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HomeMy WebLinkAbout3/18/2003 Minutes - Regular Meeting1 J 1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MARCH 18, 2003 STUDY SESSION: M/Herrera called the Study Session too der at 5:06 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. ♦ Street Sweeping Public Comments Present: Council Members Chang and Zirbes, ayor Pro Tem Huff and Mayor Herrera. Council Member O'Connor arri ed at 5:12 p.m. Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Linda Smith, Development Services Assistant; Joe Maxey , Lt., Walnut Sheriff; Fred Alamolhoda, Senior Engineer and Sharon G mez, Management Analyst. 1) Six-month review of the City's Street Sweeping Program and possible modification. I PWD/Liu presented three options for Council's consideration: Option 1 - Modification of the current program with the foll components: a) b) C) d) -01 Citywide Signage - changes with variations ranging from a cost of $12,000 to $200,000. staff recommended installation of additional signs at a cost of $12,000. School Areas, High -Density Residential A was, Commercial Areas - changes utilizing a variety of methods within identified pocket areas will require different routes for the contractor and some will require different days and times within the neighborhood. Staff recommended revising the program as described in Attachment 1 to the taff report for a total cost of $32,000. The contractor Dost would be $9,000, to be absorbed in the current 2002- 03 budget. Signage costs would be $23,000. Warning Citation - for first time offei der (contractors/service providers/visitors. Penalty Amount - To reduce penalty amount, a new street sweeping parking section of the Municipal Code and revision to the fee schedule at a public hearing is required. MARCH 18, 2003 PAGE 2 CC STUDY SESSION Option 2 - Modification of the current program by decreasing the 5 112 -hour window to 4 -hour window. Requires a revision to the sweeper's route, re -timing the schedules and re-signing the City. a) A 4 -hour window was presented for the current equipment service level. The minimum signage is estimated at the entrances to each street or proposed at $97,000, Scenario 2. Within these new time zones, the schools, the high-density areas, etc. would be reviewed. b) The increased cost of the contract is 10% (or less) of the existing budget of $130,000 - no more than $13,000 yearly. Option 3 - Modification of the program by alternate side sweeping (citywide). This requires a revision to the sweeper's route, re -timing the schedules and re-signing the City. a) The signage is estimated on each side of the street with cost estimates from $194,000 to $398,000. b) The increased cost of the contract is approximately 50% of the existing budget - or $65,000 c) The proposed amount of this modification is estimated between $259,000 and $463,000. C/Zirbes favored Option 2 because it seemed to respond to public complaints and concerns. He suggested that the City install signs at every street. Overall, the program seemed to be working. He was concerned about multi -family areas and suggested that staff take a survey of the residents of the multi -family areas to gain insight about what they want. He also liked the possibility of lowering the citation fee. Of the eight cities polled, the average citation cost is $36. Overall, residents are very happy with the program. They like having the streets cleaned up. PWD/Liu responded to C/Chang that Option 1 includes, in the projected additional cost, alternate side street sweeping for specific areas. C/Chang stated that many residents who call or email the Council indicate that they do not have a place to park. He felt it was better to give them an option for alternate side street sweeping. He also liked the fact that service providers and visitors would be able to secure a first-time waiver. He agreed that there should be more signs on the streets. He hoped the Council would agree to reduce the citation penalty amount from $50 to $30. He commended staff on the thorough report. MARCH 18, 2003 PAGE 3 CC STUDY SESSION C/Chang responded to M/Herrera that he favored Op ion 1 depending on the citation amount and how many additional signs should be installed. MPT/Huff expressed concern about the portion of Option 2 in that the first 4 -hour period starts at 7:00 a.m. That would be a pr biem for residents. The waiver for first-time offenders is good if the City's technology could accommodate that It would be benefi iai if officers were a little friendlier in their enforcement efforts. There should be a cap on the number of times out-of-town visitors could avoid a citation, especially in the event of home-based businEisses, etc. He believed the penalty was too high and he would be inclined to favor $25-$30. He was still concerned about how to handle RV's, especially for those who had no parking on Frida s or Mondays. It takes time to get one's outfit rigged in order to C et on the road. Conversely, it takes time to clean up the rig efore returning it to the parking lot. Additionally, construction workers, day-care providers, nurses, other domestics, etc. need to be accommodated. The alternate side sweeping solves all of hese little problems in spite of the fact that the cost is high. MPT/Huff responded to M/Herrera that he basically favored 9ption 3. C/O'Connor said the Council should be aware of how many complaints the City has actually received. There are 1E,000 residences - 5000 tickets have been issued, 14% of those cit ions have been appealed and a number of cites have been dismi If the City made massive changes to the established it sed. policy, likely cause confusion. The majority of residents have gotten ould ised to the program as it exists. There will always be exceptions 3uch as for RV's and the City needs to work with those exceptions. She did not feel that everything outlined in Option 1 should be done but if she had to select an option, it would be Option 1. She ag eed that the, penalty should be reduced. This program is not intended to be a money making venture for the City. She agreed that se ice people should not be ticketed. With respect to domestics, p pie should change their cleaning day if it interferes with the s reet sweeping program. She felt the Sheriff's officers were reasonable with respect to issuance of citations. The residents who live around schools are pleased that their streets are clean. However, the do not necessarily want to have to have the street sweeping in iheir neighborhoods more than one time a week. She did not bel eve street sweepers should be in neighborhoods before 7:00 a.m. and she was not aware of any school that was not located ip a residential area. She suggested that street sweeping be condo ted MARCH 18, 2003 PAGE 4 CC STUDY SESSION between 3:00 and 5:00 p.m. after school closes. She cautioned the Council about making extreme changes when the majority of the citizens have become used to the current program. People who have five or six cars and complain about lack of parking have to take responsibility for their situation. She asked if Council and staff really believed that by adding one more sign on a light post higher than the signs are at this time, it would make a difference. We all tend to forget and leave our cars on the street once in a while. It is . bound to happen. M/Herrera said she also favored Option 1. She felt that the penalty amount was okay because it is supposed to hurt so that one does not repeat the offense. Since there are four Council Members who favor reducing the citation amount and have referred to a penalty of $30, it is likely that it would be implemented. She asked Sheriff's representatives how the City might handle the RV problem. Lt. Maxey indicated that, in the City of Walnut, for instance, people obtain a permit from the Sheriff's Department for a certain period of time. C/O'Connor asked how many complaints have been about RV's. Lt. Maxey said it would be important to determine what constitutes a motor home. in some instances, people use six passenger vans for camping. MPT/Huff said that in a typical scenario, RV owners would retrieve their motor home on Thursday evening, start the refrigerator and begin filling the vehicle for a trip so that as soon as they get off work on Friday they are prepared to leave. He said that one person spoke about his RV during public comments. Just because people do not speak out does not mean that they are not irritated. We have to be careful when we make such an argument because they look to the City and the Council to protect their interests. C/Zirbes suggested that the City take a look at how to make it as easy as possible for people to live their daily lives in a usual manner. MPT/Huff believed the City was still trying to come up with an idea about what "oversized" meant. C/O'Connor could see how some people would abuse the privilege. 1 MARCH 18, 2003 SESSION PAGE 5 CC STUDY C/Zirbes said he would like to see signage at every street because he felt it would lower complaints. If you see signs every day it becomes imbedded in the mind and habits of the residents. C/O'Connor did not believe that by adding another sign to each street would stop the abuse and complaints. The only wayt stop the behavior is to place a sign on every light pole. C/Zirbes said he would be willing to try one more sign to bring do, the level of complaints. 2) Public Comments Jerry Hamilton said he and his wife are the silent majority. They are very satisfied with the program as it currently exists and they have never had such clean streets. He believed that alternate side street parking would lead to problems with people parking across driveways and trash going down the drain that day. When you start changing codes it can lead to a lot of problems. He stated that this is one of the best Council's he's seen in D.B. He wondered ifother cities that resorted to alternate street side sweeping resulted in meeting State subventions. Residents have never been told how much each parcel would have to pay if fines were imposed. The City should hold on to its money. The State will cut back fundi g to cities. The street sweeping law is good as it stands. Audrey Hamilton said she is satisfied with the program and a kec the Council not to lower the rate. The current fee is what makes people really stop and think. If you impose alternate sides reel sweeping you'll have trash moving from one side to the othe . If 25% of the streets are cul-de-sacs, does that mean you'll have the street sweeper come down one side of the street, pick up trash and then the 'next day come back and sweep the other side of the street? That would be a big waste. It doesn't seem to make any sense. If people would clear out their garages so that they c uld park their vehicles, they would have the off-street parking hey need. Clyde Hennessee felt that the only thing wrong with the progra. the onerous fine. The entire idea of the program was to get illi cars off of the streets and comply with federal standards to k garbage and trash out of the sewers. So, let's not compound problem by making changes. is the MARCH 1S, 2003 PAGE 6 CC STUDY SESSION 3) Further Council Discussion: C/O'Connor asked if staff was aware of the cost of hand-held ticket dispensing units. CM/Lowry responded that the cost could be in the area of $10,000 or $20,000. It would depend on the number of units and cost of the software program. M/Herrera asked if COPS or other special law enforcement funds could be used toward the purchase. CM/Lowry said staff has been researching hand-held units as well as larger applications for all traffic enforcement. In certain cases, those types of funds could be used. C/O'Connor felt the technology could be helpful for tracking purposes and would like staff to investigate the possibility further. Lt. Maxey said that for traffic enforcement throughout California, hand-held units are $3,200 plus a fee of $4,000 for software support, a paper trail, etc. CM/Lowry explained that hand-held technology has expanded to the point that information regarding the vehicle and whether it had previously received a parking citation in the City of D.B. would be instantaneously available to the CSO or deputy. Staff does not yet know whether this type of technology is available for $4,000. Maybe for $4,000 you can issue tickets because that technology has been available for about 15 years. But having access to the motor vehicle data bank and history of citations may not be as financially available to the City. MPT/Huff pointed out that with the number of dead spots in the City, there would not necessarily be accessibility to any on-line information. C/O'Connor said she envisioned the system working like her Palm Pilot with her specific information being available. The City would have a system unique to its own information. C/Zirbes also felt that the City could control the software and input information essential to patrolling its streets only. CM/Lowry agreed with C/O'Connor that the City could enter its own information and retrieve data accordingly. 1 1 [1 MARCH 18, 2003 SESSION PAGE 7 CC STUDY DCM/Doyle suggested that staff members investigate the possibilities offered through current and potential technology, btain a unit and test it before making a commitment to determine w iether it was capable of capturing the desired information, CM/Lowry felt that there could be some connectivity between the system and the City's permit processing. People in D.B. do not have to have a business license. In other cities, they have to have a sticker on their car in order to park on residential streets. She also felt that if people were granted passes they would under tand they were to not leave trash at curbside. M/Herrera asked if the Council had clarified that every first time offender does not get a ticket, to which CM/Lowry responded "No." M/Herrera stated that Council should clarify that matter for staff through the voting process at tonight's regular meeting. C/O'Connor felt that the appeal process would take ca a of offenders who had just moved into the City and might not now about the street sweeping policy. ADJOURNMENT: With no further business to M/Herrera adjourned the Study Session at 6:18 p.m. ATTEST: CAROL HERRERA, Mayor LYNDA BURGESS, City Clerk uct, 'J G L MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 18, 2003 CLOSED SESSION: None STUDY SESSION: M/Herrera called the Study Session to order at 5:06 p.m., in Room CC -8 of the South Coat Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. ♦ Street Sweeping ♦ Public Comments Present: Council Members Chanc and Zirbes, Mayor Pro Tem Huff and Mayor Herrera. Council Member O'Clonnor arrived at 5:12 p.m. Also present were: Linda Lowry, City Manager; Mike Jenkins City Attorney, James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Dir ctor; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Linda Smith, Development Services Assistant; Joe Maxey, Lt., Walnut Sheriff; Fred Alamolhoda, Senior Engineer and Sharon Gomez, Manage ent Anal st. ADJOURNMENT: 6:18 p.m. MlHerrera adjourned the at CALL TO ORDER: MlHerrera called the regular City C unci) meeting to order at 6:38 p.m. in the South Coast Air Quality Manage ent District/Government Center Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge of Alleg M/Herrera. INVOCATION: The Invocation was given Sakr, Ph.D, Islamic Education Center. ROLL CALL: Council Members Zirbes, Mayor Pro Tem Huff, Mayor Herrera was led by y Ahmed H. 0'c4nor, Also present were: Linda Lowry, City Manager; Mike Jenkins, City At James DeStefano, Deputy City Manager; David Doyle; Deputy City Me David Liu, Public Works Director; Bob Rose, Community Se ices Di Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As presented. ey; ler; .or; MARCH 18, 2003 PAGE 2 CITY COUNCIL SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presented Certificates of Appreciation to outgoing Community Foundation Members Daniel Oaxaca and Allen Wilson. The Certificate for Matthew League will be forwarded to him. 1.2 Proclaimed March 30 — April 5, 2003 as "Safety Seat Checkup Week." 1.3 Presented City Plague to the Diamond Bar Toastmasters Club celebrating their 25t Anniversary. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: M/Herrera asked the Council whether they would be interested in scheduling a discussion regarding "subject matter jurisdiction" during public comments at the next regular Council meeting on April 1, 2003. No Council Member acknowledged their desire to have this matter placed on the agenda. Tina Javid, Public Affairs Manager, The Southern California Gas Co., liaison for D.B., introduced herself and outlined the company's commitment to the City. Nancy Lyons, President, D.B. Friends of the Library, announced that the Annual Wine Tasting Soiree would be held on Sunday, March 30, 2003 at the Shilo Hilltop Suites. She stated that this event is the major fundraiser for the group and allows the Friends to continue providing best seller collections for children's programs as well as other items not available through L.A. County. She thanked individuals who have forwarded their contributions. Tickets are available at the library, the library bookstore and at Century 21 E -N Realty. Steve Tye thanked Council Members for doing the job they were elected to do which is the business of the City and he appreciated their ability to remain focused. He felt that the press had mischaracterized the Mayor's direction at the March 4, 2003 meeting that a member of the public would not be permitted to express himself on matters not within the City's subject matter jurisdiction. He gratefully acknowledged Mayor Herrera's "grace under fire" and her ability to handle difficult and unique problems with class and dignity. He said he was proud of her and her colleagues. Any resident is free to express himself within the context of the meeting. He encouraged the Council to resist the veiled threat of a bully to get his way. Ted Meyers said he called Council Member Chang because his wife said he should try and be kind and work out his differences. After speaking to Council Member Chang, he realized Mr. Chang's concern went beyond his MARCH 18, 2003 PAGE 3 CITY COUNCIL trying to be nice. Now he is more determined because of corr munity s pport and he said he would just have to do what he had to do. He rad "The Divine Image" by William Blake. He also read portions of and commented on a San Gabriel Valley Tribune article. Council Members have a fi cal and olicy responsibility to allow people to talk about their concerns. Richard McKee, California First Amendment Coalition, spoke about the First Amendment and the War in Iraq. When the Council restrains speech because of the topic they have indicated on the "Voluntary Request to Address the City Council," it discriminates. It is a violation of First Amendment rights in this limited public forum. CA/Jenkins reported that he had sent Mr. McKee a letter that set fo h the City's policies relative to public participation in Council meetings and informed him that he believed the City's policies to be in full compliance with The Brown Act and with the First Amendment to the U.S. Constitu ion. Additionally, the way in which this City Council conducts its m etings is n full compliance. The Council allows five full minutes of comment, which is n his experience, very unusual. Most cities allow only two or three minutes This Council invites comment from the audience on any matter that is wft, in its subject matter jurisdiction. The First Amendment does not permit to use this as a forum for expression on any and all subjects any person In fact, case law is clear that the content of the subject matters raised duri g this m eting may be limited to those matters that are within the Council's subject rhatter jurisdiction. Mr. McKee has unfortunately confused the difference behveen content and viewpoint. The Council can limit the topics that p ople raise and the Council can limit those topics that are within the subject matter jurisdiction of this City Council. Denise Amid said that, as a citizen she and others have local, state, nallional and international concerns. She votes for representatives she feels best represent her concerns for those issues. The Council is a non -:)artisan board elected to promote the best interests of the City of D.B. She felt that it is appropriate that the Council reserves its time addressing those issu for which they were elected. Her political views on national issues are tak an to Washington by representatives that have been elected to dos . She wi inted MlHerrera and Council Members to know that she supported their effo Is to limit this meeting to issues and concerns of this City. Jerry Hamilton asked residents to support the troops. Lydia Plunk asked the Council to consider a resolution in support o the troops and their Commander in Chief. M/Herrera interjected that Mrs. Plunk was "straying away" from the subject matter jurisdiction. MARCH 18, 2003 PAGE 4 CITY COUNCIL Johnson Lee, 1504 Autumn Hill Rd., said that a few weeks ago, he wrote to the Mayor about supporting the troops. After considering the issue, he believed that the Mayor and the Council were correct in explaining why it was not appropriate to express concerns about the war. He wanted it on the record that he felt the Mayor was very fair and reacted appropriately to his and Mr. Meyers' comments. In addition, he felt the street sweeping program was working well. Dr. Rhodes believed residents should support the troops. He felt that the City's stance on appropriate subject matter for Council Meetings was well stated by the City Attorney. He received an invoice from the Humane Society charging him $50 instead of the appropriate $20 veterinarian fee indicating a due date of April 5 along with a cover letter stating his fee payment is late. The $50 fee is for vicious animals and his animals are not vicious. In addition, the Humane Society has requested a $200 late fee but April hasn't arrived yet. He asked the City to look into the matter for him and seek a resolution to his problem. 4. RESPONSE TO PUBLIC COMMENT: M/Herrera asked Dr. Rhodes to give his documentation to DCMIDoyle and staff would investigate the matter. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — March 20, 2003 — 7:00 p.m., Room CC -8 - SCAQMDIGovernment Center, 21865 E. Copley Dr. 3.2 COUNTY HOUSEHOLD HAZARDOUS WASTE AND E -WASTE ROUNDUP — March 22, 2003 — 9:00 a.m. to 3:00 p.m., 1600 Bridgegate Dr. 5.3 PLANNING COMMISSION MEETING — March 25, 2003 — 7:00 p.m. Auditorium, SCAQMDIGovernment Center, 21865 E. Copley Dr. 5.4 PARKS AND RECREATION COMMISSION MEETING — March 27, 2003 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 E. Copley Dr. 5.5 COMPOSTING WORKSHOP — March 29, 2003 —10:00 a.m. —12:00 Noon, Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.6 BOYS & GIRLS TRACK MEET — March 29, 2003 — 8:20 a.m., Walnut High School Track, 400 Pierre Rd., Walnut. 5.7 CITY COUNCIL MEETING -- April 1, 2003 — 6:30 p.m., Auditorium, SCAQMDIGovernment Center, 21865 E. Copley Dr. MARCH 18, 2003 PAGE 5 CITY COUNCI 5.8 CITY EASTER EGG HUNT — April 19, 2003 — 8:30 a. —11:0a.m. — Hunt at 10:00 a.m. Pantera Park, 738 Pantera Dr. 5.9 CITY OF DIAMOND BAR 14TH BIRTHDAY CELEBRAI ION — A ril 27, 2003 —12:00 Noon to 6:00 p.m., Pantera Park, 738 Oantera D . 6. CONSENT CALENDAR: Moved by C/Chang, seconed by C/ irbes to approve the Consent Calendar. Motion carried by the foll wing Ro I Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirt es, MPT Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Joint Meeting with Traffic and Transportation ommissiOn of February 25, 2003 — As submitted. II 6.1.2 Regular Meeting of March 4, 2003 —As submi ed. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of February 11, 2003. 6.3 RECEIVED AND FILED PARKS & RECREATION OMMIS ION MINUTES: 6.3.1 Regular Meeting of January 23, 2003. 6.3.2 Study Session of January 30, 2003. 6.4 APPROVED WARRANTS -dated March 6, 2003 and arch 13, in an amount totaling $1,006,595.73. 6.5 SECOND READING AND ADOPTION OF ORDINANCE NO. 01(2003): AMENDING PROVISIONS OF THE CITY'S PURCHAISING SYSTEM INCREASING THE CITY MANAGER'S SPENDING AUTHORITY TO $25,000. 6.6 ADOPTED RESOLUTION NO. 2003-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR TWO PICNICS AELTERS1 AT PANTERA PARK AND DIRECTING THE CITY CLERK TO ADVERTISE FOR THE RECEIPT OF SEALED BIDS; UTHORI ED USE OF BOND ACT OF 2000 PER CAPITA GRANT FUNDS IN THE AMOUNT OF $120,000 AND RETURN TO GEN RAL FUND RESERVES THE $72,600 ALLOCATED IN THE 2002 03 FY MARCH 18, 2003 PAGE 6 CITY COUNCIL BUDGET FOR CONSTRUCTION OF THIS PROJECT. 6.7 APPROVED CONTRACT AMENDMENT NO.5 WITH DAVID EVANS AND ASSOCIATES, INC., IN THE AMOUNT OF $21,920 FOR REMAINING LANDSCAPE ARCHITECTURAL SERVICES RELATED TO FOUR MEDIAN AND PARKWAY LANDSCAPE IMPROVEMENTS. 6.8 ADOPTED RESOLUTION NO. 2003-13: APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTION OF GRAND AVENUE/SHOTGUN LANE (1600 S. GRAND AVE., DIAMOND BAR COMMUNITY/SENIOR CENTER) AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.9 AWARDED DESIGN, CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE AREA 5 SLURRY SEAL AND ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) PROJECT TO ADVANCED APPLIED ENGINEERING, INC. IN THE AMOUNT OF $46,886 AND AUTHORIZED A CONTINGENCY OF $4,700 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $51,586. 6.10 ADOPTED RESOLUTION NO. 2003-14 AUTHORIZING THE CITY MANAGER, IN RESPONSE TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S (MTA) 2003 CALL FOR PROJECTS, TO APPLY FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES GRANT IN THE AMOUNT OF $1,000,000 FOR GRAND AVENUE CONSTRUCTION AND CONSTRUCTION ENGINEERING. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF AMENDMENTS TO THE STREET SWEEPING PARKING PROGRAM — Report by CM/Lowry and PWD/Liu. Allen Mednick said that, while he and his wife support street sweeping, they have had problems with the current program that is onerous to residents, their visitors and maintenance workers. Also, there is no due notice posted on the streets. He recommended the City adopt an alternate side of the street program to avoid having to park vehicles entirely out of the affected area. He suggested that the mailings and communications to residents were inadequate. He did not receive the promised weekly communication nor the winter schedule announcement. MARCH 18, 2003 PAGE 7 CITY COUNCI Jerry Hamilton believed the Council would do what was rig t and encouraged them not to change the code based on i put from about 30 residents. Audrey Hamilton said that regardless of what alternative the Council adopts, it would cost a great deal of money. She was concerned about the state monetary recoveries for this program due to b dget constraints. There are a number of items on theCity's plate. that require money and attention and there would always be some unhappy residents no matter which program the Council adopted. It seemed to her that residents should take responsibili y for a& ering to the program and that the $50 ticket helped tweak tl ieir mem ries. She believed that everyone received annual schedul s in thei City newsletter. Walter Tees wanted to hear more about the options Offered by� staff because the current program does not work satisfact rile. II Clyde Hennessee agreed with prior speakers that tie fines were somewhat onerous. A few families have five or six cars and they should be able to park on their yards during street swE eping, He felt there had been adequate notification and also believec that he inight one day forget and leave his car on the street and ge a ticket $50 was too much to pay. C/Chang felt this matter had been thoroughly discussed duringstudy sessions. The purpose of the program is to keep the City's st eets clean and to comply with federal requirements and avoid pene Ities. On a positive note, the streets are now free of nuisance vehicleE. He recommended approval of Option No. 1 including a firs time offender waiver and the purchase of hand-held electronic ticketi ig devices for Community Service Officer(s), if the cost is in the $20,(00 range. He felt that signage should be doubled and that there shoo d be alternate street side parking for high density and commerd I. He fuher suggested that the penalty be reduced from $50 to $3 . In response to M/Herrera, PWD/Liu explained the thre� options Option 1 - Modification of the current program with the following components: a) Citywide Signage - changes with variations ranging from a cost of $12,000 to $200,000. Staff recommended installatic n of additional signs at a cost of $12,000. b) School Areas, High -Density Residential Areas Commercial Areas - changes utilizing a variety of methods within iden ified pocket areas will require different routes for the contractor and some will require different days and times within the neighborhood. Staff recommended revising the program as MARCH 18, 2003 PAGE 8 CITY COUNCIL described in Attachment 1 to the staff report for a total cost of $32,000. The contractor cost would be $9,000, to be absorbed in the current 2002-03 budget. Signage costs would be $23,000. c) Warning Citation - for first time offender (contractors/service providers/visitors. d) Penalty Amount - To reduce penalty amount, a new street sweeping parking section of the Municipal Code and revision to the fee schedule at a public hearing is required. Option 2 - Modification of the current program by decreasing the 51/2 - hour window to 4 -hour window. Requires a revision to the sweeper's route, re -timing the schedules and re-signing the City. a) A 4 -hour window was presented for the current equipment service level. The minimum signage is estimated at the entrances to each street or proposed at $97,000, Scenario 2. Within these new time zones, the schools, the high-density areas, etc. would be reviewed. b) The increased cost of the contract is 10% (or less) of the existing budget of $130,000 - no more than $13,000 yearly. Option 3 - Modification of the program by alternate side sweeping (citywide). This requires a revision to the sweeper's route, re -timing the schedules and re-signing the City. a) The signage is estimated on each side of the street with cost estimates from $194,000 to $398,000. b) The increased cost of the contract is approximately 50% of the existing budget - or $65,000 c) The proposed amount of this modification is estimated between $259,000 and $463,000. C/Zirbes suggested that Council consider each provision within each option. MPT/Huff agreed that the fee was too high. He felt $25 or $30 was more effective overall than $50. He supported increasing signage by two or three times. He was opposed to an earlier time (option 2), an inconvenience for people with later schedules. He agreed that the City should have a waiver for a first-time offender. He felt the purpose of the program was to take care of the streets and to be neighbor - friendly at the same time. He believed there was a greater problem in the area of schools, multi -family residences and commercial areas that needed to be addressed. He also felt construction personnel, lawn care personnel, housekeepers and guests fall outside of accommodations of the current program. Residents face serious problems on days they take their RV's to their homes to be outfitted and on days they return to their homes for clean out and he felt the MARCH 18, 2003 PAGE 9 CITY City should permit this type of activity as long as it v He believed that the alternate side approach would s problems. Although the up -front cost would be more, would be reasonable. CIO'Connor supported C/Zirbes' request to separately. NCI not at used. ,e all of those e overE II cost er eachl item MlHerrera said it appeared that the majority approved of most of the items in Option 1. Most believe there should be adc itional signage and the question is, how much signage. Option 1 propos s the purchase of 98 additional signs at a cost of $12,000. ClZirbes said he would like to consider signage as spelled :)ut in Option 2 with a sign placed at the entrance to every street. One of the biggest complaints from residents who have received ickets wE s that they could not see the signs and that only one sign wE s posted at the entry into each neighborhood. In addition, there are numerous problems associated with attempting to accommodate guest3 and service workers and the signage in Option 2 would serve as e daily reminder about their street limitations. MPT/Huff agreed with ClZirbes. He also believed that 50 additional signs should be factored in for the long major arterials. There have been 5,235 citations with only 89 forgiven so there are funds available to pay for additional signage. In response to MlHerrera, PWD/Liu explained that the cost (new sign/new post) would be about $130. If the signs soul be plac d on an existing post, the cost would be about $80. ClChang agreed that more signs should be installed that $97,000 was too much for the City to spend. U placed every 100 ft., people would continue to complai were not visible. The majority of the residents underst program and a few more signs and a little more ads solve the problem without spending $97,000. Also, t waiver for first time offenders, residents should be program. ClZirbes felt that the majority of the citations were residents. He would like to provide citiziens and non -r daily reminder by having signs posted at the entrance in each neighborhood. It is not the intent of the generate revenue. The goal is to clean up the streets the quality of the water flowing to the ocean. but hew rried Mess sigr s are 3 that the signs ind the current ;rtising s ould 1 includi g the okay wit the given to non- :sidents ith a to every 3treet ity Cour cil to End to im rave MARCH 18, 2003 PAGE 10 CITY COUNCIL Moved by ClZirbes, seconded by MPT/Huff to approve installation of approximately 800 signs (744 plus 50 additional) to be placed at entrances of each street. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - Chang, O'Connor, ABSENT: COUNCIL MEMBERS - None ClZirbes moved, C/Chang seconded to revise the program as described in Attachment 1 to alternative sides of the street in certain areas (schools, high-density residential areas and two commercial areas) and conduct a survey of the multi -family housing areas with staff conducting neighborhood meetings and deciding accordingly. CIO'Connor asked which schools would be swept before 7:00 a.m. Residents living adjacent to schools stated they did not want the sweeper in their neighborhoods before 7:00 a.m. and she felt it would be unfair for them to have to suffer that consequence. PWD/Liu explained that the eight schools swept prior to 7:00 a.m. are Walnut, Diamond Point, Armstrong, Quail Summit, Maple Hill and Evergreen. Golden Springs and Castle Rock would be swept after 3:00 p.m. CIO'Connor wanted to know what staff would do for residents living across from Diamond Point, Quail Summit, Evergreen and Castle Rock that have the street sweeper coming by their homes before 7:00 a.m. PWD/Liu said that in accordance with the Council's direction, staff would conduct a series of neighborhood meetings to determine the best course of action. CIO'Connor believed that residents should not be asked to bear the responsibility for the City's action and opposed changing street sweeping around schools to before 7:00 a.m. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - None Regarding warning citations for first time offenders, contractors, service providers, visitors, C/Chang moved, seconded by MPT/Huff to adopt staffs suggestion with a budget limit no higher than $25,000 i 1 MARCH 18, 2003 PAGE 11 CITY COUNCIL for electronic hand-held ticketing devices. The waivler can tl provided to first time offenders, contractors, service provide visitors and perhaps for new residents. i be and MPT/Huff suggested that there are two different issues --one is giving grace for the first offense and the second is a mechanism to implement that via an electronic hand -hand device. He as ed if C/Chang would be willing to split the issues. C/O'Connor asked if, absent the electronic proce s, a firs time offender would be determined through the appeal pr cess. CM/Lowry explained that staff would be open to direction from Council to conduct additional research and identify ways that re waivers stem could be implemented and administered and to determ ne what i pact the waiver system would have on the goal of sweepi ig the sheets. For example, one interesting aspect would be to determinE., how effective the program would have been to date if 9C% of the 5300 citations issued to date had been waived because they wer3 first offenses and what would the City's expense be to mair tain and lecord the data. Accordingly, would the outcome of the research justify the purchase of the hardware and software to implement the program as well as the impact to the enforcement routing of the CSOs. In response to M/Herrera, CM/Lowry indicated that th� City cu has no system in place to identify first time offenders. C/O'Connor believed the City should continue usi g the ppeal process to identify first time offenders until it co ld deter ined whether there is a software program available that wou d work f r D.B. C/Zirbes supported C/O'Connor's contention that the � should be conducted through the appeal system. If tl to place a sign on every street, the excuse that a ne, not aware of the program would be a moot point. The appropriate for a service provider and a non-resident take advantage of the appeal process. He felt that Cc better served to consider the types of tickets appropr The City has done more than many other cities we educating residents about the street sweeping progran should not be eligible for the waiver. He would be me looking at a waiver program promoted by C/Chang anc dovetailing CIO'Connor's desire to look at the pc electronic devices to increase the effectiveness of the aiver program City is going resident was +vaiver is more vho wisf ed to ancil wot ild be ate for w aiver. ild dot ward and res dents e comfo table MPT/Hu f and ential um of CSOs. MPT/Huff felt that the appeal process solved the pro lem. Tic eting officers should be allowed some discretion with res ect to s rvice workers and staff should continue looking for ways to improve he MARCH 18, 2003 PAGE 12 CITY COUNCIL system. MlHerrera clarified the motion: We're going to give a waiver to service providers, visiting nurses, etc. First time offenders will use the appeal process so they may be ticketed. Staff is going to look into the automatic ticket program and test it to see if the hand-held electronic devices are suitable to our needs. C/O'Connor stated that she understood that the Sheriffs Department is not currently ticketing service providers and asked Lt. Joe Maxey to explain how the CSOs are handling these types of situation. Lt. Maxey stated that CSOs and deputies use discretion regarding service providers, etc. No one has indicated to him that service providers had been cited. Allen Mednik reminded Council that the reason he came to speak this evening was because a service provider was cited at his house this afternoon. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, MlHerrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Chang moved, seconded by MPT/Huff to lower the penalty charge from $50 to $30. Motion carried by the following Rall Call vote: (Fine alteration must go through public hearing and amendment process for fee resolution before the new penalty could be effective). AYES: COUNCIL MEMBERS - Chang, O'Connor, MPT/Huff, MlHerrera NOES: COUNCIL MEMBERS - Zirbes ABSENT: COUNCIL MEMBERS - None 8.2 PANHANDLE DRIVE SEEPAGE INVESTIGATION REPORT — presentation by John Lohman and Doug Cook, Kleinfelder & Assoc. MPT/Huff left the room at 8:52 p.m. and returned at 8:54 p.m. Mr. Lohman reported that based on their study it is very unlikely that water would have spilled over from the Pulte Homes Development to the Panhandle Drive area. It is most likely that the conditions in and around Panhandle Drive are the result of local seepage or excessive water derived from nearby lots and slopes, a common occurrence in D.B. MARCH 18, 2003 PAGE 13 CITY COUNCIL C/Zirbes stated he reviewed the Kleinfelder & Associates report and conducted his own fieldwork. He asked Mr. Lohman to address the three fault lines that appeared to originate from the Pulte project and comment about whether those fault lines could contribute t flow toward the Panhandle area. Mr. Lohman responded that it was possible. The three fault lines were noted during grading of the Pulte tract in the 70's. The fault lines tend to contribute to the flow of water or cut it off so that it has to go somewhere else. ClZirbes commented that there seemed to be some overflow ust to the north of Crestview that would run off into the V ditch tha runs along Diamond Bar Boulevard. He asked if in their expert opinion the Kleinfelder representatives felt that the drainage located on the roject was correctly placed and installed. Mr. Lohman indicated there is minor concern about the state of disrepair of some of the drainage mechanisms. However, it does not appear to be impeding the drainage. The water is finding its way down through natural courses to the collection head all at the south end of D.B. Blvd. ClZirbes said he found a 1974 document, which referred to a Geotechnical firm that specifically identified a seepage problemat 750 Panhandle Dr., the Figueroa's lot. Those engineers made recommendations to the developer of the tract that certain drainage corrections should be placed on that property. He asked if Kiel elder knew if drainage devices were installed onto that lot. Mr. Lohman stated there is no record that drainage corrections were installed and that is not unusual because these types of items are handled in the field and taken care of without any comment from the county. ClZirbes explained that the Figueroa's have installed d ainage d vices in their back yard. Did Kleinfelder have an opportunit to obse a the effectiveness? Mr. Lohman responded that on numerous occasions they checked the drainage devices installed in the Figueroa's lot and found it of to be functioning well due to a blockage near the street. When the blockage was cleared, the device appeared to be dr6i ping free y. ClZirbes asked if the devices were improperly installe , could i draw water and create sogginess and dampness if not prope ly functi ning? MARCH 18, 2003 PAGE 14 CITY COUNCIL Mr. Lohman said it would have some effect in that the system was improperly installed (not deep enough or not in the correct location). It would collect water because water will seek its own level rather than go to a specific point. As long as the drain system has a positive flow, it should be somewhat beneficial. If it cannot drain fast enough or is not sloped enough to drain, it would collect and hold water. C/Zirbes asked why the water now? Mr. Lohman said it is difficult to answer that question. His firm has looked at several situations similar to this situation — not only in D.B. but in Walnut, Rowland Heights, Brea, etc. There is a reason why these cities have street names like Golden Springs, etc. There is a natural assemblage of materials that is going to be somewhat problematic to keep water moving in a steady course. It changes because some materials block water movement and others facilitate movement. Therefore, water would show up from time to time. These situations tend to get most of their water from irrigation in a developed area. The irrigation water that is put into most homes is far and above the amount of water gotten through traditional precipitation. When homeowners water their lawns, they introduce a lot of water into the. particular ground water regime and eventually, it has to find a way out. Knowing that the materials beneath the surface are so convoluted it is anyone's guess as to the path the water takes or how long it takes to go in one area and come out another. In D.B., the materials are not uniform so it could take days or months for water to go in one place and come out another place a few hundred feet away. Rocio Figueroa thanked the Council for conducting the study. The study was expensive and extremely informative and still there are a number of unanswered questions. She met with staff and Kleinfelder representatives last evening to discuss the study. She felt that if this were a localized problem it would get worse. People do not tend to change their watering habits. Her records indicate a fluctuation in the circumstances. When she mentioned this fact to Mr. Cook yesterday, he commented that this was not normal behavior. Preliminary investigation by the WV Water District did not indicate leaks. The problem began in 2001. There is common knowledge that the fault under the property provides a path of least resistance for water flow. She felt that the study did not rule out Pulte as the root cause, the only factor in a 27 -year old established neighborhood. She felt it was in the City's best interest to continue pursuit of the source of the problem. She recommended that Pulte be asked to pave the area from the collection points to the V -ditch to insure that no water is being added to the ground water. She appreciated the City's efforts and hoped the Council understood how disheartening it was for her to learn the results. Homeowners in the Panhandle area are left with a problem they never wanted or created and as a result of not learning L� MARCH 18, 2003 PAGE 15 CIT COUN IL the source of the problem and how to correct it, the homes in her neighborhood continue to decline in value. Juvencio Figueroa thanked the Council and staff for thei due diligence. He was disappointed and upset about the se tence "Panhandle Drive Seepage Investigation" contained within the -eport because it was not a Panhandle issue — it is a City of D.B. ISSL e. George Davidson, Wagon Trail Rd., thanked Council a d staff fc r their efforts. He wanted the Council to continue the investigation intil a conclusion was reached and the source of the water was four d. He asked Kleinfelder if the Pulte development was conclusively eliminated from being the source of this issue. John Lohman responded that within the bounds of their investi ation and knowledge, the likelihood of the Pulte tract development being responsible for the observed condition in the vicinity o Panhanc le Dr. is very small. The elements of physics, mechanics, transitivity of materials of flow through these kinds of bedrock materials lead to conclusions that would be much more likely — namely, that the -e are other avenues for this water to go. There is a path of least resistance the water would follow that would be much more likely to go down D. B. Blvd. or other locations than to cross the low-lying point bak into these materials and in some cases, uphill to the Panhandle Dr. area. Mr. Davidson said that even though the probability is low, the probability of a 27 or 28 -year old community suddenly experiencing a localized water flow problem appearing out of nowhere a year and a half ago would be low as well. Nothing should be ruled out. He asked if anyone has measured the amount of water that flows thro gh a drainage ditch pointed out on the overhead. He unde stood that one of the problems with conducting a simple dye test was that it was expensive and that the results might be inconclush,e becau a as water flows through, the dye could be filtered out. He won ered whether the dye test could be conducted now that 1he faults have been identified. He asked Council to continue investigating this matter. Laura Jurkosky, Wagon Trail Rd., said she understoc d that thi was a survey that only touched the surface. She has lived in herhOLsefor over 20 years and has never had a water problem. After Pulte, built homes she had to take her patio down because t e cemer t pad suffered huge cracks. Her driveway used to be flat. No her driveway slopes and portions are lifting. The walls oi her house are cracking and the counters in her house are coming loose fro the wall. She has observed half a street width of water coming dov Fri the street from the Pulte development. She asked Council to keep searching for an answer. MARCH 18, 2003 PAGE 16 CITY COUNCIL C/Zirbes stated that "we've looked at this, we've analyzed this, we've reached out, we've hired a professional consultant in Kleinfelder, who has advised you. Certainly, we feel for the people who live in that area. I don't know if we have a conclusive answer as to where the water is coming from and I don't know where the line gets drawn but we're elected by the people of this City and the residents of D.B. to make sure they're provided a safe and enjoyable quality of life, so I'm not really sure what staff wants to recommend to the Council at this point in time as to what, if any, steps should be taken by the City from this evening." CA/Jenkins explained that the City is responsible for the provision of certain types of services to assure a quality of life and it does provide those services. The City is not a guarantor of each and every person's private property. Judging from the expert written and oral testimony, he did not see any public purpose in further expenditure of public taxpayer dollars on this problem. While he understood and empathized with Mr. Zirbes' statement about this being a difficult problem for the people involved, it is not a public issue — this is a problem on private property. Our experts have determined that the possibility of the water coming from the Pulte development is "extremely remote." Public facilities are not at issue, they are not in danger, the City is not responsible for the issue and staff is recommending that the Council take no further action and leave it to the private property owners to address. As the City's legal counsel, he concurred with staff's recommendation. CIO'Connor explained that she has lived in her home since 1977 and the cracks that she repaired have returned. She has a cracked patio and there is water running down her street. She further explained that there were areas throughout the City that suffered from water seepage. While she appreciated the information provided by Kleinfelder & Associates, she believed that homeowners were ultimately responsible for their homes. She lives on a "failed" lot and has a crack running the distance of her foundation. As a homeowner, she must assume responsibility for the damage to her residence. M/Herrera said the City has researched the issue and found that there is no clear evidence that the water is coming from the Pulte development. The City has spent considerable public funds to investigate the matter. Staff and legal counsel have recommended that no further public funds should be spent on this issue and this subject is now closed. 8.3 CONSIDERATION OF ADOPTING A CITY COUNCIL CODE OF ETHICS OR CODE OF CONDUCT. MlHerrera proposed that a Council subcommittee be formed to study MARCH 18, 2003 PAGE 17 CITYCOUNGIL the matter of adopting a City Council Code of Ethics or Conc uct of Conduct. She appointed MPT/Huff as Chair and upon C/O'Co nor's declining the appointment, indicated that she would serve as the other member of the subcommittee. They will bring their recommendations to a future Council meeting for consideration. 9. COUNCIL SUB-COMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: M/Herrera stated that her son, who serves as a Captain in the Army, is home on a 24-hour leave. He spent the evening with the rest of her family arid she has not been able to be with him. "God Bless America and God bless our Children." She turned the meeting over to MPT/Huff and left the mee ing at 9:47 p.m. C/Chang stated that on March 11, he visited the senior group. They anted to know the status of the Community/Senior Center. He tol them th t the center should be completed sometime between December and February 2004. He commended DCM/Doyle and his staff for their dedicat on to moving forward with construction of the center. He walked the sit with DCM/Doyle and found everything to be moving along s oothly. The retaining wall was up and cement was poured. This week ar d next week, a great deal more cement will be poured. He and other Co attended Arbor Day festivities at Pantera Elementary School. ncil Members The scho I has been open for about six months and this was the first public a ent held here. He was pleasantly surprised at how well behaved and intellig nt the students were. He congratulated the principal and teachers for a job well d ne. Regarding public comments, he felt the issue was not abc ut the w ir but about freedom of speech and how the Council handles public: speakin . He supported the President and the troops and hoped the troops come iome safely; however, this is not really a subject for the Council agenda. C uncil has always let residents and non-residents speak on any sub ect. Sometimes speakers are from overseas. There is a five-minute time limit on public speaking. If that is too long, the Council can change it. Now, one person comes to the podium and we literally do not let him speak aSSL ming subjectively that he has something he wants to say that is outsid the jurisiction of the Council. As much as he disagreed with the spez ker's opinion on what he might want to talk about, he believed the peaker s iould be allowed to express his opinion. This Council supports sta a and na Tonal issues through resolutions and all of a sudden it said no to pubic speec . He did not agree with the way in which the matter was handled. Whe i the towers in New York were destroyed everyone expressed their opiniot and pain. Everyone supported the country and we let people alk abou this issue. Is his subject within D.B.'s jurisdiction? Additionally, how wi I this Council handle all public comments from this time forward? This Council cannot monitor or control what people talk about. This country res ects people's right to express their opinion regardless of whether we agr a or disagree. This Council has spoken about state and national issues inany times. The Council has attended national conferences and is IresponsiTle to respect people's opinion. If speakers misbehave, we have tho right to MARCH 18, 2003 PAGE 18 CITY COUNCIL interrupt their speech and carry on with the meeting. To subjectively deny a person the right to speak is not right. We can let people speak and then move on with the Council's business. In his opinion, at no time was the Council meeting out of control and unfocused. C/Zirbes agreed with C/Chang about freedom of speech. When the speaker wanted to speak on a matter outside the Council's purview, he was willing to give him his five minutes. However, he understood the Mayor's position that allowing such discussion could create an opportunity to spend a significantly longer period of time than the five-minute allocation discussing this matter. He supported the Mayor's decision and appreciated CA/Jenkins opinion. Over the past couple of weeks, he has been very busy. He reminded everyone that this Saturday evening the Miss D. B. Pageant would take place in the Mt. San Antonio auditorium. Tickets will be available at the door. He congratulated Mr. Chang and his wife for the work done on behalf of the Western College of Medicine. He asked Council to consider adjourning the meeting in support of D.B. residents who are engaged in the Middle East struggle. C/O'Connor attended the WCCA meeting on March 5. She advised Council that the Joint Powers Authority allowing LA County to join the WCCA Board is awaiting L. A. County Counsel approval after which the matter comes back to each of the member cities for approval. She attended the National League of Cities held in Washington D.C. last week. She attended many seminars regarding homeland security. She would like the City to pursue the grant program "Assistance to Firefighters" that provides funding for equipment and training. A Torrance Council Member asked whether the cities that contract with L.A. County Fire could apply for the grants or if the county had to apply. A response will be forthcoming. The Mayor is the presiding officer of Council meetings. Whether she agrees or disagrees, if the Mayor chooses to adhere to a policy that Council adopted it is her prerogative. MPT/Huff reported that while the National League was meeting he attended the Annual American Public Transportation Association in Washington, D.C. In addition to the meetings, he met with congressional representatives and staff members to plea the case for the gold line for the Council of Governments for Foothill Transit. The purpose was to seek grant funding to assist cities in the region to obtain funds to help partner with cities for structured parking lots for use with Park `n Ride. That program was funded and more information is forthcoming from Foothill Transit. This item is particularly critical this year because it is the start of the five or six year T21 process. The Alameda Corridor East became the single largest beneficiary at the last five year program in garnering $140 million. This year, the representatives were seeking $200 million. Congressman Dave Dreier is on board with the program. He serves as Chairman of the very powerful Rules Committee. All of the region's congressional delegation is behind the program. He and C/O'Connor met with Congressman Gary Miller who is a staunch supporter of regional programs. MPT/Huff said he firmly believed MARCH 18, 2003 PAGE 19 CIT COUN IL that the Mayor's actions regarding public speech was right, 1.1ven though he probably would have let the man speak. He felt that the Ma for was leading the meeting according to City written and public policies. In this country, people are free to speak their thoughts and beliefs but that does not mean the Council meeting is the forum for such expression. The Mayor ade a tough call and he backed her decision. 10. ADJOURNMENT: There being no further busi iess to cc nduct, MPT/Huff adjourned the meeting at 10:11 p.m. in honor oft ie Mayor's son and the other military troops supporting our nation in the Mii Idle East ATTEST: CAROL HERRERA, MAYOR 1 LYNDA BURGESS, CITY CLERK