HomeMy WebLinkAbout8/19/2008 Minutes - Regular Meeting1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 19, 2008
CLOSED SESSION: 5:45 p.m. — Room CC -8
Public Comments on Closed Session Agenda — None Offered.
101- Government Code Section 54956.9(c) - Initiation of Litigation
No Reportable Action.
CALL TO ORDER: Mayor Tanaka called the regular City Council
meeting to order at 6:34 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: M/Tanaka led the Pledge of Allegiance
INVOCATION: MPT/Everett gave the invocation.
ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro
Tem Everett and Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Asst. City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David
Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director; Nancy Fong, Community Development Director; Ryan
McLean, Assistant to the City Manager; Rick Yee, Senior Engineer; Kimberly
Molina, Associate Engineer; Marsha Roa, Public Information Manager; Vicki Cross,
Human Resources Manager; Anthony Santos, Management Analyst and Tommye
Cribbins, City Clerk.
APPROVAL OF AGENDA: M/Tanaka approved the Agenda as presented
with the exception of the Public Financing Authority that was being continued to the
September 16, 2008 agenda.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Deputy Chief Johnson introduced Deputy Chief Mike Bryant, L.A.
County Fire Department East Region.
1.2 C/Chang proclaimed September 2008 as "LA County Fair Month" and
presented the proclamation to Scott Kelly, Director of Community and
Government Relations.
NEW BUSINESS OF THE MONTH:
1.3 M/Tanaka presented a Certificate Plaque to Peter Ou, Vice President
and Andrew Fauntes, Director of Creative Services with "Cherry on
Top," as New Business of the Month for August 2008. Pat Fabio Field
AUGUST 19, 2008 PAGE 2 CITY COUNCIL
Representative with Congressman Miller's office presented a
Certificate of Recognition.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano
reported that the City of D.B. had received a Certificate of Excellence Award
for Financial Reporting from the Government Financing Office Assn. for the
13th year in a row. He thanked FD/Magnuson and her staff for the continued
fine work on behalf of the City.
3. PUBLIC COMMENTS: Allen Wilson voiced his concerns about Consent
Calendar Item 6.8 (Personnel Rules and Regulations); specifically, Rule 4
and Rule 12 with respect to final authority and unfunded liabilities.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Concert in the Park — Heartbreaker (Pat Benatar Tribute — August 20,
2008 — 6:30 to 8:00 p.m., Sycamore Canyon Park, 22930 Golden
Springs Dr. (Last in the series).
5.2 Movies Under the Stars — Bee Movie — August 20, 2008 —
Immediately following Concert in the Park Event, Sycamore Canyon
Park, 22930 Golden Springs Dr. (Last in the series).
5.3 Forest Canyon Neighborhood Traffic Management Program Meeting
— August 25, 2008 — 7:00 p.m., AQMD/Government Center, Room
CC -6, 21865 Copley Dr.
5.4 Planning Commission Meeting — August 26, 2008 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 Parks and Recreation Commission Meeting — August 28, 2008 — 7:00
p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Dr.
5.6 Labor Day Holiday — City Offices closed Monday, September 1, 2008
in observance of the Labor Day Holiday. Offices reopen at 7:30 a.m.,
Tuesday, September 2, 2008.
5.7 City Council Meeting — September 2, 2008 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr. — Canceled
due an anticipated lack of quorum to September 16, 2008 at 6:30
p.m.
AUGUST 19, 2008 PAGE 3 CITY COUNCIL
5.8 Diamond Bar Day at the Fair — Thursday, September 11, 2008
beginning at 8:30 a.m., tour of the LA County Fairgrounds; 9:00 a.m.
Community Expo; 12:00 noon Lunch; 2:00 p.m. Horse Race; 4:30
p.m. Reception and 5:30 p.m. Parade.
6. CONSENT CALENDAR: C/Chang moved, MPT/Everett seconded, to
approve the Consent Calendar with the exception of Item 6.7 and 6.8.
Motion carried by the following Roll Call:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett,
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES
6.1.1 Regular Meeting of August 5, 2008 —Approved as Submitted.
6.1.2 Regular Meeting of August 5, 2008 — Approved as Submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES -
Regular Meeting of May 27, 2008.
6.3 RATIFIED CHECK REGISTER—dated July 31, 2008 through August
13, 2008 totaling $1,077,058.88.
6.4 ADOPTED RESOLUTION NO. 2008-32: ACCEPTING THE GRANT
OF EASEMENT FOR OPERATION AND MAINTENANCE OF THE
TRAFFIC SIGNAL LOCATED AT THE SOUTHWEST CORNER OF
THE INTERSECTION OF DIAMOND BAR BLVD. /SUGARPINE LN.
AT THE MAIN ENTRANCE OF DIAMOND HILLS PLAZA.
6.5 APPROVED CONTRACT AMENDMENT NO. 3A WITH WEST
COAST ARBORISTS FOR CITYWIDE TREE MAINTENANCE AND
WATERING SERVICES FOR FISCAL YEAR 2007/08 ADDING
$3,300 TO THE AUTHORIZED AMOUNT OF $238,050 RESULTING
IN A TOTAL NOT TO EXCEED AMOUNT OF $241,350.
6.6 ADOPTED RESOLUTION NO. 2008-33: APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL
TRAILS PROGRAM UNDER THE "SAFE, ACCOUNTABLE,
FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A
LEGACY FOR USERS" FOR THE SUMMITRIDGE PARK
SOUTHERN ROUTE TRAIL PROJECT.
AUGUST 19, 2008 PAGE 4 CITY COUNCIL
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 ADOPT RESOLUTION NO. 2008-34: AMENDING THE CITY'S
PERSONNEL RULES AND REGULATIONS EFFECTIVE
SEPTEMBER 1, 2008; AND, RESCINDING RESOLUTION NO. 2006-
39: IN ITS ENTIRETY.
C/Herrera spoke about the proposed changes and the City's efforts to
stay current with the City's personnel rules.
HRM/Cross responded that the proposed authority changes were a
result of the City Council's direction to staff. With respect to the
unfunded liability issues, increasing the hours for cash out by 40
hours helps the City control a cash out that could potentially occur
because vacation is an accrued right. Likely, a cash out would be at a
higher rate than the rate at which employees were initially hired. This
is a cost -control measure for the City.
C/Herrera moved, MPT/Everett seconded, to approve Item 6.8.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.7 ADOPT RESOLUTION NO. 2008-35: OPPOSING FISCALLY
IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD
"BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS.
C/Tye wanted the message to get to legislators that they should keep
their hands off of City funds and also wanted the amount of the deficit
to be accurately reflected.
CM/DeStefano stated that the State legislators are attempting to grab
a portion of funds that were guaranteed to cities in the form of
transportation dollars, sales tax dollars and a variety of other
resources including monies specified for public safety programs.
Some cities that have active Redevelopment Agencies are looking
forward to significant cuts in their programs. Each city and county is
affected differently. The County of Los Angeles, for instance, is
looking at a loss of about $250 million and the City of Chino about $3
million. D.B. has a $20 million General Fund Budget that was
adopted two months ago. The State is looking to take about $1.4
million from the City of D.B., $600,000 of which was specifically set
aside for roadway improvements. If the City loses this money
needed repairs will be pushed off into the future when roadways have
AUGUST 19, 2008 PAGE 5 CITY COUNCIL
further deteriorated, or the City will have to dip into its General Fund
reserves to complete the work. The State is also looking to capture
$800,000 of the City's General Fund dollars. If the Council decided to
use $1.4 million of its reserves, it could mean stagnating active and
necessary Community Services projects such as the Parks Master
Plan projects, transportation improvements including cancellation of
engineering studies for the SR57/60 fix, public safety programs as
well as other programs including loss of consultant services in lieu of
City staff, etc. Staff has studied options; however, it is unfair for the
State to come to the cities to fix its problems. Cities have nothing to
do with the State's budgetary problems. The State didn't earn and
invest the money, the cities did. The State does not plan the City's
future, the City plans its future and for the State to take the City's
money to fix its problems and not propose any satisfactory resolution
other than playing the blame game is frustrating and unacceptable.
C/Tye moved, C/Herrera seconded, to approve Item 6.7. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2008-36: AMENDING THE CITY'S
CONFLICT OF INTEREST CODE FOR DESIGNATED CITY
PERSONNEL AND RESCINDING RESOLUTION NO. 2006-50: IN
ITS ENTIRETY.
CC/Cribbins presented the staff report stating that every two years the
Fair Political Practices Commission (FPPC) requires cities to review
their disclosures categories and if necessary, amend their code.
Since the Council adopted Resolution 2008-20 establishing the City's
job classifications the City's Conflict of Interest Code needs to be
amended to reflect the changes.
M/Tanaka opened the Public Hearing.
With no testimony being given, M/Tanaka closed the Public Hearing.
C/Tye moved, C/Chang seconded, to adopt Resolution No. 2008-36.
Motion carried by the following Roll Call vote:
AUGUST 19, 2008 PAGE 6 CITY COUNCIL
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 ADOPT ORDINANCE NO. 04(A) — 2008: EXTENDING ORDINANCE
NO. 04(2008) PROHIBITING CERTAIN GROUP RESIDENTIAL
USES INCONSISTENT WITH RESIDENTIAL ZONES AND
PROVIDING REASONABLE ACCOMMODATION PROVISIONS FOR
THE DISABLED PURSUANT TO GOVERNMENT CODE SECTION
65658 AND DECLARING THE URGENCY THEREOF.
CM/DeStefano stated that the matter before the City Council is a
Public Hearing to consider extending the Urgency Ordinance
previously adopted, to give staff appropriate time to research the
matter.
M/Tanaka opened the Public Hearing.
With no public testimony being offered, M/Tanaka closed the Public
Hearing.
C/Herrera moved, MPT/Everett seconded, to Adopt Ordinance No.
04(A) — 2008. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tye encouraged everyone to join in Diamond Bar's Day at the Fair on
Thursday, September 11. He congratulated the City on receiving a beverage
recycling grant — almost $16,000 from the Department of Conservation for
the upcoming fiscal year. He congratulated his son Matthew who proposed
to his girlfriend Amanda while on the Golden Gate Bridge in San Francisco.
C/Herrera asked residents to watch out for students as they return to school
and hoped everyone enjoys the remaining days of summer vacation.
C/Chang encouraged residents to join in the recycling program. The City is
having a photo contest with the first prize being $1,000 and the opportunity to
have their photo displayed in the City's calendar. He suggested that any
resident interested to visit the City's website and search for "D.B. through my
lens". D.B. continues to do a good job removing graffiti. During the month of
AUGUST 19, 2008 PAGE 7 CITY COUNCIL
July 215 sites were mitigated at a cost of $5,200. He thanked staff for
keeping the City clean and safe.
MPT/Everett stated that both he and his colleagues attended a Chamber of
Commerce Ribbon Cutting at D.B. Dental and encouraged residents to take
advantage of local businesses. He also asked residents to be mindful of
standing water and the potential health risks as well as for students returning
to school. Both he and M/Tanaka attended the New Teacher's orientation
held at the Pomona Unified School District. He thanked the Sheriffs
Department for their outstanding service to D.B. and congratulated
FD/Magnuson and her staff for the GFOA award. He also thanked C/Tye
and CM/DeStefano for the Resolution against the State's raid of the City's
funds that was adopted this evening.
M/Tanaka said that he and his wife Wanda have been enjoying the Concerts
in the Park and Movies under the Stars during the past six weeks and will be
sad that the last concert will be held tomorrow evening. He attended the
League of California Cities, LA Division installation dinner meeting and
congratulated Joe Garcia from the City of Monrovia and his new board. He
attended the Joint Chamber of Commerce Mixer hosted by the LA County
Fair where Congressman Miller welcomed the U.S. Department of Housing
and Urban Development's Secretary Steve Preston. He attended the round
table discussion about Southern California's housing industry and proposed
legislation to improve the current climate. Saturday he attended the Parks
Master Plan Community meeting and thanked CSD/Rose and staff for
providing an excellent opportunity for community feedback. That afternoon
the Summer Youth Baseball Picnic was held at Heritage Park and two
women from the Women's Professional Baseball League were in attendance
to speak to young players. Last Sunday he represented D.B. by riding in the
68th Nisei Week parade in Los Angeles. He further stated that this morning
he and MPT/Everett attended the Pomona Unified School District's "New
Teacher" orientation and this afternoon both he and MPT/Everett attended
the ribbon cutting ceremony for D.B. Dental Group.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the
regular City Council meeting at 7:35 p.m.
TOMMYEI CRIBB INS, CITY CLERK
PI-Q11oregoing minutes are h pproved this 16thday of September, 2008.
1
JACK TANAKA, MAYOR