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HomeMy WebLinkAbout09/18/2007JAM Tuesday, September 18, 2007 5:00 p.m. — Closed Session CC -8 5:30 p.m. —Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor ProTem Jack Tanaka Council Member We Chang Council Member Ron Everett Council Member Carol Herrera City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 9990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON CHANNEL; 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED, THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 18, 2007 Next Resolution No. 2007-58 Next Ordinance No. 07(2007) CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda 111Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: 5:30 p.m., Room CC -8 Presentation by the Regional Chamber of Commerce regarding Current and Future Activity. 110. Proposed Business License Ordinance and Fees — Review Draft Documents and Direct Staff as Appropriate. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming September, 2007 as "County of Los Angeles National Preparedness Month". September 18, 2007 PAGE 2 NEW BUSINESS OF THE MONTH: 1.2 Presentation of City Plaque to Greg Chiang, owner of Eden Garden Center, 21168 Golden Springs Drive as New Business of the Month, September, 2007. 1.3 Presentation by Rick Meza from Edison regarding the recent power outages. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five- minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may brief) respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — September 25, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — September 27, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 City Council Meeting — October 2, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of September 4, 2007 — Approve as submitted. 6.2 Planning Commission Minutes - Regular Meeting of August 14, 2007 — Receive and File. 6.3 Ratification of Check Register — Ratification of Check Register dated August 30, 2007 through September 12, 2007 totaling $1,748,850.43. Requested by: Finance Department September 18, 2007 PAGE 3 6.4 Notice of Completion for the Washington Street Cul -De -Sac Improvement Project. Recommended Action: Receive and File. Requested by: Public Works Department 6.5 Authorization to Enter into a Contract with Keyser Marston Associates to Prepare a City -Wide Economic Development Strategy for an Amount Not to Exceed $50,000. Recommended Action: Authorize. Requested by: City Manager 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: 0 Set Agenda # Study Session 2 Meeting Date: September 18, 2007 CITY COUNCILill AGENDA REPORT \NCnRPOR�� TO: Honorable Mayor and Members sof the City Council VIA: James DeStefano, City Man4geJ' TITLE: Proposed Business License Ordi ance and Fees for Discussion RECOMMENDATION: Receive a presentation from staff, provide comments and direct staff as appropriate. BACKGROUND: On June 19, 2007, the City Council held a study session on the proposal to enact an "in house" business license program. The City Council agreed with staff's assessment that the Los Angeles County business license program is complex and costly, with duplication of public hearings. The Council agreed that a City run business license program would be more convenient, less costly and provide efficient service to our business community. The Council directed staff to prepare a draft business license ordinance and the appropriate full -cost recovery fees for Council review at a study session. Attached for Council reference is a copy of the June 19, 2007 Study Session report and minutes. DRAFT BUSINESS LICENSE ORDINANCE: Currently, the City has contracted with Los Angeles County to administer the business license program and adopted the County business license ordinance as part of the City's Municipal Code (Title 5). In May 2005, City Council amended Title 5 Business License to include a business registration section; the program was launched in July 2005 and implemented for two years. The new business license will be based on the existing business registration program; however, pertinent processing procedures and regulations for specific businesses will be added, tailored to the City's requirements and circumstances. Simply put, the existing Title 5 Business License will be repealed and a new one will be adopted. A. Who needs a Business License? Similar to business registration, every business with a physical location in the City and any business that does business in the city is required to obtain a business license. • Home business: When the homeowner has an active permit or license (e.g. seller permit) issued by a governmental agency to his or her home address, then the homeowner is operating a business. Therefore, a business license and a home base business permit are required. A person taking work home does not constitute a business. • Professionals such as real estate or insurance brokers and agents, or stockbrokers and agents, etc. If the agent or broker that does business in the City is affiliated with a company or corporation which has a business location inside or outside the City, the agent/broker will not need to obtain an individual business license, as long as the company obtains a license. If the agent or broker is independent and not affiliated with a company that possesses a business license, the agent or broker must obtain a business license. • Persons who work in beauty parlors, salons and similar businesses, whether they are considered employees or independent contractors (i.e. they rent a station in the premises) need not obtain a separate license as long as the business has a license. However massage or acupressure technicians may have to obtain an individual business license. • Craft and hobbies: According to Franchise Tax Board, if a person is engaged in selling activity for more then 3 times within a 12 -month period, then a seller's permit is required. A seller permit would indicate a business and, hence, a business license is required. Sale tax identification number, employer identification number, business locations are relevant data that show business activities. The data is broad, fair and does not give special privileges to any one business type. B. The General Components of the Draft Business License Ordinance. As mentioned above, the draft business license is based on the current business registration program. The purpose of the business license is not designed to raise revenue or to substitute for land use regulations. Rather, the purpose is to establish a regulatory mechanism whereby the City may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the city for statistical purposes, economic development, and to assist in zoning compliance. A copy of the draft business license ordinance is an attachment to the report. The following paragraphs summarize the general provisions of the business license ordinance. 1. General provisions: As compared with the existing registration ordinance, there are minor changes to the definitions, the requirement to have a business license and pay a fee, the general application procedures, the content of the business license application and the business license sections. Language is added to clarify what businesses are exempt from the license fee but still required to have a license. The section on annual renewal is expanded to clarify the time required for K business license renewal and that the lapse of a business license will trigger the payment for delinquent fees. Further, new provisions are added to clarify when a change or transfer of a business requires a new business license. The purpose of this section is to ensure that the City obtains the most up to date and accurate information about a business in collecting business data. 2. Delinquent fees and action to collect: At the June 19, 2007 study session, staff noted that the current business registration program requires a doubling of fees for each thirty day -period that a business operator fails to obtain a license or renewal. Staff illustrated that a year of non-compliance with the current $10 fee could mean thousands of dollars in delinquent penalty fees, which is not the intent of the program. With the draft business license, language is added to clarify that the delinquent fees for a new or required annual renewal will be capped at $500. 3. Enforcement: The various sections on enforcement, such as authority to enforce and entry to inspect, violations, withholding business license and remedies, cumulatively are the same as in the business registration program. 4. Insurance and bond requirements: As recommended by the City Attorney, a new section is added whereby a licensee that is required by law to procure, post or maintain in effect any surety bond or policy of insurance, the issued business license is good only if such surety and policy of insurance is in full force and effect. The purpose of this section is to protect the City from liability. C. Regulations for Specific Businesses. Some businesses that are required to obtain a business license also need a conditional use permit or other discretionary land use permit issued by the City. Land use permits are intended to address the suitability of the business in the proposed location, with reference to the zoning, compatibility with the neighborhood, availability of parking, signage, design considerations and similar concerns. Land use permits "run with the land" and are not personal to the applicants. Business licensing, on the other hand, focuses on the identity of the owners and managers, and their qualifications for operating a business without creating law enforcement issues. Business licenses are personal and they apply only to the applicants and may not be transferred. The purpose of a regulatory business license is to add additional controls to the proposed business use and/or business operator. The businesses may have characteristics that create special land use or law enforcement impacts (i.e., noise, traffic, criminal behavior, operational hours, or other characteristics), which require further investigation and operational conditions. These businesses generally necessitate investigation by the Building and Safety Division, Fire Department, Health Department, Planning Division and/or Sheriffs Department. Field inspections may be required as well as criminal background investigations. 1. Specific businesses that require investigation: Staff reviewed the list of specific land uses in the Development Code and determined that the following 14 types of businesses should have additional investigation before the issuance of a business 3 license (in contrast with the County Code, that Iists150 business types, most inapplicable to the City): a. Acupressure and acupressure technicians (CUP) b. Adult Businesses (adult oriented business CUP permit) c. Alcoholic Beverage sale, off-site and on-site consumption (CUP/MCUP) d. Bars and nightclubs (CUP) e. Computer services/network gaming center (CUP) f. Entertainment Establishments (CUP) g. Firearms Dealers h. Indoor amusement/entertainment facilities (CUP) i. Massage establishments (CUP) and massage technicians j. Nightclubs (CUP) k. Second hand dealers I. Peddling -Solicitation m. Psychic reading n. Tow trucks and towing companies 2. The intent of the additional regulations for the specific businesses: As mentioned previously in the report, the City incorporated the Los Angeles County Business license ordinance as part of City's Municipal Code (Title 5), which includes existing provisions that regulate the above businesses. Specific businesses such as entertainment establishments, massage establishments, nightclubs, tow trucks and firearm dealers have extensive regulations. The regulations have been simplified and the provisions are modified to fit the needs of the City. The extensive regulations for these few businesses are needed to ensure their business activities are lawful and that the business activities would not have a threat to the health, safety and welfare of the community. If these businesses are located in Diamond Bar, they would already have complied with the provisions at the time they obtained a County business license. Therefore, the adoption of the proposed new regulations for these businesses would not affect them; rather it would have a positive effect. This is because it would be convenient for them to renew their business license with the City. Further, the proposed ordinance eliminates the requirement for a hearing for issuance of a license; hence unlike the County ordinance, an additional hearing would not be required and the cost for renewal would be cheaper. 3. Procedures for Regulating Specific Businesses: Because of new regulations for the above specific businesses, new procedures are set up to address the following areas. a. Require pertinent additional information for processing the business license application b. Require a investigation prior to issuance of a business license C. Review and approval d. Establish grounds of denial of business license. e. Effects of business license denial 11 f. Establish a right to impose conditions of approval with the Council having the authority to change, modify or eliminate conditions if the reasons for the imposition of such conditions have been cured or no longer exist. g. Establish provisions where the City Council has the authority to modify, suspend, or revoke a business license. h. Establish provisions for appeal and hearing process for City's decision to approve, deny or condition a business license. D. Proposed Fees Fees associated with a regulatory business license program do not require voter approval. Processing fees are typically based upon the philosophy of full cost recovery. At the June 19, 2007 Study Session, the consensus of the Council was for full cost recovery fees to administer the business license program. 1. Fees for business license: Initial license $53.50 Renewal fee $22 The current business registration fee is $10 initial business registration and $10 for a renewal. 2. Delinquent fees: Capped at $500. 3. Fees for specific businesses with investigations: A regulatory business license program necessitates higher fees for businesses that require investigation. These businesses generally necessitate investigation by the Planning Division, Building and Safety Division, County Fire Department, Health Department, and/or Sheriff's Department. Field inspections may be required as well as criminal background investigations. The reasons for the necessary investigations would be to ensure that the business operator does not have criminal background and that the business operation would not create nuisance problems such as increase noise or law enforcement impacts. Typically, the fees will reimburse the City for the cost to investigate the proposed business operator. As presented to the Council at the June 19, 2007 study session, the estimated full cost recovery for businesses that require investigation is $278.68. The cost is based on background check for one person. Staff has rounded it up to flat fee of $300 per person background check. By doing so, a business that requires a background check of the licensee and the manager (two persons) would cost $600. Business types that may require more than one person background check include entertainment, massage establishments, adult businesses, bars and nightclubs. The following table compares business license fees from Los Angeles County and the fees from the City for the specific businesses: :7 Uses LA County Fees DB Fees Initial Renewal Initial ** Renewal Adult Business $1,836 - $2,228 $1,552 - $1,712 $300 $22 Acupressure/Massage Establishment $2,254-$2,268 $231-$354 $300 $22 Acupressure/Massage Technician $252-$317 $208-$354 $300 $22 Alcohol Beverage Sales off-site & on-site $361 -$424 $223-$252 $300 $22 Bars (non restaurant) $424 $223 $300 $22 Entertainment Establishment $1,981 $406 $300 $22 Firearm Dealer $739 $279 $300 $22 Nightclubs $1,981 $406 $300 $22 Secondhand Store $343 $232 $300 $22 Peddler Solicitor $168 $175 $131 $131 $300 $22 Tow Trucks $168 $131 $300 $22 ** Note: Flat fee of $300 per person background check. E. Penalties and Enforcement for not Obtaining a Business License The City's Municipal Code currently indicates any person violating any business license provision is guilty of a misdemeanor, which is punishable by fine, or imprisonment in the County jail for a period not exceeding six months, or both. F. Implementation Staff has been implementing the business registration program the past two years. Staff believes that the various responsibilities and duties of the new business license will be absorbed by existing staff members. M CONCLUSION With the implementation of the new business license program, the business community will find Diamond Bar process is easier, faster and less expensive. P`repared'',By Nan Fong, AICP Commur*v, Development Director Attachment 1. Draft Business License Ordinance 2. Proposed Fee Resolution 3. June 19, 2007, Study Session Report and Minutes 7 t ORDINANCE NO. XX 2007 AN ORDINANCE OF TILE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE BY REPEALING TITLE 5 OF THE DIAMOND BAR MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 5 ESTABLISHING A BUSINESS LICENSING PROGRAM The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Title 5 of the Diamond Bar Municipal Code is repealed in its entirety and replaced by adding thereto a new Title 5 to read as follows: Title 5 Business Licensing Chapter 5.00. Business Licenses Generally Section 5.00.10. Definitions. The following words, terms and phrases, when used in this Title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who has applied for, but not obtained, a business license, or renewal required by this Title. Application means a written request made to the City by the applicant for a business license or renewal required by this Title. Business means any employment, avocation, occupation, profession, trade, calling, lawful game, show, exhibition, event, venture, 'fund-raising activity, commercial enterprise, company, corporation, joint enterprise, place of business, partnership or other activity or enterprise engaged in for gain, profit, benefit, advantage, or livelihood, whether or not a gain, profit, benefit, advantage or livelihood is earned by such business. Branch Establishment means a location where a business is conducted in addition to its main or fixed place of business. Business License means a license issued pursuant to this Title by which each business owner having a business or is doing business in the City is required to provide general information to the City prior to conducting business in the City. City means the City of Diamond Bar. Director means the Director of Community Development Home Based Business means a business conducted within a single-family residential dwelling unit or residential site, employing occupants of the dwelling unit, with the business activity being subordinate to the residential use of the property. Person means and includes any business owner, individual, firm, co -partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit. Premises means all lands, structures, places and also the personal property, equipment and appurtenances connected or used in any business. Section 5.00.20. Purpose. The purpose of this Chapter is to establish a regulatory mechanism whereby the City may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the City for statistical purposes and to assist in zoning compliance. The business license program is not designed to raise revenue, nor is it a substitute for land use regulations. Section 5.00.30. Business License and Fee Required. a. Business License. No person shall conduct any business in the City without first having obtained a business license, paid the applicable business license fee and complied with any and all applicable provisions of this Code. 2. A separate business license shall be obtained for each business location and for each separate type of business at the same location. 3. A home based business shall be required to obtain a business license prior to conducting business within a residential dwelling unit or on residential property. 4. Except as otherwise provided in this Title, an employee of a business that has obtained a valid Diamond Bar Business License is not required to obtain a separate business license. 5. A business license shall not be issued to a business that requires training or state licensing for the business owner, or for each technician or employee, until satisfactory proof of training or licensing is provided to the City. These businesses include without limitation, barbers, cosmetologists, estheticians and manicurists. 6. A business license shall not be issued to a business that requires Workers' Compensation Insurance until satisfactory proof of having Workers' Compensation Insurance is provided to the 2 City. b. Pee Required. Every person engaging in business in the City shall pay a business license fee as prescribed by resolution adopted by the City Council. 2. When a business license fee is imposed upon any business pursuant to this Title and such business is conducted at one or more fixed places of business and one or more branch establishments, the fee shall be computed as if each fixed place of business and branch establishment are separate and independent. 3. The business license fee is not a revenue raising device, but shall bear a reasonable relationship to the service to be performed by the City and the costs incurred by the City in reviewing, processing and action upon the application. 4. The City Council shall, from time to time, review the resolution fixing the business license fee and shall revoke, modify, adjust, add or determine any amount or rate of such business license fee. C. The following businesses are exempt from paying the business license fee upon satisfactory proof that the business meets the requirements for the exemption: 1. Non-profit and charitable organizations; 2. Businesses exempt from paying fees under the Constitution of the United States or the State of California, or under the laws of the State of California. d. Evidence of doing business. When a person by use of signs, circulars, cards, telephone book, or newspapers, advertises, hold outs, or represents that such person is conducting business in the city, or when an person holds an active license or permit issued by a government agency indicting that such person is in business in the City, then these facts shall be considered prima facie evidence that such person is conducting a business in the City. Section 5.00.40. General Application Procedures. a. Applications for a business license shall be filed with the City and shall comply with the following requirements: 3 Completion of an application on the form designated by the City and signed by the applicant under penalty of perjury; 2. Applications shall be filed a minimum of thirty days prior to the date requested for issuance of the permit; 3. Payment of a fee; and 4. Such other information as may be required by the City. b. Except as otherwise provided in Chapters 5.04 and 5.08 of this Title, the City shall process the application and issue a business license upon receipt of a completed application and any fee required. The application may be reviewed by the Department of Finance, Community Development and other City departments or governmental agencies to determine if the business operations and premise to be occupied meet the requirements of federal, state, and/or local laws. c. Contents of General Business License Application 1. Each business license application shall contain the following: A. Business name; B. Business address; C. Permanent Mailing address of the applicant; D. Phone number; E. Fax number; F. Employer I.D. Number (or Social Security number); G. State resale permit; H. State employer I.D. number; 1. State contractors/business and profession license number (if applicable); L Description of the business being conducted; K. Days and hours of operation: L. Start date; M. Type of ownership; N. Owners or principal officers; O. Description of all vehicles and mechanical equipment owned by or under the control of the business; P. Business license number (in the case of a renewal application); Q. Business license fee paid; R. Health permit number (if applicable); S. Workers' Compensation Insurance Policy number, date and date of expiration (if applicable); T. Proof of any other required county, state or federal training and/or license or permit; and 4 U. Such other information as may be required by the application form or requested by the City for enforcement and administration of this Chapter. Section 5.00.50. Contents of a Business license. a. Upon the payment for a business license and pursuant to any applicable provisions of Chapters 5.04 and 5.08 of this Code, the City shall issue a Business license to the applicant which shall contain the following: 1. Type of business; I Name of business; 3. Business location; 4. Business owner; 5. Expiration date; 6. Business license number; 7. Amount of fee paid for business license; and 8. Such other information as deemed necessary by the City. Section 5.00.60. Annual Renewal of a Business License a. Except as otherwise provided in this Title, when an applicant submits a timely business license renewal application and pays the renewal processing fee as set by resolution of the City Council, the City shall renew the license, to be effective upon the expiration of the old license. In the case of a business activity having a fixed location, application for a license for a different location is not a renewal and shall be deemed a new license application. b. Renewal Application Deadlines. Every person desiring to continue in business after the expiration of the license period shall file a renewal application and pay the required renewal fee not less than thirty days prior to the expiration of the license period. C. Late Applications - Renewal applications submitted after the application deadline are subject to the delinquency fees set forth in Section 5.00.070. Late renewal applications will not be processed until the applicant has paid all required fees. Section 5.00.70. Delinquent Business License Fee and Action to Collect a. Delinquency Fees. Any person engaging in business in the City who faits to pay the appropriate business license fee shall be subject to the following: 5 t 1. Applications for a business license that are not accompanied by the required business license fee or any delinquency fees that have accrued will not be processed until such fees have been paid in full. 2. For person's conducting business without having obtained a business license, the city shall double the required fee for each consecutive 30 -day interval that the business was conducted without a license calculated from the first day the person engaged in the business. 3. For failure to pay the annual renewal fee when due, the city shall double the renewal fee on the day following the last day of each consecutive 30 -day interval following the due date while the fee remains unpaid provided that the total amount of fee and the late fee combined shall not exceed $500. b. Action to collect. Should legal action be required to collect any delinquency fee, an additional amount shall be charged equal to the cost incurred by the city in collection of the fee, including attorney fees. Section 5.00.80. Temporary license Pending the approval of a business license following approval of a CUP for the premises pursuant to Chapter 22.58 of this Code the Director may approve a no -fee temporary license for a period not to exceed three months if there is no record of problems caused by the business or outstanding violations of this Code or any other law related to the business. Such temporary license shall be cancelled automatically and shall be invalid when the applicant's license has been issued or the application therefore has been denied. Section 5.00.90. Business License - Operative Date. a. Generally. The operative date for a new business license shall be the date of approval of the application. b. Renewals. The operative date for a business license renewal shall be the date following the date of expiration of the previous year's license. Section 5.00.100. Refunds. No business license fees or delinquency fees collected shall be refundable. 6 Section 5.00.110. Duplicate Business License Upon filing a statement indicating that a business license has been lost or destroyed, and after paying a replacement fee, a duplicate business license shall be issued by the City. Section 5.00.120. License Transfers and Changes. a. Transfers of Ownership. A new business license is required whenever there is a transfer in ownership of a business. The following transactions shall be considered transfers: 1. The addition or withdrawal of a new partner or partners; or 2. The transfer of a business from one partnership to another; or 3. The transfer of a business from a partnership to a corporation; or 4. The transfer of a business from one corporation to another; or 5. The transfer of a business from a corporation to a partnership; or 6. The transfer of a business from a corporation to an individual, or vice versa, unless the corporation and the individual are the same person; or 7. The transfer of a business from a partnership to an individual, or vice versa; or 8. The transfer of a majority share of stock in a corporation from one shareholder to another. b. Change of Name. A new business license is required whenever there is a change of name of a business. If there is no transfer of ownership or change in the nature or scope of business or in the business location and if the licensee operating wider the previous name had a valid business license at the time of the change of name, the new license shall be issued upon filing of a complete application and payment of all required fees. C. Change of Location. A new business license is required whenever there is a change in location of a business. 7 d. Change in Business. A new business license is required whenever there is a change in the nature or scope of the business. Section 5.00.130. Assignment of License Prohibited. The assignment of or attempt to assign any license issued pursuant to this Title is unlawful and any such assignment or attempt to assign a license shall render the license null and void. Section 5.00.140. Business License Fee Received by Mail. Whenever any payment, statement, report or other communication is received after a deadline prescribed by this Chapter, but is received in a sealed envelope with a postmark dated on or before such deadline, the City may regard such payment, report or other communication as having been received timely. Section 5.00.150. Posting and Keeping of Business License. a. Any person engaging in business at a fixed location or branch establishment in the City shall keep a business license posted in a conspicuous place upon the premises where the business is carried on. b. Any person engaging in business, but not operating at a fixed location or branch establishment in the City, shall be in possession of a business license at all times while engaged in such business in the City. Section 5.00.160. Authority to Enforce/Entry to Inspect. a. Authority to Enforce. The City shall have authority to enforce each of the provisions of this Title. The Los Angeles County Sheriffs Department and other City departments shall render assistance in the enforcement of this Title as may be necessary. The City Attorney is authorized to file a complaint against any persons found in violation of this Title. b. Entry to Inspect. The City, deputy sheriff, fire inspector, and other City officers empowered to enforce the provision of this Title, shall have the power and authority to enter into a business, free of charge and at any reasonable time, and required to see the business license posted in a conspicuous place upon the premises. Section 5.00.170. Insurance and Bond Requirements. a. License Validity and Grounds for Suspension. Whenever the provisions of this chapter require an applicant for any business license to procure, post or maintain in effect any surety or policy of insurance, any business license so issued is good only while such surety or policy of insurance is in full force D and effect. The license shall automatically be suspended without notice if at any time such surety or policy of insurance is not in full force and effect. The Director of Community Development shall notify the licensee in writing of any suspension, pursuant to this section and within ten days thereafter, the licensee may request in writing a hearing before the City Council. The City Council shall hold a public hearing in a manner consistent with Chapter 5.04, and as indicated by the evidence received at the hearing, may revoke the license or terminate the suspension and restore the license. If the licensee does not request a hearing, the license is automatically revoked at the end of ten days following the notification of suspension. b. Cancellation of Insurance. Except as otherwise provided, a policy of insurance required under this Title shall not be accepted unless it is not subject to cancellation or unless it provides that it shall not be canceled until thirty days after the insurer or surety gives notice thereof to the Director of Community Development. If a licensee teams that such a policy of insurance will be or has been canceled, such licensee shall notify the Director of Community Development within three days of such notice. If a new policy of insurance acceptable to the Director of Community Development is filed before the old one is canceled or expires, then the license will continue in full force. Any employee, officer or department informed of any change or cancellation of any insurance policy required under this Title shall immediately notify the Director of Community Development of such change or cancellation. C. Contents of Insurance Policy. In every instance where an insurance policy is required for the licensing of a particular business, such insurance shall fulfill the following requirements unless the City Council, upon application, notice and hearing, directs otherwise: 1. It shall be primary and not contributing to any other insurance maintained by the City; 2. It shall name the City of Diamond Bar, its City Council, and its officers, agents and employees as additional insureds; 3. Its liability limit shall be a minimum of one million ($1,000,000.00) dollars; 4. It shall bear a deductible in an amount satisfactory to the Director of Community Development; 5. It shall be provided by an insurer satisfactory to the City of Diamond Bar; and 0 t 6. It shall provide the Director with thirty days prior notice of any cancellation or modification of the policy. d. Indemnification. Whenever this Title requires that a business license applicant or licensee indemnify the City, the applicant or licensee shall be required to sign an indemnification statement that reads substantially as follows: It shall be a condition of each license issued under this section that the licensee agrees to indemnify, hold harmless, and defend the city and its Council and each member thereof, and every officer and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person and from costs and expenses of litigation, including attorney fees, by reason of injury to any person, including, but not limited to, officers and employees of the licensee, performed under and pursuant to such license or any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of any such licensee. Section 5.00.180. Violations. Any person violating this Title shall be guilty of a misdemeanor as provided in Section 1.04.010(a). The commencing or conducting of any such business without having first procured such license, or without having complied with any and all such requirements or provisions shall constitute a separate violation of this Code for each and every day that such business is so commenced or conducted. It is a violation of this Title to knowingly make a false statement in any application for a license or permit or in any report required under this Title. Section 5.00.190. Withholding a Business license. The City shall withhold a business license to engage in business from any person when there are pending violations of any City code against such person and/or business applying for a business license, or when a debt is owed to the City as a result of a violation of this Code. Section 5.00.200. Remedies Cumulative. All remedies prescribed in this Chapter shall be cumulative and the use of one or more remedies by the City shall not prohibit the use of any other remedy for the purpose of enforcing the provisions of this Chapter. Chapter 5.04 Procedures 10 IE Section 5.04.10. Investigation of Specific Businesses a. Upon receipt of an application for one of the following businesses, the Director of Community Development or his or her designee shall conduct an investigation and criminal background check on the applicant and may obtain reports from the Sheriffs Department, Building and Safety, Fire Department, County Health Department, and any such other information as he or she deems necessary to determine if the criteria for issuance of a business license have been met: 1. Acupressure and acupressure technicians 2. Adult businesses (as defined in Section 22.80.020 of this Code) 3. Alcoholic beverage sales (off-site consumption) 4. Bars and nightclubs 5. Computer services/network gaming center (as defined in Section 22.80.020) 6. Entertainment Establishments 7. Firearm Dealers 8. Indoor amusement/entertainment facilities (as defined in Section 22.80.020) 9. Massage establishments and massage technicians 10. Nightclubs 11. Pawnbrokers and second hand dealers 12. Peddling -Solicitation 13. Psychic Reading (as defined in Section 22.80.020 of this Code) 14. Tow trucks and towing companies Section 5.04.20. Application a. In addition to the application requirements fisted in Section 5.00.040(C), applications for a business license for the businesses listed in this Chapter shall include, as applicable: 1. The name and permanent address of all persons having a financial interest in the operation of the business or premises where the business is to be located; 2. A detailed description of the proposed business and services provided, including whether food, beverages or alcohol will be served on the premises, and any further information about the business, as the Director may deem necessary; 11 3. The name or names of the person or persons responsible for the management or supervision of applicant's business; 4. Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been within the previous five years, convicted of a crime, the nature of such offense, and the sentence received therefore including conditions of parole or probation, if any; 5. Whether or not the applicant has ever had any permit or license issued in conjunction with the operation of a business revoked, including the date thereof and name of the revoking agency; 6. Documentation showing that the premises is in full compliance with Title 22 Development Code; and 7. Such other reasonable information as the Director may deem necessary. b. Where the applicant is a corporation, association, partnership, or other legal entity, applicant shall mean each partner, officer, director and each shareholder owning or controlling more than 10% of such entity. Section 5.04.30. Investigation Once a completed application for one of the businesses listed in Section 5.04.010 is received and the applicant pays the prescribed business license fee, the Director of Community Development or his or her designee shall initiate an investigation and criminal background check of the applicant, which may require the applicant to be fingerprinted and to provide a copy of a valid photo identification. The purpose of this investigation is to assist the Director in determining if the business license should be granted. Section 5.04.40. Review and Approval a. Business license applications for businesses listed in Section 5.04.010 shall be subject to the approval of the Director of Community Development or his or her desginee. b. Precondition of Approval. Before any business license is issued pursuant to this Chapter, the reviewing authority must ensure in writing that the applicant agrees to abide by all the conditions and restrictions contained in or imposed pursuant to this Title. Section 5.04.50. Grounds for Denial of Business License 12 a. Except as otherwise provided in this Title, the Director of Community Development, may deny an application for a business license or renewal license for any of the following causes arising from the acts or omissions of the applicant or licensee: (1) Fraud, misrepresentation, or false statement in applying for a new or renewed license or in any report or record filed with the City; (2) Any relevant violation of this Code; (3) A violation of the conditions or restrictions of the previous business license in the case of a renewal; (4) Conviction of any crime within the past five years where the trait shown is inconsistent with carrying on the business, occupation, or activity for the benefit of the public; (5) Conducting the business, occupation, or activity for which the license is issued in a manner determined to constitute an immediate threat or menace to the health or safety of the public. Failure to correct objectionable conditions constituting a public nuisance within a reasonable time after lawful notice from a governmental entity shall be prima facie proof thereof, (6) Failure to abide by the disciplinary action imposed by the appropriate City officer. Section 5.04.60. Effect of Business License Denial a. Limitation on New Applications. If an applicant's business license application for a particular business activity has been denied, the City shall not process a new application by that applicant for that business activity for a twelve month period after the date of the decision to deny unless the Director of Community Development determines that the reason for the denial has been cured and no longer exists. b. Appealability. Any person dissatisfied by the City's decision to grant, deny or condition a business license may appeal that decision to the City Council in a manner consistent with Section 5.04.080. Section 5.04.70. Conditions of Approval a. Right to Condition New License. The Director of Community Development, or his or her designee, may condition any new business license if he or she finds that the conditions relate to the anticipated impacts of the business and are reasonably necessary to mitigate those impacts. 13 t b. Application to Change Conditions. The City Council may change, modify or eliminate any conditions previously placed on a license upon written request if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Section 5.04 110 et seq. Section 5.04.80. Appeal. a. Filing. Any person dissatisfied with a decision of the City to approve, deny or condition a business license application may appeal the decision to the City Council by filing with the City Clerk a notice of appeal to the City Council within fifteen days of the date of mailing of the decision. b. A notice of appeal shall be signed by the appellant or the legal representative of the appellant and shall state that the appellant appeals from a specified decision or a particular part thereof. The notice of appeals shall be accompanied with the required appeal fee, as set by resolution of the City Council. C. If a timely appeal is filed, the effect of the decision shall be stayed pending the Council's resolution of the matter unless the Director of Community Development specifically finds that the public health and safety is endangered. Section 5.04.90. Appeals - Notice of Hearing. Upon receipt by the City Clerk of a timely notice of appeal, a public appeal hearing shall be noticed and set for public hearing in a manner consistent with Section 5.04 120. Section 5.04.100. Appeals - Hearing Procedure. The City Council shall conduct the appeal hearing de novo and shall hear and consider evidence, argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision. The hearing will be held as provided in Section 5.04.130. Section 5.04.110. Modification, Suspension or Revocation Any license issued by the City may be conditioned, modified, suspended or revoked for cause by the City Council in accordance with Section 5.04.140. Section 5.04.120. Notice to Licensee. 14 Notice of the time and place of the public hearing shall be served at least ten days prior to the hearing on the applicant and upon all owners and tenants of the properties within 500 feet of the exterior boundaries of the business premises in the manner specified in Section 1.00.120 of this Code. Section 5.04.130. Procedure for Hearing. a. Right to Witnesses. The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf. b. Rules of Evidence. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation. e. Decision. The City Council shall issue its decision by written decision. The decision shall contain a determination of the issues presented. d. The decision of the City Council shall be final. Section 5.04.140. Grounds for Revocation of Business License. The City Council may condition, suspend or revoke a business license if the Council finds any of the following: (1) The licensee, manager or employees have failed to maintain the premises in a neat and clean condition and have allowed the business premises to deteriorate and become blighted; (2) That the building, structure, or equipment used in the conduct of the business does not comply with or fails to meet any health, zoning, fire, or building and safety laws of the State of California or the Diamond Bar Municipal Code; (3) That the licensee, manager or employees have violated any statute or any ordinance of the Diamond Bar Municipal Code resulting from any act performed in the exercise of any rights permitted by the issuance of the license; (4) That the licensee, manager or employees have violated any provision of federal or state law or any provision of the City of Diamond Bar Business License Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule, permit or regulation on the business premises or relating to the licensed activity; 15 t (5) That the licensee has failed or refused to notify the City of any change in facts as required by this Chapter within ten days after such change; (6) That the licensee, manager or employees have permitted, allowed or failed to prevent the use of the business as a base or magnet for unlawful or criminal activity, including, but not limited to, solicitation, prostitution and drug trafficking; (7) The licensee, manager or employees have allowed or failed to discourage criminal or otherwise unlawful activity to occur on or immediately adjacent to the business premises; (8) The licensee, manager or employees have failed to control the actions of the businesses' patrons in and immediately adjacent to the business premises; or (9) That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public. Section 5.04.150. Effect of Revocation or Suspension. a. No business license fee refunds shall be issued to any licensee upon revocation or suspension of a business license. b. Upon revocation of any business license for cause under this Chapter, no business license to operate the same business activity shall be granted to the same person, corporation, association, partnership, or other legal entity within one year after such revocation. C. Whenever a license is suspended or revoked, the sheriff shall take into possession the business license for the subject business activity. The licensee shall surrender the business license, license stickers, or similar evidence of a license to the Director of Community Development or sheriff. d. Upon revocation or suspension of a business license, the licensee shall cease operation of the business activity immediately. Except as otherwise provided, in the event that the license is suspended, the licensee may resume operation once the suspension period has expired. Chapter 5.08 Specific Businesses Regulated 16 Section 5.08.010. Acupressure 1 a. Acupressure means the practice of placing physical pressure by hand, elbow, or with the aid of various devices on different acupuncture points on the surface of the body. Section 5.08.020. Adult Oriented Businesses a. Adult oriented business shall be as defined in Section 22.80.020 of this Code. b. In addition to the information required in Section 5.04.020, an application for an adult oriented business license shall include the following information: 1. l.ln the event the applicant is not the owner of record of the real property upon which the adult bookstore is, or is to be, located the application must be accompanied by a notarized statement from the owner of the property acknowledging that an adult bookstore is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the adult bookstore is or will be located. 2. Proof that the applicant has complied with Section 22.42.020 of this Code. C. Upon filing of a complete application and investigation, the Community Development Director shall issue a business license for an adult oriented business if the following circumstances exist: 1. The licensee is over eighteen years of age, or to a corporation, the officers of the corporation are over eighteen years of age; 2. The business has complied with Section 22.42.020 of this Code. 3. The business shall employ a person on the premises to act as manager at all times during which the adult business is open; 4. The licensee shall not permit any doors on the licensed premises to be locked during business hours and, in addition, the licensee shall be responsible for ensuring that any room or area on the licensed premises 17 shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. d. The Director shall approve or deny an application for an adult business license within 30 days of the filing of a complete application. The Director shall approve and issue the permit if all the requirements of Subsection (c) of this Section have been satisfied. If the Director determines that the application does not satisfy the requirements of this Chapter, he or she shall deny the application. e. The Director's decision may be appealed to the City Council as provided in Section 5.04.080. The hearing on the appeal shall be held at the next regularly scheduled City Council meeting following the timely filing of a complete appeal unless the applicant requests au extension; in no event shall the hearing on appeal take place more than thirty days after the date on which a timely and complete notice of appeal is received unless the applicant requests a further extension. L In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct entertainment during the pendency of any appeal. g. Notice of the public hearing on the appeal shall be given as provided in Section 5.04. 090. h. The City Council shall announce its decision within a reasonable time, but not to exceed thirty (30) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefore. The City Council's final action shall be taken by resolution and notice thereof shall be given by mail to the applicant/permit holder or appellant, or to both if they be different parties Section 5.08.030. Bars, and Nightclubs a. For purposes of this Chapter, the following words shall have the following meanings: 1. Bars and nightclubs shall mean businesses that are not part of a larger restaurant, where alcoholic beverages are sold for on-site consumption. This definition includes bars, taverns, pubs, and similar establishments where any food service is secondary to the main purpose of alcoholic beverage sales. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage and tasting facilities. 18 b. In addition to the information prescribed by Section 5.04.020, the application for a license for a bar, or nightclub shall include: 1. The complete standard regulatory business license application including the names and addresses of all responsible operators, manager's, and property owner; 2. A certified copy of all valid Alcohol Beverage Control (ABC) permits, licenses, and conditions of operation: and 3. Security Plan Requirements. Businesses that serve alcohol with an occupancy load of 50 or greater are required to provide the following: A. Any business establishment licensed under this category shall submit a security plan. All submitted security plans shall be reviewed and or approved by the Director or his or her designee. B. All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment. 4. A set of plans stamped "Approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment. C. Operating Requirements. 1. Manager Required. Any bar or nightclub shall have a responsible person on the premises to act as manager and supervise employees at all times during which the business is operating. 2. Facility Operators. Licensees shall maintain their operations pursuant to the security plan approved by the Community Development Director and within the standards required by the Department of Alcoholic Beverage Control. 3. Display of Licenses. The business owner shall display, in a prominent and visible location, the business license, and an entertainment license and/or promoter's license is applicable. A promoter's license shall be displayed in the same location as the business owner's license but need only be displayed during the promoted event(s). 4. Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make 19 reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request. 5. Alcoholic Beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis. 6. Merchandise Sales. No business owner licensee shall sell merchandise except inside the establishment. 7. Open Doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner. 8. Security. The business owner and/or promoter shall provide and employ uniformed off-duty Sheriff Deputies and other security guards as necessary at on-site and off-site parking locations to address noise, traffic, and safety concerns. 9. Designated Driver Signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches. 10. Joint Responsibility for Violations and Noise Control. Violations of subsections (5), (7) and (11) of this section and violations of the Noise Control Ordinance set forth in Chapter 8.12 of the Diamond Bar Municipal Code by either the business owner or the promoter, or both, shall be grounds for revocation of the business owner's license and the promoter's license. Section 5.08.040. Entertainment License a. Purpose and Intent 1. The City Council of the City of Diamond Bar finds that operation of business establishments in the City providing live entertainment creates special circumstances pertaining to noise, disorderly conduct by patrons, underage drinking and similar such conditions as to warrant regulation through a business license. 20 2. Therefore, it is the purpose of this Section to regulate the operation of entertainment establishments and entertainment promoters to promote the public health, safety and welfare and to ensure that the operators of these establishments have the proper qualifications and operate their businesses in a safe and secure manner. 3. The issuance of a regulatory business license for the operation of entertainment establishrnents in the City shall not establish or convey a vested right or a property right in the licensee or the property. b. Definitions 1. "Admission Charge" means any charge for the right or privilege to enter any entertainment establishment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition of entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment. - 2. "Entertainment' means any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, guests, customers, or any other person or persons. 3. "Entertainment Establishment' means any business establishment or concern open to members of the public, with or without admission charge, in which entertainment is offered or performed, except as exempted in Subsection (d) of this Section. 4. "Entertainment Promoter" means an individual or group of individuals, entity or organization that organizes, coordinates, schedules, advertises, solicits patrons, oversees or otherwise promotes entertainment in the facilities of another. c. Permit Requirement. 1. Prior to commencing operation of an entertainment establishment, the owner or operator shall obtain an entertainment license in the manner provided for in this Title and it shall be posted in a conspicuous public place on such premises at all times. Failure to post such permit shall be a violation of this Code and shall be grounds for revocation of such permit. Prior to operating or conducting business in the City, an 21 i�owl entertainment promoter shall obtain an entertainment license in the manner provided for in this Title. 2. The failure of an entertainment promoter to obtain a business license for an event or location shall be grounds for suspension or revocation of the business license of the facility where the event took place and for denial or revocation of any license the promoter may have for any other event or location in the City. 3. The entertainment license covers only the entertainment portion of the business. A general business license is required for the general operation of the business. Neither the obtaining of an entertainment license nor compliance with the operating standards provided in this Code shall obviate the need for, or excuse any noncompliance with, the zoning code, building code, fire code, or any other or additional permit or code requirement made applicable to the entertainment or entertainment establishment under any other provision of this Code or state or federal law. d. Exemption from License Requirement. The provisions of this Section shall not be deemed to require an entertainment license for the following: 1. The use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names; 2. Entertainment consisting of ambient or incidental music provided for guests or patrons by one (1) non -amplified musician. If there is an admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental; 3. Entertainment provided for invited guests at a private event such as a wedding reception, banquet or celebration where there is no admission charge; and 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. e. Applications for entertainment licenses shall be filed with the Director upon a written form provided by that office stating, as applicable: 22 1. The name and permanent address of all persons having a financial interest in the operation of the entertainment, business, or premises where the entertainment is to be located; 2. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in entertainment; 3. The date, hours, location and business license number if already issued of the establishment where the entertainment is proposed to be conducted and the admission charge, if any, to be charged; 4. The name or names of the person or persons responsible for the management or supervision of applicant's business and of any entertainment; 5. Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been within the previous five years, convicted of a crime, the nature of such offense, and the sentence received therefore including conditions of parole or probation, if any; 6. Whether or not the applicant has ever had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment revoked, including the date thereof and name of the revoking agency; 7. The proposed security plan for control of patrons. All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment; 8. Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; 9. Proof that the premises where the entertainment will take place meets the requirements set forth in Title 22 of this Code; and 10. In the case of entertainment promoters, the number of events proposed to be conducted, whether the events are recurring on a regular schedule, the location or locations of proposed events and the business license number of the business where the entertainment will be provided. f. The Director shall approve or deny an application for an entertainment license within 30 days of the filing of a complete application. The Director shall approve and issue the permit if all the requirements of Subsection (g) of this Section have been satisfied. If the Director determines that the application does not satisfy the requirements of this Chapter, he or she shall deny the application. Notice of the Director's decision shall be mailed to the applicant at the address shown on the application and to all the property owners within three -hundred (300) feet of the applicant's business. g. The Director shall approve and issue an entertainment license if be or she finds: 23 1. That issuing the permit and conducting entertainment at the proposed location, as conditioned, is consistent with federal, state, and local laws, rules, regulations and any existing or required pennit(s); the conditions imposed by such permits or Municipal Code requirements; 2. Neither the applicant or any person or persons responsible for the management or supervision of applicant's business has, within the past five years, been convicted of a felony or other crime of moral turptitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted; 3. Neither the applicant or any person or persons responsible for the management or supervision of applicant's business has a history of committing, permitting or failing to prevent significant violations of the Diamond Bar Municipal Code or any license or permit, in connection with an entertainment establishment for which he or she is a responsible person; 4. It does not appear, based on the information before the Director, that the applicant has provided false or misleading material information in the application; 5. All indoor areas of the entertainment establishment in which patrons are permitted and entertainment is presented, shall be arranged in such a manner that the entire interior portion of the viewing area is open and visible from aisles and public areas of the place of entertainment and shall be open to view by management at all times. Visibility shall not be blocked or obscured whatsoever; and 6. The entertainment establishment will have a manager on the premises at all times when entertainment is performed. h. Emergency Suspension. An entertainment permit may be suspended immediately if the Director determines that there is an immediate and significant threat to public safety and welfare arising out of the use of the entertainment license. The permit holder shall be provided by personal service and first class mail with notice of the suspension setting forth the grounds giving rise to the suspension and ordering that the entertainment operation cease and desist during the suspension. After such notice is given, the permit holder shall have ten (10) days within which to correct the conditions giving rise to the suspension and to provide the Director with proof of the corrective action taken. During this period, the permit holder shall discontinue all entertainment on the premises. Upon timely correction of a condition giving rise to a suspension, the permit may be reinstated by the Director. Failure or refusal of the permit holder to timely correct the condition shall result in institution of revocation proceedings as set forth in Section 5.04.100. Should the permit holder fail or refuse to correct the condition within the ten (10) day period, the suspension shall remain in effect until the conclusion of the revocation proceeding. i. Appeal 24 1. The Director's decision may be appealed to the City Council as provided in Section 5.04.080. The hearing on the appeal shall be held at the next regularly scheduled City Council meeting following the timely filing of a complete appeal unless the applicant requests an extension; in no event shall the hearing on appeal take place more than thirty days after the date on which a timely and complete notice of appeal is received unless the applicant requests a further extension. The Council's decision thereon shall be final. 2. In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct entertainment during the pendency of any appeal. 3. Notice of the public hearing on the appeal shall be given as provided in Section 5.04.090. E4. The City Council shall announce its decision within a reasonable time, but not to exceed thirty (30) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefore. The City Council's final action shall be taken by resolution and notice thereof shall be given by mail to the applicant/permit holder or appellant, or to both if they be different parties j. Operating Instructions. Entertainment Establishments shall be subject to the same operating instructions as those listed in Section 5.08.030(c) for bars and nightclubs. In addition, the following operating requirements shall apply: 1. Control of Events. The business owner licensee shall retain full control of all events on the property and ensure that any and all conditions of approval are adhered to. All events, including events organized by promoters, shall be supervised and managed by employees of the licensee. This shall include all club operations, ticket sales, parking arrangements, advertising and promotion of any event. 2. Neighborhood Clean-up. The business owner and promoter, if applicable, shall clean-up or cause to be cleaned up excessive litter and trash on the residential streets, if any, within a one -block radius of the business location at least once a week for the period during which one or more events take place. Section 5.08.050. Firearm Dealers a. For purposes of this Chapter, the following terns shall have the following meanings: 25 1. "Engages in the business" shall mean the conducting of a business by selling, leasing, or otherwise transferring, for a consideration, any firearm, firearm munition or firearm ammunition component; or the holding of one's self out as engaged in the business of selling, leasing or otherwise transferring for a consideration any firearm, firearm munition, or firearm ammunition component in quantity, in series, or in individual transactions, or in any other manner indicative of trade. 2. "Firearm" shall include, without limitation, any revolver, pistol or any other device designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion. 3. "Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm. 4. "Firearm ammunition component" shall mean any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used to manufacture ammunition. 5. "Firearm dealer" shall mean any person who engages in the business of selling, leasing or otherwise transferring for a consideration to members of the public any new or used firearm, as well as any firearm ammunition or any firearm munition component. 6. "Person" shall mean a natural person, association, partnership, firm or corporation or combination thereof. b. Application Information. 1. License Form. Any license issued to operate as a gun dealer shall be on a form approved by the city. 2. Application Form. Notwithstanding any other provision of this Chapter, every applicant for a gun dealer license shall fill out the application form prescribed by the California State Attorney General in addition to the city's application for a business license. c. Minimum Criteria for Issuance of a License. In addition to the applicant's compliance with all other requirements of this title, a background check and recommendation pertaining to the applicant, and the applicant's existing and prospective managers) and employee(s) will be referred to and conducted by the Director and the Sheriffs Department. In addition to compliance with all the requirements of this title and obtaining a favorable background recommendation from the Los Angeles County Sheriffs Department, the applicant must meet the following criteria: 26 1. The applicant, and any existing or prospective manager and employee, must be at least twenty-one years of age. 2. The applicant must be properly licensed as required by all applicable federal and California laws. 3. The applicant, or any existing or prospective manager or employee, must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application. 4. The applicant, and any existing or prospective manager and employee, must not have been convicted of: A. Any offense so as to disqualify the applicant, manager or employee from owning or possessing a firearm under applicable federal and California laws; B. Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or other dangerous or deadly weapon; C. Any offense involving the use of force or violence upon the person of another; A Any offense involving theft, fraud, dishonesty or deceit; E. Any offense involving the manufacture, sale, possession or use of any drug or controlled substance itemized on any schedule pertaining to drugs and other controlled substances of the California Health and Safety Code. 5. The applicant, or any existing or prospective manager or employee, must not have been adjudicated to be mentally incompetent, or have been committed to a mental institution. 6. The applicant must demonstrate that: A. The location for which the license is sought is not located within five hundred feet of a public or private day care center or school, or a public park. B. The location for which the license is sought is not located within five hundred feet from any other premises operated by a gun dealer licensee. 7. The applicant must provide a copy, of each of the following: A. Valid federal firearms license; B. Valid seller's permit issued by the State Board of Equalization; and 27 C. Valid certificate of eligibility issued by the Department of Justice. d. Issuance of License Subject to Conditions. Any and all licenses granted pursuant to this Chapter are subject to the following conditions, in addition to any conditions imposed by the Director, breach of any of which subjects the license to revocation: 1. The business activity shall be carried on only in the building designated in the license, which shall be located in a properly zoned commercial district, unless the gun dealer qualifies as a home occupation under federal and state law and is in full compliance with the home occupation provisions contained in the Diamond Bar Zoning Ordinance. In no event shall a licensee, operating as a home occupation, store or maintain firearms, ammunition, or any firearms ammunition component within the residential dwelling in which the business is being conducted. Notwithstanding any other provision of this Title, a license under this Chapter shall be required for gun dealers operating as a home occupation. 2. If the applicant is not the owner of record of the building within which, and the real property upon which; the gun dealer business is to be located and conducted, then be or she shall obtain prior written consent from the owner of record of such building and real property to operate a firearm dealer business, and such written consent from the owner of record shall be attached to the city's business license application. 3. All federal, California and city -issued licenses, permits or copies thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted. 4. No firearm, firearm ammunition or reproduction of either advertising the sale, lease or transfer, for a consideration of either, shall be displayed in any part of the premises where it can readily be seen from the outside. 5. The licensee shall maintain on the licensed premises accurate records of all firearm and ammunition sales, as well as a complete inventory of all firearms in stock, by classification and serial number, for a period of not less than three years. e. The records required by this subsection (5) pertaining to the recordation of firearm and ammunition sales shall indicate: 1. The date that the purchaser purchased the firearm(s) and/or ammunition; 28 2. The purchaser's name, address and date of birth; 3. The purchaser's driver's license number or other identification number and state where issued; 4. The make, brand, model and/or type of firearm(s) purchased; 5. The brand of ammunition purchased; 6. The type and amount of ammunition purchased; The purchaser's thumbprint, from both the right hand and left hand; and 8. The purchaser's signature. L This information required by this subsection (5) shall be recorded at the time of purchase and shall be maintained in a log book in a form substantially as follows: Ammunition/Firearm Sales Records Log Store: Date Name Address Date of Birth Driver's License/1D Number and State Firearm Make/Brand/Model/Type Purchased Ammunition Brand and Amount Purchaser's Signature g. The licensee's firearm and ammunition sales records and firearm and ammunition inventory records shall be open to inspection at the request of the city or the Los Angeles County Sheriffs Department. h. The licensee shall also provide the City with an annual report of the gross revenue received during the previous year itemized by the quantity and classification of firearms and ammunition sold on a form provided by the City signed under penalty of perjury. The licensee shall not sell, lease or otherwise transfer for any consideration any firearm: 1. Within fifteen days of the application for the purchase, or, after notice by the Department of Justice ("Department") pursuant to Section 12076 of the California Penal Code, within fifteen days of the submission to the Department of corrected copies of the register, or, within fifteen days of the submission to the Department of any fee required pursuant to Section 12076 of the California Penal Code, whichever is later. 29 2. To any person who is forbidden by city, state or federal law from buying or possessing a firearm. 3. Whenever the dealer is notified by the Department of Justice that a purchaser is in a prohibited class described in Section 12021 or 12021.1 of the Penal Code or Sections 8100 or 8103 of the Welfare and Institutions Code. j. The licensee shall provide all firearm purchasers comprehensive instructions, prepared by the licensee and approved by the city, pertaining to the use, maintenance, storage and safety precautions relating to the firearm purchased. k. The licensee shall comply with all security measures imposed by the license issued pursuant to this Chapter upon recommendation of the Los Angeles County Sheriff, including but not limited to locks, lighting, alarms, storage and access to firearms. 1. The licensee shall comply with all applicable sections of the California Penal Code, including but not limited to Sections 12071, 12072, 12073, 12076, 12077 and 12316. In. The licensee shall conduct a criminal background check on any existing or prospective manager(s) or employee(s). Section 5.08.060. Massage establishments and massage technicians a. The owner of a massage establishment and each massage technician practicing in the City must obtain a business license pursuant to this Title. b. For purposes of this Chapter, the following terms shall have the following meanings: 1. "Certificate" shall mean a certificate, issued by a licensed school, certifying completion of the required curriculmn in massage training. 2. 'Massage" and "Massage Therapy" shall mean and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the bands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. 30 3. "Massage establishment" shall mean any establishment having a fixed place of business which provides or attempts to provide massages, or health treatments involving massage as the principal function, including any school of massage which performs any such activity to any member of the public for any form of consideration or gratuity. The following are not considered massage parlors under this definition: (a) an establishment which has only one massage table on the premises and the massage business is secondary or ancillary to the principal business on the premises; or (b) an establishment which has on staff at least as many state licensed health care professionals as it does licensed massage technicians. 4. "Massage technician" shall mean any person who administers to any other person, for any form of consideration or gratuity, a massage as herein defined, including a student at a school of massage who administers a massage to any person for payment whether the payment is given to the student or to the school. A "massage technician" does not include any person who is engaged in a healing art required to be licensed pursuant to the Business and Professions Code of the state of California. - 5. "Off -premises massage business" shall mean a business which provides massage services at a location other than the massage establishment itself. C. Application Information - Massage Establishment and Off -Premises Massage Businesses. In addition to the information prescribed by the Director of Community Development, all applications for a license to conduct a massage parlor or off -premises massage business must contain the following information: 1. The complete address and all telephone numbers of the massage parlor or off -premises massage business; 2. A complete list of the names and residence addresses of all proposed massage technicians and employees employed by the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment; 3. The two previous addresses of the applicant immediately prior to the present address of the applicant; 4. Written proof of the applicant's age, height, weight, color of hair and eyes and sex; 31 5. Two identification photographs and fingerprints of the applicant; 6. The massage or similar business history and experience of the applicant, including but not limited to, whether or not such person, in previously operating a massage establishment or similar business in this or any other city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefor: 7. All criminal convictions excluding traffic or infraction violations; 8. Such other information and identification deemed necessary by the Sheriffs Department. d. Application Information — Massage Technicians. In addition to the information prescribed by the Director, an application for a massage technician license shall include the following information: 1. The last two previous addresses, if any, immediately prior to the present address of the applicant; 2. The applicant's height, weight, sex, color of eyes and hair; 3. A certificate or diploma from a state -accredited institution or an institution deemed by the Community Development Director to be of equivalent standing. a. The business, occupation or employment of the applicant for three years immediately preceding the date of the application; 5. The license history of the applicant and whether the applicant has had a license for working as a massage technician revoked or suspended, and the reason therefore. That history shall include the business activity or occupation engaged in subsequent to such suspension or revocation; 6. All convictions except for traffic violations and infractions; 7. The location where the applicant intends to operate. If the applicant will not operate from a specific location, the applicant will provide the general area where it intends to operate; 32 t 8. Documentation of the applicant's experience as a practicing massage technician. e. Massage Technician License Requirements — Investigation by Community Development Department. Before a license is granted or renewed and at such times as the Community Development Director deems appropriate, the technician shall be subject to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage services. If at any time the investigation by the Community Development Department reveals the massage technician has been convicted of a crime related to the provision of massage services, the massage technician's license shall be deemed revoked and of no further force or effect as of the date of the conviction. An applicant whose license has been revoked as described in the preceding paragraph shall have the right to appeal the decision of the Community Development Director under this chapter in the time and manner set forth in Section 5.04.080. f. Operation Requirements - Massage Establishments and Off -Premises Massage Businesses. 1. A licensee operator shall not hire or employ a massage technician unless such massage technician has been issued a certificate or diploma from a state -accredited institution or institution of equivalent standing. 2. Doors to Remain Unlocked. The front door of any massage parlor and the doors of the cubicles in which massages are being performed must remain unlocked during all hours of operation. No electronic locking device may be utilized on any entrance door. 3. Cleanliness Requirements. A. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided; B. Hot and cold running water shall be provided at all times; C. Separate closed cabinets shall be provided for the storage of clean and soiled linen and these cabinets shall be plainly marked: "Clean Linen" and "Soiled Linen," respectively. 4. Hygiene Facilities. 33 A. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided in every massage establishment; however, if male and female patrons are to be served simultaneously at the establishment, separate bathing facilities, a separate massage room or rooms, and separate dressing and separate toilet facilities shall be provided for male and for female patrons. B. Minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. 5. Hours of Operation. The licensee operator shall not conduct or operate a massage parlor or an off -premises massage business between the hours of 10:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers, patrons and visitors therefrom between those hours. 6. Maintenance of Premises and Equipment. A. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities of the establishment shall be in good repair and maintained in a clean and sanitary condition; B. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use; C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. D. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. Recording of Activities Prohibited. No building or part thereof where a massage parlor, or an off -premises massage, is being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers. 34 8. Off -Premises Massage Prohibited. No massage establishment issued a license under this Chapter shall send massage technicians off the premises for the purposes of administering a massage, nor shall the massage parlor or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off -premises massages, except when such off -premises massage is permitted under this Chapter. 9. Dress Requirements. A. All massage technicians, attendants and employees of massage parlors or off -premises massage businesses shall wear clean garments. These garments must be of a fully opaque material and provide complete covering of the genitals, genital area, buttocks and breasts. B. No person holding a massage technician license issued under this Title, or employed by or working in a massage parlor licensed under this Chapter, may expose his or her genitals, buttocks, or breast(s), or make intentional, occasional or repetitive contact with the genitals or anus of another person. C. Each establislunent shall provide to all patrons, clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical areas, including the genital area, buttocks and breasts. No common use of such coverings shall be permitted and re -use of such covering is prohibited until it is washed and cleaned. D. No massage technician, while performing any task or service associated with the massage parlor, shall be present in any room with another person unless the person's specified anatomical areas (genitals, buttock, and breasts) are fully covered. E. 10. Manager Required. All establishments licensed under this Chapter shall have a manager on duty at all times during which the establishment is open. Section 5.08.070. Second hand dealers a. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Secondhand dealer is a person, other than a used -car dealer or dealer in secondhand books or magazines, engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares or merchandise, including gold, silver, platinum and mercury, but does not include a person who does not sell, 35 t or offer to sell, secondhand goods, wares or merchandise except such as is received by such person as payment or part payment for a new article sold by him. b. Hours of operation. A second hand dealer shall not, and an agent or employee shall not, accept any pledge, or loan any money on personal property, or purchase or receive any goods or merchandise, or any article or thing whatsoever, or in any manner whatsoever engage in or conduct the business of pawnbroker between 7:00 p.m. of any day and 7:00 a.m. of the following day. Section 5.08.080. Peddling -Solicitation a. Definitions: "Commercial" shall mean and include the sale of goods, wares or merchandise for profit, whether or not a profit is made, and not for any charitable purpose. 2. "Hawking" shall mean advertising, promoting or soliciting customers for the sale of any goods, wares or merchandise, whether or not a sale takes place. 3. "Peddle" and "peddling" shall mean: (a) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, by traveling or going by any means of locomotion whatsoever from place to place, from house to house or business to business, or (b) hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, from or on the street, on any public property or on any private property without the permission of the owner or other person in possession and control of the property. 4. "Solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this Chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation. b. License Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay a license 36 fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. C. Identification Requirements. All licensed peddlers and solicitors licensed pursuant to this Chapter shall carry an original business license, along with picture identification, at all times when peddling. d. Operating Requirements. 1. Generally. A. No person shall peddle or solicit for commercial purposes in any area of the City which is zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day. B. No peddler or commercial solicitor shall touch, come into physical contact with, or affix any object to another person or any member of the public, without first receiving express permission therefor from such member of the public. C. No peddler or commercial solicitor shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited. D. No peddler or commercial solicitor shall intentionally and deliberately obstruct the free movement of any member of the public on any street, sidewalk or other place or in any place open to the public generally. Section 5.08.090. Tow Trucks and towing companies a. For purposes of this chapter, the following tern shall have the following meaning: 1. "Tow truck" shall mean a motor vehicle which has been altered or designed and equipped to tow another motor vehicle by means of a crane, hoist, tow bar, tow line or dolly. b. Exemptions. The provisions of this chapter shall not apply to tow trucks or vehicles licensed pursuant to California Vehicle Code Sections 11500 et seq. and California Business and Professions Code Sections 7500 et seq. C. Application Information. 37 d. In addition to the information prescribed by the Director of Community Development, an application for a tow truck service operator's license shall include the following information: 1. A map of the district, area or territory to be served by the tow truck service; 2. A schedule of rates proposed to be charged in the areas of the city where the applicant proposes to operate the service; and 3. The description and location of the operational facilities of the applicant. Operating Requirements. 1. Service Records to be Kept. A tow truck service operator shall maintain the following records for each order of service: Location where tow service requested; Date and time request made; Description of vehicle towed; Location to where vehicle towed; Identification of dispatcher; Identification of driver; and Time of dispatch. 2. Inspection. Such records shall be available for inspection by the Director of Community Development and the Sheriff for a period of at least six months. 3. Drivers - License Preconditions. A tow truck service operator shall not permit any person to operate a tow truck authorized under his or her license unless such driver has, in his or her possession, a valid driver's license issued by the state of California Department of Motor Vehicles. 4. Insurance Requirements. The Director shall not issue a tow truck service operator's license until the applicant has filed a copy of the 38 policy of liability insurance pursuant to Section 5.00.170 that covers every tow truck to be operated pursuant to the operator's license. 5. Indemnification. Every operator licensed pursuant to this Title shall sign an indemnification agreement as provided in Section 5.00.170 in a form approved by the City Attorney. 6. Tow Truck facility Security. If the tow truck service provides storage of towed vehicles, the operator shall provide security for such vehicles during all business hours. Locking of Vehicles. If the tow truck service provides storage of towed vehicles, the operator shall lock each ignition, remove the key, and place the key in a safe place. 8. Sign Requirements. The operator shall install and maintain a sign on the business premises, plainly visible ffom the street, showing the operator's name, the address of the business, the time when the premises are closed and the towing and storage fees, if any. No signs shall be posted, pursuant to this section, which would be in violation of the Diamond Bar Municipal Code. 9. Rates Charged. A copy of the rates charged for utilizing a tow truck's services shall be posted in each tow truck. 39 D R A F T CITY COUNCIL RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY OF DIAMOND RESCINDING THE BUSINESS REGISTERATION FEE AND ESTABLISHING FEES FOR BUSINESS LICENSE AND BUSINESS LICENSE RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS LICENSE FEES. A. RECITALS 1. The City Council of the City of Diamond Bar has established various schedules of rates, fees and including but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. 2. Pursuant to the provisions of the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, provided that such rates, fees and charges do not exceed the estimated reasonable cost of providing such services. 3. California Government Code Section 66017 requires notice to be given and data made available, at rates, fees and charges or adoption of new rates, fees and charges, for Planning, Building and Safety and Public Works Divisions services (development fees) at a public hearing of this City Council. 4. California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges for which no other procedures are provided by law. 5. On (date), the City Council of the City of Diamond Bar conducted and a duly noticed public hearing with respect to the establishment of a Business License fees and a Business License annual renewal fees. 6. After the adoption of an ordinance establishing a Business License Program and following due consideration of public testimony and staff analysis, the City Council desires to amend the existing fee schedule to include the Business License fees and annual renewal fees. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby specifically finds and determines that, having considered the record as a whole adopts the following fees to be inserted into the City's fee schedule under the Planning Division Fee Schedule/Ministerial Review: a. Business License Fee without investigation shall be $53.50 and the Annual Renewal Fee shall be $22.00. (1) If the Annual Renewal includes changes (i.e., address, use, ownership, etc.) the annual renewal fee shall be $53.50. (2) If the Annual Renewal requires investigation, the fee shall be $300 per person background check. b. Business License fee with investigation shall be $300 per person background check. C. If a Business License is denied, any fees used for processing the application, including the background investigation shall not be refunded. 3. Business License Fees and Annual Renewal Fees shall be effective and shall be implemented commencing 2007. APPROVED AND ADOPTED THIS DAY OF 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 1i:3'l Steve Tye, Mayor 2 I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on day of 2007, by the following vote: AYES: Council Members: NOES: Council Members: ABSTAIN: Council Members: ABSENT: Council Members: ATTEST: 191 Tommye Cribbins, City Clerk Agenda: Study Session Meeting Date: June_19,-2007 CITY COUNCIL AGENDA REPORT ��nRenx-atE� Ora TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Manag TITLE: City Council Study Session Re larding an "In -House" Business License RECOMMENDATION: Receive a presentation from staff, discuss the report, and direct staff to enact an in-house business license program. On November 21, 2006, the City Council held a study session on the status of the City's business registration program and the Los Angeles County business license program. The Council agreed with staffs assessment that the County business license program is costly and cumbersome in its processing due to the following factors: the complexity of the code, logistics of requiring Diamond Bar business owners to travel to downtown Los Angeles, and the requirement to have duplicate public hearings. Furthermore, the Council recognized an opportunity to create a business -friendly license program that would improve customer service and enable the City to provide a proactive response to potential problems from a business. After incorporation in 1989, the City entered into a General Services Agreement with the County to provide the City, its residences and business community with various municipal services. Among other services, the City contracted with the County to administer the City's business license function. The City adopted the entire Los Angeles County Code title on business license as its own; this appears in Title 5 of the City's Municipal Code, and has been unchanged since initially adopted. As the City has matured and conditions have warranted, the City has reduced the level of contracted support provided by the County and opted to bring specific services "in-house". However, the County continues to administer the business license program, and its Business License Commission acts on applications for City business licenses. Current Business License Program The County has established a list of approximately 150 business types that require a County business license. This list includes many types of businesses that are not being 1 found in Diamond Bar (i.e., explosives, water taxis, boarding houses, hog ranch, poultry dealer, etc.). Diamond Bar has approximately 1700 businesses, of which on 200-250 require a County business license. The fees to acquire a County business license are relatively high, ranging from $50.00 to $2,268.00. An annual renewal fee which is less than the initial application fee is required and varies depending upon the type of use. The City does not receive any revenue from the program. Diamond Bar business owners are required to apply in person at the Los Angeles County Business License Office located in downtown Los Angeles. The length of time to process a business license depends on the number of County agencies that must review the application. When review by several County agencies is required, the processing period can be quite lengthy. The City has no control over the County's processing or time frame for issuing a business license. The County does not provide an "over-the-counter" business license rather it requires all applicants to participate in a public hearing before the Los Angeles County Business License Commission. The Business License Commission consists of members appointed by the Board of Supervisors. Business license enforcement is provided by the County. The Purpose of Business License Program The purpose of business licensing is to provide a mechanism to review the management and ownership of specific types of businesses that may be more prone than others to causing law enforcement related problems. It is not designed to raise revenue, nor is it a substitute for land use regulation or business registration. Ordinarily, only a relatively narrow category of businesses would be required to obtain a business license before commencing operations, and only some of them would require a public hearing. How does business licensing differ from land use regulations? Many of the businesses that are required to obtain a business license also need a conditional use permit or other discretionary land use permit issued by the City. Land use permits are intended to address the suitability of the business in the proposed location, with reference to the zoning, compatibility with the neighborhood, availability of parking, signage, design considerations and similar concerns. Land use permits "run with the land" and are not personal to the applicants. Business licensing, on the other hand, focuses on the identity of the owners and managers, and their qualifications for operating a business without creating law enforcement issues. Business licenses are personal —they apply only to the applicants and may not be transferred. How does business licensing differ from business registration? The City currently has a business registration program. The purpose of business registration is to document the business activity in the City to ensure that a business establishment is operating within the correct zoning district and in accordance with the applicable municipal codes. 2 The business registration process helps the City to better understand the types of businesses in the community. The information obtained from business registration is used to track business types in the City, aid in the proper receipt of sales taxes from the State, provide useful information for economic development programs, and assist public safety agencies. All individuals, partnerships, and corporations conducting or operating a business within the City are required to register. In contrast, business licensing does not reach all businesses, but only a narrow category of businesses that are determined to require an extra degree of regulation. The purpose of a regulatory business license is to add additional controls to the proposed business use and/or business operator. The business types within this category may have characteristics that create special land use or law enforcement impacts (i.e., noise, traffic, criminal behavior, operational hours, or other characteristics), which require further investigation and operational conditions. These businesses generally necessitate further scrutiny by the Building and Safety Division, Fire Department, Health Department, Planning Division and/or Sheriff's Department. Field inspections may be required as well as criminal background investigations. Implementation of a Business License Program "In House" It is not recommended that the Council make any substantive changes to the business registration program, but instead, just simply change the name from "registration" to "license" and fold in the additional regulatory licensing currently handled by the County. In other words, the majority of businesses required to register with the City will see no change other than changing from "registration" to "license". Businesses that require an extra layer of regulation, i.e. those who are today regulated by County Business License, will continue to be subject to a more substantial review. Uses That Could Require a Regulatory Business License Of the uses listed in Development Code Sections 22.08 and 22.10 that require a discretionary review (i.e., Minor Conditional Use Permit/Conditional Use Permit) the following arguable would be candidates for a regulatory business license in order to conduct business in Diamond Bar: m Mobile home parks o Bars and nightclubs o Indoor amusement/entertainment facilities & entertainment in general o Computer services/network gaming center o Personal services — acupressure, massage therapy, tattoo parlors o Alcohol sales on-site consumption o Clubs, lodges & private meeting halls o Health & fitness clubs o Private recreational facilities o Outdoor recreation o Theaters, auditoriums, meeting halls o Studios — art, dance, music, photography, etc. o Alcoholic beverage sales off-site consumption in conjunction with sale of motor fuel Certain uses do not require a discretionary review. However, a regulatory business license may be required to ensure compliance with the Municipal Code or to attach required operational standards. These uses are as follows: ® Adult oriented businesses m Psychic readers ® Billiard operators ® Acupressure establishment Fees for Regulatory Business License ® Gun dealers e Message technician ® Taxicab drivers A regulatory business license program necessitates fees that are higher for the types of businesses that require additional review as mentioned above. Typically, the fees will reimburse the City for the cost to investigate the proposed business operator. Fees associated with a regulatory business license program do not require voter approval. Processing fees are typically based upon the philosophy of full cost recovery. The City's proposed regulatory business license fee is based on the amount of time required to conduct a thorough background check including a review by other outside agencies (i.e. Sheriff, Fire, Health Dept., etc.). According to Los Angeles County Sheriffs Department/Business License Investigation Division, the charge to the City for investigating a business license application will varying depending upon the amount of time required to conduct the actual investigation. In April 2007, staff spoke with the Business License Investigation Division, the current rate for a license investigation and background check is $75.06 per hourwith an average time of three hours to complete the investigation and a 30 day turn around time. If City Building and Safety Division or Neighborhood Improvement Officer is required to investigate, it could be reasonable to approximate that they will use a minimum of 15 minutes each for field and file review. The City Finance Division will administer the regulatory and registration process and issue the certificate (license). The City Planning Division will review the application for compliance with the City's Development Code. The estimated time for both the Planning Division and Finance Division is 30 minutes. Fee Options 1. Estimated full cost recovery for a regulatory business license is as follows: Type Total Cost per year for first Cost /business license 5 years* City View software $77,000+/- $15,400+/- $ 9.00 *` City View yearly $3,162 $3,162 $ 2.00 ** maintenance hour staff time $85 per hour N/A $42.50 for processing Total Without $53.50 background Investigation Total With $75.06 per hour (3 N/A $278.68 ($225.18 plus background hours average $53.50) Investigation estimates time) Note: It is City's financial practice to use five-year cost recovery period. °* Estimate is based on 1700 businesses operating within the City. 2 2. Renewal fee: Renewal fees for regulatory licenses will be less than the initial fee if all circumstances remain the same. Staff estimated that the time needed to process a renewal is approximately 15 minutes per business license and the estimated fee is $22.00. If the business license renewal includes a change in business location or use, then the renewal will be processed as a new business license with the $53.50 fee. if the renewal with changes requires a background investigation, the cost would be $278.68 cost. Cost of a Los Angeles County Business License The following are examples and comparisons between the cost of a business license from Los Angeles County and the estimated cost from the City. Business Type Examples Los Angeles County Cost Diamond Bar Cost (full recovery cost) Initial Renewal Initial Renewal Acupressure establishment $2,268.00 $354.00 $278.68 $22.00 Health & fitness club $1,750.00 $251.00 $278.68 $22.00 On-site alcohol $431.00 $223.00 $278.68 $22.00 Entertainment w/dance $2,392.00 $629.00 $278.68 $22.00 Entertainment w/o dance $1,981.00 $406.00 $278.68 $22.00 Billiard room $2,092.00 $358.00 $278.68 $22.00 In summary, the estimated City fee for a business license is much less than the County fee, business license applications could be done by mail or "over-the-counter," business license public hearings would not be necessary and the processing time would be shorter. Fee Options for Council to consider All business types would pay a $10.00 fee for a business license with an annual renewal fee of $10.00; and establish a full -cost recovery of $278.68 for business types that would require a background check with an annual renewal fee of $22.00 if there are no changes to the business. (Recommended by staff) 2. Establish full -cost recovery of $53.50 without a background investigation and an annual renewal fee of $22.00 if there are no changes to the business; and establish a full -cost recovery of $278.68 for business types that would require a background checkwith an annual renewal fee of $22.00 if there are no changes to the business. 3. Consider 75% of the full cost (75 % of $278.68 is $209.01 for new business and 75% of $22 is $16.50 for renewal) and full cost for Sheriff's investigation. 4. Consider 50% of full cost (50% of $278.68 is $139.34 for new business and 50% of $22 is $11 for renewal) and full cost for Sheriff's investigation. Maintain current business registration fee of $10.00 for all businesses with Los 5 Angeles County Business License Commission in administering the business license function. Penalties and Enforcement The City Municipal Code currently indicates any person violating any business license provision is guilty of a misdemeanor which is punishable by fine, or imprisonment in the County jail for a period not exceeding six months, or both. Currently, the business registration fee doubles every 30 days. Without a cap, the cumulative penalty fee for every 30 days would mean a penalty fee of over $20,000 in a 12 -month period for the $10 business registration fee. It is staff's opinion that the City should establish a penalty cap based on the following number of notices. A business should receive a notice to renew or register the business (first 30 -day notice), follow by a late notice (second 30 -day notice), a delinquent notice (third 30 -day notice) and a final delinquent (fourth and last 30 -day notice). A 10 percent (of the amount of license) penalty is usually added for failure to pay the license fee on the required date and for each 30 days after onto all fees are paid in full. All remedies prescribed are cumulative. Approximate Time Necessary to Process an Application Applications that would be regulatory and require discretionary review (CUP/CUP, etc.), and review of other agencies could have an estimated time of 90 days or more depending on the application's complexity. Applications that would be regulatory and do not required a discretionary review but require the review of other agencies could have an estimated time of 30 days. Direct staff to prepare an appropriate ordinance to replace the existing Title 5 in the Municipal Code in order to establish an "in-house" business license program. Pre e Nancy FIC P Community Development Director Attachment: Reviewed by le Assistant City Manager November 21, 2006 City Council Study Session Minutes Agenda ig L No. 6.1(a) STUDY SESSION: M/Tye called the Study Session to order at 5:28 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA, Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Susan Full, Senior Accountant; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Ryan McLean, Senior Management Analyst; Lauren Hidalgo, Public Information Specialist; Alfredo Estevez, Desktop Support Technician and, Tommye Cribbins, City Clerk REVIEW OF 0'0, 17 GOALS AND OBJECTIVES/INTRODUCTION OF FISCAL YEAR 2007-08 BUDGET — DISCUSSION AND CM/DeStefano asked for Council comment on the revised order of priorities and sub -items, especially with respect to communications. The only new goal is bullet #4 "Enhance the City's website to provide additional information and access to City services." C/Everett explained why he asked for re -prioritization with emphasis on communication. M/Tye said he appreciated a fresh set of eyes on the list. He would not, however, want anyone to misunderstand that he believed the number one issue in D.B. was communication because he believes the City does a good job of communicating at the Council and staff level in reaching out to the community. No one he spoke with during the recent election said anything about doing a better job of communicating. Their priorities were traffic and economic development, etc. He was disturbed about force ranking and felt it was important for the Council to stick with the goal for a "strategic plan for creating a high- quality dynamic center at the D.B. Golf Course." He wanted residents to understand it was an option that had been under consideration since 1991. CM/DeStefano said he reworded the goal in order to better focus on the overall strategic plan for the City that could include the D.B. Golf Course property. C/Chang agreed with M/Tye that the proper priority order would be transportation and economic development to determine the future and quality of life of the residents, followed by "communication." JUNE 19, 2007 PAGE 2 CC STUDYON C/Herrera said she too would prefer the order be 1) transportation, 2) economic development and 3) communication or to eliminate the numbering altogether. C/Tanaka said he would be in favor of eliminating the numbers. Discussion ensued regarding building a dynamic center in another location and the inclusion of the library. CM/DeStefano confirmed the Council's desire to prioritize the items as follows: 1) transportation, 2) economic development, move the library and golf course to the third bullet under economic development, and 3) communication. CM/DeStefano suggested #1 be renamed "traffic mitigation." Council concurred with the inclusion of consideration of a high quality dynamic center at the D.B. Golf Course. FD/Magnuson explained the Budget revisions and reserves. C/Chang asked that staff prepare a PowerPoint presentation for the next budget discussion so that Council Members could more easily follow the discussion. CDD/Fong presented a report on the possibility of bringing Business Licensing in-house instead of using L.A. County. Following her report she asked for Council direction. CA/Jenkins explained that Council has the option to decide whether it wants businesses to come to the City with new license applications. However, there are logistical reasons why the City might choose to issue renewals. If there are businesses that present the City with problems or there are defects in their licensing with the County, those can then be corrected through modification or revocation procedures. The vast majority of businesses would smoothly transition because it would reduce the logistical burden for the City taking over and without having to do 200 plus background investigations. If businesses have County licenses and the County is the City's agent, the City cannot, without some due process simply terminate a license. From both a legal and logistical standpoint the City would be better served to look at problem businesses on a case-by-case basis. CDD/Fong explained to C/Everett how the application process would be shortened if the City were to handle the licensing. She said it was virtually a duplication of effort for businesses to have to go through the public hearing process with the City and then go to the County to apply for licenses. 8 M/Tye asked how the County came up with their renewal fees. CM/DeStefano stated that staff does not know how the County calculates renewal fees; but that he felt if might be based on the cost for performing the service to generate the renewal. CM/DeStefano responded to M/Tye that there would be no additional staff required because existing staff members would absorb the various responsibilities. M/Herrera felt there would not have been problems with Scribbles if the City were in control of the licensing process. M/Tye felt the City should not be doing business registration and said he would like to have that process absorbed into the licensing process. C/Tanaka felt it would be a good service to businesses to speed up and make the entire process friendlier. C/Chang also felt that the City would have had fewer problems and avoided legal costs if it had been in control of the licensing. In his opinion, it is a must for convenience, better and more efficient government and would create an enormous bond with the business community. Bottom line is that this would help the City govern pro -actively rather than reactively. He suggested that the fee be increased to make certain the City would at least break even and not have to go back and ask for more. CA/Jenkins explained to M/Tye that there would be three tiers of licensing — 1) all businesses that are currently registered would continue to pay $10; 2) some businesses that require an additional layer of regulation, a sub -category of the businesses currently regulated by the County that would not require a hearing. Whatever the City charged for tier 2 would include the $10 business registration fee; and 3) those businesses that require a hearing, which is a very small portion of the businesses in the City. In short, the City would be doing what the County does now but in a much more simplified manner thereby streamlining the process. C/Everett agreed with C/Chang that the City should be doing the licensing and felt the renewal should be $101 or $103 because it would more likely entail about two -hours worth of work for each license on average. C/Herrera said she favored the program and increasing the charge where licensing may require background checks. CA/Jenkins stated that staff would have to come back to the City Council with a revised ordinance to make adjustments and review the matter from time to time to make sure the program was fully capitalized. JUNE 19,2007 PAGE 4. CC STUDYSESSION Discussion ensued. Council unanimously concurred to bring business licensing in-house and directed staff to prepare the appropriate ordinance to replace the existing Title V in order to establish an in-house business license program. PUBLIC COMMENTS: Nef Cortez, outgoing Chamber President, thanked staff and Council for their good work. He hoped that the Council would embrace the notion of the Regional Chamber being able to function more effectively and serve as the City's Chamber. He thanked C/Herrera for recommending funding in the amount of $24,000 because he felt the current grant was under funding the Chamber. CM/DeStefano reminded Council that it directed staff to retain the $12,000 figure in the new budget and work with the Chamber to determine the feasibility of a contribution of up to $24,000 according to a proposed scope of work. A®J WRNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:32 p.m. T MMYE ORIBBINS, City Clerk The foregoing minutes are hereby approved this day of STEVE TYE, Mayor 2007. Aaenda No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF OF DIAMOND BAR 2007SEPTEMBER 4, DIXAFT CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. INVOCATION: gave the invocation. ROLL CALL: Tem Tanaka and Mayor Tye. Sam Alacar led the Pledge of Allegiance. Pastor Bob Stebe, Northminster Presbyterian Church Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager, David Doyle, Assistant City Manager; Brad Wohlenberg, Assistant City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ryan McLean, Senior Management Analyst; Alfredo Estevez, Desktop Support Technician and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 M/Tye presented a City Tile to Randy and Yolanda Bender, owners of Dream Dinners, 365 S. Diamond Bar Boulevard as Business of the Month for September 2007. 3. PUBLIC COMMENTS: Sam Alacor asked if there were any plans for the library site at Summitridge Park. CM/DeStefano responded to Mr. Alacor that at the present time the City has no planned land use for the property formerly designed for a possible library site. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — September 11, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. SEPTEMBER 4, 2007 PAGE 2 CITY COUNCIL 91 5.2 Traffic and Transportation Commission Meeting — September 13, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting —September 18, 2007 —6:30 p.m. AQMD/Government Center Hearing Board Room, 21865 Copley Drive. CONSENT CALENDAR: C/Herrera moved, MPT/Tanaka seconded to approve the Consent Calendar. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 6.1 CITY COUNCIL MINUTES: Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None 6.1.1 Study Session of August 21, 2007 - Approved as submitted. 6.1.2 Regular Meeting of August 21, 2007 — Approved as corrected. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of July 24, 2007 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES— Regular Meeting of July 26, 2007 — Received and filed. 6.4 RATIFICATION OF CHECK REGISTER dated August 16 through August 29, 2007 in the amount of $1,351.934.05. 6.5 APPROVED PRELIMINARY TREASURER'S STATEMENT — July 2007. 6.6 APPROVED NOTICE OF COMPLETION FOR THE 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT CURB RAMP INSTALLATION PROJECT AT VARIOUS LOCATIONS THROUGHOUT THE CITY - SPECIFICALLY THE NEIGHBORHOODS SURROUNDING WALNUT ELEMENTARY SCHOOL, GOLDEN SPRINGS ELEMENTARY SCHOOL AND DIAMOND POINT ELEMENTARY SCHOOL. 6.7 ADOPTED RESOLUTION NO. 2007-55: APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS AND COSTAL PROTECTION BOND ACT OF 2002, THE WATER, SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002, AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROP 84) FOR THE DEVELOPMENT OF THE SUMMITRIDGE PARK SOUTHERN ROUTE TRAIL. SEPTEMBER 4, 2007 PAGE 3 CITY COUNCIL 6.8 ADOPTED RESOLUTION NO. 2007-56: APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM UNDER THE "SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS" FOR THE SUMMITRIDGE PARK SOUTHERN TRAIL PROJECT. 6.9 ADOPTED RESOLUTION NO. 2007-57: APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS, AND COASTAL PROTECTION BOND ACT OF 2002, THE WATER, SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002, AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVERAND CANYON PARK TRAIL PHASE IV, RESTORATION PROJECT. 7. PUBLIC HEARINGS: None COUNCIL CONSIDERATION None C/Chang reported that the Country Hills Towne Center construction was moving forward and that Starbucks would soon be holding its grand opening. H -Mart, a full service supermarket, has a grand opening scheduled for November. He also reported that Council and staff are working toward making D.B. a WiFi City. However, one obstacle is the need for the City to acquire the rights to use the Edison power poles. He wished students a safe new school year. C/Everett talked about completion of curb ramps at three elementary schools in the City at only $272 over budget due to requests over the original project cost. He thanked staff for coming in on budget and getting the project completed prior to commencement of the school session. He invited residents to attended Diamond Bar Day at the Fair on Thursday, September 13. Also on Thursday, September 13 at 7:00 p.m., the Traffic and Transportation Commission will be presenting to residents in the area of Sunset Crossing Rd. and Prospectors Rd. the Neighborhood Traffic Management Program. He thanked staff for continuing on long-standing elements such as the Neighborhood Improvement Program; he thanked the Sheriff's Department for their service to the community and for the watchful eye of a deputy who spotted a suspicious vehicle and occupants. Through professional handling of the situation the officer was able to resolve numerous burglaries in the cities of D.B. and Chino Hills. He thanked everyone for a good summer and wished students a safe and good learning school year. C/Herrera complimented staff for applying for State and Federal grants forthe City's walking trails. A resident who has enjoyed one of the walking trails said it was a very good experience and believed the City had done a good job and the fact that staff was applying for grant money would make the trails even better. She too SEPTEMBER 4, 2007 PAGE 4 CITY COUNCIL wished students a safe return to school and hoped everyone would soon be able to enjoy cooler weather. MPT/Tanaka attended the last Concerts in the Park on August 22 and the last Movie Under the Stars. This was a very successful summer program for which he thanked CSD/Rose and his staff. He attended the Seniors Luau and Dance; he and C/Chang attended Chad Renegar's Eagle Scout Ceremonies; attended the Pomona Unified School District meeting on Tuesday. MPT/Tanaka announced that the D.B.H.S. football season has begun unfortunately D.B.H.S. lost. This morning he and M/Tye attended the Public Safety Subcommittee meeting with staff and representatives from both L.A. County Sheriff and L.A. County Fire Departments; he further indicated that this afternoon he had attended the Western University of Health Sciences Thirtieth Anniversary celebration. M/Tye said that he recently took the District #21 Sanitation District's ocean tour that travels a mile off of Palos Verdes where the outflow pipe is 200 ft. below sea level. The results of the project gave him reason to be optimistic about the handling of the environment. He praised the Sheriff's Department, Fire Department and Paramedics for attempting to save Pete and Cindy Mertez's daughter Giselle. He asked everyone to keep Pete and Cindy Mertez and their daughters Venessa and Elissa in their thoughts and prayers. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 7:02 p.m. in memory of Giselle Mertez TOMMYE CRIBBINS. CITY CLERK The foregoing minutes are hereby approved this day of STEVE TYE, MAYOR 2007. MINUTES OF OF DIAMOND -•y' AUGUST 00 Agenda No. 6.2 Vice Chairman Torng called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: 1. ROLL CALL Present: Chairman Tony Torng. Absent: E 3. 9 91 Commissioner Wei led the Pledge of Allegiance. Commissioners Kathleen Nolan, Osman Wei, and Vice Chairman Steve Nelson arrived at 7:30 p.m. Commissioner Kwang Hn Lee was excused. Also present: Nancy Fong, Community Development; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Brad Wohlenberg, Assistant City Attorney, and Stella Marquez, Senior Administration Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: VC/Torng asked that Agenda Item 8.1 be considered prior to Item 7.1. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of July 24, 2007. C/Nolan moved, C/Wei seconded to approve the Consent Calendar as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee, Chair/Nelson 10117311111 Iq MR&I 5.1 Resolution of Denial for Development Review No. 2006-25 and Variance No. 2006-01 CDD/Fong confirmed to C/Wei that in order to proceed with a project, the application would, upon approval of the Resolution of Denial, file a new plan with the City and pay the appropriate fees. AUGUST 14,2007 COMMISSION C/Wei moved, C/Nolan seconded, to approve the Resolution of Denial for Development Review No. 2006-26 and Variance No. 2006-01. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 8. PUBLIC HEARINGS: None Nolan, Wei, VC/Torng None Lee, Chair/Nelson 8.1 Conditional Use Permit No. 2007-06 — In accordance with Development Code 22.36 — Sign Standards, the applicant requested to install a new freeway oriented sign to replace the existing freeway oriented pole sign at an existing service station. PROJECT ADDRESS PROPERTY OWNERS Chevron 150 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Chevron Products Co. 145 S. State College Boulevard Brea, CA 92822 APPLICANT: Tamara Fenner, RHL Design Group 2401 E. Katella Avenue #400 Anaheim, CA 92808 CDD/Fong presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng opened the public hearing. Tamara Fenner, RHL Design Group representing Chevron clarified that the site had not been demolished and was still operational. Therefore, Condition 6 on page 7 of staff's report indicating the applicant may not have i. an operating business on the site until the sign is built seems to be inappropriate to the circumstances and she asked for clarification. AUGUST 14,2007 PAGE 3 PLANNING COMMISSION VC/Torng asked if the remaining conditions were acceptable and Ms. Fenner responded that the only concern was Condition 6 as stated. Staff agreed that the applicant could continue operating uninterrupted until all conditions were met. C/Nolan moved, C/Wei seconded, to approve Conditional Use Permit No. 2007-06, Findings of Fact, and conditions of approval as listed within the resolution with the elimination of Condition 6. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VC/Torng NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee, Chair/Nelson .. RECESS: VC/Torng recessed the meeting at 7:20 p.m. RECONVENE: Chair/Nelson arrived and reconvened the meeting at 7:30 p.m. 7. CONTINUED PUBLIC HEARINGS: 7.9 CONDITIONAL USE PERMIT NO. 2007-09 DEVELOPMENT REVIEW NO. 2007-22 AND VARIANCE NO. 2007-05 — In accordance with Development Code Section s 22.58, 2248, 2254 and 22.42, the applicant requested to install a telecommunications facility #LA73XCO17. The installation consists of antenna attached to a faux elm tree commonly referred to as a "monoelm" and an equipment building to match the existing park structures. A Conditional Use Permit approval was required in order to operate a cell site; Development Review approval was required for the design/architectural review, and the Variance approval was required for the 45 foot tall "monoelm," which exceed the 35 -foot maximum height allowed for a structure. (Continued from July 24, 2007) PROJECT ADDRESS: Ronald Reagan Park 2201 Peaceful Hills Drive Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar AUGUST 14, 2007 PAGE 4 PLANNING COMMISSION APPLICANT: Sprint Nextel 310 Commerce Irvine, CA 92602 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2007-09, Development Review No. 2007-22 and Variance No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng asked if the applicant considered moving the picnic tables. CDD/Fong reiterated that moving the picnic tables would be a matter for the Parks and Recreation Commission to consider, not the Planning Commission. The Planning Commission is considering only the installation of a telecommunications facility and the project would be conditioned accordingly, that is, to move the Monoelm as far away from the basketball court, tennis court and picnic tables as possible. VC/Torng asked if the distance considered to be safe were 33 feet would it be measured on the ground or from the top of the tower. ACA/Wohlenberg responded that the 33 feet is measured linearly from the antenna arrayto the average breast height, which is four feet. He reiterated that the FCC was concerned with surface heating so that no one would be unintentionally burned by the energy being emitted from the array. He again stated that the Telecommunications Act forbids local agencies from denying a wireless facility on the basis of the perceived health effects. CDD/Fong indicated to VC/Torng that the distance from the picnic tables to the Monoelm is more than 33 feet. ACA/Wohlenberg further stated that the 33 -foot requirement pertains to a maximum power facility, which he believed this facility was not. VC/Torng found some of the packet attachments confusing because they are not consecutively numbered. When he asked for a photo simulation last meeting he was concerned about the picnic table appearing to be so close to the antenna. CDD/Fong stated that attachment 2 is missing from the July 24 staff report but as stated in the minutes, was provided to the Commission during the meeting. Attachment 5 is the development plan. Therefore, all necessary attachments were provided. AUGUST 14, 2007 PAGE 5 PLANNING COMMISSION There were no additional ex parte disclosures offered. Ed Gala, Sprint Nextel, responded to issues brought up by Commissioners and residents at the July 24, 2007, Planning Commission meeting. He elaborated on the evaluation of five sites provided by staff by Sprint Nextel. Two locations that were considered to be appropriate were Ronald Reagan Park and South Pointe Middle School. Both were approached and since the City encourages wireless facilities to locate in parks the City was very amenable to the proposed location and encouraged Sprint Nextel to proceed. Mr. Gala said that Sprint Nextel would move the location six to eight feet further away from the picnic tables and would relocate the picnic tables at their expense should the Parks and Recreation Commission deem it necessary. This facility will be broadcasting at 50 watts of power, an incredibly minimal amount of energy. In his experience when several facilities co -locate on rooftops the energy never exceeds to two to three percent of the allowable FCC limit. In short, every wireless company available could locate on this Monoelm and the total energy outputwould not approach what the FCC allows. Wireless is a marriage of two old technologies — computers and radios. The radio has been in common use since the 1920's and computers have been in common use since the 1960's. Someone expressed a concern about the benefits to Diamond Bar and the benefit of course is that this installation will provide coverage in an otherwise uncovered area. While it is true that the coverage will extend into Rowland Heights, Diamond Bar residents will benefit from this installation as well. The other benefit is the rental income to the City of approximately $18,000 per year. Mr. Gala confirmed to Chair/Nelson that the five sites considered were all existing sites for co -location. However, none would provide coverage to the non -coverage area. Chair/Nelson asked if Mr. Gala would show the map indicating the new coverage area as a result of this installation. Mr. Gala complied. Chair/Nelson asked for an example of a household 50 -watt transmission. Lisa Bartome, RSF Representative for Sprint Nextel responded that it would be less than a microwave oven in a kitchen. This is not a maximum power facility. A maximum power facility would produce about 100 watts. C/Nolan asked if Sprint Nextel had considered placing the facility on the light standard next to the basketball court comparable to Peterson Park. CDD/Fong said she believed the cell site at Peterson Park was on an AUGUST 14,2007 PAGE 6 PLANNING COMMISSION existing light pole. The light standards at Ronald Reagan Park are within the parking lot only and are about 20 to 25 feet high and may not be high enough or appropriate to the installation. Mr. Gala said the City did not want the facility placed on the light standard in the parks. The City Manager and Community Development Director signed off on design presented to the Commission this evening. The project is in conformance with all City standards. CDD/Fong pointed out that if the facility were located on a 20 - foot light standard next to a tennis court it would be quite visible and not provide adequate service. Chair/Nelson reopened the public hearing. Eric Lin, 20777 Missionary Ridge, said he did not understand the coverage gap on the map because he had no problem getting coverage inside of his home. Reggie Buhta, 20795 E. Mill Lane, said he did not understand the 10 meter issue and wondered if the fencing would have to be about 33 square feet around the Monoelm. Leegay Buhta, 20793 Rim Lane, felt that water tanks in Rowland Heights would be a better site for the antenna. He said he could not justify taking 1500 square feet out of the park area for the $1500 per month rent. He asked that the Commission postpone this hearing because a lot of his neighbors who wished to speak on this matter were on vacation. He again stated that the map indicates the coverage will benefit Rowland Heights and not Diamond Bar. He and his neighbors have no issue with cell phone coverage. He recommended that Sprint Nextel contact Walnut Valley Water District and ask about using Hill Rise Reservoir. Ronald Reagan is one of the smallest parks in the City with a flat usable area. Chuen G. Chen, 20718 E. Mill Lane, felt the park was already too small to accommodate this project and he wanted to preserve the natural beauty of the park. Michael Park, 20787 E. Mill Lane, said she moved to the area six years ago and at that time, his carrier was Cingular. As soon as he left the Rowland Heights area and drove up Fairway to Pathfinder he lost reception. He changed his service to T -Mobile and then to Verizon and has had no reception problem for the past five years. If Verizon can provide an adequate signal why cannot Sprint use the existing Verizon towers? When he saw a mockup of the proposed project he laughed aloud because it did not seem aesthetically pleasing and natural to him. Ching Chou Young, 20872 E. Rim Lane, felt mental anguish about having to took at a Monoelm in the park because it does not fit with the beauty of the City. Andy M,20826 High Country Drive, said he could not believe the Citywanted to put a facility in such a small park when there is concern about unproven health threats. He hoped the Commission would not approve this project because he and his neighbors were against the project. Stella Chen, 20718 E. Rim Lane, felt the park should be preserved for the public because she believed that if this cell site were approved visiting the park would pose a threat to children and pets. It is also an eyesore. Teresa, 20919 High Country Drive, said she was worried about health problems were this project to be installed. She said she had no problem with her cell phone service. Fay He, 20832 High Country Drive, said he understood the benefit to Sprint and the City but could not think of one benefit to the residents. Mr. Butah asked the Planning Commissioners to visit the park on Saturday afternoon and see how much use the park gets and decide whether the Commissioners would want this kind of installation in a very small community park. He also suggested that $18,000 per year for prime real estate was very low rent. Mr. Gala said thatthe coverage map is for Sprint only and FCC requires that the gap be filled. FCC's goal in doing so was to guarantee competition among providers. Mr. Gala said he was not sure where the 10 -meter standard came from. When Sprint puts cell sites on buildings they have to be six feet above where people walk and three feet away from where people walk. Nevertheless, the antenna's RAD center is at 33 feet. Sprints standard and FCC's standard is 6 feet tall and 3 feet away. There was a lot of concern about health impacts. As the Commission knows, local jurisdictions are pre-empted from consideration of health-related impacts with respect to this type of facility. The fact that individuals were allowed to speak about health issues is somewhat problematic in that the Commission may not consider the issue so it is difficult to say whether the speakers are AUGUST 14,2007 PAGE 8 PLANNING COMMISSION influencing the Commissioners. This is a "radio" and the public is bathed in radio waves. It is an old technology and low power facility. This cell site is insignificant with respect to radio waves. This site is the first choice. Co - location saves the company a lot of time because there is a landlord willing to lease to cell carrier, the facility is existing, and therefore, saves a great deal of construction money, and the jurisdiction has already approved the facility. Why would Sprint Nextel go to the expense of building a new facility if it could co -locate. Sprint Nextel evaluated all sites that were proposed by staff and none worked. Three of the five sites were existing sites. Sprint Nextel already has a site between the proposed location and the water tank in Rowland Heights. The water tank location is miles away and would not fulfill the coverage requirements. The Monoelm is a stealth installation designed to blend with the existing tree lines and Sprint Nextel has indicated it is more than willing to plant additional trees between the facility and residences to further screen the site. This type of installation is fairly common in Diamond Bar with two or three in various parks throughout the City that are very similar in design. As staff indicated, this project complies with all City standards and staff is recommending approval. He said he believed there was no compelling reason to deny this project. C/Nolan asked for a response about the economic value in exchange for service to the residents; about the perimeter of the fence in relationship to the size of the park; whether or not a light standard could be used — Mr. Gala responded that the antenna is a 12x12x12 foot triangle and therefore the stealth tree is a preferred choice to hide the antenna. Mr. Gala further responded that Sprint Nextel is not building a fence and no fence is required. Currently, the park generates zero income for the City and this installation would provide $18,000 to the City that it was not currently receiving. C/Nolan wanted to know if it was beneficial to the City and to the residents and she wanted to know what diameter of fence the City would require. CDD/Fong said that during the last Commission meeting someone recommended a fence. However, as C/Wei stated, the Monoelm trunk is wide and the likelihood of children climbing the tree would be negligible. If the Planning Commission decided to fence off the tree trunk it would be around the truck of the tree (about five or six feet). As mentioned in staff's report, the applicant will move the tree as close to the edge of the slope as possible and she did not believe children would be playing that close to the edge of the slope. With respect to fees, she does not have a copy of the lease agreement and she believed it was more than $2000 per month with a CPI increase each year. AUGUST 14, 2007 PAGE 9 PLANNING COMMISSION VC/Torng asked if Sprint was a partner with Verizon. Mr. Gala responded that Sprint is in competition with Verizon and others. VC/Torng asked why Sprint Nextel could not co -locate with Verizon, which had very good reception. Mr. Gala asked for the location of the facility that VC/Torng was referring to because staff provided five sites, none of which were acceptable. Also, all carriers have certain grid patterns with sites spaced certain distances apart. The Verizon site may be one of the sites provided by staff and is already located near an existing Sprint Nextel site. He reiterated that co -location would be the company's first choice to save construction time and money. Apparently, in this case it is not possible. VC/Torng asked Mr. Gala to work with staff to find a co -location. VC/Torng asked staff to provide the information. CDD/Fong displayed a telecommunications map of Diamond Bar. The yellow dots represent existing telecommunications facilities. Close to Diamond Bar High School existing telecommunications facilities could be Sprint Nextel, AT&T, Verizon or Cingular. The green and purple dots represent existing park areas that are available locations if carriers need to use those sites for installation of antenna facilities. In the project area there are no existing telecommunications facilities. There are co -location sites at City Hall, at the confluence of the SR57/60 and Diamond Bar Boulevard and Grand Avenue. It is up to the carrier to determine whether a co -location facility would serve its needs. VC/Torng believed the Verizon location was at Pathfinder Road and Brea Canyon Road. He asked if there was a possibility that staff could help the applicant identify the location of the Verizon installation. CDD/Fong said she believed the only Verizon installation was at Diamond Bar High School and the applicant considered that site. VC/Torng asked if the applicant was willing to look into this matter again. Mr. Gala again explained that the Diamond Bar High School site was an existing Sprint Nextel site and did not provide coverage at the proposed location. ACA/Wohlenberg explained that the coverage area could change depending on the carrier and type of equipment. Carriers operate on slightly different frequencies to avoid interference and use different technologies to encrypt and compress the signals. Tony Lee, 20836 Quail Run, talked about the technology of carriers and said that if the City was required to accommodate the federal mandate, one tree is better than three trees. AUGUST 14, 2007 PAGE 10 PLANNING COMMISSION Shawn Colmb, 20764 E. Mill Lane concurred with Mr. Lee. A speaker said as a young boy he would make every effort to climb the tree and felt a fence was important. Lisa Brookstone, Nextel/Spring, 310 Commerce, Irvine said that Sprint Nextel operates on 1900 megahertz. VC/Torng asked if there was a possibility that Sprint Nextel could co -locate with Verizon and Ms. Brookstone said that as her colleague explained Sprint Nextel would need to know the location of the existing Verizon towers. The Diamond Bar High School location was the only location provided to the applicant. Already there is co -location at that site and it will not provide coverage on Pathfinder. Mr. Gala explained to VC/Torng that Verizon is able to transmit further distances because it operates at a lower frequency. Sprint Nextel explored co -locating on the Verizon site and it does not work for Sprint Nextel. Cal, 2211 South Meadow Lane, disagreed that a tower should be located in a small park and that alternative locations should be considered. Chair/Nelson closed the public hearing. C/Nolan said she would appreciate a site visit for the Commissioners with details about the location, perimeter fencing, if proposed, and view samples of the material. VC/Torng said he agreed with C/Nolan that the Commissioners should visit the site to see how small and crowded the park can be. He believes that technology has improved and does not understand why Sprint Nextel cannot provide service like Verizon. If the Commission approves the project the residents will hate Sprint Nextel and no one will switch their service to Sprint so it would not be a good public action. Co -location would be a better option and if he is to approve the project he needs one more effort by the applicant to guarantee there is no technology to match Verizon and that there is no other co -location that could be used in place of the proposed site. C/Wei said he shared his colleague's feelings and thoughts. He felt it was possible that Verizon had the necessary site for Sprint Nextel to co -locate in AUGUST 14,2007 PAGE 11 PLANNING COMMISSION a neighboring city such as Rowland Heights instead of Diamond Bar because a co -location site would be his preference. Chair/Nelson said it was difficult to separate fact, current technology and emotions. He is not a fan of technology because one of the greatest threats to the American family and quality of life is technology. However, his beliefs do not enter into his decision. He said he believed there was a lot of emotion involved in this discussion and that some of it was unfounded given what is known about the technology of the telecommunications industry. He does not believe that if a child gets within 10 feet of an antenna his head would explode. He does not believe a fence is necessary and that it would be an eyesore. He does not believe a child will be more inclined to climb a concrete pole than they would a real tree. However, he heard what the speakers said. He does not like that fact that money was suggested as a way to overcome the emotions of the community and he believed that the Commission's job was to do what was best for the community. These types of projects come before the Commission regularly and more often than not the only people in attendance are the applicants or their representatives. What he is struggling with most is that he believed emotions were riding high in the face of what is known and what is truly the case about the health risks and the benefits. It boils down to what is best for the community and who better than the community to tell the Commission what is best. He does not want to dictate what is best for the residents. He would also like to point out that the public has brought this issue on because 99 percent of the public uses cell phones. The people's demand for technology results in these types of projects. He agreed with his colleagues that staff should not have to provide information about where the most likely co -location sites exist. The applicant should establish the co -location sites, the carriers should be able to communicate with their competitors and find out where the co -location sites existed. It is not up to staff to tell the applicant where the most likely co - locations are it is up to the applicant to communicate with its competitors. At this point, Chair/Nelson said he was not 100 percent confident that the applicant looked at all of the potential co -location sites. CDD/Fong asked if the Commission was seeking additional information regarding the application. VC/Torng felt the most important issue was whether the applicant had conducted a thorough investigation of the potential locations. He wants to hear from Sprint that they have done their best and maybe the second best location would solve the problem. The first thing is to find a co -location, change the technology to match Verizon or determine the second best location that would not infringe on a small neighborhood park. AUGUST 14, 2007 PAGE 12 PLANNING COMMISSION CDD/Fong said the Commission could ask the applicant if he wished to continue the item to allow Sprint an opportunity to investigate whether it could determine a co -location with a competitor. C/Nolan moved, VC/Torng seconded, to reopen the public hearing. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee C/Nelson asked the applicant if he was willing to investigate co -location possibilities and alternative site options. Mr. Gala responded that the applicant agrees to investigate alternative locations and co -locations, discuss options with other carriers and return to the Commission with a complete report including coverage area and effectiveness. Chair/Nelson declared the public hearing reopened. C/Nolan moved, VC/Torng seconded, to continue the matter to September 25, 2007, and to direct the applicant to investigate alternative locations and co -locations and provide a full report to the Commission that would Include site rankings in order of effectiveness. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, VClfomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Lee 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. AUGUST 14, 2007 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 9:27 p.m. Attest: okw-� " 3t6e Nelson, Chairman Respectfully Submitted, Nancy Fong CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda 4 o . 3 Meeting Date: September 18, 2007 AGENDA REPORT FROM: James DeStefano, City Man g' TITLE: Ratification of Check Register dat d August 30, 2007 through September 12, 2007 totaling $1,748,850.43. ' RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,748,850.43 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 August 30, 2007 through September 12, 2007 for $1,748,850.43 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. Z! VAWi1OVA III el'/1 Linda G. Magnuson Finance Director REVIEWED BY: a Finance Piroctor Assistant City Manager Attachments: Affidavit and Check Register — 08/30/07 through 09/12/07. 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 August 30, 2007 through September 12, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: CDBG Fund 1,257.22 LLAD #38 Fund 25,953.85 LLAD #39 Fund 34,441.93 LLAD#41 Fund 11,598.21 Capital Improvement Project Fund 1,161,870.70 $1,748,850.43 Signed: Linda G. Magnusgn Finance Director City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 8/30/2007 1 77010 JACT GIS INC IGIS SVCS -JUN 07 1 0014070 1 44000 1 3,100.001 $3,100.00 8/30/2007 1 77011 JADVANCED ELECTRONICS RADIO EQ -COMM SVCS 1 0015350 1 46250 1 1,641.591 $1,641.59 8/30/2007 77012 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS -JUN 07 0015551 1 45222 1 8,689.36 $10,661.60 8/30/2007 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS -JUN 07 0015551 45222 1,081.60 8/30/2007 77015 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS -JUN 07 0015551 45222 890.64 $660.00 8/30/2007 77013 ALBERTSONS SUPPLIES -RECREATION 001535041200 1 45310 1 58.61 $358.55 8/30/2007 ALBERTSONS SUPPLIES -RECREATION 0015350 41200 7.83 8/30/2007 77015 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 292.11 $660.00 8/30/2007 1 77014 ANTHONY'S FISH GROTTO EXCURSION -SAN DIEGO 1 0015350 1 45310 1 836.74 $836.74 8/30/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-524 001 23012 29.70 8/30/2007 1 77015 AMERICAN PUBLIC WORKS ASN TRNG-P/WORKS STAFF 1 0015551 1 42340 1 660.00 $660.00 8/30/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-575 001 23012 178.20 8/30/2007 1 77016 ARMIJO NEWSPAPER & PR AD-CONCERTS/JULY 4TH 1 0014095 1 42115 1 915.00 $915.00 8/30/2007 77017 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-524 001 23012 165.00 $1,155.00 8/30/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-524 001 23012 29.70 8/30/2007 77019 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-524 001 34650 -29.70 $64.41 8/30/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-575 001 23012 178.20 8/30/2007 77020 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-575 001 34650 -178.20 $810.00 8/30/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-575 001 23012 990.00 8/30/2007 1 77018 JALAN BALATBAT IPK REFUND-PANTERA 001 1 23002 1 100.00 $100.00 8/30/2007 1 77019 IBLUE SKY CAFE IMTG SUPPLIES-H/R 0014060 1 42325 1 64.41 $64.41 8/30/2007 1 77020 IBOOMERS EXCURSION -DAY CAMP 0015350 1 42410 1 810.001 $810.00 8/30/2007 1 77021 BURGER CONTINENTAL ISENIOR LUAU 0015350 1 45300 1 1,266.521$1,266.52 8/30/2007 1 77022 IMARYCHEN IRECREATION REFUND 001 1 34760 1 225,001 $225.00 8/30/2007 1 77023 ILUIS CONECHE JPK REFUND -DBC 001 1 23002 1 500.00 $500.00 Page 1 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/30/2007 1 77024 ICOUNTY OF LOS ANGELES JADMIN CHRGS 0014090 1 44000 1 649.271 $649.27 8/30/2007 1 77025 DAVE BANG ASSOCIATES INC PLAQUE-SYC CYN PK 1 0015340 1 46250 1 941.421 $941.42 8/30/2007 1 DOUG MARTIN CONTRACTING CO INC RETENTION PAYABLE 250 20300 -64,595.77 8/30/2007 1 77026 JDAVID EVANS AND ASSOCIATES INC ICONSUTANT SVCS-D/B GOLF 1 0015240 1 44000 1 25,000.001 $25,000.00 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 38 AUG 1385538 45500 9,144.58 8/30/2007 1 77027 DAVID RSEILER REIMB-SUPPLIES 1 0015340 1 42210 1 52.801 $52.80 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 41 AUG 1415541 45500 4,019.27 8/30/2007 1 77028 JDAY & NITE COPY CENTER PRINT SVCS -RECREATION 1 0015350 1 42110 1 450.861 $450.86 8/30/2007 177029 IDENNIS CAROL PROF.SVCS-SS/CC MTG 1 0014030 1 44000 1 200.001 $200.00 8/30/2007 1 77030 DEPARTMENT OF CONSERVATION SMIP FEES -APR - JUN 07 001 1 34350 1 1,546.18 $1,546.18 8/30/2007 1 77031 DIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -COMM SVCS 1 0015350 1 41200 1 110.00 $110.00 8/30/2007 1 77032 JDMS CONSULTANTS CIVIL ENGINEERS INC JENG SVCS -WASHINGTON ST 12505510 146411 1 12,235.001 $12,235.00 8/30/2007 1 77033 IDOG DEALERS INC ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 229.201 $229.20 8/30/2007 1 77034 DOUG MARTIN CONTRACTING CO INC SLURRY SEAL PROD -AREA 3 2505510 46411 645,957.66 $581,361.89 8/30/2007 1 DOUG MARTIN CONTRACTING CO INC RETENTION PAYABLE 250 20300 -64,595.77 8/30/2007 1 77035 DREAMBUILDER INC CONSTRCTN SVCS-WSHNGTON 1 2505510 1 46411 1 102,947.85 $102,947.85 8/30/2007 77036 ENVIRONMENTAL CONSTRUCTION RETENTION RELEASE-SYC CYN 250 20300 155,656.84 $145,733.13 8/30/2007 ENVIRONMENTAL CONSTRUCTION RETENTION REDUCTION 1 2505310 46415 -9,923.71 8/30/2007 1 77037 EVERGREEN INTERIORS PLANT SVCS -AUG 07 0015333 1 45300 1 171.601 $171.60 8/30/2007 77038 EXCEL LANDSCAPE LNDSCP MAINT-DIST 38 JUL 1385538 45500 9,144.58 $49,407.45 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 39 JUL 1395539 45500 11,261.83 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 41 JUL 1415541 45500 4,019.27 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 38 AUG 1385538 45500 9,144.58 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 39 AUG 1395539 45500 11,261.83 8/30/2007 EXCEL LANDSCAPE LNDSCP MAINT-DIST 41 AUG 1415541 45500 4,019.27 8/30/2007 EXCEL LANDSCAPE ADDL MAINT-DIST 38 JUL 1385538 42210 285.33 1 J Page 2 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/30/2007 77038... EXCEL LANDSCAPE ADDL MAINT-DIST 39 JUL 1395539 42210 270.76 $49,407.45... 8/30/2007 1 77039 IEXECUTIVE PROMOTIONAL PRODUCTS INC IPRINT SVCS -PUBLIC INFO 1 0014095 1 41400 1 939.63 $939.63 8/30/2007 1 GATEWAY COMPANIES INC COMPUTERS-I.T. 0014070 46235 10,047.44 8/30/2007 1 77040 FEDEX 1EXPRESS MAIL -GENERAL - 1 0014090 1 42120 1 348.411 $348.41 8/30/2007 1 77041 DAVID FERNANDEZ CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 1,309.50 $1,309.50 8/30/2007 77042 GATEWAY COMPANIES INC COMPUTERS-I.T 001407046230 1 44000 1 13,500.00 $25,676.17 8/30/2007 1 GATEWAY COMPANIES INC COMPUTERS-I.T. 0014070 46235 10,047.44 8/30/2007 77044 GATEWAY COMPANIES INC COMP EQ -LAPTOPS 0014030 46230 2,128.73 $44.38 8/30/2007 1 77043 GEOVEC INC IGIS CONSULTANT SVCS-JUL 1 0014070 1 44000 1 15,020.001 $15,020.00 8/30/2007 1 MICHELLE HUNT PK REFUND -DBC 001 36615 -150.00 8/30/2007 1 77044 IGRAND MOBIL VEH MAINT-NGHBRHD IMP 1 0015230 1 42200 1 44.38 $44.38 8/30/2007 1 77045 SHANNON GRIFFITHS ICONTRACT CLASS -SUMMER 0015350 1 45320 1 600.00 $600.00 8/30/2007 1 77046 IROBERT HERNANDEZ PK REFUND -DBC 1 001 23002 350.00 $350.00 8/30/2007 1 77047 HINDERLITER, DE LLAMAS &ASSOCIATES PROF.SVCS-CAFR INFO 1 0014050 1 44010 1 595.00 $595.00 8/30/2007 1 77048 IHORNBLOWER CRUISES & EVENTS EXCURSION -SAN DIEGO BAY 0015350 1 45310 1 966.00 $966.00 8/30/2007 1 77049 JAMES HUANG JPK REFUND -HERITAGE PK 001 123002 150.001 $50.00 8/30/2007 77050 MICHELLE HUNT PK REFUND -DBC 001 23002 550.00 $400.00 8/30/2007 1 MICHELLE HUNT PK REFUND -DBC 001 36615 -150.00 8/30/2007 1 77051 INDUSTRY MANUFACTURERS COUNCIL MTG-CMGR 0014030 142325 1 35.001 $35.00 8/30/2007 77052 INLAND EMPIRE STAGES EXCURSIONS-GRIFFITH PK 1125350 45310 952.00 $2,510.00 8/30/2007 1 INLAND EMPIRE STAGES EXCURSIONS -FANTASY SPNGS 1125350 45310 1,198.00 8/30/2007 INLAND EMPIRE STAGES EXCURSION-GRIFFITH PK 0015350 45310 360.00 8/30/2007 77053 INLAND EMPIRE UTILITES AGENCY PK REFUND -DBC 001 23002 1 350.00 $722.50 8/30/2007 1 INLAND EMPIRE UTILITIES AGENCY PK REFUND -DBC 001 36615 372.50 Page 3 Check Date City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Vendor Name Description I Fund/ Dept I Acct# I Amount 8/30/2007 77054 INLAND VALLEY DAILY BULLETIN LEGAL AD -BID NOTICE 0015510 42115 120.70 $4,060.80 8/30/2007 INLAND VALLEY DAILY BULLETIN AD -NOTICE TO BIDDERS 0015510 42115 102.50 8/30/2007 77056 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-263 001 23010 3,837.60 $350.00 8/30/2007 1 77055 JOHN L HUNTER & ASSOC. INC PRINT SVCS -RECYCLE 1155516 1 42110 1 1,530.001 $1,530.00 8/30/2007 KUSTOM IMPRINTS INCORP. SUPPLIES -COMM SVCS 0015350 41200 574.10 8/30/2007 1 77056 IKEITH JOHNSON ENTERTAINMENT -SR DANCE 0015350 1 45300 1 350.00 $350.00 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-449 001 23012 648.96 8/30/2007 1 77057 KATZ OKITSU & ASSOCIATES NTMP PROG-P/WORKS 0015554 1 44520 1 6,205.001 $6,205.00 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 34650 -116.81 8/30/2007 1 77058 IKEEP AMERICA BEAUTIFUL INC PROMO ITEMS -RECYCLE 1155516 1 41400 1 261.251 $261.25 8/30/2007 77059 KUSTOM IMPRINTS INCORP. PRINT SVCS -COMM SVCS 0015350 41200 436.02 $1,491.44 8/30/2007 KUSTOM IMPRINTS INCORP. SUPPLIES -COMM SVCS 0015350 41200 574.10 8/30/2007 77061 KUSTOM IMPRINTS INCORP. SUPPLIES -COMM SVCS 0015350 41200 481.32 $1,258.25 8/30/2007 1 77060 LAE ASSOCIATES INC ICONSULTANT SVCS-JUL 07 1 0015551 45221 3,110.00 $3,110.00 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 23012 64.54 8/30/2007 1 77061 ILARRY AGUILAR IPROMO ITEMS-D/B DECALS 0014095 41400 1,258.251 $1,258.25 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-449 001 23012 648.96 8/30/2007 1 77062 ILEAGUE OF CALIFORNIA CITIES ANNL CONF MTG-COUNCIL 0014010 42325 30.001 $30.00 8/30/2007 77063 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-449 001 23012 358.54 $5,985.76 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 23012 64.54 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 34650 -64.54 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-449 001 23012 648.96 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 23012 116.81 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-449 001 34650 -116.81 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 001 23012 474.00 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 85.32 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -85.32 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-363 001 23012 920.44 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 23012 165.68 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 34650 -165.68 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-363 001 23012 1,324.56 Page 4 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/30/2007 77063... LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 23012 238.42 $5,985.76 ... 8/30/2007 77067 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 34650 -238.42 $9,961.18 8/30/2007 LEIGHTON &ASSOCIATES, INC. PROF.SVCS-EN 05-500 001 23012 271.20 8/30/2007 77073 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 23012 48.82 $66.20 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 34650 -48.82 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 04-422 001 23012 895.12 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-422 001 23012 161.12 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 04-422 001 34650 -161.12 8/30/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-560 001 23012 1,092.94 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 001 23012 196.73 8/30/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-560 001 34650 -196.73 8/30/2007 77064 LOS ANGELES COUNTY PUBLIC WORKS SIGNAL MAINT-JUN 07 0015554 45507 1 491.80 $3,744.85 8/30/2007 1 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -JUN 07 0015510 1 45530 1 3,253.05 8/30/2007 1 77065 LOWE'S BUSINESS ACCOUNT SUPPLIES -DBC 0015333 1 41200 1 28.65 $338.78 8/30/2007 1 LOWE'S BUSINESS ACCOUNT SUPPLIES -RECREATION 0015350 1 41200 1 310.13 8/30/2007 1 77066 IMANAGED HEALTH NETWORK ISEPT 07 -EAP PREM 001 21115 1 144.561 $144.56 8/30/2007 MERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLE 1155515 44000 385.04 8/30/2007 1 77067 IMCE CORPORATION IVEGETATION CONTRL-JUL 1 0015558 45508 1 9,961.181 $9,961.18 8/30/2007 770611 MERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLE 1155515 41200 650.00 $1,035.04 8/30/2007 MERCURY DISPOSAL SYSTEMS INC SUPPLIES -RECYCLE 1155515 44000 385.04 8/30/2007 1 77069 TIM MINGS IPK REFUND -DBC 1 001 123002 1 100.001 $100.00 8/30/2007 77070 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 84.98 $169.96 8/30/2007 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 84.98 8/30/2007 1 77071 MUNICIPAL SOFTWARE CORPORATION IDEV SVCS -BUS DATA 0014070 1 46235 1 7,500.00 $7,500.00 8/30/2007 1 77072 GARY L NEELY 1PROF. SVCS -MAR -JUN 07 1 0015210 1 44210 1 6,480.00 $6,480.00 8/30/2007 1 77073 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 8/12 FIN 1 0014050 1 44000 1 66.201 $66.20 Page 5 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date EffNumber Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 8/30/2007 1 77074 IONTARIO ICE SKATING CENTER ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 57.601 $57.60 8/30/2007 1 77075 PATRICIA OROZCO PK REFUND-REAGAN 1 001 1 23002 1 50.00 $50.00 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 1 77076 SEAN PLUNKETT PK REFUND -DBC 001 1 23002 1 550.00 $550.00 8/30/2007 1 77077 IPOMONA UNIFIED SCHOOL DISTRICT FACILITY RENTAL -AUG 07 0015350 142140 1 1,545.00 $1,545.00 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 1 77078 REPUBLIC ELECTRIC IROAD MAINT SVCS -APR 07 1 0015554 1 45507 1 2,120.00 $2,120.00 8/30/2007 1 77079 PETER ROGERS IPROMO SUPPLIES-P/INFO 0014095 1 41400 1 242.44 $242.44 8/30/2007 1 77080 MICHELLE RUSSELL PK REFUND -DBC I 001 23002 350.00 $350.00 8/30/2007 1 77081 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 269.38 $269.38 8/30/2007 1 77082 BENJAMIN SALDUA PK REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 1 77083 ISCAN NATOA MEMBERSHIP DUES -FY 07/08 0014095 1 42315 1 75.001 $75.00 8/30/2007 1 77084 SCAN NATOA MEMBERSHIP DUES -D DOYLE 0014030 1 42315 1 75.00 $75.00 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 1 77085 IMARK SEPULVEDA JPK REFUND -DBC 001 1 23002 1 500.001 $500.00 8/30/2007 77086 SHREDFORCE PROF.SVCS-DOC SHREDDING 1 0014030 1 44000 1 161.00 $161.00 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 1 77087 EARIK SILVER PK REFUND-SYC CYN PK 1 001 1 23002 1 200.00 $200.00 8/30/2007 1 77088 SIMPSON ADVERTISING INC PRINT SVCS-P/INFO 0014095 44000 375.00 $375.00 8/30/2007 1 77089 SKATE EXPRESS JCONTPACT CLASS -SUMMER 1 0015350 1 45320 1 240.00 $240.00 8/30/2007 1 77090 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 227.88 $563.27 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 198.42 8/30/2007 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 136.97 8/30/2007 1 77091 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL SEPT 10014090 1 42140 1 21,810.601$21,810.60 Page 6 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/30/2007 1 77092 ISTUBBIES PROMOTIONS 1PROMC, ITEMS -4TH OF JULY 0014095 41400 2,249.18 $2,249.18 8/30/2007 1 77093 ITHE SAN GABRIEL VALLEY NEWSPAPER GR ILEGAL AD -NOT OF ELECTTION 1 0014030 1 42115 1 115.801 $115.80 8/30/2007 TRUGREEN LANDCARE C/WIDE MAINT-DIST 38 JUN 1385538 45500 4,072.14 8/30/2007 1 77094 ITIME WARNER IMODEM SVCS -COUNCIL 10014010 42130 44.951 $44.95 8/30/2007 TRUGREEN LANDCARE C/WIDE MAINT-DIST 41 JUN 1415541 45500 3,409.35 8/30/2007 77095 TRENCH PLATE RENTAL CO EQ RENTAL -ROAD MAINT 0015554 1 42130 1 80.001 $80.00 8/30/2007 77096 TRUGREEN LANDCARE C/WIDE MAINT-PARKS JUN 0015340 45300 7,292.98 $25,978.12 8/30/2007 TRUGREEN LANDCARE C/WIDE MAINT-DIST 38 JUN 1385538 45500 4,072.14 8/30/2007 77103 TRUGREEN LANDCARE C/WIDE MAINT-DIST 39 JUN 1395539 45500 11,203.65 $94.21 8/30/2007 TRUGREEN LANDCARE C/WIDE MAINT-DIST 41 JUN 1415541 45500 3,409.35 8/30/2007 77097 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PARKS _T 0015340 42210 1,200.00 $2,827.10 8/30/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-HERITAGE 0015340 42210 1,269.21 8/30/2007 77103 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-MAPLE HILL 0015340 42210 357.89 $94.21 8/30/2007 77098 VALLEY TROPHY SUPPLIES -RECREATION 0015350 41200 29.23 $1,034.59 8/30/2007 VALLEY TROPHY SUPPLIES -RECREATION 0015350 41200 124.48 8/30/2007 77103 VALLEY TROPHY SUPPLIES -RECREATION 0015350 41200 880.88 $94.21 8/30/2007 1 77099 ILORRAINE VELARDE jPK REFUND-PANTERA 001 1 23002 1 loo.Ool $100.00 8/30/2007 77100 VERIZON CALIFORNIA PH.CHRGS-DBC 0015333 42125 69.56 $159.06 8/30/2007 VERIZON CALIFORNIA PH.CHRGS-HERITAGE 0015340 42125 1 89.50 1 8/30/2007 77101 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 35.05 $180.61 8/30/2007 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 44.62 8/30/2007 77103 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 0.08 $94.21 8/30/2007 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 50.43 8/30/2007 77104 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 50.43 8/30/2007 1 77102 IVISION SERVICE PLAN ISEPT 07 -VISION PREM 1 001 1 21107 1 1,146.241 $1,146.24 8/30/2007 1 77103 IWALNUT HILLS FIRE PROTECTION CO SUPPLIES -GENERAL 1 0014090 1 41200 1 94.211 $94.21 8/30/2007 1 77104 WALNUT VALLEY UNIFIED SCHOOL DIST I FACILITY RENTAL-JUL 1 0015350 1 42140 1 2,000.001$4,000.00 Page 7 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 8/30/2007 1 77104... IWALNUT VALLEY UNIFIED SCHOOL DIST IFACILITY RENTAL-JUL 0015350 1 42140 1 2,000.001 $4,000.00 ... 8/30/2007 77105 WARREN SIECKE ENGINEERING SVCS -AUG 07 0015551 45222 300.00 $4,185.00 8/30/2007 1 WARREN SIECKE ENGINEERING SVCS-JUL 07 2505510 46412 3,400.00 8/30/2007 77108 WARREN SIECKE CONSTRCTN-D/B/ SHADOW CYN 2505510 46412 121.25 $28.09 8/30/2007 WARREN SIECKE CONSTRCTN-D/B/MT LAUREL 2505510 46412 121.25 8/30/2007 77109 WARREN SIECKE CONSTRCTN-D/B HGHLD VLLY 2505510 46412 121.25 $1,134.26 8/30/2007 WARREN SIECKE CONSTRCTN-D/B/GRAND 2505510 46412 121.25 8/30/2007 77106 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 147.77 $1,030.73 8/30/2007 1 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 199.51 8/30/2007 77108 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 38.97 $28.09 8/30/2007 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 644.48 8/30/2007 1 77107 IWELLS FARGO BANK IBANK CHARGES 0014090 1 42128 1 26.001 $26.00 8/30/2007 1 WEST COAST MEDIA AD -E -WASTE AUG 0014095 1 42115 1 525.00 8/30/2007 1 77108 IWELLS FARGO BANK MTGS-COUNCIL 0014010 1 42325 1 28.091 $28.09 8/30/2007 1 77109 IWELLS FARGO BANK ILEAGUE FORUM -COUNCIL 0014010 1 42330 1 1,134.26 $1,134.26 8/30/2007 77110 WEST COAST MEDIA AD -DAY AT FAIR SEPT 0014095 1 42115 1 1,050.00 $1,575.00 8/30/2007 1 WEST COAST MEDIA AD -E -WASTE AUG 0014095 1 42115 1 525.00 8/30/2007 1 77111 PAUL WRIGHT A/V SVCS-P/C,CMTG,T/D 0014090 1 44000 1 280.00 $280.00 9/6/2007 1 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 8/30 0015310 1 42130 26.75 9/5/2007 1 77112 ROTARY CLUB OF WALNUT VALLEY 1COMMUNITY ORG SUPPORT FIND 0114010 1 42355 1 500.001 $500.00 9/6/2007 1 77113 ITIM ADAMS PK REFUND -DBC 001 1 23002 1 100.001 $100.00 9/6/2007 77114 IBRAHIM ALY PK REFUND -DBC 001 23002 350.00 $350.00 9/6/2007 77115 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 8/23 0015310 42130 26.75 $53.50 9/6/2007 1 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 8/30 0015310 1 42130 26.75 9/6/2007 77116 AT&T MOBILITY CELL CHARGES -POOL VEH 0014090 42125 11.35 $34.05 9/6/2007 AT&T MOBILITY CELL CHARGES -POOL VEH 0014090 42125 11.35 9/6/2007 AT&T MOBILITY CELL CHARGES -POOL VEH 0014090 42125 11.35 Page 8 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date I Check Number) Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total 9/6/2007 77117 BELAIRE WEST LANDSCAPE IMPROVMNTS-LORBEER 2505510 46416 1 258,882.62 $232,994.36 9/6/2007 1 BELAIRE WEST LANDSCAPE RETENTION PAYABLE-LORBEER 250 1 20300 -25,888.26 9/6/2007 1 77118 BENESYST 8/24/07-P/R DEDUCTIONS 1 001 1 21105 1 431.911 $431.91 9/6/2007 1 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 214.10 9/6/2007 1 77119 IJOHN E BISHOP ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 720.001 $720.00 9/6/2007 77120 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 1 41200 1 114.75 $401.92 9/6/2007 1 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 214.10 9/6/2007 77122 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 1 41200 73.07 $500.00 9/6/2007 1 77121 ICENTER ICE SKATING ARENA CONTRACT CLASS -SUMMER 0015350 1 45320 1 189.001 $189.00 9/6/2007 1 CPSRPTC CPRS CONF-STAFF 0015350 1 42330 2,781.00 9/6/2007 1 77122 IMARIBEL CERVANTES PK REFUND -DBC 001 1 23002 1 500.001 $500.00 9/6/2007 1 77123 ITINA CHANG JC6NTRACT CLASS -SUMMER 1 0015350 1 45320 1 81.001 $81.00 9/6/2007 1 77124 CM SCHOOL SUPPLY SUPPLIES -TINY TOTS 1 0015350 1 41200 1 56.47 $56.47 9/6/2007 1 77125 CPSRPTC CPRS CONF-COMM 0015310 42330 1,854.00 $4,635.00 9/6/2007 1 CPSRPTC CPRS CONF-STAFF 0015350 1 42330 2,781.00 9/6/2007 1 77126 ID & J MUNICIPAL SERVICES INC IBLDG & SFTY SVCS-JUL 07 1 0015220 1 45000 1 40,236,381$40,236.38 $550.00 9/6/2007 1 DENNIS CAROL PROF.SVCS-PLNG COMM 0015210 44000 50.00 9/6/2007 1 77127 DAVID J. GRUNDY IP & R COMM -AUG 07 1 0015350 1 44100 1 45.001 $45.00 9/6/2007 77128 DENNIS CAROL PROF.SVCS-P&R COMM 0015350 44000 150.00 $550.00 9/6/2007 1 DENNIS CAROL PROF.SVCS-PLNG COMM 0015210 44000 50.00 9/6/2007 77130 DENNIS CAROL PROF.SVCS-PLNG COMM 0015210 44000 350.00 $12.00 9/6/2007 1 77129 DFS FLOORING CORP SUPPLIES -DBC 1 0015333 1 42210 1 451.261 $451.26 9/6/2007 1 DUNN'S FENCE COMPANY MAINT-PANTERA PK 0015340 42210 1 515.00 9/6/2007 1 77130 IDIAMOND BAR MOBIL IVEH MAINT-POOL VEH 1 0014090 1 42200 1 12.001 $12.00 9/6/2007 77131 DUNN'S FENCE COMPANY TEMP FENCE-PANTERA PK 0015340 42210 1,930.00 $2,445.00 9/6/2007 1 DUNN'S FENCE COMPANY MAINT-PANTERA PK 0015340 42210 1 515.00 Page 9 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/6/2007 9/6/2007 77132 EXCEL LANDSCAPE EXCEL LANDSCAPE ADDL MAINT-DIST 38 ADDL MAINT-DIST 39 1385538 1395539 42210 42210 2,864.63 170.61 $3,035.24 9/6/2007 77133 EXTERMINETICS OF SO CAL INC PEST CONTROL -DBC 0015333 45300 75.00 $115.00 9/6/2007 1 EXTERMINETICS OF SO CAL INC RODENT CONTROL- DBC 0015333 45300 40.00 9/6/2007 1 77134 ESPERANZA FLORES CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 390.00 $390.00 9/6/2007 1 HOMED POT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 10.74 9/6/2007 1 77135 IFRANCHISE TAX BOARD SLRY ATTCHMT-PP 16/07 1 001 1 21114 1 100.00 $100.00 9/6/2007 HOME DEPOT CREDIT SERVICES SM TOOLS & EQ -COMM SVCS 0015340 41300 895.19 9/6/2007 1 77136 GATEWAY COMPANIES INC LAPTOPS -COUNCIL I 0014030 46230 2,128.73 $2,128.73 9/6/2007 1 77137 GLOBAL LEARNING SYSTEMS ONLINE TRNG SYS -RENEWAL 0014070 1 42205 1 4,995.00 $4,995.00 9/6/2007 1 77138 ILEW HERNDON P & R COMM -AUG 07 0015350 144100 1 45.00 $45.00 9/6/2007 1 77139 HIRSCH & ASSOCIATES INC. DESIGN SVCS-SYC CYN PK 2505310 46415 1 678.561 $678.56 9/6/2007 77140 HOMED POT CREDIT SERVICES SUPPLIES -DBC 0015333 41200 27.41 $1,053.78 9/6/2007 1 HOMED POT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 10.74 9/6/2007 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 96.91 9/6/2007 HOME DEPOT CREDIT SERVICES SM TOOLS & EQ -COMM SVCS 0015340 41300 895.19 9/6/2007 HOME DEPOT CREDIT SERVICES MAINT-COMM SVCS 0015340 42210 23.53 9/6/2007 77141 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-255 001 23010 203.75 $918.75 9/6/2007 1 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2005-170 001 23010 218.75 9/6/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-197 001 23010 277.50 9/6/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-253 001 23010 218.75 9/6/2007 77142 JDC INC ADA RETROFIT -P GROW PARK 2505310 46415 1 80,700.00 $72,630.00 9/6/2007 1 JDC INC RETENTION PAYABLE -P GROW 1 250 20300 1 1 -8,070.00 9/6/2007 77143 YASMEEN KADRI PK REFUND -DBC 001 23002 350.00 $295.00 9/6/2007 1 YASMEEN KADRI EXTRA CHARGES -DBC 001 36615 -55.00 9/6/2007 1 77144 ILAC FIRE EXPLORERS POST 19 REIMB-FOOD BOOTH CNCRTS 1 0015350 1 45305 1 91.00 $91.00 Page 10 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date It! Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/6/2007 1 77145 ILANGUAGE LINK AD -ELECTIONS 0014030 1 42390 1 527.501 $527.50 9/6/2007 1 77146 JASON LEE RECREATION REFUND 1 001 1 34740 1 460.00 $460.00 9/6/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL -ROAD MAINT FY 06/07 0015554 42310 4,860.65 9/6/2007 1 77147 KWANG HO LEE PING COMM-JUN/JUL 1 0015210 1 44100 1 260.001 $260.00 9/6/2007 77148 LOS ANGELES COUNTY PUBLIC WORKS FUEL -COMM SVCS FY 06/07 0015310 42310 7,221.39 $0.00 9/6/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL -ROAD MAINT FY 06/07 0015554 42310 4,860.65 9/6/2007 77150 LOS ANGELES COUNTY PUBLIC WORKS FUEL -POOL VEH FY 06/07 0014090 42310 1,036.00 $8.00 9/6/2007 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-JUN 0015340 42210 381.74 9/6/2007 77151 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -JAN 07 0015510 45530 336.30 $20.00 9/6/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL -COMM SVCS FY 06/07 0015310 42310 -7,221.39 9/6/2007 77152 LOS ANGELES COUNTY PUBLIC WORKS FUEL -ROAD MAINT FY 06/07 0015554 42310 -4,860.65 $195.00 9/6/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL -POOL VEH FY 06/07 0014090 42310 -1,036.00 9/6/2007 77153 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT-JUN 0015340 42210 -381.74 $260.00 9/6/2007 ILOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -JAN 07 0015510 1 45530 -336.30 9/6/2007 1 77149 MITY LITE INC SUPPLIES -CITY HALL 1 0014090 1 41300 1 314.851 $314.85 9/6/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,124.50 9/6/2007 1 77150 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 0015333 1 41200 1 8.001 $8.00 9/6/2007 1 77151 JEUGENE MURAKAMI RECREATION REFUND 1 001 1 34730 1 20.001 $20.00 9/6/2007 1 77152 ISTEVE G NELSON PLNG COMM-JUN/JUL 1 0015210 1 44100 1 195.001 $195.00 9/6/2007 1 77153 IKATHLEEN ERIN NOLAN PLNG COMM-JUN/JUL 1 0015210 1 44100 1 260.001 $260.00 9/6/2007 1 77154 JOLYMPIE STAFFING SERVICES TEMP SVCS -WK 8/19 1 0015310 1 44000 1 158.881 $158.88 9/6/2007 1 77155 ITED OWENS IP & R COMM -AUG 07 0015350 1 44100 1 45.001 $45.00 9/6/2007 1 77156 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-AUG/SEPT 1 0014090 1 42125 1 851.83 $851.83 9/6/2007 77157 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21 109 14,221.20 $23,390.34 9/6/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,124.50 9/6/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 44.64 Page 11 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/6/2007 1 77158 IREiNBERGER PRINTWERKS IPRINT SVCS -BUS CARDS 0014095 1 42110 1 254.391 $254.39 9/6/2007 1 77159 1 RUTH M. LOW IP & R COMM -AUG 07 0015350 1 44100 1 45.001 $45.00 9/6/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 410.85 9/6/2007 1 77160 IDORASANTAMARIA IRECREATION REFUND 001 1 34730 1 39.001 $39.00 9/6/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 176.93 9/6/2007 1 77161 ISMART & FINAL SUPPLIES -TINY TOTS 0015350 1 41200 1 90.35 $90.35 9/6/2007 77162 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 31.74 $5,566.96 9/6/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 410.85 9/6/2007 77164 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1395539 42126 273.25 $100.00 9/6/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 176.93 9/6/2007 77165 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 150.32 $8,235.58 9/6/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015340 42126 4,523.87 9/6/2007 1 77163 IST DENIS KNIGHTS OF COLUMBUS REIMB-FOOD BOOTH 1 0015350 1 45305 1 126.001 $126.00 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-265 001 23010 215.76 9/6/2007 1 77164 ISTATE DISBURSEMENT UNIT ISLRY ATTCHMT-BY0426064 1 001 1 21114 1 100.001 $100.00 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -PUBLIC NOTICE 0015210 44220 290.24 9/6/2007 1 77165 ISULLY MILLER CONTRACTING CO IST IMPRVMNTS-GRAND AVE 1 2505510 1 46411 1 8,235.581 $8,235.58 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-267 001 23010 207.92 9/6/2007 1 77166 ITENNIS ANYONE lCONTRACT CLASS -SUMMER 1 0015350 45320 1 4,475.101 $4,475.10 9/6/2007 77167 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-249 001 23010 240.26 $1,882.88 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-265 001 23010 215.76 9/6/2007 77169 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -PUBLIC NOTICE 0015210 42115 218.70 $12.93 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -PUBLIC NOTICE 0015210 44220 290.24 9/6/2007 77170 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-271 001 23010 229.48 $26,644.06 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-267 001 23010 207.92 9/6/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-245 001 23010 232.42 9/6/2007 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2005-140 001 1 23010 248.10 9/6/2007 1 77168 ITIME WARNER MODEM SVCS -COUNCIL 1 0014010 1 42130 1 44,951 $44.95 9/6/2007 1 77169 JUNITED PARCEL SERVICE IEXPRESS MAIL -GENERAL 1 0014090 1 42120 1 12.93 $12.93 9/6/2007 1 77170 IVANTAGEPOINT TRNSFR AGNTS-303248 09/07/07-P/R DEDUCTIONS 1 001 1 21108 1 26,644.061 $26,644.06 Page 12 City of Diamond Bar - Check Register 08/16/07 thru 09/12/07 Check Date I Check Numberl Vendor Name I I ransacnon Uescrlptlon Amount I otal UneCK Amount 9/6/2007 77171 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 242.30 $600.55 9/6/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 89.75 9/6/2007 77173 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 89.50 $1,169.33 9/6/2007 VERIZON CALIFORNIA PH.SVCS-PETERSON PK 0015340 42125 89.50 9/6/2007 77174 VERIZON CALIFORNIA PH.SVCS-REAGAN PK 0015340 42125 89.50 $260.00 9/6/2007 1 77172 IWALNUTVALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-JUL 0014010 1 42140 1 280.001 $280.00 9/6/2007 WELLS FARGO BANK ILEAGUE CONF-COUNCIL 0014010 42330 1 514.60 9/6/2007 1 77173 IWALNUT VALLEY WATER DISTRICT IWATER SVCS-SYC CYN PK 1 2505310 1 46415 1 1,169.33 $1,169.33 9/6/2007 WELLS FARGO BANK MEMO CREDIT 0014030 42330 -20.00 9/6/2007 1 77174 OSMAN WEI IP NG COMM-JUN/JUL 1 0015210 1 44100 1 260.001 $260.00 9/6/2007 77175 WELLS FARGO BANK LEAGUE FORUM-COUNCIL___7 0014010 42330 1 559.26 $1,073.86 9/6/2007 WELLS FARGO BANK ILEAGUE CONF-COUNCIL 0014010 42330 1 514.60 9/6/2007 77176 WELLS FARGO BANK MTG-IS DEPT 0014030 42325 55.14 $426.46 9/6/2007 WELLS FARGO BANK LEAGUE CONF-CMGR 0014030 42330 295.05 9/6/2007 WELLS FARGO BANK FLOWERS-DOYLE 0014090 41400 96.27 9/6/2007 WELLS FARGO BANK MEMO CREDIT 0014030 42330 -20.00 9/6/2007 77177 WEST COAST ARBORISTS INC TREE MAINT-JUL 07 0015558 45509 9,141.50 $10,116.50 9/6/2007 WEST COAST ARBORISTS INC TREE WATERING-JUL 07 0015558 45510 975.00 9/6/2007 77178 JYI TONY TORNG JPLNG COMM-JUN/JUL 1 001521 1 44100 1 260.00 $260.00 9/6/2007 PP 18/07 PAYROLL TRANSFER P/R TRANSFER -07 PP 18 001 10200 154,277.33 $167,018.27 9/6/2007 PAYROLL TRANSFER 112 10200 5,931.60 9/6/2007 PAYROLL TRANSFER P/R TRANSFER 07 PP 18 115 10200 4,095.51 9/6/2007 PAYROLL TRANSFER P/R TRANSFER 07 PP 18 118 10200 1,456.61 9/6/2007 PAYROLL TRANSFER P/R TRANSFER 07 PP 18 125 10200 1,257.22 $1,748,850.43 Page 13 Agenda # 6 . 4 Meeting Date :September 18. 2007 CITY COUNCIL AGENDA REPORT X989 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: NOTICE OF COMPLETION FORT E WASHINGTON STREET CUL-DE- SAC IMPROVEMENT PROJECT. RECOMMENDATION: Receive and File. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to Dreambuilder on May 1, 2007 in an amount not to exceed $109,120.00 with a contingency amount of $11,880.00, for a total authorization amount of $ 121,000.00. The City authorized the Notice to Proceed for the Project on July 9, 2007. The project consisted of the construction of curb, gutter, sidewalk and storm drain improvements as well as pavement rehabilitation in the cul-de- sac. Dreambuilder has completed all work required in accordance with the plans and specifications as approved by the City. A final job walk was conducted on August 12, 2007, and staff is recommending acceptance of these improvements. Currently there is a small portion of the curb, gutter and sidewalk that remains to be constructed due to a conflict with an Edison Power Pole. Edison has agreed to relocate the power pole but due to schedule conflicts staff agreed to accept the work completed by Dreambuilder and City maintenance crews will complete the outstanding items once the Edison Pole has been relocated. Final construction cost of the project is $114,386.50 which is $5,266.50 over the original contract amount but within the authorized contingency. The additional cost of construction was due to additional concrete and asphalt removal and unexpected issues with the underground storm drain that created minor changes to the plan. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: September 13, 2007 REVIEWED BYs David G. Liu, Director of Public Works Attachments: Notice of Completion RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825,COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filedwithin 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 full name of the owner is Citv of Diamond Bar 3. The full address of the owner is 21825 Conley Drive 4. The nature of the interest or estate of the owner is; (If other than fee, strike "ti fee" and insert, for nueaple, `pumhaserunder contract of purchase," or'9essee' ) 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: NANIES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on August 9 2007. The work done was: Washington Street Cul -de -Sac Improvement Proiect 7. The name of the contractor, if any, for such work of improvement was Dreambuilder June 5 2007 (lfno cootratorfor work ofirnprovement as a whole, insm'fione'0 (Date ofC.nnaet) 8. 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 the terminus of Washington Street. 9. The street address of said property is "none" Dated: Veritication for Individual Owner (If ao street address bas been officiallyassigned,mae "none") CITY OF DIAMOND BAR Signature of owner or corporate officer of owner named in paragraph 2 or his ageot VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing Ctesident of', "Mmrmger of "A partner of," "Owner of," eta) notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 _, at Diamond Bar , California. (Date of signature) (City whem signed) (Personal signature of the individual who is swearing that the contents of the nofiee of completion are true) CITY COUNCIL Agenda # Meeting Date Sept. 18, 2007 AGENDA REPORT TO: Honorable Mayor and Mem' .r o he City Council VIA: James DeStefano, City Man g TITLE: AUTHORIZATION TO ENTER INTO A CONTRACT WITH KEYSER MARSTON ASSOCIATES TO PREPARE A CITY-WIDE ECONOMIC DEVELOPMENT STRATEGY FOR AN AMOUNT NOT TO EXCEED $50,000. RECOMMENDATIONS: Authorize. FISCAL IMPACT: Work shall be completed at an hourly rate (plus related expenses) for a total not -to -exceed amount of $50,000. BACKGROUND / DISCUSSION: To ensure the economic health of Diamond Bar remains secure for generations to come, the City Council has identified a series of economic development Goals & Objectives as part of the adopted Fiscal Year 2007-2008 budget. These goals include developing and maintaining new businesses that generate additional annual sales tax revenues and proactively exploring options to maximize the economic potential of underutilized commercial/retail sites in the City. With a wide variety of external market and socio- economic forces potentially impacting the Diamond Bar economy and the implementation of the Council's goals, it is appropriate to develop a detailed city-wide economic development strategy determining the necessary steps for successful projects. The development of a complete economic development strategy requires significant expertise and a lengthy track record of success with similar projects for public sector entities. With this in mind, staff recommends securing the services of Keyser Marston Associates (KMA). KMA is the premier Southern California firm specializing in economic development and retail strategies. For over thirty years, they have developed effective strategies for retail, commercial, and residential development in cities such as Brea, Chino Hills, Pasadena, and Ventura, providing the foundation for the completion of successful projects. Recognizing the significance of this plan to the future of the City, KMA Managing Principal Partner Cal Hollis (with over twenty-five years of professional experience in the field) has agreed to serve as the primary author of Diamond Bar's strategy at the City's request. To develop and establish an effective economic development strategy unique to Diamond Bar, KMA will complete the following tasks: 1. Socio -Economic Summary/Previous Study Review — KMA will use utilize demographic data to detail the makeup and characteristics of the regional and local market area. KMA will also review any and all related economic studies and data collected by or for the City and incorporate them into their findings. 2. Market Opportunity Analysis — KMA will use metrics such as general rent levels, vacancy rates, existing commercial centers, proposed developments (local and regional), hotel market analysis, and current voids in the marketplace to assess the strengths and weaknesses of the City's existing uses. 3. Site Evaluation and Opportunities/Constraints — The City has identified five potential sites for development or improvement of existing uses, including K -Mart, Honda, Site D, the Diamond Bar Golf Course, and the "trailer storage park" located on Brea Canyon Road. KMA will collect information on these sites to determine the economic development opportunities and constraints associated with each. 4. Action Plans — Based on the opportunities and constraints identified following site evaluation, KMA will provide site-specific action plans for the City to consider that accomplish the Goals & Objectives established by the City Council. KMA estimates completion of the project within nine weeks of authorization. Upon completion, the results will be neatly summarized in a series of documents outlining the market demand and proposed economic development action plans for each site. The strategy will then be presented to the City Council for review and utilized as the template for creating successful economic development opportunities in Diamond Bar. Prepared by: ,, aL Ryan Mdf ean, Senior Management Analyst Attachments 1. Keyser Marston Associates Scope of Work/Budget Estimate Proposal IUYSER MAMTON ASSOCLkTES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT ADVISORS IN: September 11, 2007 REAL ESTATEEp REDEVELOPMENT AFFORDART HOUSING ECONOMIC DEVELOPMENT SANFRAFRANCISCOA. Jim DeStefano A. JERKY KEYSfR J TIMOTHY C. KELLY City Manager KATE EARLE FUNK City of Diamond Bar DEBBIE M. KERN ROBERT 1. WETMORE 21821 East Copley Drive Diamond Bar, California 91765 LDS ANGELES CALVIN E. HOLLIS. 11 KATHLEEN H. HEAD JAMES A. RARE Re: Diamond Bar Economic Development Strategy PAUL C. ANDERSON GREGORY D. Soo HOD KEVIN C ENGSTROM Dear Jim: JULIE L. ROSARY SAN DIEGO Keyser Marston Associates, Inc. is pleased to submit this letter proposal to assist the cERnID MTEUMA RRA A PAULLG MARRCity in developing an economic development strategy. Attached please find a scope of work and budget estimate for the work we discussed. We appreciate the opportunity to submit this proposal and look forward to working with you. Sincerely, KE�YSER MARSTON ASSOCIATES, INC. Cal Hollis Managing Principal Attachment 500 SOUTH GRAND AVENUE, SUITE 1480 > LOS ANGELES, CALIFORNIA 90071 > PHONE 213 622 8095 > FAX 213 622 5204 0709019.KMA:CEH:gbd gssgo.oag.goz WWW.KEYSERMAP,STON.COM - PROJECT SCOPE The City of Diamond Bar (City) requested Keyser Marston Associates, Inc. (KMA) to assist in the preparation of an economic development strategy. The City has identified a limited number of underutilized commercial sites in the City, and is interested in becoming proactive to assure the sites contribute to the fullest extent possible to the economic health of the City. Additionally, the City has asked for an evaluation of the opportunities and constraints for the potential reuse of the Diamond Bar Golf Course and to determine the demand for regional serving retail and commercial uses. To address these issues, KMA proposes the following tasks: Socio -Economic Summary and Previous Study Review - As a preliminary step, KMA will review any salient studies previously conducted for or by the City. KMA will also detail the makeup of both the regional market area, as well as a market area for more local serving retail uses in terms of demographic and economic characteristics. The data for this task will be obtained through private firms specializing in demographic data. 2. Market Opportunities Analysis - KMA will provide a brief overview of the regional and local serving market characteristics. The analysis will identify general rent levels, vacancy rates, recent transactions, existing commercial centers, voids in the marketplace and proposed developments. In addition, the overview will consider the potential surplus or leakage of retail sales currently being generated both in the City and the market area(s). KMA will also prepare a preliminary assessment of the local and regional hotel market to determine the potential for hotel development. Sources of this information include brokers active in the area, real estate market reports prepared by real estate service corporations and private data suppliers. Based on the information compiled, KMA will evaluate the strengths and weaknesses embodied by existing uses in the community. 3. Site Evaluation and Opportunities and Constraints - For each of the five development sites, KMA will prepare specific information concerning ownership, tenants, condition of improvements and obsolescence of the improved properties. Based on the assessment of market conditions and the specific site characteristics, KMA will identify the opportunities and constraints associated with each site. Diamond Bar Golf Course — With regard to this property, KMA will advise as to the near- and mid-term development demand characteristics assuming a regional commercial/retail use. A relocation feasibility study is not included in this scope of work 0709019.KMAZEH:gbd 99900.000.002 4. Action Plans — For each site in which development is indicated, KMA will identify the specific actions the City can consider to encourage development that is consistent with the City's economic development objectives. Project Deliverable — The findings of the KMA analysis will be summarized in a series of memoranda depicting the market demand, opportunities and constraints, and an economic development action plan. MEETINGS For the purposes of this analysis, KMA assumes we will be required at the following meetings: 1. Project Kick -Off — 1 Meeting 2. Market Analysis — 1 Meeting with City Staff 3. Opportunities and Constraints —1 Meeting with City Staff 4. Economic Development Action Plan — 2 Meetings with City Staff 5. Council Presentation —1 Meeting Any additional meetings will be billed on a time -and -materials basis in accordance with the attached fee schedule. PROJECT BUDGET AND SCHEDULE The work will be undertaken on an hourly rate and expenses basis with a not -to -exceed budget of $50,000. The proposed scope of services would be managed by Cal Hollis, a Managing Principal in the Los Angeles office, with Kevin Engstrom, Principal, in charge of the day-to-day activities on the project. The assignment will be completed within nine weeks of receiving authorization to proceed. O709019.KMA:CEH:Obd 99900.000.002 FIRM DESCRIPTION AND CONSULTING APPROACH KMA is a consulting firm with offices in Los Angeles, San Francisco and San Diego. KMA serves a diverse client base throughout the western United States, including local, county and state government, as well as large scale institutional clients, pension funds and developers. The Los Angeles office provides hands on consulting services to a wide range of government agencies, primarily redevelopment agencies in Southern California. Uniquely, KMA combines its real estate advisory services with a range of financial services including the projection of public revenues, fiscal impact analyses and economic analyses of alternative land use options and asset management strategies. Additionally, the firm has extensive experience in the use of public financing as part of the development process. The real estate consulting services provided by KMA typically fall into four general areas. They are: Market Feasibility - KMA has undertaken feasibility studies for clients ranging from department stores to numerous public agencies. While the purpose of these studies varies considerably, the essence is to identify the basic demand for the use being tested, an essential component in the decision making process. The Los Angeles office has undertaken numerous commercial, retail and housing market opportunities assessments, and has assisted public agencies in the identification of mid- to long-term asset management strategies. Financial Feasibility - The use of pro forma financial analyses to evaluate the financial feasibility of a wide range of projects is a strength of KMA. These financial feasibility analyses are typically geared toward providing KMA's public clients with a perspective on the private sector development economics for proposed projects. This is often a key factor in identifying the value of public properties and/or the need for agency assistance. Disposition Consulting - This service covers a broad spectrum, in which KMA assists clients in the disposition of real estate holdings. KMA has taken an active role in the negotiations process leading to numerous DDA's, OPA's and ground leases. Financial Consulting - KMA has been engaged by numerous public agencies to act as fiscal consultant in the issuance of tax allocation bonds. In addition, KMA has provided financial services to public sector clients ranging from property tax increment projects to loan structuring for the implementation of various projects. 0909019.KMA:CEH:gbd 99900.000.002 Keyser Marston Associates Relevant Experience Station Site Analyses - Metropolitan Transportation Authority KMA evaluated six station sites in Hollywood and the Wilshire Corridor. KMA prepared highest and best use analyses for these sites that take into account the surrounding land uses, existing entitlements, public concerns and desires as expressed through the council office in addition to market realities. In addition, KMA identified financial feasibility, short-term versus long-term development potential, and disposition and development strategies. Contact: Ms. Carol Inge, Director -Rail & Busway Planning/Joint Development Los Angeles Metropolitan Transportation Agency (213)922-3056 City of Anaheim — West Anaheim Specific Plan KMA assisted the City of Anaheim in the preparation of a community based specific plan for the West Anaheim area. KMA reviewed demographic characteristics of the area and the existing land uses. KMA concluded that the area has an over abundance of commercial uses, and has assisted in a reformulation of land uses designed to strengthen the retail land uses. This is to be accomplished by consolidating retail activities and re -designating some of the excess retail land to residential use. Other excess land is to be targeted to local service industries, manufacturers and other small businesses. Contact: Ms. Lisa Stipkovich, Executive Director Anaheim Redevelopment Agency (714)765-4300 Carson Street Corridor - City of Carson KMA is assisting in the development of a specific plan for the Carson Street Corridor in the City of Carson. The analysis included a brief overview of the socio-economic characteristics of the market area and an identification of the land uses best suited for the Corridor. Working with the project team, KMA then evaluated the feasibility of alternative development types along the Corridor. The KMA feasibility tests included for - sale, for -rent and mixed use developments at varying density levels. Contact: Mr. Jeff Westbrook, Project Manager City of Carson (310)233-4800 0709019HMA:CEH:gbd 99900.000.002 Downtown Ventura - City of San Buenaventura KMA assisted in the development of a specific plan for the Downtown area of the City of San Buenaventura. KMA completed a market evaluation for residential, retail and commercial uses in the area. As part of the market analysis, KMA identified market opportunities and provided productivity ranges for the land uses evaluated. Working with the City, KMA helped identify target markets for commercial and residential uses. Finally, KMA tested the development feasibility of proposed residential density levels in the Downtown area. Contact: Mr. Sid White, Economic Development and Revitalization Manager City of San Buenaventura (805) 677-3934 Central District Specific Plan - City of Pasadena KMA assisted in the development of a specific plan for the Central District area of the City of Pasadena. KMA completed a market evaluation for residential, retail and commercial uses in the area. As part of the market analysis, KMA identified ranges of development potential. KMA and the Specific Plan team identified target markets for commercial and residential uses, and developed an implementation plan for the area. Contact: Ms. Laura Dahl, Senior Planner City of Pasadena (626)744-6767 Downtown Brea - City of Brea This 300,000 square foot mixed-use retail, residential and entertainment project resulted in the creation of a new "downtown Brea." Broadly received as a prototypical "smart growth" project, the development includes two multi -screen theater complexes, 40 residential loft apartments, and 160,000 square feet of retail and restaurant space developed in an infill, pedestrian environment. KMA has worked with the Agency throughout the conceptualization and implementation of the project. Services included market feasibility, developer selection, development agreement negotiations, financial feasibility of commercial and housing components, preparation of reuse valuation reports and 33433 reports. Contact: Mr. Eric Nicoll, Economic Development Director City of Brea (714)671-4485 0709019.KM :CEWgbd 99900.000.002 CALVIN E. HOLLIS, II Managing Principal Mr. Hollis, a Managing Principal of Keyser Marston, has managed the Los Angeles office since joining the firm in1982. With a background in both public finance and real estate economics, Mr. Hollis has advised the firm's West Coast clients in some of the regions most complex public/private transactions. Key Role Mr. Hollis has served as the principal real estate advisor to public and institutional clients ranging in size from the City of Los Angeles to the City of Santa Cruz for more than twenty years. Clients include cities and counties, non-profit medical institutions, educational institutions and Tribal councils. In his role as advisor, he is often asked to reconcile the needs of his public and institutional clients with the economic realities of the private real estate market. Projects have included the Paseo Colorado in Pasadena, Grand Avenue in Downtown Los Angeles, the new Downtown Brea in Orange, and the Americana at Brand, a development of Caruso Affiliated in Glendale California. His experience in a wide variety of communities and institutions with the most active real estate development groups in the West has proven invaluable to the firm's clients. Specific Areas of Expertise Public/Private Real Estate Development Analysis and Negotiations Critical to the success of public private transactions is the understanding of the particular requirements of the public sector in implementing development projects. The ability to understand the local public environment, the resources available to the public sector and the alternative ways of bringing such resources to bear has allowed Mr. Hollis to successfully negotiate a wide variety of publicly sponsored real estate transactions. The ability to articulate complex real estate structures in a public forum and among public policy makers is a particular strength. Professional Credentials Mr. Hollis is a member of the Urban Land Institute, is currently a member of the Public Private Partnership Council of ULI. He is a past board member of the Los Angeles Economic Development Corporation, serves as a special advisor to the Board of Directors of the California Redevelopment Association (CRA), an instructor in the CRA Institute in both real estate financial analysis and developer selection, and serves as treasurer of the Pasadena Educational Foundation and a member of Lambda Alpha. Mr. Hollis is a frequent speaker before such organizations as the Urban Land Institute, the CRA and the California League of Cities and has served as a guest lecturer at the University of Southern California and University of California, Los Angeles. Mr. Hollis holds a bachelor's degree in economics from California State University, Los Angeles. 0I09019XW:CEH#d 99900,000.002 KEVIN ENGSTROM Principal For over 10 years, Mr. Engstrom has provided public and private clients with real estate and financial expertise. Working from KMA's Los Angeles office, he provides public and private sector clients with services in the following areas: market and financial feasibility studies, fiscal impact analyses, economic revitalization consulting, financial modeling, developer selection and disposition consulting. Work Experience During his tenure at Keyser Marston, Mr. Engstrom has conducted a number of market and feasibility studies for cities throughout California. For these analyses, Mr. Engstrom assessed current market conditions, projected future demand for residential, retail, office, industrial and hotel development, tested the financial feasibility of prototypical projects, and prepared implementation strategies. Project examples include: • Pasadena Central District Specific Plan • Downtown Ventura Specific Plan • West Anaheim Specific Plan • Shaw Avenue Market Study, Clovis • San Sevaine Economic Development Strategy • Brea General Plan Update • La-Canada-Flintridge Downtown Plan • Central Long Beach Strategic Plan • Whittier Boulevard Master Plan • Yucaipa Corridor Specific Plan In addition, Mr. Engstrom has consulted in all areas of the disposition process for redevelopment projects and surplus properties for public agencies. His experience includes project planning, preparing and evaluating Requests for Proposals and Qualifications, developer selection, negotiation support and financial feasibility analyses for cities throughout the State, including Los Angeles, Anaheim, Brea, Glendale, Long Beach, Poway, Pasadena and Monterey Park. Mr. Engstrom has also provided market and financial services for over 50 hotel projects throughout California, including the Beverly Hills Montage, Huntington Beach Grand Hyatt, Anaheim Doubletree and the Glendale Embassy Suites, Professional Credentials Mr. Engstrom is a member of the Urban Land Institute, the California Redevelopment Association (CRA) and the International Council of Shopping Centers. For the past four years he co -instructed the Basic Pro Forma Class at the CRA's Redevelopment Institute in Southern California. Mr. Engstrom has also served as an instructor at California State University, Fullerton in the Geography department. Mr. Engstrom earned his master of arts from the University of Arizona and his bachelor of arts from Villanova University. 0709019.NMA:CEH:gbd 99900.000.002 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA 9/SUBJECT: Wi L/ CITY CLERK--- DATE: IT YCLERK--- DATE: % °.._3. PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m,, name and address as written above. a LLr$f Signature ® VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL r '4,o TO: CITY CLERK FROM: G j \� ^. DATE: 'l' 17 ADDRESS: 2 �' Sb tic v '\ �., PHONE: i ` -A 2 o ORGANIZATION: P AGENDA #/SUBJECT: � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature Fio�l VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL V TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK A DATE: PHONE: I expect to address the Council on the subject agenda item,2 Please have the Council Minutes reflect my name and address as written above. re -411-