HomeMy WebLinkAbout12/16/2014 Agenda - Regular MeetingTuesday, December 16, 2014
6:30 p.m. - Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Carol Herrera
Council Member
Steve Tye Nancy A. Lyons
Mayor Mayor Pro Tem
Jack Tanaka Vacant
Council Member Council Member
City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 16, 2014
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2014-46
Next Ordinance No. 09(2014)
6:30 p.m.
Mayor
Pastor Mark Hopper,
Evangelical Free Church
Council Members Herrera, Tanaka,
Mayor Pro Tem Lyons, Mayor Tye
Mayor
Presentations to Former Council Member Ling -Ling Chang
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates of Recognition to the Diamond Bar High
Schools Brahmas Girls Golf Team for winning the California
Interscholastic Federation State Girls Golf Championship.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
December 16, 2014 PAGE 2
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may tde& respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Diamond Ride — November 28, 2014 through Thursday, January
1, 2015 — Free shuttle service to and from Diamond Bar Shopping
Centers. For 18 years and older.
5.2 Planning Commission Meeting — December 23, 2014 — Cancelled.
5.3 Parks and Recreation Commission Meeting — December 25, 2014 -
Cancelled.
5.4 Christmas Holiday — December 24 and 25, 2014 - City Offices will be
closed in Observance of the Christmas Holiday. City Offices will re -open
Friday, December 26, 2014 at 7:30 a.m.
5.5 Holiday Tree Curbside Collection Program — December 26, 2014 through
January 8, 2015. Trees free of decorations and flocking may be left at the
curb for free pickup during this period. Any tree over 6 ft. must be cut in
half.
5.6 Late Night Transit Pass Sale — Tuesday, December 30, 2014, - Until 7:00
p.m., Diamond Bar City Hall, 21810 Copley Drive. (This will be the last
Late Night Transit Pass).
5.7 New Year's Holiday — January 1, 2015 — City Offices will be closed
Thursday, January 1, 2015 in observance of New Year's Day. City Offices
will re -open Friday, January 2, 2015 at 7:30 a.m.
5.8 City Council Meeting — January 6, 2015 — 6:30 p.m. AQMD/Government
Center Auditorium, 21865 Copley Drive.
5.9 Traffic and Transportation Commission Meeting — January 8, 2015 - 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.10 Planning Commission Meeting — January 13, 2015 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.11 Winter Snow Fest — January 17, 2015 — 9:00 a.m. — 3:00 p.m. — Pantera
Park, 738 Pantera Drive.
December 16, 2014 PAGE 3
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of December 2, 2014.
Recommended Action: Approve as submitted.
Requested by: City Clerk
6.2 Planning Commission Minutes — Regular Meeting of October 28, 2014.
Recommended Action: Receive and File.
Requested by: Community Development Department
6.3 Ratification of Check Register — Dated November 27, 2014 through
December 10, 2014 totaling $539,573.75.
Recommended Action: Ratify.
Requested by: Finance Department
6.4 Approve Reduction of 98.28% of Surety Bond No. 0183110 to
Complete Grading and Erosion Control Improvements and Full
Exoneration of Surety Bond No. 929590935 to Complete In -
Tract Private Storm Drain Improvements for Tract Map 72295 (Willow
Heights Located at the Southeast Corner of Diamond Bar Boulevard
and Brea Canyon Road).
Recommended Action: Reduce Bond No. 0183110 from $1,907,669.90 to
$54,237.90; and Exoneration of Bond No. 929590935 in the Amount of
$1,008,786.
Requested by: Public Works Department
6.5 Accept Work Performed by Green Building Corporation for
Construction of the Grand View Trail and the Grand View Trail Link;
Direct the City Clerk to File the Notice of Completion; and, Release
the Retention Thirty -Five Days after the Recordation Date.
Recommended Action: Accept and Authorize.
Requested by: Community Services Department
December 16, 2014 PAGE 4
6.6 Adopt Resolution No. 2014 -XX: Approving Cooperative Agreement
for Bridge Preventative Maintenance Work on Chino Hills Parkway
with the County of Los Angeles Department of Public Works.
Recommended Action: Adopt.
Requested by: Public Works Department
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearing - Ordinance No. XX (2014): An Ordinance of the City
Council of the City of Diamond Bar Amending Section 12.00.240
Relating to Parking of Motor Vehicles in City Parks.
Recommended Action: Receive Staff's Report, Open the Public Hearing,
Receive Public Testimony, Close the Public Hearing and Approve for First
Reading by Title Only, Waive Full Reading.
Requested by: Community Services Department
7.2 Public Hearing — Adopt Resolution No. 2014 -XX: Approving the
Community Development Block Grant Program Allocation Including
$203,875 in Fiscal Year 2015-16 Funds and $87,020 from Unallocated
Balance of Funds for the Total Amount of $290,895.
Recommended Action: Receive Staff Report, Open Public Hearing,
Receive Testimony, Close Public Hearing and Adopt.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION:
8.1 Ratify City Council Committee Appointments and Adopt Resolution
No. 2014 -XX: Confirming the Appointment of Specific
Representatives to the San Gabriel Valley Council of Governments.
Recommended Action: Ratify and Adopt.
Requested by: Mayor
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
December 16, 2014 PAGE 5
10. ADJOURNMENT: Adjourning tonight's meeting in memory of longtime resident
Gary Neely.
This meeting will adjourn to Monday, January 5, 2015, (time to be determined)
City Hall - Windmill Room, 21810 Copley Drive to conduct applicant interviews
for appointment to fill one city council vacancy.
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 2, 2014 [09MV
CALL TO ORDER: Mayor Herrera called the Regular City Council
Meeting to order at 6:30 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Reverend Dr. Jeanne Favreau-Sorvillo, Diamond Bar
United Church of Christ gave the invocation.
ROLL CALL: Council Members Lyons, Tanaka, Mayor Pro Tem
Tye and Mayor Herrera.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director;
Dianna Honeywell, Finance Director; Bob Rose, Community Services Director; Greg
Gubman, Community Development Director; Kimberly Young, Senior Civil Engineer;
Anthony Santos, Senior Management Analyst; Isaac Aziz, Network Systems
Administrator; Marsha Roa, Public Information Manager; Cecilia Arellano, Public
Information Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented
CITY COUNCIL REORGANIZATION:
1. Selection of Mayor
C/Lyons nominated C[Tye to serve as Mayor of the City of Diamond Bar. There
were no other nominations offered. C/Tye was elected to serve as Mayor by the
following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Lyons, Tanaka, Tye
NOES:
COUNCIL MEMBERS:
None.
ABSENT:
COUNCIL MEMBERS:
None.
2. Selection of Mayor Pro Tem
C/Herrera nominated C/Lyons to serve as Mayor Pro Tem of the City of Diamond
Bar. There were no other nominations offered. C/Lyons was elected to serve as
Mayor Pro Tem by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Lyons, Tanaka, M/Tye
NOES:
COUNCIL MEMBERS:
None.
ABSENT:
COUNCIL MEMBERS:
None.
December 2, 2014 PAGE 2 CITY COUNCIL
3. Presentation to Outgoing Mayor Carol Herrera
M/Tye and Council Members presented outgoing Mayor Herrera with a gavel for
completion of her 5th non-consecutive term as Mayor.
MPT/Lyons said she, the Council and the City appreciated outgoing Mayor
Herrera's leadership during 2014.
C/Tanaka thanked outgoing Mayor Herrera for a great job serving as Mayor of
the City during 2014.
Outgoing Mayor Herrera said it was her very great pleasure to serve as the City's
Mayor during its 25th Anniversary year. There were many memorable events
including dedication of the time capsule, dedication of the Windmill, opening of
new trails in parks and other numerous events. Staff was very busy throughout
the year and did a wonderful job in planning and preparing for the many events.
She feels very privileged to have been able to serve as Mayor during this
particular year. She is also proud of the City's efforts with respect to other
outstanding accomplishments including receipt of a $10 million TIGER National
Grant to help with construction of the SR57/60 interchange, a project that took a
lot of hard work on the part of staff and Council Members during 2014 and
previous years to get this project nationally recognized. She thanked her
colleagues for their support and thanked staff for doing such a great job all year
long.
RECESS TO RECEPTION: M/Tye recessed the City Council meeting at 6:38 p.m.
RECONVENE: M/Tye reconvened the City Council meeting at 6:53 p.m.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Oral and Video Presentation of Windmill Dedication Ceremony
CM/DeStefano reported that the dedication of the Windmill took place on
Thursday morning, November 20, 2014 at the corner of Diamond Bar
Boulevard and Grand Avenue where the Windmill has stood for nearly 50
years. Many attended the event including members of the Historical
Society, the Diamond Bar Breakfast Lions Club, the Chamber of
Commerce and present and past Diamond Bar City Council Members.
During her remarks, former Mayor Carol Herrera provided history about
the significance of windmills that were in this area during the ranch days
that were used to pump water for irrigation, livestock and for other ranch
operations. The Windmill remains an icon of great historic value and
significance for the community. It is a prevalent symbol in the City's Seal,
the City's business cards, and is included in various City beautification
December 2, 2014 PAGE 3 CITY COUNCIL
efforts, both existing and forthcoming. The Windmill's location was a result of
many individuals coming together to help make the dedication happen. Many
were recognized during the dedication including Don Ury, Capitol Corporation
Branch of Transamerica who sold the property and had the Windmill relocated on
the lot when this center was finished, to the current property owners ROIC and
Richard K. Schoebel, ROIC's Chief Operating Officer. While many individuals
believed the City owned the Windmill, in fact, it has been and remains to be
privately held. Without the efforts of Richard Schoebel and the ROIC the City
would not have been able to enter into a perpetual long-term maintenance and
preservation agreement. As a result of that agreement, City staff members
transformed the aging Windmill by reverting it back to its original status by
repairing, repainting, greasing, etc. as necessary to fulfill the agreement and
ongoing efforts. The new colors which are bright are the original colors when it
was originally placed in the City. This event was concluded with a group photo
near the Windmill which can be found on the City's website under the Photo
Gallery heading as well as, a 15 -minute video of the complete ceremony which is
available on the City's website, YouTube channel, DBTV for Time Warner and
Verizon FIOS subscribers.
CM/DeStefano presented the video and concluded his remarks.
3. PUBLIC COMMENTS:
Joshua Murray, Teen Services Librarian, Diamond Bar Library invited residents
to attend the December Library programs and events which can be found on the
library's website at www.colapublib.org/diamondbar or by calling 909-861-4978.
Events include a film screening for kids on December 3 at 4:00 p.m. in the
Windmill Room; on December 6 at 1:00 p.m. and 2:30 p.m. a holiday themed art
activity in the Windmill Room for children ages 2-11 (signup required by visiting
or calling the library); on December 9 and 16 at 3:30 p.m. teens will have an art
activity with a holiday theme; on December 10 at 4:00 p.m. the library will host a
very special holiday music concert appropriate for all ages in the Windmill Room;
on December 13 at 2:00 p.m. a gift -wrapping workshop in the Windmill Room
hosted by an award-winning gift -wrapping champion; and, story time programs
on December 9, 16 and 23 at 11:00 a.m. and December 13 at 10:30 a.m.
Everyone is invited to meet Santa in the children's area on December 20 at 2:00
p.m.
Surendra Mehta, Sunshine Senior Association, thanked the City Council for
doing a great job for the City and its residents. As a long-term resident of this
great City, a donor member of the Sunshine Senior Association and
Commissioner of Traffic and Transportation Commission, he thanked staff and
especially the Diamond Bar Center staff for always helping the association by
providing room and services for its activities. It is so good to see the City working
with many senior associations and giving an opportunity to all seniors to enhance
the quality of their lives. He conveyed his heartfelt thanks again on behalf of
community members present. The Sunshine Senior Association Christmas Party
December 2, 2014 PAGE 4 CITY COUNCIL
will take place on December 21 and invited Council Members and members of
the public to attend.
He understands that there is a vacancy on the City Council since Council
Member Ling -Ling Chang was elected and asked that the City Council consider
selecting a service -minded volunteer for the position and avoid a costly election
which will save the City close to $150,000. He wished everyone a wonderful
holiday season.
RESPONSE TO PUBLIC COMMENTS: None Offered.
4. SCHEDULE OF FUTURE EVENTS:
5.1 Holiday Diamond Ride — November 28, 2014 through January 1, 2015 —
Free Shuttle Service to and from Diamond Bar Shopping Centers — for
individuals 18 years and older only. For more information call 800-578-
6555 to schedule a ride.
5.2 Candy Cane Craft Fair — December 6, 2014 — 9:00 a.m. to 2:00 p.m.,
Diamond Bar Center, 1600 Grand Avenue.
5.3 Planning Commission Meeting — December 9, 2014 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.4 Traffic and Transportation Commission Meeting — December 11, 2014 —
7:00 p.m., Windmill Community Room, 21810 Copley Drive — Canceled.
5.5 City Council Meeting — December 16, 2014 — 6:30 p.m.,
SCAQMD/Government Center Auditorium, 21865 Copley Drive.
5.6 Planning Commission Meeting — December 23, 2014 — Canceled.
5.7 Parks and Recreation Commission Meeting — December 25, 2014 —
Canceled.
5.8 Christmas Holiday — December 24 and 25, 2014 City Offices will be
closed in Observance of the Christmas Holiday — City Offices will reopen
Friday, December 26, 2014 at 7:30 a.m.
5.9 Holiday Tree Curbside Collection Program — December 26, 2014 through
January 8, 2015. Trees free of decorations and flocking may be left at the
curb for free pickup during this period. Any tree in excess of 6 feet must
be cut in half.
5.10 Late Night Transit Pass Sale — Tuesday, December 30, 2014 until 7:00
p.m., Diamond Bar City Hall, 21810 Copley Drive (This will be the last Late
Night Transit Pass Sale)
December 2, 2014 PAGE 5
CITY COUNCIL
6. CONSENT CALENDAR: C/Herrera moved, MPT/Lyons seconded, to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tanaka, MPT/Lyons, M/Tye
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of November
18, 2014.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of October 23, 2014.
6.3 RATIFIED CHECK REGISTER — Dated November 13, 2014 through
November 26, 2014 totaling $1,392,233.64.
6.4 APPROVED TREASURER'S STATEMENT — Month of October 2014.
6.5 ADOPTED RESOLUTION NO. 2014-45: APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHED A PROJECT PAYMENT
ACCOUNT, WAIVED BID IRREGULARIES, AND AWARDED
CONSTRUCTION CONTRACT FOR THE 2014-2015 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AREA 2 SIDEWALK
INSTALLATION PROJECT TO TSR CONSTRUCTION AND
INSPECTION IN THE AMOUNT OF $124,420 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $31,105 FOR PROJECT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $155,525.
6.6 APPROVED UPDATED SANITARY SEWER MANAGEMENT PLAN
(SSMP) AS REQUIRED BY THE STATE WATER RESOURCES
CONTROL BOARD (SWRCB) ORDER NO. 2006-003.
7. CONTINUED PUBLIC HEARING:
7.1 ORDINANCE 08 (2014): AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING URGENCY
ORDINANCE 03 (2014) SUSPENDING CHAPTER 8.26 OF THE
DIAMOND BAR MUNICIPAL CODE AND PROHIBITING THE
OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES. (Continued from November 18, 2014)
CM/DeStefano stated that this matter involves an Urgency Ordinance
extending an Ordinance that was adopted last year which suspends
Chapter 8.26 of the Diamond Bar Municipal Code and prohibits the
operation and establishment of Medical Marijuana Dispensaries.
December 2, 2014 PAGE 6 CITY COUNCIL
DCM/McLean stated that this item is adoption of an Urgency Ordinance
extending a previous Urgency Ordinance prohibiting the operation and
establishment of Medical Marijuana Dispensaries in the City. This item
was continued from the last City Council meeting on November 18.
Proposition 215 is a State Proposition that allows for the growth and use
of medical marijuana by primary caregivers and authorized users.
However, State law does not provide authorization for retail medical
marijuana dispensaries and the use and distribution of marijuana remains
a criminal offense under Federal Law. Given the contradiction between
state and federal law, and in an effort to retain local control over land use
decisions, the City Council adopted Urgency Ordinance 02 (2014) in
January 2014 which established the temporary moratorium on Medical
Marijuana Dispensaries. This Ordinance was subsequently extended by
the City Council on February pushing the temporary Moratorium expiration
date to January 20, 2015. Concurrently, the City Council adopted
Ordinance 04 (2014) fully prohibiting Medical Marijuana Dispensaries of
any kind. Due to a legal challenge filed by the Union of Medical Marijuana
Patients filed after passage of the ordinance, the City Council chose not to
direct that the overlapping Urgency Ordinance be allowed to expire, which
means that at this time, both the Urgency Ordinance Moratorium and the
Permanent Ordinance are in effect. The legal challenge to the permanent
ordinance is expected to be heard by the Courts in January 2015. While
the City Attorney is confident that the permanent ordinance will be upheld,
it is recommended that the City Council adopt the Urgency Ordinance
before it tonight which will extend the Urgency Ordinance Moratorium an
additional 12 months and will provide continued coverage as the legal
system works through the case.
M/Tye opened the Public Hearing.
With no one present wishing to speak on this item, M[Tye closed the
Public Hearing.
C/Herrera moved, C/Tanaka seconded, to adopt Ordinance 08 (2014): An
Urgency Ordinance of the City Council of the City of Diamond Bar
Extending Urgency Ordinance (03)2014 Suspending Chapter 8.26 of the
Diamond Bar Municipal Code and Prohibiting the. Operation and
Establishment of Medical Marijuana Dispensaries. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
December 2, 2014 PAGE 7 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 CITY COUNCIL VACANCY:
CM/DeStefano stated that for the fifth time in the short 25 -year history of
Diamond Bar, a member of the City Council has been elected to higher
office. Council Member Chang was elected to the Assembly Seat in
District 55 about a month ago and was sworn in as the new Assembly
Member yesterday. This event creates a vacancy on the City Council.
Pursuant to State Government Code §36512(b), the City Council has 60
days from the day of the vacancy (December 1, 2014) to reach its decision
by January 30, 2015 to make an appointment or call for an election to fill
the vacancy on the City Council. The City Council has faced this situation
several times in the past and has chosen to appoint the replacement for
previous times while calling for a special election only once in the City's
history. The Council has options which include appointment of an
individual for the remainder of the term which lasts until November 2017.
Council Member Chang was voted into office last year and the full term of
her appointment would expire November 2017. The appointment requires
a majority vote of the Council Members present in a quorum and the
appointed individual must be a US Citizen, a Diamond Bar resident, a
registered voter and be 18 years of age or older.
The Council is under no legal obligation to advertise the vacancy, solicit
applications, or conduct interviews before appointing an individual to the
empty seat and it may choose any process for the appointment the
Council deems appropriate. However, should the Council choose to
appoint, staff is recommending a uniform application and interview
process, to be used to select the most qualified candidate. Staff has
prepared a draft Appointment Application form which is found within staff's
report and will be posted online. The application includes fundamental
questions about the candidate's name, address, general interest, and asks
a couple of questions to be answered which would help to identify their
background and interest in seeking the seat. All of the meetings wherein
the Council would consider candidates for the position, interview
applicants and then make a decision on an appointee must be made in a
public setting in a public meeting. If the Council were to move forward
with an appointment process, staff would recommend that the Council
make that decision tonight due to a very short period of time (only 60
days) during which there are holidays and other commitments that will cut
into the time period.
If the Council makes a decision to appoint tonight, there is sufficient time
to make a decision on whether or not the Council wishes to move forward
with an election. If the Council were to decide to move forward with an
appointment tonight, staff would immediately announce the opportunity for
December 2, 2014 PAGE 8 CITY COUNCIL
applications to be received. Staff is recommending a little more than a
two-week process for the receipt of applications thereby closing on Friday,
December 19 at 4:30 p.m. and further suggesting that the week of January
5 (Monday prior to the January 6 City Council meeting) be used for
Council interviews with potential candidates followed by Council
deliberation and discussion. Staff would ask that Council Members look at
the week of January 5th to see if the appropriate time can be set aside to
call for a meeting and interview process and consider additional interview
dates during that week. Since the number of interested candidates is
unknown at this time, the assumption is that all applicants would be
interviewed which might require one long day or a few evenings or a
Saturday. Once ready, the Council can make the appointment at any
time; however, the appointment needs to be made at a public meeting.
The City Council can appoint an individual to serve only until a special
election is held. So, if the Council were to appoint an individual it could be
until a special election is called by the City Council. Based on the rules
set forth that special election would likely be no sooner than the first
Tuesday in June 2015 or any other date, or the first Tuesday in November
2015. If the Council were to appoint an individual to serve only until a
special election is held, the term would last until the election.
The third option is to simply call for a Special Election. If the City Council
were to take the 60 days to consider calling for a Special Election, and
assuming the Council did so just prior to January 30, 2015 there is a state
requirement that there has to be a minimum of 114 days prior to calling a
Special Election. Therefore, the City Council could have a Special
Election on June 2, 2015 or an election on November 3, 2015 which would
be concurrent with the regularly scheduled election for two seats. If the
City Council chose to call for a Special Election it could appoint an
individual to fill the vacancy or, leave the seat vacant and run the City
Council with its current four members.
Staff's recommendation to consider an appointment is as a result of the
Council's successful use of that tool by the current and prior Council
Members over the years in dealing with vacancies that have occurred.
Staff's recommendation is also a result of the cost associated with a
special election which staff anticipates would cost about $150,000 which is
not budgeted for but could be budgeted for. He, DCM/McLean and the
City Attorney helped prepare the staff report on this item and are present
to answer any questions the Council may have.
M/Tye asked if he heard correctly that the City Council could leave the
seat vacant until November 2015.
CM/DeStefano responded affirmatively.
December 2, 2014 PAGE 9 CITY COUNCIL
C/Herrera asked if the Council made a decision to make an appointment
and come the first week in January the Council was not able to come to
majority agreement on a candidate, could the Council then call for a
Special Election or combine it with the November 3rd election.
CM/DeStefano again responded affirmatively.
C/Herrera said she did not believe it was a realistic expenditure of public
funds to spend $150,000 on a Special Election. She believes there are
several very good citizens who are interested in serving the City and
serving the residents and believed it made greater sense to accept
applications beginning today and continue accepting applications through
December 19 and see where that leads the City Council the beginning of
January 2015.
C/Tanaka said he favored making an appointment for the remainder of the
term.
MPT/Lyons said she would need to follow the lead of her experienced
colleagues because she has no experience on this issue. She would
prefer the City not spend money on a special election and felt there would
be sufficient interest to allow the Council to consider candidates for
appointment.
M/Tye said he agreed with his colleagues that a special election did not
make sense for the City. While the City can afford the $120 or $150,000
he did not believe that was the best use of the City's resources. He
believes that in a community of 27,000 registered voters it is likely that the
Council can agree on one qualified candidate. When the Council goes
through the process of interviewing and makes its decision he agrees with
C/Herrera's bifurcation of the issue that if the Council gets to January 30,
2015 and it has not made a decision the Council would be forced to go
with a special election and by deciding to go with an appointment process
it does not take away any of the Council's options.
M/Tye reiterated that there is Council concurrence for an appointment
process and asked if the Council had to decide this evening on the length
of the appointment process.
CA/DeBerry responded "no". Within 60 days the Council will have to
decide to either make an appointment for the remainder of the term, make
an appointment until a special direction is held, or call a special election.
So, that determination could be made sometime in January 2015.
M/Tye asked if there was anyone who wished to speak.
With no one present who wished to speak on this item, M/Tye closed
December 2, 2014 PAGE 10 CITY COUNCIL
public comments.
C/Herrera moved, MPT/Lyons seconded, to adopt staff's recommended
Option 1 to accept applications beginning December 2, 2014 and closing
December 19, 2014, with Council interview of selected candidates with
appointment and length of appointment announcement at a City Council
meeting prior to January 30, 2015. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CM/DeStefano stated that staff understands Council's direction and will
commence with the public notification process. The application has been
prepared and posted online so that interested parties can download the
application and begin the process. The next City Council meeting is
December 16. That evening, upon conclusion of the Council's business
items, staff will ask that the meeting be adjourned to a special meeting,
hopefully on Monday, January 5, to start the interview process. The
Council can pick anytime in January but would recommend that the
Council look at January 5 as the date to provide Council with sufficient
time to consider the applications and have the entire month of January to
make its decision.
RECESS: M/Tye recessed the City Council meeting to the Public Financing Authority
meeting at 7:32 p.m.
RECONVENE: M/Tye reconvened the City Council meeting at 7:37 p.m.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka hoped that everyone had a nice Thanksgiving holiday. He and his wife
Wanda are reminded of how much they have to be thankful for. On November
20 he attended the historic Windmill Dedication and thanked all who made it
possible including the Historical Society and the Diamond Bar Breakfast Lions
Club for the plaque that was installed at the site 11 years ago. He attended the
November 22 Grandview Trail Opening and said it was a great day for hiking.
The trail is a great addition to the many trails in the City which challenge hikers at
all levels of competence. He thanked all who have supported him and kept him
in their prayers over the past few weeks.
C/Herrera thanked staff for the great Windmill Dedication Ceremony and thanked
the Diamond Bar Historical Society for their preservation of photos that were
replicated and given to John Forbing who kept the memorabilia in his garage to
December 2, 2014 PAGE 11 CITY COUNCIL
preserve the history for the future. The Windmill plays a significant part in the
history of Diamond Bar its likeness is part of the City's logo, the City pin, the City
stationery and is on the cover of the Windmill Magazine. She is very pleased
that after many years of this matter being on the list of City Council Goals the
City was able to get the Windmill preserved and secured in perpetuity. She
hopes everyone had a nice Thanksgiving as she did and thanked everyone for
attending.
MPT/Lyons congratulated M/Tye on being appointed Mayor. She enjoyed the
Windmill video and hoped to see the full 20 -minute video with sound very soon.
She attended the Grandview Trail Opening with her colleagues and was the only
Council Member who hiked the trail. She thanked CSD/Rose and CSC/Tarazon
for their work toward making the trail opening possible. The event was very well
attended. It was a beautiful day and was an outstanding event. During the
presentation Congressman Royce congratulated the City on the new trail. He
mentioned that his office was aware of several other grants the City could apply
for and she wanted to make sure CSD/Rose was aware of these grants and
perhaps there would be grants for fields as well to be used to spruce up the
City's fields. She thanked former Mayor Herrera for her leadership and
mentorship which was important to C/Lyons as the rookie Council Member to be
able to ask Mayor Herrera questions which she was always happy to answer.
M/Tye thanked staff for all that they do. The Windmill Dedication was a Council
Goal for many years and it is nice to be involved in seeing it to fruition. It is good
to have it preserved for as long as possible. The Grandview Trail Grand Opening
was another opportunity for the City.
M/Tye stated that it is his privilege to serve the City of Diamond Bar on the
Council and as the City's Mayor, to be able to represent residents locally,
regionally and at the state level. He takes the responsibility very seriously and is
grateful to work with his colleagues and hopes there will be a 5th Council Person
selected within the next 60 days to fill out the Council. He also feels privileged to
work with as fine a staff as he has ever seen in any City anywhere.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
City Council Meeting at 7:47 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2014.
STEVE TYE, MAYOR
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
OCTOBER 28, 2014
CALL TO ORDER:
Agenda No. 6.2
Chairman Frank Farago called the meeting to order at 7:02 p.m. in the City Hall
Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Mahlke led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Ruth Low, Jennifer "Fred" Mahlke,
Peter Pirritano, and Chairman Frank Farago
Absent: Vice Chairman Jimmy Lin was excused.
Also present: Greg Gubman, Community Development Director;
Grace Lee, Senior Planner; Natalie T. Espinoza, Assistant Planner, and Stella
Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the October 14 2014 Regular Meeting.
C/Mahlke moved, C/Pirritano seconded, to approve the October 14,
2014, regular meeting minutes as presented. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS
COMMISSIONERS
5. OLD BUSINESS: None
Low, Mahlke, Pirritano,
Chair/Farago
None
VC/Lin
OCTOBER 28, 2014
PAGE 2 PLANNING COMMISSION
6. NEW BUSINESS: None
PUBLIC HEARING(S):
7.1 Development Review and Minor Conditional Use Permit
No. PL2014-516 - Under the authority of Diamond Bar Municipal Code
Sections 22.48 and 22.56, applicant and property owners Stephen
Hannah and Tineke Norrdin requested Development Review approval to
construct a two-story addition consisting of 637 square feet of floor area
to an existing 2,089 square foot single family residence with an attached
610 square foot garage on a 0.24 gross acre (10,450 gross square foot)
lot. A Minor Conditional Use Permit was requested to allow a second
story addition to an existing nonconforming structure with a front setback
of 17 feet 11 inches (where 20 feet is required), and a nonconforming
distance of 10 feet to the structure to the adjacent lot to the east (where
15 feet is required). The subject property is zoned Low Medium Density
Residential (RLM) with an underlying General Plan land use designation
of Low Density Residential.
PROJECT ADDRESS: 22805 Rio Lobos Road
Diamond Bar, CA 91765
PROPERTY OWNERS/ Stephen Hannah and Tineke Norrdin
APPLICANTS: 22805 Rio Lobos Road
Diamond Bar, CA 91765
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional
Use Permit No. PL2014-516, based on the Findings of Fact, and subject
to the conditions of approval as listed within the resolution.
C/Mahlke asked if the chimney would be removed and AP/Espinoza
responded that it would be removed to add the double doors at the back.
Chair/Farago opened the public hearing.
With no one present who wished to speak on this item, Chair/Farago
closed the public hearing.
OCTOBER 28, 2014
E
91
PAGE 3 PLANNING COMMISSION
C/Mahlke moved, C/Pirritano seconded, to approve Development
Review and Minor Conditional Use Permit No. PL2014-516, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Low, Mahike, Pirritano,
Chair/Farago
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Lin
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman reported that the Commission's normally next scheduled
meeting is November 11, Veterans' Day, and that meeting will be
canceled. The Commission will reconvene on Tuesday, November 25,
two days prior to Thanksgiving. The November 25 agenda includes a
proposed drive-through car wash addition to the Chevron Station located
across the street from Diamond Bar High School at the corner of Brea
Canyon Road and Pathfinder Road. Staff also expects to have the new
commercial building on the vacant pad across from Chili's on the
November 25 agenda for approval. If the Commission would like, he will
make a brief presentation to show the new City entry monuments
approved by the City Council last week.
CDD/Gubman proceeded with his Power Point presentation of the final
approved design for the new City entry monuments, an offshoot of the
Grand Avenue Beautification Project, a complete reconstruction of the
intersection of Grand Avenue and Diamond Bar Boulevard establishing
a new design palette and unifying theme and character that defines the
character of the City, intended to be carried throughout the City as
intersections and key corridors are improved. The first proposed location
for the City entry monument is at Grand Avenue and Longview replacing
the existing "fly swatter" pole in the median. A new landscape median
will be extended to the City limit to accommodate placement of the new
monument sign which incorporates thematic elements from the Grand
Avenue Beautification and visual character of the City's natural setting,
stone cladding from the Diamond Bar Center and abstracted shapes and
symbols found in the City Seal. There is no literal representation of the
City's seal on any of the monument surfaces because the seal is very
distinctive, formal and officious and staff wanted to avoid that tone in the
new design to let folks know they are entering a place and not a
jurisdiction.
C/Mahlke asked the height of the new monument sign and CDD/Gubman
responded that it is about 10 feet tall.
CDD/Gubman explained the look and materials used for the monument
sign and said that the name "City of Diamond Bar" was avoided to give
people the idea that they were "entering our turf' and only "Diamond Bar"
was used to reinforce Diamond Bar as a brand and that they were
entering a "Place.". In addition to the monument in the center there will
be pillars on either side to create a "gateway" composition. Eventually,
these monument features will be used at each of the City's entries and
more significantly, as the new landmark entry feature at the new
Diamond Canyon Park at the corner of Diamond Bar Boulevard and Brea
Canyon Road.
C/Low asked if the plantings would be varied throughout the City or more
uniform in nature. CDD/Gubman responded that the plant palette is the
same palette that the Diamond Bar Boulevard Beautification project
enjoys. There will be perennials to provide the background color and
structure and annuals to provide diversity throughout the year.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
OCTOBER 28, 2014 PAGE 5 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Farago adjourned the regular meeting at 7:29 p.m.
The foregoing minutes are hereby approved this 25th day of November, 2014.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
CITY COUNCIL
Agenda # 6 . 3
Meeting Date: December 16, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Man
TITLE: Ratification of Check Register date November 27, 2014 through
December 10, 2014 totaling $ 539,573.75
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 539,573.75 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 November 27, 2014 through
December 10, 2014 for $ 539,573.75 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:
Luisa Allen
Accounting Technician
REVIEWED B '
Finance Director
Attachments: Affidavit and Check Register— 11/27/14 through 12/10/14.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated November 27, 2014 through December 10, 2014 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Description
General Fund
Prop A - Transit Fund
Prop C - Transit Tax Fund
Intergrated Waste Management Fund
Com Dev Block Grant Fund
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Signed:
1ti`a+}iG�v�ui� U
Dianna Honeywell iv
Finance Director
Amount
$403,694.43
$81,037.32
$5,922.99
$14,127.52
$461.24
$13,038.16
$11,957.16
$4,363.03
4,971.90
$539,573.75
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CITY COUNCIL
Agenda # 6 . 4
Meeting Date: December 16, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: REDUCTION OF 98.28% OF SURETY BOND NO. 0183110 TO
COMPLETE GRADING AND EROSION CONTROL IMPROVEMENTS
AND FULL EXONERATION OF SURETY BOND NO 929590935 TO
COMPLETE IN -TRACT PRIVATE STORM DRAIN IMPROVEMENTS
FOR TRACT MAP 72295 (WILLOW HEIGHTS LOCATED AT THE
SOUTHEAST CORNER OF DIAMOND BAR BLVD. AND BREA
CANYON ROAD)
RECOMMENDATION:
Approve the reduction of Bond No. 0183110 and exoneration of Bond No. 929590935.
FINANCIAL IMPACT:
This action has no financial impact on the City.
BACKGROUND:
In accordance with Section 66462 of the Subdivision Map Act, the City entered into
agreement with the subdivider, Lennar Homes of California, Inc., to complete various
improvements for Tract Map 72295. The subdivider guaranteed faithful performance of
said agreement by posting with the City a surety bond for rough grading, erosion
control, private storm drain improvements, private street improvements, public street
improvements, sewer improvements, landscape and irrigation, private street lights and
public street lights. While the entirety of all conditions of approval for the project have
not been met, staff has confirmed that the rough grading has been completed and the
remaining bond amount will stay in place for the erosion control measures that are
required for the duration of the project. Additionally, all of the storm drain improvements
have been completed to date and are acceptable to the City. The subdivider has
requested a reduction of 98.28% of the surety bond posted for rough grading and a full
exoneration of the storm drain bond. Expected full project completion is set for August
2016.
DISCUSSION:
Upon receiving written request from Lennar Homes of California, Inc. on October 2,
2014 for the rough grading bond reduction and December 5, 2014 for the storm drain
bond exoneration, the City's inspectors have verified that the rough grading and storm
drain improvements have been completed and all grading and storm drain conditions for
the project have been met.
The following surety bond is recommended for 98.28% reduction:
Surety Bond No. 0183110 in the amount of $1,907,669.90 reduced to $54,237.90.
The following surety bond is recommended for full exoneration:
Surety Bond No. 929582966 in the amount of 1,008,786.00
PREPARED BY: DATE PREPARED:
Kimberly M. Young, Senior Civil Engineer December 8, 2014
REVIEWED BY:
--11 -�L
David G. irector of Public Works
Attachments:
LETTER OF REQUEST, October 2, 2014
LETTER OF REQUEST, December 5, 2014
2
October 2, 2014
Kimberly M. Young, Sr. Civil Engineer
City of Diamond Bar, Public Works Dept.
21810 Copley Drive
Diamond Bar, CA
Subject: Grading & Erosion Control Bond Reduction, Permit No.
PR20130001701, Bond No. 0183110, Willow Heights
Dear Ms. Young:
We are hereby requesting a reduction of the rough grading and erosion control bond
(Bond No. 0183110) for Permit No. PR20130001701 from $1,907,669.90 to $54,237.90.
The rough grading is complete as evidenced by the enclosed certification from the civil
and geotechnical engineer. We are continuing to implement the erosion control for the
project which is represented by the remaining amount of $54,237.90.
Also enclosed is a copy of the bond and engineer's estimate for your reference. Please do
not hesitate to contact me at (949) 349.8285 or Geoffrey.Smith@Lennar.com should you
have any questions or require additional information.
Sincerely,
LENNAR HOMES OF CALIFORNIA, INC.
Geoff Smith
Director of Community Development
Attachment: Bond No. 0183110, Rough Grade Certification, Engineer's Estimate
25 Enterprise, Suite 300 • Aliso Viejo, CA 92656. 949-349-8000
LEMMAR.COM
Executed in Duplicate
Bond No. 0183110
Premium: $16,215.00 initial 2 -year term,
subject to annual renewal
premium therafter
CITY OF DIAMOND BAR
PRIVATE DEVE LOPME NT IMPROVEME NT BOND
(LABOR AND MATERIALS AND FAITHFUL PERFORMANCE)
KNOW ALL MEN BY THESE PRESENTS: That Lennar Homes of California, Inc
as, and hereinafter referred to collectively as, "Principal", and
Berkley Insurance Company a corporation organized and existing under the
laws of the State of Delaware and duly authorized to transact surety
business in the State of California as, and hereinafter referred to as, "Surety", are held
and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in
the sum of $1,907,669.90 for Faithful Performance and $ 1,907,669.90 for Labor and
Materials, for the payment of which Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a parcel of land in the City, which it is
seeking to perform Private Development Improvements in the form of Rough Grading
and erosion control improvements, hereinafter referred to as, "Improvements", and has
filed with the City improvement plans and permit application for such parcel of land
described as: Vesting Tentative Tract Map 72295 and
WHEREAS, as a condition precedent to the approval of said improvement plans,
Principal is required to deliver to the City a bond, securing payment to the contractor, his
subcontractors and to persons renting equipment or furnishing labor and/or materials to
them for such Improvements and in the faithful performance of Principal to complete
such Improvements pursuant to the provisions of the City's Code and Standards; and
WHEREAS, as all such Improvements is to be performed in accordance with the
improvement plans approved by the City Engineer for such parcel; and
WHEREAS, Principal shall perform any changes or alterations in the
Improvements required by the City to conform to approved plans for above said
Improvements; and
WHEREAS, Principal shall complete the improvement operations within 180
days from the date of commencement; and
WHEREAS, the completion of such Improvements shall be at the sole cost and
expense of Principal.
NOW, THEREFORE, if Principal shall faithfully perform and shall pay the
contractor, his subcontractors and all persons renting equipment or furnishing labor or
materials to them for the full cost of all work as shown on the improvement plan in
accordance with the conditions of approval of said plan and permit, then this obligation
shall be null and void.
PROVIDED, HOWEVER, if Principal shall not pay the contractor, his
subcontractors and all persons renting equipment or furnishing labor or materials to them
for the full cost of said approved improvements, then this obligation shall remain in full
force and effect and such contractor', subcontractor, City and persons shall have a direct
right of action against the Principal and Surety under this obligation, subject to the
priority of the City.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all work as
shown on the approved improvement plan, then this obligation shall remain in full force
and effect. This bond will not be exonerated without full satisfaction of improvements by
all City departments.
PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees
that no change, extension of time, alteration of modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification ofthe contract documents or ofwork to be performed thereunder; and
PROVIDED, FURTHER, that in case suit is brought upon this bond by the City
or any other person who may bring an action on this bond, a reasonable attorney's fee, to
be fixed by the Court, shall be paid by Principal or Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly
signed and sealed this 6th day of March 2014 .
SURETY t (Corporate Seal) PRINCI L (Corporate Seal)
ByU�! By
By Irene Lau, Attorney -in -Fact By oriu
Berkley Insurance Company
475 Steamboat Road L nnar H mes of California, Inc., a C
Greenwich, CT 06830 25 nter rise, Suite 300
AfsA�Iiei CA 92656
ADDRESS ADDRESS
Name of surety agent in the event of claim: Marsh Risk & Insurance Services
Surety agent address: 17901 Von Karman Avenue, Ste. 1100, Irvine, CA 92614
Surety agent telephone number: 949-399-5800
Surety agent facsimile: 949-833-3027
Surety agent email address:. mechelle.v.larkin@marsh.com
Note: This bond must be executed in duplicate and dated, all signatures must be
notarized, and evidence of the authority of any person signing as attorney-in-
fact must be attached.
r
corporation
[N_14114V011EVA 4111�71� � ► • t � u ► 1
State of California
County of Oranoe
On MAR 0 G 2011 before me, Kathv R. Mair, Notary Public
DATE [Name of Notary Public and Title "Notary Public"]
personally appeared Irene Lau ------------------------------------------
[Named) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in h+s/her/theiP authorized capacity(-ies), and that by his/her/them signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
KATHY R. MAIR
Commission #2021597
=e Notary Public - California i
z orange County
My Comm, Expires May 22,2017t
(Seal)
WITNESS my hand and official seal.
Ic
Signature of Norkry Public
--------------------------------------------- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner— ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
No. BI -7850a
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
-o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), p corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Jeffrey Strassner, Patricia Talavera, Cesar F. Javier,
Tenzer V. Cunningham, Natalie K Trofrmoff, Irene Lau, Kathy R. Malt, Mech elle V. Larkin or Brenda Wong of Marsh USA
P Inc. of Los Angeles, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute,
seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing
.; that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such
=- bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their
a
` own proper persons.
?
a 'a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
,} without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
.�n resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
WRESOLVED, that, with respect to the Surety business written by Berkley Surety Group, LLC, the Chairman of the Board,
Chief Executive Officer, President or any Vice President of the. Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
N -L. to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
�E RESOLVED, that such power of attorney limits the acts of those named thereinto the bonds, undertakings, recognizances,
oa or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
F_ RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
further
E RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
._. though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
w . ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this day of , 2012.
Attest: Berkley Insurance Company
(Seal) By By
IraLedermanHafley
-� Senior Vice President & Secretary nior ice President
T C-
.:...; WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2012, by Ira S. Lederman and
>, Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the S for Vice President, respectively, of
E o Berkley Insurance Company. EILEEN KILLEEN
NOTARY PUBLICNotary
a ���-_
w
MY COMMISSIONEXPIRESJUNENotary Public, State of Connecticut
N CERTIFICATE
d I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of
Aomey is attached, is in full force and effect as of this date. MAR 0 6 2014
Given under my hand and seal of the Company, this _ day of ,
(Seal)
Andr w M. m
State of California
County of Orange
On March 10, 2014 before me, Jolie Lannon -Berry, Notary Public, personally
appeared John Baayoun, who 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 he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and offi I seal.
Signature
Qn
JOLIE LANNON-BERRY
commission # 1965722
`d - Notary Public - California z
Z "'' Orange County
My Comm. Expires Jan 6, 2016
CITY OF DIAMOND BAR
31825 E. COPLEY DRIVE
DIAMOND BAR, CA 91765-4177
(909) 860-2489 (909) 861-3117 FAX
SUPERVISED GRADING INSPECTION CERTIFICATE
JOB ADDRESS/LOT AND TRACT No. Tract72295 PERMITNO, PR20130001701
OWNER Lennar Homes of California, Inc CONTRACTOR Mesa General Engineering Inc
SOILS ENGINEER'S ROUGH GRADING CERTIFICATION
I certify that the earth fills placed on the following lot(s) were installed upon competent and prop", prepared base material and
compacted in compliance with requirements of Building Code Section 3317. I further certify that where the report or reports of
engineering geologist, relative to this site, have recommended the installation of buttresses, fills or other similar stabilization
eeeee
measures, such earthwork construction has been completed in accordance with the approved design. ESSION
T f1T T\fl
(CN Ln4s I-52 yeoa 20o;*,R
._ Fn.-_..-.................
See report dated ';42tA, I 20[!{ for compaction test data, recommended allowableg 04
OP. a
recommendations. m �o,2131I1�
OP.
EXPANSIVE SOILO) LOT NO. (S)
ENGINEER 4Rtu. NV. L;�E I- t 10 1JAl tz
ig a , . e ( d wett�§tamp) (� `
.Osir2RSc .L5 eji Ivdec.�idp+ (p 6
SUPERVISING GRADING ENGINEER'S ROUGH GRADING CERTIFICATION
I certify to the satisfactory completion of rough grading including: grading to approximate final elevations, property lines located
and staked; cut and fill slopes correctly graded and located in accordance with the approved design; swales and terraces graded
ready for paving, berms installed; and required drainage slopes provided on the building pads. I ft rther certify that where report
or reports of an engineering geologist and/ rtilseng near have been prepared relative to this site, the recommendations
contained in soils reports have been full°°jCfig on of the work.
D. n z?,
I-OTNO.(S) Lots 1-52
REMARKS
(and
NO.
DATE
I certify to the satisfactory completion of glad G�ance with the approved plans. A11 required drainage devices have been
installed; slope planting established and irrigation systems provided (where required); and adequate provisions have been made
for drainage of surface waters from each building site. The recommendations of the soils engineer and engineering geologist (if
such persons were employed) have been incorporated in the work.
LOT N 0, (S)
REMARKS
ENGINEER REG. N0.
Signature (and wet -stamp)
DATE
GRADING CER77FICA7701V BY THE SOILS ENGINEER AND GRADING ENGINEER IS REQUIRED FOR ROUGH
GRADEINSPEC77ONAND RELEASE TO BUILDING DEPARTMENT FOR S7RUC7URAL PERW7S
FINAL GRADING CER77FICA770N BYTHE GRADING ENGINEER IS REQUIRED BEFORE FINAL GRADE INSPECTION
AND RELEASE TO BUILDING DEPARTMENT FOR OCCUPANCY OFSMUCTURE.
Engineer's Estimate
for
Tract 72295/Diamond Bar
2/26/2014
Item Item Total
No, Description Amount_;,
Rough Grading $1,853,432.00
Erosion Control $54,237.90
Street Improvements $865,793-25
Sewer Improvements $399,187.00
ota rolecf.` .- $3,172,656.15
Prepared by : Hunsaker Associates
Engineer's Estimate
for
Tract 72295/Diamond Bar (ROUGH GRADING)
2/26/2014
Item
No.
Item
Description
Unit
Meas:' :
. Unit-
Cosh
Item
Quantic'
Item
Amount' ?.
100 Mass Excavation
CY
$1.45
421,070
$610,551.50
101
Remedial Grading
CY
$1.45
557,500
$808,375.00
102
Stabilization Fill Excavation
CY
$1.45
27,990
$40,585.50
103 Over Excavation & Recompaction
CY
$1.45
74,200
$107,590.00
2
3' Wide Vedura Wall Ditch
LF
$18.00
4,225
$76,050.00
3
2' Wide Vedura Wall Ditch
LF
$16.00
90
$1,440.00
4
V Wide Vedura Wall Ditch
LF
$12.00
1,735
$20,820.00
5
Concrete Spillway
EA
$750.00
1
$750.00
6
Interceptor Drain
LF
$18.00
2,330
$41,940.00
7
Down Drain to Pipe Transition
EA
$1,050.00
7
$7,350.00
8
6" PVC SDR 35 Down Pipe
LF
$18.00
15
$270.00
9
6" PVC SDR 35 Drain Pipe
LF
$18.00
320
$5,760.00
10
12" NDS Atrium Drain
EA
$100.00
14
$1,400.00
11
6" NDS Atrium Drain
EA
$85.00
2
$170.00
12
Verdura Wall T wide Drain Ditch Inlet
Transition
EA
$650.00
6
$3,900.00
13
Verdura Wall 2' wide Drain Ditch Inlet
Transition
EA
$650.00
1
$650.00
14
Verdure Wall V wide Drain Ditch Inlet
Transition
EA
$650.00
1
$650.00
15
Splash Wall
LF
$25.00
170
$4,250.00
18
2' Wide Drain Ditch
LF
$16.00
450
$7,200.00
19
1' Wide Drain Ditch
LF
$12.00
260
$3,120.00
20
Chain Link Fence
LF
$16.00
750
$12,000.00
21
Drain to Corrugated pipe Inlet Transition
EA
$750.00
3
$2,250.00
22
12"x12" Brooks Box
EA
$650.00
2
$1,300.00
23
8" PVC SDR 35 Down Pipe
LF
$26.00
180
$4,680.00
24
8" PVC SDR 35 Drain Pipe
LF
$26.00
435
$11,310.00
25
Drain to Headwall and Pipe Transition
EA
$950.00
2
$1,900.00
27
8" Canyon Sub Drain
LF
$18.00
1,875
$33,750.00
26
4" Back Drain
LF
$12.00
3,510
$42,120.00
28
Retaining wall drain inlet transition
EA
$650.00
1
$650.00
29
Retaining wall drain inlet transition
EA
$650.00
1
$650.00
Sub Total Grading
$1,853,432.00
33
Stabilized Construction Entrance
EA$3,500.00
1
$3,500.00
34
Desilting Basin Vehicle Access Ramp
EA
$500.00
3
$1,500.00
35
Silt Fence
LF
$1.95
3,325
$6,483.75
36
ISandbag Velocity Reducer
LF
$2.90
1,665
$4,828.50
U Prepared by: Hunsaker Associates
37
Catch Basin Inlet Protection
EA11
$300.00
22
$6,600.00
38
Fiber Roll
LF
$1.85
13,149
$24,325.65
40
ITemporary Desilting Basin Riser
EA 11
$3,500.00
2
$7,000.00
Sub Total Erosion Control
$54,237.90
Prepared by: Hunsaker Associates
LENNAIT
November 20, 2014 Rev. December 5, 2014
Kimberly M. Young, Sr. Civil Engineer
City of Diamond Bar, Public Works Dept.
21810 Copley Drive
Diamond Bar, CA
Subject: Storm Drain Bond Exoneration, Permit No. PR20130001851, Bond
No. 929590935, Willow Heights
Dear Ms. Young:
We are hereby requesting exoneration of the storm drain improvement bond (Bond No.
929582966 in the amount of $1,008,786) for Permit No. PR20130001851.
The as -built mylars will be submitted to you within the next few days, Hall & Foreman
has approved the installation.
Also enclosed is a copy of the bond for your reference. Please do not hesitate to contact
me at (949) 349.8285 or Geoffiey.Smith@Lennar.com should you have any questions or
require additional information.
Sincerely,
LENNAR HOMES OF CALIFORNIA, INC.
Geoff Smith
Director of Community Development
Attachment: Bond No. 929590935
25 Enterprise, Suite 300 • Aliso Viejo, CA 92656. 949-349-8000
LENIMAR.COM
Executed in Duplicate
Bond No. 929590935
Premium: $5,044.00/annum
CITY OF DIAMOND BAR
PRIVATE DEVELOPMENT IMPROVEMENT BOND
(LABOR AND MATERIALS AND FAITHFUL PERFORMANCE)
KNOW ALL MEN BY THESE PRESENTS: That Lennar Homes of
California, Inc. as, and hereinafter referred to collectively as, "Principal", and
e on men a nsurance Company a corporation organized and existing under the
laws of the State of Pennsvlvania and duly authorized to transact Surety
business in the State of California as, and hereinafter referred to as, "Surety", are held
and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in
the sum of $1,008,786.00 for Faithful Performance and $ 1,008,786.00 for Labor and
Materials, for the payment of which Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a parcel of land in the City, which it is
seeking to perform Private Development Improvements in the form of Private Storm
Drain improvements within the tract boundaries, hereinafter referred to as,
"Improvements", and has filed with the City improvement plans and permit application
for such parcel of land described as: Vesting Tentative Tract Map 72295 and
WHEREAS, as a condition precedent to the approval of said improvement plans,
Principal is required to deliver to the City a bond, securing payment to the contractor, his
subcontractors and to persons renting equipment or furnishing labor and/or materials to
them for such Improvements and in the faithful performance of Principal to complete
such Improvements pursuant to the provisions of the City's Code and Standards; and
WHEREAS, as all such Improvements is to be performed in accordance with the
hnprovement plans approved by the City Engineer for such parcel; and
WHEREAS, Principal shall perform any changes or alterations in the
Improvements required by the City to conform to approved plans for above said
Improvements; and
WHEREAS, Principal shall complete the improvement operations within 180
days from the date of commencement; and
WHEREAS, the completion of such Improvements shall be at the sole cost and
expense of Principal.
NOW, THEREFORE, if Principal shall faithfully perform and shall pay the
contractor, his subcontractors and all persons renting equipment or furnishing labor or
materials to them for the full cost of all work as shown on the improvement plan in
accordance with the conditions of approval of said plan and permit, then this obligation
shall be null and void.
PROVIDED, HOWEVER, if Principal shall not pay the contractor, his
subcontractors and all persons renting equipment or furnishing labor or materials to them
for the full cost of said approved improvements, then this obligation shall remain in full
force and effect and such contractor, subcontractor, City and persons shall have a direct
right of action against the Principal and Surety under this obligation, subject to the
priority of the City,
PROVIDED, HOWEVER, if Principal shall not faithfully perform all work as
shown on the approved improvement plan, then this obligation shall remain in full force
and effect. This bond will not be exonerated without full satisfaction of improvements by
all City departments.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees
that no change, extension of time, alteration of modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PROVIDED, FURTHER, that in case suit is brought upon this bond by the City
or any other person who may bring an action on this bond, a reasonable attorney's fee, to
be fixed by the Court, shall be paid by Principal or Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duty
signed and sealed this 1 st day of May 2014
SURETY (Corporate Sea[) PRINCIPAL (Corporate Seal)
By The Continen4 Insur nce Company
By���✓�
Irene Lau,
333 S. Wabash Ave., Floor 22
Chicaao IL 60604
ADDRESS
By Lennajr�Homes of California, Inc., a California corporation
By HoP—t
Vf e, oaed"Ze 0
25 Enterprise, Suite 300
Aliso Viejo, CA 92656
ADDRESS
Name of surety agent in the event of claim: Marsh Risk & Insurance Company
Surety agent address: 17901 Von Karman Ave., Ste. 1100, Irvine, CA 92614
Surety agent telephone number: 949-399-5626
Surety agent facsimile: 949-833-3027
Surety agent email address: mechelle.v.larkin@marsh.com
Note: This bond must be executed in duplicate and dated, all signatures must be
notarized, and evidence of the authority of any person signing as attorney-in-
fact must be attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On MAY 012014
DATE
before me, Mechelle Larkin, Notary Public
(Name of Notary Public and Title "Notary Public")
personally appeared Irene Lau -------------------------------------------
[Name(s) of Signer(s)1
who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/tpeir authorized capacity(ies), and that by kris/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MECMELLE LAflKIN
commiieion M 2014308
i Notary Public - California
Orange Counly
M Comm. Expires Mat 24, 2011
Signature of Notary Public
(Seal)
--------------------------------------------- OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer — Title(s):
Partner — ❑Limited F1 General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Irene Lau, Kathy R Mair, Mechelle Larkin, Individually
of Irvine, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds;
undertakingsandother obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by. the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 30th day of October, 2013.
The Continental Insurance Company
"...... Patin' Bruilat Vice President
State of South Dakota, County of Minnehaha, as:
On this 30th day of October, 2013, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Laurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seat of said insurance company; that the seat affixed to the said
instrument is such corporate. seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
Ila
nOTAH DAKOTA �—
SOUTMOAKOTA S L
My Commission Expires June 23, 2015
(17Y)AA/L-)A
J. Mohr v Notary Public
CERTIFICATE
I, D. Butt, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimon whereof I have hereuaffixed hereunto subscribed my name and axed. the seal of the said insurance
company this day of f(,
.��4 jljsuk.. The Continental Insurance Company
9 .
fin'
""�•"'�� D. Bull Assistant Secretary
Form F6850-4/2012
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On May 2, 2014, before me M. Sue Rudolph, Notary Public, personally appeared Anita Davey, who
proved to me on the basis of satisfactory evidence, to be the personksj whose namew is*e subscribed to
the within instrument and acknowledged to me that hd/she/they executed the same in )yrs/her/fir
authorized capacity(ies), and that by bes/herlXeir signatur4 on the instrument the person, or the
entity upon behalf of which the personA acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal M. sue RUDOLPHH
¢.Wm
Commission # 2003654
Z z
: Notary Public - California
&:-2v
4 Orange County nSignature SEAL My Camm. Ex fires ieb g, 2017
Executed in Duplicate
Bond No. 929590935
Premium: $5,044.00/annum
CITY OF DIAMOND BAR
PRIVATE DEVELOPMENT IMPROVEMENT BOND
(LABOR AND MATERIALS AND FAITHFUL PERFORMANCE)
KNOW ALL MEN BY THESE PRESENTS: That Lennar Homes of
California, Inc. as, and hereinafter referred to collectively as, "Principal", and
Tffe on inen a nsurance Company a corporation organized and existing under the
laws of the State of Pennsylvania and duly authorized to transact surety
business in the State of California as, and hereinafter referred to as, "Surety", are held
and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in
the sum of $1,008,786.00 for Faithful Performance and $ 1,008,786.00 for Labor and
Materials, for the payment of which Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS THAT:
WHEREAS, Principal is the owner of a parcel of land in the City, which it is
seeking to perform Private Development Improvements in the form of Private Storm
Drain improvements within the tract boundaries, hereinafter referred to as,
"Improvements", and has filed with the City improvement plans and permit application
for such parcel of land described as: Vesting Tentative Tract Map 72295 and
WHEREAS, as a condition precedent to the approval of said improvement plans,
Principal is required to deliver to the City a bond, securing payment to the contractor, his
subcontractors and to persons renting equipment or furnishing labor and/or materials to
them for such Improvements and in the faithful performance of Principal to complete
such Improvements pursuant to the provisions of the City's Code and Standards; and
WHEREAS, as all such Improvements is to be performed in accordance with the
improvement plans approved by the City Engineer for such parcel; and
WHEREAS, Principal shall perform any changes or alterations in the
Improvements required by the City to conform to approved plans for above said
Improvements; and
WHEREAS, Principal shall complete the improvement operations within 180
days from the date of commencement; and
WHEREAS, the completion of such Improvements shall be at the sole cost and
expense of Principal.
NOW, THEREFORE, if Principal shall faithfully perform and shall pay the
contractor, his subcontractors and all persons renting equipment or furnishing labor or
materials to them for the full cost of all work as shown on the improvement plan in
accordance with the conditions of approval of said plan and permit, then this obligation
shall be null and void.
PROVIDED, HOWEVER, if Principal shall not pay the contractor, his
subcontractors and all persons renting equipment or furnishing labor or materials to them
for the full cost of said approved improvements, then this obligation shall remain in full
force and effect and such contractor, subcontractor, City and persons shall have a direct
right of action against the Principal and Surety under this obligation, subject to the
priority of the City.
PROVIDED, HOWEVER, if Principal shall not faithfully perform all work as
shown on the approved improvement plan, then this obligation shall remain in full force
and effect. This bond will not be exonerated without full satisfaction of improvements by
all City departments.
PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees
that no change, extension of time, alteration of modification of the contract documents or
of the work to be performed thereunder shall in any way effect its obligation on this bond
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the contract documents or of work to be performed thereunder; and
PROVIDED, FURTHER, that in case suit is brought upon this bond by the City
or any other person who may bring an action on this bond, a reasonable attorney's fee, to
be fixed by the Court, shall be paid by Principal or Surety.
IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly
signed and scaled this 1st day of May 2014
SURETY (Corporate Seal)
By The Continental
��✓(�Insurance Company
By Irene Lau, -Attorney-in-Fact
333 S. Wabash Ave., Floor 22
Chicago, IL 60604
ADDRESS
PRINCIPAL (Corporate Seal)
By Lennar Homes of California, Inc., a California corporation
By Vice-e,�"1b lJ
25 Enterprise, Suite 300
Aliso Viejo CA 92656
ADDRESS
Name of surety agent in the event of claim: Marsh Risk & Insurance Company
Surety agent address: 17901 Von Karman Ave., Ste. 1100, Irvine, CA 92614
Surety agent telephone number: 949-399-5826
Surety agent facsimile: 949-833-3027
Surety agent email address: mechelle.v,larkin@marsh.com
Note: This bond must be executed in duplicate and dated, all signatures must be
notarized, and evidence of the authority of any person signing as attorney-in-
fact must be attached.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On MAY to 12014 before me, Mechelle Larkin, Notary Public
HATE [Name of Notary Public and Tille"Notary Public"]
personally appeared
------------------------------------------
[Name(s) of Signer(s)]
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that tae/she/tttey executed the same
in #1s/her/their authorized capacity#es), and that by his/her/their signature(s) on the instrument
the persons or the entity upon behalf of which the person(s} acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
MECHELLE LARKING
-`' commitsion Ar 2014388
a't=e Notary Public • Califoraa
Z ` Orange County
M Coomm E irtt MM®r 24, 2017—
(Seal)
WITNESS my hand and official seal.
Signature. of Notary Public
--------------------------------------------- OPTIONAL --------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer - Title(s):
Partner - ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, aPennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constioneand appoint
Irene Lau, Kathy R Mair, Mechelle Larkin, Individually
of Leine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as Pully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power. of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the. Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signedby its Vice President and its corporate seal to be
hereto affixed on this 30th day of October, 2013,
INS L The Continental Insurance Company
Z :°R q
"••'•� Paul T'. Bru at Vice President
State of South Dakota, County of Minnehaha,. ss:
On this 30th day of October, 2013, before me personally came Paul T. Brunat to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The. Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument;. that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. MOHR
SFS. NOTARYPUSUC�i
SOUTH DAKOTA
My Commission Expires June 23, 2015 J. Mohr Notary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this day of�' (}-i ,
R..itjg..qrThe Continental Insurance Company
iw •^ dal•'
D. Bull Assistant Secretary
Form F6850-4/2012
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On May 2, 2014, before me M. Sue Rudolph, Notary Public, personally appeared Anita Davey, who
proved to me on the basis of satisfactory evidence, to be the person{ whose name( is/�at subscribed to
the within instrument ffand acknowledged to me that j 6/she/tFA executed the same in Vs/herXeir
authorized capacity(W), and that by lyikher/tjx it signaturSO on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
_ e M�suE
'003
"—
Commission # 2003854
��j
/ fdg G r
< "^u"' PuhPc • California D
z:,
P" Orange County
fj
Signature SEAL
M Comm. Ex fres Feb 9, 2017
My
Agenda # 6.5
Meeting Date: 1211612014
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana
t
TITLE: ACCEPTANCE OF WORK PERFOkMED BY GREEN BUILDING CORPORATION
FOR THE CONSTRUCTION OF THE GRAND VIEW TRAIL AND THE GRAND VIEW TRAIL LINK;
DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO
RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE
RECOMMENDATION: Accept the work performed by Green Building Corporation; direct the City
Clerk to file the Notice of Completion; and authorize the release of the retention.
FINANCIAL IMPACT: The City Council authorized the expenditure of up to $615,541.25,
including the 10% contingency, for Green Building Corporation to construct the Grand View Trail and
Grand View Trail Link. Total cost for Green Building Corporation to construct the project, including
eight change orders, is $598,077.04, well within the authorized amount.
Green Building Corporatior
Construction
Construction
Construction Costs:
Contractor (Original Contract)
Change Orders— Total of 8
TOTAL GREEN BUILDING CORPORATION CONSTRUCTION COSTS
$ 559,583.25
$ 38,493.79
$ 598,077.04
BACKGROUND: The City Council awarded a contract in the amount of $559,583.25 to Green
Building Corporation on March 11, 2014 to construct the Grand View Trail and Grand View Trail Link.
The City Council also approved a 10% contingency of $55,958 for a total City Council authorization
for the construction contractor of $615,541.25. Contractor costs to construct the trail total
$598,077.04. There were eight Change Orders approved for this project, one deductive for $4,000
and seven additive totaling $42,493.79, resulting in a net Change Order total of $38,493.79 per the
following detail:
Change Order #1
$2,250.00
Utilization of Alternate Bridge Manufacturer to expedite delivery.
Change Order #2
$20,883.54
Revise the Design of the wooden steps for more durability.
Change Order #3
$12,213.40
Re -design of Bridge Abutment per requirements of Soils Report.
Change Order #4
$2,361.63
Re-routing of trail from end of ridge to first bridge.
Change Order #5
$650.48
Re-routing of trail from first bridge to end of trail.
Change Order#6 $2,934.74
Change Order#7 $1,200.00
Change Order #8 ($4,000.00)
TOTAL $38,493.79
Additional rock material & compaction required by geotechnical
engineer at abutments for 9' bridge.
Additional rock material & compaction required by geotechnical
engineer at abutments for 12' bridge.
Elimination of Handicap Ramp Line Item (Line Item #02515).
The work was substantially completed on October 30, 2014,
DISCUSSION: This trail serves as a link from the west parking lot of the Diamond Bar Center to
the Summit Ridge Trail System. The trail route traverses 3,520 feet of terrain, includes two bridges to
cross two drainage areas and includes approximately 120 steps to navigate the steeper hills. The
elevation of the trail starts at 1,200 feet at the gazebo adjacent to the west parking lot, drops to 1,075
feet at the lower gazebo, drops further to 1,010 feet at the second bridge, and then rises to 1,135 feet
where it connects to the Canyon Loop Trail of the Summit Ridge Trail System. Included in this project
are drainage improvements, timber steps (some with handrails), lodgepole fencing, decomposed
granite trail surfacing, and handicap access at the beginning of the trail. Staff is very pleased with the
new design of the wooden steps and will be using this design for future trail projects. The grand
opening of this trail was held on Saturday, November 22, 2014 and the trail is now open for public
use.
AND REVIEWED BY: REVIEWED BY:
6 1
U`
B Rose Dianna Honeywell
Director of Community Services Finance Director
Attachment: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR CA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property
hereinafter described:
2. The fall name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Cogley Drive Diamond Bar. CA 91765
4. The nature of the interest or estate of the owner is; "hr Fee"
(IfothaBran fr, unko "Lf&' and insert, fir en'ynple,'),.rbaser under cooter of ofpmuhase," or'lesxee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants
in common are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on October 30 2014.
The work done was: Construction of Improvements to Grand View Trail and Grand View Trail Link
7. The name of the contractor, if any, for such work of improvement was Green Building Corporation
ofne conwotorfor, workofin.pm.erret as a whole,(Date of Convect)
S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles,
State of California, and is described as follows Grand View Trail and Grand View Trail Link in Diamond Bar, CA
9. The street address of said property is 1600 S. Grand Avenue Diamond Bar CA 91765
ofno sheet address hay been officially assigned, irwit Tone")
Dated:
Vouirsson for Individual Owner
CITY OF DIAMOND BAR
Sipattire ofowuuercorporate officer ifownurnamed le paragro h2 or his agent
VERIFICATION
I, the undersigned, say: I am the City Manager the declarant of the
C'residcnt of","Mewger of," Apartner tl$""Ownerof"omJ
foregoing notice of completion; I have read said notice of completion mid know the contents thereof, the same is true of my
own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 120 14 at Diamond Bar , California.
(Datcofsignatme) (City where signed)
(Personal signature ofthe individual who is sweanang that us, contents of
tine notice efaompleHon are tine)
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of
improvement (to be computed exclusive of the day of completion), as provided in Civil Cade Section 3093.
The'bwner" who most file for record a notice of completion of a building or other work of improvement
means the owner (or his successor iii -interest at the date the notice is filed) on whose behalf the work was done,
though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease,.
causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed,
must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed
by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one
covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses
of his transferor or transferors,
In paragraphs 3 and 5, the full address called for should include street number, city, county acid state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of
improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work
of hnprovement is made pursuant to two or more original contracts, then this form must be modified as follows:
(1) Strike the works "A work of improvement' from paragraph 6 and insert a general statement of the kind
of work done or materials famished pursuant to such contract (e.g., "The foundations for the improvement");
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No
contractor's name need be given if there is no general contractor, e.g., on so-called "owner-builderjobs."
In paragraph 8, insert the full legal description, not merely a sheet address or tax description. Refer to
deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or
governmental authority.
CITY COUNCIL
Agenda # 6 . 6
Meeting Date: December 16, 2014
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: APPROVE RESOLUTION NO. 014 -XX APPROVING COOPERATIVE
AGREEMENT FOR BRIDGE PREVENTATIVE MAINTENANCE WORK
ON CHINO HILLS PARKWAY WITH THE COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The approval of the Cooperative Agreement will allow the County to administer the
project under the National Highway Performance Program and/or Surface
Transportation Program. The current maintenance cost estimate is $75,000. The use
of the County administered federally funded bridge preventative maintenance program
will reduce the City's estimated share of costs to $9,000.
The Fiscal Year 2014-2015 Public Works Operating Budget has programmed $30,000
for contract services. The City's actual share of costs will be based on final accounting
after the completion of the work.
DISCUSSION:
The Los Angeles County Public Works Department inspects the City's National Bridge
Inventory (NBI) bridges per an agreement with the California Department of
Transportation (Caltrans). Each state is required to perform these inspections as set
forth in Title 23, Part 650 of Subpart C of the Federal Code of Regulations, national
Bridge Inspection Standards. The inspections are performed on a biennial cycle, and
the County reports condition finding and rating to Caltrans. The County also reports the
findings to the City.
The 2011 inspection identified one (1) bridge, specifically the Chino Hills Parkway
Bridge over the Metropolitan Water District easement, out of the 6 bridges that were
inspected in the City that would require maintenance work to be performed. The deck
of the bridge was observed to have cracks that are required to be sealed. Due to the
fact that crack seal of bridges can be quite extensive and requires specialized forces to
perform and inspect the work, the City reached out to the County for assistance on the
repair. Deck sealing is a preventative maintenance measure that protects the steel
inside the reinforced concrete deck from water intrusion. This helps reduce rusting of
the reinforcement which could eventually require much more extensive deck
reconstruction. This type of work qualifies for the Bridge Preventative Maintenance
Program which is federally funded and administered by the County whereby projects
could receive up to 88.47% of the funding. The City is responsible for the remaining
costs which is projected to be approximately $9,000 while the total maintenance work is
estimated to be $75,000.
The California Environmental Quality Act (CEQA) requires public agencies to document
and consider environmental implications of their actions. The proposed preventative
maintenance work on the Chino Hills Parkway Bridge is found to be categorically
exempt from CEQA under Section 15301(c) (Existing Highways and Streets).
The Public Works Department will file a Notice of Exemption in accordance with Section
15062 of the CEQA Guidelines immediately following the approval of the Cooperative
Agreement.
With Council's approval of the agreement, the County will perform the preliminary
engineering and administer the construction of the repair of the bridge deck to meet all
requirements.
PREPARED BY:
Kimberly M. Young, Senior Civil Engineer
REVIEWED BY:
David G. Liu, Director of Public Works
Attachment: Vicinity Map
Resolution No. 2014 -XX
Cooperative Agreement
2
DATE PREPARED:
December 9, 2014
s�
�-,.4
xY
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING COOPERATIVE
AGREEMENT WITH COUNTY OF LOS ANGELES FOR
THE CHINO HILLS PARKWAY PREVENTATIVE
MAINTENANCE PROJECT
A. RECITALS
1. The City and County desire to enter into a cooperative agreement
("Cooperative Agreement') to perform maintenance work which will
extend the service life of the Chino Hills Parkway Bridge over the
Metropolitan Water District Easement; and
2. The City and County propose to perform one-time only preventative
maintenance on'the existing bridge (which work is hereinafter referred to
as "Project'; and
3. The County is willing to administer the Project under the National Highway
Performance Program and/or Surface Transportation Program; and
4. The Cooperative Agreement is authorized and provided for by the
provisions of Sections 23004, et seq., of the Government Code and
Sections 1685 and 1803 of the California Streets and Highways Code.
B. RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The City Council hereby approves the Cooperative Agreement with the
County of Los Angeles to administer the Project.
2. The City Council hereby finds that the preventative maintenance on the
Chino Hills Parkway Bridge will not expand the existing use of the facility
and therefore is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing
Facilities) with the intent to rehabilitate an existing highway bridge
structure for public use and safety.
1053602.1
PASSED, APPROVED AND ADOPTED this16th day of December, 2014.
Steve Tye, Mayor
I, TOMMYE A. 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 the 16th day of December, 2014 by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATEST:
1053602.1
CITY CLERK OF THE
CITY OF DIAMOND BAR
THIS AGREEMENT, made and entered into by and between the CITY OF
DIAMOND BAR, a municipal corporation in the County of Los Angeles (hereinafter
referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the
State of California (hereinafter referred to as COUNTY):
WITNESSETH
WHEREAS, it is of general interest to CITY and COUNTY to extend the service
life of the Chino Hills Parkway Bridge over the Metropolitan Water District Easement;
and
WHEREAS, CITY and COUNTY propose to perform one-time only preventive
maintenance on the existing bridge (which work is hereinafter referred to as PROJECT);
and
WHEREAS, PROJECT is within the geographical boundaries of CITY; and
WHEREAS, COUNTY is willing to perform or cause to be performed the
PRELIMINARY ENGINEERING, solicitation of construction bids and award of
construction contract, and CONTRACT ADMINISTRATION for PROJECT; and
WHEREAS, COUNTY is further willing to administer PROJECT under the
National Highway Performance Program and/or Surface Transportation Program; and
WHEREAS, COST OF PROJECT includes the costs of PRELIMINARY
ENGINEERING, COST QF , . CONSTRUCTION CONTRACT, and costs of
CONSTRUCTION ADMINISTRATION as more fully set forth herein; and
WHEREAS, COST OF PROJECT is currently estimated to be Seventy-five
Thousand and 00/100 Dollars ($75,000.00) with Federal funding reimbursement
estimated to be Sixty-six Thousand and 00/100 Dollars ($66,000.00); and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, the
non -Federally reimbursable local agency portion of the COST OF PROJECT; and
WHEREAS, CITY is willing to finance LOCAL SHARE OF COSTS, currently
estimated to be Nine Thousand and 00/100 Dollars ($9,000.00), by depositing Nine
Thousand and 00/100 Dollars ($9,000.00) in cash; and
WHEREAS, such a proposal is authorized and provided for by the provisions of
Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and
1803 of the California Streets and Highways Code.
Page 1 of 8
NOW, THEREFORE, in consideration of the mutual benefits to be derived by
CITY and COUNTY and of the promises herein contained, it is hereby agreed as
follows:
1) DEFINITIONS:
a. JURISDICTION as referred to in this AGREEMENT shall be defined as
the area within the geographical boundary of the CITY and the
unincorporated areas of the COUNTY..
b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall
consist of environmental findings and approvals/permits; design survey;
soils report; traffic index and geometric investigation; preparation of plans,
specifications, and cost estimates; right-of-way engineering and
certification; utility engineering; and all other necessary work prior to
advertising of PROJECT for construction bids.
c. COST OF CONSTRUCTION CONTRACT as referred to in this
AGREEMENT shall consist of the total of payments to the construction
contractor(s) for PROJECT and the total of all payments to utility
companies or contractor(s) for the relocation of facilities necessary for the
construction of PROJECT.
d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT
shall consist of construction contract administration, construction
inspection, materials testing, construction survey, traffic detour, signing
and striping, construction engineering, utility relocation, changes and
modifications of plans and specifications for PROJECT necessitated by
unforeseen or unforeseeable field conditions encountered during
construction of PROJECT, construction contingencies, and all other
necessary work after advertising of PROJECT for construction bids to
cause PROJECT to be constructed in accordance with said plans and
specifications approved by CITY and COUNTY.
e. COST OF PROJECT as referred to in this AGREEMENT shall consist of
the COST OF CONSTRUCTION CONTRACT and costs of
PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION,
right-of-way certification, utility engineering, and all other work necessary
to complete PROJECT in accordance with the approved plans and
specifications and shall include currently effective percentages added to
total salaries, wages, and equipment costs :to cover overhead, wit
administration, and depreciation in connection h any or all of the
aforementioned items.
f. LOCAL SHARE OF COSTS as referred to in this AGREEMENT shall
consist of COST OF PROJECT less any reimbursement received by
Page 2 of 8
COUNTY under the National Highway Performance Program and/or
Surface Transportation Program.
g. Completion of PROJECT as referred to in this AGREEMENT shall be
defined as the date of field acceptance of construction of PROJECT by
COUNTY and an electronic notification to CITY'S Director of Public
Works/City Engineer that the improvements within CITY'S JURISDICTION
are transferred to CITY for the purpose of operation and maintenance.
2) CITY AGREES:
a. To finance LOCAL SHARE OF COSTS, the actual amount of which is to
be determined by a final accounting, pursuant to paragraph (4) a., below.
b. To deposit with COUNTY, following execution of this AGREEMENT and
upon demand by COUNTY, sufficient CITY funds to finance LOCAL
_ SHARE OF COSTS (hereinafter referred to as CITY'S PAYMENT),
currently estimated to be Nine Thousand and 00/100 Dollars ($9,000.00).
Said demand will consist of a billing invoice prepared by COUNTY and
delivered to CITY.
c. Upon request from COUNTY, to consent to COUNTY'S request for
jurisdiction of the Chino Hills Parkway bridge over the Metropolitan Water
District Easement, as part of the County System of Highways for the
limited purpose of constructing PROJECT.
d. To grant to COUNTY, at no cost to COUNTY, permission to occupy
public roads in the CITY and any temporary right of way that CITY owns or
has an easement for that is necessary for the construction of PROJECT.
e. Upon approval of construction plans for PROJECT, to issue COUNTY a
no -fee permit(s) authorizing COUNTY to construct those portions of
PROJECT within CITY'S JURISDICTION.
f. To appoint COUNTY as. CITY'S attorney-in-fact for the purpose of
representing CITY in all negotiations pertaining to the advertisement of
PROJECT for construction bids, award, and administration of the
construction contract and in all things necessary and proper to complete
PROJECT.
g. To cooperate with COUNTY in conducting negotiations with and, where
appropriate, to issue notices to public utility organizations and owners of
substructure and overhead facilities regarding the relocation, removal,
operation, and maintenance of all surface and underground utilities and
facilities, structures, and transportation services, which interfere with the
proposed construction. Where utilities have been installed in CITY streets
Page 3 of 8
or on CITY property, CITY will provide the necessary right of way for the
relocation of those utilities and facilities that interfere with the construction
of PROJECT at no cost to COUNTY. CITY will take all necessary steps to
grant, transfer, or assign all prior rights over the utility companies and
owners of substructure and overhead facilities to COUNTY when
necessary to construct, complete, and maintain PROJECT or to appoint
COUNTY as its attorney-in-fact to exercise such prior rights.
h. To be financially responsible for disposal and/or mitigation measures, if
necessary, should any hazardous materials, chemicals, or contaminants
be encountered during construction of PROJECT within CITY'S
JURISDICTION.
i. Upon completion of PROJECT to operate and maintain in good condition
and at CITY'S expense all improvements constructed as part of PROJECT
within CITY'S JURISDICTION.
3) COUNTY AGREES:
a. To perform or cause to be performed the PRELIMINARY ENGINEERING,
CONSTRUCTION ADMINISTRATION, right-of-way acquisition and
clearance matters, and all other work necessary to complete PROJECT.
b. To apply for National Highway Performance Program and/or Surface
Transportation Program funding to finance the Federally -reimbursable
portion of COST OF PROJECT.
c. To obtain CITY'S approval of plans for PROJECT prior to advertising for
construction bids.
d. To solicit PROJECT for construction bids, award and administer the
construction contract, do all things necessary and proper to complete
PROJECT, and act on behalf of CITY in all negotiations pertaining thereto.
e. To furnish CITY within one hundred eighty (180) calendar days after final
payment to contractor a final accounting of the actual COST OF
PROJECT, including an itemization of actual unit costs and actual
quantities for PROJECT.
4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. The final accounting of the actual total COST OF PROJECT shall include
an itemization of unit costs, actual quantities and costs, and
reimbursement received under the National Highway Performance
Program and/or Surface Transportation Program.
Page 4 of 8
b. If CITY'S PAYMENT as set forth in paragraph (2) b above, is not delivered
to COUNTY office, which is described on the billing invoice prepared by
COUNTY, prior to award of PROJECT, COUNTY may delay the award of
PROJECT pending the receipt of CITY'S PAYMENT.
c. That if at final accounting LOCAL SHARE OF COSTS exceeds CITY'S
PAYMENT, as set forth in paragraphs (2) b above, CITY shall pay to
COUNTY the additional amount upon demand to COUNTY. Said demand
shall consist of a billing invoice prepared by COUNTY. Conversely, if the
required LOCAL SHARE OF COSTS is less than the sum of CITY'S
PAYMENT, COUNTY shall remit a refund to CITY within thirty (30) days of
the date COUNTY furnishes CITY with the final accounting.
d. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, COUNTY is entitled to recover interest thereon beginning
sixty (60) calendar days from the date of the invoice at the rate of interest
specified in the General Services Agreement executed by the parties to
this AGREEMENT currently in effect.
e. That if CITY'S PAYMENT, as set forth in paragraph (4) b., above, is not
delivered to COUNTY office, which is described on the billing invoice
prepared by COUNTY, within sixty (60) calendar days after the date of
said invoice, notwithstanding the provisions of Government Code,
Section 907, COUNTY may satisfy such indebtedness, including interest
thereon, from any funds of CITY on deposit with COUNTY, after giving
notice to CITY of COUNTY'S intention to do so.
f. CITY shall review the final accounting invoice prepared by COUNTY and
report in writing any discrepancies to COUNTY within sixty (60) calendar
days after the date of said invoice. Undisputed charges shall be paid by
CITY to COUNTY within sixty (60) calendar days after the date of said
invoice. COUNTY shall review all disputed charges and submit a written
justification detailing the basis for those charges within sixty (60) calendar
days of receipt of CITY'S written report. CITY shall then make payment of
the previously disputed charges or submit justification for nonpayment
within sixty (60) calendar days after the date of COUNTY'S written
justification.
g. COUNTY at any time may, at its sole discretion, designate an alternative
payment mailing address and an alternative schedule for payment of CITY
funds, if applicable. CITY shall be notified of such changes by invoice.
h. During construction of PROJECT, COUNTY shall furnish an inspector or
other representative to perform the functions of an inspector. CITY may
Page 5 of 8
also furnish, at no cost to COUNTY, an inspector or other representative
to inspect construction of PROJECT. Said inspectors shall cooperate and
consult with each other, but the orders of COUNTY inspector to the
contractors or any other person in charge of construction shall prevail and
be final.
i. This AGREEMENT may be amended or modified only by mutual written
consent of CITY and COUNTY. Amendments and modification of a
nonmaterial nature may be made by the mutual written consent of the
parties' Directors of Public Works or their delegates.
Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY: Mr. James DeStefano
City Manager
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
COUNTY: Ms. Gail Farber
Director of Public Works
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
k. Other than as provided below, neither COUNTY nor any officer or
employee of COUNTY shall be responsible for any damage or liability
occurring by reason of any acts or omissions on the part of CITY under or
in connection with any work, authority, or jurisdiction delegated to or
determined to be the responsibility of CITY under this AGREEMENT. It is
also understood and agreed that, pursuant to Government Code
Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY
harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of any acts or
omissions on the part of CITY under or in connection with any work,
authority, or jurisdiction delegated to or determined to be the responsibility
of CITY under this AGREEMENT.
I. Neither COUNTY nor any officer or employee of COUNTY shall be
responsible, directly or indirectly, for damage or liability arising from or
attributable to the presence or alleged presence, transport, arrangement,
or release of any hazardous materials, chemicals, or contaminants
present at or stemming from the PROJECT within the CITY'S
JURISDICTION or arising from acts or omissions on the part of the CITY
Page 6 of 8
under or in connection with any work, authority, or jurisdiction delegated to
or determined to be the responsibility of the CITY under this
AGREEMENT, including liability under the Comprehensive Environmental,
Response, Compensation and Liability Act of 1980 (CERCLA) and under
the California Health and Safety Code. It is understood and agreed
pursuant to Government Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY harmless from any such damage, liability or
claim. In addition to being an agreement enforceable under the laws of
the State of California, the foregoing indemnity is intended by the parties
to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section
107(e), of the amended CERCLA, and California Health and Safety Code
Section 25364.
m. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above -stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if incorporated herein.
n. The provisions of this AGREEMENT shall supersede and control over any
provisions inconsistent herewith in the Assumption of Liability Agreement
No. 60998 between CITY and COUNTY, adopted by the Board of
Supervisors on April 11, 1989, and currently in effect.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF DIAMOND
BAR on , 2014, and by the COUNTY OF LOS ANGELES
on 2014.
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
E
Deputy
COUNTY OF LOS ANGELES
0
Director of Public Works
CITY OF DIAMOND BAR
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
P:\ddpub\Structures\BPMP\Agreements\Diamond Bar\Coop Agreement- BPMP Diamond Bacdoc
CITY COUNCIL
Agenda # 7.1
Meeting Date: 12/16/14
AGENDA REPORT
TO: Honorable Mayor and Members the City Council
VIA: James DeStefano, City Mana e
TITLE: FIRST READING OFORDINANCE XX (2014) OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR AMENDING SECTION 12.00.240 RELATING TO
PARKING OF MOTOR VEHICLES IN CITY PARKS
RECOMMENDATION:
Adopt the first reading by title only and waive full reading of Ordinance No. XX (2014), and upon
approval, schedule the second reading for the City Council's next scheduled meeting.
FINANCIAL IMPACT:
The cost of sign installation is a not -to -exceed amount of $2,000 and can be accommodated within
the existing Community Services Adopted FY 2014/15 budget.
BACKGROUND:
The availability of parking in public parks is limited. A primary purpose for parking lots in public parks
is to provide places where persons can temporarily park their vehicles in order to access and enjoy
City parks. In establishing the number of parking spaces for park property, the City's parking
standards are based upon projections of the number of spaces that are required for persons using the
park property. These standards do not contemplate that parking spaces will be utilized by persons for
the purposes of carpooling, "park and ride" programs, or any other extended parking activity not
related to recreational use of the park.
The City was made aware of a lack of parking space during park hours at the lower parking lot of
Summit Ridge Park due to non -park users mainly for carpooling purposes. The Summit Ridge parking
lot is approximately 1.8 miles from the 57/60 freeways, holds twenty-five (25) vehicles and has two
driveway entrances from Grand Avenue. Sheriff Deputies documented several observations where
people were utilizing this parking lot for carpooling purposes weekdays, parking their vehicle early in
the morning, entering a secondary vehicle and then immediately exiting the park. Deputies ran
license plates on separate occasions, which demonstrated that approximately 85% of those parked
vehicles were registered to non -Diamond Bar residents. No park users were observed during the time
of these observations. These vehicles remain parked in the lot for the remainder of the day, limiting
the available parking spaces for park users.
The Sheriff Deputies have witnessed contractors hired to work in the Country Estates parking their
vehicles in the lower Summit Ridge parking lot and riding into the Country in a separate vehicle.
The City recognized the need to amend the existing ordinance that would prevent people from
utilizing the small parking lot for non -recreational use purposes. Staff presented the parking issues at
Summit Ridge Park to the Parks & Recreation Commission at the October 23 and November 20,
2014 meetings. During the October 23 meeting, the Commission requested staff to draft an ordinance
to restrict parking in City parks to park patrons. On November 20, the Commission voted unanimously
to recommend that the City Council adopt Ordinance No. XX (2014) to restrict parking in City Parks to
park patrons only. Attached for your reference are the minutes from the Parks & Recreation
Commission meetings held on October 23 and November 20, 2014 (Attachment 1).
DISCUSSION:
People utilizing the limited parking spaces for park-and-ride or other commuter type activities limit
available parking space for park users. A review of license plates for cars parked in Summit Ridge
Park lower parking lot on Wednesday, November 26, 2014, at 10:00 am, showed that 21 parking
spaces of the 25 available were filled by non -Diamond Bar residents. There were no patrons in
Summit Ridge Park observed at the time the review was conducted. A picture of Summit Ridge Park
taken on November 26, 2014 is attached for reference (Attachment 2).
LA County Metro offers more than 150 park-and-ride locations county -wide. There are two (2) park-
and-ride lots available in Diamond Bar. One is located at Pathfinder Road, off the 57 Freeway, and
the other is located at Diamond Bar Boulevard, off the 60 Freeway. Combined, the two lots offer
parking spaces for 496 vehicles. These designated areas are large enough to accommodate a
sufficient number of vehicles.
This proposed amendment to the Park Ordinance (Attachment 3) should ensure the availability of
parking spaces in City parks for park patrons. Actual enforcement efforts can be limited to Summit
Ridge and Diamond Canyon Park and if staff observes similar issues at other City Parks then the
code will not need to be amended again. The recommendation is to amend the Park Ordinance
Section 12.00.240 with the addition of "Parking is for park patrons only. No person shall park any
motor vehicle in a park unless using the park for its intended purpose". The current Diamond Bar
Municipal Code Title 12, Chapter 12 Parks and Recreation is attached in its entirety (Attachment 4),
Section 12.00.240 currently reads as follows:
Section 12.00.240 Motor vehicle restrictions; parking
A person shall not bring to or operate in any park any motor vehicle except
at such times and at such places as permitted by the director in written
regulations or permits issued by him from time to time, and any such
operation of a motor vehicle shall be in accordance with the conditions
contained in such regulation or permit. A person shall not park any motor
vehicle in any park except in areas designated by the director for parking.
The City does not anticipate using its resources to enforce the ordinance at other parks unless it
becomes an issue. The City is currently experiencing this problem in Summit Ridge Park, however
within the next year, Diamond Canyon Park will be opening and with its close proximity to the 57
Freeway, the small parking lot, with only eleven parking spaces, including two handicap stalls, may
also become an attraction to park and ride commuters. It would not take too many cars to fill the
parking lot, making it unavailable to park patrons.
The ordinance will be enforced by L.A. County Sheriff's deputies with two different methods. The first
is by witnessing the violation. If a deputy witnesses a person park their car and then enter a second
vehicle and leave the park, the deputy will cite the vehicle parked in violation of the ordinance. The
second method is by marking a tire of vehicles parked in the parking lot during the time that most
violations occur, which is normally in the early morning. The deputy returns a couple hours later to
check if vehicles with marked tires are still parked. Before citing any vehicles, the deputy checks with
people in the park to verify the vehicle they have parked in the parking lot. Vehicles parked by people
not present in the park will then be cited.
The penalty for this infraction is $100 for the first offense, $200 for the second offense within one
year, and $500 for the third and each offense thereafter within one year of the first offense. Penalty
for violation of any provisions of the Parks and Recreation Chapter 12 of the Diamond Bar Municipal
Code or "Park Ordinance" is covered under Section 12.00.080, and requires no amendment at this
time.
A representative of the Sheriff's Department will attend the December 16 City Council meeting to
answer questions Council Members may have about the Sheriff's Department perspective.
LEGAL REVIEW
City staff worked in collaboration with the City Attorney who reviewed the proposed amendments to
the ordinance and approved as to form and content.
NOTICE OF PUBLIC HEARING:
Pursuant to the California Government Code 50022.3 and 6066, a public hearing notice of this
hearing was published in the Inland Valley Bulletin on December 4, 2014 and in the San Gabriel
Valley Tribune on December 5, 2014.
Prepared bv:
Attachments:
1.
2.
3.
4.
5.
Rr",,ieec�
Bob o
Director of Community Services
Minutes of the Parks and Recreation Commission meetings on 10/23/14 & 11/20/14
Picture -Summit Ridge Parking Lot
Draft Ordinance No.. XX (2014)
Municipal Code Title 12, Chapter 12 Parks and Recreation
Notice of Public Hearing
ATTACHMENT 1
Approved Minutes of the Parks & Recreation Commission meeting on 10/23/14
4. NEW BUSINESS:
4.2 Proposed Parking Restrictions at City Parks
Recommended Action: Staff recommends that the City Council adopt an ordinance
that restricts parking in City Parks to park patrons only.
Deputy Aaron Scheller, LA County Sheriff's Department Community Relations
Officer, stated that the parking at the lower lot of Summitridge Park has
approximately 24 parking spaces and two (2) handicapped parking spaces. At the
beginning of October there was an altercation between a Diamond Bar resident and
another gentleman who was picking up construction workers at the parking lot. He
believed that the lower parking lot was becoming a "park and ride" type of lot. The
lot is small and is meant for the use of Diamond Bar residents. He has visited the
site several times and has observed people getting out of their vehicles and entering
secondary vehicles that leave the park without spending time at the location. In
addition, he has run license plates three times and found that the first run revealed
that 12 vehicles out of 12 were non-residents; the second run revealed that 10
vehicles out of 10 were non-residents,
and the third run revealed that 14 out of 16 were non-residents which shows a trend
that this parking lot is becoming a park and ride lot. There is a designated "park and
ride" in the City of Diamond Bar that is large enough to accommodate a sufficient
number of vehicles. If the construction workers are entering "The Country Estates"
it means that they need to figure out a different way to manage the transportation of
those workers if they are working in that area. Obviously, no one wants an
altercation over this matter and accordingly, has made a recommendation that a
time limit be posted to allow residents full use and enjoyment of the park without
having to park a considerable distance away.
C/Hsieh asked Deputy Scheller if other officers were experiencing the same issues
and wondered if the lower parking lot was necessary at all. Most events are up the
hill and most people who attend soccer events usually park their vehicles on
Summitridge. Deputy Scheller said his colleagues run license plates as well and
when he has spoken with the other officers they all concur that it is a long-term
parking trend and several park Monday through Friday so it is obvious that the
parking lot is being used as a "park and ride" lot. There are several parking spaces
up the hill; however, the lower lot has limited space. His recommendation would be
a time limit during working hours to keep the parking spots available.
C/Grundy thanked Deputy Scheller for bringing this matter to the Commission's
attention and agreed that the parking lot should be for people who want to use the
park and not a "park and ride" lot. He felt the City should look into an ordinance that
specifies how long a person can park in the area in relation to hours or park use.
Chair/Owens asked if C/Grundy intended that an ordinance apply to all of the City's
parks or just Summitridge
CSD/Rose said that staff's intent is to make it enforceable in all of the City's parks.
Diamond Canyon Park will be opening up and there is a similar concern that with
only five or six parking spaces next to Brea Canyon Road and Diamond Bar
Boulevard and easy freeway access it too, could become a "park and ride" scenario.
When the park opens there will be signs enforcing the parking. CSD/Rose said he
believed an ordinance would require signage in all parks. Staff's primary concerns
are with Summitridge and Diamond Canyon parking lots.
C/Grundy asked CSD/Rose if he favored an ordinance that covered all parks and
CSD/Rose responded "yes."
C/Grundy asked what type of time limitations are being considered and Deputy
Scheller said that would be up to the City whether to provide a two or three hour
parking limitation if the City felt it was a long enough period to provide a park
experience.
Chair/Owens asked if that part of Summitridge Park was used by sports groups for
practice and CSD/Rose responded affirmatively. CSD/Rose said that most team
practices take place in the late afternoon and early evening between 4:00 and 6:00
p.m. or later if it is still daylight.
Chair/Owens asked about enforcement and Deputy Scheller said that deputies can
provide enforcement. He felt that with signage and notification it would not take long
for people to understand that it is not a "park and ride" area. The signage could be
considered for Monday through Friday from the hours of 9:00 a.m. to 4:00 p.m., for
example.
C/Hsieh said she did not agree with putting signage in every park because she did
not want to feel limited and did not want park visitors to feel limited. However, in
those particular areas where there are problems something needs to be done to let
people who are misusing it know that the City will not tolerate that.
CSD/Rose asked that the Diamond Canyon parking lot be included with
Summitridge for signage.
C/Grundy recommended that City staff draft an ordinance for parking restrictions to
limit non-residents or use of parking facilities for "park and ride" be prohibited for the
Commission's review.
C/Hsieh felt the fine should be significant enough to discourage "park and ride" use.
CSD/Rose said he believed the first infraction is $100, the second $200 and third
$500.
C/Grundy said that as part of his recommendation he would ask that staff include
whatever standard language is inclusive of fines, towing, etc.
C/Grundy restated his recommendation as follows: That City staff draft an
ordinance that prohibits use of parking at Summitridge Park and Diamond Canyon
for "park and ride" or for extended hours with the ordinance to include the standard
legal language relative to fines and towing. C/Hsieh seconded C/Grundy's
recommendation. Without objection, the recommendation was approved with
C/Herndon and VC/Liang being absent.
Draft Minutes of the Parks & Recreation Commission meeting from 11/20/14
3. OLD BUSINESS:
3.1 Proposed Parking Restrictions at City Parks
CSD/Rose stated that staff is recommending that the Parks and Recreation
Commission recommend City Council adoption of Ordinance No. OX (2014) to
restrict parking in City Parks to park patrons only as proposed. The proposed
resolution states that parking is for park patrons only and no person shall park any
motor vehicle in a park unless using the park for its intended purposes. The report
includes the October Commission discussion and acknowledges input and
responses by Deputy Aaron Scheller. Enforcement would be by a Deputy
witnessing improper use such as an individual parking the vehicle and immediately
entering a second vehicle that leaves the park. Upon witnessing this type of
behavior the officer can immediately place a citation on the vehicle parked in the
park parking lot illegally. The second method would be for the officer to mark the
tire of the cars parked in the parking lot during early morning hours and returning
late morning to determine whether the cars are still parked in the same place at
which time the Officer can determine whether there is anyone in the park and
determine whether the visitors own the vehicle in question. If not, the vehicle can
be cited. The purpose of the Ordinance is to respond to limited parking in public
parks. The primary purpose for parking lots in the parks is to provide temporary
parking for vehicles in order for their owners to access and enjoy the park.
In establishing the number of parking spaces for the park the City uses a
standard based on the types of amenities and expected number of users for those
amenities. Parking spaces are not anticipated to be used for carpooling, park and
ride and similar types of uses. The reason for the proposed ordinance at this time
is that staff and Sheriff's Deputies have noticed that individuals are parking vehicles
in the parks, especially Summitridge. There was an altercation between individuals
in the Summitridge parking lot, neither of whom were attempting to park in the
parking lot to use the park and the Sheriff's Department felt this would be a good
time to start restricting use of the parking lot to park users only. Staff supports the
Sheriff's Department's recommendation. For example, Diamond Canyon Park will
be opened within the next year or so and when it opens it will have a small parking
lot of 6-9 spaces and due to its proximity to the SR57/60 staff is concerned about
the misuse of that parking lot by park and ride commuters.
C/Grundy asked about the amount of fine that would be imposed and CSD/Rose
responded that the penalty in the Diamond Bar Ordinance is an infraction, the first
of which is $100, the second of which is $200 and the third and successive times
within the same year is $500.
C/Herndon asked where the fines are listed and CSD/Rose explained that the fines
are listed in the City's Municipal Code. C/Ordinance asked who the "Director" is that
is mentioned in the ordinance and CSD/Rose responded that he is the Director.
C/Herndon recommended that the City send a letter to The Country Estates
Homeowners Association Board of Directors notifying them of City Council approval
of the ordinance.
Chair/Owens asked if the ordinance focused on weekday or weekend use and
CSD/Rose responded "weekday use." The ordinance can be enforced anytime but
enforcement emphasis will take place during the week (weekdays).
C/Grundy asked what the difference would be between the current and proposed
Section 12.00.240 and CSD/Rose responded that the current language would
remain in place with the addition of c).
C/Herndon moved, C/Grundy seconded, to recommend City Council adoption of
Ordinance No. OX (2014) to restrict parking in City Parks to park patrons only.
Without objection, the motion was so ordered with VC/Liang being absent.
N
/
ATTACHMENT 3
ORDINANCE NO. XX (2014)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING SECTION 12.00.240 RELATING TO PARKING OF MOTOR
VEHICLES IN CITY PARKS
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND
DETERMINES AS FOLLOWS:
1. Parking on public property is limited. A primary purpose for parking on public property
is to provide places where persons can temporarily park their vehicles in order to access and enjoy
City parks.
2. In establishing the number of parking spaces for park property, the City's parking
standards are based upon projections of the number of spaces that are required for persons using the
park property. These standards do not contemplate that parking spaces will be utilized by persons for
the purposes of carpooling, "park and ride" programs, or any other extended parking activity not
related to recreational use of the park.
3. Persons who park their vehicles on public property for the purpose of carpooling,
rideshare, or any other extended parking activity not related to recreational use of the park, are
utilizing limited parking spaces and thereby limiting access to public parks for persons who seek to
use City parks for their intended recreational purposes.
Now, therefore, the City Council of the City of Diamond Bar does ordain as follows:
Section 1. Section 12.00.240 of the Diamond Bar Municipal Code is deleted in its
entirety and replaced with the following:
"Section 12.00.240 — Motor Vehicle Restrictions; parking;
a. A person shall not bring to or operate in any park any motor vehicle except as such times and at
such places as permitted by the director in written regulations issued by him from time to time,
and any such operation of a motor vehicle shall be in accordance with the conditions contained
in such regulations or permit.
b. A person shall not park any motor vehicle in any park except in areas designated for parking by
the director.
C. Parking is for park patrons only. No person shall park any motor vehicle in a park unless using
the park for its intended purpose.
Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is,
for any reason, held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The
City Council hereby declares that it would have adopted this Ordinance and each other section,
clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid
or unconstitutional.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published
and posted pursuant to applicable provisions of law and this Ordinance shall take effect thirty (30)
days after adoption.
Steve Tye, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
the day of 2014 and was finally passed at a regular meeting of
the City Council of the City of Diamond Bar held on day of , 2014, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye A. Cribbins, City Clerk
Diamond Bar, CA Code of Ordinances
CHAPTER 12.00. - PARKS AND RECREATION
DIVISION 1. -GENERALLY
Sec. 12.00.010. - Short title.
This chapter shall be known as and may be cited as the "park ordinance.,,
(Ord. No. 14(1989),§2(17.04.220), 6-27-89)
Sec. 12.00.020. - Definitions.
ATTACHMENT 4
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Alcoholic beverage means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of
one percent or more of alcohol byvolume, and which is fit for beverage purposes either alone or when
diluted, mixed or combined with other substances.
Director means the community services director, or other person authorized by him pursuant to
law to act in his stead.
Distress means a state of disability which, if unduly prolonged, could endanger life or property.
Emergency means a state of proximate danger to life or property in which time is of the essence.
Fire department means the county fire department.
Motor vehicle means any multiwheeled, treaded, or sled -type vehicle that is propelled by a motor
engine, including any vehicle commonly known as a motorized recreation vehicle.
Motorcycle means any self-propelled vehicle that is presently defined by Vehicle Code §§ 400 and
405 as a motorcycle or a motor -driven vehicle.
Narcotics and dangerous drugs mean those narcotics and drugs listed or defined in the Health and
Safety Code as now or hereafter amended.
Park means every park, roadside rest, golf course, reservoir, riding and hiking trail, open space
easement to which the public has an unrestricted right of access and use for park or recreation
purposes, and every other recreation facility owned, managed or controlled by the city and under the
jurisdiction of the director, in either incorporated or unincorporated territory.
(Ord. No. 14(1989), § 2(17.04.010, 17.04.050-17.04.080, 17.04.100-17.04.130), 6-27-89)
Cross reference— Definitions generally, § 1.00.070.
Sec. 12.00.030. - Facilities under director's control designated; enforcement authority.
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The director is vested with authority over and control of all facilities owned, leased, controlled,
constructed or maintained by a lessee or private fee owner in any park, for the purpose of causing to
be corrected any condition which violates or which would tend to cause or contribute to any violation
of the purpose and provisions of this chapter.
(Ord. No. 14(1989), § 2(17.04.240), 6-27-89)
Sec. 12.00.040. - Signs; placement and maintenance authority, obedience required.
The director may place and maintain, or cause to be placed and maintained, such signs, notices,
signals, or control devices as he deems necessary to carry out the provisions of this chapter, or to
ensure public safety and orderly and efficient use of any park. A person shall not willfully fail to obey
any sign, notice, signal or control device placed or erected pursuant to this section.
(Ord. No. 14(1989), § 2(17.04.250), 6-27-89)
Sec. 12.00.050. - Compliance with chapter provisions; ejection of violators.
Permission to be within the limits of any park, or to use any facilities, is conditioned on the person
present in the park complying with all applicable provisions of this chapter or any other applicable
laws, ordinances, rules and regulations. A violation of any provision of this chapter or of any order, rule
or regulation authorized by this chapter, or of any other applicable law, ordinance, rule or regulation
shall result in the person so violating being a trespasser ab initio, and the sheriff or director may eject
any such person from a park.
(Ord. No. 14(1989), § 2(17.04.260), 6-27-89)
Sec. 12.00.060. - Enforcement authority.
Except as specifically provided in this chapter, the director shall enforce the provisions of this
chapter.
(Ord. No. 14(1989), § 2(17.04.270), 6-27-89)
Sec. 12.00.070. - Liability limitations.
A person exercising any of the privileges authorized by this chapter does so at his own risk without
liability on the part of the city, its officers, employees and agents, for death or injury to persons or
damage to property resulting therefrom.
(Ord. No. 14(1989), § 2(17.04.290), 6-27-89)
Sec. 12.00.080. - Penalty for violation.
(a) Any person who violates any provisions of this chapter, the conditions of any permit issued
pursuant thereto, or any rule or regulation relating to parks and recreation areas, is guilty of an
infraction. Upon conviction thereof, he shall be punishable as provided in section 1.04.020
(b) Notwithstanding the provisions of subsection (a) of this section, violation of sections or
subsections 12.00.220, 12.00.230,12.00.260(b) and (c), 12.00.270, 12.00.280,
12.00.320-12.00.350,12.00.370,12.00.380 and 12.00.510 is a misdemeanor, punishable as
provided in section 1.04.010
(c) A repetition or continuation of any violation of any provision of this chapter, or of any order or
direction of the director on successive days, constitutes a separate offense for each day during any
portion of which such violation is committed, continued or permitted.
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(Ord. No. 14(1989), § 2(17.04.300), 6-27-89)
Secs. 12.00.090-12.00.200. - Reserved.
DIVISION 2. - PARK RULES AND REGULATIONS
Sec. 12.00.210. -Applicability of division.
The rules and regulations set out in this division apply to all parks except as otherwise expressly
stated.
(Ord. No. 14(1989), § 2(17.04.320), 6-27-89)
Sec. 12.00.220. - Hours of operation.
A person shall not enter, be or remain in any park, or any facility related thereto, except as may be
expressly permitted as follows:
(1) Parks withoutlighted athletic fields or facilities. A person may enter, be and remain in any park
without lighted athletic facilities between one-half hour before sunrise and one-half hour after
sunset of each day.
(2) Parks with lighted athletic fields or facilities. A person shall be permitted to enter, be, remain in
any park which has lighted athletic facilities between one-half hour before sunrise and 10:00
p.m. A person may be permitted to enter, be and remain in any park which has lighted athletic
facilities after 10:00 p.m. if such person has obtained, from the city manager or his designee, a
park use permit. Such park use permit shall designate, in writing, the name of the responsible
person or organization who has permission to enter or remain after 10:00 p.m., the dates such
permit has been issued for the number of persons expected to be present and the estimated
time at which the permitted person or organization will cease use of the park. The city council
shall establish, by resolution, the fee applicable to such permit.
(3) Hours of operation. The city manager, or his designee, shall post the hours of operation in one
or more conspicuous locations at each park.
(Ord. No. 14(1989), § 2(17.04.330), 6-27-89; Ord. No. 12(1990), § 2, 9-18-90)
Sec. 12.00.230. - Park property and vegetation; damaging or removing prohibited; exception.
A person, other than a duly authorized park employee in the performance of his duties, shall not:
(1) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, grass, fruit or flower, or any
portion thereof, growing in a park;
(2) Remove any wood, turf, grass, soil, rock, sand or gravel from any park; and
(3) Cut, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence,
bench, structure, apparatus, equipment or property in a park or any portion thereof; or mark
or place thereon, or on any portion thereof, any mark, writing or printing; or attach thereto
any sign, card, display or other similar device.
(Ord. No. 14(1989), § 2(17.04.340), 6-27-89)
Sec. 12.00.240. - Motor vehicle restrictions; parking.
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A person shall not bring to or operate in any park any motor vehicle except at such times and at
such places as permitted by the director in written regulations or permits issued by him from time to
time, and any such operation of a motor vehicle shall be in accordance with the conditions contained in
such regulation or permit. A person shall not park any motor vehicle in any park except in areas
designated by the director for parking.
(Ord. No. 14(1989), §2(17.04.370), 6-27-89)
Sec. 12.00.250. - House trailers and other camping vehicles.
A person shall not bring a house trailer or other recreation traveltrailer type vehicle which can be
used for overnight sleeping purposes into any park not having a designated overnight camping area
except when authorized by the director for firefighting or other public emergencies.
(Ord. No. 14(1989), § 2(17.04.380), 6-27-89)
Sec. 12.00.260. - Animals.
(a) Prohibited generally. A person shall not bring into a park any cattle, horse, mule, goat, sheep, swine,
dog, cat or other animal of any kind except as hereafter specifically provided or as otherwise
permitted by the director.
(b) Dogs and cats permitted under certain conditions. A person may bring and maintain, in any park
exclusive of golf courses, a dog or cat if such dog or cat is kept on a leash or chain and under full
control of its owner or custodian, or upon written permission of the director when required for
authorized park programs.
(c) Horses and similar animals permitted under certain conditions. A person may only lead or ride a
horse, mule, donkey or other similar animal on designated trails or in designated equestrian areas
subject to all rules and regulations governing their use, or in other park areas upon written
permission of the director, subject to the regulations of such use permit.
(d) Grazing livestock prohibited, exceptions. A person shall not permit any cattle, horses, goats, sheep,
swine or any domestic animal to graze in any park, except on property designated for such
purpose.
(e) Injuring or killing prohibited,' exceptions. A person shall not molest, hunt, disturb, injure, shoot at,
take, net, poison, wound, harm, kill or remove from any park or riding and hiking trail any kind of
animal except:
(1) When necessary to avoid bodily harm;
(2) When fishing or hunting are permitted bythe director;
(3) If requested by the administrative head of a park containing a nature museum, he may
capture such an animal and deliver it unharmed to the administrative head; and
(4) If a person is a duly authorized park employee and is doing so in the performance of his
duties.
(Ord. No. 14(1989), § 2(17.04.400-17.04.430, 17.04.470), 6-27-89)
Sec. 12.00.270. - Disturbances.
A person shall not disturb the peace and quiet of any park by:
(1) Any unduly loud or unusual noise;
(2) Tooting, blowing or sounding any siren, horn, signal or noise -making device;
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(3) Any obscene, violent or riotous conduct; or
(4) The use of language calculated to incite an immediate, violent breach of the peace.
(Ord. No. 14(1989), § 2(17.04.435), 6-27-89)
Sec. 12.00.280. -Alcoholic beverages and narcotics or dangerous drugs.
A person shall not enter, be or remain in any park while in possession of, transporting, purchasing,
selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized
by the city council and properly licensed or in connection with a special event duly authorized by the
director for which the sponsoring organization is properly licensed by the state department of alcoholic
beverage control. A person shall not enter, be or remain in any park while in possession or
transporting, purchasing, selling, giving away or consuming any narcotics and dangerous drugs.
(Ord. No. 14(1989), § 2(17.04.440), 6-27-89)
Sec. 12.00.290. - Soliciting for or selling merchandise; restrictions.
A person shall not solicit in any manner or for any purpose, or sell or offer for sale any goods,
wares or merchandise therein except:
(1) Pursuant to a concession or other agreement authorized by the city council.
(2) A sports team which is a member of a regular sports league and which admits all members of
the general public to the sporting event to the extent of capacity without discrimination and
without charge to any game played may solicit voluntary contributions from the spectators
attending such game.
(3) Pursuant to permission granted by the city council, if the acts permitted will not in any way
detract from the use of the park by the public and if the proceeds are used for charitable
purpose and the city council so finds.
(4) When found by the director to be consistent with the policies of the department or to
promote the programs of the department, under conditions prescribed by him.
(Ord. No. 14(1989), § 2(17.04.460), 6-27-89)
Sec. 12.00.300. - Nudity and disrobing prohibited; exceptions.
(a) No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any park in such a
manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum,
anus, anal region or pubic hair region of any person, or any portion of the breast at or below the
upper edge of the areola thereof of any female person, is exposed to public view, except in those
portions of a comfort station, if any, expressly set aside for such purpose.
(b) This section shall not apply to persons under the age of ten years, provided such children are
sufficiently clothed to conform to accepted community standards.
(c) This section shall not apply to persons engaged in a live theatrical performance in a theater,
concert hall or similar establishment which is primarily devoted to theatrical performances.
(Ord. No. 14(1989), § 2(17.04.480), 6-27-89)
Sec. 12.00.310. - Rubbish disposal.
A person shall not throw, place or dispose of any garbage, refuse, waste paper, bottles or cans in
any place in a park other than into a garbage can or other receptacle maintained therein for that
purpose.
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(Ord. No. 14(1989), § 2(17.04.500), 6-27-89)
Sec. 12.00.320. - Concessions and other facilities; sanitation requirements.
The lessee, agent, manager or person in charge of a facility under lease or concession from the
city, or owned in fee in any city park, shall at all times maintain the premises under his charge in a
clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris
and other waste materials. Should the director find that any facility under concession or lease is not so
maintained, he shall in writing notify the concessionaire, lessee, agent, manager or other person in
charge of the facility to immediately commence and diligently prosecute to completion the necessary
correction of the unsanitary condition to the satisfaction of the director. Failure to do so with
reasonable dispatch shall be cause for the director to cause the condition to be corrected as he deems
necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent,
manager or person in charge.
(Ord. No. 14(1989), § 2(17.04.510), 6-27-89)
Sec. 12.00.330. - Flammable and combustible liquids and materials.
(a) Within a park, no person shall sell, offer for sale or deliver in bulk any class of flammable liquid or
combustible material, except when in compliance with all requirements of the county fire code,
and any other laws or regulations applicable thereto.
(b) A person shall not store, transfer, handle or use any flammable liquid or combustible liquids
within a park, except under the following conditions:
(1) The storage of class I flammable liquid within a closed storage container or cabinet shall be
limited to three gallons in aggregate capacity.
(2) Flammable liquids when stored shall be in an approved safety container.
(3) The storage of combustible liquids within a closed storage container or cabinet shall be
limited to six gallons in aggregate capacity.
(4) A person shall first obtain a permit from the fire department to handle or use any flammable
liquid or combustible liquid in excess of the quantities mentioned in subsections (b)(1) and (b)
(2) of this section.
(c) A person shall not leave stored in any park any empty tanks and containers previously used for
flammable or combustible liquids, unless free from explosive vapors, except that empty, approved
safety containers may be kept in storage.
(d) A person shall not use any class I flammable liquid for washing parts or for removing grease, dirt
or other substances.
(Ord. No. 14(1989), § 2(17.M520),6-27-89)
Sec. 12.00.340. - Unsafe or dangerous conditions; barricades or other measures authorized
under certain conditions.
Whenever any buildings, structures or floating facilities within a park, either on land or water, are
found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be
the duty of the concessionaire, agent, lessee, operator or person in charge thereof to immediately post
a proper notice and fence or barricade and at night to adequately light such unsafe area, and such
unsafe area shall be kept posted and lighted and fenced or barricaded until necessary repairs are
made. If the concessionaire, agent, lessee, operator or person in charge fails or neglects to repair or to
put up fences or other barriers to prevent persons from using or going upon the unsafe areas, the
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director may then take such measures as he may deem necessary for the protection of the public, and
charge the cost of same to such concessionaire, lessee, agent, operator or person having charge of the
buildings, structures or facilities that are defective or dangerous.
(Ord. No. 14(1989), § 2(17.04.580), 6-27-89)
Sec. 12.00.350. - Fires.
A person shall not light or maintain any fire in any park other than in a stove, fire circle or area
designated for such purpose, except upon written authorization from the director. All fires lighted or
maintained pursuant to this section shall be in compliance with all applicable rules and regulations of
the county air pollution control district, United States Forest Service, and any fire department having
jurisdiction over the respective park areas.
(Ord. No. 14(1989), § 2(17.04.590), 6-27-89)
Sec. 12.00.360. - Harmful objects.
A person shall not place, throw, leave, keep or maintain any object in such a manner or in such a
place that any person or animal may be injured or any structure or vehicle may be damaged thereby.
(Ord. No. 14(1989), § 2(17.04.600), 6-27-89)
Sec. 12.00.370. - Firecrackers and other explosives.
A person shall not take or transport into any park, or have in his possession therein, or fire or
discharge therein any firecracker, rocket, torpedo, fireworks or other explosive substance unless he
first obtains a permit to do so from the director and complies with all other applicable ordinances.
(Ord. No. 14(1989), § 2(17.04.610), 6-27-89)
Sec. 12.00.380. - Firearms and other weapons.
A person shall not bring into, discharge, or shoot any firearms, air gun, slingshot, or bow and
arrow in any park except at areas designated for such purpose by the director.
(Ord. No. 14(1989), § 2(17.04.620), 6-27-89)
Sec. 12.00.390. - Model airplanes.
A person shall not operate model airplanes except in areas designated for such use, and subject to
all rules and regulations contained in such written permission.
(Ord. No. 14(1989), § 2(17.04.630), 6-27-89)
Sec. 12.00.400. - Sleds, skis and other winter sports equipment.
A person shall not hitch or pull by any vehicle upon, along or across any road or driveway any
toboggan, sled, skis or any other type of winter sports equipment. A person shall not use any
toboggan, sled, skis or any other type of winter sports equipment upon, along or across any road or
driveway.
.(Ord. No. 14(1989), § 2(17.04.640), 6-27-89)
Sec. 12.00.410. - Golf.
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A person shall not play or practice golf (including, but not limited to, driving, chipping or putting a
standard or simulated golf ball), except in a golf course, driving range and/or areas permitted by the
director, and subject to all rules and regulations posted at such areas.
(Ord. No. 06(1997), § 1, 9-2-97)
Sec. 12.00.420. - Skate park rules.
(a) Skateboarding, non -motorized scooters and in-line skating are permitted in any skateboarding
facility designated by resolution of the city council.
(b) No person shall enter the fenced area of the skate park without wearing a helmet, elbow pads and
kneepads ("required protective equipment') at all times.
(c) Bicycles and all other wheeled vehicles not specifically permitted in paragraph (a) are prohibited
from entering the fenced area of the skate park.
(d) Violation of this section or of any provisions thereof shall be deemed an infraction and punishable
as provided in section 1.04.020 of the Municipal Code.
(e) Signs shall be posted at the skate park providing reasonable notice of the requirements of this
section and the penalties for failing to comply with the requirements of this section.
(f) This section will expire six months after its effective date unless extended by the city council.
(Ord. No. 03(2000), § 1, 6-6-00; Ord. No. 02(2002), § 1, 1-29-02; Ord. No. 08-2005, § 1, 7-5-05)
Sec. 12.00.430. - Dog park rules.
The following rules govern the use of dog parks in the city. No person shall violate or allow his or
her dog to use a dog park in violation of the following rules:
(a) Dog park hours are from one-half hour before sunrise to one-half hour after sunset.
(b) The dog park is for use by dog owners and their dogs only. All other activities are prohibited.
No animals aside from dogs are permitted.
(c) Handlers may not bring more than three dogs at any one time.
(d) Dog owners must leash their dog(s) outside of the fenced area of the dog park.
(e) Leashed dogs are not permitted within the fenced area of the dog park.
(f) Dogs with spiked collars are not allowed.
(g) Adults must accompany children under the age of 14 years.
(h) Dogs must never be left unattended.
(i) All dogs must wear a current license and vaccination tags.
Q) Unruly dogs are not allowed. For purposes of this paragraph, an unruly dog is a dog that
consistently exhibits dominant aggression toward other dogs.
(k) Female dogs in heat are not allowed.
(l) Dogs are allowed only in the area that is designated for their weight class. Small dogs are
under 25 lbs.; large dogs are 25 lbs. and over.
(m) Puppies under four months old are not permitted inside the dog park.
(n) Dog owners must clean up after their dog(s).
(o) Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of
the dog(s).
(p) No alcohol or drug use is permitted.
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(q) No spectators are permitted inside the fenced area of the dog park.
(r) Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the dog park.
(s) No food or eating is allowed in the fenced area of the dog park.
(t) Glass containers are not allowed in the fenced area of the dog park.
(u) Special events or contests are not allowed in the dog park without first obtaining written
authorization from the community services department.
(v) Users must obey all other park rules.
(Ord. No. 11(2012), §2, 8-7-12)
Sec. 12.00.440. - Terms of use.
Dog park users use the dog park at their own risk. The city is not responsible for injuries incurred
by or illnesses contracted by persons or dogs as a result of their use of the dog park.
(Ord. No. 11(2012), §2, 8-7-12)
Sec. 12.00.450. - Penalties.
Violation of section 12.00.430 or of any provisions thereof shall in addition to any other remedies
contained in this Code, be deemed an infraction and punishable as provided in section 1.04.010(b) of
the Municipal Code. Any person violating any of the rules set forth in section 12.00.430 shall be
deemed guilty of a separate offense for each and every day or portion thereof during which any
violation of the dog park rules is committed, continued, or permitted. The city reserves the right to
eject anyone from the dog park for violating posted rules.
(Ord. No. 11(2012), §2, 8-7-12)
Sec. 12.00.460. - Signs.
Signs shall be posted at the dog park providing reasonable notice of the requirements of section
12.00.430 and the penalties for failing to comply with the requirements of that section.
(Ord. No. 11(2012), §2, 8-7-12)
Secs. 12.00.470-12.00.499. - Reserved.
DIVISION 3. - RIDING AND HIKING TRAILS
Sec. 12.00.500. - Trail rules.
The following rules shall govern use of the city's trails:
(a) Trails are open'/2 hour before sunrise and closed /2 hour after sunset.
(b) Trail users use citytrails attheir own risk. Many citytrails, or portions of trails, are
unimproved and in their natural condition.
(c) Trail users shall stay on the trail and not trespass on or damage private property adjacent to
trails.
(d) Trails shall be used exclusively for hiking and bicycling.
(e) Bicyclists shall yield the right-of-way to pedestrians, pass on the right and give verbal warning
whenever passing.
(f) All bicyclists under the age of 18 years shall wear a helmet.
(g) No smoking or open flame is permitted on or in areas surrounding trails.
about:blank 12/3/2014
Diamond Bar, CA Code of Ordinances Page 10 of 10
(h) Alcoholic beverages are not allowed on or in areas surrounding trails.
(i) Dogs must remain on a leash and in control of owner.
0) Dog owners shall pick-up and pack out dog waste.
(k) All trail users must pack out their trash.
Signs shall be posted at each trail access point and trailhead providing reasonable notice of the
requirements of this section and the penalties for failing to comply with the requirements of this
section.
(Ord. No. 05(2008), § 1, 10-7-08)
Sec. 12.00.510. - Operation of motor vehicles.
A person shall not operate any motor vehicle on or over any firebreak or any fire protection roads
which are posted against public use and provided with locked gates, or operate any motor vehicle on
or over any riding or hiking trail, including a riding and hiking trail established under Public Resources
Code, except as otherwise provided in section 12.00.240.
(Ord. No. 14(1989), § 2(17.04.1170), 6-27-89)
about:blank 12/3/2014
ATTACHMENT 5
CITY OF DIAMOND BAR
21810 Copley Drive
Diamond Bar, CA. 91765
NOTICE OF PUBLIC HEARING
NOTICE IS' HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council of the City
of Diamond Bar will hold a Public Hearing on Tuesday, December 16, 2014 at 6:45 pm or as
soon thereafter as the matter may be heard, in the Auditorium of the South Coast Air Quality
Management District, 21865 Copley Drive, Diamond Bar, California, 91765 for the purpose of
considering:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING SECTION 12.00.240 OF THE DIAMOND BAR MUNICIPAL CODE
RELATING TO PARKING OF MOTOR VEHICLES IN CITY PARKS
DATE & TIME OF PUBLIC HEARING
Tuesday, December 16, 2014, at 6:45 p.m. or as soon thereafter as the matter may be heard.
LOCATION
Auditorium of the South Coast Air Quality Management District, 21865 Copley Drive, Diamond
Bar, California, 91765.
All interested persons are invited to attend said hearing and express opinions or provide
evidence on the matter outlined above. If you are unable to attend the public hearing, butwish to
send written comments, please submit them to the City Clerk's office at 21810 Copley Drive,
Diamond Bar, CA 91765, any time prior to the hearing. You may also obtain additional
information concerning this matter by phoning the City Manager's Office at (909) 839-7010. If
you challenge the ordinance in Court, you may be limited to raising only those issues raised at
the Public Hearing described in this notice, or in written correspondence delivered to the City
Council at, or prior to, the Public Hearing.
Dated: November 26, 2014
Tommye A. Cribbins, City Clerk
City of Diamond Bar
Publish: December 2. 2014
1050995.1
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Agenda 47.2
Meeting Date: December 16 2014
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Memberspf the City Council
VIA: James DeStefano, City Mane
TITLE: RESOLUTION NO. 2014 -XX APPOVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ALLOCATION INCLUDING $203,875 IN FISCAL
YEAR 2015-2016 FUNDS AND $87,020 FROM UNALLOCATED BALANCE OF
FUNDS FOR THE TOTAL AMOUNT OF $290,895
RECOMMENDATION:
It is recommended that the City Council open the public hearing, receive testimony and adopt the
Resolution.
BUDGET IMPLICATION:
Funding for the CDBG Program is received from the Federal Government. Approval of the 2015-
2016 CDBG budget will be incorporated into the Fiscal Year 2015-2016 City Budget. The CDBG
Program does not impact the City's General Fund budget.
BACKGROUND:
By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County
Community Development Commission's Community Development Block Grant (CDBG) Program.
The CDBG Program was established through the Housing and Community Development Act of 1974.
The primary goals of the CDBG program are to provide for the development of viable urban
communities by providing decent housing and a suitable living environment and expanding economic
opportunities, principally for persons of low and moderate income. Eligible CDBG projects are those
that meet one of the following national objectives for the program:
Benefiting low and moderate income persons;
Addressing slums or blight; or
Meeting a particular urgent community development need.
The projects must also meet one of the eligible activity categories which include acquisition of real
property for an eligible use; acquisition, construction, and rehabilitation of public facilities; demolition
and clearance of deteriorated buildings; community service for low and moderate income households;
removal of barriers that restrict the mobility for elderly or disabled persons; or special economic
development activities.
Funds may be used for a variety of community development activities such as public services, ADA
retrofit and improvements for parks, public works projects, and home improvement programs. The
funds may only be used within low and moderate -income census tracts (of which the City has none)
and/or to benefit low and moderate -income persons and/or presumed eligible persons (elderly or
disabled).
The Los Angeles County Community Development Commission (LACDC) has determined that the
City of Diamond Bar's preliminary CDBG allocation for Fiscal Year 2015-2016 is $203,875. In
addition to the annual allocation, the City will have $87,020 from the accumulated balance of
unexpended CDBG funds to use for the FY 2015-2016 CDBG Program, for a combined total program
budget of $290,895.
LACDC anticipates notification of the final allocation by early 2015. In the event that the actual CDBG
funding levels vary from the estimate, the City may adjust the proposed projects and budgets
proportionately to the lower funding level.
The City's approved projects and budget must be submitted to the Los Angeles County CDC by
February 2, 2015. The City of Diamond Bar's projects and budget will ultimately become part of the
Los Angeles County's CDBG program application to the U.S. Department of Housing and Urban
Development (HUD).
91 &1*111 11IC Ll A
Prior to approval of the programs and budget, a public hearing is required to receive and consider
citizen input on the proposed CDBG Program. The public hearing notice was posted in various
locations in the City including the SCAQMD/Government Center, Diamond Bar Library and Heritage
Park. Additionally, the City sent a Request for Proposals to all interested organizations regarding the
availability of CDBG funding. Based on the proposals submitted by non-profit agencies and City
Departments, past history of applicants, and the availability of funds, funding recommendations have
been developed. Prior to a project being funded, eligibility is determined and the sub -recipients must
meet the Federal regulations/requirements. The City provides support to the projects that receive
funding with technical assistance and monitoring to ensure compliance. The City is responsible for
overseeing the operations of all the sub -recipient supported activities including compliance with all
applicable Federal requirements and for monitoring the achievement of performance goals.
The cost of project administration and contract compliance services are charged on a project -based
model which allows the City to pay for costs associated with meeting the regulatory requirements on
a per project basis. CDBG project administration is being implemented by City staff with assistance
from the City's consultant — Diana Cho and Associates.
As part of the application process, the City must describe the programs that are currently being
implemented and how those programs are meeting the goals and objectives that have been
established by the City.
CURRENT CDBG PROJECTS AND ALLOCATIONS FOR FY 2014 - 2015 ($340,687)
YMCA Child Care and Day Camp Program ($11,500) - Provides pre-school child care, after-school
child care and summer day camp for children from low and low/moderate-income families. CDBG
funds are used to provide child care financial assistance for five (5) children.
2
Senior Programming ($18,768) - Provides senior activities including information and referral,
physical mobility classes, seminars, arts and crafts, game days, senior excursions, and special
events. General Insurance has been purchased for the senior groups utilizing the Heritage Park
Community Center and Diamond Bar Center. Over 500 seniors participate in the various programs
and activities offered by the City.
Home Improvement Program (HIP) ($100,000) - Offers grants and/or deferred loans to eligible low
and moderate -income homeowners for necessary home improvements as well as repairs to mitigate
building and safety code deficiencies and/or violations. The Home Improvement Program (HIP) is
administered by the City's consultant — SJC 3 Consulting, Inc. Currently, one (1) rehabilitation project
is in construction and three (3) projects are in the bidding and pre -construction phases of the
program. Two (2) rehabilitation projects are completed.
Sidewalk ADA Improvement Project ($199,419) - Funding will provide for the construction of ADA
accessible sidewalks, curb ramps, and curb and gutter in the vicinity bounded by Grand Avenue to
the north, Gateway Corporate Center to the west, Diamond Bar Blvd., to the east, and Pathfinder
Road to the south.
ADA Improvements -Complete Design of Star Dust and Longview South Mini -Parks ($11,000) -
Funding provided to completed final design and plan check for ADA improvements at Star Dust and
Longview South Mini -Parks.
PROPOSED CDBG PROJECTS AND ALLOCATIONS FOR FY 2015-2016 -
$203,875 in New FY 2015-2016 Funds and $87,020 in Prior Year's Unallocated/Reprogrammed
Funds for a combined total of $290,895
Based upon Federal regulations, CDBG funds must be allocated and expended within three (3) years.
In addition, cities are strongly encouraged by the LACDC to allocate all monies as soon as feasible.
The recommendation for the distribution of CDBG funds is as follows:
2015-2016 Public Service - $30,581 (15% of $203.875 of New FY 2015 — 2016 Funding)
The Public Service cap for Fiscal Year 2015-2016 is $30,581, or 15% of the FY 2015-2016 CDBG
annual allocation. Two (2) funding applications were submitted for Public Service monies including
the City's Senior Programming and the YMCA Child Care and Day Camp Program. For the FY 2015-
2016 CDBG funding cycle, staff recommends the following Public Service allocation.
City Senior Program FY 14-15 Allocation $18,768
FY 15-16 Total Requested $21,392
FY 15-16 Funding Recommendation $18,768
As in prior years, the Senior Program proposes to combine and include several of the activities and
supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen
Senior Association, Sunshine Seniors Group, Diamond Age Senior Citizen Association, and Super
Diamond Age. The CDBG applications for funding from the senior clubs are listed below:
• Diamond Bar Senior Citizens Club - $5,000
Funding is requested for liability insurance and senior club activities.
• Chinese Evergreen Senior Association - $5,000
Funding is requested liability insurance and support for senior activities.
3
Sunshine Seniors Association - $10,000
Funding is requested for liability insurance and for events supporting seniors.
Diamond Age Senior Club - $5,500
Funding is requested for liability insurance and for senior club activities.
Super Diamond Age Senior Club - $10,000
Funding is requested for liability insurance and for senior club activities.
The amount of funds requested for Senior Programming has typically exceeded the CDBG public
service projects allocation. For FY 2015-2016, the additional funds required for the City's Senior
Program will be paid through the Community Services budget as in prior years. The requested use of
FY 2015-2016 CDBG funds (which includes a portion of the funding requested by each of the five (5)
senior clubs) is identified in the attached memo from the Community Services Director and is
summarized below:
City Senior Program
Senior Coordinator $10,492
Supplies $ 2,400
Senior Clubs $ 5,000 for Liability Insurance ($1,000 per club)
$ 3,500 each for Program Support ($700 per club)
Total Requested $21,392
Allocation by Community
Services for Senior
Programs
It is recommended that $18,768 be allocated for Senior Programming. This amount will provide for a
portion of the costs for the staff position, supplies, and $1,700 for each of the five (5) Senior Clubs. In
addition, the proposed allocation includes funding for CDBG project administration.
Diamond Bar YMCA Childcare and
YMCA Day Camp
FY 14-15 Allocation $11,500
FY 15-16 Request $12,000
FY 15-16 Recommendation $11,813
To provide before and after school childcare and a day camp program for five (5) to ten (10) low and
low/moderate-income children. The proposed allocation includes funding for CDBG project
administration.
Public Service Sub -total Request
Recommended Public Service Allocation
$33,392
$30,581
2015-2016 Public Works and Housing - $173,294 (85% of New FY 2015 - 2016 Funding) and
$87,020 from the Unallocated Balance/Reprogrammed Funds for Total of $260,31
The allocation for Public Works and Housing projects includes $173,294 from the FY 2015-2016
allocation and $87,020 in unallocated CDBG funds accumulated from project savings and deferred
loan repayments. Staff recommends that the $260,314 be allocated for the Home Improvement
Program, Design for ADA Retro -fit of Two Bridges at Sycamore Canyon Park, Handicap Ramp
Installation at Star Dust and Longview Park South, and Construction of Star Dust Park and Longview
Park South ADA Improvements.
112
Home Improvement Program FY 14-15 Allocation $100,000
FY 15-16 Request $100,000
FY 15-16 Recommendation $100,000
To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for
necessary home improvements as well as repairs to mitigate building and safety code deficiencies
and/or violations. The proposed allocation includes program administration funds for the HIP
consultant.
Design of Two Bridges at FY 14-15 Allocation $ -0-
Sycamore Canyon Park FY 15-16 Request $ 20,000
FY 15-16 Recommendation $ 20,000
To provide for the design of the retro -fit of two (2) bridges at Sycamore Canyon Park required for the
removal of architectural barriers to handicap access within the park. The proposed allocation
includes funding for CDBG project administration.
ADA Handicap Ramps
Star Dust Park and Longview South
Park
FY 14-15 Allocation $ -0-
FY 15-16 Request $ 20,000
FY 15-16 Recommendation $ 22,000
To provide for the construction of handicap ramps along the paths to Star Dust and Longview South
Parks. The recommended allocation includes funding for CDBG project administration and contract
compliance.
Construction of Star Dust Park and
Longview South Park ADA
Improvements
FY 14-15 Allocation $ -0-
FY 15-16 Request $200,000
FY 15-16 Recommendation $118,314
CDBG funds are requested for the completion of ADA improvements at Star Dust and Longview Park
South Parks and for the removal of architectural barriers to allow handicap access. The proposed
allocation includes funding for CDBG project administration and contract compliance.
Public Works and Housing Sub -total Request $340,000
Recommended Public Works and Housing Allocation $260,314
TOTAL 2015 - 2016 CDBG FUNDS REQUESTED $373,392
TOTAL AVAILABLE /RECOMMENDED 290 895
The purpose of the public hearing is to solicit public testimony and receive presentations from the
public service organizations requesting funds. It is an opportunity for the City Council to question the
proposed public service organizations as well as City staff regarding the applications under
consideration.
Prepared and Reviewed by:
James DeStefano
City Manager
Gl
Attachments:
A - Matrix of Projects / Recommended Funding Options
B - Resolution 2014 -XX
C - CDBG Project Applications
11
/_1gram :hLl:11Lkr1
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
201$-16 PROGRAM YEAR
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City of Diamond Bar
Senior
$18,768
$21,392
$18,768
Community Services
Services
Included in
Included in
Diamond Bar Senior
SeniorCommunity
Community Services
Included in City
Club
Services
Dept. Allocation
Services Dept.
Request
Request
Included in
Included in
Sunshine Senior
Senior
Community Services
Community
Included in City
Club
Services
Dept. Allocation
Services Dept.
Request
Request
Included in
Included in
Evergreen Senior
Senior
Community Services
Community
Included in City
Club
Services
Dept. Allocation
Services Dept.
Request
Request
Included in
Included in
Diamond Age Senior
Senior
Community Services
Community
Included in City
Club
Services
Dept. Allocation
Services Dept.
Request
Request
Included in
Super Diamond Age
Senior
Included in
Community Services
Community
Included in City
Senior Club
Services
Dept. Allocation
Services Dept.
Request
Request
Diamond Bar/
Child Care
$11,500
$12,000
$11,813
Walnut YMCA
Day Camp
Sub -total
$30,268
$33,392
$30,581
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
2015-16 PROGRAM YEAR
City of Diamond Bar
Home
—Community
Improvement
$100,000
$100,000
$100,000
Development
Program
Design of Two
City of Diamond
Bridges at
Bar -Community
Sycamore
Canyon Park
$ _0-
$20,000
$20,000
Services
ADA
Improvements
City of Diamond
ADA Handicap
Bar -Community
Ramps Star
Dust Park and
$ -0-
$20,000
$22,000
Services
Longview
South Park
Construction of
Star Dust Park
City of Diamond
and
Bar -Community
Longview
$ -0-
$200,000
$118,314
Services
South Park
ADA
Improvements
City of Diamond Bar
Sidewalk ADA
— Public Works
Improvement
$199,419
$ -0-
$ -0-
Project
Complete
City of Diamond
Design of Star
Bar -Community
Dust and
$11,000
$ -0-
$ -0-
Services
Longview
South Mini -
Parks
Sub4otal
$310,419
$340,000
$260,314
2
RESOLUTION 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCLUDING
$203,875 IN FISCAL YEAR 2015-2016 FUNDS AND $87,020 FROM UNALLOCATED
BALANCE OF FUNDS FOR THE TOTAL AMOUNT OF $290,895
WHEREAS, On August 22, 1974, the President of the United States signed into law the Housing
and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding economic
opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar has received notification of the availability of $203,875 in
Fiscal Year 2015-2016 Federal Community Development Block Grant (CDBG) funds to further the
attainment of these goals during; and
WHEREAS, the City has $87,020 in unallocated CDBG funds accumulated from project savings
and deferred loan repayments; and
WHEREAS, the combined total of $290,895 in CDBG funds is available to use for FY 2015-2016
projects; and
WHEREAS, suggestions have been requested from residents, community organizations, and City
Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the Act and met
with all interested groups and conducted a public hearing to solicit comments and suggestions from the
community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows:
Section 1. The funding allocation for the 2015-2016 Program year shall be:
PUBLIC SERVICE $ 30,581
Senior Programming $ 18,768
YMCA Childcare and Day Camp $ 11,813
PUBLIC WORKS AND HOUSING $260,314
Home Improvement Program $100,000
Design of Two Bridges at Sycamore
Canyon Park ADA Improvements $ 20,000
ADA Handicap Ramps -Star Dust and
Longview South Parks $ 22,000
Construction of Star Dust Park and
Longview South Park ADA Improvements $118,314
Section 2. That the City Manager is authorized and directed to submit the City's final Planning
Summary for Fiscal Year 2015-2016 to the County of Los Angeles, reflecting the funding allocations set
forth herein. Should the City's final allocation vary by more than twenty-five percent (25%) from the
figures contained herein, the City Manager is authorized to allocate the additional funds to eligible
activities.
Section 3. That the City Manager is authorized to execute the contractual and related documents
to be prepared by the County of Los Angeles that are required for the implementation of the
projects/programs set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED, APPROVED, AND ADOPTED this 16th day of December, 2014.
Steve Tye, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution No. 2014- was duly and regularly passed and adopted by the City Council of
the City of Diamond Bar, California, at its adjourned regular meeting held on the 16th day of December,
2014, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
2
Tommye A. Cribbins, City Clerk
City of Diamond Bar
Interoffice
MEMORANDUM
To: Diana Cho, CDBG Consultant
From: Bob Rose, Community Services Director
Date: November 6, 2014 �J 7
Re: CDBG Request for 2015/16 FY — Community Service Dept. Request for
Public Works Funds
CDBG Public Works funding Request from Community Services Department:
Design of Two Bridges at Sycamore Canyon Park -- $20,000
This project will result in the design for the retro -fit of two bridges at Sycamore Canyon Park to
remove architectural barriers to handicap access within the park.
(Off-site) — $ 20,000
Construction project to remove architectural barriers to handicap access to Star Dust Park and
Longview Park South in the amount of $20,000. At this time, a total of six (6) handicap ramps
will be designed and constructed along the path to these two parks.
(On-site) -- $200,000
This project will complete the construction of Star Dust & Longview South mini park ADA
improvements and complete the construction to remove architectural barriers at both Star Dust
& Longview Park South.
Grand Total Public Works Funding Request from Community Services Dept: $240,000
Please let me know if you need additional information on this request.
Thanks for your assistance.
Cc: Ryan McLean, Deputy City Manager
MEMORANDUM
To: Diana Cho, CDBG Consultant
From: Bob Rose, Community Services
Date: November 6, 2014
Director
Re: CDBG Recommended Allocation for Senior Programs — 2015/16 Fiscal Year
Community Services staff has reviewed the requests submitted for the allocation of CDBG funds for the
2015/16 FY and recommends the following allocation:
1. City Senior Program:
a. Program/Bingo Supplies $2,400
b. Senior Coordinator1$ 0,492
$12,892
Note: Remainder of City Senior Programs costs will be submitted in the proposed 2015/16 FY General
Fund budget for review and consideration.
2. Diamond Bar Senior Citizens Club:
a. Liability Insurance $1,000
b. Program Support/Supplies $700
$1,700
3. Chinese Evergreen Senior Association:
a. Liability Insurance $1,000
b. Program Support/Supplies 700
$1,700
4. Sunshine Seniors Group:
a. Liability Insurance $1,000
b. Program Support/Supplies 700
$1,700
5. Diamond Age Senior Club:
a. Liability Insurance $1,000
b. Program Support/Supplies 700
$1,700
6. Super Diamond Age Senior Club:
a. Liability Insurance $1,000
b. Program Support/Supplies $700
$1,700
Note: CDBG funds for senior organizations are held by the.City and paid as reimbursement after required
documentation demonstrates CDBG eligibility of expenses.
Grand Total Recommended Senior Allocation: $21,392
TM= COM CITY OF DIAMOND BAR
1 F
- -REQUEST FOR PROPOSALS
2015-16 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be
completed, and supplemental information regarding the organization and proposed project
may be attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7.2014 4:00 p.m.
APPLICATION SUMMARY
Organization: Super Diamond Age Senior Club
Project Name: Seniors Support/Assist Amount Requested: $ 10,000
Location of Project: Heritage Park 2900 Brea Canyon Road
Funds would be used to: Fund the liability insurance and outdoor actives
GENERAL INFORMATION
Organization Address: 22127 Rim Fire Lane City: Diamond Bar
Telephone/Fax Number:
Contact Person/Title:
951.751.1888 E-mail Address: Kliu888@yahoo.com
Kathy Liu/ Public Relation Chair
Officials authorized to represent organization and expend funds:
Name: See contact person's name above Title:
Name:
Federal LD Number/Non-Profit Status:
This application is proposing a new
Title:
27-0688186
existing X Project. (Check).
Has the project received past funding from the City of Diamond
Bar?
Yes
If yes, please identify the year/amount and source of From year 2001 to year 2014, for
funding: insurance
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
To entertain and protect member seniors who attend Super Diamond Age Senior club activities.
Describe the specific purpose of the project; Identify the problems the project is intended to solve,
and the age group of those to be served.
Refund of liability Insurance including outdoor activities for the club members. The age group is
From 55 to 95.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
City of Diamond Bar, Walnut, Chino Hills, Rowland Heights and Orange County.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: Seniors residing within the City of Diamond Bar and
surrounding communities
Diamond Bar clients assisted which meet the low/moderate income requirements: Seniors
Diamond Bar clients expected to be assisted in new project year:
Seniors
Describe the characteristics of client population in target area, Including age, sex, Income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client Population: Seniors— Male and Female; over the age of 55.
Yes
Is your organization familiar with the CDBG electronic client data requirements?
Is your organization familiar with the CDBG reporting requirements?
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include all other sources of funding and the total budget of the organization,
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required assurances.
Signature: � iy -u ul C C�
Title: Kathy Liu, Public Relation Chair (a volunteer helper)
Signing for Andrew Lui, President of the club
Date: 11/6/2014
CITY OF DIAMOND BAR I
COMMUNITY DEVELOPMENT BLOCK GRA
REQUEST FOR PROPOSALS
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7. 2014-5:00 p.m.
APPLICATION SUMMARY
Organization: City of Diamond Bar
Project Name: Senior Programming Amount Requested:
Location of
Project:
Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA 91765
Funds would be used to: Conduct educational and social programs to enrich the lives of local
seniors.
These would include but not limited to: seminars, workshops, classes, special events and excursions.
GENERAL INFORMATION
Organization Address: 21810 Copley Drive City:
Telephone/Fax Number:
Contact Person/Title:
Diamond Bar
909.839.7060 E-mail Address: brose@diamondbarca.gov
Bob Rose, Director of Community Services
Officials authorized to represent organization and expend funds:
Name:
Name: James DeStefano
Federal LD Number/Non-Profit Status:
This application is proposing a
new
Title: Mayor
Title: City Manager
95-4210629
existing X Project. (Check).
Has the project received past funding from the City of Diamond
Bar?
YES
If yes, please identify the year/amount and source of Funded annually, most recently
funding: FY 2014/2015
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
Provide Senior programming for up to 385 persons per day. Develop and conduct a variety of
recreational and informational classes, seminars, workshops, and events which meet the diverse
needs of the seniors in Diamond Bar.
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
Meet the human services and recreational needs of a senior population with diverse cultural
backgrounds. Age groups to be served are 55 and over.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
Primary services area is Diamond Bar. Neighboring communities are serviced as well.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous
year:
20,486
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project 22,000
year:
Presumed
benefit.
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
The characteristics of client population in target area are seniors aged 55 and over. It is a mixed
population by gender, however predominately female. The income level is presumed low to
moderate and the ethnic background is 50.21% Asian and Pacific Islander, 30% White, 20% Hispanic,
4.8% Black and 5.9% other.
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements?
FINANCIAL INFORMATION
yes
Please attach a proposed budget of the project. Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate incom residents of the City of Diamond Bar. We understand that the formal
agreement with the i ill define other reporting provisions and federally required assurances.
Signature:
Title:
Date:
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
z 1PROGRAM
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Ad as amended and City Council approval. This application must be
completed, and supplemental information regarding the organization and proposed project
may be attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November7, 2014 4:00 p.m.
APPLICATION SUMMARY
Organization: Sunshine Seniors Association
Project Name: Seniors Support/Assist Amount Requested: $10,000
Location of Project: Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA91765
Funds would be used to: Serving seniors activities including but not limited to excursions,
insurance, rental of hall, senior activities related costs such as food and
entertainment, etc.
GENERAL INFORMATION
Organization Address: 1142 S. Diamond Bar Blvd., #457 City:
Telephone/Fax Number:
Contact Person/Title:
714-745-6123
Tulsi Savani, President
Diamond Bar, CA 91765
E-mail Address: tsavani@hotmail.com
Officials authorized to represent organization and expend funds:
Name: See contact person's name above Title:
Name:
Federal LD Number/Non-Profit Status: 95-4652089
This application is proposing a new X existing X
Title:
Has the project received past funding from the City of Diamond
Bar?
If yes, please identify the year/amount and source of
funding:
Project. (Check).
Yes
Insurance cost $563
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
1. Organization needs Liability insurance every year. We will pay the premium.
2. Provide funding for events (such as entertainment, excursions, yoga and meditation classes,
jazz exercise, lectures from various experts on health and wellness, etc.) supporting seniors
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
The purpose of the organization is to support and assist seniors in their twilight years. We intend,to
help them find support in regard to health and wellbeing, providing entertainment and excursion to
cheer up and meet like aged and like-minded seniors. Age group is targeted is seniors, 50+ years old.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
The target area is mainly City of Diamond Bar and surrounding communities.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous Seniors residing within the City of Diamond Bar and
year: surrounding communities
Diamond Bar clients assisted which meet the low/moderate income Seniors
requirements:
Diamond Bar clients expected to be assisted in new project Seniors
year:
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client Population: Seniors— Male and Female; Age Gr.: 50+; Income Level: Most of them are either on
Medicaid/SSI and some (few) are on Medicare; Mostly they are of Country of India origin
Yes
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements? Yes
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required assurances.
Signature:
���
-�
Title:
Date: f G I
CITY OF DIAMOND BAR
DLL�IO�D B�1P.COMMUNITY DEVELOPMENT BLOCK
REQUEST FOR PROPOSALS
2015-2 1 %P OGRAMYEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be
completed, and supplemental information regarding the organization and proposed project
may be attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7.2014 4:00 o.m.
APPLICATION SUMMARY
Organization: Diamond Bar Senior Citizen Club
Project Name: Seniors Support/Assist Amount Requested: $5000
Location of Project: Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA91765
Funds would be used to: Serving seniors activities including but not limited to insurance senior
activities related costs such as food and entertainment, etc..
GENERAL INFORMATION
Organization Address:
1600 Grand Ave
Telephone/Fax Number: 909.861-8550
Contact Person/Title: Jess
City: Diamond Bar, CA 91765
E-mail Address: chuy1932@verizon.net
Officials authorized to represent organization and expend funds:
Name: See contact person's name above Title:
Name: Title:
Federal LD Number/Non-Profit Status: 95-330474
This application is proposing a new X existing X
Has the project received past funding from the City of Diamond
Bar?
If yes, please identify the year/amount and source of
funding:
Project. (Check).
Yes
Insurance payment $500,
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
Diamond Bar Senior Club needs Liability insurance every year per City Policy and senior club support
would allow for more monthly activities for the organization. .
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
Funding for our clubs insurance would give us more ability to send out funds helping our community
and give more to our members
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
The target area is mainly City of Diamond Bar and surrounding communities.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous Seniors residing within the City of Diamond Bar and
year: surrounding communities
Diamond Bar clients assisted which meet the low/moderate income 300 Seniors
requirements:
Diamond Bar clients expected to be assisted in new project
year:
300 Seniors
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client Population: Seniors — Male and Female; over the age of 55.; All of our members are over the
age of 55 with some on Medicaid/SSI and some on Medicare. We are a very diverse group.
Yes
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements? Yes
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will define other reporting provisions and federally required assurances.
Signature: Jess
Title:
Senior Club President
Date: 11/6/2014
CITY OF DIAMOND BAR
D1�L�IOYD B�1P.COMMUNITY DEVELOPMENT BLOCKGRANT
REQUEST FOR PROPOSALS
2015'-16 PR6GRAMY6kR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be
completed, and supplemental information regarding the organization and proposed project
may be attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November7, 2014 4:00 p.m.
APPLICATION SUMMARY
Organization: Evergreen Senior Club
Project Name: Seniors Support/Assist Amount Requested: $ 5000
Location of Project: Diamond Bar Center, 1600 Grand Ave
Funds would be used to: Club insurance and senior support.
GENERAL INFORMATION
Organization Address: Evergreen Senior Club City: Diamond Bar
Telephone/Fax Number:
Contact Person/Title:
909.861.3699 E-mail Address:
Wi Su Shih
Officials authorized to represent organization and expend funds:
Name: See contact
Name:
rson's name above
Federal LD Number/Non-Profit Status:
This application is proposing a new X
Title: Chairman
Title:
27-0972270
existing X Project. (Check).
Has the project received past funding from the City of Diamond
Bar?
if yes, please identify the year/amount and source of funding: Yes
2014 -insurance $633
Yes
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
Would be able to pay for club insurance. Also would like help for club events.
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
The purpose of our club is to keep seniors healthy and active in our community
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
City of Diamond Bar and surrounding cities.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous
year:
400 plus
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project
year:
500 plus
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client Population: Seniors— Male and Female; over the age of 55.
Yes
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements? Yes
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will define other reporting provisions and federally required assurances
�.
Signature:
Title:
Date:
,u CITY OF DIAMOND BAR
I I I COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
9R 2015-16 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7, 2014 4:00 p.m.
APPLICATION SUMMARY
Organization: Diamond Age Senior Club
Project Name: Birthday Celebration Amount Requested
Location of Project:
Funds would be used to
Celebration
Park of Diamond Bar
5500
Provide Insurance and Club Activities such as Quarterly Birthday
GENERAL INFORMATION
Organization Address: 2707 E. Valley Blvd. #311 City: West Covina
Telephone/Fax Number: 909-861-8678 E-mail Address:
(C)909-510-3883
Contact Person/Title: Corinna Wei — Public Relation Officer
Officials authorized to represent organization and expend funds:
Name: Corinna Wei
Name: Ren Lee
Federal LD Number/Non-Profit Status:
This application is proposing a new
Weima48@yahoo.com
Title: President 2012
Title: Vice President 2012
E IN 3S-2431628 / 501 (C) 3
existing V Project. (Check).
Has the project received past funding from the City of Diamond Bar?
If yes, please identify the year/amount and source of funding:
Insurance Reimbursement 2015 / $1199.83, Party Food / 602.93
Yes
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
To Provide quarterly birthday celebration for the seniors of the club
To Provide entertainment, food, and birthday gifts for the seniors,
To Provide education and activities — line dance class, social dance class, tai -chi dance class,
tai -chi class, chorus class, karaoke class, ping-pong class, etc.
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
The purpose of the project is to provide quality and joyful time for the elders, to warm their
hearts with the birthday greetings, activities aside from their family members, or those who
do not have their younger generation with them to have a memorable and joyful time and
this is the way to keep senior good health.
The age group is from 60 to 90
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
City of Diamond Bar and the Vicinity
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: 230
Diamond Bar clients assisted which meet the low/moderate income requirements: Seniors
Diamond Bar clients expected to be assisted in new project year:
200
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Is your organization familiar with the CDBG electronic client data requirements?
Is your organization familiar with the CDBG reporting requirements?
FINANCIAL INFORMATION
No
No
Pleaseattach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include all other sources of funding and the total budget of the organization.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required assurances.
Signature
Corinna Wei
Title: Public Relation Officer/ President 2014
Date: Oct. 25, 2014
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
PrEp ST FOWOVR PROPOSALS
"210ld-2016 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7 2014 4:00 p.m.
APPLICATION SUMMARY
• .. .tion: Diamond Ba[8Lalnut
Project Name- YMCA Child Care(AAges 3-12) Amount Requested: $12,000
Location of Project: 22600 Sunset Crossing Road Diamond Bar CA 91765
GENERAL INFORMATION
Organization Address: 22600 Sunset Crossing Road City Diamond Bar
Telephone/Fax Number: 909/860-9622 909/860-3957 E-mail tbyrd(a)pomonavmca.org
Contact Person/Title Tracy Byrd Director of Child Care
Officials authorized to represent organization and expend funds:
Name: Matthew Henry Title: CEO
Name: Max Chavez Title: Finance Manager
Federal I. D. Number/Non-Profit Status: 95-1641976
This application is proposing a new existing X project (check).
Has the project received past funding from the City of Diamond Bar? Yes
If yes, please identify the year/amount and source of the funding_ 1992-93 _$34^000; 1993
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
The YMCA, as a leading non-profit, has a goal to never turn anyone away due to an inability to pay. In
Diamond Bar, the need to affordable high-quality childcare is high. The Diamond Bar/Walnut YMCA
provides families with a safe place and quality care for children of working and single parents. The
requested funds will be used to subsidize day camp fees for moderate and low-income families in Diamond
Bar. Each family is required to show proof of income and residence and pay a small part of the Day Camp
or Childcare fee, with the larger balance paid through CDBG funds. Having families participate in a small
way in payment of their children's Day Camp fees has proven to help families feel more vested in the YMCA
and in their children's care while they are working, resulting in a greater sense of pride and responsibility.
In 2014, the YMCA has already distributed over $25,000 in Financial Assistance in the areas of Child Care,
Preschool and Day Camp to Diamond Bar Programs.
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
Over 300 families throughout the local community enroll their children in YMCA Child Care, Preschool and
Day Camp Programs.
Day Camp offers great alternatives to children being left at home unsupervised or getting involved in
unwholesome activities while parents are working. YMCA Day Camp Programs incorporate the "CORE"
values of Honesty, Caring, Respect and Responsibility", offer participants a wide variety of activities, field
trips, and esteem building experiences in a safe environment with lots of other potentials friends — all
supervised by caring YMCA — trained staff. This year we added a literacy component designed to bridge the
"Summer Learning Gap" that many students face after a prolonged break from school. Every day during the
11 week summer program, the kids read for 30 minutes per day resulting in a combined total of over 142,000
minutes of reading this summer.
We encourage participants to grow as a family unit and individuals to participate in values education,
physical fitness and community service they may not otherwise have access to. The requested funds allow
families from low or moderate income to participate in Day Camp and Childcare programs.
YMCA Child Care — Ages 5 to 12
Afterschool Enrichment (Kindergarten - 6'h _grade) The YMCA offers an education enhancement program
which is designed to serve children from kindergarten through fifth grade. It provides youth with structured
afterschool opportunities to do homework, engage in group discussions, participate in sports, and attend
cultural events. Although so many after school child care programs elsewhere have had difficulty holding the
attention of boys and girls beyond the fourth grade, the YMCA keeps the older children involved by offering
activities which target their interest and are age-appropriate.
Monday through Friday the children are picked up after school by the YMCA staff and transported to
one of four nearby locations, where they are given a light snack. From 3:00 to 4:00 P.M., the children do
their homework under the guidance of the YMCA staff. Group and one -on- one tutoring are provided for
children having trouble with assignments. Serious difficulties with school work are reported to the parent(s).
The YMCA staff works closely with the child's teacher and parents when providing any additional help. At
4:00 the children participate in 2 45 minutes enrichment activities. As with any YMCA program, the YMCA
School Age Curriculum is centered on the YMCA mission and program objectives. The YMCA mission is to
put Christian principles into practice through programs that build a healthy spirit, mind, and body for all. Y
programs, such as school age child care, are the tools YMCAs use to help participants experience the
YMCA mission. In school-age programs, mission activities look like this: Spirit refers to self-esteem and
willingness to help others and the activities that develop these qualities. It also includes a sense of fun and a
climate of positive energy. YMCA activities include building strong inter -personal relationship skills, conflict
resolution skills, and opportunities for success regardless of ability. Mind refers to learning and to activities
that promote learning. YMCA activities include and encourage solving problems, using school -gathered
knowledge, and having high expectations each time an activity is undertaken. Body refers to health and
wellness and the activities that promote these qualities. YMCA activities include and encourage physical
fitness and active games. The components of the school-age curriculum are character development, health
and fitness, homework support, literacy, technology, social competence, and conflict resolution.
Character development - In today's challenging and complex world, children need reinforcement of
positive values even when they are away from home. YMCA school-age child care programs take character
development seriously by incorporating the values of caring, honesty, respect, and responsibility into play,
learning, and social activities. Through consistent teaching, modeling, reinforcement, and practice, staff help
children demonstrate and accept positive values.
Health, Wellness and Fitness - Building strong bodies is a part of the YMCA's history. Strong
bodies live longer. Strong bodies are healthy and have organs that work better. YMCA school-age staff work
closely with fitness staff to help design a program where children fully participate in health, wellness, and
physical activities. This discipline is a powerful character building tool that builds an ethic of hard work and
goal setting. Young bodies develop better when good health habits and physical activity are a regular part of
daily life.
Homework Support- In YMCA homework centers, the program staff provides a time, place and
support to help children complete homework. A strong program also provides resource -rich environments,
introduces activities that build on what children learn in the school day, and if needed, may even provide
tutoring and other support services.
Literacy - a core component in the YMCA afterschool learning is just one way the YMCAs can help
support a child's success in school without extending the school days with academic activities. Literacy
includes reading, writing, speaking, gathering information, using information, thinking critically, understanding
others, and expressing oneself.
Social Competence and Conflict Resolution - Afterschool programs are a place where children
feel safe, understood, respected and secure. When these basic requirements for healthy living and
socializing are missing in a person's life, learning rarely takes place. Social competence and conflict
resolution curriculum activities, when used regularly, helps make YMCA programs emotionally and socially
comfortable places to be. In school-age programs, staff help educate children in understanding natural and
logical consequences and encourage them to accept responsibility for their behaviors. They guide activities,
giving children strategies for dealing with conflict when it comes their way, and help them develop socially
acceptable ways of interacting with one another.
The requested CDBG funding would help pay Child Care fees to enable children from low -moderate income
families to enjoy the benefits of a safe, quality, affordable and fun place to be during their parent's working
hours. Activities are planned and supervised, by caring YMCA trained staff. Program hours are from 6:30
AM — 6:30 PM Monday —Friday.
CDBG funding will go directly to program fees. Each family receiving assistance is required to complete a
financial assistance application with all necessary documentation (including proof of residence in the City of
Diamond Bar) and is required to pay partial fees, contributing to a sense of pride and responsibility in
providing care for their children.
PRESCHOOL — Ages 2-5
The YMCA offers a wonderful place where your child can learn and grow in a safe and nurturing
environment. The programs are operated on an experiential learning philosophy - children learn by doing.
The theme -based curriculum includes skill building for kindergarten readiness through a literacy -based circle
time, arts, dramatic play, math concepts, building blocks, games, and physical play. The children learn
positive social skills through a program and staff that teaches and demonstrates the values of honesty,
responsibility, caring and respect. Our preschool programs encourage family involvement through special
events, newsletters, parent advisory committees and volunteers in the classrooms. The goal of the YMCA
Preschool is to give children a balanced experience that develops social emotional and intellectual skills.
The goal of the YMCA Preschool is to give children a balanced experience that develops social, emotional,
physical and intellectual skills. The objectives of the YMCA preschool are as follows:
Learning to follow simple instruction
Learning to communicate with children & teachers
Large and small muscle development
Hand -eye coordination
Using various art materials
Music for an understanding of rhythm and song
Vocabulary building with stories, pictures and records
Outside play
Alphabet study for visual recognition and phonics
Number recognition and application
Color and shape recognition
Day Camp
What makes YMCA Day Camping different? 4 Words: honesty, respect, caring and responsibility. Every
camper will be involved every day in character development activities appropriate to his/her age. At a time
when our society shows great concern for the modern family and the development of values and character in
our children, YMCA day camping stands, as it has for more than 100 years, as a place to address these
issues. Your child can learn to play sports or do arts and crafts anywhere, but at YMCA Day Camp, in
addition to teaching skills, we work with children to clarify values which will last a lifetime.
KINDER CAMP
Want something for your children to do this summer? Register now in Kinder Camp where they will enjoy
exciting, fun adventure. Each week there will be special topics to explore using cooking, music, science,
crafts and your child's own imagination. Kinder Camp is ideal for developing new friendships, discovering
and strengthening physical capabilities, exploring nature and the environment, and learning cooperation and
teamwork
FUN CAMP
This is the traditionally terrific "Y" day camp that so many kids in our community know and love. A full day
program for children completing the 15' through 4t' grade. We place emphasis on safety and fun as our
trained staff leads your child through a balance of activities. Our activities will include arts and crafts, music,
aerobics, racquetball, swimming, games, and many other fun activities.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
Citywide in the City of Diamond Bar,
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: 33 clients 1,081 clients' contacts
Diamond Bar clients assisted which meet the low/moderate income requirements: 100%
Diamond Bar clients expected to be assisted in new project year: 30 beneficiaries — 1100 client's
contacts
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Boys and girls ages 2years, 9 months to 13 years old -from families who are low income ($11,441 to
$19,300) to moderate income ($19,301 to $30, 850).
Is your organization familiar with the CDBG electronic client data requirement? Yes
Is your organization familiar with the CDBG reporting requirements? Yes
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested to
be used for. Include all other sources of funding and the total budget of the organization.
11; lam..... B...J....4 oni n
v111 .,al a �„oy.,.
Revenue
Child Care
-Day Camp
Total
Grants
13,000
$10,000
$23,000
Program Fees
469,390
$118,750
$588,140
Financial Assistance
29,500
8,500
38,000
Total
Revenue
452,890
$120,250
$573,140
Expenses
Salaries
195,132
60,243
241,375
Health Insurance/Retirement
21,659
9,215
29,195
Payroll TaxesNVorkers Comp
35,123
10,843
35,612
Data Processing/Accounting
14,000
5,000
19,000
Supplies
25,435
6,000
31,435
Telephone
6,000
500
6,500
Postage
1,400
300
1,700
License and Permits
3,800
350
4,150
Occupancy/Rent
38,400
1,000
39,400
Equipment Maintenance
8,500
1,200
9,700
Insurance
39,500
11,000
50,500
Program Advertising/Promotion
Media
2,500
500
3,000
Food Cost-
Progra mf rra n s portatio n
28,500
15,000
43,500
Training Expense
2,000
14,800
16,800
Membership dues
500
1,500
2,000
Total
Expenses
$422,449
137,451
559,900
I hereby certify that if funds are granted to our organization they will be used to benefit low and low/moderate
income residents of the City of Diamond Bar. We understand that the formal agreement with the City will
define other reporting provisions and federally required assurances.
Signature:
Title:
Date: ti
YMCA OF POMONA VALLEY
2014 BUDGET
REVENUE
Contributions & Grants
50000
Annual Support
55000
Special Events
20000
Contract Revenue
369780
Membership Dues
325974
Program Revenue
1201909
Total
2022663
EXPENSES
Salaries
1109797
Employee Benefits
99375
Payroll Taxes
190395
Property Taxes
3300
Contract Services
97050
Supplies
100246
Telephone
22902
Postage
4860
Care of Buildings
14100
Utilities
104130
Printing
22710
Transportation
23970
Conferences & Training
11170
Marketing
7780
National Dues
16791
Program Expense
19928
Equipment
16000
Miscellaneous
2364
Rent
102750
Insurance
52980
Total
2022598
Net 65
CITY OF DIAMOND BAR
D1�1�I0.�D BgICCOMMUNITY DEVELOPMENT BLOCK
:YREQUEST FOR.•.s
2015-2016 PROGRAM
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 7, 2014 4:00 p.m.
APPLICATION SUMMARY
Organization: City of Diamond Bar
Project Home Amount $100,000
Name: Improvement Requested:
Location of 21810 Copley Drive
Project:
Funds would be Provide grants and/or deferred loans to eligible low and moderate income
used to: homeowners for necessary improvements as well as to mitigate building and
safetv code violations.
GENERAL INFORMATION
Organization
Address: 21810 Copley Drive City
Telephone/Fax E-mail
Number: (909) 839-7080 Address:
Contact Person/Title: City Staff
Diamond Bar
Maria.TorresCasteneda @DiamondBarCA.Gov
Officials authorized to represent organization and expend funds:
Name:
Name:
Federal LD Number/Non- N/A
Profit Status:
Title:
Title:
This application is X Project. (Check).
proposing a new existing
Has the project received past funding from the City Yes
of Diamond Bar?
If yes, please identify the year/amount and $100,000 CDBG (2014/2015)
source of funding:
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
The objective of the Home Improvement Program is to provide grants and loansto assist low- and
moderate -income residential owner/occupants in maintaining the City's existing residential neighborhoods
through home rehabilitation.
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
The purpose of the Home Improvement Program is to preserve and enhance single family residential
neighborhoods throughout the City; to provide grants and loans to eligible homeowners of single family
detached dwellings for the preservation of safe, decent and sanitary housing; correct hazardous
structural conditions; to make modifications necessary to provide ADA' access to dwellings; to improve
the overall exterior appearance of the home; to eliminate blight; and correct exterior code violations
through the provision of grants and loans.
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
Housing Rehab to eliminate blight and maintain affordable housing stock for low and moderate income
residents
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
Citywide
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in
previous year:
10
Diamond Bar clients assisted which meet the low/moderate
income requirements:
Diamond Bar clients expected to be assisted in
new project year:
110]
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Is your organization familiar with the CDBG electronic client yes
data requirements?
Is your organization familiar with the CDBG
reporting requirements?
FINANCIAL INFORMATION
yes
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include all other sources of funding and the total budget of the organization.
Proposed HIP Budget (1S-16)
$100,000
Estimated Construction Cost
$75,900
Construction Contingency
$2,000
Lead/Asbestos Testing Costs
$1,500
Title Report Fees
$600
Rehabilitation Administration
$20,000
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required assurances.
Signature:
Title: Principal
Date: 11/6/2014
Agenda # g , 1
Meeting Date Dec. 16, 2014
CITY COUNCIL AGENDA REPORT
��ORPO&Sl�l
'98q�
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana er
TITLE: City Council Appointments
RECOMMENDATION:
Appoint and Adopt.
FINANCIAL SUMMARY:
No Fiscal Impact.
BACKGROUND:
On a yearly basis following the reorganization of the City Council, the newly selected
Mayor has the opportunity to appoint Council Members to serve as delegates and
alternates to the local and regional organizations of which the City is a member. In
addition, the City Council has created various standing committees and ad-hoc
committees which require appointments.
Pursuant to the bylaws of the San Gabriel Valley Council of Governments, a resolution
must be adopted to formalize the new appointments. Resolution No. 2014 -XX is
attached, confirming the appointments.
PRRPARED BY:
Tommyd Cribbins, City Clerk
Attachment: Organization list
Resolution No. 2014 -XX
REVIEWED BY:
Ryan M L .an, Deputy City Manager
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A. RECITALS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley
Council of Governments Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley
Council of Governments requires each member city to appoint a Delegate
Government Board Representative and an Alternate Governing Board
Representative to represent the City in conducting the affairs of the San Gabriel
Valley Council of Governments; and
WHEREAS, has been designated to serve as
the "delegate" from the City to serve as the Governing Board Representative with
the San Gabriel Valley Council of Governments; and
WHEREAS,
as the "alternate" Governing
Council of Governments.
B. RESOLUTION.
has been designated to serve
Board Representative to the San Gabriel Valley
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Diamond Bar appoints
the Governing
to serve as the City of Diamond Bar's delegate to
Board of the San Gabriel Valley Council of Governments.
SECTION 2. That the City Council of the City of Diamond Bar appoints
to serve as the City of Diamond Bar's alternate
delegate to the Governing Board of the San Gabriel Valley Council of
Governments.
SECTION 3. That the individuals designated in this resolution serve until
replaced by resolution or until they become ineligible pursuant to the terms of the
Joint Powers Agreement of the San Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of this
resolution.
SECTION 5. That a certified copy of the resolution be circulated to the
San Gabriel Valley Council of Governments.
PASSED, APPROVED AND ADOPTED THIS 16th Day of December, 2014.
Steve Tye, 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 the 16th
day of December, 2014, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
CITY COUNCIL APPOINTMENTS
Effective
COMMITTEE
California Contract Cities Association
DELEGATE/ALTERNATE
(Board ofDirectors membership— LCCA bylaws specify that voting delegate and alternate needs to be any
City elected official)
Sam Olivito, Exec. Dir., 11027 Downey Ave., Downey, CA 90241, 562-622-5533, FAX 562-622-
9555.
Meets 316 Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various
restaurant locations of host City. Reservations required.
Foothill Transit Board
(Board of Directors membership —Delegate and alternate must be elected officials)
Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West Covina, CA 91790,
626-931-7300, FAX 626-915-1143
Meets 4th Friday of each month at 8:00 a.m. at above address.
Four -Corners Transportation Policy Group Unchanged
Carol Herrera, City of Diamond Bar, Chairman - Meets as needed.
Greater Los Angeles County Vector Control District
(Appointment of Trustee — does not have to be an elected official. Appointment is for 2 -year term)
12545 Florence Ave., Santa Fe Springs, CA 90670, 562-944-9656, FAX 562-944-7976
Meets 2nd Thursday at address above at 7:00 p.m.
Joint Powers Insurance Authority
(Board ofDirectors membership—Delegate must be any elected official appointed by the Mayor. Alternate
may be elected official or staff member)
Jon Shull, Executive Director, 8081 Moody St., La Palma, CA 90623, 800-229-2343, FAX 562-
860-4992
General Board Committee meets annually each July - location to be announced.
Rev. December 10, 2014
L.A. County Sanitation District No. 21
(Board of Directors Membership—Mayor is automatically delegate per Health & Safety Code Sec. 4730.1.
Alternate is required to be an elected official whose appointment is confirmed by City Council action)
Grace Chan, Chief Engineer & General Manager, 1955 Workman Mill Rd., Whittier CA
90607-4998
Mailing: P.O. Box 4998, Whittier, CA 90607-4998, 562-699-7411 x1500, FAX 562-908-4255
Meets 4t" Wednesday of each month at 1:30 p.m. at District Office.
L.A. County City Selection Committee
(Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate and
Alternate, respectively)
Sachi A. Hamai, Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration,
Room 383, 500 W. Temple St., Los Angeles, CA 90012, 213-974-1401, FAX 213-620-0636
Meets: After the League of California Cities L.A. County. Division Meeting - (Approx. 8:30 p.m.)
League of California Cities - L.A. County Division
(Board of Directors membership —Delegate and alternate must be elected officials. Mayor does not have to
be appointed)
Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626-786-5142, FAX 626-301-0387
Meets 15tThursday of each month at 6:30 p.m. at various locations.
San Gabriel Valley Council of Governments
(Board of Directors membership — Delegate and alternate must be elected officials. Adoption of a
resolution confirming the appointment is usually made at the next City Council meeting)
Andrea Miller, Executive Director, 1000 S. Fremont Ave., Unit 42, Building A-10, Suite 10210,
Alhambra, CA 91803, 626-457-1800, FAX 626-457-1285
Meets 3rd Thursday of each month at 6:00 p.m. at various locations. Executive Session 5:00 p.m.
Southern California Association of Governments (SCAG)
(Board of Directors membership — Delegate and alternate must be elected officials but there is no
requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on
appointment as delegate or alternate by the City)
Main Office, 818 W. 7th St., 12th Floor, Los Angeles, CA 90017, 213-236-1800, FAX 213-236
1825
Rev. December 10, 2014
General Assembly meets annually each March - location to be announced.
Tres Hermanos Conservation Authority
c/o City of Chino Hills, Konradt Bartlarn, Executive Director
Wildlife Corridor Conservation Authority (WCCA)
(Board of Directors Membership — Council may appoint anyone)
Joseph Edmiston, Executive Director, Contact Judi Tamasi
5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230 x121, FAX 310-589-3237
Wildlife Corridor Conservation Authority Advisory
Appointed by Council for 2 years. Terms expire — Stephen Davis/David De Mers
July 2010 — terms expire in July of even numbered years).
CITY COUNCIL STANDING COMMITTEES
Economic Development (Meets quarterly)
Neighborhood Improvement (Meets quarterly)
Public Safety Committee (Mayor and Mayor Pro Tem meets quarterly)
CITY COUNCIL AD HOC COMMITTEES
(Meet as Needed)
City Council Goals/City Manager Evaluation
Industry East Development Advisory Committee
Legislative
LLAD Council Sub -Committee
Sphere of Influence/Annexation
CITY COUNCIL LIAISON
Chamber of Commerce
D.B. Community Foundation
Library
PUSD/City
Senior Citizen
WVUSD/City
Rev. December 10, 2014
De Mers
TO: CITY CLERK
FROM:
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expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
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I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and address as written above.
Signature
This document is a public record subject to disclosure under the Public Records Act.