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HomeMy WebLinkAbout10/16/2007City Council Agenda Tuesday, October 16, 2007 4:30 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 q/'Diamond Bar uses recycled paper and encourages you to do the same. 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 16, 2007 Next Resolution No. 2007-59 Next Ordinance No. 07(2007) CLOSED SESSION: 4:30 p.m. Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 Public Employee Evaluation Title: City Manager ► Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: Address: Southwest corner of Washington St. and Lincoln Ave. Assessor's No. 8719-010-013 Southeast corner of Washington St. and Lincoln Ave. Assessor's No. 8719-010-014, 015 -portion Agency Negotiator: City Manager Negotiating Party: Dorothy V. Cauffman, LTD. Under Negotiation: Price and terms of payment ► 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 ► Business Licensing No. Grand Avenue Project Update ► Route 57/60 Project Update October 16, 2007 PAGE 2 Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Dr. Ahmad Sakr, Islamic Education Center Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming the Week of October 22 to October 26, 2007 as "Red Ribbon Week". NEW BUSINESS OF THE MONTH: 1.2 Presentation of City Plaque to Miss Couture, 564 N. Diamond Bar Blvd., as New Business of the Month, October, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Power Point Presentation by Community Services Director Bob Rose re: Lorbeer Middle School Re -Dedication of the Sports Fields. 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the City Council 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. October 16, 2007 PAGE 3 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 23, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.2 Parks and Recreation Commission Meeting — October 25, 2007 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 Los Angeles County Sheriff Diamond Bar/Walnut Station 201h Annual Anniversary Celebration Open House — October 27, 2007 — 10:00 a.m. to 5:00 p.m., 21695 E. Valley Blvd., Walnut 5.4 Diamond Bar Hall of Horrors — Haunted House — October 30 and October 31, 2007 — 6:00 -9:00 p.m., Heritage Park, 2900 S. Brea Canyon Rd. 5.5 Fall Fun Festival — October 31, 2007 — 4:30 — 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd. 5.6 Election Day — November 6, 2007 — Polls open at 7:00 a.m. to 8:00 p.m., If you need help finding your polling place go to www.LAVote.net or call City Hall (909-839-7010). 5.7 City Council Meeting — November 6, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.8 Veteran's Day Recognition — November 7, 2007 — 10:00 a.m., Diamond Bar Community Center, 1600 Grand Ave. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of October 2, 2007 — Approve as submitted. (b) Regular Meeting of October 2, 2007 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of August 23, 2007 - Receive and file. 6.3 Ratification of Check Register — Ratification of Check Register dated September 27, 2007 through October 10, 2007 totaling $976,701.16. Requested by: Finance Department October 16, 2007 PAGE 4 6.4 Approve FY 07/08 Personnel Summary and Budget Adjustment. Recommended Action: Approve. Requested by: Human Resources 6.5 Approve Contract Amendment (LAE) Associates, Inc. in the Engineering Services. Recommended Action: Approve. No. 1 with Local Agency Engineering Amount of $45,840 for As -Needed Requested by: Public Works Department 6.6 Appropriate $125,100 of the General Fund Balance Reserve (Restricted From the Previous Sale of Prop. A Funds) to the FY 2006/07 Public Works Budget for the St. Rt. 57/60 Freeway Congestion Relief Strategy and Approve Contract Amendment with Sasaki Transportation Services in the Amount of $125,100 for Professional Services Related to the St. Rt. 57/60 Freeway Congestion Relief Strategy. Recommended Action: Appropriate and Approve. Requested by: Public Works Department 6.7 Approve Amendment No. 3 to the Consulting Services Agreement with Environmental Impact Sciences (EIS), to Increase the Contract Amount by $18,370 for a Total Contract Amount Not to Exceed $146,365 for Additional Work Required to Complete the Environmental Impact Report for South Pointe West Project, JCC Homes. Recommended Action: Approve. Requested by: Planning Department 6.8 Report on Prop A Transit Subsidy Program and Dial -A -Cab Program and Amendment of FY 2006-07 Prop A Transit Fund Budget to Increase Estimated Revenue $199,500 and Increase Appropriations $185,000. Recommended Action: Approve. Requested by: Finance Department October 16, 2007 PAGE 5 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Appointment to Traffic and Transportation Commission by Council Member Herrera. Recommended Action: Appoint. Requested by: Council Member Herrera 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Studv Session #1 INTEROFFICE MEMORANDUM nlnMoxn snR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Mayor and Members of the City Council FROM: Nancy Fong, Community Development Director 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 2 Meeting Date: September- 18, 2007 CITY COUNCIL ��� ,, ti AGENDA REPORT TO: Honorable Mayor and Membersf the City Council VIA: James DeStefano, City Man gev TITLE: Proposed Business License Ordi ance and Fees for Discussion RECOMMENDATION: Receive a presentation from staff, provide comments and direct staff as appropriate. BACKGROUN'D: On June 19, 2007, the City Council held a study session on the proposal to enact an "in house" business license program. The City Council agreed with staff's assessment that the Los Angeles County business license program is complex and costly, with duplication of public hearings. The Council agreed that a City run business license program would be more convenient, less costly and provide efficient service to our business community. The Council directed staff to prepare a draft business license ordinance and the appropriate full -cost recovery fees for Council review at a study session. Attached for Council reference is a copy of the June 19, 2007 Study Session report and minutes. DRAFT BUSINESS LICENSE ORDINANCE: Currently, the City has contracted with Los Angeles County to administer the business license program and adopted the County business license ordinance as part of the City's Municipal Code (Title 5). In May 2005, City Council amended Title 5 Business License to include a business registration section; the program was launched in July 2005 and implemented for two years. The new business license will be based on the existing business registration program; however, pertinent processing procedures and regulations for specific businesses will be added, tailored to the City's requirements and circumstances. Simply put, the existing Title 5 Business License will be repealed and a new one will be adopted. A. Who needs a Business License? Similar to business registration, every business with a physical location in the City and any business that does business in the city is required to obtain a business license. • Home business: When the homeowner has an active permit or license (e.g. seller permit) issued by a governmental agency to his or her home address, then the homeowner is operating a business. Therefore, a business license and a home base business permit are required. A person taking work home does not constitute a business. • Professionals such as real estate or insurance brokers and agents, or stockbrokers and agents, etc. If the agent or broker that does business in the City is affiliated with a company or corporation which has a business location inside or outside the City, the agent/broker will not need to obtain an individual business license, as long as the company obtains a license. If the agent or broker is independent and not affiliated with a company that possesses a business license, the agent or broker must obtain a business license. • Persons who work in beauty parlors, salons and similar businesses, whether they are considered employees or independent contractors (i.e. they rent a station in the premises) need not obtain a separate license as long as the business has a license. However massage or acupressure technicians may have to obtain an individual business license. Craft and hobbies: According to Franchise Tax Board, if a person is engaged in selling activity for more then 3 times within a 12 -month period, then a seller's permit is required. A seller permit would indicate a business and, hence, a business license is required. Sale tax identification number, employer identification number, business locations are relevant data that show business activities. The data is broad, fair and does not give special privileges to any one business type. B. The General Components of the Draft Business License Ordinance. As mentioned above, the draft business license is based on the current business registration program. The purpose of the business license is not designed to raise revenue or to substitute for land use regulations. Rather, the purpose is to establish a regulatory mechanism whereby the City may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the city for statistical purposes, economic development, and to assist in zoning compliance. A copy of the draft business license ordinance is an attachment to the report. The following paragraphs summarize the general provisions of the business license ordinance. 1. General provisions: As compared with the existing registration ordinance, there are minor changes to the definitions, the requirement to have a business license and pay a fee, the general application procedures, the content of the business license application and the business license sections. Language is added to clarify what businesses are exempt from the license fee but still required to have a license. The section on annual renewal is expanded to clarify the time required for 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 Sheriff's Department. Field inspections may be required as well as criminal background investigations. 1. Specific businesses that require investigation: Staff reviewed the list of specific land uses in the Development Code and determined that the following 14 types of businesses should have additional investigation before the issuance of a business 3 license (in contrast with the County Code, that Iists150 business types, most inapplicable to the City): a. Acupressure and acupressure technicians (CUP) b. Adult Businesses (adult oriented business CUP permit) C. Alcoholic Beverage sale, off-site and on-site consumption (CUP/MCUP) d. Bars and nightclubs (CUP) e. Computer services/network gaming center (CUP) f. Entertainment Establishments (CUP) g. Firearms Dealers h. Indoor amusement/entertainment facilities (CUP) i. Massage establishments (CUP) and massage technicians j. Nightclubs (CUP) k. Second hand dealers I. Peddling -Solicitation m. Psychic reading n. Tow trucks and towing companies 2. The intent of the additional regulations for the specific businesses: As mentioned previously in the report, the City incorporated the Los Angeles County Business license ordinance as part of City's Municipal Code (Title 5), which includes existing provisions that regulate the above businesses. Specific businesses such as entertainment establishments, massage establishments, nightclubs, tow trucks and firearm dealers have extensive regulations. The regulations have been simplified and the provisions are modified to fit the needs of the City. The extensive regulations for these few businesses are needed to ensure their business activities are lawful and that the business activities would not have a threat to the health, safety and welfare of the community. If these businesses are located in Diamond Bar, they would already have complied with the provisions at the time they obtained a County business license. Therefore, the adoption of the proposed new regulations for these businesses would not affect them; rather it would have a positive effect. This is because it would be convenient for them to renew their business license with the City. Further, the proposed ordinance eliminates the requirement for a hearing for issuance of a license; hence unlike the County ordinance, an additional hearing would not be required and the cost for renewal would be cheaper. 3. Procedures for Regulating Specific Businesses: Because of new regulations for the above specific businesses, new procedures are set up to address the following areas. a. Require pertinent additional information for processing the business license application b. Require a investigation prior to issuance of a business license C. Review and approval d. Establish grounds of denial of business license. e. Effects of business license denial E 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. In. 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 $131 $175 $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. N CONCLUSION With the implementation of the new business license program, the business community will find Diamond Bar process is easier, faster and less expensive. Prepare�'Iy Nan Fong, AICP Comm un _ 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) R 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 Establishnaentmeans 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. 1. 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. 0) b. Fee Required. 1. 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. C. The following businesses are exempt from paying the business license fee upon satisfactory proof that the business meets the requirements for the exemption: 1. Non-profit and charitable organizations; 2. Businesses exempt from paying fees under the Constitution of the United States or the State of California, or under the laws of the State of California. d. Evidence of doing business. When a person by use of signs, circulars, cards, telephone book, or newspapers, advertises, 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: 1. Completion of an application on the form designated by the City and signed by the applicant under penalty of perjury; Applications shall be filed a minimum of thirty days prior to the date requested for issuance of the permit; 3. Payment of the applicable filing fee; and 4. Such other information as may be required by the City. b. Except as otherwise provided in Chapters 5.04 and 5.08 of this Title, the City shall process the application and issue a business license upon receipt of a completed application and 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. 1 . Each business license application shall contain the following A. Business name; B. Business address; C. Permanent Mailing address of the applicant; D. Phone number; E. Fax number; F. Employer I.D. Number (or Social Security number): G. State resale permit; H. State employer I.D. number; L 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; O. Description of all vehicles and mechanical equipment owned by or under the control of the business; P. Business license number (in the case of a renewal application); Q. Business license fee paid; R. Health permit number (if applicable); S. Workers' Compensation Insurance Policy number, date and date of expiration (if applicable); T. Proof of any other required county, state or federal training and/or license or permit; and 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. Dame of business; c. Business location; d. Business owner; e. Expiration date.- f. ate;f. Business license number.- Amount umber;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. Ib. 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 0 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 terminate the suspension and restore the license. If the licensee does not request a hearing, the license is automatically revoked at the end of ten days following the notification of suspension. b. Cancellation of Insurance. Except as otherwise provided, a policy of insurance required under this Title shall not be accepted unless it is not subject to cancellation or unless it provides that it shall not be canceled until thirty days after the insurer or surety gives notice thereof to the Director. 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; S. 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 9 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 lie 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 gaming center (as defined in Section 22.80.020) 7. Entertainment Establishments 8. Firearm Dealers 9. Indoor ainusement/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. ecessary;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: ll 5. Whether or not the applicant has ever had any permit or license issued in coniunction 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 5.04.010 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; 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 a. Limitation on New Applications. If an applicant's business license application for a particular business activity has been denied, the City shall not process a new application by that applicant for that business activity for a twelve month period after the date of the decision to deny unless the Director 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 C. 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 perfonned 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, pen -nit or regulation on the business premises or relating to the licensed activity; 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; 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 Ji. 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. 2. 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 P rounds 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 pen -nit holder may continue to conduct the business during the pendency of any appeal. f. 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: 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 In 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. e. 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. f. 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. 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 alarni, 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 alann system within the previous 12 -month period. The alarni 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. 19 L 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 inean 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 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. 2. Entertainment means any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, guests, customers, or any other person or persons. 3. Entertainment Establishment means any business establishment or concern open to members of the public, with or without admission charge, in which entertainment is offered or performed, except as exempted in Subsection (d) of this Section. 4. Entertainment Promoter means an individual or group of individuals, entity or organization that organizes, coordinates, schedules, advertises, solicits patrons, oversees or otherwise promotes entertainment in the facilities of another. C. Permit Requirement. 1. Prior to commencing operation of an entertainment establishment, the owner or operator shall obtain an entertainment license in the manner provided for in this Title and it shall be posted in a conspicuous public place on such premises at all times. Failure to post such permit shall be a violation of this Code and shall be grounds for revocation of such permit. Prior to operating or conducting business in the City, an entertainment promoter shall obtain an entertainment license in the manner provided for in this Title. 2. The failure of an entertaimnent 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 musingguests 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. Entertaimnent provided for invited guests at a private event such as a ZD 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 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. hi 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. 1. Manager Required. Any bar or nightclub shall have a responsible person on the premises to act as manager and supervise employees at all times during which the business is operating. 2. Facility Operators. Licensees shall maintain their operations pursuant to the security plan approved by the Community Development Director and within the standards required by the Department of Alcoholic Beverage Control. 3. Display of Licenses. The business owner shall display, in a prominent and visible location, the business license, and an entertainment license and/or promoter's license is applicable. A promoter's license shall be displayed in the same location as the business owner's license but need only be displayed during the promoted event(s). 4. Complaints. An employee of each business owner licensee shall be appointed to address, during hours of operation, all complaints. The name and phone number of the employee shall be posted adjacent to the business license. The business owner licensee shall make reasonable efforts to address each complaint. The licensee shall keep a log of all complaints and follow-up and shall make the information available to city staff upon request. 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. 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. 2. Entertainment means any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, guests, customers, or any other person or persons. 3. Entertainment Establishment means any business establishment or concern open to members of the public, with or without admission charge, in which entertainment is offered or performed, except as exempted in Subsection (d) of this Section. 4. Entertainment Promoter means an individual or group of individuals, entity or organization that organizes, coordinates, schedules, advertises, solicits patrons, oversees or otherwise promotes entertainment in the facilities of another. C. Permit Requirement. 1. Prior to commencing operation of an entertainment establishment, the owner or operator shall obtain an entertainment license in the manner provided for in this Title and it shall be posted in a conspicuous public place on such premises at all times. Failure to post such permit shall be a violation of this Code and shall be grounds for revocation of such permit. Prior to operating or conducting business in the City, an entertainment promoter shall obtain an entertainment license in the manner provided for in this Title. 2. The failure of an entertaimnent 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 musingguests 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. Entertaimnent provided for invited guests at a private event such as a ZD 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 pen -nit 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 pen -nit 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 25 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 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: 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 entertaimnent 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, firearin 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. 5. 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 firearn, 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 forn 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 Sheriffs Department. In addition to compliance with all the requirements of this title and obtaining a favorable background recommendation from the Los Angeles County Sheriffs Department, the applicant must meet the following criteria: 1. The applicant, and any existing or prospective manager and employee, must be at least twenty-one years of age. 2. The applicant must be properly licensed as required by all applicable federal and California laws. 3. The applicant, or any existing or prospective manager or employee, must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application. 4. The applicant, and any existing or prospective manager and employee, must not have been convicted of: A. Any offense so as to disqualify the applicant, manager or employee from owning or possessing a firearm under applicable federal and California laws; B. Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or other dangerous or deadly weapon; C. Any offense involving the use of force or violence upon the person of another; 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: G' 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. 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 Naive 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 fonn provided by the City signed under penalty of perjury. all 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. The licensee shall provide all firearm purchasers comprehensive instructions, prepared by the licensee and approved by the city, pertaining to the use, maintenance, storage and safety precautions relating to the firearm purchased. k. The licensee shall comply with all security measures imposed by the license issued pursuant to this Chapter upon recommendation of the Los Angeles County Sheriff, including but not limited to locks, lighting, alanns, 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 managers) 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: 31 I . 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 fonn 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 fonn 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 establislunent itself. C. Application Information - Massage Establishment and Off -Premises Massage Businesses. In addition to the infonnation 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 Sheriff s 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; 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; 8. 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 lie 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. 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. Generally A. No person shall peddle or solicit for commercial purposes in any area of the City which is zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day. B. No peddler or commercial solicitor shall touch, come into physical contact with, or affix any object to another person or any member of the public, without first receiving express permission therefor from such member of the public. C. No peddler or commercial solicitor shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited. D. No peddler or commercial solicitor shall intentionally and deliberately obstruct the free movement of any member of the public on any street, sidewalk or other place or in any place open to the public generally. Section 5.08.100 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 39 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. 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. IM] CITY COUNCIL RESOLUTION NO. 2007 -XX A RESOLUTION OF THE CITY OF DIAMOND RESCINDING THE BUSINESS REGISTERATION FEE AND ESTABLISHING FEES FOR BUSINESS LICENSE AND BUSINESS LICENSE RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS LICENSE FEES. A. RECITALS 1. The City Council of the City of Diamond Bar has established various schedules of rates, fees and including but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. 2. Pursuant to the provisions of the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, provided that such rates, fees and charges do not exceed the estimated reasonable cost of providing such services. 3. California Government Code Section 66017 requires notice to be given and data made available, at rates, fees and charges or adoption of new rates, fees and charges, for Planning, Building and Safety and Public Works Divisions services (development fees) at a public hearing of this City Council. 4. California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges for which no other procedures are provided by law. 5. On 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 12007. APPROVED AND ADOPTED THIS DAY OF SEPTEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Steve Tye, Mayor Pa 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 3 Agenda: Study Session Meeting Date: June 19. 2007 \ CITY COUNCIL AGENDA REPORT , R['nR TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Mang) TITLE: City Council Study Session Re arding 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 staffs assessment that the County business license program is costly and cumbersome in its processing due to the following factors: the complexity of the code, logistics of requiring Diamond Bar business owners to travel to downtown Los Angeles, and the requirement to have duplicate public hearings. Furthermore, the Council recognized an opportunity to create a business -friendly license program that would improve customer service and enable the City to provide a proactive response to potential problems from a business. After incorporation in 1989, the City entered into a General Services Agreement with the County to provide the City, its residences and business community with various municipal services. Among other services, the City contracted with the County to administer the City's business license function. The City adopted the entire Los Angeles County Code title on business license as its own; this appears in Title 5 of the City's Municipal Code, and has been unchanged since initially adopted. As the City has matured and conditions have warranted, the City has reduced the level of contracted support provided by the County and opted to bring specific services in-house". However, the County continues to administer the business license program, and its Business License Commission acts on applications for City business licenses. 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. 2 The business registration process helps the City to better understand the types of businesses in the community. The information obtained from business registration is used to track business types in the City, aid in the proper receipt of sales taxes from the State, provide useful information for economic development programs, and assist public safety agencies. All individuals, partnerships, and corporations conducting or operating a business within the City are required to register. In contrast, business licensing does not reach all businesses, but only a narrow category of businesses that are determined to require an extra degree of regulation. The purpose of a regulatory business license is to add additional controls to the proposed business use and/or business operator. The business types within this category may have characteristics that create special land use or law enforcement impacts (i.e., noise, traffic, criminal behavior, operational hours, or other characteristics), which require further investigation and operational conditions. These businesses generally necessitate further scrutiny by the Building and Safety Division, Fire Department, Health Department, Planning Division and/or Sheriffs Department. Field inspections may be required as well as criminal background investigations. Implementation of a Business License Program "In House" It is not recommended that the Council make any substantive changes to the business registration program, but instead, just simply change the name from "registration" to "license" and fold in the additional regulatory licensing currently handled by the County. In other words, the majority of businesses required to register with the City will see no change 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 + Gun dealers + Psychic readers + Message technician + Billiard operators + Taxicab drivers + Acupressure establishment Fees for Regulatory Business License 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 Cityfor 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 '/2 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 puOuu. ** Estimate is based on 1700 businesses operating within the City. 0 2. Renewal fee: Renewal fees for regulatory licenses will be less than the initial fee if all circumstances remain the same. Staff estimated that the time needed to process a renewal is approximately 15 minutes per business license and the estimated fee is $22.00. If the business license renewal includes a change in business location or use, then the renewal will be processed as a new business license with the $53.50 fee. If the renewal with changes requires a background investigation, the cost would be $278.68 cost. Cost of a Los Angeles County Business License The following are examples and comparisons between the cost of a business license from Los Angeles County and the estimated cost from the City. Business Type Examples Los Angeles County Cost Diamond Bar cost (full recovery cost) Initial Renewal Initial Renewal Acupressure establishment $2,268.00 $354.00 $278.68 $22.00 Health & fitness club $1,750.00 $251.00 $278.68 $22.00 On-site alcohol $431.00 $223.00 $278.68 $22.00 Entertainment w/dance $2,392.00 $629.00 $278.68 $22.00 Entertainment w/o dance $1,981.00 $406.00 $278.68 $22.00 Billiard room $2,092.00 $358.00 $278.68 $22.00 In summary, the estimated City fee for a business license is much less than the County fee, business license applications could be done by mail or "over-the-counter," business license public hearings would not be necessary and the processing time would be shorter. Fee Options for Council to consider All business types would pay a $10.00 fee for a business license with an annual renewal fee of $10.00; and establish a full -cost recovery of $278.68 for business types that would require a background 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 5 Angeles County Business License Commission in administering the business license function. Penalties and Enforcement The City Municipal Code currently indicates any person violating any business license provision is guilty of a misdemeanor which is punishable by fine, or imprisonment in the County jail for a period not exceeding six months, or both. Currently, the business registration fee doubles every 30 days. Without a cap, the cumulative penalty fee for every 30 days would mean a penalty fee of over $20,000 in a 12 -month period for the $10 business registration fee. It is 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 e Nancy F CP Community Development Director Attachment: Reviewed by le Assistant City Manager November 21, 2006 City Council Study Session Minutes Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JUNE 19, 2007 STUDY SESSION: M/Tye called the Study Session to order at 5:28 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Linda Magnuson, Finance Director; Susan Full, Senior Accountant; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Ryan McLean, Senior Management Analyst; Lauren Hidalgo, Public Information Specialist; Alfredo Estevez, Desktop Support Technician and, Tommye Cribbins, City Clerk 10- REVIEW OF FY 2006-07 GOALS AND OBJECTIVES/INTRODUCTION OF FISCAL YEAR 2007-08 BUDGET — DISCUSSION AND ACTION. CM/DeStefano asked for Council comment on the revised order of priorities and sub -items, especially with respect to communications. The only new goal is bullet #4 "Enhance the City's website to provide additional information and access to City services." C/Everett explained why he asked for re -prioritization with emphasis on communication. M/Tye said he appreciated a fresh set of eyes on the list. He would not, however, want anyone to misunderstand that he believed the number one issue in D.B. was communication because he believes the City does a good job of communicating at the Council and staff level in reaching out to the community. No one he spoke with during the recent election said anything about doing a better job of communicating. Their priorities were traffic and economic development, etc. He was disturbed about force ranking and felt it was important for the Council to stick with the goal for a "strategic plan for creating a high- quality dynamic center at the D.B. Golf Course." He wanted residents to understand it was an option that had been under consideration since 1991. CM/DeStefano said he reworded the goal in order to better focus on the overall strategic plan for the City that could include the D.B. Golf Course property. C/Chang agreed with M/Tye that the proper priority order would be transportation and economic development to determine the future and quality of life of the residents, followed by "communication." JUNE 19, 2007 PAGE 2 CC STUDY SESSION C/Herrera said she too would prefer the order be 1) transportation, 2) economic development and 3) communication or to eliminate the numbering altogether. C/Tanaka said he would be in favor of eliminating the numbers. Discussion ensued regarding building a dynamic center in another location and the inclusion of the library. CM/DeStefano confirmed the Council's desire to prioritize the items as follows: 1) transportation, 2) economic development, move the library and golf course to the third bullet under economic development, and 3) communication. CM/DeStefano suggested #1 be renamed "traffic mitigation." Council concurred with the inclusion of consideration of a high quality dynamic center at the D.B. Golf Course. BUDGET: FD/Magnuson explained the Budget revisions and reserves. C/Chang asked that staff prepare a PowerPoint presentation for the next budget discussion so that Council Members could more easily follow the discussion. ► DISCUSSION AND ACTION OF IN-HOUSE BUSINESS LICENSING. CDD/Fong presented a report on the possibility of bringing Business Licensing in-house instead of using L.A. County. Following her report she asked for Council direction. CA/Jenkins explained that Council has the option to decide whether it wants businesses to come to the City with new license applications. However, there are logistical reasons why the City might choose to issue renewals. If there are businesses that present the City with problems or there are defects in their licensing with the County, those can then be corrected through modification or revocation procedures. The vast majority of businesses would smoothly transition because it would reduce the logistical burden for the City taking over and without having to do 200 plus background investigations. If businesses have County licenses and the County is the City's agent, the City cannot, without some due process simply terminate a license. From both a legal and logistical standpoint the City would be better served to look at problem businesses on a case-by-case basis. CDD/Fong explained to ClEverett how the application process would be shortened if the City were to handle the licensing. She said it was virtually a duplication of effort for businesses to have to go through the public hearing process with the City and then go to the County to apply for licenses. JUNE 19, 2007 PAGE 3 CC STUDY SESSION M/Tye asked how the County came up with their renewal fees. CM/DeStefano stated that staff does not know how the County calculates renewal fees; but that he felt if might be based on the cost for performing the service to generate the renewal. CM/DeStefano responded to M/Tye that there would be no additional staff required because existing staff members would absorb the various responsibilities. M/Herrera felt there would not have been problems with Scribbles if the City were in control of the licensing process. M/Tye felt the City should not be doing business registration and said he would like to have that process absorbed into the licensing process. C/Tanaka felt it would be a good service to businesses to speed up and make the entire process friendlier. C/Chang also felt that the City would have had fewer problems and avoided legal costs if it had been in control of the licensing. In his opinion, it is a must for convenience, better and more efficient government and would create an enormous bond with the business community. Bottom line is that this would help the City govern pro -actively rather than reactively. He suggested that the fee be increased to make certain the City would at least break even and not have to go back and ask for more. CA/Jenkins explained to M/Tye that there would be three tiers of licensing — 1) all businesses that are currently registered would continue to pay $10; 2) some businesses that require an additional layer of regulation, a sub -category of the businesses currently regulated by the County that would not require a hearing. Whatever the City charged for tier 2 would include the $10 business registration fee; and 3) those businesses that require a hearing, which is a very small portion of the businesses in the City. In short, the City would be doing what the County does now but in a much more simplified manner thereby streamlining the process. C/Everett agreed with C/Chang that the City should be doing the licensing and felt the renewal should be $101 or $103 because it would more likely entail about two -hours worth of work for each license on average. C/Herrera said she favored the program and increasing the charge where licensing may require background checks. CA/Jenkins stated that staff would have to come back to the City Council with a revised ordinance to make adjustments and review the matter from time to time to make sure the program was fully capitalized. JUNE 19, 2007 PAGE 4 CC STUDY SESSION Discussion ensued. Council unanimously concurred to bring business licensing in-house and directed staff to prepare the appropriate ordinance to replace the existing Title V in order to establish an in-house business license program. PUBLIC COMMENTS: Nef Cortez, outgoing Chamber President, thanked staff and Council for their good work. He hoped that the Council would embrace the notion of the Regional Chamber being able to function more effectively and serve as the City's Chamber. He thanked C/Herrera for recommending funding in the amount of $24,000 because he felt the current grant was under funding the Chamber. CM/DeStefano reminded Council that it directed staff to retain the $12,000 figure in the new budget and work with the Chamber to determine the feasibility of a contribution of up to $24,000 according to a proposed scope of work. A®JISbIRNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:32 p.m. TGMMYE ORIBBINS, City Clerk The foregoing minutes are hereby approved this day of 12007. STEVE TYE, Mayor Long -Range Improvements to SR 57 & 60 City Input to MTA Study Update on Grand Avenue Interchange to follow City Council Study Session October 16, 2007 Sophisticated Tool (Simulation Model) Created for the City of Diamond Bar to Evaluate Options October 16, 2007 Council Study Session Missing Freeway Connectors plus Carpool Extensions GrandBypass from WB 60 to Avenuea� i a , x � .. : t ,e rr ..�`;... . �• ������' 'Y4 i. .''"'`.'` .� Ott y ALP !r%_9 7 New HOV Connectors between SR -60 and SR -57 -.,�P� �� �� air ,� � u- � ��£..�� r `7 y,��-. •�` �.4 - ` »'P'��t ,�� �,.('�� .. +► .-`'� ✓, 'fes- r+�-. �. _ _..,_ _,_. _.r -F �«<�a,;: y; � s .. i4;.�; ......� �� 'uti"' 'b'q �5��� it.y�+.2�Y„� _ s t , i p r r. �llt • , re« ♦ .y Y G� # • '' .. p ,. ..e'� �$ mr H.n �G 'iii t.lZ ' i , a. Fj �%` :^ � ,�, A . # r . � �l+f � •^ t4 i � �ii��y4. � j � �.,k'A��c,✓4'• �Y ,# "tom *.f,•.�,�'u� f"` .{ty�s.{ f w �� - � � ti }.. it s„^'lr•�"� 4 �'r �a �ry`Z:rr Ci�'.},•iJL^.-" £.- # �' 's . 4 `•�� y .M @, 4 . s ��Y6 ,r• . �y,�tt4�'q s»"` 4 " l E � y X Y + ri .0 a .. r ,gyp 9 Parallel SR -57/60 System ti90 1 VAN - —a i"` _ r 1571 ,r GO AAA Ain it 3 " - N� � a �4 3 M1 V w y 3 ry 7Cr a a _ n C r+ :Flomw I m IM kmaswilel ZZt� 9 r�' r � rr t l " qo Ali r P y r �r a ,r*qTneirm, Update Grand Avenue Interchange Improvements (City of Industry) October 16, 2007 Council Study Session Simulation Models of the 3 Options Being Considered October 16, 2007 Council Study Session Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION D OR A �� OCTOBER 2, 2007 STUDY SESSION: M/Tye called the Study Session to order at 5:30 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; Michael Jenkins, City Attorney; David Doyle, Asst. City Manager; 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, Public Information Manager and Tommye Cribbins, City Clerk Also Present: Traffic and Transportation Commissioners LeAnn Pincher, Jack Shah and Vice Chairman Kenneth Mok 110. SR60/LEMON AVENUE INTERCHANGE IMPROVEMENTS UPDATE CM/DeStefano stated that this item is a status update on the State 60 Lemon Ave. Project that the City has been working on with the City of Industry and the State for sometime. The whole issue of traffic mitigation is the Council's number one goal, with one specific component of the goal - to monitor and participate in the completion of the Lemon Ave. Interchange Project. CM/DeStefano then introduced PWD/Liu who with members of JE Jacobs made a power point presentation. PWD/Liu stated that joining the meeting is a representative with the City of Industry and the City's Traffic and Transportation Commissioners. He introduced Mr. Chen with JE Jacobs who introduced members of his group. Mr. Chen then made a power point presentation updating the City Council on the four alternative proposals for the SR60/Lemon Avenue Interchange Improvements. Mr. Chen confirmed to M/Tye that in Alternative 2, the Brea Canyon on/off ramps would remain open. C/Chang asked if the sound wall costs were included in the total cost. Mr. Chen responded that they were. PWD/Liu explained that typically, the review period for the environmental document is 30 -days; however, the team has requested a 60 -day review period with the goal being to adequately inform residents along the proposed project area. OCTOBER 2, 2007 PAGE 2 CC STUDY SESSION M/Tye asked if it would take 18 -months from final design to final design approval. Mr. Chen responded that generally, the timeframe would be 9 to 12 months but because of the potential right-of-way negotiations with homeowners Caltrans would typically require a minimum of 18 -months. PWD/Liu explained that staff wants to make sure that the residents are properly educated and informed. Staff will bring back more information about possible decisions in 2008. C/Herrera asked if the construction cost estimates were on track with 2010 costs and whether the costs for alternatives 2, 3 and 4 included right-of-way costs? Mr. Chen responded by stating that the proposed costs are based on today's dollars with future escalations accommodated by contingencies. For example, there is a built-in 20% contingency as well as a 35% margin. Right-of-way costs are included as well. MPT/Tanaka asked if the current carpool project scheduled to be completed in about 2012 was being completed in conjunction with this project? He understood that Caltrans had discovered that several sound walls would have to be removed to accommodate the additional lane. It appeared to him that alternatives 2, 3 and 4 would require further widening of the freeway at this juncture. Mr. Chen said that based on the construction plans, the freeway would not be extended beyond the current shoulders with most of the construction happening in the median area behind the K -rails and that even if the projects were being constructed simultaneous there would be no conflict. C/Chang thanked staff for the presentation and pointed out that the City's goal was to eliminate the Brea Canyon Rd. on and off ramp because it is very problematic to the City. An on-off ramp at Lemon Ave. would help solve a lot of problems with truck traffic. He felt that in accordance with costs and other factors, Alternative 3 was the best. With the information provided today he would not favor Alternative 4 at twice the cost with no added benefit. Alternative 2 seemed to him to be a band-aid fix. He further stated he would prefer to have the fix completed sooner than 2012. PWD/Liu responded to M/Tye that the crosshatch indicates a partial taking of those areas. C/Herrera asked if the construction schedule would be accelerated if the team was successful in negotiating with the residents in a shorter timeframe. Mr. Chen stated that if all went well, construction could begin sooner. OCTOBER 2, 2007 PAGE 3 CC STUDY SESSION C/Everett asked if there were numbers to indicate an increased performance from Alternative 2, 3 or 4 because the overall capacities would be pretty much the same. PWD/Liu said that if no improvements were made traffic would increase. With growth happening around the City and especially with the growth from the City of Industry there will be a bottleneck at the Brea Canyon Rd. intersection. There is also a question of safety at that intersection that Caltrans has been aware of for many years. Mr. Chen said that this project would also include improvements to local intersections such as the addition of a left -turn pocket at Lemon Ave. and Golden Springs Dr. Both Mr. Chen and PWD/Liu stated that the Traffic Study was very detailed in its analysis of levels of service at certain points in the future. CM/DeStefano explained that there were a variety of issues to be considered. It is not only performance that is being considered but other physical impacts to D.B. as well. D.B. will be working with Caltrans to reduce the amount of right-of- way taking necessary from any residential, school and commercial properties. D.B. is not interested in complete takings and none are being requested at this point. Staff is also very concerned about potential impacts to the business community. At this time the business community receives detrimental effects as a result of the ineffective Brea Canyon Rd. on and off ramp. Conversely, the on/off ramp offers many benefits to the businesses in the immediate vicinity. If that intersection is to be eliminated, what other impacts would occur and would they be positive or negative. For D.B. that intersection is very critical to business. So there are many things that the City needs to consider. In addition to increased performance considerations D.B. has to weigh all issues to determine what is best for the community. M/Tye said that the yards that slope down to Golden Springs and homes on Golden Springs south of Lemon Ave. are impacted today by noise from the freeway and how would these alternatives further impact these homes that necessitate a sound wall? Mr. Chen responded that Caltrans had the same question. The bearing walls have come into question and the team is reconsidering them. PWD/Liu said the basis for the sound walls was the fact that the project would bring traffic closer to those homes. C/Herrera asked if the draft environmental document was a lengthy document. Mr. Chen said that Caltrans was reviewing the team's document/input and that the final document would be forthcoming by the anticipated date. OCTOBER 2, 2007 PAGE 4 CC STUDY SESSION C/Herrera asked if staff was contemplating a study session with the WVUSD School District members. CM/DeStefano said that one had not yet been considered. However, one could be incorporated into the public review period. C/Herrera said the District was concerned about the increased truck traffic near their District offices and the elementary school on Lemon Ave. CM/DeStefano stated that Dr. Beckler was concerned about Alternative 4 requiring a right-of-way that would take land from the School District property which would affect their maintenance yard and add traffic to Lemon Ave. thus impacting the school. Public Comment: Jack Shah asked how many months the on/off ramp would be closed and what impact the closing would have on the on/off ramp at Grand Avenue; what other projects were proposed during the SR60 interface; what the agency and consultant costs were and, if the City would buy properties it might take by condemnation? Mr. Chen said that before the eastbound off ramp is closed the new off ramp would be in place so that traffic would move to the newly constructed off ramp. Likewise for the on ramp to make sure there was no disruption of service. Of course there would be a few days of overlapping to ease the transition. If the City asked for more elaborate landscaping the project may take longer to complete. Moving pavement takes about two to three weeks. M/Tye said that under Alternative 2 the on and off ramps at Brea Canyon Rd. would go away. Mr. Chen explained how the costs are paid. CA/Jenkins explained that if it were necessary for the City to file an eminent domain action, the City could deposit the estimated amount with the court and take immediate possession of the property allowing the project to immediately proceed. Even if the owners were to contest the taking for public purpose the outcome would not take very long. In short, the filing of an eminent domain action would not substantially delay moving forward on the timeframe. ► BUSINESS LICENSING — M/Tye announced that due to the length of the previous topic, discussion regarding Business Licensing would be continued to October 16, 2007. OCTOBER 2, 2007 PAGE 5 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Tye adjourned the Study Session at 6:27 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2007. STEVE TYE, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 18, 2007 CLOSED SESSION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda ► Government Code Section 54956.9(a) — Pending Litigation — One Case People of the State of California v. Rattan Hospitality, LLS (Scribbles) Case No. BC 351925 STUDY SESSION: ► SR60/Lemon Avenue Interchange Improvements Update ► Business Licensing — Continued to October 16, 2007 Public Comments: Study Session adjourned to the regular meeting at 6:27 p.m. CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Closed Session the City Council received an update regarding pending litigation against Scribbles - no action was taken. Also, during tonight's study session Council received a status report on the Pomona Freeway (SR60)/Lemon Ave. Interchange Improvement Project which included a briefing on the four proposed alternatives. Due to lack of time, the matter of Business Licensing was continued to the October 16, 2007 meeting, PLEDGE OF ALLEGIANCE: INVOCATION: Church gave the invocation. ROLL CALL: Tem Tanaka and Mayor Tye. Council Member Herrera led the Pledge of Allegiance. James Price, Sr. Pastor, Diamond Canyon Christian Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager, David Doyle; Asst. City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; Bob Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager; Rick Yee, Senior Engineer; Kimberly Molina, Assistant Engineer; Joyce Lee, Management Analyst and Tommye Cribbins, City Clerk. OCTOBER 2, 2007 PAGE 2 CITY COUNCIL APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye presented a Certificate of Recognition to Beth House for Winning The Whirlpool Third Annual "Mother of Invention Grant Rewards Innovation and Ingenuity of Mom Entrepreneurs" award. Mrs. House introduced her husband and son. 1.2 C/Herrera introduced Dr. Cynthia Simms, the new Walnut Valley Unified School District Superintendent. Dr. Simms said she was honored to serve the WVUSD and glad to be a part of the community. 1.3 MPT/Tanaka proclaimed October 7 through October 18, 2007 as "Fire Prevention Week" and presented a proclamation to Chief Nieto. Chief Nieto encouraged residents to have an escape plan for their family and to be very careful when burning candles. BUSINESS OF THE MONTH: 1.4 C/Herrera presented a City Tile to Diana Juan, General Manager of Diamond Bar Hand Car Wash, 2845 S. Diamond Bar Blvd. as Business of the Month for October 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that a Chili's Restaurant is under construction at the corner of Grand Ave. and Golden Springs Dr. in front of the Target Store with the opening anticipated for February/March 2008, 3. PUBLIC COMMENTS: Aziz Ameri, President, Regional Chamber of Commerce, announced the availability of a new map representing the cities in the San Gabriel Valley area including D.B. and reported on the Chamber's efforts to promote business. In response to M/Tye Mr. Ameri said that maps could be obtained from the Chamber office outside of the SCAQMD/Government Center Building or by calling the Chamber at 909-860-1904 to have a copy mailed. Mangal Gulshan pointed out that there was a street close to his house missing from the Chamber map and there may be other corrections that needed to be made before the map was distributed. 4. RESPONSE TO PUBLIC COMMENTS: None. OCTOBER 2, 2007 PAGE 3 CITY COUNCIL 5. !m SCHEDULE OF FUTURE EVENTS: 5.1 Lorbeer Middle School Rededication of its athletic field — 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 Center Hearing Board Room, 21865 Copley Dr. 5.4 City Council Meeting — October 16, 2007 — 6:30 p.m. AQMD/Government Center Auditorium, 21825 Copley Dr. CONSENT CALENDAR: C/Chang moved, C/Herrera seconded, to approve the Consent Calendar as presented. 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 6.1 .1 Study Session Minutes of September 18, 2007 — as submitted 6.1.2 Regular Meeting of September 18, 2007—as submitted. 6.2 PLANNING COMMISSION MINUTES —Regular Meeting of August 28, 2007 — Received and filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of June 14, 2007 — Received and filed. 6.3.2 Regular Meeting of July 12, 2007 — Received and filed. 6.4 RATIFIED CHECK REGISTER dated September 13 through September 26, 2007 totaling $723,778.33. 6.5 REVIEWED AND APPROVED PRELIMINARY TREASURER'S STATEMENT — for August 2007. 6.6 ADOPTED RESOLUTION NO. 2007-58: 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 AUTHORIZED THE TRANSFER AND OCTOBER 2, 2007 PAGE 4 CITY COUNCIL CONVEYANCE THEREOF. 6.7 (a) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO NORRIS-REPKE FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT IN THE AMOUNT OF $78,560 AND AUTHORIZED A CONTINGENCY AMOUNT OF $8,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $86,560. (b) APPROVED PLANS AND SPECIFICATIONS AND AWARDED CONSTRUCTION CONTRACT FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT TO RJ NOBLE COMPANY IN THE AMOUNT OF $644,000; AND AUTHORIZED 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. 6.8 APPROVED SANITARY SEWER MANAGEMENT PLAN (SSMP) DEVELOPMENT PLAN AND SCHEDULE AS REQUIRED BY STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 2006- 003. 6.9 ACCEPTED WORK PERFORMED BY BELAIRE-W EST LANDSCAPE, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT LORBEER MIDDLE SCHOOL TO THE FOOTBALL FIELD, TRACK AND SLOPE; DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION, RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE; APPROVED INCREASE IN CONTRACTAMOUNT IN THE AMOUNT OF $5,166.36 FOR ADDITIONAL CONSTRUCTION COSTS; AND, APPROVED APPROPRIATION OF $20,166.36 IN PARK DEVELOPMENT FUNDS IN THE FISCAL YEAR 2007/08 BUDGET FOR THIS PROJECT. 6.10 ACCEPTED WORK PERFORMED BY JDC, INC. FOR THE CONSTRUCTION OF ADA AND PARK IMPROVEMENTS AT PAUL C. GROW PARK AND DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.11 AUTHORIZED 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. PUBLIC HEARINGS: None OCTOBER 2, 2007 PAGE 5 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPROVE TRAFFIC CALMING 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. SE/Yee provided Council with the background on the Traffic Calming Conceptual Plan that commenced in 2005 with Neighborhood Traffic Management Plan workshops. He said that after presenting the Council with a conceptual plan, staff was directed to go back into the neighborhood to further engage the residents via a survey regarding traffic calming devices. At its September 13, 2007 meeting the Traffic and Transportation Commission concurred with staff's recommendation to move forward with the conceptual plan. Rock Miller, KOA Corp., gave a power point presentation outlining the proposed calming devices. Results of the survey indicate a strong support for the program in general. A number of people expressed concerns over speed cushions and a few expressed concerns about the plan in general. He said in his experience quite often features such as speed cushions are a concern whereas other elements such as islands and landscape features seldom generate concerns. The plan proposes use of bulges and curb extensions along Sunset Crossing, which would tend to reduce the optical width of the street and a full-length median near the freeway ramp which would produce a feeling of entering a gateway into a neighborhood. There was a great deal of comment about landscaping and there is a clear intent that the median be well landscaped based on promises made to the residents. The plan for Prospector Rd, includes reducing the number of speed cushions. Bulges would be located at the Sunset Crossing/Prospectors intersection; islands and a bulge at the Dry Creek intersection; three speed cushions, and a combination of median and bulges at the intersection close to the school. At the intersection to the south would be a series of bulges and an island beyond the typical location of the shadow of the bridge at the freeway ramp. Assuming Council approval tonight, final design should be available in about 60 days. Staff would notify the residents of the Council's action and indicate the construction schedule. Mr. Miller said that as always, he would recommend a six-month measure of the effectiveness of the implementations. Mr. Miller responded to M/Tye stating that generally when there is landscaping included and the appearance of the improvements is clearly judged to be an amenity to the neighborhood he was highly confident that the Council would find very strong support for what the City has done. There is a remote chance that people could come forward to say not enough was done. However, he has never heard of a project in which modest islands and curb extensions like those proposed have been ordered removed because of presenting an inconvenience orobstacle to traffic. He said he understood the City had a negative experience with a traffic circle. Such an implementation falls in an area where there has been mixed experience with traffic circles and islands. He generally recommends that the OCTOBER 2, 2007 PAGE 6 CITY COUNCIL landscaping and full improvements be included with such a device. Quite often when temporary devices are installed with dots, etc. people feel it is permanent. Dust and debris tends to form within the dots because the street sweeper is unable to properly clean them and there is no real positive effect. If traffic circles are not done permanently with rich landscaping and an understanding it is a type of monument they are less likely to be removed because a certain portion of the neighborhood will become attached to it. Many communities still proceed nervously with traffic calming devices but his experience indicates that the same effects are not realized from a temporary device. Temporary programs generally should be demonstrated temporarily for a few weeks, removed and hearings held about whether to continue. He felt the biggest risk would be that the residents would want additional devices installed because the devices would be perceived as amenities. M/Tye asked why his recommendation of a no -left -turn sign turning west onto Prospectors and a no -left turn heading southbound on Prospectors off of Golden Springs was not included. Mr. Miller said that discussions involving turn restrictions were explained to the residents as being difficult if not impossible to enforce. Cities cannot enforce something against a non-resident and forgive it against a resident. Although there is through traffic on the street there is also local traffic going to and from the school. When all was said and done the residents felt that the inconvenience of a turn restriction upon themselves would outweigh the possible advantages. Also, if it was a left turn at Sunset Crossing and Prospectors because the school is the dominant reason for traffic there, there would probably be a parade of vehicles proceeding straight across and making a u -turn within a hundred feet and turning right. SE/Yee further explained that the survey included an item for turn restrictions and the response placed the item last on the list of preferences. Steve Tyler, 202 Red Cloud Dr., said he would like to see traffic diverted back to the freeways and away from residential neighborhoods. The traffic does not come from his neighborhood but from the SR57. He suggested that the City not allow right turns at Sunset Crossing between 6:00 a.m. and 9:00 a.m. weekdays and possibly in the afternoons as well. Curtis Postel, 531 N. Deep Hill Rd., stated that he was first notified of this project about the middle of the year and that he had received the survey late. He also expressed his displeasure with the City of Industry's plan to build high rises and to level the hills; as well as the City's desire to get rid of the golf course and put in a strip mall. He said he has lived in his home for over 30 years and was very concerned about what was happening in the City. He wanted the Council to drive through his neighborhood and think about what would happen when these devices were installed. He felt that an occasional Sheriffs presence and painting 25 mph on the street would be the best solution. OCTOBER 2, 2007 PAGE 7 CITY COUNCIL Kathy Chavez, 300 So Rock River Rd., said she too had lived in her home for 30 years with the same number of residents. Even though the City has guaranteed Sunset Crossing Rd. will not be a through street to the City of Industry it does not guarantee that her street will not become a four -lane highway. The freeway is right behind her home and when it comes to wrecking her neighborhood she has to complain. There is limited parking in her neighborhood and street parking is a necessity. If the City moves forward with these devices it will cause a problem. This is a small neighborhood that is stuck in the middle of "nowhere land" with a traffic problem. $800,000 could buy enforcement for at least five years. She suggested that the speed humps be installed on Sunset Crossing Rd. If these devices are installed in her neighborhood she will use other streets to get around town. Mary Wehmeier, 404 N. Rock River Dr., said she did not receive a survey or a telephone call. She spoke with Council and staff at the Fair and never heard from anyone. She wanted to know how wide the islands would be. There is not enough parking for residents. She wanted the City to give the residents what they want. Michael Goda lives on Sunset Crossing and would welcome the center median to slow the traffic and enhance safety. In his opinion, curb extensions would help protect residents' vehicles when parked on the street. He would tend to ask for more devices including speed cushions. He has also seen traffic speeding down the alleyway and would like to see speed cushions in the alley as well. Dr. Douglas Barcon, 404 North Rock River Dr., said that since his last visit to the Council he has driven different routes and found it to be faster for him to drive down Sunset Crossing Rd. to Diamond Bar Blvd., turn right and go onto the westbound 60. C/Herrera wondered if the trash trucks would have difficulty maneuvering the streets. SE/Yee explained that the design and location of the bulges would be carefully laid out so as not to obstruct the path of trash trucks and allow access to driveways as well. MTP/Tanaka thought that the last time this matter was brought before the Council there was a request to know the actual size of the median and how it would affect the traffic lane and wondered if the information was shared with the residents. SE/Yee said that this plan has not yet moved into the actual design phase and actual physical dimensions will not be available until that time. PWD/Liu said that the concept is to maintain parking for residents and the creation of one driving lane in each direction as well as beautify the median area. Mr. Miller said the travel lanes are about 12 ft. wide. The two inside lanes occupy about 24 ft. of roadway. The median is drawn to a width of approximately 12 to 14 OCTOBER 2, 2007 PAGE 8 CITY COUNCIL ft. The curb extension is about 8 ft. wide and is designed very close to the intersection so that it does not take away more than one or two parking spaces and can actually be as small as one-half a parking space and in the Prospector area it probably would be equal to about one-half a parking space. The dimension will be somewhat dictated by the project budget, especially on Sunset Crossing. This is a fairly long street for a fully landscaped median and would probably consume much of the project budget. There is approximately $200,000 that has been set aside for construction of this project; design fees run about 10 to 15% of that figure and there are costs associated with working with the neighborhood to attempt to reach consensus. The figures were for the pavement rehabilitation project and construction management that were on the Consent Calendar. He heartily concurs that it is always a good idea to do things outside of a neighborhood if one believes the things outside are pushing traffic into the neighborhood. However, the money does not go very far when cities go outside of the neighborhood. The budget set aside for construction for this project is about $200,000 and there is very little that can be done for $200,000 to move traffic better on an arterial or on a freeway. This is a fairly ample fix for the neighborhood in terms of the budget for what will be accomplished. As an example, a traffic signal costs more than $200,000 to construct. MPT/Tanaka asked if both devices had to be installed in order for the project to be effective or could only the Sunset Crossing medians be constructed? Mr. Miller responded that the Sunset Crossing treatment would be effective for Sunset Crossing and the Prospector Rd. treatment would be effective for Prospector Rd. If both are done the people driving through will have more calming features to deal with. He felt confident in saying that the City would have a measurable decrease in through traffic on the street with both installations. If Sunset Crossing were done alone it would beautify the street but not have any effect on people who wanted to use Prospectors as a shortcut between one end of the subdivision and the other. C/Herrera reiterated the timeline and asked if March was the final stop point for calling a halt to the project? SE/Yee said that one of the next opportunities for residents to speak on this matter would be in January when staff notifies Council about the completed design. Subsequently, once the devices are installed the City would go through its usual six-month evaluation process at which point staff would be collecting speed and volume data to present to the Council for final concurrence on whether the installations should be kept in place. C/Herrera asked how many residences were involved in the project. SE/Yee responded that 1173 surveys were sent to residents and 263 responses were received. OCTOBER 2, 2007 PAGE 9 CITY COUNCIL C/Herrera said that while this project affects a lot of people, not a large number have responded. SE/Yee said that historically, this is one of the better turnouts that the City has received in terms of percentage responses. There have been four notifications to the 1173 residences, two neighborhood meetings a Council Meeting in May and a Traffic and Transportation Commission Meeting in September. PWD/Liu reiterated the facts and indicated that unless individuals respond in writing or speak out, staff has difficulty in determining the needs of the community. However, through the surveys staff understood that the majority of residents who live along Sunset Crossing would like to see medians or speed cushions and residents along Prospectors indicated speed cushions were their number one choice. Staff believes that a 22% response is very good. C/Chang suggested staff hold one more town meeting and have tonight's speakers invite their neighbors. C/Everett said he appreciated the level of work and appreciated the frustration of the speakers. He felt the analysis was sound and that bulges served their purpose. People have asked for specific measurements and it appears that if a design were completed by January the project would go through another group of checkpoints and proceed to the next step. He asked if the schedule could be posted on the City's website and have a checkpoint at which the project design would come back to the Commission and/or Council. He recommended moving forward because this is a serious problem that needs attention. SE/Yee responded that in addition to mailing to the entire neighborhood, staff can post information on the website. There is a general tab on the City's website for the NTMP which can be supplemented with details of this project. Additional checkpoints will involve notifying the entire neighborhood once the design is complete and a study session could be scheduled to bring Council up to speed on what the design would look like. The checkpoints are in staff's presentation. Ron Foster, 23010 Sunset Crossing Dr., said the Council could study this forever and the matter would get no further than it has gotten. He said he was absolutely opposed to having this item tabled. There are a lot of people who do not have time to come to Council meetings who feel Council Members should be able to do their jobs and take care of the residents' needs. CM/DeStefano stated that this matter has been studied with the residents of the neighborhood for the past couple of years. There have been surveys, workshops and a variety of techniques. The rate of response is higher than that of other neighborhoods within the community. This is a project that would piggyback on the project that the Council just approved in its Consent Calendar. Prospectors Rd. is scheduled for an $800,000 renovation. Prospectors Rd, needs a variety of overlay grinding and various road improvements that will occur whether or not any neighborhood traffic management techniques are employed. The roadwork that is OCTOBER 2, 2007 PAGE 10 CITY COUNCIL scheduled for Prospectors and approved bythe City Council will occuroverthe next few months with a detailed schedule to be developed so as not to negatively impact the neighborhood during the holiday period. This project does not have a specific time limit. Staff's recommendation for action this evening is recommended based on input from the residents, the Council's professional staff and consultants as well as from the Traffic and Transportation Commission. The Council can approve the recommendation and move forward this evening, modify the recommendation and take action to move forward, remand the project back to the Traffic and Transportation Commission and staff to conduct other survey work, etc. Residents will be concerned about the length of time this takes and there are other residents that may believe additional time is required. M/Tye said that one of his questions was what about saturation of sheriff enforcement in the a.m. and p.m. and as addressed by C/Everett the City would not be able to afford to spend $200,000 because when the money was exhausted in a certain amount of time the City would be out the $200,000 and the problem would return. SE/Yee said that $200,000 for enforcement would come from the City's General Fund and not from federal funding because federal funds cannot be used for enforcement. M/Tye said he appreciated that fact but reiterated that the problem would not go away. The City cannot divert traffic to the freeway. D.B. streets are attractive to drivers because of the excessive traffic on the freeway. He felt the problem was cut -through traffic and not neighborhood traffic. He agreed with Mr. Foster that the Council could look at this over and over again. He stated that the first Neighborhood Traffic Management Program he attended was April or May 2005 in the Sunset Crossing neighborhood at the YMCA and here we are in October, 2007. At that time, staff and consultants outnumbered the residents. A 22% response is a very good sampling. The City needs to be proactive and move forward and take action. A speaker spoke about the City wanting to turn the golf course into a strip mall. In spite of what residents have been told and what a speaker said tonight there is no proposal before this Council to turn the golf course into a strip mall. C/Chang withdrew his proposal to table this matter. C/Everett moved, C/Herrera seconded, to approve the concept and authorize staff to proceed with the preparation of design plans with NTMP milestone monitoring to be posted on the City's website. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Everett, Herrera, MPT/Tanaka, M/Tye None None OCTOBER 2, 2007 PAGE 11 CITY COUNCIL 8.2 APPOINTMENT TO PLANNING COMMISSION BY COUNCIL MEMBER HERRERA - C/Herrera said that at the last City Council Meeting she announced that due to other obligations, Osman Wei would be unable to continue his duties on the Planning Commission. She invited interested parties to apply and received two applications, one from Jack Shah, currently her Traffic and Transportation Commissioner and a Civil Engineer, and another application from Devon Smith, a mechanical engineer and graduate of D.B.H.S. She interviewed both parties and selected Jack Shah as her appointment to the Planning Commission. C/Herrera moved, MPT/Tanaka seconded to approve C/Herrera's appointment of Jack Shah to the Planning Commission. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Everett, Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Jack Shah thanked the Council Members for expressing their confidence by selecting him to serve as a Planning Commissioner. He thanked SE/Yee for his assistance while serving on the Traffic and Transportation Commission and indicated that many residents spoke very highly of Mr. Yee's contribution to the residents through the NTMP. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that traffic is the number one concern of the City's residents and is a topic of conversation at almost all Council meetings. When he moved to D.B, in 1987 Grand Ave. was closed. Fortunately, the two cities settled on opening Grand Ave. between Chino Hills and D.B. Present and past Councils and staff have spent a great deal of time reaching out to the community to listen to residents' concerns about traffic. Today the City Council discussed alternatives for improving the freeway system that included on/off ramps at Lemon Ave., a topic that has been discussed for the past 10 years. He personally feels very frustrated at how slowly changes are made but appreciates the thoughtful way in which the City attempts to consider all possible sides of proposed changes. As a result of Proposition 1 B D.B. will receive close to $1 million of the allocated funds for traffic improvement. He commented on the joint venture dedication of Lorbeer Middle School Field dedication to be held on Monday, October 8. C/Everett said he too was frustrated about the challenge of traffic management. He also invited residents to join in the rededication of the Lorbeer Middle School Field. It was a pleasure tonight to welcome the new WVUSD Superintendent. He acknowledged the success of the House family. He thanked Chief Nieto for reminding residents about planning in the event of a fire or other disaster. He felt the hand car wash was great and pleased to recognize them as business of the month. He had the privilege of attending an excellent conference with C/Herrera OCTOBER 2, 2007 PAGE 12 CITY COUNCIL and CDD/Fong about good community. As a servant to the City of D.B. his focus will be sustainability. The conference focused on communities as renewal resources. He felt the concept should be part of the City's Vision Statement. There are recycling bins at Sycamore Park during the Concerts in the Park series. The senior/adult apartments at the north end of D.B. cooperated with staff and have recycling bins in their complex. He encouraged business owners to attend the small business expo. C/Herrera said it was a sad occasion for her to attend the funeral of City of Industry Council Member Phil Marcellin with whom she served on fourdifferent boards. Mr. Marcellin was a very active Council Member. He served on the San Gabriel Valley Council of Governments, Alameda Corridor East Construction Authority; Transportation Committee for COG and Four Corners Transportation Coalition which C/Herrera chairs. Mr. Marcellin was always in attendance at meetings and very supportive of other cities in the region including D.B. It is a tragic loss for the city and the community. It reminded her that D.B. lost Bob Zirbes on February 8 and that loss created a huge void within the City Council because Bob worked so very, very hard for the City he loved. She thanked the Council for voting to approve her appointment of Jack Shah to the Planning Commission. Since there is now a vacancy on the Traffic and Transportation Commission she announced that she would accept applications from interested parties until 5:30 p.m. October 10 and asked that staff place the matter on the October 16 meeting agenda. MPT/Tanaka attended the WVUSD award dinner during which individuals who foster good educational programs within the community were recognized. He attended the PUSD candidate forum; the Regional Chamber of Commerce Mixer hosted by the Marriott Courtyard in Hacienda Heights; the Walnut Valley Water District barbecue lunch and toured the plant. He attended the D.B. Chinese- American Moon Festival on Saturday and the Alisa Ann Rauch Burn Foundation golf tournament dinner. MPT/Tanaka announced that the PUSD announced its representative for this semester who is a senior at Diamond Ranch High School; attended the D.B. 4 -Youth meeting; the Senior Octoberfest Dinner and Dance; the WCCA authority meeting last week and the Neighborhood Watch summer barbecue. He thanked Deputy St. Amant for attending and bringing the mobile trailer with him. M/Tye thanked CSD/Rose and other staff members for completing the Lorbeerfield project and said he was reminded that he was on the Parks and Recreation Commission when the City first talked about refurbishing that field. Finally, the School District understood the benefit of this joint venture. He again congratulated Dr. Simms — she has big shoes to fill with Dr. Beckler moving on to Corona -Norco and has confidence that Dr. Simms will bring new talents and vision to WVUSD and maintain the high level of accomplishment within the District. OCTOBER 2, 2007 PAGE 13 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 8:58 p.m., in memory of City of Industry Council Member Phil Marceline. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2007. STEVE TYE, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 AUGUST 23, 2007 CALL TO ORDER: Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Lew Herndon, Vice Chairman Ruth Low and Chairman Ted Owens. Absent: Commissioner Benny Liang was excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Sara Somogyi, Recreation Services Manager; Mickey McKitrick, Recreation Coordinator and Marisa Somenzi, Senior Administrative Assistant. PRESENTATION OF 2007 CITY YOUTH BASEBALL SPORTSMANSHIP AWARDS. RECESS: Chair/Owens recessed the meeting at 7:08 p.m. RECONVENE: Chair/Owens reconvened the meeting at 7:16 p.m. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR C/Grundy moved, VC/Low seconded, to approve the Consent Calendar as amended. Without objection, the motion was so ordered with C/Herndon abstaining and C/Liang being absent. 1.1 Approval of Minutes for the July 26, 2007 Regular Meeting. 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RSM/Somogyi VC/Low asked if it was possible to have the list of events for the current AUGUST 23, 2007 PAGE 2 P&R COMMISSION riscai year. KSM/Somogyi said she would provide a complete listing at the next Commission meeting. RSM/Somogyi responded to Chair/Owens that the Summer Day Camp enrollment was 85 children per week. C/Herndon asked if the financial summary for the 4th of July Blast was complete and RSM/Somogyi responded that the Sheriff's Department overtime was not included because the numbers were not available until several months after the event. RSM/Somogyi said she expected the total to be well under the projected General Fund expenditure. VC/Low asked if the food vendors were able to keep the sale proceeds and RSM/Somogyi responded "yes." 2.2 PARKS REPORT — PMS/Jordan 2.3 CIP PROGRAM REPORT— CSD/Rose a. Paul C. Grow Park ADA Retrofit — overall project scheduled for completion by October 11. b. Lorbeer Middle School — Football Field & Slope Improvements—work in process and on schedule for completion by September 17. C. Batting Cages at Peterson and Pantera Parks — New plans have come back with re -engineered posts (4 inches instead of 8 inches), reduction of pole height from 12 feet to 10 feet. Staff will again be taking the project out to bid anticipating much better pricing. d. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center — revised plans in plan check with Group Delta providing refinements to the plans. CSD/Rose responded to C/Grundy that the allocations for Lorbeer include Pop Warner Football practice, D.B./Walnut soccer, FCI soccer and Diamond Ranch High School practice. After the season is over staff will do some sod renovation. Sod work was completed at Pantera Park. CSD/Rose responded to C/Herndon that the Lorbeer field was engineered for good drainage. CSD/Rose said the batting cages were simply over - engineered; thus, the doubling of the cost. 3. OLD BUSINESS: 3.1 PARK AND FACILITY NAMING POLICY. CSD/Rose presented the subcommittee's report and presented the proposed policy. C/Grundy asked for explanation of Section II A 7. Discussion ensued. C/Grundy felt the policy should not be limited to "deceased" individuals but that it was important to not have that person currently seated to avoid conflict AUGUST 23, 2007 3.2 of interest. PAGE 3 P&R COMMISSION VC/Low suggested a "cooling off" period such as two years. Chair/Owens asked that "Community Services Director" replace Director under the heading B. Responsibility of the Director. C/Herndon asked about evaluation criteria under C.1, and what would happen if no one met the criteria? CSD/Rose responded that the City Council is the final authority and the Commission makes its recommendations accordingly. Appeals can be made to the City Council. Chair/Owens felt an appellate process should be spelled out in the document. VC/Low referred Commissioners to Page 1, Section II A. 2. "An exception can be made for a corporate sponsorship agreement, which has a time limit and is approved by the City Council." CSD/Rose explained that many cities are offering facilities, rooms, amenities, etc. for fees, which is also a good fundraising method. C/Herndon recommended including this type of offering. Chair/Owens asked if Page 3 C. 2 should include "by staff." Chair/Owens pointed out that there is no role for the Commission under Page 3 F. CSD/Rose said this paragraph indicates that neither the Council nor the Commission would be involved. VC/Low wondered if the addition of "individuals or families" as indicated on Page 1, Section II. A. 3 would be appropriate as an addition to A.2 as well and the Commission and staff concurred. C/Grundy moved, C/Herndon seconded, to recommend City Council adopt the documents as amended. Without objection, the motion was so ordered with C/Liang being absent. RESOLUTION RECOMMENDING THAT A FUTURE FACILITY IN DIAMOND BAR BE NAMED TO HONOR BOB ZIRBES. C/Herndon asked how this resolution would fit in with the naming policy. C/Grundy stated that this is just a resolution to name something in the future. At the point the Commission would attempt to name a facility or park it would follow this policy. Chair/Owens moved, VC/Low seconded, that the Commission submit the naming policy to the City Council for review and approval and table the resolution at this time. C/Grundy said he would prefer to submit both the naming policy and the resolution to the City Council. C/Herndon felt the Commission might be opening itself up to criticism by AUGUST 23, 2007 PAGE 4 P&R COMMISSION circumventing the policy and passing this resolution CSD/Rose offered to bring the resolution back at the next meeting. C/Herndon said he preferred to wait until staff brought the resolution back for adoption at the next meeting. VC/Low agreed that the Commission should not appear to be circumventing the process. C/Grundy said he also agreed. The Commission concurred to continue this item to the next Parks and Recreation Commission meeting. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Herndon thanked staff for its good work. VC/Low commented that the Diamond Bar Day at the Fair is an event not to be missed. Diamond Bar officials are treated like royalty and it is a fun event. ADJOURNMENT: On motion by C/Grundy, seconded by C/Herndon and with no further business before the Parks & Recreation Commission, Chair/Owens adjourned the meeting at 8:23 p.m. Respectfully Submitted, BOB ROSE, SECRETARY Attest: TED OWENS, CHAIRMAN CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6. 3 Meeting Date: October 16, 2007 AGENDA REPORT FROM: James DeStefano, City Man TITLE: Ratification of Check Register dat d September 27, 2007 through October 10, 2007 totaling $976,701.16. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $976,701.16 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 27, 2007 through Octoberl0, 2007 for $976,701.16 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: i AOaX,4J�' W Finance ector Assist n City N46nager Attachments: Affidavit and Check Register — 09/27/07 through 10/10/07. 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 27, 2007 through October10, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $705,774.32 Community Organization Support Fd $150.00 Prop A - Transit Fund 44,786.31 Int. Waste Mgt Fund 43,703.48 AB2766 - AQMD Fund 1,456.61 CDBG Fund 2,993.40 COPS Fund 86.09 LLAD #38 Fund 1,737.38 LLAD #39 Fund 1,737.38 LLAD #41 Fund 1,737.41 Capital Improvement Project Fund 172,538.78 $976,701.16 Signed: Linda G. Magnu Finance Director City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 07 -PP 20 PAYROLL TRANSFER P/R TRANSFER-07/PP 20 001 10200 139,800.52 $152,405.52 10/4/2007 77404 PAYROLL TRANSFER P/R TRANSFER-07/PP 20 112 10200 5,931.59 $50.00 10/4/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 20 115 10200 4,098.40 10/4/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 20 118 10200 1,456.61 10/4/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 20 125 10200 1,118.40 9/27/2007 77396 JAARP IMATURE DRIVING CLASS 1 0015350 1 45300 1 10-0ol $10.00 9/27/2007 77397 JADVANCED APPLIED ENGINEERING INC INSTALL -CURB RAMP 1 2505310-1R46420 1 1,770.80 $1,770.80 9/27/2007 77398 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS-JUL 07 0015554 44520 6,960.00 $22,755.12 9/27/2007 77400 ADVANTEC CONSULTING ENGINEERS INC ENGINEERING SVCS -AUG 07 0015554 44520 8,970.40 $11.44 9/27/2007 77404 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING-JUL 07 0015510 44000 1,124.86 $50.00 9/27/2007 ADVANTEC CONSULTING ENGINEERS INC SIGNAL TIMING -AUG 07 0015510 44000 4,904.86 9/27/2007 ADVANTEC CONSULTING ENGINEERS INC TRFFC MGMT SYS-JUUAUG 0015510 44000 795.00 9127/2007 1 77399 JAJAX SIGN GRAPHICS INC. SUPPLIES -NAMEPLATE 1 0014090 1 41200 1 13.96 $13.96 9/27/2007 77400 JAMERICANA ART CHINA CO SUPPLIES -CITY MUG 1 0014090 1 41400 1 11.441 $11.44 9/27/2007 77401 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 596.46 $1,087.90 9/27/2007 77403 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 241.40 $147.00 9/27/2007 77404 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 92.01 $50.00 9/27/2007 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 158.03 9/27/2007 1 77402 JAMERITECH BUSINESS SYSTEMS ICOPIER MAINT-AUG/SEPT 001409042100 42125 1,616.91 $1,616.91 9/27/2007 1 77403 ICHRISTINE ANN ANGELI CONTRACT CLASS -SPRING 0015350 45320 147.00 $147.00 9/27/2007 77404 IVINCENT ASUNCION PK REFUND-SYC CYN PK 001 23002 1 50.001 $50.00 9/27/2007 77405 AT & T PH.SVCS-GENERAL 0014090 42125 28.95 $53.66 9/27/2007 77407 AT & T PH.SVCS-GENERAL 0014090 42125 24.71 9/27/2007 77406 SUSANA BARRERA JPK REFUND -DBC 1001 1 23002 350.00 $350.00 9/27/2007 77407 BELAIRE WEST LANDSCAPE IRETENTION PAYABLE 1 250 1 20300 -8,427.741$75,849.60 Page 1 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9127/2007 77407... IBELAIRE WEST LANDSCAPE ISLOPE IMPRVMT-LORBEER 2505510 R46416 84,277.341 $75,849.60 ... 9/27/2007 77408 BILL'S AUTO UPHOLSTERY EQ MAINT-COMM SVCS 0015310 42200 1 240.001 $240.00 9/27/2007 CDW GOVERNMENT INC. EQ-I.T. 0014070 41300 656.98 9/27/2007 77409 IBUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-I.T. 1 0014070 1 42125 1 415.251 $415.25 9/27/2007 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 72.56 9/27/2007 77410 ICAROLWOOD PRODUCTIONS IGRAPHIC DESIGN-P/INFO 0014095 44000 1,586.00 $1,586.00 9/27/2007 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 387.88 9/27/2007 77411 CATALINA BALLAST BULB COMPANY SUPPLIES -DBC 0015333 41200 35.01 $35.01 9/27/2007 77412 CDW GOVERNMENT INC. COMP MAINT-I.T. 0014070 42205 792.39 $14,123.30 9/27/2007 CDW GOVERNMENT INC. EQ-I.T. 0014070 41300 656.98 9/27/2007 77418 CDW GOVERNMENT INC. SOFTWARE UPGRD-P/INFO 0014095 46235 4,615.59 $1,273.02 9/27/2007 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 72.56 9/27/2007 77419 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 41.44 $224.82 9/27/2007 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 387.88 9/27/2007 CDW GOVERNMENT INC. SUPPLIES-I.T. 0014070 41200 183.77 9/27/2007 CDW GOVERNMENT INC. COMP EQ -HARDWARE P/WKS 2505510 46412 4,579.46 9/27/2007 CDW GOVERNMENT INC. HARDWARE UPGRD-TRANSIT 1125553 46230 407.39 9/27/2007 CDW GOVERNMENT INC. HARDWARE UPGRD-TRANSIT 1125553 46230 1,192.92 9/27/2007 CDW GOVERNMENT INC. HARDWARE UPGRD-TRANSIT 1 1125553 1 46230 1,192.92 9/27/2007 1 77413 ITINA CHANG ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 69.00 $69.00 9/27/2007 77414 CHRISTOPHER MORALES INC RETENTION PAYABLE 250 20300 -5,125.08 $46,125.72 9/27/2007 CHRISTOPHER MORALES INC TRFFC SIGNAL PROJ-G/SPNGS 2505510 R46412 51,250.80 9/27/2007 1 77415 ISANDRA COVARRUBIAS FACILITY REFUND -HERITAGE 1 23002 1 200.001 $200.00 9/27/2007 77416 DAVID EVANS AND ASSOCIATES INC CONSTRCTN SVCS-LORBEER 2505510 R46420 1,800.00 $2,106.34 9/27/2007 JDAVID EVANS AND ASSOCIATES INC DESIGN SVCS-C/SPNGS/57 2505510 R46416 306.34 9/27/2007 1 77417 DAVID R SEILER REIMB-WORK BOOTS 0015340 1 41200 1 188.30 $188.30 9/27/2007 1 77418 DAY & NITE COPY CENTER IPRINT SVCS-NTMP MTG 10015510 42110 1,273.021 $1,273.02 9/27/2007 1 77419 JAMES DESTEFANO REIMB-LEAGUE CONF 0014030 42330 67.921 $224.82 Page 2 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 77419... IJAMES DESTEFANO REIMB-ICSC CONF 0014030 42330 156.90 $22482 •• 9/27/2007 77420 IDENNIS CAROL PROF.SVCS-CC/SS 9/18 0014030 44000 250.00 $250.00 9/27/2007 IFEDEX EXPRESS MAIL -GENERAL 0014090 42120 178.08 9/27/2007 77421 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT SCREENING 0014060 42345 32.001 $32.00 9(27/2007 77422 IDIAMOND BAR COMMUNITY FOUNDATION SPONSOR -HOLIDAY GALA 0014010 42325 850.00 $850.00 9/27/2007 77423 IDIAMOND BAR GOLF COURSE DEPOSIT-V/PATROL RECOG 0014415 42325 1,000.00 $1,000.00 9127/2007 77424 IDIRECT CONNECTION INCORP MAILING SVCS-NTMP NOTICE 0015510 44000 170.001 $170.00 9127/2007 77425 IDIVERSIFIED PARATRANSIT INC SHUTTLES SVCS -CONCERTS 1125350 45310 2,621.45 $2,621.45 9/27/2007 1 77426 JDMS CONSULTANTS CIVIL ENGINEERS INC CONSTRCTN SVCS -GRAND AVE 2505510 R46411 2,100.00 $2,100.00 9/27/2007 77427 IFALCON ASSOCIATES INC AD-MNGMENT ANALYST 0014060 1 42115 150.00 $150.00 9/27/2007 77428 FEDEX EXPRESS MAIL -GENERAL 0014090 42120 138.69 $316.77 9/27/2007 IFEDEX EXPRESS MAIL -GENERAL 0014090 42120 178.08 9/27/2007 1 77429 IDEBY FOLLIN FACILITY REFUND -DBC 0011 23002 500.00 $500.00 9/27/2007 77430 GEOVEC INC GIS CONSULTING SVCS -AUG 0014070 44000 7,680.00 $9,600.00 9/27/2007 GEOVEC INC GIS CONSULTING SVCS -SEPT 0014070 44000 11920.00 9/27/2007 77431 IGO LIVE TECHNOLOGY INC ICONSULTANT SVCS -WK 9/14 0014070 1 R44000 3,300.001 $3,300.00 9/27/2007 77432 JOSE GONZALEZ FACILITY REFUND -DBC 001 23002 8,196.00 $766.00 9/27/2007 JOSE GONZALEZ PROPERTY DAMAGE 001 36615 -34.00 -34.00 9/27/2007 77433 GRAPHICS UNITED PRINT SVCS -FALL REC GUIDE 0014095 44000 8,196.00 $11,262.08 9/27/2007 GRAPHICS UNITED PRINT SVCS-NWSLTTR SEPT 0014095 44000 3,066.08 9/27/2007 77434 HALL & FOREMAN, INC. PROF.SVCS-EN 04-420 001 23012 500.00 $5,655.73 9/27/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 2,563.00 9/27/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 162.00 Page 3 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 77434... HALL & FOREMAN, INC. PROF -SVCS -PLAN CHECK 0015551 45223 86.92 $5,655.73 ... 9/27/2007 77436 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 612.78 $400.00 9/27/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 368.00 9/27/2007 77437 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 329.06 $900.00 9/27/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 360.33 9/27/2007 77438 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 23012 125.00 $1,198.00 9/27/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 34650 -125.00 9/27/2007 77439 HALL & FOREMAN, INC. PROF.SVSC-EN 07-574 001 23012 300.00 $102.00 9/27/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 75.00 9/27/2007 77440 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -75.00 $6,466.25 9/27/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-516 001 23012 373.64 9/27/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-516 001 23012 93.41 9/27/2007 HALL & FOREMAN, INC. JADMIN FEE -EN 06-516 1 001 1 34650 -93.41 9/27/2007 1 77435 HASLER INC IPOSTAGE EQUIP -SVC CNTRCT 1 0014090 1 42200 1 182.901 $182.90 9/27/2007 K&V BLUEPRINT SERVICE INC. SVCS CONTRACT -FY 07/08 0014090 42200 475.00 9/27/2007 1 77436 IRAQUELHERNANDEZ IFACILITY REFUND -DBC 1 001 36615 400.00 $400.00 9/27/2007 1 77437 JINLAND EMPIRE MAGAZINE AD -DBC SEPT 1 0014095 1 42115 1 900.001 $900.00 9/27/2007 1 77438 JINLAND EMPIRE STAGES ISR EXCURSION-AGUA CASINO 1 1125350 1 45310 1 1,198.00 $1,198.00 9/27/2007 1 77439 IJOBS AVAILABLE AD-MNGMNT ANALYST 1 0014060 1 42115 1 102.001 $102.00 9/27/2007 1 77440 IJOHN L HUNTER & ASSOC. INC INSPECTIONS-NPDES 1 1155515 1 R44000 1 6,466.251 $6,466.25 9/27/2007 77441 K&V BLUEPRINT SERVICE INC. SUPPLIES -GENERAL 0014090 42100 103.53 $1,141.32 9/27/2007 K&V BLUEPRINT SERVICE INC. SVCS CONTRACT -FY 07/08 0014090 42200 475.00 9/27/2007 77443 K&V BLUEPRINT SERVICE INC. SUPPLIES -TONERS 0014090 41200 562.79 $1,310.50 9/27/2007 1 77442 IKENS HARDWARE SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 214.071 $214.07 9/27/2007 IKOA CORPORATION ADMIN FEE -EN 07-559 001 23012 151.20 9/27/2007 1 77443 KNOTT'S BERRY FARM IEXCURSION-DAY CAMP 10015350 1 42410 1 1 ,310.501 $1,310.50 9/27/2007 77444 KOA CORPORATION PROF.SVCS-EN 07-559 001 23012 840.00 $1,665.00 9/27/2007 IKOA CORPORATION ADMIN FEE -EN 07-559 001 23012 151.20 Page 4 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 9/27/2007 77444... KOA CORPORATION KOA CORPORATION ADMIN FEE -EN 07-559 CONSULTANT SVCS-JUL/AUG 001 0015554 34650 R44520 -151.20 825.00 $1,665.00... 9/27/2007 77445 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 001 23012 147.79 $4,229.45 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 23012 26.60 9/27/2007 77447 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -26.60 $50.00 9/27/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-552 001 23012 166.50 9/27/2007 77448 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-552 001 23012 29.97 $192.00 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-552 001 34650 -29.97 9/27/2007 77449 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-576 001 23012 1,093.16 $200.00 9/27/2007 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 05-500 001 23012 2,822.00 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-576 001 23012 196.77 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-576 001 34650 -196.77 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 001 23012 507.96 9/27/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-500 1 001 1 34650 -507.96 9/27/2007 1 77446 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 1 0014090 1 42113 1 44.19 $44.19 9/27/2007 JEANETTE A MCKENNA SURVEY-SYC CYN PK 2505310 46415 1,007.00 9/27/2007 1 77447 BERNARD LI FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00 $50.00 9/27/2007 1 77448 ISHERI LIEBE CONTRACT CLASS -SUMMER 1 0015350 1 45320 1 192.00 $192.00 9/27/2007 1 77449 JELIZABETH MARTINEZ IFACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 9/2712007 77450 JEANETTE A MCKENNA SURVEY-SYC CYN PK 2505310 46415 1,006.00 $2,013.00 9/27/2007 JEANETTE A MCKENNA SURVEY-SYC CYN PK 2505310 46415 1,007.00 9/27/2007 1 77451 MERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -BATTERIES 1155515 1 44000 1 264.981 $264.98 9/27/2007 77452 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0014090 42110 52.60 $158.53 9/27/2007 MINUTEMAN PRESS R & D BLUEPRINT PROF.SVCS-EN 05-471 001 23012 105.93 9/27/2007 77453 NORRIS REPKE INC PROF. SVCS -INSPECTIONS 0015510 R45221 630.00 $14,595.00 9/27/2007 NORRIS REPKE INC SLURRY AREA -AUG 07 2505510 R46411 13,965.00 9/27/2007 1 77454 JORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 1 0015350 1 41200 1 445.32 $445.32 Page 5 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 77455 R F DICKSON COMPANY ST SWEEPING SVCS-JUL 0015554 45501 9,323.44 $22,708.72 9/27/2007 77460 R F DICKSON COMPANY ST SWEEPING SVCS -AUG 0015554 45501 9,323.44 $200.00 9/27/2007 R F DICKSON COMPANY DEBRIS DIVERSION SVCS-JUL 1155515 45500 4,061.84 9/27/2007 1 77456 REGIONAL CHAMBER OF COMMERCE COMMUNITY ORG SUPPORT FND 1 0114010 1 42355 1 150.001 $150.00 9/27/2007 77457 REINBERGER PRINTWERKS PRINT SVCS -BUS CARDS 0014095 4400089.85 3,284.32 $220.83 9/27/2007 IREINBERGER PRINTWERKS PRINT SVCS -LABELS 0014090 42110 1 130.98 9/27/2007 77458 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-JUL 0015554 45507 3,284.32 $9,779.82 9/27/2007 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-JUL 0015554 45507 5,745.50 9/27/2007 77460 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-DBB 0015554 45507 750.00 $200.00 9/27/2007 1 77459 RHF INC. EQ MAINT-LASER GUN 1 1264411 1 42200 1 86.09 $86.09 9/27/2007 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 146.14 9/27/2007 1 77460 BOB RICHEY FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.00 $200.00 9/27/2007 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 279.83 9/27/2007 1 77461 S & S WORLDWIDE INC SUPPLIES -RECREATION 1 0015350 1 41200 1 3.23 $3.23 9/27/2007 77462 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 141.81 $1,087.28 9/27/2007 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 146.14 9/27/2007 77468 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 519.50 $22,306.84 9/27/2007 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 41250 279.83 9/27/2007 1 77463 MICHAEL SHARPE FACILITY REFUND -DBC 1 001 1 23002 1 500.00 $500.00 9/27/2007 1 77464 MICHAEL SHARPE FACILITY REFUND -DBC 001 23004 232.30 $1,557.30 9/27/2007 MICHAEL SHARPE FACILITY REFUND -DBC 001 36615 1,325.00 9/27/2007 1 77465 ILANI SHAW MAINT-DBC AUG 1 0015333 1 45300 1 160.001 $160.00 9/27/2007 77466 SAM SHIN FACILITY REFUND -HERITAGE 001 23002 200.00 $195.00 9/27/2007 IDONG DONG SAM SHIN FACILITY REFUND -HERITAGE 001 36615 -5.00 9/27/2007 1 77467 SIGN CONTRACTORS INC DEP-MILITARY BANNERS 1 0015350 1 45300 1 3,152.34 $3,152.34 9/27/2007 1 77468 SIMPSON ADVERTISING INC GRAPHIC DESIGN SVCS -SEPT 0014095 1 44000 1 1,275.00 $22,306.84 Page 6 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 9/27/2007 77469 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL OCT 0014090 1 42140 1 21,810.60 $21,810.60 9/27/2007 77470 9/27/2007 9/27/2007 9/27/2007 9/27/2007 77471 9/27/2007 9/27/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amouni Check Date Check Number 362.82 SIMPSON ADVERTISING INC SIMPSON ADVERTISING INC AD -ENVIRONMENTAL DESIGN/MAIL SVCS-ENVRNMNT 1155515 1155516 42110 42110 10,000.00 11,031.84 $22,306.84 .. 9127/2007 9/27/2007 77468... 9/27/2007 77469 ISO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL OCT 0014090 1 42140 1 21,810.60 $21,810.60 9/27/2007 77470 9/27/2007 9/27/2007 9/27/2007 9/27/2007 77471 9/27/2007 9/27/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 630.44 $3,740.15 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 362.82 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 1,243.00 77473 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFC CONTRL 0015510 42126 1,503.89 $525.36 STANDARD INSURNCE OF OREGON OCT 07 -LIFE INS PREMS 001 21106 1,138.21 $2,726.13 STANDARD INSURNCE OF OREGON OCT 07-SUPP LIFE INS PREM 001 21106 72.00 STANDARD INSURNCE OF OREGON OCT 07-STD/LTD 001 21112 1,515.92 77473 9/27/2007 77472 ISTITCHES UNIFORMS & EMBROIDERY SUPPLIES -COMM SVCS 1 0015310 41200 22.34 $22.34 9/27/2007 77473 TELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS -SEPT 1 0014070 1 44030 525.361 $525.36 9/27/2007 77474 JTERRYBERRY JEMPLY RECOG PMG-H/R 1 0014060 1 42347 365.731 $365.73 9/27/2007 77479 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 42130 44.95 $44.95 THE COMDYN GROUP INC THE COMDYN GROUP INC THE COMDYN GROUP INC THE COMDYN GROUP INC CONSULTANT SVCS -WK 9/14 CONSULTANT SVCS -WK 9/07 CONSULTANT SVCS -WK 8/31 CONSULTANT SVCS -WK 8/24 0014070 0014070 0014070 0014070 44000 44000 44000 44000 2,250.00 750.00 1,476.56 750.00 $5,226.56 9/27/2007 9/27/2007 9/27/2007 9/27/2007 77475 TOSHIBA BUSINESS SOLUTIONS INC ICOPIER MAINT-DBC 0015333 42200 92.76 $92.76 9/27/2007 77481 TRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT THE GAS COMPANY THE GAS COMPANY GAS SVCS -HERITAGE I GAS SVCS -DBC 0015340 0015333 42126 42126 59.13 220.99 $280.12 9/27/2007 9/27!2007 77476 9/27/2007 77477 THE KOREA TIMES INC AD -ELECTION 11/7 0014030 42390 240.00 $240.00 9/27/2007 77478 THE SAN GABRIEL VALLEY NEWSPAPER GR SUBSCRIPTION RENEWAL 0014090 42320 216.00 $216.00 9/27/2007 77479 ITIME WARNER IMODEM SVCS -COUNCIL 0014010 42130 44.95 $44.95 9/27/2007 77480 TOSHIBA BUSINESS SOLUTIONS INC ICOPIER MAINT-DBC 0015333 42200 92.76 $92.76 9/27/2007 77481 TRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT 0015554 42130 145.00 $225.00 Page 7 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 77481... TRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT 0015554 42130 80.00 $225.00 ... 9/27/2007 77482 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 655.34 $1,174.16 9/27/2007 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 34.79 9/27/2007 77485 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 4.11 $50.00 9/27/2007 VERIZON CALIFORNIA PH.SVCS-DIAL IN ACCESS 0014090 42125 68.06 9/27/2007 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 107.76 9/27/2007 VERIZON CALIFORNIA PH.SVCS-DIAL IN MODEM 0014090 42125 69.15 9/27/2007 VERIZON CALIFORNIA PH.SVCS-TELEWORKS 0014090 42125 108.81 9/27/2007 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 36.64 9/27/2007 IVERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 89.50 9/27/2007 77483 VERIZON WIRELESS -LA CELL CHRGS-CMGR 0014030 42125 533.08 $678.67 9/27/2007 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014440 42125 44.65 9/27/2007 77485 VERIZON WIRELESS -LA CELL CHRGS-EOC 0014090 42125 0.08 $50.00 9/27/2007 VERIZON WIRELESS -LA CELL CHRGS-DESFORGES 0014070 42125 50.43 9/27/2007 VERIZON WIRELESS -LA CELL CHRGS-AZIZ 0014070 42125 50.43 9/27/2007 77484 IVISION INTERNET PROVIDERS INC WEB HOSTING SVCS -SEPT 1 0014070 1 44030 1 150.00 $150.00 9/27/2007 WARREN SIECKE TRFFC SNGL-G/S/DBB 2505510 R46412 889.16 9/27/2007 77485 ICONNIE WANG FACILITY REFUND-SYC CYN 1 001 1 23002 1 50.001 $50.00 9/27/2007 77486 WARREN SIECKE TRFFC SIGNAL DESIGN -AUG 2505510 R46412 5,100.00 $8,782.50 9/27/2007 WARREN SIECKE TRFFC SNGL-G/S/DBB 2505510 R46412 889.16 9/27/2007 WARREN SIECKE TRFFC SNGL-B/CYN 2505510 R46412 889.16 9/27/2007 WARREN SIECKE TRFFC SNGL-RACQUET CLUB 2505510 R46412 889.18 9/27/2007 WARREN SIECKE ENGINEERING SVCS -AUG 07 0015551 R45222 772.50 9/27/2007 WARREN SIECKE INSPECTN-D/B/S/BULLET 2505510 R46412 60.62 9/27/2007 WARREN SIECKE INSPECTN-D/B/MT LAUREL 2505510 R46412 60.62 9/27/2007 WARREN SIECKE INSPECTN-D/B/H/VALLEY 2505510 R46412 60.62 9/27/2007 IWARREN SIECKE INSPECTN-D/B/GRAND 2505510 1 R46412 60.64 9/27/2007 1 77487 IWELLS FARGO BANK MTG-DOYLE 1 0014030 1 42325 1 31.121 $31.12 9/27/2007 77488 WELLS FARGO BANK MTG-CMGR 0014030 42325 76.29 $807.60 9/27/2007 WELLS FARGO BANK LEAGUE CONF-CMGR 0014030 42330 704.27 Page 8 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 9/27/2007 77488... WELLS FARGO BANK SUPPLIES-CMGR 0014030 41200 27.04 $807.60... 9/27/2007 1 77489 IPAUL WRIGHT /VV SVCS-P/C,CC MTG 1 0014090 1 44000 1 262.501 $262.50 10/4/2007 ADVANCED INFRASTRUCTURE MGT, INC CONSULTANT SVCS -JUN 07 0014050 1 R44000 1 14,232.50 9/27/2007 1 77490 1HELEN WU FACILITY REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 10/4/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -870.13 9/27/2007 1 77491 JANNE YANG FACILITY REFUND -DBC 1 001 1 23002 1 350.001 $350.00 10/4/2007 77492 ADVANCED INFRASTRUCTURE MGT, INC CONSULTANT SVCS -AUG 07 0014050 R44000 2,452.00 $16,684.50 10/4/2007 ADVANCED INFRASTRUCTURE MGT, INC CONSULTANT SVCS -JUN 07 0014050 1 R44000 1 14,232.50 10/4/2007 77493 ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 9.07 $107.41 10/4/2007 ALBERTSONS SUPPLIES -RECREATION 0015350 41200 14.97 10/4/2007 77495 ALBERTSONS SUPPLIES -COMM SVCS 0015350 41200 83.37 $49.42 10/4/2007 1 77494 IMAEVE ANDERSON RECREATION REFUND 1 001 1 34730 1 51.001 $51.00 10/4/2007 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 12.76 10/4/2007 1 77495 IAT & T PH.SVCS-GENERAL 1 0014090 1 42125 1 49.421 $49.42 10/4/2007 77496 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 12.76 $38.28 10/4/2007 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 12.76 10/4/2007 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 12.76 10/4/2007 77497 BEAR STATE AIR CONDITIONING SVCS IN MAINT-PANTERA PK 0015340 42210 85.00 $240.00 10/4/2007 BEAR STATE AIR CONDITIONING SVCS IN MAINT-HERITAGE PK 0015340 1 42210 155.00 10/4/2007 1 77498 BENESYST 10/5/07-P/R DEDUCTIONS 1 001 721105 1 335.761 $335.76 10/4/2007 77499 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 23010 1,131.58 $11,120.66 10/4/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 001 34430 -1,131.58 10/4/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 23010 870.13 10/4/2007 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 001 34430 -870.13 10/4/2007 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 4,834.08 10/4/2007 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 6,286.58 10/4/2007 1 77500 IBURGER CONTINENTAL FOOD -SR OCT FEST 1 0015350 1 45300 1 1,071.67 $1,071.67 Page 9 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 10/4/2007 77501 CAROLWOOD PRODUCTIONS CAROLWOOD PRODUCTIONS GRAPHIC DESIGN-P/INFO GRAPHIC DESIGN-P/INFO 0014095 0014095 44000 44000 201.00 373.00 $574.00 10/4/2007 1 77502 JADRIAN CASTRO IRECREATION REFUND 001 1 34780 1 215.00 $215.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-PLAN CHECK 0015220 45000 180.00 10/4/2007 1 77503 IJERRY CHANG RECREATION REFUND 1 001 1 34780 1 180.001 $180.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-245 001 23010 90.00 10/4/2007 1 77504 ISHARON CHANG IFACILITY RENTAL -DBC 1 001 1 23002 1 400.001 $400.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-156 001 23010 90.00 10/4/2007 1 77505 ICRYSTIN COLINA RECREATION REFUND 1 001 34780 1 125.00 $125.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-250 001 23010 90.00 10/4/2007 1 77506 1COLLINS & ASSOCIATES SUPPLIES -COMM SVCS 1 0015350 1 41200 1 702.841 $702.84 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-249 001 23010 90.00 10/4/2007 77507 IPATRICIA CONTRERAS IRECREATION REFUND 1 001 34780 1 50.00 $50.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-151 001 23010 90.00 10/4/2007 77508 JDALLAS CRUMPTON IRECREATION REFUND 1 001 1 34730 1 51.001 $51.00 10/4/2007 77509 JELVIS CRUZ IRECREATION REFUND 1 001 1 34780 1 95.001 $95.00 10/4/2007 77510 CSI SURVEILLANCE SYSTEMS INC CAMERA MAINT-DBC 1 0015333 1 42210 285.00 $285.00 10/4/2007 77511 ICUMMINS ALLISON CORP JANNL MAINT-CK PERFORADOR 1 0014090 1 42200 1 381.57 $381.57 10/4/2007 77514 D & J MUNICIPAL SERVICES INC PROF. SVCS -2007-281 001 23010 5,220.00 $41,650.70 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-PLAN CHECK 0015220 45000 180.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-260 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-245 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2006-234 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-156 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-136 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-250 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-249 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-249 001 23010 90.00 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-131 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-151 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-103 001 23010 90.00 Page 10 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 77514... D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-103 001 23010 90.00 $41,650.70 ... 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-103 001 23010 90.00 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-103 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-102 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2004-82 001 23010 90.00 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2000-46 001 23010 90.00 1 0/412 00 7 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2002-55 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 207-281 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-277 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-255 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-275 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-274 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-273 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-272 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-270 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-271 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-269 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-267 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-268 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-266 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-265 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-170 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-246 001 23010 90.00 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-259 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-256 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-254 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2005-150 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-253 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-251 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -AUG 07 0015220 45000 31,030.70 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-247 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-245 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-244 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-243 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-243 001 23010 90.00 Page 11 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 77514... D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-278 001 23010 90.00 $41,650.70 ... 10/4/2007 77517 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-276 001 23010 90.00 $2,353.43 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-264 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-261 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-258 001 23010 90.00 1 0/412 00 7 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-252 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-263 001 23010 90.00 10/412007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-282 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-279 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-280 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-248 001 23010 90.00 10/4/2007 D & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-262 001 23010 90.00 10/4/2007 ID & J MUNICIPAL SERVICES INC PROF.SVCS-FPL 2007-255 001 23010 90.00 10/4/2007 77515 DAY & NITE COPY CENTER PRINT SVCS-P/WORKS 0015510 4211089.95 322.641 $461.68 10/4/2007 DAY & NITE COPY CENTER PRINT SVCS -RECREATION 0015350 42110 371.73 10/4/2007 1 77516 IDELTA CARE USA JOCT 07 -DENTAL PREMIUMS 1 001 1 21104 1 322.641 $322.64 10/4/2007 IDENNIS CAROL PROF.SVCS-T&T MTG 0015510 44000 1 250.00 10/4/2007 1 77517 DELTA DENTAL OCT 07 -DENTAL PREMIUMS 1 001 1 21104 1 2,353.431 $2,353.43 10/4/2007 77518 DENNIS CAROL PROF.SVCS-T&T MTG 0015510 44000 150.00 $400.00 10/4/2007 IDENNIS CAROL PROF.SVCS-T&T MTG 0015510 44000 1 250.00 10/4/2007 77519 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 160.18 $305.09 10/4/2007 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0015310 42200 60.95 10/4/2007 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 83.96 10/4/2007 77520 DIAMOND BAR PETTY CASH FILING FEE -PK GRANT 0015310 44000 25.00 $298.63 10/4/2007 DIAMOND BAR PETTY CASH SUPPLIES -DAY CAMP 0015350 41200 82.19 10/4/2007 DIAMOND BAR PETTY CASH MTG-P/WORKS 0015510 42325 12.60 10/4/2007 DIAMOND BAR PETTY CASH MTG-CMGR 0014010 42330 11.01 10/4/2007 DIAMOND BAR PETTY CASH MTG-COMM DEV 0015210 42325 21.00 10/4/2007 DIAMOND BAR PETTY CASH TRNG-COMM DEV 0015210 42340 14.00 10/4/2007 DIAMOND BAR PETTY CASH SUPPLIES -RECYCLING 1155516 41200 20.00 10/4/2007 DIAMOND BAR PETTY CASH MTG-P/WORKS 0015510 42325 12.60 Page 12 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 77520... DIAMOND BAR PETTY CASH MTG SUPPLIES-CMGR 0014010 42325 15.73 $298.63 ... 10/4/2007 77522 DIAMOND BAR PETTY CASH MTG-I.T. 0014070 42325 8.00 $31,379.04 10/4/2007 DIAMOND BAR PETTY CASH CONF-COMM SVCS 0015310 42325 6.00 10/4/2007 77523 DIAMOND BAR PETTY CASH CSCG MTG-P/WORKS 0015210 42325 9.00 $900.00 10/4/2007 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 20.00 10/4/2007 77524 DIAMOND BAR PETTY CASH MTG SUPPLIES-P/WORKS 0015510 42325 3.50 $420.77 10/4/2007 DIAMOND BAR PETTY CASH PK-P/WORKS 1155515 42330 18.00 10/4/2007 1 IDIAMOND BAR PETTY CASH SUPPLIES-P/WORKS 1155516 41200 20.00 10/4/2007 77521 IDIANA CHO & ASSOCIATES CONSULTANT SVCS-CDBG 1255215 44000 1 1,875.001 $1,875.00 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-70 001 23010 16.25 10/4/2007 77522 IDIVERSIFIED PARATRANSIT INC IDIAMOND RIDE -AUG 07 1125553 45529 1 31,379.04 $31,379.04 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 39.00 10/4/2007 1 77523 DUNN'S FENCE COMPANY MAINT-PANTERA PARK 0015340 42210 1 900.001 $900.00 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-170 001 23010 32.50 10/4/2007 77524 JESRI INC ICOMP SOFTWARE-MAINT 0014070 42205 420.771 $420.77 10/4/2007 77525 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-253 001 23010 32.50 $201.50 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-70 001 23010 16.25 10/4/2007 77527 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-261 001 23010 32.50 $60.00 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 39.00 10/4/2007 77528 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-255 001 23010 16.25 $100.00 10/4/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-170 001 23010 32.50 10/4/2007 1EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-276 001 23010 32.50 10/4/2007 1 77526 IFEDEX EXPRESS MAIL -GENERAL 1 0014090 42120 1 85.67 $85.67 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 R44000 825.33 10/4/2007 77527 IJOSE FLORES RECREATION REFUND 1 001 1 34780 1 60.00 $60.00 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 R44000 465.83 10/4/2007 77528 IFRANCHISE TAX BOARD SLRY ATTCHMT-10/5/07 001 1 21114 1 100.001 $100.00 10/4/2007 77529 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 R44000 825.33 $5,212.17 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 R44000 825.33 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 41 1415541 R44000 825.34 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 R44000 465.83 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 R44000 465.83 Page 13 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 77529... GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 41 1415541 R44000 465.84 $5,212.17 .._ 10/4/2007 77534 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 R44000 446.22 $2,160.00 10/4/2007 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 R44000 446.22 10/4/2007 77542 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 41 1415541 R44000 446.23 $40.05 10/4/2007 1 WILLIAM GIEBE ICONTRACT CLASS -SUMMER 1 0015350 1 45320 1 672.001 $672.00 10/4/2007 77531 GRAND MOBIL VEH MAINT-NGHBRHD IMP 0015230 42200 109.62 $331.71 10/4/2007 AND MOBIL IVEH MAINT-COMM SVCS 0015310 1 42200 1 222.09 10/4/2007 77532 1��MC MEMBERSHIP DUES -D DOYLE 0014030 42315 150.00 $225.00 10/4/2007 MC MEMBERSHIP DUES-CRIBBINS 0014030 1 42315 75.00 10/4/2007 77533 JINLAND EMPIRE STAGES EXCURSION -TRANSPORT 1125350 45310 863.001 $863.00 10/4/2007 JDC INC RETROFIT -PAUL GROW PK 0015340 R46415 12,825.00 10/4/2007 77534 JINLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -SEPT 07 0015350 1 45300 1 2,160.001 $2,160.00 10/4/2007 77535 JJDC INC RETENTION PAYABLE —T-2505310 250 20300 1,282.50 $11,542.50 10/4/2007 JDC INC RETROFIT -PAUL GROW PK 0015340 R46415 12,825.00 10/4/2007 1 77536 ILA COUNTY FAIR EXCURSION -RECREATION 0015350 1 45310 1 1,470.00 $1,470.00 10/4/2007 77537 LA HABRA FENCE CO INC SUPPLIES -PARKS 0015340 42210 581.85 $712.12 10/4/2007 LA HABRA FENCE CO INC SUPPLIES -PARKS 0015340 42210 23.49 10/4/2007 77541 LA HABRA FENCE CO INC SUPPLIES -PARKS 0015340 42210 106.78 $1,282.00 10/4/2007 77538 PAULINE LADRIDO FACILITY REFUND -DBC 001 23002 433.85 $358.85 10/ IPAULINE LADRIDO FACILITY RENTAL -DBC 001 36615 -75.00 10/4/2007 77539 LANTERMAN DEV CENTER/COMM INDUSTRIE ILANTERMAN PARKWAY MAINT-JUL 07 0015558 45503 1,982.76 $3,965.52 10/4/2007 DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-AUG 07 0015558 1 45503 1 1,982.76 10/4/2007 1 77540 IHANNA LEE RECREATION REFUND 001 34780 1 60.00 $60.00 10/4/2007 1 77541 LEIGHTON & ASSOCIATES, INC. IGEOTECH SVCS-LORBEER 2505510 1 46416 1,282.00 $1,282.00 10/4/2007 77542 ILEWIS ENGRAVING INC. JENGRAVING SVCS -BADGES 0014060 1 42345 1 40.051 $40.05 Page 14 Check Date ICheck City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Vendor Name I Transaction Description IFund/ Dept I Acct # I Amount I Total Check Amount 10/4/2007 77543 LOWE'S BUSINESS ACCOUNT SUPPLIES -GENERAL 0014090 1 41200 1 305.97 $305.97 10/4/2007 77555 MCE CORPORATION RIGHT-OF-WAY MAINT-JUL 07 0015554 45522 4,928.76 $4,137.32 10/4/2007 77544 IMANAGED HEALTH NETWORK JOCT 07 -EAP PREMIUMS 001 1 21115 1 144.56 $144.56 10/4/2007 77545 MCE CORPORATION VEGETATION CONTRL-AUG 0015558 45508 6,542.52 $40,101.21 10/4/2007 77555 MCE CORPORATION RIGHT-OF-WAY MAINT-JUL 07 0015554 45522 4,928.76 $4,137.32 10/4/2007 77552 MCE CORPORATION RIGHT-OF-WAY MAINT-AUG 0015554 45522 4,997.75 $50.00 10/4/2007 MCE CORPORATION ROAD MAINT-AUG 07 0015554 45502 8,310.24 10/4/2007 MCE CORPORATION ROAD MAINT-JUL 07 0015554 45502 9,584.56 10/412007 MCE CORPORATION SIGNS & STRIPING -AUG 0015554 45506 3,651.06 10/4/2007 IMCE CORPORATION SIGNS & STRIPING -AUG 0015554 45506 2,086.32 10/4/2007 1 77546 IMIG INC CONSTRCTN-P GROW PK 1 2505310 1 R46415 1 1,292.501 $1,292.50 10/4/2007 77547 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 102.30 $190.52 10/4/2007 77555 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS-P/WORKS 0015510 42110 1 88.22 $4,137.32 10/4/2007 77548 IMOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES -DBC 1 0015333 1 41200 1 8.001 $8.00 10/4/2007 77549 KARA NOMURA FACILITY REFUND -DBC 001 23002 400.00 $516.15 10/4/2007 77555 KARA NOMURAFACILITY REFUND -DBC 001 23004 116.15 $4,137.32 10/4/2007 77550 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 9/23 0015310 44000 158.88 $665.31 10/4/2007 77555 JOLYMPIC STAFFING SERVICES TEMP SVCS -WK 9/23 0015310 44000 1 1 506.43 $4,137.32 10/4/2007 77551 PAETEC COMMUNICATIONS INC. ILONG DIST SVCS-SEPT/OCT 1 0014090 1 42125 1 800.391 $800.39 10/4/2007 77555 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,855.30 $4,137.32 10/4/2007 77552 JANDREW PALACIO JPK REFUND-REAGAN PK 001 1 23002 1 50.00 $50.00 10/4/2007 77553 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 13,801.62 $22,701.56 10/4/2007 77555 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,855.30 $4,137.32 10/4/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 44.64 10/4/2007 77554 IPRISM CONSTRUCTION INC JENG DESIGN SVCS -P GROW PK 1 2505310 1 46415 1 1,240.08 $1,240.08 10/4/2007 77555 IQUICK CRETE PRODUCTS CORP IRECYCLE CANS-SYC CYN PK 1155516 1 R46250 1 4,137.321 $4,137.32 Page 15 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount 10/4/2007 77556 IR F DICKSON COMPANY ST SWEEPING SVCS-AUG/SEPT 0015554 1 45501 9,323.44 $12,908.29 10/4/2007 R F DICKSON COMPANY IDEBRIS COMPOSTING -AUG 1155515 1 45500 3,584.85 10/4/2007 77557 REPUBLIC ELECTRIC C/WIDE TRAFFIC MAINT-AUG 0015554 45507 3,284.32 $9,836.06 10/4/2007 REPUBLIC ELECTRIC C/WIDE TRAFFIC MAINT-AUG 0015554 1 45507 6,551.74 10/4/2007 1 77558 ISARA SOMOGYI IPER DIEM -CPRS CONF 10015350 1 44100 1 280.001 $280.00 10/412007 SO CAL SANITATION IEQ LEASE -P GROW PK 2505310 46415 1 1 661.78 10/4/2007 77559 ISASAKI TRANSPORTATION SVCS. ITRFFC ENG SVCS-GND/LEMON 0015510 1 R44000 20,386.001 $20,386.00 10/4/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 525.77 10/4/2007 77560 IKENIA SEONG RECREATION REFUND 001 1 34780 10.00 $10.00 10/4/2007 77561 JANDREW SERRANO IRECREATION REFUND 001 1 34780 30.001 $30.00 10/4/2007 77562 IWANDA SHIMAZU PK REFUND -PETERSON 001 1 23002 50.00 $50.00 10/4/2007 77563 ISMART & FINAL SUPPLIES- SR BINGO 1 0015350 1 41200 1 132.881 $132.88 10/4/2007 77564 SO CAL SANITATION EQ LEASE-SUMMITRIDGE PK 0015340 42130 547.64 $1,209.42 10/412007 SO CAL SANITATION IEQ LEASE -P GROW PK 2505310 46415 1 1 661.78 10/4/2007 77565 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 209.91 $973.68 10/4/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 126.05 10/4/2007 77567 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 111.95 $292.28 10/4/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 525.77 10/4/2007 77566 ISTATE DISBURSEMENT UNIT ISILRY ATTCHMT-BY0426064 001 121114 1 100.00 $100.00 10/4/2007 77567 STITCHES UNIFORMS & EMBROIDERY SUPPLIES -ROAD MAINT 1 0015554 1 41250 1 292.28 $292.28 10/4/2007 77568 ITERMINIX MAINT-P GROW PK 1 0015340 1 42210 1 105.001 $105.00 10/4/2007 77569 ITHE SAN GABRIEL VALLEY NEWSPAPER GR AD -NOTICE OF NOMINEES 1 0014030 1 42115 1 69.74 $69.74 10/4/2007 77570 ITHE STORRS GROUP PROF.SVCS-GRS SYS 0014070 1 44000 1 4,000.00 $4,000.00 Page 16 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 10/412007 77571 TIME WARNER TIME WARNER MODEM SVCS -COUNCIL INTERNET SVCS -HERITAGE 0014010 0015340 42130 42126 44.95 37.55 $82.50 10/4/2007 77572 US BANK AN EQ-P/INFO 0014095 41200 387.13 $3,649.40 10/4/2007 US BANK MTG SUPPLIES-CNCL MTG 0014090 42325 92.89 10/4/2007 US BANK SUPPLIES-P/INFO 0014095 41200 255.94 10/4/2007 US BANK PRINT SVCS-P/INFO 0014095 42112 1.49 10/4/2007 US BANK EQ MAINT-COMM SVCS 0015350 42200 308.90 10/4/2007 US BANK SUPPLIES-C/HALL 0014090 41200 113.64 10/4/2007 US BANK EQ MAINT-ROAD MAINT 0015554 42200 199.95 10/4/2007 US BANK UNIFORMS -ROAD MAINT 0015554 41250 462.06 10/4/2007 US BANK SUPPLIES-I.T. 0014070 41200 320.33 10/4/2007 IVALLEY US BANK PUBLICATIONS-I.T. 0014070 42320 45.00 10/4/2007 US BANK SCACEO CONF-COMM DEV 0015230 42340 670.00 10/4/2007 US BANK CONF-G GUBMAN 0015210 42330 107.91 10/4/2007 US BANK MTG SUPPLIES -COMM DEV 0015210 42325 42.96 10/4/2007 US BANK SUPPLIES -COMM SVCS 0015350 41200 113.60 10/4/2007 1 JUS BANK T.V.-C/HALL 0014090 41300 527.60 10/4/2007 77573 VALLEY CREST LANDSCAPE MAINT INC LNDSCP MAINT-DBC AUG 0015333 45300 51428.33 $42,794.53 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC LNDSCP MAINT-PARK AUG 0015340 45300 23,657.80 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA 0015340 42210 552.70 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN PK 0015340 42210 829.32 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-P GROW PK 0015340 42210 1,356.24 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-REAGAN PK 0015340 42210 384.53 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-SYC CYN PK 0015340 42210 404.53 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-P GROW PK 0015340 42210 1,161.93 10/4/2007 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 0015340 42210 463.37 10/4/2007 1 IVALLEY CREST LANDSCAPE MAINT INC JADDL MAINT-LORBEER SCH 0015340 42210 8,555.78 10/4/2007 1 77574 IVANTAGEPOINT TRNSFR AGNTS-303248 10/5/07-P/R DEDUCTIONS 001 1 21108 1 27,702.171 $27,702.17 10/4/2007 77575 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 242.89 $761.03 10/4/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 89.75 10/4/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 70.39 Page 17 City of Diamond Bar - Check Register 09/27/07 thru 10/10/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/4/2007 77575... VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 89.50 $761.03 ... 10/4/2007 77577 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL 0015340 42125 89.50 $43.21 10/4/2007 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 89.50 10/4/2007 1 WIT #027 IVERIZON CALIFORNIA PH.SVCS-REAGAN PK 0015340 42125 89.50 $67,673.13 10/4/2007 1 77576 IVISION SERVICE PLAN OCT 07 -VISION PREMIUMS 001 121107 1 1,214.40 $1,214.40 10/4/2007 IWELLS FARGO BANK MEMO CREDIT -COUNCIL 0014010 42330 1-54.27 10/4/2007 1 77577 IWELLS FARGO BANK MTG-COUNCIL 0014010 1 42325 1 43.211 $43.21 10/4/2007 77578 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 1 613.33 $559.06 10/4/2007 IWELLS FARGO BANK MEMO CREDIT -COUNCIL 0014010 42330 1-54.27 10/4/2007 1 77579 WEST COAST MEDIA AD -FALL FUN FESTIVAL OCT 1 0014095 1 42115 1 525.00 $525.00 10/4/2007 1 77580 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 1 0015554 1 41300 1 100.671$100.67 9/27/2007 1 WIT #027 UNION BANK OF CALIFORNIA, NA DBC LEASE PMT -SEPT 0014090 1 42140 1 67,673.13 $67,673.13 9/27/2007 1 W/T 0030 JUNION BANK OF CALIFORNIA, NA LEASE PYMT-OCT 07 1 0014090 1 42140 1 59,427.051 $59,427.05 $976,701.16 Page 18 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma ag TITLE: FY 07-08 Personnel Summary and udget Adjustment RECOMMENDATION: Approve. Agenda # _ 6.4 Meeting Date: October 16, 2007 AGENDA REPORT BACKGROUND/DISCUSSION: Currently there are two classifications assigned within the City's Analyst series — Senior Management Analyst and Management Analyst. These positions are utilized and assigned within a specific department and manage key programs, administrative assignments and special projects, which require the ability to conduct complex and significant analyses. Although these key classifications provide valuable analytical support, their functions are limited since they are assigned within a specific department and not utilized Citywide. As the City remains commitment to furthering staff development and succession planning, broadening the scope of assignments would allow the incumbents to enhance and increase their level of experience, training and abilities. Departments currently lacking analytical level support would be able to utilize the expertise and assistance as needed which in turn would grow the experience level of the incumbent. A common practice within municipal agencies is to utilize Analyst level positions citywide and have the position(s) report to a single source, which is usually the City Manager's Office. This reporting structure ensures consistency of supervision and provides an extra resource level citywide. The City Manager's Office presently utilizes the classification of Senior Management Analyst to provide analytical support to the Assistant City Manager and City Manager. However, in moving towards a pool of supervised professional Analytical support staff, the Senior Management Analyst assigned in the City Manager's Office would be changed to the classification of Assistant to the City Manager. The Analyst series would then report to the Assistant to the City Manager which fills the supervisorial gap and provides additional professional managerial support within the City Manager's Office. The classification of Assistant to the City Manager exists in the City's approved Compensation Plan (identifying employee salary and benefits), but has not been actively utilized for several years. This change results in a nominal increase to the FY 07-08 Budget. FINANCIAL IMPACT: The proposed change of the Senior Management Analyst classification budgeted in the City Manager's Office to the classification of Assistant to the City Manager will result in an increase of $10,250 in the FY 07-08 Budget for the remainder of the fiscal year. The cost of this change is approximately $17,550 per year. vPR,EPARED BY: Vicki Cross, Human Resources Manager REVIEWED BY: David Doyle, Assistant City Manager Li&a Magnus n, finance Director CITY COUNCIL Agenda # 6.5 Meeting Date: October 16, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man TITLE: APPROVE CONTRACT AMEND ENT NO. 1 WITH LOCAL AGENCY ENGINEERING (LAE) ASSOCIATES, INC. IN THE AMOUNT OF $45,840 FOR AS -NEEDED ENGINEERING SERVICES. RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2007-2008, an amount of $50,000 is available in the Public Works Department Budget for as -needed engineering services. BACKGROUND/DISCUSSION: Local Agency Engineering (LAE) Associates Inc. has been providing services to the City since April 2007 and for two (2) years prior to that date under the name of Municipal Engineering Resources (MER). These services included assistance with transportation funding efforts and serving as the City's liaison for regional projects including the SR -60 Lemon Avenue On/Off Ramp. LAE Inc. will supplement the Public Works Department by providing assistance with acquisition and maintenance of local, state, and federal transportation funding while continuing to serve as a liaison for the SR -60 Lemon Avenue On/Off Ramp Project. Services shall be rendered on an on-call basis in accordance with LAE's proposal and fee schedule dated October 10, 2007. PREPARED BY: Rick Yee, Senior Engineer REVIEWED BY: David G. Liu, Director of Public Works Attachments: Amendment No. 1 Date Prepared: October 10, 2007 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the Agreement is made and entered into this 16th day October, 2007, between the CITY OF DIAMOND BAR, a Municipal Corporation (herinafter referred to as "CITY") and LOCAL AGENCY ENGINEERING (LAE) ASSOCIATES, INC. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide professional engineering services, which the Agreement was dated April 3, 2007. (ii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide professional engineering services. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated October 10, 2007, for professional engineering services. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Amendment shall not exceed ($45,840.00) dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: Tommye A. Cribbins, City Clerk DATE: CONSULTANT: LOCAL AGENCY ENGINEERING, INC. Fred Alamolhoda, P.E. CITY OF DIAMOND BAR James DeStefano, City Manager Agenda # _ 6.6 Meeting Date: October 16, 2007 CITY COUNCIL " I N AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: James DeStefano, City Man g TITLE: APPROPRIATE $125,100 OF THE GENERAL FUND BALANCE RESERVE (RESTRICTED FROM THE PREVIOUS SALE OF PROPOSITION A FUNDS) TO THE FISCAL YEAR 2006/2007 PUBLIC WORKS BUDGET FOR THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY AND APPROVE CONTRACT AMENDMENT WITH SASAKI TRANSPORTATION SERVICES IN THE AMOUNT OF $125,100 FOR PROFESSIONAL SERVICES RELATED TO THE STATE ROUTE 57/60 FREEWAY CONGESTION RELIEF STRATEGY RECOMMENDATION: Appropriate and Approve Contract Amendment. FINANCIAL IMPACT: The General Fund Reserve Balance will be reduced by $125,100 to fund professional engineering services related to the State Route 57/60 Freeway Congestion Relief Strategy. BACKGROUND/DISCUSSION: In March 2007, the engineering services of Sasaki Transportation and their subconsultant, Fehr & Peers, were retained to provide technical support in evaluating two regionally significant interchange projects (Lemon Avenue/SR-60 and the Grand Avenue Interchange Improvements) along with the development of conceptual alternatives for the ultimate SR -57/60 solution. Project alternatives and traffic study reports have been developed for the aforementioned projects, but their scope does not adequately address regional traffic concerns nor the specific issues of concern to the City of Diamond Bar. The transportation simulation modeling services provided by Sasaki Transportation and Fehr & Peers will enable a comprehensive analysis of traffic operations on both the freeway and our arterial roadways. This effort goes beyond the methodology in the existing traffic study reports that are point specific and do not consider the operational issues of bottlenecks, multiple hours of congestion, and complex weaving conditions. To date, the team of Sasaki Transportation and Fehr & Peers have completed a transportation simulation model that models system wide performance of both the freeway and the major arterials in Diamond Bar. The model has been developed and a multitude of alternatives for the Grand Avenue Interchange Improvements have been tested to determine impacts to arterial roadways in Diamond Bar. A series of technical meetings have also occurred with City of Industry's consultant team to coordinate traffic data and discuss the traffic operations benefits among the various alternatives. The simulation modeling has led to several refinements with the proposed Grand Avenue Interchange concept that will result in improved traffic operations and better protection of land use and access needs within Diamond Bar. In regards to the "big -fix" alternatives for the 57/60 Interchange Improvements, the team has reviewed and evaluated the recently circulated MTA feasibility study report which identified ten (10) alternatives for the "big -fix" solution. The team provided guidance to the City in the recommendation of three (3) conceptual "big -fix" alternatives for the 57/60 Interchange Improvements for further MTA analysis/study. The attached scope of work includes services to be provided through the remainder of the 2007/2008 Fiscal Year. These services include technical assistance and transportation simulation modeling to aid the City in selecting a preferred Grand Avenue Interchange alternative and evaluating alternatives for the ultimate SR 57/60 solution. Services will also include assisting the City in developing a public outreach program and development of a preliminary plan to fund and phase the freeway -related improvements. For Fiscal Year 2008/2009, it is anticipated that a future request will be made of the Council to retain the engineering services for remaining analyses needed to evaluate these regional projects as they continue to develop. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: October 10, 2007 REVIEWED BY: David Liu Director of Public Works Attachment: Contract Amendment to Sasaki Transportation Services Agreement 2 AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 2 is made and entered between the the CITY OF DIAMOND BAR, a referred to as "CITY") and Sasaki Transportation "CONSULTANT'). A. RECITALS: into this 16th day of October 2007, Municipal Corporation (hereinafter Services (hereinafter referred to as (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services related to the State Route 57/60 Congestion Relief Strategy. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated October 10, 2007, for the engineering services related to the State Route 57/60 Congestion Relief Strategy. follows: Section 2: Section 3 of the Agreement is hereby amended to read as Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed ($125,100.00) dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the clay and year first set forth above: APPROVED AS TO FORM: CONSULTANT: STEVEN S. SASAKI 0 City Attorney ATTEST: CITY OF DIAMOND BAR Steve S. Sasaki, P.E. Tommye Cribbins, City Clerk James DeStefano, City Manager Agenda # 6.7 Meeting Date: October 16. 2007 o TO: Honorable Mayor and Members, of the City Council VIA: James DeStefano, City Man g TITLE: AMENDMENT NO. 3 TO CONS LTING SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES (EIS), TO INCREASE THE CONTRACT AMOUNT BY $18,370 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $146,365 FOR ADDITIONAL WORK REQUIRED TO COMPLETE THE ENVIRONMENTAL IMPACT REPORT FOR SOUTH POINTE WEST PROJECT, JCC HOMES. RECOMMENDATION: Approve. FISCAL IMPACT: The developer has deposited the fees to cover the additional cost ($18,370) for completing the environmental process for the proposed project. BACKGROUND: In March 2005, the City entered into a contract agreement with Environmental Impact Sciences (EIS) for $99,905 to prepare an Environmental Impact Report (EIR) for a 99 unit residential development proposed by JCC Homes. The contract amount was reduced to $85,605 (amendment no. 1) because EIS did not have to prepare the air and noise studies. On October 3, 2006, City Council approved an increase of $42,390 to the contract amount for a total contract amount of $127,995. The increase in the contract amount was due to EIS completing the additional tasks of reviewing several revisions of technical studies (air, noise, and traffic) and three screen checks of Draft EIR. Between January and March of 2007, the traffic impact analysis (TIA) report was updated and revised, which required EIS to prepare an addendum to the EIR, and revise the Reponses to Comments, the Mitigation Monitoring Program and the Facts of Findings and Statement of Overriding Considerations. The EIR was certified and the project was approved by the City Council in April 2007. The consultant has submitted an invoice of $18,370 to cover the additional work, which brings the total contract amount to $146,365. Staff recommends approval of the contract amendment. The contract with EIS will close once the invoice is paid. PreparA by: Nancy Fc Commun Attachment: Reviewed by: CP David Doyle tel ent Director Assistant City Manager 1. Letter from EIS and summary of completed additional tasks 2. Amendment No. 3 to Consulting Services Agreement 2 AMENDMENT NO. 3 TO THE CITY'S CONSULTING SERVICES AGREEMENT WITH ENVIRONMENTAL IMPACT SCIENCES This Amendment No. 3 to the City's Consulting Services Agreement is made and entered) into this 16th day of October. 2007, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Environmental Impact Sciences (hereinafter referred to as "Consultant".) A. Recitals: (i) The City has heretofore entered into an agreement, dated March 15, 2005, with Consultant to provide consulting services for the preparation of an Environmental Impact Repot and related services for the proposed South Pointe West residential development (hereinafter referred to as the "Agreement".) (ii) Consultant has submitted a revised scope of work and proposed fees for the project, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide additional services at a cost not to exceed EIGHTEEN THOUSAND THREE HUNDRED SEVENTY DOLLARS ($18,370.00.) Oiii) It is in the City's best interest to extend the Agreement in order to ensure consistency and continuity of the services already being provided by Consultant. NOW THEREFORE, it is agreed by and between City and Consultant: Section 1: Paragraph No. 3 of the Agreement is hereby amended to read as follows: ":3. Compensation. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Consulting Services Agreement plus the revised Cost Estimate dated August 20, 2007, Exhibit "A" hereto, but in no event to exceed ONE HUNDRED FORTY SIX THOUSAND THREE HUNDRED SIXTY FIVE DOLLARS ($146.365.00) which fees include all labor, materials, printing and other costs incurred in connection with the project." Section 2: Each party to this Amendment No. 3 acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment No. 3 shall be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. A Section 3: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: Consultant: City of Diamond Bar Environmental Impact Sciences Peter Lewandowski, Principal Steve Tye, Mayor Approved As To Form: Attest: CITY COUNCIL Agenda # 6.8 Meeting Date: October 16, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: REPORT ON PROP A TRANSIT SUBSIDY PROGRAM AND DIAL -A -CAB PROGRAM AND AMENDMENT OF THE FISCAL YEAR 2006-2007 PROP A TRANSIT FUND BUDGET TO INCREASE ESTIMATED REVENUE $199,500 AND INCREASE APPROPRIATIONS $185,000. Recommendation: Approve. Background/Discussion: The City receives Proposition A Transit Funds which are funded by a portion of the '/2 cent sales tax measure which was passed by Los Angeles County voters in 1980. Prop A Funds are to be used exclusively to benefit public transportation. Many years ago, when the City faced the ever increasing amount of unused Prop A Funds, the City Council considered implementing several transit programs. The result was the implementation of the popular Dial -A -Cab (Diamond Ride) program and the Transit Subsidy program. The Diamond Ride is a program where residents who are seniors, age 60 and over or disabled may obtain rides at a substantially discounted rate. The Transit Subsidy Program offers transit passes for Foothill Transit, Metrolink, and MTA at a discounted rate for residents. These discounts are 20% for residents and 50% for seniors/disabled residents. Both programs have been very successful. During FY06-07, the Diamond Ride program continued in its popularity. The program provided 1028 trips per month on average to the senior and handicapped residents of the City. This is an increase in trips from the previous year's average of 990 trips per month. Although the cost for FY06-07 was much higher than anticipated, the costs for this program have fluctuated up and down through the years from a low of $233,783 in FY97-98 to a high of $356,584 in FY00- 01. The average cost over the past ten years has been $288,160 per year. With the rising costs of fuel and senior's limited income, it is anticipated that this program will continue to grow. As mentioned earlier, the Transit Subsidy program is a program where the City sells passes to the residents at a discounted rate. The program subsidizes the cost of bus and train passes. The City offers these passes through online and over the counter sales. As a result the program has a revenue component as well as the expenditure component. This program has shown a constant increase since inception. Page 2 — Transit Report The chart below shows the increase in use for the past ten years: As can be seen from the chart, the increase in fuel prices and traffic congestion have made this a very successful program with the residents of the City of Diamond Bar. During the past two years the use of the program has increased 20%. The net cost of the program for FY06- 07 was $198,902.55 which represents a subsidy on nearly 9,500 transit passes purchased during the year. Financial Impact: To more closely reflect the actual revenues and expenditures received and expended in FY06-07 in the Prop A Transit Fund the following amendments to the budget are requested: With the extreme popularity of these services provided to the residents of the City of Diamond Bar it is apparent that these programs will continue to grow. City staff will keep a vigilant eye on these programs make sure that the uses of City funds won't out pace the budget projections in the future. Current Budget Amendment Adj Budget Actuals Revenues: Transportation Tax - Prop A 927,500.00 32,200.00 959,700.00 959,675.65 Transit Subsidy Fare Revenue 650,000.00 136,300.00 786,300.00 786,298.18 Investment Earnings 22,000.00 31,000.00 53,000.00 52,991.03 $1,599,500.00 $199,500.00 $1,799,000.00 $1,798,964.86 Appropriations: Dial -A -Cab Services 300,000.00 49,500.00 349,500.00 349,361.92 Transit Subsidy - Subsidy 200,000.00 22,200.00 222,200.00 222,198.98 Transit Subsidy - Fares 650,000.00 113,300.00 763,300.00 763,001.75 $1,150,000.00 $185,000.00 $1,335,000.00 $1,334,562.65 Net Increase in Reserves $14,500.00 With the extreme popularity of these services provided to the residents of the City of Diamond Bar it is apparent that these programs will continue to grow. City staff will keep a vigilant eye on these programs make sure that the uses of City funds won't out pace the budget projections in the future. Page 3 — Transit Report Prepared by: Linda Magnuson, Finance Director Reviewed Iby: , Linda G. Mlag u'on David Doyle Finance Director Assistant City Manager Attachment III DIAMOND RIDE DIAL -A -CAB STATUS REPORT For Fiscal Year 2005-2006 Month TO Rider Seniors Disabled other- Companion Shared Ride Weekday Rider Weekend Rider Ttl Trip In City Rider Out of City Rider Net Avg Mile Cost per per Trip Trip Net Cost per Rider Net Monthly Cost July 06 1,655 1,308 326 21 1 219 1,360 1,506 1,306 1,462 ---- 1,178 295 216 255 268 225 1,376 1,412 1,279 1,442 1,189 771 837 723 805 637 890 885 838 925 766 8.4 8.3 8.1 8.2 8 3 $22.75 $22.71 $22.34 $22.33 $22.93 $18.91 $31,303.91 Aug 06 1,722 1,323 377 22 264 18 261 $18.62 $32,067.14 Sept 06 1,561 1,234 Oct 06 1,730 1,348 309 $18.30 $28,570.96 362 20 275 !, $18.61 $32,195.13 *Nov 06 1,403 1,128 97 252 196 23 9 154 $19.43 � $27,258.44 763 1,261 239 217 856 - 1,291 341 - 68.6 661 - - 792 j r_ 8.0 $25.15 $22.27 $21.48 $21,526.12 *DC7 n0 1,478` 1224 245 9 , 9 � 147 160 $19.45 $19.43 $28,748.06 _- $27,537.62 Feb 07 Mar 07 ' 1,417. ', 1,144 ..264 I 1,174 � 1,427 1,293 _ 1,314 1,327 15;371 1,281 243 268 235 210 222 2,893 241 1,240 I 1,466_ 1,328 130 ,5 1,308 15,492 1,291 678 _ 851 _- 707 _ 757 799' 8,592 781 739 8.0 850 7.9 821 8.0 771 8.2 750 8.0 --- - 9,688 99 813 8.2 $22.21 I $21.97 $22.16 $22.54 $22.25 - - 272 $22.63 1,695 � '. 1,357 328 0 233 I 16 174 i $1.9.00 + $19.26 $32,206.02 $29,425.55 Apr A r 07 1,528 1,226 286 May 07 1,524 1,264 248 42 � 186 $1 3 $29,420.60 June 07 - - Total 1,549 1, 302 226 3,419 - 202 21 190 2,408 $18.79 231 - $29,102.37 $349,361.92 - 18,264 14,655 Average 1,522 1,221 265 16 201 $19.22 $29,113.49 * Month of April only available from 5/1-5/15 * Month of May/June stats not available yet. *Month of November, December and January does not includeHoliday Ride (exc for 2006/2007 fiscal year e DRide ideiamond Ride]Status 06/07 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK 112 FROM: /Z -'L- G c f� ;? i C-c� / DATE: 0 ADDRESS: �`� '% �1�'l'yyu��o" C�7; G 7��%J /�' HONE /�<o / -� 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. i' D TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL `1`•O� AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: la,,` I expect to address the Council on the subject agenda item. Please have the C name and address as written above. Council Minutes reflect m y x SigOAture ` TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COU IL CITY CLERK DATE: AGENDA #/SUBJECT: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above.