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HomeMy WebLinkAbout8/18/2009 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 18, 2009 STUDY SESSION: 5:30 p.m. - Room CC -8 of the SCAQMD/Government Center. ON. Pavement Management Systems Overview and Discussion. Public Comments: None Offered. CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:39 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: M/Everett led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church 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; Ken Desforges, IS Director; David Liu, Public Works Director; Rose, Community Services Director; Linda Magnuson, Finance Director, Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager; Lauren Hidalgo, Public Information Specialist; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Chang proclaimed September 2009 as "LA County Fair Month" and presented Dwight Richards, Vice President of Operations for the Fairplex with the Proclamation. BUSINESS OF THE MONTH: 1.2 C/Tanaka presented a City Tile to Barbara Lewis, owner, Cyclone Services, 23441 Golden Springs Dr., as Business of the Month for August 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that during tonight's Study Session the City Council received an excellent presentation by SCE/Yee and Pete Bucknam with Bucknam & Associates on the quality and condition of AUGUST 18, 2009 PAGE 2 CITY COUNCIL pavement throughout the community and plans for addressing deficiencies and maintaining the high level of quality the City enjoys for the next several years. 2.1 CM/DeStefano introduced Mike Holmes, General Manager, Walnut Valley Water District and Scarlett Kwong, member of the Walnut Valley Water Board of Directors. Mr. Holmes thanked the City for the article in the City's newsletter and for the interest in water conservation. He reported on the state of water conservation in the San Gabriel Valley and what the Governor and the State legislature are doing to address the water issues. He stated that on a positive note, for the first time since 2002 the Colorado River has 1 million acre feet available for delivery, most of which will go to agriculture along the Colorado River and that the MWD will get its full allotment across its aqueduct. Withdrawals have been reduced from surface water reservoirs. Locally, the permanent water conservation measures were approved and MWD has a water shortage response condition that is in stage one. MWD is attempting to avoid a two million dollar penalty by using average amounts of water. Permanent water conservation measures are common sense measures that all can practice and are listed on the WMD website. MWD is also working _ with the school districts to assure reduction of watering as well as the cities of Walnut and D.B. on landscape irrigation reduction. He commended the City of Diamond Bar under the leadership of CM/DeStefano for letting the MWD use its marquis and for the City's participation in water conservation. After one month of conservation efforts, based on a three-year average for the month of July, water purchases were reduced by 13% and this was the hottest July on record. He thanked everyone for their help. MPT/Herrera thanked Mr. Holmes for attending tonight's meeting and sharing the information. What needs to be re-emphasized to residents is that even though we have done a good job conserving in July the effort continues and everyone needs to continue this effort every month for the next couple of years. M/Everett asked where he could obtain copies of the charts Mr. Holmes presented tonight. Mr. Holmes responded by stating that the charts are available on the WMD's website, they were included in last month's mail out and will also be included in next month's mail out. AUGUST 18, 2009 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Resident Allen Wilson questioned Consent Calendar Items 6.6 and 6.7 and requested that those items be pulled for further discussion. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Mr. Wilson's question regarding Consent Item 6.6 stated that this is a unique circumstance to the City because D.B. does not have the same benefit plans as do other cities that have PERS retirees on their City Council. Staff is suggesting the item revert to 2005 when the Council Member retained his seat on the City Council. Whether or not this has a positive or negative effect on the City Council portion of the overall City budget, this in effect has a positive effect because the conclusion that staff is recommending is actually less than the budgeted amount set forth for all five Council Members who are all treated equally. This particular Council Member's situation did not allow for the benefit to be received. The modification results in an increase in an amount the Council Member is receiving but overall, it is a significant decrease from what other Council Members are receiving. Therefore, in his opinion, it - has a net positive effect. With respect to Item 6.7 CM/DeStefano responded that the area being considered for increased brush removal is a result of a recent change in policy and direction from the fire department. CSD/Rose reported that the Lighting and Landscape Assessment District was established by LA County in the 1980's. The City took over the responsibility of those districts when the City incorporated in 1989. For 20 years the City has been maintaining those districts according to a hand drawn map that was provided by LA County staff in 1989 and at that time the fire breaks that are now being required by LA County were not a part of that maintenance plan. LA County recently reviewed the fire breaks in this property and they are requiring 200 ft. fire breaks from the homes throughout the district. In many areas of the District the City already maintains fire breaks of only 100 ft. In the areas in question, it amounts to an additional 100 ft. of vegetation removal. In the remaining areas there have been no fire breaks maintained by the City as part of the district work. Neither of the homeowners associations in those areas are used to collecting assessments from their members because they have depended on the City to collect the assessment and provide the service for the past 20 years. Legally, the homeowner association is the owner of the property and they are ultimately responsible for this work. The City needs to work out the matter of who will ultimately pay for the assessment. Since it is August and fire season is fast approaching it is staffs view that it is more prudent to get the fire breaks cut before the Santa Ana winds kick up and then discuss the matter of how the City will recover the cost of this work. AUGUST 18, 2009 PAGE 4 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 19, 2009 — 6:30 — 8:00 p.m. Hollywood U2 (U2 Tribute) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies Under the Stars — August 19, 2009 — Bolt — immediately following concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 "Teen Night Out' —August 21, 2009 — 6:00 —10:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr., sponsored by DB 4 -Youth In Action. 5.4 Planning Commission Meeting — August 25, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Parks and Recreation Commission Meeting — August 27, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.6 City Council Meeting — September 1, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.7 Caltrans SR 57/60 Confluence Project Public Meeting — September 2, 2009 — 5:00 p.m. to 9:00p.m. — Diamond Bar Center Main Ballroom, 1600 S. Grand Ave. 5.8 National Parks Service — San Gabriel Watershed and Mountains Special Resource Study Public Meeting — September 2, 2009 — 7:00 p.m. to 9:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded, to approve the Consent Calendar as presented with the exception of Item 6.7 pulled by MPT/Herrera and with C/Tanaka abstaining from voting on Part C of Item 6.6. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of August 4, 2009 —Approved as submitted. - 6.1.2 Regular Meeting of August 4, 2009 — Approved as submitted. AUGUST 18, 2009 PAGE 5 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Workshop of June 23, 2009. 6.2.2 Regular Meeting of June 23, 2009. 6.2.3 Regular Meeting of July 14, 2009. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of June 25, 2009. 6.4 RATIFIED CHECK REGISTER — Dated July 30, 2009 through August 12, 2009 totaling $773,586.72. 6.5 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED THE CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL- 5455(013) IN THE AMOUNT OF $1,476,000 PLUS A CONTINGENCY AMOUNT OF $147,600, FOR A TOTAL AUTHORIZATION OF $1,623,600. (b) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO DMS CONSULTANTS, INC. FOR THE PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL-5455(013) IN THE AMOUNT OF $127,260, PLUS A CONTINGENCY AMOUNT OF $12,726 FOR A TOTAL AUTHORIZATION OF $139,986. 6.6 ADOPTED RESOLUTION NO. 2009-37: MODIFYING THREE SECTIONS OF THE COMPENSATION PLAN FOR ALL CLASSIFICATIONS OF EMPLOYMENT AND AMENDING RESOLUTION NO. 2008-20. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVE APPROPRIATION OF $43,000 FROM GENERAL FUND RESERVES TO LLAD NO. 41 FOR BRUSH REMOVAL SERVICES TO CREATE NEWLY REQUIRED FIRE BREAKS ON PRIVATELY OWNED PROPERTY WITHIN THE DISTRICT. MPT/Herrera said she appreciated . staff's explanation. It bears repeating that this is the first time the City has paid for work that is the responsibility of the homeowners who are bound to take care of the grounds and street maintenance. In this instance, LA County Fire Department has reiterated to, the City that it must take care of this problem because the City is entering a fire season. AUGUST 18, 2009 PAGE 6 CITY COUNCIL MPT/Herrera moved, C/Chang seconded, to approve appropriation of $43,000 from General Fund Reserves to LLAD No. 41 for brush removal services for newly required fire breaks on privately owned property within the district and to direct the City to pursue every avenue possible to collect the money from the HOA to reimburse the City in order that this matter not set a precedent for other HOA's to request the City to pay for services that are intended to be provided and paid for by the HOA. 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 ADOPT RESOLUTION NO. 2009-38: FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. CDD/Gubman reported that as the City does every year about this time, Community Development and Public Works staff has prepared a CMP Compliance Report and is asking that the City Council adopt a Resolution finding D.B. to be in compliance with the Los Angeles County Congestion Management Program (CMP). All counties in the state are required to have a congestion management program in place. CMP's are mandated under the provisions of the Traffic Congestion Relief and Spending Limitation Act of 1990. The two main goals of the CMP are 1) to mitigate traffic impacts in the County associated with new development and 2) to develop a partnership among transportation decision -makers on devising appropriate transportation solutions that include all modes of travel. The Metropolitan Transit Authority (METRO) is the agency preparing the CMP for LA County. D.B. along with all other local agencies is required to meet the program requirements in the CMP in order to be eligible to receive State gas tax funds and to maintain eligibility for other transportation funding. D.B. has thus far received $1.3 million in gas tax monies from the prior fiscal year. The CMP program mandates self -certification at the local level through the adoption of a Resolution demonstrating the City's compliance with the 2009 CMP and submittal of the local - development report to METRO. A public hearing is required prior to adopting this Resolution. As described in staff's report and the AUGUST 18, 2009 PAGE 7 CITY COUNCIL attached Resolution as well as, the local development report, D.B. remains in compliance with the CMP for LA County and therefore, staff recommends that the City Council adopt the Resolution. M/Everett opened the Public Hearing With no one present who wished to speak on this item, M/Everett closed the Public Hearing. C/Tye moved, C/Tanaka seconded, to adopt Resolution No. 2009- 38: Finding the City of Diamond Bar in conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in accordance with California Government Code Section 65089. 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 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said that he has enjoyed the Concerts in the Park and Movies under the Stars and that tomorrow will be the last opportunity for residents to attend these events this year. He attended the Parks Master Plan forum and received an update. He and M/Everett joined firefighter Mark Hanna for the open house honoring his retirement after 31 years of service at Station 121. He attended the 2009 Korean Music and Art Festival at CalPoly Theatre and the D.B. Youth Baseball Awards and picnic and baseball clinic and congratulated D.B.'s newest Eagle Scout, Andrew Johnston from Troop 730. He reminded motorists that with summer ending to drive carefully during the opening of the new school session. C/Tye asked residents to make every effort to attend the next phase of the Draft Parks Master Plan public forum on September 12. He hoped that residents would look at D.B.'s home improvement program, a great program that has the goal of enhancing and preserving single family residential neighborhoods. It is a great vehicle for those who need to rehabilitate their property. Residents who have questions about the program should contact the City's Community Development Department at 839-7030. It was just a few years ago that Thelma Melendez -de Santa AUGUST 18, 2009 PAGE 8 CITY COUNCIL Ana was introduced to the City Council and the area was excited to have her. She commented that her commitment was to be here for five years. - President Obama recognized her outstanding talent and energy and called her to report last Monday to the Department of Education in Washington, D.C. where she will serve as the Assistant Secretary for Elementary and Secondary Education.. It is rare to have someone that is that positive and that effective in such a short period of time. Now he believes that the U.S. Department of Education will benefit from what the Pomona Unified School District has benefited from over the last few years. Everyone wishes Thelma well. C/Chang said that during the past two weeks two incidents occurred that led to him receiving a number of telephone calls. He wanted to assure everyone that D.B. is still a very safe place to live. A home in The Country Estates was broken into and the woman of the house was slightly injured. The Sheriffs Department reported that during 2009 from January 1 to the end of June there were 129 burglaries. In 2008 during the same period there were 185 burglaries. Also on Saturday there was a small brushfire inside The Country Estates community and within an hour the fire department had it extinguished. Everyone needs to practice good weed abatement to prevent brush fires and worse. He echoed C/Tye's recommendation that residents in need avail themselves of the City's home improvement program. Last week there was a tremendous typhoon in Taiwan and in three days the typhoon brought an entire year's worth of rainfall. As a consequence, there are floods and landslides and villages are being wiped out and people are being buried. Emergency plans and preparedness is very important. He asked everyone to keep the victims and their families in their prayers. MPT/Herrera stated that as the City's representative to Foothill Transit she report that Foothill is taking steps to improve the company, their vehicles and the environment by adopting sustainability standards. Foothill has mounted a comprehensive environmental protection plan in an effort to do their part to improve the planet. Foothill is replacing 40 -year old glass windows with double pane glazed windows to reduce heat and improve energy performance. In honor of the water shortage Foothill has installed special water -saving faucets. In order to reduce air pollution, 83 percent of their buses run on compressed natural gas and the goal is to have 100 percent of their buses running on compressed natural gas by 2011. Foothill's two operations and maintenance facilities employ cutting-edge green technology using 70 percent recycled water soon to be replaced with a 100 percent recycled water model. Also, Foothill has embarked on a contract to have electric buses, the first in California and in 2010 they will have three electric buses on lithium ion batteries. These buses will be constructed in Colorado. She is proud to be part of Foothill Transit, a -- service provider that is constantly striving .to improve service to their customers and AUGUST 18, 2009 PAGE, 9 CITY COUNCIL reduce congestion on the streets. As an example, the Silver Streak runs from Pomona to downtown LA so that commuters do not have to endure freeway congestion. More individuals need to avail themselves of public transportation. M/Everett joined his colleagues in inviting everyone to participate in tomorrow night's final Concert in the Park and Movies Under the Stars sponsored by the Diamond Bar Community Foundation. Miss Diamond Bar and her Court and the Historical Society have been regular attendees and service providers at each of the Concerts and Movies. The Parks Master Plan public meetings provide one of the most significant opportunities for residents to participate in this excellent and thoughtful document. The Draft Master Plan is available online at the City's website. He felt this document was a significant opportunity toward making D.B. "Country Living" in 2010. There are many opportunities for green open spaces and programs in D.B. Please take time to preview the document and attend the September 12 public meeting. M/Everett had the privilege of attending the last Pomona Unified School District Board meeting during which Superintendent Melendez served. In three years her accomplishments were phenomenal. She leaves a district that has never been stronger and many of the leaders are still in place. He stated that he realized that uniformed Sheriff's Officers meet twice a month for driver training at Calvary Chapel. He spoke to C/Chang's comments about Taiwan and the devastation of the typhoon. He too extended his best wishes to the individuals and families that were impacted. His prayers go out to them. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 7:57 p.m. J� /1-i TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this ist day of sel2tember 2009. RON EVERETT, MAYOR MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 18, 2009 STUDY SESSION: 5:30 p.m. - Room CC -8 of the SCAQMD/Government Center. ► Pavement Management Systems Overview and Discussion. Public Comments: None Offered. CALL TO ORDER: Mayor Everett called the Regular City Council meeting to order at 6:39 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: M/Everett led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church 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 Jenk ins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Rose, Community Services Director; Linda Magnuson, Finance Director, Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager; Lauren Hidalgo, Public Information Specialist; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Chang proclaimed September 2009 as "LA County Fair Month" and presented Dwight Richards, Vice President of Operations for the Fairplex with the Proclamation. BUSINESS OF THE MONTH: 1.2 C/Tanaka presented a City Tile to Barbara Lewis, owner, Cyclone Services, 23441 Golden Springs Dr., as Business of the Month for August 2009. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano reported that during tonight's Study Session the City Council received an excellent presentation by SCE/Yee and Pete Bucknam with Bucknam & Associates on the quality and condition of AUGUST 18, 2009 PAGE 2 CITY COUNCIL pavement throughout the community and plans for addressing deficiencies and maintaining the high level of quality the City enjoys for the next several years. 2.1 CM/DeStefano introduced Mike Holmes, General Manager, Walnut Valley Water District and Scarlett Kwong, member of the Walnut Valley Water Board of Directors. Mr. Holmes thanked the City for the article in the City's newsletter and for the interest in water conservation. He reported on the state of water conservation- in the San Gabriel Valley and what the Governor and the State legislature are doing to address the water issues. He stated that on a positive note, for the first time since 2002 the Colorado River has 1 million acre feet available for delivery, most of which will go to agriculture along the Colorado River and that the MWD will get its full allotment across its aqueduct. Withdrawals have been reduced from surface water reservoirs. Locally, the permanent water conservation measures were approved and MWD has a water shortage response condition that is in stage one. MWD is attempting to avoid a two million dollar penalty by using average amounts of water. Permanent water conservation measures are common sense measures that all can practice and are listed on the WMD website. MWD is also working with the school districts to assure reduction of watering as well as the cities of Walnut and D.B. on landscape irrigation reduction. He commended the City of Diamond Bar under the leadership of CM/DeStefano for letting the MWD use its marquis and for the City's participation in water conservation. After one month of conservation efforts, based on a three-year average for the month of July, water purchases were reduced by 13% and this was the hottest July on record. He thanked everyone for their help. MPT/Herrera thanked Mr. Holmes for attending tonight's meeting and sharing the information. What needs to be re-emphasized to residents is that even though we have done a good job conserving in July the effort continues and everyone needs to continue this effort every month for the next couple of years. M/Everett asked where he could obtain copies of the charts Mr. Holmes presented tonight. Mr. Holmes responded by stating that the charts are available on the WMD's website, they were included in last month's mail out and will also be included in next month's mail out. AUGUST 18, 2009 PAGE 3 CITY COUNCIL 3. PUBLIC COMMENTS: Resident Allen Wilson questioned Consent Calendar Items 6.6 and 6.7 and requested that those items be pulled for further discussion. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Mr. Wilson's question regarding Consent Item 6.6 stated that this is a unique circumstance to the City because D.B. does not have the same benefit plans as do other cities that have PERS retirees on their City Council. Staff is suggesting the item revert to 2005 when the Council Member retained his seat on the City Council. Whether or not this has a positive or negative effect on the City Council portion of the overall City budget, this in effect has a positive effect because the conclusion that staff is recommending is actually less than the budgeted amount set forth for all five Council Members who are all treated equally. This particular Council Member's situation did not allow for the benefit to be received. The modification results in an increase in an amount the Council Member is receiving but overall, it is a significant decrease from what other Council Members are receiving. Therefore, in his opinion, it has a net positive effect. With respect to Item 6.7 CM/DeStefano responded that the area being considered for increased brush removal is a result of a recent change in policy and direction from the fire department. CSD/Rose reported that the Lighting and Landscape Assessment District was established by LA County in the 1980's. The City took over the responsibility of those districts when the City incorporated in 1989. For 20 years the City has been maintaining those districts according to a hand drawn map that was provided by LA County staff in 1989 and at that time the fire breaks that are now being required by LA County were not a part of that maintenance plan. LA County recently reviewed the fire breaks in this property and they are requiring 200 ft. fire breaks from the homes throughout the district. In many areas of the District the City already maintains fire breaks of only 100 ft. In the areas in question, it amounts to an additional 100 ft. of vegetation removal. In the remaining areas there have been no fire breaks maintained by the City as part of the district work. Neither of the homeowners associations in those areas are used to collecting assessments from their members because they have depended on the City to collect the assessment and provide the service for the past 20 years. Legally, the homeowner association is the owner of the property and they are ultimately responsible for this work. The City needs to work out the matter of who will ultimately pay for the assessment. Since it is August and fire season is fast approaching it is staff's view that it is more prudent to get the fire breaks cut before the Santa Ana winds kick up and then discuss the matter of how the City will recover the cost of this work. AUGUST 18, 2009 PAGE 4 CITY COUNCIL 5. SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park — August 19, 2009 — 6:30 — 8:00 p.m. Hollywood U2 (U2 Tribute) - Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 Movies Under the Stars — August 19, 2009 — Bolt — immediately following concerts in the Park, Sycamore Canyon Park, 22930 Golden Springs Dr. 5.3 "Teen Night Out" — August 21, 2009 — 6:00 —10:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr., sponsored by DB 4 -Youth In Action. 5.4 Planning Commission Meeting —August 25, 2009 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 Parks and Recreation Commission Meeting — August 27, 2009 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.6 City Council Meeting — September 1, 2009 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.7 Caltrans SR 57/60 Confluence Project Public Meeting — September 2, 2009 — 5:00 p.m. to 9:OOp.m. — Diamond Bar Center Main Ballroom, 1600 S. Grand Ave. 5.8 National Parks Service — San Gabriel Watershed and Mountains Special Resource Study Public Meeting — September 2, 2009 — 7:00 p.m. to 9:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded, to approve the Consent Calendar as presented with the exception of Item 6.7 pulled by MPT/Herrera and with C/Tanaka abstaining from voting on Part C of Item 6.6. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Herrera, M/Everett NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of August 4, 2009 —Approved as submitted. — 6.1.2 Regular Meeting of August 4, 2009 — Approved as submitted. AUGUST 18, 2009 PAGE 5 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Workshop of June 23, 2009. 6.2.2 Regular Meeting of June 23, 2009. 6.2.3 Regular Meeting of July 14, 2009. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of June 25, 2009. 6.4 RATIFIED CHECK REGISTER — Dated July 30, 2009 through August 12, 2009 totaling $773,586.72. 6.5 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED THE CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL- 5455(013) IN THE AMOUNT OF $1,476,000 PLUS A CONTINGENCY AMOUNT OF $147,600, FOR A TOTAL AUTHORIZATION OF $1,623,600. (b) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO DMS CONSULTANTS, INC. FOR THE PREVENTATIVE STREET MAINTENANCE PROGRAM (ZONE 3 & ZONE 4 ARTERIAL STREET REHABILITATION PROJECT) FEDERAL PROJECT NO. ESPL-5455(013) IN THE AMOUNT OF $127,260, PLUS A CONTINGENCY AMOUNT OF $12,726 FOR A TOTAL AUTHORIZATION OF $139,986. 6.6 ADOPTED RESOLUTION NO. 2009-37: MODIFYING THREE SECTIONS OF THE COMPENSATION PLAN FOR ALL CLASSIFICATIONS OF EMPLOYMENT AND AMENDING RESOLUTION NO. 2008-20. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVE APPROPRIATION OF $43,000 FROM GENERAL FUND RESERVES TO LLAD NO. 41 FOR BRUSH REMOVAL SERVICES TO CREATE NEWLY REQUIRED FIRE BREAKS ON PRIVATELY OWNED PROPERTY WITHIN THE DISTRICT. MPT/Herrera said she appreciated ,staff's explanation. It bears repeating that this is the first time the City has paid for work that is the responsibility of the homeowners who are bound to take care of the grounds and street maintenance. In this instance, LA County Fire Department has reiterated to the City that it must take care of this problem because the City is entering a fire season. AUGUST 18, 2009 PAGE 6 CITY COUNCIL MPT/Herrera moved, C/Chang seconded, to approve appropriation of $43,000 from General Fund Reserves to LLAD No. 41 for brush removal services for newly required fire breaks on privately owned property within the district and to direct the City to pursue every avenue possible to collect the money from the HOA to reimburse the City in order that this matter not set a precedent for other HOA's to request the City to pay for services that are intended to be provided and paid for by the HOA. 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 ADOPT RESOLUTION NO. 2009-38: FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. CDD/Gubman reported that as the City does every year about this time, Community Development and Public Works staff has prepared a CMP Compliance Report and is asking that the City Council adopt a Resolution finding D.B. to be in compliance with the Los Angeles County Congestion Management Program (CMP). All counties in the state are required to have a congestion management program in place. CMP's are mandated under the provisions of the Traffic Congestion Relief and Spending Limitation Act of 1990. The two main goals of the CMP are 1) to mitigate traffic impacts in the County associated with new development and 2) to develop a partnership among transportation decision -makers on devising appropriate transportation solutions that include all modes of travel. The Metropolitan Transit Authority (METRO) is the agency preparing the CMP for LA County. D.B. along with all other local agencies is required to meet the program requirements in the CMP in order to be eligible to receive State gas tax funds and to maintain eligibility for other transportation funding. D.B. has thus far received $1.3 million in gas tax monies from the prior fiscal year. The CMP program mandates self -certification at the local level through the adoption of a Resolution demonstrating the City's compliance with the 2009 CMP and submittal of the local — development report to METRO. A public hearing is required prior to adopting this Resolution. As described in staffs report and the AUGUST 18, 2009 PAGE 7 CITY COUNCIL attached Resolution as well as, the local development report, D.B. remains in compliance with the CMP for LA County and therefore, staff recommends that the City Council adopt the Resolution. M/Everett opened the Public Hearing. With no one present who wished to speak on this item, M/Everett closed the Public Hearing. C/Tye moved, C/Tanaka seconded, to adopt Resolution No. 2009- 38: Finding the City of Diamond Bar in conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in accordance with California Government Code Section 65089. 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 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said that he has enjoyed the Concerts in the Park and Movies under the Stars and that tomorrow will be the last opportunity for residents to attend these events this year. He attended the Parks Master Plan forum and received an update. He and M/Everett joined firefighter Mark Hanna for the open house honoring his retirement after 31 years of service at Station 121. He attended the 2009 Korean Music and Art Festival at CalPoly Theatre and the D.B. Youth Baseball Awards and picnic and baseball clinic and congratulated D.B.'s newest Eagle Scout, Andrew Johnston from Troop 730. He reminded motorists that with summer ending to drive carefully during the opening of the new school session. C/Tye asked residents to make every effort to attend the next phase of the Draft Parks Master Plan public forum on September 12. He hoped that residents would look at D.B.'s home improvement program, a great program that has the goal of enhancing and preserving single family residential neighborhoods. It is a great vehicle for those who need to rehabilitate their property. Residents who have questions about the program should contact the City's Community Development Department at 839-7030. It was just a few years ago that Thelma Melendez -de Santa AUGUST 18, 2009 PAGE 8 CITY COUNCIL Ana was introduced to the City Council and the area was excited to have her. She commented that her commitment was to be here for five years. President Obama recognized her outstanding talent and energy and called her to report last Monday to the Department of Education in Washington, D.C. where she will serve as the Assistant Secretary for Elementary and Secondary Education.. It is rare to have someone that is that positive and that effective in such a short period of time. Now he believes that the U.S. Department of Education will benefit from what the Pomona Unified School District has benefited from over the last few years. Everyone wishes Thelma well. C/Chang said that during the past two weeks two incidents occurred that led to him receiving a number of telephone calls. He wanted to assure everyone that D.B. is still a very safe place to live. A home in The Country Estates was broken into and the woman of the house was slightly injured. The Sheriffs Department reported that during 2009 from January 1 to the end of June there were 129 burglaries. In 2008 during the same period there were 185 burglaries. Also on Saturday there was a small brushfire inside The Country Estates community and within an hour the fire department had it extinguished. Everyone needs to practice good weed abatement to prevent brush fires and worse. He echoed C/Tye's recommendation that residents in need avail themselves of the City's home improvement program. Last week there was a tremendous typhoon in Taiwan and in three days the typhoon brought an entire year's worth of rainfall. As a consequence, there are floods and landslides and villages are being wiped out and people are being buried. Emergency plans and preparedness is very important. He asked everyone to keep the victims and their families in their prayers. MPT/Herrera stated that as the City's representative to Foothill Transit she report that Foothill is taking steps to improve the company, their vehicles and the environment by adopting sustainability standards. Foothill has mounted a comprehensive environmental protection plan in an effort to do their part to improve the planet. Foothill is replacing 40 -year old glass windows with double pane glazed windows to reduce heat and improve energy performance. In honor of the water shortage Foothill has installed special water -saving faucets. In order to reduce air pollution, 83 percent of their buses run on compressed natural gas and the goal is to have 100 percent of their buses running on compressed natural gas by 2011. Foothill's two operations and maintenance facilities employ cutting-edge green technology using 70 percent recycled water soon to be replaced with a 100 percent recycled water model. Also, Foothill has embarked on a contract to have electric buses, the first in California and in 2010 they will have three electric buses on lithium ion batteries. These buses will be constructed in Colorado. She is proud to be part of Foothill Transit, a -- service provider that is constantly striving .to improve service to their customers and AUGUST 18, 2009 PAGE 9 CITY COUNCIL reduce congestion on the streets. As an example, the Silver Streak runs from Pomona to downtown LA so that commuters do not have to endure freeway congestion. More individuals need to avail themselves of public transportation. M/Everett joined his colleagues in inviting everyone to participate in tomorrow night's final Concert in the Park and Movies Under the Stars sponsored by the Diamond Bar Community Foundation. Miss Diamond Bar and her Court and the Historical Society have been regular attendees and service providers at each of the Concerts and Movies. The Parks Master Plan public meetings provide one of the most significant opportunities for residents to participate in this excellent and thoughtful document. The Draft Master Plan is available online at the City's website. He felt this document was a significant opportunity toward making D.B. "Country Living" in 2010. There are many opportunities for green open spaces and programs in D.B. Please take time to preview the document and attend the September 12 public meeting. M/Everett had the privilege of attending the last Pomona Unified School District Board meeting during which Superintendent Melendez served. In three years her accomplishments were phenomenal. She leaves a district that has never been stronger and many of the leaders are still in place. He stated that he realized that uniformed Sheriffs Officers meet twice a month for driver training at Calvary Chapel. He spoke to C/Chang's comments about Taiwan and the devastation of the typhoon. He too extended his best wishes to the individuals and families that were impacted. His prayers go out to them. ADJOURNMENT: With no further business to conduct, M/Everett adjourned the regular City Council meeting at 7:57 p.m. t �L� TOMMY12 CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 1st day of September 2009. ONE' .O O.