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HomeMy WebLinkAbout7/7/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 7, 2009 CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: C/Chang led the Pledge of Allegiance. INVOCATION: Pastor Randy Lanthripe, Church in the Valley, led the Invocation. ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Herrera, and Mayor Everett. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Acting Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Patrick Gallegos, Management Analyst; Anthony Santos, Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano requested that the City Council remove Consent Calendar Item 6.9 and 6.10 for an updated staff report. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Everett proclaimed July 2009 as Parks and Recreation Month and presented the Proclamation to Parks and Recreation Commission Vice Chairman Dave Grundy. BUSINESS OF THE MONTH: 1.2 MPT/Herrera presented a City Tile to Gupreet Virk, Owner of Peacock Gardens Restaurant, 23347 Golden Springs Dr., as Business of the Month for July 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that Inst week he met with Congressman Miller to follow up on the zip code issue and the ongoing efforts to seek additional funding for improvements to the SR57160 freeway. Congressman Miller indicated continuing support for the City's effort on these issues. 3. PUBLIC COMMENTS: Desiree Lee, Diamond Bar Library, spoke about the Summer Reading Program for which nearly 700 children have enrolled. She thanked the Friends of the Library for their continued support for these types of JULY 7, 2009 PAGE 2 CITY COUNCIL programs. John Long, President of D.B. Pony Baseball, 530 Charmingdale, spoke about the Diamond Bar Family Festival sponsored by D.B. Pop Warner and D.B. Pony Baseball that will be held from July 23 through July 26, 2009. He reported that after discussing the matter with City staff he left the meeting believing that the event would be able to remain open until 11:00 p.m. However, when he attended the Planning Commission on June 23 both he and the President of Pop Warner after giving testimony before the Planning Commission discovered that staff was recommending a closing time of 10:00 p.m. Following discussion the Planning Commission voted to approve staff's recommendation. Mr. Long was attending tonight's Council meeting to request that the City Council allow the festival to remain open until 11:00 p.m. on Friday and Saturday evening, July 24 and 25. Mr. Long went on to advise Council that residents within 1000 ft. of the festival had been noticed and that none of the residents appeared at the meeting or had called the City to contest the festival details. He presented a petition to the City Council signed by about 30 residents who live on Big Falls and Sunset Crossing indicating they had no problem with the festival remaining open until 11:00 p.m. This is a first time event and the organizations would like to appeal to the community to participate in this event on an annual basis in order to raise money for youth organizations in D.B. After the Planning Commission made its ruling he was advised that the matter could be appealed to the City Council by filing a form with the City Clerk. The next day the President of Pop Warner went to City Hall to complete the form and was advised that there was no form and that a letter would have to be addressed to the City which he was not able to complete that day. He received a phone call later that day asking for the letter and was advised that the City required a $500 fee to file the appeal. When he asked if the organization would get the $500 refunded if it won the appeal he was told No. It is not possible for the organizations to start out by being $500 in the hole when it is attempting to raise funds for the youth of D.B. Mr. Long then discussed the fees required to put an event such as this on and asked that the City waive the fees. He stated that they had been denied the waiver of fees with the exception of $25. Mr. Long also asked Council to authorize use of the stage without a fee and agreed to transport the stage to and from the field. Greg McKnight, 324 S. Diamond Bar Blvd. President of Pop Warner Football stated he too attended the Planning Commission meeting on June 23 and was very disappointed about how the meeting had been conducted. He said that he and Mr. Long were never given an opportunity for rebuttal which he brought up during the meeting. He reported that the Chairman of the Planning Commission deferred to the City Attorney and that the City Attorney said the hearing could not be reopened for further public comment. Following conclusion of the meeting, the City Attorney JULY 7, 2009 PAGE 3 CITY COUNCIL said that generally, public hearings are not reopened for public comment and it appeared to him that the Commission was not interested in hearing from the speakers. One of the Commissioners left the meeting unhappy that he could not speak on the matter. Mr. McKnight felt that the Commissioners should be educated to give speakers an opportunity for rebuttal. One of the Commissioners indicated he could appeal the matter and that information was inaccurate. More importantly, he felt the Chair- man did not know there would be a $500 charge. This Festival effort is an all -volunteer event and while he appreciates all of the work the City does it is frustrating when 35 individuals attend the Planning Commission to support the event and the 11:00 p.m. hour and not get the opportunity for rebuttal. The Brown Act was cited as an issue. He researched the Brown Act and could not find anything that stated that a rebuttal could not be heard. Basically, the door was closed and that for his organizations to get on an agenda and appeal the ruling it would take until the latter part of July. The Festival is slated to begin on the 23rd and that is why he and Mr. Long attended this evening. Mary McCormick, 21455 Ambushers St., asked why the Draft EIR for Site D was not on tonight's agenda. The letter indicating the opportunity to respond to the EIR between June 25 and July 7 arrived at her home today, the last day to respond. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano, in response to Ms. McCormick's comments, stated that the Environmental Impact Report for the proposed Site D Development is out and available for public review and comment. Apparently, he felt there might be a breakdown in communication because the public comment period does not close until August 10, 2009. The EIR is available at City Hall, online through the City's website and at the D.B. Library. Additionally, a community meeting has been scheduled at Heritage Park on August 3 to discuss the document. CM/DeStefano pointed out to the Council that with respect to the D.B. Family Festival as reported by Mr. Long and Mr. McKnight, that the City Council has no authority regarding the Conditional Use Permit that the City Planning Commission granted a few weeks ago. The Planning Commission held a duly noticed Public Hearing as the speakers have referenced. The Planning Commissioners took public comment on the matter before them, deliberated on the action, and approved the proposal as staff recommended with a 10:00 p.m. termination period for the days of the event as outlined in the staff presentation that evening to the Planning Commission. The speakers and in particular, Mr. Long, were provided a copy of the staff report and the process for participation in the Planning Commission meeting. CM/DeStefano said he was not present at the meeting and does not know all of the details but can say that it was, from JULY 7, 2009 PAGE 4 CITY COUNCIL his understanding, a very typical Planning Commission meeting wherein presentation was made by staff, comments were received by the applicant and any others who may have been interested in speaking, deliberation occurred and ultimately a decision was rendered by the Planning Commission. The Planning Commission decision stands. The matter was not appealed and therefore, conclusion of the event at 10:00 p.m. is a decision that stands. The City Council does not have the ability to weigh in on that matter and make any changes. The Festival is scheduled to commence July 23 and not only does the decision stand because it was not timely appealed but there is no ability to open that door for a potential appeal or change by the Planning Commission or any input modifications by the City Council. This item is concluded for this year. The proposed festival is rather unprecedented in City history. Even when the multi -day ranch festival took place it did not extend over four days. City staff and law enforcement was very concerned about this project because of the length of the event, the time period, and, quite frankly the location of the event that offers minimal parking outside of public streets and immediately adjacent residential neighborhood streets. He said he believed this was a time period wherein the promoters need to put on a good show for themselves and for the proceeds they hope to achieve from it, to work well with the neighbors and if they are successful seek this type of venue in the future where there is an opportunity to look at additional timeframes that might be more appropriately based on what is known at _ that time. 10:00 p.m. is the closing time and that closing time stands. With respect to waiver of fees, the City has a user pay-as-you-go fee system. If the speakers chose to appeal the Planning Commission's decision it was the applicants who were required to make the appeal statement, not the City of D.B. For costs and services required to have been performed a public hearing before the City Council and to pay for all associated staff costs associated with that appeal. The modest fee of $500 does not cover the cost of advertising the Public Hearing. That modest fee is meant to encourage appropriate appeals and to dissuade individuals from frivolous appeals. This fee has been in place for many years in the City and has often been used for those who feel a decision was not reached in a favorable manner for them. With respect to a waiver of fees or costs associated with the use of public property, those applications are looked at very carefully on a case-by-case basis when received. There are certain pieces of public property that the City absolutely will not rent to anyone because of potential damage. The stage that is used for Concerts in the Park is very expensive. The City spent a great deal of time a year ago in the pursuit of purchasing that system and requires City staff to install it and tear it down. The timeframe that was proposed for the festival does not coincide well with the Concerts in the Park program because it occurs betf✓een two scheduled concerts and would require multiple tearing down and setting up by staff. - CM/DeStefano said he made the decision that it was not an appropriate use of City's property and therefore unable to be rented. JULY 7, 2009 PAGE 5 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park - July 8, 2009 - 6:30 - 8:00 p.m. The Answer (Classic Rock) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies under the Stars - July 8, 2009 - Open Season 2 - immediately following concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 Traffic and Transportation Commission Meeting - July 9, 2009 - 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 Planning Commission Meeting - July 14, 2009 - 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Concerts in the Park - July 15, 2009 - 6:30 - 8:00 p.m., Thornbird (Contemporary Rock) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 Movies Under the Stars - July 15, 2009 - Journey to the Center of the Earth - Immediately following Concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.7 City Council Meeting - July 21, 2009 - 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Chang moved, MPT/Herrera seconded, to approve the Consent Calendar as presented with the exception of Item 6.9 and 6.10 requested to be withdrawn by staff. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 CITY COUNCIL MINUTES Chang, Tanaka, Tye, MPT/Herrera, M/Everett None None 6.1.1 Study Session of June 16, 2009 - Approved as submitted. 6.1.2 Regular Meeting of June 16, 2009 - Approved as amended. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Study Session of April 28, 2009 - Received and filed. 6.2.2 Regular Meeting of April 28, 2009 - Received and filed. 6.2.3 Regular Meeting of May 12, 2009 - Received and filed. JULY 7, 2009 PAGE 6 CITY COUNCIL 6.2.4 Regular Meeting of May 26, 2009 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of May 28, 2009 — Received and filed. 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of May 14, 2009 — Received and filed. 6.5 RATIFIED CHECK REGISTER — Dated June 11, 2009 to July 1, 2009 totaling $1,979,416.72. 6.6 APPROVED TREASURER'S STATEMENT — Month of May 2009. 6.7 AWARDED CONTRACT TO DAVID VOLZ DESIGN IN AN AMOUNT NOT -TO -EXCEED $47,500 FOR THE DESIGN OF CONSTRUCTION DOCUMENTS FOR THE DEVELOPMENT OF WASHINGTON STREET MINI -PARK; AMOUNT INCLUDES A 10 PERCENT CONTINGENCY OF $4,150 AND $2,000 FOR REIMBURSABLES. 6.8 APPROVED CONSENT TO INDIRECT TRANSFER OF CONTROL OF NEXTG NETWORKS OF CALIFORNIA, INC. 6.11 AWARDED CONTRACT TO SJC 3 CONSULTING TO ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) IN AN AMOUNT NOT TO EXCEED $20,000 FOR FY 2009- 10. 6.12 APPROVED AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE SERVICES $21,600) FOR FY 2009/10. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.9 APPROVAL OF AMENDMENT NO. 10 TO CONTRACT WITH VALLEYCREST TO ADD PURCHASE AND INSTALLATION OF A CENTRALIZED IRRIGATION CONTROL SYSTEM AT THE CITY'S PARKS, DIAMOND BAR CENTER, FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE TRAIL/TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF $133,400, PLUS A CONTINGENCY OF $5,000 FOR A TOTAL AUTHORIZATION OF $138,400; AND APPROPRIATED $138,400 FOR THE FY 2009110 BUDGET FROM GENERAL FUND RESERVES. JULY 7, 2009 PAGE 7 CITY COUNCIL 6.10 APPROVAL OF AMENDMENT NO. 10 TO CONTRACT WITH EXCEL TO ADD PURCHASE AND INSTALLATION OF A CENTRALIZED IRRIGATION CONTROL SYSTEM AT LLAD NO'S 38, 39 AND 41, IN THE AMOUNT OF $390,500, PLUS A CONTINGENCY OF $47,100 FOR A TOTAL AUTHORIZATION OF $437,000; AND APPROPRIATED $437,600 FOR THE FY 2009/10 BUDGET FROM GENERAL FUND RESERVES; AND, AUTHORIZED FOR USE OF THE REMAINING CONTINGENCY FUNDS TO REPLACE TURF HEADS WITH ROTATING NOZZLES ON MEDIANS IN LLAD NO 38. CSD/Rose reported that this item is for consideration of awarding a contract for the purchase and installation of a centralized irrigation control system for the landscaped areas maintained by the City of D.B. Originally, there were two contractors that were assigned to this project; however, Excel Landscape notified staff that they were withdrawing their bid due to a $69,000 error. Staff immediately contacted ValleyCrest Landscape to see if they would be willing to handle the entire project for the original price of $576,000 including the contingency which they agreed to do. Therefore, staff -- recommends that the City Council award the entire contract for the purchase and installation of the centralized irrigation control system to ValleyCrest Landscape in the amount of $516,647.14 plus a contingency of $59,352.86 for a total authorization of $576,000 and an appropriation of $576,000 from General Fund Reserves. The City received a grant from the Metropolitan Water District in the amount of $166,800. The City is also eligible for a $41,700 grant from Walnut Valley Water District after the controllers are installed. This results in a net cost to the City for this project of $367,500 and with a centralized irrigation system, it is anticipated that the annual water savings of about 32% will result in the City recovering its General Fund investment in about four years. M/Everett opened the item for public comments. However, no one was present who wished to speak on this matter. MPT/Herrera felt it was outstanding that the City would change out its system to save the City 32% of its current usage. CSD/Rose responded to MPT/Herrera that ValleyCrest had the capacity to complete the entire job. C/Chang said he too supported this improvement project and appreciated that ValleyCrest stepped up to take on this project for the same cost. JULY 7, 2009 PAGE 8 CITY COUNCIL MPT/Herrera moved, C/Chang seconded, to approve Consent Calendar Item 6.9 as amended and to accept Excel Landscapes' withdrawal of their bid. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARINGS FOR LIGHTING AND LANDSCAPE DISTRICTS NOS. 38,39 AND 41. (a) ADOPT RESOLUTION NO. 2009-32 LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FY 2009/10. (b) ADOPT RESOLUTION NO. 2009-33 — LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FY 2009/10. (c) ADOPT RESOLUTION NO. 2009-34 — LEVYING AN ASSESSMENT ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FY 2009/10. PWD/Liu stated that District 38 levy rate of $15 per parcel generates approximately $268,000 in assessment revenue. This $15 rate has remained the same since the date of incorporation. As a result, there are insufficient funds collected to maintain and improve the District without utilizing the General Fund. For FY 2009/10 to maintain the current level of service the total annual budget of the District is approximately $329,000 which does not -include personnel service costs of about $27,000. Landscape improvements to be maintained by District 38 are the parkways and medians throughout the City. The estimated number of parcels within the District is 17,854. PWD/Liu explained that the levy rate for District 39 is proposed to be $130 per parcel and generates $164,000 in assessment revenue. The per parcel rate of $130 has remained the same since Incorporation and is inadequate to maintain and improve the District without using General Funds. For FY 2009/10 to JULY 7, 2009 PAGE 9 CITY COUNCIL maintain the current level of service the District's budget totals $234,332 which does not include personnel service of approximately $27,000. The landscaping improvements to be maintained by District 39 are the mini parks, slopes and the open space area within the District. This reflects a total maintenance area of approximately 61 acres. The estimated number of parcels within the District is 1,253. PWD/Liu said that the proposed levy rate of $220.50 for District 41 generates approximately $122,000 in assessment revenue and the $220.50 rate has remained the same since Incorporation and is also inadequate to maintain and improve the District without utilizing the General Fund. For FY 2009/10 to maintain the current service level, the required District budget totals almost $168,000. The landscape improvements to be maintained by District 41 are the slopes and open space areas within the District. This reflects a total maintenance area of almost 16 acres. The estimated number of parcels within the District is 554. -- Staff recommends that the assessment of each parcel within each of the three districts be confirmed and adopt the respective resolution levying the assessments for FY 2009/10. PWD/Liu reported that during the City Council meeting of June 16 the Council approved a contract with SCI to analyze the issues and opportunities for revenue enhancements within these districts. M/Everett opened the Public Hearing. With no one present who wished to speak on this item, M/Everett closed the Public Hearing. C/Chang moved, MPT/Herrera seconded, to adopt Resolution No. 32 for District No. 31. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Chang moved, MPT/Herrera seconded, to adopt Resolution No. 33 for District No. 32. Motion carried by the following Roll Call vote: JULY 7, 2009 PAGE 10 CITY COUNCIL AYES NOES: ABSENT COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Chang, Tanaka, Tye MPT/Herrera, M/Everett None None C/Chang moved, C/Tye seconded, to approve Resolution No. 34 for District No. 41. Motion carried by the following Roil Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye MPT/Herrera, M/Everett NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7.2 ADOPT ORDINANCE NO. 04B (2009): 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 65858(d). ACDD/Gubman stated that on July 15, 2008 the City Council adopted an Interim Urgency Ordinance instituting a ban on the establishment of certain group residential uses in residential zones. This was done after it was determined that a potential proliferation of such facilities would and did pose an immediate threat to public health, safety and welfare. The initial term of the ordinance is set to expire on July 15 of this year. Staff has begun researching and preparing standards for a permanent ordinance to supersede the urgency ordinance and does require additional time to craft the regulations. Therefore, staff recommends that the City Council extend the Urgency Ordinance for the maximum allowable time period of one year which would extend the Ordinance to July 15, 2010 in order to allow staff to complete its research. He reviewed the redline changes provided to City Council at the dais. M/Everett opened the Public Hearing. With no one present to speak on this matter, M/Everett closed the Public Hearing. C/Tye moved, C/Chang seconded, to adopt Ordinance No. 04B (2009) with changes as recommended by staff. Motion carried by the following Roll Call vote: JULY 7, 2009 PAGE 11 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye spoke regarding the Verizon bill he received and pointed out that for the past two months he had been billed for additional services he had not authorized. He suggested that residents scrutinize their bills for services that had not been authorized and to contact the provider immediately. He thanked CSD/Rose and his staff for their great effort on the 4th of July bash. It was an outstanding event and a great day. He invited everyone to attend tomorrow night's first of the year Concerts in the Park event. C/Tye commended C/Chang and his wife for what they have given to the D.B. community and the many lives they have touched. C/Tanaka said that over the past couple of weeks he attended the joint board meeting between the California Contract Cities Association, the Independent Cities Association and the League of California Cities LA County Division meeting held at the Gas Company's Energy Resource Center in Downey. He also attended the San Gabriel Council of Governments and the San Gabriel Valley Economic Partnership who co - hosted the Jack Phillips awards event this year and a Community Leaders Breakfast meeting with Senator Huff where water issues were discussed. C/Tanaka attended an Eagle Scout Court of Honor; the California Contract Cities Association's Executive Board Planning session; Pacific Crest Drum and Bugle competition held at Mt. SAC; Pomona Unified School District Board meeting; Tiny Tots graduation; Inland Valley Humane Society's 60th Anniversary Gala; Lanterman Development Center's annual Independence Day parade celebration and the 4th of Juli blast. He congratulated CSD/Rose and his staff for an outstanding show. This morning he attended the Community Hero Day meeting for D.B. Day at the LA County Fair scheduled for Thursday, September 17 and congratulated Lowanna Owens on the occasion of her retirement. C/Chang congratulated the City on a wonderful 4th of July blast on the occasion of 233 years of independence. He stated that this event is free and that there are many staff volunteers working behind the scenes to make it happen. He thanked C/Tye for the kind words about his retirement. He announced that he would retire from City Council and not seek re-election this year. The newspaper referred to his resignation from the City Council; however, he is not resigning but retiring. He has served for 1:2 years and feels it is time to bow out. As a firm believer in term limits JULY 7, 2009 PAGE 12 CITY COUNCIL new blood should be allowed to help bring a new voice to innovation and help the City continue to thrive. As an immigrant from Taiwan in 1981 he never imagined or planned to become involved in politics nor the opportunity and honor of acting as mayor of such a great City. With confidence, encouragement and overwhelming support extended to him he has been very humbled and honored to have the opportunity to serve the community for the past 12 years. Together we have made D.B. a City that everyone is proud of and wants to live in and work in and to enjoy life. Most of the people in Southern California admire D.B. and D.B. is one of the top 10 cities in which to live in the United States. With all of the achievements that the City Council has accomplished it is time for him to hand off the baton to the next person and continue the legacy for the betterment of D.B. He encouraged anyone who had the passion and capability to serve to run in the coming election to help provide the best interest to the residents of D.B. When he ran for Council in 1997 his youngest son Howard was only nine years old. Today he is 21 and graduating in December from UC Irvine and plans to become an attorney in the international business law field. He felt that with his attention to business and community affairs he had not spent enough time with his family but he is very proud that his dear wife has taken the reigns and raised Howard to be a son of whom he is very proud. Upon his retirement from public service he will have more time to be with his family and will especially be able to travel with his wife. He enjoys working for his family and his community. He thanked his colleagues for their cooperation and dedication in making D.B. such a wonderful City in which to live. He said he will continue to serve until his term expires on December 1, 2009. After retirement from the Council he will still serve as a volunteer for the community. He thanked the public for their understanding and support for the past 12 years. God bless America, God bless D.B., and God bless all of the residents and staff. MPT/Herrera thanked CSD/Rose and his staff for all of the great and hard work in putting together the 4th of July event. A lot of cities are having tough economic times and many cities canceled their 4th of July celebrations because it was too costly and they could not afford a celebration. She is proud that D.B. has not made any cuts in its programs such as the 4th of July celebration and the Concerts in the Park series. D.B. made cuts internally so that the residents would not feel the pain. As a result, 8000 attended the 4th of July celebration at D.B.High School many from surrounding communities that did not have celebrations to attend in their own areas and D.B. was pleased to have all of them present. She was pleased that the Council took action changing out its irrigation system which is important in light of the water crisis. Many organizations that D.B. belongs to and participates with recognize that cities are having tough times and she is proud the SCAG has voted to reduce their dues by 1CY percent in order to help cities. LAFCO has also reduced their dues and She appreciates the organizations' efforts to help JULY 7, 2009 PAGE 13 CITY COUNCIL cities where they can. She said that she was surprised by C/Chang's announcement of his retirement from the City Council. She thanked him for his service to the City and for the great business advice he has passed along to the City Council. C/Chang's contributions to the City have been tremendously valuable and she thanked him for that. M/Everett said he appreciated his colleague's input. Saturday night's event was terrific and appreciated by at least 8000 people. Local talent Jamie Beaman added a great deal to the festivities of the evening. There is such a breadth of programs and services available to the residents during the summer such as the Tiny Tot program. He thanked the Tiny Tot leaders and the families who are so involved. Tonight he was reminded by Mr. McKnight that communication is very important and it seems that at almost every Council meeting there are rough edges in interface. He wanted to make sure that he was available. Everyone should have the City News available in their mailbox and everyone should read the City News so that they know what is going on in the City. In addition, there is a wealth of information on the City's website. And if someone needs something they cannot find or is not connected, please call him but please call him in time to give the Council time to react. The Council was rightly educated by CM/DeStefano this evening that there are timelines and responsibilities and everyone has a part in that and there is only so much that the Council can do. So please do not let things sit too long — let us communicate early on. He invited everyone to join him and others tomorrow night for the start of this year's Concerts in the Park series at 6:30 at Sycamore Canyon Park and stay for the movie that immediately follow the concerts. C/Chang is one of his hero's and models and he relates to every reference of service by Mr. Chang and his wife in the community. They have touched many lives. In the past two and one- half years he has felt a new connection and seen a new face with the professionalism and business acumen and a perception that is helpful at every single Council meeting. C/Chang is here for Council meetings in spite of his many business responsibilities and he highly regards that sense of responsibility and most of all about how he is engaged in bringing important matters to the table for Council's discussion. C/Chang is always wishing to represent all constituents of D.B. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 8:00 p.m. TOMMYE CRIBBINS, CITY CLERK JULY 7, 2009 PAGE 14 CITY COUNCIL The foregoing minutes are hereby approved this 21stday of R July 2009. Ron Everett, Mayor