HomeMy WebLinkAbout10/21/2008 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
OCTOBER 21, 2008
STUDY SESSION: M/Tanaka called the Study Session to order at
5:45 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Member Chang, Herrera, Tye, Mayor
Pro Tem Everett, Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Asst. City Manager; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; Isaac Aziz, Network Systems Coordinator; Patrick Gallegos,
Management Analyst; Ryan McLean, Assistant to the City Manager; Joyce Lee,
Senior Management Analyst; Rick Yee, Senior Civil Engineer; Kimberly Molina,
Associate Engineer; Marsha Roa, Public Information Manager; Anthony Santos,
Management Analyst and Tommye Cribbins, City Clerk.
I► PRESENTATION OF SUSTAINABILITY ACTION PLAN — Discussion
and Action.
Asst. to CM/McLean gave a brief presentation, and then turned it over to
MA/Gailegos who spoke about current and ongoing programs including
recycling programs.
MA/Gallegos spoke regarding the mandates of AB 32 that aims to reduce
greenhouse gas emissions to 1990 levels by 2020. Changes are coming,
which means that it will change the way the City does business, the way it
handles purchasing, projects, capital improvements, etc. Therefore, it is
smart for the City to begin taking the steps to get to the sustainable future
that will be expected from the City.
SMA/Lee recommended the following actions be implemented with current
resources and personnel: 1) Develop purchasing guidelines that provide
environmental friendly criteria; 2) replace City vehicles at the end of their
useful life with hybrid CNG optional fuel vehicles to reduce fuel costs and
overall emissions.
C/Tye asked what the recommendation meant and whether it would drive
contractors away.
ACM/Doyle said that whether the issues of placing restrictions and
regulations on contractors doing business with the City would drive up the
OCTOBER 21, 2008 PAGE 2 CC STUDY SESSION
cost would always be a point of evaluation as part of this process and
program. Staff does not want to put green measures in place that may not
be feasible and may drive up the cost of providing a service without
benefit to the community. Staff is very sensitive to these issues.
M/Tanaka felt that AB 32 was also affecting other companies so waste
haulers and Foothill Transit for example, should continue to move in that
direction anyway.
SMA/Lee continued that as part of the public outreach, the City's website
will include a designated web page for environmental services so that
residents and businesses can easily access environmental services such
as where to recycle, green living tips, sustainability solutions, etc. At the
same time DBTV will run environmental public service announcements.
Additionally, the City could hold "green living" town hall meetings at the
Diamond Bar Center. Staff would like to enhance marketing and target
specific recycling programs for businesses. The City should promote "low
impact development" and explained methods for retaining water on-site.
Some builders have been using this building method. However, the City
should consider mandating low impact development and include
regulations in the City's Development Code. Additionally, it would be
helpful if prior to planning any major projects and private development the
City require an introductory meeting with environmental services and
planning staff to kick off projects to ensure that all parties were on board
with the sustainability goals. The last recommendation is for the
subcommittee to enhance existing solid waste programs and establish
safe local contract terms for waste haulers.
The presentation went on with MA/Santos stating that one of the first long-
term options the City can implement is to perform an energy audit and set
reduction goals (looking at how much energy is used in City facilities and
setting reduction goals for 5, 10 and 15 years) and use new technology to
help meet those goals. Another option is LED lighting which has already
been implemented in some street lights throughout the City. This option
could be expanded to include City facilities such as Diamond Bar Center
and park facilities. D.B could lead by example if it were to retrofit existing
City facilities with new technology such as solar panels at the Diamond
Bar Center, LED lights, incorporation of more efficient heating and air
conditioning systems. In the event that some of these technologies are
more expensive the City could seek grant funds to help offset the costs.
The City could also revise its General Plan to include new technology into
development plans which could lead to significant energy reduction in the
long-term. Title XXIV sets energy efficiency standards for development in
California and although it could be considered as promoting very high
OCTOBER 21, 2008 PAGE 3 CC STUDY SESSION
development standards the City Council could adopt those standards or
have
move beyond the current standards. D.B. could do as other cities
done and offer development incentives for green technology (expedite a
plan check, reduce fees, etc.) Parallel to energy conservation is water
conservation as SMA/Lee spoke to earlier. The City could implement a
computerized centralized irrigation control system with the help of grant
funds and install drought resistant landscape materials similar to what is
seen along Grand Ave. In light of ongoing concerns about water the City
could adopt a water conservation ordinance similar to what other desert
cities have done.
Asst. to CM/McLean concluded that staff would research this matter and
bring its recommendation to the City Council at a future date. The goal of
tonight's presentation was to bring staff's recommendations to the City
Council for comment and approval.
C/Tye asked about the Chamber's role with businesses.
ACM/Doyle responded that staff has focused most of its energy internally.
Staff has not done much to interact with the Chamber relative to this
program but it would be something that staff could look at if Council so
directed.
SMA/Lee said she was unaware whether the Chamber was doing any
recycling or green outreach. From time to time they have an a -waste
event which is the only event of which she is aware.
C/Tye wanted to know how the City could help the Chamber be more
involved.
ACM/Doyle explained that the City would like to offer businesses
incentives for becoming involved.
C/Herrera recommended that the Council incorporate a recognition
category for "green" businesses.
C/Chang felt the Chamber should be involved and businesses should be
encouraged to recycle. He also agreed that businesses should be
recognized.
ACM/Doyle said that most businesses currently fall under the standards of
one bin with no second bin for recyclables. Now it is standard for new
development.
OCTOBER 21, 2008 PAGE 4 CC STUDY SESSION
SMA/Lee stated that Valley Vista's charges $75.00 for recycling; however,
there are waste haulers that would do it at no cost to the business.
ACM/Doyle felt it was a matter of education and making it politically
popular to have a "green" sticker.
C/Tye said he believed in recycling but felt individuals and businesses
should not be penalized and that the City should do everything possible to
accommodate its people.
ACM/Doyle assured C/Tye that staff was very aware of doing the best
possible job with respect to saving the City money.
MPT/Everett said he appreciated the team's input and felt the Council
should move forward on the near-term items. He too was in favor of not
legislating and doing everything possible to incentivize and encourage
innovation and good stewardship.
PUBLIC COMMENTS: None
ADJOURNMENT: With no further business to come before the City
Council, M/Tanaka adjourned the Study Session at 6:23 p.m.
TOMMYE'CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 4th day of November
2008. '
JACK TANAKA, Mayor
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 21, 2008
CLOSED SESSION: 5:00 p.m. — Room CC -8
Public Comments on Study Session Agenda — None Offered.
► Government Code Section 54956.9(c) Initiation of Litigation — One
Case
STUDY SESSION:
5:45 p.m., Room CC -8
► Presentation of Sustainability Action Plan — Discussion and Action
M/Tanaka recessed the Study Session to the Regular Meeting at 6:23 p.m.
CALL TO ORDER: Mayor Tanaka called the regular City Council
meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
CA/Jenkins reported that during tonight's Closed Session there were no public
comments and no reportable action by the City Council.
CM/DeStefano stated that during tonight's study session Council received a
report from staff regarding sustainability program options and staff received
direction from Council to move forward with certain items.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Everett led the Pledge of
Allegiance.
INVOCATION: Lee Bendell 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; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to the
City Manager; Joyce Lee, Senior Management Analyst; Rick Yee, Senior Civil
Engineer; Kimberly Molina, Associate Engineer; Isaac Aziz, Network Systems
Coordinator; Marsha Roa, Public Information Manager; Anthony Santos,
Management Analyst and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
OCTOBER 21, 2008 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.1 M/Tanaka presented a City Plaque to Master Frank Gonzales, USA
Fit Force Taekwondo, 932 N. Diamond Bar Blvd. as New Business
of the Month for October 2008.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
Lt. Joe Maxey reported that yesterday, based on information from a
concerned citizen and hard work, on the part of Sheriffs Department
staff, arrests were made of three individuals involved in the vandalism
perpetrated at Sycamore Canyon Park.
Lt. Maxey also announced that Sgt. Marc Saunders had returned to work
following a long recovery from a motorcycle accident.
M/Tanaka thanked the individual who assisted in the arrest of the vandals
and thanked his colleagues for their offer that led to the arrest.
3. PUBLIC COMMENTS:
Leticia Pacias, Community Services Representative with LA County Fire
Department, announced that the Fire Department will be hosting a Fire
Expo on Saturday, November 15 from 11:00 a.m. to 3:00 p.m. The Expo
will include the Sheriff's Department, Animal Control, Red Cross as well as
other agencies. The expo will focus on evacuations, vegetation
management and building standards. The event will be held at the
Regional Headquarters, Station 118, 17056 Gale Ave., City of Industry
and admission is free. Ms. Pacias also announced that food and
refreshments will be provided at no charge.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting — October 23, 2008 —
7:00 p.m., AQMD/Government Center Board Hearing Room, 21865
Copley Dr.
5.2 Haunted House — October 30 and 31, 2008 — 6:00 to 9:00 p.m.,
Heritage Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per
person) — Not recommended for children under 8 years of age.
OCTOBER 21, 2008
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5.3 Fall Fun Festival — October 31, 2008 — 4:30 to 8:30 p.m., Heritage
Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per child).
5.4 City Council Meeting — October 21, 2008 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
CONSENT CALENDAR:
C/Tye requested that Item 6.6 be pulled for further discussion. C/Herrera
moved, C/Chang seconded, to approve the remaining items on Consent.
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 Regular Meeting of October 7, 2008 —
Approved as submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of August 14, 2008.
6.3 RATIFIED CHECK REGISTER — dated October 2, 2008 through
October 15, 2008 totaling $1,395,767.58.
6.4 APPROPRIATED $247,500 IN FEDERAL HUD SPECIAL GRANT
FUNDS AND AUTHORIZED TRANSFER TO THE WALNUT
VALLEY UNIFIED SCHOOL DISTRICT AS REIMBURSEMENT
FOR IMPROVEMENTS TO THE DIAMOND BAR HIGH SCHOOL
BASEBALL FIELD.
6.5 (a) APPROVED PLANS AND SPECIFICATIONS; AWARDED
CONSTRUCTION CONTRACT FOR THE PALOMINO
NEIGHBORHOOD TRAFFIC CALMING PROJECT TO PREMIER
PAVING, INC. IN THE AMOUNT OF $74,549 AND AUTHORIZED
A CONTINGENCY AMOUNT OF $7,500 FOR CONTRACT
CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER; FOR A TOTAL AUTHORIZATION AMOUNT OF
$82,049.
OCTOBER 21, 2008
PAGE 4 CITY COUNCIL
(b) AWARDED CONSTRUCTION ADMINISTRATION
SERVICES CONTRACT TO DMS CONSULTANTS, INC. FOR
THE PALOMINO NEIGHBORHOOD TRAFFIC CALMING
PROJECT IN THE AMOUNT OF $15,917.50 AND AUTHORIZED A
CONTINGENCY AMOUNT OF $1,600 FOR CONTRACT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER; FOR A
TOTAL AUTHORIZATION OF $17,517.50.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.6 ADOPT RESOLUTION NO. 2008-40: OPPOSING MEASURE R
ON THE NOVEMBER 4, 2008 BALLOT WHICH IF PASSED
WOULD INCREASE THE COUNTY SALES TAX BY ONE-HALF
PERCENT TO FUND SPECIFIC TRANSPORTATION PROJECTS.
C/Tye explained that Measure R would completely ignore the
eastern portions of LA County of which D.B. is a part. Since
everyone is going to be paying the one-half percent sales tax for
some time to come everyone should benefit, thus Council's
opposition.
C/Tye moved, MPT/Everett seconded to approve Consent
Calendar Item 6.6. 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: None
8. COUNCIL CONSIDERATION:
8.1 COUNCIL APPOINTMENTS:
(a) APPOINTMENT TO THE LOS ANGELES COUNTY VECTOR
CONTROL BOARD.
ACM/Doyle presented staff's report and indicated that Audrey
Hamilton was interested in continuing to serve on the Board. He
stated that if the Council so chooses they can reappoint Mrs.
Hamilton; appoint another individual; or, a member of the Council
for either a two-year or four-year term.
OCTOBER 21, 2008
PAGE 5 CITY COUNCIL
C/Herrera moved, C/Tye seconded to reappoint Audrey Hamilton to
serve as the City's representative on the Los Angeles County
Vector Control Board to serve a term of two -years. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
(b) APPOINTMENT TO THE
CONSERVATION AUTHORITY
COMMITTEE.
Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
None
None
WILDLIFE CORRIDOR
WILDLIFE ADVISORY
ACM/Doyle stated that the City currently holds two seats on the
Advisory Committee, one of which is filled by Mr. Bill Herrick who
has indicated that he was not interested in continuing on the Board
and by Mr. Davis who has indicated that he would be willing to
continue serving on the Committee.
M/Tanaka moved, C/Tye seconded, to reappoint Steven Davis to
the Wildlife Corridor Conservation Authority Advisory Committee
and hold the application process open until the Council has other
candidates to consider for the remaining seat. 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
8.2 SOLID WASTE SUBCOMMITTEE RECOMMENDATIONS:
(a) Solid Waste Franchise Negotiation/RFP Process Integrity Rules.
(b) Approval of City Council Solid Waste Subcommittee to begin
proposed negotiations with current Haulers.
(c) Award of Contract to Hilton Farnkopf & Hobson, LLC (HF&H) in
the amount of $150,000 for as -needed solid waste negotiation
services.
CM/DeStefano stated that the recommended series of protocols
have been used by other cities when going through the contract
renewal/extension process for waste haulers. Other cities have
had conflicts with waste haulers and potential conflicts with City
OCTOBER 21, 2008 PAGE 6 CITY COUNCIL
Councils. Staff is attempting to ensure that the waste haulers
understand the rules. Council Members will be kept apprised while
the process is undertaken through the next several months. The
reason this is being proposed at this point rather than any other
subcommittee that the City Council has ever had is because of the
size of the contract. The City is probably looking at a minimum 10 -
year contract renewal or new for the waste haulers and possibly a
15 or 20 -year contract depending on the result of the negotiations.
This is a very, very large contract (possibly $150 million) and one of
the most significant decisions the Council will make.
C/Tye was opposed to the rules proposed by staff and felt that the
Council could and would police themselves during negotiations.
C/Chang said that a couple of months ago he received the City
Manager's report about the negotiation and bidding process. At
that time he spoke with staff to say that he was not in favor of the
negotiation process and felt that for this type of process that affects
every resident and household should go through a very open bid
process with clear rules and regulations. Personally, he does not
feel that individual negotiation is good government action. Because
of the amount and length of the contract it should be an open bid
process.
MPT/Everett said he appreciated his colleague's input and that it
had given him a perspective he had not considered. He too is
dedicated to the highest integrity and commitments that were
highlighted by C/Tye and C/Chang. One key element, in order to
keep any question of perception or any other misunderstanding as
he read the proposed rules is to keep everything very clinical.
Whether or not there are negotiations or an RFP the concept that
has been discussed in the subcommittee meetings is the fact that
the work that will be done in negotiations is fundamental to an RFP
should the City choose to move in that direction. The guidelines
would apply to all Council negotiations. He felt that the City cannot
control the elements and perceptions in the marketplace; the size of
D.B. and these measures will help control them. For that reason he
feels these items should be considered.
M/Tanaka stated that the subcommittee felt there was no
dissatisfaction or complaints from the current vendors. Based on
those assumptions the subcommittee moved forward with ideas
about how to open the matter for renegotiations for the waste
hauler contracts. The fact that the rates, the amount of the charges
OCTOBER 21, 2008
PAGE 7 CITY COUNCIL
and what services each hauler is able to provide are part of the
public record and would be incorporated in the recommendations to
the Council.
C/Herrera said she appreciated the subcommittee beginning the
process and felt that since this is such a vital and important topic
she would recommend there not be a subcommittee; and, as this
item moves forward with a consultant it should be brought to the
entire City Council. All City Council Members were elected to make
decisions and to give input on behalf of the residents.
C/Chang said he agreed with some of C/Herrera's comments. He
felt the City should not go through a renegotiation process and that
in his opinion that a better government practice would be an open
bid. He also suggested that there be a study session prior to the
matter being placed on the agenda for a final decision.
MPT/Everett said that if a subcommittee does not make the
process more efficient there should not be a subcommittee. If the
entire Council wants to be a part of the process should the Council
continue in the current path, that is an option. He did agree with
C/Chang that before anything further is considered there should be
a study session so that all Council Members can engage in the
discussion process.
M/Tanaka stated that as a member of the subcommittee he fully
agreed with his colleagues and if possible he would like to table the
matter and bring it back as a study session item. C/Herrera
seconded the motion. Motion approved by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Herrera said she was pleased to attend the Target
Ceremony/Presentation last Friday morning. Target gives back to the
community and after being in business only about a year had presented
$15,000 to D.B.H.S., $3,000 to Maple Hill Elementary, $6,000 to Quail
Summit Elementary, $6,000 to Suzanne Elementary School, $3,000 to
OCTOBER 21, 2008 PAGE 8 CITY COUNCIL
Southland Christian School and $2,000 to the Sheriff's Department. She
felt it was a fabulous gesture from a wonderful corporate sponsor. She
urged everyone to support this store that is giving back to the community
in a wonderful way.
C/Tye said that on October 9 he attended a Neighborhood Watch meeting
in the Tierra Loma and Moniteau PI. neighborhoods. Deputy St Amant put
on a great program and was delighted to see neighbors mixing and taking
action in their neighborhoods. He was thrilled that the reward offered for
information regarding the destruction at Sycamore Canyon Park had done
the trick and that the responsible parties will be prosecuted. Last
Wednesday he attended the Three Valleys presentation. Over the
weekend he and C/Chang attended the Contract Cities Seminar, water
being a big issue. He encouraged residents to consider applying for the
WCCA Advisory Board vacancy and thanked Steven Davis for his
willingness to continue serving D.B. He found it interesting that Christy
Passoth, a 7th Grade Language Arts teacher at Chaparral Middle School
encouraged several of her students to enter their work in the 2008 Los
Angeles County Fair's Education Expo and the young poets who are now
in the 8th grade who were recognized and won awards are Sarah
DeMontiverde, Helen Park, Joycelyn Chin, Jennifer Lim, Dee Dee Cho,
Luke Lou and and Angie Chu. Jennifer Lim also won Best of Class, Best
of Division and Best of Show. He welcomed back Sgt. Marc Saunders
and asked him to please be careful.
C/Chang thanked the waste hauler subcommittee for their
recommendation; however, felt it is better to engage the full Council on the
matter. He believed that all Council Members were working toward the
same goal for a better community. He and C/Herrera went through this
very lengthy and difficult process 10 years ago and understands that the
pressure is on to make the best decisions and not have anything backfire
on the community. He again thanked M/Tanaka and MPT/Everett for
going through the process. He thanked staff for the Halloween programs
for the children and encouraged everyone to participate in the Fall Fun
Festival.
MPT/Everett thanked his colleagues for the lively discussion this evening
and for the direction which he fully supports. He thanked staff for their
work with the solid waste future planning and for the excellent report from
staffs team to review the sustainability program options. He appreciated
the effort, ideas and attitude for creative sustainable "green" programs.
He too enjoyed the Neighborhood Watch meeting hosted by Volunteer
Patrol member Duarte. Later in the month he joined Deputy St. Amant on
Rim Ln. near Ronald Regan Park. He invited residents to participate in
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OCTOBER 21, 2008 PAGE 9 CITY COUNCIL
Deputy St. Amant's related seminar regarding ID fraud prevention and
earthquake preparedness tomorrow, Wednesday, October 22 at 7:00 p.m.
at the Congregational Church on Diamond Bar Blvd. near Pathfinder Rd.
He thanked Steven Davis and Audrey Hamilton for their service. He
commented on his attendance at the Three Valley's leadership breakfast.
Later that morning he attended a session presented by the San Gabriel
Valley Economic Partnership discussing Measure R, Measure RR,
Proposition 7 on renewable energy, the balance of the Propositions and
Presidential consideration as they relate to southern California. Friday,
October 17 he attended Diamond Bar Days at D.B.H.S. with his
colleagues, government officials and staff.
M/Tanaka spoke about participating in the Neighborhood Watch Program,
San Gabriel Valley Council of Governments meeting, the Target's "Take
Charge of Education" program and commended Target for their school
and Sheriff's Department grants. He thanked Bill Herrick for serving on
the WCCA Advisory Council. He also participated in Diamond Bar Day at
Diamond Bar High and congratulated William Lee, President, Class of '09,
a class of over 800. He thanked the departments and individuals who
participated in the program and last weekend he attended the California
Contract Cities Association's fall seminar with colleagues Chang and Tye.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned
the regular City Council meeting at 7:58 p.m. in memory of Michael Nagaoka,
Retired Chief, LA County Sheriffs Department.
TOMMA CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this 4th day of November
2008.
JACK TANAKA, MAYOR