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12/04/2007
w �I City Council Agend,7 Dh1PI011D B I� .- Tuesday, December 4, 2007 5:15 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor Pro Tem Jack Tanaka Council Member Wen Chang Council Member Ron Everett Council Member Carol Herrera City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. the City of Diamond Bar uses recycled paper and encourages you to do the same. 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 December 4, 2007 Next Resolution No. 2007-65 Next Ordinance No. 10(2007) STUDY SESSION: 5:15 p.m., Room CC -8 IN. WiFi Project — Status Report and Discussioon Public Comments CALL TO ORDER: 6:30 p.m. INVOCATION: Darlene Jones, Outreach Pastor, Diamond Canyon Christian Church PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Council Members Chang, Everett, Herrera, Mayor Pro Tem Tanaka, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 11.1 Presentation of City Tile to Parikh Mehta & Associates 22632 Golden Spgs. Dr., Suite 110, as Business of the Month for December, 2007. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: POST ELECTION PROCEDURES 2.1 Adopt Resolution No. 2007 -XX: Reciting the Fact of the General Municipal Election held on November 6, 2007, Declaring the Result and Such other Matters as Provided by Law. Recommended Action: Adopt. December 4, 2007 PAGE 2 Requested by: City Manager 2.2 Administration of Oath of Office to Council Member Elect Carol Herrera and Jack Tanaka. 3. CITY COUNCIL REORGANIZATION 3.1 Selection of Mayor 3.2 Selection of Mayor Pro Tem 3.3 Presentation to Outgoing Mayor Steve Tye RecesslReception Reconvene 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. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Winter Snow Fest — December 8, 2007 — 10:00 a.m. to 4:00 p.m., Pantera Park, 738 Pantera Dr. 5.2 Candy Cane Craft Fair — December 8, 2007 — 9:00 a.m. to 2:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.3 Planning Commission Meeting - December 11, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 City Council Meeting — December 18, 2007 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. December 4, 2007 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of November 20, 2007 — Approve as submitted. (b) Regular Meeting of November 20, 2007 — Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of October 25, 2007 - Receive and file. E3.3 Ratification of Check Register — Ratification of Check Register dated November 15, 2007 through November 28, 2007 totaling $1, 265,980.26. Requested by: Finance Department 6.4 Approval of Treasurer's Statement of October 2007 and Revised Treasurer's Statements of June, July, August and September 2007. Recommended Action: Approve. Requested by: Finance Department. 6.5 Second Reading of Ordinance No. 08(2007) Approving Zone Change No. 2006-01 and Planned Development Overlay Which Changes the Existing Zoning From Neighborhood Commercial (C-1) to High Density Residential -Planned Development (RH-PD) for Property Located at 23671 Golden Springs Dr. (APN No. 8281-028-030). Recommended Action: Approve for Second Reading, Waive Full Reading and Adopt. Requested by: Planning Department 6.6 Second Reading of Ordinance No. 09(2007) 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 License Program. Recommended Action: Approve for Second Reading, Waive Full Reading and Adopt. Requested by: Planning Department 7. PUBLIC HEARINGS: None December 4, 2007 PAGE 4 8. COUNCIL CONSIDERATION: 8.1 Authorize the City Manager to Contract with the Regional Chamber of Commerce of the San Gabriel Valley for Business Development and Retention Services ($12,000). Recommended Action: Approve. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY: CALL TO ORDER: Vice Chairman Chang ROLL CALL: Agency Members Everett, Herrera, Tanaka, Tye, VC/Chang 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Agency Members 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 Agency Secretary completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Redevelopment Agency. REDEVELOPMENT AGENCY REORGANIZATION a. Selection of Chair b. Selection of Vice Chair 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 17, 2007 — Approve as submitted. 3.2 Approval of Treasurer's Statement — April 1, 2007 through October 31, 2007. Recommended Action: Approve. Requested by: Finance Department December 4, 2007 PAGE 5 4. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING RECESS TO PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair Herrera ROLL CALL: Agency Members, Chang, Everett, Tanaka, VC/Tye, C/Herrera 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Authority Members values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Financing Agency. PUBLIC FINANCE AUTHORITY REORGANIZATION a. Selection of Chair b. Selection of Vice Chair 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 17, 2007 — Approve as submitted. 3.2 Approval of Treasurer's Statement — April 1, 2007 through October 31, 2007. Recommended Action: Approve. Requested by: Finance Department 5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN PUBLIC FINANCING AUTHORITY MEETING December 4, 2007 PAGE 6 RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: This evening's meeting will be adjourned in memory of Elizabeth Miller. Agenda No. 2..1 Agenda # Meeting Date: 12-4-07 CI`T'Y COUNCIL - ---- AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma e TITLE: Adoption of Resolution No. 2007- X Declaring the Results of the November 6, 2007 General Municipal Election RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2007 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2007, AND DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. FINANCIAL IMPACT: None BACKGROUND: The City conducted its General Municipal Election for two City Council vacancies on November 6, 2007_ With the exception of nomination of candidates, all aspects of the election were administered by the Los Angeles County Registrar- Recorder/County Clerk on behalf of the City. The Registrar -Recorder certified the results of the election on November 26, 2007, which indicates that, Jack Tanaka and Carol Herrera were duly re-elected for four-year terms. Adoption of the Resolution will ratify the results Registrair-Recorder/County Clerk on the City's election process and allow for the newly -elected of Office and begin their four-year term. P EPARE (D/ BY: Tommye Cribbins, City Clerk Attachments: Resolution No. 2007 -XX certified by the Los Angeles County behalf. Further, it will complete the Council Members to receive the Oath Reviewed NA'i�-t David Doy Manager RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2007 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Diamond Bar, California, on Tuesday, November 6, 2007, as required by law; and WHEREAS, Notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of votes cast in the precincts except absent voter ballots was 3,789. That the whole number of absent voter ballots cast in the City was 2,921, making a total of 6,712 votes cast in the City. SECTION 2. That the name of persons voted for at the election for Member of the City Council are as follows: JACK TANAKA FRAN PEREZ CAROL HERRERA BEATRICE GROSSMAN MANGAL GULSHAN SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does declare and determine that Jack Tanaka was elected as a Member of the City Council for the full term of four years; Carol Herrera was elected as a Member of the City Council for the full term of four years. SECTION 5. That the City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) the names of the persons voted for; (3) The number of votes given at each precinct to each person; and, (4) The total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 4th day of December, 2007. Steve Tye, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 4th day of December, 2007, by the following Roll Call Vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: A13SENT: COUNCIL MEMBERS: A13STAINED:COUNCIL MEMBERS: rommye Cribbins, City Clerk I, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq, of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(s) in the At the Consolidated Elections, held on the 6th day of November, 2007. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached,, shows the total number of ballots cast in said jurisdiction, and the whole number of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 26th day of November, 2007. x ���GORDE�COG"`ti Stu m GZ O�2 CON B. McCORMACK Registrar-Recorder/County Clerk County of Los Angeles Exhibit "A" COUNTY OF LOS ANGELES CONSOLIDATED ELECTIONS NOVEMBER 6, 2007 PAGE 26.2 DIAMOND BAR CITY GEN MUNI COUNCILMEMBER JACK TANAKA IFRAN FINAL OFFICIAL PEREZ STATEMENT OF VOTES CAST CAROL HERRERA B B GROSSMAN MANGAL GULSHAN REGISTRA- BALLOTS CITY/PREC TION CAST DIAMOND.BAR- 17800$5A 17$0 204 151 AVlVBM 174 129 &B 7$ 69 i8 10 'TOTAL© DIAMOND BAR 1780091A 1780 2318 378 280 165 S6 12552 34 37 AV/VBM 0 316 202 103 124 47 41 TOTAL 2318 298 614 210 412 64 167 143 35 13 DIAMONt] BAR: 1780094A 1325 150 120 49 257 83 54 AV/VBM 0 98 '70 28 a4 21 20 TOTAL :: t35 248 150 75 39 93 16 37 12 < PRECINCT TOTAL VOTE 27629 3789 2705 1141 32: 1488 474 571 ABSENTEE TOTAL VOTE 0 2921 2086 745< 1250 477 bECLAFi:ED AV .TOTAL V07E 0 2 2gg 0 0 0 1 0..' GRAND TOTAL VOTE 27629 5712 4791 1886 2738 902 810 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 20, 2007 Agenda No. 6.1(a) L�nAf7 STUDY SESSION: M/Tye called the Study Session to order at 5:03 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Everett, Herrera, MPT/Tanaka and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Ryan McLean, Asst. to CM; Rick Yee, Senior Engineer; Ken Desforges, IS Director; Kimberly Molina, Associate Engineer and Tommye Cribbins, City Clerk. City Attorney Michael Jenkins arrived at 5:23 p.m. ► CITY COUNCIL GOALS AND OBJECTIVES UPDATE — DISCUSSION AND ACTION CM/DeStefano gave a brief report on the City Council's Goals and Objectives stating that C/Everett had requested that the Council should revisit the General Plan Mission Statement in relation to the Goals and Objectives and C/Herrera's request to discuss the economic development goal related to the pursuit of a dynamic center at the D.B. Golf Course. 1) Golf Course: C/Herrera stated that she wanted to continue the pursuit of creating a high quality and dynamic center; however, felt that any reference to develop the golf course be deleted". She further stated that she wanted to continue working with Supervisor Knabe to locate a regional library within the City but delete reference of "as part of the redevelopment of the golf course." C/Everett asked if there was anything going on with respect to the library and the golf course? C/Herrera said the City was not considering developing the golf course. She further stated that Supervisor Knabe has set aside $10 million for a regional library at Schubarum Park. She suggested that Supervisor Knabe combine the $10 million with the City's money and locate it somewhere within the City. C/Everett said "somewhere" was important to him and it could be other than the golf course so in his opinion, it makes sense to go with C/Herrera's suggestion. NOVEMBER 20, 2007 PAGE 2 CC STUDY SESSION C/Chang asked if C/Herrera was saying the golf course should never be considered as a location for a dynamic center. C/Herrera responded that the reality is that the Council does not control it. C/Chang agreed with C/Herrera to keep the dynamic center as a goal but did not agree with excluding the golf course as a potential location option. M/Tye said that for those who spoke against locating a center at the golf course had also indicated that the Council was getting rid of the golf course. In fact, the City is not getting rid of the golf course, what the City was going to do was relocate the golf course. Most individuals in opposition are actually opposed to development and not concerned about whether the golf course is relocated and otherwise utilized. He wanted the opportunity to someday create a center that people in other cities would want to visit. He did not disagree with striking the verbiage "at the D.B. Golf Course" as long as it was understood that the golf course was a tool that should not be thrown out of the mix based on comments during the election season. C/Chang said he agreed with M/Tye that for the short and long term, all options should remain open including the golf course. MPT/Tanaka felt there were a large number of residents who did not favor any development. M/Tye said he agreed with C/Chang that there were many moving parts in this issue such as what is the City of Industry going to do and what will Caltrans do in reconfiguring the freeway? C/Everett said he did not agree and reminded the Council that the General Plan Vision Statement included: "promotion of viable commercial activity. The City will play a proactive role in business and economic development." He felt that the City must expand that palate as realistically and as aggressively as possible to fit the Vision Statement. He felt very comfortable with the proposed wording. MPT/Tanaka said that many believed it was time to slow progress and maintain. C/Chang said he believed that if the City did not pursue economic development someone may take over, property values will decrease and many individuals will move away from the City. D.B. has a shortage of land and funding sources and the City has to be very creative. NOVEMBER 20, 2007 PAGE 3 CC STUDY SESSION PUBLIC COMMENTS: Gil Yanow pointed out that the Vision Statement also refers to maintaining "country living". Ted Meyer said he realized that the way Transamerica developed the City everyone might have to make compromises. He did not want to be viewed as an obstructionist if he has a disagreement about how the City should proceed. He believed it was a little disingenuous to believe that the hullabaloo created by this issue and other issues did not have an affect on decisions being made tonight. He suggested that the Council be more open about discussing the City's growth and create an atmosphere for residents to be comfortable in speaking. Lu Zheng said he was not opposed to development but wanted to make sure that it was reasonable and would not be destructive to the City. He believed most residents chose D.B. for its "country living." He too believed there had not been enough discourse with the residents. D.B. is unique and should not be developed like other cities. Fran Perez said that people do not want the golf course developed. She felt that many people would move out of the City if there was more commercial development. John Warren wondered if according to the survey the majority of those responding wanted to build or keep the City like it is. Jim Anderson said he was concerned about the lack of communication with the residents. RESPONSE TO PUBLIC COMMENT: M/Tye responded to Mr. Anderson that during his first year on the Council he made an effort to be in different places around D.B. to speak with residents; however, he may have spoken to a total of three residents. He would like to make sure that Mr. Anderson understood that the Council makes every effort to include the community in all dialogue. It is a two-way street and he would like to hear from Mr. Anderson or anyone else on how the Council might be any more available than it has been. Council has witnessed that all too often small groups listen to only what they want to hear and only consider their own very clear agenda. As he has spoken with different people he has learned that that kind of action does not foster a meaningful dialogue. C/Everett said he asked for reference to the Vision Statement because he needed to consider a balance of all six elements. CM/DeStefano responding to Mr. Meyer's question explained the City Council's public meeting agenda and protocol. M/Tye recommended that Mr. Meyer be placed on the mailing list to receive City Council meeting agendas. NOVEMBER 20, 2007 PAGE 4 CC STUDY SESSION M/Tye made it clear that regardless of what anyone believes the City never had control over the golf course. There was dialogue about the possibility of relocating the golf course with a state-of-the-art golf course which would allow for other uses of the current site. C/Herrera moved, C/Everett seconded to eliminate the phrase under bullet point #2 "at the D.B. Golf Course" and #3 "as part of the redevelopment of the golf course." Without objection, the motion was so ordered. No. WIFI PRESENTATION — Continued. ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:10 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2007. Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 20, 2007 CLOSED SESSION: None E)IR A F T STUDY SESSION: ► City Council Goals and Objectives Update - Discussion and Action ► WiFi Presentation — continued. Public Comments: Study Session adjourned to the regular meeting at 6:10 p,m. CALL TO ORDER: Mayor Tye called the regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano reported that during tonight's Study Session Council received a written status report on the City Council Goals and Objectives and concluded with action to modify two goals within the Council's 27 goals outlined for this year: Bullet #2 — eliminate the phrase "at the D.B. Golf Course" and Bullet #3 eliminate the phrase "as part of the redevelopment of the golf course." By this action, the Council has taken development of the golf course off its goals and the City is no longer pursuing that goal. The second item, WiFi Presentation was continued to a future study session. PLEDGE OF ALLEGIANCE: INVOCATION: Church, gave the invocation. ROLL CALL: Tem Tanaka and Mayor Tye. Fred Encinas led the Pledge of Allegiance. Monsignor James Loughnane, St. Denis Catholic Council Members Chang, Everett, Herrera, Mayor Pro Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Greg Gubman, Planning Manager; Ken Desforges, IS Director; Ryan McLean, Asst. to City Manager; Marsha Roa, Public Information Manager; Rick Yee, Senior Engineer; David Alvarez, Planning Technician; Ann Lungu, Associate Planner; Dennis Tarango, Building Official, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera presented a City Tile to former Planning Commissioner Osman Wei. NOVEMBER 20, 2007 PAGE 2 CITY COUNCIL 2 3 4 1.2 M/Tye presented Certificates of Recognition to Los Angeles County Fire Stations 119, 120 and 121 honoring their participation during the recent firestorms. Chief Nieto introduced Captain Moore, Station 119; Captain Green, Station 120 and Captain Cleveland, Station 121. The Diamond Bar High School Leo's Club President Anantha Singarajah; Freddie Peng; Sergeant -of -Arms and Katherine Liu, Director of Activities presented to each of the Fire Stations oxygen masks used for animals. NEW BUSINESS OF THE MONTH: 1.3 M/Tye stated that Kmart, 249 S. Diamond Bar Blvd. was selected as Business of the Month for November 2007; however, due to circumstances, no one was able to attend. CITY MANAGER REPORTS AND RECOMMENDATIONS: C:M/DeStefano announced that a major SCAQMD auditorium renovation could affect the live broadcast of the December 18, 2007 City Council meeting. PUBLIC COMMENTS: Daryl Bowler congratulated MPT/Tanaka and C/Herrera on the occasion of their re- election to the City Council. He asked the City to consider creating a Municipal Code that would not tread on first amendment rights but would prevent negative election signs from being posted throughout the City as had been done this during this election. He suggested that perhaps the City could require all campaign signs to display the organization of origination. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Thanksgiving Holiday — City Offices closed Thursday, November 22 and Friday, November 23, 2007 in observance of the Thanksgiving Holiday; City offices reopen on Monday, November 26, 2007, 5.2 Planning Commission Meeting — November 27, 2007 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — December 4, 2007 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Dr. 5.4 Walnut Valley Water District Town Hall Meeting "Statewide Drought and its Impact on Local Water Supplies" — December 5, 2007 — 7:00 p.m. in the AQMD/Government Center Auditorium, 21865 Copley Dr. NOVEMBER 20, 2007 PAGE 3 CITY COUNCIL _5 Winter Snow Fest — December 8, 2007 — 10:00 a.m. to 4:00 p.m., Pantera Park, 738 Pantera Dr. 5.6 Candy Cane Craft Fair — December 8, 2007 — 9:00 a.m. to 2:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: C/Chang moved, C/Everett 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 - Regular Meeting of November 6, 2007 — as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 — Regular Meeting of October 9, 2007 — Received and filed. 6.2.2 — Regular Meeting of October 23, 2007 — Received and filed. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES —October 11, 2007 — Received and filed. 6.4 RATIFIED CHECK REGISTER—dated November 1, 2007 to November 14, 2007 totaling $951,292.83. 6.5 ADOPTED RESOLUTION NO. 2007-60: DESIGNATING THE COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH (DPH), ENVIRONMENTAL HEALTH DIVISION, SOLID WASTE MANAGEMENT PROGRAM (SWMP), AS THE LOCAL ENFORCEMENT AGENCY (LEA) RESPONSIBLE FOR THE CITY'S SOLID WASTE MANAGEMENT PROGRAM. 6.6 ADOPTED RESOLUTION NO. 2007-61: APPROVING THE YOUTH EMPLOYMENT PLAN FOR AT -RISK YOUTH IN THE CITY OF DIAMOND BAR AS REQUIRED BY PROPOSITION A: SAFE PARKS ACT TO SECURE $233,975.50 IN FUNDING FROM THE REGIONAL PARK AND OPEN SPACE DISTRICT THROUGH THE 2018/2019 FY TO IMPLEMENT THIS PLAN. 6.7 SECOND READING OF ORDINANCE NO. 07(2007) AMENDING TITLE 15 OF DIAMOND BAR MUNICIPAL CODE ADOPTING BY REFERENCE THE "CALIFORNIA BUILDING CODE," 2007 EDITION, VOLUMES 1 AND 2, INCLUDING ALL APPENDICES THERETO APPENDIX CHAPTER 1 OF THE 2007 CALIFORNIA BUILDING CODE AS THE ADMINISTRATION CODE; THE "CALIFORNIA MECHANICAL CODE" 2007 EDITION AND THE NOVEMBER 20, 2007 PAGE 4 CITY COUNCIL APPENDICES THERETO; THE "CALIFORNIA PLUMBING CODE" 2007 EDITION AND THE APPENDICES THERETO; THE "CALIFORNIA ELECTRICAL CODE," 2007 EDITION AND THE APPENDICES THERETO; THE "UNIFORM HOUSING CODE," 1997 EDITION AND THE APPENDICES THERETO, AND THE "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," 2000 EDITION, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. 6.8 APPROVED APPROPRIATION OF $30,000 FROM THE TRAFFIC IMPROVEMENT FUND TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET AND APPROVED CONTRACT AMENDMENT WITH KATZ, OKITSU & ASSOCIATES (KOA) FOR LANDSCAPE DESIGN AND ENGINEERING SURVEY SERVICES RELATED TO THE DEVELOPMENT OF TRAFFIC CALMING MEASURES ALONG SUNSET CROSSING ROAD BETWEEN DIAMOND BAR BOULEVARD AND PROSPECTORS ROAD AND ON PROSPECTORS ROAD BETWEEN SUNSET CROSSING ROAD AND GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $26,660 PLUS A CONTINGENCY OF $3,340. 7. PUBLIC HEARINGS: 7.1 APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 2007-09, DEVELOPMENT REVIEW 2007-22 AND VARIANCE 2007-05; A REQUEST TO INSTALL AND OPERATE A TELECOMMUNICATIONS FACILITY AT RONALD REAGAN PARK AT 2201 PEACEFUL HILLS ROAD — (APN: 8765-015-900). PM/Gubman gave the staff's report stating that the cell site proposed by Sprint -Nextel earlier this year consists of a 40 -ft. tall artificial tree to support panel antennas and construction of an unmanned 200 sq. ft. 12 ft. high equipment building designed to match the existing park structure. He displayed an aerial photo of the proposed project location. October 9, 2007 after three public hearings the Planning Commission denied Sprints request finding that the applicant failed to demonstrate that co -locating the facility with other cell sites operated by other wireless carriers would not be feasible given the fact that other wireless providers are apparently able to provide coverage in the area of the proposed site. The applicant filed an appeal that was received by the City on October 15, 2007. The appeal provides the applicant's argument contending the findings to deny the request are in error citing testimony entered into the record during the three Planning Commission hearings. PM/Gubman continued that during public hearings, several issues were raised by members of the public including perceived health risks associated with radio frequency emissions that emanate from cellular antennas; reduction in useable park areas and potential affects on property values. Documented in staff's report and in the public hearing meeting minutes, NOVEMBER 20, 2007 PAGE 5 CITY COUNCIL concerns about radio frequencies radiation cannot be considered when making a land use decision on a wireless telecommunications facility. The FCC established safety thresholds for radio frequency emissions and because the FCC has that local authority, local agencies are pre-empted from considering that as a determination for approving a cell site. In response to the neighborhood concerns about reductions in useable parkland area, Sprint proposed to relocate the antenna from the flat area to the park a few feet into the slope area so that the site would not encroach into the useable area of the park; oral testimony was presented at the September Planning Commission meeting wherein the applicant offered to eliminate the access road from the existing parking lot to the equipment building; and, with respect to property values, the applicant presented a study that found cellular sites had no negative affects on property values. The applicant further contends that the question of a cell site's impact on property values is speculative and not appropriate to a land use decision. Staff's report contains several letters and petitions from neighboring residents opposed to the proposed cell site. In addition, two letters received after the preparation of the staff report were emailed to all City Council Members. Among the letters was a detailed letter from Valerie Geddes who supports the Planning Commission's denial and provides arguments to support the belief that the Planning Commission was not compelled to approve this project for the reasons outlined in the Planning Commission's Resolution. In response, CA/Jenkins has provided an analysis of the legal arguments presented in the article. In addition, staff forwarded to the City Council a response analysis from Sprint's attorney. Ed Gala, Sprint Nextel, a wireless consultant, said he has been involved with installation of approximately 500 cell sites over the past 10 years. The biggest issue with the Planning Commission was that the applicant failed to identify alternative locations for this facility. In fact, Sprint Nextel identified six different areas that the applicant considered for this site: 1) 21400 Pathfinder Rd. (D.B.H.S.) rejected by the RF Engineer due to distance and blockage by the intervening hills; 2) 23008 Pathfinder Rd. at the SR57 off ramp bell tower site — rejected because the site would not cover over the hill leading up to Ronald Regan Park; 3) 3333 Brea Canyon Rd. at Diamond Bar Blvd. — rejected because it was too close to another Sprint site and blocked by intervening hills; 4) Diamond Canyon Church — blocked by intervening hills. The applicant was then asked to consider the Verizon site 5) Brea Canyon Cutoff and Colima Rd. — the hills blocked coverage; and 6) the water tank site — did not provide the coverage. The goal for this search ring is to cover Pathfinder Rd. from Ronald Reagan Park down to the Brea Canyon Cutoff and the residential areas on either side of the canyon area. With regard to co -location; co -location is always Sprint's first option because of a willing landlord, reduced construction costs and City authorization of the site for use. If Sprint could have co -located it would have. However, all of the sites available did not provide coverage of Pathfinder Rd. down to the Brea Canyon Cutoff. Part of the argument during the hearings was that Verizon could provide coverage of Ronald Reagan Park. Sprint also covers the park, NOVEMBER 20, 2007 PAGE 6 CITY COUNCIL which is not the issue. The issue is Pathfinder Rd. down to the Brea Canyon Cutoff and the residential areas on either side. Verizon and Sprint both cover the park but not down the roadways. He referred the Council to www.cellsitereceiDtion.com, a clearinghouse for wireless coverage complaints. Yesterday, the first window he opened contained a message from a Verizon customer that indicated that the customer had no reception at the intersection of Pathfinder Rd. and Brea Canyon Cutoff. The second window he opened indicated another Verizon customer had no coverage at Diamond Canyon Community at Brea Canyon Cutoff and Diamond Canyon Rd. He asked that copies of the narratives be added to the public record along with other complaints about other coverage providers that indicate there are coverage constraints endemic to D.B., which makes coverage very difficult. Mr. Gala concluded that basically, the only site that would provide coverage on Pathfinder Rd. down to the Brea Canyon Cutoff is Ronald Reagan Park. In fact, the only area in the park that would provide the coverage is essentially the proposed site to the west toward the residences. Other areas of the park would not provide the coverage. Sprint Nextel chose the site furthest from the residences that would also provide coverage down the hill. Other areas in the park would not work. The City's wireless ordinance presents a number of criteria with regard to cell sites, which he felt Sprint Nextel had met. 1) Environmental integration, screening and size, 2) impacts to the park space (relocated the monoelm from flat usable area into the slope area), 3) driveway (Sprint was willing to forego the driveway). The driveway was proposed by the City's Parks Department; residential proximity — according to code this monoelm would be allowed to be placed 54 ft. away from the residences. Sprint Nextel's site is over 200 ft. from the nearest residence; 4) access and 5) location — the ordinance reads: "location of the proposed facility and the extent to which it conforms to the following order of preference co -located with an existing facility or located at a pre -approved location (Ronald Reagan Park is a pre -approved location). In addition, the monoelm has been designed for co -location of one additional carrier. Mr. Gala concluded that it is the opinion of Sprint Nextel that this project is in conformance with all of the City's standards with regard to wireless installations. John Flynn, Attorney for Sprint Nextel, said he was present to support the appeal and asked the Council to reverse the Planning Commission's decision. He said he remembered a time when cell phones were almost a novelty and now 30% of 911 calls are now placed from cell phones. In times of disaster and public emergency cell phones play an important roll and these devices are essential to public need and safety. He understood that public pressure was being placed on the City Council but he did not believe, given the record and all of the work put into satisfying the concerns of the City Council, staff and Planning Commission with respect to this site that there was substantial evidence to support a denial. He also believed that a denial would violate the law. He asked the City Council to reconsider the NOVEMBER 20, 2007 PAGE 7 CITY COUNCIL Planning Commission's decision and grant the application M/Tye opened the Public Hearing, Vijay Bhuta, 20793 E. Rim Ln., felt that the most important site was the water tower site and did not believe that the site would not work for the applicant. His community is very concerned that a cell site will reduce the property values and he and his neighbors do not want their children playing so close to this tower. He agreed with Sprint that this is an important issue but Sprint has not looked at the site (water tower) where they would probably get better coverage. Also, giving this beautiful site away for $18,000 (less than $1 per square foot) is not good for the City. The applicant says that Ronald Reagan Park is a pre -approved location when all parks in the City are pre -approved locations. Ronald Reagan Park is one of the smallest parks in the City and the City would be giving up valuable parkland. He asked the City Council to uphold the Planning Commission's denial. Mike Yang, 20878 Quail Run Dr., lives approximately 100 yards from the (Ronald Reagan) park. EMF is a valid concern even though the FCC disallows that argument. The park is a safe haven for him and he takes his daughter there every day. If the City takes the park away from the residents it will be a great loss. He said he uses Verizon and has no problem with service on Pathfinder Rd. Grace Trudresser said she lives about 100 yards from the park driveway. She knows there are health risks involved that people are saying are inconclusive. However, she and her neighbors live in the area and whether it is a true health risk or not there is a perceived health risk and who knows down the road if it does prove to be a health risk. Most towers she has seen are in commercial areas and she does not understand why this site has to be in a neighborhood where she and her neighbors live. She would prefer not to see a commercial use for a local park. She asked the City Council to please say no to a federal mandate. She is not sure whether the site would lower property values. She has Verizon and does not get great coverage but it is manageable. CA/Jenkins reminded the City Council that as PM/Gubman reported, Federal law expressly forbids the City Council from taking into account the possible health effects of radio frequency emissions. And now we have had two speakers comment on the potential for health effects. CA/Jenkins said he wanted to make it very clear to the audience and to the City Council that under Federal law you may not take into consideration any evidence regarding the potential of health effects of radio frequency emissions from this cell site. The Council in fact, must completely disregard any comments that come from the audience on this subject and, would further note to the audience that to the extent that these comments are made they taint the record before the City Council because these comments can create the mis- impression that the City Council will take the health issue into account in NOVEMBER 20, 2007 PAGE 8 CITY COUNCIL making its decision. Accordingly, any mention of the potential health effects of this proposed antenna site are basically counterproductive. The issue is a non -issue before the City Council; it should be completely disregarded and the audience should be advised that it is not a consideration and that they should focus on other issues aside from the health issue. Eric Schubel, 20746 E. Rim Ln., about 300 ft. from the proposed site, said he was not an engineer and was not concerned about what the FCC said. Mr. Schubel's kids play in the park and the park is full of people at night and on the weekends. He felt the installation would be an eyesore and implored the Council to deny the appeal and not allow any cell towers in the park. Mitchell Liao, 20872 Quail Run Dr., said he felt anger about the potential of a cell site being located in a park where he frequently plays tennis. A 35 -ft, fake tree would be higher than other trees in the area. He was also concerned about noise pollution. Individuals are naturally concerned about health risks and all of the individuals present this evening would not be here if they were not concerned about health risks. There is a definitive association between phone tower radiation and increased cancer prevalence and he felt that homeowners would agree that if he were interested in purchasing a home he would avoid areas close to cell towers. Kristine Wagstaffe -Garcia said she owns two homes on Rim Ln., one at 20735 E. Rim Ln. and one at 20815 Rim Ln. She has been to three meetings and has seen all of these individuals in the neighborhood who have taken time to get off work early and come to voice their concerns to the Planning Commission and City Council. She walks in the neighborhood and her husband and children enjoy sports in the park. She has put her life's savings into this neighborhood and she believed that there was probably a million dollars of revenue the City was getting from the residents and wondered why the residents were not allowed to speak their minds and concerns. Yuh Yang, 20777 Missionary Ridge, said she was concerned about health issues because so many small children play in the park. Sprint promised the residents that there would be no safety hazard as a result of the installation and if it were proven that the installation presented a safety concern Sprint should have to compensate the residents. She was also concerned about property values and felt Sprint should state in writing that if the cell tower installation affected property values Sprint would be willing to compensate all residents within a certain radius. In order to ensure no decrease in property values every home should be appraised now and after the installation to eliminate speculation about property values. Caroline Kim, 20875 Quail Run Dr., asked how long the construction would take and how much of the park would be unavailable during construction and how much of the park would be unavailable during upgrade and maintenance. NOVEMBER 20, 2007 PAGE 9 CITY COUNCIL Valerie Geddes, 2211 S. Meadow Ln. said that although Ronald Reagan is a pre -approved site it was pre -approved prior to hearing from residents who unanimously oppose the tower. It is a commercial enterprise for the City. Sprint Nextel boasts that the tower will be placed on the slope at the park freeing up the usable pad of grass at the top. The woodsy slope at Ronald Reagan Park is a great place for kids to play. Since firefighters were mentioned by Sprint she noted that the National Institute for Firefighters opposes cell towers on top of their fire stations. In her opinion, if an area were being serviced by another provider a service gap would not be significant. The Telecommunications Act does not require one hundred percent coverage. Most citizens feel that coverage along Pathfinder is very good. Dead zones are allowed within the Telecommunications Act. The Planning Commission requested Sprint to co -locate orfind a new location. In her opinion, Sprint did not demonstrate full good -faith efforts at following the request. Sprint's proposal is to move the tower 36 ft. within Ronald Reagan Park. Sprint claims co -location with Verizon is not possible, yet Sprint does not appear to have an understanding of the Verizon tower location. To her this basic lack of knowledge indicates that there was no serious attempt to co -locate. Sprint already has several existing facilities in D.B. A single denial of a permit site does not constitute a prohibition of wireless services. Furthermore, once an area is sufficiently serviced by a provider the right to deny applications becomes broader. Cities can prohibit towers in residential zones so long as there are technologically feasible areas where facilities can be installed. Again, Verizon has proven it has this ability. Should the residents be forced to accept an unnecessary tower at Ronald Reagan Park because of Sprint's technological inability to do the same? Sprint technology is admittedly very site-specific and very low range. Must the City have a tower at every corner if Sprint's technology is incompatible with other providers? Mr. Gala asked the Planning Commission staff to find a location for them. Sprint's request was denied, as it was not their responsibility. The information provided by Sprint Nextel was confusing and submitted in an untimely manner. Commissioners were still unsure where the service ring was located and it was concluded that a lot of information was not available. For example, Ms. Geddes still does not have a clear understanding of what percentage of dropped calls were actually on Pathfinder. The residents understand that cell phones are a part of this society, and believe that other less -intrusive solutions to cell coverage can be found without needlessly compromising the integrity of Ronald Reagan Park. Chin Chun Yow, 20872 Quail Run Dr. felt the slope was dangerous and would not support a cell tower. Sprint shows the covered area on the park and wondered if the actual coverage is correct? Sprint stated that everything is legal and they have followed the City's requirements. The residents know they have no recourse but the law does not give Sprint carte blanche to do whatever they want to do. There should be consideration of the public's view, public opinion and public welfare, property appreciation, public safety and other human rights over a higher authority. The City Council stands for all the people and the good of the City. NOVEMBER 20, 2007 PAGE 10 CITY COUNCIL Patrick Wang, 20799 E. Rim Ln., said that today Sprint is indicating that this site is essential to wireless service. He uses Verizon and receives all signals just fine. His reception is not perfect but it is okay and he did not understand why Sprint could not cover the area from another site by increasing the height of the tower. He checked the websites and learned that Sprint and Verizon use the same technology so there seems to be no reason Sprint could not send out their signal as well as Verizon. He felt other sites could be used to build the tower. Chung Chen, 20718 E. Rim Ln, stated that the park is very close to his home and every weekend he plays basketball in the park. The park should look impressive. He does not want an artificial structure to negatively affect the park. A cell site in the park is not acceptable — a park is a public recreation area. People of all ages utilize the park and that is why the City must take care of the park. M/Tye closed the Public Hearing. Mr. Gala responding to C/Herrera stated that neither the building nor the tower was proposed to be fenced. Construction usually takes between four and six weeks. The perimeter building areas would not be available to the public during construction for safety purposes. A trench will be dug from the building to the monoelm about 200 ft. along the back of the tennis courts, and that area would be off limits during construction. The tower would also be off limits. Construction requires a backhoe to dig the trenches and a crane to upright and install the monoelm. Typically, once the tower is up and running the facility requires very little maintenance, most of which takes place inside of the equipment room where technicians replace radios and check the facility on a monthly basis. The Parks Department wanted a driveway to the site. However, the technicians can park in the parking lot and walk to the site. MPT/Tanaka asked if Sprint Nextel was required to provide the coverage Mr. Gala responded that Sprint Nextel's FCC license requires Sprint to the best of its ability to provide seamless coverage throughout the nation. MPT/Tanaka asked if Sprint could leave the gap if the consumer did not request coverage. Mr. Gala reiterated that according to the FCC license Sprint is required to provide seamless coverage to the best of its ability. MPT/Tanaka asked if Sprint investigated the use of the water towers above the hill in Rowland Heights that would cover the area. Mr. Gala responded that the site was considered and rejected because it is too tall. The ideal height for a wireless facility is somewhere between 55 and NOVEMBER 20, 2007 PAGE 11 CITY COUNCIL 65 ft. because frequencies are limited and reused constantly throughout the coverage area. Five miles away from Ronald Reagan Park there would be anotherfacility with the same frequencies and consequently the signal has to fade before it gets there. At this stage in wireless all of the high sites are coming down. Originally, the technology used sites as high as 90 ft. to cover wide areas but as wireless popularity increased sites have dropped with in - fills of lower sites. The last areas to be covered are residential areas and that is what Sprint is attempting to do with this installation. C/Everett asked for clarification about the primary objective for this request. Is the objective to provide coverage for home, stationery locations or is it vehicles and what is the percentage distribution of the target market? Mr. Gala reiterated that the objective is to provide coverage for residences on either side of Pathfinder Rd. and along Pathfinder Rd. He was not aware of what the percentage breakdown would be. C/Everett asked if distribution between homes and mobile or portable was 50/50. Mr. Gala said the distribution was pretty much interchangeable at this point. C/Chang felt that D.B. presented many challenges for cellular service because of its topography. However, he did not believe that residents were demanding that every carrier should provide reception in all areas. He felt there might be a better location for the cell site than a small well -used park and favored a compromise. M/Tye asked if there was an opportunity for Sprint to place its antenna on the water tank at the ideal height in order to provide the coverage. Mr. Gala responded "No." The site was evaluated by the RF Engineer and rejected out -of -hand because it was not capable of covering the objective. According to the analysis, the only feasible location for a cell towerto provide coverage down Pathfinder Rd. is from Ronald Reagan Park. M/Tye asked whether a 55-65 ft. antenna on the water tower with a line -of - site to Ronald Reagan Park would not serve the purpose. Mr. Gala responded "correct." The reason is that it is too tall and would blast the signal out and the tower does not see Pathfinder Rd. It sees Ronald Reagan Park at the high point. The coverage objective is not the park it is Pathfinder Rd. from the park to Brea Canyon Cutoff, a canyon that is walled in on all sides. Ronald Reagan Park is higher—the installation will cover the residences on both sides of Pathfinder Rd. and shoot down to Brea Canyon Cutoff. The water tank does not "see" Pathfinder Rd. This is line -of -site technology. In order for the signal to be received the transmitter and receiving devices must have a line -of -site connection. NOVEMBER 20, 2007 PAGE 12 CITY COUNCIL M/Tye asked if Sprint had looked at the commercial sites on the north side of Pathfinder west of Brea Canyon. Mr. Gala responded that the Verizon site that everyone has referred to is located in that area behind the shopping center. The hill with all of the residences screens the site from Pathfinder Rd. The commercial buildings are lower down and do not "see" Pathfinder Rd. C/Herrera asked CA/Jenkins to respond to the letter from Valerie Geddes. CA/Jenkins stated that this area of law is governed by the Telecommunications Act of 1996 a Federal law. Cities actions have to be consistent with the Telecommunications Act. Over the years since the Telecommunications Act was enacted by the United States Government courts have struggled with various interpretations of the Act and in particular with some of the issues that are at issue here in this application. There are a number of decisions from Circuit Courts of Appeal and that body is the layer of courts immediately below the U.S. Supreme Court. These courts have come to different conclusions on some of these issues and in some respects are in conflict with each other. California is located within the 91h Circuit and so D.B. is governed by decisions of the 9th Circuit Court of Appeals. When the 91h Circuit Court of Appeals has ruled on an issue of law then D.B. and other cities must adhere to it until and unless the United States Supreme Court says differently. Ms. Geddes in her written comments and in her oral comments tonight in many respects has relied upon cases from outside the 9th Circuit that have been superceded by a 9th Circuit case so her statement of the law on a number of significant issues presented tonight is basically mistaken. Those courts of appeal are irrelevant on those issues and those decisions are irrelevant. The relevant case is a case that was decided in 2005 by the 9th Circuit Court of Appeal entitled Metro PCS v. City and County of San Francisco. In that case the 9th Circuit held, for example, that when evaluating whether or not there is an effective prohibition of personal wireless services the City must look at the issue on a per -carrier basis. There has been some dispute in the courts as to whether or not there would be a "prohibition of service" if another carrier was able to provide service in the area. The 9th Circuit has definitively answered that question within the coverage of the 91h Circuit and the answer that the court gave was that it is irrelevant that other carriers can provide service. What is relevant is whether this carrier is experiencing a gap in service and if there is a significant gap in this carrier's coverage then that constitutes an effective prohibition and if there is a prohibition of service that violates the Telecommunications Act. The issue is not whether there is a neighborhood demand for Sprint; the issue is whether or not Sprint is experiencing a significant gap in coverage. The first question for Council is; is Sprint experiencing a significant gap in coverage and the evidence that is to be considered is the evidence that is being presented — the propagation maps, etc. showing whether or not Sprint has coverage in this particular area and if Sprint does not have coverage in this area the next question is where can they put up a cellular site and what NOVEMBER 20, 2007 PAGE 13 CITY COUNCIL amount of discretion does the Council have in determining where Sprint puts the site. The 91h Circuit has answered that question in the Metro PCS case by saying that it is up to Sprint to demonstrate that it is proposing the least intrusive site within the context of the City's overall land use and zoning objective. And that would be the least intrusive site that serves its purpose of providing coverage and filling the gap in coverage while at the same time endeavoring to satisfy the City's land use and zoning objective. It doesn't have to be the "best" site; it does not have to be the "most acceptable" site and it does not have to be the "only" site. The 9th Circuit has explained that it must be the least intrusive site in the context of the community values — namely the land use and zoning values that are at issue here when the Council makes land use decisions. The 9th Circuit has also indicated that in connection with another issue raised under the Telecommunications Act that namely the Telecommunications Act prohibits discrimination among providers of these sorts of services. The 9th Circuit has endeavored to explain what "discrimination" means. The 9th Circuit has said that there will be discrimination if the carrier at issue is treated differently than carriers that are similarly situated to this carrier. And that is a consideration that also must be given in evaluating this application and evaluating the location that is being proposed by Sprint. In short, those issues are the main issues as to which Ms. Geddes' written and oral testimony was legally incorrect. C/Herrera directing her statement to CM/DeStefano stated that she believed there were currently one or two cell towers at Peterson Park. C/Herrera asked if there were cell towers located in any other of the City's parks. CM/DeStefano responding to C/Herrera's question stated that there are no others at the present time; however, there are applications pending before the City for cell sites on the City's park property. C/Herrera asked if the City Council adopted a policy some years ago that the City would permit cell towers in the City's parks. CM/DeStefano felt that "permit" might be too strong a term. About 10 years ago when the City first drafted a Telecommunications Ordinance it crafted a map that identified potential sites and those sites included private property such as churches, public property such as water tanks and school property and City owned property. The reason for the City -owned property, which was principally the City's parks, was in order to utilize that resource as a revenue -generating tool to help offset the costs and provide additional recreational resources to the community subject to all of the appropriate land use controls that the City has. MPT/Tanaka asked counsel if denial of this installation could be characterized as "discrimination" because there are no other cell sites in Ronald Reagan Park. NOVEMBER 20, 2007 PAGE 14 CITY COUNCIL CA/Jenkins responded that the discrimination issue is one that obviously has to be determined on a case-by-case basis. The Metro PCS case in fact only addressed the legal standard but actually remanded the case back to the trial courts for further evidence on the discrimination issue because it requires an evaluation of, in that case, how the City responded to and handled other applications from other providers. That case factually was somewhat similar because it involved an application for a cell site on city property and in this instance he believed the evidence could be developed in a number of different ways so he would be loathe to say here at this hearing that a denial would constitute discrimination. He noted that the City has a couple of sites already in other parks but he observed that those parks are different from Ronald Reagan Park. The City would have to evaluate the totality of the circumstances before coming to a conclusion on whether or not there would be a discrimination and violation of the Telecommunications Act. C/Everett asked CM/DeStefano if the cell sites in other parks were towers and supportive buildings. CM/DeStefano responded that at Peterson Park there is a soccer ball field that is utilized as a cell site. The site has been in existence for about 10 years and there is a chain link caged equipment structure consisting of about 100 sq. ft. C/Chang said he believed there were two important factors such as coverage gap and the least intrusive site to the community. Sprint provided information that the gap exists leaving the remaining issue as the "least intrusive" site. The residents feel the proposed site is intrusive. Therefore, how does the Council balance these issues? He would like to see Sprint succeed and at the same time wondered if there were any other locations that could serve the purpose and provide the residents with peace of mind. M/Tye commented to CA/Jenkins that the community feels the proposed site is intrusive and to understand the 9th Circuit correctly, it believes the site should be the least intrusive for the applicant. And is the measure "least intrusive" or "least expensive." There are providers that seem to be able to provide coverage in that area. There are co -locations that have been dismissed "out -of -hand." If there were multiple locations and if the businesses as one heads west on Pathfinder would serve as locations and the water tower would serve as a location, would that fill in some of the gaps or dead zones? He does not know, as one speaker said, whether the Telecommunications Act is designed to eliminate dead zones or require 100 percent coverage. Mr. Gala said that the only installation that would be more useful was if someone would allow the installation in his backyard and to quote him, nobody wants that. The people in the community feel the park is their back yard and M/Tye felt the Council had to consider the applicants objective in balance with the community wishes. He wanted to know how the Council NOVEMBER 20, 2007 PAGE 15 CITY COUNCIL would be able to accomplish what the business wanted to accomplish and protect the integrity of a neighborhood. M/Tye also wanted to know if CA/Jenkins agreed with Mr. Flynn that a denial would violate the law. CA/Jenkins said he would be reluctant to advise Council that a denial of this particular application tonight would necessarily violate the law. He advised the Council that it is obligated to support its decision with substantial evidence and said that the Council is obligated to evaluate the evidence on the basis of Federal law, a law which is controlling and sets up the task before the Council. Consider the evidence, consider where it leads and draw a conclusion that is based on substantial evidence and is in compliance with legal standards. With respect to M/Tye's question about the "least" intrusive alternative, he referred the Council back to the provisions of the Telecommunications Act which provides specifically that the regulation of the placement, construction and modification of personal wireless service facilities by any state or local government shall not prohibit or have the affect of prohibiting the provision of wireless services. That is the legal standard. Therefore, no action that the Council takes, and the City exercises its police power by way of approving Conditional Use Permits and other discretionary permits, under Federal law, no action on the City's part shall have the effect regarding the placement/construction of these facilities of prohibiting the provision of the service. What does it mean to "prohibit the provision of personal wireless services?" If there is a significant gap in coverage for a particular carrier, it constitutes a prohibition on the provision of the service. So, if the carrier meets the burden of demonstrating to the Council that there is a significant gap in its coverage then they have met their burden of demonstrating that there is a "prohibition." At that point, they are entitled to place their facilities at a site that will cover that gap. They are not entitled to any specific location or to their first location but they are obligated to come up with a location that the Council finds is least intrusive — and when he says "least intrusive" he means least intrusive with regard to the values that are established in the City's master documents — basically, the City's General Plan and Zoning Ordinance. The Court adopted a standard "where the operator must show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve." So if the Council were to deny, it must deny based on certain values. Those values derive from the City's General Plan and Zoning Ordinance, the traditional land use type values that the City is accustomed to dealing with when it considers a land use application. Those values can be aesthetics, noise, traffic, etc. And since this application is operating in a park environment there may be certain values expressed about the use of park facilities. Those are the values that the Council is seeking to enforce. The applicant has to show the Council a site that is least intrusive as respects those values. The court notes a factually intensive determination and allows for a meaningful comparison of alternative sites before the sighting application process is needlessly repeated. It gives the provider an incentive to choose the least intrusive site in their first sighting application. Basically, Sprint has come to the City and said it has considered alternatives and the NOVEMBER 20, 2007 PAGE 16 CITY COUNCIL proposed site they believe is the least intrusive. The Council may find that there is a preferred site that is least intrusive. Certainly, the Council can engage in a dialogue where Sprint would be obligated to demonstrate to the Council why another site is unacceptable or does not meet their coverage requirements and certainly that is something that the Planning Commission did when it continued this item over the course of several months in order to get additional information from Sprint regarding alternative sites. CA/Jenkins responded to M/Tye's question about how the Council balances the City's desire to satisfy the community and at the same time fulfill the requirements of the law that this is undoubtedly both a classic issue and one of the most difficult issues that any elected official must from time to time, face because there are going to be times when the community is advocating for an outcome that is contrary to law or is contrary to the Constitution. He was not suggesting that any action the Council might take tonight is or would be necessarily a violation of law, he was simply saying, hypothetically speaking, this happens from time to time and it happens with respect to sensitive type uses where the courts in particular have held that the uses are protected by various provisions of the Constitution which typically arise in cases, for example, involving free speech rights, very unpopular types of activities such as adult activities where the community has very strong opinions, etc. and the City Council is faced with receiving advise from its lawyer who says the courts have told you that you must adhere to a certain standard and if you do not, you will be violating someone's constitutional rights and you will be subjecting the City to a lawsuit that you will lose and you will end up not only having to allow the use but paying Mr. Flynn's attorney's fees after he has successfully sued the City. That is a very difficult problem for City Council because its members are elected officials who want to please their constituents. City Council Members do not go home at night feeling good about making their City Attorney happy. But there are times when a City Council is being urged to take an action where CA/Jenkins steps in to say it cannot do so. And, if you do take a certain action the City will be in hot water and face very significant monetary liability and end of up having City funds to pay for it instead of using City funds to provide more parks and more public services. He reiterated that he was not telling the City Council that a denial of this application in particular will lead to liability and he wanted the record to be very clear on that point. He was telling the City Council that the law as it has been enunciated by the 9th Circuit requires that the City Council adhere to the standards that he has described and support any decision it makes with substantial evidence. C/Chang asked if the Council was obligated to make a decision tonight. CA/Jenkins responded that if the Council found reasons to continue the item for more information, etc. it would not be obligated to decide the issue tonight. C/Chang wanted the applicant and staff to pursue other possible sites. NOVEMBER 20, 2007 PAGE 17 CITY COUNCIL C/Everett said he appreciated Counsel's objective of keeping the Council on point and on task legally. He was troubled by the applicant's statement that there were no alternatives and that there was only one site. Was he correct in assuming that the Council should have alternatives from the applicant and staff's engineers to consider? CA/Jenkins stated that ordinarily, the City does not have engineers who are qualified to consider these types of installations and the City does not generally proactively engage in this type of activity. That is not to say that the City could not do more at the Council's direction. Sprint has told the Council tonight that it has evaluated what it believes to be all of the viable alternative sites in the vicinity that would provide them with coverage and Sprint has represented to the Council that none will achieve the coverage objective. C/Everett asked if he heard CA/Jenkins correctly that the Council should be provided an opportunity to evaluate alternatives. He said he was very troubled because one of the City's greatest resources is park space. The City is so short of park space and this project of 200 sq. ft. as well as the hillside is taking up very valuable land resources. CM/DeStefano said that unless the City's legal counsel believes it is important and directs staff to conduct a study to provide appropriate sites he was not inclined that the City should use its resources for such a purpose regardless of whether the City is reimbursed for its resources and staff by the applicant. It would not surprise him that alternative sites were not explored by the applicant. Other locations may be superior to this location. The City does not have that information. The applicant has apparently looked at sites that were referenced by the general public or maybe by staff but staff does not know what other sites are available. A water tank site was referenced and eliminated out -of -hand. Staff does not know why it was eliminated and what alternatives could be made onsite to make it more feasible. A speaker referenced a different water tank site that was dismissed out -of -hand as a result of line of site issues. That comes into some level of conflict with other carriers that have looked at water tank properties in the City and indeed have devices on water tanks so he was puzzled by the response absent some form of scientific evidence from the applicant regarding the appropriateness of any of the other seemingly alternative sites. Carriers provide micro -sites throughout communities that experience variations in terrain and significant changes in configurations of roadways. For example, in Brea there are micro -sites along Carbon Canyon Rd. that provide service and may be an alternative to one large site at Ronald Reagan Park. He does not know the answers but suggested that it is the applicant's responsibility to find alternative sites hearing the lack of the support from the community and the commentary absent a decision by the City Council that the applicant should seek out more and more opportunities to effectively cover the area and to do so in a way that is the least intrusive to the City of D.B. NOVEMBER 20, 2007 PAGE 18 CITY COUNCIL C/Everett said he was seeking technical advocacy groups to assist the City. Without options and alternatives he could not support the business opportunity, which he was interested in. CA/Jenkins said he did not believe that options and alternatives was an appropriate issue. The answer is not for the City Council to deny the application and then tell people who have Sprint to go to Verizon or some other carrier. Sprint is entitled to have coverage. C/Everett said he learned this evening that there is a new market for home use and how would that play into the legal pressures and presence. Is that a new market and should the Council look at it differently? CA/Jenkins responded "No" he would not characterize it in that manner. He does not believe it makes a difference whether Sprint is servicing people in vehicles or people in their homes. The issue is does Sprint have a gap in coverage in a particular geographical area and it's really irrelevant whether that area consists of roadways, commercial or residential. Mr. Flynn said it seemed to him that Sprint had made the record on the lack of lesser intrusive alternatives for filling this particular gap. It was not just a matter of whetherthere might be a better place in the neighborhood or in the vicinity to put a cell site, it is also a matter of whether it is the least intrusive means for satisfying this particular gap and Sprint believes it has made that record. Sprint does not believe that any more evidence is necessary. However, it seems clear that Council Members have doubts and if those doubts are sufficient to warrant a denial then Sprint could work with staff on choosing an independent RF Engineer to provide a report on whether in fact this gap exists and that this is the least intrusive means by which to fill the gap. Contrary to CM/DeStefano's observation, micro -sites will not work to fill this gap and if the Council needs to hear additional evidence about why they will not work Sprint will provide that additional evidence. Mr. Flynn asked Council to understand his frustration because there were several hearings before the Planning Commission and there had been a great deal of evidence already provided by Mr. Gala and Sprint and believed Sprint had satisfied its obligations factually and under the law. As he said, Sprint would be willing to work with staff to engage an independent engineer at a reasonable cost for preparing a report to give the Council greater peace of mind on this site. Sprint does not pick a site and put its feet in concrete because it is stubborn or perverse. It is not a good idea to upset potential customers about the location of a cell site. Sprint sometimes reluctantly make decisions about locations for cell sites because it is the only place it will work and so it is in this situation. M/Tye said he was having trouble with the term "significant gap" and whether it is a reasonable expectation for carriers to get to 100 % coverage. NOVEMBER 20, 2007 PAGE 19 CITY COUNCIL CA/Jenkins said that by "significant gap" there does not have to be 100% coverage. The map shows good and marginal coverage areas that will never be improved. In this case, there is a large white area that Sprint is attempting to cover with this site that very well might be considered "significant" within the meaning of case law. M/Tye asked CM/DeStefano if the City had determined what the value of this installation would be to the City. CM/DeStefano responded that the Council was making a land use decision as opposed to a financial decision and was not clear on the relevance of M/Tye's question. The City Council approved a lease agreement subject to the approval of a Conditional Use Permit in May 2007 at the rate of $2000 per month. M/Tye expressed his belief that public input was important. He did not want to invite legal action but believed that people had a right to speak their feelings because that is how change happens. He found it personally irritating that the City was being dictated to on how the City will handle these types of issues. M/Tye said he wanted to understand why the commercial buildings on Pathfinder would not work in conjunction with the water tower and the fact was that Sprint was unable to provide that information because these locations were "dismissed out -of -hand" which tells M/Tye that Sprint would not even consider those alternative locations. M/Tye wants those alternatives to be considered instead of Sprint proposing a park for a commercial enterprise. There is one cell location in the City of D.B. that he opposed when he served on the Planning Commission because he felt it was intrusive to the neighborhood and he would challenge anyone to find that site today. This, on the other hand, as evidenced by the photos, sticks out like a sore thumb. M/Tye asked CSD/Rose if he could provide a ratio of park space to the number of residents of the City. CSD/Rose responded that the national standard for developed park space is two acres per 1000 residents, which means that D.B. should have approximately 120 developed acres and the City has approximately 63 developed acres. M/Tye was not willing to dedicate any square feet in a park in D.B. to a cell site. He does not mean to say that the cell sites that are in parks in D.B. are inappropriate. The cell site that abuts a freeway is not going to make more noise than the freeway and it is not obtrusive inside the park because it is up against the freeway as is the utility box. This location does not mirror that at all. If at the time the property was developed there were homes where Ronald Reagan Park is now this discussion would not be taking place. In his opinion, Ronald Reagan Park is not the right location for this product. NOVEMBER 20, 2007 PAGE 20 CITY COUNCIL C/Everett said he would view it differently but may reach the same conclusion. He felt that Sprint had done a reasonable job of adapting the architecture. However, the key to him is that parks in D.B. are very precious and in short supply. In fact, based on the testimony, the pictures and his own observations, Ronald Reagan Park is probably the most used and significant and important small park in the City and he too did not feel fair or just in letting any of that land use go to commercial taking away from park use. He reiterated his desire to have alternatives presented to the Council and he did not see any alternatives presented. M/Tye believed it was not incumbent upon the City to provide those alternatives and that it was incumbent upon the applicant to do so. MPT/Tanaka also felt that park space should not be reduced. Sprint presented its best location for its cell site. Perhaps Sprint can present a less than best alternative that would adequately cover some of the gap in service. C/Herrera moved, C/Chang seconded to continue the Public Hearing to February 5, 2008, direct the applicant to work with staff to engage at the applicant's expense an expert to look at the issues to see if there are viable alternatives to offer, and bring a report of the findings back to Council for consideration. 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 72 NEGATIVE DECLARATION NO. 2007-03, ZONE CHANGE NO. 2006-01 AND PLANNED DEVELOPMENT OVERLAY DISTRICT, TENTATIVE TRACT MAP NO. 64881, CONDITIONAL USE PERMIT NO. 2006-10, AND DEVELOPMENT REVIEW NO. 2006-11 — A NINE UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 23671 GOLDEN SPRINGS DRIVE (DIAMOND JIM'S DAIRY LOCATION) PM/Gubman presented staff's report stating that on September 11, 2007, the Planning Commission had concluded the noticed public hearing on Tentative Tract Map. No. 64881 along with the Negative Declaration and all requested entitlements and was recommending approval of the project to Council. Approval of the project will allow the property owners Joe Kwok and GSDB Investment Group, LLC to subdivide 0.62 acres into a nine unit, detached, residential condominium complex. The project site is located at 23671 Golden Spgs. Dr. and is currently developed with a mini -mart drive-thru known as Diamond Jim's Dairy. PM/Gubman recommended that following the applicant's presentation the City Council open the Public Hearing, receive testimony, close the Public Hearing and Approve for First Reading by Title Only, Waiving Full Reading of (1) Ordinance No. 08(2007), Zone Change No. 2006-01 and Planned Overlay District; (2) Adopt Resolution No. 2007-62 NOVEMBER 20, 2007 PAGE 21 CITY COUNCIL Approving Tentative Tract Map No. 64881 and Adopt Negative Declaration No. 2007-03; and, (3) Adopt Resolution No. 2007-63 Approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. Joe Kwok, GSDB Investment Group, LLC, applicant, explained the proposed project and asked for approval of his project which he indicated would bring the land use into conformity with the City's General Plan. M/Tye opened the Public Hearing. Ruth Van Korlaar wanted to know how far down the property would go because her property is considerably lower than the dairy and three stories would look into her back yard. Mr. Kwok responded to Mrs. Van Korlaar by showing a plan of the proposed project, which showed the lines between the garage area and the neighbor's property. With no further testimony being offered, M/Tye closed the Public Hearing. C/Herrera moved, C/Chang seconded, to approve for first reading by title only, waiving full reading of Ordinance No. 08(2007), Zone Change No. 2006-01 and Planned Overlay District. 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 C/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2007-62 approving Tentative Tract Map No. 64881 and Adopting Negative Declaration No. 2007-03. 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 C/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2007-63 approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. 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 NOVEMBER 20, 2007 PAGE 22 CITY COUNCIL 7.3 (a) ORDINANCE 09(2007): AN ORDINANCE AMENDING THE DIAMOND BAR MUNICIPAL CODE BY REPEALING TITLE 5 IN ITS ENTIRETY AND REPLACING IT WITH A NEW TITLE 5 ESTABLISHING A BUSINESS LICENSING PROGRAM FOR THE CITY OF DIAMOND BAR. (b) ADOPT RESOLUTION NO. 2007-64: RESCINDING THE BUSINESS REGISTRATION FEE AND ESTABLISHING FEES FOR BUSINESS LICENSING AND BUSINESS LICENSE RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS LICENSE FEES. CM/DeStefano reported that adoption of this ordinance would approve a Business Licensing Program eliminating the current Business Registration Program by name utilizing a $10 fee for business licenses that do not require an investigation, removing the investigation process currently provided by LA County at much higher rates, allowing the City of D.B. to provide that service at a rate of $300 per each person investigated. C/Chang felt that this would be good for the City but was concerned about the $10 Business License fee for most of the businesses because it costs the City $53.50 to register and license the businesses. He believed the City should charge the full cost because the uncovered amount would have to be borne by all of the residents as a City subsidy of $60,000 to $65,000. Other cities charge based on the dollar amount of business conducted. D.B. is a business -friendly City and those who do business in town should pay their fair share. C/Everett said that he did not necessarily agree with the original $10 fee and $10 renewal because it would not pay for the cost of administering the program but he believed the program was of value to the City. In this case he was willing to go along with a $10 registration and $10 renewal for a program that is already in place. The second piece is a very good value to the businesses. In that case he supports the $300 cost for background checks. However, he was concerned about the $22 renewal charge. He wanted more responsibility from the business owner and staff to make sure that the business was in compliance at renewal and proposed a charge of $101 for the renewal. MPT/Tanaka agreed with the ordinance as presented by staff. This is not a revenue -generating program and renewals do not require additional background checks. If changes occur in staffing or ownership for the business necessitating an additional background check, the appropriate cost would apply. C/Herrera felt the renewal cost should be $50. She felt it should be higher than $22 and $50 is still a lot less than what business owners pay Los Angeles County. Other than that she supported the balance of the ordinance as proposed. NOVEMBER 20, 2007 PAGE 23 CITY COUNCIL C/Chang reiterated his concern that all businesses should take responsibility for their licensing. Government should not support individual enterprise but rather be effective in its governance. The City should not have to subsidize this program. M/Tye invited C/Chang to relocate to D.B. C/Chang said it was always his desire to locate in D.B. However, D.B. does not have an industrial area. He would be happy to move to D.B. anytime. M/Tye emphasized that this is a benefit to people who would otherwise have to drive to Los Angeles County to obtain a business license and would have to pay much more for the license. The problem he has is with the business registration fee, the same problem he had when it was first initiated. He said he could not support raising the fee for the home-based business owner. He conceded that if this Council was not willing to repeal the business registration fee it should be kept at $10. M/Tye opened the Public Hearing. Wanda Tanaka asked for clarification of the fee proposal. CM/DeStefano responded that all business in D.B. would be required to pay a $10 fee for business licensing. A select number of businesses (approximately 150 to 200) would be required to have a more comprehensive investigation in order to receive a business license. Most all of those businesses also require a public hearing approval of a Conditional Use Permit. The more comprehensive businesses requiring investigation of the operator would be charged a $300 per -person investigation fee in addition to the $10 per year. With no further testimony being offered, M/Tye closed the Public Hearing. C/Everett explained why he felt very strongly that the renewal fee for businesses requiring background checks should be $101. C/Herrera moved, C/Everett seconded, to approve First Reading by Title Only, Waiving Full Reading of Ordinance 09(2007): An Ordinance Amending the Diamond Bar Municipal Code by repealing Title 5 in its entirety and replacing it with a new Title 5 establishing a Business Licensing Program. 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 NOVEMBER 20, 2007 PAGE 24 CITY COUNCIL C/Everett moved to Adopt Resolution No. 2007-64: Rescinding the Business Registration Fee and Establishing Fees for Business License and Business License Renewal and Amending the Existing Fee Schedule to include Business Licensing Fees with the amendment that the Business License Renewal Fee be changed to $101. Motion died for lack of a second. MPT/Tanaka moved, C/Herrera seconded, to Adopt Resolution No. 2007-64 with the fee schedule as presented by staff. Adoption of Resolution No. 2007-64 failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, MPT/Tanaka NOES: COUNCIL MEMBERS: Chang, Everett, M/Tye ABSENT: COUNCIL MEMBERS: None Discussion ensued, C/Everett moved, C/Herrera seconded, to Adopt Resolution No. 2007-64: Rescinding the Business Registration Fee and Establishing Fees for Business License and Business License Renewal and Amending the Existing Fee Schedule to include Business Licensing Fees with the amendment that the Business License Renewal Fee be changed from $22 to $53.50 where background checks are required. With the following vote, adoption of Resolution No. 2007-64 failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera NOES: COUNCIL MEMBERS: Chang, MPT/Tanaka, M/Tye ABSENT: COUNCIL MEMBERS: None Further discussion ensued. CA/Jenkins clarified that staff's study concluded that its cost on a renewal of a business license that initially required a background check was $22; the initial license was $300 per person being investigated. With respect to that very narrow category of businesses when applicants came to the City for their renewal, staff said the cost was $22. Council Member Everett said that if staff concluded a business registration fee for full recovery would be $53.50 for just looking at a simple piece of paper for an initial registration, how could looking at a piece of paper for a renewal be any less than $53.50. So his contention was that the $22 was basically artificially low and he was basically saying that a principled way of fixing the problem was to make the renewal fee for just those businesses that require background checks, the equivalent of what originally said was a full cost recovery for registration. That is how he argued conceptually that the $53.50 renewal fee was not a revenue-producing fee but in fact prevents a subsidy. C/Everett agreed that a total of $53.50 was an honest and thoughtful number that staff put together and he understood and related to and when asked earlier was the best E NOVEMBER 20, 2007 PAGE 25 CITY COUNCIL formula for cost -recovery wherever possible excluding the basic business registration. CA/Jenkins outlined the alternatives open to the Council: 1) Find a compromise or 2) hold it over to the next meeting. C/Herrera moved, MPT/Tanaka seconded, to adopt Resolution 2007-64: Charging businesses that require an investigation $300 with a renewal fee of $22 and all other business a $10 fee for business licenses and $10 for renewal of the business licenses. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS: Herrera, MPT/Tanaka, M/Tye NOES: COUNCIL MEMBERS: Chang, Everett, ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: None COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang wished everyone a very happy and peaceful Thanksgiving. Enjoy your families and appreciate all that you have including yourfamily, yourfriends, yourjob and what you own. What a great fortune that we all live in D.B. C:/Everett agreed with C/Chang and added that the finest celebration he has attended was the Veterans' Day Recognition. This is the season for various celebrations and it was a privilege to be a part of the Senior's Indian New Year's Celebration Friday. Get ready for the Walnut Valley Water District Town Hall meeting on December 5. Happy Thanksgiving. C/Herrera was thankful the election was over and congratulated MPT/Tanaka on his rE?-election. She wished everyone a Happy Thanksgiving. MPT/Tanaka said the Veterans Day Recognition was an outstanding program. He congratulated Chaparral Middle School Band and the United States Marine Corp Color Guard. It was an honor to see three soldiers return from active duty and two receive their banners with their families. He attended the D.B. Little League Baseball Board Meeting with CSD/Rose. He attended the Indian New Year' celebration hosted by the Sunshine Seniors; the third annual Sunday at the Center Ail Show and Sale and the Mayors Summit in Madison, Mississippi. He thanked the D.B.H.S. Leo's Club for helping at the City's and Quail Summit Elementary School's Haunted House as well as chaperoning the D.B. 4 -Youth Middle School dance and Fall Fun Festival. He congratulated C/Herrera upon her re-election and thanked everyone who supported him during the campaign. NOVEMBER 20, 2007 PAGE 26 CITY COUNCIL M/Tye congratulated MPT/Tanaka and C/Herrera on their re -elections. November 7 was one of the most moving presentations to Veterans that he had ever seen and the first opportunity D.B. had to present banners to returning veterans. On November 14 it was a delight to have Time -Warner Cable in conjunction with C - Span bring the Campaign 2008 bus to D.R.H.S. He was very encouraged by the excitement and knowledge of the issues of the 11 students chosen from the Junior State of America Club. He wished everyone a happy and safe Thanksgiving. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the regular City Council meeting at 11:02 p.m. in memory of Sudershan (Sue) Verma. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of MAYOR 2007. 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 OCTOBER 25, 2007 CALL TO ORDER: Chairman Owens called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAOMD/Government Center Building Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioner Lew Herndon, Vice Chairman Ruth Low and Chairman Ted Owens Absent: Commissioners Dave Grundy and Benny Liang were excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Sara Somogyi, Recreation Services Manager; April Batson, Recreation Specialist; Alison Meyers, Recreation Specialist and Marisa Somenzi, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered CALENDAR OF EVENTS: As Listed in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes for the September 22, 2007 Regular Meeting. VC/Low moved, C/Herndon seconded, to approve the Minutes for the September 22, 2007 Regular meeting as presented. Without objection, the motion was so ordered with C/Grundy and C/Liang being absent and Chair/Owens abstaining. 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RSM/Somogyi VC/Low said she was conflicted about the Fall Fun Festival because it seemed to her that trick or treating was a community event and that the Festival took away from that tradition. RSM/Somogyi said the Festival was merely an alternative to trick or treating. VC/Low asked what inspired the Fall Fun Festival? CSD/Rose explained that the event was developed in response to OCTO13ER 25, 2007 PAGE 2 P&R COMMISSION response to residents' requests for an alternative. Many people who attend the event trick or treat in the immediate area as well. RSM/Somogyi explained that the event is more of a family event in a safe and friendly atmosphere. VC/Low said she had an excellent experience making reservations at the Diamond Bar Center. The individual who assisted her was very pleasant and helpful. RSM/Somogyi said she would email Chair/Owens the start time for the art show. She stated that the City mails surveys to ever person or business that rents the facility. VC/Low asked staff to research the cost of a float for the Rose Parade. C/Herndon reiterated he would prefer the budget statement in a different format. 2.2 PARKS REPORT — PMS/Jordan C/Herndon reiterated that he thought a surveillance system would be a good deterrent for vandalism. CSD/Rose responded that as previously stated a surveillance system was considered during the 2007/08 FY budget process, but was not approved. He will again present this as a budget item for the next fiscal year. VC/Low asked if there were other areas of the City that had experienced vandalism and CSD/Rose responded yes. Graffiti seems to be at its highest level and vandalism is common in many locations. She said that she and other Commissioners were frustrated that the City was not moving in a proactive manner to stop such behavior. C/Herndon suggested the City buy one unit and many signs to place throughout the City that indicate "you may be on camera." VC/Low says that CCTV signs are visible throughout England and people are photographed 20 -times a day. CSD/Rose said that staff would bring the matter up again during budget meetings. Chair/Owens suggested staff check nearby scrap yards for plaques. PMS/Jordan responded to Chair/Owens that the framework for the dugouts is made from common fencing materials. 2.:3 CIP PROGRAM REPORT — CSD/Rose a. Batting Cages at Peterson and Pantera Parks — plans are being updated and once received they will go through plan check with Building and Safety. b. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center — plans for the Diamond Bar Center portion of the OCTOBER 25, 2007 PAGE 3 P&R COMMISSION the joint trail project are complete. Plans for the Steep Canyon portion of the trail are being revised according to direction from the Building & Safety Department. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.1 "At -Risk Youth" Definition for the Youth Employment Plan CSD/Rose presented staff's report and recommended approval of the "At -Risk Youth" Definition for the Youth Employment Plan to wit: "Any youth 16 to 24 years of age who is at risk of involvement or is involved in any of the following: Bullying, academic performance below grade level or failing to complete high school, or stress related to academics, thoughts of suicide, physical and/or emotional abuse, nutritional and/or sedentary behavior leading to obesity, truancy, violence, vandalism, drug and/or alcohol abuse, adolescent pregnancy; single parenthood, criminal and/or gang activity; poverty or family unemployment." C/Herndon asked if it would be prudent to coordinate with local high schools to define these individuals? CSD/Rose responded that if the City moves to implement its own employment program rather than contracting with the California Conservation Corps the City would be working with the high schools to develop the program. Since D.B. is a contract City there is no supervisory staff available to oversee a crew at this time. VC/Low wanted to know the definition approved by the Parks and Recreation Commission in 2003 and the definition proposed by the County. CSD/Rose responded that the 2003 definition approved by the Commission was also the County's definition. VC/Low said she would like to have "involved in domestic violence and sex abuse" added. In her opinion, "bullying, thoughts of suicide and obesity" should not be included in the general definition. As a general principal, young people should be engaged to be self-sufficient, to take responsibility and to learn to help themselves. C/Herndon asked if other cities were involved in promoting behavior to reduce obesity and other such issues. CSD/Rose responded that "to help reduce obesity and increase activity" is the hot button for many cities. Almost every recreational program in most cities includes this feature. As far as proof that it works he was not aware of specific statistics. Katherine Hsi, D.B.H.S. student, asked how the City would decide who might fit into a category such as "obese." CSD/Rose responded that there has been no definition of what the program will be. The City must submit a definition to Los Angeles County as a part of a resolution that allows the City to collect the money from the County and that money has to be spent on "at risk" youth. Chair/Owens asked if the City surveyed other cities for their definition and OCTOBER 25, 2007 PAGE 4 P&R COMMISSION CSD/Rose responded no, that D.B. used the Los Angeles County definition and compared it to the information contained in the City's Youth Master Plan. C/Herndon asked if the Youth Master Plan addressed obesity and RS/Myers responded affirmatively. This subject was brought up during Youth Master Plan discussions with community members as a primary issue. In fact, the California Conservation Corps brought up the issue as well and indicated that they are considering "at -risk youth" as being broader based than what was traditionally considered in the past. Commission discussion ensued. C/Herndon moved, VC/Low seconded to recommend that the City Council adopt the 2003 definition as stated below. Without objection the motion was so ordered with C/Grundy and C/Liang being absent: "Any individual 14 to 24 years of age who is involved in or is at risk of involvement in any of the following: drug and/or alcohol abuse, adolescent pregnancy, single parenthood, physical and/or emotional abuse, gang activity, violence and vandalism, poverty, family unemployment, truancy, and academic performance below grade level or failing to complete high school." 4.2 Determine dates for November and December 2007 Parks and Recreation Commission meetings: Thursday, November 15; Thursday, December 20. The Commission concurred to accept Thursday, November 15 as the regular November meeting date and to go dark in December unless there is an item of urgency requiring Commission action. 5. ANNOUNCEMENTS: C./Herndon said he enjoyed the Lorbeer Middle School field re -dedication ceremonies. He was pleased that this project came to fruition and that both entities were proud of the outcome. VC/Low said her thoughts and prayers were with the families who suffered loss as a result of the devastating fires in Southern California. Chair/Owens said that he agreed with C/Herndon that the Lorbeer Middle School project confirms that two agencies can join together for the greater good of the community. He felt it was a testament to what could be accomplished with other school sites. He said he was surprised to receive the DVD from WCCA promoting their campaign to oppose the Aera Project. At the behest of the Commissioners, CSD/Rose agreed that it would be a good idea to invite the City Manager or his designee to make a presentation on the Aera Project. RSM/Somogyi announced that the Diamond Bar Community Foundation Fundraising Gala would be held on November 10. OCTOBER 25, 2007 PAGE 5 P&R COMMISSION ADJOURNMENT: With no further business before the Parks & Recreation Commission, Chair/Owens adjourned the meeting at 8:28 p.m. Respectfully Submitted, 1s/ Bob Rose BOB ROSE, SECRETARY Attest: Ted Owens TED OWENS, CHAIRMAN CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.3 Meeting Date: December 4, 2007 AGENDA REPORT FROM: James DeStefano, City Ma TITLE: Ratification of Check Registddad November 15, 2007 through November 28, 2007 totaling $1,265,980.26. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $1,265,980.26 in City funds. BACKGROUND: The Ciity 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 ISCUSSION:The attached check register containing checks dated November 15, 2007 through November 28, 2007 for $1,265,980.26 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: 17inanc6 Director Assistant City Manager Attachments: Affidavit and Check Register— 11/15/07 through 11/28/07. 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 November 15, 2007 through November 28, 2007 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $681,235.06 Prop A - Transit Fund 213,957.38 Int. Waste Mgt Fund 6,471.43 AB2766 - AQMD Fund 2,050.50 CDBG Fund 3,237.87 LLAD #38 Fund 12,568.45 LLAD #39 Fund 4,263.59 LLAD #41 Fund 4,592.19 Capital Improvement Project Fund 337,603.79 $1,265,980.26 Signed: Li da G,. 1 /lag u n Finance Director City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Che k N b c um er Vendor Name Transaction Description 11/15/20vvl U -PP 23 PAYKOLL TRANSFER P/R TRANSFER-07/PP 23 11/15/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 23 11/15/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 23 11/15/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 23 11/15/2007 PAYROLL TRANSFER P/R TRANSFER-07/PP 23 Fund/ Dept Acct # Amount Total Check Amount 118 10200 1,200.50 $150,186.83 125 10200 982.87 PROF.SVCS-FPL 2002-65 001 10200 140,254.09 11/15/2007 112 10200 4,475.90 ADMIN FEE -FPL 2002-65 115 10200 3,273.47 78021 11/15/2007 78018 3CMA MEMBERSHIP DUES-P/INFO 1 0014095 1 42315 1 750.00 $750.00 11/15/2007 23010 BONTERRA CONSULTING INC. 11/15/2007 78019 JAGRICULTURAL COM WGHTS & MEASURES COYOTE CONTROL SVCS -SEPT 0014431 45406 PROF.SVCS-FPL 2002-65 11/15/2007 23010 1 1 129.431 $129.43 11/15/2007 78020 IBENESYST 11/16/07-P/R DEDUCTIONS 001 1 21105 335.76 $335.76 ADMIN FEE -FPL 2002-65 11/15/2007 23010 11/15/2007 78021 BO 78026 JEDUCATION 11/15/2007 78022 DENNIS CAROL 11/15/2007 1 78023 NTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 11/15/2007 23010 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 11/15/2007 1 78024 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 11/15/2007 23010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 11/15/2007 1 78025 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-65 11/15/2007 23010 BONTERRA CONSULTING INC. ADMIN FEE -FPL 2002-09 11/15/2007 78022 DENNIS CAROL 11/15/2007 1 78023 DENNIS CAROL PROF.SVCS-PLNG COMM 001 23010 4,085.17 PROF.SVCS-PLNG COMM 11/15/2007 1 78024 DENNIS CAROL PROF.SVCS-CC MTG 11/15/2007 23010 DENNIS CAROL PROF.SVCS-PLNG COMM 11/15/2007 1 78025 DENNIS CAROL PROF.SVCS-PLNG COMM 11/15/2007 1 78023 DIANA CHO & ASSOCIATES ICONSULTANT SVCS SEPT 07 001 23010 4,085.17 11/15/2007 1 78024 IDIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS OCT 001 23010 11, 904.55 11/15/2007 11/15/2007 1 78025 DOUG MARTIN CONTRACTING CO INC DOUG MARTIN CONTRACTING CO INC RETENTION PAYABLE SLURRY SEAL PROJ-ZONE 1 001 23010 735.33 11/15/2007 78026 JEDUCATION TO GO CONTRACT CLASS FALL 11/15/2007 78027 EMPLOYMENT DEVELOPMENT DEPARTMENT JUNEMPLYMT CHRGS-JUL-SEPT Page 1 001 34430 -735.33 $10,698.81 001 23010 4,085.17 001 23010 6,613.64 $85.00 001 23010 11, 904.55 001 34430 -11,904.55 001 23010 735.33 0015210 44000 300.00 $1,175.00 0015210 44000 75.00 0014030 44000 250.00 $85.00 0015210 44000 200.00 0015210 44000 350.00 1255215 1 44000 1 2,025.001 $2,025.00 1125553 1 45529 $33,206.08 250 20300 -37,400.96 $336,608.66 2505510 R46411 374,009.62 0015350 45320 52.00 $52.00 0014090 1 40093 85.00 $85.00 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name Transaction Description /i5/2"uv7 78u28 EVERGREEN INTERIORS PLANT MAINT-C/HALL OCT 11/15/2007 45535 EVERGREEN INTERIORS PLANT MAINT-LIBRARY OCT 11/15/2007 EXPRESS MAIL -GENERAL EVERGREEN INTERIORS PLANT MAINT-LIBRARY Fund/ Dept Acct # Amount Total Check Amount 0014090 42210 223.60 $427.60 0014090 42210 104.00 0014090 42210 100.00 11/15/2007 1 78029 1EXECUTIVE PROMOTIONAL PRODUCTS INC PROMO ITEMS-P/INFO 11/15/2007 0014095 41400 308.111 $308.11 FOOTHILL TRANSIT CITY SUBSIDY -OCT 07 11/15/2007 45535 11/15/2007 78030 IFEDEX EXPRESS MAIL -GENERAL FOOTHILL TRANSIT 0014090 42120 250.71 $250.71 11/15/2007 45535 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 11/15/2007 78031 JALEH FERDOWSIAN RECREATION REFUND 41300 001 34740 138.00 $138.00 11/15/2007 78032 $44.50 11/15/2007 1125553 45535 FOOTHILL TRANSIT FOOTHILL PASSES -OCT 07 11/15/2007 45533 FOOTHILL TRANSIT CITY SUBSIDY -OCT 07 11/15/2007 45535 FOOTHILL TRANSIT FOOTHILL PASSES -OCT 07 11/15/2007 45535 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 11/15/2007 45535 FOOTHILL TRANSIT FOOTHILL PASSES -COMM 11/15/2007 45533 FOOTHILL TRANSIT CITY SUBSIDY -OCT 07 1125553 45535 12,400.00 $16,368.75 1125553 45533 275.00 $850.00 1125553 45535 1,100.00 1125553 45535 -465.00 11/15/2007 1125553 45535 -41.25 1125553 45533 3,100.00 0015510 11/15/2007 78033 GOVPARTNER REQUEST PARTNER SVCS-NOV 0015210 42330 :::120.00 .00 $850.00 1185098 44030 850.001 11/15/2007 78034 GRAND MOBIL VEH MAINT-P/WKS 0015510 41300 44.50 $44.50 11/15/2007 78035 GRAPHICS UNITED PRINT SVCS -NEWSLETTER $1,746.28 0014095 44000 1,746.28 11/15/2007 78036 JEDWARD HOMOLA RECREATION REFUND 001 34720 52.00 $52.00 11/15/2007 78037 INT'L COUNCIL OF SHOPPING CENTERS MEMBERSHIP DUES-CMGR 0014030 42315 1 100.00l $100.00 11/15/2007�780�381N�T'LCOUNCIL OF SHOPPING CENTERS ICSC CONF-CMGR11/15/2007 NCIL OF SHOPPING CENTERS 11CSC CONF-FONG 11/15/2007 78039 JOE A. GONSALVES & SON INC. LEGISLATIVE SVCS-NOV 07 0014030 44000 3,000.00 $3,000.00 11/15/2007 78040 LAFCO PROCESSING FEE-CRESTL 0015210 $1,500.00 44220 1,500.00 11/15/2007 78041 LD M ASSOCIATES INC. PROF -SVCS -FPL 2006-220 11/15/2007 LDM ASSOCIATES INC. PROF -SVCS -FPL 2007-253 11/15/2007 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-15 Page 2 0015240 42330 93.75 $240.000015240 0015210 42330 :::120.00 .00 0015210 44250 93.75 $2,730.50 0015210 44250 1,031.01 0015210 44250 978.24 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name Transaction Description I i/IJ/2DD7 78041... LUM ASSOCIATES INC. ADMIN FEE -FPL 2007-281 11/15/2007 $2,730.50... LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-277 11/15/2007 168.75 LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-281 11/15/2007 44250 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-277 11/15/2007 001 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-277 11/15/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-281 11/15/2007 45535 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-253 11/15/2007 82.58 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-15 11/15/2007 34430 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-15 11/15/2007 001 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-220 11/15/2007 42130 LDM ASSOCIATES INC. ADMIN FEE -FPL 2006-220 11/15/2007 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-253 11/15/2007 Fund/ Dept Acct # Amount Total Check Amount 1 44100 1130.00 001 34430 -82.58 $2,730.50... METROLINK 0015210 44250 168.75 65,870.76 $73,775.75 0015210 44250 458.75 MEMO CREDIT -PASSES RTN 1125553 001 23010 30.38 11/15/2007 001 34430 -30.38 45535 -5,930.00 001 23010 82.58 METROLINK CITY SUBSIDY -OCT 07 001 34430 -185.58 11/15/2007 001 23010 176.08 0014440 42130 001 34430 -176.08 001 23010 16.88 78.75 $78.75 001 34430 -16.88 PLNG. COMM -SEPT 07 0015210 001 23010 185.58 11/15/2007 78042 JKWANG HO LEE PLNG COMM -SEPT 07 0015210 1 44100 1130.00 $130.00 11/15/2007 11/15/2007 78043 METROLINK METROLINK PASSES -OCT 07 1125553 45535 65,870.76 $73,775.75 11/15/2007 METROLINK MEMO CREDIT -PASSES RTN 1125553 45535 -3,375.00 11/15/2007 METROLINK MEMO CREDIT -PASSES RTN 1125553 45535 -5,930.00 METROLINK CITY SUBSIDY -OCT 07 1125553 45533 17,209.99 11/15/2007 78044 IMOBILE RELAY ASSOCIATES INC REPEATER SVCS-NOV 07 0014440 42130 78.75 $78.75 11/15/2007 78045 STEVE G NELSON PLNG. COMM -SEPT 07 0015210 44100 130.00 $130.00 11/15/2007 78046 KATHLEEN ERIN NOLAN fPLNG COMM -SEPT 07 0015210 44100 130.00 $130.00 11/15/2007�78047�YMPIC STAFFING SERVICES TEMP SVCS -WK 10117 0014030 44000 11!15/2007 YMPIC STAFFING SERVICES TEMP SVCS-PLNG WK 10/17 0015210 44000 24.00 $317.76 293.76 11/15/2007 78048 ONTARIO ICE SKATING CENTER ICONTRACT CLASS -FALL 0015350 45320 57.60 $57.60 11/15/2007 78049 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 11/15/2007 PERS RETIREMENT FUND RETIRE CONTRIB-EE 13,966.37 $22,981.61 11/15/2007 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 8,969.67 001 21109 45.57 11/15/2007 1 78050 IPERS RETIREMENT FUND IRETIRE CONTRIB-ER 001 1 21109 325.56 (Z rd) nn Page 3 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount i ii i5/2007 11/15/2007 78U5U... PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-EE SURVIVOR BENEFIT 001 001 21109 21109 208.88 8.00 $542.44 ... 11/15/2007 78051 RAGAN COMMUNICATIONS INC ISUBSCRIPTION-I.T. 0014070 1 42320 29.95 $29.95 11/15/2007 11/15/2007 11/1512007 11/15/2007 78052 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 ELECT SVCS -DIST 41 ELECT SVCS -DBC 1385538 1385538 1415541 0015333 42126 42126 42126 42126 15.00 16.90 14.85 4.535.45 $4,582.20 11/15/2007 1 78053 ITHE FINDLEY REPORTS PROF.SVCS-CAFR 1 0014050 1 44000 50.00 $50.00 PLAQUE -COMM SVCS 0015350 11/15/2007 78054 THE ORANGE COUNTY REGISTER PUBLICATIONS-CMGR 1 0014090 US BANK SUPPLIES -DBC 0015333 1 42320 50.91 f $50.91 11/15/2007 US BANK SUPPLIES -COMM DEV 0015210 11/15/2007 78055 ITHREE VALLEYS MUNICIPAL WATER DIST MTG-CMGR 10/18 1 0014030 US BANK SCAG WKSHP-GUBMAN 0015210 1 42325 15.001 $15.00 11/15/2007 US BANK SUPPLIES -SR DANCE 0015350 11/15/2007 78056 ITIME WARNER MODEM SVCS -COUNCIL 1 0014010 US BANK SUPPLIES -COMM SVCS 0015350 42130 44.951 $44.95 11/15/2007 US BANK SUPPLIES-CRPS RAFFLE 0015333 11/15/2007 78057 ULI THE URBAN LAND INSTITUTE PUBLICATIONS -COMM DEV 0015210 US BANK MEMBERSHIP DUES-LIU 0015510 42320 181.491 $181.49 11/15/2007 11115/2007 78058 US BANK US BANK PLAQUE -COMM SVCS 0014090 41200 88.82 $7,405.93 PLAQUE -COMM SVCS 0015350 41200 145.57 11/15/2007 US BANK SUPPLIES -DBC 0015333 41200 123.35 11/15/2007 US BANK SUPPLIES -COMM DEV 0015210 41200 9.73 11/15/2007 US BANK SCAG WKSHP-GUBMAN 0015210 42335 13.50 11/15/2007 US BANK SUPPLIES -SR DANCE 0015350 41200 180.15 11/15/2007 US BANK SUPPLIES -COMM SVCS 0015350 41200 11.36 11/15/2007 US BANK SUPPLIES-CRPS RAFFLE 0015333 41200 25.00 11/15/2007 US BANK MEMBERSHIP DUES-LIU 0015510 42315 317.00 11/15/2007 US BANK SYC CYN ADA -SIGNS 2505310 46415 995.13 11/1512007 US BANK LEAGUE CONF-MCLEAN 0014030 42330 425.00 11/15/2007 US BANK SUPPLIES -COMM SVCS 0015350 41200 1,096.17 11/15/2007 US BANK MISAC CONF-I.T. 0014070 42330 812.89 11/15/2007 US BANK CITY VIEW MTG-I.T. 0014070 42325 28.00 11/15/2007 US BANK SUPPLIES -PARKS 0015340 41200 225.55 11/15/2007 US BANK EQ -PARKS 1 0015340 46250 722.87 Page 4 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date 11!15/2007 Check Number 75058 Vendor Name ^"•" Transaction Description Fund/ Dept $7,405.93... 42320 Uo DMI 14n AD-H/R 0014060 11/15/2007 0015333 1385538 US BANK PUBLICATIONS-H/R 0015510 11115/2007 US BANK MTG SUPPLIES-P/WKS 0015510 11115/2007 US BANK SUPPLIES -HAUNTED HOUSE 0015350 11/15/2007 $109.46 US BANK CONF-C/CLRK 0014030 11/15/2007 88.82 US BANK MTG SUPPLIES-H/R 0014060 11/15/2007 0014070 US BANK SUPPLIES -GENERAL 0014030 11/15/2007 1,124.17 US BANK MTG SUPPLIES -GENERAL 0014090 11/15/2007 39.00 US BANK CITY VIEW CONF-FONG 0015210 11/1512007 US BANK PLAQUE -COMM SVCS 0014090 Acct # I Amount I Total Check Amount 42115 225.76 $7,405.93... 42320 274.89 21108 � ivy 1 42325 36.91 0015333 1385538 41200 548.83 65.00 42325 444.00 78060 42325 28.93 0014090 41200 42.55 1415541 42325 522.74 $109.46 42330 42.94 42330 41200 88.82 11/15/2007 11/15/2007 I 78059 IVANTAGEPOINT TRNSFR AGNTS-303248 11/16/07-P/R DEDUCTIONS DEDUCTIONS - .. _.._ •••• � 001 45320 42126 11/15/2007 21108 � ivy 1 5,145.511 $5,74b.b7 0015333 1385538 42126 42126 11/15/2007 65.00 WALNUT VALLEY WATER DISTRICT 11/15/2007 78060 VERIZON CALIFORNIA PH.SVCS-TELEWORKS ACIS 0014090 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42125 109.46 $109.46 CONF-COUNCIL 0014010 42330 150,001 $150.00 11/15/2007 78061 VERMONT SYSTEMS INC COMP MAINT-INFO SYS 0014070 I 42205 1,124.17 $1,124.17 11/15/2007 11/15/2007 78062 WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS WATER SVCS -DBC 0015340 45320 42126 11/15/2007 11/15/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 0015333 1385538 42126 42126 11/15/2007 65.00 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 11/15/2007 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 8,528.44 $25,408.73 174.93 10,946.32 2,722.65 3,036.39 11/15/2007 i 78063 LE HONG WANG CONTRACT CLASS -FALL nnuaan 45320 11/15/2007 78064 OSMAN WEI PLNG COMM -SEPT 07 0015210 44100 65.00 $65.00 11/15/2007 78065 WELLS FARGO BANK CONF-COUNCIL 0014010 42330 150,001 $150.00 11/15/2007 78066 WESTERN CITY MAGAZINE PUBLICATIONS -INFO SYS 0014070 1 42320 39.00 $39.00 11/15/2007 78067 PAUL WRIGHT A/V SVCS-PLNG,CNCL MTG 0014090 44000 192.50 $192.50 11/15/2007 78068 XAVIERS FLORIST SGVCOG-MARCELLIN 1 0014090 41400 75.78 $75.78 11/15/2007 1 78069 JYI TONY TORNG PLNG COMM -SEPT 07 1 0015210 1 44100 1 130.001 $130.00 Page 5 Page 6 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name::��� Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/15/2007 1 78n70 IYOSEMITE 'vvATE ������ � � vVM 1 CK EQ RENTAL-OCT 07 0015310 42130 13.75 $13.75 11/21/2007 78071 SIL ADDASI PK REFUND-REAGAN 001 23002 50.00 $50.00 78072 ADVANCED APPLIED ENGINEERING INC PROF-SVCS-EN 07-557 [11121/27007 ADVANCED APPLIED ENGINEERING INC ADMIN FEE-EN 07-557 001 23012 1,350.00 $1,350.00 ADVANCED APPLIED ENGINEERING INC ADMIN FEE-EN 07-557 001 23012 337.50 001 34650 -337.50 11/21/2007 78073 ADVANCED INFRASTRUCTURE MGT, INC SONSULTANT SVCS-SEPT 07 0014050 R44000 10,458.00 $10,458.00 11/21/2007 78074 AMERITECH BUSINESS SYSTEMS COPIER MAINT-OCT/NOV 0014090 42100 970.85 $970.85 11/21/2007 78075 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 06-542 001 34650 -239.40 $2,310.00 11/21!2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 06-542 001 23012 59.40 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 001 34650 59.40 11/21/2007 ARROYO GEOTECHNICAL CORP PROF-SVCS-EN 07-575 001 34650 -57.60 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 001 23012 1,330.00 11/21/2007 ARROYO GEOTECHNICAL CORP 001 23012 239.40 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 001 23012 59.40 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 001 34650 -59.40 11/21/2007 ARROYO GEOTECHNICAL CORP ADMIN FEE-EN 07-575 001 23012 57.60 11/21/2007 ARROYO GEOTECHNICAL CORP PROF-SVCS-EN 06-542 001 23012 330.00 11/21/2007 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 07-575 001 23012 320.00 PROF.SVCS-EN 07-575 001 23012 330.00 11/21/2007 78076 BALDWIN PUBLICATIONS INC PRINT SVCS-A/P CHECKS 0014050 42110 464.03 $464.03 11/21/2007 78077 BENESYST FLEX ADMIN SVCS-4TH QTR 0014060 42346 196.86 $96.86 11/21/2007 78078 JOHN E BISHOP CONTRACT CLASS-FALL 0015350 45320 124.00 $24.00 11/21/2007 78079 BONTERRA CONSULTING INC. ADMIN FEE-FPL 2002-65 11/21/2007 BONTERRA CONSULTING INC. PROF-SVCS-FPL 2002-09 001 34430 -432.91 $5,211.68 11/21/2007 BONTERRA CONSULTING INC. 001 23010 2,806.64 11/21/2007 BONTERRA CONSULTING INC. PROF-SVCS-FPL 2002-65 001 23010 2,405.04 11/21/2007 BONTERRA CONSULTING INC. ADMIN FEE-FPL 2002-09 001 23010 505.20 ADMIN FEE-FPL 2002-09 001 34430 5n5 9n Page 6 Page 7 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name �ransac�tionDesc�dption Fund/ Dept Acct # Amount Total Check Amount 11/21/2007 7,8079... 1BONTERRA CONSUL ING INC. ADMIN FEE -FPL 2002-65 001 23010 432.91 $5,211.68 ... 11/21/2007 78080 CAPIO MEMBERSHIP DUES -M ROA 0014095 42315 175.00 $175.00 11/21/2007 78081 ALFONA CHAK PK REFUND -HERITAGE 001 23002 50.00 $50.00 11/21/2007 78082 ILUNG CHANG RECREATION REFUND 001 34740 35.001 $35.00 11/21/2007 78083 TINA CHANG CONTRACT CLASS -FALL 0015350 45320 TINA CHANG CONTRACT CLASS -FALL 0015350 45320 T379.0011/21/2007 0 11/21/2007 78084 SANDRA CLARKE REIMB-VOL PTRL MTG 0014415 42325 176.14 $176.14 11/21/2007 78085 COMLOCK SECURITY GROUP SUPPLIES -COMM SVCS 0015310 42200 28.55 $28.55 11/21/2007 78086 CONSTANCE J. LILLIE CONTRACT CLASS -FALL 0015350 45320 630.60 $630.60 11/21/2007F78117 MICAH CROSSMAN FACILITY REFUND -DBC 11/21/2007 MICAH CROSSMAN 001 23002 100.00 $50.00 FACILITY RENTAL -DBC 001 36615 -50.00 11/21/2007 78088 JDAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS -OCT 07 0014020 44023 3,199.061 $3,199.06 11/21/2007 78089 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 600.79 $600.79 11/21/2007 78090 DEPARTMENT OF JUSTICE PRE-EMPLOYMENT SCREENING 0014060 42345 1 160.00 $160.00 11/21/2007 78091 JEDWARD F FLACKS REIMB-CACE CONF 0015230 42330 1 25.07 $25.07 11/21/2007 78092 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-281 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-289 001 23010 32.50 $232.65 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-268 001 23010 32.50 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -COMM DEV 001 23010 32.50 11/2112007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-270 0014090 42120 37.65 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL FPL 2007-272 001 23010 16.25 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-281 001 23010 16.25 11/21/2007 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL 001 23010 32.50 -FPL 2007-283 001 23010 32 �n Page 7 11/21/2007 11/21/2007 78100 City of Diamond Bar - Check Register 11/15/07 thru PROF.SVCS-PLAN CHECK 11/28/07 0015551 45223 187.75 $6,184.54 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 45223 1t/21/2n07 78093 FEDEX EXPRESS MAIL -GENERAL PROF.SVCS-EN 04-420 0014090 42120 121.67 $121.67 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 07-588 001 11/21/2007 78094 DAVID FERNANDEZ CONTRACT CLASS -FALL HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 0015350 1 45320 1,083.00 $1,083.00 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 11/21/2007 78095 FOOD FROM THE HEARTH CATERING FOOD-VETRNS DAY RECOG HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 1 0015350 45300 1,713.231 $1,713.23 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 11/21/2007 78096 ICYNTHIA GAUTREAU IFACILITY REFUND -DBC HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 001 36615 295.001 $295.00 HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 11/21/2007 11/21/2007 11/21/2007 78097 GFB FRIEDRICH & ASSOCIATES INC. GFB FRIEDRICH & ASSOCIATES INC. GFB FRIEDRICH & ASSOCIATES INC. 11/21/2007 LNDSCP ASSESSMNT-DIST 38 LNDSCP ASSESSMNT-DIST 39 LNDSCP ASSESSMNT-DIST 41 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 23012 125.00 1385538 1395539 1415541 R44000 R44000 R44000 1,540.94 1,540.94 1,540.95 $4,622.83 001 23012 123.75 11/21/2007 11/21/2007 78098 IGRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL -OCT 07 34650 -123.75 11/21/2007 $6 660 00 1 0015230 1 45520 6,660.00 11/21/2007 11/21/2007 78100 HALL & FOREMAN, INC. HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 187.75 $6,184.54 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 562.50 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 623.62 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 04-420 001 23012 500.00 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 07-588 001 23012 750.25 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 321.72 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 34650 -125.00 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 R45227 239.06 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 105.12 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 23012 183.75 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 01-323 001 34650 -183.75 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 04-420 001 23012 125.00 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-543 001 23012 123.75 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 06-543 001 34650 -123.75 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 01-323 001 23012 735.00 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 23012 187.50 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 34650 -187.50 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 06-543 001 23012 495.00 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 23012 187.50 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-554 001 34650 -187.50 11/21/2007 IHALL & FOREMAN, INC. PROF.SVCS-EN 07-554 001 23012 750.00 ADMIN FEE -EN 07-575 001 23012 41.13 Page 8 Page 9 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/21/2007 1 7&1 nn uALL' �^�� 11/21/2007 u I vI F_IVIMIV, IIVI.. HALL& FOREMAN, INC. ADMIN FEE -EN 07-575 001 34650 41.13 $6,184.54... 11/21/2007 HALL & FOREMAN, INC. PROF.SVCS-EN 07-554 001 23012 750.00 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 23012 187.56 11/21/2007 HALL & FOREMAN, INC. ADMIN FEE -EN 07-588 001 34650 -187.56 PROF -SVCS -EN 07-575 001 23012 164.52 11/21/2007 78101 HIRSCH PIPE AND SUPPLY INC MAINT-PARKS 0015340 42210 1,013.07 $1,013.07 11/21/2007 78102 JERIK HOECKMANN PK REFUND-PANTERA 001 1 23002 50.00 $50.00 11/21/2007 78103 KEVIN HOUSE T & T COMM -11/8 0015510 1 44100 1 45.00 $45.00 11/21/2007 78104 INLAND EMPIRE STAGES EXCURSION -TRANSPORTATION 1125350 45310 1,249.00 $1,249.00 11/21/2007 78105 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-NOV 07 0015350 45300 2,160.00 $2,160.00 11/21/2007 78106 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-270 11/21/2007 INLAND VALLEY DAILY BULLETIN 001 23010 262.50 $1,600.00 11/21/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC HEARING 0014030 42115 380.00 11/21/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -PUBLIC HEARING 0014030 42115 190.00 11/21/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG 1255215 42115 230.00 11/21/2007 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2007-244 001 23010 260.00 LEGAL AD -FPL 2006-197 001 23010 277.50 11/21/2007 78107 ISAAC H AZIZ TUITION REIMB-FY 07/08 0014060 42341 1,446.00 $1,446.00 11/21/2007 78108 JOBS AVAILABLE AD-H/R NOV 07 0014060 42115 1 102.001 $102.00 11/21/2007 78109 JUDICIAL DATA SYSTEMS CORPORATION PARKING CITE ADMIN 07 -OCT 0014411 1 45405 g24,gg $824.96 11/21/2007 78110 CAROLINE KEEREEKIN FACILITY RENTAL -DBC 001 1 36615 1 400.00 $400.00 11/21/2007 78111 WOO HYUN KIM PK REFUND -PETERSON 001 23002 50.001$50.00 11/21/2007 78112 GABRIELA KLEIN CONTRACT CLASS -FALL 0015350 45320 1,260.00 $1,260.00 11/21/2007 78113 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS 11/21/2007 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS 0014095 41400 26.01 $2,410.79 0014095 1 41400 2,267.71 Page 9 Page 10 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Transaction Description Check Date Check Number Vendor Name Fund/ Dept Acct # Amount Total Check Amount 11/21/2007 78113 LANDe' � ^ m �,., �..__.—_ 11/21/2007 • Q MINI DUJINESS OU I FI I I ERS STAFF SHIRTS 0014095 41400 91.06 $2,410.79 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS ... 0014095 41400 26 01 11/21/2007 78114 DEAN LECESNE REIMB-SUPPLIES 0014415 42325 1 56.55 $56.55 11/21/2007 78115 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-567 11/21/2007 LEIGHTON & ASSOCIATES, INC. 001 230127418.12 $1,464.53 LEIGHTON & ASSOCIATES, INC. PROF -SVCS -EN 07-585 001 2301211/21/2007 & ASSOCIATES, INC. PROF.SVCS-EN 07-58511/21/2007 001 23012LEIGHTON LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-585 001 3465011/21/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-56711/21/2007 001 23012. 11/21/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-567 001 34650 -25.34 11/21/2007 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-585 001 23012 75.26 11/21/2007 ILEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-585 001 34650 -75.26 ADMIN FEE -EN 07-585 001 23012 163.01 11/21/2007 78116 ILIANA PINCHER T & T COMM -11/8 0015510 1 44100 45.001 $45.00 11/21/2007 78117 JIMMY LIN T & T COMM -11/8 0015510 44100 45.00 $45.00 11/21/2007 78118 LOS ANGELES COUNTY MTA MTA TOKENS -JULY 07 11/21/2007 LOS ANGELES COUNTY MTA 1125553 45535 2,500.00 $5,595.50 11/21/2007 LOS ANGELES COUNTY MTA CITY SUBSIDY-NOV 07 1125553 45533 840.35 MTA PASSES-NOV 07 1125553 45535 2,255.15 11/21/2007 78119 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -OCT 07 11/21/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. 0014411 45401 350,928.86 $359,331.87 11/21/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS-JUL 07 0014411 45401 491.11 11/21/2007 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -OCT 07 1125553 45402 135.15 CALVARY CHAPEL -OCT 07 0014411 45402 7,776.75 11/21/2007 78120 KATHERINE MARALIT FACILITY REFUND -DBC 001 23002 100.00 $100.00 11/21/2007 78121 METROLINK CITY SUBSIDY-NOV 07 11/21/2007 METROLINK 1125553 45533 16,717.55 $79,151.25 11/21/2007 METROLINK METROLINK PASSES-NOV 07 1125553 45535 66,870.20 MEMO CREDIT -PASSES RTN 1125553 45535 -4,436.50 11/21/2007 78122 MOBILE INDUSTRIAL SUPPLY INCORP EQ RENTAL-DBCDBC OCT 0015333 1 41200 1 8.001 $8.00 Page 10 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount I ii2 i/2007 18123 IKENNETH MOK T & T COMM -11/8 0015510 44100 45.001 $45.00 11/21/2007 I 78124 (MOONLIGHT PRESS 11/21/2007 MOONLIGHT PRESS PRINT SVCS-PLNG SUPPLIES-P/WORKS 0015210 41200 190.52 $381.04 0015510 1 41200 190.52 $10,165.80 11/21/2007 78125 COLLEEN MOSKAL FACILITY RENTAL -DBC 0015554 0015554 0015554 0015554 45507 45507 45507 45507 6,196.44 325.04 360.00 3,284.32 $10,165.80 001 1 23002 1 350.001 $350.00 1 001 23002 1 100.001 $100.00 11/21/2007 11/21/2007 78126 NEXTEL COMMUNICATIONS CELL CHRGS-P/W,C/S,C/D 0014090 50.00 $50.00 11/21/2007 1 42130 529.38 $529.38 0014090 44000 302.64 $302.64 11/21/2007 11/21/2007 78127 IVINO PALACIO PK REFUND-REAGAN 001 40.001 $40.00 41200 23002 50.001 $50.00 11/21/2007 11/21/2007 78128 PROTECTION SERVICE INDUSTRIES LP ALARM SVCS -DBC 1 0015333 23002 42210 52.501 $52.50 11/21/2007 11/21/2007 78129 R F DICKSON COMPANY R F DICKSON COMPANY STREET SWEEPING-SEPT/OCT DEBRIS COMPOSTING -SEPT 0015554 0015554 0015554 0015554 45507 45507 45507 45507 6,196.44 325.04 360.00 3,284.32 $10,165.80 0015554 1155515 45501 1 45500 9,323.47 3,197.96 $12,521.43 11/21/2007 11/21/2007 11/21/2007 11/21/2007 78130 REPUBLIC ELECTRIC REPUBLIC ELECTRIC REPUBLIC ELECTRIC REPUBLIC ELECTRIC CITY-WIDE TRAFFIC -SEPT CITY-WIDE TRAFFIC -AUG 07 CITY-WIDE TRAFFIC -AUG CITY-WIDE TRAFFIC -SEPT 0015554 0015554 0015554 0015554 45507 45507 45507 45507 6,196.44 325.04 360.00 3,284.32 $10,165.80 11/21/2007 78131 JOSE REYES FACILITY RENTAL -DBC 1 001 23002 1 100.001 $100.00 11/21/2007 78132 ISAN GABRIEL VALLEY CITY MGR ASSC IMEMBERSHIP DUES -FY 07/08 0014030 42315 50.00 $50.00 11/21/2007 78133 ISECTRAN SECURITY INC. COURIER SVCS-NOV 07 0014090 44000 302.64 $302.64 11/21/2007 78134 SGV COUNCIL OF GOVERNMENTS TAC MTG-LIU/YEE 1 0015510 1 42325 1 40.001 $40.00 11/21/2007 1 78135 IMICHAEL SHAY T & T COMM -11/8 0015510 1 44100 1 45.001 $45.00 11/21/2007 78136 SIGN CONTRACTORS INC BANNERS -COMM SVCS 0015350 45300 4,328.61 $4,328.61 11/21/2007 78137 SIRCHIE FINGER PRINT LAB INC SUPPLIES -SHERIFF 0014411 41200 -402.831$402.83 11/21/2007 78138 ELEVELYN SOLOMATOV PK REFUND-SYC CYN PK001 23002 70.00 $70.00 Page 11 Page 12 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 Check Date Check Number Vendor Name I Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/21/2007 1 78139 1 Sr111TNGRni Frei ic�ouin , 11/21/2007 --- • ��� �., �uiJvry SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFIC 0015510 42126 1,638.92 $3,826.25 11/21/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 49.29 11/2112007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFIC 0015510 42126 533.26 11/21/2007 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRAFFIC 0015510 42126 1,007.94 ELECT SVCS-TRAFFIC 0015510 42126 596.84 11/21/2007 78140 SYLVIA SPEAR 11/21/2007 SYLVIA SPEAR FACILITY REFUND-DBC 001 23002 500.00 $480.00 PROPERTY DAMAGE 001 36810 -20.00 11/21/2007 78141 TENNIS ANYONE •nr. F. L, CONTRACT CLASS-FALL AL 0015350 45320 5 048 40 $5 048 40 11/21/2007 78142 THE COMDYN GROUP INC 11/21/2007 THE COMDYN GROUP INC CONSULTANT SVCS-WK 10/26 0014070 44000 2,839.88 $3,739.88 CONSULTANT SVCS-WK 10/26 0014070 44000 900.00 11/21/2007 78143 THE GAS COMPANY 11/21/2007 THE GAS COMPANY GAS SVCS-HERITAGE PK 0015340 42126 1D1.51 $660.69 GAS SVCS-DBC 0015333 42126 559.18 11/21/2007 78144 THE KOREA TIMES INC en_ci err �i n " 0014030 42390 240 00 $240.00 11/21/2007 78145 THE SAN GABRIEL VALLEY NEWSPAPER GR CE 11/21/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR GAL 2007-289 001 23010 162.84 $631.60 11/21/2007 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2007-244 001 23010 298.08 LEGAL AD-PUBLIC HEARING 0014030 42115 170.68 11/21/2007 78146 UCN INC .. I nnic Hier -,x/CS-OCT V 0, 0014090 42125 55 94 $55.94 11/21/2007 78147 ULTRASYSTEMS 11/21/2007 ULTRASYSTEMS ADMIN FEE-FPL 2005-145 001 23010 568.74 $3,159.64 11/21/2007 ULTRASYSTEMS ADMIN FEE-FPL 2005-145 001 34430 -568.74 PROF.SVCS-FPL 2005-145 001 23010 3,159.64 11/21/2007 78148 US HEALTHWORKS MEDICAL GROUP PC 11/21/2007 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 42345 242.00 $534.00 11/21/2007 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT SCREENING 0014060 42345 242.00 WELLNESS PGM-FLU SHOTS 0014060 42345 50.00 11/21/2007 78149 VALLEY TROPHY SUPPLIES-COMM SVCS 0015350 41200 16.24 $16.24 11/21/2007 78150 VERIZON CALIFORNIA PH SVCS GENERAL 0014090 1 42125 1 655 Page 12 Page 13 City of Diamond Bar - Check Register 11/15/07 thru 11/28/07 ' Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/21/2007 78150... IVERIZON CALIFORNIA 11/21/2007 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 42125 89.48 $1,054.06.. 11/21/2007 VERIZON CALIFORNIA PHMODEM 0014090 42125 32.68 11/21/2007 VERIZON CALIFORNIA PH -SVCS -GENERAL 0014090 42125 34.89 11/21/2007 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 68.64 11/21/2007 VERIZON CALIFORNIA PH.SVCS-HERITAGE P/PH 0015340 42125 89 .48 PH.SVCS-PANTERA P/PH 0015340 42125 83.60 11/21/2007 78151 WEST COAST MEDIA AD -DBC NOV 07 0014095 42115 $525.00 525.00 11/21/2007 78152 RAY WOLFE PK REFUND-PANTERA 001 23002 50.00 11/21/2007 78153 MANDY YIP $50.00 FACILITY RENTAL -DBC 001 23002 $500.00 500.00 11127/2007 78154 JUS POSTMASTER POSTAGE -NEWSLETTER 0014095 42120 $3, 500.00 3,500.00 $1,265,980.26 Page 13 CITY COUNCIL Agenda # 6.4 Meeting Date: Dec 4, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma a TITLE: Treasurer's Statement of October 00 and Revised Treasurer's Statements of June, July, August and September 2007 RECOMMENDATION: Approve the Treasurer's Statement of October 2007 and the revised Treasurer's Statements of June, July, August and September 2007 FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. The October statement shows the October cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. Also included is a separate investment portfolio report which details the activities of the City's investments. All investments have been made in accordance with the City's Investment Policy. Since the City's audit firm, Diehl, Evans and Associates, L.L.P., has completed the audit for FY 06-07 and the year end numbers have been finalized, revised treasurer's statements for the months of June, July, August and September are also presented to the City Council for approval. There was no change to the overall cash balances, just changes between the fund amounts. PREPARED BY: Linda G. Magnuson, Finance Director Deparym nt Head Assistant City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2007 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeSte:fano, Treasurer TRANSFERS ENDING BEGINNING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE_ $30,578,196.35 1,306,712.44 $1,069,685.98 ($60,909.61) $30,754,313.20 0.00 GENERAL FUND 0.00 LIBRARY SERVICES FUND 2,685.32 100.00 2,585.32 COMMUNITY ORG SUPPORT FD 331152.37 92,106.41 423,258.78 GAS TAX FUND TRANSIT TX (PROP A) FD , 1,010,626.00 158,807.96 305,730.93 863,703.03 1,790,872.14 TRANSIT TX (PROP C) FD 1,659,163.03 131,709.11 0.00 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 336,041.55 47,905.85 16,156.77 367,790.63 383,329.74 TRAFFIC IMPROVEMENT FUND 383,329.74 442,069.23 AB2928-TR CONGESTION RELIEF FD 442,069.23 3,507.11 62,033.80 AIR QUALITY IMPRVMNT FD 2, (26,825.00) TRAILS & BIKEWAYS FD 6825.91 72 8700000 266,093. , . 353,093.72 PARK FEES FD PROP A - SAFE PARKS ACT FUND 1,060,878.79 0.00 1,060,878.79 1,514,521.47 PARK & FACILITIES DEVEL. FD 1,514,521.47 (11,667.93) 8,977.00 5,334.88 8 025.81) COM DEV BLOCK GRANT FD 113,087.89 115,773.00 228,860.89 CITIZENS OPT -PUBLIC SAFETY FD 338,506.48 NARCOTICS ASSET SEIZURE FD 338,506.48 77,455.86 CA LAW ENFORCEMENT EQUIP PRGI 77,455.86 24,518.92 (61,124.60) LANDSCAPE DIST #38 FD (36,605.68) 19,840.38 949.19 LANDSCAPE DINT #39 FD 20,789.57 51,458.32 11,199.69 40,258.63 LANDSCAPE DINT #41 FD 0.00 GRAND AV CONST FUND 0.00 (3,186,501.77) 287,066.51 (3,473,568.28) CAP IMPROVEMENT PRJ FD 1,300,902.44 SELF INSURANCE FUND 1, 300,902.44 195,834.72 EQUIPMENT REPLACEMENT FUND 195,834.72 196,029.77 COMPUTER REPLACEMENT FUND 196,029.77 127,989.17 315.45 37,700.35 60,909.61 151,513.88 PUBLIC FINANCING AUTHORITY FUN $36,81-0-,7-52-32 1,949,30 1.22 $1,780,841.52 $0.00 $36,979,218.02 TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($144,8p3.44) PAYROLL ACCOUNT CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($87,985.92) INVESTMENT'S: US TREASURY Money Market Acct. $2,704,112.66 LOCAL AGENCY INVESTMENT FD 29,211,577.40 FED HOME LOAN BANK NOTES 5,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 151,513.88 TOTAL INVESTMENTS $37,067,203.94 TOTAL CASH $36,979,218.02 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeSte:fano, Treasurer CITY OF DIAMOND BAR ($137,692.29) TREASURER'S MONTHLY CASH STATEMENT CHANGE FUND 250.00 June 30, 2007 1,000.00 (Revised) ($94,837.83) BEGINNING US TREASURY Money Market Acct. $1,324,036.20 TRANSFERS ENDING 28,394,854.51 BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $33,065,955.40 981,693.81 $1,733,711.47 ($775,631.20) $31,538,306.54 0.00 LIBRARY SERVICES FUND COMMUNITY ORG SUPPORT FD 0.00 (31732.68) 200.00 700.00 8,218.00 (453,200.28) 3,985.32 139,457.10 GAS TAX FUND 411,320.13 1,348,802.00 181,337.25 161,172.31 543,826.96 6,349.16 982,496.51 TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD 1,680,252.10 77,172.54 ( 225,770.45) 1,531,654.19 0.00 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 381,885.03 8,156.00 15,525.73 (26,242.05) 829.74 348,274.25 383,329.74 TRAFFIC IMPROVEMENT FUND 0.00 382,500.00 442,069.23 AB2928-TR CONGESTION RELIEF FD 442,069.23 83,789.30 18,280.94 14,168.61 1,860.40 AIR QUALITY IMPRVMNT FD (38,237.00) 8,559.00 (29662.03 .00) TRAILS & BIKEWAYS FD 219,871.83 2,721.89 222,593.72 PARK FEES FD (2,016.4 PROP A - SAFE PARKS ACT FUND (2,016.41) (228,949.14) 1, ,521.477 PARK & FACILITIES DEVEL. FD 1,743,470.61 (21,426.03) 29,812.70 20,292.90 (9,794.32) (21,700. (21 COM DEV BLOCK GRANT FD 112,743.66 761.63 1,623.08 113,05.1111 CITIZENS OPT -PUBLIC SAFETY FD 4,341.79 338,5506.48 NARCOTICS ASSET SEIZURE FD 334,164.69 993.47 77,455.86 CA LAW ENFORCEMENT EQUIP PRGI 76,462.39 24,781.81 773.08 51,142.25 LANDSCAPE DI:3T #38 FD 75,150.98 117,103.93 5,796.09 1,437.35 112,745.19 LANDSCAPE DU #39 FD 114,186.62 9,958.72 1,382.49 105,610.39 LANDSCAPE DIST #41 FD 0.00 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 0.00 (2,687,730.67) 162,600.47 68,730.89 1,273,267.62 (1,320,593.47) 1,,661.44 SELF INSURANCE FUND 1,392,567.89 218,093.55 25,554.50 195,634.72 195 EQUIPMENT REPLACEMENT FUND 170,280.22 101,231.71 196,029.77 COMPUTER REPLACEMENT FUND PUBLIC FINANCIING AUTHORITY FUNI 94,798.06 286,492.87 1,007.50 44,547.32 78,793.73 321,746.78 TOTALS $39,398,225 15 $2 012 492 52 $2 482 802.13 $17,884.12 $38,945,799.66 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($137,692.29) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($94,837.83) INVESTMENTS: US TREASURY Money Market Acct. $1,324,036.20 LOCAL AGENCY INVESTMENT FD 28,394,854.51 FED HOME LOAN BANK NOTES 9,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 321,746.78 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS $39,040,637.49 TOTAL CASH $38,945,799.66 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The Bove summary provides sufficient cash flow liquidity to meet the next six month's esti to ex ures. Ja s DeStefano, Treasurer July 31, 2007 (Revised) BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS IN LOUT) ENDING BALANCE GENERAL FUND $31,538,306.54 1,544,809.01 $1,806,115.70 ($61,484.10) $31,215,515.75 0.00 LIBRARY SERVICES FUND 0.00 650.00 3,335.32 COMMUNITY ORG SUPPORT FD 3,985.32 139457.10 101,801.83 241,258.93 GAS TAX FUND TRANSIT TX (PR.OP A) FD , 982,496.51 140,620.62 283,797.88 839,319.25 1,586,320.83 TRANSIT TX (PROP C) FD 1,531,654.19 54,666.64 0.00 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 348,274.25 43,479.25 18,634.23 373,119.27 383,329.74 TRAFFIC IMPROVEMENT FUND 383,329.74 442,069.23 AB2928-TR CONGESTION RELIEF FD 442,069.23 51 10,914.17 79,336.37 AIR QUALITY IMPRVMNT FD 29,768.00) 2,853.00 (26,825.00) TRAILS & BIKEWAYS FD 222 593 72 21,750.00 244,343.72 PARK FEES FD (2,016.41) PROP A - SAFE ['ARKS ACT FUND (2,016.41) 1,514,521.47 PARK & FACILITIES DEVEL. FD 1,514,521.47 (21,700.55) 10,000.00 41,456.46 53,157.01) COM DEV BLOCK GRANT FD 361.13 113,243.98 CITIZENS OPT -PUBLIC SAFETY FD 113,605.11 338,506.48 NARCOTICS ASSET SEIZURE FD 338,506.48 77,455.86 CA LAW ENFORCEMENT EQUIP PRGI 77,455.86 51,142.25 3,726.11 26,399.41 28,468.95 LANDSCAPE DIST #38 FD 112,745.19 1,936.50 37,062.55 77,619.14 LANDSCAPE DIST #39 FD FD 105,610.39 700.61 23,794.88 82,516.12 LANDSCAPE DIST #41 0.00 GRAND AV CONST FUND FD 0.00 (1,320,593.47) 180,700.22 1 501,293.69) ( , CAP IMPROVEMENT PRJ 1,610,661.44 309,759.00 1,300,902.44 SELF INSURANCE FUND 195,834.72 EQUIPMENT REPLACEMENT FUND 195,834.72 196,029.77 COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUNI 196,029.77 321,746.78 1,040.67 297,903.88 61,484.10 $0.00 86,367.67 $37.836.122.90 TOTALS $38,9 5 799.66 $1,927.872.75 $3 037 549.51 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($341,604.46) PAYROLL ACCOUNT CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($352,825.79) INVESTMENTS: US TREASURYoney Market Acct. $367,248.40 LOCAL AGENCYINVESTMENTFD 28,745,332.62 FED HOME LOAN BANK NOTES 9,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 86,367.67 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS $38,188,948.69 TOTAL CASH $37,836,122.90 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The Bove summary provides sufficient cash flow liquidity to meet the next six month's esti to ex ures. Ja s DeStefano, Treasurer SUMMARY OF CASH: DEMAND DEPOSITS: CITY OF DIAMOND BAR ($1,104,153.00) TREASURER'S MONTHLY CASH STATEMENT CHANGE FUND 250.00 Aug 31, 2007 1,000.00 (Revised) ($1,068,519.33) BEGINNING US TREASURY Money Market Acct. $622,086.01 TRANSFERS ENDING 27,745,332.62 BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $31,215,515.75 1,236,367.21 $1,528,306.36 ($67,673.13) 3.47 $30,855,900.00 LIBRARY SERVICES FUND 0.00 3,335.32 COMMUNITY ORG SUPPORT FD 3,335.32 241,258.93 GAS TAX FUND TRANSIT TX {PROP A) FD 241,258.93 839,319.25 157,954.84 68,815.31 928,458.78 1,659,163.03 TRANSIT TX (PROP C) FD 1,586,320.83 72,842.20 0.00 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 373,119.27 15,872.00 19,263.39 369,727.88 383,329.74 TRAFFIC IMPROVEMENT FUND 383,329.74 442,069.23 AB2928-TR CONGESTION RELIEF FD 442,069.23 79,336.37 18,644.65 4,201.35 93,779.67 AIR QUALITY IMPRVMNT FD (26,825.00) TRAILS & BIKEWAYS FD (26,825.00) 244,343.72 21,750.00 2 PARK FEES FD (2,093.,016.441 (2 PROP A - SAFE PARKS ACT FUND (2,016.41) 1,514,521.477 PARK & FACILITIES DEVEL. FD 1,514,521.47 12,141.06 (65,298.07) COM DEV BLOCK GRANT FD (53,157.01) 70.00 113,173. CITIZENS OPT -PUBLIC SAFETY FD 113,243.98 338,506.4488 NARCOTICS ASSET SEIZURE FD 338,506.48 77,455.86 CA LAW ENFORCEMENT EQUIP PRGI 77,455.86 28,468.95 1,540.93 48,868.10 (18,858.22) LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD 77,619.14 612.56 50,614.62 27,617.08 59,193.91 LANDSCAPE DIST #41 FD 82,516.12 71.69 23,393.90 0.00 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 0.00 (1,501,293.69) 1,153,164.79 ( 2,654,458.48) SELF INSURANCE FUND 1,300,902.44 1,,902.44 195,834.72 195 EQUIPMENT REPLACEMENT FUND 195,834.72 196,029.77 COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUN 196,029.77 86,367.67 209.78 39,763.72 67,673.13 114,486.86 TOTALS $37,836122.90 $1,525,865.86 $2,948,602.60 $0.00 $36,413,386.16 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($1,104,153.00) PAYROLL ACCOUNT 34,383.67 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($1,068,519.33) INVESTMENTS: US TREASURY Money Market Acct. $622,086.01 LOCAL AGENCY INVESTMENT FD 27,745,332.62 FED HOME LOAN BANK NOTES 9,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 114,486.86 TOTAL INVESTMENTS $37,481,905.49 TOTAL CASH $36,413,386.16 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estim ted exp�� ditures. James DeStefan , Treasurer SUMMARY OF CASH: DEMAND DEPOSITS: CITY OF DIAMOND BAR ($244,883.44) TREASURER'S MONTHLY CASH STATEMENT CHANGE FUND September 30, 2007 PETTY CASH ACCOUNT (Revised) BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS IN (OUT) ENDING BALANCE GENERAL FUND $30,855,903.47 783,363.74 $1,001,643.78 ($59,427.08) $30,578,196.35 0.00 LIBRARY SERVICES FUND 0.00 650.00 US TREASURY Money Market Account 2,685.32 COMMUNITY ORG SUPPORT FD 3,335.32 241,258.93 89893.44 , $37,048,214.40 331,152.37 GAS TAX FUND TRANSIT TX (PROP A) FD 928,458.78 147,655.04 65,487.82 1,010,626.00 1,659,163.03 TRANSIT TX (PROP C) FD 1,659,163.03 0.00 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 369,727.88 5,491.60 39,177.93 336,041.55 383,329.74 TRAFFIC IMPROVEMENT FUND 383,329.74 442,069.23 AB2928-TR CONGESTION RELIEF FD 442,069.23 28,238.76 65,540.91 AIR QUALITY IMF'RVMNT FD 93,779.67 (26,825.00) TRAILS & BIKEWAYS FD (26,825.00) 266,093.72 PARK FEES FD PROPA- SAFEPARKSACTFUND 266,093.72 (2,016.41) 1,062,895.20 1,060,878.79 1,514,521.47 PARK & FACILITIE'S DEVEL. FD 1,514,521.47 (65,298.07) 61,210.00 7,579.86 (11,667.93) COM DEV BLOCK GRANT FD 86.09 113,087.89 CITIZENS OPT -PUBLIC SAFETY FD 113,173.98 338,506.48 NARCOTICS ASSET SEIZURE FD 338,506.48 77,455.86 CA LAW ENFORCEMENT EQUIP PRGI 77,455.86 17,747. (36,605.68) LANDSCAPE DIST #38 FD (18,858.22) 6,827.5511 20,789.57 LANDSCAPE DIST #39 FD 27,617.08 7,735.59 51,458.32 LANDSCAPE DIST #41 FD 59,193.91 0.00 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 0.00 (2,654,458.48) 532,043.29 (3,186,501.77) 1,,902.44 SELF INSURANCE FUND 1,300,902.44 195,834.72 195 EQUIPMENT REPLACEMENT FUND 195,834.72 196, 029. COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUN 196,029.77 114,486.86 254.47 46,179.24 .08 59,4$0.00 127,989.1177 $36,810,752.32 TOTALS $36,413,386.16 $2150,763.49 $1,753,397.33 $0 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($244,883.44) PAYROLL ACCOUNT CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($237,462.08) INVESTMENTS: US TREASURY Money Market Acct. $2,074,892.61 LOCAL AGENCY INVESTMENT FD 26,845,332.62 FED HOME LOAN BANK NOTES 8,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 127,989.17 TOTAL INVESTMENTS $37,048,214.40 TOTAL CASH $36,810,752.32 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. The account's funds are available for withdrawal within 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above surnmary provides sufficient cash flow liquidity to meet the next six month's esti ted exp itures. .... James DeSteifano Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of October 2007 2006-07 Actual Interest Income $1,792,094.62 2007-08 Budgeted Interest Income $1,089,000.00 Actual Year -To -Date Interest Income $479,600.87 Percent of Interest Received to Budget 44.040% ` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC Curr Month Purchase Maturity Amount Current Par / Fair Market " Interest Received Rate M Date nntp T Term At Cost Original Par Value Institution Investment Type ting Ka �y - 29,211,577.40 29,227,745.51 366,244.78 5.137% State of California Local Agency Inv Fund AAA $2,704,112.66 2,704,112.66 4,904.71 4.067% Wells Fargo Bank US Treasury Money Market AAA 151,513.88 151,513.88 4.370% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 03/27/08 2.5 Yrs 1,000,000 1,000,000 1,000,000.00 4.540% Wells Fargo Inst Securities Farm Credit Note AAA 09/27/05 1.5 Yrs 1,000,000 1,000,000 1,000,940.00 5.350% Wells Fargo Inst Securities Federal Home Loan Note AAA 06/04/07 12/04/08 1,000,000 1,000,000 called 13,437.50 5.375% Wells Fargo Inst Securities Fannie Mae Note AAA 01/12/07 01/12/09 2.0 Yrs 1,000,000 1,000,000 called 12,955.5 6 Wells Fargo Inst Securities Federal Home Loan Note AAA 02/08/07 02/02/09 2.0 Yrs 1,000,000 1,000,000 1,000,310.00 5.460% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/07/06 05107/09 2.5 Yrs 1,000,000 1,000,000 1,001,250.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 12/29106 06/29/09 2.5 Yrs 1,000,000 1,000,000 called 22,958 33 Wells Fargo Inst Securities Federal Home Loan Note AAA 11/14/06 08/14/09 2.75 Yrs 1,000,000 1,000,000 1,000,000.00 5.300% Wells Fargo Inst Securities Federal Home Loan Note AAA 04/21/07 12/21/09 2.5 Yrs $ 40,067,203.94 $ 37,085,872.05 $ 420,500.88 Totals for month Less Investments matured during the month (3,000,000.00) $ 37,067,203.94 Total Investments: 2006-07 Actual Interest Income $1,792,094.62 2007-08 Budgeted Interest Income $1,089,000.00 Actual Year -To -Date Interest Income $479,600.87 Percent of Interest Received to Budget 44.040% ` Source of Fair Market Value: Wells Fargo Institutional Securities, LLC Agenda # 6_5 Meeting Date: December 4 2007 CITY COUNCIL �; 1,, AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: James DeStefano, City Man 'ge TITLE: SECOND READING OF ORDI ANCE NO. 08 (2007), ADOPTING ZONE CHANGE NO. 2006-01 WHICH CHANGES THE EXISTING ZONING OF A PROPERTY LOCATED AT 23671 GOLDEN SPRINGS DRIVE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RH-PD) TO COMPLY WITH THE GENERAL PLAN AND TO AMEND THE ZONING MAP OF THE CITY OF DIAMOND BAR. THE PROPERTY IS IDENTIFIED BY ACCESSOR PARCEL NUMBER 8281-028-030. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 08 (2007). FINANCIAL IMPACT: N/A BACKGROUND/DISCUSSION: Ordinance No. 08 (2007) is the enabling ordinance for Zone Change No. 2006-01, which amends the City's Zoning Map, thereby bringing the subject property's zoning in compliance with the General Plan. The Planned Development (PID) Overlay provides for greater flexibility in development standards in order to provide a quality design and site planning that accommodates the irregular shape of the project site. The subject property is delineated in Exhibit "A" attached to Ordinance No. 08 (2007). A public hearing was concluded and the first reading of the Zone Change occurred on November 20, 2007. Upon approval of second reading, the Zone Change will be effective January 3, 2008. PREPARED BY: C/' q Aran J. L gu Associate Plann! REVIEWED BY: Dave Doyle Assistant City Manager Attachment: Ordinance No. 08 (2007) -::�Z Greg Gubman, ICP Planning Manager ORDINANCE NO. (2007) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE N0. 2006-01 AND PLANNED DEVELOPMENT OVERLAY AND WHICH CHANGES THE EXISTING ZONING FROM NEIGHBORHOOD COMMERCIAL (C-1) TO HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT (RH-PD) FOR PROPERTY LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (AF'N NO. 8281-028-030). A. RECITALS The property owner/applicant, Mr. Joe Kwok, GSDB Investment Group, LLC, has filed an application for Zone Change No. 2006-01 for a property identified as APN No. 8281- 028-030 and located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change and Negative Declaration shall be referred to as the "Application." 2. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the Planning Commission adopted Resolution No. 2007-44 recommending City Council approval of the application Public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting sites, and a public notice display board was posted at the site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. The City Council of the City of Diamond Bar does hereby approve Zone Change No. 2006-01 based on the following findings, as required by Diamond Bar Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860. 6. Following due consideration of public testimony, staff analysis and the Planning Commission recommendation, the City Council hereby finds that Zone Change No. 2006-01 set forth within amends the Zoning Map and is consistent with the General Plan and the adopted goals and policies of the City, and that the Zoning Map does not presently reflect the General Plan land use designation of High Density Residential - Maximum 20 Dwelling Units Per Acre (RH) for the subject property. Zone Change No. 2006-01 will change the zoning for the subject property to R -H PD in conformance with the General Plan 7. The City Council hereby finds that the zone change identified above in the Ordinance was addressed in Negative Declaration No. 2007-03 prepared for Tentative Tract Map No. 64881 according to the requirements of the California Environmental Quality Act (CEQA) and guideline promulgated hereunder and determined not to have a significant effect on the environment. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: 1. The zoning designation for the following property identified as APN # 8281-028-030 is hereby changed from C-1 to RH-PD and shall allow uses listed for the RH-PD zoning district in Table 2-2 of the Development Code. 2. The City Clerk is directed to amend the Zoning Map to reflect the referenced property's new zoning designation. PASSED, APPROVED AND ADOPTED THIS DAY OF DECEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2007, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2007, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 2 Tommye Cribbins, City Clerk, City of Diamond Bar J\ Ns co N co s t'Ja t aaa�IS'0£0-8Z0-18Z8-800L-LOOZ' VO sa -6u -- -- - - -- - o 5 o � � nN cy b U `g1 ` f i I O z u J\ Ns co N co s t'Ja t aaa�IS'0£0-8Z0-18Z8-800L-LOOZ' VO sa -6u -- -- - - -- - o 5 ogi cy b U `g1 FoF s o F CITY COUNCIL Agenda # 6.6 Meeting Date: December 4, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council F,rn VIA: James DeStefano, City Man � 1 TITLE: SECOND READING OF 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. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 2007-xx. BACKGROUND: On November 20, 2007, the City Council conducted a public hearing for the first reading of an ordinance to establish a City -administered business license program. Adoption of the ordinance would enable Diamond Bar to discontinue its current contract with Los Angeles County for licensing services, and allow the City to provide the same services in a simpler, more convenient and less costly manner. The City Council approved the first reading, and an associated fee resolution, by a unanimous vote. The ordinance will become effective 30 days following the second reading. Prepared By Greg Gubman, AICP Planning Manager Attachment: Proposed Business License Ordinance Reviewed By Dave Doyle Assistant City Manager ORDINANCE NO. (2007) 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 1=stablishment means a location where a business is conducted in addition to its main or fixed place of business. Business License means a license issued pursuant to this Title by which each business owner having a business or is doing business in the City is required to provide general information to the City and obtains a license prior to conducting business in the City. City means the City of Diamond Bar. Director means the Director of Community Development. Home Based Business means a business conducted within a residential dwelling unit or structure, employing occupants of the dwelling unit, with the business activity being subordinate to the residential use of the property. Person means and includes any business owner, individual, firm, co -partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit. Premises means all lands, structures, places and also the personal property, equipment and appurtenances connected with or used in any business. Section 5.00.020 Purpose. The purpose of this Title is to establish a regulatory mechanism whereby the City may review the management and ownership of specific types of businesses, maintain an accurate record of businesses conducting business in the City for statistical purposes and to assist in zoning compliance. The business license program is not designed to raise revenue, nor is it a substitute for land use regulations. Section 5.00.030 Business License and Fee Required. a. Business License. 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. Ib. 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. 2 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. ;�. 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; 2. 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. Ib. 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. IC. 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; 3 F. Employer I.D. Number (or Social Security number); G. State resale permit; H. State employer I.D. number; I. 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. Section 5.00.050 Contents of a Business license. Upon the payment for a business license and pursuant to any applicable provisions of Chapters 5.04 and 5.08 of this Code, the City shall issue a Business license to the applicant which shall contain the following: a. Type of business; b. Name of business; C. Business location; d. Business owner; e. Expiration date; f. Business license number; g. Amount of fee paid for business license; and h. Such other information as deemed necessary by the City. Section 5.00.060 Annual Renewal of a Business License a. Except as otherwise provided in this Title, when an applicant submits a timely business license renewal application and pays the renewal processing fee as set 4 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. 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. 2. For person's conducting business without having obtained a business license, the required fee shall be doubled for each consecutive 30 -day interval that the business was conducted without a license calculated from the first day the person engaged in the business provided that the total amount of fee and the late fee combined shall not exceed $500. 3. For failure to pay the annual renewal fee when due, the required fee shall be doubled on the day following the last day of each consecutive 30 -day interval following the due date while the fee remains unpaid provided that the total amount of fee and the late fee combined shall not exceed $500. b. Action to collect. Should legal action be required to collect any delinquent fee, an additional amount shall be charged equal to the cost incurred by the City in collection of the fee, including reasonable attorneys fees. Section 5.00.080 Temporary license Pending the approval of a business license following approval of a CUP for the premises pursuant to Chapter 22.58 of this Code, the Director may approve a no -fee temporary license for a period not to exceed three months if there is no record of problems caused by the business or outstanding violations of this Code or any other law related to the business. Such temporary license shall be cancelled automatically and shall be invalid when the applicant's license has been issued or the application therefore has been denied. Section 5.00.090 Business License - Operative Date. a. Generally. The operative date for a new business license shall be the date of approval of the application. b. Renewals. The operative date for a business license renewal shall be the date following the date of expiration of the previous year's license. 5 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 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. Id. Change in Business. A new business license is required whenever there is a change in the nature or scope of the business. Section 5.00.130 Assignment of License Prohibited. The assignment of or attempt to assign any license issued pursuant to this Title is unlawful and any such assignment or attempt to assign a license shall render the license null and void. Section 5.00.140 Business License Fee Received by Mail. Whenever any payment, statement, report or other communication is received after a deadline prescribed by this 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. 0 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. lb. 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. it. 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. Ib. 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: 7 1. It shall be primary and not contributing to any other insurance maintained by the City; 2. It shall name the City of Diamond Bar, its City Council, and its officers, agents and employees as additional insureds; 3. Its liability limit shall be a minimum of one million ($1,000,000.00) dollars; 4. It shall bear a deductible in an amount satisfactory to the Director; 5. It shall be provided by an insurer satisfactory to the City of Diamond Bar; and 6. It shall provide the Director with thirty days prior notice of any cancellation or modification of the policy. d. Indemnification. Whenever this Title requires that a business license applicant or licensee indemnify the City, the applicant or licensee shall be required to sign an indemnification statement that reads substantially as follows: It shall be a condition of each license issued under this section that the licensee agrees to indemnify, hold harmless, and defend the city and its Council and each member thereof, and every officer and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses, or actions brought by any person and from costs and expenses of litigation, including attorney fees, by reason of injury to any person, including, but not limited to, officers and employees of the licensee, performed under and pursuant to such license or any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses, costs and expenses caused or alleged to have been caused by any negligent or other act of any such licensee. Section 5.00.180 Violations. Any person violating this Title shall be guilty of a misdemeanor as provided in Section 1.04.010(a). The commencing or conducting of any such business without having first procured such license, or without having complied with any and all such requirements or provisions shall constitute a separate violation of this Code for each and every day that such business is so commenced or conducted. It is a violation of this Title to knowingly make a false statement in any appllication 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. 9 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(s), and managerial staff as deemed necessary by the Director, and may obtain reports from the Sheriff's Department, Building and Safety, Fire Department, County Health Department, and any such other information as he or she deems necessary to determine if the criteria for issuance of a business license have been met: 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 amusement/entertainment facilities (as defined in Section 22.80.020) 10. Massage establishments and massage technicians 11. Pawnbrokers and second hand dealers 12. Peddling -Solicitation 13. Psychic Reading (as defined in Section 22.80.020 of this Code) 14. Tow trucks and towing companies Section 5.04.020 Application a. In addition to the application requirements listed in Section 5.00.040(C), applications for a business license for the businesses listed in this Chapter shall include, as applicable: 1. The name and permanent address of all persons having a financial interest in the operation of the business or premises where the business is to be located; 2. A detailed description of the proposed business and services provided, including whether food, beverages or alcohol will be served on the premises, and any further information about the business, as the Director may deem necessary; 3. The name or names of the person or persons responsible for the management or supervision of applicant's business; 9 4. Whether or not the applicant or any person or persons responsible for the management or supervision of applicant's business have been within the previous five years, convicted of a crime, the nature of such offense, and the sentence received therefore including conditions of parole or probation, if any; 5. Whether or not the applicant has ever had any permit or license issued in conjunction with the operation of a business revoked, including the date thereof and name of the revoking agency; 6. Documentation showing that the premises is in full compliance with Title 22 Development Code; and 7. Such other reasonable information as the Director may deem necessary. 101. 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(s), and managerial staff as deemed necessary by the Director, which may require the individuals 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 Except as otherwise provided in this Title, the Director may deny an application for a business license or renewal license for any of the following causes arising from the acts or omissions of the applicant or licensee: 1. Fraud, misrepresentation, or false statement in applying for a new or renewed license or in any report or record filed with the City; 2. Any relevant violation of this Code; 3. A violation of the conditions or restrictions of the previous business license in the case of a renewal; 4. Conviction of any crime within the past five years where the trait shown is inconsistent with carrying on the business, occupation, or activity for the benefit of the public; 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 10 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. 101. 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. 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 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. 11 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. 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 performed in the exercise of any rights permitted by the issuance of the license; d. That the licensee, manager or employees have violated any provision of federal or state law or any provision of the City of Diamond Bar Business License Ordinance, the City of Diamond Bar Municipal Code or any other statute, rule, permit or regulation on the business premises or relating to the licensed activity; e. 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; 12 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 L That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety and the general welfare of the public. Section 5.04.150 Effect of Revocation or Suspension. a. No business license fee refunds shall be issued to any licensee upon revocation or suspension of a business license. b. Upon revocation of any business license for cause under this Chapter, no business license to operate the same business activity shall be granted to the same person, corporation, association, partnership, or other legal entity within one year after such revocation. C. Whenever a license is suspended or revoked, the Sheriff shall take into possession the business license for the subject business activity. The licensee shall surrender the business license, license stickers, or similar evidence of a license to the Director 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 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. 13 2. Proof that the applicant has complied with the requirements of Section 22.42.020 of this Code. C. Notwithstanding the provisions of this Title, the Director shall approve an application for an adult oriented business unless he or she finds that one of the grounds for denial set forth in Section 5.04.050 exist. The Director shall approve or deny an application for an adult business license within 30 days of the filing of a complete application. d. The Director's decision may be appealed to the City Council as provided in Section 5.04.080. The hearing on the appeal shall be held at the next regularly scheduled City Council meeting following the timely filing of a complete appeal unless the applicant requests an extension; in no event shall the hearing on appeal take place more than thirty days after the date on which a timely and complete notice of appeal is received unless the applicant requests a further extension. e. In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct the business during the pendency of any appeal. 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: 1. The licensee shall not permit any doors on the licensed premises to be locked during business hours and, in addition, the licensee shall be responsible for ensuring that any room, area or booth 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. 3. The business shall comply with all requirements for an adult-oriented business set forth in Chapter 22.42 of this Code. 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 14 lien will be assessed against their property and such costs will constitute a lien upon the land until paid. Section 5.08.040. Bars and Nightclubs a. For purposes of this Chapter, the following words shall have the following meanings: Bars and nightclubs shall mean businesses that are not part of a larger restaurant, where alcoholic beverages are sold for on-site consumption. This definition includes bars, taverns, pubs, and similar establishments where any food service is secondary to the main purpose of alcoholic beverage sales. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage and tasting facilities. b. In addition to the information prescribed by Section 5.04.020, the application for a license for a bar, or nightclub shall include: 1. The complete standard regulatory business license application including the names and addresses of all responsible operators, managers, and property owner; 2. A certified copy of all valid Alcohol Beverage Control (ABC) permits, licenses, and conditions of operation: and 3. Security Plan Requirements. Applicants for businesses that serve alcohol with an occupancy load of 50 or greater are required to submit a security plan. All submitted security plans shall be reviewed and are subject to the approval of the Director or his or her designee. 4. A set of plans stamped "Approved" by the Los Angeles County Fire Department which identifies the use and the square footage of the establishment. C. Operating Requirements. 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 17 complaints and follow-up and shall make the information available to city staff upon request. 5. Alcoholic Beverages. All new employees of business owner licensees serving alcohol to patrons shall enroll in a certified training program for the responsible service of alcohol. The training shall be offered to new employees on no less than a quarterly basis. 6. Merchandise Sales. No business owner licensee shall sell merchandise except inside the establishment. 7. Open Doors. No door of any business may be propped open after 6:00 p.m., except for the period during which goods are being delivered to the establishment, and then only if continuously attended by an employee of the business owner. 8. Designated Driver Signs. Signs recommending the use of a "designated driver" shall be posted at all bar areas and at the entrance and exits to the establishment. The signs shall measure at least six inches by six inches. 9. Joint Responsibility for Violations and Noise Control. Violations of this subsection (c) and violations of the Noise Control Ordinance set forth in Chapter 8.12 of the Diamond Bar Municipal Code by either the business owner promote, shall be grounds for revocation of the business owner's license and the promoter's license. 10. All security personnel must have a California Guard Card and/or must possess a certificate of completion from a Penal Code 832 course instruction within six months of employment. Section 5.08.050. Entertainment License a. Purpose and Intent The City Council of the City of Diamond Bar finds that operation of business establishments in the City providing live entertainment creates special circumstances pertaining to noise, disorderly conduct by patrons, underage drinking and similar such conditions as to warrant regulation through a business license. 2. Therefore, it is the purpose of this Section to regulate the operation of entertainment establishments and entertainment promoters to promote the public health, safety and welfare and to ensure that the operators of these establishments have the proper qualifications and operate their businesses in a safe and secure manner. 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 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. 18 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 entertainment promoter to obtain a business license for an event or location shall be grounds for suspension or revocation of the business license of the facility where the event took place and for denial or revocation of any license the promoter may have for any other event or location in the City. 3. The entertainment license covers only the entertainment portion of the business. A general business license is required for the general operation of the business. Neither the obtaining of an entertainment license nor compliance with the operating standards provided in this Code shall obviate the need for, or excuse any noncompliance with, the zoning code, building code, fire code, or any other or additional permit or code requirement made applicable to the entertainment or entertainment establishment under any other provision of this Code or state or federal law. d. Exemption from License Requirement. The provisions of this Section shall not be deemed to require an entertainment license for the following: The use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names; 2. Entertainment consisting of ambient or incidental music provided for guests or patrons by one (1) non -amplified musician. If there is an 19 admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental; 3. Entertainment provided for invited guests at a private event such as a wedding reception, banquet or celebration where there is no admission charge; and 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three- month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. e. In addition to the information required in Section 5.04.020, an application for an entertainment license shall include the following information: 1. The name and permanent address of all persons having a financial interest in the operation of the entertainment, business, or premises where the entertainment is to be located; 2. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in entertainment; 3. The date, hours, location and business license number if already issued of the establishment where the entertainment is proposed to be conducted and the admission charge, if any, to be charged; 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. 20 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. El. Emergency Suspension. An entertainment permit may be suspended immediately if the Director determines that there is an immediate and significant threat to public safety and welfare arising out of the use of the entertainment license. The permit holder shall be provided by personal service and first class mail with notice of the suspension setting forth the grounds giving rise to the suspension and ordering that the entertainment operation cease and desist during the suspension. After such notice is given, the permit holder shall have ten (10) days within which to correct the conditions giving rise to the suspension and to provide the Director with proof of the corrective action taken. During this period, the permit holder shall discontinue all entertainment on the premises. Upon timely correction of a condition giving rise to a suspension, the permit may be reinstated by the Director. Failure or refusal of the permit holder to timely correct the condition shall result in institution of revocation proceedings as set forth in Section 5.04.110. Should the permit holder fail or refuse to correct the condition within the ten (10) day period, the suspension shall remain in effect until the conclusion of the revocation proceeding. h. Appeal The Director's decision may be appealed to the City Council as provided in Section 5.04.080. The hearing on the appeal shall be held at the next regularly scheduled City Council meeting following the timely filing of a complete appeal unless the applicant requests an extension; in no event shall the hearing on appeal take place more than thirty days after the date on which a timely and complete notice of appeal is received unless the applicant requests a further extension. The Council's decision thereon shall be final. 2. In the case of an appeal by a person other than the applicant or permit holder, the permit holder may continue to conduct entertainment during the pendency of any appeal. 3. Notice of the public hearing on the appeal shall be given as provided in Section 5.04.090. 4. The City Council shall announce its decision within a reasonable time, but not to exceed thirty (30) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefore. The City Council's final action shall be taken by resolution and notice thereof shall be given by mail to the applicant/permit holder or appellant, or to both if they be different parties i. Operating Requirements. Entertainment Establishments shall be subject to the same operating instructions as those listed in Section 5.08.040(c) for bars and nightclubs. In addition, the following operating requirements shall apply: 21 1. Control of Events. The business owner licensee shall retain full control of all events on the property and ensure that any and all conditions of approval are adhered to. All events, including events organized by promoters, shall be supervised and managed by employees of the licensee. This shall include all club operations, ticket sales, parking arrangements, advertising and promotion of any event. 2. Neighborhood Clean-up. The business owner and promoter, if applicable, shall clean-up or cause to be cleaned up excessive litter and trash on the residential streets, if any, within a one -block radius of the business location at least once a week for the period during which one or more events take place. 3. All indoor areas of the entertainment establishment in which patrons are permitted and entertainment is presented, shall be arranged in such a manner that the entire interior portion of the viewing area is open and visible from aisles and public areas of the place of entertainment and shall be open to view by management at all times. Visibility shall not be blocked or obscured whatsoever; and 4. The entertainment establishment will have a manager on the premises at all times when entertainment is performed. Section 5.08.060. Firearm Dealers a. For purposes of this Chapter, the following terms shall have the following meanings: 1. Engages in the business means the conducting of a business by selling, leasing, or otherwise transferring, for a consideration, any firearm, firearm munition or firearm ammunition component; or the holding of one's self out as engaged in the business of selling, leasing or otherwise transferring for a consideration any firearm, firearm munition, or firearm ammunition component in quantity, in series, or in individual transactions, or in any other manner indicative of trade. 2. Firearm shall include, without limitation, any revolver, pistol or any other device designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion. 3. Firearm ammunition means any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm. 4. Firearm ammunition component means any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used to manufacture ammunition. 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 firearm, as well as any firearm ammunition or any firearm munition component. 22 b. Application Information. 1. License Form. Any license issued to operate as a gun dealer shall be on a form approved by the city. 2. Application Form. Notwithstanding any other provision of this Chapter, every applicant for a gun dealer license shall fill out the application form prescribed by the California State Attorney General in addition to the city's application for a business license. C. Minimum Criteria for Issuance of a License. In addition to the applicant's compliance with all other requirements of this title, a background check and recommendation pertaining to the applicant, and the applicant's existing and prospective 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 Sheriff's 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. 23 6. The applicant must demonstrate that: A. The location for which the license is sought is not located within five hundred feet of a public or private day care center or school, or a public park. B. The location for which the license is sought is not located within five hundred feet from any other premises operated by a gun dealer licensee. 7. The applicant must provide a copy of each of the following: A. Valid federal firearms license; B. Valid seller's permit issued by the State Board of Equalization; and C. Valid certificate of eligibility issued by the Department of Justice. d. Issuance of License Subject to Conditions. Any and all licenses granted pursuant to this Chapter are subject to the following conditions, in addition to any conditions imposed by the Director, breach of any of which subjects the license to revocation: 1. The business activity shall be carried on only in the building designated in the license, which shall be located in a properly zoned commercial district, unless the gun dealer qualifies as a home occupation under federal and state law and is in full compliance with the home occupation provisions contained in the Diamond Bar Zoning Ordinance. In no event shall a licensee, operating as a home occupation, store or maintain firearms, ammunition, or any firearms ammunition component within the residential dwelling in which the business is being conducted. Notwithstanding any other provision of this Title, a license under this Chapter shall be required for gun dealers operating as a home occupation. 2. If the applicant is not the owner of record of the building within which, and the real property upon which, the gun dealer business is to be located and conducted, then he or she shall obtain prior written consent from the owner of record of such building and real property to operate a firearm dealer business, and such written consent from the owner of record shall be attached to the city's business license application. 3. All federal, California and city -issued licenses, permits or copies thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted. 4. No firearm, firearm ammunition or reproduction of either advertising the sale, lease or transfer, for a consideration of either, shall be 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. 24 Ia. 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. 1`. This information required by this Section shall be recorded at the time of purchase and shall be maintained in a log book in a form substantially as follows: Ammunition/Firearm Sales Records Log Store: Date Name Address Date of Birth Driver's License/ID Number and State Firearm Make/Birand/Model/Type Purchased Ammunition Brand and Amount Purchaser's Signature g. The licensee's firearm and ammunition sales records and firearm and ammunition inventory records shall be open to inspection at the request of the City or the Los Angeles County Sheriffs Department. h. The licensee shall also provide the City with an annual report of the gross revenue received during the previous year itemized by the quantity and classification of firearms and ammunition sold on a form provided by the City signed under penalty of perjury. i. 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. 25 ji. 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. Ik. The licensee shall comply with all security measures imposed by the license issued pursuant to this Chapter upon recommendation of the Los Angeles County Sheriff, including but not limited to locks, lighting, alarms, storage and access to firearms. 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. im. The licensee shall conduct a criminal background check on prospective manager(s) or employee(s). Section 5.08.070. Massage establishments and massage technicians a. The owner of a massage establishment and each massage technician practicing in the City must obtain a business license pursuant to this Title. Ib. For purposes of this Chapter, the following terms shall have the following meanings: 1. Certificate shall mean a certificate, issued by a licensed school, certifying completion of the required curriculum in massage training. 2. Massage and Massage Therapy means and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. 3. Massage establishment shall mean any establishment having a fixed place of business which provides or attempts to provide massages, or health treatments involving massage as the principal function, including any school of massage which performs any such activity to any member of the public for any form of consideration or gratuity. The following are not considered massage establishments under this definition: (a) an establishment which has only one massage table on the premises and the massage business is secondary or ancillary to the principal business on the premises; or (b) an establishment which has on staff at least as many state licensed health care professionals as it does licensed massage technicians. 4. Massage technician shall mean any person who administers to any other person, for any form of consideration or gratuity, a massage as herein defined, including a student at a school of massage who administers a massage to any person for payment whether the payment is given to the student or to the school. A "massage technician" does not include any person who is engaged in a healing art required to be licensed pursuant to the Business and Professions Code of the state of California. 26 5. Off -premises massage business means a business which provides massage services at a location other than the massage establishment itself. IC. Application Information - Massage Establishment and Off -Premises Massage Businesses. In addition to the information prescribed by the Director of Community Development, all applications for a license to conduct a massage parlor or off -premises massage business must contain the following information: 1. The complete address and all telephone numbers of the massage parlor or off -premises massage business; 2. A complete list of the names and residence addresses of all proposed massage technicians and employees employed by the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment; 3. The two previous addresses of the applicant immediately prior to the present address of the applicant; 4. Written proof of the applicant's age, height, weight, color of hair and eyes and sex; 5. Two identification photographs and fingerprints of the applicant; 6. The massage or similar business history and experience of the applicant, including but not limited to, whether or not such person, in previously operating a massage establishment or similar business in this or any other city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefore: 7. All criminal convictions excluding traffic or infraction violations; 8. Such other information and identification deemed necessary by the Sheriffs Department. d. Application Information — Massage Technicians. In addition to the information prescribed by the Director, an application for a massage technician license shall include the following information: 1. The last two previous addresses, if any, immediately prior to the present address of the applicant; 2. The applicant's height, weight, sex, color of eyes and hair; 3. A certificate or diploma from a state -accredited institution or an institution deemed by the Community Development Director to be of equivalent standing. 4. The business, occupation or employment of the applicant for three years immediately preceding the date of the application; 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; 27 E: f. 6. All convictions except for traffic violations and infractions; 7. The location where the applicant intends to operate. If the applicant will not operate from a specific location, the applicant will provide the general area where it intends to operate; 8. Documentation of the applicant's experience as a practicing massage technician. Massage Technician License Requirements — Investigation by Community Development Department. 1. Before a license is granted or renewed and at such times as the Director deems appropriate, the technician shall be subject to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage services. 2. If at any time the investigation by the Community Development Department reveals the massage technician has been convicted of a crime related to the provision of massage services, the massage technician's license shall be revoked and of no further force or effect as of the date of the conviction. 3. An applicant whose license has been revoked as described in the preceding paragraph shall have the right to appeal the decision of the Community Development Director under this Chapter in the time and manner set forth in Section 5.04.080. Operation Requirements - Massage Establishments and Off -Premises Massage Businesses. 1. A licensee operator shall not hire or employ a massage technician unless such massage technician has been issued a certificate or diploma from a state -accredited institution or institution of equivalent standing. 2. Doors to Remain Unlocked. The front door of any massage parlor and the doors of the cubicles in which massages are being performed must remain unlocked during all hours of operation. No electronic locking device may be utilized on any entrance door. 3. Cleanliness Requirements. A. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided; B. Hot and cold running water shall be provided at all times; C. Separate closed cabinets shall be provided for the storage of clean and soiled linen and these cabinets shall be plainly marked: "Clean Linen" and "Soiled Linen," respectively. 4. Hygiene Facilities. 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 28 patrons are to be served simultaneously at the establishment, separate bathing facilities, a separate massage room or rooms, and separate dressing and separate toilet facilities shall be provided for male and for female patrons. B. Minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. 5. Hours of Operation. The licensee operator shall not conduct or operate a massage parlor or an off -premises massage business between the hours of 10:00 p.m, and 7:00 a.m. of any day, and shall exclude all customers, patrons and visitors therefrom between those hours. 6. Maintenance of Premises and Equipment. A. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities of the establishment shall be in good repair and maintained in a clean and sanitary condition; B. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use; C. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. D. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. 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 29 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 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. 30 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 permission of the owner or other person in possession and control of the property. 4. "Solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other things of value for the commercial or retail sale of goods, wares or merchandise by taking an order for delivery and promising later delivery of such goods, wares or merchandise. Individuals engaged in commercial solicitation for future delivery solely as an incident to engaging in a business otherwise licensed under this Chapter and for which the employer has a current, valid license shall not be deemed to be engaged in the business of commercial solicitation. b. License Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay a license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. C. Identification Requirements. All licensed peddlers and solicitors licensed pursuant to this Chapter shall carry an original business license, along with picture identification, at all times when peddling. d.. Operating Requirements. 1. Generally. A. No person shall peddle or solicit for commercial purposes in any area of the City which is zoned for residential use under this code, from 8:00 p.m. until 9:00 a.m. of the following day. B. No peddler or commercial solicitor shall touch, come into physical contact with, or affix any object to another person or any member of the public, without first receiving express permission therefor from such member of the public. C. No peddler or commercial solicitor shall persistently and importunately solicit any member of the public after such member of the public expresses his or her desire not to be solicited. 31 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 21. 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. to. 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 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. 32 4. Insurance Requirements. The Director shall not issue a tow truck service operator's license until the applicant has filed a copy of the policy of liability insurance pursuant to Section 5.00.170 that covers every tow truck to be operated pursuant to the operator's license. 5. Indemnification. Every operator licensed pursuant to this Title shall sign an indemnification agreement as provided in Section 5.00.170 in a form approved by the City Attorney. 6. Tow Truck Facility Security. If the tow truck service provides storage of towed vehicles, the operator shall provide security for such vehicles during all business hours. 7. Locking of Vehicles. If the tow truck service provides storage of towed vehicles, the operator shall lock each ignition, remove the key, and place the key in a safe place. 8. Sign Requirements. The operator shall install and maintain a sign on the business premises, plainly visible from the street, showing the operator's name, the address of the business, the time when the premises are closed and the towing and storage fees, if any. No signs shall be posted, pursuant to this section, which would be in violation of the Diamond Bar Municipal Code. 9. Rates Charged. A copy of the rates charged for utilizing a tow truck's services shall be posted in each tow truck. PASSED, APPROVED AND ADOPTED THIS 201' DAY OF NOVEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MV Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of November 2007, and passed at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of 2007, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 33 City Clerk, City of Diamond Bar Agenda 4 g , 1 Meeting Date: December 4, 2007 lk CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mare �le TITLE: Authorize City Manager to contract with Regional Chamber of Commerce of the San Gabriel Valley for business development and retention services ($12,000) RECOMMENDATION: Approve FINANCIAL IMPACT: There are sufficient funds allocated in the FY 2007-08 budget. DISCUSSION: Each year the City Council adopts its Goals and Objectives. This year, as in years past, the City Council identified several goals associated with economic development and business retention. One specific goal is to create a "business to business" marketing program. The attached contract identifies this type of program as something the Regional Chamber will provide to the community. In addition, the Regional Chamber will conduct at least five (5) small business workshops in Diamond Bar that will be open to the public, widely advertised, and no charge to participants. The Regional Chamber will also continue its Grand Opening events, provide general administrative support and marketing on City services, and conduct quarterly meetings with local businesses. The City will also be provided a liaison position on the Chamber's Board of Directors to be appointed by the Mayor. The Regional Chamber is a strong, active organization dedicated to providing services and support to local businesses. Currently, the Regional Chamber serves businesses in the following communities: Diamond Bar Walnut Hacienda Heights PREPARED B AssistaWityyager Attachment Rowland Heights La Puente Valinda DRAFT CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of December 1, 2007 by and between the City of Diamond Bar, a municipal corporation ("City") and the Regional Chamber of Commerce of San Gabriel Valley, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A". 2. Term of Agreement. This Contract shall take effect January 1, 2008 and shall continue through June 30, 2008, unless earlier terminated pursuant to the provisions herein. 3. Compensation. The City agrees to compensate Consultant $2,000 a month to perform to the satisfaction of City the duties set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twelve thousand dollars ($12,000.). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. Com: Consultant: City Manager Executive Director City of Diamond Bar Regional Chamber of Commerce Suite 100 Suite 1170 Page 1 of 9 DRAFT 21825 East Copley Drive 21845 E. Copley Drive Diamond Bar, California Diamond Bar, California 91765-4177 91765 6. Status as Independent Consultant A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement in the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain, the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnity and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law. Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify and hold harmless the City of Diamond Bar and Its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants. attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Page 2 of 9 DRAFT Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which indemnitees may have under the law. Payment is not required as a condition precedent to an indemnitee's right to recover under this indemnity provision, and an entry of judgment against an indemnitee shall be conclusive in favor of the indemnitee's right to recover under this indemnity provision. Consultant shall pay indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Sections 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to indemnitees. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the indemnitees, while acting within the scope of their duties from all claims, losses and liabilities arising Out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance, Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business In California and approved by the City (1) a policy or policies of broad - form comprehensive general liability Insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage Insurance with a minimum limit of $500,000.00; (3) automotive liability Insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less thin $1.000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, Page 3 of 9 DRAFT property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in fill' force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional insured Endorsement". 10. Confidentiality. Consultant in the course of Its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City -provided data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 11. Ownership of Materials. All performance of this Agreement shall be Consultant without restriction or limitation Consultant. 12. Conflict of Interest materials provided by Consultant in the and remain the joint property of City and upon its use or dissemination by City or A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which Page 4 of 9 DRAFT would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination: City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel: Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall Include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. Consultant will in all solicitations or advertisements for employees Page 5 of 9 DRAFT placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment: Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultants obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract In effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found City may direct Consultant to correct the inadequacies or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this AgreemEmt shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the Page 6 of 9 DRAFT provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived except in writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. "(- ity " ATTEST: : City Clerk CITY OF DIAMOND BAR in City Manager Approved as to form: "CONSULTANT" 4 City Attorney go Its: Page 7 of 9 DRAFT EXHIBIT "A" 2007-2008 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY December 4, 2007 through June 30, 2008: A. Administrative Support: Monthly support for services to the City for promotion of City services, informational distribution and efforts to enhance the development of programs for the public benefit. Included in these programs are: Small Business Seminars, Business Expo, City Birthday Party, Business visitations and community outreach. B. City shall have a liasion position on the Chamber of Commerce Board of Director's. This position shall be appointed by the Mayor and shall either be a City C:ouncilmember including the Mayor or a City staff member. This position shall be a non-voting member of the Board for as long as the contract remains in effect. C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the Chamber website for as long as the contract remains in effect; and two complimentary passes to each Breakfast and Luncheon event for as long as the contract remains in effect. D. Chamber shall develop a "Diamond Bar Business to Business" program tc encourage Diamond Bar businesses to purchase items from other businesses in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar that can provide services to other businesses; and/or educational information about how sales tax dollars benefit the community. This program must be available to all businesses in Diamond Bar not just members of the Chamber of Commerce. There may be some difference in level of service for the program between Chamber and non -Chamber businesses. Chamber shall provide the City with the number of businesses participating in the program on a quarterly basis. These quarterly reports shall identify the number of Chamber member businesses and non -Chamber member businesses participating in the program. E. In a continued effort to promote businesses in Diamond Bar to the community and surrounding region, the Chamber shall conduct a minimum of 3 grand opening ribbon cutting events in Diamond Bar. F. In association with the Small Business Development Center at Mt. SAC and the Entrepreneurship Center, the Chamber shall conduct at least five (5) small business workshops in Diamond Bar that will be open to the public, widely advertised, and no charge to participants. The workshop should provide participants with information about writing a business plan, Small Business Administration financing, and developing a marketing plan. G. The Chamber, through its members and contacts in the commercial real estate business, shall use its best efforts to be knowledgeable of all available commercial and office space in the City. To the extent possible, this commercial space Page 8 of 9 DRAFT availability shall be provided to the City Manager on a monthly basis. H. Conduct at least quarterly meetings in Diamond Bar specifically for Diamond Bar businesses to solicit information about the business community and any issues affecting businesses germane to the City. These meetings shall be available for Chamber and non -Chamber members. Within 30 days following these meetings, the Chamber shall cause a written report to be developed and submitted to the City identifying each concern/issue raised by the business community and the individual or business which raised the issue. Communications: Executive Director and City Manager and/or his designee will rneet monthly to discuss issues impacting the business community including any information on specific businesses leaving the City, ideas to promote business retention and expansion in the City and opportunities to promote Diamond Bar and Diamond Bar businesses. Agenda No. RAA, 3.1 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS APRIL 17, 2007 1. CALL TO ORDER: Vice Chairman Chang called the Redevelopment Agency meeting to order at 8:18 p.m. p.m, in the SCAQMD/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Agency Members Everett, Tanaka, Tye and VC/Chang Absent: Agency Member Herrera Also Present Were: James DeStefano, Agency Director; David Doyle, Assistant City Manager; Michael Jenkins, Agency Attorney; Bob Rose, Community Development Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director and Tommye Cribbins, Agency Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/Tye moved, AM/Tanaka seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Tanaka, Tye, VC/Chang NOES: AGENCY MEMBERS: None ABSTAIN: AGENCY MEMBERS: Everett ABSE NT: AGENCY MEMBERS: Herrera 3.1 APPROVED MINUTES — Regular Meeting of December 5, 2006. 3.2 APPROVED TREASURER'S STATEMENT FOR November 1, 2006 through March 31, 2007. 4. AGENCY MEMBER CONSIDERATION: None 5. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: With no further business to conduct, VC/Chang adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 8:20 p.m. TOMMYE CRIBBINS, Agency Clerk I►Grir6�M Agency Chairman Agenda # RDA 3.2 Meeting Date: Dec. 4, 2007 DIAMOND BAR REDEVELOPMENT AGENCY REPORT TO: Chairman and Members of the Board trVIA: James DeStefano, Executive DirTITLE: Treasurer's Statement—April 1, ough October 31, 2007 RECOMMENDATION: Approve the April 1, 2007 through October 31, 2007, Treasurer's Statement for the Redevelopment Agency. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per Agency policy, the Finance Department presents the Treasurer's Statement for the Redevelopment Agency Board's review and approval. Due to the change in Redevelopment Agency meeting schedule the following Treasurer's report covers the period of April 1, 2007 through October 31, 2007. PREPARED BY: Linda Magnuson, Finance Director REVIEWED BY: Finance Director Attachments: AssistAnt City Manager Treasurer's Statement — November 1, 2006 through March 31, 2007 DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S CASH STATEMENT October 31, 2007 -:4f1107 TRANSFERS 10/31107 BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE REDEVELOPMENT AGENCY CIP FC $0.00 LOW & MOD INCOME HOUSING FD - REDEVELOPMENT DEBT SVC FD - TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GENERALACCOUNT TOTAL DEMAND DEPOSITS $0.00 $0.00 TOTAL CASH $0,00 Agenda No. PFA 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY ANNUAL MEETING APRIL 17, 2007 1. CALL TO ORDER: Vice Chairman Tye called the meeting to order at 8:20 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Authority Members Chang, Everett, Tanaka and VC/Tye. Absent: Chairman Herrera Staff present: James DeStefano, Executive Director; Michael Jenkins, Authority Attorney; David Doyle, Assistant City Manager; Bob Rose, Community Services Director, Nancy Fong, Community Development Director, Linda Magnuson, Finance Director and Tommye Cribbins, Authority Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/Tanaka moved, AM/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Chang, Tanaka, VC/Tye NOES: AGENCY MEMBERS: None ABSTAIN: AGENCY MEMBERS: Everett ABSENT: AGENCY MEMBERS: Chair/Herrera 3.1 APPROVED MINUTES — Annual Meeting of December 5, 2006 3.2 APPROVED TREASURER'S STATEMENT — November 1, 2006 through March 31, 2007. 5. AUTHORITY MEMBER CONSIDERATION: None 6. AUTHORITY MEMBER COMMENTS: None Offered. ADJOURNMENT: With no further business to conduct, VC/Tye adjourned the Public Financing Authority meeting at 8:23 p.m. back to the Regular City Council meeting. TOMMYE CRIBBINS, Authority Clerk ATTEST: Authority Chairman AUTHORITY TO: Honorable Mayor and Members of the City Council a VIA: James DeStefano, City Man. gi TITLE: Public Financing Authority Treasu er's Statement for 2007 RECOMMENDATION: Approve. FINANCIAL IMPACT: None BACKGROUND: Agenda # PFA 302 Meeting Date: Dec. 4, 2007 April 1, 2007 through October 31, In 2002 the City of Diamond Bar, through the Public Financing Authority issued Variable Rate Lease Revenue Bonds for the purpose of building the Diamond Bar Center. One of the requirements of the bond is that the City pay a monthly lease payment to the Public Financing Authority. This payment represents the debt service on the bond and consists of the monthly interest charge and 1/12 of the principal payment due on the following July 1St. The prepaid principal payments remain in the bank accounts and are invested and safeguarded until they are due each July 1St. These funds are transferred to the Bond Trustee Union Bank of California for disbursement. The Public Financing Authority bank accounts which reflect these activities are included in this Treasurer's Statement. Although the Public Financing Authority's funds have been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement shows the cash balances for the various funds, with a breakdown of investment account balances and the effective yield earned from investments. It should be noted that all the funds in the Construction Fund have been used for the construction of the Diamond Bar Center. The funds in the Lease Prepay fund and the Lease Payment Fund are being used to pay the bond principal and interest as the payments become due. PREPARED BY: FinanceUrector Attachments: Treasurer's Statement — April 1, 2007 through October 31, 2007 ,,P c Assis ity Manager Diamond Bar Public Financing Authority Treasurer's Cash Statement 10/31/07 67- RECEIPTS PFA - Construction Fund $0.00 $0.00 PFA - Cost of Issuance Fund 0.00 0.00 PFA- Lease Prepay Fund - 194,558.34 4,172.83 PFA - Lease Payment Fund 44,482.55 366.59 $239,040.89 $4,539.42 CASH WITH FISCAL AGENT: US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD 0.00 0.00 255,209.76 167,479.36 293,770.70 289.434.67 0.00 111,000.77 $151,513.88 0.00 $151,513.88 Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund. The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month. As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank Money Mkt - Effective Yield - October 2007 4.370% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. V14;, L( Jahles DeStefa o, Treasurer VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE:/ ADDRESS:1Gr 7� I' r 1 J� i'� �ot,J� �r r�I PHONE: O �l ORGANIZATION: �— AGENDA #/SUBJECT: I expect to address the Council on the name and address as written above. ( bject agenda item Please have the Council Minutes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i! I.14 / , n , _ I DATE: ADDRESS:Z2 + -� PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes name and address as written above. tes reflect my TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK KI a," S �3-3W L.: r AGENDA #/SUBJECT: 1L-� bo I expect to address the Council on the subject agenda item. Please name and address as written above. ign`aTure DATE: CJ PHONE:, the Council Minutes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: � s ADDRESS: PHONE':'4'1 4+0 ORGANIZATION: AGENDA #/SUBJECT: 4:, I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signatu VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: J)-+) �v 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. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM: J L l�s� �1 DATE: ADDRESS: -- 'z`t�"� �s fzh; l Dv PHONE: W( ORGANIZATION: AGENDA #/SUIBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. 1 Signature