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HomeMy WebLinkAbout101816 - Agenda - Regular Meetingullamona City Council Agenda 5:30 p.m. Closed Session - Room 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 Nancy A. Lyons Jimmy Lin Mayor Mayor Pro Tem Carol Herrera Ruth M. Low Steve Tye Council Member Council Member Council Member City Manager James DeStefano • City Attorney David DeBerry • 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 requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. 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. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.Cityof Diamond Bar.com 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. x Zq DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Frontier ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 18, 2016 Next Resolution No. 2016-39 Next Ordinance No. 06(2016) CLOSED SESSION: 5:30 p.m., - Room CC -8 Public Comments on Closed Session Agenda 10. Government Code Section 54957 Public Employee - City Manager Performance Evaluation .'ae�>A>fi[�Zi77�7�i PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. OCTOBER 18, 2016 PAGE 2 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 Voter Drop-off — October 11, 2016 through November 7, 2016. Drop off your Vote By Mail (VBM) ballots at City Hall during normal business hours. 5.2 Planning Commission Meeting — October 25, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — October 27, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — November 1, 2016 — AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. 6.2 City Council Minutes: (a) Study Session of October 4, 2016. (b) Regular Meeting of October 4, 2016. Recommended Action: Approve. Requested by: City Clerk 6.3 Ratification of Check Register — Dated September 29, 2016 through October 12, 2016 totaling $1,074,443.65. Recommended Action: Ratify. OCTOBER 18, 2016 PAGE 3 Requested by: Finance Department 6.4 Approve Amendment of Facility Lease Agreement with South Coast Air Quality Management District (SCAQMD) for Use of Meeting Room Facilities. Recommended Action: Approve. Requested by: City Manager Department 6.5 Approve Amendment No. 1 to the Consulting Services Agreement for Capital Improvement Program Project Management Services with Project Partners in the Amount of $35,100 for a Total Contract Authorization Amount of $75,000. Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 (a) Ordinance No. 0X(2016): Amending Diamond Bar Municipal Code Sections 5.00.080, 5.04.010, 5.04.020, 5.04.50, 5.04.60, 5.04.070, 5.04.80, 5.04.100, 5.04.110, 5.04.130, 5.04.140, 5.08.010, 5.08.070 of Title 5 (Business Licensing) Pertaining to Business Licensing, Massage Establishments, and Massage Technicians. Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Approve for First Reading by Title Only, Waive Full Reading. Requested by: Community Development Department (b) Ordinance No. 0X(2016) Amending Sections 22.10.030, 22.30.040, 22.42.020 and 22.80.020 of Title 22 (Development Code) Pertaining to the Permissible Locations and Permit Requirements for Massage Establishments and Tattoo Parlors. Recommended Action: Receive Staff's Report, Open the Public Hearing, Receive Testimony, Close the Public Hearing, Discuss and Approve for First Reading by Title Only, Waive Full Reading. Requested by: Community Development Department OCTOBER 18, 2016 PAGE 4 8. COUNCIL CONSIDERATION: 8.1 (a) Adopt Urgency Ordinance OX (2016): Prohibiting the Establishment of Marijuana Dispensaries and Regulating Recreational Use of Marijuana. Recommended Action: First Reading by Title Only, Waive Full Reading of Ordinance No.OX (2016) and Adopt. (b) First Reading of Ordinance OX (2016): Amending Chapter 8.26 of the Diamond Bar Municipal Code to Prohibit the Operation and Establishing the Use of Marijuana. Recommended Action: First Reading by Title Only, Waive Full Reading of Ordinance No.OX (2016). Requested by: Community Development Department 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #6.1 6.1 Waive reading in full for all ordinances and resolutions and adopt the Consent Calendar. There is no report for this agenda item. CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 4, 2016 Agenda No. 6.2(a) STUDY SESSION: M/Lyons called the Study Session to order at 5:30 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. Present: Council Members Carol Herrera, Ruth Low, Steve Tye, and Mayor Nancy Lyons Absent: Mayor Pro Tem Jimmy Lin was excused. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; David Liu, Public Works Director; Greg Gubman, Community Development Director; Dianna Honeywell, Finance Director; Ken Desforges, IS Director; Anthony Santos, Asst. to the City Manager; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager; and, Tommye Cribbins, City Clerk. Also Present: Joe De La Garza and Danny Wu, WSP/Parsons Brinkerhoff; Anna Luo, Fehr and Peers, and Sung Su Yoon, Southern California Association of Governments. No. PROPOSITION 64 — ADULT USE OF MARIJUANA ACT (AUMA) — Report from Staff and City Attorney. CM/DeStefano stated that in response to questions and concerns voiced by the City Council and the fact that polling indicates Proposition 64 will pass, the question is whether Diamond Bar is prepared and what, if anything, the City needs to do to augment its existing ordinance regarding marijuana usage. CA/DeBerry reported that Prop 64 is the Adult Use of Marijuana Act (AUMA) which essentially makes it under state law not a crime to use marijuana for recreational purposes. Currently, there is a ban on medical marijuana dispensaries which includes a ban on transport and cultivation. Thus, if Council so directs, the current ordinance will need to be tweaked a bit to expand it to cover marijuana dispensaries in general whether they are for recreational or medical uses. The three areas that require policy guidance from the Council are 1) Does the Council want to ban dispensaries in total; 2) Does the Council want to ban deliveries of marijuana into the City; and 3) Does the Council want to ban outdoor cultivation of marijuana. CA/DeBerry stated that under AUMA the City cannot prohibit the indoor cultivation of up to six plants. There is some flexibility with local jurisdictions to regulate indoor cultivation; however, at this point he does not know what those regulations might be. As it stands in the City at this time, because of the Compassionate Use Act, qualified patients can grow their own Marijuana for medicinal purposes. As indicated in his earlier reports, it is really de facto recreational use because one OCTOBER 4, 2016 PAGE 2 CC STUDY SESSION can go online, and for $200 get a doctor's recommendation for almost anything including "writer's block". In Diamond Bar, qualified patients or their primary care givers, as the terms are defined, can grow marijuana on their premises for "medicinal" uses. M/Lyons asked if this was limited to only six plants. CA/DeBerry said that one of the holes is that there is no limit stated in the Compassionate Use Act. It merely says "for their personal use". However, under this particular act, cities can ban outdoor cultivation. Under the Act, cities cannot currently prohibit indoor cultivation of up to six plants and should the Council wish to regulate indoor cultivation the City should wait to see if there are any problems because that could be done at a later date when information becomes available as to what those regulations might be. In the short term, if the Council wants to have it mirror the Medical Marijuana Dispensary ban that can be done. If adopted, the Act will take effect soon thereafter but even at that point a dispensary cannot exist without a state license and the state government is not set up to issue licenses yet so there will be time which the league estimates to be mid to late 2017. Having said that, the three areas are pretty black and white and staff can begin crafting an ordinance and have it take effect if that is what the Council wishes to do. M/Lyons referred the discussion to C/Low who brought this item up. C/Low said she understands the law will go into effect the day following adoption and she is assuming that at that point someone could conceivably open up a pot shop across the street from Lorbeer which for her is a problem because first it would be next to a school and although it would not be criminal for someone over 21 to possess marijuana it is criminal for someone under 21 to possess it. CA/DeBerry reiterated that his point was that one could not open a pot dispensary until the State is set up to issue licenses so that will not happen. However, having said that, there is no reason to delay if the Council is clear on what they wish to do it is not that difficult to prepare an ordinance. C/Herrera said she believed it would be best to adopt an ordinance to address these matters prior to the passage of Proposition 64. If Proposition 64 passes and Diamond Bar does not have an ordinance in place it will be difficult to conduct any type of enforcement. CA/DeBerry said he was not suggesting the Council wait to implement the ordinance. He believes that once people start doing things and the City tries to stop them from doing those things there is more likelihood of a lawsuit. He recalled that when the Medical Marijuana Ordinance was implemented there was a lawsuit stating the City had violated CEQA. Even though the City won the lawsuit, it had to go through the process of spending money and dealing with it. OCTOBER 4, 2016 PAGE 3 CC STUDY SESSION He again stated that he was not suggesting the Council wait but rather move forward at this time to cover the three areas discussed. M/Lyons said she was in favor of moving forward with an ordinance. Both C/Low and C/Herrera agreed C/Tye believed it was wrong-headed legislation and the Council should move forward with an ordinance. The country, at the behest of the Surgeon General, has sought to make tobacco illegal with taxes, label warnings, etc. and the legalization of marijuana makes no sense to him. CA/DeBerry said that in Colorado, for example, the tax rate (35%) was so high it drove the black market for marijuana and people were still selling outside of the ordinance. So there is that same issue of whether it is going to be so costly to purchase that legally there will continue to be a black market for it. CM/DeStefano asked the Council to clarify that there is unanimous agreement to allow the City Attorney to move forward with documents, resolution and/or an ordinance for the Council's consideration at a subsequent Council meeting to which there was unanimous voice consent. 10. SR57/SR60 CONFLUENCE SUPPLEMENTAL NEEDS STUDY CM/DeStefano reported that the City has been working on this project for many years and Council is very familiar with the four phases mentioned over those many years, the first of which is now under construction. There is now an additional opportunity for roadway/interchange improvements that PWD/Liu and his team have been looking at for a number of years. PWD/Liu introduced the team and stated that this study is being funded by Caltrans Partnership Planning Grant in the amount of $100,000 and Local Management Grant for Diamond Bar in the amount of $25,000 for a total of $125,000. The request for this application is to begin thinking about how the next phase of the confluence area will be funded. In 2008 the feasibility study looked at everything from double decking to tunneling and from that exercise the phased approach was adopted for the confluence area. Phase I and Phase II are fully funded ($50 million) and $205 million for Phase III, for which the LA voters will decide. The 2008 study failed to address several key issues; missing connectors beginning at the SR57160 and whether or not it is cost-effective and addresses issues such as weaving, safety, traffic diversion, etc. in order to decide whether or not this would ultimately be the solution for the SR57/60. The purpose of tonight's study session is to provide an overview of the supplemental study to the Council as well as, an update on the progress to date which began in September/October 2015. OCTOBER 4, 2016 PAGE 4 CC STUDY SESSION Joe De La Garza stated that this study includes five major goals and objectives: 1) Update travel demand model; 2) Develop future traffic volumes; 3) Update Traffic Operations Model (VISSIM); 4) Quantify Transportation Benefits, and 5) Recommend Improvements for future study. The Project Development Team (PDT) includes SCAG, City of Diamond Bar, City of Industry, Caltrans, WSP/Parsons Brinckerhoff and Iteris. One of the first tasks was to develop Evaluation Criteria which includes criteria to evaluate feasibility and mobility benefits of improvements and assess how well each alternative relieves congestion, improve circulation, safety and air quality. There are 12 evaluation criteria, some of which are quantitative and much of which is qualitative. Major topics include how major freeway operations will be effective, how will arterial circulation in the vicinity be affected, safety, environmental sustainability, constructability and project cost. The four alternatives are: Alternative 1 — Providing direct freeway connectors between SR57 and SR60 on the northern end of the Confluence; Alternative 2 — Creating a direct connection from westbound SR60 to the Grand Avenue interchange; Alternative 3 — Addressing HOV connections between SR57 and SR60 on the southern end of the Confluence; and, Alternative 4 — Extending the HOV facility on SR57 through and north of the Confluence. The team is looking at five scenarios including 1) Future network with all of the SR57/SR650 improvements currently planned (one model run); 2) Future network with all of the SR 57/SR60 improvements currently planned, with each of the four concepts individually (four model runs); and 3) Future Network with all of the SR57/SR60 improvements currently planned, with four concepts together (one model run). This is a "High Level' study which does not necessarily look at every single inch of freeway and how it would interact; however, as engineers everyone is thinking about those things in advance. Some of the issues that would need to be documented are "where are the existing off -ramps and how do they line up, how is the grade and super elevation going to happen to make these flyovers/connection, the length of the connector may require two lanes per Caltrans requirements, etc." Alternative 2 is creating a direct connection from westbound SR60 to the Grand Avenue interchange. C/Tye said he has heard for years this could not be done because of the sharp angle and how would it compare to something like a HOV from the northbound SR55 to the northbound SR5. Mr. De La Garza said that the SR57/SR60 Alternative is a much sharper angle but anything is possible in engineering. C/Tye said it looked like a 90 degree angle. Mr. De La Garza said it is less than that — it is an acute angle and with respect to curves there would be more of a super elevation and obviously, it is a very tight right-of-way because there are houses right up against the edge. He agreed with OCTOBER 4, 2016 PAGE 5 CC STUDY SESSION C/Tye that it is definitely a challenge. It could be that they might swing out wider and come back in — different things can happen. Mr. De La Garza stated that Alternative 3 is the HOV connections and once again, there is another tight angle being looked at. He did not have a graphic showing all of the alternatives but said that one can imagine that if a connection HOV to HOV was made and Alternative 1 was included, there would be a four -level area with connectors sprawled around. Today's meeting is the first somewhat public meeting and wanted to provide the Council with an update to get feedback and discussion. The plan is to meet again in December for another update and discuss the next steps at that point. The team plans to meet with LA Metro and SLAG in December to keep them informed about what is coming and how everyone can work together since SCAG has the money and money will be needed for any of these alternatives to move forward. The analysis will be completed within the next month or so and the Final Report will be done by December 2016. M/Lyons asked if the final report would indicate which of the four options was best. Mr. De La Garza responded that it will not necessarily be the best option, but it will be options that are recommended for further study. M/Lyons asked if the 12 criteria were weighted or were equally weighted. Mr. Garza said at this time they are not weighted but he believed that as each were evaluated they will likely be weighted to some extent. M/Lyons asked if City staff would have input into how they are weighted Mr. De La Garza responded "absolutely." M/Lyons said she believed it would have a big effect on the decision. Mr. De La Garza said that the next steps involve working with the stakeholders to secure funding for additional studies, preliminary engineering, environmental, etc. C/Herrera asked if the goal was to do all four of the possibilities or the best of the four possibilities. Mr. De La Garza responded that if all evaluation criteria looks good on paper and are scored and weighted at 10 out of 10 the team would then recommend that because all of the alternatives look good they should move forward in some way. It could be that only one looks viable based on cost -benefit in which case that would be the recommendation for moving forward with the study. OCTOBER 4, 2016 PAGE 6 CC STUDY SESSION C/Herrera said she believed residents would want to know which of the four would be most effective in relieving the traffic. Others will want to know the cost for each of the alternatives and make their decision based on that type of evaluation. The westbound 60 to northbound 57 — the 90 degree turn, there is a section of undeveloped land there that years ago was proposed by a former council member to be used as a ramp to transition. However, as she understands, that land has become a landslide and she hoped the team would verify the viability of the suggestions that will be forthcoming. Mr. De La Garza said that is a great point and there is plenty of information that is being uncovered and in such an event could mean that that alternative might never happen. PWD/Liu said that all of the other stakeholders will be at the table. Over the years the City has heard from Caltrans that when it comes to missing connectors between the SR57/SR60 they too had doubts and questions about that area, especially with the upcoming improvements on the 71. The 71 will eventually be widened between the 10 and the 60. C/Herrera said that was a part of Measure M. PWD/Liu agreed and said that just this week he heard that Metro has committed funds to do the design of the 71 widening so they are getting ready which is good news for Diamond Bar. But just because Diamond Bar is doing this preliminary work the City is not certain of the outcome. All options are on the table as part of the due diligence process. At the end of the day there will be several criteria as well as, input from all of the stakeholders at which time Caltrans and Metro will weigh in heavily. When it comes to the HOV system, Caltrans has their own vision for California. M/Lyons asked if the City believes that one or more of the four options would be funded by Measure M. PWD/Liu responded no. M/Lyons asked where the City would get the funding for implementation. PWD/Liu said there are two steps after the study is completed. If the City wanted to move ahead with one or two of the alternatives it would have to work very closely with Caltrans and Metro to do a Project Site Report, a programming document that involves a lot more engineering and environmental study. From that exercise more information will be revealed and from that point the project would move into the design phase. On the programming side, Metro has the entire interchange program for 20-29. The long range transportation program includes $770 million for the SR57/60 but just because it is programmed does not mean it will be funded. It requires future dollars and future grants. But it is on their books and will have to be justified as to why this should move forward. OCTOBER 4, 2016 PAGE 7 CC STUDY SESSION Because Diamond Bar has been at the table from the beginning, the City's final recommendations will be very seriously considered by the other stakeholders. Mr. De La Garza said that when they begin to rank all of the future projects, how they come about and which dollars go where, projects that have environmental work done and other preliminary work done that show there have been efforts toward showing it to be viable, will likely move up higher on the list because they are easier to fund. In short, this preliminary process should set the City up to capture some of that funding when it becomes available, as well as, give it the ability to go after more federal dollars. C/Low asked if there were any limitations that are inherent in this process such as physical limitations or the inability to acquire different properties. Mr. De La Garza responded that this study attempts to stay within the existing right-of-way and at the same time being cognizant of areas that would be impacted and what that impact would be such as to say, this can be done but if additional right-of-ways were to be made available, this constraint is now lifted. In many of these areas, additional right-of-way involves homes and the golf course, so it becomes a challenge and for that reason this study attempts to stay within the existing right-of-way to every extent possible. C/Tye referred to slide 9 (Alternative 1) that shows the two connectors and asked how hard it would be to double deck the connectors so that it would provide more space. Mr. De La Garza responded that anything is possible. C/Herrera asked if everything suggested and discussed this evening can be investigated and included in the study. Mr. De La Garza responded that everything has and will be included in the process. This is very high level priority. At this time the study is looking at traffic volumes. PWD/Liu said that the timing was perfect because either way, shortly after the election the City will know the outcome, especially on a local level. The information will be handy for the City to plan its next steps, whether that involves another study or beginning to focus on completing Phase III of the Confluence project. Diamond Bar tries to be in the driver's seat as far as preparing information, and over the years has played to the City's advantage to have all of the information available in order to enter into meaningful discussions with Metro, SCAG and Caltrans whose information is limited. M/Lyons asked for an update on upcoming grant opportunities for the Confluence since Diamond Bar was turned down on the TIGER and other grants. OCTOBER 4, 2016 PAGE 8 CC STUDY SESSION PWD/Liu said that a couple of months ago the City learned from USDOT, the applications for the Fastlane and TIGER Grant were unsuccessful. There is an opportunity for the City to talk with USDOT to learn more about what happened in a follow up debrief. Going forward, staff is anxious to see what LA County voters decide on Measure M. Metro put together a comprehensive Traffic Improvement Plan for LA County and in the highway category the SR57/60 Phase III has been identified as one of the top priority projects and that the amount being asked for is $205 million. If voters decide not to pass Measure M the City's next option is to finish the design of Phase III which is currently at about 30 percent. Still to be done is the right-of-way engineering which will cost an additional $200-300,000. Industry has made it clear that they are hesitant in terms of being willing to complete that design. They are at about 30 percent. To date they have contributed about $35 million and anything additional falls behind their priorities. The next step is to try to get other stakeholders to come on board with at least $300,000 to complete the right-of-way engineering. This means taking little bites rather than looking for $205 million from another source. The bottom line is that the City needs to look to itself at this point. PWD/Liu said he believes that procuring the $300,000 is feasible and needs to convince Metro, SCAG and Caltrans to share that cost in a three-way split in order to continue to make progress. This is a slow paced process it needs to keep moving forward. If LA County voters approve Measure M, the $25 million will come to Diamond Bar about a year from now and Diamond Bar needs to be ready for that eventuality. So within a year the remaining 70 percent needs to happen. In the meantime, Diamond Bar is moving forward. Public Comments: None. ADJOURNMENT: With no further business to come before the City Council, M/Lyons adjourned the Study Session at 6:10 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2016. NANCY LYONS, Mayor Agenda No. 6.2(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 4, 2016 @96Q STUDY SESSION: 5:30 p.m., Room CC -8 ► Proposition 64 —Adult Use of Marijuana Act (AUMA) Report from Staff and City Attorney ► SR57/SR60 Confluence Supplemental Needs Study Public Comments: None CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: M/Lyons led the Pledge of Allegiance. INVOCATION: Shaykh Nomaan Baig, Institute of Knowledge, provided the Invocation. ROLL CALL: Council Members Herrera, Low, Tye and Mayor Lyons. Absent: Mayor Pro Tem Lin was excused. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu, Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Anthony Santos, Asst. to the City Manager; Amy Haug, Human Resources/Risk Manager; Marsha Roa, Public Information Manager; Alfa Lopez, Senior Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano asked that Item 6.3 be removed from the agenda as it was inadvertently added after the item was approved at the previous City Council meeting. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera and City Council Members presented a City Tile to Capt. Jeff Scroggin for his service at the Diamond Bar/Walnut Station. BUSINESS OF THE MONTH: 1.2 C/Low and City Council presented a City Tile to Assistant Manager Chris Keel on behalf of See's Candies, 1117 Grand Avenue as Business of the Month for October 2016. OCTOBER 4, 2016 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Diamond Bar/Walnut Sheriff's Station's new Captain, Captain Al Reyes by Captain Scroggin. 2.2 Introduction of Deputy German Perez (traffic related issues) by Captain Scroggin. CM/DeStefano wished Captain Scroggin the very best. He has been an outstanding member of the team. CM/DeStefano has personally worked with many captains at the local station and has never worked with anyone who is as dedicated and inspiring as Captain Scroggin has been. He has been a true leader and model and with very tough shoes to fill. With that being said, Diamond Bar is looking forward to working with Captain Reyes who has worked in a variety of different station settings, including the jails and as a sergeant in a number of stations. He has been an operations lieutenant overseeing the detective bureau and a service area lieutenant. He has been in all aspects of station command and will do extremely well. 2.3 Update on Restaurant Week October 8 through 14, 2016 — SMA/Lopez announced that as of today there are a total of 20 participating restaurants. Diamond Palace Cuisine of India signed up this afternoon and the Diamond Bar Golf Course Player's Club Bar and Grill. This morning the Chamber of Commerce which was hosted by the Holiday Inn held a press conference to kick off Diamond Bar Restaurant Week. Diamond Bar is grateful to the Holiday Inn for hosting the conference which was well attended and received great remarks by restaurant owners who attended. The event was covered by several members of the media including Phoenix TV, DBTV and Singtel LA. Mayor Lyons and members of the Chamber of Commerce were also in attendance. The Grand Opening and Ribbon Cutting Ceremony is scheduled for Thursday, October 13 at 11:00 a.m. at Guacs. Ribbon Cutting will take place at 11:30 a.m. Diners are encouraged to visit the website www.dbrestaurantweek.com to view the most recent list of participants and check out the special menus. 3. PUBLIC COMMENTS: Pui Ching Ho, Diamond Bar Library, reported that the Diamond Bar Library and Friends of the Diamond Bar Library are sponsoring another great month of activities in October based around the book Suspects by Robert Crais. Everyone is encouraged to read the book and then participate in the fun and interesting activities. One of the characters in the book is a very intelligent canine named Maggie who adds her own dimension to the story and because of Maggie, Library events will be planned around animals. These events include a Basic Pet First -Aid and CPR class on Saturday, October 8 at 2:00 p.m. The library will present a special workshop for teens interested in becoming a crime scene OCTOBER 4, 2016 PAGE 3 CITY COUNCIL investigator, Teen Forensic Fun on Tuesday, October 11 at 3:30 p.m. Read Together is a family event and children are encouraged to read "Nubs: The True Story of a Mutt, a Marine & a Miracle" and participate in the book discussion on Monday, October 17 at 4:00 p.m. For teens, the library suggests reading 'The Adventures of Sherlock Holmes" and to participate in the discussion on Tuesday, October 18 at 3:30 p.m. Please check the library website at http://colapublib.org/libs/diamondbar/index.php for additional October events. Lilian De Loza-Gutierrez, San Gabriel Valley Area Deputy for LA County Metro, spoke about Measure M that will be on the November 8 ballot. She encouraged everyone to pick up a brochure in the lobby on their way out which will provide information on the issue. Measure M is a '/2 cent sales tax that would go toward major transportation improvements for the next 40-50 years. It is a "no sunset' sales tax that would provide 5 cents for every $10 purchase and the money would go toward transportation. It is exciting for the City of Diamond Bar because local projects such as the SR57/60 Confluence project are a part of Measure M. In addition, Diamond Bar would receive approximately $800,000 a year to go toward local transportation improvements (pothole repairs, street improvements, street improvements, signal sync, etc.). Metro encourages the City Council and members of the community to log on and learn more about this measure atwww.metro.net/theplan. Contact her for any questions or concerns. 4. RESPONSE TO PUBLIC COMMENTS: None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Restaurant Week Celebration — October 8 through 14, 2016 www.diamondbarrestaurantweek.com 5.2 Planning Commission Meeting — October 11, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 General Plan Advisory Committee Meeting — October 12, 2016 — 6:30 p.m. to 8:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 Traffic and Transportation Commission Meeting — October 13, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Barktoberfest — October 15, 2016 — 9:00 a.m. to 1:00 p.m., Pantera Park Dog Park, 738 Pantera Drive. 5.6 City Council Meeting October 18, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. OCTOBER 4, 2016 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: C/Low moved, C/Herrera seconded, to approve the Consent Calendar as presented with the exception of Items 6.3 (previously pulled), 6.8, 6.10 and 6.11 pulled by C/Low. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES - Regular Meeting of September 20, 2016. 6.4 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of July 28, 2016. 6.5 RECEIVED AND FILED PLANNING COMMISSION — Regular Meeting of July 26, 2016. 6.6 RATIFIED CHECK REGISTER — Dated September 15, 2016 through September 28, 2016 totaling $1,548.966.28. 6.7 APPROVED TREASURER'S STATEMENT for the Month of August 2016. 6.9 ADOPTED RESOLUTION NO. 2016-37: A JOINT RESOLUTION WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE CITY COUNCIL OF THE CITY OF POMONA AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE REORGANIZATION OF TERRITORY KNOWN AS CITY OF POMONA REORGANIZATION 2015- 14, CONSISTING OF DETACHMENT OF TERRITORY FROM THE CITY OF DIAMOND BAR AND ANNEXATION TO THE CITY OF POMONA, AND WITHDRAWAL FROM THE COUNTY PUBLIC LIBRARY SYSTEM. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of July 14, 2016 (Previously approved on September 19th Council Meeting). OCTOBER 4, 2016 PAGE 5 CITY COUNCIL 6.8 APPROPRIATE TRAFFIC IMPACT MITIGATION FUNDS IN THE AMOUNT OF $20,000 TO THE FISCAL YEAR 2016-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET; ADOPT RESOLUTION NO. 2016-37; APPROVE PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT AND AWARD A CONTRACT FOR THE CONSTRUCTION OF THE GRAND AVENUE/DIAMOND BAR BOULEVARD STREET CLOCK AND MEDIAN IMPROVEMENTS PROJECT TO CEM CONSTRUCTION CORP. IN THE AMOUNT OF $64,770; PLUS, A CONTINGENCY AMOUNT OF $7,230 FOR A TOTAL AUTHORIZATION OF $72,000. C/Low said it was her understanding that this is an item that was approved prior to her being seated on the City Council. Upon reviewing staff's report and recommendation she saw that it was a project that will sit on Diamond Bar Boulevard and is concerned that because the City is in the process of creating a new General Plan, this project would be phased out in the next couple of years. In consideration of the new General Plan she believes there will be a new vision for Diamond Bar and her concern with this plan is that it may conflict or hinder what will be part of the new plan. If it is different, the City would have spent $72,000 only to have the project changed in the future. In addition, this is for establishment of a clock and there is a clock in the area where this project is being proposed. C/Tye said he did not believe that anything in the General Plan Update would render this obsolete. He has been a proponent of this idea for many years and thinks that it would make a statement in an area that the City has developed at Diamond Bar Boulevard and Grand Avenue. That being said, the City has waited this long and it probably would not matter to wait awhile longer but he does not believe it would interfere with the current General Plan Update and would in fact, be a benefit to the community. C/Herrera asked C/Low if she proposed to make a motion to set this matter on the table until a future date. C/Low said she would propose a motion to table this matter. She believes it is a great idea to have a focal point and perhaps the City can have one or more than one which would enhance the look of Diamond Bar and would like to see it done in a cohesive manner. C/Herrera said she sees C/Low's point and it is never fun to make plans, carry through and then unmake them and spend money that did not need to be spent because of a change and she would therefore second C/Low's motion. OCTOBER 4, 2016 PAGE 6 CITY COUNCIL M/Lyons said she had been thinking about whether the clock matched up with the latest exit and entry to the City. M/Lyons asked for a vote on C/Low's motion to table Item 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 6.10 APPROVAL OF PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR ON-CALL SOILS AND GEOTECHNICAL ENGINEERING SERVICES WITH (1) LEIGHTON AND ASSOCIATES, INC., (2) NINYO AND MOORE; AND, (3) WILLDAN GEOTECHNICAL FOR A PERIOD OF THREE (3) YEARS. 6.11 APPROVAL OF ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES CONTRACT WITH (1) DKS ASSOCIATES; (2) FEHR & PEERS; (3) ITERIS; (4) KIMLEY HORN; (5) SASAKI TRANSPORTATION SERVICES; AND, (6) STANTEC, FOR A PERIOD OF THREE YEARS. C/Low stated that with respect to Items 6.10 and 6.11 she spoke with PWD/Liu who was very helpful in addressing her questions, one of which addressed the issue of having three separate on-call contractors under Item 6.10 and six separate on-call contractors on Item 6.11 and how the City determined to engage these contractors and why they are believed to be the best contractors for the projects the City intends to pursue. PWD/Liu stated that currently, the City has three on-call Soils and Geotechnical Engineering firms and six on-call Traffic and Transportation Engineering Services firms. Going forward, a couple of months ago staff sent out an RFP (Request for Proposal) to a list of pre -qualified consultants. As previously mentioned to C/Low on an ongoing basis, staff maintains a very active list of qualified consultants. During the distribution and RFP process the City distributed the RFP's to firms that are known to have more information and knowledge about local conditions and needs expressed in the Scope of Work. Diamond Bar is not a flat city and has hillside topography and it is very critical when looking at any type of work such as land development, landslide mitigation and/or capital improvement projects, staff has to make sure that based upon those conditions it is important for the City to retain firms that have experience with landslide stability and settlement issues as well as, the historical knowledge of geologic conditions in Diamond Bar. All three firms that are recommended to the City Council tonight are current service providers and going forward it makes sense to continue to recommend that these three firms' best represent the needs and project capabilities of the City. OCTOBER 4, 2016 PAGE 7 CITY COUNCIL Additionally, these three firms consistently provide the level of service Diamond Bar expects. All three firms have done everything from plan checking and addressing last minute calls in a very responsive manner. For example, when the City was working with Lennar Homes on the Willow Heights project, Leighton and Associates was instrumental in helping staff understand some of the issues and worked very well with the developer and staff to facilitate the land development and subdivision map. With respect to the Minnequa Landslide which happened on private property, it was critical for the City to address the safety issues and immediately turned to Ninyo and Moore to assist the City in assessing the situation for which they devised a remediation plan. Willdan Geotechnical is a company that is currently helping the City with the Kmart Redevelopment project and concurrently with the South Point Residential Development. At the end of the day it makes sense for Diamond Bar to have a pool of consultants that have the experience and qualifications these companies have and if one of these companies is unavailable another can step in on short notice. When talking about land development projects it is not uncommon for a developer or their engineers to question or challenge Diamond Bar's professional staffs and consultants' requirements and conditions. With a pool of consultants, PWD/Liu can go to another party and ask for a third -party review and comments and facilitate further discussions which generally works to the advantage of the City to work with the developer to build something that makes sense for Diamond Bar and that it is a good and safe project for the City. C/Low asked how staff would work with a new firm that was interested in Diamond Bar and whether at some point they would be able to be considered through the RFP process or is the RFP limited to firms that the City has worked with previously. PWD/Liu reiterated that staff maintains an active list of qualified consultants and depending on the specific task or project other consultants will be considered based on their expertise. In addition, when it comes to the public services no consultant can be excluded from consideration. State law is also very clear that the process has to be a qualification based process so anyone who expresses interest can do their homework and submit a proposal. Staff then has to make sure that the proposal is based on qualification and other criteria including fees. The final decision is about qualifications when staff makes its recommendation to the City Council. CM/DeStefano said that with respect to Items 6.10 and 6.11, Diamond Bar was formed under a "contract city" operational model which means that the City philosophically does not subscribe to the notion that the City should have 500 employees, its own police department, fire department, etc. Diamond Bar has been very selective over the years and has grown over the years in various areas of operation. When the City began it OCTOBER 4, 2016 PAGE 8 CITY COUNCIL contracted for Parks and Recreation, Planning, etc. for which the City now has full-time staff. In many areas and in particular the area of geotechnical services and traffic services, Diamond Bar does not have that level of technical expertise on staff. Most cities do not and Diamond Bar does not wish to. It is not the type of service levels that the City requires on a daily basis as is the case with some of its other disciplines. As a result, the City seeks consultant services in those different areas of expertise and in so doing, attempts to hire multiple firms in order to provide flexibility and agility to work fast when needed and in particular to be responsive to the needs of the Council and the community. Diamond Bar has done so in just about everything it does from legal services generalists such as CA/DeBerry and his firm and specialty services for HR and City prosecution. Could all of that be done in one firm? Yes, and when the City recruited three plus years ago for Woodruff, Spradlin & Smart to provide services, each proposer was asked whether or not they could provide all legal services. And on occasion, staff will speak with CA/DeBerry about City prosecution matters and Human Resources related matters. This scenario provides the City with that type of flexibility. Diamond Bar has tended to do this in nearly every arena including areas of contract maintenance services. While the City has parks and grounds contractors working in specific areas, the City will often mix things up to meet the needs. Recently, the Diamond Bar Boulevard medians rework was awarded to Valley Crest and yet it is Excel that does the weekly, monthly and annual work on those properties. Philosophically the City has always done so and it is not unlike having multiple providers for health services such as medical doctors, dentists, etc. The soils engineering and traffic engineering firms are on-call as needed. None of these firms are being paid retainers, they are being paid only when services are required. As PWD/Liu stated, sometimes folks on the soils side help the City with specific projects and if they are developer requests for entitlements, the developers are paying for those. If it is work that is coming from the City on City property or just a City service need, the City pays them. The same is true of Traffic Engineering and in this case it is more detailed because the City has people who assist at the state level and details of the Kmart project. They may not be the same firm and each firm may not be able to provide all of the services that the City needs. It stems from an original philosophy that has worked well for Diamond Bar and while there may be questions about why the City does what it does, it has been very successful. To reiterate what PWD/Liu earlier stated, when Diamond Bar seeks such services the City allows other providers to seek a contract with the City however the process is not opened to the world. If the City posted it on internet-based websites, etc. staff would be spending the entirety of its time looking at the 3,000 proposals the City would receive. For example, if the City had done that three plus years ago for legal services, every family law attorney would have tried to become the City attorney and staff would have had to go through all of those proposals. In OCTOBER 4, 2016 PAGE 9 CITY COUNCIL many cases, while a specific menu of services is listed and staff works with new firms from time -to -time, it is limited because time is valuable and staff is small. In addition, there is no sense in looking at an engineering firm from Ohio that happens to submit a proposal and wastes the City's time in doing so. So, in some arenas the City has limited itself to those that are known and those that have come recommended. C/Low asked if with respect to Item 6.11 six on-call contractors was the correct number and, are these contractors similarly experienced in the City of Diamond Bar because traffic is one of the City's priorities. PWD/Lu said that with the exception of Stantec, the other five companies have provided the City with services for the past five years. Because Diamond Bar is located at the confluence of the SR57/60 roadways are being used by commuters and residents that travel the City's arterials on a daily basis. In addition, the City has school -related traffic issues. From the freeway to the local residential streets there are a myriad of issues that occur on a regular basis from requests for stop signs to addressing regional traffic issues such as tonight's discussion on the overview of the SR57/60 Supplemental Needs Study which is a very high-level planning study. Staff and Council are acutely aware that the public expects their traffic issues and concerns to be considered by the most responsible parties and team of experts. Each and every company staff is recommending to the Council tonight not only has the history with the City, but over the years they have each successfully completed several different projects. For example, within the last five years, DKS worked with residents and the City to implement several of its Neighborhood Traffic Management programs and initiate mitigation measures. Currently, DKS is helping with the media modification project at Diamond Bar Boulevard and Maple Hill Road. Tonight the Council heard from a member of Fehr & Peers. Over the years this firm has conducted several significant studies for the City in preparation of the SR57/60 Confluence Project including everything from traffic operation models to travel demand models and the SR71 freeway widening/separation project. Since the implementation of the Traffic Management System Iteris has been a key partner in helping staff maintain the system and will play a key role in developing and implementing the Diamond Bar Adaptive Control System. Kimley Horn's expertise is similar to Iteris with respect to the Traffic Management System and they are very good at highway interchange design, a key to potential projects moving forward. Sasaki Transportation Services has been with the City for the past 15 years and acts as the City's plan check and reviewer of development related projects. He is very good at reviewing Traffic Impact studies and when he develops conditions and requirements from the City's perspective he has the best interest of the City in mind because he knows how Diamond Bar identifies needs and priorities for the community in terms of impacts to the City and its residents. Stantec is relatively new but the project manager was OCTOBER 4. 2016 PAGE 10 CITY COUNCIL previously with another firm known to Diamond Bar and as a result, forwarded the RFP to him to see if his firm was interested in helping the City. Over the past couple of years since MPT/Lin's appointment to the City Council Diamond Bar has been winding down its business relationship with his firm, KOA. KOA has been instrumental in day-to-day plans for traffic management support work. By October 16 the City will be finished with the KOA contract. Another individual on the team of consultants was Warren Sieke who for many years served as a City Traffic Engineer. He was the contract city traffic engineer for Brea for many, many years and Diamond Bar took advantage of his expertise because he was very selective in terms of what cities he wanted to serve, of which Diamond Bar was one of his favorite. Warren Siecke retired about four years ago. In conclusion, over the years it has made sense for the City on short notice for short-term planning to draw from a pool of talented and specialized consultants. Most firms will tell you they can do everything but Diamond Bar focuses on the project managers' specific qualifications and experiences that represent these companies. C/Low said it sounds like PWD/Liu has a very good working relationship with these individuals and because of that the City ends up with very good products and services from these engineers. C/Low moved, C/Herrera seconded, to approve Item 6.10 and 6.11 as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2016-38: AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR FISCAL YEAR 2016-17 TO REPROGRAM FUNDS TO THE MORNING CANYON ADA PARKWAY IMPROVEMENTS PROJECT FROM THE CDBG UNALLOCATED BALANCE IN THE AMOUNT OF $225,000. CM/DeStefano reported that there is a Public Hearing requirement for The Federal Community Development Block Program and the local LA County Community Development Commission because the City is moving unused Community Development Block Grant money from an unallocated account into the Morning Canyon ADA and Tree Preservation project. The City had previously received direction from the Council to move forward with the project and budgeted for it in May/June of 2016 with City funds. OCTOBER 4, 2016 PAGE 11 CITY COUNCIL c, 9 Subsequently, the City learned that it had an opportunity to use some unallocated dollars from the Community Development Block Grant and checked with the City's consultant who worked with the Community Development Commission to bring this about and set forth a Public Hearing Notice for tonight's discussion in order for anyone who had an interest in this proposal to move money from the unallocated account to this particular project to come forward and speak. This is simply a reallocation of Community Development Block Grant dollars in the amount of $225,000 which saves that amount being taken from the Diamond Bar General Fund. Accordingly, staff is asking that the City Council conduct a public hearing on this matter and upon conclusion, take action and approve this matter. M/Lyons opened the Public Hearing at 7:38 p.m. There being no one present who wished to speak on this matter, M/Lyons closed the Public Hearing at 7:39 p.m. C/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2016-38: Amending the City's Community Development Block Grant (CDBG) Program for Fiscal Year 2016-17 to Reprogram Funds to the Morning Canyon ADA Parkway Improvements Project from the CDBG Unallocated Balance in the amount of $225,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Lin COUNCIL CONSIDERATION: None. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye said he hoped everyone would participate in Diamond Bar Restaurant Week. This will be a very exciting first-time event and M/Lyons is to be congratulated for spearheading this project and seeing it through to fruition. He is excited to be a part of its success over the next week. He congratulated Captain Scroggin and wished him the very best. He looks forward to the leadership of Captain Reyes. C/Low welcomed Captain Reyes to Diamond Bar. Last week she attended the Wildlife Corridor Conservation Authority during which the decision was made to authorize staff to apply for a grant of $1 million from the LA County Board of Supervisors to begin the process of looking at property to acquire for conservation purposes. This grant would be taken from a $10 million fund that has been sitting in the County's coffers for 10 years. Thank you and great job to OCTOBER 4. 2016 PAGE 12 CITY COUNCIL staff for the big beautiful large entry sign at the southern end of Diamond Bar Boulevard. She echoed C/Tye's comments regarding Restaurant Week which will be worth every one of the 10 pounds gained! She encouraged everyone to join the Library in October for Read Together Diamond Bar. C/Herrera welcomed Captain Reyes. Diamond Bar looks forward to working with and getting to know him better. She knows he will do a great job because CM/DeStefano chose him and CM/DeStefano has great taste. This morning she attended a Foothill Transit meeting and at that meeting John Fasana, Council Member from Duarte and Chair of LA Metro provided information on Measure M which she placed at Council Member desks and on the table in the lobby. She pointed out that Foothill Transit is a recipient of some of the Measure M funds and will be gaining $11 million annually. Diamond Bar is also a recipient and will gain a little over $800,000 annually. The SR57/60 Confluence project that Diamond Bar has been working on for more than 10 years to get funding for is included in the plan as well, a direct benefit to Diamond Bar. At a recent SCAG meeting she learned that SCAG has entered into a contract with world renowned Dr. Lucy Jones ("the Earthquake Lady") to conduct seven (7) sub -regional earthquake preparedness seminars throughout the next year, the first of which will be held on October 25 at the Arcadia City Hall, 240 West Huntington Drive from 1:00 p.m. to 4:00 p.m. The goal of the partnership between SCAG and Dr. Jones is to protect the Southern California economy from the predictable disruption that will result from a large regional earthquake and to help everyone become prepared for such an event. SCAG will continue these efforts and provide an all day workshop in early 2017 which will be offered for those cities interested in taking the next step and tackling the most critical and manageable issue affecting their communities today. So please invite people to attend if they are interested and RSVP to Javier Cartagena of SCAG at 213-236-1980. Foothill Transit is considering a double decker bus and now has on loan a double decker bus that started running yesterday along virtually the same line as the Silver Streak along the 10 freeway, and will continue to run until this Friday. Individuals can ride at no charge to check it out except that riders are asked to provide feedback before Foothill purchases a couple of these electric buses. M/Lyons asked C/Herrera to report on the double-decker bus excursion at the next meeting. There is a big election coming up in November to elect a president, vice present, new assembly member, new state senator and perhaps most of the audience have given thought to these offices. In fact, people really need to begin giving consideration to propositions, one of which was discussed this evening that can have a great effect on the region. As she understands it, there will be 17 different statewide measures on the ballot. Measure M is a county measure. Something that might be helpful in the consideration process is that there will be at least one local forum about the propositions which will be hosted by the Diamond Bar Branch of the American Association of University Women in conjunction with the League of Women Voters on Monday, October 24 at 6:00 p.m. in the Windmill Room (first floor) at City Hall. Refreshments will be served. As C/Low previously commented, M/Lyons also hoped that people OCTOBER 4, 2016 PAGE 13 CITY COUNCIL would participate in one or more of the Read Together Diamond Bar activities. The topics are quite varied and many involve animals. The first event took place this past Saturday and it was very successful. City staff, led by SMA/Lopez has put together a slate of tasty options for residents to try beginning Saturday, October 8, and she hopes each person will pick at least one restaurant and join her in this culinary adventure. At the last Council meeting she pledged to eat at all participating restaurants within the week before more restaurants were added. However, she still promises she will get to all of the restaurants within the week and will keep track and report about her experience at the next meeting. Bon Appetit! ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:49 pm TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2016. NANCY LYONS, MAYOR CITY COUNCIL Agenda 4 F - Meeting Date: October 18, 2016 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mange TITLE: Ratification of Check Register dated leptember 29, 2016 through October 12, 2016 totaling $ 1,074,443.65 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,074,443.65 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated September 29, 2016 through October 12, 2016 for $ 1,074,443.65 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. Luisa Allen Accounting Technician REVIEWED BY: _ L P Finance Director Attachments: Affidavit and Check Register — 09/29/16 through 10/12/16. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated September 29, 2016 through October 12, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund General Plan Revision Fund OPEB Reserve Fund Prop A - Transit Fund Prop C - Transit Tax Fund Intergrated Waste Management Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Vehicle Maint/Repl Fund Equip Maint/Repl Fund Signed: C" Dianna Honeywell Finance Director Amount $671,625.06 $25,641.50 $875.00 $5,722.53 $5,008.77 $14,682.20 $1,502.21 $620.08 $620.08 $341,646.37 $1,431.09 $5,068.76 $1,074,443.65 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between 120160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118076 09/29/16 ASOEIDAB ABDULMASIH ABOEID 001 FACILITY REFUND-PTRSN 0.00 50.00 10100 118077 09/29/16 AFLAC AFLAC 001 SEPT 16-SUPP INS PREM 0.00 1,766.80 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-DAY CAMP 0.00 13.06 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015333 SUPPLIES-DBC 0.00 97.94 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-TEEN NIGHT 0.00 100.00 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-GEN 0.00 120.15 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-CONCERTS 0.00 240.38 10100 118078 09/29/16 ALBERTSO ALBERTSONS LLC 0015350 SUPPLIES-SR PROF 0.00 433.94 TOTAL CHECK 0.00 1,005.47 10100 118079 09/29/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 GEOTECH SVCS-ADG 0.00 1,654.00 10100 118079 09/29/16 ARCHTERR ARCHITERRA DESIGN GROUP 2505310 TRAILS DESIGN-PETERSN 0.00 1,750.00 TOTAL CHECK 0.00 3,404.00 10100 118080 09/29/1.6 BECERRAT ISRAEL BECERRA 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 118081 09/29/16 BEEREMOV BEE REMOVERS 0015558 BEE REMOVAL SVCS 0.00 115.00 10100 118082 09/29/16 BERGMEIE RENATE BERGMEIER 001 RECREATION REFUND 0.00 17.00 10100 118083 09/29/16 BESTLTG BEST LIGHTING PRODUCTS 0014093 SUPPLIES-CITY HALL 0.00 85.00 10100 118084 09/29/1.6 CAWATERS CALIFORNIA WATERS LLC 0015333 MONTHLY MAINT-DBC 0.00 380.00 10100 118085 09/29/16 CDW-G CDW GOVERNMENT 0014070 COMP MAINT-I.T. 0.00 1,417.69 10100 118086 09/29/16 CIVICPUB CIVIC PUBLICATIONS INC 0014096 WEBSITE DESIGN SVCS 0.00 2,690.00 10100 118087 09/29/16 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 SUPPLIES-TINY TOTS 0.00 239.25 10100 118088 09/29/16 EDINBERG CNC PRINTWERKS 0014030 PRINT SVCS-BUS CARDS 0.00 92.65 10100 118089 09/29/16 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS-DECORAH 0.00 102.50 10100 118089 09/29/16 DAPEERRO DAPEER R0SENBLIT & LITVA 0014020 LEGAL SVCS-AUG 2016 0.00 2,548.00 TOTAL CHECK 0.00 2,650.50 10100 118090 09/29/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES-PR 15-2255 0.00 -182.25 10100 118090 09/29/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 ADMIN FEES-PR 15-2255 0.00 162.25 10100 118090 09/29/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 001 PROF.SVCS-PR 15-2255 0.00 1,012.50 10100 118090 09/29/16 DAVIDEVA DAVID EVANS AND ASSOCIAT 0015551 ARCHITECT SVCS-AUG 0.00 606.93 TOTAL CHECK 0.00 1,619.43 10100 118091 09/29/16 DAVISSAL SALLY DAVIS 00i RECREATION REFUND 0.00 17.00 10100 118092 09/29/16 DEL`I'ACAR DELTA CARE PMI 001 OCT 16-HMO DENTAL PRM 0.00 262.24 10100 118093 09/29/16 DELTADEN DELTA DENTAL 001 OCT 16-DENTIA, PREMIUM 0.00 4,212.22 10100 118094 09/29/16 DHMAINTE DH MAINTENANCE 0015333 ADDL MAINT-DBC 0.00 500.00 1 SUNGARD PENTAMATION INC PAGE NUMBER: DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- SALES TAX AMOUNT 10100 118095 09/29/16 DBMOBIL DIAMOND BAR MOBIL 5205556 VEH MAINT-PARKS 0.00 43.03 10100 118096 09/29/16 DMPR4LLC DMPR 4 LLT 0014030 STORAGE RENTAL -OCT 0.00 1,522.00 10100 1,18097 09/29/16 ECSIMAGI ECS IMAGING INC 0014070 ANNL RENEWAL-L/FISCHE 0.00 8,903.22 10100 118098 09/29/16 ELARMORO ROSALYN ELARMO 001 FACILITY REFUND -DSC 0.00 100.00 10100 118099 09/29/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 ADDL MAINT-CITY HALL 0.00 440.00 10100 118100 09/29/16 ESQUOLGA OLGA ESQUIVEL 001 RECREATION REFUND 0.00 34.00 10100 118101 09/29/16 EXPRESSM EXPRESS MAIL CORPORATE A 0015210 EXPRESS MAIL-C/DEV 0.00 20.66 10100 118101 09/29/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -PL 16-76 0.00 20.66 TOTAL CHECK 0.00 41.32 10100 118102 09/29/16 FEDEX FEDEX 0014030 EXPRESS MAIL -GENERAL 0.00 24.49 10100 118102 09/29/1.6 FEDEX FEDEX 0014030 EXPRESS MAIL -GENERAL 0.00 27.30 10100 118102 09/29/16 FEDEX FEDEX 001 EXPRESS MAIL-PL13-104 0.00 34.10 10100 118102 09/29/16 FEDEX FEDEX 001 EXPRESS MAIL-PL13-104 0.00 34.27 10100 118102 09/29/16 FEDEX FEDEX 0014030 EXPRESS MAIL -GENERAL 0.00 50.48 10100 118102 09/29/16 FEDEX FEDEX 001 EXPRESS MAIL-PL14-579 0.00 68.54 10100 118102 09/29/16 FEDEX FEDEX 001 EXPRESS MAIL-PL15-528 0.00 71.55 TOTAL CHECK 0.00 310.73 10100 118103 09/29/16 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CHI 0.00 155.44 10100 118103 09/29/16 FRONTIER FRONTIER COMMUNICATIONS 0015556 PH.SVCS-HERITAGE PK 0.00 176.08 10100 118103 09/29/1.6 FRONTIER FRONTIER COMMUNICATIONS 0015333 PH.SVCS-DBC F,MER B/UP 0.00 359.11 TOTAL CHECK 0.00 690.63 10100 118104 09/29/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 CAPITAL CONTRIBUTION 0.00 184.00 10100 118104 09/29/16 GATEWAYC GATEWAY CORPORATE CENTER 0014093 ASSOCIATION DUES -OCT 0.00 1,601.00 TOTAL CHECK 0.00 1,785.00 10100 118105 09/29/1,6 GWMP, GATEWAY WATER MANAGEMENT 003.5510 MNGMNT PROG FOR LSGR 0.00 113,755.25 10100 118106 09/29/16 GOVCONNE GOVCONNECTION INC 5304070 SHOCK RACK MOUNT BOX 0.00 5,068.76 10100 118107 09/29/16 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI REMOVAL SVCS 0.00 2,912.00 10100 118108 09/29/16 GRANICUS GRANICUS INC 0014070 MONTHLY SVCS -OCT 16 0.00 1,000.00 10100 118109 09/29/16 GRAVESLI LINDA GRAVES 00i RECREATION REFUND 0.00 17.00 10100 118110 09/29/16 GRIFFITH SHANNON GRIFFITHS 0015350 CONTRACT CLASS -FALL 0.00 177.60 10100 3.3..81.11 09/29/16 HEDEKINB BILL HEDEKIN 001 RECREATION REFUND 0.00 34.00 10100 118112 09/29/16 HIROSEJE JEFFREY HIROSE 0015350 CONTRACT CLASS -FALL 0.00 108.00 10100 118113 09/29/16 IVHS HUMANE SOCIETY OF POMONA 0014431 ANIMAL CONTROL SVCS 0.00 13,333.33 2 SUNGARI) PENTAMATION INC PAGE NUMBER: DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118114 09/29/16 ITERIS ITERIS INC 2505510 TRAFFIC SIGNAL SVCS 0.00 11,155.05 10100 118114 09/29/16 ITERIS ITERIS INC 2505510 TRAFFIC SIGNAL SVCS 0.00 29,849.00 TOTAL CHECK 0.00 41,004.05 10100 118115 09/29/16 JIMEJASO JASON JIMENEZ 001 FACILITY REFUND -DBC 0.00 3.00 10100 118116 09/29/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 LEGISLATIVE SVCS -OCT 0.00 3,000.00 10100 118117 09/29/16 JOHNSONK KEITH JOHNSON 0015350 D/J SVCS -SR PROG 0.00 350.00 10100 118118 09/29/16 SNOWLESS SANDRA KNOWLES 001 RECREATION REFUND 0.00 17.00 10100 118119 09/29/16 LIUTIN TINA C LIU 0015350 CONTRACT CLASS -FALL 0.00 180.00 10100 118120 09/29/1.6 MANAGEDH MANAGED HEALTH NETWORK 001 OCT 16 -EAP PREMIUMS 0.00 129.60 10100 118121 09/29/16 MMASC MMASC 0014030 MEMBERSHIP RENEWAL 0.00 85.00 10100 118122 09/29/16 MOBILERE MOBILE RELAY ASSOCIATES 0014440 REPEATER SVCS -OCT 16 0.00 78.75 10100 118123 09/29/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 SUPPLIES -WATER 0.00 74.99 10100 118123 09/29/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 EQ RENTAL -DBC 0.00 11.98 TOTAL CHECK 0.00 86.97 10100 1181.24 09/29/16 NEXUSIS NEXUS IS INC 0014070 SVCS MAINT-CAMERAS 0.00 2,950.67 10100 118125 09/29/16 PAETECCO PAFTEC COMMUNICATI0NS IN 0014070 LONG DIST PH SVCS -SPT 0.00 1,899.20 10100 118126 09/29/16 PHILLENA ENA PHILLIPS 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 118127 09/29/16 PINEDALI LIZETTE PINEDA 0015350 CONTRACT CLASS -FALL 0.00 180.00 10100 118128 09/29/16 PIPERJOS JOSEPH PIPER 001 RECREATION REFUND 0.00 17.00 107.00 118129 09/29/16 POLICFBR BRENDA POLICE 001 RECREATION REFUND 0.00 1.00 10100 118129 09/29/16 POLICEBR BRENDA POLICE 001 RECREATION REFUND 0.00 27.00 TOTAL CHECK 0.00 28.00 10100 118130 09/29/16 PUSD POMONA UNIFIED SCHOOL DI 0015350 GYM RENTAL -AUG 16 0.00 1,260.00 10100 118130 09/29/16 PUSD POMONA UNIFIED SCHOOL DI 0015350 GYM RENTAL-JUL 16 0.00 1,680.00 10100 118130 09/29/16 PUSD POMONA UNIFIED SCHOOL DI 0015350 FACILITY RENTAL -JUN 0.00 1,680.00 TOTAL CHECK 0.00 4,620.00 10100 118131 09/29/16 PUBLICID PUBLIC IDENTITY INC 0015350 SUPPLIES -PARKS 0.00 1,260.85 7.01.00 118131 09/29/1.6 PUBLICID PUBLIC IDENTITY INC 0015350 SUPPLIES -DB DAY FAIR 0.00 964.77 TOTAL CHECK 0.00 2,225.62 10100 118132 09/29/16 PUBLICST PUBLIC STORAGE #23051 0014030 STORAGE RENTAL -OCT 16 0.00 350.00 10100 118133 09/29/16 RIGGINSS SIERRA BIGGINS 001 RECREATION REFUND 0.00 17.00 10100 118134 09/29/16 RKACONSU RET, CONSULTING GROUP 0015220 BLDG & SFTY SVCS -AUG 0.00 44,767.80 3 SUNGARD PENTAMATION INC PAGE NUMBER: 4 DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118135 09/29/16 SCFUELS SC FUELS 5205230 FUEL -CODE ENFOR 0.00 50.17 10100 118135 09/29/16 SCFUELS SC FUELS 5204093 FUEL -POOL VEH 0.00 86.37 10100 118135 09/29/16 SCFUELS SC FUELS 5205554 FUEL -RD MAINT 0.00 159.14 10100 118135 09/29/16 SCFUELS SC FUELS 5205556 FUEL -PARKS & REC 0.00 299.07 TOTAL CHECK 0.00 594.75 10100 118136 09/29/16 SILVAREB REBECCA SILVA 001 FACILITY REFUND -DHC 0.00 600.00 10100 118137 09/29/16 SMARTFIN SMART & FINAL 0015333 SUPPLIES -DBC 0.00 90.03 10100 118137 09/29/16 SMARTFIN SMART & FINAL 0014060 SUPPLIES-H/R 0.00 139.54 10100 118137 09/29/16 SMARTFIN SMART & FINAL 0015350 SUPPLIES -TINY TOTS 0.00 155.15 10100 118137 09/29/16 SMARTFIN SMART & FINAL 0015350 SUPPLIES -DAY CAMP 0.00 120.05 10100 118137 09/29/16 SMARTFIN SMART & FINAL 0015350 SUPPLIES -SR PRIG 0.00 131.65 10100 118137 09/29/16 SKARTFTN SMART & FINAL 001,5350 SUPPLIES-VOLUNTEEN 0.00 154.77 TOTAL CHECK 0.00 791.19 10100 118138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 001.5510 ELECT SVCS-T/CONTROL 0.00 87.07 10100 118138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL D.00 53.04 10100 118138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 475.83 10100 118138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 316.31 10100 118138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 187.59 10100 116138 09/29/16 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS -CITY HALL 0.00 19,278.70 TOTAL CHECK 0.00 20,398.54 10100 118139 09/29/16 STANDARD STANDARD INSURANCE COMPA 001 OCT 16-STD/LTD 0.00 2,030.35 10100 118139 09/29/16 STANDARD STANDARD INSURANCE COMPA 001 OCT 16-SUPP LIFE INS 0.00 471.00 10100 1181.39 09/29/16 STANDARD STANDARD INSURANCE COMPA 001 OCT 16 -LIFE INS PREM 0.00 927.68 TOTAL CHECK 0.00 3,429.03 10100 118140 09/29/16 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS -9/16 0.00 3,293.04 10100 116141 09/29/16 SCGAS THE GAS COMPANY 0015333 GAS SVCS -DBC 0.00 558.25 10100 118141 09/29/16 SCGAS THE GAS COMPANY 0015556 GAS SVCS -HERITAGE 0.00 39.43 TOTAL CHECK 0.00 597.68 10100 118142 09/29/16 THFSAUCE THE SAUCE CREATIVE SERVI 0015350 POSTCARDS -VETERANS 0.00 94.84 10100 118142 09/29/16 THESAUCE THE SAUCE CREATIVE SERVI 001535D DESIGN SVC -CRAFT FAIR 0.00 109.00 10100 118142 09/29/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 VET DAY LOGO 0.00 450.00 10100 118142 09/29/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 SUPPLIES -PARKS 0.00 606.04 10100 118142 09/29/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 SUPPLIES -BANNERS 0.00 817.50 10100 118142 09/29/16 THESAUCE THE SAUCE CREATIVE SERVI 0015350 POSTCARDS-F/F FESTIVA 0.00 872.00 TOTAL CHECK 0.00 2,949.38 10100 118143 09/29/16 ADELPHIA TIME WARNER CABLE 0014070 PH.SVCS-CI'T'Y HALL PAT 0.00 71.96 10100 ].].8143 09/29/16 ADELPHIA TIME WARNER CABLE 0014070 PH.SVCS-DBC SVCS 0.00 98.43 10100 118143 09/2.9/16 ADELPHIA TIME WARNER CABLE 001.4070 PE.SVCS-C/HALL COAX 0.00 330.46 TOTAL CHECK 0.00 500.85 10100 118144 09/29/16 TISCAREN TISCARENO'S CATERING 0015350 SR DANCE -DINNERS 0.00 1,871.37 10100 118145 09/29/16 VERIZONW VERIZON WIRELESS 0014070 PH.CHRGS-PW,CE,CD 0.00 1,410.94 SUNGARD PENTAMATION INC PACE NUMBER: 5 DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118146 09/29/16 VSP VISION SERVICE PLAN 001 OCT 16 -VISION PREMIUM 0.00 1,589.15 10100 118147 09/29/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 380.45 10100 118147 09/29/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 579.88 TOTAL CHECK 0.00 960.33 10100 118148 09/29/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS -8/15 0.00 15,499.68 10100 118149 09/29/16 YSC YOUTH SCIENCE CENTER 0014010 ANNE AWARDS & GALA 0.00 50.00 10100 118151 10/06/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY SVCS -DHC 0.00 760.50 10100 118151 10/06/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 SECURITY SVCS -DHC 0.00 1,275.95 TOTAL CHECK 0.00 2,036.45 10100 118152 10/06/16 ALEXANDE ALEXANDER & LYNN INC 0015350 CONTRACT CLASS -FALL 0.00 1,156.20 10100 118153 10/06/16 ALLIANCE ALLIANCE BUS LINES 1125350 TRANS SVCS -TINY TOTS 0.00 310.78 10100 116154 10/06/16 APWA AMERICAN PUBLIC WORKS AS 0015551 MEMBERSHIP DUES-MLPCA 0.00 230.00 10100 118155 10/06/16 AMERICOM AMERICOMP GROUP 0014070 TONER -PRINTERS 0.00 1,556.45 10100 118156 10/06/16 AMIRAZOD GHOLAM R AMIRAZODI 0015551 CONSULTANT SVCS -9/20 0.00 2,142.00 10100 118157 10/06/16 BARRETTT THOMAS BARRETT 0015350 CONTRACT CLASS -FALL 0.00 150.00 10100 118158 10/06/16 EVERGREF, ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALT, 0.00 325.00 10100 118158 10/06/16 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.00 TOTAL CHECK 0.00 432.00 10100 118159 10/06/16 BEEREMOV BEE REMOVERS 0015556 BEE REMOVAL -SEPT 16 0.00 115.00 10100 118160 10/06/16 BESTLTG BEST LIGHTING PRODUCTS 1385538 ADDL SUPPLIES -DIST 38 0.00 73.81 10100 11.8160 10/06/16 BESTLTG BEST LIGHTING PRODUCTS 001.5556 MONTLY MAINT-PARKS 0.00 1,500.00 10100 118160 1.0/06/16 BESTLTG BEST LIGHTING PRODUCTS 0015333 ADDL SUPPLIES -DBC 0.00 148.82 10100 ].18160 10/06/16 BESTLTG BEST LIGRTlNG PRODUCTS 0015556 ADDL SUPPLIES -PARKS 0.00 360.69 TOTAL CHECK 0.00 2,083.32 10100 118161 10/06/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 IRRIGATION REPAIRS 0.00 364.18 10100 118161 10/06/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 IRRIGATION REPAIRS 0.00 397.21 10100 118161 10/06/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 IRRIGATION REPAIRS 0.00 475.59 TOTAL CHECK 0.00 1,236.98 10100 118162 10/06/16 BUGGALAK LAKSHMI BUGGA 001 FACILITY REFUND -DBC 0.00 3,211.50 10100 118163 10/06/16 CACOMMER CALIFORNIA RETROFIT INC 0015333 SUPPLIES -DBC 0.00 153.25 10100 118164 10/06/16 CDW-G COW GOVERNMENT 0014070 COMP EQ-I.T. 0.00 80.66 10100 118165 10/06/16 CHARTER CHARTER OAK GYMNASTICS, 0015350 CONTRACT CLASS -FALL 0.00 171.00 SUNGARD PENT AMATION INC DATE: 10/11/2016 CITY OF DIAMOND BAR TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: tsansact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND REFUND -RECYCLING DEP 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 118166 10/06/16 CBCR CHRIS BRONKAR CONSTRUCTI 001 10100 118167 10/06/16 CHUNCARL CARLOS CHUNG 001 10100 118168 10/06/16 CCAC CITY CLERKS ASSOC. OF CA 001.4030 10100 118169 10/06/16 DESTEFAN JAMES DESTEFANO 0014030 10100 116170 10/06/16 DENNISCA CAROL A DENNIS 0014030 10100 118171 10/06/16 DHMAINTE DH MAINTENANCE 0015556 10100 118171 10/06/16 DHMAINTE DH MAINTENANCE 0015333 10100 118171 10/06/16 DHMAINTE DH MAINTENANCE 0014093 TOTAL CHECK 893.80 EXCURSION -TINY TOTS 10100 118172 10/06/16 DIAZMONI MONICA DIAZ 001 10100 11.8173 10/06/16 DILACLAU CLAUDINE DILA 001 10100 118174 10/06/16 DOGGIEWA DOGGIE WALK BAGS INC 1155515 10100 118175 10/06/16 DUNCANDI DIANA DUNCAN 0015350 10100 118176 10/06/16 ELECNORB ELECNOR BELCO ELECTRIC I 2505510 10100 118177 10/06/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 10100 118178 7.0/06/16 EWING EWTNG 1385538 10100 118179 10/06/16 FEDEX FEDEX 0014030 10100 118180 10/06/16 FIGUTAWN TAWNY FIGUEROA 001 10100 118181 10/06/16 FILTERLI LITA FILTER 001 10100 118182 10/06/16 FISHERMA MARIA FISHER 001 10100 118183 10/06/16 FRONTIER FRONTIER COMMUNICATIONS 0014093 10100 118183 10/06/16 FRONTIER FRONTIER COMMUNICATIONS 0014030 10100 118183 10/06/16 FRONTIER FRONTIER COMMUNICATIONS 0015556 10100 118183 10/06/16 FRONTIER FRONTIER COMMUNICATIONS 0015556 TOTAL CHECK 916.90 10100 118184 10/06/16 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 10100 1.18185 10/06/16 GRUNDYDA DAVID J. GRUNDY 001.5350 10100 118186 10/06/1.6 GUNJAFAR F'ARHAT GUNJA 001 10100 118186 10/06/16 GUNJAFAR FARHAT GUNJA 001 10100 118186 10/06/16 GUNJAFAR FARHAT GUNJA 001 TOTAL CHECK PAGE NUMBER: 6 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT REFUND -RECYCLING DEP 0.00 1,500.00 FACILITY REFUND -DHC 0.00 1,050.00 CCAC TRNG-D ALLEN 0.00 200.00 REIMB-OCSC CONE 0.00 120.60 PROF.SVCS-CNCL MTG 0.00 200.00 MAINT SVCS -SEPT 2016 0.00 735.17 MAINT SVCS -SEPT 2016 0.00 4,703.83 MAINT SVCS -SEPT 2016 0.00 6,500.00 0.00 11,939.00 RECREATION REFUND 0.00 109.00 FACILITY REFUND-PNTRA 0.00 150.00 SUPPLIES -PARKS 0.00 893.80 EXCURSION -TINY TOTS 0.00 336.00 T/SGNL INFRASTRUCTURE 0.00 159,204.00 MAINT SVCS -SEPT 2016 0.00 910.00 MAINT SVCS -DIST 38 0.00 163.50 EXPRESS MAIL -GENERAL 0.00 92.05 RECREATION REFUND 0.00 109.00 FACILITY REFUND-HRTGE 0.00 200.00 RECREATION REFUND 0.00 120.00 PH.SVCS-C/H EVTR ALRM 0.00 161.90 PH.SVCS-CMGR FAX LINE 0.00 85.24 PH.SVCS-HERITAGE FAX 0.00 95.73 PH.SVCS-HERITAGE ALRM 0.00 56.31 0.00 399.18 CONSULTING SVCS -SEPT 0.00 3,915.00 P & R COMM -SEPT 16 0.00 45.00 FACILITY REFUND -DBC 0.00 100.00 FACILITY REFUND -DBC 0.00 16.90 FACILITY REFUND -DSC 0.00 800.00 0.00 916.90 SUNGARD PENTAMATION INC DATE: 10/11/2016 CITY OF DIAMOND BAR TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 PAGE NUMBER: 7 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND AMOUNT RECREATION REFUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 118187 10/06/16 HAFFNERD DOROTHY HAFFNER 001 10100 118188 10/06/16 HARDYHAR HARDY & HARPER INC 0015554 10100 118188 10/06/16 HARDYHAR HARDY & HARPER INC 0015554 10100 118188 10/06/16 HARDYHAR HARDY & HARPER INC 0015554 TOTAL CHECK 45.00 P & R COMM -SEPT 16 10100 118189 10/06/16 HERNELIA ELIAS HERNANDEZ 001 10100 118190 10/06/16 HERNDONL LEW HERNDON 0015350 10100 118191 10/06/16 HSIEHKIM KIM HSIEH 0015350 10100 118192 10/06/16 HULLAMAN AMANDA HULL 001 10100 i18193 10/06/16 INLAEMPI INLAND EMPIRE MAGAZINE 0014096 10100 118194 10/06/16 KENSHARD KENS HARDWARE 0015333 10100 118194 10/06/16 KENSHARD KENS HARDWARE 0015554 10100 118194 10/06/16 KENSHARD KENS HARDWARE 0015556 TOTAL CHECK 0.00 1,232.53 10100 118195 10/06/16 LIANGBEN BENNY LIANG 0015350 1.01.00 3.18196 10/06/16 LINDYBEV BEVERLY LINDY 001 10100 118197 10/06/16 LOPEZALF ALFA LOPEZ 0014096 10100 118198 10/06/16 LACPUBWK LOS ANGELES COUNTY PUBLI 0015556 10100 118199 10/06/16 BOWES LOWE'S BUSINESS ACCOUNT 0015333 10100 118200 10/06/16 LUCKKEMW KEMWANA LUCK 001 10100 118200 10/06/16 LUCKKEMW KEMWANA LUCK 001 10100 118200 10/06/16 LUCKKEMW REMNANT, LUCK 003, TOTAL CHECK CONTRACT CLASS -TALI, 0.00 72.00 10100 118201 10/06/16 LUTANDY ANDY LUT 001 10100 118202 10/06/16 MCFARLAN ROSALYNE MCFARLAND 001 10100 118203 10/06/16 ONWARDEN ONWARD ENGINEERING 2505510 10100 118204 10/06/16 PANGREBE REBECCA PANG 001 10100 118205 10/06/16 PINKSTON JASON PINKSTON 001. 101.00 3.3.8206 10/06/16 PODOLSKI DENIS PODOLSKIY 0015350 10100 118207 10/06/16 RFDICKSO R F DICKSON COMPANY INC 0015554 10100 118208 10/06/16 ROSIERJE JENNY JACOBSZ ROSIER 001 PAGE NUMBER: 7 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT RECREATION REFUND 0.00 40.00 MANHOLE ADJUSTING 0.00 5,720.00 SINK HOLE REPAIRS 0.00 8,844.57 SIDEWALK/CURB SVCS 0.00 36,765.90 0.00 51,330.47 RECREATION REFUND 0.00 109.00 P & R COMM -SEPT 16 0.00 45.00 P & R COMM -SEPT 16 0.00 45.00 FACILITY REFUND-REAGA 0.00 50.00 AD -OCT 2016 0.00 795.00 SUPPLIES -DHC 0.00 303.37 SUPPLIES -RD MAINT 0.00 101.80 SUPPLIES -PARKS 0.00 378.09 0.00 783.26 P & R COMM -SEPT 16 0.00 45.00 RECREATION REFUND 0.00 40.00 REIMS -REST WEEK 0.00 1.64.44 SUMP PUMP MAINT-AUG 0.00 1,232.53 SUPPLIES -DHC 0.00 1,638.32 FACILITY REFUND -DBC 0.00 100.00 FACILITY REFUND -DHC 0.00 100.00 FACILITY REFUND -DHC 0.00 81..00 0.00 281.00 RECREATION REFUND 0.00 80.00 FACILITY. REFUND -DBC 0.00 400.00 INSPECTIONS SVCSAUG0.00 3,817.50 RECREATION REFUND 0.00 107.00 FACILITY REFUND -DBC 0.00 4.00 CONTRACT CLASS -TALI, 0.00 72.00 ST SWEEPING SVCS -AUG 0.00 11,760.90 RECREATION REFUND 0.00 80.00 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 118209 10/06/16 SAMSONWI WINSTON SAMSON 001 FACILITY REFUND-S/CYN 0.00 50.00 10100 118210 10/06/16 SCFUELS SC FUELS 5204093 FUEL -POOL VEE 0.00 94.63 10100 118210 10/06/16 SCFUELS SC FUELS 5205556 FUEL -PARKS & REC 0.00 373.16 1.0100 118210 10/06/16 SCFUELS SC FUELS 5205554 FUEL -RD MAINT 0.00 208.28 10100 118210 10/06/16 SCFUELS SC FUELS 5205230 FUEL -CODE ENFON 0.00 117.24 TOTAL CHECK 0.00 793.31 10100 118211 10/06/16 SEESUSAN SUSAN SEE 001 RECREATION REFUND 0.00 40.00 10100 118212 10/06/16 SHEPHERD BERRI SHEPHERD 0015350 CONTRACT CLASS -FALL 0.00 423.00 10100 118213 10/06/16 SILLGABR GABRIELLE SILL 001 RECREATION REFUND 0.00 40.00 10100 118214 10/06/16 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 24.73 10100 118214 10/06/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 110.20 10100 118214 10/06/7.6 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 127.1.2 10100 118214 10/06/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 183.85 10100 118214 10/06/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 2,348.01 TOTAL CHECK 0.00 2,793.91 10100 118215 10/06/16 SULAKHEM MANISHA SULAKEE 0015350 P & R COMM -SEPT 16 0.00 45.00 10100 118216 1.0/06/16 CUNGHENR HENRY LUNG 001. RECREATION REFUND 0.00 40.00 10100 118217 10/06/16 THOMSONW THOMSON WEST D014030 PUBLICATIONS -CODES 0.00 252.92 10100 118218 10/06/16 ADELPHIA TIME WARNER CABLE 0014070 HOD SVCS -OCT 2016 0.00 199.65 10100 118219 10/06/16 USBANK US BANK 0014050 CITY CREDIT CARD -SEPT 0.00 14,200.42 10100 118220 10/06/16 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PROF.SVCS-H/R 0.00 221.00 10100 118221 10/06/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10/7 -LOAN DEDUCTIONS 0.00 3,062.81 10100 118221 10/06/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 10/7-P/R DEDUCTIONS 0.00 33,185.96 TOTAL CHECK 0.00 36,248.77 10100 118222 1D/06/16 VESTRINO NOEL VESTRI 001 FACILITY REFUND -DBC 0.00 400.00 10100 118223 10/06/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 47.72 10100 118223 10/06/16 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES -CITY HALL 0.00 836.55 10100 118223 10/06/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 2,055.96 _ TOTAL CHECK 0.00 2,940.23 10100 118224 10/06/16 YANJULIA JULIA VAN 001 - RECREATION REFUND 0.00 72.00 10100 11B225 10/1.1/1.6 DDSYSTEM DD SYSTEMS INC 2505310 CONSTRCTN-STARDUST 0.00 56,803.80 10100 118225 10/11/16 DDSYSTEM DD SYSTEMS INC 2505310 CONSTRCTN-PETERSON 0.00 25,357.50 10100 118225 10/11/16 DDSYSTEM DD SYSTEMS INC 2505310 CONSTRCTN-PETERSON 0.00 28,371.47 10100 118225 10/11/16 DDSYSTEM DD SYSTEMS INC 250 RETENTIONS PAYABLE 0.00 -2,840.19 10100 118225 10/11/16 DDSYSTEM DD SYSTEMS INC 250 RETENTIONS PAYABLE 0.00 -1,524.63 SUNGARD PENTAMATION INC PAGE NUMBER: 9 DATE: 10/11/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 001 - GENERAI, FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 118225 10/11/16 DDSYSTEM DD SYSTEMS INC 10100 118225 10/11/16 DDSYSTEM DO SYSTEMS INC 10100 118225 10/11/16 DDSYSTEM DO SYSTEMS INC TOTAL CHECK 10100 PP21/16 10/06/16 TASC TASC 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER 10100 21 -PP 16 10/06/16 PAYROLL PAYROLL TRANSFER TOTAL CHECK 10100 PP 19-20 09/29/7.6 PERSHEAL PERS HEALTH 10100 PP 19-20 09/29/16 PERSHEAL PERS HEALTH TOTAL CHECK 10100 PP 21/16 10/06/16 PERSRETI PERS RETIREMENT FUND 10100 PP 21/16 10/06/16 PERSRETI PEAS RETIREMENT FUND 10100 PP 21/16 10/06/16 PERSRETI PERS RETIREMENT FUND TOTAL CHECK FUND/DIVISION ----DESCRIPTION- --- SALES TAX 250 RETENTIONS PAYABLE 0.00 250 RETENTIONS PAYABLE 0.00 2505310 CONSTRCTN-STARDUST 0.00 0.00 001 FLEX SPENDING MED DEDU 0.00 001 P/R TRANSFER-21/PP 16 0.00 112 P/R TRANSFER-21/PP 16 0.00 113 P/R TRANSFER-21/PP 16 0.00 115 P/R TRANSFER-21/PP 16 0.00 138 P/R TRANSFER-21/PP 16 0.00 139 P/R TRANSFER-21/PP 16 0.00 141 P/R TRANSFER-21/PP 16 0.00 0.00 001 OCT 16 -HEALTH INS PREM 0.00 007.4060 OCT 16 -HEALTH ADMIN FE 0.00 0.00 001 RETIRE CONTRIB-EE 0.00 001 SURVIVOR BENEFIT 0.00 001 RETIRE CONTRIB-PEPRA 0.00 0.00 AMOUNT -1,267.88 -1,175.87 30,492.62 134,216.82 0118WIC 163,680.88 5,411.75 5,008.77 13,788.40 1,240.17 620.08 620.08 190,370.13 38,877.11 136.13 39,013.24 26,075.08 45.57 559.45 26,680.10 TOTAL CASH ACCOUNT 0.00 1,047,927.15 TOTAL FUND 0.00 1,047,927.15 SUNGARD PENTAMATION INC DATE: 10/11/2016 CITY OF DIAMOND BAR TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 015 - GENERAL PLAN REVISION FD CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX 10100 118150 09/29/16 DYETTBHA DYETT & SHATIA, URBAN & 0155210 GENERAL PLAN SVCS -AUG 0.00 TOTAL CASH ACCOUNT 0.00 TOTAL FUND 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 25,641.50 25,641.50 25,641.50 SUNGARD PENTAMATTON INC DATE: 10/11/2016 CITY OF DIAMOND BAR TIME: 10:05:44 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160929 00:00:00.000' and '20161012 00:00:00.000' ACCOUNTING PERIOD: 4/17 FUND - 020 - OPEB RESERVE FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME 10100 PP 19-20 09/29/16 PERSHEAL PERS HEALTH TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT PAGE NUMBER: 11 ACCTPA21 FUND/DIVISION ---DESCRIPTION------ SALES TAX AMOUNT 0204060 OCT 16 -RETIREE HEALTH 0.00 875.00 0.00 875.00 0.00 875.00 0.00 1,074,443.65 CITY COUNCIL Agenda # 6.4 Meeting Date: October 18, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana r TITLE: AMENDMENT OF FACILITY LEASE AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) FOR USE OF MEETING ROOM FACILITIES RECOMMENDATION: Approve. FINANCIAL IMPACT: Under the current terms, the City pays $2,262.82 per month for an annual total of $27,153.84. The proposed amendment maintains these terms in the first year of the agreement and applies a 2.5% annual increase in each year thereafter. BACKGROUND: In 2001, the City moved its offices to the South Coast Air Quality Management District (SCAQMD) Government Center, leasing approximately 12,100 square feet. With the move, City Council, Commission, and other special meetings were held in adjacent SCAQMD facilities, including the Auditorium, Hearing Board Room, Room CC -8 (used primarily for Study and Closed Sessions), and a small storage area. In 2012, following the purchase and renovation of the building at 21810 Copley Drive, the City terminated its lease with SCAQMD and moved into a permanent City Hall facility with an expanded community library on the first floor. The joint use of the new facility as a City Hall and library left little room for a dedicated Council Chamber, leading the City Council to lease public meeting space from SCAQMD. The terms of the agreement, which expires December 31, 2016, include: • Access to the Auditorium, Hearing Board Room, Room CC -8, storage, and common areas (including restrooms) for up to 30 meetings per year. Additional meetings shall cost $800 each. • Use of the associated A/V equipment, including live broadcast capabilities. • At the commencement of the agreement, the monthly rate was $2,000 per month for an annual total of $24,000. After applying the 2.5% escalator each year since, the current rate is now $2,262.82 per month for an annual total of $$27,153.84. DISCUSSION: With the current agreement expiring December 31, 2016, staff approached SCAQMD to negotiate an extension. SCAQMD was amenable to extending the current agreement at the current terms for a period of ten years. Staff believes the terms of this agreement present the most effective option for the City. Leasing SCAQMD space eliminates construction costs and the need for City personnel to operate the necessary audio/visual components at each meeting. This arrangement also maintains community room access for Library programs throughout the year. Therefore, staff recommends that the City Council approve the amendment to the facility lease agreement with SCAQMD. Prepared by: Assiktqj City Manager Attachments: 1. Amendment to Facility Lease Agreement FIRST AMENDMENT TO FACILITY LEASE AGREEMENT This First Amendment to Facility Lease Agreement ("First Amendment") is made and entered into as of , 2016, by and between the City of Diamond Bar, a municipal corporation ( "Lessee"), and South Coast Air Quality Management District, a public body (herein referred to as the "Lessor') with reference to the following: A. The Lessee and the Lessor entered into that certain Facility Lease Agreement in 2012, which is incorporated herein by this reference (the "Lease"); and B. The Lessee and the Lessor desire to amend the Lease to modify, amend and supplement certain portions of the Lease. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Lease. 2. Term. The term of the Lease as set forth in Section 1 therein, was for a five-year period commencing on January 1, 2012, and ending on December 31, 2016. The term shall be extended for a 10 -year term commencing on January 1, 2017 ("Commencement Date") and ending on December 31, 2026 ("Expiration Date"). 3. Rent. Rent for use of the Facilities for Lessee's Meetings and Additional Meetings shall continue to be governed by Section 5, "Rent", of the Lease. Lessee's current rent is $2,261.81 and shall be increased during the Term of this First Amendment in accordance with Section 5 of the Lease beginning January 1, 2017, and annually thereafter. The Additional Meeting Charge shall remain the same during the Term of this First Amendment. 4. Liability Insurance. Section 11, "Liability Insurance," shall continue to govern the Insurance Coverage required under the Lease. 5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Lease and except as specifically amended hereby, the Lease shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Lease, the terms and provisions of this First Amendment shall control. IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written. "LESSOR" SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 0 Wayne Nastri, Acting Executive Officer ATTEST: M Tommye Cribbins, City Clerk APPROVED AS TO FORM: Kurt Wiese, General Counsel "LESSEE" CITY OF DIAMOND BAR In Nancy A. Lyons, Mayor APPROVED AS TO FORM: David DeBerry, City Attorney CITY COUNCIL Agenda # 6. 5 Meeting Date: October 18, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mane(// TITLE: APPROVE AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT SERVICES WITH PROJECT PARTNERS FOR AN AMOUNT OF $35,100 FOR A TOTAL CONTRACT AUTHORIZATION AMOUNT OF $75,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: The approved Fiscal Year (FY) 2016-17 Public Works Operating Budget has a balance of $86,000 for contract engineering services. BACKGROUND/DISCUSSION: The adoption of the FY 2016-17 budget in June 2016, prompted a series of personnel changes, including the transfer of the parks and facilities maintenance staff and operations, and the Capital Improvement Projects (CIP) within the former Community Services Department to the Public Works Department. The consolidation of all City-wide CIP within the Engineering Services Division of the Public Works Department took place without any additional staff resources to manage the assigned projects. In order to insure that all FY 2016-17 budgeted CIP are completed on-time, within budget and with the attention to detail required, additional resources are necessary to better assist staff with managing the peaks in the workflow. The FY 16-17 Capital Improvement Program budget has 38 projects identified with a total budget of $19,596,438. This list does not include vital public improvement projects being performed by developers including Diamond Canyon Park and the widening of Brea Canyon Road/Diamond Bar Blvd. as part of the Willow Heights Development or the design and construction of Larsktone Park as part of the Southpointe Development. Additionally, critical regional transportation projects are currently under construction, or will soon be under construction, that are not on the existing CIP list including the construction of a new westbound on-ramp and the reconstruction of the westbound off - ramp at Grand Ave. and the SR60 Freeway. These projects in addition to the programmed CIP projects require staff project management time and resources dedicated to them on a daily basis. 1 Beginning in March 2016 staff reached out to RKA Consulting Group and Onward Engineering to provide project management consulting services to assist with the Public Works/Engineering Department CIP Projects. At the time, RKA Consulting Group did not have staff available to fulfill the request. Onward Engineer provided resumes of qualified staff of which three were interviewed but did not meet the criteria to meet the needs of the Department. With the reorganization of the Public Works Department that became effective July 1, 2016, the need for additional project management services became critical and Project Partners was contacted as a third firm to provide project management consulting services. Staff interviewed three candidates with one highly qualified candidate selected to assist staff and commence several projects including: Washington Street Cul -de -Sac Improvement, Area 4 Slurry Seal Project, Longview South Park Improvements, Sycamore Canyon Park ADA Access Improvements and Larkstone Park. Under the City Manager's authorization, in early August 2016, a Consulting Services Agreement was executed with Project Partners with a not -to -exceed amount of $39,900. Substantial progress has been made on all five (5) assigned projects with some pending completion by the Thanksgiving holiday. In early October staff requested a proposal from Project Partners to continue Project Management Services on the projects which are already underway by the assigned consultant. The requested scope of work included project management assistance to the Engineering Services Division with various public works projects including, private land development, street improvements and rehabilitation, parks, parking lots, public buildings and facilities. More specifically, the duties would include managing consultant design staff, planning the development, design oversight, and construction management of the programed projects. In addition to competitive rates, Project Partners as a specialized Civil Engineering Resource firm, has high quality consultants available to assist the City with most having served as senior -level Engineers in other municipalities for more than 20 years and are registered Professional Engineers with the State of California. Further, Project Partners has over a decade of experience providing local municipalities with Civil Engineering staffing resources. Staff recommends that the City Council approved Amendment No. 1 with Project Partners in the amount of $35,100 to provide "as -needed" engineering consulting services for a total contract not -to -exceed amount of $75,000. PREPARED BY: Kimberly M. Young, Senior Civil Engineer REVIEWED Davi `G. iu, P.E. Public Works Director/City Engineer Dianna Honeywell Finance Director Attachments: Contract Amendment No. 1 2 AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 1 to Consultant Services Agreement (the "Agreement") is made and entered into as of October 19, 2016 by and between the City of Diamond Bar, a municipal corporation ( "City"), and Project Partners (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of August 8, 2016, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A, the Consultant's proposal, dated October 10, 2016; 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit A. 4. Integration. This Amendment No. 1 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 1 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 1 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 1 shall control. 973895.1 IN WITNESS hereof, the parties enter into this Amendment No. 1 on the year and day first above written. CONSULTANT' Project Partners By: Printed Name: Title: "CITY" CITY OF DIAMOND BAR 0 Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney "Partners in Building Engineering Careers and Teams" www.projectpartners.com Project Partners October 10, 2016 Mr. David Liu Director of Public Works and City Engineer City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 SUBJECT: Proposal for Project Management Engineering Support Services Dear Mr. Liu, Project Partners is pleased to offer Project Engineering Support Services for the City of Diamond Bar. Below is our proposed workplan and scope of work. Scope of Work Project Partners understands that the City of Diamond Bar has expressed an interest in completing several CIP and other identified projects. To assist the City of Diamond Bar accomplish this goal, Project Partners is submitting this proposal to provide project management support services. We are proposing that our engineers bring the projects identified in the section below to one of five specific levels of completion. These include: 1. Completion of Project Scoping and RFP development 2. Completion of Engineering Review, 3. Completion of Design Plan and Specs, 4. Completion of Bid Docs and Contractor Selection 5. Completion of Project Construction, Commissioning and Closeout Our engineers would additionally assist by providing as -needed specialist services such as plan checking services of specific consultant developed designs for constructability and facility operation, engineering analysis and possible solution evaluation. Our staff are subject matter experts and will advise and assist in the City of Diamond Bar's decision making process. Theirjob as Project Managers will be limited to working on the listed projects, and manage them to a level of completion is a fashion that adheres to the City of Diamond Bar's goals and objectives. 23195 La Codena Or. phone 949.852.9300 Suite 101 Laguna Hills, CA 92653 fax 949.852_.9322 Project Partners Proposal Project Management Engineering Support Services Page 2 of 4 Identified Projects The following projects will be undertaken and completed in this scope of work. • Washington Street Cul -de -Sac Improvement • Area 4 Slurry Seal Project • Longview South Park Improvements • Sycamore Canyon Park ADA Access Improvements • Larkstone Park Throughout the duration of the contract, Project Partners offers the flexibility to amend this list by additions or deletions of projects. The amendment process, a written process set up by Project Partners, will be reviewed in detail after the initial project start-up. Project Duration & Level of Effort It is anticipated that the projects outlined in this workplan will be completed by January 10, 2017. This is based on our understanding of the City of Diamond Bar's project needs, the multitude and complexity of the tasks identified in the Scope of Work, and the anticipated number of projects. Project Partners' staff will be assigned to work on these projects approximately 36 hour(s) per week. Project Partners will adjust our staffs schedule, as needed, to accommodate project needs and to facilitate our ability to meet the City of Diamond Bar's goals. Allocated Staff Resource(s) To -Be -Determined Billing Rate and Project Budget Project Partners billing rates for our proposed Senior Project Manager is as follows: Classification Senior Project Manager Hourly Billing Rate for 2016 Based upon Experience Level (target $105.50) Estimated Initial Budget $ 75,000 Note: As requested, Project Management Staff Assignment Mileage will be include in the hourly billing rate. Project Partners Proposal Project Management Engineering Support Services Page 3 of 4 Project Coordination, Logistics and Operations Staff Location To increase efficiency and expedite completion of the projects, Project Partners will station our assigned staff at the City of Diamond Bar's facilities. Working on-site at the City of Diamond Bar's offices offers many advantages that increase efficiency and reduce overall cost to the City of Diamond Bar. These advantages include easy access to necessary project files, documents, and other data, which results in increased project productivity. Additionally, being on-site, facilitates the coordination with the City of Diamond Bar's staff allowing quicker and more informed decision- making, as well as faster completion of projects. The result is increased efficiency and lower overall project cost. An additional important benefit offered by on-site location of our staff is that key project decisions are better understood by the City of Diamond Bar and add to the overall retention of project based knowledge (institutional knowledge). Project Coordination Project Updates and Meetings Project Partners' staff will arrange update meetings with the City of Diamond Bar at a minimum of every two weeks. In the update meetings, our staff will review the status of the ongoing projects, highlight identified issues or concerns the City of Diamond Bar should be made aware of, and look ahead to projected accomplishments in the coming two weeks. Project Partners' staff will not be required to attend regular department staff meetings, but will attend as needed to relay the status of projects, thus, allowing better project coordination with other projects undertaken by the City of Diamond Bar. Tools, Equipment & Materials Vehicles — Should there be a need for Project Partners' staff to conduct field work, our staff will utilize their own vehicles. Project Partners will invoice the City of Diamond Bar at the IRS approved mileage rate for all approved miles driven related to the project. Phone — To facilitate communication with the City of Diamond Bar, Project Partners' staff member(s) will have individual cell phone(s). This phone will be the primary phone for our staff. Should wireless reception at the project location be spotty or where it is deemed that a land line would increase the effectiveness and efficiency of our staff to complete the scope of work, the City of Diamond Bar may be requested to provide our staff with a land based phone. Computers — Project Partners is requesting that the City of Diamond Bar provide a computer linked to the City of Diamond Bar's network for our staff's use to access project related technical, financial, and other related information required to complete the task. This arrangement is requested as it has been our understanding that for security reasons, the City of Diamond Bar's IT department's policies restrict computers not owned by the City of Diamond Bar from having direct connection into the computer network. Project Partners Proposal Project Management Engineering Support Services Page 4 of 4 Supplies — Project Partners provides its staff working on-site with the necessary general office related supplies at the start of our engagement. Project Partners Support Training Project Partners' assigned staff members are professionals. They have been assigned to this workplan due to the skills, knowledge, and abilities they possess. Should extra technical training be required, Project Partners will provide that training. Administrative Support Project Partners will provide our staff with necessary administrative and clerical support as needed. Supervision Project Partners' staff are assigned technical and administrative supervisors. These supervisors are in regular contact with our staff and assist them in completing the services outlined in this workplan. Where applicable, Project Partners may assign an On -Site Manager to provide further supervision of staff assigned to the City of Diamond Bar's projects. Currently assigned supervisors are as follows: Administrative Supervisor: Technical Supervisor: Ms. Atousa Johnson Mr. Kimo Look, P.E. Operations Manager Principal Engineer 949-852-9300 ext. 101 949-852-9300 ext. 103 Again, I would like to thank you for utilizing Project Partners services and as always, should you have any questions or desire additional information, please do not hesitate to call at any time. We look forward to providing continued services to you and your staff. Sincerely, _�r�� Kimo Look, P.E. Project Partners CITY COUNCIL Agenda # 7.1a&b Meeting Date: October 18, 2016 AGENDA REPORT TO: Honorable Mayor and Member the City Council VIA: James DeStefano, City Mar r TITLE: ORDINANCE NO. XX(2016) OF THE CITY OF DIAMOND BAR AMENDING DIAMOND BAR MUNICIPAL CODE SECTIONS 5.00.080, 5.04.010, 5.04.020, 5.04.050, 5.04.060, 5.04.070, 5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140, 5.08.010, 5.08.070 OF TITLE 5 (BUSINESS LICENSING) PERTAINING TO BUSINESS LICENSING, MASSAGE ESTABLISHMENTS, AND MASSAGE TECHNICIANS; AND ORDINANCE NO. XY(2016) AMENDING SECTIONS 22.10.030, 22.30.040, 22.42.020 AND 22.80.020 OF TITLE 22 (DEVELOPMENT CODE) PERTAINING TO THE PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND TATTOO PARLORS APPLICANT: City of Diamond Bar RECOMMENDATION: Approve for First Reading by title only, waive full reading, and schedule Second Reading for November 1. 2016. FINANCIAL IMPACT: None. SUMMARY: The proposed ordinance amending Title 5 of the Municipal Code would establish new business licensing regulations pertaining to massage establishments and their operations. The proposed amendments to Title 5 would also authorize the Community Development Director to revoke or modify business licenses, subject to appeal to the City Manager. The proposed amendments to Title 22 (Development Code) would restore Diamond Bar's authority to require approval of a conditional use permit (CUP) prior to the licensing of any new massage establishment proposed within the City. The proposed Development Code Amendment would also amend the City's regulations pertaining to tattoo parlors in order to conform to current case law. 1195312.1 BACKGROUND: Regulatory History Prior to January 1, 2009, cities and counties were able to regulate all massage establishments by imposing land use and business licensing controls to address local concerns associated with these businesses. Regulations focused largely on efforts to prevent the establishment of fronts for prostitution and other illicit activities. Diamond Bar required each proposed massage establishment to obtain approval of a CUP from the Planning Commission, and all owners and technicians to undergo background investigations prior to obtaining business licenses. Moreover, the City required adherence to strict attire, sanitary and business hour requirements. In recent years, legitimate, and often upscale, franchise massage businesses have risen in prominence, and have sought to improve the public's perception of the massage industry by lobbying for the creation of a certification process which demands that massage practitioners are held to high professional standards. Their lobbying efforts led to the Governor's signing of SB 731, which went into effect on January 1, 2009. The League of California Cities described SB 731 as an effort "to professionalize the (massage) industry by creating uniform standards for massage practitioners and therapists, with the idea that the massage industry should be treated 'no better and no worse' than any other professional service provider." 1 In 2010, the Governor signed AB 619, which clarified the scope and applicability of specified provisions of SB 731. SB 731 and AB 619 established a voluntary certification process for massage professionals, and provided for the creation of a new non-profit corporation, the California Massage Therapy Council ("CAMTC"), to administer the certification process. Under specified circumstances, these laws also preempted cities and counties from imposing many of their land use controls pertaining to the regulation of massage establishments. Specifically, these laws mandated that a local agency's regulation of massage establishments "shall be no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services," provided that such massage establishments are either owned by CAMTC-certified massage professionals, or employ only CAMTC-certified massage professionals. In doing so, these laws prohibited Diamond Bar and all other California jurisdictions from imposing regulations on CAMTC-certified massage establishments which were more restrictive than the regulations imposed on medical practitioners, attorneys, insurance agents, real estate agents, financial planners, or any other type of professional service provider. Since the enactment of SB 731 and AB 619, jurisdictions have seen an increase in the number of massage establishments as a whole, as well as an increase in illicit massage establishments engaging in prostitution and human trafficking. The increase in such illicit activity is, in staff's opinion, largely due to lack of local control in the permitting of such uses, as well as fundamental flaws in CAMTC's organizational structure, certification criteria and enforcement practices. San Gabriel, Huntington Beach and many other cities have experienced an alarming increase in massage establishments, which in turn have placed 1 Western City, March 2014, pp. 10-11 (westerncity.com) 1195312.1 increased burdens on their law enforcement agencies.z Diamond Bar saw its number of massage establishments increase from four to 15. Moreover, the City was compelled to permit at least seven massage establishments to open simply on the basis that the owners and/or massage technicians were CAMTC certified. Assemblywoman Susan Bonilla described SB 731 and AB 619 as laws "that had serious unintended consequences, with bad actors masquerading as legitimate massage professionals exploiting loopholes in current law to insulate themselves against the ability of local governments and law enforcement to shut them down." In response to the rapid proliferation of massage establishments and the impacts directly associated with them, cities, counties, elected representatives, law enforcement agencies and the League successfully advocated for more carefully crafted legislation. On September 18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its effective date of January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new law restores significant local land use authority over massage establishments by removing SB 731's broad state preemption of local massage ordinances and gives local governments greater authority to enact reasonable regulations to manage massage establishments in the best interests of the individual community, including restoring the authority to impose regulations on massage establishments that do not apply to other professional service providers. While the CAMTC and the voluntary certification provisions remain intact, there were a number of important changes, including the restoration of local land use authority to regulate massage establishments separately from the manner in which they regulate other professional service providers. AB 1147 further mandates significant reforms to the organization and composition of the CAMTC Board to include representatives from the League, the California State Association of Counties, and the California Police Chiefs Association. Objectives AB 1147 went into effect on January 1, 2015. Generally, by dividing responsibility for massage regulation between the State (regulating the certification of massage professionals through CAMTC) and local governments (regulating massage businesses through their land - use authority and business licensing regulations), AB 1147 closed the gap in existing law. Pursuant to state law, CAMTC can regulate massage technicians in order to protect the public. Local governments can regulate businesses through their land -use authority. A discretionary permit, such as a CUP, enables local governments to place conditions on the business to ensure that the massage establishment will be operated in its intended manner. Interim Urgency Ordinances/Moratorium On January 6, 2015, immediately following the passage of AB 1147, the City Council adopted Interim Urgency Ordinance No. 02 (2015), placing a temporary ban on the establishment, expansion or relocation of massage establishments Citywide. The interim urgency ordinance was adopted to allow staff to study AB 1147, and draft amendments to the Diamond Bar 2 Ibid, p. 11 1195312.1 Municipal Code pertaining to the regulation of massage establishments that are consistent with the new law. The ordinance was subsequently extended to provide staff with additional time to study the matter. The moratorium is set to expire on January 4, 2017. City staff, in cooperation with the Sheriff's Department and the City Attorney's Office, used this time period to research and develop an ordinance that administers reasonable regulations to manage massage establishments in the best interests of the community. ANALYSIS: Adoption Process The proposed regulations require amendments to both Title 5 (Business Licensing) and Title 22 (Development Code) of the Diamond Bar Municipal Code ("DBMC"). Ordinances amending Title 5 are sent directly to the City Council. Amendments to the Development Code must first be heard by the Planning Commission, which then forwards its recommendations to the Council. Planning Commission Review On September 13, 2016, after conducting a duly noticed public hearing, the Planning Commission recommended by a 5-0 vote, that the City Council adopt the attached ordinance amending Title 22. The staff report and meeting minutes are also attached to this report. No issues or objections were raised by the public during the hearing. Proposed Municipal Code Amendments (Title 5 — Business Licensing) Section 5.00.080 — Temporary license Although not directly related to massage establishments, staff recommends that this section be deleted. The section provides for the granting of a business license pending Planning Commission action on a CUP request for the proposed use. This section conflicts with the Development Code and should be removed. Section 5.04.010 — Investigation of specific businesses Pursuant to limitations imposed by AB 1147, this section is proposed to be amended to remove acupressure and massage technicians from the list of business types that are subject to investigation and criminal background checks. The CAMTC investigates an individual technician's background, including, but not limited to, convictions of any felony, misdemeanor, infraction, unprofessional conduct, etc., as part of its certification process. Pursuant to the proposed amendments to Section 5.08.070, only CAMTC-certified technicians would be authorized to work in Diamond Bar. Although individual technicians would not be subject to City -conducted background investigations, the City would still perform background checks on owners and operators of massage establishments. Section 5.04.020 and 5.04.050 — Background Check Applications requiring background checks currently inquire if the applicant has been convicted of any crimes within the last five years. This requirement would be revised to ten years. For consistency, Section 5.04.050 (Grounds for denial of business license) is also 1195312.1 proposed to be revised from five years to ten years for criminal convictions. In comparison with other cities, eight to ten years is standard. Sections 5.04.060, 5.04.080, 5.04.100, 5.04.130 - Appeals Currently, the City Council is designated to hear appeals of staff decisions pertaining to business licenses. This section is proposed to be modified to designate the City Manager as the final arbiter on business license appeals. Section 5.04.070 — Requests by licensees to amend business licenses Currently, only the City Council may modify conditions imposed on a business license. Since it is the Community Development Director that imposes conditions on business licenses to begin with, Staff is proposing that this section be amended to also allow the Community Development Director to modify those conditions upon request where the original reasons for imposing the conditions no longer exist. Section 5.04. 110 - Modification, suspension or revocation Currently, only the City Council may revoke or modify a business license. Consistent with other proposed amendments, Staff is proposing that the Community Development Director be authorized to modify, suspend, or revoke a business license, with appeal to the City Manager. Section 5.04.140 - Grounds for revocation of business license Staff is proposing that the list of grounds justifying suspension or revocation of a business license be amended to include the making of false statements on the business license application and the finding of any grounds or circumstances that would have justified denial of the business license application in the first place. Section 5.08.010 — Acupressure The current definition of "Acupressure" is proposed to be deleted because acupressure would now fall within the proposed new definition of "massage." Section 5.08.070 — Massage establishments and massage technicians The proposed changes relating to the regulation of massage establishments are intended to be consistent with AB 1147 and include: • Adding a findings and purpose section; • Adding an exceptions provision for state -licensed professionals including, but not limited to, physicians, acupuncturists, nurses, and cosmetologists; • Adding, amending, and updating definitions; • Adding a CAMTC Certification requirement for any employees providing massage services; • Revising and adding to the application requirements, including a provision that a business license and CUP application shall be filed concurrently for a new massage establishment; • Adding grounds for denial of a massage establishment business license; and 1195312.1 • Adding to operational requirements including: o Amending building and facility as well as maintenance requirements; o Maintenance of personnel lists and making such lists readily available for inspection by public officials; o Adding to hours of operation and posting requirements, including minimum signage or menu requirements for services offered and associated pricing information; o Adding a prohibited conduct section; and o Adding a provision for inspections. Prior to opening a new massage establishment, all business operators will be required to obtain a CUP, a business license for the proposed establishment and complete a successful background check. Where a massage establishment is owned by a corporation, limited liability company or partnership (e.g. Massage Envy), background checks will only be required for those individuals directly involved in the operation of the massage establishment. The following chart outlines requirements for all persons affiliated with a massage establishment. Proposed Municipal Code Amendments (Title 22 — Development Code) Section 22.10.030 — Commercial/industrial district land uses and permit requirements (Tables 2-5 and 2-6) o Massage Establishments As stated above, when SB 731 became effective, the City was forced to exempt CAMTC- certified massage establishments from its CUP requirements. The proposed changes to Title 22 reinstate the CUP requirements, and massage establishments will be limited to the C-2 (Community Commercial) and C-3 (Regional Commercial) zones with the approval of a CUP. Attachment 7 identifies properties within the City that are zoned C-2 and C-3. 1195312.1 Owners/Operators Yes Yes, for No Yes establishment Managers No No No Yes (if not an Operator) Massage Technicians No No Yes No (Practitioners & Therapists) Employees not providing No No No No massage services Proposed Municipal Code Amendments (Title 22 — Development Code) Section 22.10.030 — Commercial/industrial district land uses and permit requirements (Tables 2-5 and 2-6) o Massage Establishments As stated above, when SB 731 became effective, the City was forced to exempt CAMTC- certified massage establishments from its CUP requirements. The proposed changes to Title 22 reinstate the CUP requirements, and massage establishments will be limited to the C-2 (Community Commercial) and C-3 (Regional Commercial) zones with the approval of a CUP. Attachment 7 identifies properties within the City that are zoned C-2 and C-3. 1195312.1 Massage establishments are proposed to be limited to the C-2 and C-3 zones because these zoning districts provide for a wider range of personal service-oriented commercial businesses and are usually located along major activity corridors. It is proposed that new massage establishments not be permitted in the C-1 (Neighborhood Commercial) zone because many C-1 areas are limited in service uses and generally have earlier closing hours. o Tattoo Parlors Staff recommends that the process of amending the City's massage regulations be used as an opportunity to concurrently revise the land use provisions for tattoo parlors so that they are consistent with recent case law. Presently, there are no tattoo parlors located in the City. However, tattoo parlors are currently listed as a subcategory of "personal services" and as a use permitted with a Conditional Use Permit in the OP (Office, Professional), OB (Office, Business), CO (Commercial Office), C-1, C-2 and C-3 zones. Conditional Use Permit requirements have been applied to tattoo parlors in recognition of their potential to result in secondary negative impacts, such as an increase in crime and the sale of drugs immediately surrounding tattoo parlors and the impairment of the market values and aesthetic and visual qualities of the properties adjacent to tattoo parlors. In 2010, the 9th Circuit Court of Appeal ruled, in Anderson v. City of Hermosa Beach, that the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo parlors within the city was unconstitutional, and that cities may only impose reasonable "time, place, and manner" regulations on such activities. The Ninth Circuit held, as a matter of first impression, that a tattoo itself, the process of tattooing, and the business of tattooing are pure forms of expression fully protected by the First Amendment to the United States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was not a reasonable "time, place, or manner" restriction. The 11th Circuit recently reached a similar conclusion in Buehrle v. City of Key West. The City's current zoning regulations, which apply a conditional use permit requirement to all tattoo parlors seeking to locate in the City, could be called into question in light of these recent decisions. Therefore, staff is proposing that tattoo parlors be permitted by right in the C-3 zone, but be prohibited in all other zoning districts in the City. The C-3 zone was chosen because properties under this designation are located on major intersections within the City and are near other service-oriented uses. Staff believes that the C-3 zoning district affords sufficient opportunities should a tattoo parlor seek to locate in the City in the future. Section 22.30.040 — Number of parking spaces required A minor terminology clarification in Table 3-10 is proposed. No substantive changes to the parking requirements for personal services are proposed. Section 22.42.020 — Adult-oriented businesses The term "massage parlor" is proposed to be removed from the minimum location/separation requirements for adult-oriented businesses. AB 1147 prohibits jurisdictions from defining a massage establishment as adult entertainment, or otherwise regulating a massage establishment as adult entertainment. 1195312.1 Section 22.80.020 — Definitions of specialized terms and phrases A definition for the term "massage establishment" is proposed to be added. The proposed new definition would simply refer the reader back to the definition of "massage establishment" in Title 5. The term "acupressure" is proposed to be removed from the "personal services" definition, as this type of service is proposed to now be subsumed within the definition of "massage establishment." Finally, the term "massage therapy" is proposed to be changed to ,'massage" for consistency purposes. Existing Massaqe Establishments There are currently 10 permitted massage establishments operating in the City. Nine of these 10 massage establishments are located in either a C-2 or C-3 zone (the massage establishment at 2707 S. Diamond Bar #101 is located in the Office Park (OP) zone), but only two currently possess a CUP. Thus, upon adoption of the proposed Development Code amendments, eight of the existing massage establishments will be considered "legal nonconforming" uses pursuant to Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of the Diamond Bar Municipal Code and will be entitled to continue to operate at their existing locations without a CUP so long as the massage establishment use is not enlarged. Attachment 6 lists the existing 10 massage establishments in operation. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: The City has determined that the proposed Code Amendments are not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). The proposed Amendments to Title 5 merely revise and update businesses licensing regulations and operational requirements for massage establishments. The proposed Development Code Amendment merely limits the zoning districts in the City in which massage establishments and tattoo parlors may be located and establishes permitting requirements for these uses, but does not expand the areas in the City in which such uses may be established. The changes provide the City with the authority to better regulate these businesses, and the regulatory changes will not create any environmental impact. Therefore, no further environmental review is required. 1195312.1 NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on October 7, 2016, in a 1/8 page display, and mailed to all existing massage establishments. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City's three designated community posting sites. RECOMMENDATION: Staff recommends that the City Council introduce and conduct the First Reading of Ordinances No. XX (2016) (Attachment 1) and No. XY (2016) (Attachment 2). Prepared by: Mayuko Nakajima Associate Planner Reviewed by: Greg Gubman, AICP Community Development Director Attachments: 2. 3. 4. 5. 6. 7. 1195312.1 Reviewed by: :_— � -- Senior- Draft Ordinance No. XX (2016) (Title 5 – Business Licensing) Draft Ordinance No. XY (2016) (Title 22 – Development Code) Planning Commission Staff Report (attachments not included) Planning Commission Meeting Minutes Dated September 13, 2016 Planning Commission Resolution No. 2016-23 Recommending Approval of DCA List of Existing Massage Establishments Map of C-2 and C-3 Zoning Districts ATTACHMENT 1 ORDINANCE NO. XX (2016) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING FOLLOWING SECTIONS OF TITLE 5 OF THE MUNICIPAL CODE PERTAINING TO BUSINESS LICENSING, MASSAGE ESTABLISHMENTS, AND MASSAGE TECHNICIANS: 5.00.080; 5.04.010; 5.04.020; 5.04.050; 5.04.060; 5.04.070; 5.04.080; 5.04.100; 5.04.110; 5.04.130; 5.04.140; 5.08.010; AND 5.08.070. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. The City Council desires to amend certain provisions of Title 5 of the Diamond Bar Municipal Code to revise certain general provisions relating to the issuance of business licenses and to make changes in the City's regulation of massage establishment businesses and the practice of massage consistent with the provisions of Assembly Bill 1147, which took effect on January 1, 2015. B. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQK) because it can be seen with certainty that the proposed Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 5.00.080 of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is amended as follows (deletions in stFikethrough text; additions in bold/underline text): Sec. 5.00.080. - TernporaFy liGeR Reserved. 1195190.1 Mee 1195190.1 SECTION 2. Section 5.04.010 (Investigation of specific businesses) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethreugh text; additions in bold/underline text): Sec. 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) A..wNrens wr�,a and a + h an� (21)Adult oriented businesses (as defined in section 22.80.020 of this Code) (32)Alarm systems. (43)Alcoholic beverage sales (off-site consumption). (54)Bars, cocktail lounges and taverns. (65)Computer services/network gaming center (as defined in section 22.80.020). (7§)Firearm dealers. (67)Indoor amusement/entertainment facilities (as defined in section 22.80.020). (68)Massage establishments and massage +enhn (492) Pawnbrokers and secondhand dealers. (4-10) Peddling -solicitation. (4211) Psychic reading (as defined in section 22.80.020 of this Code). (4-312) Tow trucks and towing companies. SECTION 3. Subsection (a)(4) of Section 5.04.020 (Application) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in +r;k�hFough text; additions in bold/underline text): (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 ten years, convicted of a crime, the nature of such offense, and the sentence received therefore including conditions of parole or probation, if any; SECTION 4. Subsection (a)(4) of Section 5.04.050 (Grounds for denial of business license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in stFikethrough text; additions in bold/underline text): 1195190.1 (4) Conviction of any crime within the past five ten years where the trait shown is inconsistent with carrying on the business, occupation, or activity for the benefit of the public; SECTION 5. Subsection (b) of Section 5.04.060 (Effect of business license denial) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in srik�'*mayh text; additions in bold/underline text): (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 GOUReil CRY manager in a manner provided section 5.04.080. SECTION 6. Subsection (b) of Section 5.04.070 (Conditions of approval) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in St '� +ash text; additions in bold/underline text): (b) Application to change conditions. The mil director 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. Applieatie^maye with thin G..apter w-rm�rrrs'o��apccr. SECTION 7. Section 5.04.080 (Appeal) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in stFik�mug,h text; additions in bold/underline text): Sec. 5.04.080. —Appeal (a) Any person dissatisfied with a decision of the city to approve, deny or condition a business license application may appeal the decision to the city eeunsil city manager by filing with the city clerk a notice of appeal within 15 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 eeuReH'S city manager'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 8. Section 5.04.100 (Appeals—Hearing procedure) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in strikes tis„ text; additions in bold/underline text): 1195190.1 Sec. 5.04.100. - Appeals—Hearing procedure. (a) The GityG96,.;eil city manager 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. (b) The decision of the city manager shall be final. SECTION 9. Section 5.04.110 (Modification, suspension or revocation) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in stFik#mss" text; additions in bold/underline text): Sec. 5.04.110. - Modification, suspension or revocation. Any license issued by the city may be conditioned, modified, suspended or revoked for cause by the G,ty-cam: director in accordance with section 5.04.140. SECTION 10. Section 5.04.130 (Procedure for hearing) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in st: kms, #ugh text; additions in bold/underline text): Sec. 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 ty-oma: director / city manager shall issue its dec;c;on by o:r ittS„ deGisia,Ta decision in writing. The decision shall contain a determination of the issues presented. The .Jen'G' of the ni# 'I hall h final .��� � .Appeals of the director's decision shall follow the appeal procedures set forth in sections 5.04.080 through 5.04.100. SECTION 11. Section 5.04.140 (Grounds for revocation of business license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in sy k�ttagh text; additions in bold/underline text): Sec. 5.04.140. - Grounds for revocation of business license. The city GGUR ci: director may condition, suspend or revoke a business license if the ce6IRGi! director finds any of the following: (a) The applicant for the business license made a false statement in anv application for a license or permit or in any report required under this tib 1195190.1 (b) That any grounds or circumstances exist that would have justified denial of a business license application; (ac)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; (bd) 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; (ee)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; (df) 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; (eg) 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; (fh) 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; (gi) 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; (#i) The licensee, manager or employees have failed to control the actions of the businesses' patrons in and immediately adjacent to the business premises; or (ik) 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 12. Section 5.08.010 (Acupressure) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is amended as follows (deletions in strikethFeugh text; additions in bold/underline text): Sec. 5.08.010. - AGLIpFessure. Reserved. 1195190.1 SECTION 13. Section 5.08.070 (Massage establishments and massage technicians) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in its entirety and replaced with new Section 5.08.070 to read as follows: (a) Findings and Purpose. The city council finds and declares as follows: (1) The permit requirements and restrictions imposed by this section are reasonably necessary to protect the health, safety, and welfare of the citizens of the city, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting. (2) The city is authorized to regulate massage establishments pursuant to the State Constitution, Cal. Gov't Code §§ 37100, 51030 et seq., California Business and Professions Code §§ 460, 4600 through 4620 and § 16000, § 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, and amended) and Section 7 of Article XI of the California Constitution. (3) There is a significant risk of injury to massage clients by improperly trained and/or educated massage practitioners and this chapter provides reasonable safeguards against injury and economic loss. (4) There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments, as well as for the use of massage establishments as venues to facilitate human trafficking. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity and would thereby benefit the public health. (5) The provisions of this section are intended to enhance the efficient processing of permits for massage establishments, owners and managers and the ongoing regulation of those permittees and certificate holders by the City of Diamond Bar. The provisions of this chapter in no way limit the authority of the city to inspect massage establishments or conduct investigations to ensure permittees are complying with applicable rules and regulations. (6) The restrictions and requirements contained in this section are intended to stop the practice of businesses quickly changing ownership in name upon the discovery of criminal activity by the city. (7) The restrictions and requirements contained in this section are intended to be in addition to the requirement of a valid business license issued pursuant to this title. (8) The regulations and restrictions contained in this section are intended to discourage massage establishments from degenerating into houses of prostitution, and the means utilized in this section bear a reasonable and 1195190.1 rational relationship to the goals sought to be achieved within the confines allowed by state law. (9) The provisions of this section are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal service businesses. (10)Pursuant to State law, the California Massage Therapy Council ("CAMTC") regulates massage technicians in order to protect the public, and it is in the public interest to require that all persons providing massage in the city have a certificate from CAMTC. (b) Exceptions. Except as otherwise expressly provided, the requirements of this section shall have no application and no effect upon and shall not be construed as applying to: (1) Treatment of services administered or provided in good faith by a physician, surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or any other person licensed to practice any healing art under the provisions of Cal. Bus. & Prof. Code Div. 2 (commencing with § 500) while in the course of engaging in practices within the scope of his or her professional license. (2) State -licensed hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State of California, or activities engaged in by the employees of such facilities in the course of their employment while working on the premises of such state -licensed facilities. (3) The activities of coaches or trainers employed by accredited junior high schools, high schools, junior colleges, colleges or universities while acting within the scope of their employment. (4) Barbers, beauticians, or manicurists who are duly licensed by the State of California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus. & Prof. Code §§7300 et seq., as the same may be amended from time to time, while engaging in practices within the scope of such license, except that this exemption applies solely for the massaging of the neck, face, and/or scalp of the customer or client of said barber or beautician or, in the case of a licensed manicurist, the massaging of the forearms, hands, calves, and/or feet at a state -licensed facility. Any business employing state -licensed barbers, beauticians, or manicurists at which massage services not otherwise exempted pursuant to this section are also provided shall be considered a massage establishment and must comply with all provisions of this section. (5) Schools of cosmetology or barbering which comply with the requirements of Cal. Bus. & Prof. Code §§7362 et seq. when instructors are acting within the scope of their employment or when students are working as unpaid externs pursuant to the requirements of Cal. Bus. & Prof. Code §7395.1. (6) Activities of any other business or professions to the extent exempted by state law. 1195190.1 (c) Definitions. For purposes of this section, the following terms shall have the following meanings: (1) Acupressure means the practice of placing physical pressure by hand, elbow, or with the aid of various devices on the same points on the surface of the body targeted in acupuncture with the intention of treating illness and/or disease or relieving pain. (2) California Massage Therapy Council or CAMTC means the nonprofit organization created to regulate and issue massage practitioner and therapist certificates pursuant to California Business & Professions Code §§4600 et. seq. (3) CAMTC Certificate shall mean a certificate, issued by CAMTC, certifying completion of the required curriculum in massage training. (4) Employee includes every owner, partner, operator, manager, supervisor, person and worker, whether paid or not, full-time or part-time, who renders personal services of any nature or is otherwise employed in support of the operation of a massage establishment. For purposes of this chapter, the terms employee shall also include certified massage technicians who provide massage services, whether as independent contractors or otherwise, in or for a massage establishment. (5) Manager means any individual designated or permitted by the owner of a massage establishment to act as the representative and/or agent of the owner in managing day-to-day operations of the massage establishment, with corresponding responsibilities. Evidence of management includes, but is not limited to, the ability of the individual to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies, and ensuring that the massage establishment complies with the requirements of this code and of other laws. An owner or operator may also be a manager, and a massage establishment may have more than one manager. (6) Massage and Massage Services means any method of treating the external parts of the body for remedial, health, hygienic, or relaxation purposes for compensation and includes, but is not limited to, treatment by means of manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping, pounding, vibrating, with or without the aid of or by means of any mechanical, electronic, or other apparatus, and with or without rubbing alcohol, liniments, aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations. Massage specifically includes the application of any of these methods to the scalp, neck, or feet of any individual. (7) Massage Establishment shall mean any business or establishment having a fixed location where any individual, firm association, partnership, limited liability company, corporation, or combination of individuals, offers, engages in, conducts, carries on or permits to be offered, engaged in, conducted or 1195190.1 carried on, massage services or out -call massage within the city, including the residence or business office of a sole provider who provides massage services at such premises. Any type of business or establishment at which massage services are provided shall be considered a massage establishment for purposes of this chapter, regardless if the business holds itself out as something other than a massage establishment and/or offers or provides other types of products or services. Notwithstanding the foregoing, the residence or business office of a sole provider who only engages in out -call massage and does not provide massage services at such residence or business office shall not be considered a massage establishment. (8) Massage Practitioner means a person who is certified as such by CAMTC in accordance with the Massage Therapy Act. (9) Massage Technician shall mean a massage practitioner or massage therapist certified by CAMTC. (10)Massage Therapist means a person who is certified as such by CAMTC in accordance with the Massage Therapy Act. (11)Massage Therapy Act means chapter 406 of the 2013-2014 Legislative Session, as the same may be amended from time to time. (12)Operator means any individual with direct responsibility, in whole or part, for the ongoing operations of a massage establishment. An operator may, but need not, also be an owner or a manager. (13)Out-Call Massage means the provision of massage services at a location other than at a massage establishment. (14)Owner means any individual or entity that has a direct or indirect ownership interest of more than ten percent (10%) in a massage establishment or that is an officer, director, or limited liability company manager of such an owner. The term owner may include, without limitation, the sole proprietor of a sole proprietorship, any general or limited partner of a general or limited partnership, any member or manager of a limited liability company, any shareholder, officer, or director of a corporation, or any other person that has an ownership interest of more than ten percent (10%) in a massage establishment, whether as an individual, corporation, limited liability company, general partner, limited partner, shareholder, member, officer, director, or otherwise. (15)Patron means an individual on the premises of a massage establishment for the purpose of receiving a massage. (16)Sole Provider means any legal form of business organization owned entirely by an individual massage technician, where such owner is the only individual who provides massage services for the business and that has no other 1195190.1 employees or independent contractors that provide massage services for or on behalf of the business. (d) CAMTC Certificate and business license requirements for massage services. (1) Except as otherwise provided in subsection (b), no individual shall engage in, conduct, carry on, practice or perform massage services within the city without first obtaining and thereafter maintaining a CAMTC Certificate and presenting proof of such CAMTC Certificate to the city in accordance with the provisions of this section. (2) Except as otherwise provided in subsection (b), no person shall engage in, conduct or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the operation of a massage establishment without first obtaining and thereafter maintaining a massage establishment business license pursuant to this section. (3) No owner, operator, or manager of a massage establishment shall employ, retain, or allow any individual to perform massage services in the city unless such individual possesses a current and valid CAMTC Certificate. For purposes of this section, an owner, operator, or manager employs, retains, or allows an individual to perform massage services if (i) that individual is an employee of the massage establishment, (ii) that individual's association with the massage establishment is that of an independent contractor who receives compensation for massage services provided to patrons of the massage establishment, or (iii) that individual receives a patron referral or referrals from the massage establishment for massage services and arranges in any way for compensation relating to such services to flow to such owner, operator, manager or massage establishment. (e) Massage establishment business licenses generally (1) Where a conditional use permit is required pursuant to title 22, a business license application for a massage establishment shall be filed concurrently with the conditional use permit application. The business license for the massage establishment shall not be issued until the conditional use permit has been approved. (2) Massage establishment business licenses issued pursuant to this chapter may not be assigned or transferred. (3) The owner or operator of a massage establishment shall notify the director or his or her designee whenever there is a change in information which was required to be submitted in the initial or a renewal application for the massage establishment's business license. Such notification shall be in writing and made within ten business days of the change on a form provided by the city. If such change involves the addition of a new operator, manager, or employee who will be providing massage services, a true and correct copy of the individual's current CAMTC certificate and CAMTC-issued identification card shall be provided with the written notification form. If such change involves the addition of a new owner, operator, or manager, such individual shall not commence working at or for the massage establishment in such capacity until all background information required for such individuals pursuant to subsection 1195190.1 5.08.070(f) has been provided to the city, the city has completed a background investigation of the individual, and the director has determined that such individual has not engaged in prior conduct that would serve as the basis for denial of a business license for the massage establishment in accordance with this chapter. (4) Each owner, operator, and manager of a massage establishment shall be responsible for the conduct of all employees and independent contractors working for or on behalf of the massage establishment. Failure of the employees or independent contractors to comply with the provisions of this chapter or the Massage Therapy Act may result in the issuance of criminal and/or administrative citations and shall be grounds for revocation of the massage establishment business license. (5) Any requirement of this section applying to an owner or operator shall apply to each and every owner and operator of a massage establishment. (t) Application information—Massage establishment businesses. In addition to the information prescribed by sections 5.00.040(c) and 5.04.020, unless waived by the director for good cause, all applications for a business license for a massage establishment must contain the following information and documents. (1) The full name, home and business addresses, home and business telephone numbers, and email address of the responsible individual designated by the applicant to be the City's primary point of contact for the massage establishment and the business license. This individual shall be an owner or operator and shall complete and sign all application forms and provide all required information and documents on behalf of the applicant. By signing the application, this individual shall certify under penalty of perjury that all information contained in, and/or submitted as part of the application, including the personal background information pertaining to each individual owner, operator, manager, and employee, is true and correct. This individual shall also acknowledge that he or she, along with each other owner, operator, and manager, shall be responsible for the conduct of all employees (including independent contractors) on the premises of the massage establishment or while working on its behalf, and that violations of the provisions of this chapter shall be grounds for revocation of the business license. (2) The legal name(s) of, and each fictitious business name used by, each owner and operator of the proposed massage establishment and what type of legal entity each is, i.e., whether a sole proprietorship, general partnership, limited partnership, limited liability company, corporation, or otherwise. Proof in the form of certified copies of an entities articles of incorporation, charter, articles of formation, certificate of limited partnership, dba filings, or other documents may be required by the director in his or her discretion. For corporations, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each shareholder or other person who has an ownership interest in the corporation. For limited liability companies, the name of the limited liability company shall be set forth exactly as shown in its articles or organization or other organizational document together with the state and date of organization 1195190.1 and the names and residence addresses of each of its current officers, directors, and managers, and of each member or other person who has an ownership interest in the limited liability company. For partnerships, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If one or more of the partners of a partnership is a corporation or limited liability company, the provisions of this subsection pertaining to corporations and limited liability companies shall apply. (3) The precise name under which the massage establishment is to be conducted, along with the complete address and all telephone numbers of the massage establishment. No massage establishment shall operate under any business name or conduct business under any designation not specified in the business license. (4) A scaled and dimensioned floor plan showing entrances, exits, windows, interior doors, restrooms, all other separately enclosed rooms (including, but not limited to, closets, storerooms, break rooms, and changing rooms), and the location of massage tables and chairs. (5) A complete current list of the names and residence addresses of all current or proposed employees of the massage establishment and their respective jobs or positions. (6) True and correct copies of the current CAMTC certificate and CAMTC-issued identification card for each employee/massage technician who will be providing massage services for or at the massage establishment (including independent contractors). (7) The following personal information for each individual owner, operator, and manager of the massage establishment. The director may waive this requirement, in whole or in part, for any individual where it is shown to the satisfaction of the director that such individual will not be directly involved in the operation of the proposed massage establishment. a. Full complete name and all aliases or fictitious names used within the last ten years; b. The individual's current residential and business addresses, and a list of all previous residential and business addresses for a minimum of the last eight years; C. Written proof of the individual's age, date of birth, height, weight, color of hair and eyes, and sex; d. Two identification photographs and fingerprints; e. The individual's complete business, occupation and employment history for the ten years immediately preceding the filing of the application, including, but not limited to, the names and addresses of any other massage establishments or similar businesses the individual has owned, operated, managed, provided massage services at, or worked at; f. The complete massage permit history for the individual; whether the individual has had a permit or license to operate, manage, provide massage services at, or work at a massage establishment denied, revoked, or suspended in any jurisdiction; the reasons for any such denial, 1195190.1 revocation, or suspension; and the business, activity, or occupation the applicant engaged in subsequent to such denial, revocation, or suspension; g. A description of all criminal convictions, including pleas of nolo contendere, within the last ten years, including those dismissed or expunged pursuant to California Penal Code section 1203.4, but excluding traffic or infraction violations, and the date and place of each such conviction and reason therefor; h. Such other information and identification deemed necessary by the sheriffs department. (8) The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be conducted. In the event the owner of the massage establishment is not the legal owner of the property, the application must be accompanied by a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her/its property, and that the massage establishment shall be subject to the provisions of this chapter, along with a copy of the lease, if applicable. (g) Issuance or denial of a massage establishment business license. Upon receipt of a complete application for a massage establishment business license, the director shall conduct a background investigation, review the application and determine whether to issue, deny, and/or condition a business license in accordance with this title. In addition to the grounds for denial set forth in section 5.04.050, the director may deny an application for an initial or a renewal massage establishment business license if he or she makes any of the following findings: (1) A massage establishment is not a permitted use in the proposed location or no conditional use permit for the massage establishment has been issued, if applicable, and the massage establishment does not possess legal nonconforming use status, pursuant to the provisions of title 22, Development Code. (2) Within twelve months prior to the submittal of the application, the location of the proposed massage establishment has been the site of a massage establishment that was closed, either voluntarily or in response to action by the city, due to arrests for criminal activity, violations of this section, and/or notices pertaining to criminal activity, code violations, or business license suspension or revocation proceedings. (3) Anyone who provides or will provide massage services for or at the massage establishment, does not possess a current and valid CAMTC Certificate. (4) Any owner, operator, manager, or employee of the massage establishment has engaged in disqualifying conduct. Disqualifying conduct includes the following: a. Within ten years preceding the date of filing of the application, the individual has been convicted in a court of competent jurisdiction of any of the following: (i) A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290; 1195190.1 (ii) Conduct in violation of California Penal Code sections 266h, 2661, 315, 316, 318, 653.22, 653.23, or 647 (b); (iii) An attempt to commit or conspiracy to commit any of the above mentioned offenses; (iv) When the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code sections 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; (v) Any crime committed while engaged in the management or ownership of a massage establishment or the practice of massage; (vi) A violation of any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health & Safety Code section 11054, 11055, 11056, 11057 or 11058; or (vii) Any offense under a statute of any state or ordinance of any city or county, which is the equivalent of any of the aforementioned offenses, including California Business & Professions Code section 4609(a). b. Within ten years preceding the date of the filing of the application, the individual has had any massage establishment, operator, technician, practitioner, therapist, or trainee certificate, license, or permit issued by any state, local agency, or other licensing authority, including the CAMTC, denied, revoked, or suspended for any reason other than lack of sufficient education; or has had to surrender such a certificate, license, or permit as a result of pending criminal charges or administrative proceedings for suspension or revocation of any such certificate, license, or permit; C. Within five years preceding the date of filing of the application, the individual has been convicted in a court of competent jurisdiction of any of the following: Any crime, other than an infraction or those listed above, involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or another, or substantially injure another; (ii) Any crime, other than an infraction or crimes relating to those offenses listed above, where the crime or act is substantially related to the management or ownership of a massage establishment or the practice of massage, including a violation of the Massage Therapy Act; (iii) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 through 11235, as the same may be amended from time to time, or any similar provisions of law in a jurisdiction outside the State of California; or (iv) Has been found to be maintaining a nuisance in connection with the same or similar type of business; or 1195190.1 d. Within five years preceding the date of filing of the application, the individual has engaged in the exposing of specified anatomical areas of oneself or of another person to view, or in touching the specified anatomical areas of oneself or of another person, while providing massage services or while within view of a customer or patron of the massage establishment, or has been the owner, operator, or manager of an establishment where such conduct occurred. (h) Renewal of massage establishment business licenses. (1) Business licenses for massage establishments shall be renewed annually in accordance with this title. (2) Each applicant for renewal of a massage establishment business license shall provide such information and documents as may be reasonably required by the director to determine that the massage establishment is operating in compliance with the provisions of this title and/or any conditions imposed on the business license. The director may refuse to renew a business license for a massage establishment upon finding the existence of any facts or circumstances that would constitute grounds for the denial or revocation of a business license. (i) Requirements of operation for massage establishments. The following requirements of operation shall apply to all massage establishments located in the city. Each owner, operator, and manager of a massage establishment shall be responsible for ensuring that the requirements of operation are complied with at all times. (1) Building and facility requirements. a. All massage rooms and dressing rooms shall be screened off by hinged doors, draw drapes, curtain enclosures, or accordion -pleated closures. Except for bathroom doors, interior doors shall not have locks on them. b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of the Municipal Code, all rooms in which massages are being provided shall be lit with a minimum of one light fixture emitting at least 210 lumens for every 150 square feet of space during the administration of such services, with lighting levels spread evenly throughout the space. No dimmer switches, strobe lights, flashing lights, colored light, or any coverings or other apparatus, other than a lampshade, which changes or darkens the color of the primary light source shall be used in any room in which massage services are being provided. C. Any locker facilities provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and the patron shall be given control of the key or other means of access. d. The walls in all rooms where water or steam baths are given shall have a washable mold -resistant surface. e. One main entry that enters into the reception area shall be provided for patron use. Where feasible, this main entry shall be located on the storefront side of the building or tenant space. All patrons, and any persons other than those providing services at the massage 1195190.1 establishment, shall be required to enter and exit solely through the main entry. f. All exterior doors (except rear exterior doors used only for employee access to and from the massage establishment) shall remain unlocked during business hours, and the establishment shall comply with the provisions of the Diamond Bar Municipal Code pertaining to the posting of signs stating that doors shall remain unlocked during business hours. Exits for emergency purposes shall be provided where deemed necessary by the building official. Notwithstanding the above, all exterior doors may be locked, provided that the massage establishment is a business entity owned by one individual with one or no employees or independent contractors. g. There shall be no audio or visual internal communication devices within the establishment, such as, but not limited to, buzzers, alarms, or intercom systems. (2) Maintenance of premises and equipment. a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms 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. c. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided. d. Hot and cold running water shall be provided at all times. e. 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. f. Standard or portable massage tables or chairs shall be used with a durable, washable plastic or other waterproof material as a covering. Beds, mattresses, water beds, futons, sofa beds, any type of portable or convertible beds, and foam pads more than four inches thick or with a width of more than four feet shall not be permitted in the establishment. (3) Personnel lists a. Copies of the CAMTC certificate and identification card for each employee required to possess a CAMTC certificate pursuant to this chapter shall be maintained on file on the premises of the massage establishment at all times, and for a minimum period of two years following the date that the person ceases providing services/employment to the massage establishment. Copies shall be made available to any individual upon request, including but not limited to employees of the city. In addition, within ten days of a massage establishment hiring or contracting with a new employee, written notice of the name, residential address, and position of the new employee and true and correct copies of his or her CAMTC certificate and identification card (if required) shall be filed with the director. 1195190.1 b. Within five days of the expiration, revocation, suspension, or surrender of an employee's CAMTC Certificate, the owner or operator shall provide written notice of such expiration, revocation, suspension, or surrender to the director, and such employee shall not be permitted to operate, manage or provide massage services at the massage establishment until and unless a he or she receives a valid new or renewed CAMTC Certificate and a copy of such new CAMTC Certificate and identification card for the employee has been provided to the director. c. A register of all persons who are currently, or who within the last two years were, employed, working or providing services at or for the massage establishment shall be maintained on the premises of the massage establishment at all times. The owner shall make the register immediately available for inspection upon demand of a representative of the sheriff's department, any health officer, or any other official charged with enforcement of this title. The register shall include at least the following information: 1) Name, nicknames, and/or aliases; 2) Home address and relevant phone number, including but not limited to home, cellular, and pager numbers; 3) Age, date of birth, gender, height, weight, color of hair and eyes; 4) The date of employment, and termination, if any; 5) The duties of each person. (4) Hours of operation. a. No massage establishment shall be open for business or operated between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all customers, patrons and visitors shall be excluded from the massage establishment between those hours. A massage begun any time before 10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of operation shall be displayed in a conspicuous public place in the lobby within the massage establishment and in any front window outside of the massage establishment. b. During hours of operation, only employees of the massage establishment or a patron shall be allowed beyond the reception area of the massage establishment, with the exception of representatives of the sheriff's department, any health officer, any other official charged with enforcement of this title, or a CAMTC official. c. Patrons and visitors shall only be permitted in the massage establishment during the hours of operation. (1) Visitors who are not patrons shall only be permitted in the reception area of the massage establishment. (2) Patrons shall only be permitted in massage treatment areas if at least one massage technician is on the premises. d. The massage establishment shall be supervised during all hours of operation by a manager specified in the permit application. The name and photograph (minimum size of four inches by six inches) of the on - duty manager shall be posted in a conspicuous public place in the lobby 1195190.1 of the massage establishment at all times that the business in open. This provision shall not apply to sole providers. e. No massage establishment shall be used for residential purposes. (5) Posting requirements. In addition to any other requirements for posting set forth in this title, the following requirements shall apply: a. A recognizable and legible sign complying with the requirements of this code shall be posted at the main entrance identifying the establishment as a massage establishment. b. Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. No services shall be performed and no sums shall be charged for such services other than those posted. Nothing herein prohibits a voluntary tip from being paid by the patron. Such services may either be posted on a sign or printed in a menu of services. c. Any posted signs which are in a language other than English shall also be posted in English. (6) Prohibited conduct. Each owner, operator, and manager shall be responsible for the conduct of all employees while such employees are performing services at or for the massage establishment. Any act or omission of any employee constituting a violation of this chapter shall be deemed an act or omission of each of the owners, operators, and managers for purposes of determining compliance with this chapter and whether the business license or any other permit required by the city shall be revoked, suspended, denied, or renewed. In addition to conduct prohibited by any other provision of law or this code, the following conduct at or by employees of massage establishments is expressly prohibited: a. No alcoholic beverages shall be sold, served, or furnished on the premises of any massage establishment unless expressly authorized under a conditional use permit and licensed by the Department of Alcoholic Beverage Control. b. No storage or sale of condoms, spermicides or other makeshift prophylactic materials (e.g. plastic wrap) shall be permitted within the massage establishment. c. No person shall use or possess, nor shall there be any storage of, any sexually -oriented implements or paraphernalia which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. d. No electrical, mechanical, or artificial device shall be used by any massage establishment employee for non -security audio and/or video recording or for monitoring the performance of a massage, of the conversation or other sounds in the massage rooms, without the prior written consent of the patron. e. No employee of a massage establishment shall, while engaged in the practice of massage, or while visible to patrons in the massage establishment, dress: (i) in attire that is transparent, see-through, or 1195190.1 substantially exposes the employee's undergarments; (ii) in a manner that exposes the massage technician's breasts, buttocks, or genitals; (iii) in a manner which has been deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California; or (iv) in swim attire unless such person is providing a water-based massage modality which has been approved by CAMTC. f. No owner, operator, manager or employee of a massage establishment shall engage in, or permit any other employee to engage in, any form of unprofessional conduct as defined in California Business and Professions Code section 4609(a)(1), including, without limitation, engaging in any form of sexual activity on the premises of a massage establishment or while providing massage services, providing massage of the genitals or anal regions, or providing massage of the breasts of a female patron without the written consent of the person receiving the massage and a referral from a licensed California health care provider. 0) Inspections. (1) Representatives of the sheriff's department, fire department, community development department, and agents for the city or from the County Public Health Department, and representatives of any state or local agencies with regulatory authority over massage establishments shall have the right to enter massage establishments, from time to time, during regular business hours, or at any time that the massage establishment is occupied or open for business, to verify the massage establishment is in compliance with all applicable laws without the need for an inspection or abatement warrant. No person shall refuse to permit, cause delay of, or interfere with, a lawful inspection or compliance check of the premises by such officials at any time. (2) The operator shall cause to be conspicuously posted so that the same may be readily visible to persons in the reception area of the massage establishment, in letters that are a minimum of one inch in height, a notice in English and such other languages as may be convenient to communicate such notice, which provides substantially as follows: THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE In addition, operators are encouraged to post this notice in language(s) that are best understood by the customers of the massage establishment. SECTION 14. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 15. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once 1195190.1 within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED THIS _TH DAY OF 2016, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. 10 Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at the regular meeting of the City Council of the City of Diamond Bard held on the day of 2016, and was finally passed and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the day of 2016, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 1195190.1 ATTACHMENT 2 ORDINANCE NO. XY (2016) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE 22 OF THE MUNICIPAL CODE PERTAINING TO THE PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND TATTOO PARLORS. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. The City Council desires to amend Title 22 of the Diamond Bar Municipal Code in order to revise the City's regulations pertaining to the permissible locations and permit requirements for massage establishments and tattoo parlors. B. On September 13, 2016, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015-205, and adopted Resolution No. 2016-23 recommending City Council approval of said Development Code Amendments. C. On October 18, 2016, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendments. D. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). E. The proposed Development Code Amendment is consistent with multiple objectives and policies in the City of Diamond Bar General Plan. F. The City Council hereby adopts the findings, facts and reasons stated in Planning Commission Resolution No. 2016-23, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. G. All legal prerequisites to the adoption of this Ordinance have occurred 1195289.1 NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in the office professional (OP), office business park (OB), and commercial office (CO) zoning districts and to clarify that all other types of "personal services" land uses are permitted uses in such zoning districts (deletions in strikethFough text; additions in bold/underline text): TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE OP OB(3) CO SERVICE USES Personal services excluding MUM massage establishments and P P P tattoo arlors PersGRa; sew+ses—,°she; CUP (6) CHP --(6) CUP(6) Notes: M0- MINOR MUM SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted 'personal services" land uses in the neighborhood commercial (C-1), community commercial (C-2), and regional commercial (C-3) zoning districts; that "massage establishments" are a conditionally permitted 'personal services" land use in the community commercial (C-2) and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a permitted "personal services" land use in the regional commercial (C-3) zoning district (deletions in strikethrough text; additions in bold/underline text): 1195289.1 TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE C-1 C-2 C-3 I See peYSORal c s Tattee floor area studies, massage wrri therapy) Personal services Standards in Section: SERVICE USES Personal services 5.08.070, — AGupFessuFe, 22.42.077 massage therapy, C CUP(-) CUP 04 Massage establishments Personal services .= P Tattoo parlors Notes: SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as follows (deletions in strikes, ti hrough, text; additions in bold/underline text): TABLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use Type Vehicle Spaces Required Service Uses: BaFber beauty shops (and other 1 space for each 250 sq. ft. of gross peYSORal c s Tattee floor area studies, massage wrri therapy) Personal services SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in stFikethrough text; additions in bold/underline text): (6) Location/separation requirements. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater; or adult theater, massage parlor within 500 feet of any other similar adult business, religious institution, school, public park or any property designated for residential use or used for residential purposes. 1195289.1 SECTION 5. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add a new definition for "massage establishment' and to revise the definition of "personal services" (deletions in stFiket h text; additions in bold/underline text): (m) Definitions, W." The following definitions are in alphabetical order: Massage establishment. A business engaging in massage services pursuant to the provisions set forth in section 5.08.070. (p) Definitions, "P." The following definitions are in alphabetical order: Personal services. Establishments providing nonmedical services to individuals as a primary use, including: AGUpressufe Clothing rental Dry cleaning pick-up stores Hair cutting/styling Home electronics repair Laundromats (self-service laundries) Massage therapy Nail salons Shoe repair shops Tailors Tanning salons Tattoo parlors These uses may also include accessory retail sales of products related to the services provided. SECTION 6. Any land use constituting a "massage establishment' as defined in Section 5 of this Ordinance that was legally established and operating with a valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar Municipal Code, and all other required City permits or approvals prior to the effective date of this Ordinance, and that is made nonconforming by this Ordinance because no 1195289.1 approved Conditional Use Permit for the use exists and/or the use is not located in a zoning district in which such a use is permitted pursuant to the provisions adopted or amended by this Ordinance, shall be considered a nonconforming use subject to the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22 of the Diamond Bar Municipal Code; provided, however, that all such nonconforming uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code, as amended. SECTION 7. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02 (2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use permits or business licenses for establishment, expansion, or relocation of massage establishments Citywide, shall be deemed repealed and of no further force and effect. APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. AN Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at the regular meeting of the City Council of the City of Diamond Bard held on the _ day of 2016, and was finally passed and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the day of 2016, by the following vote: AYES: Council Member: NOES: Council Member: 1195289.1 ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 1195289.1 A17ACHMENT3 AGENDA REPORT CITY OF DIAMOND BAR _ 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 13, 2016 CASE/FILE NUMBER: Development Code Amendment Planning Case No. PL 2015-205 PROJECT LOCATION: Citywide To amend the following in the Diamond Bar Municipal APPLICATION REQUEST: Code ("Development Code") regarding regulations on massage establishments, as well as revise the land use provisions for tattoo parlors to be consistent with recent case law: Title 22 — Sections 22.10.030, 22.30.040, 22.42.020, and 22.80.020. APPLICANT: City of Diamond Bar Community Development Department STAFF RECOMMENDATION: Adopt the attached Resolution recommending the City Council approve Development Code Amendment Planning Case No. PL 2015-205 SUMMARY: This proposed amendment to the Development Code would restore Diamond Bar's authority to require approval of a conditional use permit (CUP) prior to the licensing of any new massage establishment proposed within the City. In addition, this proposed Development Code Amendment would amend the City's regulations pertaining to tattoo parlors in order to conform to current case law. As a separate, but related matter, staff has also drafted new business licensing regulations pertaining to massage establishments and their operations. Business licensing regulations (Title 5 of the Diamond Bar Municipal Code) are not subject to Planning Commission ].'_08991.1 criteria and enforcement practices. San Gabriel, Huntington Beach and many other cities have experienced an alarming increase in massage establishments, which in turn have placed increased burdens on their law enforcement agencies.' Diamond Bar saw its number of massage establishments increase from four to 15. Moreover, the City was compelled to permit at least seven massage establishments to open simply on the basis that the owners and/or massage technicians were CAMTC certified. Assemblywoman Susan Bonilla described SB 731 and AB 619 as laws "that had serious unintended consequences, with bad actors masquerading as legitimate massage professionals exploiting loopholes in current law to insulate themselves against the ability of local governments and law enforcement to shut them down." In response to the rapid proliferation of massage establishments and the impacts directly associated with them, cities, counties, elected representatives, law enforcement agencies and the League successfully advocated for more carefully crafted legislation. On September 18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its effective date of January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new law restores significant local land use authority over massage establishments by removing SB 731's broad state preemption of local massage ordinances and gives local governments greater authority to enact reasonable regulations to manage massage establishments in the best interests of the individual community, including restoring the authority to impose regulations on massage establishments that do not apply to other professional service providers. While the CAMTC and the voluntary certification provisions remain intact, there were a number of important changes, including the restoration of local land use authority to regulate massage establishments separately from the manner in which they regulate other professional service providers. AB 1147 further mandates significant reforms to the organization and composition of the CAMTC Board to include representatives from the League, the California State Association of Counties, and the California Police Chiefs Association. Interim Urgency Ordinances/Moratorium On January 6, 2015, immediately following the passage of AB 1147, the City Council adopted Interim Urgency Ordinance No. 02 (2015), placing a temporary ban on the establishment, expansion or relocation of massage establishments Citywide. The interim urgency ordinance was adopted to allow staff to study AB 1147, and draft amendments to the Diamond Bar Municipal Code pertaining to the regulation of massage establishments that are consistent with the new law. The ordinance was subsequently extended to provide staff with additional time to study the matter. The moratorium is set to expire on January 4, 2017. City staff, in cooperation with the Sheriff's Department and the City Attorney's Office, used this time period to research and develop an ordinance that administers reasonable regulations to manage massage establishments in the best interests of the community. 2 Ibid, p. 11 3 1188991.1 massage establishments not be permitted in the C-1 (Neighborhood Commercial) zone because many C-1 areas are limited in service uses and are often near residential neighborhoods. o Tattoo Parlors Staff recommends that the process of amending the City's massage regulations be used as an opportunity to concurrently revise the land use provisions for tattoo parlors so that they are consistent with recent case law. Presently, there are no tattoo parlors located in the City. However, tattoo parlors are currently listed as a subcategory of "personal services" and as a use permitted with a Conditional Use Permit in the OP (Office, Professional), OB (Office, Business), CO (Commercial Office), C-1, C-2 and C-3 zones. Conditional Use Permit requirements have been applied to tattoo parlors in recognition of their potential to result in secondary negative impacts, such as an increase in crime and the sale of illegal drugs immediately surrounding tattoo parlors and the impairment of the market values and aesthetic and visual qualities of the properties adjacent to tattoo parlors. In 2010, the 9th Circuit Court of Appeal rule, in Anderson v. City of Hermosa Beach, that the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo parlors within the city was unconstitutional, and that cities may only impose reasonable "time, place, and manner" regulations on such activities. The Ninth Circuit held, as a matter of first impression, that a tattoo itself, the process of tattooing, and the business of tattooing are pure forms of expression fully protected by the First Amendment to the United States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was not a reasonable "time, place, or manner" restriction. The 11th Circuit recently reached a similar conclusion in Buehrle v. City of Key West. The City's current zoning regulations, which apply a conditional use permit requirement to all tattoo parlors seeking to locate in the City, could be called into question in light of these recent decisions. Therefore, staff is proposing that tattoo parlors be permitted by right in the C-3 zone, but be prohibited in all other zoning districts in the City. The C-3 zone was chosen because properties under this designation are located on major intersections within the City and are near other service- oriented uses. Staff believes that the C-3 zoning district affords sufficient opportunities should a tattoo parlor seek to locate in the City in the future. Section 22.30.040 — Number of parking spaces required. A minor terminology clarification in Table 3-10 is proposed. No substantive changes to the parking requirements for personal services are proposed. Section 22.42.020 — Adult-oriented businesses. The term "massage parlor" is proposed to be removed from the minimum location/separation requirements for adult-oriented businesses. AB 1147 prohibits jurisdictions from defining a massage establishment as adult entertainment, or otherwise regulating a massage establishment as adult entertainment. 5 1188991.1 notice would be mailed is greaterthan 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City's three designated community posting sites. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment No. PL2015-205 to the City Council. Prepared by: Mayuko Nakajima Associate Planner Reviewed by: Greg Gubman, AICP Community Development Director Attachments: Prepared by: Grace S. ee Senior Planner 1. Draft Resolution of Approval No. 2016 -XX 2. Redline of Proposed Changes to Title 5: Business Licensing (For information only) 3. List of Existing Massage Establishments 4. Map of C-2 and C-3 Zoning District 5. Redline of Proposed Changes to Title 22: Development Code 1188991.1 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 13, 2016 CALL TO ORDER: ATTACHMENT 4 Chair/Mahlke called the meeting to order at 7:00 p.m. In the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: Present: 2. 3 Q Vice Chair/Wolfe led the Pledge of Allegiance. Commissioners Naila Barlas, Frank Farago, Ken Mok, Vice Chair Raymond Wolfe and Chair Jennifer Mahike Also present: Greg Gubman, Community Development Director, James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Special Meeting of August 10, 2016, Joint General Plan U date Kickoff Meeting of the Glty Council and Planning Commission. C/Mok moved, Chair/Mahlke seconded, to approve the Minutes of the Special Meeting of August 10, 2016, Joint General Plan Update Kickoff Meeting of the City Council and Planning Commission as presented. AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.2 Minutes of the Regular Meeting of August 23, 2016. VC/VVolfe moved, C/Barlas seconded, to approve the Minutes as presented. Motion carried by the following Roll Call vote: SEPTEMBER 13, 2016 PAGE 2 PLANNING COMMISSION AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: 7 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: PUBLIC HEARING(S): None None Barlas, Farago, Mok, VC/Wolfe None ChairlMahlke None 7.1 DEVELOPMENT CODE AMENDMENT NO. PL2015-205— Under the authority of Diamond Bar Municipal Code Section 22.70, the City of Diamond Bar proposes to amend certain sections of the Development Code in order to establish massage regulations and requirements consistent with Assembly Bill 1147 as well as, revise the land use provisions for tattoo parlors to be consistentwith recent case law. The project includes a request to amend the following sections of Title 22 of the Diamond Bar Municipal Code (Development Code): 22.10.030, 22.30.040, 22.42.020, and 22.80.020. Project Address: Citywide Applicant: City of Diamond Bar AP/Nakajima presented staffs report and recommended that the Planning Commission adopt a Resolution recommending City Council approval of Development Code Amendment No. PL2015-205. Chair/Mahlke opened the public hearing. Mathew Ulveno asked if one of the (current) massage establishments would have to move if this code amendment passed. Chair/Mahlke responded that her understanding is that current massage establishments become "legally non -conforming" which means that they continue doing business. However, if they decide to expand or intensify their business they must reapply and the project must fall within this directive, if approved by the City Council. Lee Salas, owner of Massage Envy, said that every 10 years her establishment-must_go_to_its-_fra.nchisor_and__u.pdate the interior of their__ premises to keep it clean and fresh and wanted to know if that at that point the establishment would continue as "legal non-conforming/grandfathered in" or fall under the amendment. SEPTEMBER 13, 2€316 PAGE 3 PLANNING COMMISSION ACAiEggart responded that if a legal non -conforming business wanted to increase its square footage (size of the structure) it would not be allowed to do so in that location and would have to remain within the same building footprint/square footage. CDD/Gubman further explained that with respect to Ms. Salas's business, it would be a non -conforming use because that business does not currently have a Conditional Use Permit. The business is located in a zone that allowsmassageestablishments and if Massage Envy wanted to expand in the future they would have to apply for a Conditional Use Permit. In short, they are not prohibited from expanding in their current location but to do so, they would have to obtain a Conditional Use Permit if the ordinance is adopted as drafted. Chair/Mahlke closed the Public Hearing. VCNVolfe thanked Assembly Member Bonilla for her leadership in correcting what to him is clearly an overreach by the State Legislature by returning the control back to the local municipalities. Chair/Mahlke asked if there were any pending applications for massage parlors and CDD/Gubman responded 'no:" C/Mok asked if the five establishments that left the City did so on their own accord. CDD/Gubman responded that they went out of business either voluntarily or involuntarily due to actions of the Community Development Director. VCNVolfe moved, C/Mok seconded, to recommended adoption of a Resolution recommending City Council approval of Development Code Amendment No. PL2015-205. Motion carried by the following Roll Call vote: AYES:i COMMISSIONERS: Barlas, Farago, Mok, VCNVolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: — fiair/Mahlke-explained that -she -missed -the -last -meeting because -she was_out-of-_..- state to help her sister with an early delivery of her baby while her husband was out of the state and she was so distracted she failed to let staff know she would be absent. SEPTEMBER 13, 2016 PAGE 4 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that there are two items scheduled for the September 27, 2016, agenda — the exterior facelift modernization of the Holiday Inn located in the Gateway Corporate Center and a new single family residence in The Country. He will not be able to attend the September 27 meeting and SP/Lee will conduct the meeting in his stead. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 7:24 p.m. The foregoing minutes are hereby approved this 27th day of September, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director niferf 1' Ike, Chairperson ATTACHMENT 5 PLANNING COMMISSION RESOLUTION NO. 2016-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND EAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND EAR MUNICIPAL CODE - PLANNING CASE NO. PL 2015-206. A. RECITALS 1. There is substantial research that indicates that skillful practice of massage can provide many health benefits, including relief of pain from disease, injury and other sources, and that massage can be a valuable component of a wellness program. 2. In 2008, the California Legislature passed SB 731 which added a new Chapter 10.5 to the California Business and Professions Code which provided for the formation of a nonprofit Massage Therapy Organization to oversee a state -sanctioned program of voluntary certification for massage practitioners so that such persons could avoid being required to obtain local massage permits. 3. In compliance with SB 731, the City of Diamond Bar amended Chapter 22 of the Diamond Bar Municipal Code. 4. The changes that the City was required to make in compliance with SB 731 and the subsequent amendments thereto severely limited the manner in which the City could regulate massage establishment businesses. 5. Prior to SB 731, the City required conditional use permits for massage establishments and at the time of SB 731's effective date, the City had four massage establishments. 6. Since the passage of SB 731 the number of massage establishments in Diamond Bar has grown from four to fifteen, and currently ten massage establishments are in operation in the City. 7. The proliferation of massage establishments without adequate regulations has had many negative impacts in the City, including, but not limited to, the proliferation of illicit businesses and impacts on City services. 8. SB 731 had a sunset date of January 2, 2015. 9. In September 2014, the Legislature adopted AB 1147, amending the laws enacted by SB 731 and the various amendments thereto. 10. The purpose of AB 1147 was to restore much of the local control and land use authority to local governments which had been usurped by SB 731 and the various amendments thereto. 11. On January 6, 2015, the City Council adopted Interim Urgency Ordinance No. 02 (2015), prohibiting the establishment, expansion or relocation of massage establishments Citywide for a period of 45 days. The urgency ordinance was subsequently extended 10 months and 15 days on February 3, 2015, and again for one year on December 1, 2015. 12. The City is presently developing proposed amendments to Title 5 of the Diamond Bar Municipal Code in order to make changes in its regulation of massage establishment businesses and the practice of massage consistent with AB 1147 in order to protect the public. 13. In conjunction with the proposed amendments to Title 5 pertaining to the regulation of massage establishments, the City desires to amend Title 22 of the Diamond Bar Municipal Code in order to revise the City's regulations pertaining to the permissible locations and permit requirements for massage establishments. 14. There are no tattoo parlors currently located in the City; however, it is recognized that the establishment of tattoo parlors in the City has the potential to result in secondary negative impacts, such as an increase in crime and the sale of illegal drugs immediately surrounding tattoo parlors and the impairment of the market values and aesthetic and visual qualities of the properties adjacent to tattoo parlors. Accordingly, the City also desires to amend Title 22 of the Diamond Bar Municipal Code to provide that tattoo parlors shall be a permitted use in the C-3 zoning district. The C-3 zoning district will afford sufficient opportunities should a tattoo parlor seek to locate in the City in the future and is an appropriate zoning district for tattoo parlors to be established in because properties within this zoning designation are located on major intersections within the City and are near other service-oriented uses. 15. Pursuant to Government Code Section 65090 and 65353, a notice of at least 1/8 page display was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on September 2, 2016, a copy of the public notice was posted at the City's three designated community posting sites, and notified the existing establishments by mail. 16. The City has determined that the proposed Development Code Amendment is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment 2 PC Resolution No. 2016-23 (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). The proposed Development Code Amendment merely limits the zoning districts in the City in which massage establishments and tattoo parlors may be located and establishes permitting requirements for these uses, but does not expand the areas in the City in which such uses may be established. The changes provide the City with, the authority to better regulate these businesses and the regulatory changes will not create any environmental impact. Therefore no further environmental review is required. 17. On September 13, 2016, the Planning Commission held a duly noticed public hearing regarding the proposed Development Code Amendment reflected in the draft ordinance attached hereto as Exhibit "A" and incorporated by reference into this Resolution, and duly considered all public testimony, evidence, and staff analysis. 18. The proposed Development Code Amendment is consistent with multiple objectives and policies in the City of Diamond Bar General Plan. 19. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. PL 2015-205 by adopting the amendments to Title 22 of the Diamond Bar Municipal Code described in the draft ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission Secretary shall (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. 3 PC Resolution No. 2016-23 (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2016 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: AcW V --1--- e nifer al I <e, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of September, 2016, by the following vote: AYES: Commissioners: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary rd fiRWI= DCA PL2015-205 Exhibit "A" ORDINANCE NO. XX (2016) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE 22 OF THE MUNICIPAL CODE -PERTAINING TO THE PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND TATTOO PARLORS. WHEREAS, on September 13, 2016, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015- 205, and adopted Resolution No. 2016 -XX recommending City Council approval of said Development Code Amendments; and WHEREAS, on 2016, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendments; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines); and WHEREAS, the City Council hereby adopts the facts and reasons stated in Planning Commission Resolution No. 2016 -XX, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in the office professional (OP), office business park (OB), and commercial office (CO) zoning districts and to clarify that all other types of "personal services" land uses are permitted uses in such zoning districts (deletions in &t,;kethrE text; additions in bold/underline text): 11889933 TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE OP OB(3) CO SERVICE USES Personal services excluding P P P massage establishments and tattoo parlors PeFS9RRSeFV;Ges A­&upF&ssuF massage c.e therapy, tattoo .actors C U P (6) CUP(} s1-10 (n\ Notes: SECTION 2. -Table 2-6 of Section 22.10.030 (Commercial/industrial district [and uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted "personal services" land uses -in-floe-in the neighborhood commercial (C-1), community commercial (C-2), and regional commercial (C-3) zoning districts; that "massage establishments" are a conditionally permitted "personal services" land use in the community commercial (C-2) and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a permitted "personal services" land use in the regional commercial (C-3) zoning district (deletions in &t4k 4 text-, additions in boldlunderline text): TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE C-1 C-2 C-3 I See Standards in Section: SERVICE USES Personal services 5.08.070, - AGUPFeSSUFe, 22.42.077 I i,aC -#emY tattoo CSP (6) CUP {6> CUP {&} Massaqe establishments Personal services - P Tattoo parlors 1188993.2 Notes: SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as follows (deletions in &trikethroough text; additions in boldlunderline text): SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows (deletions in st,„ethP9Ugh text; additions in boldlunderline text: (6) Location/separation requirements. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, or adult theater-.4n—amp le.= within 500 feet of any other similar adult business, religious institution, school, public park or any property designated for residential use or used for residential purposes. SECTION 5. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add a new definition for "massage establishment" and to revise the definition of "personal services" (deletions in ^'h text; additions in boldlunderline text): (m) Definitions, "M." The following definitions are in alphabetical order: Massage establishment A business engaging in massage services pursuant to the provisions set forth in section 5.08.070. (p) Definitions, "P." The following definitions are in alphabetical order: 118B993.2 Personal services. Establishments providing nonmedical services to individuals as a primary use, including: AeUpr ensu -F& Clothing rental Dry cleaning pick-up stores Hair cutting/styling Home electronics repair Laundromats (self-service laundries) Massage th8Fafly Nail salons Shoe repair shops Tailors Tanning salons Tattoo parlors - These uses may also include accessory retail sales of products related to the services provided. SECTION 6. Any land use constituting a "massage establishment" as defined in Section 5 of this Ordinance that was legally established and operating with a valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar Municipal Code, and all other required City permits or approvals prior to the effective date of this Ordinance, and that is made nonconforming by this Ordinance because no approved Conditional Use Permit for the use exists and/or the use is not located in a zoning district in which such a use is permitted pursuant to the provisions adopted or amended by this Ordinance, shall be considered a nonconforming use subject to the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22 of the Diamond Bar Municipal Code; provided, however, that all such nonconforming uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code, as amended. SECTION 7. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 1188993.2 SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02 (2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use permits or business licenses for establishment, expansion, or relocation of massage establishments Citywide, shall be deemed repealed and of no further force and effect. APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Nancy A. Lyons, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of October 2016, by the following vote: AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 1188993.2 I Located in the OP zone D 0 2 K M Z rn List of Business Name Massage Establishments Address in Operation Date Approved as of September CUP CAMTC (owners) 13, 2016 CAMTC (techs) Backgroundimm Check Non- conforming 1 6 Star Villa Footspa 20915 Golden Springs Dr 6/2/2014 No Yes Yes No Yes 2 AA & FC Health Center (Acupuncture & Massage) 1125 Grand Ave 11/24/2008 No Yes Yes No Yes 3 Health Club House 20627 Golden Springs Dr #1-0 12/8/2009 CUP #09-50 Yes Yes No No 4 Sakura Foot Spa 21343 Cold Spring Ln 3/9/2010 CUP #09-94 No Yes Yes No 5 YST Massage -Dynasty Health Inc. 21034 Golden Springs #D8 11/15/2012 No Yes Yes No Yes 6 Massage Envy 1195 S. Diamond Bar 11/21/2011 No No Yes No Yes 7 A Plus Angel Massage & Good Life Accucare 2707 S. Diamond Bar #101 9/4/2012 No Yes Yes No Yes 8 Diamond Foot Spa 1118 S. Diamond Bar 4/30/2010 No Yes Yes No Yes 9 Jiulin Inc. (Wonderful Massage) 1155 S. Diamond Bar #O 5/12/2014 No Yes Yes No Yes 10 Rainbow Massage 23445 Golden Springs Dr 11/26/2014 No Yes Yes No Yes I Located in the OP zone D 0 2 K M Z rn City of Diamond Bar Massage Establishment Locations Attachmem In Operation as of September 13, 2016 DIAMBARND a List of Massage Establishments Business Name Address • 6 Star Ulla Footspa 20915 Golden Springs Dr • AA & FC Health Center 1125 Grand Ave • Health Club House 20627 Golden Springs Dr #1-0 • Sakuna Foot Spa 21343 Cold Spring Ln 6YST Massage -Dynasty Health Inc. 21034 Golden Springs #D8 • Massage Envy 1195 S Diamond Bar •A Plus Angel Massage & Good Life Accucare 2707 S Diamond Bar#101 ` • Diamond Foot Spa 1118S Diamond Bar • Jiulin Inc. (Wonderful Massage) 1155 S Diamond Bar #0 • Rainbow Massage 23445 Golden Springs Dr DIAMBARND a City of Diamond Bar TP ', Seton Hill Dr 0.d 6FOn F•.: .,i `q'c_ qy /j '�� = W c, � _-.Rd'Y '�1.� NA g 2 — 3 - MrSa Amm�'Cr� •n �,'� ES S js= c S�Fp '• �} P .. {p Vrst. Rd F /afoul Korc Pa,G <,y `� �� fie•' w L p BGPIP` City of Diamond Bar " O COrtO .'JW R] M1 M ' �CFa eD O :t•,n4 Oele Cr - E - G M< eyry PpA q\. - ,y +`Walnut -�1z PVe,ite Rd 2( Dente 0.d VOW RdF i i �P ` y > n ° jt C -i,w. pt6 ', - F•.: .,i `q'c_ qy /j '�� = W /'i � _-.Rd'Y '�1.� NA g _ D o'o +p js= o SQO D <,y `� �� fie•' w L p BGPIP` Va P •L)TIADfJ1 © � �� ` nl PP - Polm n �• ([=I � , �O' COya�D, � jos TNis O �� " O COrtO .'JW R] M1 M ' �CFa eD O :t•,n4 Oele Cr - E - G M< eyry PpA q\. - ,y +`Walnut -�1z PVe,ite Rd 2( Dente 0.d VOW RdF i i �P ` y > n ° jt C -i,w. pt6 D—iam6nd Bar W, I . rYti M1� } �p,LrM1 u. tP sEy' .Q ,'o rr[wsuJ Y'�/y, T�i{�4sbneD _ wOq �t ar' 1 I i\. 'rte •.- � .. ' Path4ayer Rd a [ \V3 °� �i Lav , eD '°= � � : �.• � .. ,9alFF.`p P'7<i F e rantl. L w sourH OIAAIOND 61N .ik uhs� '�'r' �• en �'�• Df°mond a [ovrse o'o +p js= o SQO D Va P Y.. P..r4 wy 'd•E 1 F_ ~�„f., D—iam6nd Bar W, I . rYti M1� } �p,LrM1 u. tP sEy' .Q ,'o rr[wsuJ Y'�/y, T�i{�4sbneD _ wOq �t ar' 1 I i\. 'rte •.- � .. ' Path4ayer Rd a [ \V3 °� �i Lav , eD '°= � � : �.• � .. ,9alFF.`p P'7<i F e rantl. L w sourH OIAAIOND 61N .ik uhs� '�'r' �• en - Diamond Bar City Council ■ �� ==�:.� -sir S4 - m7mm AGENDA ITEM 7.1 J October 18, 2016 �� -*=ia t: -,r'- PROPOSED AMENDMENTS AMEND TITLE 22 ("DEVELOPMENT CODE") OF THE DBMC (Planning Commission recommended adoption on 9/13/16) • CONDITIONAL USE PERMIT REQUIRED FOR NEW MASSAGE ESTABLISHMENTS • TATTOO PARLOR LAND USE REGULATION • REMOVES MASSAGE ESTABLISHMENTS FROM ADULT BUSINESS REGULATIONS AMEND TITLE 5 (BUSINESS LICENSING) OF THE DBMC - REVISES PROCEDURES FOR SUSPENDING AND REVOKING BUSINESS LICENSES - ESTABLISH NEW BUSINESS LICENSING REGULATIONS PERTAINING TO MASSAGE ESTABLISHMENTS, TECHNICIANS AND OPERATORS APPLIES CITYWIDE REGULATORY HISTORY PRE -JANUARY 1, 2009 — DIAMOND BAR REQUIRED APPROVAL OF A CUP — BACKGROUND CHECKS FOR OWNERS AND TECHNICIANS — STRICT ATTIRE, SANITARY AND BUSINESS HOUR REQUIREMENTS SB 731 & AB 619 (JANUARY 1, 2009) a — CITIES LOSE LOCAL LAND USE AUTHORITY FOR MASSAGE ESTABLISHMENTS — ONLY CAMTC CERTIFICATION REQUIRED — CITIES SAW AN INCREASE IN NUMBER OF MASSAGE ESTABLISHMENTS a AS A WHOLE — INCREASE IN ILLICIT MASSAGE ESTABLISHMENTS THE NUMBER OF MASSAGE ESTABLISHMENTS IN DB INCREASED FROM 4 TO 15 EL .. - REGULATORY HISTORY AB 1147 (JANUARY 1, 2015) — REPLACED SB 731 & AB 619 1 — RESTORED LOCAL LAND USE AUTHORITY FOR MASSAGE ESTABLISHMENTS — NEW COMPOSITION OF CAMTC BOARD (League of CA Cities, CA State Association of Counties, CA Police Chiefs Association) INTERIM URGENCY ORDINANCE (JANUARY 6, 2015) - PLACED A TEMPORARY BAN ON ESTABLISHMENT, EXPANSION OR RELOCATION OF MASSAGE ESTABLISHMENTS CITYWIDE - TO RESEARCH AND DEVELOP MASSAGE ORDINANCE THAT COMPLIES WITH AB 1147 - MORATORIUM SET TO EXPIRE ON JANUARY 4, 2017 BUSINESS VS. LAND USE REGULATIONS THE MASSAGE ORDINANCE REQUIRES AMENDMENTS TO BOTH TITLE 5 (BUSINESS LICENSING) AND TITLE 22 (DEVELOPMENT CODE). • TITLE 5 REGULATES THE INDIVIDUALS OPERATING LAND USES THAT REQUIRE A BUSINESS LICENSE • THE DEVELOPMENT CODE (TITLE 22) REGULATES LAND USES ONLY (TIME, PLACE AND MANNER) f m � m�. w mmm� s� S or TITLE 22 AMENDMENTS TITLE 22 AMENDMENTS !-1 Table 2-6—Commercial/Industrial Zoning Districts 6 -- - - __- - _ -_- �f- TITLE 5 AMENDMENTS SECTION 5.00.080 - TEMPORARY LICENSE SECTION 5.04.010 - INVESTIGATION OF SPECIFIC BUSINESSES SECTION 5.04.020 & 050 - BACKGROUND CHECK SECTIONS 5.04.060, 080, 100, 130 - APPEALS SECTION 5.04.070 - REQUESTS BY LICENSEES TO AMEND BUSINESS LICENSES SECTION 5.04.110 - MODIFICATION, SUSPENSION OR REVOCATION SECTION 5.04.140 -GROUNDS FOR REVOCATION OF BUSINESS LICENSE SECTION 5.08.010 - ACUPRESSURE TITLE 5 AMENDMENTS SECTION 5.08.070 - MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS (CONTINUED) OPERATIONAL REQUIREMENTS INCLUDING: -BUILDING, FACILITY, MAINTENANCE REQUIREMENTS -PERSONNEL LISTS -HOURS OF OPERATION AND POSTING REQUIREMENTS -PROHIBITED CONDUCT SECTION lwl -INSPECTIONS RECOMMENDED REVISION TO TITLE 5 ORDINANCE wi ORDINANCE SECTION 13(g)(4) c & d: GROUNDS FOR DENIAL EXTEND BACKGROUND INVESTIGATION HISTORY FROM 5 YEARS TO 10 YEARS Recommendation STAFF RECOMMENDS THAT THE CITY COUNCIL APPROVE FOR FIRST READING -AS AMENDED - BY TITLE ONLY, WAIVE FULL READING, AND SCHEDULE SECOND READING FOR NOVEMBER +'1,20i6. j F 1� Questions? Mal 0111�10& i aM--,Nmm Now M :..pmt-, . r` - w M\_1 MAP OF C=2 AND C=3 ZONING DISTRICTS MAH =r- DIA MOND AR *Located in the OP zone EXISTING MASSAGE ESTABLISHMENTS Business Name Address Date Approved CUP CAMTC (owners) CAMTC (techs) Background Check Non - conforming 1 6 Star Villa Footspa 20915 Golden Springs Dr 6/2/2014 No Yes Yes No Yes 2 AA & FC Health Center (Acupuncture & Massage) 1125 Grand Ave 11/24/2008 No Yes Yes No Yes 3 Health Club House 20627 Golden Springs Dr #1-0 12/8/2009 CUP #09-50 Yes Yes No No 4 Sakura Foot Spa 21343 Cold Spring Ln 3/9/2010 CUP #09-94 No Yes Yes No 5 YST Massage -Dynasty Health Inc. 21034 Golden Springs #D8 11/15/2012 No Yes Yes No Yes 6 Massage Envy 1195 S. Diamond Bar 11/21/2011 No No Yes No Yes 7 A Plus Angel Massage & Good Life Accucare 2707 S. Diamond Bar #101* 9/4/2012 No Yes Yes No Yes 8 Diamond Foot Spa 1118 S. Diamond Bar 4/30/2010 No Yes Yes No Yes 9 Jiulin Inc. (Wonderful Massage) 1155 S. Diamond Bar #O 511212014 No Yes Yes No Yes 10 Rainbow Massage 23445 Golden Springs Dr 11/26/2014 No Yes Yes No Yes *Located in the OP zone Operator Owner Corporation (multiple owners) Operator (Owner, Manager) R *, Operator (Man ager) R. Operator (Manage Sole Proprietor (Operator & Technician) • • Technicians Employees Technicians Employees • • Technicians Employees Employees CITY COUNCIL Agenda # 8. 1 (b) Meeting Date: October 18, 201 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang q TITLE: AN ORDINANCE OF THE CIT COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE TO PROHIBIT THE OPERATION AND ESTABLISHMENT OF MARIJUANA DISPENSARIES AND REGULATING THE USE OF MARIJUANA. RECOMMENDATION: Approve for First Reading by title only, waive full reading, and schedule Second Reading for November 1, 2016. BACKGROUND: The Diamond Bar Municipal Code ("DBMC" or "Code") currently prohibits medical marijuana dispensaries Citywide. Specifically, the code bans "any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana to or for more than three persons or to or for any person who is not a qualified patient or primary caregiver." [DBMC §8.26.010 et seq.] On June 28, 2016, the California Secretary of State certified Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") for the November 8, 2016 ballot. If passed by a majority of California voters, the AUMA would make it lawful for individuals 21 years of age or older to possess, process, transport, purchase, obtain or give away, to persons 21 years of age or older, up to 28.5 grams of marijuana in the form of concentrated cannabis, or not more than eight grams of marijuana in the form of concentrated cannabis contained in marijuana products. The AUMA would also make it lawful for individuals 21 years of age or older to possess, plant, cultivate, harvest, dry or process up to six living marijuana plants and possess the marijuana produced by the plants. Further, the AUMA would make it lawful for individuals 21 years of age and older to smoke or ingest marijuana or marijuana products. As drafted, the AUMA allows local governments to ban recreational marijuana businesses entirely, and allows cities to reasonably regulate cultivation, and to ban outdoor cultivation. DISCUSSION: If passed by the voters, portions of the AUMA could take effect as soon as the day after the election, specifically recreational use by adults, and cultivation in private residences. Because DBMC Chapter 8.26 expressly bans only medical marijuana businesses, the City Council is being presented with an ordinance that would expand the current prohibition so that it applies to all marijuana businesses. The proposed ordinance also prohibits outdoor cultivation, even for personal use, as provided for under the AUMA. It is recommended that the Council approve the ordinance for first reading. Because permanent ordinances cannot become effective until 30 days after a second reading, a parallel, 45 -day urgency ordinance has been placed on this agenda which would go into effect immediately to ensure the protection of public health, safety and welfare during the required curing period for the regular ordinance. Prepared by: Greg Gubman, Community Development Director Attachment: Ordinance (XY)2016 Ordinance Prohibiting Marijuana Businesses Page 2 ORDINANCE NO. XY(2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE TO PROHIBIT THE OPERATION AND ESTABLISHMENT OF MARIJUANA DISPENSARIES AND REGULATING THE USE OF MARIJUANA. WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("Act"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law; and WHEREAS, in January 2004, SB 420 was enacted by the state legislature to clarify the scope of the Act and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the Act; and WHEREAS, in 2008, the California Attorney General published guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use which, among other things, suggested standards for the lawful operation of medical marijuana cooperatives and collectives; and WHEREAS, neither the Act, nor subsequent legislative or Attorney General Guidelines, permit medical marijuana dispensaries to operate in the retail establishment manner customarily seen in California cities; and WHEREAS, in the United States Supreme Court decision of Gonzales v. Raich, 125 S. Ct. 2195, the Court held that there is no medical necessity exception under federal law to the prohibition against the manufacture, distribution and possession of marijuana and that notwithstanding the fact that it does not violate California law in some instances to manufacture, distribute and possess marijuana for specified medicinal purposes, it still violates federal law and federal law prevails over state law in the regulation of Schedule I narcotics; and WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness Center (2013) 56 CalAth 729, the California Supreme Court held that State law did not preempt a city's land use regulatory authority and in particular, the authority to prohibit marijuana dispensaries; and WHEREAS, in Pack v. City of Long Beach (2011) 199 Cal. App. 4th 1070, which has been granted Supreme Court review, a California appellate court held that to the extent that city regulations provide for the issuance of any permit for marijuana dispensaries they are preempted by federal law; and 1196503.1 WHEREAS, cities that have marijuana dispensaries have witnessed a number of significant adverse secondary effects from their operation as chronicled in detail by a report prepared by the California Police Chiefs Association, dated April 22, 2009. In these reports increases in crime, such as burglary, drug dealing, armed robbery, and murder, connected to marijuana dispensaries occurred as well as quality of life impacts such as adverse traffic and noise; and WHEREAS, based on this experience it is reasonable to conclude if permitted marijuana dispensaries could have similar negative effects on the public health, safety and welfare to the residents and businesses in the City; and WHEREAS, Chapter 8.26 of the Diamond Bar Municipal Code prohibits, among other things, the establishment of a medical marijuana dispensary anywhere in the City; and WHEREAS, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") is on the November 8, 2015, ballot and would decriminalize, under State law, specified recreational cultivation and use of marijuana; and WHEREAS, under the AUMA the City is permitted to prohibit and regulate specified aspects of recreational cultivation and use of marijuana; and WHEREAS, notwithstanding California's efforts to decriminalize the provision of marijuana for specified medicinal purposes, the Federal Controlled Substances Act classifies marijuana as a Schedule I narcotic and Congress has concluded that marijuana does not have any acceptable medical uses and under federal law the manufacture, distribution, or possession of marijuana is a criminal offense (21 United States Code sections 812, 841 and 844); and WHEREAS, based on this experience it is reasonable to conclude if permitted marijuana dispensaries could have similar negative effects on the public health, safety and welfare to the residents and businesses in the City. NOW THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION 1: Chapter 8.26 shall be amended as follows: The title to Chapter 8.26 shall be amend to read: "CHAPTER 8.26. — MARIJUANA BUSINESSES" New sections 8.26.050 — 8.26.070 shall be added to read as follows: 2 1196503,1 Sec. 8.26.050 Marijuana Businesses — Prohibited A. A marijuana dispensary shall be a prohibited use in any zoning district of the City, even if located within an otherwise permitted use, and neither the City Council nor City Staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary. B. No person shall plant, cultivate, harvest, dry or otherwise process, in any manner, marijuana or marijuana products outdoors. Sec. 8.26.060 Definitions. For purposes of Section 8.26.050, the following definitions shall apply: (a) "Marijuana dispensary" means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, transports, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana, marijuana products or marijuana accessories. (b) "Marijuana", "marijuana products" and "marijuana accessories", respectively, shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code §§ 11018, 11018.1 and 11018.2. (c) "Smoke" shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code § 11362.3(c) Sec. 8.26.070. Additional Prohibitions No person shall possess, ingest or smoke marijuana in any building or any property owned, leased or occupied by the City. SECTION 11: The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to 1196503.1 projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations. SECTION III: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION IV: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. ADOPTED this _ day of _, 2016. Nancy M. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk 4 1196503.1 David DeBerry, City Attorney 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the —day of _, 2016, and was duly passed and adopted the same day, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Tommye Cribbins, City Clerk E 1196503.1 ITEM 8.1 a & b MODIFICATIONS 1. CHANGE RECITAL AS FOLLOWS: "WHEREAS, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") is on the November 8, 2015 2016, ballot and would decriminalize, under State law, specified recreational cultivation and use of marijuana; and" 2. CHANGE THE WORD "RECREATIONAL" TO "NONMEDICAL" TO: - FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: CITY CLERK DATE: PHONE: L- (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signattlr This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK / FROM: 24 //1 DATE: ! )AVIV/ ADDRESS: PHONE: (Optional) (Optil)k) ORGANIZATION: r'r�'fl-n/ ,�5� ©U "- �� �a �4��� n/s AGENDA#/SUBJECT: �� �^ C�>U r9 Pr psj SM — I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. DMIDA'D_BAR F TO: CITY CLERK FROM: d`T�p L j DATE: D 111 4 ADDRESS: `7�(t? 1'N �'I. `� PHONE: ] 2l f (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: 170 1 expect to address the Council on the subject agenda/subject item. Please hCo cil Minutes reflect my name and address as written above. // nature This document is a public record subject to disclosurr the Public Records Act.