HomeMy WebLinkAbout10/02/2007City Council / Agendo CItT\ Tuesday, October 2, 2007 5:00 p.m. — Closed Session CC -8 5:15 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 Pro Tem Jack Tanaka Council Member Wen 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 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. 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. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted 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 access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through 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 1 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 October 2, 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 ► Government Code Section 54956.9(a) — Pending Litigation — (1 Case) People of the State of Calif. v. Ratan Hospitality, LLS Scribbles) Case No. BC351925 STUDY SESSION: 5:15 p.m., Room CC -8 ► SR60/Lemon Avenue Interchange Improvements Update ► Business Licensing Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: James Price, Sr. Pastor, Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Introduction of Dr. Cynthia Simms, Walnut Valley Unified School District Superintendent. October 2, 2007 PAGE 2 1.2 Certificate of Recognition to Beth House for Winning The Whirlpool Third Annual "Mother of Invention Grant Rewards Innovation and Ingenuity of Mom Entrepreneurs" Award. 1.3 Proclaiming October, 2007 as "Fire Prevention Month". BUSINESS OF THE MONTH: '1.4 Presentation of City Tile to Diamond Bar Hand Car Wash, 2845 S. Diamond Bar Blvd., as Business of the Month, October, 2007. 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 tcompletion of this form is voluntary) There is a five-minute maximum time limit when addressing the City Council 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Lorbeer Middle School Re -Dedication, October 8, 2007 — 10:00 a.m., Lorbeer Middle School Field, 501 S. Diamond Bar Blvd. 5.2 Planning Commission Meeting — October 9, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 Traffic and Transportation Commission Meeting — October 11, 2007 — 7:00 P.m., AQMD/Government Hearing Board Room, 21865 Copley Dr, 5.4 City Council Meeting — October 16, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. October 2, 2007 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session Minutes of September 18, 2007 — Approve as submitted. (b) Regular Meeting of September 18, 2007 — Approve as submitted. (3.2 Planning Commission Minutes of August 28, 2007 - Receive and file. 6.3 Traffic and Transportation Commission Minutes: (a) Regular Meeting of June 14, 2007 - Receive and file. (b) Regular Meeting of July 12, 2007 — Receive and file. 6.4 Ratification of Check Register — Ratification of Check Register dated September 13, 2007 through September 26, 2007 totaling $723,778.33. Requested by: Finance Department 6.5 Approval of Preliminary Treasurer's Statement - August 2007. Recommended Action: Review and Approve. Requested by: Finance Department 6.6 Adopt Resolution No. 2007 -XX: Requesting the Los Angeles County Flood Control District to Accept the Transfer and Conveyance of Storm Drain Improvements Known as Private Drain No. 1747 in the City of Diamond Bar For Future Operation, Maintenance, Repair and Improvement and Authorize the Transfer and Conveyance Thereof . Recommended Action: Adopt. Requested by: Public Works Department 6.7 (a) Award of Construction Administration Services Contract to Norris-Repke for Prospectors Rd. Street Rehabilitation Project in the Amount of $78,560 and Authorize a Contingency Amount of $8,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization of $86,560. Recommended Action: Award. October 2, 2007 PAGE 4 (b) Approve Plans and Specifications and Award the Construction Contract for the Prospectors Rd. Street Rehabilitation Project to RJ Noble Company in the Amount of $644,000; and Authorize a Contingency Amount of $65,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $709,000. Recommended Action: Approve and Award. Requested by: Public Works Department F3.8 Approve Sanitary Sewer Management Plan (SSMP) Development Plan and Schedule as Required by State Water Resources Control Board (SWRCB) Order No. 2006-003. Recommended Action: Approve. Requested by: Public Works Department 6.9 Acceptance of Work Performed by Belaire-West Landscape, Inc. for Construction of Improvements at Lorbeer Middle School to the Football Field, Track and Slope; Direct the City Clerk to File the Notice of Completion, Release the Retention Thirty -Five Days after the Recordation Date; Approve Increase in Contract Amount in the Amount of $5,166.36 for Additional Construction Costs; and Approve Appropriation of $20,166.36 in Park Development Funds in the FY 2007108 Budget for this Project. Recommended Action: Accept; Direct; Authorize; Approve and Appropriate. Requested by: Community Services Department 6.10 Acceptance of Work Performed by JDC, Inc. for the Construction of ADA and Park Improvements at Paul C. Grow Park and Direct the City Clerk to File the Notice of Completion and Release the Retention Thirty -Five Days after the Recordation Date. Recommended Action: Accept; Direct; and Authorize. Requested by: Community Services Department October 2, 2007 PAGE 5 13.11 Authorize the City Manager to Enter into a Professional Services Agreement with Conexus for Providing Consulting Services to Prepare the City's Housing Element Update as Required by Government Code Section 65588, for a Total Contract Amount of $43,430 Plus a Contingency of $6,570 for a Total Authorization of $50,000. Recommended Action: Authorize. Requested by: Community Development Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8..1 Approve Traffic Calming Concept Plan Along Sunset Crossing Rd. Between Diamond Bar Blvd. and Prospectors Rd. and on Prospectors Rd. Between Sunset Crossing Rd. and Golden Springs Dr. and Authorize Staff to Proceed with the Preparation of Design Plans. Recommended Action: Approve. Requested by: Public Works Department 8.2 Appointment to Planning Commission by Council Member Herrera. Recommended Action: Appoint. Requested by: Council Member Herrera 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session #1 SIR 60/Lemon Ave Interchange Improvements City Council Study Session October 2, 2007 m JACOBS SIR 60/Lemon Ave Interchange Improvements SIR 60/Lemon Ave Interchange Improvements ' i +ddb _ � i • , Y , .£ '``' X &... , � 9 �' M.• l; s� ! c '� `" ha s L I�� Y� t+ � ( 1 p � �r� � L� l i' ,L ['. t` _ � YS i.� �Y - •, � ,r�" ,� yy +tom ut TL .=i ,+ .r -rte s, is 0 Ism g` ♦ ` 1 g p' ` F . �.- 4:L C f, L' maim— r w AMOP Ar y , 11;�i �.„ �` �' -� moi• •" ;� � } �"s1' �" M " i a r n 1 { r x Alternatives Under Consideration Construction Cost Estimates Project Funding Sources m •jam b�' ]�R a� 'f�.8" . $ !i' �t�M .we... $ Y - i -" e� n. a 'e i ,>a gg f 3 sFanr.+ wvu A , -� t 5 r VJ t JE Alternative Evaluations Alt. I Pros Cons 1 *No impact to right of way *Existing interchanges can't handle 2030 projected traffic 0 N temporary impact to businesses *Bottleneck on Golden Springs Dr 0 N temporary impact to traffic *Potential Loss of project fundings 2 *Low construction cost *Partial interchange *Concur with freeway agreement •Closure of Banning Way •Low impact to right of way 16 No improvement on SR 60 — Temporary Construction Easement *Will not use 100% of available project fundings (for grading, retaining walls and soundwalls) *Eliminate existing parking spaces for the office building 3 •Safety improvement on SR 60 *Partial interchange •Eliminate Golden Springs Dr bottleneck *Impact to right of way *Intersection Improvement —6 partial takes —Golden Springs Dr / Lemon Ave —Temporary Construction Easements —Golden Springs Dr / Brea Cyn Rd (for grading, retaining walls and soundwalls) *Sufficient project funding *Businesses impact during construction *Reduce Truck Routes within City limits 4 Full service interchange :Safety •Non-standard shoulder on the service road improvement on SR 60 *Major right of way impacts •Eliminate Golden Springs Dr bottleneck —23 partial takes *Intersection Improvement —Temporary Construction Easements —Golden Springs Dr / Lemon Ave (for grading, retaining walls and soundwalls) —Golden Springs Dr / Brea Cyn Rd • Highest Cost / Insufficient project funding *Reduce Truck Routes within City limits *Businesses impact during construction ON jr r • 1 . _af K #712% w. Ll 9 t r �s a 4r` rg. • Us All n 6 SIR 60/Lemon Ave Interchange Improvements rinstruction 5taaina - x SIR 60/Lemon Ave Interchange Improvements Soundwall Locations (Alternative 3) JE .: SIR 60/Lemon Ave Interchange Improvements Inca ni na Areas (Ac SIR 60/Lemon Ave Interchange Improvements_, PUbli-C T WN , a S' `l T7', i " IWA i ,5. i pp q v' i, SIR 60/Lemon Ave Interchange Improvements Project Schedule .. 7� Project Kick-off Meeting 11/2005:: .............................................................................................. y. .......................• Public Scoping Workshop 4/2006 ....................................................................................................................... i Circulation of Draft ED 11/2007 ..............................................................................................:......................... 'Selection of a Preferred Alternative 1/2008' ..............................................................................................ti.......................... Project Approval 3/2008 ................................................................................................................ Begin Final Design 4/2008 .. ................ Final Desi n Approval 9/2009 g ........................................................................................{.......................... Bidding& Awarding Contract 2/2010 . �Construction Completion ............... 2/2012 Question & Answer INTEROFFICE MEMORANDUM Study Session #2 EMMaxn snit COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Mayor and Members of the City Council FROM: Nancy Fong, Community Development Director lk MEETING DATE: October 2, 2007 SUBJECT: Proposed Business License Ordinance and Fees for Discussion Due to time constraint, the Council did not have sufficient time to discuss the proposed business license ordinance and the fees. The subject matter is scheduled for October 2, 2007„ study session for further discussion. Attached is a cleaned -up version of the ordinance with minor corrections in typos, formatting and numbering. Attachments: 1. September 18, 2007 Study Session Staff Report 2. Draft Business License Ordinance 3. Draft Fee Resolution 4. June 19, 2007 Study Session Staff Report and Minutes Agenda # Study Session Meeting Date: September 18, 2007 CITY COUNCIL f�t�>RpoAGENDA REPORT TO: Honorable Mayor and Members f the City Council VIA: James DeStefano, City Man ge 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 :,ode (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 2 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 G. Review and approval d. Establish grounds of denial of business license. e. Effects of business license denial 4 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. 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 - 5 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. IS] CONCLUSION With the implementation of the new business license program, the business community will find Diamond Bar process is easier, faster and less expensive. Pteparec�"jy Nancjr Fong, AICP Commun Deve pment Director Attachment 1. Draft Business License Ordinance 2. Proposed Fee Resolution 3. June 19, 2007, Study Session Report and Minutes 7 ORDINANCE NO. XX (2007 -XX) 2 DRAFT AN ORDINANCE OF THE 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 with a new Title 5 to read as follows: Title 5 Business Licensing Chapter 5.00. Business Licenses Generally Section 5.00.010 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 and obtains a license 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 residential dwelling unit or structure, 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 with or used in any business. Section 5.00.020 Purpose. The purpose of this Title 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 5.00.030 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 City. 2 b. Fee 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 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 adjust the business License fee to reflect the City's costs. e. The following businesses are exempt from paying the business license fee upon satisfactory proof that the business meets the requirements for the exemption: 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, holds out, or represents that such person is conducting business in the City, or when a person holds an active license or permit issued by a government agency indicating 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 for purposes of this Title. Section 5.00.040 General Application Procedures. a. Applications for a business license shall be filed with the City and shall comply with the following requirements: Completion of an application on the form designated by the City and signed by the applicant under penalty of perjury; 3 2. Applications shall be filed a minimum of thirty days prior to the date requested for issuance of the permit; Payment of the applicable filing fee; and 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 the required fee. 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 premises to be occupied meet the requirements of federal, state, and/or local laws. C. Contents of General Business License Application. 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); J. Description of the business being conducted; K. Days and hours of operation: L. Start date; M. Type of ownership; N. Owners or principal officers; Q. 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 U. Such other information as may be required by the application form or requested by the City for enforcement and administration of this Title. 4 Section 5.00.050 Contents of a Business license. 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: a. Type of business; b. Name of business; c. Business location; d. Business owner; e. Expiration date; f. Business license number; g. Amount of fee paid for business license; and h. Such other information as deemed necessary by the City. Section 5.00.060 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 delinquent business license fees set forth in Section 5.00.070. Late renewal applications will not be processed until the applicant has paid all required fees. Section 5.00.070 Delinquent Business License Fee and Action to Collect a. Delinquency Fees. Any person engaging in business in the City who fails to pay the appropriate business license fee shall be subject to the following: 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. 5 2. For person's conducting business without having obtained a business license, the required fee shall be doubled 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 provided that the total amount of fee and the late fee combined shall not exceed $500. 3. For failure to pay the annual renewal fee when due, the required fee shall be doubled 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 delinquent fee, an additional amount shall be charged equal to the cost incurred by the City in collection of the fee, including reasonable attorneys fees. Section 5.00.080 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 5.00.090 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 delinquent fees collected shall be refundable. 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 6 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 under 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. 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. 7 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 Title, 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 Title 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 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 tenninate 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. If a licensee learns that such a policy of insurance will be or has been canceled, such licensee shall notify the Director within three days of such notice. If a new policy of insurance acceptable to the Director 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 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 Director 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; 5. It shall be provided by an insurer satisfactory to the City of Diamond Bar; and 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 Supplemental Procedures Required for Specific Businesses Section 5.04.010 Investigation of Specific Businesses a. Upon receipt of an application for one of the following businesses, the Director or his or her designee shall conduct an investigation and criminal background check on the applicant and may obtain reports from the Sheriff's 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: 10 1. Acupressure and acupressure technicians 2. Adult oriented businesses (as defined in Section 22.80.020 of this Code) 3. Alarm systems 4. Alcoholic beverage sales (off-site consumption) 5. Bars and nightclubs 6. Computer services/network gaining center (as defined in Section 22.80.020) 7. Entertainment Establishments 8. Firearm Dealers 9. Indoor amusement/entertainment facilities (as defined in Section 22.80.020) 10. Massage establishments and massage technicians 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 5.04.020 Application a. In addition to the application requirements listed 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; 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; 11 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 5.04.030 Investigation Once a completed application for one of the businesses listed in Section 5.04.010 is received and the applicant pays the prescribed application fee, the Director 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 5.04.040 Review and Approval Business license applications for businesses listed in Section 5.04.0 10 shall be subject to the approval of the Director or his or her designee. Section 5.04.050 Grounds for Denial of Business License a. Except as otherwise provided in this Title, the Director 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, 12 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 5.04.060 Effect of Business License Denial 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 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 provided Section 5.04.080. Section 5.04.070 Conditions of Approval a. Right to Condition New License. The Director, 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. 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 this Chapter. Section 5.04.080 Appeal. a. 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 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 13 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 specifically finds that the public health and safety is endangered, in which case the decision shall take effect immediately. Section 5.04.090 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. 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. The licensee or legal representative of the licensee shall have the right to bring witnesses to testify on his or her behalf. b. Hearings need not be conducted according to technical rules relating to evidence and witnesses. 14 e. 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: a. 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; b. 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; C. 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; d. 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.- e. ctivity; e. That the licensee has failed or refused to notify the City of any change in facts as required by this Title within ten days after such change; f. 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; g. 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; h. The licensee, manager or employees have failed to control the actions of the businesses' patrons in and immediately adjacent to the business premises; or i. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public. 15 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 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 Operating Requirements for Specific Businesses Regulated Section 5.08.010. Acupressure 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. In the event the applicant is not the owner of record of the real property upon which the adult business 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 business is or will be located on 16 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 business is or will be located. Proof that the applicant has complied with Section 22.42.020 of this Code. C. Notwithstanding the provisions of this Title, the Director shall approve an application for an adult oriented business unless he or she finds that one of the grounds for denial set forth in Section 5.04.050 exist. The Director shall approve or deny an application for an adult business license within 30 days of the filing of a complete application. d. 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. e. In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct the business during the pendency of any appeal. L Notice of the public hearing on the appeal shall be given as provided in Section 5.04. 090. g. 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. h. Operating Requirements: 1. 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 shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. 2. The business shall employ a person on the premises to act as manager at all times during which the adult business is open. 17 Section 5.08.030. Alarm Systems a. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. Alarm owner means the person that owns, operates, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system. 2. Alarm system means any mechanical or electrical device, whether known as a burglary, robbery or intrusion alarm, medical assistance alarm, direct dial telephone device, audible or silent alarm or by any other name, an alarm that is used for the detection of a fire, intrusion into a building, structure or facility, or to signal the commission of an unlawful act, or the existence of any other emergency situation. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. 3. Audible alarm means an alarm system which, when activated, emits an audible sound in the vicinity of the protected premises. 4. Direct dial device means a device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal. 5. False alarm means an alarm signal activated by causes other than the existence of an emergency situation or commission or attempted commission of an unlawful act, which the alarm system is designed to detect, and results in a response by the Sheriff to the alarm location. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. b. Direct dial telephone devices. No person shall use any alarm system which is equipped with a direct dial device, and which when activated, automatically dials any telephone number in any office of the Sheriff. C. Audible alarms --General requirements. The alarm owner of each audible alarm shall post in a conspicuous location outside the premises where the alarm is located the names and telephone numbers of persons to be 18 notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its sound, or shall automatically reset, within 30 minutes of activation. d. Prohibited sounds. No alarm system shall be installed or used which emits a sound which is similar to that of an emergency vehicle siren or a civil defense warning system. C. False alarm. A person shall not knowingly turn in a report of a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the Sheriff. L Repair. After any false alarm, the alarm owner shall, upon request by the Sheriff, submit a written report to the Sheriff, describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within ten days of the date of request by the Sheriff. g. Notification of test. An alarm owner shall notify the Sheriff prior to any service, test, repair, maintenance, alteration, or installation of an alarm system which might produce a false alarm. h. Maintaining a public nuisance alarm. 1. Any alarm system that generates three or more false alarms in any 12 - month period shall be deemed to be a public nuisance alarm. A service charge in an amount prescribed by resolution of the City Council shall be charged to an alarm owner of a public nuisance alarm system for each subsequent false alarm. 2. After each false alarm, the City shall notify the alarm owner in writing of the date and time that the Sheriff responded to the false alarm. The alarm owner shall also be notified in writing in each instance of the number of false alarms of record attributed to that alarm system within the previous 12 -month period. The alarm owner shall further be informed in writing of the provisions of this section and of any service charge or other penalties to be imposed. Within ten days from the date of such notice, the alarm owner may present written evidence to the Sheriff that the alarm response in question was not in fact a false alarm as defined herein, or that there was a justifiable reason for the activation of the alarm. If no such response is made by the alarm owner within the ten-day period, the Sheriffs determination that the alarm was false shall be final. Within ten days of receipt of written evidence from an alarm owner, the Sheriff shall render a decision which decision shall be final. IN i. Exemptions. The provisions of this section are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the state public utilities commission. No false alarms shall be counted against an alarm owner that were the result of an act of God, natural disaster, or interruptions of electrical service not due to the alarm owner. j. Penalties. Any person violating subsections (b) through (e) shall be deemed to have committed a misdemeanor as provided in Section 1.04.010(a). k. Civil remedies available. Violation of any of the provisions of this section shall constitute a nuisance and may be abated in the name of the City in any court of competent jurisdiction through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. 1. Enforcement. 1. The amount of any service charge shall be deemed a debt to the city. All service charges shall be deemed delinquent 15 days after they are due and payable. 2. Pursuant to Government Code § 38773, the City may recover any and all costs incurred in abating a violation of this Section including the imposition of a lien against the property on which the nuisance is maintained. 3. Prior to the recordation of a lien against property for the recovery of abatement and other related administrative costs, the City, in accordance with Government Code § 38773.1 or 38773.5, shall provide written notification, by registered or certified mail, to the property owner that a lien will be assessed against their property and such costs will constitute a lien upon the land until paid. Section 5.08.040. Bars and Nightclubs a. For purposes of this Chapter, the following words shall have the following meanings: 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 20 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. 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, managers, 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. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the Director or his or her designee. 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. 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 reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the infonnation available to city staff upon request. 21 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. 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. 9. Joint Responsibility for Violations and Noise Control. Violations of this subsection (c) and violations of the Noise Control Ordinance set forth in Chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business owner's license and the promoter's license. 10. 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. Section 5.08.050. Entertainment License a. Purpose and Intent 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. 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. 22 3. The issuance of a regulatory business license for the operation of entertainment establishments 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. 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 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. 23 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. In addition to the information required in Section 5.04.020, an application for an entertainment license shall include the following information: 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; 24 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. Notwithstanding the provisions of this Title, the Director shall approve an application for an entertainment license unless he or she finds that one of the grounds for denial set forth in Section 5.04.050 exist. The Director shall approve or deny an application for an entertainment license within 30 days of the filing of a complete 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. 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 5.04.110. 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. h. Appeal 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. 4. 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 i. Operating Requirements. Entertainment Establishments shall be subject to the same operating instructions as those listed in Section 5.08.040(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. 3. 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 26 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 4. The entertainment establishment will have a manager on the premises at all times when entertainment is performed. Section 5.08.060. Firearm Dealers a. For purposes of this Chapter, the following terms shall have the following meanings: 1. Engages in the business means 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 means 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 means any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used to manufacture ammunition. S. Firearm dealer means 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. 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 27 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 manager(s) and employee(s) will be referred to and conducted by the Director and the Sheriff s 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: 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 licensc 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; D. 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: 28 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 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: 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 he 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 29 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 Section pertaining to the recordation of firearm and ammunition sales shall indicate: 1. The date that the purchaser purchased the firearm(s) and/or ammunition; 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; 7. The purchaser's thumbprint, from both the right hand and' left hand; and 8. The purchaser's signature. f. This information required by this Section 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/lD 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. 30 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. 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 Eireann 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. M. The licensee shall conduct a criminal background check on prospective manager(s) or employee(s). Section 5.08.070. 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: tn 31 Certificate shall mean a certificate, issued by a licensed school, certifying completion of the required curriculum in massage training. 2. Massage and Massage Therapy means 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 hands 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. 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 establishments 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 means 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; 32 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; 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 therefore: 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. 4. The business, occupation or employment of the applicant for three years immediately preceding the date of the application; 33 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, S. Documentation of the applicant's experience as a practicing massage technician. e. Massage Technician License Requirements — Investigation by Community Development Department. 1. Before a license is granted or renewed and at such times as the 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. 2. 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 revoked and of no further force or effect as of the date of the conviction. 3. 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. 34 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. 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. 35 D. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. 7. 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. 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 establishment 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. Manager Required. All establishments licensed under this Chapter shall have a manager on duty at all times during which the establishment is open. Section 5.08.080. Pawnbrokers and second hand dealers 36 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. Pawnbroker means any person engaged in the business of receiving goods in pledge as security for a loan. 2. Pawnshop means any room, store, building or other place in which the business of pawnbroker is engaged in, carried on or conducted. 3. .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, 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 pawnbroker and second hand dealer shall not, and an agent or employee of a pawnbroker 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 5.08.090. Peddling -Solicitation a. Definitions: 1. "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 37 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 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_ A 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 5.08.100 Tow Trucks and towing companies 38 a. For purposes of this chapter, the following term 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. 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. d. 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 ls1 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 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. 7. 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 from 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. 40 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 I . 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 August 21, 2007, 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 SEPTEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 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 September 2007, by the following vote: AYES: Council Members: NOES: Council Members: ABSTAIN: Council Members: ABSENT: Council Members: ATTEST: Tommye Cribbins, City Clerk Agenda: Study Session Meeting Date: June 19, 2007 CITY COUNCIL AGENDA REPORT n��ixroe�tF� TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g 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. BACKGROUND: 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 staff's 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. DISCUSSION: 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 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. 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 bythe County. In otherwords, the majority of businesses required to registerwith the Citywill see no change otherthan 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: ♦ Mobile home parks ♦ Bars and nightclubs ♦ Indoor amusement/entertainment facilities & entertainment in general ♦ Computer services/network gaming center ♦ Personal services — acupressure, massage therapy, tattoo parlors ♦ Alcohol sales on-site consumption ♦ Clubs, lodges & private meeting halls ♦ Health & fitness clubs ♦ Private recreational facilities ♦ Outdoor recreation ♦ Theaters, auditoriums, meeting halls ♦ Studios — art, dance, music, photography, etc. ♦ 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 ♦ Psychic readers ♦ Billiard operators ♦ Acupressure establishment Fees for Regulatory Business License ♦ Gun dealers ♦ 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 hour with 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 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 Y.i 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. W 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 wldance $2,392.00 $629.00 $278.68 $22.00 Entertainment Wo 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 thatwould require a background checkwith 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 check with 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. 5. Maintain current business registration fee of $10.00 for all businesses with Los 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 staffs 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. RECOMMENDED ACTION 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 Nancy , AICP Community Development Director Attachment: Reviewed by le Assistant City Manager 1. November 21, 2006 City Council Study Session Minutes N Agenda No. 6.1(a) CITY OF AMOND BAR CITY COUNCIL I STUDY SESSION DRAFT SEPTEMBER 18, 2007 STUDY SESSION: M/Tye called the Study Session to order at 5:31 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; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Marsha Roa, PIO Manager; Alfredo Estevez, Desktop Support Technician and Tommye Cribbins, City Clerk. Also Present: Aziz Amid, President; Past -President Nef Cortez and staff with the Regional Chamber of Commerce. IN. REGIONAL CHAMBER OF COMMERCE PRESENTATION REGARDING CURRENT AND FUTURE ACTIVITIES. Aziz Ameri, President, Chamber of Commerce, thanked the City for its generous support of the Chamber. He said that the goal of tonight's discussion was to strengthen the relationship between the City and the Chamber. Past President, Nef Cortez briefly gave the background of the local Chamber. A PowerPoint was then presented showing that by combining the membership of the D.B. and Walnut Chambers it has strengthened the service to the businesses in both cities more effectively. Mr. Cortez stated that the Chamber has attempted to help business members throughout the five communities the Chamber serves, and to develop a greater economic vitality for the region as a whole. Mr. Ameri stated that as the region benefits, so too will individual communities. H stated that there are currently 349 business members of the San Gabriel Valley Chamber and that the Chamber's objective is to add nine additional members per month and increase the Chamber's networking capabilities to a more diverse population. M/Tye asked how the Chamber would measure its goals and how would the City know that its' money was well spent? Mr. Ameri responded that the City would know from the first customer service email survey. Members have indicated their positive responses and offered suggestions for additional meetings and further education. In addition, membership renewals have increased to an all time high. SEPTEMBER 18, 2007 PAGE 2 CC STUDY SESSION Mr. Ameri responded to MPT/Tanaka that the survey is sent to all members. MPT/Tanaka stated that he is an individual member and had not received the survey. Mr. Amen asked for MPT/Tanaka's email address. MPT[Tanaka asked the status of the Farmers Market. Mr. Ameri stated that the Farmers Market is growing and is larger than ever. It has become a very popular family event. He stated that the current site is in escrow. However, the Chamber has reached an agreement to remain at the current location until 2009. The Chamber's plan is to bring the event back to D.B. and is in the process of looking for a site. He asked for the City's help. The Chamber is also looking to expand with sites in other cities. MPT/Tanaka asked what the Chamber's thinking was behind going after cities like LaPuente and other northern cities? Mr. Ameri explained that the even though the LaPuente Chamber had closed services provided to businesses are still needed. The reason the Chambers are not contiguous is because the City of Industry's boundary line cut into it and the Industry Manufacturers Council serves the City of Industry. There is still an opportunity in the City of Industry to serve the small businesses. MPT/Tanaka said he does not want the City of D.B. to be the "financial backbone" for a regional chamber because in his opinion, each area needs to fairly contribute to the organization. Mr. Ameri assured MPT/Tanaka that a major portion of the Chamber's funding is derived from membership services and special events with city contributions being only a very small percentage. The Chamber counts more on the City's support for economic development purposes. Mr. Cortez explained that the $12,000 contribution from D.B. represents about six percent of the Chamber's total budget. C/Herrera thanked the Chamber for its service to the community and emphasized that the City cannot merely contribute the citizen's money to the Chamber — there must be accountability for expenditure of those funds. Mr. Ameri said the Chamber understood that it needed to do the right thing by the taxpayers. The Chamber is transparent and the City and its residents are free to review the Chamber's records. SEPTEMBER 18, 2007 PAGE 3 CC STUDY SESSION C/Chang said that the Council had always been supportive of the Chamber. One of the City's goals is to see that the Chamber become self-sufficient. In addition, the City is interested in joining with the Chamber to improve the City's economy. M/Tye said he was not interested in attending events outside of the City and would appreciate the Chamber's presence at ribbon -cutting ceremonies and other events involving businesses in D.B. ► PROPOSED BUSINESS LICENSE ORDINANCE AND FEES — Review Draft Documents and Direct Staff as Appropriate. CA/Jenkins stated that in accordance with Council's direction, staff drafted a proposed business license ordinance and fee document. The County of Los Angeles has been conducting the licensing and fee collection process on the City's behalf. The City's goal was to bring the regulatory business license component in-house and to retain the business registration component as it currently exists. This first cut is an ordinance that would replace the entirety of Title V. He explained the contents of the document. Essentially, the process will remain the same. The piece of paper the business owner receives will be called a business license rather than a business registration. Because certain businesses are allowed in the County that will never be allowed in the City of D.B. this ordinance was tailored to D.B. The core number of businesses that would undergo a background investigation/regulatory process has been reduced to 15. He explained how the process for applying has been dramatically streamlined and the cost has been dramatically reduced. Any party denied a license may appeal the decision to the City Council. Once a business is operating should a problem arise, the City would schedule a public hearing before the City Council to consider modifying or revoking the license. CA/Jenkins stated that in order to recoup the regular business license fee $53 would be charged. For the 15 businesses that require background checks the cost would be $300 per business owner/individual. The fees are strictly cost - recovery and are considerably less than what the County charges. CA/Jenkins responding to M/Tye stated that the City may not charge different rates for different businesses because it would be considered discriminatory. The City cannot charge based on whether the City wants to encourage or discourage a business from coming into town. CM/DeStefano responded to C/Everett that the County has issued about 190 business licenses and the City expects that number to be slightly less. CA/Jenkins stated that the concept was that the licensing would be done at staff level and that an appeal would go directly to the Council. Staff was not eager to add an additional layer of red tape. C/Everett stated that he was concerned that the City might start the fee too low SEPTEMBER 18, 2007 PAGE 4 CC STUDY SESSION C/Chang supported the process and felt this ordinance should be implemented as quickly as possible and that the businesses should fully fund the cost. M/Tye asked how many business registrations the City had implemented. CDD/Fong felt that about 40 to 50% of the 1700 existing businesses had registered with the City. ACM/Doyle explained that if the Council wants full cost recovery the charge would be $53.50. Or, the Council could decide to keep the business registration fee at $10 for 90% of the businesses and charge $300 for background checks for business falling into that category. CM/DeStefano said this was all part of a broader policy decision the Council needed to make. In terms of attracting businesses to D.B. not having utility taxes, gross receipt taxes, etc. cause D.B. to be highly rated for business development. Indeed, the City subsidizes other programs such as senior programs. PUBLIC COMMENTS: Aziz Ameri, President of the Regional Chamber felt that if the City wanted local businesses to flourish and work legitimately enforcement should be implemented. He was certain that the costs would increase and he encouraged the Council to review what other cities are doing to cover their costs. When cities acquire these types of responsibilities it presents an enormous burden to regulate businesses and non-compliance. He encouraged the City Council to thoroughly review its options. ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:43 p,m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2007. STEVE TYE, Mayor MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b) REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 18, 2007 77 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: ► Presentation by the Regional Chamber of Commerce regarding Current and Future Activity ► Proposed Business License Ordinance and Fees — Review Draft Documents and Direct Staff as Appropriate Public Comments: Study Session adjourned to the regular meeting at 6:43 p.m. CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at 6:52 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session the City Council received a presentation by the Regional Chamber of Commerce and considered a proposed business license ordinance and fees. PLEDGE OF ALLEGIANCE: INVOCATION: gave the invocation. ROLL CALL: Tem Tanaka and Mayor Tye. Mike Cribbins led the Pledge of Allegiance. MonsignorJames Loughnane, St. Denis Catholic Church Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager, David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Ken Desforges, IT Director; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Greg Gubman, Planning Manager; Rick Yee, Sr. Engineer; Kimberly Molina , Associate Engineer; Ryan McLean, Senior Management Analyst; Alfredo Estevez, Desktop Support Technician; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SEPTEMBER 18, 2007 PAGE 2 CITY COUNCIL 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera proclaimed September 2007 as "County of Los Angeles National Preparedness Month." NEW BUSINESS OF THE MONTH: 1.2 M/Tye presented a City Plaque to Greg Chiang, owner of Eden Garden Center, 21168 Golden Springs Dr. as New Business of the month for September 2007. Mr. Chiang introduced his son Daniel and daughter Lauren. A power point presentation of Eden Garden Center was displayed. 1.3 Rick Meza, Edison, thanked CC/Cribbins for her assistance during recent power outages that resulted from heat storms, tornadoes and earthquakes. Mr. Meza explained the problems that the City ran into the past two weeks. He further stated that steps are being taken to remedy the problems that Palo Cedro, Eaglenest and surrounding areas experienced. He also introduced Mike LaRusso, District Manager who gave a brief presentation on what had been done and is being done in that area. He asked residents to keep their air conditioners at 78 degrees or higher to allow the system to cool down and rejuvenate itself during off-peak hours and to be aware of the usage of power throughout the day and night hours. C/Chang suggested that Edison send an explanation of what happened to their consumers. The City received a number of calls that placed an additional burden on staff. C/Everett agreed with C/Chang and asked that Edison immediately contact City Hall when it receives a complaint or concern. Mr. Meza stated that the problem with recent occurrences is that they were overwhelming and placed an extreme burden on Edison staff. He stated that CC/Cribbins intermediary actions helped him tremendously. In response to C/Everett, Mike La Russo, District Manager, Edison, explained that Edison has a capital maintenance program that addresses areas of improvement. Currently, Edison is analyzing the cable throughout The Country Estates to determine whether it needs to be improved and will then be scheduled as necessary. MPT/Tanaka thanked Edison for its prompt response. M/Tye felt that the problems in the Eaglenest Dr. area could have been addressed more effectively and that perhaps Edison should look at replacing cable in that area in a timely fashion. The reports about power outages were very conflicted and it was difficult to determine from minute to minute whether service had been restored. SEPTEMBER 18, 2007 PAGE 3 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Gilbert Yanow said he was concerned about possible water shortages and suggested that the City initiate plans to meet a possible water shortage. He further suggested that the Parks and Recreation staff consider changing plants to California native plants to save water which would be similar to what the Inland Empire Utilities Agency in Chino has done. Additionally, staff could examine what kinds of grass would use the least amount of water and that could be used in the City parks. Also change the shrubbery in the parks to native vegetation. He also encouraged residents and swim clubs to purchase solar pool covers to curb evaporation and ease energy demands. The City could also consider providing educational materials for residents and encourage low flow toilets and showers. April Carlos, 249 Eaglenest Dr. spoke about the recent power outages and said that for the past 19 years her area has experienced power outages almost every year. The residents would appreciate better communication between Edison and the community. She also stated that in order for the residents in her area to recoup for food that spoiled during the power outage they were told to submit grocery receipts. Aziz Ameri and Nef Cortez, Chamber of Commerce, thanked the City for allowing the Chamber to make its presentation during tonight's study session and on behalf of the Chamber, recognized and honored residents Jack and Wanda Tanaka with a Certificate honoring them for their service and commitment to the quality of life in the City of D.B. Ling Ling Chang, President, Walnut Valley Water District, addressed concerns about the water crisis. She recommended that her Board conduct a town hall meeting to educate the public on current water issues. This is the driest year in history and the water supply from the Sacramento Delta may be reduced by 30% between December and June. In addition, many local agencies are beginning to ration water. She invited residents to visit the District's website at www.wvwd.com and attend board meetings and educational seminars to better educate themselves about the situation and determine what they can do to help. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that staff would continue to work with the Walnut Valley Water District on coming up with information to distribute to the public about water awareness. CM/DeStefano stated that in order for the City to be able to effectively communicate information about power outages to residents and business operators the City would need to have current and accurate information. Coincidentally, he was at a meeting where a City Manager of a much larger city was experiencing the same problems of notification and timely responses. As it happens, one of his city council members is the "Rick Meza" for that territory. Following a discussion about how to better notify city officials and in particular the city managers and those SEPTEMBER 18, 2007 PAGE 4 5 C CITY COUNCIL involved in responding to the public a decision was made to create a task force of city managers and Edison officials to deal with the issue. Simply stated, the technology is available and why is it not being utilized. M/Tye said it did not seem reasonable to him for Edison to require a homeowner to provide a receipt for spoiled food that had to be discarded. In this unique situation of an incredible heat storm and other acts of nature that dramatically affect people's lives it seems to him that a homeowner could provide a receipt only upon replacement of the spoiled food. He would like for Edison to take care of residents who suffered losses in a more reasonable matter. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — September 25, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.2 Parks and Recreation Commission Meeting — September 27, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — October 2, 2007 — 6:30 p.m. AQMD/Government Center Auditorium, 21865 Copley Drive. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded, to approve the Consent Calendar. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES — Regular Meeting of September 4, 2007 — approved as corrected. 6.2 PLANNING COMMISSION MINUTES— Regular Meeting of August 14, 2007 — Received and filed. 6.3 RATIFIED CHECK REGISTER dated August 30 through September 12, 2007 totaling $1,748,850.43. 6.4 RECEIVED AND FILED A NOTICE OF COMPLETION FOR THE WASHINGTON STREET CUL-DE-SAC IMPROVEMENT PROJECT. 6.5 AUTHORIZED STAFF TO ENTER INTO A CONTRACT WITH KEYSER MARSTON ASSOCIATES TO PREPARE A CITYWIDE ECONOMIC DEVELOPMENT STRATEGY FOR AN AMOUNT NOT TO EXCEED $50,000. SEPTEMBER 18, 2007 PAGE 5 CITY COUNCIL 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reported on Council's attendance at the D.B. Day at the Fair and thanked the students for their support. He encouraged everyone to attend this wonderful event in the future. He also reported on his and C/Everett's participation in the Neighborhood Improvement Committee meeting. The purpose of the Neighborhood Improvement Committee is to keep a well-maintained community for the benefit of all residents. He encouraged everyone to follow the City's Code and avoid citations. He also stated that the Economic Development Committee met to discuss how the business and economic environment could be improved. Areas of discussion included the Kmart Shopping Center, Target Shopping Center, Chili's Restaurant, Panda Express, the Honda Dealership location, the PETsMART location, and the Country Hills Towne Center and its new supermarket. C/Everett commented that the D.B. City Day at the Fair was outstanding. He thanked C/Chang and all committee members who were responsible for organizing the event. He said it was a privilege for him to be a part of the Neighborhood Improvement Committee and pleased with the staff's and Council's attitude and spirit for their focus on improving the City. His concern is that the City not let a few individuals take advantage of the system and repeatedly offend. He attended the League of California Cities in Sacramento with MPT/Tanaka and CM/DeStefano. The event was educational, informative, challenging and stimulating. C/Everett offered to share his conference material. C/Herrera congratulated Jack and Wanda Tanaka for being honored as D.B. Heroes. She wished Eden Garden Center well and said that many residents expressed to her that they were pleased to have a nursery back at that location. She stated that she is the City's representative on the Foothill Transit Governing Board and offered that through her lobbying efforts and the lobbying efforts of others from D.B. MTA Metro Line 684 has been extended for several months until Foothill Transit can take over. The new line will be Foothill Transit's Line 286 with service commencing on October 14. Last Sunday she visited the BAPS Shree Swaminarayan Hindu Religious & Cultural Center- Chino Hills, a spectacular group of buildings serving the public and consisting of 164,000 sq. ft. scheduled to open the summer of 2008. Also on Sunday she met the new Superintendent for the Walnut Valley Unified School District, Cynthia Sims who is relocating to D.B. from Washington State. Mrs. Sims begins her service with the WVUSD on October 1. C/Herrera said that she was pleased that the Council approved the contract for a consultant to conduct an economic development study. A study that is critical to the City's economic future. D.B. will soon lose about $300,000 to $400,000 in sales tax revenue when D.B. Honda moves out of the City. SigmaNet moved out of the City, another significant loss. She was sad to announce that Planning Commissioner Osman Wei submitted his resignation due to other pressing obligations. She asked SEPTEMBER 18, 2007 PAGE 6 CITY COUNCIL that staff place on the agenda the matter of a new Planning Commission appointment for the October 2 City Council agenda. Those interested in the position may email or fax an application to 909-861-3421. C/Herrera thanked Osman Wei for his service and dedication to the City. MPT/Tanaka attended the League of California Cities annual conference and expo in Sacramento with C/Everett and CM/DeStefano. He and the Mayor attended an Eagle Scout ceremony for Tyler Vale, Troop 737. He attended the City of Industry and Industry Manufacturer Council's luncheon with featured speaker Los Angeles District Attorney Steve Cooley who spoke about crime trends in the communities. D.B. Day at the Los Angeles County Fair was an excellent event. He thanked the D.B.H.S. Thundering Herd Marching Band for their participation. MPT/Tanaka on behalf of his wife Wanda and the City Council offered his condolences to the family of Michael Reinoso and asked that the Mayor adjourn tonight's meeting in Mr. Reinoso's memory. M/Tye commented on the D.B. Day at the Fair and congratulated Jack and Wanda Tanaka on being recognized with the Community Hero Award. The Economic Development Subcommittee is important as evidenced by the consulting contract the Council approved this evening with a focus on the importance of economic development to the City's future. On Saturday September 29 Nickelodeon will go dark for three hours to encourage kids to turn their televisions off, get up and go out and play. The Council offers its thoughts, prayers and condolences to the family of Michael Reinoso who lost his life in a very bad accident last Friday. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:08 p.m. in memory of Michael Reinoso. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of STEVE TYE, MAYOR 2007. Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 28, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 9176 5. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng, Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; Brad Wohlenberg, Assistant City Attorney, and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of August 14, 2007. VC/Torng moved, C/Nolan seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT COMMISSIONERS 5. OLD BUSINESS: Nolan, Wei, VC/Torng, Chair/Nelson None Lee None 5.1 DEVELOPMENT REVIEW NO. 2006-43—Asix month compliance reviewof conditions of approval for a private school, AP Learning Center, located at 1019 Via Sorella Street. AssocP/Lungu presented staff's report indicating the applicant would most likely be able to obtain a building permit within the next week to 10 -days for AUGUST 28, 2007 PAGE 2 PLANNING COMMISSION D 7. construction of handicapped access, handicapped restrooms and the parking lot, etc., and move this project forward. NEW BUSINESS: None PUBLIC HEARINGS: 7.1 Develo m mt Review No. 2007-15 Minor Variance No. 2007-04 and Tree Permit No. 2007-03 — In accordance with Development Code Sections 22.48, 22.52 and 22.38, the applicant requested approval of plans to demolish an existing dwelling and construct a new two-story 9,190 square foot single-family residence with an attached 1,412 square foot garage, a 365 square foot cabana and a swimming pool. The subject property is zoned R-1 (40,000) and contains 44,949 gross square feet of land area. Project Address: 2600 Broken Feather Road Diamond Bar, CA 91765 Property Owner: Jason Hou 2610 Palomino Covina, CA 91724 Applicant: Miles Folsom Folsom Architecture 3365 E. Miraloma, Suite 207 Anaheim, CA 92806 CDD/Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2007-15, Minor Variance No. 2007-04 and Tree Permit No. 2007-03, Findings of Fact, and conditions of approval as listed within the resolution. CDD/Fong confirmed to Chair/Nelson that the replacement trees would be "in-kind." C/Nolan disclosed that she drove by the project site, did not speak with anyone and learned nothing new outside of staff's report. Chair/Nelson opened the public hearing. AUGUST 28, 2007 PAGE 3 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Nolan moved, C/Wei seconded, to approve Development Review No. 2007-15, Minor Variance No. 2007-04 and Tree Permit No. 2007-03, Findings of Fact and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Wei, Lee, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.2 Development Review No. 2007-08 — In accordance with Development Code Section 22.48, the applicant requested approval of plans to construct a new three-story 13,332 square foot single-family residence with an attached 2,993 square foot garage/storage/utility area, a swimming pool and a tennis court. The subject property is zoned R-1 (40,000) and contains 97,376 gross square feet (2.24 acres) of land area. Project Address Property Owner: 1626 Derringer Lane Diamond Bar, CA 91765 Wen Shen 2577 Blaze Trail Diamond Bar, CA 91765 Applicant: Amat K. Tajuding 17871 Mitchell North, Suite 150 Irvine, CA 92614 CDD/Fong announced staff's recommendation that the Planning Commission continue the public hearing to September 11, 2007. Chair/Nelson opened the public hearing. Eugene Lin, 2606 Derringer Lane, asked permission to put his concerns in writing to the Commission. CDD/Fong invited the speaker to visit City Hall to view the project plans. AUGUST 28, 2007 PAGE 4 PLANNING COMMISSION VC/Torng moved, C/Lee seconded, to continue the public hearing for Development Review No. 2007-08 to September 11, 2007. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS VC/Torng, Lee, Nolan, Wei, Chair/Nelson None None 7.3 Development Review No. 2007-27—in accordance with Development Code Section 22.48, the applicant requested a series of three retaining walls, each with a maximum height of seven feet, for the purpose of creating a pad area for a future second unit and enlarging the driveway turnaround. Project Address Property Owner 2648 Clear Creek Lane Diamond Bar, CA 91765 Long and Tawny Huct 2648 Clear Creek Lane Diamond Bar, CA 91765 Applicant: Mike Zolinski Golden State Grading & Demo, Inc. 28335 Las Cabos Laguna Niguel, CA 92677 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2007-27, Findings of Fact, and conditions of approval as listed within the resolution. C/Wei asked for explanation of the difference in the code for a second dwelling unit and a guesthouse. AssocP/Lungu explained that a second unit provides a living quarter. Within "The Country Estates" the maximum square footage is 1200. A guesthouse is intended for temporary use with a maximum square footage of 900 if the complete lot exceeds 20,000 square feet. CDD/Fong further explained that a guesthouse does not include kitchen facilities. AssocP/Lungu acknowledged that a second dwelling unit could be rented. AUGUST 28, 2007 PAGE 5 PLANNING COMMISSION VC/Torng asked if a condition should be added to indicate that the unit is a single-family dwelling. AssocP/Lungu responded that because the owner is building retaining walls on the pad it is not required. However, when the owner requests a second unit the covenant and agreement will be a part of the second unit review. C/Nolan disclosed that she visited the project site. Chair/Nelson opened the public hearing. Mike Zolinski, Golden State Grading & Demo, Inc., offered to answer questions. C/Lee asked if artificial soil was safe for the retaining walls and Mr. Zolinski responded that it is very safe and that data confirming soil compaction was confirmed by two separate sources. He explained that in addition there is a design for a Keyway at the bottom of the slope that ties the new compacted fill into the slope to negate slide potential. C/Lee asked why staff would allow a 90 percent compaction and not ask for a higher percentage. CDD/Fong responded that the City's Engineer reviewed the project, grading and compaction requirements and approved the project. Once the grading is completed the Engineer will inspect the project to certify that the soil is compacted to the recommended standards of the geotechnical engineer and the soils engineer. Mr. Zolinski explained to C/Lee that 90 percent is standard throughout the industry. In fact, the top six inches to 12 inches is usually compacted to 95 percent. C/Wei said he was troubled that the retaining walls had no footings with only three feet of the wall below surface. Mr. Zolinski explained that there will be a footing although it is not a traditional concrete footing and again explained the Keyway and how the wall would be constructed. VC/Torng asked if the applicant agreed with the conditions of approval and Mr. Zolinski confirmed that he did. Chair/Nelson closed the public hearing AUGUST 28, 2007 PAGE 6 PLANNING COMMISSION C/Lee moved, C/Wei seconded to approve Development Review No. 2007-27, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None 7.4 Conditional Use Permit No. 2007-11 — In accordance with Development Code Section 22.85, the applicant requested to establish a private school within a leased space of 1,845 square feet in the C-2 Commercial District. Project Address: 3207A south Brea Canyon Road Diamond Bar, CA 91765 Property Owner: Arnon Raphael 12400 Ventura Boulevard, Suite 238 Studio City, CA 91604-2406 Applicant: Diamond Bar Chinese Association And Chinese School 3207A Brea Canyon Road Diamond Bar, CA 91765 VC/Torng stated for the record that he is a board member of the Chinese American Association and although he has no financial interest he said he would recuse himself from deliberating on this item so that there would be no perception of any conflict of interest or bias with respect to a decision. CDD/Fong presented staff's report and recommended Planning Commission approval of Development Review No. 2007-11, Findings of Fact, and conditions of approval as listed within the resolution. There were no ex parte disclosures offered. Chair/Nelson opened the public hearing. Peter Low offered to respond to questions regarding the application Chair/Nelson closed the public hearing. AUGUST 28, 2007 PAGE 7 PLANNING COMMISSION C/Wei moved, C/Nolan seconded to approve Conditional Use Permit No. 2007-11, Findings of Fact and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Lee, Nolan, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Torng, ABSENT COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee asked if the Commission could postpone an item if the applicant failed to appear and ACA/Wohlenberg responded that the Commission had the discretion to postpone a decision with due notice to the applicant in order for his constitutional rights to be observed. The City is required to provide adequate notice of the hearing that provides the applicant an opportunity to be heard. If the applicant chooses not to exercise that opportunity there is a risk that the Commission may have questions that could affect the vote on that particular item. C/Lee asked that staff provide notice to the applicant that if he does not appear during the public hearing that his project may be continued. Chair/Nelson agreed with CDD/Fong that if a Commissioner had questions regarding a project application and the applicant was not present it would be the prerogative of the Commission to vote or move for a continuance. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects. CDD/Fong stated that grading for Chili's at the corner of Golden Springs and Grand Avenue should commence within a couple of weeks. Panda Express is in plan check. Staff hopes to issue Panda Express a building permitwithin a month or so. If construction commences by September Chili's could be open by February -March 2008. CDD/Fong introduced Greg Gubman, Planning Manager. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. AUGUST 28, 2007 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:54 p.m. Attest: Respectfully Submitted, Nancy Fong �2t—eveNelson, Chairman m)nity Development Director Agenda No. 6.3(a) CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JUNE 14, 2007 CALL TO ORDER: Chairman Shay called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. ROLL CALL: Commissioners Jimmy Lin, Jack Shah, Vice Chairman Kenneth Mok and Chairman Michael Shay Absent: Commissioner Liana Pincher was excused. Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer, Kimberly Molina, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. IV APPROVAL OF MINUTES: Minutes of the May 10, 2007 meeting C/Shah moved, Chair/Shay seconded to approve the minutes of the May 10, 2007 meeting as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PUBLIC COMMENTS: CONSENT CALENDAR: ITEMS FROM STAFF Lin, Shah, VC/Mok, Chair/Shay None Pincher None Offered. None A. Traffic Enforcement Update - Received and filed on the following items: 1. Citations: March, April & May 2007 2. Collisions: March, April & May 2007 3. Street Sweeping: March, April & May 2007 June 14, 2007 PAGE 2 T&T COMMISSION C/Lin questioned the increase in citations for May and wondered if the Sheriff's Deputies were given a quota. PWD/Liu responded that to his knowledge there are no quotas. Our deputies are very pro -active and when the City and residents provide input regarding a need for increased enforcement, the officers respond. Forexample, last month the Commission requested the enforcement for the intersection of Diamond Bar Boulevard at Mountain Laurel Way. Based on the request, there was an increase in enforcement. In addition, there was an increase in citations due to "click it or ticket" activities. V. OLD BUSINESS: None VI. NEW BUSINESS: A. Diamond Bar Boulevard and Mountain Laurel Way Crossing Guard Request. SE/Yee presented staffs report. At the last meeting, several concerned residents spoke on this matter. Subsequent to the Commission meeting, staff asked the City's traffic consultant to prepare a Crossing Guard Warrant Study that took consideration of accident history and current traffic data. Ultimately, specific criteria would have to be met in order to warrant a crossing guard. The first criteria: the pedestrian count for each of any two hours during the day must exceed 40 pedestrians. The second criteria: the number of vehicular turning movements through the crosswalk must exceed 300 vehicles per hour. As a result of the study, the data indicates that the primary criteria are not met for the crosswalk under consideration. The data indicates 21 pedestrians during the two-hour morning period and 63 pedestrians during the two-hour afternoon period for the north crosswalk (the leg running across Diamond Bar Boulevard). The west crosswalk (the leg running across Mountain Laurel) also did not satisfy the warrant. The data indicated 5 pedestrian crossings during the two-hour morning period and 35 pedestrians during the two-hour afternoon period. PWD/Liu reported on the recent accidents at the Diamond Bar Boulevard and Mountain Laurel Way intersection. At the May 10th Commission meeting, a speaker referred to an accident that occurred on May 7, 2007. A second individual indicated her son was involved in an accident that occurred in April 2007. During the same discussion, another speaker mentioned an accident that occurred in August 2006. These accidents are unique and involve the eastbound Mountain Laurel leg and the southbound Diamond Bar Boulevard leg. According to the accident reports that were filed, the accidents can be attributed to driver behavior and their unique circumstances. The accident that occurred on May 7, 2007 took place at 7:00 a.m. The earlier accident took place at 3:15 p.m. on April 5, 2007. PWD/Liu read statements collected by Sheriff's deputies at the scene and the conclusion of the officers. The accident that occurred on August 5, 2006 took place at 10:39 a.m. and did not involve a school student. Staff wants to be very clear that each accident is unfortunate and has its own unique set of circumstances and variables. June 14, 2007 PAGE 3 T&T COMMISSION Clearly, the warrant study and the accident history did not indicate that a crossing guard is warranted. In addition, a speaker indicated that since the implementation of the protected/permissive left turn phase, the condition has worsened. In fact, staff cannot confirm that because the Mountain Laurel Way protected/permissive left turn phase was implemented only in March 2007 and there has not been sufficient time to determine the effectiveness. Staff does not believe it is prudent to convert the protected/permissive phase to a protected phase only at this point but rather to keep the matter under observation longer to determine the effectiveness. Also, the citation history clearly shows that the Sheriff's Department has been very active at this intersection. Staff understands this is a very emotional issue for some of the parents. However, the facts indicate that the students as well as the drivers played a role in what occurred. For the City to move forward with a crossing guard, staff needs to make a prudent and informed decision. Once a precedent is set it could mushroom throughout the City. SE/Yee referred the Commissioners to the last page of staff's report. Over 300 citations were issued during the five year period and the top three violations that occurred at this intersection were 1) driving in a bike lane, 2) unsafe speed and 3) failure to wear a seat belt. In fact, these three types of violations accounted for more than half of all citations issued. Chair/Shay recommended that staff and the Commission continue dialoguing with the residents and communicate what the study shows. If the City knows that the intersection does not merit a crossing guard and increased enforcement, he would like to see the residents become more involved to help their own cause via volunteerism. If residents believe they have a problem, and the statistics do not merit their requests, perhaps someone could volunteer to help remedy the situation. C/Lin asked if Tables 3.2.1 and 3.2.2 of the Crossing Guard Warrant Study included both protected and permissive turn count and if Tables 4.2 and 4.3 contained only those movements that took place when the permissive phase was allowed. SE/Yee responded that the tabulations for Tables on Page 3 offer a collective total regardless of whether it was protected or unprotected. The Tables on Page 4 represent a fraction of the number presented on Page 3 because the fraction on Page 4 represents the conflicting movement meaning that the pedestrian phase is occurring at the same time as the vehicular turn movement. C/Lin asked for confirmation that the warrant study was based on the results on Page 4 and SE/Yee responded that C/Lin was correct. C/Lin said that volunteerism sounded good but the City does not give authority to parents so it would be illegal for them to monitor the situation. The City would not want to encourage citizens to direct traffic. Chair/Shay said that he was not insinuating that the City do that. He was suggesting that the City should not react by hiring more enforcement, installing more street signals, etc. C/Lin believed that traffic signals were considered the most effective method of traffic control. People need to be educated to stop at a red light and yield June 14, 2007 PAGE 4 T&T COMMISSION when making a left turn. However, it would not be prudent to make changes now. Human nature is for people to want change when they experience an accident. Since the City has the backup of the scientific findings it would not be prudent to make any recommendation other than to continue observing the situation before re-evaluating the intersection. Obviously, taking away the permissive phase would definitely reduce the conflict but would not necessarily reduce the number of accidents because accidents are often caused by reckless drivers and by reckless pedestrian movements. Chair/Shay said he agreed. The bad news is there were three accidents over the past six months at this intersection. There are other places in the City where accidents occurred. The City cannot just throw a quick solution at a problem every time there is an accident. It behooves the City to attempt preventive education, however. C/Shah stated that two of the three accidents involved drivers who claimed they did not see the pedestrian in the crosswalk. With permissive turns drivers have to be aware of pedestrians as well as traffic and sometimes, permissive actions tend to create accidents. In this case it appears to him that the City may want to consider implementing a protected left and no -right -turn on red because it might offer a better result. Secondly, he noticed that one of the three drivers was temporarily blinded by light or light reflection. He did not believe the City should invest money in a lighted crosswalk. However, as an example in another city, the crosswalk flashes red when a car crosses it so that it brings to the attention of a driver that they are approaching a crosswalk. Instead of waiting, he highly recommended the City should return to a protected left turn and a no right -turn on red. Chair/Shay asked what affect a crossing guard would have had on the three reported accidents and DPW/Liu responded that it would be a speculation. C/Shah said Chair/Shay's question was hypothetical and could not be adequately answered because anything could happen whether or not there was a crossing guard present. Based on staff's report he does not believe a crossing guard is warranted and a crossing guard would not necessarily make a difference in preventing these types of accidents. PWD/Liu agreed that there needed to be ongoing open communication with the residents and staff would incorporate that in working toward a resolution. The protected/permissive has been in place since March 2007 and staff believes it is too soon to make a decision about changing the intersection with so little time invested in the most recent improvements. Some cities have experimented with lighted crosswalks and, according to information staff has received this type of mitigation is being used only at non -signalized intersections. During the Citywide Traffic Signalization upgrade, the City will replace the software and controllers currently in use allowing all signalized intersections to implement split phasing, it warranted. Essentially, instead of permitting potential conflicts between pedestrians and left -turn movements, the June 14, 2007 PAGE 5 T&T COMMISSION timing can be set to disallow pedestrian crossing during vehicular left -turns. Public safety is the overriding factor for all parties involved and the City is looking at all possibilities. One possibility is that as a part of the traffic signal upgrade system, the City will be looking at the abilityto create timing scenarios that would essentially eliminate this kind of pedestrian/vehicular conflict. Chair/Shay felt staff had gone to great lengths to keep the Commission informed. He proposed that communication was key and felt that the first point of communication would be to let the neighbors know that the City has a game plan and will continue to monitor the situation and may propose further remedies. Extend an invitation to the residents to come to the City for a meeting and present the cold facts of the survey and let the people have a chance to speak. Based on the response, the Commission could base its decision on the community response. At least the City would follow a process of communication to the people to let them know that something is being done to address their concerns. C/Lin agreed. He again referred to the Tables. SE/Yee responded that the time allocations on the left hand column overlap and a cumulative total would _ not be an accurate representation of what occurs between the hours of 6:30 a.m. and 8:30 a.m., for example. The reason for the overlap is staff's attempt to find a 60 -minute period for the highest use. C/Lin commented that on Page 4 the number of drivers making right -turns under the permissive phase is higher than drivers that make right turns southbound on green. He said that did not sound correct to him because Diamond Bar Boulevard should be given more green time. C/Lin said his point was that if the City tried to implement a no right -turn on red it would create a major traffic jam on Diamond Bar Boulevard. C/Lin said he agreed with PWD/Liu that the in -pavement lighting was installed only at non -signalized intersections and usually it is done mid - block. He strongly urged the City to not consider in -pavement lighting in D.B. because it was, in his opinion, one of the most hazardous traffic advisory tools that could be used because it offers false protection to the pedestrians. Split phasing would eliminate the conflict but it would substantially reduce the level of service on Diamond Bar Boulevard. C/Lin recommended that the City should lay all of its cards on the table and let the residents know that the City has followed the law by conducting a warrant study and the result indicates a crossing guard is not warranted. However, the City will continue to explore other possibilities. C/Shah said the residents are looking for some kind of action ratherthan just a study. He agreed with C/Lin that a no right -turn on red would stack up the cars and perhaps the Commission should not do that but he still believed a protected left -turn would definitely reduce the conflict and the residents would see that the Commission had taken action that had the potential to prevent conflict between pedestrians and vehicles. VC/Mok agreed with Chair/Shay about communicating with neighbors, but with that communication the City needs to emphasize what actually happened June 14, 2007 PAGE 6 T&T COMMISSION during those three accidents. The residents that attended the last meeting appeared to have a mindset that the pedestrians were innocent and it is important to know that pedestrians have a responsibility as well. The City has to be especially sensitive to the residents who attended the meeting because their children are involved. He agreed that a no right -turn from Diamond Bar Boulevard onto Mountain Laurel Way would create a traffic jam. Chair/Shay pointed out that it would be prudent to take a second look at how the accidents occurred before deciding to implement mitigation measures. C/Lin moved to accept the findings of the crossing guard warrant study that concluded a crossing guard is not warranted at Diamond Bar Boulevard and Mountain Laurel Way and urge staff to continue exploring alternative traffic control devices that would reinforce the public safety at the intersection. C/Shah recommended that the Commission agree on taking some action that could be related to the residents at the same time they are told they must take responsibility for their actions. PWD/Liu offered that staff could sit down with the parents who spoke at the last meeting. Hopefully, the parents would realize that the City wants to respond to them and that this is a process that must be thoroughly investigated. Following the meeting, staff could come back to the Commission with residents input. Unfortunately, the concerned residents are not present this evening to witness this proceeding. VC/Mok said the sooner the City communicated with the residents the better. Assuming the Commission moves forward with PWD/Liu's recommendation, he wanted clarification about whether staff had met with school officials at Chaparral. In addition, as reported by staff tonight, there is on-going dialogue between staff and all school principals. VC/Mok felt it would be good if staff had all of the facts available for the meeting with the residents including whether the dialogue with school officials had to do with educating students about this particular intersection. SE/Yee responded to VC/Mok's question about whether staff had entered into discussions with Chaparral school officials regarding this specific matter. He stated that staff was in the process of beginning discussions with the school. Staff's intention is to sit down with them to discuss the issue of crosswalk safety and how that could be conveyed to the students. C/Lin said that if the Commission wants staff to meet with residents, the Commission should offer options for what could be accomplished in lieu of implementing a crossing guard. This Commission is an advisory body to the City Council and he believed the Commission's recommendation should be a professional recommendation rather than moving forward on an emotional basis. It is important, it is significant and the City needs to be concerned about accidents but it is the responsibility of the City to look at why the June 14, 2007 PAGE 7 T&T COMMISSION accidents happened and whether what the City offers as a solution will prevent accidents from happening or induce other factors that tend to increase the possibility of accidents. The Commission's approach should be more scientific than emotional and the ultimate decision should be left to the City Council. C/Shah said he concurred with C/Lin that when the City meets with the residents it should have a plan to convey. C/Shah seconded C/tin's motion with the addition that staff should revisit the protected/permissive phase one year from installation. C/Lin restated his motion to accept the findings of the crossing guard warrant study that concluded a crossing guard is not warranted at Diamond Bar Boulevard and Mountain Laurel Way; request staff to continue exploring alternative traffic control devices that would reinforce the public safety at the intersection; recommend that staff revisit the potential of eliminating the permissive phase of the turning movement one year from installation; and request staff to meet with concerned residents and report to the Commission at its July 12th meeting. C/Shah seconded t -he mofion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lin, Shah, VC/Mok, Chair/Shay None Pincher VII. STATUS OF PREVIOUS ACTION ITEMS PWD/Liu stated that at the last Commission meeting C/Pincher indicated that she lives at the bottom of a hill and has had to clean up debris from grass clippings. She wanted to know what the City could do to educate the residents residing up the hill from her and others. As a result, the City's Environmental Services Coordinator is developing a brochure to educate the residents and landscape contractors on how to handle landscaping debris. The brochure should be ready in August and will be available to residents at City Hall. Additionally, the coordinator will author an article for the monthly newsletter. PWD/Liu stated that at the request of C/Lin the five-year citation history for Diamond Bar Boulevard and Mountain Laurel Way was included in tonight's presentation. PWD/Liu referred the Commission to four emails from Sgt. Chris Blasnek regarding communication between the Sheriff's Department and Diamond Bar schools. VIII. ITEMS FROM COMMISSIONERS C/Shah thanked SAA/Hilario for following up with his previously mentioned Diamond Ride concern. He also commended staff on a well-written article about slurry seal. VC/Mok said he appreciated staff's due diligence regarding traffic issues. He wondered if it would be a good idea to have Sgt. Blasnek available for the meeting with Chaparral Middle School parents. June 14, 2007 PAGE 8 T&T COMMISSION IX. C/Lin said he too benefited from tonight's discussion and was pleased that since the HOV construction was completed, the traffic on Diamond Bar Boulevard had decreased substantially. However, the traffic signalization coordination seems to now be out of synch on Diamond Bar Boulevard. C/Lin reiterated that this Commission is a professional body and must make decisions based on facts when rendering decisions and responses. INFORMATIONAL ITEMS Staff updated the Commission on the following items: A. Neighborhood Traffic Management Program — Sunset Crossing/Prospectors B. Grand Avenue Improvements Project — Phase II I C. Industry's Grand Avenue Bridge Wideningllnterchange Project D. Lemon Avenue On/Off Ramps Project E. Washington Street Cul -de -Sac F. ACE Grade Separation on Brea Canyon Road G. SR57/60 Feasibility Study H. CDBG Curb Ramps at Various School Locations. I. Annual Slurry Seal Program X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Shay adjourned the meeting at 9:32 p.m. 1'u spectl) Da d G41iu, Agenda No. 6.3(b) CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING JULY 12, 2007 CALL TO ORDER: Vice Chairman Mok called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Mok led the Pledge of Allegiance. ROLL CALL: Commissioners Liana Pincher, Jack Shah, and Vice Chairman Kenneth Mok Absent: Commissioner Jimmy Lin and Chairman Michael Shay were excused. Also Present: David Liu, Public Works Director; Rick Yee, Senior Engineer, Kimberly Molina, Associate Engineer, and Marcy Hilario, Senior Administrative Assistant. APPROVAL OF MINUTES: Minutes of the June 14, 2007 meeting — continued to the August 9, 2007 Meeting. II. PUBLIC COMMENTS: Genea Wall, 1557 Meadow Glen Road, spoke in favor of a crossing guard at Mountain Laurel Way on Diamond Bar Boulevard. SE/Yee responded to the speaker that at its June 14, 2007 meeting, the Traffic and Transportation Commission concurred with the findings of the crossing guard warrant study that a crossing guard was not warranted at the location. At the Commission's recommendation, staff engaged in discussions with school officials at Chaparral Middle School and determined that the school principal was very proactive in school traffic safety. In addition to addressing the issue on the PA system on a daily basis, the school and the Sheriff's Department provide consistent and ongoing safety education for the students and parents. Additionally, staff has provided additional recommendation for striping and signage on every leg of the intersection as well as split phasing of the traffic signal that would provide isolated crosswalk movement on the north leg of the intersection. This information was provided during a community meeting that Ms. Wall attended. At the conclusion of the community meeting residents acknowledged staff's proposal would be helpful. Staff intends to bring this matter to the City Council on August 7th C/Pincher asked if there was a possibility to post flashing lights during school crossing hours as an added alert for drivers. PWD/Liu said it was an option that involved July 12, 2007 PAGE 2 T&T COMMISSION IV additional signage at a signalized intersection and flashing lights would be more appropriate at un -signalized intersections to not confuse the issue. Ms. Wall said she believed adult presence would greatly help mitigate the situation at the intersection because young children were not responsible enough to fend for themselves. CONSENT CALENDAR: A. Traffic Signal Warrant Analysis for Grand Avenue/Cahill Place and Grand Avenue/Gleghorn Drive. PWD/Liu referred to staff's report and recommended that the Commission concur with staff's findings. C/Shah moved, C/Pincher seconded to recommend that the intersections of northbound and southbound Grand Avenue from Cahill Place and Cleghorn Drive remain un -signalized. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Pincher, Shah, VC/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin, Chair/Shay ITEMS FROM STAFF A. Traffic Enforcement Update — Continued to August 9, 2007 1. Citations: March, April, May and June 2007 2. Collisions: March, April, May and June 2007 3. Street Sweeping: March, April, May and June 2007 V. OLD BUSINESS: None VI, NEW BUSINESS: A. Traffic Concerns along Pathfinder Road west of Brea Canyon Road and east of the SR57. SE/Molina presented staff's report and recommended that the Traffic and Transportation Commission concur with staff to install Texas dots along the median striping along Pathfinder Road west of South Brea Canyon Road and east of the SR 57. C/Shah wanted to know if staff had considered a landscaped median at this location in place of Texas dots. PWD/Liu responded that landscaped medians provide good traffic control but require considerable resources. In addition, July 12, 2007 PAGE 3 T&T COMMISSION landscaped medians are not installed to prevent illegal maneuvers. This proposal is an interim measure to mitigate illegal moves. C/Pincher was concerned that the no -left turn sign at the Denny's Restaurant entrance was missing. She was also concerned about the behavior of the drivers exiting the driveways and wondered why the Texas dots would not be installed all the way to the bridge. SE/Molina responded that the dots could be installed from the bridge to the crosswalk. However, she would have to check with the City's traffic engineer to see if it was acceptable to place them inside the median area. At this time there is no additional striping contemplated. SE/Molina said staff would modify the recommendation to include dots along all of the striping from crosswalk to crosswalk. SE/Molina indicated to VC/Mok that affected businesses and property owners along Pathfinder Road were notified of this meeting as well as staff's recommendation. C/Pincher moved, VC/Mok seconded to concur with staff to install Texas dots along the median striping on Pathfinder Road west of Brea Canyon Road ar.d west of the SR 57. C/Shah asked for the maker of the motion to modify her motion to request that staff develop a priority list for medians based on need. C/Pincher concurred with the recommended amendment and VC/Mok seconded the amended motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Pincher, Shah, VC/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin, Chair/Shay VII. STATUS OF PREVIOUS ACTION ITEMS AE/Molina reported that in February staff received a request from a concerned resident about speeding and cut -through traffic along Palomino Drive. In accordance with the Neighborhood Traffic Management Program manual guidelines, 51 percent of the residents are required to sign a petition in favor of launching the NTMP. The individual requesting the mitigation was advised of the requirement and obtained signatures in excess of the 51 percent required. On June 28th, staff held a meeting with residents living on Palomino Drive. About 20 residents of Palomino Drive and neighboring streets attended the meeting and provided valuable input. Staff recorded the meeting and will be taking a four-day traffic volume and speed data count on Thursday, Friday, Saturday and Sundayto develop an action plan for addressing the concerns. At a subsequent meeting staff will provide information regarding possible mitigation tools. VIII. ITEMS FROM COMMISSIONERS C/Pincher asked if it was still appropriate to have a left turn lane from westbound Grand Avenue into the shopping center immediately east of Diamond Bar Boulevard. When exiting the shopping area drivers make illegal left turns onto westbound Grand July 12, 2007 PAGE 4 T&T COMMISSION Avenue across traffic. PWD/Liu recalled that several years ago staff attempted to work with the shopping center owner to create a better circulation pattern and the City was asked to keep the circulation as it had been for many years. As a result, the City installed river rock with median openings to allow the access. Staff will investigate to determine if additional measures can be implemented to address the illegal left turn movement from the shopping center onto westbound Grand Avenue. C/Shah said that at Golden Springs Drive and Grand Avenue the left and middle lanes do not line up properly because of the two left -turn pockets causing motorists to become confused and move over into the wrong lane. He asked staff to investigate the matter and report back to the Commission. IX. INFORMATIONAL ITEMS Staff updated the Commission on the following items: A. NTMP Pilot Project — Traffic Data Results B. Neighborhood Traffic Management Program — Sunset Crossing/Prospectors C. Grand Avenue Improvements Project — Phase III D. Industry's Grand Avenue Bridge Widening/Interchange Project E. Lemon Avenue On/Off Ramps Project F. Washington Street Cul -de -Sac G. ACE Grade Separation on Brea Canyon Road H. SR57/60 Feasibility Study I. CDBG Curb Ramps at Various School Locations. J. Annual Slurry Seal Program X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Vice Chairman Mok adjourned the meeting at 8:29 p.m. Respectfully, David G. L" , Secretary Attest: c hairman Kenrieth M k CITY COUNCIL Agenda 4 6.4 Meeting Date: October 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Maa TITLE: Ratification of Check Register dat d September 13, 2007 through September 26, 2007 totaling $723,778.33 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $723,778.33 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 September 13, 2007 through September 26, 2007 for $723,778.33 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance ctor Assistant City Manager Attachments: Affidavit and Check Register — 09/13/07 through 09/26/07. 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 September 13, 2007 through September 26, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $547,106.87 Prop A - Transit Fund 52,084.46 Int. Waste Mgt Fund 3,257.51 AB2766 - AQMD Fund 26,782.15 CDBG Fund 6,322.64 LLAD #38 Fund 14,440.24 LLAD #39 Fund 6,383.65 LLAD #41 Fund 7,585.27 Capital Improvement Project Fund 59,815.54 $723,778.33 Signed: Li da G. Magnbsbn Finance Director City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2007 07 -PP 19 PAYROLL TRANSFER P/R TRANSFER 07/PP 19 001 10200 133,156.13 $143,061.05 9/20/2007 PAYROLL TRANSFER P/R TRANSFER 07/PP 19 112 10200 4,478.02 9/20/2007 PAYROLL TRANSFER P/R TRANSFER 07/PP 19 115 10200 3,257.51 9/20/2007 PAYROLL TRANSFER P/R TRANSFER 07/PP 19 118 10200 1,200.50 9/20/2007 PAYROLL TRANSFER P/R TRANSFER 07/PP 19 125 10200 968.89 9/13/2007 1 77179 JAARP I MATURE DRIVING CLASS 1 0015350 1 45300 1 200.001 $200.00 9/13/2007 77180 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 13.96 $52.98 9/13/2007 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 0014090 41200 16.87 9/1312007 AJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATES 0014090 41200 22.15 9/13/2007 1 77181 JALAMEDA CORRIDOR -EAST (ACE) IMPRM-WINDWOOD DR 1 2505510 1 46411 1 50,000.001 $50,000.00 9/13/2007 77182 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 361.54 $641.80 9/1 312 0 0 7 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 151.44 911312007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 128.82 9/13/2007 1 77183 AREA D MEMBERSHIP DUES -FY 07/08 1 0014440 1 42315 1 2,965.75 $2,965.75 9/13/2007 77184 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-507 001 23012 165.00 $1,815.00 9/1312007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 05-476 001 23012 660.00 9/13/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-476 001 23012 118.80 9/13/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-476 001 34650 -118.80 9/13/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 23012 29.70 9/13/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 34650 -29.70 9/13/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-574 001 23012 990.00 9/13/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-574 001 23012 178.20 9/1312007 JARROYO GEOTECHNICAL CORP ADMIN FEE -EN 07-574 001 34650 -178.20 9/13/2007 77185 AT & T PH.SVCS-GENERAL 0014090 42125 -28.95 $0.00 911312007 AT & T PH.SVCS-GENERAL 0014090 42125 -24.71 9/13/2007 AT & T PH.SVCS-GENERAL 0014090 42125 -655.34 9/13/2007 AT & T PH.SVCS-GENERAL 0014090 42125 -34.79 9/13/2007 AT & T PH.SVCS-DATA MODEM 0014090 42125 -4.11 9/13/2007 AT & T PH.SVCS-DIAL IN ACCESS 0014090 42125 -68.06 Page 1 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 77185... AT & T PH.SVCS-INFO TO GO 0014090 42125 -107.76 $0.00 ... 9/13/2007 77189 AT & T PH.SVCS-GENERAL 0014090 42125 28.95 $347.39 9/13/2007 AT & T PH.SVCS-GENERAL 0014090 42125 24.71 9/13/2007 AT & T PH.SVCS-GENERAL 0014090 42125 655.34 9/13/2007 AT & T PH.SVCS-GENERAL 0014090 42125 34.79 9/13/2007 AT & T PH.SVCS-DATA MODEM 0014090 42125 4.11 9/1312007 AT & T PH.SVCS-DIAL IN ACCESS 0014090 42125 68.06 9/13/2007 AT & T PH.SVCS-INFO TO GO 0014090 42125 107.76 9/13/2007 1 77186 IBENESYST ADMIN SVCS -FSA 1 0014060 1 42346 1 85.001 $85.00 9/13/2007 77187 BEST LIGHTING PRODUCTS SUPPLIES -DBC 0015333 42210 161.56 $761.62 9/13/2007 BEST LIGHTING PRODUCTS SUPPLIES -PETERSON PK 0015340 42210 121.21 9/13/2007 77189 BEST LIGHTING PRODUCTS SUPPLIES-REAGAN PARK 0015340 42210 357.64 $347.39 9/13/2007 BEST LIGHTING PRODUCTS SUPPLIES-SYC CYN PK 0015340 42210 121.21 9/13/2007 1 77188 BILL'S AUTO UPHOLSTERY EQ MAINT-COMM SVCS 1 0015310 1 42200 1 465.00 $465.00 9/13/2007 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 261.71 9/13/2007 1 77189 BOBBY L ROSE COMP LOAN PROGRAM 1 001 1 13135 1 347.39 $347.39 9/13/2007 77190 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 57.37 $392.15 9/13/2007 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 261.71 9/13/2007 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 73.07 9/13/2007 77191 CDW GOVERNMENT INC. SUPPLIES-I.T 0014070 41200 434.45 $17,160.36 9/13/2007 CDW GOVERNMENT INC. SUPPLIES-I.T 0014070 41200 156.28 9/13/2007 CDW GOVERNMENT INC. SUPPLIES-I.T 0014070 41200 202.48 9/13/2007 CDW GOVERNMENT INC. SUPPLIES-I.T 0014070 41200 35.61 9/13/2007 CDW GOVERNMENT INC. SUPPLIES -13 0014070 41200 34.48 9/13/2007 CDW GOVERNMENT INC. EQ MAI NT -TRANSIT SYS 1125553 46230 596.46 9/13/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE 1185098 46230 6,251.44 9/13/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE 1185098 46230 5,644.16 9/13/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE 1185098 1 46230 3,805.00 9/13/2007 1 77192 CITY OF SEAL BEACH MTG-MURPHEY/BATSON 1 0015350 1 42340 1 20.00 $20.00 Page 2 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 77193 CLAREMONT FORD JEQ MAINT-COMM SVCS 0015310 1 42200 1 614.521 $614.52 9/13/2007 1 77194 ICOMMUNITY SENIOR SERVICES -SSA MEMBERSHIP DUES-FY07/08 1 0015350 1 42315 1 150.00 $150.00 9/13/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL-P/WORKS FY 06/07 0015554 42310 4,860.65 9/13/2007 1 77195 COMPUCOM MS-MAINTAGREEMT 1 0014070 1 42205 1 11,329.171 $11,329.17 9/13/2007 77196 LOS ANGELES COUNTY PUBLIC WORKS FUEL -COMM SVCS FY 06/07 0015310 42310 7,221.39 $13,118.04 9/13/2007 LOS ANGELES COUNTY PUBLIC WORKS FUEL-P/WORKS FY 06/07 0015554 42310 4,860.65 9/13/2007 77200 LOS ANGELES COUNTY PUBLIC WORKS FUEL -POOL VEH FY 06/07 0014090 42310 1,036.00 $450.00 9/13/2007 1 77197 FAHEEM DAYALA PK REFUND -DBC 1 001 1 23002 1 100.00 $100.00 9/13/2007 77198 KATHLEEN DEMARET REFUND -PARKING CITATION 001 32230 83.00 $113.00 9/13/2007 1KATHLEEN DEMARET REFUND -PARKING CITATION 001 32230 30.00 9/13/2007 1 77199 DENNIS CAROL PROF.SVCS-CC MTG 1 0014030 1 44000 1 75.00 $75.00 9/13/2007 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 282.57 9/13/2007 1 77200 DIAMOND BAR IMPROVEMENT ASSOCIATION AD -DAY AT FAIR SEPT 1 0014095 1 42115 1 450.001 $450.00 9/13/2007 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 325.81 9/13/2007 1 77201 DIAMOND BAR INTERNATIONAL DELI JMTG SUPPLIES -GENERAL 1 0014090 1 42325 1 330.00 77�$330.00 9/13/2007 77202 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 169.30 $837.68 9/13/2007 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 282.57 9/13/2007 77204 DIAMOND BAR MOBIL FUEL-NGHBRHD IMP 0015230 42310 60.00 $104.00 9/13/2007 DIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 325.81 9/13/2007 1 77203 IDURHAM SCHOOL SERVICES EXCURSION -DAY CAMP 11125350 1 45310 1 6,696.43 $6,696.43 9/13/2007 1 77204 EDUCATION TO GO ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 104.001 $104.00 9!13/2007 1 77205 JEDWARD F FLACKS ICACE CONF-SEPT 1 0015230 1 42330 1 305.801 $305.80 9/13/2007 1 77206 JENVIRONMENTAL CONSTRUCTION CONSTRUCTION-SYC CYN PK 1 2505310 1 46415 1 8,754.38 $8,754.38 9/13/2007 1 77207 JESRI INC JEQ MAINT-SOFTWARE 0014070 4ii6&__T 14,475.00 $14,475.00 9/13/2007 1 77208 IEVERGREEN INTERIORS IPLANT MAINT-AUG 07 0014090 1 42210 223.601 $327.60 Page 3 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date ICheckNumberl Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 77208 i EVERGREEN INTERIORS PLANT MAINT-LIBRARY AUG 0014090 42210 104.00 $32?.60 77210 1125553 77209 FEDEX FEDEX FEDEX FEDEX EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL EXPRESS MAIL -GENERAL 0014090 0014090 0014090 0014090 42120 42120 42120 42120 311.58 193.92 170.16 232.95 $908.( 9/13/2007 9/13/2007 9/13/2007 9/13/2007 9/13/2007 9/13/2007 9/1312007 911312007 9/13/2007 9/1312007 9/1312007 9/13/2007 77211 IRAFAEL FELIX RAFAEL FELIX FACILITY REFUND -DBC FACILITY REFUND -DBC 001 001 36615 36600 400.00 -15.00 $385.00 77210 77211 ---] FOOTHILL TRANSIT FOOTHILL PASSES -COMM 1125553 45535 1 44000 1 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 1125553 45535 77213 FOOTHILL TRANSIT CITY SUBSIDY -AUG 07 1125553 45533 1,173.00 FOOTHILL TRANSIT FOOTHILL PASSES -AUG 07 1125553 45535 JGOVPARTNER FOOTHILL TRANSIT CITY SUBSIDY -JULY 07 1125553 45533 $850.00 FOOTHILL TRANSIT FOOTHILL PASSES -JULY 07 1125553 45535 1 -390.00I $31,282.50 -577.50 Page 4 77212 IGO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 8/31 0014070 1 44000 1 1,350.00 $1,350.00 9/13/2007 77216 77213 ICHAD GONELLA CONTRACT CLASS -SUMMER 0015350 45320 1,173.00 $1,173.00 9/13/2007 9/13/2007 JGOVPARTNER REQUEST PARTNER SVCS -SEPT 1185098 1 44030 1 850.00 $850.00 9/13/2007 77214 Page 4 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 450.57 $10,690.97 9113/2007 77216 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 23012 375.00 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 34650 -375.00 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 4,914.47 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 03-363 001 23012 1,500.00 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-507 001 23012 300.00 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-507 001 34650 -300.00 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-516 001 23012 334.05 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 001 23012 83.51 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 001 34650 -83.51 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 94.12 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 161.97 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 05-496 1 001 1 23012 375.00 Page 4 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 77216... HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 23012 93.75 $10,690.97 ... 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 34650 -93.75 9/1312007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 41.99 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 04-413 001 23012 375.00 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-413 001 23012 93.75 9/13/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-413 001 34650 -93.75 9/1312007 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 45227 129.35 9/1312007 HALL & FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 450.00 9/1312007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 112.50 9/1312007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -112.50 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 104.64 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015510 45227 385.98 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-507 001 23012 1,200.00 9/13/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 1 0015551 1 45223 1 173.83 9!13/2007 77217 IKAREN HAWKES PK REFUND -DBC 001 1 23002 1 100.00 $100.00 9/13/2007 77218 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015350 44000 12.98 $1,628.87 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 42210 119.31 9/13/2007 IMPAC GOVERNMENT SERVICES EQ MAINT-COMM SVCS 0015350 42200 8.64 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -COMM SVCS 0015340 42210 8.61 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -CONCERTS 0015350 41200 37.64 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 41200 42.37 9/13/2007 IMPAC GOVERNMENT SERVICES MTG SUPPLIES-H/R 0014060 42325 148.90 9/13/2007 IMPAC GOVERNMENT SERVICES AD-H/R 0014060 42115 300.00 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -RECREATION 0015350 42410 46.00 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -DBC 0015333 41200 223.00 9/13/2007 IMPAC GOVERNMENT SERVICES COMP MAINT-13 0014070 42205 104.97 9/13/2007 IMPAC GOVERNMENT SERVICES MTG-I.T 0014070 42325 17.89 9/13/2007 IMPAC GOVERNMENT SERVICES SUPPLIES -13 0014070 41200 279.56 9/13/2007 IMPAC GOVERNMENT SERVICES SCACEO CONF-FLACKS/SORIAN 0015230 42340 130.00 9/13/2007 IMPAC GOVERNMENT SERVICES TRNG-D ALVAREZ 0015210 42340 149.00 9/13/2007 77219 JINTAND ROUNDBALL OFFICIALS OFFICIAL SVCS -SEPT 0015350 45300 1 360.001 $360.00 Page 5 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date ICheckNumberj Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 1 220 it a Aero VALLEY Ev H MANE SOCIETY 1ANIMAL CONTROL SVCS -SEPT 0014431 45403 I 7,966.671 $7,966.67 9/13/2007 1 77221 JOBS AVAILABLE ADS -HIR SEPT 07 0014060 42115 102.001 $102.00 9/13/2007 77222 IJOE A. GONSALVES & SON INC. ILEGISLATIVE SVCS -SEPT 07 0014030 44000 3,000.00 $3,000.00 9/13/2007 77223 ILA HABRA FENCE CO INC SUPPLIES -PARKS 0015340 42210 530.13 $530.13 9/13/2007 77224 LAUREN M HIDALGO REIMB-TUITION 0014095 42340 1 1 0015333 $1,219.75 9/13/2007 77225 1HANDINI LESMANA IRECREATION REFUND 001 34780 79.00 $79.00 9/13/2007 77226 BOB LIEBE IRECREATION REFUND 001 34780 171.0011 $171.00 9/13/2007 9/13/2007 77227 YOLANDA LIU YOLANDA LIU FACILITY RENTAL -DBC PROPERTY DAMAGE 001 001 23002 36810 650.00 -182.50 $467.50 9/13/2007 9/13/2007 �772218�LOS ANGELES COUNTY PUBLIC WORKS S ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -JAN 07 SUMP PUMP MAINT-JUN 07 0015510 0015340 45530 42210 336.30 381.74 $718.04 9/13/2007 9/13VERONICA 77229 VERONICA MARTINEZ MARTINEZ FACILITY RENTAL -DBC PROPERTY DAMA5 001 23002 ::�500.�00$4166.00 9/13/2007 1 77230 IMISAC IMEMBERSHIP DUES -1 AZIZ 0014070 42315 1 100.00 $100.00 Page 6 MT CALVARY LUTHERAN CHURCH & SCHOOL FACILITY RENTAL AUG 07 0015350 42140 400.00 $400.00 9/13/2007 77232 OLYMPIC STAFFING SERVICES TEMP SVCS C/SVCS WK 9/2 0015310 44000 1 158.881 $158.88 9/13/2007 77233 ORKIN PEST CONTROL INC ORKIN PEST CONTROL INC ORKIN PEST CONTROL INC GOPHER CNTRL-DIST 38 AUG GOPHER CNTRL-SYC CYN AUG GOPHER CNTRL-PANTERA AUG 1385538 0015340 0015340 42210 42210 42210 57.75 60.50 82.50 $200.75 9/13/2007 9/13/2007 9/1312007 77234 PHILIP H WILLIAMS REIMB-DBC 1 0015333 1 41200 143.05 $43.05 9/13/2007 77235 Page 6 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 9/13/2007 77237 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 529.90 Total Check Amount Check Date Check Number Vendor Name FUEL -ROAD MAINT Transaction Description 42310 Fund/ Dept Acct # Amount 77241 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 181.99 $300.00 $1,235.00 9/13/2007 77236 POMONA JUDICIAL DISTRICT IPARKING CITATION FEES-JUL 001 32230 1,235.00 9/13/2007 77237 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 529.90 $2,654.07 9/13/2007 1 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 517.92 9/13/2007 77241 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 181.99 $300.00 9/13/2007 PRINCE SHANT CORP FUEL-NGHBRHD IMP 0015230 42310 421.01 9/13/2007 77246 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 631.95 $271.96 9/13/2007 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 1 42310 371.30 9/13/2007 77238 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -HERITAGE PK 0015340 42210 74.76 $127.26 9/13/2007 1 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -DBC 0015333 1 42210 52.50 1 9/13/2007 77239 PRINTWERKS PRINT SVCS -LETTERHEAD 0014090 42110 444.91 $519.60 9/13/2007 IREINBERGER REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 42110 1 74.69 9/13/2007 1 77240 IRJM DESIGN GROUP INC ICONSULTANT SVCS-PANTERA 2505310 1 46415 1,061.16 $1,061.16 9/13/2007 SECTRAN SECURITY INC. COURIER SVCS -AUG 07 0015350 42353 302.64 9/13/2007 1 77241 IPAMELA ROBINSON IRECREATION REFUND 001 1 36615 300.001 $300.00 9/13/2007 77242 SECTRAN SECURITY INC. COURIER SVCS-JUL 0015350 42353 302.64 $907.92 9/13/2007 SECTRAN SECURITY INC. COURIER SVCS -AUG 07 0015350 42353 302.64 9/13/2007 77245 SECTRAN SECURITY INC. COURIER SVCS -SEPT 07 0015350 42353 302.64 $60.00 9/13/2007 77243 PRITI SHAH FACILITY RENTAL -DBC 001 23002 700.00 $632.00 9/13/2007 PRITI SHAH PROPERTY DAMAGE 001 36615 -68.00 9/13/2007 1 77244 ISIGN CONTRACTORS INC INSTALL -BANNERS 1 0015350 1 45300 1 134.541 $134.54 9/13/2007 1 77245 1HELEN SIN RECREATION REFUND 1 001 1 34780 60.00 $60.00 9/13/2007 1 77246 ISMART & FINAL SUPPLIES -SR BINGO 1 0015350 1 41200 1 271.96 $271.96 9/13/2007 1 77247 ISO CAL SANITATION 1EQ RENTAL-SUMMITRDG PK 1 0015340 1 42130 1 553.05 $553.05 9/13/2007 1 77248 ISOMERSET AUCTIONS IFACILITY RENTAL -DBC 1 001 1 23002 1 500.00 $500.00 Page 7 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 9/1312007 77249 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 ELECT SVCS -DBC 1385538 0015333 1 42126 42126 15.87 10,304.32 $10,320.19 9/13/2007 1 77250 JANGELINA SPAGNOLO RECREATION REFUND 1 001 1 34780 1 200.00 $200.00 9/13/2007 77251 THE COMDYN GROUP INC WATER SUPPLIES-C/HALL 0014090 1 41200 1 208.71 $218.46 9/13/2007 ISPARKLETTS SPARKLETTS EQ RENTAL -AUG 07 0014090 1 42130 1 9.75 9/13/2007 1 77252 ITENNIS ANYONE CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 67.20 $67.20 9/13/200777253 77254 THE COMDYN GROUP INC CONSULTANT SVCS -WK 8/17 0014070 44000 2,500.00 $2,875.00 911312007 THE COMDYN GROUP INC CONSULTANT SVCS -WK 8/10 0014070 44000 375.00 9/13/2007 1 77254 ITHE RIGHT CONNECTION INC SUPPLIES -RECREATION 1 0015350 1 41200 1 247.29 $247.29 9/13/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS JUL 0015340 45300 23,657.80 9/13/2007 1 77255 ITHE STORRS GROUP CONVERT GRS DATA-I.T. 1 0014070 1 44000 1 1,000.00 $1,000.00 9/1 312 00 7 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS AUG 0015340 45300 23,657.80 9/13/2007 1 77256 ITHOMSON WEST PUBLICATIONS -CITY CLERK 1 0014030 1 42320 1 214.321 $214.32 9/13/2007 1 77257 JUCN INC LONG DIST SVCS -AUG 07 1 0014090 1 42125 1 60.82 $60.82 9/13/2007 1 77258 JUNDERGROUND SERVICE CO 1EQ MAINT-PETERSON PK 0015340 1 42210 1 725.001 $725.00 9/13/2007 1 77259 UNITED PARCEL SERVICE 1EXPRESS MAIL -GENERAL 1 0014090 1 42120 1 85.30 $85.30 9/13/2007 1 77260 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 1 0014060 1 42345 1 126.00 $126.00 9/13/2007 77261 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC JUL 0015333 45300 5,428.33 $58,172.26 9/13/2007 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS JUL 0015340 45300 23,657.80 9/1312007 77263 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC AUG 0015333 45300 5,428.33 $150.00 9/1 312 00 7 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS AUG 0015340 45300 23,657.80 9/13/2007 1 77262 IVERIZON CALIFORNIA PH.SVCS-HERITAGE PK 1 0015340 1 42125 1 38.56 $38.56 9/13/2007 1 77263 IVISION INTERNET PROVIDERS INC IWEB HOSTING -AUG 07 10014070 1 44030 1 150.00 $150.00 9/13/2007 1 77264 JW.W. GRAINGER INC. JEQ MAINT-HERITAGE PK 0015340 1 42210 1 166.151 $333.07 Page 8 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/13/2007 77264... JW.W. GRAINGER INC. iEQ MAINT-HERITAGE PK 0015340 42210 166.921 $333.07 ... 9/13/2007 1 77265 IWALNUT VALLEY WATER DISTRICT JELECT SVCS-EASTGATE COMM 1 0014440 1 42126 1 81.671 $81.67 9/13/2007 77266 SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 954.83 $1,299.42 9/13/2007 IWAXIE WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PK 0015340 42210 344.59 9/13/2007 1 77267 IWEST END UNIFORMS SUPPLIES-V/PATROL 1 0014415 1 41200 1 93.96 $93.96 9!1312007 YOSEMITE WATER WATER SUPPLIES -AUG 0015350 41200 43.50 9113/2007 1 77268 IPAUL WRIGHT jAfV SVCS-P/C,CC MTG 1 0014090 1 44000 1 175.00 $175.00 9/13/2007 77269 YOSEMITE WATER EQ RENTAL-SYC CYN PK AUG 0015310 1 42130 13.25 $56.75 9!1312007 YOSEMITE WATER WATER SUPPLIES -AUG 0015350 41200 43.50 9/17/2007 1 77270 IDELTA CARE USA IDENTAL PREMIUMS -09/07 1 001 1 21104 1 387.95 $387.95 9/19/2007 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 77.00 9/17/2007 1 77271 DELTA DENTAL IDENTAL PREMIUMS -09/07 1001 1 21104 1 2,224.53 $2,224.53 9/19/2007 77272 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 65.00 $1,289.30 9/19/2007 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 77.00 9/19/2007 77274 WELLS FARGO BANK EXCURSION -FISH COMP 0015350 42410 686.56 $189.00 9/19/2007 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 65.00 9/19/2007 77275 WELLS FARGO BANK SUPPLIES -RECREATION 0015350 42410 27.27 $905.98 9/19/2007 WELLS FARGO BANK SUPPLIES -SR PARTY 0015350 41200 26.92 9/19/2007 77276 WELLS FARGO BANK SUPPLIES -SR PARTY 0015350 41200 75.78 $75.00 9/19/2007 WELLS FARGO BANK SUPPLIES -SR PARTY 0015350 41200 127.77 9/19/2007 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 60.00 9/19/2007 WELLS FARGO BANK EXCURSION -DAY CAMP 0015350 42410 1 78.00 9/20/2007 1 77273 IJACQUELYN ABAD VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.001 $25.00 9/20/2007 77274 JAGI ACADEMY CORP ICONTRACT CLASS -SUMMER 0015350 45320 1 189.00 $189.00 9/20/2007 77275 JAGRICULTURAL COM WGHTS & MEASURES ICOYOTE CONTROL SVCS-JUL 0014431 45406 1 905.981 $905.98 9/20/2007 77276 JANAISA AMARI IVOLUNTEEN STIPEND 0015350 45300 1 75.001 $75.00 Page 9 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2007 77277 CABBIE YAZEL AMATO VOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20!2007 1 77278 JAMERICAN MESSAGING EO LEASE -PAGERS 0014090 1 42130 1 54.13 $54.13 9/2012007 77279 AMERICANA ART CHINA CO SUPPLIES -CITY MUGS 0014090 41400 16.39 $26.52 9/2012007 9/20/2007 AMERICANA ART CHINA CO I SUPPLIES -CITY MUGS 0014090 41400 10.13 50.00 9/2012007 77280 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -WK 9/6 0015310 42130 26.75 $53.50 9/20/2007 9/20/2007 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS WK 9113 0015310 42130 26.75 50.00 9/20/2007 77281 JIMRAN ASHRAP IVOLUNTEEN STIPEND 1 0015350 45300 1 20.001 $20.00 9/20/2007 9/20/2007 77282 ISARA BARAJAS VOLUNTEEN STIPEND 0015350 45300 50.00 $50.00 77291 77283 JESSICA BARRIOS VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2007 BONTERRA CONSULTING INC. 77284 1WHITNEY BELL IVOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20/2007 1 ADMIN FEE -FPL 2002-09 77285 IBENESYST 9/21/07-P/R DEDUCTIONS 1 001 21105 335.76 $335.76 9120/2007 001 77286 IBLUE SKY CAFE MTG SUPPLIES ECON DEV 1 0014030 42325 35.721 $35.72 9120/2007 9/20/2007 77287 IGUNNAR BOELMAN IVOLUNTEEN STIPEND 1 0015350 45300 100.00 $100.00 9/20/2007 77288 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 4,866.23 $10,963.58 9/20/2007 77290 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 875.92 $100.00 9/20/2007 77291 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -875.92 $20.00 9/20/2007 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 6,097.35 9/20/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 1,097.52 9/20/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -1,097.52 9/20/2007 77289 RICHARD CALDERA VOLUNTEEN STIPEND 0015350 45300 75.00 $75.00 9/20/2007 1 77290 IKIMBERLY CAVALLO IVOLUNTEEN STIPEND 1 0015350 1 45300 1 100.0ol $100.00 9/20/2007 1 77291 JEUGENIO CHANG IVOLUNTEEN STIPEND 1 0015350 1 45300 1 $20.00 Page 10 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 9/20/2007 77297 Vendor Name VOLUNTEEN STIPEND Transaction Description 45300 Fund/ Dept Acct # Amount Total Check Amount SEENA CHOKSHI Check Date Check Number 45300 50.00 $50.00 9/20/2007 77299 CLAREMONT FORD EO MAINT-COMM SVCS 0015310 42200 103.10T__$1 03.10 CHANG IVOLUNTEEN STIPEND CONTRACT CLASS -SUMMER 0015350 1 45300 20.00 $20.00 9120/2007 9/20/2007 77292 IHOWARD CONTRACT CLASS -SUMMER 0015350 ILIGIA CHANG IVOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20/2007 77293 42320 887.00 INICOLE CHANG VOLUNTEEN STIPEND 0015350 1 45300 50.00 $50.00 9/20/2007 77294 ISCOTT CHANG REFUND -FPL 2007-264 001 1 23010 1,660.00 $1,660.00 9/20/2007 77295 SOPHIA CHEN PROF.SVCS-EN 07-568 001 23012 500.00 $230.00 9/20/2007 77296 9/20/2007 SOPHIA CHEN ADMIN FEE -EN 07-568 001 34650 -270.00 9/20/2007 77297 JESTELLE CHOE VOLUNTEEN STIPEND 10015350 45300 20.001 $20.00 9/20/2007 77298 SEENA CHOKSHI VOLUNTEEN STIPEND 0015350 45300 50.00 $50.00 9/20/2007 77299 CLAREMONT FORD EO MAINT-COMM SVCS 0015310 42200 103.10T__$1 03.10 9/2012007 77300 CONSTANCE J. LILLIE CONTRACT CLASS -SUMMER 0015350 45320 442.20 $442.20 9120/2007 77301 CREATOR'S TOUCH CONTRACT CLASS -SUMMER 0015350 45320 270.00 $270.00 9/20/2007 77302 CRITTENDEN RESEARCH PUBLICATIONS-PLNG 0015240 42320 887.00 $887.00 Page 11 n PEER ROSENRI IT & I ITVGK IIP //aVR DAPEER .. "... -.. __. LEGAL SVCS -GENERAL JUL 0014020 44023 5,213.001 $5,213. y/ZVILVV/ 77304 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2007-263 001 23010 1,512.24 $1,512.24 9/20/2007 9/20/2007 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2007-263 001 23010 272.20 9/20/2007 DAVID EVANS AND ASSOCIATES INC ADMIN FEE -FPL 2007-263 001 34430 -272.20 77305 DAY & NITE COPY CENTER PRINT SVCS-PLNG 0015210 1 42110 1 $135.96 9/20/2007 Page 11 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2007 77307... DH MAINTENANCE MONTHLY MAINT-PARKS JUL 0015340 42210 735.17 $31,142.00 ... 9/20/2007 77309 DH MAINTENANCE ADDL MAINT-DBC 0015333 45300 375.00 $512.00 9/20/2007 DH MAINTENANCE ADDL MAI NT -DBC 0015333 45300 4,795.00 9/2012007 1 77308 DIANA CHO & ASSOCIATES ICONSULTANT SVCS-CDBG JUL 1 1255215 1 44000 1 2,587.50 $2,587.50 9/20/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-140 001 23010 32.50 9/20/2007 1 77309 RONALD M EVERETT REIMB-CM FORUM 1 0014010 1 42330 1 512.00 $512.00 9/20/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-234 001 23010 32.50 9/20/2007 77310 CAITLIN EVERHART IVOLUNTEEN STIPEND 1 0015350 1 45300 1 25.001 525.00 9/20/2007 77311 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 53.90 $232.65 9/20/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-140 001 23010 32.50 9/20/2007 77313 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-215 001 23010 32.50 $25.00 9/20/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2006-234 001 23010 32.50 9/20/2007 77314 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-70 001 23010 16.25 $100.00 9/20/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-150 001 23010 32.50 9/20/2007 77315 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-266 001 1 23010 1 32.50 $25.00 9/20/2007 1 77312 IFANTASY NAILS & SPA DEP REFUND -SIGNS 1 001 1 34430 1 100.00 $100.00 9/20/2007 GREG & SUSIE CHIANG ADMIN FEE -EN 07-577 001 34650 270.00 9/20/2007 1 77313 JKATHLEEN FENSTERMAKER VOLUNTEEN STIPEND 1 0015350 1 45300 1 25.001 $25.00 9/20/2007 1 77314 IFRANCHISE TAX BOARD ISLRY ATTCHMT-P/D 9/21 1 001 1 21114 1 100.00 $100.00 9/20/2007 1 77315 IMARISSA FRIAR IVOLUNTEEN STIPEND 1 0015350 1 45300 1 25.001 $25.00 9/20/2007 1 77316 JELIZABETH GALLARDO IVOLUNTEEN STIPEND 1 0015350 1 45300 1 50.001 $50.00 9/20/2007 1 77317 JILIANAGARCIA IVOLUNTEEN STIPEND 1 0015350 1 45300 1 25.00 $25.00 9/20/2007 1 77318 IWILLIAM GIEBE ICONTRACT CLASS -SUMMER 00153501 45320 1 422.40 $422.40 9/20/2007 1 77319 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL-JUL 07 1 0015230 1 45520 1 6,750.00 $6,750.00 9/20/2007 1 77320 GREG & SUSIE CHIANG PROF.SVCS-EN 07-577 001 23012 500.00 $230.00 9/20/2007 GREG & SUSIE CHIANG ADMIN FEE -EN 07-577 001 34650 270.00 Page 12 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # AmountTotal Check Amount 9/20/2007 77321 CAMELLIA GREGONAN VOLUNTEEN STIPEND 0015350 45300 50.00 $50.00 9/20/2007 1 77322 IJEAN GUO I VOLUNTEEN STIPEND 1 0015350 45300 25.00 $25.00 9/20/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUB NOTICE 0015210 42115 251.25 9/20/2007 1 77323 ICHANDLER HARRIS VOLUNTEEN STIPEND 0015350 1 45300 1 20,001 $20.00 9/20/2007 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS AUG 0014020 44020 619.20 9/20/2007 1 77324 JALEXANDRA HERNANDEZ IVOLUNTEEN STIPEND 0015350 45300 I50.00 3,407.07 $50.00 9/20/2007 77325 IMELISSA HICKEY VOLUNTEEN STIPEND 0015350 1 45300 1 100.001 $100.00 9/20/2007 77326 IVINCENT HSU VOLUNTEEN STIPEND 1 0015350 45300 20.00 $20.00 9/20/2007 1 77327 HYUN MIN HWANG IVOLUNTEEN STIPEND 1 0015350 45300 20.001 $20.00 9/20/2007 77328 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-246 001 23010 247.50 $546.25 9/20/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUB NOTICE 0015210 42115 251.25 9/20/2007 77332 INLAND VALLEY DAILY BULLETIN LEGAL AD -ELECTION 0014030 42115 47.50 $20.00 9/20/2007 1 77329 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS -OCT 1 0014431 45403 1 7,966.671 $7,966.67 9/20/2007 77330 JENKINS & HOGIN, LLP LEGAL SVCS -AUG 07 0014020 44020 8,978.40 $15,240.67 9/20/2007 JENKINS & HOGIN, LLP LEGAL SVCS -COM DEV AUG 0014020 44020 2,132.80 9/20/2007 77332 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS AUG 0014020 44020 103.20 $20.00 9/20/2007 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS AUG 0014020 44020 619.20 9/20/2007 77333 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES AUG 0014020 44021 3,407.07 $250.00 9/20/2007 1 77331 IJUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN -AUG 07 0014411 1 45405 1 $794.20 9/20/2007 77332 SOHINI KHAKHRIA VOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20/2007 77333 JKLEINFELDER INC REFUND -EN 07-579 1 001 23012 1 250.00 $250.00 9/20/2007 77334 LDM ASSOCIATES INC. CONSULTANT SVCS-JUL 07 1255215 44000 2,766.25 $2,766.25 9/20/2007 77335 ILEAGUE OF CALIFORNIA CITIES GEN MTG-COUNCIL 1 0014010 1 42325 130.00 $30.00 9/20/2007 1 77336 ILAUREN LEE IVOLUNTEEN STIPEND 1 0015350 1 45300 1 20.00 $20.00 Page 13 Check Date j Check Num City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Vendor Name 9/20/2007 77337 LEWIS ENGRAVING INC. 9/20/2007 0014090 LEWIS ENGRAVING INC. 9/20/2007 $25.00 LEWIS ENGRAVING INC. 9/20/2007 13.54 LEWIS ENGRAVING INC. 9/20/2007 42113 LEWIS ENGRAVING INC. Transaction Description ENGRAVING SVCS -CITY TILE ENGRAVING SVCS -BADGES ENGRAVING SVCS -BADGE ENGRAVING SVCS -CITY TILE ENGRAVING SVCS -CITY TILE Fund/ Dept I Acct # I Amount I Total Check Amount 0014090 42113 19.49 $112.87 0014090 42113 30.85 $25.00 0014090 42113 13.54 0014090 42113 19.49 42330 0014090 42113 29.50 IVOLUNTEEN STIPEND 9/20/2007 77338 1HELENA LIANG IVOLUNTEEN STIPEND 0015350 45300 1 25.00 $25.00 9/20/2007 9/20/2007 9/20/2007 9/20/2007 77346 MUNICIPAL SOFTWARE CORPORATION USER CONF-G GUBMAN 0015210 42330 9/20/2007 77339 LAURA LIEU IVOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 USER CONF-G GUBMAN 0015210 42330 -550.00 9/20!2007 77340 CH IEH YIN LIU CONTRACT CLASS -SUMMER 0015350 45320 396.00 $396.00 $1,620.00 9/20/2007 77348 INEXTEL COMMUNICATIONS A/T CHRGS-P[W,C/S,C/D 0014090 1 42130 1 9/2012007 77341 LOS ANGELES COUNTY CLERKS OFFICE FILING FEES-CEQA 0015310 44000 25.00 $25.00 1 45300 1 50.o01 $50.00 9/20/2007 77350 JOAK TREE LANES INC ICONTRACT CLASS -SUMMER 9/20/2007 77342 HAYLEY MAY VOLUNTEEN STIPEND 0015350 45300 20.001 $20.00 9/20/2007 1 77343 SURENDRA MEHTA ICONTRACT CLASS -SUMMER 0015350 1 45320 1,116.00 $1,116.00 9/20/2007 1 77344 MOBILE RELAY ASSOCIATES INC MOBILE RELAY ASSOCIATES INC MOBILE RELAY ASSOCIATES INC MOBILE RELAY ASSOCIATES INC REPEATER SVCS -SEPT 07 REPEATER SVCS -JUN 07 REPEATER SVCS-JUL 07 REPEATER SVCS -AUG 07 0014440 0014440 0014440 0014440 42130 42130 42130 42130 78.75 78-75 78.75 78.75 $315.00 9/20/2007 9/20/2007 9/20/2007 9/20/2007 9/20/2007 1 7744E DAVIS MORGAN VOLUNTEEN STIPEND 0015350 1 45300 1 75.001 $75.00 77346 MUNICIPAL SOFTWARE CORPORATION USER CONF-G GUBMAN 0015210 42330 550.00 1 $0.00 1 9/20/2007 9/20/2007 MUNICIPAL SOFTWARE CORPORATION USER CONF-G GUBMAN 0015210 42330 -550.00 77347 IGARY L NEELY CONSULTANT SVCS-JUL 07 0015210 44210 1,620-00 $1,620.00 9/20/2007 77348 INEXTEL COMMUNICATIONS A/T CHRGS-P[W,C/S,C/D 0014090 1 42130 1 673.991 $673.99 9/20/2007 77349 JKAYLA NORDEN IVOLUNTEEN STIPEND 0015350 1 45300 1 50.o01 $50.00 9/20/2007 77350 JOAK TREE LANES INC ICONTRACT CLASS -SUMMER 0015350 1 45320 1 144.00 $144.00 9/20/2007 Page 14 Page 15 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/20/2007 77351 OLUCHI OKWANDU VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9!20/2007 77352 OLYMPIC STAFFING SERVICES TEMP SVCS-WK 7/29 9/20/2007 OLYMPIC STA STAFFING SERVICES 0015210 44000 317.76 $1,082.37 9/20/2007 OLYMPIC STAFFING SERVICES TEMP SVCS-WK 8/5 0015210 44000 158.88 9/20/20070015210 OLYMPIC STAFFING SERVICES TEMP SVCS-WK 8/26 44000 446.85 TEMP SVCS-WK 912 0015510 44000 158,88 9/20/2007 77353 IBRIDGET PARKINS VOLUNTEEN STIPEND 0015350 1 45300 1 20.00 $20.00 9/20/2007 77354 ALANA PEREZ VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2007 77355 ALEXANDER PEREZ VOLUNTEEN STIPEND 0015350 45300 50.00 $50.00 9/20/2007 77356 PERS HEALTH 9/20/2007 PERS HEALTH OCT 07-HEALTH INS PREMS 001 21105 23,302.25 $23,618.44 9/20/2007 PERS HEALTH ADMIN FEE 0014090 40086 242.4073,79 ADMIN FEE 0014060 40093 9/20/2007 77357 PERS RETIREMENT FUND RETIRE CONTRIB-ER 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 325.56 $0.00 9/20/2007 PERS RETIREMENT FUND 001 21109 208.88 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-ER T001 21109 -325.56 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208.88 9/20/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT001 21109 8.00 9/20/2007001 PERS RETIREMENT FUND RETIRE CONTRIB-ER 21109 -13,679.07 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 -8,776.66 9/20/2007001 PERS RETIREMENT FUND SURVIVOR BENEFIT 21109 -44.64 9/20/2007001 PERS RETIREMENT FUND SURVIVOR BENEFIT 21109 8.00 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 13,679.07 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,776.66 SURVIVOR BENEFIT 001 21109 44.64 9/20/2007 77358 PROCLAMATIONS FOR PROFESSIONALS IPUBLICATIONS-CITY CLERK 0014030 42320 15.00 $15.00 9/20/2007 77359 JAMES RICHMON 9/20/2007 JAMES RICHMON PROF SVCS-EN 06-533 001 23012 500.00 $160.00 ADMIN FEES-EN 06-533 001 34650 340.00 9/20/2007 77360 ROYAL STREET COMMUNICATIONS TIONS PROF SVCS EIV 07-573 001 23012 500 00 $230.00 Page 15 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 Check Date Check Number Vendor Name Amount -270.00 Total Check Amount T t' Transaction 9/20/2007 77360... ROYAL STREET COMMUNICATIONS 9/20/2007 77361 FRANCIS SABADO CONTRACT CLASS -SUMMER 0015350 45320 504.00 $504.00 9/20/2007 77362 SAN GABRIEL VALLEY COUNCIL OF GOVT 9/20/2007 SAN GABRIEL VALLEY COUNCIL OF GOVT MEMBERSHIP DUES -A82766 1185098 42315 9,031.05 $23,062.10 9/20/2007 SAN GABRIEL VALLEY COUNCIL OF GOVT MEMBERSHIP DUES -PROP A/C 1125553 42315 9,031.05 MEMBERSHIP DUES -GEN FUND 0014090 42315 5,000.00 9/20/2007 77363 KEVIN SCOTT VOLLIi STIPEND 0015350 45300 75.00 $75.00 9/20/2007 77364 RACHEL SCOTT VOLUNTEEN STIPEND 0015350 45300 100.00 $100.00 9/20/2007 77365 RICKY SEOW 9/20/2007 RICKY SEOW PROF -SVCS -EN 07-570 001 23012 500.00 $230.00 ADMIN FEES -EN 07-570 001 34650 -270.00 9/20/2007 77366 ESTER SHIN VOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20/2007 77367 JERRY SHORT CONTRACT CLASS -SUMMER 0015350 45320 1,154.40 $1,154.40 9/20/2007 77368 DEREK SIERRA VOLUNTEEN STIPEND 0015350 45300 25.00 $25.00 9/20/2007 77369 JAZMINE SILVER VOLUNTEEN STIPEND 0015350 45300 75.00 $75.00 9/20/2007 77370 AMY SOO VOLUNTEEN STIPEND 0015350 45300 50.00 $50.00 9/20/2007 77371 SOUTHERN CALIFORNIA EDISON 9/20/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 67.05 $83.43 ELECT SVCS -DIST 41 1415541 42126 16.38 9/20/2007 77372 THE KOSMONT COMPANIES CONSULTANT SVCS-JUL 07 0015240 44000 520.00 9/20/2007 77373 THE SAN GABRIEL VALLEY NEWSPA7GR $520.00 9/20/2007 THE SAN GABRIEL VALLEY NEWSPALEGAL LEGAL AD -FPL 2007-263 001 23010 $4,547.24 9/20/2007 THE SAN GABRIEL VALLEY NEWSPA AD -FPL 2007-246 001 23010 9/20/2007 THE SAN GABRIEL VALLEY NEWSPAPLEGAL LEGAL AD -FPL 2007-276 001 23010 /2007 THE SAN GABRIEL VALLEY NEWSPAPLEGAL AD -1009 VIA SORELLA9!20 0015210 42110 T237.32i 9/20/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR AD -FPL 2007-255 001 23010 9/20/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD -FPL 2007-253 001 23010 LEGAL AD -FPL 2007-70 001 23010 Description ADMIN FEES -EN 07-573 Fund/ Dept 001 Acct # 34650 Amount -270.00 Total Check Amount Page 16 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 " Check Date Transaction Description LEGAL AD-FPL 2005-150 LEGAL AD-FPL 2006-234 LEGAL AD-FPL 2006-215 LEGAL AD-FPL 2007-266 LEGAL AD-FPL 2005-170 LEGAL AD-FPL 2006-197 Total Check Amount $4,547.24 ... Check Number Vendor Name Fund/ Dept Acct # Amount 9/20/2007 9/20/2007 9/20/2007 9/20/2007 9/20/2007 9/20/2007 77373... THE SAN GABRIEL VALLEY NEWSPAPER GR THE SAN GABRIEL VALLEY NEWSPAPER GR THE SAN GABRIEL VALLEY NEWSPAPER GR THE SAN GABRIEL VALLEY NEWSPAPER GR THE SAN GABRIEL VALLEY NEWSPAPER GR THE SAN GABRIEL VALLEY NEWSPAPER GR 001 001 001 001 001 001 23010 23010 23010 23010 23010 23010 229.48 223.60 229.48 226 54 228.48 303.96 9/20/2007 9/20/2007THREE 77374 THREE VALLEYS MUNICIPAL WATER DIST VALLEYS MUNICIPAL WATER DIST $30.00 MTG-COUNCIL MTG-COUNCIL 0014010 0014010 42325 42325 15.00 15.00 9/20/2007 77375 TIME WARNER MODEM SVCS-COUNCIL $44.95 0014010 42130 44.95 9/20/2007 77376 TARA TORRES VOLUNTEEN STIPEND $75.00 0015350 1 45300 75.00 9/20/2007 77377 DAVID TRAN VOLUNTEEN STIPEND $20.00 0015350 45300 20.00 9/20/2007 77378 TRG LAND INC PROF.SVCS-SITE D PLAN $15,363.76 0015240 44000 15,363.76 9/20/2007 77379 SURBHI TRIVEDI VOLUNTEEN STIPEND $25.00 0015350 1 45300 25.00 9/20/2007 77380 ULI THE URBAN LAND INSTITUTE MEMBERSHIP DUES-FY 07/08 $200.00 0015210 42315 200.00 9/20/2007 77381 VANTAGEPOINT TRNSFR AGNTS-303248 9121/07-P/R DEDUCTIONS $5,120.51 001 21108 5,120.51 9/20/2007 77.1R 1ANDREW VELARDE VOLUNTEEN STIPEND $20.00 0015350 45300 20.00 9/20/2007 77383 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK $20.07 0015340 42125 20.07 9/20/2007 9/20/2007 9/20/2007 9/20/2007 9/20/2007 77384 WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 WATER SVCS-DIST 39 WATER SVCS-DIST 41 WATER SVCS-PARKS WATER SVCS-DBC $48,746.41 1385538 1395539 1415541 0015340 0015333 42126 42126 42126 42126 42126 14,299.57 6,383.65 7,568.89 20,300.12 194.18 9/20/2007 77385 LE HONG WANG CONTRACT CLASS-SUMMER $270.00 0015350 45320 270.00 9/20/2007 77386WAXIE SANITARY SUPPLY SUPPLIES-DBC $765.40 0015333 1 41200 1 765.40 Page 17 Page 18 City of Diamond Bar - Check Register 09/13/07 thru 09/26/07 ' Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct—# Amount Total Check Amount 9/20/2007 77387 WEST COAST ARBORISTS INC 9/20/2007 WEST COAST0015558 ARBORISTS INC TREE MAINT-AUG 07 45509 7,160.50 $39,679.75 9/20/2007 WEST COAST ARBORISTS INC WATERING SVCS-AUG 07 0015558 45510 975.00 9/20/2007 WEST COAST ARBORISTS INC TREE MAINT-JUL 07 0015558 45509 30,244.25 WATERING SVCS-JUL 07 0015558 45510 1,300.00 9/20/2007 77388 IYUN Yl 9/20/2007 IYUN Yl PROFS.SVCS-EN 05-501 001 23012 500.00 ADMIN FEES-EN 05-501$160.00 001 34650 -340.00 9/20/2007 77389 PAULA ZEPEDA VOLUNTEEN STIPEND 0015350 45300 20.00 $20.00 9/20/2007 77390 PERS RETIREMENT FUND 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 325.56 $542.44 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208,88 SURVIVOR BENEFIT 001 21109 8.00 9/20/2007 77391 PERS RETIREMENT FUND 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 13,679.07 $22,500.37 9/20/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,7 SUR SURVIVOR BENEFIT 001 21109 4.66 44.64 9/21/2007 77392 ERWIN O CHING CASQA CONN ! 1"'v0' "'7 0015510 42330 195 00 $195 00 9/21/2007 77393 KIMBERLY D MOLINA REIMB-TUITION 0015510 42340 1,500.00 $1,500.00 9/21/2007 77394 LAE ASSOCIATES INC CONSULTANT SVCS-AUG 07 1 0015551 45221 3,832.50 $3,832. 9/21/2007 77395 SGV COUNCIL OF GOVERNMENTS TAC MTG-LIU/YEE 0015510 42325 40 00 $40 00 $723,778.33 Page 18 CITY COUNCIL TO: Honorable Mayor and Members of e City Council VIA: James DeStefano, City Mana er TITLE: Treasurer's Statement — August 200 RECOMMENDATION: Approve the August 2007, Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Oct 2, 2008 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary August cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 06-07 year end the statement being presented has been termed preliminary. Once the year end numbers have been finalized revised June, July and August treasurer's statements will be represented to the City Council for approval. PREPARED BY: Linda G. Magnuson, Finance Director Depa �ntead Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT Aug 31, 2007 (Preliminary) TOTAL INVESTMENTS TOTAL CASH $37,481,905.49 $36,413,386.16 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer BEGINNING BALANCE RECEIPTS DISBURSEMENTS. TRANSFERS IN OUT ENDING BALANCE GENERAL FUND LIBRARY SERVICES FUND $32,065,020.21 1,236,367.21 $1,528,306.36 ($67,673.13) $31,705,407.93 COMMUNITY ORG SUPPORT FD 0.00 (4,882.68) 0.00 GAS TAX FUND 562,711.98 (4,882.68) TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD 822,970.09 157,954.84 68,815.31 562,711.98 912,109.62 ISTEA Fund 1,812,091.28 72,842.20 0.00 1,884,933.48 INTEGRATED WASTE MGT FD TRAFFIC IMPROVEMENT FUND 368,192.93 15,872.00 19,263.390.00 364,801.54 AB2928-TR CONGESTION RELIEF FD 382,500.00 442,069.23 382,500.00 AIR QUALITY IMPRVMNT FD TRAILS & BIKEWAYS FD 77,475.97 18,644.65 4,201.35 442,069.23 91,919.27 PARK FEES FD (26,825.00) 241,621.83 21,750.00 (26,825.00) PROP A - SAFE PARKS ACT FUND (2,016.41) 263,371.83 PARK & FACILITIES DEVEL. FD 1,743,470.61 (2,016.41) COM DEV BLOCK GRANT FD (43,286.39) 1,743,470.61 CITIZENS OPT -PUBLIC SAFETY FD 111,620.90 12,141.06 (55,427.45) NARCOTICS ASSET SEIZURE FD 334,164.69 70.00 111,550.90 CA LAW ENFORCEMENT EQUIP PRGI 76,462.39 334,164.69 LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD 27,695.87 1,540.93 48,868.10 76,462.39 (19,631.30) LANDSCAPE DIST #41 FD 76,181.79 612.56 81,133.63 71.69 50,614.62 26,179.73 GRAND AV CONST FUND 0.00 23,393.90 57,811.42 CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (2,746,504.86) 1,082,808 1,153,164.79 0.00 (3,899,669.65) EQUIPMENT REPLACEMENT FUND .89 170,280.22 1,082,808.89 COMPUTER REPLACEMENT FUND 94,798.06 170,280.22 PUBLIC FINANCING AUTHORITY FUN 86,367.67 209.78 TOTALS 39,763.72 67,673.13 4,798.06 $37,836,122.90 $1525,865.86 $2,948,602.60 $0.00 194,486.86 $36,4133 86.16 SUMMARY OF CASH• DEMAND DEPOSITS: GENERAL ACCOUNT ($1,104,153.00) PAYROLL ACCOUNT 34,383.67 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($1,068,519.33) INVESTMENTS: US TREASURY Money Market Acct. $622,086.01 LOCAL AGENCY INVESTMENT FD 27,745,332.62 FED HOME LOAN BANK NOTES 91000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 114,486.86 TOTAL INVESTMENTS TOTAL CASH $37,481,905.49 $36,413,386.16 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of August 2007 Institution Investment Type Rating Purchase Date Maturit y Fair Curr Month Interest Date Term At Cost Original Par/ Valuer* Received Rate State of California Local Agency Inv Fund AAA Wells Faro Bank 9 US Treasury Money Market AAA 27,745,332.62 27,732,709.10 5.253% Union Bank -(Fiscal Agent) US Treasury Money Market AAA $622,086.01 622,086.01 2,014.61 4.578% Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 114 ,486.86 114,486.86Wells 209.78 4.860% Wells Fargo Inst Securities Farm Credit Note AAA 2.0 Yrs 1,000,000 1,000,000 998,300.00 4.350% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000 1,000,000 995,400.00 4.540% Wells Fargo Inst Securities Fannie Mae Note AAA 06/04/07 12/04/08 1.5 Yrs 1,000,000 1,000,000 1,000,200.00 5.350% Wells Fargo Inst Securities Federal Home Loan Note AAA 01/12/07 01/12/09 2.0 Yrs 1,000,000 1,000,000 1,000,100.00 Wells Fargo Inst Securities Federal Home Loan Note AAA 02/08/07 11/07/06 02/02/09 2.0 Yrs 1,000,000 1,000,000 999,500.00 4,968.75 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 12/29/06 05/07/09 2.5 Yrs 1,000,000 1,000,000 1,000,000.00 5.460°% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/14/06 06/29/09 2.5 Yrs 1,000,000 1,000,000 998,400.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 08/14/09 2.75 Yrs 1,000,000 1,000,000 999,600.00 5.510% 04/21/07 12/21/09 2.5 Yrs 1,000,000 1,000,000 997,200.00 - 5.300% Totals for month Less Investments matured during the month $ 37,481,905.49 $ 37,457,981.97 $ 7,193.14 0.00 Total Investments: $ 37,481,905.49 2006-07 Actual Interest Income $1,734,717.95 2007-08 Budgeted Interest Income $1,089,000.00 Actual Year -To -Date Interest Income $12,101.50 Percent of Interest Received to Budget 1.111% Source of Fair Market Value: Wells Fargo Institutional Securities, LLC CITY COUNCIL Agenda # 6.6 Meeting Date: October 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: RESOLUTION NO. 2007 -XX RCV INTHE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT THE TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1747 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. RECOMMENDATION: Adopt Resolution No. 2007 -XX FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND: Private Drain No. 1747 was constructed in 1988 as part of the improvements of Parcels 1 through 4 of Parcel Map 14819. These parcels are located at the southeast corner of Grand Avenue and Golden Springs Drive where the Target Center, Brookfield Homes and Calvary Chapel are now located. With the Target and Brookfield Developments, under a new Parcel Map 61702, Parcel 1 of Parcel Map 14819 was further subdivided into three parcels (Target, Chili's and Panda Express). Parcels 2 & 3 are now the location of the Brookfield Homes and are part of the new Tract 62482. Parcel 4 of Tract 14819 remains the location of Calvary Chapel. These four lots remained tied together through their drainage system. DISCUSSION: Upon review of improvement plans for the Target Center and Brookfield Homes development, it was discovered that Private Drain No. 1747 (PD 1747) was never transferred to the County of Los Angeles Flood Control District. Several meetings were held with the developer of the Target and Brookfield Homes projects, the County Flood Control District and the County Parks and Recreation Department to discuss final transfer of PD 1747. The County Parks and Recreation Department was involved in these meetings due to the fact that PD 1747 outlets at three separate locations onto the Los Angeles County Golf Course located north of Golden Springs Drive. During plan review of the proposed storm drains for both Target and Brookfield Homes developments, several changes were made to PD 1747 as constructed in 1988. The revised PD 1747 has only two outlets to the golf course while the third (Line "C" as shown on the attached Lot Plan of PD 1747) was abandoned in place. Two manholes were recently constructed along Golden Springs Drive for Lines "A" and "B" as requested by the County which identifies the location at which PD 1747 becomes a public drain. All drainage facilities located south of the manholes within the Target, Brookfield and Calvary Chapel property are privately maintained. Construction of the manholes has been satisfactorily completed to both the City and County standards. Once the resolution is signed, it will be forwarded to the County and final transfer requirements will be completed by the developer. PREPARED BY: Kimberly Molina, Associate Engineer Date Prepared: September 21, 2007 REVIEWED BY: David G. L'iu, Director of Public Works Attachments: Resolution 2007 -XX Plot Plan of PD 1747 2 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 1747, IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. WHEREAS, there has been dedicated to, or the City has otherwise acquired, the storm drain improvements and drainage system known as PRIVATE DRAIN NO. 1747, described in Exhibit A attached hereto; and WHEREAS, the City is authorized and empowered to transfer and convey to the Los Angeles County Flood Control District any storm drain improvements and drainage systems for future operations, maintenance, repair and improvement; and WHEREAS, the best public interest will be served by the transfer and conveyance of the storm drain improvements and drainage system described in Exhibit A attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system in said Exhibit A. Reference is hereby made to District Drawing Nos. 313-F88.1-.7, the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of said District for further data as to the exact location, extent, and description of said storm drain improvements of drainage system. BE IT FURTHER RESOLVED that the City Engineer is directed and ordered to prepare all necessary instruments and documents, to cause the Los Angeles County Flood Control District to initiate immediate operation and maintenance of said improvements. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 2 d day of October, 2007. Steve Tye, MAYOR I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of October, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE A. CRIBBINS, CITY CLERK CITY OF DIAMOND BAR 0 EXHIBIT 'W' Private Drain 1747 A reinforced concrete pipe storm drain and appurtenant structures for Parcel Map 14819 filed in Book 154, pages 27-30, Parcel Map 61702 filed in Book 347, pages 1-4, and Tract Map 62482 filed in Book 1317, pages 32-37; inclusive, of Maps, Records of the County of Los Angeles, generally described as follows: Line "A" Commencing from an existing manhole structure located in Golden Springs Drive, westerly of Grand Ave.; thence northerly to an outlet at the Los Angeles County Golf Course, a distance of 136 feet, more or less. Line "B" Commencing from an existing manhole structure located in Golden Springs Drive, westerly of Grand Ave.; thence northerly to an outlet at the Los Angeles County Golf Course, a distance of 150 feet, more or less. All as shown on District Drawing Nos. 313-F88.1-.7 PD 174T - •- `L-- J 11 Agenda #: 6.7 (a) Meeting Date: October 2, 2007 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, Cityan TITLE: AWARD OF CONSTRUCTION DMINISTRATION SERVICES CONTRACT TO NORRIS-REPKE FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT IN THE AMOUNT OF $78,560 AND AUTHORIZE A CONTINGENCY AMOUNT OF $8,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $86,560. RECOMMENDATION: Award. FINANCIAL IMPACT: As part of the FY 2007-08 Capital Improvement Program, $877,150 was budgeted for the Prospectors Road Street Rehabilitation Project for design, construction administration and construction. To date $31,947 has been encumbered for final design. A balance of $845,203 remains. As shown in the attached table the remaining balance will be expended on Construction and Construction Administration. Prospectors Road Rehab Project FY 2007-2008 Bud et Encumbrance Balance Prospectors Road Rehab $877,150 $877,150 Kimle -Horn Final Design $28,947 $848,203 Kimle -Horn Contingency Norris-Repke Construction Administration $3,000 $78,560 $845,203 $766,643 Norris -Re ke Contingency $8,000 $758,643 RJ Noble Company $644,000 $114,643 RJ Noble Contingency $65,000 $49,643 BACKGROUND/DISCUSSION: Prospectors Road is a residential collector between Golden Springs Drive and Sunset Crossing Road. There are several pavement areas that have been experiencing distress and pavement fluctuations. Kimley-Horn and Associates was awarded a design contract and the design was completed in August of 2007. While Kimley-Horn submitted a proposal to perform construction administration services in the total amount of $118,776 for this project, the City would have had to enter into separate contracts for survey and geotechnical inspection services. In August of 2007, the City released the Request for Proposals for Construction Administration Services. Three (3) engineering consulting firms submitted proposals on August 27, 2007. 1. Norris-Repke $78,560 2. Hall & Foreman $144,063 3. PSOMAS $171,395 The proposals were reviewed and evaluated by the selection committee. Norris-Repke was selected because they best understood the City's needs and were the most qualified due to their construction management approach, public relations with the community, and knowledge of local conditions. Norris-Repke's scope of work includes: • Materials testing and geotechnical engineering and compaction Testing • Survey and re-establishing centerline monuments, prepare corner records • Construction inspection Public outreach and notification Prepare As -Built plans The tentative schedule of this project is as follows: Award of Contract October 2, 2007 Start of Construction October 29, 2007 Completion of Construction January 4, 2008 PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY: David G. Lfu, Director of Public Works Attachments: Prospectors Road Map Consulting Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of October 2, 2007 by and between the City of Diamond Bar, a municipal corporation ("City") and Norris-Repke, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated August 7, 2007. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", Norris-Repke Proposal dated August 27, 2007 attached hereto and incorporate herein by this reference. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Agreement shall take effect October 2, 2007, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service Consultant performs to the satisfaction of City in such amounts as are set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Seventy-eight Thousand Five Hundred Sixty dollars ($78,560) absent a written amendment to this Agreement. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 6. Status as Independent Consultant. Consultant: Norris-Repke 400 N. Tustin Avenue, Suite 230 Santa Ana, CA 92705 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will defend and hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any K person, firm, entity, corporation, political subdivision or other organization arising out of the negligent or wrongful acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 3 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. The City acknowledges the Consultant's design documents, including electronic files, as instruments of professional service. Nevertheless, the final design documents prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all monies due to the Consultant. The City shall not reuse or make any modifications to the design documents without the prior written authorization of the Consultant. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the design documents by the City or any person or entity that acquires or obtains the design documents from or through the Client without the written authorization of the Consultant. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 4 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 5 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 21. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 24. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: 0 Tommye A. 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Springs'' prive �� o , , s ` i , : X � r r y' }a } CITY COUNCIL Agenda # 6.7 (bl Meeting Date: October 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maa TITLE: APPROVE PLANS AND SVCIFICATIONS AND AWARD THE CONSTRUCTION CONTRACT FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT TO RJ NOBLE COMPANY IN THE AMOUNT OF $644,000; AND AUTHORIZE A CONTINGENCY AMOUNT OF $65,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $709,000. RECOMMENDATION: Approve and award. FISCAL IMPACT: As part of the FY 2007-08 Capital Improvement Program, $877,150 was budgeted for the Prospectors Road Street Rehabilitation Project for design, construction administration and construction. To date $31,947 has been encumbered for final design. A balance of $845,203 remains. As shown in the attached table the remaining balance will be expended on Construction and Construction Administration. Prospectors Road Rehab Pro'ect FY 2007-2008 Bud et Encumbrance Balance Prospectors Road Rehab $877,150 $877,150 Kimle -Horn Final Design $28,947 $848,203 Kimle -Horn Contingency $3,000 $845,203 Norris-Repke Construction Administration $78,560 $766,643 Norris -Re ke Conti igency $8,000 $758,643 RJ Noble Company $644,0001 $114,643 RJ Noble Contingency $65,0001 $49,643 BACKGROUNDIDISCUSSION: The limits of road work along Prospectors Road will be from Golden Springs Drive to Sunset Crossing Road. This project was originally intended to be a grind and overlay project but core samples taken during the design phase indicated that there was on average less than the standard thickness of asphalt, usually 5", found on residential roadways. Some sections indicated asphalt thickness as low 1.75- 2" of asphalt over select subbase (sand). The portions of the roadway identified as having 3" or less of asphalt pavement will be rehabilitated using a full depth recycling method where the entire existing asphalt thickness will be removed by grinding, the base will be re -compacted and 5.5" of asphalt will be replaced. The remaining sections of the roadway will be reconstructed with a 1" mill and 4" overlay to provide standard asphalt thickness of 5". With the completion of the plans and specifications, the project was advertised for bids on August 7, 2007. On August 30, 2007, fourteen (14) bids were received, and the lowest responsible bidder was RJ Noble Company. The bids received were as follows: Company Bid Amount 1. RJ Noble Company $644,000.00 2. All American Asphalt $647,500.00 3. Hardy & Harper $649,000.00 4. Excel Paving Co. $685,625.44 5. Sully -Miller Contracting Co. $688,000.48 6. Mobassaly Engineering, Inc. $696,065.72 7. Sequel Contractors $717,129.98 8. International Pavement Solutions, Inc. $725,621.50 9. Gentry Brothers, Inc. $733,055.92 10. Shawnan $759,584.33 11. Doty Bros. $774,242.61 12. Silvia Construction $782,683.27 13. Ruiz Engineering $806,666.65 14. United Paving Co. $842,224.82 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and RJ Noble Company has satisfactorily completed many rehabilitation projects in other cities in Southern California. The project schedule is tentatively set as follows: Award of Contract October 2, 2007 Start of Construction October 29, 2007 Completion of Construction January 4, 2008 While this schedule puts construction through the Holiday Season, staff intends to sit down with the contractor to discuss their schedule in detail in an attempt to minimize construction impacts to the residents in the Sunset Crossing/Prospectors neighborhood, especially those residents living along Prospectors Road. Efforts will be made to keep driveway access to residential properties at all times, with minimal closures, but all on -street parking will be prohibited for the duration of the construction. —2— Y y ` SunsetCrossin 9 yy4 '�I SON a � ► s {^ Z r 1• Pros ectors_- , Rod . m n _ """ ,.� '�. s�,• 'P` 96 t ' yt�"' � � « .n� y� ,fin, • '# < 3 � �` '� qtr pa. , i`F t d1 :i *� tPo.. .am<. " /kY".°" J y S +� ^}yam♦ �a V 6�. ` Y "i C . Y ff ` '�4 � �" � f , S + tee- "� k f - . , .�-^ _: - *.. � •rte � '��,>.�� � ,�, ' 3`" •* O� r . «-+ i i r er w _: : dot, _, N �' • t ^� xt d i -. - ' .' � ,,. .. +� . ^✓ ,.• e,�� • k: M n r � r+wN a ,�'. ...,,.4, .R ,-o � •,+. - E ... ,� + �, ...�„G.- •-.y s°w a+ �,a � q' 4� •� .. • ., �d � M j a � r y�,� #'" :� ,~ R>,ai � i�`� t" * ��`'-.t� 1 L$' +" �.an?. g �p � �a �,�*y, •. .•" .'' � r '�` X'�,e°" ,a`'" �' ,{�'�: �! y 7r k`' ro � �si � t. � $ is t« +' A +IPc. J A s . ,y,�yp e sYaY Mi �' ' ' ,� .a t' •� _ ..,,_ � �-�,.r!'.,�i.°•� R Ir if rt« i '<,k„ ?�...." � �.:-0*0 4wr�w,. 41. '40 *"A- r a - t 1`^t�iC1 � rv4e 7 r �k n.c ♦ _ .,.e....rey V. iie •Nr +n3.s � - 7 � � R1t �� r•�: s+ca•. *IW7+1•..;o-t•<„Js aMk a• -. 9!`”' ��i.: -+�+liR�llM`. a- a � -N /� e {� _ �WF i n 8 v btc%;�t.Spr.ngs priv,% v. vkor � x .-� ax _ .. .,,�,. z, ,x,. y:- "x .... � - -T._., a -:. 'Qr �.� s rxlt.0-'i ✓ +rs ,"�' .apt erI' .4 � �'� .�• .. ..:aar., wrw i'� �aywe:�s�vwr`►•.,s .n. .: x-,.,_. .�its�I1N1/r..�✓l=s'dr..:�-ea.. t+w•aRravr.�ft,,.:ar- -n+R�++i1�-+1.... Y. �s-..�__�.�.ss { . �• ,,�RPan« AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between RJ Noble Company, hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR RJ Noble Company and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Prospectors Road Street Rehabilitation Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Prospectors Road Street Rehabilitation Project in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 2007 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. ARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated August 28, 2007, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Forty -Five (45) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated August 28, 2007. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 782908, A Classification RJ Noble Cmpany 15505 E. Lincoln Avenue Oran e, CA 92865 By: Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Steve Tye, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone 714-637-1550 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date City of Diamond Bar Neighborhood Traffic Management Program w Workshops were held in 2005. w Problems were identified and solutions were presented for consideration — resident input was received w Obtained State Grant to construct measures. to In March and April 2007 we presented draft plans at two (2) neighborhood meetings W In May 2007, the draft plan was presented to the Traffic & Transportation Commission and the City Council to In June 2007, per City Council direction, a survey was distributed and results were used to shape the concept plan. to In Sept 2007, the proposed concept plan received concurrence from the Traffic & Transportation Commission 0 Cut -through traffic on Sunset Crossing and Prospectors. 0 Speeding on Prospectors. 0 Challenging pedestrian environment on Prospectors 0 Lack of enforcement of traffic laws. 0 Keep trucks out of the Community City of Diamond Bar Neighborhood Traffic Management Program Mt. Calvary ■ Luthemn School CITY OF DIAMOND BAR L, 1. Don't push the problem from one street to another. 2. Be cost effective 3. Start slowly . 4. Manage the problem — don't create one! City of Diamond Bar Neighborhood Traffic Management Program CITY OF DIAMOND BAR Mt. Calvary ■ Lutheran School City of Diamond Bar Neighborhood Traffic Management Program SUNSET CROSSING & PROSPECTORS ROAD JUNE 2007 SURVEY DATA proposed street Improvements Speed Cushions Turn Resinctions Feedback Signs Medians Curb Extensions None Resident Livtj.2n # of Baliots Improvements on: 1 Sunset ,.0 Sunset C,—ir,g 7 2 3 6 2 2 Prospectors 7 5 2 2 2 2 2 prospectors 42 Sunset Crossing 24 14 9 16 12 8 Prospectors 36 12 is 6 14 3 Sunset Crossing 116 57 95 116 67 24 3 Suffouding Area 211 Prospectors 133 53 98 6B 75 30 TOTAL 263 Sunset Cossing 147 73 107 140 61 34 Pros ctors 175 70 118 76 92 35 10 11 Sunset Crossin D Creek A g Ra fi Rock Riv BSO Qa m � a aao Rd. O� CD cah p PQ�O6 o c 3 c '9 n f a w O ° � a m O LEGEND 0 Bulgesirurb Extensions 30'� C` Speed Cushion Q Median Island �•s `�y �� a Q Full Length Median �< 11 12 CITY COUNCIL Agenda # 6.8 Meeting Date: October 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: APPROVE SANITARY SEWER ANAGEMENT PLAN (SSMP) DEVELOPMENT PLAN AND SCHEDULE AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 2006-003. RECOMMENDATION: Approve. FISCAL IMPACT: There will be no fiscal impact in FY 2007-2008. Any future expenditures to fully implement the Sanitary Sewer System Plan will be evaluated annually by staff and appropriate recommendations will be made. As a part of the Los Angeles County Sanitation Districts and Los Angeles County Consolidated Sewer Maintenance District, Diamond Bar will receive technical support and training from the County. BACKGROUND/DISCUSSION: On May 2, 2006, the SWRCB adopted Order No. 2006-003, which established General Waste Discharge Requirements (WDRs) for all publicly owned or operated sanitary sewer systems within the State of California. The regulations in the Order were born out of growing concerns about the water quality impacts of sanitary sewer overflows (SSOs), particularly those that cause beach closures or pose serious health and safety or nuisance problems. The WDRs require owners and operators of sewer collection systems to: 1) report sanitary sewer overflows (SSOs) in the California Integrated Water Quality System (CIWQS), an electronic online reporting system developed by SWRCB, and 2) develop and implement a SSMP with the goal of reducing sanitary sewer overflows. In short, the SSMP is a written document that details how a specific sewer collection system is operated, maintained, repaired, monitored and funded. The Los Angeles County Department of Public Works has already prepared a draft SSMP for the cities to model after. The SSMP Development Plan and Schedule contains twelve (12) chapters or milestones. They include: SSMP Plan and Goals, Organization Structure, Legal Authority, Operation and Maintenance Program, Overflow Emergency Response Plan, Fats/Oil/Grease Control, Design and Performance Provision, System Evaluation and Capacity Assurance Plan, Monitoring/Measurement/Prog ram Modification, SSMP Program Audits, and Communication Program. The first required element for the SSMP is the City Council's approval of Diamond Bar's SSMP Development Plan and Schedule (attached). PREPARED BY: Joyce Lee, Sr. Management Analyst REVIEW Y: David G. Liu Director of Public Works Date Prepared: September 26, 2007 Attachments: 1) Sewer System Management Plan Development Plan and Schedule 2) Los Angeles County Sanitation Districts letter of July 9, 2007 2 Sewer System Management Plan Development Plan and Schedule Required Task Description of Activities to Achieve Desired Goals Completion Completion Date Date Develop SSMP Plan and Prepare the SSMP development plan schedule 11/0212007 Completed Schedule Goals Define the goals of the SSMP 11/0212007 1) Identify the administrative and maintenance positions for implementation 11/02/2007 measures in the SSMP program, including lines of authority by organization Organization Structure chart. 2) Identify the chain of communication for reporting SSOs, from receipt of a complaint or other information, to RWOCB, SWRCB, County Health Dept, State Office of Emergency Services OES etc. Identify all legal authorities possessed by the City to : 05102/2009 a) Prevent illegal connection to the sewer system; b) Require that sewers and connections be properly designed and constructed; Legal Authority c) Ensure access for maintenance, inspection, or repairs of mainline sewers; d) Limit the discharge of fats, oil, and grease (FOG) and other debris that may cause blockages, and e Enforce any violation of its sewer ordinances. Identify procedures in place or to be implemented and the person in the organization 05!02/2009 responsible for the following. a) Providing adequate operation and maintenance of facilities and equipment; b) Maintaining an up-to-date map of the sewer system; c) Maintaining relevant records to establish and prioritize appropriate SSMP Operation and activities and show trends in SSO; d) Providing preventative activities and tracking work orders; Maintenance Program e) Identifying and prioritizing system deficiencies and implementing short and long term rehabilitation actions; f) Providing training to staff and monitoring contractors activities; g) Providing equipment and replacement part inventories; h) Establishing and implementing public education and outreach program that promotes proper disposal of FOG. Develop or affirm the existence of an overflow response plan that includes the following: 05/02/2009 a) Proper and timely notification procedures of SSOs to primary responders; b) Procedure to ensure timely response and containment of SSOs; Overflow Emergency c) Procedures to ensure prompt notification of SSOs to appropriate authorities; Response Plan d) Procedures to ensure that staff and contractors are aware of and follow the plan and are appropriately trained. e Industry accepted response time for different categories of emergencies. Develop new or identify existing FOG control Program that includes: 05/02/2009 a) Legal authority to prohibit discharges to system and measures to prevent SSOs caused by FOG; Fats, Oil, and Grease b) Identify sections of the sewer systems subject to grease blockages and Control establish cleaning maintenance schedule for each section; and c) Source control measures for all sources of FOG discharge to the sewer systems. _ Identify procedures for the following. 08/02/2009 a) Ensuring that sewer systems are properly designed and constructed through Design and Performance establishment of design and construction standards for the systems. Provision b) Ensuring proper inspection and testing for the installation, rehabilitation, or repairs of sewer project. Develop or affirm the existence of a Capital Improvement Plan (CIP) that includes the 08/02/2009 following: a) Steps to evaluate portions of the sewer system which are experiencing or contributing to SSOs caused by hydraulic deficiencies. System Evaluation and b) Short and long term CIP to address identified hydraulic deficiencies including Capacity Assurance Plan prioritization, alternative analysis, and schedule. The CIP may include increases in pipe size, plastic lining of sewers, infiltration/inflow reduction, and upgrading of pumping systems for redundancy, reliability, and emergency storage. Develop or identify existing system to do the following: 08/02/2009 Monitoring, Measurement, a) Monitor the implementation and where appropriate, measure the and Program Modification effectiveness of each element of the SSMP; and b) Update program elements as appropriate, based on monitoring or performance evaluations. SSMP Program Audits Develop an internal SSMP periodic audit system that focuses on evaluating the 08/0212009 effectiveness and deficiencies of the SSMP and steps to correct them. Develop or identify effective means of communicating with the public and stakeholders 08/0212009 Communication Program on the development, implementation, and performance of the SSMP. The communication system shall be open to public and stakeholders input in the development and implementation of the SSMP. WATER /♦t/ V V RECLAMATION COUNTY SANITATION tRICTS, Tqu W5 OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 Telephone: (562) 699-741 1, FAX: (562) 699-5422 www.lacsd.org July 9, 2007 File No. 31-320.10 City Managers/Administrators and Directors of Public Works Sanitation Districts of Los Angeles County Member Cities Dear City Managers/Administrators and Directors of Public Works: STEPHEN R. MAGUIN Chief Engineer and General Manager Upcoming Deadlines Under Statewide Waste Discharge Requirements for Wastewater Collection (Sewer) Systems On May 2, 2006, the State Water Resources Control Board adopted Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems and the accompanying Monitoring and Reporting Program (MRP). The WDR and MRP were adopted with the goals of reducing the number and volume of sewer overflows and to provide for statewide uniform electronic reporting of overflows. The WDR and MRP require of all owners of sewer systems: Reporting of all overflows to a state -operated electronic database accessible to the public; Development and implementation of a Sewer System Management Plan (SSMP), which includes comprehensive system inspection and condition assessment, regular cleaning, rehabilitation and/or replacement of deteriorated infrastructure, capacity assessment and capital upgrades as necessary to ensure adequate capacity, and control of discharges of fats, oil and grease into the sewer system; and Approval of the sewer system agency's SSW Development Plan and Schedule and completed SSMP by the agency's governing board at a public meeting. The electronic reporting requirement became effective on January 2, 2007 for sewer system n the Los Angeles Region and will become effective on September 2, 2007 for agencies in the Lahontan Region. The deadline in all regions for approval of the SS lopm t Plan and Schedule is A gust 2, 2007 for agencies with populations greater that 100,000 and Is vember 2, 2 for agencies with populat s betw 10,000 and 100,000. Approval of completed SSMPs is requ y 2, 2009 for agencies with populations greater that 100,000 and August 2, 2009 for agencies with populations between 10,000 and 100,000. The Sanitation Districts will be seeking approval of its SSMP Development Plan and Schedule from the Districts' Boards at Board meetings in July 2007. Cities must also seek approval of their SSMP Development Plans and Schedules by their Councils by the deadlines listed above. Please direct any questions regarding this matter to Mr. Phil Friess, the Sanitation Districts' Sewerage Department Head at (562) 699-7411, extension 1701. Very truly yours, Steto p en R. Maguin SRM:ja cc: Boards of Directors i, Recycled Paper CITY COUNCIL Agenda # 6.11 Meeting Date: October 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e ---V TITLE: AUTHORIZE THE CITY MANAG8R TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CONEXUS FOR PROVIDING CONSULTING SERVICES TO PREPARE THE CITY'S HOUSING ELEMENT UPDATE AS REQUIRED BY GOVERNMENT CODE SECTION 65588, FOR A TOTAL CONTRACT AMOUNT OF $43,430 PLUS A CONTINGENCY OF $6,570 FOR A TOTAL AUTHORIZATION OF $50,000. RECOMMENDATION: Approve FISCAL IMPACT: The FY 2007-2008 Budget allocated $50,000 for Housing Element update. BACKGROUND: According to Government Code Section 65588, all cities are required to update the Housing Element every 5 to 7 years to co -inside with the Regional Housing Needs Assessment (RHNA) period, which was completed by SCAG in July 2007. The update of the Housing Element is due to State Housing and Community Development Department (HCD) for review and approval by June 30, 2008. DISCUSSION: Staff has solicited a Request for Proposal (RFP) from five professional consulting firms. Two firms submitted a proposal, where one (Hogle-Ireland) is at $68,000 and the other (Conexus) at $44,000. Both firms specialized in preparing Housing Element. However, the Project Manager of Conexus has extensive experiences in preparing Housing Element, working with various cities in Los Angeles and Orange Counties and HCD staff in Sacramento. Since their proposal is within the budget; and will meet the HCD deadline for submittal of the updated Housing Element, staff selected Conexus. In updating the Housing Element and working with the HCD staff, there could be additional meetings or revisions that may be needed, therefore, staff requests a contingency of $6,570 for a total authorized contract amount of $50,000. Attached is the proposal from Conexus. Prepared Nancy For, A -4 Community Development Director Attachment 1. Professional Service Agreement 2. Conexus Scope of Services PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this _ day of 2007, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and CONEXUS (hereinafter referred to as "Consultant.") A. Recitals. (i) City has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to ("Project" hereafter) and by this reference made a part hereof. (ii) Consultant has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. (iii) City desires to retain Consultant to perform professional services necessary to render advice and assistance to City, City's City Council and staff on an as -needed basis. (iv) Consultant represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. follows: NOW, THEREFORE, it is agreed by and between City and Consultant as B. Agreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Proiect: The preparation of the Housing Element described in Exhibit "A" hereto including, but not limited to, the preparation of maps, surveys, reports, and documents, the presentation, both oral and in writing, of such plans, maps, surveys, reports and documents to City as required and attendance at any and all work sessions, public hearings and other meetings conducted by City with respect to the assigned project. (b) Services: Such professional services as are necessary to be performed by Consultant in order to complete the assigned project. (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by Consultant at public hearings regarding the adoption of Housing Element as set forth in Exhibit "A" hereto. 2. Consultant agrees as follows: (a) Consultant shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and City statues, regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of City. (b) Consultant shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibit "A" to City within the time specified in Schedule of work in Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". City may thereafter review and forward to Consultant comments regarding said documents and Consultant shall thereafter make such revisions to said documents as are deemed necessary. City shall receive revised documents in such form and in the quantities determined necessary by City. The time limits set forth pursuant to this Section B2.(b) may be extended upon written approval of City. 3. City agrees as follows: (a) To pay Consultant a maximum sum of $43,430 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to Consultant. Payment to Consultant, by City, shall be made in accordance with the schedule set forth below. (b) Payments to Consultant shall be made by City in accordance with the invoices submitted by Consultant, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by City. All charges shall be in accordance with Consultant's proposal either with respect to hourly rates or lump sum amounts for individual tasks. However, in no event will said invoices exceed 95% of individual task totals described in Exhibit "A" (c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of 95% of the maximum payable hereunder prior to receipt by City of all final documents, together Pa c 2 with all supplemental technical documents, as described herein acceptable in form and content to City. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by City and the approval by State Housing and Community Development Department (HCD). (d) Additional services: Payments for additional services requested, in writing, by City, and not included in Consultant's proposal as set forth in Exhibit "A" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A". Charges for additional services shall be invoiced on a monthly basis and shall be paid by City within a reasonable time after said invoices are received by City. 4. City agrees to provide to Consultant: (a) Information and assistance as set forth in Exhibit "A" hereto (b) Photographically reproducible copies of maps and other information, if available, which Consultant considers necessary in order to complete the Project. (c) Such information as is generally available from City files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be Consultant's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this Agreement shall be considered the property of City and, upon payment for services performed by Consultant, such documents and other identified materials shall be delivered to City by Consultant. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 6. Termination: This Agreement may be terminated by City upon the giving of a written "Notice of Termination" to Consultant at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, Consultant shall be compensated at Consultant's applicable hourly rates as set forth in Exhibit "A", on a pro -rata basis with respect to the percentage of the Project completed as of the date of termination. However, in no event shall Consultant receive more than the maximum specified in paragraph 3(a), above. Consultant Pa�,e 3 shall provide to City any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by Consultant as of the date of termination. Consultant may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. Furthermore, the below named individuals shall be those persons primarily responsible for the performance by the parties under this Agreement: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: Consultant shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall Consultant allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. Consultant shall take out and maintain at all time during the term of this Agreement the following policies of insurance: (a) Public Liability and Property Damage: Throughout the term of this Agreement, at Consultant's sole cost and expense, Consultant shall keep, or cause to be kept, in full force and effect, for the mutual benefit of City and Consultant, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property damage arising from Consultant's activities, providing protection of at least One Million Dollars ($1,000,000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) aggregate. (c) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds City, its elected officials, officers, employees, agents and representatives. All policies shall contain language, to the effect that: (1) the insurer waives the right Page 4 of subrogation against City and City's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by City; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. Consultant shall furnish City with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. Consultant may effect for its own account insurance not required under this Agreement. 9. Indemnification: Consultant shall defend, indemnify and save harmless City, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by Consultant of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of Consultant pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by Consultant without the prior written consent of City. 11. Independent Contractor: The parties hereto agree that Consultant and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of City. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. 14. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or Page 5 controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 15. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: APPROVED AS TO FORM: City Attorney ATTEST: CONSULTANT CONEXUS John Douglas, AICP CITY OF DIAMOND BAR James DeStefano, City Manager City Clerk Page 6 CITY OF DIAMOND BAR Proposal Prepare Housing Element Update Submitted to: Nancy Fong, AICP Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91785-4178 Submitted by: CONEXUS Contact: John Douglas, AICP 13142 Rosalind Drive North Tustin, CA 92705 Phone: 714.628.0464 August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal CONEXUS August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Table of Contents A. Project Understanding and Approach ........................................ 1 B. Experience and Qualifications................................................... 3 C. Scope of Work......................................................................... 7 D. Schedule................................................................................. 19 E. Proposed Budget..................................................................... 21 Appendices 1. Resumes................................................................................. 23 2. Summary of Recent Housing Element Legislation ........................ 29 3. Common Housing Element Questions and Answers ..................... 31 CONEXUS -i- August 20, 2007 of Diamond Bar This page intentionally left blank 2008 Housina Element Proposal CONEXUS -ii- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal A. Project Diamond Bar is a suburban city with very little Understanding and vacant developable land remaining, and the Approach remaining undeveloped land is constrained by steep slopes with geotechnical difficulties. SCAG recently adopted the Regional Housing Needs Assessment, which identifies new housing needs for each jurisdiction in the region. Despite its relative shortage of vacant developable land, Diamond Bar has been assigned a growth need of nearly 1,100 new units for the period 2006 - 2014, with 463 of those in the very -low and low income categories. How jurisdictions accommodate their "fair share" housing needs is one of the most important components of the Housing Element update, and is often the key to obtaining certification from the state Department of Housing and Community Development (HCD). This is expected to be the most significant issue with the Housing Element update. The element will need to examine the City's zoning and inventory of sites for new housing, and whether this inventory can accommodate the RHNA need, particularly for the VL/Low categories. In its memo on AB 2348' state HCD established a "default density" for most cities in Los Angeles county of at least 30 dwelling units per acre to facilitate the production of lower-cost housing. This issue will be analyzed as part of the update, along with strategies such as mixed use, rezoning of underutilized commercial/industrial properties, and second units ("grannie flats"). Under new state law2, if the Housing Element does not demonstrate adequate sites to accommodate the RHNA for VL- and Low-income households, a jurisdiction must adopt a program to provide sufficient sites and allow multi -family development on such sites "by right", which is interpreted by HCD to mean no public hearings and no discretionary review triggering CEQA analysis. A brief summary of other recent changes to Housing Element law is provided in Appendix 2. " Memo dated June 9, 2005 from Cathy Creswell, Deputy Director, California Department of Housing and Community Development regarding AB 2348 of 2004 9 AB 2348 of 2004 (Govt. Code Sec. 65583.2[h]) CONEXUS -1- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Obtaining state certification of the Housing Element can be a daunting task, and CONEXUS is especially well-qualified to help cities in this regard for two reasons. Mr. Douglas has worked with management and senior staff at state HCD as both a local government planner and consultant over the past 25 years to resolve Housing Element issues and help cities and counties obtain certification. His long experience and good relationships with senior staff at state HCD enable him to help jurisdictions successfully negotiate mutually agreeable solutions to issues that may be raised by HCD during the review process. During the last Housing Element cycle he assisted several jurisdictions in Southern California including Upland, Industry, Stanton, Westminster, Fountain Valley, Santa Ana, the County of Orange and the County of Riverside with their updates while in his previous position as Senior Consultant and Housing Element supervisor at The Planning Center. Secondly, Mr. Douglas is a certified mediator with a background in facilitating solutions to difficult land use and public policy issues. He holds a Certificate in Conflict Management and Alternative Dispute Resolution from the University of California, Irvine and teaches graduate seminars in collaborative planning and housing elements at UCI. Local control of land use matters is of paramount importance to elected City officials, and the state's role in certifying housing elements can be extremely difficult for decision - makers to accept. Mr. Douglas' knowledge of housing issues and his background in consensus building strategies can help overcome these obstacles and achieve win/win solutions. Appendix 3 contains several common questions regarding new Housing Element law along with answers and explanations developed through several recent conversations with HCD staff. HCD References Linda Wheaton, Deputy Director (916) 327-2642 Melinda Coy (916) 445-5307 Paul McDougall (916) 322-7995 Don Thomas (916) 445-5854 CONEXUS -2- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal B. Experience and CONEXUS is an urban and environmental planning Qualifications consulting partnership founded and co -owned by Marie E. Gilliam, AICP and John H. Douglas, AICP. Marie and John formed the firm in 2004 after working together for many years in both the public and private sectors. The partners each bring more than 30 years of diverse planning experience to the firm, which has afforded them a broad and in-depth knowledge in the areas of land use planning and analysis, environmental planning and CEQA documentation, housing policy and implementation, demographic and market analysis, development feasibility analysis, entitlement processing, public participation and conflict resolution_ John Douglas, AICP John Douglas, AICP is partner and co-founder of Project Manager CONEXUS. His areas of practice include land use and environmental planning, housing policy, conflict resolution and public participation. He has 33 years experience in the planning field, including 15 years in local public agency management. John was formerly Chief of Advance Planning for the County of Orange and Principal Planner for the City of Newport Beach. Prior to forming CONEXUS, John was Director of Planning for Civic Solutions, Inc. and Senior Consultant with The Planning . Center where he supervised Housing Element preparation from 1998 to 2001. John is also an experienced meeting facilitator and has worked with numerous committees and groups to develop consensus on complex and controversial issues involving land use, environmental planning, and affordable housing. He is a lecturer in the Graduate Program in Urban and Regional Planning at the University of California, Irvine where he teaches courses on Housing Elements, collaborative planning and conflict resolution. He is also a state -certified mediator. Mr. Douglas will serve as Project Manager and principal author of all Housing Element and CEQA documents. His experience with Housing Elements and conflict resolution methods, combined with his knowledge of CONEXUS -3- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Southern California, make him well-qualified to lead the consultant team for the Housing Element update. Greg Konar, AICP Mr. Konar has over 23 years professional planning Senior Associate experience in both the public and private sectors. His diverse range of experience encompasses many highly complex projects including master plans, specific plans, zoning ordinances, general plan amendments, and entitlement processing. Greg's experience with major local government and private sector planning projects has enabled him to develop a balanced, highly effective, solution -oriented approach toward land use planning, policy development and implementation. Prior to joining CoNExus, Greg was Senior Project Manager \,with Project Design Consultants in San Diego. At PDC Mr. Konar was project manager for the Sea World San Diego Master Plan update, the Rancho San Juan Specific Plan - a 4,000 unit new urbanist -sustainable community in Monterey County - and the Rancho Lilac Specific Plan in San Diego County among many other planning projects. His public sector projects at PDC included amendments to the City of San Clemente General Plan, land use and zoning feasibility studies for the City of National City, and an adjunct staff assignment with the County of San Diego as a Senior Land Use and Environmental Planner. Mr. Konar will assist in data collection, analysis, and preparation of portions of the Housing Element update. Victoria Basolo, Ph.D. Victoria Basolo, Ph.D. is Associate Professor of Senior Advisor Urban and Regional Planning at the University of California, Irvine and Senior Advisor to CONEXUS. Dr. Basolo's research includes individual and collective decision making about housing and economic/community development. She is particularly interested in the formulation and implementation of housing and economic/ community development policies within the context of intergovernmental relations. She has CONEXUS -4- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal also worked as a public agency staff planner for city and county housing and redevelopment agencies. She holds a Master of Urban and Regional Planning from Cal Poly Pomona and a Ph -D. in City and Regional Planning from the University of North Carolina, Chapel Hill. Representative Housing Mr. Douglas has managed or participated in Element Experience approximately 20 Housing Element projects since 1981 as both planning department staff and as a consultant. From 1977 to 1981 he worked as a housing market analyst for Great Western Savings, and conducted development feasibility studies throughout California. Notable examples of his accomplishments are described below. Orange County Housing Element Update - Mr. Douglas managed the 2000 Housing Element update and served as lead facilitator for a series of meetings with an advisory committee comprised of major landowners, builders, housing advocates, environmentalists and business groups. The element received conditional certification from the state Department of Housing and Community Development. He subsequently was retained by the County to develop affordable housing implementation guidelines and an overlay zone for infill locations, which led to full certification of the element in 2006. (Contact: Ron Tippets, 714-834-5394) Santa Barbara County Housing Element and Action Phase - Mr. Douglas is currently assisting the County with its Housing Element Action Phase. Responsibilities include facilitating public workshops and hearings, serving as Environmental Coordinator to oversee the EIR process to evaluate proposed implementation policies and affordable housing candidate sites, and advising County staff on Housing Element requirements. The element has received conditional certification. (Contact: David Matson, 805-568-2068) City of Upland Housing Element Update - Mr. Douglas was Project Manager and principal author of the City of Upland's 2000 Housing Element update. As part of this effort he facilitated a series of workshops with an Advisory Committee to develop policy CONEXUS -5- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal recommendations and implementation programs. The element was certified by HCD. (Contact: Sylvia Scharf, 909-931-4140) + Nevada County Housing Element Update - Mr. Douglas assisted Nevada County in preparing its 2003 Housing Element and served as advisor to County staff for the update. The element was certified by HCD. (Contact: Mark Tomich, 714-673-0395) + Riverside County Integrated Project - The RCIP is a nationally -recognized model for comprehensive planning that involves an integrated approach to land use, habitat conservation and transportation planning. Riverside County is the second largest county in California with a land area similar to the state of New Jersey. Mr. Douglas served as a senior advisor to the General Plan team and project manager for the Housing Element effort. As part of this project he facilitated over 20 workshops during 1999 and 2000 with a Technical Advisory Committee, stakeholders and the general public, and was principal author of the element. The element was certified by HCD. (Contact: Jerry Jolliffe, 909- 955-3161) In addition to these projects, Mr. Douglas supervised or participated in the preparation of Housing Elements for the following jurisdictions. o City of Chula Vista o City of Dana Point o City of Fontana o City of Fountain Valley o City of Industry o City of La Quinta o City of Lake Elsinore o City of Palm Springs o City of Perris o City of Santa Ana o City of Stanton o City of Tustin o City of Westminster o County of San Bernardino CONEXUS -6- August 20, 2UU/ City of Diamond Bar 2008 Housing Element Proposal C. Scope of Work The following section outlines the specific tasks we anticipate for this project. Task 1 Following authorization to proceed, the first step Project Initiation will be to meet with City staff to review the work program and make any necessary refinements. Data needs and the respective expectations and responsibilities of City staff and the consultant team will be clarified. It is assumed that the City will provide us with a digital file of the current Housing Element and related documents upon commencement of the project. Products 1 kick-off meeting with City staff Refined work program and schedule, as appropriate Task 2 This task involves the review and evaluation of the Evaluation of the current Housing Element, including 2000 Housing Element appropriateness of goals and policies, the effectiveness of programs, and the City's progress in meeting quantified objectives. The purpose of this exercise is to identify any areas where policy or program refinements would be appropriate to respond to changed circumstances or new opportunities in order to make the Housing Element more effective in achieving the City's objectives. Since much of the information needed for this evaluation is contained in City files and documents, the budget assumes that City staff will assist CONEXUS in gathering the following information. We will provide templates to assist in organizing this effort. o Units produced by type and income category o Demolitions o Units rehabilitated or conserved o Code enforcement data o Status of housing program actions CONEXUS -7- August 20, 2007 City of Diamond Bar Task 3 Research and Analysis 2008 Housing Element Products + Analysis of the appropriateness of goals and policies, effectiveness of programs, and progress in meeting objectives This task encompasses the research, data compilation, and analysis necessary to update all portions of the Housing Element, which include the Needs Assessment; Resources and Opportunities; Constraints; Goals, Policies, and Quantified Objectives. The findings from this analysis will play a key role in framing policy issues and developing the Action Plan for the 2008 Element. Specific topics to be addressed in this task are described below. 3.1 Needs Assessment The needs assessment will include all of the items required by California Government Code Section 65583(x) and Department of Housing and Community Development guidelines, including the following specific items: + Analysis of population and employment trends and existing and projected housing needs for all income levels. + Analysis of household characteristics including level of payment compared to ability to pay, and housing characteristics, including overcrowding, affordability levels and housing stock conditions. + Analysis of special housing needs, including large families, elderly, female -headed households, persons with disabilities, farmworkers and the homeless. + Analysis of "at -risk" assisted housing developments where affordability commitments are due to expire during the timeframe of the element. The budget assumes that City staff will assist CONEXUS in gathering the following information for use in updating the current Housing Element. o Units At Risk — an inventory of assisted housing projects in the city and their eligibility to convert to market rate CONEXUS -8- August 20, 2007 City of Diamond Bar 3.2 Resources and Opportunities 3.3 Constraints 2008 Housing Element Pro o Housing conditions data - if acceptable information is not available from existing sources, a targeted survey may be required of selected neighborhoods to estimate the number of units in need of minor rehab, major structural rehab, or demolition and replacement. (Since most of the city's housing stock was built after 1960, we do not expect this to be a major issue.) The analysis of resources and opportunities will focus on the following topics. • Land inventory/site analysis and an evaluation of the relationship of zoning and public facilities to serve these sites. + Financial and administrative resources, including federal, state and local housing assistance programs. + Analysis of opportunities for energy conservation. The analysis of available housing sites is a critical component of the Housing Element. The budget assumes that City staff will assist CONEXUS in gathering or updating the following information. o Matrix of existing land use by zoning designation (vacant/underutilized) and sites suitable for housing development o Map showing vacant/underutilized parcels with the potential for housing development o If adequate sites at suitable densities are not available to meet the RHNA, additional sites will need to be evaluated and a budget augmentation may be necessary. Constraints include the following issues to be studied: + Governmental constraints, including land CONEXUS -9- August 20, 2007 Citv of Diamond Bar 2008 Housing Element Proposal use plans and regulations, zoning, development standards, improvement requirements, impact fees and processing procedures + Non-governmental constraints, including land cost, construction cost, financing cost and availability, environmental conditions (e.g., steep slopes, floodplains, sensitive biological habitat) and infrastructure (particularly water and wastewater treatment capacity). The budget assumes that the City's Public Works staff will provide the information needed to assess water and wastewater capacity constraints. 3.4 Goals, Policies and The foregoing analysis of needs, resources, Quantified Objectives opportunities and constraints, together with the evaluation of the current Housing Element, will provide guidance in identifying areas where previous policies and programs may need to be refined to better accomplish the City's objectives. CONEXUS will work with City staff and decision - makers to identify policy and program options. 3.5 Implementation An updated implementation program taking into Program account all of the foregoing analysis and describing actions, funding sources, responsible parties, and timeframes for the 2008 - 2014 planning period will be developed in consultation with City staff and policy -makers. Task 4 Draft 2008 Housing Element Preparation Task 4 entails the writing and production of the new Draft Housing Element document, staff review, revisions, and publication of the Draft Element for review by the public, City decision - makers and State HCD. A Screencheck Draft Housing Element will be prepared incorporating the technical data and analysis from the previous tasks, as well as updated goals, policies, quantified objectives, and implementation programs describing the City's housing strategy for the 2008 - 2014 planning period. Policies and programs will be based on the review of the City's progress in implementing the current element and where appropriate, refinements will be recommended. The Screencheck draft element will be submitted to CONEXUS -10- August 2U, 2UU/ City of Diamond Bar 2008 Housing Element Proposal the City for review, and revisions will be made based on staff comments. It is assumed that all City comments will be consolidated into one package, and two rounds of revisions are budgeted. A Draft Housing Element will then be prepared incorporating all City comments and revisions. All documents will be prepared in a format approved by the City. The budget assumes that the element will be prepared in a similar format as the current element, and that those sections that are still relevant will be carried forward in the new element. If a substantially different or more elaborate format is desired, a budget adjustment may be necessary. Products + Screencheck Draft Housing Element document (5 copies+ electronic file) * Revised Screencheck Draft Housing Element document (5 copies+ electronic file) # Draft Housing Element document (25 copies + original master + electronic file) (Note: A maximum budget of $1,500 is assumed for all printing and graphics work required in connection with the project, however the actual cost will depend on the number of copies required, style, format and size of documents. The City will only be billed for the actual graphics and printing costs.) Task 5 State Housing Element law3 requires a pro -active Public Participation effort to involve interested persons and groups in Program the preparation of Housing Elements_ The inherent community interest in land use and housing development - particularly affordable housing - ensures that the Housing Element update will receive a high level of public scrutiny. This scope of work and budget allow for a public participation effort that includes two public 3 Cal. Govt. Code Sec. 65583(C)(6) CONEXUS -11- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal workshops and a total of four public meetings with the Planning Commission and City Council. The following specific activities are anticipated. As part of Task 1, these activities will be confirmed or refined with City staff. If necessary, additional workshops or meetings can be included on a time -and -materials basis. Housing Element Upon commencement of the project, a public Interest List notification list will be prepared in consultation and Notice with staff, for use by the City in mailing notices prior to each public workshop or hearing. CONEXUS will prepare a brief informational notice of the pending Housing Element update to be distributed by the City. The notice will describe the anticipated process, schedule and opportunities for public involvement. A copy of this notice and distribution list will be included in an Appendix to the Housing Element describing public participation activities. Products + In consultation with City staff, preparation of a Housing Element Interest List + Preparation of a Housing Element update notice for distribution by the City + If desired by the City, additional public outreach efforts can be undertaken as optional tasks on a time -and -materials basis. Introductory We have found that an introductory study session Study Session with decision -makers early in the process can be helpful in identifying concerns and potential policies. This study session will provide an opportunity to brief the City Council and other officials on the key Housing Element issues and requirements, and obtain feedback regarding potential policies and programs. A slide presentation will be prepared illustrating key points. Products Attendance and slide presentation at 1 City Council Study Session CONEXUS -12- August 10, wut City of Diamond Bar 2008 Housing Element Proposal Community Meetings Two community meetings are budgeted to inform interested persons and community groups about the Housing Element update process, relevant issues and requirements, and solicit comments. The timing of these meetings will be determined in consultation with City staff. We will assist staff in preparing public notices and invitations to be sent to persons and organizations known to have an interest in housing issues.. CONEXUS' project manager will lead the meetings and give a slide presentation. (If requested by the City, additional community meetings can be conducted on a time -and -materials basis.) Products + Attendance and facilitation of two community meetings, including slide presentations Planning Commission Upon completion of the Draft Housing Element, and City Council we anticipate that public hearings will be held by Meetings the Planning Commission and City Council to obtain the approval of policy -makers prior to submittal of the element to HCD. Following Council approval, the draft element will be submitted to State HCD for 60 -day review as required by state law. After HCD's comments are received, revisions will be negotiated with staff and state HCD, and an adoption hearing will be held by the Council. If substantive changes to the draft element are required in response to HCD comments, additional public hearings may be necessary prior to final adoption of the Element. Products Attendance and presentations at 1 Planning Commission hearing (prior to HCD submittal) and 2 City Council hearings (1 prior to HCD submittal and 1 adoption hearing following HCD review) (If requested by the City, CONEXUS' Project Manager will attend additional hearings and/or assist with the preparation of staff reports, resolutions and ordinances on a time -and - materials basis.) CONEXUS -13- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Task 6 The ultimate goal of the Housing Element update HCD Review and process is to adopt and implement an element Certification that both meets the City's objectives and also is certified by the California Department of Housing and Community Development (HCD). HCD certification of the Housing Element is important for several reasons - to maintain eligibility for grant funds, to ensure a legally -adequate General Plan, and to maintain local control of the land use planning process. After the draft Housing Element is accepted by the City Council it will be submitted to HCD for review. HCD's comments will be analyzed, and CONEXUS will work with the City to revise the element, as necessary, to address the state's concerns. Our experience preparing Housing Elements in many other jurisdictions over the past 25 years has provided us with a good working relationship with HCD's senior staff and a thorough understanding of what is required in order to receive Housing Element certification. Our approach to obtaining certification is based on establishing and maintaining a cooperative working relationship with HCD's assigned reviewer and management. We expect to have regular conversations with HCD staff throughout the process as questions and issues arise. In our experience, HCD staff has always been willing to work cooperatively with our client jurisdictions, including attendance at public meetings to explain state requirements and expectations to decision -makers and the community. This process of clarifying and resolving issues during the Housing Element preparation phase increases the likelihood of achieving certification and reduces delays. The practice of HCD in recent years has been to issue a letter of "conditional certification" when an element essentially complies with state law but follow-up actions are necessary to implement adopted policies or programs. While "full" certification is desirable (i.e., without requiring subsequent review and approval of implementation actions by HCD), in some cases required program actions cannot be completed CONEXUS -14- August 20, 2007 Citv of Diamond Bar Task 7 Final Housing Element Task 8 CEQA Review 2008 Housina Element Proposal within the timeframe of element adoption (2008). Our commitment is to assist the City in achieving full certification by the statutory deadline to the extent feasible. However, if implementation actions are necessary in order to achieve full certification, we will assist the City in carrying out these subsequent actions and coordinating with HCD within budget limits. The budget assumes a total of 20 hours for this task. If HCD comments require more time and effort than this budget allows, additional work will be done on a time -and -materials basis. (Note: Appendix 3 contains insights gleaned from our conversations with HCD staff regarding recent changes to state Housing Element law.) Products + Meetings/conference calls to review HCD comments with City and HCD staff + Housing Element revisions, as appropriate Following review by HCD, an Administrative Final Housing Element will be prepared incorporating all revisions made in response to HCD comments for review by staff and adoption by the City Council. Following adoption the final Housing Element will be prepared and delivered to HCD for certification. Products + Administrative Final Housing Element (1 master + electronic file) + Final Housing Element (1 master+ electronic file) CONEXUS will prepare an Initial Study for the Draft Housing Element in compliance with the California Environmental Quality Act. A Preliminary IS/ND will be submitted to City staff for review, and a Public Review Draft IS/ND will be prepared incorporating staff comments. One round of review and revisions is budgeted. It is assumed that the Initial Study will support the preparation of a Negative Declaration. If the Initial Study finds that CONEXUS -15- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal significant impacts could occur, an EIR would be required and a revision to this scope and budget will be negotiated. The budget assumes that the analysis will be limited to program -level issues and not site-specific actions such as Land Use Element designations or zone changes. If site-specific project -level analysis is required, a supplemental budget will be negotiated. CONEXUS will distribute the Public Review IS/ND to the State Clearinghouse, Responsible Agencies, and other interested parties. After the close of the comment period we will prepare draft responses to comments for City review. Final responses to comments, revisions to the IS/ND (if necessary), and a mitigation monitoring program will then be prepared incorporating staff comments for consideration by decision -makers. We assume that no separate scoping meeting will be necessary for the CEQA document, and that consideration of the IS/ND will be handled as part of the Housing Element review and adoption hearings. The budget assumes that the City will handle reproduction, distribution and filing of the IS/ND and Notice of Determination with the appropriate agencies and the City will be responsible for any filing fees. If desired, CONEXUS can handle these tasks on a time -and -materials basis. (Note: Recent changes in state law may limit the City's ability to conduct CEQA review of "by right" multi -family housing approvals on sites that are rezoned to accommodate the VL/L needs identified in the RHNA. As a result, "project -level" CEQA review may be required for Housing Element implementation actions. This proposal assumes CEQA review of Housing Element policy issues only - if subsequent CEQA documentation is required for implementation actions or site- specific entitlements, it can be provided as an additional product with a supplemental budget.) Products + Preliminary Draft Initial Study/Negative. CONEXUS -16- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Declaration (3 copies + electronic file) + Public Review Draft Initial Study/Negative Declaration (1 original + electronic file) + Notice of Availability/Notice of Intent to Adopt the IS/ND (1 original + electronic file) + Preliminary Responses to Comments (3 copies + electronic file) + Final Responses to Comments (1 original + electronic file) * Final Adopted IS/ND (1 original + electronic file) Task 9 CONEXUS' Project Manager will maintain regular Meetings and contact with City staff to ensure a smooth working Project Management relationship and successful completion of the project. It is assumed that most coordination will occur via telephone and e-mail. A total of two on-site working meetings (in addition to the kickoff meeting) with City staff are budgeted (in addition to the community meetings, public hearings, and meetings covered under Task 6), to be held as necessary throughout the process. CONEXUS' Project Manager will prepare meeting notes for these coordination meetings. Products + Regular informal progress reports with City staff via telephone or e-mail + Up to 2 on-site working meetings with staff (in addition to the kickoff meeting) Other Optional Tasks If the Housing Element analysis determines that implementation actions such as zone changes, code amendments, design guidelines or site plans are required, CONEXUS can assist the City with these tasks as optional tasks. CONEXUS -17- August 20, 2007 City of Diamond Bar This page left intentionally blank 2008 Housing Element Proposal CONEXUS -18- August 20, 2007 of Diamond Bar 2008 Housinq Element Proposal D. Schedule We believe the keys to schedule (and budget) control are 1) a clear understanding of objectives, 2) close coordination between the consultant and City staff, and 3) an experienced consulting team. Mr. Douglas has managed numerous similar projects and is committed to providing excellent service to the City. The project schedule will be refined and agreed upon at the outset. Regular monitoring of progress will allow fine-tuning when necessary in order to achieve the overall project objectives. The tentative schedule shown below reflects the assumptions regarding the required level of effort and City/consultant division of responsibilities set forth in the Scope of Work. September 2007 Commence work Sept - Nov 2007 Data collection and analysis October 2007 Public workshop Nov 2007 - Jan 2008 Prepare Screencheck Draft Housing Element January 2008 Submit Screencheck Draft Element to staff for CONEXUS -19- August 20, 2007 review Jan - Feb 2008 Staff review and revisions Prepare Public Review Draft Element February 2008 Planning Commission hearing March 2008 City Council hearing - approval & authorization to submit Draft Housing Element to HCD March 2008 Submit Draft Element to HCD (60 -day review) May 2008 HCD comments due May -June 2008 Prepare revisions per HCD comments July 2008 City Council adoption hearing July 2008 Adopted Housing Element submittal to HCD CONEXUS -19- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal This page left intentionally blank CONEXUS -20- August 20, 2007 City of Diamond Bar 2008 Housinq Element Proposal E. COST Our proposed budget for this project is as follows. This budget will not be exceeded without the City's prior authorization. We recommend that the contract specify that budget funds may be transferred between tasks, as determined appropriate by the City's Project Manager. If extra work is required, a supplemental budget will be determined in consultation with the City prior to initiation of the work. Task Decripiion , z. i JQ"_ SP;' Total WP Hours ' -`Cost " 1 Projectlnitiaton 8 4 12 $1,460 2 2000 Housing Element Evaluaton 8 8 16 $1,880 3 Research and Analysis _ -Needs Assessment 10 16 26 $2,980 -Resources & Opportunities 16 12 28 $3,340 -Constraints 10 12 22 $2,560 -Goals/Policies/Quantified Objectives 8 4 12 $1,460 -Implementation Program 8 4 12 $1,460 4 Draft Housing Element Preparation 14 12 16 42 $4,120 5 Public Participation -Interest list&notice 1 1 $130 -Public Workshops (2) 28 28 $3,640 -PC/CC meetings (4) 56 56 $7,280 6 HCD review & certification 20 20 $2,600 7 Final Housing Element 16 4 4 24 $2,760 8 CEQA Review 16 24 40 $4,600 9 Project Management 12 12 $1,560 Total Labor 231 100 20 351 $41,830 Hourly Rate $130 $105 $65 Reimbursable Expenses (See table below) $1,600 GRAND TOTAL BUDGET1 $43,430 PM =John Douglas, AICP, Project Manager SP = Sr. Associate WP = Word Processinalaraohics tech CONEXUS -21- August 20, 2007 City of Diamond Bar This page left intentionally blank 2008 Housing Element Proposal CONEXUS -22- August 20, 2007 APPENDIX CONEXUS -23- August 20, 2007 of Diamond Bar 2008 Housing Element Proposal This page left intentionally blank CONEXUS -24- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal John H. Douglas, AICP Principal Qualifications Mr. Douglas has over 32 years experience in the planning field, including 15 years of management -level positions in city and county planning agencies. John manages the firm's practice in general plans, housing elements, CEQA/NEPA documents, demographic analysis, public outreach programs and conflict resolution. Prior to forming CONEXUS, he was Director of Planning for Civic Solutions, Inc. (2001-2004) and senior consultant with The Planning Center where he supervised Housing Element projects from 1998-2001. From 1991-1998 John served as Principal Planner for the City of Newport Beach where his duties included advance planning, economic development, annexations, CDBG administration, managing the entitlement and CEQA review process, and coordination with the California Coastal Commission on permitting issues. _ From 1981-1991 he was employed at the Orange County Environmental Management Agency where he supervised staff in the areas of advance planning, demographic forecasting, housing, CEQA compliance and entitlement processing. From 1977-1981 he was a housing market analyst for a private consulting firm. His planning experience began in 1974 with the City of Fresno. Highlights of John's extensive background in local government has given him a broad Experience understanding of the practical aspects of planning. He has managed numerous General Plan projects, Housing Elements, zoning code amendments, EIRs, and entitlement processes for both private and public projects. His special area of expertise is public outreach, meeting facilitation and consensus building strategies, and he holds a certificate in Conflict Management from the University of California, Irvine. He is a state -certified mediator and has considerable experience in working with groups and committees to find common ground on complex and controversial issues. He teaches a course on Housing Elements in the graduate program in Urban and Regional Planning at the University of California, Irvine and is a frequent speaker at professional conferences on techniques for effective public participation and conflict management. Education + B.A., University of California, Los Angeles, Geography, 1974 • Graduate Studies, San Diego State University, City Planning, 1976-78 + Certificate in Alternative Dispute Resolution, UCI, 2000 Professional + Lecturer, Graduate Program in Urban & Regional Planning, UCI Affiliations + American Institute of Certified Planners + Charter Member, American Planning Association + Southern California Mediation Association CONEXUS -25- August 20, 2007 City of Diamond Bar This page left intentionally blank 2008 Housing Element Proposal CONEXUS -26- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal Gregory C. Konar, AICP Senior Associate Qualifications Greg Konar is a Senior Associate with CONEXUS. Mr. Konar has over 23 years professional planning experience in both the public and private sectors. His diverse range of experience includes many highly complex projects including master plans, specific plans, zoning ordinances, general plan amendments, and entitlement processing. Prior to joining CONEXUS, Mr. Konar was Senior Project Manager with Project Design Consultants and a Senior Land Use and Environmental Planner for the County of San Diego's Department of Planning and Planning and Land Use. Highlights of SeaWorld Master Plan Update, City of San Diego, CA Experience In concert with PGAV of St. Louis, SeaWorld's theme park designer, Mr. Konar prepared a 20 -year master plan for the San Diego theme park. Primarily a policy document to establish the development parameters for future redevelopment and expansion of the 189 -acre park, Mr. Konar provided innovative solutions to complex regulatory challenges within a highly charged political environment. As a key member of SeaWorld's entitlement team, Mr. Konar was instrumental in securing favorable recommendations from eight community planning groups, the San Diego Planning Commission, the San Diego City Council, and the California Coastal Commission. Rancho San Juan Specific Plan, County of Monterey, CA Mr. Konar was the project manager responsible the development of the Rancho San Juan Specific Plan in Monterey County. The 2,500 - acre, 4,000 -unit Specific Plan proposed the largest development in the history of Monterey County. Pursuant to a court order to prepare the plan on behalf of the developer, the client, Monterey County, wanted a plan to create a sustainable, new -urbanist community, with a jobs -housing balance and at least 20% affordable housing. Located in a General Plan designated "Area of Development Concentration" just north of the City of Salinas, the plan provided a blueprint for the development of small town of about 13,000 residents. Highlights of the plan included a mixed-use town center,. live -work units, LEEDS -type building requirements for all neighborhoods and a "green infrastructure" approach to the water, wastewater, reclaimed water, and stormwater systems. Star Ranch, County of San Diego, CA Mr. Konar was the project manager for Star Ranch, a proposed new community in San Diego County's backcountry. Prepared for a private client, the Star Ranch Specific Plan envisioned the creation of an authentic rural village built around a working cattle ranch. The design was required to fit seamlessly into the rural setting and avoid any trace of suburban character. At the same time, the plan embraced many sustainable and smart growth elements such as concentrating development around a pedestrian/equestrian oriented village center. Retaining the cattle ranch allowed more than 80% of the property to be retained in open space and the CONEXUS -27- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal ongoing cattle grazing provided an efficient, low -impact fuel management solution. Resource Protection Ordinance, City of San Diego, CA At the direction of the San Diego City Council, Mr. Konar wrote the first comprehensive ordinance to protect the City's wetlands, floodways, floodplains, and steep slope areas. The ordinance was later expanded to include historic and cultural resources. Designed to augment CEQA, the ordinance filled a gap by restricting the development and mitigation of identified resource areas. The Resource Protection Ordinance pioneered the use of site-specific surveys to identify resources, prior to which time, the City had to rely on its own mapping. The ordinance was accepted by the San Diego Association of Governments (SANDAG) as a model ordinance for the region and soon after was adopted by the County of San Diego. Education University of California at Los Angeles BA, Political Science and Sociology, 1973. San Diego State University Master of City Planning, 1979 Professional + American Institute of Certified Planners Affiliations + Charter Member American Planning Association + Board of Directors, Webmaster- San Diego APA Chapter + Co -Chair, Professional Development Workshop, "Paving Temporary Paradise -The High Cost of Free Parking" San Diego County APA Chapter (2006) + Speaker: "Building Blocks of Sustainable Communities: Case Study of Rancho San Juan Specific Plan Project" - Land Development West Conference and Expo, Scottsdale, Arizona (2005) CONEXUS -28- August 20, 2007 City of Diamond Bar 2008 Housing Element Pro APPENDIX 2 SUMMARY OF RECENT HOUSING ELEMENT LEGISLATION AB 2511 (Jones) Makes additional changes to anti -NIMBY law and other affordable housing statutes htt //www.leciinfc)-ca.gov/ipub/bill/asm/ab 2501-2550/ab 2511 bill 20060930 chaptered.pdf AB 2634 (Lieber) Requires the analysis of population and projected housing needs for all income levels to include extremely low income households (30% or less of countywide median) as identified by the COG as part of the low income needs number http //www leainfo ca aov/pub/bill/asm/ab 2601-2650/ab 2634 bill 20060930 chaptered.odf AB 1233 (Jones) Requires that any portion of a local government's share of regional housing need that is not accommodated in the land inventory during one planning period must be carried forward to the next round of fair -share housing allocations. A city or county would be required to zone land to provide for the fair -share that gets carried forward within the first year of the new planning period. http //www.1eg!nfo.ca.q ov/ Du bZ bill /asm /ob 1201-1250/ab 1233 bill 20051006 chaptered.pdf SB 575 (Torlakson) Strengthens anti -NIMBY law relating to affordable housing projects and prevents cities and counties from rejecting or conditionally approving a project unless the jurisdiction has met its fair -share housing needs for the planning period. httID7//WWW.Ieginfo.co.gov/r)ub/bill/sen/sb 0551-0600/sb 575 bill 20051006 chartered pcif AB 2158 (Lowenthal) Makes changes in the methodology for allocating the RHNA and in the rules for transferring RHNA between cities and counties. This bill includes the "2158 Factors" that may be used to support requests for reduction in a jurisdiction's RHNA. A COG may request the use of population and household forecast assumptions used in the regional transportation plan. SCAG is the first COG to use this new provision in State Law. (65584.02) httr),//www.leginfo.ca.gov/ipubZO3-04 /bill /asmlab 2151-2200/ab 2158 bill 20040922 chaptered.pcif AB 2348 (Mullin) Amends State housing element law to clarify the land inventory requirements related to RHNA fair share goals and to provide greater residential development certainty. Includes an assumed density of at least 30 du/ac for lower-income housing for most jurisdictions in the SCAG region. The bill also requires that when the land inventory does not demonstrate an adequate supply of land for housing at all income levels, sufficient land must be rezoned to accommodate 100% of the shortfall and multi -family housing must be permitted "by right." htto-itwww.leginfo.co.clov/r)ubIO3-04/bill/asmZob 2301-2350/ab 2348 bill 20040923 chapiered.pdf CONEXUS -29- August 20, 2002 City of Diamond Bar 2008 Housing Element Proposal This page left intentionally blank CONEXUS -30- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal APPENDIX 3 HOUSING ELEMENT QUESTIONS & ANSWERS 1. If a jurisdiction rezones land for multi -family use to meet the RHNA requirement prior to the Housing Element due date (July 2008), must it allow "by right" development? A: "By right" development is not required if the jurisdiction provides sufficient land (such as through rezoning) prior to adoption of the new Housing Element. The key factor is whether the rezoning is required as a follow-up action program in response to an insufficient land inventory compared to the RHNA. 2. How are SROs treated for purposes of the RHNA, land inventory and units produced? College dorms? Farmworker housing? A: HCD uses the U.S. Census Bureau definition of "housing unit" for purposes of the RHNA and Housing Elements. The Census Bureau defines "Housing unit" as "A house, an apartment, a mobile home or frailer, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall." Accordingly, SROs may qualify as housing units if they are occupied as separate living quarters (e.g., private bathrooms and kitchen facilities). Dorm units with shared bathrooms and cafeterias are not considered housing units. 3. If some or all of a jurisdiction's vacant land is encumbered by a legally binding development agreement that extends through the entire planning period, can that justify a land inventory that does not meet the RHNA? Is there a different set of rules for new cities that "inherited" development agreements from the County. A: Development agreements do not justify any waiver or reduction in jurisdictions' responsibilities to ensure a sufficient land inventory. If potential housing sites are encumbered by development agreements that impede the production of lower-income housing, jurisdictions must find other ways to make sufficient sites available for all income levels (e.g., second units, rezoning of commercial sites, redevelopment, etc.). CONEXUS -31- August 20, 2007 of Diamond Bar 2008 Housing Element Proposal 4. How much land inventory "credit" may be taken for potential 2"d units? A: If a jurisdiction claims that a portion of its land inventory will be met by second units, HCD will first look to the Housing Element's analysis of the previous planning period to see how many second units were produced. If the jurisdiction claims that second unit production will be greater in the new planning period, the Housing Element must provide an analysis demonstrating why the increase is anticipated. Such an analysis would include such things as by -right permit processing, incentives, and market demand. In the Q & A (#40) and also the 6/9/05 memo on AB 2348, it states that in suburban and metropolitan jurisdictions zoning must allow at least 20 units per acre, but Appendix 1 of the 6/9/05 memo lists most jurisdictions in Southern California as having a minimum 30 du/ac. Can you please clarify whether the required density is 20 or 30 du/ac for cities with a "default density" of 30 du/ac? A: Jurisdictions should use the same methodology in the site analysis/ land inventory as they do in an action program to provide additional sites, if necessary. In metropolitan jurisdictions, the "default density" for lower- income housing is at least 30 du/ac. If zoning allows at least 30 du/ac, then HCD will not question the validity of this assumption for purposes of calculating the land inventory. However, jurisdictions may use a density lower than 30 du/ac in the sites inventory if the Housing Element includes an analysis demonstrating that lower-income units are feasible at that density. The analysis would include examples of recent affordable projects that were successfully completed at the lower density. If an action program to provide additional sites is required due to an insufficient land inventory, then the density standards in the program should use the same methodology as the land inventory. 20 du/ac is the statutory minimum density that will be accepted in a rezoning program for lower- income units, however, and the program must allow development "by right". While density is an important component of the land inventory, other steps are also required in the analysis, including availability of infrastructure, site constraints (e.g., environmental conditions), and any other factors that could present an obstacle to development during the planning period. 6. If zoning allows at least 30+ du/ac, will that support an assumption that the land qualifies as meeting the VL/Low land inventory even if there is no required affordability component, and the units are expected to be market rate? (e.g., "luxury" mid -rise or hi -rise apartments) A: HCD will accept the 30 du/ac minimum default density for the land inventory and an affordability component is not required. However, if the affordability level of a 30+ du/ac project has been determined (such as for projects already built or with a site-specific approval) then the land CONEXUS -32- August 20, 2007 City of Diamond Bar 2008 Housing Element Proposal inventory should use the actual (or estimated) affordability categories rather than assume that all of the units will be lower-income. 7. Can density bonus law be included in the evaluation of land inventory and the "default" density provisions of AB 2348? (e.g., if the default density for lower income housing is 30 du/ac, would base zoning at 22-25 du/ac be sufficient under the assumption that a density bonus to 30+ du/ac would be approved for affordable projects?) A: No, an assumed density bonus cannot be used to achieve the default density. The base zoning density must be used for the land inventory analysis. 8. If a jurisdiction has insufficient vacant residential land to accommodate its RHNA, what limitations would HCD place on affordable housing or mixed- use overlay zones to meet the shortfall? The Q & A (#40) states that at least 50% of the lower income need must be accommodated on sites zoned exclusively for residential use. Are there any other limitations HCD would impose on overlay or mixed-use zones? A: If a program is required to provide additional sites due to a shortfall in the land inventory, HCD would consider several factors in evaluating the appropriateness of the program. Such factors could include incentives or other measures the program includes to facilitate affordable development on the sites; monitoring provisions included to inform the jurisdiction as to whether the program is working as intended; corrective measures built into the program to allow adjustments if the expected results are not achieved, etc. Note: This paper reflects the opinions of CONEXUS, and is not an official publication of the California Department of Housing and Community Development. While it is based on the personal conversations of the author with HCD staff in February 2007, any errors or omissions are solely the responsibility of the author and not HCD. It should not be considered to be legal advice. Specific concerns regarding the legal adequacy of your Housing Element should be referred to your City Attorney or County Counsel. CONEXUS -33- August 20, 200% City of Diamond Bar 2008 Housing Element Proposal This page left intentionally blank CONEXUS -34- August 20, 2007 CITY COUNCIL Agenda # 8. 1 Meeting Date :Oct 2, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma4ar TITLE: APPROVE TRAFFIC CALMIN CONCEPT PLAN ALONG SUNSET CROSSING ROAD BETWEEN DIAMOND BAR BOULEVARD AND PROSPECTORS ROAD AND ON PROSPECTORS ROAD BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS DRIVE AND AUTHORIZE STAFF TO PROCEED WITH THE PREPARATION OF DESIGN PLANS RECOMMENDATION: Approve concept and authorize staff to proceed with the preparation of design plans. FINANCIAL IMPACT: There is no fiscal impact related to this action. BACKGROUND/DISCUSSION: The proposed traffic calming concept plan is designed to address traffic concerns in the northwest residential area of the City which currently receives a significant amount of "cut -through" traffic from commuters attempting to avoid congestion at the State Route (SR) 57/60 Interchange. Due to the traffic levels and speeds on Sunset Crossing Road and Prospectors Road, protection of pedestrian and driver safety is a priority. In 2005, two (2) workshops were held with this neighborhood to determine their concerns and receive their comments on a number of proposed traffic calming solutions. Subsequently, staff proceeded with the application process to obtain federal grant funding for this effort and received notice in 2006 that the subject project would receive the requested federal funds of $220,000. In March and April 2007, staff revisited the Sunset Crossing and Prospectors Road Neighborhoods to present the prior traffic calming concepts and to incorporate any new information that residents could offer. Additional baseline traffic data was also collected to supplement the speed and volume data collected in 2005. Based on input from residents, a proposed concept plan was developed to avoid overly restrictive measures while maximizing benefits. In May 2007, a proposed traffic calming concept plan was presented to the Traffic and Transportation Commission. This conceptual plan included a combination of landscaped medians, curb extensions, bulges, and striped parking lanes. Several residents spoke in opposition to the plan partly because of concerns with the proposed landscaped median islands on Prospectors Road. The Commission concurred with the traffic calming concept plan (medians, bulges, and striped parking lanes) for Sunset Crossing Road but asked that only temporary measures be implemented on Prospectors Road. Subsequent to the May 2007 Traffic and Transportation Commission Meeting, the proposed traffic calming concept plan was presented to the City Council for consideration. After hearing public testimony from several residents, the Council directed staff to conduct a survey of the entire neighborhood and use the results to refine the proposed concept plan. The survey was conducted in June 2007, and the results have been analyzed and incorporated into the enclosed traffic calming plan proposal (see attached survey card). A total of 263 survey ballots were returned, out of a total of 1173 that were sent, which represents a response rate of 22%. An informational flyer that describes the traffic calming concept plan was distributed to the Sunset Crossing and Prospectors Road Neighborhood to notify them of the recent changes to the proposed plan (see attached September 2007 Flyer). The residents were invited to attend the September 13, 2007, Traffic and Transportation Commission Meeting to provide any additional comments or concerns on the proposed plan. Seven (7) residents provided public comment regarding suggested enhancements and reductions in the scope of the plan and an increase in law enforcement presence. Moving forward with the current concept, which incorporates the most recent resident survey information, will not preclude the opportunity to include enhancements or reductions at a later date. At the conclusion of the Traffic and Transportation Commission Meeting, the commission concurred with staff to move forward with the proposed traffic calming concept. Notice of tonight's City Council meeting was distributed via mail to the area residents (see attached Meeting Notice) and they have been invited to provide any additional comments on the concept plan. If approved by the Council tonight, the concept will move into the design stage. Once the design is complete (anticipated for January 2008), all neighborhood residents will be notified via mail of the final design and the opportunity to view the design prior to City Council award of the construction contract. After the traffic calming devices are installed (anticipated for March/April 2008) and operational for a six (6) month period, traffic data will be collected and compared with baseline traffic conditions to determine the effectiveness of the devices. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: September 25, 2007 REVIEW BY: //J w l David G. Lid, Director of Public Works Attachments: September 2007 Flyer Survey Card Meeting Notice 2 SEPTEMBER 2007 FLYER Sunset Crossing and Prosectors Road Neighborhood Traffic Management In June 2007, a survey was distributed in your neighborhood regarding possible solutions to the speed- ing and cut -through traffic along Sunset Crossing and Prospectors Road. The survey requested input on a variety of traffic calming devices including speed cushions, driver feedback signs, curb extensions, turn restrictions, and landscaped medians. Results from this survey have been analyzed and incorpo- rated into the enclosed traffic calming concept plan. I I I I OBulges/Curb Extensions 0 Speed Cushion 0 Median Island © Full Length Median The proposed plan will be presented for consideration at the City's Traffic and Transportation Commission Meeting on Thursday. September 13, 2007 at 7:001PM In the AQMD/Government Center Auditorium located at 21885 Copley drive. Please plan to attend this meeting if you wish to provide any comments to the Commission on the proposed plan. Pending approval by the Commission, the plan will be presented at a subsequent City Council Meeting in October for final approval. For more information, call 909.839.7043 or e-mail publieworks@ci.diamond-bar.ca.us. Neighborhood Traffic Management Program h 11G1(J, 111JV111VVU 110111%.; 1v1CI11Q(,, C111C111, t'1 VUI CQ111 Based on the most recent survey data collected from your neighborhood, a traffic calming concept plan was prepared and mailed to you in early September. On October 2nd, your City Council will be receiving a staff recommendation to move this concept plan into the design phase. To provide comments on this matter, please attend: Diamond Bar City Council Meeting October 2, 2007 at 6:30pm AQMD/Government Center Auditorium -21865 Copley Drive, Diamond Bar For information, call 909.839.7040 or e-mail at publicworks@ci.diamond-bar.ca.us September 28, 2007 Agenda No. 8.2 City of Diamond from the desk of... Carol Herrera Council Member I received a resignation from my Planning Commissioner, Osman Wei, on September 14, effective September 30. 1 announced the vacancy at the September 18 council meeting, and invited interested applicants to contact me with their letter of interest. The deadline for applications was Sept. 25. I have received two applications: Jack Shah, currently my Traffic and Transportation Commissioner and a Civil Engineer Devon Smith, a mechanical engineer and graduate from Diamond Bar High School I have interviewed both applicants, and I would like it placed on the agenda for the City Council to approve my selection: Jack Shah as my appointment to the Planning Commission. Thank you for your consideration, Carol Herrera 21825 Copley Drive >iamond Bar, CA 91765 (909)839-7010 (909) 861-3117 (fax) e-mail: carol.herrera@ ci, diamond -bar. ca. us Recycled paper JACK SHAH, R.A., M.S. (CIVIL) 22900 Estoril Drive, #5 Diamond Bar, CA 91765-4490 Tel: Cell: 909-816-1424 E -Mail: hck_shacuverizon net September 16, 2007 Ms. CAROL HERRERA Council Member City of Diamond Bar Diamond Bar, CA Re: Appointment for the open position of Planning Commissioner Dear Ms. Herrera: I have the honor to request you, along with the Honorable Mayor Mr. Steve Tye and other Council Members, to consider my candidacy for the open position of the Planning Commissioner. Following are the highlights of my qualifications for the Planning Commissioner position: I . I am resident of the City for almost seven years and enjoying my retired life with my wife, Manjari. 2. I am serving on the Traffic Commission for almost three years. 3. I have been actively providing volunteer services to our community through Sunshine Seniors Association, in the position of Trusty, for more than seven years. I have been arranging musical evenings and other cultural programs for the community, fund raising for deserving families in need of financial support, helping seniors with their other needs, currently looking in to seniors housing complex and support many other activities. 4. By profession, I am a Registered Architect in the State of California and many other states. 5. I am also a Graduate Civil Engineer from Drexel University, Pennsylvania with majors in Transit/Transportation and Construction Management. 6. Through my education curriculum, I am quite familiar with City Planning and through Architectural practice I am very well versed with planning regulations. 7. 1 have worked in the transportation industry for more than 40 years. 1 would consider an honor to serve you and the council under the excellent leadership. I will serve the Commission and the City with honor, dignity and diligence, if given an opportunity. I look forward to the appointment. Please feel free to call me on 909-816-1424, if you have any additional questions. Sincerely Yours, Jack Shah, R. A., M.S. (Civil) 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: G /V cue ORGANIZATION: AGENDA #/SUBJECT: I 1 4 k IVAP DATE: 0 1 a, 3t7z,- PHONE: "0. 2461�- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY, CLERK FROM: DATE: ADDRESS: PHONE: ':,>J— ':f.. ORGANIZATION: 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: G /V cue ORGANIZATION: AGENDA #/SUBJECT: I 1 4 k IVAP DATE: 0 1 a, 3t7z,- PHONE: "0. 2461�- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ?;2$ TO: CITY CLERK FROM:DATE: ADDRESS: PHONE . ORGANIZATION: r 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 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 9-7-)'S 9 ADDRESS: Ss J A),��'a�p ORGANIZATION: DATE 1.3y ,ti:551" PHONE: f0L?12`1 j AGENDA #/SUBJECT: 2'. I t A tAio f PDX ,&�O`re-evzj fl e7 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. el _ Signature