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HomeMy WebLinkAbout10/18/16 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 18, 2016 CLOSED SESSION: 5:30 p.m., Room CC -8 ► Government Code Section 54957 City Manager Performance Evaluation Public Comments: None offered. CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:33 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: Monsignor James Loughnane, St. Denis Church, provided the Invocation. ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem Lin and Mayor Lyons. 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, Assistant to the City Manager; Grace Lee, Senior Planner; Mayuko (May) Nakjima, Associate Planner; Amy Haug, Human Resources/Risk Manager; Cecelia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. M/Lyons reported that during tonight's Closed Session the City Council discussed the City Manager's Evaluation and that no reportable action was taken. APPROVAL OF AGENDA: None. 1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported on Restaurant Week and stated that he is fortunate to have an outstanding team of employees that he works with on a daily basis. In particular, MA/Lopez did an outstanding job shepherding the Restaurant Week from concept to realty. In addition, CSC/Tarazon was responsible for overseeing Barktoberfest which was attended by at least 1000 people this past Saturday. In addition to these two events there was a Neighborhood Public Safety meeting held last night by safety providers and city staff and GPAC concluded its first meeting on October 12. OCTOBER 18, 2016 PAGE 2 CITY COUNCIL 3. PUBLIC COMMENTS: Pui Ching Ho, Diamond Bar Library spoke about upcoming library events including an autumn themed drawing and painting workshop series for children ages 8-13 sponsored by Supervisor Don Knabe on Mondays during October and November from 6:00 p.m. to 7:30 p.m. On Monday, October 24 at 6:00 p.m. the League of Women Voters of Claremont will present pros and cons for propositions on the November ballot. This event is co -hosted by the League of Women Voters and the American Association of University Women. For those who enjoy mystery novels they can join the LA Chapter of Sisters in Crime, co- sponsored by the Diamond Bar Friends of the Library and the American Association of University Women, for a panel discussion on Mysteries in Historical Settings on Wednesday, October 26 at 6:30 p.m. A special Halloween Magic Show sponsored by the Diamond Bar Friends of the Library will take place on Saturday, October 29 at 3:00 p.m. The Diamond Bar Library is offering a new service to the community; accepting passport applications. Days and times when this service is available varies depending on availability of staff. Please call the Diamond Bar Library for more information and to schedule an appointment at 909-861-4978. Applications are available at the library and can be downloaded from the www. travel. state. go website. Please check the library website at http://colapublib.org/libs/diamondbar/index.php for additional events. M/Lyons asked that a small article be placed in the next DB Connection to let residents know about the passport service. Amer Holmes, American Association of University Women announced that the AAUW is co -sponsoring along with the Library and the League of Women Voters, a non-partisan symposium to learn about the pros and cons of the propositions that are on the November ballot that will be held on Monday, October 24th at 6:00 p.m. in the Windmill Community Room. Dennis Liu asked if the City Council would consider two declarations about their neighbor's barking dogs. He found it strange that his neighbor had not received word of any verdict from the Humane Society and wondered why the Humane Society would not consider the two declarations together as he continues to look to the City of Diamond Bar to solve this problem. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano stated that as a matter of reporting, Mr. Liu has an appeal pending before CM/DeStefano wherein he is appealing the Inland Valley Humane Society's decision from several weeks ago and it would not be appropriate for any of the Council Members to weigh in on this issue and likewise, he cannot weigh in on any of those issues outside of his hearing process. This matter will draw to a conclusion sometime next month. OCTOBER 18, 2016 PAGE 3 CITY COUNCIL 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. (An official and secure ballot drop box is provided inside of City Hall) 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 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: MPT/Lin moved, C/Tye seconded, to approve the Consent Calendar as presented with MPT/Lin abstaining from Item 6.2(a) and 6.2(b) and pulling Items 6.4 and 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES: 6.2 (a) Study Session of October 4, 2016 — Approved as submitted. 6.2(b) Regular Meeting of October 4, 2016 —Approved as submitted. 6.3 RATIFIED CHECK REGISTER — Dated September 29, 2016 through October 12, 2016 totaling $1,074,443.65. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.4 APPROVED AMENDMENT OF FACILITY LEASE AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) FOR USE OF MEETING ROOM FACILITIES. MPT/Lin asked if Study Sessions are counted as separate meetings or are they included with the Regular City Council Meeting as one meeting. OCTOBER 18, 2016 PAGE 4 CITY COUNCIL CM/DeStefano explained that the City's agreement with the AQMD has always combined the use of CC -8 with an event being held in the auditorium. While the Council had a Closed Session tonight in Room CC - 8 and an open session (Regular City Council Meeting) in the auditorium, the contract would consider these events to be one meeting. 6.5 APPROVED 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. MPT/Lin asked if the $75,000 included the total of the original contract plus the addendum to the contract. PWD/Liu responded that the current contract amount with Project Partners is $39,900, an amount that is under the City Manager's authority. Tonight's contract amendment asks for an additional $31,000 which, if approved, brings the total contract amount not -to -exceed $75,000. MPT/Lin suggested the item should be clarified to include "initial budget" which to him is an original contract. MPT/Lin moved, C/Herrera seconded, to approve Items 6.4 and 6.5 with a minor clarification for Item 6.5. Motion carried by the following Roll Call vote: AYES NOES: ABSENT: 7. PUBLIC HEARING: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin M/Lyons None None 7.1 (a) ORDINANCE NO. 06 (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, 5.080.010;)5.08.070 OF TITLE 5 (BUSINESS LICENSING) PERTAINING TO BUSINESS LICENSING, MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS. 7.2 (b) ORDINANCE NO. 07 (2016): AMENDING SECTIONS 22.10.030, 22.30.040, 22.42.020 AND 22.60.020 OF TITLE 22 (DEVELOPMENT CODE) PERTAINING TO THE PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND TATTOO PARLORS. OCTOBER 18, 2016 PAGE 5 CITY COUNCIL CDD/Gubman stated that with the 2015 enactment of AB 1147 the City is able to regain some of the local land use controls affecting massage establishments that have been denied to local agencies since 2009. In doing so, the City has the opportunity to not only amend regulations as they pertain to massage establishments, but can now untangle some of the regulations that tie massage establishments to "adult" businesses and to "tattoo" parlors. The proposed amendments apply to a few different sections of the code in addition to massage establishments for the sake of complying fully with the new provisions of AB1147. There are two separate and distinct sections of the Municipal Code that need to be amended. Title 22 is the City's Development Code (Zoning Ordinance) which provides regulatory provisions for the use of land. Title 5 (Business Regulations) regulates the individuals who operate the land uses within the City that are subject to business licenses. Prior to 2009, Diamond Bar required Conditional Use Permits prior to the establishment of massage establishments and prior to the issuance of business licenses, the City required background checks for all owners/operators of massage businesses and required background investigations of the massage technicians. There were a number of regulations that were imposed and codified and set forth in the City's Municipal Code for both Title 22 and Title 5. In January 2009 two state statutes were passed — SB 731 and AB 619, both of which took away the City's ability to regulate massage establishments as a "unique" entity. These regulations compelled the City to treat massage establishments as it would treat any other professional use, whether it was a real estate office, an attorney's office, financial planner, etc. To balance that, SB 731 established a non-profit organization "California Massage Therapy Council" (CAMTC), the purpose of which was to be a statewide certification body for the massage industry. Upscale massage franchises such as Massage Envy, Brooke Williams and others, were working to change the perception of what professional massage is and the Council championed the effort to professionalize the industry and have it be treated more fairly. The unintended consequences of the CAMTC were that the composition of the board was not carefully crafted and was primarily composed of those operating within the massage industry who did not impose the standards, criteria and public interest that needed to be part of the certification process. As a result, it was relatively easy to become CAMTC certified without the land use restrictions that previously existed and cities saw an increase in the number of massage establishments and a number of the elicit establishments were able to get through the process and practice as a "legitimate" player in the industry. Diamond Bar. OCTOBER 18, 2016 PAGE 6 CITY COUNCIL The City was forced to work with law enforcement to revoke those business licenses and to close those businesses. If the City had its land use controls in place it would have likely been able to thwart the establishment of those businesses. Because of pushback from communities and the League of California Cities, those unintended consequences and inadequate composition of the CAMTC Board, new legislation was passed that went into effect in January 2015 which fundamentally restored local authority to regulate massage establishments and required that there be specific representation on the CAMTC Board which includes the League of California Cities, the California State Association of Counties and the California Police Chiefs' Association. Once AB 1147 went into effect, the City placed a temporary ban on the establishment, expansion and relocation of massage establishments to conduct the necessary research, and collaborate with colleagues in other cities to craft appropriate regulations that comply with AB 1147. The Urgency Ordinance that placed the moratorium is set to expire in January 2017. After developing new regulations, Title 22 Amendment was taken to the Planning Commission which unanimously recommended City Council approval. Thus, the Amendments to both'Title 22 (Zoning Ordinance) and Title 5 (Business License) are before the City Council this evening for approval. The distinction between Title 22 and Title 5 is that Title 5 regulates the individuals/practitioners that operate land uses within the City that require a Business License. The Amendments to the Development Code regulate the land uses only. So the City is not only looking at the operators conducting the businesses, but also determines where those land uses may take place in the City — time, place and manner restrictions, which includes the zoning districts in which uses may occur, independent of the players in the operation of the land use. Title 22 — This amendment proposes to separate massage from other personal service uses and to separate them from being lumped in with how Diamond Bar regulates tattoo parlors. Personal service in Office Zones are permitted in all of the Office Professional and OB (Commercial Office). The C-1 Zone consists of very limited neighborhood commercial areas which generally serve local commercial uses that have early closing hours. For massage establishments separate from other land uses, the amendment allows them in the C-2 and C-3 Zoning Districts subject to approval of a Conditional Use Permit. Because the nature of massage establishments is that they typically operate at later hours than office uses, they are being kept within the Commercial Districts that have compatible business hours. OCTOBER 18, 2016 PAGE 7 CITY COUNCIL Tattoo parlors were previously allowed to operate in virtually all commercial zones subject to a Conditional Use Permit. The problem the City faces today is that in 2010 the 9th Circuit held in a decision that undue regulation or banning of tattoo parlors is unconstitutional in that it is restricting free speech/free expression. So to avoid legal challenge, the City cannot prohibit tattoo parlors all together and cannot impose Conditional Use Permit requirements. What the City can do, however, is restrict them in terms of where they may locate which is somewhat similar to how the City is limited to regulating adult businesses. Through consultation with the City Attorney's office, staff determined that C-3, being the most intensive commercial district more generally located on busier roadways and arterials, that tattoo parlors be allowed only in that district. While it is a permitted use, it would allow the City to survive any legal challenges that it is being overly restrictive in time, place and manner and/or thwarting free expression. Title 5 - While opening up Title 5 to accommodate changes to the massage establishment regulations' it offers an opportunity to untangle these regulations as well as, clean up provisions of Title 5. Among the cleanup items this proposed ordinance tackles is to eliminate one provision "Temporary License" which staff finds to be inconsistent with Title 22. The "Temporary License" provision allows the granting of a business license for a use requiring a Conditional Use Permit which essentially means that the City would be giving business licenses to a use that is unpermitted. Given that conflict with land use regulations, staff is proposing to strike that provision from the City's Business License regulations. Another important provision staff would like to amend is the "revocation and appeals" provision of the Business License Ordinance. Currently, a business license may only be revoked through action of the City Council which is uncommon and somewhat heavy-handed in terms of the due process of revocation. Therefore, staff is recommending to remove the revocation authority to the Community Development Director and appeals to such an action would be forwarded to the City Manager for a final decision. Recommend licensing requirements for massage parlors that stay within the limitations as set forth under AB 1147, staff has added additional findings to the Business License section and imposing a requirement that any massage establishment employ only technicians that are CAMTC certified in order to conduct business within the City. Additional regulations call out that massage establishment operators need to keep and maintain personnel lists, limit their hours of operations so that 10:00 p.m. is closing time and, to post or display in menu format the prices for services provided by the establishment. Further, staff has included provisions for prohibited conduct which includes restrictions on the serving of alcohol (unless the massage establishments goes through an approval process for that specific purpose) and other restrictions on paraphernalia OCTOBER 18, 2016 PAGE 8 CITY COUNCIL and other merchandise that might be available at a massage establishment that would be an indicator of illicit activity. Also included is the requirement that inspections by appropriate public officials may be conducted to ensure that the business is operating in accordance with the underlying regulations. An operator or owner of a massage establishment is not required to be CAMTC certified; however, they are subject to a background check by the Sheriff's Department prior to receiving a business license. Managers that are not owner/operators, would also be subject to a background check. Because massage technicians must be CAMTC certified, and because AB 1147 says that cities cannot impose any other requirements on a massage technician that is CAMTC certified, they would not be subject to a background check. However, in order for them to become CAMTC certified they must undergo a certification process which is now much more rigorous and is subject to oversight by representatives of agencies that have cities best interests in mind as well as, protecting the interest of the massage industry. Any other employees of a massage establishment such as a receptionist, accountant or anyone not involved in the management, operation or providing massages would not be subject to any background check or CAMTC certification requirements. CDD/Gubman highlighted a recommended revision to the draft Ordinance before the City Council which is found in Section 13(g)(4) of the Ordinance amending Title 5, subsection c & d: Under the category of grounds for denial, staff wants to be able to use an applicant's history back to 10 years prior to the date of application for a business. license instead of 5 years to coincide with requirements across the board. Staff recommends that the City Council approve for First Reading as amended by Title only, and Waive Full Reading, and schedule Second Reading for November 1, 2016 for both Ordinances under subsection a) and subsection b). CM/DeStefano read the Ordinances: (a) Ordinance No. 06(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, 5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140, 5.080.010, 5.08.070 of Title 5 (Business Licensing) Pertaining to Business Licensing, Massage Establishments and Massage Technicians. (b) Ordinance No. 07(2016): Amending Sections 22.10.030, 22.30.040, 22.42.020 and 22.60.020 of Title 22 (Development Code) Pertaining To the Permissible Locations and Permit Requirements for Massage Establishments and Tattoo Parlors. OCTOBER 18, 2016 PAGE 9 CITY COUNCIL C/Low said that staff's report indicated there were a number of illicit establishments in Diamond Bar and that at one point there were 4 which grew to 15. How many massage establishments are there at this time and how many of the 15 were illicit establishments and what happened to them? CDD/Gubman responded that there are currently 10 establishments that are open. Staff found three establishments to be engaged in prostitution and after working with law enforcement and obtaining the evidence, staff proceeded to work with the property owners to close those businesses. C/Low asked if they were processed under penal code. CDD/Gubman responded "no." C/Low asked if their licenses were revoked. CDD/Gubman said that their licenses were revoked and there were sting operations associated with a couple of the businesses and due process steps were taken in that regard. C/Low asked if someone were to conduct a background check on the three business operators, what would show on the record to indicate that these people had previously operated an illicit establishment. CDD/Gubman said that staff learned that these operators were operating in other jurisdictions and had similar complaints associated with those operations as well. C/Low asked if there was a rap sheet or business history or public records that follow these operators that would come forward through a background check from this time forward. CDD/Gubman reiterated that staff works with the Sheriff's Department which has access to the information through databases and by sharing information with other jurisdictions where the applicant may have operated a business in the past. The investigation the City would undertake as proposed, would utilize all of the tools available. C/Low referred to Item 5.04.100 Item b which states that upon appeal, the decision of the City Manager shall be final and she wanted to know if that was final or final before Superior Court. CDD/Gubman said that it would be final prior to seeking other legal recourse. OCTOBER 18, 2016 PAGE 10 CITY COUNCIL C/Low asked if there were any rules for display of the technician's CAMTC Certificates. CDD/Gubman reiterated that the business operators are required to maintain all of the certifications and must be provided to the City as they are updated. Should the City or any other authorized government official inspect the premises, those records need to be readily available. C/Low asked whether an establishment that is in an area that is not within the proper zoning, able to transfer that business and remain at that location or once it is transferred they would be out of compliance. C/Low said she was asking if the owner could sell that business in that location as a business that could continue operating in that location. CDD/Gubman explained that the land use runs with the land so the use is still permissible there but the new operator would be subject to all of the background requirements prior to obtaining a business license. The land use is a legal non -conforming use. M/Lyons asked if the decision to not prosecute the three establishments and attendants that were engaged in prostitution and closed down was a City decision or was the decision made by law enforcement. CDD/Gubman responded that the City's primary interest was in abating those nuisances from the City. Since the operators voluntarily left the City staff did not pursue any other prosecution of a land use or business license violation because the evidence was initially collected through actions by Vice personnel with the Sheriffs Department and they may be subject to other penalties. Those arrests/citations would be in the database with CAMTC so it does damage their future opportunities for CAMTC certification. CA/DeBerry added that if it was for an offense such as prostitution, it is a state violation so the decision to prosecute or not prosecute would ultimately be made by the District Attorney's office. The City has no role in enforcing state law. C/Tye asked for clarification about how, if there was no prosecution and the business that was a nuisance in Diamond Bar left and went to Walnut or Brea or Rowland Heights or vice versa, and one of those cities did a background check, if there is no evidence of a prosecution how would anyone know that the business was a nuisance business. OCTOBER 18, 2016 PAGE 11 CITY COUNCIL CDD/Gubman said there would have been action taken by the Sheriff's Department in the instances he discussed which means there is a record that would appear in the CAMTC history. Further, CDD/Gubman receives alerts on a weekly basis from CAMTC that notice suspension and revocations. M/Lyons opened the Public Hearing. Lee Salas, owner, Massage Envy, has been in the City for almost five years. Unfortunately, she was supposed to meet with CDD/Gubman but was otherwise occupied which brought her to the Council this evening. Page 38, 5.08.070 (g) (4) (d) — 10 years preceding the filing of the application, says that if one has been an owner/operator/manager of an establishment where such conduct occurred such as someone engages in exposing themselves or there is inappropriate conduct or touch, they would be restricted from providing services and it states that the owner or manager would be denied a permit. Based on being a Massage Envy owner, they hire only CAMTC certified people, conduct their own background checks on all technicians, conduct annual training and if there is even a hint of something like this from one of their clients, they are dismissed. Her concern is, as an owner, she would never want this to happen in her establishment but if it did, as she reads the amendment, she could be denied her license after that.. When she goes through everything that can be done with the exception of being in the room with the person having a massage to make sure it does not occur, bottom line is that even though the person has passed CAMTC checks and the owner's background checks and receives annual training, could do something like this and it concerns her that after having done everything possible to assure something illicit does not occur, it could happen and she could be denied her license. 5.08.070 (i) (1) (g) says there should be no audio or visual internal communication devices. Massage Envy has security cameras inside the facility in the lobby, breakroom and office for theft. Is this permitted or does this section mean they cannot have security cameras in those areas. They are not and should not be in the treatment rooms but they should be allowed in public areas for security purposes. 5.08.070 (3) (c) talks about the personnel registry. CDD/Gubman is correct that every CAMTC person has a license and they also have a badge which they could be required to wear during service. With that said, coming from a banking background and looking at what is requirerd on this list (name, address, telephone number, age, date of birth, height, weight, color of eyes, date of employment and termination for the previous two years), which she believes is overboard because while there should be access if they are being inspected, but if she was an employee she OCTOBER 18, 2016 PAGE 12 CITY COUNCIL would want this very personal information under restricted access. If a registry is required perhaps what that is attempting to accomplish needs to be stated and if the purpose is to make certain that people performing massages are certified, they should have an identification badge with photo that provides that information. 5.08.070 (4) (d) hours of operation talks about putting in the name and photograph of the on -duty manager. Again, coming from a banking background where she had a gun held to her head she really does not want her picture displayed. She has her phone number in the lobby but having her picture there during the hours when the business is closed so she can have someone hold a gun to her head to come back in, she does not want that and she does not know what the picture accomplishes. Ms. Salas concluded by saying that she believes in what this amendment attempts to do and legitimizing the business and she asked that the Council look at these items to determine whether they are really necessary. With no further testimony be offered, M/Lyons closed the Public Hearing. CM/DeStefano asked for a short break to allow staff to meet and discuss the four items of concern for response. RECESS: M/Lyons recessed the City Council Meeting at 7:53 p.m. RECONVENE: M/Lyons reconvened the City Council Meeting at 8:03 p.m. CDD/Gubman responded. Page 38, 5.08.070 (g) (4) (d) — if the owner took immediate action to end that bad behavior there would not be a red flag associated with that incident. 5.08.070 (i) (1) (g) - "There shall be no audio or visual internal communication devices within the establishment such as buzzers, alarms, or intercom systems." The concern is that this would appear to prohibit surveillance cameras or other surveillance equipment. Staff's intent and language is not considering surveillance equipment to be "internal communication devices" as surveillance equipment is security equipment. The intent of the section is to prevent someone at the front desk notifying technicians of an inspection, for example — it is not to prohibit use of security equipment. 5.08.070 (i) (3) (c) — the requirement is to register all persons currently and within the prior two years who have provided massage services at that establishment. The information is not to be kept in a conspicuous OCTOBER 18, 2016 PAGE 13 CITY COUNCIL place, it is to be available for access by public officials upon inspection. The intent is to ensure that those people working at the premises are indeed the persons who are licensed to do so and the physical descriptions, addresses, age, DOB, etc. enable the inspector to make certain that the CAMTC Certified personnel are indeed those that are working at that facility. C/Tye asked if an inspector would find a copy of the CAMTC Certification and a copy of a driver's license sufficient to meet the intent of 5.080.070 (i) (3) (c). CA/DeBerry said that the driver's license would suffice as far as the information contained on the driver's license, but there is additional information that is required in the register such as, the telephone number. C/Low asked if the person had to wear a badge with this information CDD/Gubman reiterated that the City is not requiring a badge. 5.08.070 (i) (4) (d) — the concern about the personal risks of having the manager's photograph on display in the lobby. Staff understands that concern and the primary interest is that an inspector have the ability to verify that the manager on duty is indeed the person that was hired to be on duty. If that information was provided in accordance with the previous section for all of the employees so that it is available to public officials upon inspection, staff believes that would suffice. Accordingly, the language of this section could be revised as follows: Strike "posted in a conspicuous public place in the lobby" and in its place say "provided in accordance with Section 5.08.070 (i) (3) (c). The only other benefit to having the photo displayed in the lobby is that if a customer had a complaint and needed to speak to the manager, that information would be available. Of course, the customer could request to speak to the manager. C/Low asked if the "rule of reason would prevail" would it be something that would be disclosed in an application for a permit that they had experienced a problem with a particular employee and these are the steps that were taken to remedy the situation, and would that be something staff would consider upon review of the application and would therefore have a basis for having a reason to prevail. CDD/Gubman responded that if the applicant volunteered that information in their application for a business license and the information was supported through the background investigation, certainly, those factors would be taken into account. OCTOBER 18, 2016 PAGE 14 CITY COUNCIL She asked if CDD/Gubman would consider including this in his application process. CDD/Gubman responded yes and that it was a good suggestion. MPT/Lin asked how the City would check background information on immigrants who have been in the country and in business for only three years if the requirement is five years. CDD/Gubman said that the City may not be able to. MPT/Lin asked if the application would be denied in that instance. CA/DeBerry said no, the application would not be denied. If only three years of information is available, that is all that can be considered. Since there would not be an opportunity to go back an additional seven years (10 -year requirement under the amendment) if there is no finding of violations or other occurrence that would otherwise disqualify an applicant, they could not be denied an application on the possibility that something may have occurred seven years ago. CDD/Gubman said that a new employee who recently went through training and certification obviously would not have an extensive employment history. C/Herrera moved, C/Lin seconded, to Approve First Reading by Title Only, Waiving Full Reading of Ordinance No. 06(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, 5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140, 5.080.010, 5.08.070 of Title 5 (Business Licensing) Pertaining to Business Licensing, Massage Establishments and Massage Technicians.as amended by staff. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Herrera moved, MPT/Lin seconded, to Approve for First Reading by Title only, Waiving Full Reading of Ordinance No. 07(2016): Amending Sections 22.10.030, 22.30.040, 22.42.020 and 22.60.020 of Title 22 (Development Code) pertaining to the Permissible Locations and Permit Requirements for Massage Establishments and Tattoo Parlors. Motion carried by the following Roll Call vote: OCTOBER 18, 2016 PAGE 15 CITY COUNCIL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8. COUNCIL CONSIDERATION: Herrera, Low, Tye, MPT/Lin, M/Lyons None None 8.1 (a) ADOPT URGENCY ORDINANCE 08 (2016): PROHIBITING THE ESTABLISHMENT OF MARIJUANA DISPENSARIES AND REGULATING RECREATIONAL USE MARIJUANA. (b) FIRST READING OF ORDINANCE 09 (2016): AMENDING CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE TO PROHIBIT THE OPERATION AND ESTABLISHING THE USE OF MARIJUANA. CM/DeStefano recited Ordinance No. 08 and Ordinance No. 09 and turned the matter over to CDD/Gubman for staff's report. CDD/Gubman stated that with the likely passage on November 8 of Proposition 64, otherwise known as the "Adult Use of Marijuana Act" (AUMA), staff and the City Council conducted a Study Session on October 4 so that staff could seek direction on how the City Council wanted to proactively address this issue. Title VIII of the Municipal Code contains a prohibition on Medical Marijuana Dispensaries. Proposition 64 would legalize nonmedical marijuana businesses in the City and legalize the personal cultivation of nonmedical marijuana. City Council provided direction to proceed with the preparation of an ordinance prohibiting both medical and non-medical marijuana businesses and staff reopened the current regulations under Title VIII Chapter 8.26 and proposes some minor amendments so that the ordinance covers both classifications of marijuana businesses. 1. Change Recital as follows: WHEREAS, Proposition 64, the Control, Regulation and Tax Adult Use of Marijuana Act ("AUMA") is on the November 8, 2045 2016 ballot and would decriminalize, under State law, specified recreational cultivation and use of marijuana; and" 2. Change the word "Recreational" to "Nonmedical" This Ordinance would be consistent with Proposition 64 in that the language expressly states that local agencies still retain the authority to prohibit the sale and distribution of nonmedical marijuana. Cities cannot prohibit the personal indoor cultivation of up to four marijuana plants at a OCTOBER 18, 2016 PAGE 16 CITY COUNCIL private residence but what cities can do is prohibit the personal cultivation outdoors and thus, have included in the proposed Ordinance all of the restrictions to the extent they can be imposed under Proposition 64. So for the rights that would be granted under that new statute, staff would propose to limit them by stating that "the personal cultivation is limited to indoors." Staff recommends separate adoption of Urgency Ordinance to effect these regulations should Proposition 64 pass because although a seller's permit would not likely be issued to any business until late 2017 or early 2018, the personal cultivation would be legalized on November 9. C/Herrera moved, C/Low seconded, to Adopt Urgency Ordinance No. 08 (2016): Prohibiting the Establishment of Marijuana Dispensaries and Regulating Nonmedical Use Marijuana. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Herrera moved, C/Low seconded, to Approve First Reading by Title Only, Waiving Full Reading of Ordinance No. 09 (2016) Amending Chapter 8.26 of the Diamond Bar Municipal Code to Prohibit the Operation and Establishing the Use of Marijuana. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said that Restaurant Week was lots of fun and it was especially fun visiting the different restaurants and tasting the good food. It was also fun having the Ribbon -Cutting of Guacs, a new Mexican Grill restaurant in the H Mart Shopping Center. Congratulations and thanks to staff for having the City's first Barktoberfest. There were many little dogs running around in costumes and prizes were given for best costume. Considering all of the dogs that were present, everyone was very well behaved. It was a very nice event attended by many. OCTOBER 18, 2016 PAGE 17 CITY COUNCIL C/Low echoed C/Herrera's comments. Restaurant Week was lots of fun and the food 'was really, really delicious. Congratulations and thank you to staff for two great events - Restaurant Week and Barktobertest. Staff did a great job on installing the sign at the south end of Diamond Bar which looks fabulous and provides a nice entryway to the City. She wished everyone a Happy Halloween. C/Tye said that the success of Restaurant Week will be followed by Weight Watchers Week. He could use some help. In his capacity as Diamond Bar's representative to the Greater Los Angeles County Vector Control District, he found out last Thursday night that the Aedes aegypti (mosquito) has been found in Diamond Bar which is not good news, especially since it rained here recently and the temperature is expected to increase to the 90's or 100's over the next few days which leads to the possibility that breeding will take place. If anyone sees anything (standing water) including next door pools that are not being kept up, please call the Greater Los Angeles County Vector Control District to alert them. Levy Sun at 562-944-9656 ext. 511 is the Public Information Officer and he will make sure the proper authorities take action. He asked that staff post the information on the City's website. This is a real potential health issue that could get out of control in a hurry. MPT/Lin had nothing to report. M/Lyons congratulated Diamond Bar Eagle Scout Eric Whatley who was one of 50 Eagle Scouts chosen to carry a banner in the 2017 Tournament of Roses. Congratulations to CSC/Tarazon and staff for the fabulous Barktoberfest event. More than 1000 people participated and she imagined there were 1500 dogs that enjoyed the activities including a costume contest. There will be many, many photos and she hoped they would be available for viewing in the next week or so. The first Restaurant Week event was held this past week. She felt it was very well received by the community. The goal was to capture the variety and quality of different dining establishments throughout the City and to promote those participating restaurants by enticing new patrons and for patrons to take advantage of special deals and special menus. She thanked MA/Lopez for her leadership in this event. This was the first big promotion she took on and worked to make it a very successful event. M/Lyons thanked the restaurants that participated in this first cycle. Some were not aware of what Restaurant Week was but everyone stepped up to the plate which was good. M/Lyons shared that she met her personal commitment to eat at every restaurant. Early on when there were only a handful of restaurants, that commitment seemed very do -able and practical. As the event drew closer the number of participating restaurants doubled and tripled and went even beyond. She made up a spread sheet to make sure she attended each and every restaurant because 20 meals in 7 days is a lot. She enjoyed appetizers, drinks and desserts and learned that when it comes to promoting Diamond Bar Restaurants she can attest to enjoying the good taste of the local food. She can have two lunches and two dinners per day which she did and in addition, even ate pizza for breakfast. It was a lot of fun and a great experience and she looks forward to Restaurant Week 2017. For OCTOBER 18, 2016 PAGE 18 CITY COUNCIL anyone who is interested and did not get a chance to participate, the restaurants are still listed at www.dbrestaurantweek.com and this website will remain live with those menus through the next year. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 8:42 pm (1, Z= TO� RIBBINS CITY CLERK The foregoi g minutes are her y approved this 1st day of NnvPmbPr 2016. NANCY LYONS, YOR