE 33 CITY COUNCIL
or otherwise, he believed he could make that decision tonight. Having come
to the table with no opinion, he believed that based on the evidence he did
not believe that Scribbles' was operating within the Conditional Use Permit,
Mr. Weiser said he was an advocate, and CITye said that he too is an
advocate — he is an advocate for the Fall Creek residents whose peace is
being disturbed and whose solitude is being ruined. He is an advocate forthe
citizens of D.B. who on Thursday nights have their safety compromised
when all of the City's public resources have to be marshaled to the Scribbles
area to be prepared to deal with large crowds. His daughter works at a local
business in D.B., and when she calls the Sheriff, as she did the other day,
she needs to be able to depend on their quick response. Any resident and
any business owner must be able to depend on adequate response from the
Sheriff's Department, and that assurance is not available with the kind of
resources that are being spent on Thursday night outside of Scribbles. And,
he did not believe those resources would be required for an upscale dining
established. He believed Scribbles was a nightclub, and he was not sure
about the definition of a nightclub, but felt Scribbles came pretty close.
ClChang said that an operation with two massage tables and two masseuses
providing VIP treatment is not allowed under the CUP and is absolutely a
violation of the City's Code.
C/Tanaka said that he was present on the Planning Commission when the
applicant initially applied for the Conditional Use Permit and believed he
understood the application process and what the property owner proposed.
Tonight he will not recuse himself ,and he will make his decision based on
the evidence provided to the Council this evening. Further, he will base his
decision on whether the business is operating in conformity to the approved
CUP, whether it is a public nuisance, whether it is threatening the health and
safety of the community and whether to revoke the entire Conditional Use
Permit.
M/Herrera stated that this City spends $5 million a year for its public safety
budget and to have, as has been mentioned, all of the public safety
resources in one location because it is difficult to maintain law and order is a
travesty. The adjacent businesses are having difficulty with business being
chased away because there is a lack of parking in their lots, and there are so
many individuals loitering and Using the parking lots of fast food
establishments as outdoor restrooms, it was, she believed, a public
nuisance. There was a comment that the information from the residents was
"hearsay." The individuals that spoke observed things happening, and that is
not hearsay, it is eyewitness testimony.
ClChang moved, C/Tanaka seconded to adopt Resolution No. 2006-40
denying the appeal and upholding the Planning Commission decision.
Motion approved by the following Ralf Call vote:
MAY 2, 2006 PAGE 34 CITY COUNCIL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
8. COUNCIL CONSIDERATION None
Chang, Tanaka, Tye, M/Herrera
None
MPT/Zirbes
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang thanked everyone present for participating in tonight's meeting and wished
everyone a good evening.
C/Tanaka attended the Lorbeer Middle School Evening of the Stars Open House
and Student Recognition and attended the Soroptimist Awards Banquet on behalf of
the City.
C/Tye attended a Neighborhood Traffic Management meeting with AE/Molina
presenting an excellent program. Traffic is the City's number one concern and he
encouraged everyone to invite friends and join with the City in future meetings and
become engaged in the process. He encouraged everyone to also become
involved with the Lemon Ave. Scoping meetings, a long and involved process. He
hoped to see many people at the Brahma Foundation Casino Night on Friday. He
congratulated Congressman Gary Miller, a co -recipient of the League of California
Cities Congressional Leader of the Year Award. Congressman Miller was
recognized primarily for his support of Community Development Block Grant
funding. C/Tye congratulated Assemblyman Huff who was reappointed as a Whip
in the State Assembly. MPT/Zirbes is in Sacramento and will check into the hospital
tomorrow for surgery at 47:30 a.m. on Thursday morning. He asked that everyone
keep MPT/Zirbes in their thoughts and prayers and encouraged everyone to flood
his room with cards at Sutter General Hospital, 2801 L Street, Sacramento, CA
95816. He said he could think of nothing better than to have the hospital
administration complain about the flood of mail to Bob Zirbes. He thanked everyone
for participating tonight and said he appreciated being allowed to serve on the City
Council.
C/Chang said that MPT/Zirbes requested no flowers.
M/Herrera thanked everyone for participating in this evening's meeting.
MAY 2, 2006 PAGE 35 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular
City Council meeting at 11:05 p.m.
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2006.
CAROL HERRERA, MAYOR
Agenda # 6- z
Meeting Date: May] 6, 2006
CITY COUNCIL
AGENDA REPORT
TO: Honorable Mayor and Members of e City Council
VIA: Linda C. Lowry, City Manager �
TITLE: Ratification of Check Register dated April 28, 2006 through May 11, 2006
RECOMMENDATION:
Ratify Check Register containing checks dated April 28, 2006 through May 11, 2006
totaling $1,073,626.11.
FINANCIAL IMPACT:
Expenditure of $1,073,626.11 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated April 28, 2006 through May 11,
2006 for $1,073,626.11 is being presented for ratification. All payments have been
made in compliance with the City's purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Finance Director
Assistant City Manager
Attachments: Affidavit and Check Register — 04/28/06 through 05/11/06
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listing of demands, invoices, and claims in the form of a check register
including checks dated April 28, 2006 through May 11, 2006 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Fund #
Description
Amount
001
General Fund
$798,785.25
011
Community Organization Support Fd
1,300.00
112
Prop A - Transit Fund
19,197.23
115
Int. Waste Mgt Fund
3,424.00
118
AB2766 - AQMD Fund
6,746.97
125
CDBG Fund
1,206.68
138
LLAD #38 Fund
18,154.25
139
LLAD #39 Fund
28,356.14
141
LLAD #41 Fund
9,294.84
250
Capital Improvement Project Fund
187,160.75
$1,073,626.11
Signed:i/'
Linda G. Magnuson
Finance Director
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date lCheckNumberl Vendor Name Transaction Description Fundi Dept Acct # [ Amount I Tota! Check Amount
5/11/2006
06 -PP 09
PAYROLL TRANSFER I
PIR TRANSFER-06/PP 09
139
10200
1,140.56
$117,009.67
511112006
PAYROLL TRANSFER
PIR TRANSFER-061PP 09
141
10200
1,140.46
$59.54
5111/2006
70532
PAYROLL TRANSFER
PIR TRANSFER-061PP 09
118
10200
863.44
45310
5/11/2006
$1,200.00
PAYROLL TRANSFER
PIR TRANSFER-06/PP 09
125
10200
915.68
21105
511112006
$537.67
PAYROLL TRANSFER
IPIR TRANSFER-061PP 09
138
10200
1,140.52
23011
5/11/2006
$2,090.00
PAYROLL TRANSFER
PIR TRANSFER-061PP 09
001
10200
105.444.59
5/11/2006
46415
PAYROLL TRANSFER
PIR TRANSFER-06/PP 09
112
10200
4,435.42
BRAVO SIGN AND DESIGN
5/11/2406
TEMP SIGN-SYC CYN PK
PAYROLL TRANSFER
PIR TRANSFER-061PP 09
115
10200
1,929.00
514!2006
70531
ADELPHIA
MODEM SVCS -COUNCIL
0014010
42130
46.95
$46.95
ALLIED STORAGE CONTAINERS
EQ RENTAL -RECREATION
0015350
42130
59.54
$59.54
5/4/2006
70532
51412006
70533
ANGELS BASEBALL
EXCURSION -DAY CAMP
0015350
45310
1,200.00
$1,200.00
5/412006
70534
IBENESYST
515146 -PIR DEDUCTIONS
001
21105
537.67
$537.67
5/4/2006
70535
1BONTERRA CONSULTING INC.
PROF.SVCS-FPL 2006-09
001
23011
2,090.00
$2,090.00
5/4/2006
70536
BRAVO SIGN AND DESIGN
TEMP SIGN-PANTERA
2505310
46415
183.18
$995.06
5/412006
BRAVO SIGN AND DESIGN
TEMP SIGN-SYC CYN PK
2505310
46415
811.88
70537
IGLORIA BURT
IRECREATION REFUND
001
34780
65.00
$65.00
514/2006
70538
CALIFORNIA CONTRACT CITIES ASSOC.
CGCA CONF-CAPT KWAN
0014030
42330
275.00
$275.00
5/412006
5/4/2006 1
70539
ICATALINA BALLAST BULB COMPANY
MAINT-PANTERA PK
0015340
42210
856.04
$858.04
514/2006
70540
JALICE CHIEN
CONTRACT CLASS -SPRING
0015350
45320 1
-573.001
$573,00
5/412006
70541
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.74
$38.22
5/4/2006
CINGULAR WIRELESS
CELL CHRGS-VAN
0014090
42125
12.74
5/4/2006
CINGULAR WIRELESS
CELL CHRGS-POOL VEH
0014090
42125
12.74
5/4/2006
70542
CONTACT OFFICE SOLUTIONS
JCOPIER MAINT-MARIAPR
0014090
1 42100 1
777.261
$777.26
5!4!2006
70543
JCRAFCOINC
SUPPLIES -ROAD MAINT
0015554
1 41250 1
761.821
$761.82
Page 1
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number
Vendor Name
Transaction Descnption
Fund/ Dept I Acct # I Amount I Total Check Amount
5/4/2006 70544 KIM CREWS REIMB-SUPPLIES HIR 0014060 41400 91.80 $91.80
5/4/2006 70545
DAY & NITE COPY CENTER
PRINT SVCS -EASTER EGG HNT
0015350
42110
78.87 $952.69
51412006
DAY & NITE COPY CENTER
PRINT SVCS -EASTER EGG HNT
0015350
42110
158.61
5/412006
DAY & NITE COPY CENTER
PRINT SVCS -EASTER EGG HNT
0015350
42110
19.38
5/4/2006
DAY & NITE COPY CENTER
PRINT SVCS -RECREATION
0015350
42110
266.04
5/4!2006
DAY & NITE COPY CENTER
PRINT SVCS -RECREATION
1 0015350
42110
406.54
514/2006
DAY & NITE COPY CENTER
PRINT SVCS -EASTER EGG HNT
0015350
42110
23.25
5/412006 1 70546
DELTA DENTAL
MAY 06 -DENTAL PREM
0014095
40090
30.57 $1,938.58
5141211116
DELTA DENTAL
IViAY 06 -DENTAL PREM
0014045
40070
35.05
5/4/2006
DELTA DENTAL
MAY 06 -DENTAL PREM
001
21104
1,695.41
5/4/2006
DELTA DENTAL
MAY 06 -COBRA PREM
001
21104
177.55
514/2006
70552
DIAMOND AGE SENIOR CLUB
FOOD REIMB-CITY BIDAY
0015350
42353
55.00
$55.00
514!2006
70547
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
DIAMOND BAR INTERNATIONAL DELI
11
42120
MTG SUPPLIES -SHERIFF
0014411
42325
745.00
EXPRESS MAIL CORPORATE ACCOUNT
$845.00
514/2006
70548
5/4/2006
IDIAMOND BAR INTERNATIONAL DELI
IMTG SUPPLIES -RECREATION
0015350
41200
100.00
14.40
5/4/2006
IDISPLAY APPEAL
SUPPLIES -CITY HALL
0014090
41200
169.711
$169.71
5/4/2006
70549
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
JEMPLOYMENT DEVELOPMENT DEPARTMENT
UNEMPLOYMNT CHRGS-JAN-MAR
0014090
40093
183.001
$183.00
5/4/2006
70550
001
23010
RONALD EVERETT
PLNG COMM -MAR
1 0015210
1 44100
130.00
$130.00
5/4/2006
70551
514/2006
70552
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-191
001
23010
14.40
$119.60
5/4/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
0014090
42120
18.80
5/4/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-192
001
23010
14.40
5/412006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-192
001
23010
14.40
5/4/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-191
001
23010
14.40
514/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -GENERAL
0014090
42120
14.40
514/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2004-85
001
23010
14.40
5/4/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXPRESS MAIL -FPL 2006-193
001
1 23010
1 14.40
5/4/2006 1 70553 JEZ AUTOMATED SYSTEMS INSTALL -DOORS CITY HALL 0014090 1 46.310 8,475.00 $8,475.00
Page 2
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date 4 Check Number Vendor Name
5/4/2006 1 70554 JDAVID FERNANDEZ
Transaction Description Fun:d/Dept Acct # Amount Total Check Amount
,CT CLASS -SPRING 0015356 45320 1 866.20 $866.20
5!4!2006 70555 GEOPRISE.NET COMP MAINT—SOFTWARE 0014070 42205 3,000.00 $3,004.00
51412006
70556
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG ASSESSMNT-DST 38 1385538
44000
809.50
$2,428.50
5/412006
5/412006
GFB FRIEDRICH & ASSOCIATES tNC.
LNDSCPNG ASSESSMNT-DST 39 1395539
44000
809.50
R46415
514120065
$185.54
GFB FRIEDRICH & ASSOCIATES INC.
LNDSCPNG ASSESSMNT-DST 41 1415541
44000
809.50
5/4/2006 70557 JGWENDOLYN GRAMMES IRECREATION REFUND 1 001 1 34780 1 40.00 $40.00
5/4/2006 I 70558 (GROUP DELTA CONSULTANTS
51412006 1 IGROUP DELTA CONSULTANTS
DESIGN SVCS-DBCIDBB 2505310 46415 14,000.001 $22,750.00
DESIGN SVCS-DBCIDBB i 2805310 i 46415 1 $,750.00
514/2006
70559
JESUS HERNANDEZ
RECREATION REFUND
001
34780
40.00
$40.00
5/412006
70560
HIRSCH & ASSOCIATES INC.
DESIGN SVCS-SCY CYN PK
2505310
R46415
185.54
$185.54
5/4/2006
70561
INLAND EMPIRE STAGES
EXCURSION -PALM SPRINGS
0015350
45310
2,115.00
$2,882.00
514/2006
INLAND EMPIRE STAGES
TRANSPORTATION-EXCURSN
1125350
45310
767.00
5/4/2006
70562
INLAND VALLEY DAILY BULLETIN
LEGAL AD -FPL 2004-85
001
23010
204.00
$319.20
5/412006
INLAND VALLEY DAILY BULLETIN
LEGAL AD-TRFFC MODIFICATN
0015510
42115
115.20
5/4/2006
70563
JINLAND VALLEY HUMANE SOCIETY
ANIMAL CONTROL SVCS -MAY
0014431
45403
6,871.92
$6,871.92
5/4/2006
70564
INTERNATIONAL CITY/COUNTY MGMT ASSN
MEMBERSHIP DUES -S GOMEZ
0015510
42315
125.001$125.00
514126Q6
70565
INTERNATIONAL CITYICOUNTY MGMT ASSN
MEMBERSHIP DUES-DOYLE
0014030
1 42315 1
1,042.63
$1,042.63
5141200670566
GLORIA JARBOE
RECREATION REFUND
001
34740
64.00
$64.00
5/4/2006
70567
IJOE MCMANUS
]PLNG COMM -JAN -FEB
0015210
44100
260.001
$260.00
5/4/2006
70568
IKIRK STEINKE ELECTRIC
SUPPLIES-C/HALL
0014090
1 46310 1
1,515.00
$1,515.00
514/2006 1
70569
JKWIK COVERS
SUPPLIES-B/DAY CELEB
0015350
1 41200 1
1,416.00
$1,416.00
Page 3
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date IcheckNumbed Vendor Name Transaction Description Fund/ Dept FTCct # Amount Total Check Amount
514!2006
70570
LOM ASSOCIATES INC.
PROF.SVCS-FPL 2006-186
001
23010
545.58
$1,986.97
5/4/2006
70575
LDM ASSOCIATES INC.
PROF.SVCS-FPL 2005-161
001
23010
183.02
$8.00
5/412006
70576
LDM ASSOCIATES INC.
PROF.SVCS-FPL 2005-167
001
23010
606.45
42110
5!4!2006
190.52
LDM ASSOCIATES INC.
PROF.SVCS-FPL 2006-186
001
23010
25.67
MOONLIGHT PRESS
5/4/2006
PRINT SVCS-PIWORKS
LDM ASSOCIATES INC.
ICONSULTING SVCS -FEB 06
0015210
44000
346.25
5/4/2006
LDM ASSOCIATES INC.
PROF.SVCS-FPL 2005-152
001
23010
140.00
1
1 45221
5/412006
$4,497.50
LDM ASSOCIATES INC.
PROF.SVCS-FPL 2005-160
001
23010
140.00
1
5/4/2006
70571
KWANG HO LEE
PLNG COMM -JAN -MAR
0015210
44100
390.001
$390.00
5/4/2006 1
70572
ILEWIS ENGRAVING INC.
SUPPLIES-PLNG
0015210
41200
132.07
$132.07
5/412006
70573
LOS ANGELES COUNTY PUBLIC WORKS
INDUSTRIAL WASTE -MAR
0015510
45530
320.75
$1,201.38
130.001
5/4/2006
5/4/2006 1
LOS ANGELES COUNTY PUBLIC WORKS
TRAFFIC SIGNAL MAINT-MAR
0015554
45507
758.86
463.50
$463.50
5/4/2006
70581
LOS ANGELES COUNTY PUBLIC WORKS
SUMP PUMP MAINT-MAR
0015340
45300
121.77
$195.00
5/4/2006
5/4/2006 1
70574
JJOSEPH MAXEY
REIMB-MTG SUPPLIES
1 0014411 1
42325 1
490.00
$490.00
5/4/2006 I
70575
MOBILE INDUSTRIAL SUPPLY INCORP
SUPPLIES -RBC
1 0015333 1
41200 1
8.00
$8.00
5141200fi
70576
MOONLIGHT PRESS
PRINT SVCS-PLNG
0015210
42110
190.52
$381.04
5/4/2006
MOONLIGHT PRESS
PRINT SVCS-PIWORKS
0015510
42110
190.52
514!2006
70577
MUNICIPAL ENGINEERING RESOURCES
CONSULTING SVCS -APR 06
0015510
1 45221
41497.50
$4,497.50
5/4/2006
70578
GARY L NEELY
CONSULTING SVCS -FEB 06
0015210
44210
1,620.00
$3,240.00
5!4!2006
GARY L NEELY
CONSULTING SVCS -MAR O6
OQ15210
44210
1,620.001
1
514!2006
70579
ISTEVE NELSON
JPLNG COMM -MAR
0015210
144100 1
130.001
$130.00
5/4/2006 1
70580
INEXTEL COMMUNICATIONS
JAIRTIME CHRGS-P/W,C/S,C1D
1 0014090
1 42130 1
463.50
$463.50
514/2006
70581
JDANIEL NOLAN
]PLNG COMM -JAN -FEB
1 0015210
1 44100 1
195.001
$195.00
5/4/2006
70582
JOLYMPIC PACKAGING CO INC
SUPPLIES -RECREATION
1 0015350
41200 1
150.251
$150.25
51412006
70583
OLYMPIC STAFFING SERVICES
TEMP SVCS -WK 416
0015210
44000
158.68
$774.54
Page 4
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number
5!4!2006 1 70583-
51412006
51412006
Vendor Name
YMPIC STAFFING SERVICES
YMPIC STAFFING SERVICES
YMPIC STAFFING SERVICES
Transaction Description
P SVCS -WK 3117
P SVCS -WK 313
P SVCS -WK 3130
Fund/ Dept I Acct # J Amount I Total Check Amount
0015240 1 44000 297.90 $774.54...
0015210 44000 158.88
0015210 44000 158.88
5/412006
70584
IP & 0 CONSULTANTS INC
1CONSULTING SVCS-ANNEXATN
0015210
44220
4,335,501
$4,335.50
5/4/2006
70585
JPAETEC COMMUNICATIONS INC.
LONG DIST CHRGS-APRIMAY
0014090
42125 1
882.971
$882.97
5!4!2006
70586
RE1ME PARENT
RECREATION REFUND
001
34740
35.75
$35.75
5/412006 70587 IPERS RETIREMENT FUND
5/4/2006 PERS RETIREMENT FUND
514/2006 I PERS RETIREMENT FUND
RE CONTRIB-EE 001 21109 21109 I 7 239.991 $18,707.41
OBOR BENEFIT nn
RE CONTRIB-ER I 001 I 21109 I 11,467.06
5/4/2006 1
70588
IROTO ROOTER PLUMBERS
MAINT-MAPLE HILL PK
0015340—r
42210 1
135.251
$135.25
5/4/2006
70589
IRUTH M. LOW
PLNG COMM -JAN -FEB
0015210
44100 1
195.00
$195.00
514!2006
70590
S C SIGNS &SUPPLIES LLC
SUPPLIES -ROAD MAINT
0015554
41250
141.81
$141.81
5/4/2006
SAN GABRIEL VALLEY TRIBUNE
AD-TRFFC SGNL INSTALL
0015510
42115
125.32
$342.76
5/4/2006
[_M69`1
SAN GABRIEL VALLEY TRIBUNE
LEGAL AD -FPL 2004-85
001
23010
217.44
514/2006 1
70592
ISCAN NATOA
ISCAN CONF-DOYLE
0014030
42330
125.00
$125.00
5/412006
70593
SCMAF
ITRACK MEET FEE -RECREATION
0015350-1
45300 1
230.00
$230.00
5/4/2006
70594
SO COAST AIR QUALITY MGT DISTRICT
LEASE -CITY HALL MAY 06
0014090
42140
21,204.75
$21,20475
514/2006
70595
ISOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
119,061
$119.06
514/2006
70596
STITCHES UNIFORMS & EMBROIDERY ---7SHIRTS-CITY
STAFF
0015350
142353
185.00
1
$571.26
1
5/4/2006
STITCHES UNIFORMS & EMBROIDERY
SHIRTS -CITY STAFF
0015350
42353
386.26
51412006
70597
ISULLY MILLER CONTRACTING CO
ST REHAB PROJ-WALNUT ST
2505510
46411
27,950.931
$27,950.93
51412006
70598
ISTEVEN TAKESHITA
JRECREATION REFUND
001
34780
40.001$40.00
Page 5
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date i Check Number
Vendor Name
I ransaction uescnption
Fund/ Dept I Acct # I Amount I Total Check Amount
5/4/2006
70599
ITHE KOSMONT COMPANIES
PROF.SVCS-MAR 06
0015240
1 44000 1
369.021
$369.02
514/2006
70600
ITRAINERS WAREHOUSE
SUPPLIES -RECREATION
0015350
1 41200
15.10
$15.10
5/4/2006
70601
TRUGREEN LANDCARE
ADDL MAINT-DIST 41
1415541
42210
286.42
$32,904.53
5/4/2006
70603
TRUGREEN LANDCARE
CIWIDE MAINT-DIST 39
1395539
45500
11,203.65
$313.62
5/4/2006
70604
TRUGREEN LANDCARE
CIWIDE MAINT-DIST 41
1415541
45500
3,409.35
$23,404.17
5/412006
TRUGREEN LANDCARE
ADDL MAINT-DIST 39
1395539
42210
335.46
5/4/2006
42125
TRUGREEN LANDCARE
ADDL MAINT-DIST 39
1395539
46250
1 3,350.00
5/4/2006
5/4/2006
VERIZON WIRELESS -LA
TRUGREEN LANDCARE
CIWIDE MAINT-PARKS
0015340
45300
8,122.30
5/4/2006
TRUGREEN LANDCARE
CrdJIDE MAIN T -DIST 38
1385538
45500
5;576.55
5!412006
TRUGREEN LANDCARE
ADDL MAINT-DIST 38
1385538
42210
120.75
514/2006
5!412006
TRUGREEN LANDCARE
ADDL MAINT-DIST 38
138553$
42210
500.05
0014070
5/412006
70602
UNITED PARCEL SERVICE
EXPRESS MAIL -GENERAL
0014090
J 42121 1
28.691
$28.69
5/4/2006
70603
JUS TOY COMPANY
SUPPLIES -CITY B/DAY
0015350
42353 1
313.62
$313.62
5/4/2006
70604
IVANTAGEPOINT TRANSFER AGENTS -457
05105/06 -PIR DEDUCTIONS
001
1 21108 1
23,404.171
$23,404.17
5/4/2006
70605
VERIZON CALIFORNIA
PH.SVCS-MAPLE HILI_
0015340
42125
90.72
$586.60
5/4/2006
VERIZON CALIFORNIA
PH.SVCS-REAGAN
0015340
42125
273.76
514/2006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
222.12
5/4/2006
70606
VERIZON WIRELESS -LA
MEMO CREDIT-EOC
0014090
42125
-32.90
$72.55
5/4/2006
VERIZON WIRELESS -LA
CELL CHRGS-DESFORGES
0014070
42125
45.71
5!412006
VERIZON WIRELESS -LA
CELL CHRGS-AZIZ
0014070
42125
162.10
5/4/2006
VERIZON WIRELESS -LA
CELL CHRGS-CMGR
0014030
42125
36.20
5/4/2006
VERIZON WIRELESS -LA
MEMO CREDIT-EOC
0014440
42125
-103.92
5/412006
VERIZON WIRELESS -LA
CELL CHRGS-EOC
0014091D
42125
-34.64
5/4/2006
70607
WELLS FARGO BANK
PUBLICATIONS-DOYLE
0015240
42320 1
350.00
$350.00
514/2006
70608
YI TONY TORNG
PLNG COMM -JAN -MAR
0015210
44100
390.00
$390.00
5/1012006
70609
ISCAN NATOA
ISCAN NATOA CONF-MCLEAN
0014030
42330
125.00
$125.00
Page 6
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number
Vendor Name
1 ransaction uescnpiion
Fund/ Dept I Acct # I Amount I Total Check Amount
5111126 70fi10 AARP MATURE DRIVING CLASS Q015350 45300 160,00
00 $160.00
5/11/2006 1 70611 AGI ACADEMY CORP
5/11/2006 AGI ACADEMY CORP
CLASS -SPRING 0015350 1 45320 1 590.001 $882.00
CLASS -SPRING 0015350 45320 292.00
5/11/2006
70612
GEORGE AGUILAR
PK REFUND -HERITAGE
001
23002
200.00
$200.00
5/1112006
5/11/2006
70613
AJAX SIGN GRAPHICS INC.
SUPPLIES -NAMEPLATE
0014090
41200
24.33
$24.33
5/11/2006
5/11/2006
70614
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070 1
45000
323.67
$3,975.16
951"1112006
5/11/2006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
238.15
155.00
5/11/2006
5/1112006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
345.30
72.00
5/1112006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
193.77
10.001
5111/2006
511112006
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
235.99
42353 1
5/11/2006
$409.61
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
698.21
0015350
5!1112006
409.61
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
203.51
MAINT-DBC
5/11/2006
42210
AMERICOMP GROUP INC
SUPPLIES -TONER
0014070
45000
408.10
5/11/2006
AMERICOMP GROUP INC
PRINTER MAINT-APR-JUN 06
0014070
1 45000
1 1,328.46
5!1112006
70615
T
PH.SVCS-GENERAL
0014090
42125
49.12
$77.09
5/1112006
JAT&
AT & T
PH.SVCS-GENERAL
1PH.SVCS-GENERAL
0014090
42125
20.34
5111/2006
AT & T
0014090
42125
7.63
Page 7
70616
BASHFORD ENTERPRISES
HIP PROG-20902 MOONLAKE
1 1255215
1 44000
291.00
$291.00
5111/2006 1
5/11/2006
70617
IBEAR STATE AIR CONDITIONING SVCS IN
PARK MAINT-HERITAGE
0015340
42210
155.00
$155.00
5/1112006
70618
RON BEVACQUA
CONTRACT CLASS -SPRING
0015350
45320
72.00
$72.00
70619
IBLUE STAR MARINE INC
OVERPYMNT-BUS REG
001
34560 1
10.001
$10.00
511112006
70620
IBOY SCOUT TROOP 730
PROCEEDS -CITY B/DAY
00115350
42353 1
409.611
$409.61
5/1112006
70621
JBOY SCOUT TROOP 788
PROCEEDS -CITY BIDAY
0015350
42353
409.61
$409.61
5/11/2006
70622
IBRUNDIGE GLASS
MAINT-DBC
0015333
42210
46.251
$46.25
5111/2006
Page 7
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date i Check Number
Vendor Name
Transaction Description
Fund/ Dept I Acct # [ Amount I Total Check Amount
5/11/2006
70623
IBUSINESS TELECOMMUNICATION SYS INC.
PH.SVCS LT
0014070
42125
199.00
$199.00
5/11/2006
70624
ICA PARKS & REC SOC -DIS XIII
CPRS MTG-MURPHEYITARAZON
0015350
42340
60.00
$60.00
5111/2006
70625
ICALIFORNIA CITY MANAGEMENT FOUNDTN
JIMEMBERSHIP DUES-LOWRY
1 0014030
1 42315 1
350.00
$350.00
5/1112006
70626
ICALVARY CHAPEL OF POMONA VALLEY
PK REFUND -PETERSON
1 001
23002 1
50.00
$50.00
5/11/2006
70627
JCATALINA BALLAST BULB COMPANY
SUPPLIES -DBC
I 0015333
41200 I
272.63
$272.63
5111/2006
70628 JCDW
GOVERNMENT INC.
EQ -HARDWARE I.T
0014070 1
46230 1
320.411
$8,601.24
511112006
70630
CDW GOVERNMENT INC.
SUPPLIES-.I.T
0014070
41200
75.17
$100.00
5/1112006
70631
CDW GOVERNMENT INC.
NETWORK SUPPORT -LT
0014070
42205
7,645.00
$50.00
5/11/2006
70632
CDW GOVERNMENT INC.
SUPPLIES -13
0014070
41300
197.18
$50.00
5/11/2006
70633
CDW GOVERNMENT INC.
EQ -HARDWARE IT
0014070
46230
363.48
$307.20
5/11/2006
70629
ICERTIFIED TRANSPORTATION
TRANSPORTATION -TINY TOTS
1125350 1
45310 1
247.621
$247.62
5/1112006
70630
IGEORGE CERVANTES
PK REFUND -DBC
001
23002
100.001
$100.00
5/11/2006
70631
ILISA CHAN
PK REFUND-PANTERA
001
23002 1
50.001
$50.00
5111/2006 1
70632
IMELISSA P CHANG
PK REFUND -HERITAGE
001
23002 1
50,001
$50.00
5/1112006
70633
ITINA CHANG
ICONTRACT CLASS -SPRING
0015350
45320 1
307.201
$307.20
5/11/2006
70634
ICHAPARRAL MIDDLE SCHOOL LEO CLUB
PROCEEDS -CITY B/DAY
0015350
42353 1
409.611
$409.61
5/11/2006
70635
CHARTER OAK GYMNASTICS, INC.
CONTRACT CLASS -SPRING
]CONTRACT
0015350
45320
1
526.60
$636.30
5/11/2006
CHARTER OAK GYMNASTICS, INC.
CLASS -SPRING
0015350
45320
1
109.70
5/11/2006
70636
ICHEMSEARCH
SUPPLIES -DBC
0015333-1
41200 1
224.561
$224.56
5/1112006
70637
JELSA CHOW
PK REFUND-REAGAN
001
23002
50.001
$50.00
5111/2046
70638
LINDA CHU
RECREATION REFUND
001
34740
64.00
$64.00
Page 8
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number
Vendor Name
5!1112006
70639
CIVIC SOLUTIONS INC
5/1112006
001
CIVIC SOLUTIONS INC
5/11/2006
$97.4x'
CIVIC SOLUTIONS INC
5/11/2006
902.50
CIVIC SOLUTIONS INC
5/11/2006
23010
CIVIC SOLUTIONS INC
5/11/2006
0015210
CIVIC SOLUTIONS INC
511112006
SUPPLIES -COMM SVCS
CIVIC SOLUTIONS INC
5/11/2006
95.00
CIVIC SOLUTIONS INC
5/11/2006
23010
CIVIC SOLUTIONS INC
5111/2006
0015210
CIVIC SOLUTIONS INC
Transaction Description
PROF.SVCS-FPL 2006-189
PROF.SVCS-2005-147
PROF.SVCS-FPL 2005-143
PROF.SVCS-FPL 2006-191
PROF -SVCS -APR 06
PROF.SVCS-FPL 2005-130
PROF.SVCS-FPL 2004-85
,PROF,SVC,9-APR 06
PROF.SVCS-KMART REVIEW
PROF.SVCS-ANNEXATION MTG
Fund/ Dept I Acct # I Amount I Total Check Amount
001
23010
617.50
$9,262.50
001
23010
1,187.50
$97.4x'
001
23010
902.50
SUPPLIES-PLNG
001
23010
2,090.00
$409.61
0015210
44000
712.50
SUPPLIES -COMM SVCS
001
23010
95.00
$10.00
001
23010
2,232.50
LEGAL SVCS -MAR 06
0015210
44000
712.50
$5,036.17
0015210
44000
427.50
P & R COMM -4/27
0015210
44000
285.00
$45.00
5/11/2006
70640
CROWN GRAPHICS
SUPPLIES -GENERAL
0014090
41200
52.49
$97.4x'
5/1112006
70642
CROWN GRAPHICS
SUPPLIES-PLNG
0015210
41200
22.47
$409.61
5111/2006
70643
CROWN GRAPHICS
SUPPLIES -COMM SVCS
0015350
41200
22.47
$10.00
5/11/2006
70641
CUB SCOUT PACK 737
PROCEEDS -CITY BIDAY
0015350
42353
409.fi1
$409.fii
5/1112006 1
70642
ICUB SCOUT PACK 737
PROCEEDS -CITY BIDAY
0015350
42353 1
409.611
$409.61
5!1112006
70643
D SUPPLIES INC
OVERPAYMENT -BUS REG
001
34560
10.001
$10.00
5111!2006
70644
DAPEER ROSENBLIT & LITVAK LLP
LEGAL SVCS -MAR 06
0015230
45213
5,036.17
$5,036.17
5/11/2006
70645
JDAVID J. GRUNDY
P & R COMM -4/27
0015350
44100
45.00
$45.00
5111/2006
70646
JDAY & NITE COPY CENTER
PRINT SVCS -COMM SVCS
0015350
42110
47.39
$47.39
5111/2006
70647
DELTA CARE PMI
MAY 06 -DENTAL PREMIUMS
001
21104 1
326.521
$326.52
5/11/2006
70648
JANNETTE DEMMING
JPK REFUND -HERITAGE
001
23002 1
50.001
$50.00
5/11/2006 1
70649
ICAROL DENNIS
PROF.SVCS-CCISS MTG
0014030
44000
525.001
$525.00
5/11/2006
70650
IDEPT OF TRANSPORTATION
TRAFFIC SIGNAL MAINT-JAN
0015554
45507 1
$696.69
5/11/2006
70651
DIAMOND BAR BREAKFAST LIONS
PROCEEDS -CITY BIDAY
0015350
42353 1
409.611
$409.61
Page 9
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number
Vendor Name
5/11/2006
70652
DIAMOND BAR COMMUNITY PRESCHOOL
5/1112006
$742.11
DIAMOND BAR COMMUNITY PRESCHOOL
5111/2006
23002
DIAMOND BAR COMMUNITY PRESCHOOL
5/1112006
FACILITY RENTAL -DBC
DIAMOND BAR COMMUNITY PRESCHOOL
Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount
PROCEEDS -CITY BIDAY
0015350
42353
409.61
$742.11
PK REFUND -DBC
001
23002
350.00
70654
FACILITY RENTAL -DBC
001
36615
-67.50
409.61
PK REFUND-PANTERA
001
23002
50.00
PROCEEDS CITY BIDAY
5/11/2006
70653
IDIAMOND BAR FRIENDS OF THE LIBRARY
JPK REFUND -DBC
001
23002
100.00
$100.00
5/11/2006
70654
DIAMOND BAR HIGH SCHOOL
PROCEEDS -CITY BIDAY
"015350
42353
409.61
$409.61
5111!2006 70655 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-CNCL MTG 0014090 42325 19U
5/11/2006 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES-CNCL 0014090 42325 260
5111/2006 1
70656
IDIAMOND BAR REPUBLICAN WOMEN
PROCEEDS -CITY BIDAY
1 0015350 T
42353 1
409.611$409.61
5/11/2006
70657
DIAMOND BAR SENIOR CITIZENS CLUB
PROCEEDS -CITY BIDAY
0015350
42353
409.61
$409.61
5/11/2006
70658
DIAMOND BAR UNITED CHURCH OF CHRIST
PROCEEDS CITY BIDAY
0015350
42353
409.61
$409.61
5111t2006
70659
DIAMOND BARIWALNUT YMCA
PROCEEDS -CITY BIDAY
001535"
42353 1
409.61
$409.61
5/1112006 1
70680
IDIAMOND POINT ELEMENTARY PTA
PROCEEDS -CITY BIDAY
1 0015350
42353 1
409.61
$409.61
5/11/2006
70661
DIAMOND POINT ELEMENTARY PTA
PROCEEDS -CITY BIDAY
001535"
42353
409.61
$409.61
5/11/2006
70662
IDiVERSIFIED PARATRANSIT INC
IDIAMOND RIDE -411-4/15/06
1125553
45529
12,085.15
$12,085.15
5/1112006
70663
DMS CONSULTANTS CIVIL ENGINEERS INC
ENG SVCS -APR 06
1 2505510
1 46411 1
$4,970.00
5/1IJ2006
70664
DOGGIE WALK BAGS INC
SUPPLIES -PARKS
J 0015310-1
41200 1
411&071
$416.07
5111/2006
70665
DAVID DOYLE
REIMB-TRANS CONF
1 0014030
1 42330 1
147.481
$147.48
5/11/2006
70666
DRIVER ALLIANT INSURANCE SERVICES
SPCL EVENT INS -JAN -MAR 06
001
23004
4,861.84
$4,861.84
5/1112006
70667
IMAGED EL RABAA
PK REFUND -MAPLE HILL
001
23002
50.00
$50.00
5/11/2006
70668
JENVIRONMENTAL IMPACT SCIENCES
PROF.SVCS-FPL 2005-147-B
1 001
1 23010 1
12,627.181
$12,627.18
Page 10
Page 11
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
EROSION CONTROL SPECIALISTS
PROF.SVCS-MINNEQUA LNDSLD
0015551
45000
39,901.001$39,901.00
5/11/2006
70669
5111!2006
70670
IRONALID EVERETT
REIMB-PLNRS CONF
0015210 14D30
400.25
$400.25
5/1112006
70671
EVERGREEN INTERIORS
PLANT SVCS -DBC APR
1 0015333 1
45300 J
165.001
$165.00
511112006
70,672
EXCEL LANDSCAPE
LANDSCAPE MAINT-APR 06
1385538
45500
3,547.59
$3,727.59
5!1112006
EXCEL LANDSCAPE
ADDL MAINT-DIST 38
1385538
42210
180.00
5/1112406
70673
1EXPRESS TEL
LONG DIST SVCS
1 0014096-j
42125 1
66.551
$66.55
5!1112006
70674
FEDEX
EXPRESS MAIL -TRANSIT
1 1125553
45533 1
12.16
$383.62
5/11/2006
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
178.62
5111/2006
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
121.89
5!11!2006
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
70.95
5/11/2006
70675
FIRST REGIONAL BANK
RETENTION PAYABLE -SEQUEL
250
20300
12,180.52
$12,180.52
5111!2006
70676
NANCY FONG
REIMB-PLNG CONF
0015210
42330
207.611
$207.61
5111!2006
74677
IGIRL SCOUT TROOP 495
PROCEEDS -CITY BIDAY
0015350
42353
409.611
$409.61
5111/2006
70678
IGIRL SCOUTS
PROCEEDS -CITY BIDAY
0015350
42353
409.611
$409.61
5111/2006
70679
GIRL SCOUTS
FOOD REIMB-CITY BIDAY
0015350
42353
47.00
$47.00
5111!2006
70680
JIRMAGOMEZ
PK REFUND-PANTERA
001
23002
50,001
$50.00
5/11/2006
70681
IGRAYBAR
SUPPLIES -DBC
0015333
41200 1
189.83
$189.83
5111!2006
70682
GRIFFITH COMPANY
OVERPAYMENT -BUS REG
001
34560
20.00
$20.00
5111!2006
70683
H2O PRESSURE WASHING INC
MAINT-DBC
0015333
42210
100.001
$100.00
5/11/2006
70684
ILEW HERNDON
IP & R COMM -4/27
0015350
44100 1
45.001
$45.00
5/11/2006
1 70685
JHITT MARKING DEVICES INC
SUPPLIES -CITY CLERK
0014030
1 41200
81.411
$81.41
Page 11
Page 12
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount I
Total Check Amount
5/11/2006
70686
ISTEPHANIE
HOLLOMAN
PK REFUND-REAGAN
001
23002
50.00
$50.00
5!11!2006
70687
LINDA HUANG
RECREATION REFUND
001
36615
400.00
$400.00
5/11/2006
70688
HULS ENVIRONMENTAL MGT LLC
CONSULTING SVCS-HHW GRANT
1155515
440003fi7.50
$1,495.00
5/11/2006
HULS ENVIRONMENTAL MGT LLC
CONSULTING SVCS -GRANT
1155515
44000
877.50
5/11/2006
HULS ENVIRONMENTAL MGT LLC
CONSULTING SVCS-ROWD
1155515
44000
250.00
5/1112006
70689
STUART HYMAN
PK REFUND -DBC
001
23002 1
500.00
$500.00
5/11/2006
70690
INFLATABLE 2000 INC
INFLATABLE GAMES -CITY BID
0015350
42353
2,324.67
$2,324.67
5111/2006
70691
INLAND EMPIRE STAGES
EXCURSION -AQUA CALIENTE
0015350
45310
996.57
$1,849.57
5/1112006
INLAND EMPIRE STAGES
TRANSPORTATION-FILMORE
1125350
45310
853.00
5/11/2006
70692
1INTERNATIONAL PROTECTIVE SVCS INC.
ICROSSING GUARD SVCS -APR
0014411
45410
7,471.141
$7,471.14
5/11/2006
70693
JITALIAN CATHOLIC FEDERATION
PROCEEDS -CITY B/DAY
0015350
42353
409.61
$409.61
5111/2006
70694
IJOBS AVAILABLE
IJOB AD-PLNG MGR
0014060
42115
153.00
$153.00
5/11/2006
70695
IKEITH JOHNSON
ENTERTAINMENT-SCHL DANCE
0015350
45300
499.001
$499.00
5111!2006
70698
IKEITH JOHNSON
ENTERTAINMENT -SR DANCE
1 0015350
1 45300 1
350.00
$350.00
511112006
70697
KEITH JOHNSON
ENTERTAINMENT -SR LUAU
0015350
45300
350.00
$350.00
5/11/2006
70698
JUST TIRES
VEH MAINT-COMM SVCS
00152301
42200 1
303.001
$303.00
5111/2006
70699
IKENS HARDWARE
SUPPLIES -ROAD MAINT
1 0015554
1 41250 1
97.411
$97.41
5/11/2006
1 70700
IDIANA KIM
jPK REFUND-PANTERA
001
23002 1
200.001
$200.00
5/11/2006
70701
IKIMLEY HORN AND ASSOCIATES INC
IDESIGN SVCS -PROSPECTORS
2505510
46411
5,000.00
$5,000.00
5111/2006
70702
ICITY OF LA VERNE
IPRKG CITE HRGS-APR 06
0014411
j 45405 1
170.001
$170.00
Page 12
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number Vendor Name
Transaction Description
Fundl Dept
Acct ,#
Amount I
Total Check Amount
5/11/2006
70703
LANTERMAN DEV CENTERICOMM INDUSTRIE
LEWIS ENGRAVING INC.
IWEED ABATEMENT -MAR 06
0015558
45503
1,829.36
$1,829.36
5/11/2006
5/11/2006
70704 ILEARNING RESOURCES NETWORK
M EMBRSHP DUES-MRPHYfWEST
D015350
42315
295.00
$295.04
5!1112006
70710
LEWIS ENGRAVING INC.
ENGRAVING SVCS -CITY TILES
0014090
42113
$259.75
5!11!2006
70705 JKWANG HO LEE
REIMB-PLNG CONF
0015210
42330
259.75
5/11/2006
70706
LEWIS ENGRAVING INC.
ENGRAVING SVCS -NAME PLATE
0014090
42113
410.66
$509.30
5/11/2006
70708
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGES
0014090
42113
14.20
$337.50
5/11/2006
70709
LEWIS ENGRAVING INC.
ENGRAVING SVCS -CITY TILES
0014090
42113
18.40
$50.00
5!1112006
70710
LEWIS ENGRAVING INC.
ENGRAVING SVCS -CITY TILES
0014090
42113
36.81
$339.00
511112006
INANDINI MARAIKKADAN
LEWIS ENGRAVING INC.
ENGRAVING SVCS -BADGES
0014090
1 42113
29.23
70715
5/11/2006
70707
IBENNY LIANG
P & R COMM -4127
1 0015350
44100
45.001
$45.00
5111/2006
70708
BENNY LIANG
JPK REFUND -DBC
001
36615
337.50
$337.50
5/1112006
70709
IEPIN LONG
JPK REFUND-REAGAN
001
23002
50.00
$50.00
5/11/2006
70710
LORMAN EDUCATIONS SERVICES
SEMINAR-FONG 6129
0015210—T-42340
1
339.00
$339.00
5/11/2006
70711
LOS ANGELES COUNTY SHERIFF'S DEPT.
TRANSIT SALES -MAR 06
1125553
45402
118.93
$366,607.27
511112006
LOS ANGELES COUNTY SHERIFF'S DEPT.
CONTRACT SVCS -MAR
0014411
45401
348,497.22
$10.00
511 112006
LOS ANGELES COUNTY SHERIFF'S DEPT.
HELICOPTER SVCS -FEB 06
0014411
45401
269.85
511112006
LOS ANGELES COUNTY SHERIFF'S DEPT.
SPL EVENTS-TRFFC SCHOOL
0014411
45402
1,779.28
5/1112006
5/11/2006
INANDINI MARAIKKADAN
ILOS ANGELES COUNTY SHERIFF'S DEPT.
SPL EVENTS -CALVARY CHAPEL
0014411
45402
7,243.01
70715
5/11/2006
PK REFUND -DBC
LOS ANGELES COUNTY SHERIFF'S DEPT.
STAR DEPUTY SVCS -MAR 46
0014411
1 45401
8,698.98
$572.00
5!1112006
70712
ICRAIG LU
RECREATION REFUND
001
34780
53.00
$53.00
$10.00
5111!2006
70713
IM S SOFTWARE SERVICES
OVERPAYMENT -BUS REG
001
34560
10.001
$200.00
5/1112006
70714
INANDINI MARAIKKADAN
JPK REFUND -DBC
001
23002
200.001
511112006
70715
NANDINI MARAIKKADAN
PK REFUND -DBC
001
23002
600.00
$572.00
5!1112006
NANDINI MARAIKKADAN
PROP DAMAGE -DBC
001
36810
-28.00
5/11/2006 1
70716
IKAREN MAY
CONTRACT CLASS -SPRING
1 0015350
1 45320
100.001$360.00
Page 13
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
5111/2006
70716...
KAREN MAY
CONTRACT CLASS-SPRiNG
0015350
45320
260.001
$360.00 ...
5/1112006
70717
MCE CORPORATION
ROAD MAINT-APR 06
0015554
45502
6,764.00
$10,208.58
5/11/2006
MCE CORPORATION
STORM DRAIN MAINT-APR 06
0015554
45512
635.52
5/11/2006
70719
MCE CORPORATION
RIGHT-OF-WAY MAINT-APR 06
0015554
45522
2,809.06
$78.75
5111/2006
70718
IMISS DIAMONDBAR PAGEANT INC
PROCEEDS -CIN BIDAY
1 0015350 1
42353 1
409.611
$409.61
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
31.27
5/11/2006 j
70719
IMOBILE RELAY ASSOCIATES INC
IREPEATER SVCS-MAR/APR
0014440
1 42130 1
78.751
$78.75
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
184.45
5/11/2006 1
70720
IMT CALVARY LUTHERAN CHURCH & SCHOOL
PROCEEDS -CITY BIDAY
0015350
42353
409.61$409.61
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
110.82
5/11/2006 1
70721
IMT SAN ANTONIO GOLF CLASSIC
1COMM. ORG SUPPORT FUND
0114010
42355
150.00
$15Q_00
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
75.59
5111/2006 1
70722
IMUNICIPAL ENGINEERING RESOURCES
CONSULTING SVCS -APR 06
0015510
45221
5,610.00
$5,610.00
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
603.28
5/1112006 1
70723
INORTHMONISTER PRESBYTERIAN CHURCH
PROCEEDS -CITY B/DAY
0015350
42353
409.611
$409.61
5/11/2006
70724
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
20.73
$2,521.02
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
31.27
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
15.79
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
184.45
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
66.34
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
110.82
511112006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
338.22
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
75.59
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
103.50
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
603.28
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
177.85
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
41.18
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
296.27
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
28.05
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES-CMGR
0014030
41200
V.
5/11/2006
OFFICEMAX CONTRACT INC
MEMO CREDIT-CMGR
0014030
41200
-25.11
511112006
OFFICEMAX CONTRACT INC
SUPPLIES-CMGR
0014030
41200
27.06
5/1112006
1OFFICEMAX CONTRACT INC
SUPPLIES -TRANSIT
1125553
1 41200
1 68.89
Page 14
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Tota{ Check Amount
5/11/2006
70724...
OFFICEMAX CONTRACT INC
SUPPLIES-CMGR
0014030
41200
25.29
$2,521.02 ...
5/11/2006
70726
OFFICEMAX CONTRACT INC
MEMO CREDIT-CMGR
0014030
41200
-14.29
$50.00
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES-P/WORKS
0015510
41200
12.07
5111/2006
70727
OFFICEMAX CONTRACT INC
SUPPLIES-PIWORKS
0015510
41200
48.65
$45.00
511112006
70728
OFFICEMAX CONTRACT INC
SUPPLIES-PIWORKS
0015510
41200
23.28
$1,150.00
5111/2006
70729
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
22.61
$3,333.78
5!1112006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
77.22
5/1112006
OFFICEMAX CONTRACT INC
SUPPLIES-P/WORKS
0015510
41200
52.20
5/11/2006
70730
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
16.00
5111/2006
70731
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
16.20
$500.00
511112006
70732
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
19.84
$100.00
5/1112006
70733
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
1 22.65
$3,405.00
5/11/2006
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
0015350
41200
7.48
5/11/2006
70725
LAUREN O'GRADY
PK REFUND -DBC
001
23002
500.00
$480.00
5111/2006
LAUREN O'GRADY
1PROPERTY DAMAGE -DBC
001
36810
-20.00
5/11/2006
70726
1 RAUL ORNELAS
JPK REFUND-REAGAN
001
23002 1
50.00
$50.00
5/11/2006
70727
TED OWENS
P & R COMM 4127
0015350
44100
45.00
$45.00
5111/2006
70728
IPACIFIC CREST YOUTH ARTS ORGANIZATN
jrQMM ORG SUPPORT FUND
0114010
42355
1,160.001
$1,150.00
5/11/2006
70729
PALAZZO INC
REFUND -EN 03-411
001
23012
2,070.00
$3,333.78
5/1112006
PALAZZO INC
REFUND -EN 03-371
001
23012
850.68
5/11/2006
PALAZZO INC
REFUND -EN 03-374
001
23012
413.10
5/11/2006
70730
PANTERA PTO
PROCEEDS -CITY BIDAY
0015350
42353
409.611$409.61
5/11/2006
70731
1JAYSHREE PATEL
PK REFUND -DBC
001
23002 1
500.00
$500.00
5/11/2006
70732
IGERARD PEREA
PK REFUND -DBC
001
1 23002 1
100.001
$100.00
5/11/2006
70733
JUDICIAL DISTRICT
PARKING CITATION FEES -FEB
001
32230
2,235.00
$3,405.00
5/111,
1POMONA
POMONA JUDICIAL DISTRICT
PARKING CITATION FEES -MAR
001
32230
1,170.00
Page 15
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number
Vendor Name
t Transaction Description
Fundi Dept
Acct #
Amount
Total Check Amount
5/11/2006
1 70734
IPOSITIVE PROMOTIONS
SUPPLIES -DBC
0015333
41200
102.90
$102.90
5/1112006
70735
INICOLE PRADO
ICONTRACT CLASS -SPRING
1 0015350
1 45320 1
135.00
$135.00
511 1 12 00 6
001
REINBERGER PRINTWERKS
PRINT SVCS-DIR PAMPHETS
1125553
45529
609.06
511112006 1
70736
IPRED PRYOR SEMINARS/CAREERTRACK
SEMINAR-FONG/MARQUEZ
0015210
42340
358.001
$358.00
5/11/2006 1
70737
PURKISS ROSE RSI
DESIGN SVCS -PAUL C GROW
2505310
46415
1,419.06
$1,419.06
5111/2006
70738
R & J TECHNOLOGY INC
OVERPAYMENT -BUS REG
001
34560
lo.001
$10.00
5111/2006
70739
R F DICKSON COMPANY
ISTREET SWEEPING SVCS -APR
1 0015554
1 45501
9,323.441
$9,323.44
5/11/2006 1
70740
IRALPHS GROCERY/FOOD 4 LESS
SUPPLIES -CITY B/DAY
0015350
42353
73.881
$73.88
5/1112006
70741
ISISHIR REDDY
JPK REFUND -DBC
1 001
23002
700.001
$700.00
5/11/2006
70742
REINBERGER PRINTWERKS
PRINT SVCS -GENERAL
0014090
42110
288.49
$897.55
511 1 12 00 6
001
REINBERGER PRINTWERKS
PRINT SVCS-DIR PAMPHETS
1125553
45529
609.06
5/11/2006 1 70743 ROCKHURST UNIVERSITY TRNG-BERENTIS 0015350 1 42340 1 199.00 $199.00
5/11/2006 70744
JOE ROJAS
PK REFUND -DBC
001
23002 500.00
$480.00
5/11/2006
JOE ROJAS
PROPERTY DAMAGE -DBC
001
1 36810 -20.00
PROPERTY DAMAGE
5/11/2006 1
70745
IROTARY CLUB OF WALNUT VALLEY
PROCEEDS -CITY B/DAY
0015350
1 42353 1
409.611
$409.61
511 112 00 6
SHIRLEY SALVATIERRA
PROPERTY DAMAGE
001
36810
-28.00
5/1112006 1
70746
S C SIGNS & SUPPLIES LLC
SUPPLIES -ROAD MAINT
0015554
1 41250
228AII
$228.41
5/11/2006
70747
SHIRLEY SALVATIERRA
PK REFUND -DBC
001
23002
1 500.00
$472.00
511 112 00 6
SHIRLEY SALVATIERRA
PROPERTY DAMAGE
001
36810
-28.00
5/11/2006 1 70748 ISASE COMPANY INC SUPPLIES -ROAD MAINT 1 0015554 1 41250 72,811 $72.81
5/11/2006 70749
SECTRAN SECURITY INC.
COURIER SVCS -CITY B/DAY 0015350
42353 400.00
$694.32
5111/2006
ISECTRAN SECURITY INC.
COURIER SVCS -MAY 06 0014090
44000 294.32
1
5/11/2006 1 70750 ISEQUEL CONTRACTORS INC IRETENTION PAYABLE -SEQUEL 1250 1 20300 1 -12,180,521 $109,624.64
Page 16
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
C
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
511112006
70750---
;nSEQUEL
CONTRACTORS INC
CONSTRUCTION -GRAND AVE
2505510
46411
121,805.161
$109,624.64 ...
5/11/2006I 70751 IPRAFUL SHAH
5/11
12 006 PRAFUL SHAH
PK REFUND -DBC
FACILITY RENTAL -DBC
001 23002 1 500.00 $425.001
001 36615 75.00
5/11/2006 1
70752
ISHARP SEATING
DEPOSIT -ROSE PARADE 07
1 0015350-145310
1
552.00
$552.00
511112006
511112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015340
42126
3,007.78
42130
5111/2006 1
70753
ISHRED IT LOS ANGELES
PROF.SVCS-DISPOSAL
0014030-1
44000 190.00
26.23
$90.00
511112006
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
199.12
$50.00
5/11/2006 1
70754
IROWENA SHUE
PK REFUND -DBC
001
23002
100.00
$100.00
5/1112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
36.75
5/11/2006
70755
11SON QUEST CALVARY CHURCH
IPK REFUND -MAPLE HILL
001
23002
50.001
$50.00
5111/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
408.25
5111/2006 1
70756
ISOUTHERN CA MOTHERS OF TWINS CLUB
PROCEEDS -CITY BIDAY
0015350
42353
409,611
$409.61
5/11/2006
70757
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
1415541
42126
123.56
$4,877.52
511112006
511112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015340
42126
3,007.78
42130
5111/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
26.23
511112006
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 39
1395539
42126
199.12
$50.00
5111!2006
70760 ISTAN GONTA
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
179.58
5/1112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
36.75
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
42.22
5111/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 38
1385538
42126
408.25
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
42.95
5/1112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
55.77
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
639.15
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
18.41
511112006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
61.00
5/11/2006
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
1 42126
36.75
5111/2006
70758
SUPPLIES -WATER CIHALL
0014090j_41200
1
249.91
$259.66
511112006
ISPARKLETTS
SPARKLETTS
1EQ
RENTAL-MARIAPR
0014090
42130
9.75
5/11/2006
70759 JKRISTIN SPIVAK
JPK REFUND-PANTERA
001
23002
50.001
$50.00
5111/2006 1
70760 ISTAN GONTA
ICONTRACT CLASS -SPRING
0015350
45320
140.00
$624.00
Page 17
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
5/1112006
1 70760.., ISTAN GONTA
CONTRACT CLASS -SPRING
0015350
45320
484.00
$624.00 ...
5/11/2006
70761SUBWAY
TENNIS ANYONE CONTRACT CLASS -SPRING
MTG SUPPLIES-CCNCL
45320
0014090
42325
5111i2006
9.58
TENNIS ANYONE CONTRACT CLASS -SPRING
$19.16
511 112 00 6
2,837.80
SUBWAY
IMTG SUPPLIES-CCNCL
0014090
42325
TOSHIBA BUSINESS SOLUTIONS
9.58
COPIER MAINT-C/HALL
5/1112006
0014090
42100
C/WIDE MAINT-PARKS APR
1,144.00
45300
$1,154.00
5!1112006
5/11/2006
70762 SUNGARD PENTAMATION
TRNG-SOFTWARE
1185098
46235
5,883.53
$5,883.53
5/11/2006 I 70763 IRAFIK TADROS
511 1 12006 RAFIK TADROS
PK REFUND -DBC
PROPERTY DAMAGE
001 23002
001 36810
$450.00
5/11/2006
70764
TENNIS ANYONE CONTRACT CLASS -SPRING
0015350
45320
560.00
$3,397.80
5111i2006
ADDL MAINT-PARKS
TENNIS ANYONE CONTRACT CLASS -SPRING
0015350
45320
2,837.80
1,175.53
5/11/2006 70765 THE COMOYN GROUP INC CONSULTING SVCS-I.T 0014070 44000 750.00 $1,200.00
5/1112006 THE COMDYN GROUP INC CONSULTING SVCS-I.T 0014070 44000 450.00
5/11/2006
70766
ITHOMSON WEST
PUBLICATIONS -CITY CLERK
1 0014030
1 42320
129.921
$129.92
ADDL MAINT-PARKS
TRUGREEN LANDCARE
ADDL MAINT-PARKS
0015340
42210
1,175.53
5/1112006
5111/2006
70767
TOSHIBA BUSINESS SOLUTIONS
42210
COPIER MAINT-C/HALL
5/1112006
0014090
42100
C/WIDE MAINT-PARKS APR
1,144.00
45300
$1,154.00
5!1112006
TOSHIBA BUSINESS SOLUTIONS
CIWIDE MAINT-DIST 38 APR
ISUPPLiES-TONER
45500
0015333
42200
10.00
CIWIDE MAINT-DIST 39 APR
1395539
45500
11,068.57
5/11/2006
TRUGREEN LANDCARE
JADDL MAINT-DIST 39
1395539
1 42210
511112006 1
70768
ITOUCH LIFE
PK REFUND -DBC
001
23002 1
500.00
$500.00
5/11/2006 1
70769
ITRAFFIC CONTROL SERVICE INC
SUPPLIES -ROAD MAINT
0015554
41250 1
658.301
$658.30
5/11/2006
70770
TRUGREEN LANDCARE
CIWIDE MAINT-DIST 41 APR
1415541
45,900
3,525.55 $29,814.88
5/11/2006
ADDL MAINT-PARKS
TRUGREEN LANDCARE
ADDL MAINT-PARKS
0015340
42210
1,175.53
5/1112006
TRUGREEN LANDCARE
ADDL MAINT-DIST 38
1385538
42210
78.22
5/1112006
TRUGREEN LANDCARE
C/WIDE MAINT-PARKS APR
0015340
45300
7,951.14
5/1112006
TRUGREEN LANDCARE
CIWIDE MAINT-DIST 38 APR
1385538
45500
5,766.59
5111!2006
TRUGREEN LANDCARE
CIWIDE MAINT-DIST 39 APR
1395539
45500
11,068.57
5/11/2006
TRUGREEN LANDCARE
JADDL MAINT-DIST 39
1395539
1 42210
1 249.28
5/1112006 1 70771 IV TECH AUTOMOTIVE OVERPAYMENT -BUS REG 1 001 1 34560 1 10.001 $10.00
5/1112006
70772 VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PARKS
0015340
42210 155.00
$1,055.00
511 1 12 0 06
VALLEY CREST LANDSCAPE MAINT INC
ADDL MAINT-PARKS
0015340
42210 900.00
Page 18
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date I Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount I Total Check Amount
5/11/2006
70773
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
609.92
$1,950.89
5/11/2006
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
37.73
511112006
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
30.32
5/1112006
VERIZON CALIFORNIA
PFi.SVCS-GENERAL
0014090
42125
691.99
5/11/2006
VERIZON CALIFORNIA
PH -SVCS -DATA MODEM
0014090
42125
28.98
5111/2006
VERIZON CALIFORNIA
PH.SVCS-PETERSON PK
0015340
42125
91.64
511112006
VERIZON CALIFORNIA
PK REFUND -HERITAGE
0015340
42125
24.09
5/11/2006
VERIZON CALIFORNIA
PH.SVCS-FAX LINE CMGR
0014090
42125
184.10
5/11/2006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
158.64
5/11/2006
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
93.48
5/11/2006
70774
MARL( VEST
PARK REFUND -MAPLE HILL
OOi
23002
50.00
$50-00
5/11/2006
70775
WALNUTIDIAMOND BAR SHERIFF EXPLORER
PROCEEDS -CITY BIDAY
0015350
42353
409.61
$409.61
5/11/2006
70776
WALNUTIDIAMOND BAR SHERIFF'S 800--j-4r-_5
PROCEEDS -CITY WDAY
0015350
42353
409.61
$409.61
5/11/2006
70777
WARREN SIECKE
TRFFC SNGL-DBBIHIGHLNO VL
2505510
46412
1,133.34
$4,463.00
5/11/2006
WARREN SIECKE
ENG SVCS -MAR 06
0015554
44520
1,505.00
5/11/2006
WARREN SIECKE
TRFFC SNGL-01BISHADOW CYN
2505510
46412
233.33
5111/2006
WARREN SIECKE
TRFFC SNGL-GIS/PRSPCTRS
2505510
46412
233.33
511112006
WARREN SIECKE
TRFFC SGNL-DIB1NIB 57
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-DIBICOLD SPRNG
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
ENG SVCS -GRAND AVE
0015554
44520
873.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-PTHFINDER
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-D/BIMAPLE HILL
2505510
R46412
97.00
5111/2006
WARREN SIECKE
TRFFC SGNL-DIBISNST XING
2505510
846412
97.00
6
70778
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
43.14
$1,677.92
6
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
654.60
6
A
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
724.10
6
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
39.75
6
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
216.33
5/11/2006
1 70779
JKRYSTAL WILLIAMS
JPK REFUND -DSC
001
V 23002 1
200.00
$200.00
Page 19
City of Diamond Bar - Check Register 04/28/06 - 05/11/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
5/11/2006
70773
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
609.92
$1,950.89-
511112006
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
37.73
5/11/2006
70775
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
30.32
$409.61
5111t2006
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
691.99
5/11/2006
70776
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
0014090
42125
28.98
$409.61
5/11/2006
VERIZON CALIFORNIA
PH.SVCS-PETERSON PK
0015340
42125
91.64
5/1112006
VERIZON CALIFORNIA
PK REFUND -HERITAGE
0015340
42125
24.09
5111/2006
VERIZON CALIFORNIA
PH.SVCS-FAX LINE CMGR
0014090
42125
184.10
5/1112006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
158.64
5111/2006
1
IVERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
93.48
5/11/2006
70774
MARK VEST
PARK REFUND -MAPLE HILL
001
23002
50.00
$50.00
5/1112006
WARREN SIECKE
ENG SVCS -MAR 06
0015554
44520
1,505.00
5/11/2006 1
70775
IWALNUTIDIAMOND BAR SHERIFF EXPLORER
PROCEEDS -CITY B/DAY
0015350
1 42353 1
409.611
$409.61
5/11/2006
WARREN SIECKE
TRFFC SNGL-GISIPRSPCTRS
2505510
46412
233.33
5/11/2006 1
70776
WALNUT/DIAMOND BAR SHERIFF'S )joo -{ fit,_
PROCEEDS -CITY B/DAY
0015350
1 42353
409.61
$409.61
5/11/2006
70777
WARREN SIECKE
TRFFC SNGL-DBB/HIGHLND VL
2505510
46412
1,133.34
$4,463.00
5/1112006
WARREN SIECKE
ENG SVCS -MAR 06
0015554
44520
1,505.00
5/11/2006
WARREN SIECKE
TRFFC SNGL-DIB/SHADOW CYN
2505510
46412
233.33
5/11/2006
WARREN SIECKE
TRFFC SNGL-GISIPRSPCTRS
2505510
46412
233.33
5/11/2006
WARREN SIECKE
TRFFC SGNL-D/B/NIB 57
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-D/B/COLD SPRNG
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
ENG SVCS -GRAND AVE
0015554
44520
873.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-PTHFINDER
2505510
R46412
97.00
5/11/2006
WARREN SIECKE
TRFFC SGNL-D/B/MAPLE HILL
2505510
R46412
97.00
5/11/2006
IWARREN
SIECKE ITRFFC
SGNL-D/BISNST XING
2505510
R46412
97.00
5/11/2006
70778
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
43.14
$1,677.92
5/11/2006
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
654.60
5/11/2006
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
724.10
5/11/2006
WAXIE SANITARY SUPPLY
SUPPLIES -DBC
0015333
41200
39.75
5/1112006
WAXIE SANITARY SUPPLY
SUPPLIES -PARKS
0015340
42210
216.33
5/1112006 1 70779 JKRYSTAL WILLIAMS PK REFUND -DBC 1 001 1 23002 1 200.001 $200.00
Page 19
City of Diamond Bar - Check Register 04128/06 - 05/11/06
Check Date ]CheckNumberl Vendor Name Transaction Description I Fund! Depi Acct # Amount Total Check Amount
5!11!2006
70780
JUDY WONG
RECREATION REFUND
001
34760
975.00
$975.00
5/11/2006
70781
WORLDWIDE BINGO SUPPLIER
SUPPLIES -SR BINGO
0015350
41200
458.911
$458.91
5111!2006
70782
PAUL WRIGHT
JAIV SVCS-CCIPLNG
0014090
44000
630.001
$630.00
5!1112006
70783
SABINAYI
PK REFUND-REAGAN
001
23002
50.001
$50.00
$1,073,626.11
Page 20
CITY COUNCIL
TO: Honorable Mayor and Members of t�e City Council
Agenda # —6 -3
Meeting Date: May 16, 2006
AGENDA REPORT
VIA: Linda C. Lowry, City Managed
TITLE: APPROVE CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $40,000
WITH NORRIS-REPKE FOR ENGINEERING SUPPORT SERVICES FOR A
TOTAL AUTHORIZATION AMOUNT OF $64,000
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The proposed services will be funded through Public Works Department salary and benefit
savings (approximately $6,255 per month) since the Junior Engineer position remains vacant.
BACKGROUND:
The Junior Engineer position within the Public Works Department has been vacant since
December 2005. The recruitment process is still underway and the position is not expected to
be filled until July/August of 2006. There are a number of land development projects and front
counter activities which require immediate and continuous attention.
Since February of 2006, Norris-Repke has provided assistance through an experienced
technician to support various land development projects as well as handling the majority of
customer service questions over the phone and front counter.
DISCUSSION:
Currently, Norris-Repke provides 20 hours of service a week to the City which will continue to
the end of May. At the City's request, Norris-Repke is proposing to increase those hours to
30-40 hours per week through August of 2006.
To date, almost $20,000 has been expended for various tasks assigned to Norris-Repke out of
the original contract amount of $24,000. To continuously support the City's professional
capabilities in a timely manner, an updated proposal has been requested.
PREPARED BY:
Kimberly Molina, Associate Engineer Date prepared: May 10, 2006
REVIZGiu,
Da Director of Public Works
Attachment: Norris-Repke Proposal "Exhibit A", dated April 27, 2006
Amendment No. 1 to the Consulting Services Agreement
AMENDMENT NO. 1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 to the Agreement is made and entered into this 16th day
May, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter
referred to as "CITY") and NORRIS-REPKE (hereinafter referred to as
"CONSULTANT").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement, with
Consultant to provide Professional Engineering Services, which the Agreement was
dated January 26, 2006.
(ii) The CONSULTANT submitted proposals to provide Professional
Engineering Services as described in Exhibits "A" and "B", dated January 24, 2006 and
April 27, 2006 respectively.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
follows: Section 1: Section 3 of the Agreement is hereby amended to read as
Compensation. "City agrees to compensate Consultant for each
service which Consultant performs to the satisfaction of City in compliance with the
schedule set forth in Exhibits "A" and "B". Payment will be made only after submission
of proper invoices in the form specified by City."
Section 2: Each party to this Agreement Amendment No. 1 acknowledges
that no representation by any party which is not embodied herein nor any other
agreement, statement, or promise not contained in this Amendment No. 1 shall be valid
and binding. Any modification of this Amendment No. 1 shall be effective only if it is in
writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement Amendment No. 1 as of the day and year first set forth above:
APPROVED AS TO FORM.
By:
City Attorney
ATTEST:
Tommye A. Cribbins, City Clerk
DATE:
CONSULTANT:
NORRIS-REPKE
Kamran Saber, P.E.
Principal
CITY OF DIAMOND BAR
Linda C. Lowry, City Manager
CITY COUNCIL
Agenda # 6, 4
Meeting Date: May 16_, 2006
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager.
,��Iut.
TITLE: DENIAL OF A REQUEST Q ST FOR A MODIFICATION TO CONDITION NO.
5.A (3) OF CITY COUNCIL RESOLUTION NO. 2005-60 (COUNTRY
HILLS SHOPPING CENTER, CONDITIONAL USE PERMIT NO. 2004-
01).
RECOMMENDATION:
It is recommended that the Council adopt the attached Resolution denying the
modification to Conditional Use Permit.
BACKGROUND/DISCUSSION:
On May 2, 2006, the City Council conducted a public hearing to review the Applicant's
request to modify a condition of approval of Council Resolution No. 2005-60. The
modification would have allowed the applicant to: 1) receive a building permit for the
two-story office building before renovation of the existing buildings, and 2) receive a
building permit for the three-story medical office building before the occupation and
operation of the grocery store. After receiving the staff report and input from the
applicant and the public, the Council determined that the modification would not be in
the best interest of the City and the shopping center. The Council with a majority vote,
directed staff to prepare a resolution of denial for the requested modification.
Prepared By
Nancy Fong,
Interim Comi
Attachments:
z
nt Director
1. Draft Resolution of denial for modification to condition no. 5.A(3) of City Council
Resolution No. 2005-06 approving Conditional Use Permit No. 2004-01,
Development Review No. 2004-19 and Variance No. 2004-02
CITY COUNCIL
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DENYING A MODIFICATION TO CONDITION NO.
5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING
CONDITIONAL USE PERMIT NO. 2004-01 (Country Hills Shopping
Center)
A. RECITALS
The applicant, Michael McCarthy of Country Hills DB, LLC, filed an
application for a Modification to Condition No. 5.A(3) of City Council
Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01,
Development Review No. 2004-19 and Variance No. 2004-01. The subject
request to modify the conditions of approval of City Council Resolution
No. 2005-60 shall hereinafter be referred to as the "Application."
2. On March 17, 2006, public hearing notices were mailed to approximately 332
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
3. At the public hearing of March 28, 2006, the Planning Commission of the City
of Diamond Bar reviewed the Application, received public testimony and
concluded the hearing, and recommended approval of the Application.
4. On April 7, 2006, public hearing notices were mailed to approximately 332
property owners within the 700 -foot radius of the project site. On April 7,
2006, the project site was posted with a display board and the public notice
was posted in three public places. Furthermore, notification of the public
hearing of this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
5. The April 18 the hearing was continued to May 2, 2006, when the City
Council of the City of Diamond Bar conducted duly noticed public hearings,
received public testimony, including testimony from the applicant, and
concluded the public: hearing regarding the Application.
5. The April 18 -the hearing was continued to May 2, 2006, when the City
Council of the City of Diamond Bar conducted duly noticed public hearings,
received public testimony, including testimony from the applicant, and
concluded the public hearing regarding the Application.
6. On May 2, 2006, the City Council of the City of Diamond Bar directed
staff to prepare a resolution denying the request to modify Condition of
Approval No. 5.A.(3) of Resolution No. 2005-60.
7. All legal prerequisites prior to the adoption of this Resolution have
occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
1. This City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the City Council
during the above referenced meeting on April 18 and May 2, 2006, including
written and oral staff reports, this City Council hereby specifically finds as
follows:
(a) The proposed modification to City Council Condition No. 5.A(3)
would result in a change in the timing of the project construction
schedule, but would otherwise not the change the use as approved by
City Council Resolution 2005-60. However, the City Council determines
that the proposed changes conflict with existing uses on the site such
that on-site pedestrian and vehicle traffic would be negatively impacted.
These impacts have not been adequately mitigated by the applicant.
(b) The proposed modification to City Council Condition No. 5.A(3)
would result in a change in the timing of the project construction
schedule that is inconsistent with the General Plan. General Plan Land
Use Objective 3.2 states, "Ensure that new development, and
intensification of existing development, yields a pleasant living, working,
or shopping environment, and attracts interest of residents, workers,
shoppers, and visitors as the result of consistent exemplary design." The
proposed change conflicts with this objective in that it would create
additional conflicts between shoppers and construction activities
Il
because construction traffic and activities would be intensified on the
site.
(c) The proposed modification would result in a change in the timing
of the project construction schedule that will intensify construction traffic
and activities that would create conflicts with pedestrian use of the site.
Therefore, granting the modification would have a negative impact during
construction activities that would affect use of the site by pedestrians.
The applicant has not provided sufficient proof that the impacts would be
mitigated. Further, granting the modification would have a negative
impact on the operation of the existing businesses because of increased
construction activities.
in accordance with the foregoing, the proposed modification would
be detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(d) Further, retention of the originally approved sequence of
construction, which was accepted by the applicant, is the most logical
phasing of project construction and most likely to assure successful
completion of the project as originally approved.
(e) The applicant failed to present any evidence of changed
circumstances to justify modification to the original conditions of approval
relative to the sequence of construction.
3. Based on the findings and conclusions set forth above, the City Council
hereby denies the request to modify Condition No. 5.A(3) of City Council
Resolution No.2005-60.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard,
Suite 214, Beverly Hills, CA 90212.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2006, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of the
City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of May
2006, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
0
Tommye Cribbins, City Clerk
City of Diamond Bar
Agenda # 6 -,7,
Meeting Date: May 16, 2006
CITY COUNCIL , AGENDA REPORT
'Noha,nr�
rang
TO: Honorable Mayor and Members o e City Council
VIA: Linda C. Lowry, City Manager v)" U
TITLE: APPROVAL OF LICENSE AGREEMENT WITH NEXTEL COMMUNICATIONS TO
DEVELOP A WIRELESS COMMUNICATION SITE AT RONALD REAGAN PARK
RECOMMENDATIONS:
It is recommended the Council approve the agreement and authorize the City Manager to sign on
behalf of the City.
FISCAL IMPACT:
The City will receive a $2,000 per month license fee from Nextel, for an annual total of $24,000 in
revenue.
BACKGROUND 1 DISCUSSION:
Nextel Communications has approached the City with plans to place a wireless communications site
at Ronald Reagan Park. To commence the process, a license agreement between Nextel and the
City must be approved. The attached agreement has been reviewed and accepted by the City
Attorney and Nextel representatives. Nextel will pay the City a monthly license fee of $2000.
Nextel has proposed the placement of one broadleaf monotree style communication tower on the
northern slope of Ronald Reagan Park. The site would also include a small building to store the
appropriate electronic equipment. Both the monotree and equipment building will feature similar
architecture to the sites approved recently for Summitridge Park. Also proposed is a small access
driveway from Pathfinder Road which will require City Engineering approval.
Nextel has submitted a Conditional Use Permit application to the Planning Department, and staff is in
the process of reviewing it. Upon approval by the Council, the agreement will be forwarded to the
appropriate City and company representatives for signature. Once the agreements are executed by
both parties, plans and a Conditional Use Permit application will be presented to the Planning
Commission for review.
Prepared by:
Ryan M ean, Senior Management Analyst
Attachments
Reviewed By:
Dave Doyle, Assistant City Manager
1. License Agreement between the City of Diamond Bar and Nextel Communications, Inc. to
Develop a Wireless Communications Site at Ronald Reagan Park.
City of Diamond Bar (Ronald Reagan Park)
Los Angeles
CA- 8505A (Exodia)
WIRELESS COMMIUNICATIONS SITE LICENSE AGREEMENT
T1IIS WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is
entered into this day of 2006, by and between the CITY OF DIAMOND BAR, a
California municipal corporation ("Licensor" or "City"), and NEXTEL OF CALIFORNIA, INC., a
Delaware corporation ("Licensee").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows.
Premises.
a. Licensor owns the real property located at 2201 South Peaceful Hills Road in the
City of Diamond Bar, County of Los .Angeles, commonly known as Ronald Reagan Park, which is more
particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land").
Subject to the following terms and conditions, Licensor grants to Licensee the exclusive right to use
approximately one thousand (1,000) square feet of the Land, including applicable non-exclusive
easements for site access and utilities as described and/or shown in Exhibit A-2 attached hereto and
incorporated herein by this reference ("Premises"), to erect, maintain and operate the Licensee's
Facilities (as defined in Section 6(a) below).
b. Licensee acknowledges that Licensor will deliver the Premises in "as is"
condition, without warranty, express or implied, as to its condition or usability, except as otherwise
expressly set forth in this Agreement.
C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is
non-exclusive as more particularly set forth in Section 12(c) below.
2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed
activity in connection with the provisions of mobile/wireless communications services, including the
transmission and the reception of radio communication signals on various frequencies and the
construction, maintenance, and operation of related communication facilities. Licensor agrees to
cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses,
permits and any and all other necessary approvals that may be required for Licensee's intended use of
the Premises.
3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a
license from the Federal Communications Commission ("FCC") and obtaining all governmental permits
and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling
Licensee to construct and operate the: Licensee's Facilities where the Premises are located. If Licensee
does not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with
Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay
Licensor One Thousand and 00/100 Dollars (51,000.00) for reimbursement of costs of document
preparation and administration time associated with this Agreement.
4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on
the first day of the month in which Licensee commences construction of the Licensee's Facilities on the
Premises, or eighteen (18) months after both parties have executed this Agreement, whichever is earlier
Los Angeles
City of Diamond Bar (Ronald Reagan Park) CA -8506A (Exodia)
("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five
(5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same
terms and conditions as set forth herein. This Agreement shall automatically be extended for each
successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's
intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5)
year Terni or any Renewal Term. The Term and all Renewal Terms shall collectively be referred to
hereafter as the "License Term."
5. License Fee.
a. Within fifteen (15) business days after the Commencement Date and on the first
day of each month thereafter, each Licensee shall pay Licensor, as a fee for the use and occupancy of
the Premises, the sum of Two Thousand and 001100 Dollars ($2,000.00) ("License Fee") per month.
The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's
payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if
any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which
the Licensee Fee should have been paid.
b. Limited CPI Adjustment - The parties agree that the Annual Rent shall be adjusted
annually throughout the term of the Lease on each anniversary of the Effective Date (or the first day of the
month in which such anniversary occurs) beginning as of the first anniversary of the Effective Date by the
lesser of (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price
Index (1482-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside
("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or
changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be
replaced by a comparable government index.
6. Improvements.
a. During the License Term, Licensee has the right at its sole cost and expense to
construct, maintain and operate on the Premises radio communications facilities, including equipment
shelter, cabinets, equipment racks, cables, conduits, radios, antennae, antenna support structures, and
necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit
A-2 attached hereto and incorporated herein by this reference.
b. In connection therewith, Licensee has the right to do all work necessary to
prepare, add, maintain and alter the Premises for Licensee's communications operations and to install
utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and
specifications for such work by Licensee shall require prior written approval of Licensor before work
may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved.
Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and
installation work shall be performed at Licensee's sole cost and expense by licensed and bondable
contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and
operations. Any work performed by Licensee outside the Premises shall be subject to reasonable
inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on
the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the
property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the
Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee to remove
Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in
Section 6(c) below.
Los Angeles
City of Diamond Bar (Ronald Reagan Park) CA -8506A (Exodia)
C. Within ninety (90) days following the expiration or earlier termination of this
Agreement for any reason, Licensee shall remove, at its sole expense, all of the Licensee's Facilities
both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the
Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond
the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the
Licensee's Facilities after thirty (30) days notice to Licensee and to Licensee's financing entity, title to
all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its
option retain for itself all Licensee's Facilities not removed or shall remove and dispose of the
Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's
financing entity is:
Chase Manhattan Bank N.A.
I Chase Manhattan Plaza, 4th Floor
New York, NY 100811
Attention: Tracy Navin
d. Licensee shall have the right to install utilities, at their expense, and to improve
the present utilities on or near the Premises. Any encroachment necessary for such utility service will be
at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in
their efforts to obtain utilities from any location provided by Licensor or the servicing utility, including
signing any easement or other instrument reasonably required by the utility company; provided,
however, that Licensor shall not incur any costs related to compliance with this provision. Licensee
shall at no time acquire any property interest in any of the Land.
e. Licensee shall fully and promptly pay for all utilities furnished to the Premises
for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee
in connection with their use, operation and maintenance of the Premises.
f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no
expense to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet
antennae in connection with a municipal or municipally franchised wireless network. Licensor's
equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in
its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities.
7. Access. Licensee shall have the right but not the obligation at any time following the
full execution of this Agreement and prior to the Commencement Date to enter the Premises for the
purpose of making necessary engineering surveys, inspections, and tests where applicable, for the
purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for
mobile/wireless communications operations and for the purpose of construction of the Licensee's
Facilities. During any pre -construction work and construction work, each Licensee shall have insurance
as set forth in Section 13, and will notify Licensor of any proposed construction work and will
coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are
unsuitable for their contemplated use, then Licensee shall notify Licensor and this Agreement will
terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the
suitability of the Premises for Licensee's intended use.
City of Diamond Bar (Ronald Reagan Park)
8. Interference.
Los Angeles
CA -8506A (Exodia)
a. Licensee shall operate Licensee's Facilities in a manner that will not cause signal
interference to Licensor and other authorized users of the Premises that pre -date the installation of
Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the
interference shall be borne by Licensee. Pre-existing communication system operations/operators
operating in the same manner as on the Commencement Date shall not be deemed as interference to
Licensee. All operations by Licensee shall be in compliance with all federal, state and local non-
interference regulations including but not limited to, those of the FCC.
b. Licensee shall provide initial proof of compliance with original transmission
tolerance and interference analysis by a certification through an independent source.
C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit
or suffer the use of the Premises or 1:he installation of any future equipment which results in technical
interference problems with the communications operations of Licensee as described in Section 2 above,
with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to
eliminate such interference with the understanding that any interference caused or related to emergency
construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency
situation.
d. The parties acknowledge that any continuing non -emergency interference to the
Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring
action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor.
9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee
shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's
Facilities levied by any legal authority.
10. Termination.
a. This Agreement may be terminated without further liability on thirty (30) days
prior written notice as follows:
By either party upon a default of any covenant, condition or term herein
by the other party, which default is not cured within thirty (30) days of
receipt of written notice of default, provided that the grace period for any
monetary default is only ten (10) days from receipt of notice. No default
will be deemed to exist if Licensee has commenced to cure such default
within such period and provided that such efforts are brought to
completion with reasonable diligence; or
ii. By Licensee prior to Commencement Date for any reason or for no
reason, provided Licensee delivers written notice of early termination to
Licensor no later than thirty (30) days prior to the Commencement Date
and forfeits and/or pays to Licensor One Thousand and 00/100 Dollars
($1,000.00) for reimbursement of costs of document preparation and
administrative time associated with this Agreement; or
City of Diamond Bar (Ronald Reagan Park)
Los Angeles
CA -8506A (Exodia)
iii. By Licensee after Commencement Date for any reason or for no reason,
provided Licensee delivers written notice of early termination to Licensor
no later than sixty (60) days prior to termination and pays to Licensor the
rent remaining for the year in which termination is requested; or
iv. In the absence of any breach of this Agreement by Licensee, Licensor
shall have the right, after the initial Term and the first Renewal Term (ten
(10) years total) to unilaterally to terminate this Agreement without
liability with two (2) years' prior written notice of
termination to Licensee if Licensor determines that the Premises are not
appropriate for use by Licensee due to economic, environmental,
technological reasons or upon a finding by Licensor's City Council that
the Premises are needed to provide for the health, safety, or welfare of
the residents and businesses in the City.
b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv),
Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to
relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor,
provided such space is available and is suitable for communication system operations. Licensee shall
have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities
to the site made available by Licensor. All costs and expenses arising out of or associated with such
relocation shall be borne by Licensee; provided, however, should relocation occur more than once in
any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation
after the first. Should Licensee fail to relocate its Facilities within the two year period, the Agreement
shall terminate at the end of the two year period.
City of Diamond Bar (Ronald Reagan Park)
11. Destruction or Condemnation.
Los Angeles
CA -8506A (Exodia)
a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by
other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the
damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days
following the date of such damage, destruction or condemnation and all rights and obligations of the
parties which do not survive the termination of this Agreement shall cease as of the date of the damage,
destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee
shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a
period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's
reduction or abatement request.
b. In any condemnation proceeding, each party shall be entitled to make a claim
against the condemning authority for just compensation (which for Licensee shall include the value of
Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business
dislocation expenses).
12. Assignment and Subletting.
a. Licensor may assign or otherwise transfer its interest in this Agreement upon
written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations
herein.
b. Licensee may not assign, or otherwise transfer all or any part of its interest in
this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or
transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement
on Licensee's part to be performed from and after the effective date of such assignment or transfer.
Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however,
Licensee may assign its interest to Licensee's parent company, any subsidiary or affiliate of Licensee or
of its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more
of Licensee's stock or assets, subject to any financing entity's interest, if any, in this Agreement as set
forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement,
Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its
interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom
Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations
evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with
respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
C. Licensor reserves the right to lease portions of the Land to other interested
communication system operators that may be in competition with Licensee for purposes of
mobile/wireless communication services; provided, however, that such other leases must provide that
the operation of the other communication facilities will not result in technical interference problems
with the Licensee's Facilities.
d. Licensee shall not sublease the Premises, or any portion thereof, to any other
person or entity, including, but not limited to any other communication system operator. Any such
purported sublease shall be void and of no effect.
13. Insurance.
Los Angeles
City of Diamond Bar (Ronald Reagan Park) CA -8506A (Exodia)
During the License Term, and thereafter until the removals required under Section 6(c) are
complete, and prior to the Commencement Date if Licensee enters the Land under Section 7(a), Licensee
shall maintain at its own expense the following
a. Without limiting Licensee's indemnification obligations set forth in Sectionl4(a)
below, Licensee shall provide and maintain at its own expense during the License Term, the following
programs of insurance covering its operations hereunder. Such insurance shall be provided by
companies with an A.M. Best rating of not less than A --,VII and proof of such programs shall be
delivered to Licensor prior to any entry by Licensee onto the Land and/or the Premises. Proof of
insurance evidencing coverage shall name Licensor, its officers, agents, and employees as additional
insured with respect to Licensee's operations under this Agreement. Such evidence shall specifically
identify this Agreement.
1. Liability: Such insurance shall be primary to and non-contributory with any other
insurance maintained by Licensor and shall name Licensor, its officers, agents, and employees as
additional insured, and shall include:
(i) Comprehensive General Liability Insurance endorsed for Premises -
Operations, Products/Completed Operations, Contractual, Broad Form Property Damage,
and Personal Injury with a combined single limit of not less than One Million and 00/100
Dollars ($1,000,000.00) per occurrence. If the above insurance is written on a Claims Made
Form, such insurance shall be endorsed to provide an extended reporting period of not less
than five (5) years following termination of the policy.
2. Auto: Comprehensive Auto Liability Insurance endorsed for all owned, non -owned
and hired vehicles with a combined single limit of at least One Million and 001100 Dollars
($1,000,000.00) per occurrence.
3. Workers' Compensation: A program of Workers' Compensation Insurance in an
amount and form to meet all applicable requirements of the Labor Code of the State of California,
including Employer's Liability Insurance with Two Hundred Fifty Thousand and 00/100 Dollars
($250,000.00) limits, covering all persons providing services on behalf of Licensee and all risks to such
persons under this Agreement. Licensee may provide, if applicable, a Certificate of Consent to Self -
insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize
the self-insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self -
insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation
Insurance upon said expiration or revocation.
b. Licensee shall furnish Licensor with proof of insurance that said policies required by
Subsection a. of this Section 13 are in force.
C. Licensee shall comply with the aforementioned provisions of this Section, and any such
operations shall be suspended during any period that Licensee fails to maintain said policies in full force
and effect.
14. Indemnification.
Los Angeles
City of Diamond Bar (Ronald Reagan ]Park) CA -8506A (Exodia)
a. To the fullest extent permitted by law, Licensee shall indemnify and hold
harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them
from and against:
(i) Any and all claims, demands, causes of action, damages, costs, expenses,
losses or liabilities (including attorney's fees, costs and expenses of defending
against such claims by counsel acceptable to Licensor), in law or in equity, of
every kind and nature whatsoever for, but not limited to, injury to or death of any
person including Licensor and/or Licensee, or any directors, officers, employees,
agents or volunteers of Licensor or Licensee, and damages to or destruction of
property of any person, including but not limited to, Licensor and/or Licensee
and their directors, officers, employees, agents or volunteers, to the extent
caused by the negligent acts, errors or omissions or willful misconduct of
Licensee, but except to the extent caused by the negligence, willful misconduct
or active negligence of Licensor or its directors, officers, employees, agents or
volunteers.
(ii) Any and all actions, proceedings, damages, costs, expenses, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, to the extent
caused by the violation of any governmental law or regulation by Licensee.
(iii) Any and all losses, expenses, damages (including damage to the work
itself), attorney's fees and other costs, including all costs of defense, which any
of them may incur to the extent caused by Licensee's failure, neglect, or refusal
by Licensee to faithfully perform all of its obligations under this Agreement.
Licensee agrees to carry insurance for this purpose as set out in the
specifications. Licensee's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by Licensor, or its directors, officers,
employees or volunteers.
b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers,
employees, or volunteers, and each of them from and against any and all claims, demands, causes of
action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of
defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not
limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers,
employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any
person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or
volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of
Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence
of Licensee or its directors, officers, employees, agents or volunteers.
C. The foregoing indemnities will survive the expiration or earlier termination of this
Agreement.
15. ,Safety and Environmental Protection. The Licensee shall operate and maintain the
Premises so as to avoid injury or damage to any person or property.
In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the
safety and environmental protection of the Premises, and be in compliance with all federal, state and
local statutory and regulatory requirements including State of California, Division of Industrial
Los Angeles
City of Diamond Bar (Ronald Reagan Park) CA -8506A (Exodia)
Relations (Cal/OSHA) regulations, Cal/EPA, US/EPA and the U.S. Department of Transportation
including the Omnibus Transportation Employee Testing Act (as applicable).
The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture,
refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as
reasonably necessary for the operation of the Licensee's activities as contemplated under this
Agreement. The term "hazardous material" means any hazardous substance, material or waste,
including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the
Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not
apply to the use of petroleum products and related substances incidental to operation of motorized
equipment and vehicles whose operation on the Premises is contemplated by this Agreement.
The Licensee shall immediately notify the Licensor in writing upon becoming aware of any
release of hazardous material, violation of any environmental law or actions brought by third parties
against the Licensee alleging environmental damage.
a. Licensee shall identify by a sign in letters no greater than '/z inch in height
permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or
maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs
are required by any federal, state or local law.
b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without
having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous
materials, as defined above, on the Land.
16. Notices. Any notice, demand or payment required to be given herein shall be made by
certified or registered mail, return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
Licensor: City of Diamond Bar Licensee: Nextel of California, Inc.
21825 Copley Drive 310 Commerce Drive, Suite 100
Diamond Bar, CA 91765 Irvine, CA 92602
Attn: City Manager Attn: Property Manager (CA -8506A)
With a copy to: Sprint Nextel Corporation
2001 Edmund Halley Drive
Reston, VA 20191-3436
Second Floor, Mail Stop 2E225
Attn: Site Leasing Services, Contracts
Manager
17. Attorney's Fees.
a. In the event legal action by either party is brought to enforce any term hereof or
in the recovery of damages for any breach hereof, or to determine any rights of the parties under this
Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the
court.
Los Angeles
City of Diamond Bar (Ronald Reagan ]Park) CA -8506A (Exodia)
b. When any provision of this Agreement entitles either party to receive costs or
expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred,
notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of
this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all
of Licensor's reasonable attorney's fees incurred in investigating and defending such claims.
18. Waiver of Licensor's Lien.
a. Licensor waives any lien rights it may have concerning the Licensee's Facilities
which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the
same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the
Premises and the Land caused by the removal to the satisfaction of Licensor,
b. Licensor acknowledges that Licensee has entered into a financing arrangement
including promissory notes and financial and security agreements for the financing of the Licensee's
Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional
financing arrangements with other financing entities). In connection therewith, Licensor: (i) consents to
the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and
(iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any License Fee due or to become due and that such Collateral may be removed at any time
without recourse to legal proceedings. Licensee shall promptly repair any and all damage to the Premises
and the Land caused by the removal to the satisfaction of Licensor.
19. Miscellaneous.
a. This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. There are no representations or understandings of any kind not set forth in this
Agreement. Any amendments to this Agreement must be in writing and executed by both parties.
b. If any provision of this Agreement is invalid or unenforceable with respect to
any party, the remainder of this Agreement or the application of such provision to persons other than
those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
C. This Agreement shall be binding on and inure to the benefit of the successors
and permitted assignees of the respective parties.
d. This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action shall
be brought in a state or federal court situated in the County of Los Angeles, State of California.
e. In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or
withhold its approval or consent.
f. The Licensee shall give all notices required by law and comply with all laws,
ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable
for all violations of the law in connection with this Agreement.
Los Angeles
City of Diamond Bar (Ronald Reagan ]Park) CA -8506A (Exodia)
g. All Exhibits attached hereto are material parts of this Agreement.
h. This Agreement may be executed in duplicate counterparts, each of which shall
be deemed an original.
i. Upon request, either party may require that a Memorandum of License be
recorded in the form of Exhibit B. Upon the expiration or earlier termination of this Agreement,
Licensee shall record a Memorandum of Termination in the official records of the County of Los
Angeles Recorder's office.
IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above
written.
LICENSOR
CITY OF DIAMOND BAR, a California municipal
corporation
53
LICENSEE
NEXTEL OF CALIFORNIA, INC., a Delaware
corporation
am
Name: Linda C. Lowry Name:
Title: City Manager Title:
Date:
Tax ID#:
Date:
City of Diamond Bar (Ronald Reagan :Park)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Los Angeles
CA -8506A (Exodia)
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF
COUNTY OF
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
12
City of Diamond Bar (Ronald Reagan Park)
EXHIBIT A-1
I)ESCRIPTION OF LAND
Los Angeles
CA -8506A (Exodia)
The real property situated in the County of Los Angeles, State of California, particularly described as:
APN 8765-015-900
LEGAL DESCRIPTION
the land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
Lot 117 of Tract No. 43163, in the City of Diamond Bar, County
of Los Angeles, State of California, as per map recorded in
Book 1046 Pages 5-14 inclusive of baps, in the office of the
County Recorder of said County.
Except therefrom all minerals, gas, oil, petroleum, naphtha and
other hydrocarbon substances, in and under said land lying
below a depth of 500 feet from the surface, without however,
the right of surface entry, as reserved or excepted in deed(s)
of record.
End of Legal Description
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City of Diamond Bar (Ronald Reagan Park)
EXHIBIT B
RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:
Nextel of California, Inc.
310 Commerce, Suite 100
Irvine, CA. 92602-1300
Attention: Property Manager
Los Angeles
CA -8506A (Exodia)
MEMORANDUM OF LICENSE AGREEMENT
THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of
_, 2006, by and between City of Diamond Bar ("Licensor"), and Nextel of California, Inc., a
Delaware corporation Licensee").
RECITALS
WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications
Site License Agreement ("Agreement") dated as of , 2006, for the purpose of operating and
maintaining a radio communications facility and other improvements. All of the foregoing are set forth
in the Agreement; and
WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official
Records of Los Angeles County, California;
NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare
as follows:
1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1
attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit
A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as
described in Exhibit A-2.
2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing
on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full
execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the
fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew.
3. Agreement Controlling. This Memorandum is solely for the purpose of giving
constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and
this Memorandum, the terms of the Agreement shall control.
City of Diamond Bar (Ronald Reagan Park)
Los Angeles
CA -8506A (Exodia)
IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the
date and year first written above.
Dated: ,2006
Dated: ,2006
LICENSOR:
CITY OF DIAMOND BAR, a California municipal
corporation
Linda C. Lowry
City Manager
LICENSEE:
NEXTEL OF CALIFORNIA, INC., a Delaware
corporation
Name:
Title:
19
City of Diamond Bar (Ronald Reagan Park)
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Los Angeles
CA -8506A (Exodia)
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF
COUNTY OF
On , 2006 before me, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that s/he executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
20
Los Angeles
City of Diamond Bar {Ronald Reagan ]Park) CA -8506A (Exodia)
EXHIBIT A-1
to Memorandum of License Agreement dated 72006
DESCRIPTION OF LAND
The real property situated in the County of Los Angeles, State of Califomia, particularly described as:
Description of Land:
APN 8765-015-900
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
Lot 117 of Tract No. 43162, in the City of Diamond Bar, County
of Los Angeles, State of California, as per map recorded in
Book 1046 Pages 5-14 inclusive of Maps, in the office of the
County Recorder of said County.
Except therefrom all minerals, gas, oil, petroleum, naphtha and
other hydrocarbon substances, in and under said land lying
below a depth of 500 feet from the surface, without however,
the right of surface entry, as reserved or excepted in deed(s)
of record.
End of Legal Description
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Agenda # 6.6 a -e
Meeting Date: May 16, 2006
CITY COUNCIL AGENDA REPORT
reg9
TO: Honorable Mayor and Members f the City Council
VIA: Linda C. Lowry, City Manage
TITLE: APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS TO
SUPPORT SB 1431 (COX) AND TO OPPOSE SB 1404 (MACHADO), SB 1177
(HOLLINGSWORTH), SB 1778 (ALARCON), AND THE "COMMUNICATIONS,
OPPORTUNITY, PROMOTION, AND ENHANCEMENT ACT OF 2006" (BARTON-TX).
RECOMMENDATION:
The Legislative Subcommittee recommends that the City Council approve the recommendations as
listed below.
FISCAL IMPACT:
There is no fiscal impact associated with approving the recommendations of the Legislative
Subcommittee. However, The Communications, Operations, Promotions, and Enhancement Act of
2006" would create a national video franchise, which could have negative impacts on franchise fee
revenues for local government.
BACKGROUND 1 DISCUSSION:
The Legislative Subcommittee meets with staff on a regular basis to discuss and analyze proposed
legislation and potential effects on the City. Following their meeting on May 11, 2006, the
Subcommittee recommended action be taken on the following pieces of legislation:
• SB 1431 (Cox) — If passed, would permit cities to utilize design -build contracts for projects
costing $2.5 million or greater upon approval of the City Council. Design -build contracts have
proven to lessen construction times and related costs.
Recommended Action: Support
The attached resolution and letter of support will be sent to Senator Cox, Joe A. Gonsalves &
Son, Senator Margett and the League of California Cities.
• SB 1177 (Hollingsworth) —Removes the provision in current State law that forces developers
to show a density bonus waiver is necessary to make units economically feasible. This could
allow developers to lower local density, setback, parking, and other standards without due
cause.
Recommended Action: Oppose
The attached resolution and letter of support will be sent to Senators Hollingsworth, Margett,
Joe A. Gonsalves & Son, and the League of California Cities.
• SB 1404 (Machado) — Requires cities to prove street sweeping occurred on the date a related
parking ticket was issued. State law already requires an appeal process, and this additional
requirement only wastes the resources of local agencies.
Recommended Action: Oppose
The attached resolution and letter of opposition will be sent to Senators Machado, Margett,
Joe A. Gonsalves & Son, and the League of California Cities.
SB 1778 (Alarcon) — This is almost identical measure to the now dead SB 411 (Alarcon),
which would have eliminated existing diversion credits for source separated greenwaste
alternative daily cover. By eliminating this diversion credit, public agencies will have difficulty
meeting the State mandated diversion levels.
Recommended Action: Oppose
The attached resolution and letter of opposition will be sent to Senators Alarcon, Margett, Joe
A. Gonsalves & Son, the L.A. County Sanitation District, and the League of California Cities.
• COPE — "The Communications, Opportunity, Promotion, and Enhancement Act of 2006"
(Barton, TX) — If passed, the bill would create a national franchise to be overseen by the FCC
for all video service providers. This would remove local control of public right-of-way, could
cut franchise fee revenues, and limit PEG channel access.
Recommended Action: Oppose
The attached letter of opposition will be sent to Congressmen Barton, Miller, and the National
League of Cities.
Prepared by:
Ryan McLean, Senior Management Analyst David Doyle, Assistant City Manager
Attachments:
1. Resolution and letter in support of SB 1431 (Cox) to Senator Cox, Joe A. Gonsalves & Son,
and the League of California Cities
2. Resolution and letter in opposition to SB 1187 (Hollingsworth) to Senator Hollingsworth, copied
to Joe A. Gonsalves & Son, and the League of California Cities.
3. Resolution and letter in opposition to SB 1404 (Machado) to Senator Machado, copied to Joe
A. Gonsalves & Son, and the League of California Cities.
4. Resolution and letter in opposition to SB 1778 (Alarcon) to Senator Alarcon, copied to Joe A.
Gonsalves & Son, and the League of California Cities.
5. Letter in opposition to 'The Communications, Opportunity, Promotion, and Enhancement Act of
2006 (COPE)" (Barton — TX) to Congressman Barton, copied to Congressman Miller, Joe A.
Gonsalves & Son, and the League of California Cities.
May 17, 2006
The Honorable Senator Dave Cox
State Capitol, Room 2068
Sacramento, CA 95814
RE: City of Diamond Bar Support For SB 1431
Dear Senator Cox:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
SB 1431, which would allow cities to utilize design -build contracting upon approval of the City
Council. The Diamond Bar City Council Legislative Subcommittee recommended to the full City
Council that they support SB 1431. Subsequently, on May 16, 2006, the Diamond Bar City Council
voted to support SB 1431.
Design -build contracting is an effective tool for cities. Time and time again, this method has proven to
reduce project costs and expedite the completion of major projects. By giving cities the option to use
design -build contracting, we can complete projects more efficiently and cost-effectively.
For these reasons, the City of Diamond Bar supports to SB 1431.
Sincerely,
Carol Herrera
Mayor
CC: League of California Cities
Joe A. Gonsalves & Son
City Council/CM/ACM
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING SB 1431 (COX), WHICH WOULD ALLOW CITIES TO UTILIZE DESIGN -BUILD
CONTRACTING FOR PROJECTS OVER $2.5 MILLION UPON APPROVAL BY THEIR CITY
COUNCIL.
WHEREAS, only a limited number of cities, counties, and special districts in California already have
the ability to utilize design -build contracting for major construction projects, and;
WHEREAS, the remainder of cities, counties, and special districts do not have this option and must
use contracting methods that slow project construction progress; and
WHEREAS, delays in project construction can lead to dramatic increases in project costs incurred by
public agencies; and
WHEREAS, design -build contracts have proven to be an efficient method of reducing project cost and
expediting project completion;
WHEREAS, SB 1431 (Cox) would allow cities, upon approval of the City Council, to utilize design -
build contracting until January 1, 2017;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS
SB 1431 (Cox).
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State
officials to SUPPORT SB 1431 (Cox).
SECTION 3 That certified copies of the resolution be circulated to the following:
Senators Dave Cox and Bob Margett
League of California Cities
Joe A. Gonsalves & Son
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF MAY, 2006.
Carol Herrera, Mayor
1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 16th day of May, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING SB 1177 (HOLLINGSWORTH) WHICH WOULD REMOVE THE REQUIREMENT
UNDER DENSITY BONUS LAW THAT A DEVELOPER MUST SHOW A WAIVER IS NECESSARY
TO MAKE AFFORDIBLE UNITS ECONOMICALLY FEASIBLE
WHEREAS, California Zoning and Planning law requires that a city may provide a developer with a
density bonus or other incentives in exchange for the production of affordable housing units; and
WHEREAS, when producing affordable housing units, developers often request a waiver to modify
affordable housing units to make them economically feasible; and
WHEREAS, the modifications may include reducing local standards for setbacks, parking, density,
and architectural standards; and
WHEREAS, current state law requires developers to show local agencies why a waiver is necessary
to make the units economically feasible; and
WHEREAS, SB 1177 (Hollingsworth) would remove the requirement for developers to prove the
waiver is necessary to make the affordable housing units economically feasible; and
WHEREAS, SB 1177 (Hollingsworth) infringes on the local control of cities to enforce their
development and architectural standards; and
WHEREAS, the provisions contained in SB 1177 (Hollingsworth) threaten local governments and
residents with lawsuits simply because developers are including affordable housing units that can
later be sold at market rate; and
WHEREAS, SB 1177 (Hollingsworth) undercuts good land use and zoning ordinances that are aimed
at putting truly affordable housing units in place;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES
SB 1177 (Hollingsworth).
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State
officials to OPPOSE SB 1177 (Hollingsworth).
SECTION 3 That certified copies of the resolution be circulated to the following:
Senators Dennis Hollingsworth and Bob Margett
League of California Cities
Joe A. Gonsalves & Son
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF MAY, 2006.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 16th day of May, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
May 17, 2006
The Honorable Senator Dennis Hollingsworth
State Capitol, Room 5064
Sacramento, CA 95814
RE: City of Diamond Bar Opposition to SB 1177
Dear Senator Hollingsworth:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
SB 1177, which would remove the requirement under Density Bonus Law that a developer show that
a waiver is necessary to make affordable housing units economically feasible. The Subcommittee
recommended to the full City Council that they oppose SB 1177. Subsequently, on May 16, 2006, the
Diamond Bar City Council voted to oppose SB 1177.
Local governments are elected to serve the people of their communities. By allowing developers to
waive important local density, setback, parking, and architectural standards without showing cause,
the authority of local governments is infringed upon. SB 1177 allows developers to come into our
communities and dictate their own terms without minding local zoning and land use ordinances simply
because they are including token amounts of affordable housing units that can later be sold at market
rate.
Local ordinances and architectural standards are designed to protect the residents of the community.
SB 1177 endangers residents by generating additional demands on infrastructure, schools, sewers,
and water and may result in eyesores and property value loss.
For these reasons, the City of Diamond Bar is opposed to SB 1177.
Sincerely,
Carol Herrera
Mayor
CC: League of California Cities
Joe A. Gonsalves & Son
City Council/CM/ACM
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING SB 1404 (MACHADO) WHICH WOULD REQUIRE AGENCIES TO PROVE STREET
SWEEPING OCURRED ON THE DATE A RELATED PARKING TICKET WAS ISSUED
WHEREAS, local agencies adopt and enforce parking ordinances on streets in their jurisdictions; and
WHEREAS, agencies often adopt regulations related to parking on designated street sweeping days;
and
WHEREAS, these regulations are designed to ensure efficiency and completeness of street sweeping
operations; and
WHEREAS, SB 1404 (Machado) would require cities to prove street sweeping occurred on the date a
related parking ticket was issued, despite current State laws that require an appeal process; and
WHEREAS, by requiring cities to do so leads to inefficient use of already stretched City staff and
resources; and
WHEREAS, SB 1404 (Machado) would also go further by declaring the regulation of parking
violations of an ordinance for street sweeping is in need of uniform statewide regulation; and
WHEREAS, SB 1404 (Machado) holds cities to specific maintenance times without taking into
account other issues that may interfere with street sweeping; and
WHEREAS, SB 1404 (Machado) infringes on the control of local agencies to enforce their ordinances
and sets a slippery slope that could create a tendency to disregard other parking restrictions and
laws; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES
SB 1404 (Machado).
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State
officials to OPPOSE SB 1404 (Machado).
SECTION 3 That certified copies of the resolution be circulated to the following:
Senators Michael Machado and Bob Margett
League of California Cities
Joe A. Gonsalves & Son
PASSED, APPROVED, AND ADOPTED THIS 161h DAY OF MAY, 2006.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 16 th day of May, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Cleric
City of Diamond Bar
May 17, 2006
The Honorable Senator Michael Machado
State Capitol, Room 5066
Sacramento, CA 95814
RE: City of Diamond Bar Opposition to SB 1404
Dear Senator Machado:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
SB 1404, which would require cities to provide proof that street sweeping took place on a day when a
related parking citation was issued. The Subcommittee recommended to the full City Council that
they oppose SB 1404. Subsequently, on May 16, 2006, the Diamond Bar City Council voted to
oppose SB 1404.
SB 1404 places an unnecessary additional burden on cities to provide proof that street sweeping
occurred on the date a street sweeping ticket was issued. State law already provides for an appeal
process, and the additional requirements included in SB 1404 only stretch the resources of cities to
the point of inefficiency. Perhaps more troubling is the declaration in SB 1404 that the regulation of
parking violations of an ordinance for street sweeping is in need of uniform statewide regulation.
Local agencies must be able to enforce their ordinances to ensure the safety of its residents. Such a
declaration sets in motion a slippery slope that may lead to further erosion of local authority.
For these reasons, the City of Diamond Bar is opposed to SB 1404.
Sincerely,
Carol Herrera
Mayor
CC: League of California Cities
Joe A. Gonsalves & Son
City Council/CM/ACM
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING SB 1778 (ALARCON) WHICH ELIMINATES DIVERSION CREDITS GIVEN TO
SOURCE SEPARATED GREENWASTE ALTERNATIVE DAILY COVER
WHEREAS, Senator Alarcon has introduced SB 1778, which would eliminate the existing diversion
credit given to source separated greenwaste alternative daily cover; and
WHEREAS, source separated greenwaste alternative daily cover is used to cover deposited waste at
landfills, and has been consistently proven to effectively protect public health and safety and the
environment, while extending the life of landfills; and
WHEREAS, since 1996, agencies have received diversion credits for curbside greenwaste collection
for use as source separated greenwaste alternative daily cover, helping them to meet the state
mandated waste reduction rate; and
WHEREAS, the elimination of these diversion credits would significantly hamper the ability of many
local jurisdictions to meet the state mandates, making them subject to steep fines and penalties; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES
SB 1778 (Alarcon).
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State
officials to OPPOSE SB 1778 (Alarcon).
SECTION 3 That certified copies of the resolution be circulated to the following:
Senators Richard Alarcon and Bob Margett
League of California Cities — LA Division
Joe A. Gonsalves & Son
Los Angeles County Sanitation District
PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF MAY, 2006.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 16khday of May, :2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
May 11, 20066
The Honorable Senator Richard Alarcon
State Capitol, Room 4035
Sacramento,CA 95814
RE: City of Diamond Bar Opposition to SB 1776
Dear Senator Alarcon:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
SB 1776, which would eliminate diversion credits for source separated greenwaste alternative daily
cover. The Subcommittee recommended to the full City Council that they oppose SB 1776.
Subsequently, on May 16, 2006 the Diamond Bar City Council voted to oppose SB 1776.
Source separated greenwaste alternative daily cover has proven to be an effective and efficient
method of covering landfills. This material helps protect public safety and health as well as extend
the life of landfills, which saves taxpayer money. Since 1996, local jurisdictions have received
valuable diversion credits for curbside collection of greenwaste that is converted into source
separated greenwaste alternative daily cover. If these credits are eliminated, as proposed in SB
1776, many agencies will not be able to reach the state mandated waste diversion rate of 50%, and
will be subject to severe fines and penalties.
While we support the goal of SB 1776 to develop and stimulate the composting industry, it will take
time to develop and build the necessary infrastructure and markets that the composting industry
needs. The elimination of diversion credits for source separated greenwaste alternative daily cover
will do away with an important way to manage waste in a positive way.
For these reasons, the City of Diamond Bar is opposed to SB 1776.
Sincerely,
Carol Herrera
Mayor
CC: Senator Richard Alarcon
Joe A. Gonsalves & Son
League of California Cities — LA Division
City Council/CM/ACM
May 17, 2006
The Honorable Congressman Joe Barton
2109 Rayburn House Office Building
Washington, D.C. 20515
City of Diamond Bar, California Opposition to "The Communications, Opportunity, Promotions, and
Enhancement Act of 2006"
Dear Congressman Barton:
Recently, the City of Diamond Bar City Council Legislative Subcommittee met to review your
proposed bill, "The Communications, Opportunity, Promotions, and Enhancement Act of 2006"
{COPE}, which would create a national franchise for video providers. The Subcommittee
recommended to the full City Council that they oppose COPE. Subsequently, on May 16, 2006 the
Diamond Bar City Council voted to oppose COPE.
"The Communications, Opportunity, Promotions, and Enhancement Act of 2006" is very dangerous to
the well-being of cities and their residents. By removing local franchising authority, cities may face
harmful consequences. While COPE includes a 5% franchise fee based on "gross revenues", the
definition of such revenues has yet to be determined. A change in the definition may result in
significantly lower franchise fee payments to cities. Franchise fees contribute a sizable sum to the
general fund of local agencies. COPE also threatens the local authority of cities to manage and
defend their local right-of-way. With a national franchise, local rights-of-way disputes and
enforcement authority are handled by the FCC, which has no knowledge or inherent interest in local
issues. Additionally, cities and residents will have no recourse for customer service problems other
than to go directly to the FCC. This is simply inefficient and ineffective.
New entrants to the video service industry have claimed that securing local franchises has presented
a burden to their entry. However, the City of Diamond Bar has remained willing and able to complete
a franchise agreement with any new entrant within 30 days. The need for a national franchise to
speed the process does not exist.
We are strongly opposed to 'The Communications, Opportunity, Promotions and Enhancement Act of
2006". Local franchising remains the appropriate way to ensure that the best interests of local
agencies and their residents are met.
Sincerely,
Carol Herrera
Mayor, City of Diamond Bar, California
CC: Congressman Gary Miller
National League of Cities/City Council/CM/ACM
Agenda
Meeting Date: May 16 2006
CITY COUNCIL w AGENDA REPORT
f,44RP(>xr'C�9
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TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage dwlr
TITLE: APPROPRIATE $412,173 FROM PROPOSITION C FUND RESERVE AS
A TRANSFER TO THE CAPITAL IMPROVEMENT PROGRAM
BUDGET; APPROVE PLANS AND SPECIFICATIONS; AWARD
CONSTRUCTION CONTRACT IN THE AMOUNT OF $912,673 TO
MACADEE ELECTRICAL CONSTRUCTION; AND AUTHORIZE A
CONTINGENCY AMOUNT OF $90,000 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $1,002,673, FOR CONSTRUCTION OF
LEFT -TURN TRAFFIC SIGNALS AT BREA CANYON ROADISILVER
BULLET DRIVE, DIAMOND BAR BOULEVARDISHADOW CANYON
DRIVE, DIAMOND BAR BOULEVARD/MOUNTAIN LAUREL WAY,
DIAMOND BAR BOULEVARD/HIGHLAND VALLEY ROAD, DIAMOND
BAR BOULEVARD/GRAND AVENUE, AND GOLDEN SPRINGS DRIVE
/PROSPECTORS ROAD, AND NEW TRAFFIC SIGNALS
INSTALLATION ON GRAND AVENUE AT CAHILL STREET AND AT
CLEGHORN DRIVE.
RECOMMENDATION:
Appropriate, approve and award.
FINANCIAL IMPACT:
The recommended traffic signals installations/modifications were approved as part of
the FY 2005-06 Capital Improvement Program (CIP) with $710,000 Prop. C Funds
budgeted. To design the traffic signals at these locations, $39,500 has been
encumbered. As shown in the table, to proceed with the completion of all the above-
mentioned improvements, an appropriation of an additional $412,173 from the
Proposition C Fund Balance Reserve is recommended. The $412,173 appropriation
includes the $80,000 construction management inspection services recommended for
tonight's approval as well.
ct Costs Breakdown:
Design Construction
$39,500
1,002,673
Construction
Mana ement
$80,000
Prop C Funds Budgeted
Proposed Additional Fund from Prop C Fund Balance Reserve
Total Project Funding
BACKGROUNDIDISCUSSION.
Total Project
Costs
$1,122,173
$ 710,000
412 173
$1,122,173
Based on the warrant studies:, six (6) intersections were recommended for left -turn
signals and two (2) intersections for full signalization in the 2005-06 CIP budget. The
work to be performed under the project plans and specifications consists of installation
and modification of traffic signals, traffic signal interconnect, signing, striping, median
modifications, wheelchair ramps and other incidental and appurtenant work necessary
for the proper construction of the contemplated improvements.
With an engineer's estimate of $927,000, the City released plans and specifications to
receive bids for construction of the eight (8) traffic signals on April 3, 2006. Bids were
received from six (6) contractors that were publicly opened on May 4, 2006:
Macadee Electrical Construction
$912,673
Dynaelectric
$959,553
CSI
$1,002,857
Republic
$1,037,800
Terno
$1,043,980
Steiney & Co.
$1,205,900
The responsive low bidder is Macadee Electrical Construction. The contractor's license
has been checked with the State of California and the license is active and clear. The
project schedule is tentatively set as follows:
Award Construction
Start Construction
Construction Completion
PREPARED BY:
David G. Liu, Director of Public Works
Attachment: Agreement
2
May 16, 2006
June12, 2006
September 22, 2006
Date prepared: May 10, 2006
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed
by the Mayor and attested to by the City Clerk, by and between Macadee Electrical
Construction.hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar,
California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received,
publicly opened, and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR Macadee Electrical
Construction Inc. and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for traffic signals
installations/modifications of the Brea Canvon Read and diver R..11-+ r,..—
venue and Diamond
Ian
agreed: NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
1 GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary
labor, tools, materials, appliances, and equipment for and do the work for the traffic signals
installations/modifications of the Brea Can on Road and Silver Bullet Drive, Diamond Bar
Boulevard and Shadow Can on Drive Diamond Bar Boulevard and Mountain Laurel Way,
Golden S rin s Drive and Prospectors. road Grand Avenue and Cahill Street, Grand
Avenue and Diamond Bar Boulevard Grand Avenue and Cle horn Drive andDiamond
Bar Boulevard and Highland Valley Road. in the City of Diamond Bar. The work to be
performed in accordance with the plans and specifications, dated April 3 2006 (The Plans and
Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter
mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with
like force and effect as if set forth in full herein. The Plans and Specifications,
CONTRACTOR'S Proposal dated April 14 2006, together with this written agreement, shall
constitute the contract between the parties. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work properly and in accordance
with the law and lawful governmental regulations shall be performed by the CONTRACTOR
whether set out specifically in the contract or not. Should it be ascertained that any
inconsistency exists between the aforesaid documents and this written agreement, the
provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The CONTRACTOR agrees to complete the work within One hundred 100
calendar days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages in
the amount of five hundred ($500.0dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may deduct the amount thereof
from any monies due or that may become due the CONTRACTOR under this agreement.
Progress payments made after the scheduled date of completion shall not constitute a waiver of
liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this contract
until he has obtained all insurance required hereunder in a company or companies acceptable
to City nor shall the CONTRACTOR allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all persons
whom he may employ directly or through subcontractors in carrying out
the work specified herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every CONTRACTOR shall secure the payment of compensation
to his employees. The CONTRACTOR, prior to commencing work, shall
sign and file with the City a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this
contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following
minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000
each accident.
2
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
1 } Be issued by an insurance company approved in writing by City,
which is admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon
to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until
thirty (30) days after receipt by City of a written notice of such
cancellation or reduction of coverage as evidenced by receipt of a
registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insureds in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice
of award of the Contract, deliver to the City Manager or his designee the
original policies of insurance required in paragraphs a. and b. hereof, or
deliver to the City Manager or his designee a certificate of the insurance
company, showing the issuance of such insurance, and the additional
insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and not less
than the general prevailing rate of per diem wages for holiday and overtime work. In that
regard, the Director of the Department of Industrial Relations of the State of California is
required to and has determined such general prevailing rates of per diem wages. Copies of
3
such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of
Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and are available to any
interested party on request. City also shall cause a copy of such determinations to be posted at
the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing
rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any
subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance
of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works
site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract, and the CONTRACTOR and
any sub -contractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed in the execution of the contract, by him or any
sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to labor
more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract as such
travel and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY:The City of Diamond Bar and its officers, agents
and employees ("Idemnitees") shall not be answerable or accountable in any manner for any
loss or damage that may happen to the work or any part thereof, or for any of the materials or
other things used or employed in performing the work; or for injury or damage to any person or
persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the
public, or for damage to adjoining or other property from any cause whatsoever arising out of or
4
in connection with the performance of the work. The CONTRACTOR shall be responsible for
any damage or injury to any person or property resulting from defects or obstructions or from
any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or property,
penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision, or other organization arising out of or in connection with the
work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or
invitees provided for herein, whether or not there is concurrent passive or active negligence on
the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection
with any such claims, damages, penalties, obligations or liabilities and will
pay all costs and expenses, including attorneys' fees incurred in
connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against the
CONTRACTOR or Indemnitees covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection with
such work, operations or activities of the CONTRACTOR hereunder, and
the CONTRACTOR agrees to save and hold the Indemnitees harmless
therefrom.
C. In the event Indemnitees are made a party to any action or proceeding
filed or prosecuted against the CONTRACTOR for damages or other
claims arising out of or in connection with the work, operation or activities
hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all
costs and expenses incurred by Indemnitees in such action or proceeding
together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the
contract as shall be considered necessary by City may be retained by City until disposition has
been made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is in
addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverages which may have been required under this Agreement or any additional
insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising our of or incident to
activities or operations performed by or on behalf of the Indemnitor regardless of any prior,
concurrent, or subsequent active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section
exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735.
5
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for
furnishing all material and doing the prescribed work the unit prices set forth in the Price
Schedule in accordance with CONTRACTOR'S Proposal dated May 4, 2006.
12. TERMINATION: This agreement may be terminated by the City, without cause,
upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days
prior to the date of termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily
incurred prior to the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the
formalities required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. _ _ 583125 C-10 Classification
Date
Date
Uate
Macadee Electrical Construction
4755 Lanier Road
Chino CA 91710
By:
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
CAROL HERRERA, MAYOR
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
R
CONTRACTOR'S Business Phone (909) 627-1336
Emergency Phone at which CONTRACTOR can be reached at any time (951) 453-2734
APPROVED AS TO FORM:
CITY ATTORNEY
Date
7
Agenda # 6.7(h)
Meeting Date: MaE 16 2006
CITY COUNCIL �AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage , vt
TITLE: APPROVE A CONTRACT AMENDMENT WITH WARREN C. SIECKE
TRANSPORTATION AND TRAFFIC ENGINEERING FOR
CONSTRUCTION INSPECTION SERVICES IN THE AMOUNT OF
$72,000 PLUS A CONTINGENCY AMOUNT OF $8,000 FOR CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $80,000, FOR THE CONSTRUCTION
OF LEFT -TURN TRAFFIC SIGNALS AT BREA CANYON ROADISILVER
BULLET DRIVE, DIAMOND BAR BOULEVARD/SHADOW CANYON
DRIVE, DIAMOND BAR BOULEVARD/MOUNTAIN LAUREL WAY,
DIAMOND BAR BOULEVARDIHIGHLAND VALLEY ROAD, DIAMOND
BAR BOULEVARD/GRAND AVENUE, AND GOLDEN SPRINGS DRIVE
/PROSPECTORS ROAD, AND NEW TRAFFIC SIGNALS
INSTALLATION ON GRAND AVENUE AT CAHILL STREET AND AT
CLEGHORN DRIVE.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The recommended traffic signals installations/modifications were approved as part of
the FY 2005-06 Capital Improvement Program (CIP) with $710,000 Prop. C Funds
budgeted. To design the traffic signals at these locations, $39,500 has been
encumbered. As shown in the table, to proceed with the completion of all the above-
mentioned improvements, an appropriation of $412,173 from the Proposition C Fund
Balance Reserve is recommended. The $412,173 appropriation includes the $80,000
construction management/inspection services recommended for tonight's approval as
well.
Project Costs Breakdown:
Design Construction Construction Total Project
Management Costs
$39,500 $1,002,673 $80,000
$1,122,173
Prop C Funds Budgeted $ 710,000
Proposed Additional Fund from Prop C Fund Balance Reserve 412 173
Total Project Funding $1,122,173
BACKGROUND/DISCUSSION:
Based on the warrant studies, six (6) intersections were recommended for left -turn
signals and two (2) intersections for full signalization in the 2005-06 CIP budget. The
work to be performed under the project plans and specifications consists of installation
and modification of traffic signals, traffic signal interconnect, signing, striping, median
modifications, wheelchair ramps and other incidental and appurtenant work necessary
for the proper construction of the contemplated improvements.
At tonight's meeting, the City Council will be awarding the construction contract to
Macadee Electrical Construction in the amount of $912,673. Staff requested Warren C.
Siecke to submit a proposal to provide construction administration and inspection during
construction of this project.
PREPARED BY:
David G. Liu, Director of Public Works Date prepared: May 10, 2006
Attachment. Amendment to the Consulting Services Agreement
2
AMENDMENT NO. 13
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 13 to the Agreement is made and entered into this 16`h
day of May, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation
(hereinafter referred to as "CITY") and WARREN C. SIECKE TRAFFIC &
TRANSPORTATION ENGINEERING (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement, with
Consultant to provide Professional Traffic Engineering Services, which the Agreement
was dated October 16, 2001.
(ii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A" to provide construction administration and inspection
services for the Traffic Signals Installations/Modifications at Brea Canyon Road and
Silver Bullet Drive, Diamond Bar Boulevard and Shadow Canyon Drive, Diamond Bar
Boulevard and Mountain Laurel Way, Golden Springs Drive and Prospectors road,
Grand Avenue and Cahill Street, Grand Avenue and Diamond Bar Boulevard, Grand
Avenue and Cleghorn Drive, and Diamond Bar Boulevard and Highland Valley Road.
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1.A. Scope of Services of the Agreement is hereby
amended to read as follows:
"A. Scope of Services. The nature and scope of the specific
services to be performed by Consultant are as described in Exhibit "A", dated May 7,
2006, for construction administration and inspection services for the Traffic Signals
Installations/Modifications at Brea Canyon Road and Silver Bullet Drive, Diamond Bar
Boulevard and Shadow Canyon Drive, Diamond Bar Boulevard and Mountain Laurel
Way, Golden Springs Drive and Prospectors road, Grand Avenue and Cahill Street,
Grand Avenue and Diamond Bar Boulevard, Grand Avenue and Cleghorn Drive, and
Diamond Bar Boulevard and Highland Valley Road."
follows: Section 2: Section 3 of the Agreement is hereby amended to read as
"Compensation. City agrees to compensate Consultant for each
service which Consultant performs to the satisfaction of City in compliance with the
schedule set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Seventy-two thousand ($72,000.00) dollars."
Section 3: Each party to this Amendment No. 13 acknowledges that no
representation by any party which is not embodied herein nor any other agreement,
statement, or promise not contained in this Amendment No. 13 shall be valid and
binding. Any modification of this Amendment No. 13 shall be effective only if it is in
writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement No. 13 as of the day and year first set forth above:
APPROVED AS TO FORM:
:n
City Attorney
ATTEST:
ommye c;nobjns, City Clerk
CONSULTANT:
WARREN C. SIECKE TRAFFIC &
TRANSPORTATION ENGINEERING
Warren C. Siecke, P.E.
CITY OF DIAMOND BAR
Lowry, City Manager
Agenda # 7. i
Meeting Date: May 16, 2001
CITY COUNCIL AGENDA REPORT
�� CgRI'OTiA'�
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
fi�t
TITLE: APPROVAL OF TENTATIVE PARCEL MAP NO. 061702 TO
SUBDIVIDE A 13.69 -ACRE SITE (TARGET DEVELOPMENT) INTO
THREE PARCELS.
RECOMMENDATION:
The Planning Commission recommends approval of Tentative Parcel Map No. 061702
to subdivide the site into three parcels. This will allow separate ownership of the two
commercial pads located along Golden Springs Rd. Upon conclusion of the public
hearing the City Council may approve the Tentative Parcel Map as recommended by
the Planning Commission, approve the project with modified conditions of approval or
deny the request and subdivision.
FISCAL IMPACT:
The proposed subdivision of the Target site into three parcels will allow the property
owner to sell the two smaller lots for future commercial development. This will facilitate
the development of those sites with commerciallrestaurant uses that will provide
additional sales tax revenues, .jobs to the City and quality of life to the Diamond Bar
community.
BACKGROUND/DISCUSSION:
This item was continued from the March 28, 2006 to the April 11, 2006 Planning
Commission meeting at the applicant's request. At the April 11, 2006 public hearing, the
Commissioners' discussion focused on two issues, shared parking and public art. The
Commission expressed concern that problems could arise because proposed Parcel 3
would not have enough parking as a stand-alone site for a restaurant use. Staff clarified
that there would be a reciprocal access agreement requirement included as a condition
of the tentative parcel map and that the agreement would run with the land. As a result,
future tenants would be required to get City approval before changing the reciprocal
access agreement.
The Commission discussed the possibility that public art could be provided as part of
approval of the tentative parcel map. The applicant explained that the project is
approaching $1 million over budget and the imposition of a condition requiring public art
would be too costly. The Commission also discussed whether public art could be
provided by Target in the future. The applicant responded that it may be possible
through a community involvement program. The applicant also explained that requiring
the future property owner to provide public art as a condition of the sale would be a
deterrent to potential buyers. Staff responded that public art could be placed as a
condition of approval for a corner restaurant applicant when a project was submitted to
the City.
At the conclusion of the public hearing, with no public testimony being offered, the
Commission recommended that the City Council approve the tentative parcel map to
subdivide one parcel into three.
Attached is a copy of the April 11, 20056, Planning Commission staff report that
provides the technical information of the project. Also attached are copies of the
Minutes of the April 11, 2006, Planning Commission meeting.
NOTICE OF PUBLIC HEARING:
On May 5, 2006, notice of public hearing for this project was published in the Inland
Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing
notices were mailed to approximately 576 property owners within a 700 -foot radius of
the project site. Further, the project site was posted with a display board and the public
hearing was posted in three public places.
Prepared By
Nancy Fong, AICP
Interim Community Development Director
Attachments:
Reviewed By
David Doyle
Assistant City Manager
1. Draft Resolution of approval Tentative Parcel Map No. 061702
2. April 11, 2006 Planning Commission Staff Report and Minutes
3. Planning Commission Resolution No. 2006-15
CITY COUNCIL
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING THE TARGET DEVELOPMENT
TENTATIVE PARCEL MAP NO. 061702 FOR A THREE LOT
SUBDIVISION LOCATED WEST OF GRAND AVENUE AND
SOUTH OF GOLDEN SPRINGS DRIVE, DIAMOND BAR,
CALIFORNIA. (APN NOS. 8293-045-006, 8293-045-007,
8293-045-008 AND 8293-045-009)
A. RECITALS
Target Corporation (the Applicant) has filed an application for the approval of
Tentative Parcel Map No. 061702 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Tentative Parcel Map request shall
be referred to as the "Application."
2. On March 17, 2006, public hearing notices were mailed to approximately 576
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San _Gabriel Valley Tribune and Inland Valle
Daily Bulletin newspapers.
3. On March 28, 2006, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application; continued the
public hearing to April 11, 2006, concluded said hearing on that date, and
recommended approval.
4. On May 5, 2006, public hearing notices were mailed to approximately 576
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing forthis
project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
5. On May 16, 2006, the City Council of the City of Diamond Bar conducted a
duly noticed public hearing on the Application and concluded said hearing on
that date.
6. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the City Council during
the above referenced meeting on May 16, 2006, including written and oral
staff reports, this City Council hereby specifically finds as follows:
(a) The application applies to a property located at the southeast corner
of Grand Avenue and Golden Springs Drive.
(b) The General Plan land use designation of the site is Specific Plan.
(c) The site is within the Diamond Bar Village Specific Plan. The
Application for a Tentative Parcel Map is in conformance with the
development concept of the Specific Plan.
(d) The site has provided sufficient parking spaces in excess of City's
minimum requirement to accommodate the proposed uses.
(e) The Application conforms to the development concept of the Diamond
Bar Village Specific Plan.
(f) On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports,
SCH No. 91121027 and No. 96111047 for the related General Plan,
Zone Change, Development Agreement and Diamond Bar Village
Specific Plan, The Specific Plan document included a Conceptual
Site Plan that illustrates the development concept. The proposed
project is a Design Review and it is determined that the project design
is in conformance with the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issues have
been identified and that none of the elements set forth in Public
Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exists, therefore, no
further environmental review is required.
3. The City Council hereby specifically finds and determines that having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence
2
4
before this City Council that the proposed project herein will have the
potential of an adverse effect on wildlife resources or the habitat upon which
the wildlife depends. Based upon substantial evidence, this City Council
hereby rebuts the presumption of adverse effects contained in Section
753.5(d) of Title 14 of the California Code of Regulations.
Based on the findings and conclusions set forth herein, this City Council
hereby finds as follows:
Tentative_ Parcel Map Findings
(a) The proposed subdivision including design and improvements is
consistent with the General Plan and the Diamond Bar Village
Specific Plan.
The General Plan land use designation for the project site is Specific
Plan. The adopted Specific Plan for the project area is the Diamond
Bar Village Specific Plan which designates the site for commercial
and retail uses and includes a conceptual site plan for development of
the site. The proposed subdivision is consistent with the distribution,
type, and intensity of uses displayed on the conceptual site plan. The
proposed subdivision is also consistent with the minimum lot sizes
established by the Specific Plan.
(b) The project site is physically suitable for the type and proposed
density of the development.
The project site is approximately 13.69 acres. TPM 061702 proposes
to subdivide the site into three parcels for the purpose of facilitating
the development of Parcels 2 and 3. On April 26, 2005, the Planning
Commission approved Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 for an approximately 130,000 -
square -foot retail store, parking lot and two retail/restaurant pads on
the site. Parcel 1 will be an approximately 11.98 -acre site and will
encompass the retail store currently under construction. Parcels 2 and
3 will be 1.02 and .69 -acres, respectively. The subdivision is
consistent with the Specific Plan conceptual site plan in the
distribution, intensity, and type of uses proposed for the site.
(c) The design of the subdivision or the proposed improvements is not
likely to cause substantial environmental damage or injure fish or
wildlife or their habitat.
On June 23, 2005, the City Council approved an addendum to the
previously certified final environmental impacts reports (E1Rs) for the
related General Plan, Zone Change, Development Agreement, and
3
analyzed whether the proposed map would cause substantial
environmental damage or injure fish or wildlife or their habitat. The
Specific Plan included a conceptual site plan that shows the
development of the site. The proposed subdivision is consistent with
the conceptual site plan contained in the Diamond Bar Village Specific
Plan. Consequently, the proposed subdivision is consistent with the
project analyzed under the previously approved addendum and Final
EIRs. No new environmental issues have been identified relating to
fish and wildlife and their habitat that would require additional review
for the proposed subdivision.
(d) The design of the subdivision or type of improvements is not likely to
cause serious public health or safety problems.
The previously approved addendum and Final EIRs related to the
project analyzed potential public health and safety impacts from the
design of the subdivision and improvements associated with the
project. No new environmental issues have been identified relating to
public health or safety problems. Therefore, the proposed subdivision
is not likely to cause serious health or safety problems.
(e) The design of the subdivision or types of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision. This
finding may not be made if the review authority finds that alternate
easements for access or use will be provided, and that they will be
substantially equivalent to ones previously required by the public.
The proposed map is located on private property and, therefore, access
easements within the project site are private property. Access to the
site will be through entry driveways on Grand Avenue and Golden
Springs Drive. The site does not have any easement acquired by the
public for access or use within the project site.
(f) The discharge sewerage from the proposed subdivision into the
community source system would not result in violation of existing
requirements prescribed by the California Regional Water Quality
Control Board.
The proposed map is required to be compliant with Regional Water
Quality Control Board requirements, the Federal Clean Water Act,
and the National Pollutant Discharge Elimination System (NPDES)
program implementing construction—related Best Management
Practices (BMPs) and Standard Urban Stormwater Mitigation Plan
(SUSMP) criteria. With project design features related to the storm
drain system, energy dissipaters, standard conditions of approval,
lH
mitigation measures, any potential significant water quality impacts
would be reduced to levels less than significant.
(g) A preliminary soils report or geological hazards report does not
indicate adverse soils or geological conditions and the subdivision has
provided sufficient information to the satisfaction of the City Engineer
or Council that the conditions can be corrected in the plan for the
development.
The previously approved addendum and Final EIRs related to the
project analyzed potential adverse soils and geologic conditions
impacts from the design of the subdivision and improvements
associated with the project. The map is consistent with the project
analyzed under the addendum and Final EIRs and no new
environmental issues have been identified relating to public health or
safety problems. Therefore, the proposed subdivision is not likely to
cause significant impacts related to adverse soils or geologic
conditions.
(h) The proposed subdivision is consistent with all applicable provisions
of this Title, the Development Code, any other applicable provisions of
the Municipal Code, and the Subdivision Map Act.
The proposed subdivision is consistent with the General Plan and
Diamond Bar Village Specific Plan land use designation. It will be
graded in compliance with the City's applicable hillside management
standards. The physical size and design of the proposed subdivision
will allow for compliance with all applicable standards in the
Development Code. The proposed map is consistent with Title 21, the
City's subdivision ordinance, and the Subdivision Map Act
requirements as conditioned in this resolution.
5. Based on the findings and conclusions set forth above, the City Council
hereby approves this Application subject to the following conditions and
attached standard conditions:
A. PLANNING
(1) All conditions of approval contained in Development
Agreement No 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(2) All conditions of approval contained in Planning Commission
Resolution No. 2005-18 shall apply.
(3) All conditions of approval of this resolution shall be completed
5
to the satisfaction of the Community Development Director
before issuance of a Certificate of Occupancy for development
of the final lot of Parcel Map No. 061702.
(4) Approval of this request shall not waive compliance with all
sections of the Development Code, all other applicable City
Ordinances, and applicable Specific Plan in effect at the time
of building permit issuance.
(5) Future building pads (Lots 2 and 3) shall be subject to
separate Development Review and/or Conditional Use Permit
processes for Planning Commission approval. The two pads
shall be seeded and surface irrigated for erosion control.
(6) The architectural style of any future buildings on Lots 2 and 3
shall complement that of the Target store on Lot 1.
(7) Landscaping for development on Lots 2 and 3 shall be
consistent with the style of the existing landscaping on Lot 1.
(8) The landscape treatment at the corner of Golden Springs Drive
and Grand Avenue shall follow the Grand Avenue Gateway
Master Plan design.
(9) A Property Owner's Association (POA) shall be formed to enforce
the CC&Rs and shall be recorded with the final parcel map.
B. GRADING
(1) Precise grading plans for each lot shall be submitted to the
Community and Development Services Department/Planning
Division for approval prior to issuance of building permits.
(This may be on an incremental or composite basis).
C. ENGINEERING
(1) A reciprocal access and parking agreement shall be submitted
for review and approval by the Planning and Engineering
Division. This agreement shall be incorporated into the CC&Rs
and shall be recorded with the final parcel map.
(2) A specific location for the relocation of the Edison power pole
located on Grand Avenue shall be designated on the final map
with building, landscaping, and parking restrictions placed on
the specified location.
[:1
(3) Consent for the Underground Easement for the relocation of
the Edison power pole along Grand Avenue shall be granted
prior to final map approval.
(4) The applicant shall replace and record any centerline ties and
monuments that are removed as part of this construction with
the Los Angeles County Public Works Survey Division.
(5) Easements, satisfactory to the City Engineer and the utility
companies, for public utility and public services purposes shall
be offered and shown on the detailed site plan for dedication to
the City.
(6) Prior to final map approval, a water system with appurtenant
facilities to serve all lots/parcels in the land division designed to
the Walnut Valley Water District (WVWD) specifications shall
be provided and approved by the City Engineer. The system
shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic
and fire flows to the satisfaction of the City Engineer, WVWD
and Fire Department.
(7) Prior to final map approval or issuance of building permit
whichever comes first, written certification that all utility
services and any other service related to the site shall be
available to serve the proposed project and shall be submitted
to the City. Such letters shall be issued by the district, utility
and cable television company, if applicable, within ninety (90)
days prior issuance of grading permits.
(8) Prior to recordation of final map, applicant shall provide
separate underground utility services to each parcel per
Section 21.30 of Title 21 of the City Code, including water, gas,
electric power, telephone and cable TV, in accordance with the
respective utility company standards. Easements required by
the utility companies shall be approved by the City Engineer.
(9) Applicant shall relocate and underground any existing on-site
utilities to the satisfaction of the City Engineer and the
respective utility owner.
(10) Underground utilities shall not be constructed within the drip
line of any mature tree except as approved by a registered
arborist.
7
D. BUILDING
(1) Applicant shall obtain all other department approvals (Fire,
Health, Waste Management, etc.)
(2) All unenclosed under -floor areas shall be constructed as
exterior wall.
E. FIRE
(1) Emergency access shall be provided, maintaining free and
clear, a minimum 28 foot at all times during construction in
accordance with Fire Department requirements.
(2) All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
(3) Access shall comply with Section 902 of the Fire Code, which
requires all weather access. All weather access may require
paving.
(4) Fire Department Access shall be extended to within 150 feet
distance of any exterior portion of all structures.
(5) Where driveways extend further than 300 feet and are of
single access design, turnarounds suitable for fire protection
equipment use shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and maintained to
ensure their integrity for Fire Department use. Where
topography dictates, turnarounds shall be provided for
driveways that extend over 150 feet in length.
(6) Private driveways shall be indicated on the final map as
"Private Driveway and Fire lane" with the widths clearly
depicted and shall be maintained in accordance with the Fire
Code.. All required fire hydrants shall be installed, tested, and
accepted before construction.
(7) Vehicular access must be provided and maintained
serviceable throughout construction to all required fire
hydrants. All required fire hydrants shall be installed, tested,
and accepted before construction.
(8) Applicant shall provide Fire Department or City approved street
signs and building access numbers before occupancy.
.:3
(9) Provide water mains, fire hydrants, and fire flows as required
by the County of Los Angeles Fire Department for all land
shown on map which shall be recorded.
(10) Prior to recordation, the final map shall comply with all Fire
Department requirements.
(11) Prior to recordation, the final map shall comply with all Fire
Department requirements.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to: Target Corporation, 1000 Nicollett Mall,
Suite TPN -12F, Minneapolis, MN 55403
APPROVED AND ADOPTED THIS 16Th DAY OF MAY 2006, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Carol Herrera, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of the
City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of May
2006, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members.
ABSTAIN: Council Members:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
N
DI iiOND BAR
�Illi,.e
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
(DEVELOPMENT)
PROJECT #: TPM 2006-01
SUBJECT: Tentative Parcel Map No. 061702
APPLICANT: Pfeiler & Associates Engineers. Inc. _
LOCATION: Southeast corner of Grand Avenue and
Golden Springs Drive
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474,9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Tentative Parcel Map No. 061702 brought
within the time period provided by Government Code Section 66499.37, In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
10
The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
2. Signed copies of the City Council Resolution of Approval, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
3. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city within five days of this approval.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all applicable regulations and laws.
5. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
6. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency prior to issuance of any permits (such as
grading, tree removal, encroachment, building, etc.,) or prior to final map
approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to City
Planning, Building and Safety Division, Public Works/Engineering
Department and Mitigation Monitoring) at the established rates, prior to final
map approval, issuance of building orgrading permit (whichever comes first),
as required by the City. School fees shall be paid prior to the issuance of
building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to the map's recordation or
issuance of building permit, whichever come first.
2. Prior to any public hearing or final map approval, all deposit accounts for the
processing of this project shall have no deficits.
11
C. TIME LIMITS
This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed within 15 days of approval of
Tentative Parcel Map No. 061702, at the City of Diamond Bar Community
Development Department/Planning Division an Affidavit of Acceptance
stating that they are aware of and agree to accept all the conditions of this
approval.
2. Pursuant to Subdivision Map Act Section 66463.5, Tentative Parcel Map
No. 061702 is valid for three years. An extension of time may be requested
in writing and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with Tentative Parcel
Map No. 061702 including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City Attorney.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans approved by the City Council.
2. The Mitigation Monitoring Program outlined in the Addendum and Final
Environmental Impact Reports SCH No. 91121027 and No. 96111047 and
approved by the City shall be implemented and complied with rigorously.
The mitigation monitoring fees shall be deposited with the City, 90 days prior
to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior
to the approval of the final map.
3. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
4 House numbering plans shall be submitted to and approved by the City prior
to issuance of building permits.
5. All building numbers and individual units shall be identified in a clear and
concise manner, including proper illumination. House numbering plans shall
be submitted to and approved by the City Engineer prior to issuance of
building permits.
12
E. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
granted herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond Bar to provide such
services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
3. Trash receptacles are required and shall meet City standards. The final
design, locations, and the number of trash receptacles shall be subject to
Planning Division review and approval prior to the issuance of building
permits.
4. If no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
5 Central trash enclosures shall be equipped with recycling receptacles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
A. GENERAL
1. A title report/guarantee showing all fee owners, interest holders, and nature
of interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to final map approval.
2. Any existing easement for open space, utilities, riding and hiking trials shall
be relocated and/or grading performed, as necessary, to provide, for the
portion within the project site, practical access for the intended use.
3. Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed
project and shall be submitted to the City. Such letters shall be issued by the
13
district, utility and cable television company, within ninety (90) days prior to
final map approval.
4. Prior to final map approval, applicant shall submit to the City Engineer the
detail cost estimates for bonding purposes of all public improvements.
5. Priorto final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
6. Prior to final map approval all site grading, landscaping, irrigation, street,
sewer and storm drain improvement plans shall be approved by the City
Engineer, surety shall be posted, and an agreement executed guaranteeing
completion of all public and private improvements.
7. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements are
modified to those shown on the tentative parcel map upon approval by the
Advisory agency.
8. All identified geologic hazards within the tentative parcel map boundaries
which cannot be eliminated as approved by the City Engineer shall be
indicated on the final map as "Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas
shown on the final map.
9. Easements for disposal of drainage water onto or over adjacent parcels shall
be delineated and shown on the final map, as approved by the City Engineer.
10. Applicant shall label and delineate on the final map any private drives or fire
lanes to the satisfaction of the City Engineer.
11. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
12.. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall
not be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
14
13. Prior to occupancy, the applicant shall provide to the City as built mylars,
stamped by appropriate individuals certifying the plan for all improvements at
no cost to the City.
14. All improvements for the subject tract shall be coordinated with any existing
or proposed maps including Tract No. 62482.
15. Applicant shall contribute funds to a separate engineering trust deposit
against which charges can be made by the City or its representatives for
services rendered.. Charges shall be on an hourly basis and shall include
any City administrative costs.
16. Applicant shall provide digitized information in a format defined by the City
for all related plans, at no cost to the City.
17. All activities/improvements proposed for this Parcef Map No. 61702 shall be
wholly contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
B. GRADING
Precise grading plans for each lot shall be submitted to the Community
Development Department/Planning Division for approval priorto issuance of
building permits.
2. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
3. Rough Grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundations of structures. Retaining
wall permit may be issued without a rough grade certificate.
4. Final Grade certifications by project soils engineer and civil engineers shall
be submitted to the Public Works/Engineering Department prior to the
issuance of any project final inspections/certificate of occupancy.
C. DRAINAGE
All terrace drains and drainage channels shall be constructed in muted earth
tones so as not to impart adverse visual impacts. Terrace drains shall follow
landform slope configuration and shall not be placed in an exposed
15
positions. All down drains shall be hidden in swales diagonally or curvilinear
across a slope face.
2. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits,
for construction upon any parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative to which a building permit is
requested.
3. A comprehensive maintenance plan/program shall be submitted concurrently
with the storm drain plans to the Public Works/Engineering Department for
review and approval by the City Engineer.
E. UTILITIES
Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
detailed site plan for dedication to the City.
2. Prior to final map approval, a water system with appurtenant facilities to
serve all lots/parcels in the land division designed to the Walnut Valley Water
District (WVWD) specifications shall be provided and approved by the City
Engineer. The system shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The water mains
shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department.
3. Prior to final map approval or issuance of building permit whichever comes
first, written certification that all utility services and any other service related
to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and
cable television company, if applicable, within ninety (90) days prior issuance
of grading permits.
4. Prior to recordation of final map, applicant shall provide separate
underground utility services to each parcel per Section 21.30 of Title 21 of
the City Code, including water, gas, electric power, telephone and cable TV,
in accordance with the respective utility company standards. Easements
required by the utility companies shall be approved by the City Engineer.
5. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
6. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
16
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. Applicant shall comply with Title 24 Accessibility requirements and show
compliance for path of travel from public way to each pad.
4. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
17
PLANNING COMMISSION
AGENDA REPORT
21825 COPLLY DR[VE - DIAMOND BAR, CA 91765 -TEL. (909) B39-7030- FAX (909) 861-3117- www. Cityo(aiamondBarxom
AGENDA ITEM NUMBER:
MEETING DATE:
REPORT DATE:
CASEIFILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNERS:
7.1
April 11, 2006 continued from March 28,
2006
April 3, 2006
Tentative Parcel Map No. 061702
West side of Grand Avenue and south
side of Diamond Bar Boulevard
Approval of Tentative
061702 to subdivide a
into three parcels,
Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
Parcel Map No.
13.69 -acre site
APPLICANT: Pfeiler & Associates Engineers, Inc.
660 N. Diamond Bar Blvd.
Diamond Bar, CA 91765
STAFF RECOMENDATION: Recommend approval of the Tentative
Parcel Map to the City Council.
A. BACKGROUND:
In June 2004, the City Council approved a General Plan Amendment, Zone Change,
Development Agreement, and Specific Plan with the purpose of guiding and facilitating
a 70 -acre mixed-use development located at the southwest corner of Grand Avenue
and Golden Springs Drive.
The Diamond Bar Village Specific Plan includes a maximum of 170,000 square feet of
commercial development, a maximum of 200 residential units, and a master plan of
50,000 square feet of institutional use for the Calvary Chapel and 25.5 acres of open
space.
On April 26, 2006, the Planning Commission approved Conditional Use Permit
No. 2005-03 and Development Review No. 2005-16 for the development of the 13.69 -
acre Target site, a sub area of the Specific Plan designated for commercial uses.
Approval of the project was conditioned on the submittal of a parcel map and separate
development review applications for the smaller restaurant pads. The applicant was
allowed to submit the Tentative Parcel Map application after approval of the Conditional
Use Permit and Development Review to allow work on the Target project to begin
earlier.
The Tentative Parcel Map involves a request to subdivide Lot 1 of Parcel Map 14819,
which encompasses the northern portion of Sub -Planning Area 1. The purpose of the
request to subdivide the property is to allow Target to sell proposed Lot nos. 2 and 3 to
facilitate future restaurant development on those parcels.
The Planning Commission public hearing on the parcel map was continued from March
28, 2006 to April 11, 2006 at the applicant's request.
ANALYSIS:
A. Site and Pro'ect Description., The Tentative Parcel Map proposes to subdivide
Parcel 1 of Parcel Map 14819 into three smaller parcels. Parcel 1 will be an
11.98 -acre site for the 130,660 -square -foot Target store currently under
construction. Parcel 3, a .69 -acre site, will be located on southwest corner of the
larger site and is designated for a 5,000 -square -foot retail pad. Parcel 2, a 1.02 -
acre site located on the northeast corner of the larger site, will be for the 6000 -
square -foot retaillrestaurant pad. Both Parcel 2 and Parcel 3 will have frontage
on Golden Springs Drive and will be accessed from the common on-site driveway
that circles the original Lot 1 on the southwest and southeast sides providing
ingress and egress points on Grand Avenue and Golden Springs Drive. A second
driveway will be located on Grand Avenue adjacent to the easterly property line
of Parcel 2.
B. Site Uses: In the Diamond Bar Village Specific Plan, the entire project site is
designated as "Commercial-Retail/Institutional" which permits the same variety of
permitted and conditionally permitted retail and service uses as those permitted
in the C-3 zone. The Specific Pian development standards permit up to 170,000
square feet of commercial -retail and 50,000 square feet of institutional
development in Sub -Planning Area 1. The proposed subdivision is consistent
with the Specific Plan uses and permitted building square footage.
C. Parking and Access: On April 26, 2005, the Planning Commission approved
Development Review No. 2005-16 and Conditional Use Permit No. 2005-03 for
the Target project, which included development of the project site with the Target
store and the two retail/restaurant pads. The project was found to be consistent
with the parking requirements in the Development Code for retail and restaurant
uses and Target is currently constructing all of the parking lot improvements for
the original 13.69 -acre site.
The following table provides a breakdown of the required and proposed parking
for the entire site and for the individual parcels. Parking for a potential 6000 -
square -foot restaurant on Parcel 2 and a 5,000 -square -foot restaurant on Parcel
3 was calculated at the rate of one space per 100 square feet of floor area.
Original site
Proposed subdivision
Required parking
Parking provided
Required parking
Parking provided
Parking spaces
561 spaces
Parcel 1: 436
Parcel 1: 481
required: 507
Parcel 2: 60
Parcel 2: 60
spaces
Parcel 3: 50
Parcel 3: 20
Target - 11300
square feet
Total: 546
Total: 561
Restaurant -
1/100 square feet
Rotail — 11250
square feet
As proposed, the Parcel 3 is the only lot that would not have enough parking as a
standalone site for a restaurant use. However, the number of parking spaces
provided will exceed the minimum required for the center as a whole. Approval of
the Tentative Parcel Map is conditioned on provision of reciprocal parking and
access agreements between the three newly created lots. As part of the
Tentative Parcel Map approval, the applicant will be required to form an
association to support the CC&Rs that would cover maintenance of the parking
lot landscaping and other common improvements.
C. Landscaping: On April 26, 2005, the Planning Commission approved
nevelnnmPnt Review No. 2005-16 and Conditional Use Permit No. 2005-03 for
the Target project, which included development of the project site with the Target
store and the two retail/restaurant pads. The project was found to be consistent
with the requirement in the Development Code for 12% of the site to be
landscaped. Development of the two pads must be consistent with the site plan
approved for Target. In addition, the resolution contains a condition of approval
that requires development of the pads on Lot nos. 2 and 3 be landscaped in a
style consistent with the existing landscaping.
E. Environmental Review: On June 29, 2004, the City Council approved an
Addendum to the previously certified Final Environmental Impact Reports (EIRs)
for the related General Plan, Zone Change, Development Agreement, and
Diamond Bar Village Specific Plan for the site. The Specific Plan document
includes a conceptual site plan that shows the subject site with a major tenant at
the western portion and secondary tenants on small pads on the northwest and
southwest corners of the original Parcel 1. The proposed Tentative Parcel Map is
consistent with the conceptual site plan layout.
Traffic Traffic impacts from the proposed Target project and the future
restaurant use on the pads were also assessed in the approved Addendum to
the previously approved Final EIRs and mitigation measures proposed. Per the
Development Agreement, the project must comply with the Mitigation Monitoring
Program approved under the Final EIR and the developer must pay their fair
share of impact fees and address the traffic mitigation.
No new environmental issues have been identified and none of the elements set
forth in Public Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exist. Therefore, no further
environmental review is required.
F. Public Art In the original draft resolution, staff proposed that the approval of
the Tentative Parcel Map be conditioned on the developer providing an outdoor
art piece at the corner of Golden Springs Drive and Grand Avenue. The applicant
requested that the project be continued from the original March 28, 2006
Planning Commission meeting to discuss the condition because the applicant
was concerned about the additional cost of providing an art piece. In response to
the applicant's request, staff removed the condition.
NOTICE OF PUBLIC HEARING:
On March 17, 2006, notice of public hearing for this project was published in the Inland
Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition public hearing
notices were mailed to approximately 576 property owners within a 700 -foot radius of
the project site. Further, the project site was posted with a display board and the public
hearing was posted in three public places.
RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing to review the
project and upon conclusion of the public hearing, forward a recommendation of
approval to the City Council through the adoption of the attached resolution.
Prepared by:
Sandra Campbell
Senior Contract Planner
Attachments:
Reviewed by:
Nancy Fong, AICP
Interim Community Development Director
1. Draft Amended Resolution Recommending Approving Tentative Parcel Map No.
061702 to City Council
2. Exhibit "A" — Tentative Parcel Map No. 067102
3. Exhibit `B" — Approved Site Plan
&DRAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 11, 2006
CALL TO ORDER:
Chairman McManus 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 Torng led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Ron Everett, Kwang Ho Lee, Tony
Torng, Vice -Chairman Steve Nelson and Chairman .Joe McManus.
Also present: Nancy Fong, Interim Community Development Director;
David Doyle, Assistant City Manager; Ann Lungu, Associate Planner; Gregg
Kovacevich, Assistant City Attorney; Stella Marquez, Senior Administrative Assistant
Lt. Maxey and Sgt. Sachs, Diamond Bar/Walnut Sheriff Department.
2. MATTERS FROM THE AUDIENCEIPUSLIC COMMENTS: None Offered.
3
4.
APPROVAL OF AGENDA:
CONSENT CALENDAR:
As Presented.
4.1 Minutes of the Regular Meeting of March 28, 2006.
C/Everett moved, C/Torng seconded, to approve the minutes of March 28,
2006, as corrected. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS
6. NEW BUSINESS:
COMMISSIONERS
COMMISSIONERS:
COMMISSIONERS:
None.
Everett, Torng, Lee, VC/Nelson,
Chair/McManus
None
None
6.1 GOVERNMENT CODE SECTION 65402 — Resolution of the Planning
Commission finding that the sale of surplus property is in conformance with
the General Plan (GC §65402).
APRIL 11, 2006
RDRAFT
PAGE 2 PLANNING COMMISSION
ICDD/Fong presented staffs report and asked that the Planning Commission
find that the sale of surplus property was in conformance with the City's
General Plan.
VC/Nelson asked if the property was original set-aside in association with the
development of the tract and ICDDIFong explained that the City purchased
the land at auction when the private property owner defaulted. It was not part
of the park or open space development requirement. VC/Nelson asked the
appraised value of the property and what percentage of the budget went
toward the purchase. 1CDD/Fong responded that the appraised value was
confidential information.
ICDDIFong responded to C/Everett that the property is contiguous to but not
part of Summitridge Park. The property is zoned Residential. C/Everett said
he was concerned that a continuous stream of revenue would seem to him to
be preferable. He asked if a change in use would require a zoning change
because he thought the City was in a critical situation for lack of open space.
ICDDIFong responded that the 1.27 acres was too small to be included in
open space and the City could use the funds to purchase other open space
areas to create more parkland.
C/Torng asked if this piece of land was being considered for a community
swimming pool and ICDD/Fong responded "no." C/Torng agreed that the City
needed the money,.
VC/Nelson moved, C/Everett seconded to adopt a resolution finding that the
sale of surplus property was in conformance with the City's General Plan.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
7. CONTINUED PUBLIC HEARINGS:
VC/Nelson, Everett, Lee, Torng,
Chair/McManus
None
None
7.1 TENTATIVE PARCEL MAP NO. 061702 -- In accordance with Chapter 21 of
the City of Diamond Bar Development Code, the applicant requested the
following approval: Tentative Parcel Map No. 061702 to subdivide one lot
APRIL 11, 2006
h& DRAFT
PAGE 3 PLANNING COMMISSION
into three parcels. The project is consistent with and an implementation of
the Diamond Bar Village Specific Plan. (Continued from March 28, 2006)
PROJECT ADDRESS:
PROPERTY OWNER:
West of Grand Avenue and
South of Golden Springs Drive
Diamond Bar, CA 91765
Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
APPLICANT: Pfeifer & Associates Engineers, Inc.
660 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
ICDDIFong presented staff's report and recommended that the Planning
Commission adopt a resolution recommending City Council approval of
Tentative Parcel Map No. 061702 to subdivide one lot into three parcels.
C/Torng thanked staff for providing additional information in its report. He
asked that April 26, 2006, be corrected to April 26, 2005 on page 2, third
paragraph of the report. He felt it was mysterious that the previous decision
included only 20 parking spaces for Parcel 3 and believed it would create
problems for the future because Target would have a lot of business.
ICDDIFong responded that depending on the future use additional parking
spaces may be required and staff would work with Target toward a solution.
Parcel 3 has a reciprocal agreement for parking and that parcel may use
some of the Target parking spaces.
In response to C/Everett, ICDDIFong said that with respect to Item (10) on
page 6, an association would be formed prior to a final map approval.
C/Everett felt the association should be set up sooner rather than later.
ICDDIFong explained that typically, the CC&Rs provide criteria forforming an
Association. The City Attorney approves the CC&Rs prior to City Council
approval and recordation with the County. C/Everett asked if "when" should
be included and ICDDIFong said that the Commission could add "priorto the
final map" on Item (10). C/Everett said that following language should also be
added: "shall be recorded with the final map." C/Everett pointed out that the
items on page 6 after Item (5) needed to be renumbered.
8 DRAFT
APRIL 11, 2006 PAGE 4 PLANNING COMMISSION
VC/Nelson speculated that due to the parking configuration Target wanted to
maintain a window onto Golden Springs Drive and if so, could that be
accomplished by way of an easement that would provide for parking only.
He asked if there was any scenario or circumstance that might come before
the City for approval under which a particular use could come in to parcel 3
and; for whatever reason Target and the new owner of Parcel 3 disagreed
about the reciprocal parking agreement, the parking would be separated with
each parcel standing on its own. ICDD/Fong responded that because the
reciprocal agreement was a condition of the tentative map it runs with the
land and the property owner would have to get approval from the City in
order to change the reciprocal parking condition.
C/Lee asked if the installation of public art was mandatory, voluntary or
discretionary. ICDDIFong responded that because this was a tentative map it
could be discretionary. The City has an ordinance that recommends placing
art in public places. If the project were conditioned for art it would be
mandatory. C/Lee asked by what standard the condition was removed.
ICDD/Fong stated that the item was continued and no action was taken;
thus, a condition was not imposed. And, the applicant asked that the
proposed condition be removed due to cost and staff complied. The Planning
Commission has the authority to impose such a condition. C/Lee asked if the
applicant said how much it would cost and ICDD/Fong said that the Target
project was already over budget.
Doug Cooper, Greenberg Farrow Architects, 15101 Red Hill Avenue, Tustin,
consultant for Target, explained that the reason Target requested the
condition for art be removed was because the project is approaching $1
million over budget. In addition, Target annually contributes about 5 percent
of its corporate federal taxable income to community involvement programs
that include education, arts, social services and community partnerships.
Mr. Cooper responded to Chair/McManus that the project was over budget
due to additional off-site requirements and increases in construction costs.
Chair/McManus said he understood the additional costs reached into the six -
figure bracket. Mr. Cooper agreed.
C/Torng said this would be a major development for Diamond Bar and felt it
would be even more attractive for the business to have an art piece at a
major intersection of the City. He asked Mr. Cooper if there was a possibility
that in the future art could be added. Mr. Cooper responded that it might be
possible through the community involvement program but as a construction
cost the budget would not allow it.
APRIL 11, 2006
D DRAFT
PAGE 5 PLANNING COMMISSION
ICDD/Fong responded to C/Torng that in the future the Development Code
could be modified to clarify the timing for a development to provide an art
piece and even further specify the size and type of development that would
include art.
Chair/McManus recommended that through the sale Mr. Cooper could
possibly include placement of an art object. Mr. Cooper responded that such
a requirement might create an adverse response from a potential buyer.
ICDD/T=ong explained that the Planning Commission would have another
opportunity to ask a corner restaurant applicant whether they would like to
include a fountain at the corner as a special architectural treatment, for
example.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus
closed the public hearing.
C/Everett said he was disappointed about art not being included. However,
he respected the applicant's position. Finding no errors or problems based
upon the process to date he offered the following motion:
ClEverett moved, C/Torng seconded to approve Tract Parcel Map
No. 061702 to subdivide 13.69 acres into three parcels as outlined in the
recommended resolution as amended. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Everett, Torng, Lee, VC/Nelson,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 CONDITIONAL USE PERMIT NO. 2003-01 — Originally approved on
May 27, 2003, to allow for the operation of a restaurant and bar with
entertainment (i.e., entertainment shall only include ajazz band, guitarist and
pianist on a small stage within the bar; and a DJ with dancing for banquets
and private parties held within the banquet room) at the location referenced
below. Condition No. 5(o) of the Conditional Use Permit requires that the City
periodically review the operation to assure compliance with conditions of
APRIL 11, 2006
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PAGE 6 PLANNING COMMISSION
approval and to consider whether to modify, add conditions as necessary, or
revoke the permit. (Continued from March 14, 2006)
PROJECT UNDER REVIEW:
PROPERTY OWNER:
APPLICANT:
Scribbles Grille & Restaurant
245 Gentle Springs Lane
Diamond Bar, CA 91765
P.N. Patel, Ratan Hospitality, LLC
1205 W. Sierra Madre Avenue
Glendora, CA 91765
Raj Astavakra
6226 N. Calera Avenue
Azusa, CA 91702
ACA/Kovacevich said he was present this evening to represent the Planning
Commission and has had no contact with staff regarding this item. Tonight
the Planning Commission resumes a public hearing that was opened on
March 14, 2006, and continued to tonight's meeting. Upon conclusion of
staffs report each Commissioner should present his disclosures to disclose
into the record whether the Commissioner has gathered any evidence
outside of the packet and public hearing information. Following the
disclosures the meeting will move to the public testimony portion of the
hearing. Generally, the applicant is given about 15 minutes to testify and
should be notified about the ground rules prior to giving testimony including
rebuttal. Other interested members who wish to speak are given up to five
minutes each. ACA/Kovacevich recommended strict adherence to the time
limits. Questions from Commissioners should be offered following the
speaker's testimony so as not to interrupt their allotted time. At the end of the
public testimony the Chairman will close the public testimony portion of the
public hearing to begin deliberation. At any point during deliberations the
Commission may direct questions to staff, the applicant and any member
who previously offered testimony. Tonight's issue for the Commission is
whether it feels there is substantial evidence in the record to support findings
necessary for revocation or modification of the Conditional Use Permit
pursuant to Chapter 22.76. ACA/Kovacevich referred the Commissioners to
page 6 of staffs report wherein staff sets forth evidence in support of its
recommendation.
ICDD/Fong presented staffs report and indicated that two issues were
before the Commission: 1) To determine whether the business was operating
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APRIL 11, 2006 PAGE 7 PLANNING COMMISSION
in accordance with the Conditional Use Permit that was approved in
May 2003; and 2) was the business a public nuisance and is it a threat to the
public health, safety and welfare. TCDD/Fong recommended that the
Planning Commission reopen the public hearing, receive testimony and
direct staff accordingly.
Lt. Maxey stated that response information was included in the
Commissioners' packets and that he and Sgt. Sachs and otherofficers have
responded to Scribbles on numerous occasions, usually in the aftermath of
problems that have occurred on the site to determine whether the issues
could be prevented from reoccurring. What he has seen and what he has
discovered is that there is a huge volume of people and when an event is
over they congregate in adjacent parking lots such as Kmart and whatever
problems occur usually occur at that location. The local Sheriff's Department
has a limited amount of resources and the deployment is heavy and focused
during incidents that have occurred at Scribbles and crime in the City is
focused at the Scribbles parking lot. As a result, the rest of the community
remains at will during the time the department is focused at Scribbles and
this scenario creates a public safety issue for the entire community.
Sgt. Elizabeth Sachs said she works the 90:00 p.m. to 6:00 a.m, shift.
Generally, the four available units are dispatched to Scribbles until about
2:00 a.m. because the department knows that if a problem were to occur it
would likely happen between 1:00 a.m. and 2:00 a.m. in the Kmart (overflow)
parking lot. She said that her department believes there is going to be a
bigger problem than has occurred to date because there is"a lot of drinking
including under -aged drinking and individuals who drink before entering the
business. Individuals congregate in the Kmart parking lot and there is a sea
of beer, whiskey and other hard liquor bottles left in the parking lot by the
time the parking lot empties out at about 2:00 a.m. She said she has
personally responded to incidents where during fights bottles were thrown
creating a safety hazard for the patrons, the deputies, and the adjacent
family -type businesses. At times there are about 600 people that patronize
the very successful club to enjoy the music and atmosphere. The problem is
that patrons leave at the same time and the department's goal is to have
everyone leave the site without a problem. Unfortunately, there are usually
problems and she believes there would be even more problems without the
presence of the officers. Her 17 years of experience with the department
leads her to believe that with the mix of alcohol, young patrons, etc., there
would be even bigger problems than what the City had experienced so far.
Some of the injuries she witnessed were broken eye sockets, split lips,
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APRIL 11, 2006 PAGE 8 PLANNING COMMISSION
people hit with bottles, windows broken, etc. One man was brandishing a
baseball bat to fend off other patrons. The security inside the facility is good.
However, once the patrons exit the club they are out and about in the City
and it is up to the four units and the supervisor to rein everyone in. She has
witnessed street racing, bad collisions, etc. She reiterated that many of the
patrons were becoming intoxicated outside of the club in the overflow parking
area. Most of the problems occur on Thursday evenings. And she again
reiterated that in her opinion, it was a "time bomb" and needed to be
addressed.
Chair/McManus asked Sgt. Sachs if when the officers were called to the
scene they contacted Scribbles to make them aware of the incident and of
their presence and Sgt. Sachs responded yes, most of the time. She again
stated that most of the time Scribbles was very cooperative and that most of
the calls come from outside of the club and from the overflow parking across
the street from the club's parking area (Kmart parking lot).
ICDDIFong responded to Chair/McManus that the maximum occupancy of
the building is 580. She believed that at times there were possibly 100 to 200
people outside of the building after Scribbles had closed its doors because it
has reached maximum capacity. And the overflow patrons have caused
additional public safety issues.
C/Lee asked if the City had taken any action against the businesses
inappropriate actions and ICDDIFong said that tonight's hearing was the first
step.
ICDDIFong responded to C/Everett that a copy of staff's report was provided
to the business owner and to the property owner.
Lt. Maxey responded to ClEverett that an individual who is victimized has a
right to decide whether to file charges, which dictates what the department
does in response. If a traffic accident occurs the suspect has no say in the
matter because the department enforces those laws. Sgt. Sachs said she
had witnessed substantial injuries and the victim did not want a police report
filed. In such cases the department cannot force individuals to become
documented victims,.
C/Torng felt that due to the number of problems the City should have started
its review earlier. ACA/Kovacevich explained that whatever decision the
Commission made this evening would be appealable to the City Council.
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APRIL 11, 2006 PAGE 9 PLANNING COMMISSION
ICDD/Fong stated that the applicant could reapply for a Conditional Use
Permit and it would be subject to the Commission's review. She responded
to C/Torng's statement about responding earlier that staff received
complaints and sent a letter to the applicant in late 2004/early 2005
reminding him that the Conditional Use Permit allowed limited entertainment
only.
C/Torng said he drove the area on a Sunday to become familiarwith the site.
Since Scribbles was not open he saw no crowds.
C/Everett said he too did a drive through during the day to confirm staff's
map and layout.
There were no other Commissioner disclosures offered.
ACM/Doyle wanted the Commissioners to understand that during certain
hours on Thursday nights every law enforcement resource that the City had
was dedicated to this single operation which meant that there were no law
enforcement patrols or other types of criminal deterrence taking place in
other parts of the community. Bottom line is that this is a significant drain on
the City's public safety resources and creates an issue for the health, safety
and welfare for the balance of the community. The Sheriff's Department
responds to specific issues but is unable to patrol as usual when they are
dedicating their resources to this problem. Therefore, it is not a matter of
responding to a series of incidents it is a matter of dedicating every public
safety resource available to Diamond Bar as well as drawing from other
adjacent communities to address this situation almost every Thursday night.
Chair/McManus announced that the applicant would be given 15 minutes to
speak and that public speakers would be limited to five minutes each.
Frank Weiser, Attorney, 3460 Wilshire Boulevard, Suite 903, Los Angeles
raised the following objections and asked that the hearing be continued
because he was hired last night and because the partners and property
owner received their copies of the staff report on Saturday. He said he
understood the hearing was continued from March 14. However, the owner
was out of the country. Due process requires that the applicant be given
meaningful opportunity and notice to be heard. He cited cases involving due
process. In addition, the applicant is entitled to copies of the underlying
reports referred to during tonight's meeting and in staffs report so that he
can adequately prepare his defense. Mr. Weiser said he was concerned that
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APRIL 11, 2006 PAGE 10 PLANNING COMMISSION
given the evidence presented so far this evening that there was no formal
notice given to the applicant. He heard Sgt. Sachs say that Scribbles had
been cooperative when notified about some of the alleged problems.
However, his client tells him that he was never given formal notice of any of
the charges and never told in writing that there was a problem that would
cause his Conditional Use Permit to be modified or revoked. State law
(Health and Safety) requires that the applicant be given notice and an
opportunity to correct the problem before he is put out of business. He
submitted evidence that the applicant had invested more than $900,000 in
the property and in accordance with state law (Goat Hill Tavern vs. City of
Costa Mesa) a Conditional Use Permit and the amount of investment is a
fundamental property interest. He asked if the City was proposing mitigation
measures. He asked for fundamental fairness.
Raj Astavakra, applicant said that he had not received one citation for
exceeding the maximum occupancy. In 2004 there were no incidents. In
2005 there were incidents cited and no citations issued. He said he was very
surprised at the allegations. People who live in the condominium complex
complain that the gate was lifted by one of his patrons and how do they know
it was one of his patrons. They also complain about ladies changing clothes
in front of the complex and he was never told about such incidents. The
problem of someone speeding down Diamond Bar Boulevard and elsewhere
in the City does not necessarily come from Scribbles patrons. There are
fights at Acapulco and inside Oak Tree Lanes and there was even a murder
at that location and nothing happened. He felt like a victim when he was
given a letter on Friday that contained complaints from the Sheriffs
Department. The Sheriffs Department has not given him a letter or any type
of document that says he violated his Conditional Use Permit. He asked the
Commission to give him a chance to respond to the City's complaints and
said he would respond honestly and to the best of his ability.
CILee said he was concerned that the Conditional Use Permit was based on
certain conditions and the conditions were promises between the applicant
and the City. If the applicant does not comply there is no foundation for the
Conditional Use Permit. Staff reports so many findings such as Item d, "that
the permit was obtained by misrepresentation orfraud;" and c— "one or more
of the conditions of the permit have not been met or have been violated." Is it
true or false? Mr. Astavakra responded "it is false, sir." He said he does not
run just a club. He has a sit down restaurant with a band playing in
accordance with his Conditional Use Permit. If someone rents his place and
hires a DJ they can have any kind of music they wish. CILee asked
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APRIL 11, 2006 PAGE 11 PLANNING COMMISSION
Mr. Astavakra if he has complied with the conditions of his permit and
Mr. Astavakra responded "yes" and said that he could charge whatever
admission he felt was appropriate. CILee asked staff if that was true and
ICDDIFong responded "no, according to the Conditional Use Permit."
According to the Conditional Use Permit the applicant can have a jazz band,
a guitarist or a pianist on a small stage within the bar and a DJ with dancing
only for private parties and only within a banquet room.
CILee said that perhaps the applicant's interpretation of the Conditional Use
Permit was incorrect and perhaps the City Attorney would clarify why the
applicant said he had a right to charge an admission fee. ICDDIFong said
that a nightclub that had a promotion of a known performerwould charge an
admission fee and for private parties such as weddings there would not be
an admission fee. She cited the applicant's statements from previous
Planning Commission minutes wherein he testified as follows: "Scribbles
would provide upscale dining with a band playing. The last call is at 12:00
midnight. We kept it at 1:00 a.m, so that patrons could finish their drinks and
have a cooling off period before leaving the restaurant. There will be no DJ
music or any dancing except for private events if they want to dance, like
graduation parties or things like that." ICDDIFong went on to say that staffs
report indicates that the applicant misrepresented the use to the Planning
Commission and the Commission approved the Conditional Use Permit
based on what the applicant promised.
Mr. Astavakra said that his Conditional Use Permit does not say he cannot
charge at the door. He has provided security in accordance with his
Conditional Use Permit. He asked Lt. Maxey if he could pay to have the
Sheriffs Department on duty for four hours at a cost to him of $500. Seven
times there has been no response from the Sheriffs Department. In fact,
there was a huge command post outside of Scribbles because the Sheriffs
Department believed there would be 2,000 to 3,000 people. The City
authorized more than 16 deputies at a cost of $3500 to $4,000 and nothing
happened. The fire department came twice on that same night. Scribbles'
was not overcrowded and was not over capacity. In fact, it was under the
maximum at 562 people including the Scribbles staff members. Scribbles
contributed $200,000 in sales tax revenue and property tax revenue overthe
past two years. Thirty-seven individuals work at Scribbles.
VC/Nelson asked if Mr. Astavakra was typically present on the premises on
Thursday evenings and Mr. Astavakra responded "every night, sir." He said
he was there until 4:00 a.m. and in fact, when the Sheriffs Department
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APRIL 11, 2006 PAGE 12 PLANNING COMMISSION
comes to his establishment he is there and he talks with them. VC/Nelson
asked if Mr. Astavakra had been outside between the hours of 1:00 a.m. and
2:00 a.m. and gone into the Kmart parking lot and Mr. Astavakra said he
goes into his parking lot and to the Kmart parking lot. VC/Nelson asked if Mr.
Astavakra had witnessed the problems and whether he felt the behavior was
acceptable. Mr. Astavakra said that four times there have been problems in
the Kmart parking lot. Exactly four times Scribbles called the Sheriff's
Department to intervene. VC/Nelson asked if Mr. Astavakra had not
witnessed some of the activity that others commented on and Mr. Astavakra
said that under aged drinking takes place in the Kmart parking lot. Scribbles
does not allow under aged drinking and if people want to hang around
outside and drink it is their problem and Scribbles cannot do anything about
it. People drink at Carl's Jr., and he cannot stop them. It is the Sheriff's job to
stop them. It happens at Taco Bell across the street too.
C/Everett asked if Mr. Astavakra had a copy of staff report and Mr. Astavakra
responded that he received it on Friday evening.
C/Torng asked Mr. Astavakra when he started with KITS -FM and
Mr. Astavakra' said that the flyer was only one flyer for only one event.
C/Torng asked why the Sheriffs Department says that every Thursday
Scribbles has a special event. Mr. Astavakra said that people do rent the
place and he was not saying that they did not. C/Torng said that there were
fewer incidents in 2004 and more incidents in 2005 and that was why he was
wondering if the special events on Thursday started in 2005. The Conditional
Use Permit says no DJ. Mr. Astavakra responded that Thursday night is one
night. People mostly rent the facility on Friday and Saturday nights. The
complaints are not all Thursday nights. And he wondered why the paper trail
started all of a sudden. The condominium complex started complaining about
the noise. If you look at the Sheriffs report there are only four complaints
during the past year. Nothing happened in 2004 and nothing happened in
2003. And people have complained about sound decibels of 85 to 120. He
said he found it hard to believe. This would be like a jumbo jet landing on an
air strip and at 2500 square feet away from his place with a Best Western in
between and no one from that location complaining. In fact, the owner of the
Best Western is his landlord and obviously his business would suffer the
most.
Chair/McManus took exception to Mr. Astavakra's statement that there were
only four complaints during the past year.
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APRIL 11, 2006 PAGE 13 PLANNING COMMISSION
Chair/McManus reopened the public hearing.
Vince Galloway, 300 Prospectors Road said that although the current
discussion is about Scribbles it is a continuation of the Platinum Club that
was previously in business on the site. He said he was at a Diamond Bar City
Council meeting three, four and five years ago where a lot of these same
concerns were voiced and a lot of promises were made about how the
problems would be fixed. The noise was so loud that residents with windows
facing the club had pictures rattling on theirwalls. Three homeowners moved
away because they could no longer tolerate the noise. Whereas noise is a
concern there are other issues. Fall Creek Community is a condominium
project consisting of 144 units and approximately 73 percent are Diamond
Bar residents that pay taxes and vote. During the history of the club there
was never a concern until the level of incidents with the new club escalated
and caused the residents concern about public safety within their community.
On February 12 the residents met with Sgt. St. Amant and Deputy Clark to
share their concerns about drug dealing, overt and public sexual activities
and vehicle break-ins. On one Friday night there were 12 to 15 vehicle break-
ins and every one was reported to Sheriff's Department. During the entire 25
years that he has lived in the complex there were not that many break-ins.
Although they cannot confirm that these incidents involve patrons of
Scribbles they are fairly certain because of the increase in the number of
incidents that occur primarily on Thursday evening. In fact, to avoid
additional confrontations the complex has equipped the back gate with a
timer that turns the gate off between 10:00 p.m. and 4:00 a.m. especially on
Thursday nights. Now there are reports of people climbing over the gate
because they have parked inside the complex and can exit on Prospectors
Road and avoid DUI detection. Before the timer was installed five or six
residents would take turns standing guard from 10:00 p.m. to midnight
believing that if there were a number of residents present the homeowners
would not be confronted and people would be less likely to inflict damage. He
said he would not be surprised if a future incident involved guns. The
homeowners no longer feel safe and the noise level keeps people awake.
The security remains in front of the club and does not venture down the
street to see that people are drinking, breaking bottles and disrobing.
Rob Eknil, Fall Creek Property, felt that by his own admissions the applicant
was in clear violation of Conditional Use Permit No. 2003-01. While there
have been numerous incidents at the complex the bottom line is whether or
not the applicant is in compliance with the Conditional Use Permit and the
fact that the City is sitting at risk when all of the deputies are at one location.
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APRIL 11, 2006 PAGE 14 PLANNING COMMISSION
He felt it was a stretch for the applicant to advertise on the radio and
signposts for private parties. Mr. Eknil felt there was little reason to continue
the hearing because the applicant publicly admitted he was in violation of the
Conditional Use Permit.
Eddie Martinez said he has witnessed several of the aforementioned
incidents. In fact, his wife was confronted by one of the patrons trying to get
into the gate by following her. When she did not let him in he became very
upset and threatened her. Mr. Martinez said he reported the incident to the
Sheriff's Department. Especially on Thursday nights there is a lot of action in
the area, a lot of drinking and people milling about. It is unsettling to the
residents to have people hanging about the area because it seems unsafe to
be outside and risk possible confrontation.
Michael Case, 328 S. Prospectors Road #52, said he serves on the Board of
his homeowners association and since Scribbles opened there has not been
one meeting during which this issue was not discussed. Residents complain
about the noise, traffic, car break-ins, people following residents through the
gate, harassment, etc. On several occasions he has seen people hop the
gate from the club to get to their cars parked in the condominium complex. It
is obvious that the individuals are drinking in the parking lots outside of the
club and there are flyers advertising the club strewn about the grounds and
the flyers show scantily clad females, which he felt did not meet the definition
of a "private party." On any Thursday, Friday or Saturday one can pass by
the club and see 20-30 people waiting outside to gain access and another
20-30 people standing outside on the patio smoking and listening to the
music, which is certainly not within the banquet room. The community is
concerned about safety. He and his wife live on the opposite side of the
complex and hear people fighting and driving recklessly in and out of the
Kmart parking lot at 1:00 a.m. Even at a distance from the club they can hear
the music at 10:00, 11:00, 12:00 and 1:00 a.m. The Board is concerned that
something major could happen and the residents are thankful that the City
has provided a forum for addressing their concerns.
Danoush Tehrani, 364 S. Prospectors Road #141 said the noise is terrible
and his car was vandalized. The repair cost was $8,000, $1100 of which he
paid from his own pocket. He was inside the nightclub once and he paid $10
to the applicant for entry. He saw three different groups on three different
stages. The noise is so bad that it keeps him awake on Thursday, Friday and
Saturday nights.
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APRIL 11, 2006 PAGE 15 PLANNING COMMISSION
Sharman Haynes concurred with her fellow residents and said she was most
concerned about the safety issue. She is single and has been threatened.
Clearly, the club is not in compliance with their Conditional Use Permit.
Amanda Pechy, 364 S. Prospectors #140 said she also concurred with her
fellow residents. She has two small children and she usually sends them to
grandma's house on Friday and Saturday night so that they can sleep. She
felt it was an infringement on her rights that she could not have her children
with her and that they were deprived of their sleep and she should not have
to take sleeping pills in order to get rest because the music is so loud and
her doors rattle.
Henry Lee, Prospectors Road said that he had witnessed Scribbles patrons
hiding in the cul-de-sac area, urinating by the gate and climbing the gate to
get to their cars. He wondered if the applicant allowed minors to frequent the
restaurant and why there was a cover charge.
Wen Hui Su, Prospectors Road, said she had the same problems as her
neighbors. She has stood outside her unit witnessing non-residents trying to
enter through her complex gates. The residents do not want the business to
fail but the elders are unable to sleep at night. She has called the Sheriff's
Department and asked that the nightclub turn down the music a little bit. The
noise level subsides for about 10 minutes and then increases again. And if
the applicant really wanted to correct the situation he would make sure the
noise level was lowered for the entire evening. The problems occur outside
of the business and even if they corrected the noise level there are still a lot
of people outside and out of control of the club. How would the applicant be
able to correct the problems that occur outside of the club and around her
complex?
Yumi Branstad, 394 Prospectors Road #107, said she had been in the
commercial lending business for about 30 years and believes the Scribbles
parcel would be difficult to convert to another use. In her opinion a
Conditional Use Permit is an evolving document and when the City approved
it the owner probably had a good intention of keeping it that way but when
the business does not come in he has to adjust the way he does business
and deviate from the original spirit of the Conditional Use Permit. When the
owner has someone sign a lease they probably do not foresee that they will
have all of the problems. The owner is responsible. Many people come from
other countries and learn that they have rights and must respect other
people's rights as well. Fall Creek is proud of its project and the fact that it
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has made good use of unused land adjacent to the freeway. While Fall
Creek is not extravagant it is a place that the tenants love and it is sad that
the residents have to make fortresses out of their homes. Last Friday she
was coming home from out of town and drove into her complex about
2:00 a.m. on Saturday morning just about the time the club was closing
down. She forgot that the gate was closed and when she tried to gain entry
she could not move because she was completely surrounded by people. She
was finally able to turn around, drive through the Kmart lot and gain access
to her complex through the front area. She said she was ashamed that she
had left it to her neighbors to defend the complex because she had no idea
what was happening next door. She said it is a very scary situation to her
and she believes that the property owners are responsible for keeping
harmony with the surrounding community 366 days a year 24 hours a day.
When the applicant originally applied for a Conditional Use Permit to operate
as a restaurant there was no need to complain because a restaurant would
not be intrusive.
Chair/McManus asked Lt. Maxey if there was any reason other than
Scribbles for people to congregate in the area on Thursday, Friday and
Saturday and Lt. Maxey said none that he was aware of.
ACA/Kovacevich responded to Chair/McManus that the Commission could
choose to grant a continuance. He said he did not agree with the due
process concern raised by the applicant's attorney. This is a quasi-judicial
administrative hearing - there are no formal rules of evidence and no
"charges." This is the hearing to decide on the revocation and this is the time
when everybody presents evidence including the applicant. The applicant
received the packet with the staff report and corresponding evidence at the
same time the Commission received the information. ICDD/Fong responded
to Chair/McManus that the City sent a letter to the applicant a year ago
reminding him that he needed to operate within the Conditional Use Permit
and not have entertainment that was outside of the approved Conditional
Use Permit because the City had received complaints. Chair/McManus
asked if a new tenant was obligated under the Conditional Use Permit in
effect at the time of the lease and ICDDIFong responded "yes."
Mr. Weiser said he disagreed with ACA/Kovacevich and believed that the
property owner, adjacent property owners, the Sheriff's Department and the
City of Diamond Bar could be involved in protracted litigation. He said he had
been through this over and over again with a lot of cities. The City of Los
Angeles has the resources to fight this out in the courts and there may be
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APRIL 11, 2006 PAGE 17 PLANNING COMMISSION
policy reasons. He said he has represented motels in the downtown area of
San Bernardino. He has nationally published cases and referred to Pate/ v.
Penman, City of San Bernardino Hotel/Motel Association v. City of San
Bemardino, Montez v. City of Bellflowerand other recent cases. He asked in
the beginning that the City find a middle path and said he had not heard
anybody talk about whether there would be a way of mediating the alleged
problems without having to put the applicant out of business along with the
37 people who work for him; any proposals of modifications of the
Conditional Use Permit; any ability to sit down with the applicant to see if he
has proposals and, instead of getting this City involved in the waste of a lot of
taxpayer money and protracted litigation because it will not end here and it
will not end with the City Council and there will not be a solution five years
down the line. Try to resolve it — it is not an all or nothing proposition. As far
as notice, he could have brought in a number of people including the security
guards about what they perceive is happening in the area. So, there is good
reason to have a continuance in addition to wanting the underlying reports.
Mr. Astavakra assured the community that if things continue he will put a
security guard in the area to prevent people from jumping over the wall or
gate and to make sure things like that never happen. He asked for a chance
to at least work on the problem. At the same time he would like the Sheriffs
Department to work with them to prevent such occurrences and to protect his
investment so that the City does not have to pay for it. As a human being he
has aright to voice his opinions and he would like a chance to work it out.
CILee asked Mr. Astavakra if he understood the nature of the problem and
Mr. Astavakra responded affirmatively. CILee said he strongly believed that
there was no need forthis matter to be continued and asked Mr. Astavakra if
he agreed. Mr. Astavakra said the problem was not as it was portrayed
because he could bring in 20 people from the same condominium complex
who would say there was no problem. He could bring various people from the
Sheriff's Department who would say there were no such problems as was
portrayed in the report. The last report and last incident says no suspects
found — everything is okay.
ICDD/Fong explained that there was a second "finding" contained in staffs
report and there were findings that supported the revocation or modifications
of the Conditional Use Permit as well as other options for the Planning
Commission. One of the options recommended by staff was to modify the
Conditional Use Permit to eliminate an entertainment element, which,
according to the applicant through his testimony is ancillary to his restaurant
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APRIL 11, 2006 PAGE 18 PLANNING COMMISSION
use. The City has not indicated that it would shut down his business. The
applicant did not have approval for the entertainment.
ICDD/Fong reviewed the Planning Commissions' options: 1) To modify the
Conditional Use Permit to eliminate the entertainment; 2) to allow the
operation to continue with the entertainment and modify the Conditional Use
Permit to add conditions of approval to address the public safety issue and
eliminate the nuisance issue; 3) if the applicant desires to continue to have
this type of nightclub use he would need to apply to modify the Conditional
Use Permit and at the same time the Planning Commission would have the
authority to impose additional conditions of approval to address any potential
nuisance problem and, 4) the Planning Commission has the authority to say
there is no nuisance problem and that the business is operating within the
Conditional Use Permit.
Chair/McManus asked whether the Commissioners wished to grant the
applicant another continuance.
C/Lee said he was not in favor of a continuance.
Lt. Maxey responded to VC/Nelson that when an individual or business
seeks to hire a deputy they believe it will eliminate the problem. Asking one
deputy to deal with 700, 800, 900 people presents a safety issue and the
department would never station an officer in such a circumstance. Whether
the applicant agreed to pay one, two or three deputies, they would not be
able to deal with that many people and the balance of officers on duty would
be called in to assist and the department would be compromised and the
response would fall to the taxpayers of the City of Diamond Bar. The intent
would be to make it appear to be a Sheriffs Department problem whereas in
realty the problem originated with Scribbles. He saw no benefit of having the
applicant pay for a deputy because it would not alleviate the department's
responsibility for responding to incidents and it would most certainly have
little or no impact on the problems the department has experienced at the
location.
VC/Nelson said he had a difficult time being convinced that there was no
sense on the part of the applicant that no problem existed. He did not like
Sheriffs reports being referred to as "allegations." The Commissioners are
not judges, just simply citizens. Commissioners are appointed and told that
as Commissioners their responsibilities are to act as citizens for the good of
the community and it offends him when individuals try to turn this venue into
APRIL 11, 2006 PAGE 19 PLANNING COMMISSION
a court of law. He said he believed that based on staffs report that the
applicant had pushed the envelope in several ways. He was surprised that at
his first hearing following a two-year hiatus from the Commission that the
applicant had requested a continuance because he was out of town and then
to hear an advertisement on KIIS-FM radio about a big event on that very
Thursday night. He would have thought that in such an instance discretion
would have been the better part of valor if the applicant were serious about
trying to resolve these issues with the City and the community. He believed
that the gravity of this situation dictated immediate action. However, he was
not inclined to only consider making a decision tonight. He said he was on
the fence about granting the continuance on the condition that until a
planned program was worked out that these events should cease and desist
and further, that consideration be given as the plan was developed to offerto
have representatives from Fall Creek work with the City and the applicant to
provide a solution. In short, he was inclined to be fair and work out the
problems. He wants the restaurant to stay but the ancillary problem areas
need to be dealt with as expeditiously as possible.
C/Everett said he was extremely troubled and concerned about the safety
issue and he was very concerned about continuing this matter to the next
meeting. He said he was equally troubled about allowing the applicant time to
respond. He received the packet on Friday and he is still digesting the
material. He understood the residents' concerns and had experienced the
same frustrations and fears when he lived in another city. As residents each
of us have rights and tough as it is sometimes, property owners on a different
side of a decision have rights as well. He felt it had been confirmed this
evening that staffs report was very clear about violations of the Conditional
Use Permit and probable violations of the original intent due to statements by
the applicant to the previous Commission. And in his opinion, there had
indeed been as was earlier stated, a pushing of the envelope. He said he
could note vote tonight on any action without allowing the applicant time to
respond by the next meeting. For these reasons he would be inclined to vote
in favor of a continuance to the next Planning Commission meeting.
C/Tomg stated that based on all of the evidence the basis of the Conditional
Use Permit was described by the applicant and he felt it was important proof
that there was a promise that there would be no DJ and no DJ music except
for private events. He felt it was very strong evidence and felt it was not a
matter of pushing the envelope but ratherthe applicant opened the envelope
and this was a direct violation of the Conditional Use Permit. This is a public
safety issue and what kind of image does this City intend to project? He
APRIL 11, 2006 PAGE 20 PLANNING COMMISSION
believed that in accordance with the General Plan the City should be a safe
and rural community and believed that this was not in the City's image. This
matter was postponed from March 14 to today and why should the
Commission wait another two weeks. The applicant surely had enough time
to talk with the lawyer and to make his presentation this evening. He
appreciated the good effort by staff and the Sheriffs Department and he
supported the evidence presented during tonight's meeting.
C/Lee agreed that Commissioners were appointed to work for the common
benefit of the people. Although there are no children present tonight to
express themselves a mother who spoke about having to send her kids to
their grandparent's house to avoid the environment. It behooves the
Commission to create a better community for the children. The Commission
should decide based on the City's ordinance whether the applicant has kept
his promise to comply with the conditions of the Conditional Use Permit.
C/Everett moved to continue the public hearing to April 26, 2046. The motion
failed for lack of a second.
C/Tomg moved, CILee seconded to adopt a resolution amending Planning
Commission Resolution No. 2003-16 to prohibit any and all entertainment
use finding that the current operation of the business is a violation of the
approved Conditional Use Permit; that the business constitutes a public
nuisance and threatens the public health, safety and welfare of the
community,
VC/Nelson asked if in the event this motion was adopted whether the
applicant would be allowed to offer a plan for a modified entertainment use.
ICDDIFong said the applicant had two options: 1) To appeal the Planning
Commission's decision to the City Council, and 2) to apply for a new
Conditional Use Permit to allow for the current type of entertainment use.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Torng, Lee, VC/Nelson,
Chair/McManus
NOES: COMMISSIONERS: Everett
ABSENT: COMMISSIONERS: None
By virtue of the vote, the public hearing was closed.
rRAFT
APRIL 11, 2006 PAGE 21 PLANNING COMMISSION
8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Lee believed that residents should trust their govemment and thanked staff for
providing a complicated report.
VC/Nelson said his hesitation was not reflective of any disregard for or lack of
confidence in this City's staff. Diamond Bar staff is the best there is.
ClEverett echoed VC/Nelson's statement and said he voted against the resolution
clue to the timing and his conviction of what he believed to be due process and a
significantly written due process. He thanked staff and the Diamond Bar/Walnut
Sheriff's Department and stated he was an advocate and a supporter and trusted
both entities. He acknowledged C/Torng for chairing the Wine Soiree, a very
successful event. He thanked staff for a terrific birthday celebration. His daughter
who grew up in Diamond Bar and now lives in Indiana. She returned to the City for
the party and was very impressed with the "community spirit." He said he
appreciated the City's recognition of Joe and Lois McManus for their volunteerism
and thanked them for their excellent service and support to the City of Diamond Bar.
He wished everyone a happy Easter.
C/Torng congratulated Chair/McManus on his award and thanked ClEverett for his
comments. He thanked staff for a very good report that helped make his decision
easier. The City celebrated an excellent birthday and the City wants to maintain its
good image and he felt the Commission did a good job in that regard today.
Chair/McManus thanked staff for a good report and commended the
Commissioners for their thoughtful conclusions. More than 22 residents attended
tonight's meeting conveying their concerns about a problem they believe needs to
be remedied.
9. STAFF COMMENTS AND INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
DRAFT
APRIL 11, 2006 PAGE 22 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the meeting at 9:38 p.m.
Respectfully Submitted,
Nancy Fong
Interim Community Development Director
Joe McManus, Chairman
PLANNING COMMISSION
RESOLUTION NO. 2006-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING TO CITY
COUNCIL APPROVAL OF TENTATIVE PARCEL MAP
NO. 061702 FOR A THREE LOT SUBDIVISION LOCATED
WEST OF GRAND AVENUE AND SOUTH OF GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA. (APN
NOS. 8293-045-006,8293-045-007,8293-045-008 AND 8293-
045-009)
A. RECITALS
Target Corporation (the Applicant) has filed an application for the approval of
Tentative Parcel Map No. 061702 as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Tentative Parcel Map request shall
be referred to as the "Application."
2. On March 17, 2006, public hearing notices were mailed to approximately 576
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valle
Daily Bulletin newspapers.
3. On March 28, 2006, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application; continued the
public hearing to April 11, 2006, and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to the Planning Commission
during the above referenced meeting on March 28 and April 11, 2006,
including written and oral staff reports, this Commission hereby specifically
finds as follows:
(a) The application applies to a property located at the southeast corner
of Grand Avenue and Golden Springs Drive.
(b) The General Plan land use designation of the site is Specific Plan.
(c) The site is within the Diamond Bar Village Specific Plan. The
Application for a Tentative Parcel Map is in conformance with the
development concept of the Specific Plan.
(d) The site has provided sufficient parking spaces in excess of City's
minimum requirement to accommodate the proposed uses.
(e) The Application conforms to development concept of the Diamond
Bar Village Specific Plan.
(f) On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports,
SCH No. 91121027 and No. 96111047 for the related General Plan,
Zone Change, Development Agreement and Diamond Bar Village
Specific Plan, The Specific Plan document included a Conceptual
Site Plan that illustrates the development concept. The proposed
project is a Design Review and it is determined that the project design
is in conformance with the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issues have
been identified and that none of the elements set forth in Public
Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exists, therefore, no
further environmental review is required.
:3. The Planning Commission hereby specifically finds and determined that
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the proposed project herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5(d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
2
PLANNING COMMISSION RESOLUTION NO. 2006-15
Tentative Parcel Map Findings
(a) The proposed subdivision including design and improvements is
consistent with the General Pian and the Diamond Bar Village
Specific Plan.
The General Plan land use designation for the project site is Specific
Plan. The adopted Specific Plan for the project area is the Diamond
Bar Village Specific Plan which designates the site for commercial
and retail uses and includes a conceptual site plan fordevelopment of
the site. The proposed subdivision is consistent with the distribution,
type, and intensity of uses displayed on the conceptual site plan. The
proposed subdivision is also consistent with the minimum lot sizes
established by the Specific Plan.
(b) The project site is physically suitable for the type and proposed
density of the development.
The project site is approximately 13.69 acres. TPM 061702 proposes
to subdivide the site into three parcels for the purpose of facilitating
the development of Parcels 2 and 3. On April 26, 2005, the Planning
Commission approved Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 for an approximately 130,000 -
square -foot retail store, parking lot and two retail/restaurant pads on
the site. Parcel 1 will be an approximately 11.98 -acre site and will
encompass the retail store currently under construction. Parcels 2 and
3 will be 1.02 and .69 -acres, respectively. The subdivision is
consistent with the Specific Plan conceptual site plan in the
distribution, intensity, and type of uses proposed for the site.
(c) The design of the subdivision or the propose improvements is not
likely to cause substantial environmental damage or injure fish or
wildlife or their habitat.
On June 29, 2005, the City Council approved an addendum to the
previously certified final environmental impacts reports (EIRs) for the
related General Plan, Zone Change, Development Agreement, and
Diamond Bar Specific Plan. The addendum and related Final EIRs
analyzed whether the proposed map would cause substantial
environmental damage or injure fish or wildlife or their habitat. The
Specific Plan included a conceptual site plan that shows the
development of the site. The proposed subdivision is consistent with
the conceptual site plan contained in the Diamond Bar Village Specific
Plan. Consequently, the proposed subdivision is consistent with the
project analyzed under the previously approved addendum and Final
EiRs. No new environmental issues have been identified relating to
3
PLANNING COMMISSION RESOLUTION NO. 2006-15
fish and wildlife and their habitat that would require additional review
for the proposed subdivision.
(d) The design of the subdivision or type of improvements is not likely to
cause serious public health or safety problems.
The previously approved addendum and Final EiRs related to the
project analyzed potential public health and safety impacts from the
design of the subdivision and improvements associated with the
project. No new environmental issues have been identified relating to
public health or safety problems. Therefore, the proposed subdivision
is not likely to cause serious health or safety problems.
(e) The design of the subdivision or types of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision. This
finding may not be made if the review authority finds that alternate
easements for access or use will be provided, and that they will be
substantially equivalent to ones previously required by the public.
The proposed map is located on private property and, therefore, access
easements within the project site are private property. Access to the
site will be through entry driveways on Grand Avenue and Golden
Springs Drive. The site does not have any easement acquired by the
public for access or use within the project site.
(f) The discharge sewerage from the proposed subdivision into the
community source system would not result in violation of existing
requirements prescribed by the California Regional Water Quality
Control Board.
The proposed map is required to be compliant with Regional Water
Quality Control Board requirements, the Federal Clean Water Act,
and the National Pollutant Discharge Elimination System (NPDES)
program implementing construction —related Best Management
Practices (BMPs) and Standard Urban Stormwater Mitigation Plan
(SUSMP) criteria. With project design features related to the storm
drain system, energy dissipaters, standard conditions of approval,
mitigation measures, any potential significant water quality impacts
would be reduced to levels less than significant.
(g) A preliminary soils report or geological hazards report does not
indicate adverse soils or geological conditions and the subdivision has
provided sufficient information to the satisfaction of the City Engineer
or Council that the conditions can be corrected in the plan for the
development.
4
PLANNING COMMISSION RESOLUTION NO. 20DB-15
The previously approved addendum and Final E1Rs related to the
project analyzed potential adverse soils and geologic conditions
impacts from the design of the subdivision and improvements
associated with the project. The map is consistent with the project
analyzed under the addendum and Final E1Rs and no new
environmental issues have been identified relating to public health or
safety problems. Therefore, the proposed subdivision is not likely to
cause significant impacts related to adverse soils or geologic
conditions.
(h) The proposed subdivision is consistent with all applicable provisions
of this Title, the Development Code, any other applicable provisions of
the Municipal Code, and the Subdivision Map Act.
The proposed subdivision is consistent with the General Plan and
Diamond Bar Village Specific Plan land use designation. It will be
graded in compliance with the City's applicable hillside management
standards. The physical size and design of the proposed subdivision
will allow for compliance with all applicable standards in the
Development Code. The proposed map is consistent with Title 21, the
City's subdivision ordinance, and the Subdivision Map Act
requirements as conditioned in this resolution.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions and attached standard conditions:
A. PLANNING
(1) All conditions of approval contained in Development
Agreement No 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(2) All conditions of approval contained in Planning Commission
Resolution No. 2005-18 shall apply.
(3) All conditions of approval of this resolution shall be completed
to the satisfaction of the Community Development Director
before issuance of a Certificate of Occupancy for development
of the final lot of Parcel Map No. 061702.
(4) Approval of this request shall not waive compliance with all
sections of the Development Code, all other applicable City
Ordinances, and applicable Specific Plan in effect at the time
of building permit issuance.
5
PLANNING COMMISSION RESOLUTION NO. 2006-95
(5) Future building pads (Lots 2 and 3) shall be subject to
separate Development Review and/or Conditional Use Permit
processes for Planning Commission approval. The two pads
shall be seeded and surface irrigated for erosion control.
(6) The architectural style of any future buildings on Lots 2 and 3
shall complement that of the Target store on Lot 1.
(7) Landscaping for development on Lots 2 and 3 shall be
consistent with the style of the existing landscaping on Lot 1.
(8) The landscape treatment at the corner of Golden Springs Drive
and Grand Avenue shall follow the Grand Avenue Gateway
Master Plan design.
(9) A Property Owner's Association (POA) shall be formed to
enforce the CC&Rs and shall be recorded with the final parcel
map.
B. GRADING
(1) Precise grading plans for each lot shall be submitted to the
Community and Development Services Department/Planning
Division for approval prior to issuance of building permits.
(This may be on an incremental or composite basis).
C. ENGINEERING
(1) A reciprocal access and parking agreement shall be submitted
for review and approval by the Planning and Engineering
Division. This agreement shall be incorporated into the CC&Rs
and shall be recorded with the final parcel map.
(2) A specific location for the relocation of the Edison power pole
located on Grand Avenue shall be designated on the final map
with building, landscaping, and parking restrictions placed on
the specified location.
(3) Consent for the Underground Easement for the relocation of
the Edison power pole along Grand Avenue shall be granted
prior to final map approval.
(4) The applicant shall replace and record any centerline ties and
monuments that are removed as part of this construction with
the Los Angeles County Public Works Survey Division.
6
PLANNING COMMISSION RESOLUTION NO. 2006-15
(5) Easements, satisfactory to the City Engineer and the utility
companies, for public utility and public services purposes shall
be offered and shown on the detailed site plan for dedication to
the City.
(6) Prior to final map approval, a water system with appurtenant
facilities to serve all lots/parcels in the land division designed to
the Walnut Valley Water District (WVWD) specifications shall
be provided and approved by the City Engineer. The system
shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The
water mains shall be sized to accommodate the total domestic
and fire flows to the satisfaction of the City Engineer, WVWD
and Fire Department.
(7) Prior to final map approval or issuance of building permit
whichever comes first, written certification that all utility
services and any other service related to the site shall be
available to serve the proposed project and shall be submitted
to the City. Such letters shall be issued by the district, utility
and cable television company, if applicable, within ninety (90)
days prior issuance of grading permits.
(8) Prior to recordation of final map, applicant shall provide
separate underground utility services to each parcel per
Section 21.30 of Title 21 of the City Code, including water, gas,
electric power, telephone and cable TV, in accordance with the
respective utility company standards. Easements required by
the utility companies shall be approved by the City Engineer.
(9) Applicant shall relocate and underground any existing on-site
utilities to the satisfaction of the City Engineer and the
respective utility owner.
(10) Underground utilities shall not be constructed within the drip
line of any mature tree except as approved by a registered
arborist.
D. BUILDING
(1) Applicant shall obtain all other department approvals (Fire,
Health, Waste Management, etc.)
(2) All unenclosed under -floor areas shall be constructed as
exterior wail.
7
PLANNING COMMISSION RESOLUTION NO. 2006-15
E. FIRE
(1) Emergency access shall be provided, maintaining free and
clear, a minimum 28 foot at all times during construction in
accordance with Fire Department requirements.
(2) All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
(3) Access shall comply with Section 902 of the Fire Code, which
requires all weather access. All weather access may require
paving.
(4) Fire Department Access shall be extended to within 150 feet
distance of any exterior portion of all structures.
(5) Where driveways extend further than 300 feet and are of
single access design, turnarounds suitable for fire protection
equipment use shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and maintained to
ensure their integrity for Fire Department use. Where
topography dictates, turnarounds shall be provided for
driveways that extend over 150 feet in length.
(6) Private driveways shall be indicated on the final map as
"Private Driveway and Fire lane" with the widths clearly
depicted and shall be maintained in accordance with the Fire
Code. All required fire hydrants shall be installed, tested, and
accepted before construction.
(7) Vehicular access must be provided and maintained
serviceable throughout construction to all required fire
hydrants. All required fire hydrants shall be installed, tested,
and accepted before construction.
(8) Applicant shall provide Fire Department or City approved street
signs and building access numbers before occupancy.
(9) Provide water mains, fire hydrants, and fire flows as required
by the County of Los Angeles Fire Department for all land
shown on map which shall be recorded.
(10) Prior to recordation, the final map shall comply with all Fire
Department requirements.
S
PLANNING COMM4SSION RESOLUTION NO. 2006-15
(11) Prior to recordation, the final map shall comply with all Fire
Department requirements.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to: Target Corporation, 1000 Nicollett Mall,
Suite TPN -12F, Minneapolis, MN 55403
,APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
h C4
BY: C(a,
/ cManus, Chairman
I, Nbrr',y Fong, Planning Commission Secretary, do hereby certify that the foregoing
Res'610ion was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th
day of April 2006, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Everett, Torng, Lee, VC/Nelson, Chair Mcmanus
(<=
None
1►11• 1-
ATTEST:
Nancy Fg, Secr ary
9
PLANNING COMMISSION RESOLUTION NO. 2006-15
OND
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
(DEVELOPMENT)
PROJECT #: TPM 2006-01
SUBJECT: Tentative Parcel Map No. 061702
APPLICANT: Pfeiler & Associates Engineers, Inc.
LOCATION: Southeast corner of Grand Avenue and
Golden Springs Drive
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Tentative Parcel Map No. 061702 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
10
PLANNING COMMISSION RESOLUTION NO. 2008-15
The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
?. Signed copies of the City Council Resolution of Approval, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
3. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city within five days of this approval.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all applicable regulations and laws.
5. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
6. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency prior to issuance of any permits (such as
grading, tree removal, encroachment, building, etc.,) or prior to final map
approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
B. Z=EES/DEPOSITS
Applicant shall pay development fees (including but not limited to City
Planning, Building and Safety Division, Public Works/Engineering
Department and Mitigation Monitoring) at the established rates, priorto final
map approval, issuance of building or grading permit (whichever comes first),
as required by the City. School fees shall be paid prior to the issuance of
building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to the map's recordation or
issuance of building permit, whichever come first.
2. Prior to any public hearing or final map approval, all deposit accounts for the
processing of this project shall have no deficits.
11
PLANNING COMMISSION RESOLUTION NO. 2006-15
C. TIME LIMITS
This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed within 15 days of approval of
Tentative Parcel Map No. 061702, at the City of Diamond Bar Community
Development Department/Planning Division an Affidavit of Acceptance
stating that they are aware of and agree to accept all the conditions of this
approval.
2. Pursuant to Subdivision Map Act Section 66463.5, Tentative Parcel Map
No. 061702 is valid for three years. An extension of time may be requested
in writing and shall only be considered if submitted to the city no less than 60
days prior to approval's expiration date. Final map approval will not be
granted unless the map is in substantial compliance with Tentative Parcel
Map No. 061702 including all conditions and the applicant has entered into a
subdivision improvement agreement to the satisfaction of the City Attorney.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans approved by the Planning
Commission.
2. The Mitigation Monitoring Program outlined in the Addendum and Final
Environmental Impact Reports SCH No. 91121027 and No. 96111047 and
approved by the City shall be implemented and complied with rigorously.
The mitigation monitoring fees shall be deposited with the City, 90 days prior
to the issuance of a grading permit. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City prior
to the approval of the final map.
i. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
4. House numbering plans shall be submitted to and approved by the City prior
to issuance of building permits.
moi. All building numbers and individual units shall be identified in a clear and
concise manner, including proper illumination. House numbering plans shall
be submitted to and approved by the City Engineer prior to issuance of
building permits.
12
PLANNING COMMISSION RESOLUTION NO. 2006-15
E. SOLID WASTE
11. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
granted herein. The removal of all trash, debris, and refuse, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond Bar to provide such
services.
;�. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
3. Trash receptacles are required and shall meet City standards. The final
design, locations, and the number of trash receptacles shall be subject to
Planning Division review and approval prior to the issuance of building
permits.
14. if no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
5. Central trash enclosures shall be equipped with recycling receptacles.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE
FOLLOWING CONDITIONS:
A. GENERAL
A title report/guarantee showing all fee owners, interest holders, and nature
of interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to final map approval.
2. Any existing easement for open space, utilities, riding and hiking trials shall
be relocated and/or grading performed, as necessary, to provide, for the
portion within the project site, practical access for the intended use.
3. Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed
project and shall be submitted to the City. Such letters shall be issued by the
13
PLANNING COMMISSION RESOLUTION NO. 2006-15
district, utility and cable television company, within ninety (90) days prior to
final map approval.
4. Prior to final map approval, applicant shall submit to the City Engineer the
detail cost estimates for bonding purposes of all public improvements.
5. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
6. Prior to final map approval all site grading, landscaping, irrigation, street,
sewer and storm drain improvement plans shall be approved by the City
Engineer, surety shall be posted, and an agreement executed guaranteeing
completion of all public and private improvements.
7. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements are
modified to those shown on the tentative parcel map upon approval by the
Advisory agency.
8. All identified geologic hazards within the tentative parcel map boundaries
which cannot be eliminated as approved by the City Engineer shall be
indicated on the final map as 'Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas
shown on the final map.
9. Easements for disposal of drainage water onto or over adjacent parcels shall
be delineated and shown on the final map, as approved by the City Engineer.
10. Applicant shall label and delineate on the final map any private drives or fire
lanes to the satisfaction of the City Engineer.
11. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
12. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall
not be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
14
PLANNING COMMISSION RESOLUTION NO. 2006-15
13. Prior to occupancy, the applicant shall provide to the City as built mylars,
stamped by appropriate individuals certifying the plan for all improvements at
no cost to the City.
14. All improvements for the subject tract shall be coordinated with any existing
or proposed maps including Tract No. 62482.
'15. Applicant shall contribute funds to a separate engineering trust deposit
against which charges can be made by the City or its representatives for
services rendered. Charges shall be on an hourly basis and shall include
any City administrative costs.
16. Applicant shall provide digitized information in a format defined by the City
for all related plans, at no cost to the City.
17. All activities/improvements proposed for this Parcel Map No. 61702 shall be
wholly contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
B. GRADING
Precise grading plans for each lot shall be submitted to the Community
Development Department/Planning Division for approval prior to issuance of
building permits.
2. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
3. Rough Grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundations of structures. Retaining
wall permit may be issued without a rough grade certificate.
4. Final Grade certifications by project soils engineer and civil engineers shall
be submitted to the Public Works/Engineering Department prior to the
issuance of any project final inspections/certificate of occupancy.
C. DRAINAGE
All terrace drains and drainage channels shall be constructed in muted earth
tones so as not to impart adverse visual impacts. Terrace drains shall follow
landform slope configuration and shall not be placed in an exposed
15
PLANNING COMMISSION RESOLUTION NO. 2006-15
positions. All down drains shall be hidden in swales diagonally or curvilinear
across a slope face.
2. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits,
for construction upon any parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative to which a building permit is
requested.
3. A comprehensive maintenance plan/program shall be submitted concurrently
with the storm drain plans to the Public Works/Engineering Department for
review and approval by the City Engineer.
E. UTILITIES
Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
detailed site plan for dedication to the City.
2. Prior to final map approval, a water system with appurtenant facilities to
serve all lots/parcels in the land division designed to the Walnut Valley Water
District (WVWD) specifications shall be provided and approved by the City
Engineer. The system shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The water mains
shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department.
3. Prior to final map approval or issuance of building permit whichever comes
first, written certification that all utility services and any other service related
to the site shall be available to serve the proposed project and shall be
submitted to the City. Such letters shall be issued by the district, utility and
cable television company, if applicable, within ninety (90) days prior issuance
of grading permits_
4. Prior to recordation of final map, applicant shall provide separate
underground utility services to each parcel per Section 21.30 of Title 21 of
the City Code, including water, gas, electric power, telephone and cable TV,
in accordance with the respective utility company standards. Easements
required by the utility companies shall be approved by the City Engineer.
5. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
6. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
16
PLANNING COMMISSION RESOLUTION NO. 2006-15
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. Applicant shall comply with Title 24 Accessibility requirements and show
compliance for path of travel from public way to each pad.
4. Fire Department approval shall be required. Contact the Fire Department to
check the fire zone for the location of your property. If this project is located
in High Hazard Fire Zone it shall meet of requirements of the fire zone.
17
PLANNING COMMISSION RESOLUTION NO. 2006-45
Agenda # 8 1
Meeting Date: $116106
CITY COUNCIL_ AGENDA REPORT
1!!
1999
TO: Honorable Mayor and Members of the City Council
FROM: Linda C. Lowry, City ManagerG%��.
TITLE: CONSIDERATION OF ADOPTION OF RESOLUTION NO. 2006 -XX RESCINDING
RESOLUTION NO. 93-66D AND ESTABLISHING THE PARK, ATHLETIC AND
FACILITY USE POLICIES AND PROCEDURES; SET THE PUBLIC HEARING FOR
CONSIDERATION OF PROPOSED FEE INCREASES TO JUNE 6, 2006 AT 7:00 P.M.
RECOMMENDATION: The Parks and Recreation Commission and Staff recommend adoption of
the Resolution and setting the Public Hearing.
FINANCIAL IMPACT: Proposed fee increases for picnic reservations and building rentals will
result in an estimated annual revenue increase of $11,300.
BACKGROUND: The Parks and Recreation Commission reviewed the Park, Athletic and Facility
Use Policies and Procedures at their past four meetings. This policy document
regulates the use of all City facilities except the Diamond Bar Center. The purpose of
the review was two -fold: 1) To strengthen the language that ensures preference for use
of facilities to organizations that have Diamond Bar residents as the majority of their
participants; and 2) To re -write the policies for use of Heritage Park Community Center
and Pantera Park Activity Room so they are consistent with the policies for use of the
Diamond Bar Center. Fees charged for use of facilities (except fees for use of the
Diamond Bar Center) were also evaluated during this review. The last time the fees and
policies were evaluated was in 2002.
DISCUSSION: The primary changes to the policies recommended by the Parks and Recreation
Commission:
1. Establishes 60% as the minimum percentage of Diamond Bar resident participants
necessary to qualify as a Diamond Bar based organization.
2. Establishes a $25 fee for resident reserved use of picnic facilities and raises the
non-resident fee from $25 to $50.
3. Revised policies for use of Heritage Park Community Center and Pantera Park
Activity Room so they are consistent with the policies for use of the Diamond Bar
Center.
4. Increases the hourly rental rate for use of Heritage Park Community Center from
$47.50 to $55.00/hr (residents) and from $53.50 to $65.00/hr (non-residents).
5. Increases the hourly rental rate for use of Pantera Park Activity Room from $22.50 to
$30.00/hr (residents) and from $25.63 to $40.00/hr (non-residents).
Several of the youth sports organizations that currently use city facilities for games and
practices attended the Commission meetings to provide input as the 60% resident rule
was being formulated. The 60% number was a compromise that the Commission
determined would serve as a balance between participant programs made up primarily
(90% or more) of Diamond Bar residents and more competitive programs made up of 50
to 60% Diamond Bar residents. The 60% requirement will encourage lower percentage
programs to increase their number of resident participants while allowing them to
maintain their status as a competitive program.
The proposed fee increases can not be approved until a public hearing is held. If the City
Council wishes to consider the fees increases, the public hearing should be set for Tuesday,
June 6, 2006 at 7:00 P.M.
PREPARED AND REVIEWED BY:
Bob Rose
Director of Community Services
Attachments: Resolution No. 2006 -XX
StFi1 e h 1 JjWhW Version of Park, Athletic and Facility Use
Policies and Procedures
Corrected (Clean) Version of Park, Athletic and Facility Use
Policies and Procedures
Minutes of the Parks and Recreation Commission meetings on February 23,
2006, March 23, 2006, April 11, 2006 and April 27, 2006.
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING THE
POLICIES AND PROCEDURES FOR THE USE OF FACILITIES OPERATED BY THE CITY OF
DIAMOND BAR AND RESCINDING RESOLUTION NO. 93-66D IN ITS ENTIRETY.
A. Recitals
{i) Park facilities in the City of Diamond Bar are intended for public use.
(ii) For efficient and orderly use, it is necessary to establish Policies and Procedures for
facilities operated by the City of Diamond Bar.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
that: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar
1, In all respects as set forth in the recitals, Part A, of this Resolution.
2, The Policies and Procedures for the use of facilities operated by the City of
Diamond Bar are approved by the adoption of Exhibit "A" incorporated herein by
this reference as though set forth in full.
2006. PASSED, APPROVED AND ADOPTED this day of
CAROLHERRERA
Mayor
I, TOMMYE CRIBBINS, 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_, day of , 2006, by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
TOMMYE CRIBBINS, City Clerk
City of Diamond Bar
City of Diamond Bar
Corrected Clean Version
Park, Athletic and Facility Use
Policies and Procedures
Draft —City Council Meeting
May 16, 2006
Diamond Bar Community Services Department
21825 Copley Drive
Diamond Bar, CA 91765-4178
Diamond Bar Recreation Services: 909.839.7070
PARK, ATHLETIC AND FACILITY USE POLICIES AND PROCEDURES
Table of Contents
I. GENERAL INFORMATION...........................................................................................1
A. Statement of Policy
13. Park and Athletic Facilities Available
C. Definitions
D Qualifying User Groups in Descending Order of Priority
II. RESERVATION POLICIES AND PROCEDURES......................................................6
A. Parks/Picnics
13. Athletic Facility Use; & Allocation Process
C. Variances and Grievances
III. FEES................................................................................................................................12
A. Athletic Facilities with Lights
B. Athletic Facilities without Lights
C. Concession Stand Policy
D. Restrooms/Fields
E. Other
IV. RULES AND REGULATIONS......................................................................................16
A. General
B. Insurance/Indemnification
C. Traffic and Parking
D. Public Address System Use Policy
E. Maintenance
F. Inclement Weather Use Guidelines and Procedures
G. Tennis Court Rules
V. RESERVATION POLICIES FOR HERITAGE PARK
COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM ..........22
VI. ATTACHMENTS.................................................................................33
A. Park Reservation Request Forms & Use Agreement
B. Walnut Valley Unified School District Facility Request Form
C. Pomona Unified School District Facility Request Form & Use Agreement
D. Permit for sale and/or consumption of Alcoholic Beverages at City Facilities
E, Professional Tennis Instructor Permit Application
F. Parents Code of Ethics/Sideline Demeanor Agreement
I. GENERAL INFORMATION
A. STATEMENT OF POLICY
The City of Diamond Bar, Community Services Department, coordinates the use of all City
parks and athletic facilities available to organizations and the general public for cultural, social,
and recreational activities and programs. The City attempts to accommodate all requests for use
of City facilities with the limited amount of park space available. The continued increase in
demand for use of park and athletic facilities makes it necessary to emphasize sharing in the use
of facilities. The allocation of athletic facilities is determined at bi-annual facility organizational
meetings of the user groups and the City, where cooperation is essential. These policies and
procedures are designed to facilitate the safe, efficient and equitable use of City facilities.
The role of the City of Diamond Bar Parks and Recreation Commission is to provide input to the
City Council and Community Serviees Department regarding policies and procedures for use of
park facilities and operation of programs. The Commission works to ensure that the programs
and facilities offered meet the needs of the community and that access to them is as economically
feasible as possible. Fees, when charged, are used to offset public expenses to operate, maintain,
supervise and administer the use of the park and athletic facilities.
The Commission is responsible for the initiation, review and recommendation of plans for the
acquisition and improvement of park lands and facilities and to recommend program
improvements or additions when necessary. The Commission takes into consideration present
and future needs of the Community and recommends plans to meet those needs.
When making recommendations, the Commission considers the needs of the entire community,
without bias toward special interest groups.
Draft: May 16, 2006 City Council Meeting
I Park, Athletic and Facility Use Policies & Procedures
B. PARK AND ATHLETIC FACILITIES AVAILABLE
1. City -owned Parks
PARK
Heritage Park
Maple Hill Park
Pantera Park
Carlton J. Peterson Park
Ronald Reagan Park
Starshine Park
Summitridge Park
Sycamore Canyon Park
ADDRESS
2900 S. Brea Canyon Road
1355 S. Maple Hill Road
738 Pantera Drive
24142 E. Sylvan Glen Road
2201 S. Peaceful Hills Road
20839 Starshine Road
1425 Summitridge Drive
22930 Golden Springs Drive
2. Walnut Valley Unified School District Owned/City Operated Park
Paul C. Grow Park/Quail Summit: Elementary - Quail Summit Drive & Highbluff Road
I Pomona Unified School District Owned Facility
Lorbeer Middle School 501 Diamond Bar Boulevard
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 2 Park, Athletic and Facility Use Policies & Procedures
Park Facility/o� �1�°' �0' Q
w a
qP
Amenities JX �0' x ���
z``���
Q�� Quo G�c �0�
Barbecues
•
•
•
•
•
•
•
•
Baseball Fieids
(Lighted)
1
2
2
Baseball Fields
(Unlighted)
2
1
1
Basketball Courts
(Lighted)
3
1
Basketball Courts
(Unlighted)
1
1
Meeting Facilities
•
•
AW
Parking Spaces
10
36
35
160
48
33
0
25
70
Picnic Tables
(Covered)
•
•
•
•
Picnic Tables
•
•
•
•
•
•
•
•
Restrooms
•
•
• .
•
•
•
M/W
Soccer/Football
1
2
1
T'
Tennis Courts
3
2
3
Tot Lot
•
•
•
•
•
•
•
•
Trails
•
•
•
•
I?
Total Acres
7
5
3.4
4
15.5
9
6
2
6
4
Paul C. Grow - 23281 E. Forest Canyon Drive Ronald Reagan - 2201 S. Peaceful Hills Road
Heritage - 2900 S. Brea Canyon Road Starshine - 20839 Starshine Road
Maple Hill - 1355 S. Maple Hill Road Summitridge - 1425 Summitridge Drive
Pantera - 738 Pantera Drive Sycamore Canyon - 22930 E. Golden Springs Drive
Carlton Peterson - 24142 E. Sylvan Glen Drive
For parks information, contact the Community Services Department at 909.839.7060.
For picnic reservations, call 909 839.7068 and for ball field information call 909.839.7072.
C. DEFINITIONS
Diamond Bar based Non-profit Organization — An organization whose primary mailing
address is in Diamond Bar and 60% or more of its members/participants are residents of
Diamond Bar. A team that is part of a non-profit organization and is comprised of 60% or
more members/participants that are residents of Diamond Bar also qualifies as a Diamond
Bar based Non-profit Organization.
Diamond Bar Resident — A person who resides within the city limits of the City of
Diamond Bar. Residency can be verified with a driver's license, state issued I.D. card or
utility bill.
Hazardous Activities - Any activity that is defined by the State of California, the City's
insurance provider or Risk Manager to be hazardous.
User Groups - Qualifying non-profit youth or adult athletic organization that use athletic
facilities for seasonal use.
One -Time User Any person, company or organization that requests use of a park, or
portion thereof, for a single day of use.
D. QUALIFYING USER GROUPS - DESCENDING ORDER OF PRIORITY
Group A - City of Diamond Bar sponsored activities.
Group B - Diamond Bar based, certified non-profit, youth and adult athletic organizations,
and civic, service or fraternal organizations who conduct community events and/or programs
open to the general public, in which the total number of members/participants is not less than
60% Diamond Bar residents. Proof of non-profit status must be submitted and on file prior
to scheduled use. Proof of residency may be requested by the City of Diamond Bar at any
time.
Group C — Diamond Bar residents, Diamond Bar sports organizations, and Diamond Bar
resident non-profit adult sports organizations in which the total number of
members/participants is less than 60% Diamond Bar residents.
Group D - Diamond Bar residents' non-commercial functions and/or activities not open to
the general public.
Group E - Diamond Bar based commercial, industrial or professional groups, using the
facility for a non-profit purpose.
Group F- Other tax -supported public agencies
Group G - Non Diamond Bar residents or commercial groups
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 4 Park, Athletic and Facility Use Policies & Procedures
The private commercial use of City Parks for profit and private gain is prohibited. Qualifying
User Groups that conduct fundraising tournaments, clinics or other peripheral events must
receive 100% of the earned funds :from the participants of the event and pay for all expenses
through the organizations's regular debt process. Otherwise, the event will be considered a
private commercial use of City parks for profit and private gain and will be prohibited.
Note — Use of a tennis court for private or semi -private lessons for a fee (up to two students with
one instructor) shall not be considered a private commercial use within the meaning of this
policy.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 5 Park, Athletic and Facility Use Policies & Procedures
II. RESERVATION POLICIES AND PROCEDURES
A. PARKS/PICNICS
Requests to reserve the City's park facilities are made through the Community Services
Department of the City of Diamond Bar, 21825 Copley Drive. The office phone number is
909.839.7068. Note: Reservations are required for all groups of 30 or more persons to
utilize City parks and picnic facilities.
1. Picnic Facilities
a. Any person or group wishing to reserve a picnic facility must submit an Application
for Use of Facilities at least 14 days but not more than one year prior to the event or
activity. Each reservation is subject to the approval of the City on a first come, first
serve basis.
The Application includes the name of the responsible individual and/or organization,
date, time, park area to be used and the number of people expected to be in
attendance.
b. Reserved use of picnic facilities requires payment of reservation service fee as
perscribed in Park Fees Resolution # 93-67A as adopted by the City Council. There
is a $25.00 rental fee for Diamond Bar residents and there is a $50.00 fee for non -
Diamond Bar residents.
Any person or group with. 30 — 100 people in attendance wishing to reserve facilities
must submit a refundable clean-up deposit of $50.00 at least 14 days prior to the
event or activity. For parties with attendance of 100 people or more, the clean-up
deposit will be $200.00.
d. Any person or group with 50 or more people in attendance wishing to reserve
facilities must comply with City insurance requirements per Section V.F. Proof of
the effective Policy must be deposited with the Community Services Department at
least 14 days prior to the event or activity.
e. The City reserves the right: to require that any group or person obtain security through
the Los Angeles County Sheriffs Department at events that could create traffic and/or
safety concerns at the sole expense of that group or person.
f. No campfires, liquid fluids or charcoal fres are allowed except in barbecues provided
or with permit issued by City.
g. No water activities will be allowed in the parks that can cause damage to the facility
and make it unsafe for use. This includes but is not limited to dunk tanks and water
slides.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 6 Park, Athletic and Facility Use Policies & Procedures
2. Overnight use of City parkas is available by permit through the Community Services
Department with a fifteen (15) day notice. Only Diamond Bar based non-profit
organizations may reserve the park for overnight use. Proof of Insurance must be
presented to the City as set forth under Insurance requirements for use of City facilities.
It is the responsibility of the requesting organization to:
a. Maintain appropriate adult chaperones.
b. Notify the Sheriff s Department of an overnight campout.
c. Request Sheriff patrols during the campout.
3. 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:
a. Animal must remain under the control of the business animal handler at all times
b. Business must provide one million dollars in liability/property damage insurance
listing the City of Diamond Bar as an additional insured, per Section VII.
c. User of facility must pay a $1,000 cleaning/property damage deposit and a $100 staff
monitoring fee.
4. Tennis/Basketball Court Use
a. The Tennis and Basketball courts located on City parks are available for use on a first
come, first serve basis and may not be reserved, except for City activities or for non-
profit athletic programs, as approved by the City.
b. The use of Tennis/Basketball court area for concession facilities is prohibited.
c. The use of Tennis/Basketball court areas for skating of any kind is prohibited, except
for locations specifically designed for this type of use, with City approval.
d. Use of a tennis court for private or semi -private lessons for a fee (up to two students
with one instructor) is permitted only if the instructor obtains a permit from the City
of Diamond Bar and complies with all tennis court rules set forth on page 19. See
Page 36 for tennis instructor permit application.
B. ATHLETIC FACILITIES USE & ALLOCATION PROCESS
1. Policies -- The City attempts to accommodate all requests for use of City facilities with
the limited amount of park space available. The continued increase in demand for use of park
and athletic facilities makes it necessary to emphasize sharing in the use of facilities. Staff will
attempt to allocate facilities in the most efficient manner possible while effectively meeting the
needs of Diamond Bar residents; per the allocation priorities listed below.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 7 Park, Athletic and Facility Use Policies & Procedures
a. Priority -- the following will be considered in the allocation of requested facilities.
1) Organization's status based upon the QUALIFYING USER GROUPS
DESCENDING ORDER OF PRIORITY (see p.4)
2) Number of participants who are Diamond Bar residents.
3) Previous season's allocation schedule.
4) Annual organizational tournaments which promote the organization & provide an
economic benefit to the City.
5) Organizations that are determined to be traditionally "in season".
(i.e. Soccer/Football in Fall/Winter & Baseball/Softball in Spring/Summer)
6) Organizations that actively promote the City's "Parent's Code of Ethics" program
with their participants and parents.
b. The allocation and assignment of dates, times and areas for use of City Parks is the
sole control of the City. Areas under School District jurisdiction will be scheduled by
the School District. Athletic facilities at Lorbeer Middle School are scheduled by the
City.
c. Any changes or additions to park assignments must be submitted in writing and
approved by the City, prior to the scheduled event.
2. Procedures
a. Users requesting league or ongoing use of City athletic facilities must submit a
request on appropriate City or School forms. An Application for Use of City
Facilities must be completed for use of City facilities (See attachments for document
sample). All requests for School District facilities, except for outdoor athletic
facilities at Lorbeer Middle School, are to be submitted on School District request
forms (see attachment for samples of School District request forms).
b. Occasional or one time only use requests must be submitted on an Application for
Use of City Facilities at least 14 days prior to requested facility use. Required Fees
must be paid at time of request submittal. Fees are listed in Park Fees Resolution #
93-67A as adopted by the City Council.
c. All requests will be revie-wed by City staff.
d. All field requests from user groups must be submitted by a City determined date in
May and November of each year, proceeding the period in which fields will be
utilized, Forms must be signed by the president or official designee of the
organization's Board.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 8 Park, Athletic and Facility Use Policies & Procedures
Requests for seasonal use by non-profit athletic organizations will be reviewed and
assigned in June for each year for the period of August through December, and in
December for the period of January through July. A facility organizational meeting
will be held in June and December to assign the facilities. Each user requesting
facilities during the applicable period must send a representative. If a user group
requesting use of facilities does not send a representative, they may lose their priority
rating for scheduled use of facilities.
Upon approval of an application and a public allocation meeting, signed Facility
Permit(s) will be issued authorizing the requested use of the facility(s). City staff
may attach such conditions to the permit as determined necessary for the protection of
public health, safety, and welfare of City facilities. Applicants shall not transfer,
assign, or sublet use of the permits/fields or apply for use on behalf of another
person or organization. All field allocation modifications created after the
allocation meeting must be approved by City staff and a revised Facility Permit
will then be issued.
g. No user group will be given an approved permit for facility use until the following
documents have been submitted:
1) Complete list of names, address and telephone numbers of the current Board of
Directors or designated officials.
2) Proof of current non-profit status with the Internal Revenue Service and State of
California.
3) Master calendar of events, which includes, but is not limited to:
- Registration dates, tryouts (date, time and place)
- Date practice begins, practice slot schedules
- Opening day schedule/Closing Ceremonies
- Date/times league games (start/finish)
- Tournament dates (required to host)
4) Total Number of players, proof of Diamond Bar residency and number of teams.
5) One copy of the Certificate of Insurance listing the City of Diamond Bar as
additional insured, in the amount approved by the City (as specified in Facility
Use Agreement).
6) All deposits as required
h. Leagues anticipating a split to form a new league or individuals planning to organize
a new sports program must apply to the City at least one year prior to the estimated
starting date. This will provide the necessary time to study the impact of the new
program on existing facilities.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 9 Park, Athletic and Facility Use Policies & Procedures
i. Youth Sports Organizations are required to collect a signed "Parents Code of Ethics"
form from each parent/guardian with a child enrolled in the program. Forms must be
incorporated into the registration process and retained by the organization for the
duration of the season. Failure of the youth sports organization to properly collect and
enforce the "Parents Code of Ethics" could result in the organization's loss of
privilege to use City owned and/or operated facilities. (See attachment for sample of
"Parents Code of Ethics" form).
3. Athletic Field Storage Facilities
a. Storage facilities are made available free of charge to local seasonal user groups. A
refundable deposit will be charged for the use of storage facilities.
b. All user equipment must be stored in an orderly manner.
c. Upon conclusion of seasonal play, all equipment must be removed within fourteen
(t4) days or a cleanup fee, based on actual expenses incurred and overhead, will be
charged. If equipment is not claimed within thirty (30) days it will be confiscated and
disposed of as prescribed by law.
d. Equipment stored in the facility is not the responsibility of the City. Unnecessary
equipment stored in the facility may be removed at the user group's expense.
4. Athletic Field Lining/Marking
a. All lining/marking of athletic fields must be done with chalk or water-based paint.
b. The burning of fields with the use of weed killer, diesel fuel or any other method is
prohibited on City owned property including park athletic fields.
c. Any user failing to comply with this policy is responsible for all costs related to the
repair of damages to the facility and is subject to termination of facility use permit.
C. VARIANCES AND GRIEVANCES
A user group may request a variance or submit a grievance to the stated procedures by
completing the following:
1. Variance
a. Submit a letter detailing, why a variance is requested to the Director of Community
Services.
b. Appropriate staff members will review the letter and make a recommendation.
c. If staff decides not to grant a variance; the group may appeal to the Parks and
Recreation Commission User Group Sub -Committee within ten (10) days after
written notification of staff's decision.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar to Park, Athletic and Facility Use Policies & Procedures
d. The user group will be responsible to request a variance thirty (30) days in advance of
the scheduled event to allow for adequate staff review.
2. Grievance
a. Submit a letter detailing the grievance and recommendations on how to improve the
conditions.
b. Staff will review the grievance and submit a response letter to the group.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 11 Park, Athletic and Facility Use Policies & Procedures
111. FEES
A. ATHLETIC FACILITIES WITH LIGHTS
1. All fees are set by the City Council through a Resolution.
a. All City sponsored events/activities, along with Diamond Bar based certified non-profit
youth and adult sports groups, civic, service and fraternal organizations are allowed the
use of lighted facilities at City parks free of charge. Proof of non-profit status must be
submitted to, and be on file with the City prior to scheduled use.
b. Non City of Diamond Bar based or occasional one-time only users will be charged for the
use of lighted facilities at the approved flat hourly rate of $12.00 per hour for light usage,
with a two hour minimum use, and each additional hour or fraction thereafter. Lighted
Facilities charge begins 1/z hour prior to sunset.
c. The hourly light use fee will be evaluated each January, and if necessary, will be adjusted
accordingly.
d. User must turn off lights after use and shall not depend on the automatic timer. User that
leaves lighted facility with lights still on after use will be subject to $250 fine for the first
offense and $500 for each subsequent violation in the same calendar year. Prior to
approval for use of lighted facility, user must sign an agreement that states its
responsibility for turning off lights prior to vacating lighted facility. The City may deny
use of lighted facilities to any user that does not sign agreement or leaves the ballfield
lights on after the conclusion of the scheduled activity more than twice in one calendar
year.
2. Fees for use of Lorbeer Middle School are charged to non-resident users based on the actual
costs incurred by the City fors electricity, restrooms, trash removal and any other costs
charged by the Pomona Unified School District. Fees are listed in Resolution No. 93-67A.
3. Deposits
a. A refundable deposit of $100 is required for use of ballfield lights. This deposit
will be used to pay for ballfield lights left on upon conclusion of the activity. The
deposit will also be used to reimburse the City for physical damages, trash pick-
up and wages paid to City personnel called to turn off ballfield lights or pick-up
trash.
b. All one-time users are required to submit a deposit in advance from which
ballfield light charges are deducted, along with any additional cost the City may
directly or indirectly incur from their use. Amount of deposit will be determined
by staff and is based on the fees charged for light use. Recommended deposit is
$50 per field used, plus light use charges.
4. Light Billing
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 12 Park, Athletic and Facility Use Policies & Procedures
a. All light users are responsible for reporting actual hours of use to the Community
Services Department within two working days after scheduled use. The City shall
deduct ballfield light and related costs specified from the deposit and refund the
balance, if applicable.
b. User groups are provided the light box combination or key by the Community
Services Department. The combination or keyed lock may be changed
periodically. This usually occurs at the conclusion of the season.
5. Light Usage
a. Upon approval of a request to use ballfield lights, the applicant will be issued a
combination or key to access the switch to the ballfield lights.
b. Ballfield lights at Peterson, Heritage and Lorbeer automatically turn off at 10:00
p.m. Ballfield lights at Pantera automatically turn off at 9:00 p.m. Therefore, the
area used should be cleaned, equipment stored and participants cleared from the
facility prior to the scheduled shut off time.
B. ATHLETIC FACILITIES WITHOUT LIGHTS
1. Diamond Bar residents, City sponsored events/activities, and Diamond Bar based
certified non-profit youth and adult sports groups, civic, service and fraternal
organizations receive use of unlighted facilities free of charge. Users of Lorbeer
Middle School are charged for actual costs incurred by the City for restrooms, trash
pick-up and any other costs charged by the Pomona Unified School District. Proof of
non-profit status must be submitted to, and be on file with, the City prior to scheduled
use. Use subject to availability. Park and picnic facilities are available for reserved
use. For reservation information, see section 1I, paragraph A.
2. Non City of Diamond Bar based, occasional or non-resident one-time only users are
charged for the use of facilities at the approved flat hourly rate of $5.00 per hour, per
field used, with a two hour minimum use, and each additional hour or fraction
thereafter. Fees are set by the City Council through a Resolution and are subject to
change without notice.
3. Insurance is required for all groups of 50 or more people or for any activity in which
the City deems that insurance is necessary. The insurance must name the City as an
additional insured and the policy must be a minimum of $1,000,000 general
Aggregate limit liability or an amount that the City determines appropriate for the use
requested. Special events insurance is available through the City and can be
purchased by the participating group.
4. A refundable cleanup deposit may be required for all groups that reserve use of a City
park.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 13 Park, Athletic and Facility Use Policies & Procedures
C. CONCESSION STAND POLICY
1. The primary user of the park facility will receive primary use of the Concession
Stand. All other use will be approved by Staff and the User Group Sub-
committee (i.e. special activities).
2. The primary User must abide by all Health and Safety standards and regulations
and be available for inspections by the Health Department and/or staff.
3. A refundable $100 deposit is charged for the use of the Concession Stand.
4. The user group shall be responsible for the cleaning of the Concession Stand
(sweeping, trash removal, wiping counters) after each use.
S. Keys are issued to the User Group for the Concession Stand and can not be
duplicated. The cost associated with the loss of keys will be deducted from the
deposit.
6. Damage to the Concession Stand or broken equipment, due to misuse, or the
facility being left unlocked, will be deducted from the deposit.
7. The deposit will be forfeited if stored material, with the exception of City owned
capital equipment (refrigerator/microwave), is not removed within fourteen (14)
days of completion of the season or activity. The facilities must be cleaned and
all capital equipment disconnected from electrical outlets (except refrigerator). All
capital equipment not removed from the facility at the end of the season is the
responsibility of the City.
8. The City, accompanied by the scheduled user group, will conduct an inspection of
the facilities at the conclusion of the fourteen (14) day period to insure
compliance to guidelines for use.
9. The user group is responsible and liable for loss or damage to any items brought
in to the concession stand.
10. Adult supervision must be maintained at all times. Children under the age of
thirteen (13) are not allowed to work in the Concession Stand.
D. RESTROOMS/FIELDS
1. Facilities, including restrooms and fields utilized, must be cleaned of rubbish and debris
immediately following the scheduled use each day.
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City of Diamond Bar 14 Park, Athletic and Facility Use Policies & Procedures
2. A cleanup fee, based on actual direct and indirect expenses incurred is charged to users
that do not clean rubbish and debris related to their use.
3. Fees are charged for portable restrooms required for use of Lorbeer Middle School based
on actual charges to the City.
E. OTHER
1. Diamond Bar based non-profit organizations may use City parks for commercial
activities/events to raise funds to support community service programs and activities in
the City of Diamond Bar.
a. Requests must be submitted sixty (60) days in advance of the date of the
activity/event and will be considered by the City's parks reservation personnel with
input from the Parks and Recreation Commission User Group sub -committee.
b. Qualifying user groups who conduct such events must receive 100% of the earned
funds (or pay them over to another Diamond Bar based qualifying organization) from
the participants of the event and pay for all expenses through the organization's
regular debt payment process.
2. The private commercial use of City parks for profit and private gain is prohibited. Uses
that do not meet the criteria stated in III.E.I.b. shall be considered private commercial use
of City parks for profit and private gain and will be prohibited.
3. Use of a tennis court for private or semi -private lessons for a fee (up to two students with
one instructor) shall not be considered a private commercial use.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 15 Park, Athletic and Facility Use Policies &Procedures
IV. RULES AND REGULATIONS
A. GENERAL
Alcoholic beverages are not allowed in City parks Diamond Bar Municipal Code
12.00.280). There is a special event policy/procedure for sales and/or consumption of
alcoholic beverages at City park facilities (see attachment).
2. Cancellations
a. The City of Diamond Bar may cancel the use of park facilities for cause or
convenience, which includes but shall not be limited to:
When the City is engaged in work involving any of the facilities scheduled to be
utilized.
2. When the health and/or safety of participants is threatened due to impending
conditions, including but not limited to, heavy rains, unhealthful smog levels or
other such climatic conditions.
3. It has been determined by the City that the applicant has not complied with the
City park reservation policies.
b. Should a user group wish to cancel a scheduled activity, notification must be made to
the City at least 24 hours prior to such scheduled use.
B. INSURANCE 1 INDEMNIFICATION
If a user group or one time user of 50 people or more is involved in an activity where the
City deems insurance to be necessary (i.e. sporting, hazardous events, or company
picnics) the responsible person shall procure, pay for and maintain in full force and
effect, with regard to any such event, a combined Comprehensive Personal Liability and
Property Damage Insurance Policy with limits of not less than $1,000,000 or any other
amount that staff deems appropriate for the use requested. Proof of insurance must be
submitted prior to useage.
2. The USER of the park agrees that it will indemnify and hold the CITY and its elected
officials, officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of USER's acts or those of USER's employees, agents,
guests or invitee in connection with USER's use and/or occupancy of the facilities. User
must sign City provided indemnification form to use facilities.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 16 Park, Athletic and Facility Use Policies &Procedures
3. Further, the City of Diamond Bar, its elected officials, officers, agents or employees
thereof, shall be designated as additional insured under such policy.
4. Any such insurance policy must include the requirement of a thirty (30) day written
cancellation notice to the City.
S. Proof of the effective Policy must be deposited with the Community Services Department
at least 14 days prior to the first scheduled use of the facility.
6. The City has Special Event Insurance coverage available that may be purchased, at the
sole cost of the applicant, for an event which takes place on City owned property.
Contact the Community Services Department for further information.
C. TRAFFIC AND PARKING
1. The user group must assure that participants and spectators utilize public parking areas
and park only in marked stalls.
2. No vehicle(s) will be allowed on City park or School District property, or outside public
parking areas, except those designated for parks or school maintenance or specifically
permitted by the City or School District.
3. Requests for use of streets for parking that are marked with "No Parking" signs must be
made with Public Works 909.839.7040.
D. PUBLIC ADDRESS SYSTEM USE POLICY
1. Organized/Scheduled Athletic Events
a. Sound amplification equipment is allowed in City parks, but is limited to public
address systems, stereo equipment, stationary/portable components and bullhorns,
subject to the provisions of the City Noise Ordinance.
b. A group must submit a request in writing for use of a public address system, prior to
the event, including the purpose and placement of the equipment, to receive approval
from staff.
C, Public address system use is permitted only between the hours of 10:00a.m. -
9:30p.m. daily.
d. Failure to comply with the above requirements by user groups could result in one or
more of the following:
L First Offense - Verbal warning followed by written communication.
ii. Second Offense - Loss of public address system use privileges by the organization
for the remainder of the season, immediately following the offense.
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City of Diamond Bar 17 Park, Athletic and Facility Use Policies & Procedures
3. General Park Use
a. Sound amplification equipment is allowed in the City's parks, but is limited to
public address systems, stereo equipment, stationary/portable components and
bullhorns, subject to the provisions of the City Noise Ordinance.
b. No person or group shall use any public address system in any of the City's parks
without first submitting a request in writing and receiving approval from the
Community Services Department. If staff is required to monitor the event, all direct
and indirect expenses will be charged to the User.
C. The proposed use of the public address system must not unreasonably interfere or
disturb surrounding residences, nor shall the use of the public address system detract
from or interfere with the general public's use and enjoyment of the park.
d. Public address system use is allowed only between the hours of 10:00a.m. - 9:30p.m.
daily.
C. The direction of the public address system's speakers must be directed toward activity
spectators and away from the surrounding residential areas.
f. Failure to comply with the above requirements will result in immediate disconnection
of the public address system and forfeiture of deposit.
E. MAINTENANCE
1. The City will maintain or cause to be maintained the parks for public use.
2. Field Maintenance
a. All maintenance such as field preparation, lining of the fields, setting of base stakes,
installation of goal posts is to be performed by the user assigned to the facility as per
written agreement between the City and the user.
b. Each user is responsible for the facility being free of trash or debris.
C. Users are requested to report any damage or acts of vandalism to the Community
Services Department or Sheriffs Department immediately. It is the policy of the City
of Diamond Bar to prosecute to the fullest extent possible any individual committing
acts of vandalism (Sheriffs Department 909.595.2264 or 911 in cases of emergency).
3. Motorized Vehicle Use
a. Motorized vehicles are permitted on the City parks for the preparation of athletic
fields, upon approval of the City.
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City of Diamond Bar 18 Park, Athletic and Facility Use Policies &Procedures
b. Each user group must designate the drivers, not to exceed 4, at least 21 years or
older, who will drive the designated and approved motorized vehicle for dragging
the fields or other such related activities.
c. Each designated driver will be required to attend a training session, conducted by
the Community Services Department, on the proper method of dragging infield
areas and related safety matters.
d. Each user group is allowed to drag the fields with a designated approved
motorized vehicle once a day. The dragging of fields between games must be
done by hand. The use of a motorized vehicle between games will not be
permitted. Fields may be prepared with a motorized vehicle only between the
hours of: 7:00am — 9:00pm daily.
e. Special request for motorized vehicle use to drag fields shall be made in
writing.
f. Failure to comply with the motorized vehicle use policy can result in the
termination of the scheduled organization's permit to use such vehicle(s) for
the preparation of the fields for the remainder of their scheduled use of such
facilities.
4. Modifications
Any requests to modify or improve City facilities shall be submitted for approval to the City
of Diamond Bar. No permanent structures or equipment shall be placed and/or erected on
City facilities unless reviewed and recommended by the Parks and Recreation Commission
and approval by the City Council is granted. The modifications must be dedicated for
community use.
5. Closure
An annual Parks Maintenance Program is submitted to the Parks and Recreation
Commission each fiscal year for review and comment. Such Maintenance Program
shall include the following:
a. Scheduled closure of parks for more than seven (7) consecutive days.
b. Closure of athletic field(s) for one day recovery periods. Closure dates
shall be coordinated by the Community Services Department with user
groups.
6. Park Restroom Policy and Schedule
a. Park restroo:ms are unlocked daily at 8:00a.m. and remain open until the
park closes.
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City of Diamond Bar 19 Park, Athletic and Facility Use Policies & Procedures
b. Special restroom access is available upon request to the Community
Services Department 909.839.7060. Restrooms are open for all City
recreation programs.
F. INCLEMENT WEATHER USE GUIDELINES AND PROCEDURES
Guidelines
a. No use of City athletic fields is allowed when facilities are unusable
due to inclement weather as determined by the City.
b. Any user failing to comply with established guidelines and proper
notification is subject to claims for all direct and indirect damages and
potential termination of facility use permit.
Procedures for Notification
a. The City is responsible for determining if field conditions alter the
availability of their use.
b. User must: contact the Weather Hotline at (909) 612.4636 x1714 after
2:00 p.m. Monday through Friday, and after 9:00 a.m. on weekends
and holidays to receive City's determination of facility availability.
3. Estimated Cost for Damage Repair or Turf
Users are charged for all direct and indirect costs incurred by the City for repair of the
turf and/or irrigation systems due to failure to comply with the rain policy. Repair
costs are based on actual. expenses and normal City overhead. Failure to comply with
the inclement weather policy can also result in the termination of user's facility use
permit.
G. TENNIS COURT RULES
1. The ethics of tennis and sportsmanship shall prevail.
2. When others are waiting and no courts are available, use of a court (for
play, lessons or otherwise) is limited to one hour of use and then must be
relinquished by all persons using the court to the first person waiting for
that court.
a. Courts may not be held by one person alone
b. Priority of right to use the court shall be established by the placing
of a racquet on the number board. Waiting players shall remain in
person at the court desired and shall be physically present to take
possession of the court when relinquished.
3. Courts may be reserved only for approved tournaments or club play by
securing permission in writing from the City. All tennis court reservation
requests for group use must be received at least two weeks in advance of
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City of Diamond Bar 20 Park, Athletic and Facility Use Policies &Procedures
requested date. Such reserved courts shall be designated in writing by
authorized City staff.
4. Use of a tennis court for private or semi -private lessons for a fee (up to
two students with one instructor) is permitted only if the instructor obtains
a permit from the City of Diamond Bar and complies with all tennis court
rules set forth herein.
5. Only persons wearing tennis shoes shall be allowed on the tennis courts.
No street shoes, no wheeled shoes and no wheeled vehicles of any type
may enter the tennis courts.
6. Pets are not permitted at any time on the courts.
7. City staff's interpretation and application of the above rules shall govern
the use of the tennis courts.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 21 Park, Athletic and Facility Use Policies &Procedures
V. RESERVATION POLICIES
FOR
HERITAGE PARK COMMUNITY CENTER
AND
PANTERA PARK ACTIVITY ROOM
A. The following procedures and fee schedules are annually reviewed by the Parks and
Recreation Commission and approved by the Diamond Bar City Council. They regulate
the use of City -owned facilities, including the Heritage Park Community Center, and
Pantera Park Activity Room.
City of Diamond Bar facilities, under the management of the Community Services
Department, are available to the public for activities and programs that meet the needs
and interests of the community. 'the City of Diamond Bar has established these rental
fees and services, based upon cost of maintenance, utilities, supervision and/or other
direct costs.
The City retains the right to control and operate the facility's heating, air conditioning and
common use areas, in a manner deemed best for the City. User must insure that all
required codes are met.
B. PURPOSE OF THE USE POLICY
The purpose of this Use Policy is to assure that the facilities are 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.
C. DEFINITION OF TERMS
1. "Center Director" means the administrative head of the Facilities, or its staff, under
the direction of the City of Diamond Bar Community Services Department.
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 Heritage Park Community Center or Pantera Park Activity Room 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 facility
pursuant to the terms of this Use Policy. The date requested by the applicant will
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City of Diamond Bar 22 Park, Athletic and Facility Use Policies &Procedures
be held as long as the requirements and deadlines of the Facility Use Policy are
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.
D. GROUP PRIORITY RATING
An individual or group seeking permission to utilize facilities 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 Ci
Diamond Bar.
B. GROUP B- Activities conducted by the City recognized Senior citizen
membershipr outs.
C. GROUP C:
i. C-1- Activities conducted by Governmental agencies other than
the City of Diamond Bar, which provide some service to the
Diamond Bar community (e.g. local school districts, County of
Los Angeles agencies, etc.)
ii. C -2 -Activities conducted by 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:
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City of Diamond Bar 23 Park, Athletic and Facility Use Policies & Procedures
501(C)(3)) organization shall be submitted as a condition of an
organization receiving classification in this group.
a. No fee is charged for board, general membership meeting
or registration activities, if conducted during normal hours of
operation. If meeting is held after normal hours of operation,
weekend or City observed holiday, a fee is charged for staff hours
required to operate the facility during the event. All other events
shall be charged according to the fee schedule. Said events include
activities for which there is a charge and/or which are not open to
the general public (fund raiser, luncheons and award ceremonies).
A cleaning deposit is required for all events.
b. Organizations that are authorized to use school district
facilities per Education Code 38134 shall be eligible to use City
facilities only after effort has been made to secure a comparable
school district facility, and none is available.
*Note - Each resident non-profit organization will be allowed one use for
fundraising purposes per calendar year where room rental fees are waived.
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.
E. 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
Diamond Bar Center during regular business hours. An available date can not be held
for possible use by making an inquiry.
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. This action results in a
soft reservation. This soft reservation 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 lida4e soft
reservation shall be forfeited.
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City of Diamond Bar 24 Park, Athletic and Facility Use Policies & Procedures
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 C1 and C2: Up to fifteen (15) months in advance.
Groups 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 may be
necessary for your event. 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.
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 :facility 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
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City of Diamond Bar 25 Park, Athletic and Facility Use Policies &Procedures
have seven-( four (4) calendar days to sign the contract and pay the required deposit
to bump the soft reservation of a lower priority user.
12. Use may be denied and the application rejected for the following reasons:
A. That the facility Cater 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 facility 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.
1. That the applicant has twice before cancelled a scheduled event in the
facility without prior notice.
A
13. If at any time prior to or during the scheduled event the applicant/user is not in
compliance with the policies and regulations stated in this Use Policy or the
conditions of the facility use permit, and after notice of noncompliance, has failed or
refused to comply (or compliance is no longer possible), the City, acting by and
through the Director of Community Services or his/her designee, may cancel the
reservation or terminate the event. Under those circumstances, no deposits and/or
fee(s) previously paid by the applicant shall be returned.
14. The City reserves the right to cancel a permit issued for any event or activity for its
convenience. In the event of such a cancellation, notice shall be given as far in
advance as possible and a full refund will be made. Every effort will be made to find
a suitable alternative facility if cancellation by the City is necessary.
*Note - Each resident non-profit organization will be allowed one use for
fundraising purposes per calendar year where room rental fees are waived.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 26 Park, Athletic and Facility Use Policies &Procedures
F. LIABILITY AND INSURANCE
1. All users of the facility shall procure and maintain, at their own expense and for
the duration of the event covered, comprehensive general liability and property damage
liability insurance, against all claims for injuries against persons or damages to property
which may arise from or in connection with the use of the facility by the user, its agents,
representatives or employees in the amount of one million dollars ($1,000,000.00),
combined single limit. (If alcohol is to be served, insurance coverage stall include
coverage for serving alcohol beverages).
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".
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 27 Park, Athletic and Facility Use Policies & Procedures
C. Certificate must be an original. No copies will be accepted.
D. The Certificate of Insurance must be filed with the Diamond Bar Center
staff 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).
4. 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.
5. 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.
6. 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.
G. LIQUOR REQUIREMENTS
The Use and Service of Alcohol - The use of alcohol 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. 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.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 28 Park, Athletic and Facility Use Policies &Procedures
C. Injuries caused to any person as a result of alcoholic beverages being
served and/or consumed on City premises, 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.
D. 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.
E. Alcohol may not be served nor consumed outside of the room approved
for use.
F. Alcohol may not be served nor consumed in the parking lot without
obtaining a special alcohol permit approved by the Director of Community
Services.
G. License Requirements (when alcohol is to be sold).
�. No sales or requests for donations for alcohol are permitted
without a license from the State Alcoholic Beverage Control Board
(A.B.C1)
ii. A copy of approved facility use contract from City must be
furnished to A.B.C. when applying for this license.
A copy of the A.B.C. license must be furnished to the Diamond
Bar Center staff 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
or ani ization, 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 fora private party to sell alcohol on their own.
H. The service of alcohol at any event is limited to a maximum of five 5 hours.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 29 Park, Athletic and Facility Use Policies &Procedures
I. 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.
J. Wine, punch, beer, champagne and spirits must be served in cups, glasses, or
cans (no bottles).
K. When serving champagne, all bottles must be opened in the kitchen prior to
serving. Champagne bottles may not be opened in the community rooms.
All unopened bottles must be stored in the kitchen.
H. CANCELLATION POLICY
1. Weekend reservations cancelled 90 days or more prior to the event will receive a
refund of fees minus $100.
2. Weekend reservations cancelled 30-89 days prior to the event will receive a refund of
fees minus $200 or amount of rental fee deposit, whichever is less.
3. 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.
4. Weekday reservations cancelled 30 days or more prior to the event will receive a
refund of fees minus $100.
5. 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.
1. GENERAL OPERATING REGULATIONS
1. The private commercial use of City parks for profit and private gain is prohibited.
2. Facility Reservations staff shall have the right to relocate or reassign meeting rooms as
it deems appropriate, at the same or reduced rental fee, but not more than what would
have been charged per the room schedule.
3. Reservations may be revoked at any time whenever there has been a violation of
approved Rules and Regulations.
4. The City of Diamond Bar will not rent, lease or allow use of its public facilities by any
person or organization for a public meeting that precludes participation by any disabled
person.
5. City equipment shall not be removed from any facility.
6. Smoking is prohibited in all public meeting rooms per California Indoor Clean Air Act
of 1976 and City Council Resolution No. 93-66A.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 30 Park, Athletic and Facility Use Policies &Procedures
7. Special events or requests not covered in the above policy must be submitted in writing
and will be reviewed by the City to determine appropriate use, fees and services.
&. Licensed catered food service is required at the Heritage Park Community Center.
Exceptions to catered service must have prior approval from Community Services
Department. NO COOKING IS ALLOWED IN THIS FACILITY.
9. No signs or decorations may be taped, nailed or otherwise attached to walls, windows,
ceilings or drapes unless decoration and the method of attachment is approved by City
staff. No rice, bird seed, confetti or other similar items are allowed to be thrown in or
around any facility. No open flames, candles, incense, or fog machines are allowed.
10. Signs, placards, pictures, advertisements, names or notices shall not be inscribed,
displayed, printed or affixed on to any part of the outside of any facility without prior
approval by City staff.
11. All emergency doors on the premises shall be locked when facility is not in use. All
door openings to public corridors shall be kept closed except for normal ingress and
egress.
12.. Animals are not permitted in the Facilities 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:
a. Animal must remain under the control of the business animal handler at all times
b. Business must provide one million dollars in liability/property damage insurance
listing the City of Diamond Bar as an additional insured, per Section VII.
C. User of facility must pay a $1,000 cleaning/property damage deposit and a $100 staff
monitoring fee.
1.3. Illegal Activities shall not be permitted. All groups and individuals using the Facility
shall comply with City, County, State, and Federal laws. Fighting, gambling and lewd
conduct are prohibited.
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 in the
facilities. 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.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 31 Park, Athletic and Facility Use Policies &Procedures
15. 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 facilities. Events that are specifically geared to
minors may be required to have security guards present during the event and cleanup.
16. Supervision by Facility Staff is necessary for the public's safety and well-being.
Facility 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 Facility Staff shall have the authority to deny or terminate the use of the
facility if a determination is made by Facility Staff that the use does not conform to the
requirements of facility 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.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 32 Park, Athletic and Facility Use Policies & Procedures
VI. ATTACHMENTS
CITY OF DIAMOND BAR
Community Services Division
` 21825 Copley Drive
Diamond Bar, CA 91765
Phone 909.839.7073 *l=ax 909.861.3117
Application for Use of City Facilities
rlr_nmolete one application per field
Name of Facility:
Field Desired: (Please pick one) D Softball #1 0 Softball #2 ❑ Softball Lighted #1 O Softball Lighted #2 0 Grass Diamond
❑ Dirt Diamond ❑Upper Ball Field ❑ Lower Soccer/Football ❑ Soccer #1 ❑ Soccer #2 ❑ Soccer/Football Field Lighted
0 Basketball Courts ❑Picnic Shelter ❑Upper Picnic Shelter ❑ Lower Co ta Shelter ❑Other
OrganizationlBusiness:
Address:
'INSURANCE REQUIREMENTS: The City requires a Certificate of $1 million General Liability Insurance with an endorsement naming the City of Diamond Bar a!
additional insured. The City offers Special Event Insurance if a group is unable to secure the necessary insurance, price determined by event. Insurance Is
required for: Groups of 5o or more involved in an activity where the City deems Insurance to be necessary (i.e. sporting, hazardous events, or compar
picnics).
SECURI ei DEPOSIT
Pprocessed OST REQUIREMENTS:
n ENTS: Th approximately to 4 fires a refundable
Security
Depoed it of $50.00 for events with 30 or more people in attendance. Security
Deposit
Non -Profit organizations can request use of storage facilities and/or restroom keys. A $100 deposit is required for each requested item. 'Use of ball field lights
Evening Phone: (
) E-mail address:
Day Phone: ( )
Minors Total Open to the Public: Yes ❑ No ❑
Estimated Attendance or Participants:
Adults
Admission/Donation or other Charge? Yes ❑ No ElIf yes, amount & explanation
Specific Purpose of UselDetails of Activity:
*
($1,00D,0w): ❑ City
Special Event Insurance ❑ Private Insurance
Certificateof Insurance
(attach)
START TIME
END TIME
DAY
DATES
am/pm
am/pm
Sunday
to
�pny
amlpm
Monday
to
arrJpm
am�pm
Tuesday
to
'
an -Wpm
amlpm
Wednesday
to
amlpm
amlpm
Thursday
to
amlpm
'
amlpm
Friday
to
wpm
amlpm
Saturday
to
AVAII.IABLE FACILITIES
PANTERA PARK
PETERSON PARK
SUMMITRIDGE PARK
HERITAGE PARK
Softball Diamond #1
Softball Diamond #1 (Lighted)
Upper Ball Field
Softball Diamond (Lighted)
Softball Diamond #2
Softball Diamond #2 (Lighted)
Lower Soccer/Football Field
Basketball Court
Soccer Field #1
Soccer Field #1
SYCAMORE CANYON PARK
Picnic Area
MAPLE HILL PARK
Soccer Field #2
Soccer Field #2
Picnic Shelter #1
Softball Diamond
Lower Picnic Shelter
Soccer Field
Basketball Courts (i, 2, 3)
PAUL GROW
Picnic Shelter #2
Upper Picnic Shelter
Basketball Court
Crass Diamond
RONALD REGAN PARK.
LOORBEER MIDDLE SCHOOL
Picnic Area
Dirt Diamond
Basketball Court
Picnic Shelter
Softball Diamond
Soccer/Football Field (Lighted)
Soccer Field
'INSURANCE REQUIREMENTS: The City requires a Certificate of $1 million General Liability Insurance with an endorsement naming the City of Diamond Bar a!
additional insured. The City offers Special Event Insurance if a group is unable to secure the necessary insurance, price determined by event. Insurance Is
required for: Groups of 5o or more involved in an activity where the City deems Insurance to be necessary (i.e. sporting, hazardous events, or compar
picnics).
SECURI ei DEPOSIT
Pprocessed OST REQUIREMENTS:
n ENTS: Th approximately to 4 fires a refundable
Security
Depoed it of $50.00 for events with 30 or more people in attendance. Security
Deposit
Non -Profit organizations can request use of storage facilities and/or restroom keys. A $100 deposit is required for each requested item. 'Use of ball field lights
AGREEMENT
THE UNDERSIGNED hereby states, under penalty of perjury of the laws of the State of California, that (s)he
is the person duly authorized to make and sign this application, and that (s)he has read and understands the
Park, Athletic and Facility Use Policies and Procedures of the City of Diamond Bar pertaining to the use of
City park and recreation facilities. A copy of which is available upon request.
FURTHER, THE UNDERSIGNED ACCEPTS AND AGREES AS FOLLOWS:
• To comply with all laws, policies, rules and regulations of the City of Diamond Bar pertaining to the use of
City facilities and to hold the City of Diamond Bar harmless from any liability or damage to persons or
property which may occur due to such use.
• To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any expenses or loss incurred
by said City as a result of non-compliance with any of the approved terms of this permit.
• To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any loss or damage to City
Property caused by use of such property, ordinary wear, and tear expected.
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, whether or not
there is concurrent passive or active negligence on the part of City or City Personnel. All obligations
under this provision are to be paid by the user as they are incurred by the City.
Signature of Authorized Applicant Date
PARK REGULATIONS
• No Alcoholic Beverages are allowed in City Parks.
• The City of Diamond Bar may cancel the use of park facilities due to weather/condition of park.
• The applicant must assure that participants utilize public parking area and park only in marked stalls.
• No vehicle(s) will be allowed on City Park property.
OFFICE USE ONLY
FEES COLLECTED: REFUNDED FEES:
Non -Resident Fee $ Deposit $
Security Deposit $ Less Adjusted Fees $
Light Deposit $ TOTAL REFUND $
Key Deposit
Special Event Insurance $ Processed By: Date:
TOTAL FEES $ Submitted for Approval: Date:
Received By:_ Date: Refund Issue Date:
City of Diamond Bar
Community Services Department
Athletic Facility User Group Meeting
SUPPLEMENTAL INFORMATION FORM
Name of Organization:
Sport:
Person Completing Form: ^ Date:
Due to the large number of requests expected for facility use this year, the
following information is requested in order to comply with the Athletic Facility Use
Policies and Procedures. Thank you for your assistance in completing this form.
Is the organization registered as non-profit with the State of California?
❑ Yes ❑ No Tax I.D. #:
How many players do you expect to register?
2. How many teams are going to be formed?
3. What percentage of players are Diamond Bar residents?
(Team rosters may be required to verify percentage)
4. Has the organization submitted a Certificate of Insurance to the City of Diamond
Bar?
(Note: Certificate is required prior to facility usage) ❑ Yes
❑ No
6. On what date do teams begin playing games?
6. How many days per week may a team practice?
7. How many hours per day may a team practice?
8. Does your organization have open registration, or may players be "cut" from the
program?
o "Open" ❑ 'Cuts"
9. How does your organization deal with participants who are physically challenged
under the definition of the Americans with Disabilities Act (A.D.A)?
Priority Ranking:
(Per Athletic Facility Policies & Procedures)
City of Diamond Bar
-= Community Services Division
l I 21825 Copley Drive
- L
Diamond Bar, CA 91765
909.839.7070
Application for use of Diamond Bar Facilities
Name/Responsible Person:
Name of Organization/Business:
Address:
City: Zip:
Home Phone:
Cell Phone:
Requested Date(s):
Purpose of Use:
Time of use: Begin set up:
Clean 'up hour:
Actual Event time: Start End
Total Number of Hours
Expected Attendance: Adults:
Youth: Total: Oen to Public?
Merchandise to be Sold? Yes/No
if yes, Give Specific Examples:
Alcohol Beverages to be Served?
Yes/No Sold? Yes/No
Facility Requested:
Heritage Park Community Center:
Entire Room: (A+B)
Dining Capacity: 110
1/2 Room: (A)
Dining Capacity: 60
1/2 Room: (B)
Dining Capacity: 50
Classroom:
Dining Capacity: 25
Pantera Park Community Center:
Dining Capacity: 50
FHE UNDERSIGNED hereby states, under penalty of perjury of the laws of the State of Califomia, that (s)he is the person duly authorized
o make and sign this application, and that (s)he has read and understands the Park, Athletic and Facility Use Policies and Procedures of
he City of Diamond Bar. A copy of which is available upon request.
FURTHER, THE UNDERSIGNED ACCEPTS AND AGREES AS FOLLOWS:
To comply with all laws, policies, rules and regulations of the City of Diamond Bar pertaining to the use of City facilities and to hold the
City of Diamond Bar harmless from any liability or damage to persons or property which may occur due to such use.
• To promptly, uponreceipt of notice, reimburse the City of Diamond Bar for any expenses or loss incurred by said Cityas a result of
non-compliance with any of the approved terms of this permit.
10 To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any loss or damage to City Property caused by use of such
property, ordinary wear, and tear expected.
ndemnification Clause --To the full extent permitted by law, user shall defend, indemnify and hold harmless City, its officials, employees
ind 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
;osts including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation, incurred in
'elation 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
acility by user. All obligations under this provision are to be paid by the user as they are incurred by the City.
Facility Rental Rates:
Location
Hourly Room Rate
Hourly Room Rate
Cleaning Deposit
$83.32
DB Resident
Non -Resident
1-100
$194.42
Current
Proposed
Current
Proposed
Current
Proposed
Liquor Legal Liability: Alcoholic beverages served charge is $65.65 for each
Rate
new rate
Rate
new rate
Rate
new rate
Heritage Park
$47.50
$55.00
$53.50
$65.00
$200
$200
Community Center
Entire Room (A + B)
Includes Kitchen
Heritage Park
$28.75
$35.00
$31.87
$45.00
$200
$200
Community Center (A)
Includes Kitchen
Heritage Park
$25.63
$30.00
$28.75
$40.00
$200
$200
Community Center (B)
Heritage Park
$22.50
$30.00
$25.63
$.40.00
$200
$100
Community Center Classroom
Pantera Park
$22.50
$30.00
$22.50
$40.00
$200
$100
Community Center
Tenant User Insurance Premium Rates*:
Class 1
Attendance:..Attendancei
Class II
Class III
Premium:
1-100
$83.32
1-100
$122.46
1-100
$194.42
101-500
$116.15
101-500
$213.36
101-500
$342.13
Liquor Legal Liability: Alcoholic beverages served charge is $65.65 for each
day of service in Hazard I. Hazard II & III event require prior company approval.
Fees are sub ect to char e.
*These fees are set by Carl Warren & Co. and are subject to change without notice.
Equipment List:
Heritage Park Community Center
(12)
72 inch round tables
(12)
30 inch x 96 inch rectangular tables
(3)
36 inch x 36 inch rectangular tables
115
Vinyl arm chairs
1
Podium with microphone
1
Sound system w/CD and tape player
20
Folding chairs
Pantera Park
(12) 30 inch x 96 inch rectangular tables
(50) Folding Chairs
Equipment listed is included in the room rental fee. You must
provide linens, cutlery and all other items. A repfacement fee will
be assessed It equipment is damaged ordestroyed.
City of Diamond Bar
- Facility Rental Contract
Heritage Park Community Center
Pantera Park Community Center
City of Diamond Bar hereby grants (hereinafter called the "Licensee"), permission
to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein all
of which for part of this Agreement.
2.
3.
4.
Purpose of Use:
Datels of Use
Facility Rented:
Time of Use: Setup time
Facility Rental Fees:
Room Rental Fee:
Hours of Rental:
Cleaning Deposit:
Total:
Total Facility Fees:
Insurance:
Total:
Amount of Deposit Down:
Final Date Amount is Due:
Total Amount Due 30
days Prior to event:
Facility Room Rented_
Actual event time: Start End
Clean Up Hour:
Equipment Available at Heritage Park:
Flags
Podium with Microphone
Sound System with CD
and tape player
Projection Screen
TVNCRIDVD
Coffee Pot
I have been informed about the information
pertaining to the following policies:
Please initial below:
Set Up
Caterer
Insurance
Alcohol Service
Clean Up
The applicant accepts the facilities for which this application is made in an "AS IS" condition. 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 anyway
attributable actually, allegedly or impliedly, in whole or in part to the use of facility by user, whether or not there is
concurrent passive or active negligence on the part of City or City Personnel. All obligations under this provision
are to be paid by the user as they are incurred by the City. The "Facility Use" Policy is incorporated here in
reference. The applicant is responsible for knowing its content, and by signing this contract it is deemed to have
accepted the terms and conditions of the Facility Use Policy.
\lame of Licensee. Staff Signature:
_icensee Signature, Title:
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
Civic Center
880 South Lemon Avenue, Walnut, CA 91789
Telephone. (909) 444-3443 Fax: (909) 444-3437
nasal trteTlnN FOR IISF OF SC'I-IOOL FACILITIES
Reservation Number:
Denied: Date:
Approved: Date:
Organization or roup Name
From
E -Mail Address
Contact Name (Adult)
Day Phone
Evening Phone
Fax Number
Billing Address
Saturday
City
State
Zip Code
School Site Requested or Destination for Transportation
Sunday
School Site Second Choice
Areas) Requested:
[] Classroom (# ) 0 Gym 0 Track [] Tennis Courts (# )
[] Multi -Purpose Room 0 CafeteriaiKitchen 0 Stadium E] Bus (# )
[� Performing Arts Theater Athletic Field(s) [] Other
Date:
Date:
Monday
From
To
Friday
From To
Tuesday
From
To
Saturday
From To
Wednesday
From
To
Sunday
From To
Thursday
From
To
Is the meeting open to public.
Number Expected
Will there be an admission charge, solicitation or collection?
YES
NO
Adults Youths
YES NO
If yes, for what purpose?
room ser up
HOLD HARMLESS, INDEMNITY, DUTY TO DEFEND
Applicant had an opportunity to inspect and accepts the premises and facilities in their present condition and stipulates that the premises and
facilities are in clean, safe, and usable condition. Applicant accepts the premises "as is" and assumes all risks of any condition of the property,
whether visible or not. Applicant agrees to protect, defend, indemnify, save, and hold harmless the Walnut Valley Unified School District, its Board
of Education, the Individual members thereof, and all officers, agents, employees, and representatives free and harmless from any and all liability,
loss, damage, cost or expense in any way connected with Applicant's use or occupancy of the premises and facilities. Applicant shall, at its own
cost and expense, procure and maintain during the entire period of use of the premises and facilities comprehensive general liability insurance
issued by a qualified insurer licensed to do business in the State of California or a self-insured program, acceptable to the District, with a
combined single limit of $1,000,000 per occurrence. Such insurance shall name the District, its Board of Trustees, the individual members thereof,
employees and representatives as additional insureds. It is understood that Applicant's liability is not limited to the Applicant's policy limits.
Applicant understands that this provision is a material term of the permit for use of the premises and facilities.
In the event Applicant fails to perform in accordance with the preceding paragraph, or otherwise breaches any other provisions of the permit for
use of the premises and facilities, Walnut Valley Unified School District shall be entitled to recover all legal fees, costs, and other expenses
incident to securing performance or incurred as a consequence of nonperformance.
DUTY TO INSPECT, REPAIR, AND WARN
The Parties agree that the District makes no representations or warranties as to the repair or condition of the facilities which lessee is entitled to
use hereunder, lessen takes such property and facilities as is. The parties further agree that it shall be the lessee's obligation, not Districts, to
assure that the property and facilities are in a proper and safe condition to be used for the purpose anticipated herein; that it shall be the lessee's
obligation and duty, not the District's, to inspect such property and facilities before they are used and to take affirmative steps to repair, or where
necessary, warn, in order to prevent injury to person or property; and in the event such injury does occur, any claim arising therefrom shall trigger
lessee's indemnity and defense obligations hereunder.
On behalf of the organization applying for the use of school facilities, the undersigned hereby accepts and agrees to comply with all
rules and regulations of the Board of Education of the Walnut Valley Unified School District pertaining to the use of school facilities
including, but not limited to all terms and conditions listed on both sides of this application for Use of School Facilities.
Signature Title or Office
PLEASE ALLOW 3 TO 4 WEEKS FOR APPLICATION APPROVAL
White - Civic Center Yellow - Accounting Pink - User
Date
POMONA UNIFIED SCHOOL DISTRICT
Business Services - Civic Center Use of Facilities
1460 E. Holt Avenue, Suite 6
Pomona, CA 91767
Telephone: (909) 397-4711 ext. 6143
Sports Related Events & Ed Center
Application and Permit for Use of Facilities
DATE OF APPLICATION:
Description of Event
Organization or Group Name
Contact Person_ Day phone
Billing address_ Evening phone
Fax number
City State
Zip
School Site Requested:
Area Requested: 13 Auditorium
0 Classroom
1] Multipurpose
❑ Parking tot
Dates Needed:
Beginning Date: —
Indicate days and tirnes needed.-
eeded.Sunday
Sundayfrom
to
Monday from
to
Tuesday from
to —
Reserve/Inv #:
Application complete:
Custodian:
On Schedule: yes
Insurance verified: yes
Use of Facilities Dept. Approval
0 Cafeteria/Kitchen O Athletic Field(s) 0 Gymnasium
0 Other Number of Fields
Ending Date:
Wednesday from to
Thursday from to
Friday from to
Saturday from to
Please indicate room set up and equipment needed (chairs, tables, etc.)
Number expected: AdulEs, Youths Admission charged? Yes or No If yes, for what purpose?
NOTES:
CERTIFICATE OF LIABILITY INSURANCE REQUIRED, SEE ITEM NO. 1 ON REVERSE FOR MORE DETAILS.
no
no
Conditions for use:: Payment in full of the estimated cost is due two weeks prior to the event. Payment must be in the form of a money
order, cashier's check or cash. No personal checks will be accepted. If payment in full is not received two weeks prior
to event, approval to use the facility will not be given. (See reverse for other conditions of use.)
Applicant Initial
Cancellation Policy: To cancel, notify the Civic Center Use office in writing at least 48 hours prior to event. Failure of an organization to
provide this notice to the District will result in the organization being billed for the meeting at the fee schedule rate.
The Pomona Unified School District reserves the right to cancel such use for any event by giving a 24-hour notice to
the group ordinarily using the facility at that time.
Applicant Signature
school site use only
Facility available on date(s) requested: yes no
Authorizing signature
Comments (if any):
PLEASE ALLOW 2 TO 3 WEEKS FOR ArrLICA ry10N ArFKOVAL
date
ADDITIONAL CONDITIONS FOR USE
1. Certificate of General Liability Insurance ($2,000,000 per occurrence) naming the Pomona Unified School District as an
additional insured, with an Additional Insured Endorsement Vaae must be attached to this application unless an up-to-date
certificate: is already on file in the Civic Center Use Department Office. The certificate must be received in the facilities
office one; week prior to the event.
2. School property shall be protected from any damage or mistreatment and applicant shall be responsible for the condition in
which they leave the school building, grounds, and total campus (if applicable). In case school property is damaged, the cost
thereof shall be paid by the applicant. This shall be grounds for cancellation of use permit. This condition is in accordance of
Education Code Section 38134.
3. The school property for use of which application is hereby made will not be used for the commission of any crime, any act
which is prohibited by law or any act intended to further any program or movement the purposes of which is to accomplish
the overthrow of the government of the United States. All individuals, groups or organizations in their use or occupancy of
school property, shall comply with all applicable laws, rules and regulations. Any use contrary to or in violation of any law,
rule or regulation shall be grounds for cancellation of the permit and removing the users from the property any may bar such
individual, group or organization from further use thereof. (Education Code Section 38133 et.seq.)
4. All functions shall close by 11:00 p.m. unless special permission is secured in advance from the Assistant Superintendent,
Business Services.
5. No intoxicants, narcotics or smoking shall be permitted on school property, nor shall profane language, quarreling, fighting
or gambling be allowed. Violation of this rule by any organization during occupancy shall be sufficient cause for denying
further use of the school facilities to the organization. Board Policy 3513.3.
6. Custodial, service is required any time the building facilities are in use. The assigned custodian shall be responsible for
verifying the group's authority to use the facility; for making necessary arrangements to accommodate the meeting; for
cleaning and returning the facilities to proper condition for school use; for reporting any deviations or departures from Board
regulations; and the custodian shall perform all services in a friendly and helpful manner. The custodian shall not open any
facilities until the sponsor or director of the activity has arrived. Custodial charges will be additional when the custodian is
not normally on duty.
7. Putting up or storing decorations or scenery or moving pianos or other furniture is prohibited unless special written
permission is granted by the Assistant Superintendent -Business Services. All scenery and decorations must be in accord with
the regulations of the fire marshal.
8. Nothing may be sold, given, exhibited or displayed on school property without permission entered on the use permit.
9. Only the Board of Education may pay District employees for service rendered in behalf of an organization using school
facilities. No group, organization, or individual may donate a gift to anyone as a consideration for services performed while
on duty as an employee of Pomona Unified School District.
10. The District reserves the right to revoke a permit at any time.
11. The use of buildings or grounds is limited to the locations entered on the permit and necessary access and parking areas and
does not include the use of equipment except as entered on the permit.
Signature
Applicants Signature required for Processing
date
Use of School Facilities PROPOSED
E (C) 1330
POMONA UNIFIED SCHOOL DISTRICT
STATEMENT OF INFORMATION
The Undersigned states that to the best of his or her knowledge, the school property for
use of which application is hereby made will not be used for the commission of any act
intended to further any program or movement the purposes of which is to accomplish the
overthrow of the government of the United States by force, violence or other unlawful
means.
That the organization on whose
behalf he or she is making application for use of school property, does not, to the best of
his or her knowledge, advocate the overthrow of the government of the United States or
the State of California by force, violence, or other unlawful means, and that, to the best of
his or her knowledge, it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney General of the United
Stat. -s. This statement is made under the penalties of perjury.
(Signed) (Date)
(Name of organization, if applicable)
The Board may require the furnishing of additional information, as it deems necessary to
make the determination that the use of school property for which application is made
would not violate Education Code Section 38135.
Any person applying for the use of school property on behalf of any society, group or
organization shall be a member of the applicant group and unless he or she is an officer
of the group, must present written authorization from the applicant group to make the
application.
The Board may, in its discretion, consider any statement of information or written
authorization made pursuant to the requirements of Education Code Section 338136 as
being continuing in effect for the purposes of said Section for the period of one-year from
the date of the statement of information or written authorization.
POMONA UNIFIED SCHOOL DISTRICT
Pomona, California
PRESENT
E (A) 1330
Use of School Facilities
'INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
a) ("Licensee"), indemnifies, and agrees to defend,
with counsel chosen by District, and hold harmless the POMONA UNIFIED SCHOOL
DISTRICT, its board members, officers, employees, agents and representatives from every claim
or demand made, from every liability, loss, damage, or expense, of any nature whatsoever, which
may be incurred by reason of the following:
b) Death or bodily injury to persons, loss of or injury to property, or any loss, damage or
expense which may have been sustained by the District or any persons, firm or corporation
employed by or the representative or agent of the District upon or in connection with the activity.
called for in this agreement.
c) Any injury to or death of persons or damage to property, any loss or theft sustained by
persons, firms or corporations including the POMONA UNIFIED SCHOOL DISTRICT, its
board members, officers, employees, agents and representatives arising from any act of neglect,
default, omission, violation of law, negligence or willful misconduct of the Licensee
or any person, firm or corporation employed by or the representative or agent of the Licensee,
either directly, indirectly, or by independent contract and attributable in connection with the
activity covered by this agreement, on or off District property.
d) The Licensee indemnifies, and at its own expense, cost and risk, shall defend, with counsel
chosen by the District, any and all actions, suits or other proceedings that may be brought or
instituted against the District, its board members, officers, employees, agents or representatives
and shall pay or satisfy any such claim, demand, liability or judgement rendered against the
District, its board members, officers, employees, agents, or representatives in any action, suit or
other proceedings as a result of the activity called for in this agreement and further agrees to
waive all rights of subrogation against the District. The POMONA UNIFIED SCHOOL
DISTRICT assumes no responsibility whatsoever for any property placed on its property or in its.
facilities.
e) The provisions of the Article do not apply to any damage or losses caused solely by the
negligence or the District or any of its officers, agents or employees.
ACTIVITY:
FOR THE LICENSEE USER:
Legal Name:
(please print)
Authorized Agent:
(signature)
Address:
Telephone:( )
Date:
FOR THE SCHOOL DISTRICT:
Claudia Hartsman
Civic Center Act Support Specialist
Pomona Unified School District
Pomona Unified School District
Fiscal Services
Use of Facilities
GYMNASIUM USE AGREEMENT
Gymnasiums are. scheduled annually by Fiscal Services, Facility Use in two periods, January through June, and July
through December. Requests must be submitted two months prior to use request.
• Floors must be dust mopped before and after every activity with the treated dust mop. Push dust mop WITH the
grain of the wood. Shake mop periodically at the end of the gym to remove soil. After the entire floor has been
dust mopped, pick up loose soil with broom and dust pan and empty into trash container. NOTE: DO NOT
leave dirt in piles at the ends of the gym.
• Do not leave: treated dust mops standing on floor as this could transfer oil treatment to the floor, causing it to be
slippery.
• Door mats must be cleaned periodically. Make sure these mats are placed in front of each doorway.
+ Gum or candy of any kind needs to be cleaned immediately. Use cold water or the special gum solution. Do not
use a knife or bladed instrument to scrape the floor.
+ Food and drinks are PROHIBITED inside the gym.
• No tape shall be used on gym floors.
• Gym may be: closed due to renovation.
• Use may be superseded by scheduled school activities.
• Smoking is :PROHIBITED in Pomona Unified School District's facilities and on District's grounds.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds
in an "as is" condition. Hazards or other problems must be reported immediately to School Police at (909) 397-
4800 x3785 or (909) 629-7797, Fiscal Services, Facility Use, during the next working day at (909) 397-4711
X6143.
• Failure to adhere to the rules may result in loss of gym privileges or fines and/or penalties.
I have read and understood these rules and agree to abide by them during gym use/league play.
Name of Licensee Group
Signature of Representative
Civic Center Act Support Specialist
Date
Date
Pomona Unified School District
Pomona Unified School District
Fiscal Services
Use of Facilities
BASEBALL/SOFTBALL FIELD AGREEMENT
Baseball fields are scheduled annually by Fiscal Services in two periods, March 1 through June 30, and July 1 through November 30.
Requests must be submitted two months prior to use. Annually, fields will not be scheduled during designated months (to be
determined) in order to prepare fields for high school league play. This agreement is to be completed and signed annually by the
Licensee. A copy of the completed form is to be submitted to Fiscal Services, Facility Use.
• Vehicles are prohibited on fields because of the risk to sprinkler damage and may cause ruts.
• Vehicles must be parked in designated parking spaces only.
• Runways may only be "HAND DRAGGED".
• Dirt fills must be BRICK DUST ONLY and must be arranged through the District Grounds Supervisor.
• "PEPPERING" (hitting balls against the fence) is PROHIBITED.
• When fields or runways are flooded, use is PROHIBITED and brick dust should be raked.
• When dragging the infield, vehicles must not be driven over grass area. When dragging is complete, lift drag up off the ground
when leaving the area. This prevents loss of brick dust and build up along rim of grass.
• At the end of all games, pitching mound and home plate must be filled and raked.
• Sprinkler heads may not be filled by Licensee under any circumstances.
• Sprinkler controls should not be touched or tampered with. Requests for timers, etc. must be reported to Grounds Department at
(909) 397-4800 0918.
• Mowing of grass is the responsibility of PUSD Grounds Department.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds in an "as is"
condition. Hazards or other problems must be reported immediately to School Police at (909) 397-4800 x3785 or (909) 629-7797,
and to Fiscal Services, Facility Use, during the next working day at (909) 397-4711 x6143.
• Portable toilets are required at the expense of the Licensee.
• Athletic field i.tsers may mark the fields with chalk only; use of weed oil, paint or any other substance, toxic or otherwise, is
prohibited by law and may result in a penalty imposed by the South Coast Air Quality Management District as well as a loss of
facility/ground use privileges.
• Tenant Users are responsible for trash pickup and removal after each facility use. Failure to leave the facility clean may result in
a custodial fee assessment to the Licensee.
• Fields may be closed due to renovation - Licensee will be notified.
• Smoking is PROHIBITED on District's grounds.
• Failure to adhere to the rules may result in loss of privileges or fines and/or penalties.
I have read and understood these rules and agree to abide by them during gym uselleague play.
Name of Licensee Group
Signature of Represernative
Civic Center Act Support Specialist
Date
Date
Pomona Unified School District
Fiscal Services
Use of Facilities
Pomona Unified School District
SOCCERNOOTBALL FIELD USE AGREEMENT
Soccer fields are scheduled annually by Fiscal Services, Civic Center Use of Facilities, in two periods, March 1 through June 30 and
July 1 through November 30. Requests must be submitted two months prior to use.
• Special care must be taken when moving goals to avoid damage to sprinkler heads and water pipes. Dragging goals from one area
to another is PROHIBITED. Goals must be picked up by hand when moving them.
• Athletic field users may only mark the fields with chalk created specifically for sports fields; use of weed oil, paint or any other
substance, toxic or otherwise, such as "Lime," is prohibited by law and may result in penalty imposed by the South Coast Air
Quality Management District as well as a loss of facility/grounds use privileges.
• Vehicles are not to be driven on fields, because of risk to sprinkler heads and rut damage. Parking is restricted to designated
spaces only. Overflow should be directed to street parking.
• When fields are flooded, use is PROHIBITED.
• Sprinkler damage must be reported to Grounds Department at (909) 397-4800 x3918.
• Sprinkler controls should not be touched or tampered with. Goals must be put away after each days use away from sprinkler
heads. Requests for timers, etc. must be reported to Grounds Department, (909) 397-4800 x3918.
• Mowing of grass is the responsibility of PUSD Grounds Department.
• Lifting of fences or climbing of the fences into private yards is PROHIBITED. Damages caused by this activity will be charged
to the Licensee.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds in an "as is"
condition. Hazards or other problems must be reported immediately to School Police at (909) 397-4800 x3785 or
(909) 629-7797 and to Fiscal Services, Facility Use, during the next working day at (909) 397-4711 X6143.
• Portable toilets are required at the expense of the Tenant User.
• Tenant Users are responsible for trash pickup and removal after facility use. Failure to leave the facility clean may result in a
custodial fee assessment to the Tenant User.
• Fields may be closed due to renovation - Users will be notified.
• Smoking is PROHIBITED on District's grounds.
• Failure to adhere to the rules may result in loss of privileges or fines and/or penalties.
I have read and understand these rules and agree to abide by them during field use/league play.
Name of Licensee Group
Signature of Representative Date
Civic Center Act Support Specialist Date
cc: Grounds Department
PERMIT FOR SALE AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT
CITY OF DIAMOND BAR FACILITIES
Permitee Information
Name of Applicant:
Address:
Organization:
Park/Facility/Area Requested:
List two (2) Alternates
Date Requested ^ Hours: From to
Verification
TYPE: VERIFIED BY DATE
A.B.C. License
Security Deposit Amount $
*Insurance Amount $
**Peace Officer - Number Required
Other (specify)
*Proof of required insurance coverage must be presented thirty (30) days prior to the event.
"Proof such as a receipt from a private security company must be presented thirty (30) days prior to the event.
------------------------------------------------------------------------------------------------------------------------------
APPROVALS
Commander, Walnut/Diamond Bar Sub Station Date
City Manager _ Date
Comments:
Draft: May 16, 2006 City Council Meeting
City of Diamond Sar 40 Park, Athletic and Facility Use Policies & Procedures
CONDITIONS OF ALCOHOLIC BEVERAGE PERMIT
1. The sale and/or consumption of alcoholic beverages must be limited to the premises where
the special event is to be held and to the participants in the event who may consume such
beverages; and
2. The authorization to sell alcoholic beverages must not conflict with the contractual rights of
City concessionaires;
3. The special event must be one in which the participants will not engage in swimming,
boating or the operation of motorized vehicles or equipment or other similar activities.
4. The applicant/organization also agrees to obtain the appropriate license from the California
Alcoholic Beverage Control Board (ABC) and comply with all license and operating
requirements of the ABC, federal, state and local laws; and to
5. Assign one or more employees of the City or other persons approved by the City, to the
special event as required for monitoring purposes and to make appropriate reimbursement for
the cost of that assignment; and
6. Provide at the applicant/organization's expense the number and type of peace officers
determined by the City Manager and local law enforcement to be necessary for security at the
special event; and
Promise to indemnify, defend and save harmless the City, it's agents, officers and employees
from and against any and all liability expense, including defense cost and legal fees and
claims for damages of any nature whatsoever including, but not limited to, bodily injury,
death, personal injury or property damage arising from or connected with the special event;
and
S. Provide and maintain a policy of $1,000,000 minimum liability coverage (City Manager may
require additional coverage upon determination by the City's Risk Manager that the event
warrants increased coverage); and
9. Provide in advance of the event, a security deposit of $50 per 100 persons or increment
thereof, from which extraordinary City expenses for maintenance, repair, or replacement
arising from the permitee's use of the facilities shall be deducted.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 41 Park, Athletic and Facility Use Policies & Procedures
City of Diamond Bar
Community Services Department
PROFESSIONAL TENNIS
INSTRUCTOR PERMIT APPLICATION
NAME:
ADDRESS:
PHONE #:
SIGNATURE:
I.D.:
Exp.Date:
(CA. Driver's License or State I.D. #)
Use of a tennis court for private or semi -private lessons for a fee (up to two students with one
instructor) is permitted only if the instructor obtains a permit from the City of Diamond Bar and
complies with all tennis court rules.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 42 Park, Athletic and Facility Use Policies & Procedures
Your child is participating in a youth sports program in the City of Diamond Bar. We are a community whose goals are to
promote the self-esteem of all players just for participating, regardless of individual athletic ability or the final score of any
athletic contest. Your role as a spectator has a significant impact upon the success of our program. Therefore, we need
you to fully understand and completely accept the standards of behavior which are detailed below.
1 pledge to dernonstrate positive support for all players, coaches, officials, parents, and staff members at all games
and practices.
a 1 pledge to never make negative comments about the game officials, coaches, or players because I understand that
negative comments are destructive and will only result in damaging a child's motivation and ruining their athletic
experience. __
1 pledge to encourage my child and all players by using only words of praise and to refrain from yelling out instructions
as this will only confuse players as they look for direction from their coach.
1 will be a positive role model and set an example of good sportsmanship for the youth of this community by treating
all players, coaches, officials, fans, and staff members with courtesy and respect.
1 will place the emotional and physical well being of my child and all other children ahead of my personal desire to
win.
a I understand that children play sports to have fun, make friends, and to learn new skills, therefore I will praise effort as
well as execution in order to keep sports in the proper perspective.
1 will support the game officials at all times, even if I do not agree with a call, because their presence is to make the
game safe, fun, and fair for the children that are playing.
1 will remember that the game I am attending is for the players and not for me or any other spectator.
a 1 will support a sports environment for my child that is free from drugs, tobacco, and alcohol and will refrain from their
use at all games and events in the City of Diamond Bar.
a I understand that any and all my actions are subject to review by the administrators of this sports league.
I fully understand and completely accept the standards of behavior outlined previously. My initials by each
standard and signature below will serve as my public acknowledgment of my unconditional agreement with each
standard contained in the Parent's Code of Ethics. I realize that if at any time my behavior becomes non-
compliant with any of the standards contained in the Parent's Code of Ethics, I may be asked to immediately
terminate both my participation and my child's participation in the youth sports program in the City of Diamond
Bar.
Name of Child/ren
Printed Name
PARENT'S CODE OF ETHICS.01
Division Date
Signature
Draft: May 16, 2006 City Council Meeting
City of Diamond Sar 43 Park, Athletic and Facility Use Policies &Procedures
City of Diamond Bar
Stfilhlh Version
(Deleted) (Added)
Park, Athletic and Facility Use
Policies and Procedures
Draft —City Council Meeting
Meeting —May 16, 2006
Diamond Bar Community Services Department
21825 Copley Drive
Diamond Bar, CA 91765-4178
Diamond Bar Recreation Services: 909.839.7070
PARK, ATHLETIC AND FACILITY USE POLICIES AND PROCEDURES
Table of Contents
I. GENERAL INFORMATION ..................................... ...................................................... I
A. Statement of Policy
B. Park and Athletic Facilities Available
C. Definitions
D Qualifying User Groups in Descending Order of Priority
II. RESERVATION POLICIES AND PROCEDURES....................................................56
A. Parks/Picnics
B. Athletic Facility Use & Alk�:,wces
C. Variances and Grievances
III. FEES............................................................................................................................4-e1z
A. Athletic Facilities with Lights
B. Athletic Facilities without Lights
C. Concession Stand Policy
D. Restrooms/l ills
F,. Other
IV. RULES AND REGULATI:ONS.......
...............................................................4 416
A. General
B. Insurance/Inle�mif c�tttii
C. Traffic and Parking
D. Public Address System Use Policy
E. Maintenance
F. Inclement Weather Use Guidelines and Procedures
G. Tennis Court Rules
V. RESERVATION POLICIES FOR HERITAGE PARK..................................22
COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM
VI. ATTACHMENTS........................................................................................................2533
A. Park Reservation Request Forms & LJse ;kgr.,ee ent
B. Walnut Valley Unified School District Facility Request Foran
C. Pomona Unified School District Facility Request Fbl' c AA.g Dement
D. Permit for sale and/or consumption of Alcoholic Beverages i Publie at.C>ity
Facilities
E. Professional Tennis Instructor Permit Application
F. Parents Code of Ethics/Sideline Demeanor A '400
I. GENERAL INFORMATION
A. STATEMENT OF POLICY
The City of Diamond Bar, Community Services Department, coordinates the use of all City
parks and athletic facilities available to organizations and the general public for cultural, social,
and recreational activities and programs. The City attempts to accommodate all requests for use
of City .facilities with the limited amount of park space available. The continued increase in
demand for use of park and athletic facilities makes it necessary to emphasize sharing in the use
of facilities. The allocation of athletic facilities is determined at bi-annual facility organizational
meetings of the user groups and the City, where cooperation is essential. These policies and
procedures are designed to facilitate the safe, efficient and equitable use of City facilities.
The role of the City of Diamond Bar Parks and Recreation Commission is to provide input to the
City Council and Community Services Department regarding policies and procedures for use of
park facilities and operation of programs. The Commission works to ensure that the programs
and facilities offered meet the needs of the community and that access to them is as economically
feasible as possible. Fees, when charged, are used to offset public expenses to operate, maintain,
supervise and administer the use of the park and athletic facilities.
The Commission is responsible for the initiation, review and recommendation of plans for the
acquisition and improvement of park lands and facilities and to recommend program
improvements or additions when necessary. The Commission takes into consideration present
and future needs of the Community and recommends plans to meet those needs.
When making recommendations, the Commission considers the needs of the entire community,
without bias toward special interest: groups.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 1 Park, Athletic and Facility Use Policies & Procedures
B. PARK AND ATHLETIC FACILITIES AVAILABLE
1. City -owned Parks
PARK
Heritage Park
Maple Hill Park
Pantera Park
Carlton J. Peterson Park
Ronald Reagan Park
Starshine Park
Sumrnitridge Park
Sycamore Canyon Park
ADDRESS
2900 S. Brea Canyon Road
1355 S. Maple Hill Road
738 Pantera Drive
24142 E. Sylvan Glen Road
2201 S. Peaceful Hills Road
20839 Starshine Road
1425 Summitridge Drive
22930 Golden Springs Drive
2. Walnut Valley Unified School District Owned/City Operated Park
Paul C. Grow Park/Quail Summit Elementary - Quail Summit Drive & Highbluff Road
3. Pomona Unified School District Owned Facility
Lorbeer Middle School 501 Diamond Bar Boulevard
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 2 Park, Athletic and Facility Use Policies & Procedures
Park Facility o� �y0 e.
,a
Amenities e �� Q� Gac �o
Barbecues • • i •• •
Baseball Fields /
(Lighted) 1 2 2
Baseball Fields 2 1 1
(Unlighted)
Basketball Courts
(Lighted) 3 1
Basketball Courts 1
(Unlighted)
Meeting Facilities • !
Parking Spaces 10 36 35 160 48 33 0 25 70
Picnic Tables • • ! • /\
(Covered)
Picnic Tables ! • • • • • i !
Restrooms • • ! • • • • M/W
Soccer/Football 1 2 1 T�
Tennis Courts 3 2 3
Tot Lot • • i • ! • • i
Trails
Total Acres 5 3.4 4 15.5 9 6 2 6 4
Paul C. Grow- 23281 E. Forest Canyon Drive Ronald Reagan - 2201 S. Peaceful Hills Road
Heritage - 2900 S. Brea Canyon Road Starshine - 20839 Starshine Road
Maple Hill - 1355 S. Maple Hill Road Summitridge - 1425 SummAndge Drive
Pantera - 738 Pantera Drive Sycamore Canyon - 22930 E. Golden Springs Drive
Carlton Peterson - 24142 E. Sylvan Glen Drive
For parks information, contact the Community Services Department at 909 839.7060
For picnic reservations, call 909.839.7068 and for ball field information call 909.839.7072.
C. DEFINITIONS
Hazardous Activities - Any activity that is defined by the State of California, the City's
insurance provider or Risk Manager to be hazardous.
User Groups - Qualifying non-profit youth or adult athletic organization that use athletic
facilities for seasonal use.
One -Time User — Any person, company or organization that requests use of a park, or
portion thereof, for a single day of use.
D. QUALIFYING USER GROUPS - DESCENDING ORDER OF PRIORITY
Group A - City of Diamond Bar sponsored activities.
Grroup-:D - Diamond Bar residents' non-commercial functions and/or activities not open to
the general public.
Group E - Diamond Bar based commercial, industrial or professional groups, using the
facility for a non-profit purpose.
Group F- Other tax -supported public agencies.
G�roc�p - Non Diamond Bar residents or commercial groups.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 4 Park, Athletic and Facility Use Policies & Procedures
The private commercial use of City Parks for profit and private gain is prohibited. Qualifying
User Groups that conduct fundraising tournaments, clinics or other peripheral events must
receive 100% of the earned funds from the participants of the event and pay for all expenses
through the organizations's regular debt process. Otherwise, the event will be considered a
private commercial use of City parks for profit and private gain and will be prohibited.
Note Use of a tennis court for private or semi -private lessons for a fee (up to two students with
one instructor) shall not be considered a private commercial use within the meaning of this
policy.
City of Diamond Bar
Draft: May 16, 2006 City Council Meeting
5 Park, Athletic and Facility Use Policies & Procedures
II. RESERVATION POLICIES AND PROCEDURES
A. PARKS/PICNICS
Requests to reserve the City's park facilities are made through the Community Services
Department of the City of Diamond Bar, 21825 Copley Drive. The office phone number is
909.839.7068. Note: Reservations are required for all groups of 30 or more persons to
utilize City parks and picnic facilities.
1. Picnic Facilities
a. Any person or group wishing to reserve a picnic facility must submit an Application
for Use of Facilities at least 14 days but not more than one year prior to the event or
activity. Each reservation is subject to the approval of the City on a first come, first
serve basis.
The Application includes the name of the responsible individual and/or organization,
date, time, park area to be used and the number of people expected to be in
attendance.
b. Reserved use of picnic facilities requires payment of reservation service fee as
perscribed in Park Fees Resolution # 93-67A as adopted by the City Council. There
isne i,425100 rental fee for Diamond Bar residents and there is a $25.00fee
for f .._ ,ours of -use for non -Diamond Bar residents.
c. Any person or group with 30 - 10( or- fnere people in attendance wishing to reserve
facilities must submit a refundable clean-up deposit of $50.00 at least 14 days prior to
the event or
d. Any person or group with 50 or more people in attendance wishing to reserve
facilities must comply with City insurance requirements per Section V.F. Proof of
the effective Policy must be deposited with the Community Services Department at
least 14 days prior to the event or activity.
e. The City reserves the right to require that any group or person obtain security through
the Los Angeles County Sheriffs Department at events that could create traffic and/or
safety concerns at the sole expense of that group or person.
f No campfires, liquid fluids or charcoal fires are allowed except in barbecues provided
or with permit issued by City.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 6 Park, Athletic and Facility Use Policies & Procedures
2. Overnight use of City parks is available by permit through the Community Services
Department with a fifteen (15) day notice. Only Diamond Bar based non-profit
organizations may reserve the park for overnight use. Proof of Insurance must be
presented to the City as set forth under Insurance requirements for use of City facilities.
3,
It is the responsibility of the requesting organization to:
a. Maintain appropriate adult chaperones.
b. Notify the Sheriffs Department of an overnight campout.
c. Request Sheriff patrols during the campout.
3, Tennis/Basketball Court Use
a.. The Tennis and Basketball courts located on City parks are available for use on a first
come, first serve basis and may not be reserved, except for City activities or for non-
profit athletic programs, as approved by the City.
b. The use of Tennis/Basketball court area for concession facilities is prohibited.
c. The use of Tennis/Basketball court areas for skating of any kind is prohibited, except
for locations specifically designed for this type of use, with City approval.
d. Use of a tennis court for private or semi -private lessons for a fee (up to two students
with one instructor) is permitted only if the instructor obtains a permit from the City
of Diamond Bar and complies with all tennis court rules set forth on page 19. See
Page 36 for tennis instructor permit application.
B. ATHLETIC FACILITIES USE LtiC°A TII' )P1()�
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 7 Park, Athletic and Facility Use Policies & Procedures
a. Priority . ;the fcilc�r�ng vill be 6nsxdred int the1ctitn ctf rquted factlttes
2) pFaetie ts are the secand priority, fellowming game and maintenance
needs:
2) o
;Number �f participantsh,are Diarnoitl Bar istdrrts.
3) Previous Seascirt' llocati n sghedule
b. The allocation and assignment of dates, times and areas for use of City Parks is the
sole control of the City. Areas under School District jurisdiction will be scheduled by
the School District. it eenjunetion with the City. Athletic facilities at Lorbeer Middle
School are sgheculed )? the City.
Any changes or additions to park assignments must be submitted in writing and
approved by the City, prior to the scheduled event.
2. Procedures
a. Users requesting league or ongoing use of City athletic facilities must submit a
request on appropriate City or School forms. An Application for Use of City
Facilities must be completed for use of City facilities (See attachments for document
sample). All requests for School District facilities, except for outdoor athletic
facilities at Lorbeer Middle School, are to be submitted on School District request
forms (see attachment for samples of School District request forms).
b. Occasional or one time only use requests must be submitted on an Application for
Use of City Facilities at least 14 days prior to requested facility use. Required Fees
must be paid at time of request submittal. Fees are listed in Park Fees Resolution #
93-67A as adopted by the City Council.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 8 Park, Athletic and Facility Use Policies & Procedures
c. All requests will be reviewed by City staff.
d. All field requests from user groups must be submitted ley ay dextined date
May and 'loveabet of eCh;;ye proceeding the period in which fields will be
utilized. Forms must be signed by the president or official designee of the
organization's Board.
f
Requests for seasonal use by non-profit athletic organizations will be reviewed and
assigned in June for each year for the period of August through December, and in
December for the period of January through July. A facility organizational meeting
will be held in June and December to assign the facilities. Each user requesting
facilities during the applicable period must send a representative. If a user group
requesting use of facilities does not send a representative, they may lose their priority
rating for scheduled use of facilities.
g. No user group will be given an approved permit for facility use until the following
documents have been submitted:
1) Complete list of names, address and telephone numbers of the current Board of
Directors or designated officials.
2) Proof of current non-profit status with the Internal Revenue Service and State of
California.
3) Master calendar of events, which includes, but is not limited to:
- Registration dates, tryouts (date, time and place)
- Date practice begins, practice slot schedules
- Opening day schedule/Closing Ceremonies
- Date/times league games (start/finish)
- Tournament dates (required to host)
4) Total Number of players, proof of Diamond Bar residency and number of teams.
5) One copy of the Certificate of Insurance listing the City of Diamond Bar as
additional insured, in the amount approved by the City (as specified in Facility
Use Agreement).
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 9 Park, Athletic and Facility Use Policies & Procedures
6) All deposits as required
h. Leagues anticipating a split to form a new league or individuals planning to organize
a new sports program must apply to the City at least one year prior to the estimated
starting date. This will provide the necessary time to study the impact of the new
program on existing facilities.
Youth Sports Organizations are required to collect a signed "Parents Code of Ethics"
form from each parent/guardian with a child enrolled in the program. Forms must be
incorporated into the registration process and retained by the organization for the
duration of the season. Failure of the youth sports organization to properly collect and
enforce the "Parents Code of Ethics" could result in the organization's loss of
privilege to use City owned and/or operated facilities. (See attachment for sample of
"Parents Code of Ethics" form).
3. Athletic Field Storage Facilities
a_ Storage facilities are made available free of charge to local seasonal user groups. A
refundable deposit will be charged for the use of storage facilities.
b. All user equipment must be stored in an orderly manner.
c. Upon conclusion of seasonal play, all equipment must be removed within fourteen
(14) days or a cleanup fee, based on actual expenses incurred and overhead, will be
charged. If equipment is not claimed within thirty (30) days it will be confiscated and
disposed of as prescribed by law.
d. Equipment stored in the facility is not the responsibility of the City. Unnecessary
equipment stored in the facility may be removed at the user group's expense.
4. Athletic Field Lining/Marking
a. All lining/marking of athletic fields must be done with chalk or water-based paint.
b. The burning of fields with the use of weed killer, diesel fuel or any other method is
prohibited on City owned property including park athletic fields.
c. Any user failing to comply with this policy is responsible for all costs related to the
repair of damages to the facility and is subject to termination of facility use permit.
C. VARIANCES AND GRIEVANCES
A user group may request a variance or submit a grievance to the stated procedures by
completing the following:
1. 'Variance
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 10 Park, Athletic and Facility Use Policies & Procedures
a.. Submit a letter detailing why a variance is requested to the Director of Community
Services.
b. Appropriate staff members will review the letter and make a recommendation.
c. If staff decides not to grant a variance; the group may appeal to the Parks and
Recreation Commission User Group Sub -Committee within ten (10) days after
written notification of staffs decision.
d. The user group will be responsible to request a variance thirty (30) days in advance of
the scheduled event to allow for adequate staff review.
2. Grievance
a. Submit a letter detailing the grievance and recommendations on how to improve the
conditions.
b. Staff will review the grievance and submit a response letter to the group.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 11 Park, Athletic and Facility Use Policies & Procedures
III. FEES
A. ATHLETIC FACILITIES WITH LIGHTS
1. All fees are set by the City Council through a Resolution.
a. All City sponsored events/activities, along with Diamond Bar based certified non-profit
youth and adult sports groups, civic, service and fraternal organizations are allowed the
use of lighted facilities at City parks free of charge. Proof of non-profit status must be
submitted to, and be on file with the City prior to scheduled use.
b. Non City of Diamond Bar based or occasional one-time only users will be charged for the
use of lighted facilities at the approved flat hourly rate of $12.00 per hour for light usage,
with a two hour minimum use, and each additional hour or fraction thereafter. Lighted
Facilities charge begins '/z hour prior to sunset.
c. The hourly light use fee will be evaluated each January, and if necessary, will be adjusted
accordingly.
d. User must turn off lights after use and shall not depend on the automatic timer. User that
leaves lighted facility with lights still on after use will be subject to $250 fine for the first
offense and $500 for each subsequent violation in the same calendar year. Prior to
approval for use of lighted facility, user must sign an agreement that states its
responsibility for turning off lights prior to vacating lighted facility. The City may deny
use of lighted facilities to any user that does not sign agreement or leaves the ballfield
lights on after the conclusion of the scheduled activity more than twice in one calendar
year.
2. Fees for use of Lorbeer Middle School are charged to non-resident users based on the actual
costs incurred by the City for: electricity, restrooms, trash removal and any other costs
charged by the Pomona Unified School District. Fees are listed in Resolution No. 93-67A.
3. Deposits
a. A refundable deposit of $100 is required for use of ballfield lights. This deposit
will be used to pay for ballfield lights left on upon conclusion of the activity. The
deposit will also be used to reimburse the City for physical damages, trash pick-
up and wages paid to City personnel called to turn off ballfield lights or pick-up
trash.
b. All one-time users are required to submit a deposit in advance from which
ballfield light charges are deducted, along with any additional cost the City may
directly or indirectly incur from their use. Amount of deposit will be determined
by staff and is based on the fees charged for light use. Recommended deposit is
$50 per field used, plus light use charges.
4. Light Billing
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 12 Park, Athletic and Facility Use Policies & Procedures
a. All light users are responsible for reporting actual hours of use to the Community
Services Department within two working days after scheduled use. The City shall
deduct ballfield light and related costs specified from the deposit and refund the
balance, if applicable.
b. User groups are provided the light box combination or key by the Community
Services Department. The combination or keyed lock may be changed
periodically. This usually occurs at the conclusion of the season.
5. Light Usage
a. Upon approval of a request to use ballfield lights, the applicant will be issued a
combination or key to access the switch to the ballfield lights.
b. Ballfield lights at Peterson, Heritage and Lorbeer automatically turn off at 10:00
p.m. Ballfield lights at Pantera automatically turn off at 9:00 p.m. Therefore, the
area used should be cleaned, equipment stored and participants cleared from the
facility prior to the scheduled shut off time.
B. ATHLETIC FACILITIES WITHOUT LIGHTS
1. Diamond Bar residents, City sponsored events/activities, and Diamond Bar based
certified non-profit youth and adult sports groups, civic, service and fraternal
organizations receive use of unlighted facilities free of charge. Users of Lorbeer
Middle School are charged for actual costs incurred by the City for restrooms, trash
pick-up and any other costs charged by the Pomona Unified School District. Proof of
non-profit status must be submitted to, and be on file with, the City prior to scheduled
use. Use subject to availability. Park and picnic facilities are available for reserved
use. For reservation information, see section II, paragraph A.
2. Non City of Diamond Bar based, occasional or non-resident one-time only users are
charged for the use of facilities at the approved flat hourly rate of $5.00 per hour, per
field used, with a two hour minimum use, and each additional hour or fraction
thereafter. Fees are set by the City Council through a Resolution and are subject to
change without notice.
3. Insurance is required for all groups of 50 or more people or for any activity in which
the City deems that insurance is necessary. The insurance must name the City as an
additional insured and the policy must be a minimum of $1,000,000 general
Aggregate limit liability or an amount that the City determines appropriate for the use
requested. Special events insurance is available through the City and can be
purchased by the participating group.
4. A refundable cleanup deposit may be required for all groups that reserve use of a City
park.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 13 Park, Athletic and Facility Use Policies & Procedures
C. CONCESSION STAND POLICY
1. The primary user of the park facility will receive primary use of the Concession
Stand. All other use will be approved by Staff and the User Group Sub -
Committee (i.e. special activities).
2. The primary User must abide by all Health and Safety standards and regulations
and be available for :inspections by the Health Department and/or staff.
3. A refundable $100 deposit is charged for the use of the Concession Stand.
4. The user group shall be responsible for the cleaning of the Concession Stand
(sweeping, trash removal, wiping counters) after each use.
5. Keys are issued to the User Group for the Concession Stand and can not be
duplicated. The cost associated with the loss of keys will be deducted from the
deposit.
6. Damage to the Concession Stand or broken equipment, due to misuse, or the
facility being left unlocked, will be deducted from the deposit.
7. The deposit will be forfeited if stored material, with the exception of City owned
capital equipment (refrigerator/microwave), is not removed within fourteen (14)
days of completion of the season or activity. The facilities must be cleaned and
all capital equipment disconnected from electrical outlets (except refrigerator). All
capital equipment not removed from the facility at the end of the season is the
responsibility of the City.
8. The City, accompanied by the scheduled user group, will conduct an inspection of
the facilities at the conclusion of the fourteen (14) day period to insure
compliance to guidelines for use.
9. The user group is responsible and liable for loss or damage to any items brought
in to the concession stand.
10. Adult supervision must be maintained at all times. Children under the age of
thirteen (13) are not allowed to work in the Concession Stand.
D. RESTROOMS/FIELDS
1. Facilities, including restrooms and fields utilized, must be cleaned of rubbish and debris
immediately following the scheduled use each day.
Draft: May 16, 2006 City Council Meeting
City of Diiamond Bar 14 Park, Athletic and Facility Use Policies & Procedures
2. A cleanup fee, based on actual direct and indirect expenses incurred is charged to users
that do not clean rubbish and debris related to their use.
3. Fees are charged for portable restrooms required for use of Lorbeer Middle School ba d
cit aoi oleos t 6 ire Cit
E. OTHER
Diamond Bar based non-profit organizations may use City parks for commercial
activities/events to raise funds to support community service programs and activities in
the City of Diamond Bar.
a. Requests must be submitted sixty (60) days in advance of the date of the
activity/event and will be considered by the City's parks reservation personnel with
input from the Parks and Recreation Commission User Group sub -committee.
b. Qualifying user groups who conduct such events must receive 100% of the earned
funds (or pay them over to another Diamond Bar based qualifying organization) from
the participants of the event and pay for all expenses through the organization's
regular debt payment process.
2. The private commercial use of City parks for profit and private gain is prohibited. Uses
that do not meet the criteria stated in III.E. Lb. shall be considered private commercial use
of City parks for profit and private gain and will be prohibited.
3. Use of a tennis court for private or semi -private lessons for a fee (up to two students with
one instructor) shall not be considered a private commercial use.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 15 Park, Athletic and Facility Use Policies & Procedures
IV. RULES AND REGULATIONS
A. GENERAL
Alcoholic beverages are not allowed in City parks Diamond Bar Municipal Code
12.00.280). There is a special event policy/procedure for sales and/or consumption of
alcoholic beverages at City park facilities (see attachment).
2. Cancellations
a. The City of Diamond Bar may cancel the use of park facilities for cause or
convenience, which includes but shall not be limited to:
1. When the City is engaged in work involving any of the facilities scheduled to be
utilized.
2. When the health anal/or safety of participants is threatened due to impending
conditions, including but not limited to, heavy rains, unhealthful smog levels or
other such climatic conditions.
It has been determined by the City that the applicant has not complied with the
City park reservation policies.
b. Should a user group wish to cancel a scheduled activity, notification must be made to
the City at least 24 hours prior to such scheduled use.
B. INSURANCE / INDEMNIFICATION
1. I:f a user group or one time user of 50 people or more is involved in an activity where the
City deems insurance to be necessary (i.e. sporting, hazardous events, or company
picnics) the responsible person shall procure, pay for and maintain in full force and
effect, with regard to any such event, a combined Comprehensive Personal Liability and
Property Damage Insurance Policy with limits of not less than $1,000,000 or any other
amount that staff deems appropriate for the use requested. Proof of insurance must be
submitted prior to useage.
2. The USER of the park agrees that it will indemnify and hold the CITY and its elected
officials, officers, agents, and employees free and harmless from all claims for damage to
persons or property by reason of USER's acts or those of USER's employees, agents,
guests or invitee in connection with USER's use and/or occupancy of the facilities. User
must sign City provided indemnification form to use facilities.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 16 Park, Athletic and Facility Use Policies & Procedures
3. Further, the City of Diamond Bar, its elected officials, officers, agents or employees
thereof, shall be designated as additional insured under such policy.
4. Any such insurance policy must include the requirement of a thirty (30) day written
cancellation notice to the City.
5. Proof of the effective Policy must be deposited with the Community Services Department
at least 14 days prior to the first scheduled use of the facility.
6. The City has Special Event Insurance coverage available that may be purchased, at the
sole cost of the applicant, for an event which takes place on City owned property.
Contact the Community Services Department for further information.
C. TRAFFIC AND PARKING
1. The user group must assure that participants and spectators utilize public parking areas
and park only in marked stalls.
2. No vehicle(s) will be allowed on City park or ltoolttrie property, or outside public
parking areas, except those designated for parks r schod maintenance or specifically
permitted by the City or School Di$tffi t.
3. Requests for use of streets for parking that are marked with "No Parking" signs must be
made with Public Works 909.839.7040.
D. PUBLIC ADDRESS SYSTEM USE POLICY
1. Organized/Scheduled Athletic Events
a. Sound amplification equipment is allowed in City parks, but is limited to public
address systems, stereo equipment, stationary/portable components and bullhorns,
subject to the provisions of the City Noise Ordinance.
b A group must submit a request in writing for use of a public address system, prior to
the event, including the purpose and placement of the equipment, to receive approval
from staff.
c. Public address system use is permitted only between the hours of 10:00a.m. -
9:30p.m. daily.
d. Failure to comply with the above requirements by user groups could result in one or
more of the following:
i. First Offense - Verbal warning followed by written communication.
ii. Second Offense -Loss of public address system use privileges by the organization
for the remainder of the season, immediately following the offense.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 17 Park, Athletic and Facility Use Policies & Procedures
3. General Park Use
a. Sound amplification equipment is allowed in the City's parks, but is limited to
public address systems, stereo equipment, stationary/portable components and
bullhorns, subject to the provisions of the City Noise Ordinance.
b. No person or group shall use any public address system in any of the City's parks
without first submitting a request in writing and receiving approval from the
Community Services Department. If staff is required to monitor the event, all direct
and indirect expenses will be charged to the User.
c. The proposed use of the public address system must not unreasonably interfere or
disturb surrounding residences, nor shall the use of the public address system detract
from or interfere with the general public's use and enjoyment of the park.
d. Public address system use is allowed only between the hours of 10:00a.m. - 9:30p.m.
daily.
e. The direction of the public address system's speakers must be directed toward activity
spectators and away from the surrounding residential areas.
f. Failure to comply with the above requirements will result in immediate disconnection
of the public address system and forfeiture of deposit.
E. MAINTENANCE
1. The City will maintain or cause to be maintained the parks for public use.
2. Field Maintenance
a.. All maintenance such as field preparation, lining of the fields, setting of base stakes,
installation of goal posts is to be performed by the user assigned to the facility as per
written agreement between the City and the user.
b. Each user is responsible for the facility being free of trash or debris.
c,. Users are requested to report any damage or acts of vandalism to the Community
Services Department or Sheriffs Department immediately. It is the policy of the City
of Diamond Bar to prosecute to the fullest extent possible any individual committing
acts of vandalism (Sheriffs Department 909.595.2264 or 911 in cases of emergency).
3. Motorized Vehicle Use
a. Motorized vehicles are permitted on the City parks for the preparation of athletic
fields, upon approval of the City.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 18 Park, Athletic and Facility Use Policies & Procedures
b. Each user group must designate the drivers, not to exceed 4, at least 21 years or
older, who will drive the designated and approved motorized vehicle for dragging
the fields or other such related activities.
c. Each designated driver will be required to attend a training session, conducted by
the Community Services Department, on the proper method of dragging infield
areas and related safety matters.
d. Each user group is allowed to drag the fields with a designated approved
motorized vehicle once a day. The dragging of fields between games must be
done by hand. The use of a motorized vehicle between games will not be
permitted. Fields may be prepared with a motorized vehicle only between the
hours of: 7:00am — 9:00pm daily.
C. Special request for motorized vehicle use to drag fields shall be made in
writing.
f. Failure to comply with the motorized vehicle use policy can result in the
termination of the scheduled organization's permit to use such vehicle(s) for
the preparation of the fields for the remainder of their scheduled use of such
facilities.
4. Modifications
Any requests to modify or improve City facilities shall be submitted for approval to the City
of Diamond Bar. No permanent structures or equipment shall be placed and/or erected on
City facilities unless reviewed and recommended by the Parks and Recreation Commission
and approval by the City Council is granted. The modifications must be dedicated for
community use.
5. Closure
An annual Parks Maintenance Program is submitted to the Parks and Recreation
Commission each fiscal year for review and comment. Such Maintenance Program
shall include the following:
a. Scheduled closure of parks for more than seven (7) consecutive days.
b. Closure of athletic field(s) for one day recovery periods. Closure dates
shall be coordinated by the Community Services Department with user
groups.
6. Park Restroom Policy and Schedule
a. Park restrooms are unlocked daily at 8:00a.m. and remain open until the
park closes.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 19 Park, Athletic and Facility Use Policies & Procedures
b. Special restroom access is available upon request to the Community
Services Department 909.839.7060. Restrooms are open for all City
recreation programs.
F. INCLEMENT WEATHER USE GUIDELINES AND PROCEDURES
1. Guidelines
a. No use of City athletic fields is allowed when facilities are unusable
due to inclement weather as determined by the City.
b. Any user failing to comply with established guidelines and proper
notification is subject to claims for all direct and indirect damages and
potential termination of facility use permit.
2. Procedures for Notification
a. The City is responsible for determining if field conditions alter the
availability of their use.
b. User must contact the Weather Hotline at (909) 612.4636 x1714 after
2:00 p.m. Monday through Friday, and after 9:00 a.m. on weekends
and holidays to receive City's determination of facility availability.
Estimated Cost for Damage Repair or Turf
Users are charged for all direct and indirect costs incurred by the City for repair of the
turf and/or irrigation systems due to failure to comply with the rain policy. Repair
costs are based on actual expenses and normal City overhead. Failure to comply with
the inclement weather policy can also result in the termination of user's facility use
permit.
G. TENNIS COURT RULES
1. The ethics of tennis and sportsmanship shall prevail.
2. When others are waiting and no courts are available, use of a court (for
play, lessons or otherwise) is limited to one hour of use and then must be
relinquished by all persons using the court to the first person waiting for
that court.
a. Courts may not be held by one person alone
b. Priority of right to use the court shall be established by the placing
of a racquet on the number board. Waiting players shall remain in
person at the court desired and shall be physically present to take
possession of the court when relinquished.
3. Courts may be reserved only for approved tournaments or club play by
securing permission in writing from the City. All tennis court reservation
requests for group use must be received at least two weeks in advance of
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 20 Park, Athletic and Facility Use Policies & Procedures
requested date. Such reserved courts shall be designated in writing by
authorized City staff.
4. Use of a tennis court for private or semi-private lessons for a fee (up to
two students with one instructor) is permitted only if the instructor obtains
a permit from the City of Diamond Bar and complies with all tennis court
rules set forth. herein.
5. Only persons wearing tennis shoes shall be allowed on the tennis courts.
No street shoes, no wheeled shoes and no wheeled vehicles of any type
may enter the tennis courts.
6. Pets are not permitted at any time on the courts.
7. City staff's interpretation and application of the above rules shall govern
the use of the tennis courts.
Draft! May 16, 2006 City Council Meeting
City of Diamond Bar 21 Park, Athletic and Facility Use Policies & Procedures
V. RESERVATION POLICIES
FOR
HERITAGE PARK COMMUNITY CENTER
AND
PANTERA PARK ACTIVITY ROOM
A. The following procedures and fee schedules are annually reviewed by the Parks and
Recreation Commission and approved by the Diamond Bar City Council. They regulate
the use of City -owned facilities, including the Heritage Park Community Center,
c e Canyeii Pafk pei4able b:tilding, and Pantera Park Activity Room. Equipment
n
City of Diamond Bar facilities, under the management of the Community Services
Department, are available to the public for activities and programs that meet the needs
and interests of the community. The City of Diamond Bar has established these rental
fees and services, based upon cost of maintenance, utilities, supervision and/or other
direct costs.
The City retains the right to control and operate the facility's heating, air conditioning and
common use areas, in a manner deemed best for the City. User must insure that all
required codes are met.
B. PURPOSE OF THE USE POLICY
C. DEFINITION OF TERMS
M
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 22 Park, Athletic and Facility Use Policies & Procedures
D ; �GRt]►�]P PRIORI'' RAT Ilv+
C CRQLTP C
City of Diamond Bar
Draft: May 16, 2006 City Council Meeting
23 Park, Athletic and Facility Use Policies & Procedures
E.
a. No fee is charged for board, general membership meeting
or registration activities, if conducted during normal hours of
operation. If meeting is held after normal hours of operation,
weekend or City observed holiday, a fee is charged for staff hours
required to-epen apse to operate the facility during the event.
All other events shall be charged according to the fee schedule.
Said events include activities for which there is a charge and/or
which are not open to the general public (fund raiser, luncheons
and award ceremonies). A cleaning deposit is required for all
events. .,e fiyitie , at whieh re&esh . ents are seEved.
b. Organizations that are authorized to use school district
facilities per Education Code 38134 shall be eligible to use City
facilities only after effort has been made to secure a comparable
school district facility, and none is available.
*Note - Each resident non-profit organization will be allowed one use for
fundraising purposes per calendar year where room rental fees are waived.
D GAUP, Private eyes cosiUied by,aarnondil3arresientsr
APPlJCATION P ODC_U,'
1.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 24 Park, Athletic and Facility Use Policies & Procedures
4 _ The' ax
5 Re erg! it n m be!ma di, nth„ea er;t�
MOP a limit
m v Gd
Grol�ps HTp to stn' J, ' "6 €dv
Gaup � Up i� te1��,{��� m�,rith� in,�dvaric�;
8:
21
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 25 Park, Athletic and Facility Use Policies & Procedures
12. L7se,traay tic denied and the appltcatw re,�e.cted Of, .e b. owrnreasa s':
I'.
C
F. That ;any or regulation is v ,ated ley a n, eili led 'use<
G That aCtathercvenalreael, sehculel;c�r the;�eastcd dale;
I. That the app�can, tvxc be caret a scheduled evein:h
1 k
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 26 Park, Athletic and Facility Use Policies & Procedures
*:Vote - Each resident non-profit organization will be allowed one use for
fundraising purposes per calendar year where room rental fees are waived.
3
.,i ieh . of pr -.,fit oriented.
I
.
—
■Pr
■----
=M
-
_MIM.
FFM
Mr. E■
•
premp.T
_
_
a�AWN ■
■
- -
■-MUM•
■
_
■
_
*:Vote - Each resident non-profit organization will be allowed one use for
fundraising purposes per calendar year where room rental fees are waived.
3
.,i ieh . of pr -.,fit oriented.
I
.
—
■Pr
■----
=M
-
i •
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 27 Park, Athletic and Facility Use Policies & Procedures
E. A eleaning deposit is reqttifed of all Y -ental groups and may not be applied toward r -ental
fu
fees. Deposits are paid timA Of vesen'atieff and are re ndable if the facility an&OF
Depaftment. Users are r-espensible fef affy and all damages to pfeperly Of for- the less e
pFop efty, plus an additional 15' ever -head charge.
LIABILITY AND INSURANCE
2. All;"of user's rt ur tice shah:;
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 28 Park, Athletic and Facility Use Policies & Procedures
efthe apphe er- vai event whieh,takes pjaee
review and appr-eval by the City.
on City ev,%emseFty.Eentaet the
1; All users o tl e" fact lW-SliAl't rl� tire "arta'
rlsi ire _ at.th�
-
......IwoSMET"T.
.12111PWOMEN
2. All;"of user's rt ur tice shah:;
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 28 Park, Athletic and Facility Use Policies & Procedures
efthe apphe er- vai event whieh,takes pjaee
review and appr-eval by the City.
on City ev,%emseFty.Eentaet the
1; All users o tl e" fact lW-SliAl't rl� tire "arta'
rlsi ire _ at.th�
2. All;"of user's rt ur tice shah:;
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 28 Park, Athletic and Facility Use Policies & Procedures
�.. Shallbe "datef acur ence'a>her to �`" Insiaraxace'
F`.
�ryp� y
The Yat 3 lzc;iSS plrust.nclu-day zii I�
eacate o£�nsal� The110
tr €� ]fndrt�ire ther1ri inor>s
,certrflcates a br": t l n 5 l r is
C.Gi r# C te" trrust .be ; " 0 g na i , ccs e 1; ( cepteci
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 29 Park, Athletic and Facility Use Policies & Procedures
5. :
R1
G. LIQUOR REQUIREMENTS
r.r�.�eereer
- -
�-
ME rt Ommm a, Own
r.r�.�eereer
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 30 Park, Athletic and Facility Use Policies & Procedures
- -
�-
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 30 Park, Athletic and Facility Use Policies & Procedures
"Q,lecloi" rfrs�n be!agkat clns ay,ot af:cohci
___
B 1�lcola�tl hal gat se i t� ots a�'d iris �T tt OM,
mnmr ax�c eoe pns�d cox ttAh
et��aty
xmlxaedlately anc fgfetr,�1 redblpol
. a1c.-. cif th;rQori
fees':
C �n�ur�es ruse to aaystrfcxhc1� b�eages heing
serve'"dlor coos�e o f "I'h i aiex�p r�si l
of the Qranaao�1,s ho,s
D .. Perms1or� toerioot sha�1lr f� y event where tiie
maUc�rtyt �n ate wflll -be Wider VNe:g� of
E A �coh M�i sated nnr ccsued outside oite roora� aiaprraei
fnr use
, 1cnh zr1a not se nd rinr ansu d ix� tli : iat w tho t
natainngpeei,;cahal;°rm � appy h t,.e"t j`vf,oir�mttnr
Services`:
G License Rgtrel exatfien �ichais o„e1)
i Ian sale �r re$
Jnr ddn c�aho�r Pia tted
T�iollft! TO,
co ofov fctlt
use MWOW fir flus
I:[cen'e4
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 31 Park, Athletic and Facility Use Policies & Procedures
. The' seryie of alchal, a any events„mc to. mai t� five .C5 hours;
- - -3—Iffilpy"M MOM
P. Event staff or- seetifity wili be i-equifed at all events held at faeilities listed in paFagr-aph
are eithef being sen,ed er- sold. Ra�e faf event stagwill be a4 ettfrepA pr-evai ling wage and
will ,
Deputies.event may require City staff-, Seetitity Guafds or- Sher-iWs DepaAment
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 32 Park, Athletic and Facility Use Policies & Procedures
2
3'
4..We6l
5.
I. GEN)HRAL' (3FERA1II�TG iGV�' ON
1. The private commercial use of City parks for profit and private gain is prohibited.
2. Facility Reservations staff shall have the right to relocate or reassign meeting rooms as
it deems appropriate, at the same or reduced rental fee, but not more than what would
have been charged per the room schedule.
3. Reservations may be revoked at any time whenever there has been a violation of
approved Rules and Regulations.
4, The City of Diamond Bar will not rent, lease or allow use of its public facilities by any
person or organization for a public meeting that precludes participation by any disabled
person.
5. City equipment shall not be removed from any facility.
6. Smoking is prohibited in all public meeting rooms per California Indoor Clean Air Act
of 1976 and City Council Resolution No. 93-66A.
7. Special events or requests not covered in the above policy must be submitted in writing
and will be reviewed by the City to determine appropriate use, fees and services.
$„ Licensed catered food service is required at the Heritage Park Community Center.
Exceptions to catered service must have prior approval from Community Services
Department. NO COOKING IS ALLOWED IN THIS FACILITY.
9. No signs or decorations may be taped, nailed or otherwise attached to walls, windows,
ceilings or drapes unless decoration and the method of attachment is approved by City
staff. No rice, bird seed, confetti or other similar items are allowed to be thrown in or
around any facility. No open flames, or candles, in e, f litti6 are allowed.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 33 Park, Athletic and Facility Use Policies & Procedures
10. Signs, placards, pictures, advertisements, names or notices shall not be inscribed,
displayed, printed or affixed on to any part of the outside of any facility without prior
approval by City staff.
1 I. All emergency doors on the premises shall be locked when facility is not in use. All
door openings to public corridors shall be kept closed except for normal ingress and
egress.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 34 Park, Athletic and Facility Use Policies & Procedures
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 35 Park, Athletic and Facility Use Policies & Procedures
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 36 Park, Athletic and Facility Use Policies & Procedures
r pump
_% MWAVIVEMOR."
- -IN01W
Wal WIN, W
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 36 Park, Athletic and Facility Use Policies & Procedures
—Theptir—pose of this _--__..ef:a :dtRi .s to set forth theor-iter-iaallewing . i a r
ebtaining appfeval,
T
must be deemed appfepr-iate based upon specific or-iteria and eeiiditions and the spensefs
must obtain a valid pefmit fieffi the City.
14 is intended that the eurrent City Code restrietions against aleeholie beverages in pa
F
Yi
E) Fganizatiefls,
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 37 Park, Athletic and Facility Use Policies & Procedures
•
•
•
Mm E_
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 37 Park, Athletic and Facility Use Policies & Procedures
4 The sale and,'Ew consuffiption of the aleeholie beverages must be limited to the
ffemises where the speeial event is to be held and to the putieipffints in the
event, whe may legally consume sueh beverages.
The special
other -similar-
LLL LLL
_
paftieipants will not
A.3 The City Manager-
r-equested after-
will seleet
eensidefing
an apprepriate faeility
the established selection
for the event and time
f requested date aad
rc
]
feasible, the f4eilities
indicated by the appheant as
liilS�aaR�
4 The sale and,'Ew consuffiption of the aleeholie beverages must be limited to the
ffemises where the speeial event is to be held and to the putieipffints in the
event, whe may legally consume sueh beverages.
The special
other -similar-
event must
etiy ties
be one in whiek the
paftieipants will not
A.3 The City Manager-
r-equested after-
will seleet
eensidefing
an apprepriate faeility
the established selection
for the event and time
f requested date aad
rc
]
feasible, the f4eilities
indicated by the appheant as
4.4 City Manager- wi!! give final appfeval eentingent upon the appheant providing
proof ef having fflet all the r-equir-emefAs listedunder- Seetiali 3.() This proof mus
be provided fifteen (15) days prior- to the seboduled event. The or-iginals ef all
decuments vvill-be =maned by the City. C >, l,
����e�-yes-��4��c0� a �,a t�t�e
applicaRt.
Draft- May 16, 2006 City Council Meeting
City of Diamond Bar 38 Park, Athletic and Facility Use Policies & Procedures
VI. ATTACHMENTS
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 39 Park, Athletic and Facility Use Policies & Procedures
ll DL1110N'D
CITY OF DIAMOND BAR
Community Services Division
21825 Copley Drive
Diamond Bar, CA 91765
Phone 909.839.7073 * Fax 909.861.3117
Application for Use of City Facilities
(Complete one application per field) ___
Name of Facility: —
--
Field Desired: (Please pick one) ❑ Softball #1 0 Softball #2 0 Softball Lighted #1 I] Softball Lighted #2 0 Crass Diamond
0 Dirt Diamond 0 Upper Ball Field ❑ Lower Soeeer/Football 0 Soccer # 1 ❑ Soccer #2 ❑ Soccer/Football Field Lighted
0 Basketball Courts ❑Picnic Shelter ❑Upper Picnic Shelter ❑ Lower Picnic Shelter 0 Other
Organization/Business: Contact Name:
Sunday
Address:
am/pm
Day Phone: { ) Evening Phone: ( )
E-mail address:
Estimated Attendance or Participants: Adults Minors Total
Open to the Public: Yes ❑ No ❑
AdmissionlDonation or other Charge? Yes 0 No ❑ If yes, amount & explanation
Tuesday
Specific Purpose of Use/Details of Activity:
amlprn
Certifcate of Insurance * ($1,000,000): ❑ City Special Event Insurance
(attach)
LI Private Insurance
DAY
DATES
START TIME
END TIME
Sunday
to
am/pm
am/pm
Monday
to
am/pm
am/pm
Tuesday
to
amlprn
amlpm
Wednesday
to
amrpm
am/pm
Thursday
to
am/pm
amlpm
Friday
to
am/pm
ary/pm
Saturday
to
am/pm
awpm
HERITAGE PARK
Softball Diamond (Lighted)
Basketball Court
Picnic Area
MAPLE HILL PARK
Soccer Field
Basketball Court
Picnic Area
Softball Diamond 41
Softball Diamond #2
Soccer Field #1
Soccer Field #2
Basketball Courts (1, 2, 3)
PAUL GROW
Grass Diamond
Dirt Diamond
Soccer Field
AVATLIABLE FACILITIES
PETERSON PARK
Softball Diamond #1 (Lighted)
Softball Diamond #2 (Lighted)
Soccer Field #1
Soccer Field #2
Picnic Shelter #1
Picnic Shelter #2
RONALD REGAN PARK
Basketball Court
Picnic Shelter
SUMMITRIDGE PARK
Upper Ball Field
Lower Soccer/Football Field
SYCAMORE CANYON PARK
Softball Diamond
Lower Picnic Shelter
Upper Picnic Shelter
LOORBEER MIDDLE SCHOOL
Softball Diamond
Soccer/Football Field (Lighted)
`INSURANCE REQUIREMENTS: The City requires a Certificate of $1 million General Liability Insurance with an endorsement naming the City of Diamond Bar as
additional insured. The City offers Special Event Insurance it a group is unable to secure the necessary insurance, price determined by event. Insurance is
required for: Groups of 50 or more involved In an activity where the City deems Insurance to be necessary (i.e. sporting, hazardous events, or compan
picnics).
SECURITY DEPOSIT REQUIREMENTS: The City requires a refundable Security Deposit of $50.00 for events with 30 or more people in attendance. Security
Deposit refunds are processed in approximately 3 to 4 weeks, fess any charges incurred.
Non -Profit organizations ran request use of storage facilities and/or restroom keys. A $100 deposit is required for each requested item. 'Use of ball field lights
AGREEMENT
THE UNDERSIGNED hereby states, under penalty of perjury of the laws of the State of California, that (s)he
is the person duly authorized to make and sign this application, and that (s)he has read and understands the
Park, Athletic and Facility Use Policies and Procedures of the City of Diamond Bar pertaining to the use of
City park and recreation facilities. A copy of which is available upon request.
FURTHER, THE UNDERSIGNED ACCEPTS AND AGREES AS FOLLOWS:
• To comply with all laws, policies, rules and regulations of the City of Diamond Bar pertaining to the use of
City facilities and to hold the City of Diamond Bar harmless from any liability or damage to persons or
property which may occur due to such use.
• To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any expenses or loss incurred
by said City as a result of non-compliance with any of the approved terms of this permit.
• To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any loss or damage to City
Property caused by use of such property, ordinary wear, and tear expected.
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, whether or not
there is concurrent passive or active negligence on the part of City or City Personnel. All obligations
under this provision are to be paid by the user as they are incurred by the City.
Signature of Authorized Applicant Date
PARK REGULATIONS
• No Alcoholic Beverages are allowed in City Parks.
• The City of Diamond Bar may cancel the use of park facilities due to weather/condition of park.
• The applicant must assure that participants utilize public parking area and park only in marked stalls.
• No vehicle(,) will be allowed on City Park property.
OFFICE USE ONLY
FEES COLLECTED: REFUNDED FEES:
Non -Resident Fee
$
Deposit
$
Security Deposit
$
Less Adjusted Fees
$
Light Deposit
$
TOTAL REFUND
$
Key Deposit
$
Special Event Insurance
$
Processed By:
Date:
TOTAL FEES
$
Submitted for Approval: Date:
Received By: Date:
Refund issue Date:
City of Diamond Bar
Community Services Department
Athletic Facility User Group Meeting
SUPPLEMENTAL INFORMATION FORM
Name of Organization:
Sport:
Person Completing Form: Date:
Due to the large number of requests expected for facility use this year, the
following information is requested in order to comply with the Athletic Facility Use
Policies and Procedures. Thank you for your assistance in completing this form.
] . Is the organization registered as non-profit with the State of California?
❑ Yes ❑ No Tax I.D. #:
How many players do you expect to register?
2. How many teams are going to be formed?
3. What percentage of players are Diamond Bar residents?
(Team rosters may be required to verify percentage)
4. Has the organization submitted a Certificate of Insurance to the City of Diamond
Bar?
(Note: Certificate is required prior to facility usage) ❑ Yes
0 No
5. On what date do teams begin playing games?
6.. How many days per week may a team practice?
7. How many hours per day may a team practice?
8. Does your organization have open registration, or may players be "cut" from the
program?
❑ "Open" ❑ 'Cuts"
9. How does your organization deal with participants who are physically challenged
under the definition of the Americans with Disabilities Act (A.D.A)?
Priority Ranking:
(Per Athletic Facility Policies & Procedures)
�I DI11,�I0X71 BART
City of Diamond Bar
Community Services Division
21825 Copley Drive
Diamond Bar, CA 91765
909.839.7070
Application for use of Diamond Bar Facilities
Name/Responsible Person:
Name of Organ ization/Business:
Address:
City:...-..-- Zip:
Home Phone:
Cell Phone:
Requested Date(s):
Purpose of Use:
Time of use: Begin set up:
Cleanup hour:
Actual Event time: Start End
Total Number of Hours
Expected Attendance: Adults:
Youth: Total: Oen to Public?
Merchandise to be Sold? Yes/No
If yes, Give Specific Examples:
Alcohol Beverages to be Served?
Yes/No Sold? Yes/No
Facility Requested:
Heritage Park Community Center:
Entire Room: (A+B) Dining Capacity: 110
112 Room: (A) Dining Capacity: 60
112 Room: (B) Dining Capacity: 50
Classroom: Dining Capacity: 25
Pantera Park Community Center:
Dining Capacity: 50
THE UNDERSIGNED hereby states, under penalty of perjury of the laws of the State of California, that (s)he is the person duly authorized
:o make and sign this application, and that (s)he has read and understands the Park, Athletic and Facility Use Policies and Procedures of
.he City of Diamond Bar. A copy of which is available upon request.
FURTHER, THE UNDERSIGNED ACCEPTS AND AGREES AS FOLLOWS:
To comply with all laws, policies, rules and regulations of the City of Diamond Bar pertaining to the use of City facilities and to hold the
City of Diamond Bar harmless from any liability or damage to persons or property which may occur due to such use.
To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any expenses or loss incurred by said City as a result of
non-compliance with any of the approved terms of this permit.
To promptly, upon receipt of notice, reimburse the City of Diamond Bar for any loss or damage to City Property caused by use of such
property, ordinary wear, and tear expected.
ndemnification Clause --To the full extent permitted by law, user shall defend, indemnify and hold harmless City, its officials, employees
)nd agents, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
3xpenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense
.osts including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in
elation 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
'acility by user. All obligations under this provision are to be paid by the user as they are incurred by the City.
Facility Rental Rates:
Location
Hourly Room Rate
Hourly Room Rate
Cleaning Deposit
Attendance:
DB Resident
Non -Resident
$83.32
1-100
Current
Proposed
Current
Proposed
Current
Proposed
Rate
new rate
Rate
new rate
Rate
new rate
101-500
$342.13
Liquor Legal Liability: Alcoholic beverages served charge is $65.65 for each
day of service in Hazard I. Hazard II & III event require prior company approval.
Fees are subject to change.
Park
Heritage nity Center
Community
$47.50
$55.00
$53.50
$65.00
$200
$200
Entire Room (A + B)
Includes Kitchen
Heritage Park
Community Center (A)
$28.75
$35.00
$31.87
$45.00
$200
$200
Includes Kitchen
Heritage Park
Community Center (B)
$25.63
, $30.00
$28.75
$40.00
$200
$200
Heritage Park
Community Center Classroom
$22.50
$30.00
$25.63
$40.00
$200
$100
Pantera Park
Community Center
$22.50
$30.00
$22.50
$40.00:
$200
$100
Tenant User Insurance Premium Rates*:
Class I
17
Class If
Class II1
-s
Attendance:
(3)
1-100
$83.32
1-100
$122.46
- ._ - :
1-100
Premium.
$194.42
Sound system w/CD and tape player
20
Folding chairs
101-500
$116.15
101-500
$213.36
101-500
$342.13
Liquor Legal Liability: Alcoholic beverages served charge is $65.65 for each
day of service in Hazard I. Hazard II & III event require prior company approval.
Fees are subject to change.
*These fees are set by Carl Warren & Co. and are subject to change without notice.
Equipment List:
Heritage Park Community Center
(12)
72 inch round tables
(12)
30 inch x 96 inch rectangular tables
(3)
36 inch x 36 inch rectangular tables
115
Vinyl arm chairs
1
Podium with microphone
1
Sound system w/CD and tape player
20
Folding chairs
Pantera Park
(12) 30 inch x 96 inch rectangular tables
(50) Folding Chairs
Equipment listed is included in the room rental fee. You must
provide linens, cutlery and all other items. A replacement fee will
be assessed if equipment is damaged or destroyed.
- City of Diamond Bar
- Facility Rental Contract
Me;*, Heritage Park Community Center
Pantera Park Community Center
City of Diamond Bar hereby grants (hereinafter called the "Licensee"), permission
to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein all
:)f which for part of this Agreement.
1. Purpose of Use:
2. Datels of Use:
3. Facility Rented:
4. Time of Use: Set up time:
Facility Rental Fees:
Hours of Rental:
Cleaning Deposit -
Total:
Total Facility Fees:
Insurance:
Total:
Amount of Deposit Down:
Final Date Amount is Due:
Total Amount Due 30
days Prior to event:
Facility Room Rented
Actual event time: Start End Clean Up Hour:
Equipment Available at Heritage Park:
Flags
Podium with Microphone
Sound System with CD
and tape player
Projection Screen
TVNCRIDVD
Coffee Pot
I have been informed about the information
pertaining to the following policies:
Please initial below:
Set Up
Caterer
Insurance
Alcohol Service
Clean Up
The applicant accepts the facilities for which this application is made in an "AS IS" condition. 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, whether or not there is
concurrent passive or active negligence on the part of City or City Personnel. All obligations under this provision
are to be paid by the user as they are incurred by the City. The "Facility Use" Policy is incorporated here in
reference. The applicant is responsible for knowing its content, and by signing this contract it is deemed to have
accepted the terms and conditions of the Facility Use Policy.
Vame of Licensee:
_icensee Signature:
]ate:
Staff Signature:
Title:
Date:
WALNUT VALLEY UNIFIED SCHOOL DISTRICT
Civic Center
880 South Lemon Avenue, Walnut, CA 91789
Telephone: (909) 444-3443 Fax: (909) 444-3437
APPLICATION FOR USE OF SCHOOL" FACII MIFC
Reservation Number:
Denied: Date:
Approved: Date:
[] Classroom (# ) ❑ Gym Q Track Tennis Courts (# )
[] Multi -Purpose Room 0 Cafeteria/Kitchen Stadium Bus (# )
[] Performing Arts Theater Q Athletic Field(s) 0 Other
Monday From
To
Tuesday From To
Wednesday From To
Thursday From To
YES NO lAdults Youths
ndicate special equipment, arrangements, and room set up
nning Date:
Date:
Friday
From
To
Saturday
From
To
Sunday
From
To
,ill tnere be an admission charge, solicitation or
YES NO If yes, for what Duroos
HOLD HARMLESS, INDEMNITY, DUTY TO DEFEND
Applicant had an opportunity to inspect and accepts the premises and facilities in their present condition and stipulates that the premises and
facilities are in clean, safe, and usable condition. Applicant accepts the premises "as is" and assumes all risks of any condition of the property,
whether visible or not. Applicant agrees to protect, defend, indemnify, save, and hold harmless the Walnut Valley Unified School District, its Board
of Education, the Individual members thereof, and all officers, agents, employees, and representatives free and harmless from any and all liability,
loss, damage, cost or expense in any way connected with Applicant's use or occupancy of the premises and facilities. Applicant shall, at its own
cost and expense, procure and maintain during the entire period of use of the premises and facilities comprehensive general liability insurance
issued by a qualified insurer licensed to do business in the State of California or a self-insured program, acceptable to the District, with a
combined single limit of $1,000,000 per occurrence. Such insurance shall name the District, its Board of Trustees, the individual members thereof,
employees and representatives as additional insureds. It is understood that Applicant's liability is not limited to the Applicant's policy limits.
Applicant understands that this provision is a material term of the permit for use of the premises and facilities.
In the event Applicant fails to perform in accordance with the preceding paragraph, or otherwise breaches any other provisions of the permit for
use of the premises and facilities, Walnut Valley Unified School District shall be entitled to recover all legal fees, costs, and other expenses
incident to securing performance or incurred as a consequence of nonperformance.
DUTY TO INSPECT, REPAIR, AND WARN
The Parties agree that the District makes no representations or warranties as to the repair or condition of the facilities which lessee is entitled to
use hereunder, lessee fakes such property and facilities as is, The parties further agree that it shall be the lessee's obligation, not Districts, to
assure that the property and facilities are in a proper and safe condition to be used for the purpose anticipated herein; that it shall be the lessee's
obligation and duty, not the District's, to inspect such property and facilities before they are used and to take affirmative steps to repair, or where
necessary, warn, in order to prevent injury to person or property; and in the event such injury does occur, any claim arising therefrom shall trigger
lessee's indemnity and defense obligations hereunder,
rules and regulations of the Board of Education of the Walnut Valley Unified School District pertaining to the use oOn behalf of the organization applying for the use of school facilities, the undersigned hereby accepts and agrees to comply with all
fac
including, but not limited to all terms and conditions listed on both sides of this application for Use of School Facilf school ilities
fties.
ti+gnature
Title or Office
PLEASE ALLOW 3 TO 4 WEEKS FOR APPLICATION APPROVAL
White - Civic Center Yellow - Accounting Pink - User
Date
POMONA UNIFIED SCHOOL DISTRICT
Business Services - Civic Center Use of Facilities
1460 E. holt Avenue, Suite 6
Pomona, CA 91767
Telephone: (909) 397-4711 ext. 6143
Sports Related Events & Ed Center
Application and Permit for Use of Facilities
D
ATE OF APPLICATION:
Description of Event
Organization or Group Name
Contact Person Da hone
Billing
— yp
Evening phone
Fax number
City State Zip
School Site Requested:
Area Requested: ID Auditorium ❑ Classroom ❑ Cafeteria/Kitchen
Q Multipurpose ❑ Parking lot ❑ Other
Dates Needed:
Beginning Date: Ending Date:
Indicate days and tunes needed:
Sunday from to
Monday from to
Tuesday from to
Please indicate room set up and equipment needed (chairs, tables, etc.)
Reserve/Inv #:
Application complete:
Custodian:
On Schedule: yes no
Insurance verified: yes no
Use of Facilities Dept. Approval
❑ Athletic Field(s) ❑ Gymnasium
Number of Fields
Wednesday
from to
Thursday
from to
Friday
from to
Saturday
from to
Number expected: _ Adults, Youths Admission charged? Yes or No If yes, for what purpose?
NOTES:
CERTIFICATE OF LIABILITY INSURANCE REQUIRED, SEE ITEM NO 1 ON REVERSE FOR MORE DETAILS
Conditions for use: Payment in full of the estimated cost is due two weeks prior to the event. Payment must be in the form of a money
order, cashier's check or cash. No personal checks will be accepted. If payment in full is not received two weeks prior
to event, approval to use the facility will not be given. (See reverse for other conditions of use.)
Applicant Initial
Cancellation Policy: To cancel, notify the Civic Center Use office in writing at least 48 hours prior to event. Failure of an organization to
provide this notice to the District will result in the organization being billed for the meeting at the fee schedule rate.
The Pomona Unified School District reserves the right to cancel such use for any event by giving a 24-hour notice to
the group ordinarily using the facility at that time.
Applicant Signature
school site use only
Facility available on date(s) requested: yes no
Authorizing signature date
Comments (if any):
rl.r lv3E HLLV vv G I. U J VVl.k NN 11 VK AFFLIUA'I'IUN APPROVAL
ADDITIONAL CONDITIONS FOR USE
I. Certificate of General Liability Insurance ($2,000,000 per occurrence) naming the Pomona Unified School District as an
additional insured, with an Additional Insured Endorsement page, must be attached to this application unless an up-to-date
certificate is already on file in the Civic Center Use Department Office. The certificate must be received in the facilities
office one week prior to the event.
2. School property shall be protected from any damage or mistreatment and applicant shall be responsible for the condition in
which they leave the school building, grounds, and total campus (if applicable). In case school property is damaged, the cost
thereof shall be paid by the applicant. This shall be grounds for cancellation of use permit. This condition is in accordance of
Education Code Section 38134.
3. The school property for use of which application is hereby made will not be used for the commission of any crime, any act
which is ;prohibited by law or any act intended to further any program or movement the purposes of which is to accomplish
the overthrow of the government of the United States. All individuals, groups or organizations in their use or occupancy of
school property, shall comply with all applicable laws, rules and regulations. Any use contrary to or in violation of any law,
ruleor regulation shall be grounds for cancellation of the permit and removing the users from the property any may bar such
individual, group or organization from further use thereof. (Education Code Section 38I33 et.seq.)
4. All functions shall close by 11:00 p.m. unless special permission is secured in advance from the Assistant Superintendent,
Business Services.
5. No intoxicants, narcotics or smoking shall be permitted on school property, nor shalt profane language, quarreling, fighting
or gambling be allowed. Violation of this rule by any organization during occupancy shall be sufficient cause for denying
further use of the school facilities to the organization. Board Policy 3513.3.
5. Custodial service is required any time the building facilities are in use. The assigned custodian shall be responsible for
verifying the group's authority to use the facility; for making necessary arrangements to accommodate the meeting; for
cleaning and returning the facilities to proper condition for school use; for reporting any deviations or departures from Board
regulations; and the custodian shall perform all services in a friendly and helpful manner. The custodian shall not open any
facilities until the sponsor or director of the activity has arrived. Custodial charges will be additional when the custodian is
not normally on duty.
7. Putting up or storing decorations or scenery or moving pianos or other furniture is prohibited unless special written
permission is granted by the Assistant Superintendent -Business Services. All scenery and decorations must be in accord with
the regulations of the fire marshal
S. Nothing may be sold, given, exhibited or displayed on school property without permission entered on the use permit.
9. Only the Board of Education may pay District employees for service rendered in behalf of an organization using school
facilities. No group, organization, or individual may donate a gift to anyone as a consideration for services performed while
on duty as an employee of Pomona Unified School District.
10. The District reserves the right to revoke a permit at any time.
11. The use of buildings or grounds is limited to the locations entered on the permit and necessary access and parking areas and
does not include the use of equipment except as entered on the permit.
Signature
Applicants Signature required for Processing
date
Use of School Facilities
PROPOSED
E (C) 1330
POMONA UNIFIED SCHOOL DISTRICT
STATEMENT OF INFORMATION
The: Undersigned states that to the best of his or her knowledge, the school property for
use of which application is hereby made will not be used for the commission of any act
intended to further any program or movement the purposes of which is to accomplish the
overthrow of the government of the United States by force, violence or other unlawful
means.
That the organization on whose
behalf he or she is making application for use of school property, does not, to the best of
his or her knowledge, advocate the overthrow of the government of the United States or
the State of California by force, violence, or other unlawful means, and that, to the best of
his or her knowledge, it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney General of the United
States. This statement is made under the penalties of perjury.
(Signed) (Date)
(Name of organization, if applicable)
The Board may require the furnishing of additional information, as it deems necessary to
make the determination that the use of school property for which application is made
would not violate Education Code Section 38135.
Any person applying for the use of school property on behalf of any society, group or
organization shall be a member of the applicant group and unless he or she is an officer
of the group, must present written authorization from the applicant group to make the
application.
The Board may, in its discretion, consider any statement of information or written
authorization made pursuant to the requirements of Education Code Section 338136 as
being continuing in effect for the purposes of said Section for the period of one-year from
the date of the statement of information or written authorization.
POMONA UNIFIED SCHOOL DISTRICT
Pomona, California
PRESENT
E (A) 1330
Use of School Facilities
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
a) — ("Licensee"), indemnifies, and agrees to defend,
with counsel chosen by District, and hold harmless the POMONA UNIFIED SCHOOL
DISTRICT, its board members, officers, employees, agents and representatives from every claim
or demand made, from every liability, loss, damage, or expense, of any nature whatsoever, which
may be incurred by reason of the following;
b) Death or bodily injury to persons, loss of or injury to property, or any loss, damage or
expense which may have been sustained by the District or any persons, firm or corporation
employed by or the representative or agent of the District upon or in connection with the activity.
called for in this agreement.
c) Any injury to or death of persons or damage to property, any loss or theft sustained by
persons, firms or corporations including the POMONA UNIFIED SCHOOL DISTRICT, its
board members, officers, employees, agents and representatives arising from any act of neglect,
default, omission, violation of law, negligence or willful misconduct of the Licensee
or any person, firm or corporation employed by or the representative or agent of the Licensee,
either directly, indirectly, or by independent contract and attributable in connection with the
activity covered by this agreement, on or off District property.
d) The Licensee indemnifies, and at its own expense, cost and risk, shall defend, with counsel
chosen by the District, any and all actions, suits or other proceedings that may be brought or
instituted against the District, its board members, officers, employees, agents or representatives
and shall pay or satisfy any such claim, demand, liability or judgement rendered against the
District, its board members, officers, employees, agents, or representatives in any action, suit or
other proceedings as a result of the activity called for in this agreement and further agrees to
waive all rights of subrogation against the District. The POMONA UNIFIED SCHOOL
DISTRICT assumes no responsibility whatsoever for any property placed on its property or in its
facilities.
e) The provisions of the Article do not apply to any damage or losses caused solely by the
negligence or the District or any of its officers, agents or employees.
ACTIVITY:
FOR THE LICENSEE USER:
Legal Name:
(please print)
Authorized Agent:
(signature)
Address:
Telephone:( )
Date:
FOR THE SCHOOL DISTRICT:
Claudia Hartsman
Civic Center Act Support Specialist
Pomona Unified School District
Pomona Unified School District
Fiscal Services
Use of Facilities
GYMNASIUM USE AGREEMENT -I
Gymnasiums are scheduled annually by Fiscal Services, Facility Use in two periods, January through June, and July
through December. Requests must be submitted two months prior to use request.
• Floors must be dust mopped before and after every activity with the treated dust mop. Push dust mop WITH the
grain of the wood. Shake mop periodically at the end of the gym to remove soil. After the entire floor has been
dust mopped, pick up loose soil with broom and dust pan and empty into trash container. NOTE: DO NOT
leave dirt in piles at the ends of the gym.
• Do not leave treated dust mops standing on floor as this could transfer oil treatment to the floor, causing it to be
slippery.
• Door mats must be cleaned periodically. Make sure these mats are placed in front of each doorway.
• Gum or candy of any kind needs to be cleaned immediately. Use cold water or the special gum solution. Do not
use a knife or bladed instrument to scrape the floor.
• Food and drinks are PROHIBITED inside the gym.
• No tape shall be used on gym floors.
• Gym may be closed due to renovation.
• Use may be superceded by scheduled school activities.
• Smoking is PROHIBITED in Pomona Unified School District's facilities and on District's grounds.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds
in an "as is" condition. Hazards or other problems must be reported immediately to School Police at (909) 397-
4800 x3785 or (909) 629-7797, Fiscal Services, Facility Use, during the next working day at (909) 397-4711
X6143.
• Failure to adhere to the rules may result in loss of gym privileges or fines and/or penalties.
I have read and understood these rules and agree to abide by them during gym use/league play.
Name of Licensee Group
Signature of Representative Date
Civic Center Act Support Specialist Date
Pomona Unified School District
Pomona Unified School District
Fiscal Services
Use of Facilities
BASEBALL/SOFTBALL FIELD AGREEMENT
Baseball fields art. scheduled annually by Fiscal Services in two periods, March 1 through June 30, and July 1 through November 30.
Requests must be submitted two months prior to use. Annually, fields will not be scheduled during designated months (to be
determined) in order to prepare fields for high school league play. This agreement is to be completed and signed annually by the
Licensee. A copy of the completed form is to be submitted to Fiscal Services, Facility Use.
• Vehicles are prohibited on fields because of the risk to sprinkler damage and may cause ruts.
• Vehicles must be parked in designated parking spaces only.
• Runways may only be "HAND DRAGGED".
• Dirt fills must be BRICK DUST ONLY and must be arranged through the District Grounds Supervisor.
• "PEPPERING" (hitting balls against the fence) is PROHIBITED,
• When fields or runways are flooded, use is PROHIBITED and brick dust should be raked.
• When dragging the infield, vehicles must not be driven over grass area. When dragging is complete, lift drag up off the ground
when leaving the area. This prevents loss of brick dust and build up along rim of grass.
• At the end of all games, pitching mound and home plate must be filled and raked.
• Sprinkler heads may not be filled by Licensee under any circumstances.
• Sprinkler controls should not be touched or tampered with. Requests for timers, etc. must be reported to Grounds Department at
(909)397-4800 x3918.
• Mowing of grass is the responsibility of PUSD Grounds Department.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds in an "as is"
condition. Hazards or other problems must be reported immediately to School Police at (909) 397-4800 x37$5 or (909) 629-7797,
and to Fiscal Services, Facility Use, during the next working day at (909) 397-4711 x6143.
• Portable toilets are required at the expense of the Licensee.
• Athletic field users may mark the fields with chalk only; use of weed oil, paint or any other substance, toxic or otherwise, is
prohibited by law and may result in a penalty imposed by the South Coast Air Quality Management District as well as a loss of
facility/ground use privileges.
• Tenant Users are responsible for trash Pickup and removal after each facility use. Failure to leave the facility clean may result in
a custodial fee assessment to the Licensee.
• Fields may be closed due to renovation - Licensee will be notified.
• Smoking is PROHIBITED on District's grounds.
• Failure to adhere to the rules may result in loss of privileges or fines and/or penalties.
I have read and understood these rules and agree to abide by them during gyri useAeague play.
Name or Licensee Group
Signature of Representative
Date
Civic Center Act Support Specialist Date
Pomona Unified School District
Pomona Unified School District
Fiscal Services
Use of Facilities
SOCCER/FOOTBALL FIELD USE AGREEMENT
Soccer fields are scheduled annually by Fiscal Services, Civic Center Use of Facilities, in two periods, March 1 through June 30 and
July 1 through November- 30. Requests must be submitted two months prior to use,
• Special care must be taken when moving goals to avoid damage to sprinkler heads and water pipes. Dragging goals from one area
to another is PROHIBITED. Goals must be picked up by hand when moving them.
• AthIetic field users may only mark the fields with chalk created specifically fors orfs fields; use of weed oil, paint or any other
substance, toxic or otherwise, such as "Lime," is prohibited by law and may result in penalty imposed by the South Coast Air
Quality Management District as well as a loss of facility/grounds use privileges.
• Vehicles are not to be driven on fields, because of risk to sprinkler heads and rut damage. Parking is restricted to desinated
spaces only. Overflow should be directed to street parking. g
• When fields are flooded, use is PROHIBITED.
• Sprinkler damage must be reported to Grounds Department at (909) 397-4800 x3918.
• Sprinkler cont-ols should not be touched or tampered with. Goals must be put awav after each da s use away from sprinkler
heads. Requests for timers, etc. must be reported to Grounds Department, (909) 397-4800 x3918.
• Mowing of grass is the responsibility of PUSD Grounds Department.
• Lifting of fences or climbing of the fences into private yards is PROHIBITED, Damages caused by this activity will be charged
to the Licensee.
• Inspect the facilities and grounds for existing hazards, prior to use, and agree to accept the facility and grounds in an "as is"
condition. Hazards or other problems must be reported immediately to School Police at (909) 397-4800 x3785 or
(909) 629-7797 and to Fiscal Services, Facility Use, during the next working day at (909) 397-4711 X6143.
• Portable toilets are required at the expense of the Tenant User.
• Tenant Users are responsible for trash pickup and removal after facility use. Failure to leave the facility clean may result in a
custodial fee assessment to the Tenant User,
• Fields may be closed due to renovation - Users will be notified.
• Smoking is PROHIBITED on District's grounds.
• Failure to adhere to the rules may result in loss of privileges or fines and/or penalties.
I have read and understand these rules and agree to abide by them during field use/league play.
Name of Licensee Group
Signature of Representative Date
Civic Center Act Support Specialist Date
cc: Grounds Department
PERMIT FOR SALE AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES ON
DEPARTMENT OF PARKS AND RECREATION FACILITIES
Permitee Information
Name of Applicant:
Address:
Organization:
Park/Facility/Arca Requested:
List two (2) Alternates
Date Requested
Hours: From to
Verification
TYPE: VERIFIED BY DATE
A.B.C. License
Security Deposit Amount $
*Insurance Amount $
**Peace Officer - Number Required
Other (specify)
*Proof of required insurance coverage must be presented thirty (30) days prior to the event.
**Proof such as a receipt from a private security company must be presented thirty (30) days prior to the event,
--------------
APPROVALS
Commander, Walnut/Diamond Bar Sub Station
City Manager
Comments:
Date
Date
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 46 Park, Athletic and Facility Use Policies & Procedures
CONDITIONS OF ALCOHOLIC BEVERAGE PERMIT
1. The sale and/or consumption of alcoholic beverages must be limited to the premises where
the special event is to be held and to the participants in the event who may consume such
beverages; and
2. The authorization to sell alcoholic beverages must not conflict with the contractual rights of
City concessionaires;
3. The special event must be one in which the participants will not engage in swimming,
boating or the operation of motorized vehicles or equipment or other similar activities.
4. The applicant/organization also agrees to obtain the appropriate license from the California
Alcoholic Beverage Control Board (ABC) and comply with all license and operating
requirements of the ABC, federal, state and local laws; and to
5. Assign one or more employees of the City or other persons approved by the City, to the
special event as required for monitoring purposes and to make appropriate reimbursement for
the cost of that assignment; and
6. Provide at the applicant/organization's expense the number and type of peace officers
detennined by the City Manager and local law enforcement to be necessary for security at the
special event; and
7. Promise to indemnify, defend and save harmless the City, it's agents, officers and employees
from and against any and all liability expense, including defense cost and legal fees and
claims for damages of any nature whatsoever including, but not limited to, bodily injury,
death., personal injury or property damage arising from or connected with the special event;
and
S. Provide and maintain a policy of $1,000,000 minimum liability coverage (City Manager may
require additional coverage upon determination by the City's Risk Manager that the event
warrants increased coverage); and
Provide in advance of the event, a security deposit of $50 per 100 persons or increment
thereof, from which extraordinary City expenses for maintenance, repair, or replacement
arising; from the permitee's use of the facilities shall be deducted.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 47 Park, Athletic and Facility Use Policies & Procedures
City of Diamond Bar
Community Services Department
PROFESSIONAL TENNIS
INSTRUCTOR PERMIT APPLICATION
NAME:
ADDRESS:
PHONE #:
SIGNATURE:
I.D.: Exp.Date:
(CA. Driver's License or State I.D. #)
Use of a tennis court for private or semi -private lessons for a fee (up to two students with one
instructor) is permitted only if the instructor obtains a permit from the City of Diamond Bar and
complies with all tennis court rules.
Draft: May 16, 2006 City Council Meeting
City of Diamond Bar 48 Park, Athletic and Facility Use Policies & Procedures
PARENTS CODE OF ETHICS
SIDELINE DEMEANOR 3
Your child is participating in a youth sports program in the City of Diamond Bar. We are a community whose goals are to
promote the self-esteem of all players just for participating, regardless of individual athletic ability or the final score of any
athletic contest. Your role as a spectator has a significant impact upon the success of our program. Therefore, we need
You to fully understand and completely accept the standards of behavior which are detailed below_
• 1 pledge to demonstrate positive support for all players, coaches, officials, parents, and staff members at all games
and practices.
• I pledge to never make negative comments about the game officials, coaches, or players because I understand that
negative comments are destructive and will only result in damaging a child's motivation and ruining their athletic
experience.
• I pledge to encourage my child and all players by using only words of praise and to refrain from yelling out instructions
as this will only confuse players as they look for direction from their coach.
• A will be a positive role model and set an example of good sportsmanship for the youth of this community by treating
all players, coaches, officials, fans, and staff members with courtesy and respect.
• 1 will place the emotional and physical well being of my child and all other children ahead of my personal desire to
win.
• I understand that children play sports to have fun, make friends, and to learn new skills, therefore I will praise effort as
well as execution in order to keep sports in the proper perspective.
• 1 will support the game officials at all times, even if I do not agree with a call, because their presence is to make the
game safe, fun, and fair for the children that are playing.
• 1 will remember that the game I am attending is for the players and not for me or any other spectator.
• I will support a sports environment for my child that is free from drugs, tobacco, and alcohol and will refrain from their
use at all games and. events in the City of Diamond Bar.
• 1 understand that any and all my actions are subject to review by the administrators of this sports Teague
1 fully understand and completely accept the standards of behavior outlined previously. My initials by each
standard and signature below will serve as my public acknowledgment of my unconditional agreement with each
standard contained in the Parent's Code of Ethics. I realize that if at any time my behavior becomes non-
compliant with any of the standards contained in the Parent's Code of Ethics, I may be asked to immediately
terminate both my participation and my child's participation in the youth sports program in the City of Diamond
Bar.
Name of Childlren
Printed Name
PARENT'S CODE OF ETHICS.01
City of Diamond liar
Division
Signature
Date
Draft: May 16, 2006 City Council Meeting
Park. Athletic and Facility Use Policies & Procedures
FEBRUARY 23, 2006 PAGE 4 P&R COMMISSION
a.
Mr. Mal ey responded to V Grundy that he had r eived 63 calls fro
parer who intended to I e the D.B./Walnut J or All American gr
for Pop Warner pro am.
C wens asked if y of the other
gr
had to cut regist ion and
D/Rose said th he knew only about e City's program basketball
nd soccer. He s not aware of any the organizations aving to scale
back or turn p ple away.
Art Sebast' n, Head Coach, Pop Warner s , he was also a D.B.
Little Le ue manager and ad been associ d with both groups for
about fi a years. He said was present to pport his colleagues and
wante the Commissio o know that he f sports was a priority for e
kids. Anything that ld be done to pport these groups wo be
gra fully accepted
d. Mul C. Grow ark ADA Re fit — CSD/Rose rep ed that the
conceptusl p was forwarde o the LA County CDC r about $98,OD0
in improve ents. There ar ther items that do n qualify for CDBC
funds an ose items will presented to the Cit ouncil as part of the
FY 200 07 budget pro ss.
e. Des' n of Restroo torage Building �t Pa era Park—CSD/Ro stated
th RJM Design oup provided a conc tual plan and were orking on
r inements. T project is moving fo ard.
CSD/Rose yCknowledged to V51116 96
that AYSO off�fed about $7500
toward thefcost of the buildina
f. Desi of Trail Access Po s -CSD/Rose Indic d that/staffm with
Gro Delta next wee o go over the conc ual platrail
he d at Sycamore C on Park at Diamon ar Blvd isction
p int for trails that u imately go up to the Diamond Bar
OLD BUSINESS:
3.1 Draft Athletic Facilities Use and Allocation Policies and Procedures.
RSMPVVest presented staff's report and requested that the Commission
present their questions to staff, comment on the proposed revisions and
determine whether additional review time was necessary and whether a
study session would be required for further review of the document.
VC/Grundy felt the changes were extensive. RSM/West agreed and said the
primary changes had to do with language for the facilities use policy so they
would be consistent with those used at the Diamond Bar Center. VC/Grundy
felt he needed more time to study the document.
C/Owens said that at the last meeting he asked that the document contain a
definition of "D.B. resident." RSM/West said that D.B. defines resident as
FEBRUARY 23, 2006 PAGE 5 P&R COMMISSION
"living in the City." Non-residents or those who work in the City pay a
different rental rate. C/Owens reiterated that the classification definition
should be clearly stated within the document.
Chair/Lyons asked if Page 22, Group C had always read that government
agencies are above D.B. based non-profit service organizations and
CSD/Rose explained that it was included in the fourth revision of the initial
D.B. Center policy.
Chair/Lyons said she strongly felt that each resident non-profit organization
should be allowed one fundraising event per calendar year where room fees
were waived (Page 3 and Page 26) to bolster their organizations. CSD/Rose
responded that the provision was eliminated due to lack of use. When
Heritage first opened it was a popular item and all organizations conducted
an annual fundraiser. Non-profit organizations seem to have no issues with
the fee. Chair/Lyons said she understood charging for the D.B. Center but
not allowing the groups free use of Heritage or Pantera did not seem
appropriate to her.
Chair/Lyons asked what year the current facility rental rate was determined.
CSD/Rose responded that the resolution covering the fees was Resolution
No. 93-67A meaning it had been changed only once since 1993.
C/Owens asked if it was the City's goal to recoup 100 percent of the facilities
cost. CSD/Rose responded that it depended on the use. For example, there
was no effort toward 100 percent recovery from the senior groups.
Chair/Lyons felt that with respect to Page 4 "the total number of member
participants is not less than 60 percent D.B. residents" that the suggestion
from Marty Torres was good in that it would allow the organization to account
for the numbers to save additional staff time.
Chair/Lyons asked if Tennis Anyone was still operating in D.B. and
CSD/Rose responded affirmatively. Tennis Anyone contracts with the City
and the City is paid from its revenues.
CSD/Rose pointed out that the biggest change was on Page 5, b. Picnic
Facilities. Currently there is no rental fee for the use of picnic facilities. Staff
is again recommending a $25 fee for residents and a $50 fee for non-
residents (currently $25 fee for non-residents). The last time this
recommendation was before the Council it rejected the fee for residents.
However, staff believes that there should be a fee charged for use to cover
maintenance — cleanup and setup for the next user.
VC/Grundy said he would like time to study the document between now and
the next meeting and he could not predictwhether he would have very many
questions. However he felt a study session was unnecessary.
C/Owens said he too did not feel he needed a study session and
recommended that all user groups be given a copy of the document for
FEBRUARY 23, 2006 PAGE 6 P&R COMMISSION
discussion and input. CSD/Rose said that RSNVright's portion had been
emailed to the user groups and that they would be invited to the next Parks
and Recreation Commission meeting; and that staff had received positive
feedback and additional recommendations from the User groups.
C/Liang said he needed time to study the document and also felt that a study
session was not necessary.
4. NEW USINESS: None
5. A OUNCEMENTS:
SD/Rose recognized Ch
he community over the yp
Vl-yons and C/Changf their hard work and suyy��port to
rs and wished them g� luck in their new assiyfFiments.
1/ClGrundy thanked colleagues for their he,-/, participation, comme s and input
and that it had bee ood to work w/til
g and Chair/Lyons. H ished them
good luck in their ew ventures.
VC/Grundy c plimented staff on tand said staff sh Id feel very proud
of their eff s on behalf of the Cied it would be great opening on
Saturday.
C/Lian said it was a great plea re and privilege for him work with C/Chang a
C;hai yons. He hoped that colleagues would be a e to work toward posi ' e
cha ge in their new positi s with the school board d water board. He wi ed
C/Chang and Chair/Lyo goad luck and said he uld miss their being the
Commission.
C/Owens thanked hang and Chair/Lyons for elcoming him to the Co mission
and for their sup rt. He said they both had h' vote of confidence an new that
they /ivery
II in their new positions.
C/Chhad been a lot of fun erving on the Parks d Recreation
Comsuch a great and su ortive staff. She than d everyone for
makiositive experience for er. It was always a joy f her to be able to
brag. staff when she vis' d other cities. She said he would definitely
misse Commission.
Cl it/Lyons announced that Bob ff selected ClChang Woman of the Yearf
h district. She felt that 'rt was a ell -deserved honor. S e said that she had t ly
enjoyed working on the Parks d Recreation Commi ion and that it was a t of
fun with a lot of good times nd a number of ac mplishments during cent
months. The parks are looki g better and the stree eautification project ' a real
step up compared to how Ings were a few year ago. In addition, staff stituted
the sportsmanship cod that was unique to e City and very g d for the
participants. As good the Commissioners a they are aware th most of the
real work is done by ff and the D.B. staff I by CSD/Rose is ve good and has
stuck by her throug thick and thin. She s she had a lot of res ect for the way
new programs had been brought into the ity and how staff was able to keep the
MARCH 23, 2006 PAGE 2 P&R COMMISSION
Without objection, d Owens was unani sly selected by voice v #o serve as
the Vice Chairm of the Parks and R reation Commission.
MATTERS FROM T (E AUDIENCE: Drone Offered.
CALENDAR OF VENTS: As fisted in the A/andrtedbyCSDIRose.
1. CON NT CALENDAR11 Approval of Mi. tes of February 23, 2eting.
C/Herndon oved, C/Liang secondedinutes of the J uary26, 2006 eeting as presented. Mote following II Call
vote:
AYE : COMMISSIONERS: Liang, Owens, Ch 'Grundy
NS: COMMISSIONER None
A STAIN: COMMISSIONE Herndon, Lo
A SENT: COMMISSION S: None
3. OLD BUSINESS:
Draft Park, Athletic and Facility Use Policies and Procedures — CSD/Rose
presented staff's report and recommended that the Commission receive
comments, continue its review of the Draft Park, Athletic and Facility Use
Policies and Procedures Document and take action or continue the matter as
appropriate.
Darryl May, AYSO Regional Commissioner, said the organization has
between 1200 and 1300 children ages 4 to 18 that play soccer on an annual
basis and some play year-round. He thanked CSD/Rose and RSIIIWright for
the draft document, a document that is a work in progress. He said he was
concerned about the change regarding field allocation because park space
within the community is a very limited and coveted resource. He said he felt
that the 60 percent threshold for residency was too lenient. If the goal of the
revision was to give a higher priority to organizations that have a greater
density of D.B. residents 60 percent would not accomplish that goal.
Obviously, residents should have first priority for use of the City's park space.
However, there are many organizations that have diluted ranks and it seems
inherently unfair to organizations with a high density of D.B. residents for the
City to set the bar at such a low threshold. Typically the smaller
organizations have fewer D.B. residents participating. If D.B. fails to set high
standards for residency 60 percent does not accomplish the ultimate goal.
VC/Owens asked if he had a recommendation for an appropriate percentage
and Mr. May responded that a 75 percent residency requirement would be
appropriate. He urged the Commission to consider collecting rolls from
groups that use the City's facilities to confirm residency. In addition,
sanctions should be imposed for falsifying residency ratios and in his opinion
MARCH 23, 2006 PAGE 3 PSR COMMISSION
organizations that falsify their rolls/ratios should be prohibited from using the
fields for one year. AYSO for example could not afford to be without fields for
a year and his organization would be compelled to provide the proper
information. Also, due to the demographics, some organizations may be
requesting field space in neighboring communities and nothing in the
allocation process questions whether that is occurring.
C/Low asked how his proposal of 75 percent would apply to a smaller group
and would it not encourage certain groups to discourage kids from playing
that would dilute their group? Mr. May responded that the residency
requirement does not necessarily preclude organizations with low residency
from getting field allocation. It merely adds a layer of priority for field
allocation. C/Low said she was more concerned about kids being
discouraged from enrolling simply because the group was being moved
down in the priority ranking and therefore, the organization would not recruit
in certain areas and include certain kids. It could be that the kids in
neighboring communities desperately needed to be on these teams. Mr. May
said he had the luxury of being a part of AYSO where everyone plays. In his
organization there are no cuts — no player is turned away. C/Low pointed out
that if the policy were too strict it would have the affect of turning kids away.
Mr. May said he respected C/Low's argument but he disagreed with her
reasoning.
John Rivera, President, FCI, a small soccergroup that competes year-round.
His organization currently has about 200 members in its program. He said he
was not prepared to speak to his organization's concerns because he did not
understand the subject of tonight's meeting. First and foremost the
organization is an extension of AYSO and his group would not reach even
the 65 percent threshold. Three of his 12 teams consist of g0 percent D.B.
residents and some of the other teams might drop to 20 percent. Across the
board his group is probably at the 40 percent ratio. His position has always
been to work with the other groups within the community. D.B. does not have
the field necessary to accommodate all of the groups. The goal of the sports
organizations is to promote athletics forthe kids within the community as well
as from outside of the community and keep them active. His biggest
concern was field efficiency.
Mr. Rivera responded to C/Herndon that the organizations would like to have
lighted fields in D.B. and there are only four lighted fields at this time —
Heritage, Peterson, Pantera and Lorbeer and nobody wants to go to Lorbeer
but the teams practice there because the fields are lighted. Most kids want to
practice from 6:00 p.m. to 8:00 p.m. and most of the younger kids practice
from 5:00 p.m. to 7:00 p.m. During the winter it is dark. However, during
daylight savings it would not be an issue. FCI practices only in D.B.
Mr. Mays responded to C/Herndon that he and Mr. Rivera share resources.
The coveted resources are the lighted fields during the winter months and
there are not enough lighted fields to accommodate everyone. During the
summer months he has a large number of younger kids that practice during
4:30 and 5:30 p.m. The U10 and U12 ranks practice under the lights after
MARCH 23, 2006 PAGE 4 P&R COMMISSION
dark.
Mr. Rivera responded to C/Owen that he was very surprised that the
Pomona Unified School District would allow their field to be used during
school time because it was in very bad condition. His organization offered to
seed and mow the field but have always been told it is the school district's
policy never to let unauthorized individuals on the field. The City put lights on
the field but the field is an eyesore and he hoped that the Pomona Unified
School District would come to realize that the facility was important to the
community and needed to be upgraded.
CSD/Rose responded to VC/Owens that the maintenance of the field is an
issue. Because of the lights Lorbeer gets more use than any of their other
junior high school facilities and the additional use has resulted in the extreme
deterioration of the field. D.B. feels obligated to participate in the ongoing
maintenance and improvement of the facility and has offered its services to
Pomona.
Mr. May said he was aware of the limitation of lighted fields
David Prather, D.B./Walnut Valley Soccer said he has worked with both of
the previous speakers and that all three groups share the same fields. He felt
that 60 percent was a little high because his club has 10-12 teams and 13
out of the 15 players on his team are D.B. residents. These players are very
competitive and continue to play on varsity teams in high school. His 7
grade daughter made the 81h grade team as a starter. She started playing in
AYSO, a great program. Three of his children play in AYSO. Typically,
players want to stay close to home but because of the diversity the team as
a whole would not be able to meet the 60 percent goal. if every city adopted
a 60 percent policy it would discourage kids from joining these types of
organizations. As a coach he has taken pride in the fact that the City was
able to produce top players and if fields and facilities are not provided for
kids to be able to practice and participate at a higher level there will be no
opportunity for players to make it to state and national levels. While there is
a lot of talent in the area it takes dedication and hard work to move up.
Mr. Prather recommended the City consider the following: if an organization
has two teams out of eight teams that meet the 60 percent D.B. residency
criteria, rather than allocate field space for the entire organization it would
make sense to him that D.B. field space be allocated for just those two
teams rather than the entire eight teams for example whether or not those
particular two teams met the percentage criteria. He is a national D license
coach and if he took his team and joined a national organization there would
be no city in which his team could practice because he would never be able
to meet the residency requirement.
C/Low wondered if the creative accounting method Mr. Prather proposed
would be possible. CSD/Rose said his method could be done.
MARCH 23, 2006 PAGE 5 P&R COMMISSION
C/Low asked Mr. Prather to compare the size of his organization to AYSO.
Mr. Prather explained that AYSO members participate primarily in the
summer and fall and have 1200-1300 players playing in the fall season. His
organization has about 180-200 players and his organization plays year-
round. Putting it another way his organization probably has as many practice
periods as AYSO in one calendar year.
C/Herndon asked Mr. Prather to explain the difference between his and Mr.
Rivera's organization with respect to age and level of play. Mr. Prather
responded that they are identical. At one point they were in fact one club that
was split.
C/Herndon asked Mr. Rivera if his organization was similar to Mr. Prather's in
that he would have some teams that consisted of mostly D.B. residents and
other teams that consisted of fewer D.B. residents and Mr. Rivera responded
yes. As previously stated he has three teams that are primarily made up of
D.B. residents. Mr. Rivera said that the problem was finding field space for
practice Monday through Thursday. Mr. Prather wanted to understand that
all three teams were working together to resolve these problems and Mr.
Rivera responded "yes." The primary issue is the level of play. He can put
three teams on half of an outfield to run a good practice. There is no way to
segregate an entire outfield between the three organizations. The field
allocation is done in January and the peak time is July. The intent of these
organizations is to provide a good atmosphere for the kids. Mr. Herndon
wanted to know why the Commission was hearing only from soccer people
and not from football, softball, etc. Chair/Grundy said that the packet
included comments from other groups that he would read into the record.
Chair/Grundy asked if the groups used fields in any other cities. Mr. Rivera
said that FCI does not because it is a D.B. based team. The team practices
in D.B. and the game field is at Neil Armstrong. Mr. Prather responded that
his team has field space in Walnut for practice and gaming and has never
been given a field for gaming in D.B.
Chair/Grundy reported that various individuals wrote or emailed their
comments to the Commission. An individual from NJB wrote that the policies
and procedures guide looked good to him and in his opinion, since the
percentage threshold was relatively low (60 percent) it appeared to him that
a resident would be defined as a person that lives (primary residence) in
D.B. Chair/Grundy said that Richard S. Dixon, D.B. Little League
recommended that the policy specifically be recommend with a more
balanced approach of how lighted fields are allocated for in -season play.
Based on his analysis Mr. Dixon offered two possible scenarios 1) possible
reallocation based solely on participation numbers with no weight given for
open participation if the percentage of D.B. residents are in their season; 2)
possible reallocation based on weighting all factors, participation numbers,
open participation, residency and season. He concluded that based on his
analysis (other than DBGS), DBLL be allocated its fair -share of lighted fields.
CSD/Rose stated that on page 4, definitions of the proposed policy, staff
MARCH 23, 2006 PAGE 6 P&R COMMISSION
added a definition of D.B. residents to wit. a person who resides within the
city limits of the City of D.B. and whose residency could be verified with a
driver's license, state issued I.D. card or utility bill from the parents.
Allocation of the fields is an art and not a science. In another City where he
previously worked CSD/Rose allocated fields on a scientific basis because
there were 28 parks available. In D.B. there are very few parks and lots of
organizations vying for their use. D.B. is very fortunate because the
organizations work together and are willing to share and have worked out the
use of the fields.
C/Low said she heard CSD/Rose say the system was working fine.
CSD/Rose said that what the City needed was more facilities. CILow said it
sounded to her that the way staff has been allocating the use and the way
that the organizations were working together worked. CSD/Rose agreed.
C/Low wanted to know why the Commission was considering adding a
residency requirement if the process was working? CSD/Rose said there
was always the possibility of other groups seeking use of the City's fields and
a 60 percent requirement may discourage other users from coming into the
City. For example, a few years ago a team from Placentia wanted to practice
in D.B. because they had one player from D.B. and felt they should be able
to use a facility fortheir program. They wanted a lighted field several nights a
week during Little League and Girls' Softball season and it was a very
unrealistic request. CSD/Rose said that the 60 percent requirement would
give him the opportunity to turn down such a request. This particular team
appealed his decision to the City Council. The 60 percent provides a
measurement to say no when necessary.
C/Low asked why a response that there was no vacancy was not sufficient?
CSD/Rose said it was the answer that staff gave them and the team ended
up getting lighted fields. C/Low asked if it were possible to adopt the policy
piecemeal. CSD/Rose responded yes depending on what the Commission
would like to recommend and that ultimately, the full recommendation would
go to the City Council for formal approval.
Chair/Grundy said that for the benefit of the new Commissioners he would
provide some background on this matter. He stated that he has personally
served on the field allocation subcommittee for the past four years and has
attended most of the meetings and has witnessed firsthand how the process
works. He agreed that it is an art and that the groups have cooperated and
worked together to share the limited amount of facility space. There is
definitely pressure and vying for a limited resource. The Sports Complex
Task Force looked into increasing the fields in the City. Unfortunately, the
City is limited by geography and is boxed in with respect to the number of
fields and amount of land available that can be used for athletic facilities.
These factors have caused the City to look inward for solutions while the City
continues to search for more usable field space. Also, during consideration
staff and the Commission decided to review how other cities approach this
matter. He participated on the ad-hoc committee that helped formulate the
policy recommendations and the ad-hoc committee added the residency
requirement for use of the athletic fields. The committee considered more
MARCH 23, 2006 PAGE 7 P&R COMMISSION
stringent policies but felt this would be a good compromise and a step
toward benefiting those who live in the City without excluding others. The
way the policy was written was not to exclude but to give priority.
ClHerndon applauded the coaches. He asked how "organization" was
defined in the document and CSD/Rose responded on Page 4 d. "Qualifying
User Groups" so it excludes separate teams as qualifying as organizations.
C/Herndon asked if the qualifier could be reduced to "teams" within
organizations rather than "organizations" only. CSD/Rose responded that if
there were two of the eight teams on the field there would be no way to know
if those particular teams were made up of primarily D.B. residents.
ClHerndon said he understood that the organizations would be able to
provide assurance that the residency requirements were met. CSD/Rose
said that from staff's point of view the paperwork would not be an issue;
rather, it would be who would actually show up on the field at any given time.
Chair/Grundy said that if the D.B. ratio were 40 percent for example, and
only 4 teams rather than 10 were allowed to participate in the allocation it
would achieve a reduction in the overall number that would participate. He
believed C/Herndon's recommendation was a creative way of addressing the
organizations' concerns.
RSI1/W right referred the Commissioners to Page 8 of the manual. Assuming
a percentage, group C would be the organizations that would be below the
percentage.
Chair/Grundy explained that if the allocation allowed either of the two
organizations to present a subset to say that this was the group that the City
wanted to allocate space to the City would have excluded the group that was
primarily non-resident based.
CSD/Rose believed that Chair/Grundy and ClHerndon were saying that if an
organization meets all of the other requirements and a couple of the teams
could prove to be above the 60 percent threshold even though the entire
organization was not over the 60 percent threshold those teams would move
to the "B" level priority rather than remaining in the "C" group. Chair/Grundy
agreed and felt that if organizations voluntarily excluded the portion of their
organization that did not qualify it would effectively accomplish the City's
intent. CSD/Rose agreed.
Mr. Rivera asked how the City would define where his teams practiced if he
had three teams in Category B? Chair/Grundy responded that it would be
negotiated to the specific situation and rather than including it in a policy it
might work better to not be so specific to allow for the maximum flexibility
and effectiveness. Chair/Grundy felt that the organizations would not see any
appreciable difference in field allocation because no matter what was
adopted, the intent of the policy was not to exclude but to set order to the
priorities.
MARCH 23, 2006 PAGE 8 P&R COMMISSION
Mr. Rivera said he understood but pointed out that Page 9 reads: "applicant
shall not transfer, assign or sublet the use of permit fields or apply the use of
on behalf of another person or organization." Technically, under this
paragraph he could not sublet it to D.B. AYSO or D.B./Walnut Valley Soccer
and he would not want to risk losing the field permits for his organization.
CSD/Rose said the provision was included so the City would know what was
going on. As long as someone calls RSII/Wright to tell him about the plan it
would be of no concern. He would not want AYSO or FCI to have the field
approved and then staff find out there was a men's football tournament being
played on those fields instead. Chair/Grundy said that it was not intended
that the provision be actively enforced during the allocation negotiations but
in terms of the bargaining, if there is a clear understanding that certain
organizations with high residency get priority then the organizations must
maintain the priority and not shift off the priority. If there is an agreement
within the organization it becomes the allocation and the organizations
should not be subletting without permission from the City.
C/Low said she disagreed with the statement that the City had no intention of
enforcing the "transfer" provision because a City policy must say what it
means and mean what it says. Otherwise, it opens the policy to challenge.
CSD/Rose repeated his statement that the City follows the policy to the
letter. The statement means that the City needs to be notified of any change
in the use so that the City can determine whether it wants to transfer the
allocation. C/Low said in that case "without the express consent of the City"
should be inserted and RSII/Wright responded that the second portion of the
last sentence reads: "must be approved by City staff and the revised facilities
permit will then be issued."
C/Low asked if staff had cleared the 60 percent requirement with the City's
Attorney and CSD/Rose explained that the City Attorney reviews the policy
before it is presented to the City Council and that the document should be as
complete as possible before it is forwarded to the City Attorney. C/Low asked
if it was legal to include a percentage and CSD/Rose responded "yes.,,
C/Low asked if there was a legal minimum or maximum percentage and
CSD/Rose said he knew of cities that had gone as high as 80 or 90 percent.
Chair/Grundy stated that other cities have instituted far more stringent
policies than D.B. is considering. CSD/Rose said that Walnut was at 51
percent; Placentia is 60 percent; Yorba Linda 60 percent; and Anaheim 75
percent. C/Low asked if Items 1 through 6 on Page 8 were in priority or
random order. RSII/Wright responded that the items were in descending
order.
C/Herndon recommended the Commission establish subsets and that
participation be allowed based on the subset.
VC/Owens felt that clause Y' addressed that and allowed flexibility for the
groups to work together for field scheduling as well as notify staff of their
intentions. He felt the clause also provided for notification to the City so that
the City would be aware of who was using its facilities.
MARCH 23, 2006 PAGE 9 P&R COMMISSION
C/Herndon said he did not believe that the two items were equal and what he
was suggesting was that under the definition of "organizations" that within an
organization, D.B. based teams within that organization could qualify under
the residency requirements. Some teams might be in Walnut in the same
organization buttwo orthree teams in D.B. have a majorityof D.B. residents.
He recommended that the policy allow for those D.B. based teams to qualify
under the residency provision.
Chair/Grundy said he was open to looking at the recommendation and
whether it could be included in a provision of the policy to allow for
reasonable administration. He concluded that this would not be worked out
this evening and he recommended that the Commission continue to review
the document, return it to the ad hoc subcommittee or, take the document
into a study session.
VC/Owens said this policy was not unique to D.B. He asked Mr. Rivera if he
had teams from Glendora and whether they were seeking facilities in
Glendora. Mr. Rivera responded that the teams practice in Glendora and the
game field is at Neil Armstrong. CSD/Rose responded that C/Herndon's
suggestion to break out individual residential teams, the non-resident teams
that are not using D.B. facilities could be left out of the count.
Mr. Prather felt the requirement was not necessarily addressed at the three
organizations represented here tonight because the process works well for
them. There has been a proliferation of organizations coming into D.B.
looking for park space. He reiterated that he believed the Commission would
be wise to take this working document into a study session. He felt that
looking at specific teams within organizations was a great solution and at the
same time the Commission should look at a new way of splitting up the fields
or allow organizations to work together to split the fields.
Chair/Grundy asked for feedback about how the Commission would like to
proceed and discussion ensued.
C/Low recommended that the Commission pick a date for further discussion,
either by study session or another regular meeting when the agenda was not
so large. It seemed to her that the Commission could focus on certain items
rather than discuss the entire document.
Chair/Grundy said his opinion was that the Commission had received a lot of
input and had achieved the goal of presenting a working draft of the policy.
He agreed that the Commission needed to work through the document
based on the input. Since all of the Commissioners seem to have an interest
in continuing to offer recommendations he would recommend that the
document be taken to a study session and not wait for the next regular
meeting.
With Commission concurrence, Chair/Grundy asked SAA/Somenzi to
coordinate a study session date to continue review of the draft document.
MARCH 23, 2006 PAGE 10 P&R COMMISSION
C/Liang commented about the proposed rental fee for the picnic area (Page
6 Item 1.b) and suggested that the fee could be a cleaning deposit instead of
a rental fee because the City's concern is that the users clean up after
themselves. If staff determines that the area has been satisfactorily cleaned
up the City could refund the deposit. CSD/Rose pointed out that b. and c.
refer to rental fee and cleaning deposit and asked if C/Liang's
recommendation was intended to have just the cleaning deposit? C/Liang felt
that all reservations should have a cleaning deposit, not just larger groups.
RSM/West asked if the Commissioners agreed that the non-residents should
be charged $50. C/Low said she was not opposed to any of the proposed
fees. C/Herndon felt a rental fee of $25 was rather insignificant especially
with staff's involvement.
2. 1 ORMATIONAL
c'.1 Recreation P
2.2 Diamond Baj
2.3 Youth M
Report — RS11/W
nity Foundation
Plan Oral Report —
I Report — R
rs
C/Low sked if t/eee repre ntation containe expenditures or a
comb' ation of expres and evenues. RS/Mey s responded t t the
/$8500 was an exand t $244,000 Depart ent of Educatio grant
the balance nse . The $130,000 w a two and one- If year
and the funds wi the administrativ osts and paying a youth
C/Low askeas a year round p gram and said s thought
the City was partnethe church.CSD ose said the Chur operates
the program and ths come from the deral government S/Meyers
said that the amouresented were mounts the progra expected to
spend and that nothe funds ha been spent at this int.
VC/Owens asks if the/H.
ollaborative involve ny Walnut High
School studs s whoB. RS/Meyers sai no because the
collaborative as not atudents were given choice whether to
attend D.B S. or Waltil VC/Owens bro ht it to their attentioryand the c aborative isg closelywith W SD to determine whthose y th might be. m could be ope ed up to see how mayouth ould be interestg.
LAU(Hose reported at the winners of the log contest woul/rec
zed
offt the April 4 City until meeting.
Parks Report — MS/Jordan
CSD/Rose ported that at yesterday' staff meeting Phil Wof
PMS/Jord 's staff members, was a rded the Dorothy Schary
Custome Service Award.
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
STUDY SESSION
ROOM CC -8 OF S.C.A.Q.M.D./THE GOVERNMENT CENTER
21865 Copley Drive
APRIL 11, 2006
CALL T ORDER:
Cha' an Dave Grun called the Parks and creation Comm' ion Study Session to
or r at 6:16 p.m. i Room CC -8 of the SC MD/Governme Center Building, 21865
C pley Drive, Dia and Bar, California 917
PLEDGE OF LEGIANCE: Co issioner Low ie e Pledge of Allegiance.
1. RO CALL:
Presen Commissioners ew Herndon, Be Liang, and Ruth Low; T Owens,
Vice- airman and Dave G ndy, Chairman.
St Present: Bo ose, Director of C mmunity Services; Ryan W ht, Recreation
S pervi.sor II; Krista rentis, Recreatio Coordinator, and Marisa omenzi, Senior
dministrative Assis nt.
Also Present: Daryl May, D.B. SO; John Rivera and Ramo Martinez, FCI Soccer,
and David Pra er, DBWV.
MATTERS ROM THE AUDIEN None Offered.
1. ONSENT CALENDA
1.1 Approval of utes of March 23, 2006 gular Meeting.
VC/Owens oved, C/Liang seconde #o approve the mi utes of the Marc
23, 2006 eeting as presented. tion carried by th following Rall if
vote:
AYES- COMMISSIONS Herndon ow, Liang, VC wens,
Chair/G ndy
NO COMMISSION S: None
A ENT: COMMISSIO RS: None
2. OLD BUSINESS:
2.1 Draft Park, Athletic and Facility Use Policies and Procedures —
Working from Page 22 forward, the Commissioners discussed the following
items/changes:
APRIL 11, 2006 PAGE 2 P&R COMMISSION
STUDY SESSION
C/Low (last sentence of Page 22 II. Purpose of the Use Policy) felt the idea
was already embodied in the policies but felt that the sentence was too
vague with respect to what is meant by "personal and/or private gain." For
example, if she threw a wedding it would be a "gain" to her because she
would have goodwill among her friends. Because it was vague and
unnecessary she believed the sentence should be removed. CSD/Rose
explained that the intent of the sentence was to avoid having someone rent
the facility and then sublet it for financial gain. On the other hand there are
different types of rentals an example of which would be that a real estate
person might bring a group in and charge individuals for the seminar and the
City does nothing to stop that practice. C/Low agreed and said that was why
she considered it to be a conflicting statement.
C/Low — Page 24 under *Note (near the middle of the page) asked why
"Clause reinstated per Commissioner Lyons request at 2/23/06 Commission
Meeting" was in the document and CSD/Rose responded that it was put in
only to remind the rest of the Commission how the wording under `Note
came to be added back into the policy.
C/Low (Page 24 V. 2) felt that for clarity there should be one term to define
both a hold date for possible use and held date for soft reservation. She
suggested the paragraph be changed as follows:"... pay the required deposit
for a specific room, date and time, now referred to as soft reservation. The
soft reservation 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 soft
reservation shall be forfeited."
C/Low said she could not tell if the reservations procedure applied to all of
the facilities within the City or simply to the Diamond Bar Center or, if they
applied to all of the centers excluding the Diamond Bar Center. CSD/Rose
explained that Section 5 under I mentions Heritage and Pantera Park and
the document should probably be highlighted at the top. Instead of calling it
"Building and Room Reservations Policies" it could be called "Heritage and
Pantera Park Community Room Reservation Policies." It specifically
excludes the Diamond Bar Center. This document should contain language
similar to that of the Diamond Bar Center. Rather than "center" they should
probably be called "community rooms."
C/Low (Page 25, Item 11) said she had a problem with the statement
because if she had a "soft reservation" she would have seven days someone
could "bump" her and they would get another seven days. It did not seem fair
to her because her reservation period would have been lengthened from
seven to potentially 12 days. CSD/Rose said this wording came from the City
Council to allow the City the flexibility to be able to move people around. He
said he would take C/Low's concern about the paragraph. C/Low said she
understood wanting to include flexibility but if someone is bumped during the
seven day period the group's ability with the higher priority would have less
time i.e. the balance of the original period. VC/Owens suggested that there
APRIL 11, 2006 PAGE 3 P&R COMMISSION
STUDY SESSION
should be a specific period of time permitted for the second group such as
four days. C/Low agreed stating her concern was that it not be unnecessarily
dragged out for the first person/group.
C/Low pointed out that there was no number 12. on Page 26 so the last two
paragraphs should be renumbered to 12. and 13. CSD/Rose believed that
the first sentence on Page 26 (Use may be denied....) was actually Item 12.
C/Low (Page 32 and 33) indicated 1, 2, 3 etc. rather than a, b, c, etc. under
G. Cancellation Policy. Chair/Grundy pointed out that both Cancellation
Policy (heading on Page 32) and General Operation Regulations (heading
on Page 33) were numbered G.
VC/Owens pointed out typos on Page 22 under I[. Purpose of the Use Policy
- ..that the facilities are operated in a manner....; under IV. Group Priority
Rating on Page 23, the last line; change the second 3. to 4. at the bottom of
29 and number the remaining items consecutively.
Pages 10 through 21 _
VC/Owens asked if the fees for portable restrooms (Page 15 D. 3) was the
actual cost and CSD/Rose responded that this item is under negotiation with
PUSD. VC/Owens asked if the document should reflect that the charges
were based on actual costs to the City and CSD/Rose responded yes and
said he would add that statement to the end of the sentence,
Pages 1 through 9
CSD/Rose said he had only one note from the last meeting regarding D.B.
based teams within an organization: Teams that meet the residency
requirement of 60 percent will be considered separately from the portion of
the organization that does not meet the 60 percent residency requirement.
He said he included that statement under the definition for qualifying
organizations or teams.
Chair/Grundy said he noted that there were suggestions the percentage
could be increased to perhaps 75 percent.
Daryl May felt the proposal at the last meeting to look at individual teams
was a good proposal in terms of taking some of the organizations and letting
the teams that consist of predominately D.B. kids practice at the facility with
the caveat that the field allocation would be scaled down to be proportionate
to a single team practicing rather than taking into account the entire
organization's numbers.
Chair/Grundy asked if language should be added to include ad-hoc,
subcommittees or subsets of organizations. CSD/Rose felt that teams
needed to be part of non-profit organizations and the policy referred to D.B.
APRIL 11, 2006 PAGE 4 P&R COMMISSION
STUDY SESSION
based teams within the organizations.
John Rivera wondered how the allocation would be done. For example of the
11 teams in his organization, three of the teams would have about 80
percent kids who were D.B. residents. How would those three teams be
allocated and how would the City enforce those time slots?
RS/Wright said that without having a field monitor it would be difficult to
enforce. Chair/Grundy felt that self -policing with the threat of sanction for
non-compliance would be an affective way to monitor field usage.
John Rivera felt that this type of policy would serve a death knell to the FC]
because he could only allow three teams to practice on the D.B. field and
where would the other teams practice. He understood the lack of resources
but as a President of the organization they have been the D.B. based team
for over 15 years. Chair/Grundy reminded Mr. Rivera that this is a "tiering"
policy for priority and not an exclusionary policy. He felt there were always
opportunities for field allocation.
Discussion ensued about the residency percentage requirement and how
staff had administered the field allocation process in the past.
Daryl May believed that if CSD/Rose's proposal for lighted fields was
implemented field allocation problems would disappear.
CSD/Rose said that after learning last summer that it would cast the City $25
million to grade the area where the City wanted to build a new sports
complex and discussion with Lorbeer were at a deadlock brought up the idea
of establishing a percentage of residents for programs and that no
organization would get fields unless they met the percentage because D.B.
does not have the facilities to adequately serve all of the organizations. The
answer that came back to him was that no one should be excluded. The
good news is it that it looks promising for the city to have more lighted fields
as well as the potential to work with PUSD to improve Lorbeer field. The City
and Commission has no desire to eliminate D.B. kids even though they are
not part of the 60 percent residency requirement. In his view the only
purpose for the 60 percent is to provide a tool to exclude a new organization
that might come to D.B. asking for its share of facilities.
Chair/Grundy referred the Commission to Page 23, Section IV. 1. C. ii and
reiterated that this was a policy designed to give priority rather than do away
with any organization so that the residents are able to take advantage of
their facilities.
General discussion ensued.
VC/Owens suggested consideration be given to having batting cages
because kids can get a lot of practice in without having to use field space,
APRIL 11, 2006 PAGE 5 P&R COMMISSION
STUDY SESSION
John Rivera felt that 60 percent residency was a good number and it would
give his organization a right to request only enough space for three teams.
The efficiency of how the fields are designated is a separate issue.
RS/Wright agreed with C/Low that Items 1 through 6 on Page 8 provided "tie-
breakers" for organizations. C/Low said she saw no problem with the
language contained in the draft and had not gathered from the discussion
that the organizations and Commissioners objected to the language.
CSD/Rose suggested that the schedule and the name of the organizations
could be added to Item 3 on Page 8 for clarification.
Following discussion, the Commissioners indicated that they agreed with the
60 percent residency requirement.
C/Liang said he was concerned about giving D.B. based organizations a fair
chance and therefore he felt it was best to leave the residency requirement
at 60 percent.
Chair/Grundy reiterated that the 60 percent residency requirement would
remain intact for Group B and C and that adding a definition for
"organization" would provide a description for the portion of a non-profit
organization that is comprised of teams, units, and so forth that can meet the
residency requirement.
C/Low said she was okay with the 60 percent and agreed with C/Liang that
the policy should not exclude the little guys. However, she would not want to
place a burden on the City to have to police the program. Staff needs the
discretion to use the fields to an optimum level.
VC/Owens agreed to retain the 60 percent requirement and believed the way
the document was currently written gave staff the ability to be flexible and
work with the groups to adjust usage accordingly. He felt it was essential to
have the field designations, and the document as written would give staff the
flexibility to monitor the program.
Chair/Grundy asked for voice vote confirmation from the Commissioners to
keep the 60 percent requirement and inclusion of wording allowing
description of a subset of an organization. Four of the five Commissioners
agreed. C/Low was in favor of the 60 percent but did not believe the subset
language was necessary. She said she was in agreement with the majority
as long as the subset language did not place unnecessary burden on staff.
Chair/Grundy felt that a staff member could come up with appropriate subset
language.
Daryl May thanked staff for taking time to let the organizations be heard so
that the document becomes a document the City and the organizations can
live with. Everyone is here for the kids and the premise of coming together is
APRIL 11, 2006 PAGE 6 P&R COMMISSION
STUDY SESSION
to create a document for the kids and to protect their limited time on the
fields from outside groups coming in.
Pa es 4-9
No further input.
Chair/Grundy recapped that the Commission would be looking for the final
Draft to come back for consideration and recommendation for Council
approval at the April 27 meeting.
Chair/Grundy summarized the Commission's recommendations:
1) Staff will revise the wording as recommended by the Commissioners;
2) Review field allocation efficiency relative to input from the guests
3) Investigate the batting cages.
/JOURNMENT:
NNOUNCEMENT Non
on motio y C/Herndon, seco
usiness b re the Par &Recreation Commitssion at :05 p.m. /
Attest:
Dave Grundy, Chairman
Qed by VC/Owens jAd with
ion, Chair/Grundy jCjourned
ly Submitted
Bob Rose, Secr ry
. , � . APRIL 27, 2006
PAGE 4
P&R COMMISSION
3 OLD BUSINESS
3_1 REVIEW OF PARK,
ATHLETIC AND FACILITY USE POLICIES AN
PROCEDURES:
se
d if the changes were noted m theld and pa t two meetings.
ClHerndon asks onions were changes from
responded that the bold p problem and CSD/Rose
was aware and would address the formatting.
ClHerndon noted that there was still a numbering p ion issues were
responded that staff w discuss
ClHerndon said it appeared that the major
addressed.
Item D, Group B and the description. He
Chair/Grundy referred to Page 4, that would allow an
thought the Commissionahsud sdiscussed
t of individuals wording
qualify for the D•B-
organization to present responded that the information was
residency requirement. CSDlRose resp non-profit organization at the very
contained in the definition of a D.B. based non -p
top of C definitions. to include under C. Traffic and
CSD/Rose said that P cho ` st thprop+erty" and staff recommended the
Parking under #2 ark or school district
„No vehicles will be allowedthose designated for parks or
following verbiage: parking areas excep
property or outside public p perm
by city or school district. The
school maintenance or specifically p
Commissioners concurred.
if the parks amenities pages would be included and
VClOwens asked would. ClHerndon asked what the
CSD/Rose responded that they continued to abuse the
punishment was for dogs, cats and horses if people
condition and C
SDIRose responded that under thee isecond $200 aMunicipal
nd the
they were infractions. The first
infraction is $100,
third is $500 within a one-year period. tion
ClHerndon m
oved, C1Liang seconded to recommhed following Roll Calvote:
of the document as amended. Motion carved y VClOwens,
AYES: COMMISSIONERS: Herndon, ndy
ChairlGrundy
COMMISSIONERS: None
NOES: Low
ABSENT: COMMISSIONERS:
NEW B gINESS: AT PETERSO ARK:
F BATTING CAG this
4.1 DISCUSSION ded that staff pla
ort and recomm financing was de mined.
RS/Wright resented staff's r ndawhen proje Softball who sa' is group
matter o future meeting
He sai e spoke with a r resernt �h�epof GCt
was ry interested in i est�ng
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
V -.P-- 0 � � I' DATE: 51ttAc
PHONE:
0 cla 1-4, c,( of, q�,o .5-4;,o
V/011 410 �l i? -fret. 4c�,,
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
tv
Signature