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HomeMy WebLinkAbout11/1/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY CO NCIL STUDY SESSION N VEMBER 1, 2005 STUDY SESSION: at 5:30 p.m. in Room CC -8 District/Government Center, 21 Present: Mayor Chang called the Study Session to order 4 the South Coast Air Quality Management �5 Copley Dr., Diamond Bar, CA. Council Members Herrera, Tanaka, Zirbes, and Mayor Chang. Mayor Pro Tem O'Connor was excused. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Ken Desforges, IS Director, Linda Magnuson, FinanceDirector; Nancy Fong, Interim Community Development Director; Marsha loa, Public Information Manager; Kim Crews, Senior Management Analyst; Iyan McLean, Senior Management Analyst; Kimberly Molina, Assistant Eng neer; Isaac Aziz, Network/GIS Engineer and Tommye Cribbins, Executive Ass:. A. CITYWIDE WIRELESS ISD/Desforges gave a P Citywide Wireless Projc nationwide communicatior GNP by $500 billion and 1 relating to being a commui divided and shared by mu video)." Currently the fr, requirement that every res ECT )wer Point presentation on various types of ;ts via broadband access. Broadband, a system that is expected to increase the annual gad to 1.2 million new jobs is defined as "of or ications network in which the bandwidth can be :iple simultaneous signals (as for voice data or ichise agreement with Adelphia contains a fence in the City have cable service available. ISD/Desforges then talk d about the current available options. The existing franchise agreement does not preclude another company offering video service in the City. Only about 3,000 of the City's 16,000 households currently purchase broadband access from Adelphia and the City regularly receives complaints about the price of the service and in some cases, the quality of the connectio . The City receives no revenue from these installations and has nc control over rates and quality of service. ISD/Desforges further stated that the United States' access to broadband has dropped from number 3 to number 16 in the world and the U.S. is rapidly losing its ability to compete in technology on the world stage. ISD/Desforges reported th it essential that they bundl data and video services). technology that has the se to cover every home in the explained the pros and municipal WiFi and expla including cost, expense an .t the telephone and cable companies consider services to the consumer ("triple play" — voice, The City has other options such as wireless ne ability as the telecom and cable companies City at a much lower cost than in the past. He :ons of other types of technology including -ied the various types of deployment models I revenue as well as municipally owned NOVEMBER 1, 2005 PAGE 2 CC STUDY SESSION agreements and what D.B. would the City would face in providing SL ISD/Desforges responded to unconnected fiber that most c install, ring to the table as well as challenges i services. Jrbes that "dark fiber' is unused, have and require their developers to ACM/Doyle explained that as an example Adelphia runs its fiber down Grand Ave. the City was able to capture six strands of dark fiber to connect City Hall to the Diamond Bar Center. C/Zirbes asked if staff had contacted Edison or the County. ISD/Desforges responded that the and seemed to be very dedicated said he believed Southern Califorr looking at strategies to extract the has attempted to get Edison to un many other cities and that Edison s C/Zirbes said he found the c development standpoint but was existing businesses. Of the differ prefer the Municipal owned if the vertical asset owners for the folk would enhance the residences attracting new business. He would businesses like Sigma, for exarr provide that service to the busine: General Fund revenue. This we information and he felt there was subject. CM/Lowry explained that staff entering into serious discussions ISD/Desforges responded to C/He support but it would be very costly. ISD/Desforges said that solar tech the beginning and panels could ambient light. Solar would not be I backup and emergency. CM/Lowry stated that staff is mind it is a contract city. Therefore, staff County was exceptionally cooperative to helping D.B. serve its residents. He is Edison was seeing dollar signs and most dollars from the 187 cities. D.B. lerstand that they communication with could consider working with D.B. ncept attractive from an economic :)ncerned about how to get it into the int models presented he would most lumbers could be worked out with the ving reasons: 1) it would cost less, it d businesses and it would assist in ke for the City to look at how to attract ale and consider whether D.B. could es and at the same time enhance the a great presentation with a lot of 11 much for the Council to learn on this seeking the Council's support in Edison. that solar would be an ancillary ology had evolved substantially since e powered by moonlight as well as is first choice but would work well for of the D.B. business model and that luld be very cautious about NOVEMBER 1, 2005 PAGE 3 CC STUDY SESSION proposing any model that would contradict the City's current method of providing public service. B. INFORMATION ON COUNTRY HILLS TOWNE CENTER ICDD/Fong reported that the proposed project was close to reality. Staff anticipates that the project will move forward to Council on December 6 and that the purpose of the study session was to determine whether Council had questions or concerns about the project. On Tuesday, October 25 the Planning ommission held a study session to discuss the proposed project. Concerns about the project included the ratio of food business to the overall occupancy, whether the parking spaces were sufficient to accommodate the shopping center, the height of the proposed three-story medicalloffice building, the deteriorating condition of the center, and the buffering of the shopping center from residential use. The Planning Commission continued the matter to Tuesday, November 8 for further discussion and consideration. Yesterday staff met with the applicant to discuss the co ditions of approval. Mike McCarthy, applicant, said he was very excited about the project and had spent the past two years marketing the center within the trade area. He was attempting to anchor the center with an Asian market. However, a lease had not yet been signed. He proposed to take the shopping center improvements to a level c mparable to the higher income homes within "The Country Estates." He said he believed there was a need for a medical office building wit in the City and generally speaking, hospitals look for such services within neighboring communities. He is listening closely to the concerns of the residents and the modified site plans reflect many of those comments such as modifying the parking, ingress/egress, screening the rear area, etc. Some residents were concerned about the height of the three-story medical/office building and tower elements within the shopping center to provide visibility to the street. One of the reasons the shopping center failed in the past Mr. McCarthy said was because it sits at low grade which is a very unusual feature for a shopping center. C/Zirbes stated that a hue interest at the south end of the City was a place for people to purchase food and he understood that the applicant was proposing to nearly double the size of the market and include a food court. He asked the applicant to share with the Council the name of the potential major tenant. Mr. McCarthy responded that it would harm his negotiation process were he to publicly announce a deal that was not inked because once announced other local center owners might try to entice that tenant to their site. He said he was about 30 days from signing and once the name was made public the Council w uld understand that it was a first class market with goods and services that would serve a multi-ethnic buying public and NOVEMBER 1, 2005 would not be specific to any I would be one of the nicest bu PAGE 4 CC STUDY SESSION C/Zirbes asked if it were possit second story for offices to the greater visibility from Diamond B Mr. McCarthy explained the reasc building was because the view co the Triple AAA building had disrui area of the center. He would prefi was proposing a two-story build! scaled back the concept of buildi end. C/Zirbes hoped that the applica Fountain Springs to mitigate the medical/office buildings. He liked more detail and more trees in the the applicant had developed any share. Mr. McCarthy said a sign prog receive final approval as part of submitting a sign variance in on location. arly ethnic group. Mr. McCarthy said it > any city would be likely to attract. for the applicant to consider adding a arehouse building in order to provide Boulevard. 1 he would like to keep it a single -story 'idors would be disrupted similar to how ed visibility for the buildings in the rear to keep the building a single -story. He g on the north end of the center and g a two-story addition on the opposite t would provide more shielding along height and mass of the two-story and the entry palms but would like to see ;enter of the parking aisles. He asked if type of signing program that he could m was developed but not in time to e initial process. He said he would be r to keep the pylon sign in its current C/Zirbes asked if the proposed sig program would be consistent with the rest of the community. Mr. McCarthy responded "yes." C/Herrera said that during the Plai tenants spoke about not wanting cleaning owner wanted to remain i wanted to know what their options) Mr. McCarthy said their options h finds the anchor he is unable to c relocate for higher and better us( located is a prime location and w use. It is difficult and painful for to feel very vulnerable. C/Herrera asked if by making i Mr.McCarthy meaning that there w, ning Commission meeting a couple of D be moved. The dentist and the dry i their current locations and C/Herrera Could be. not yet been defined and until he !rmine where tenants might want to The pad where those tenants are probably better suited to restaurant its to be repositioned because they painless for people to move, was Id be no cost to the tenants. NOVEMBER 1, 2005 PAGE 5 CC STUDY SESSION Mr. McCarthy responded hat unfortunately, there was no redevelopment money available in D.B. so the lease and tenant improvements would have to be negotiated with the tenant. In his experience some tenants do not want to pay higher rat s and the shopping center needs higher rates in order to justify the millio s of dollars being spent to rehab the center. Some tenants like to upg ade their surroundings in order to attract more clients. A dentist, for example, could easily occupy a second floor office and if the dentist has a thriving business and he has adequate space to lease hopefully it could be worked out. Mike Shay asked what Other projects Mr. McCarthy had been involved with during the past two o three years. Mr. McCarthy said the cl, the SR60. The center I center. Currently, the c( new tenants. He also I Central and Philadephia. ADJOURNMENT: With Council, M/Chang adjourned the The foregoing minutes are here 2005. WEN CHANG, Mayor ;est was Phillips Ranch Shopping Center just off A failed for years prior to his purchasing the ter is about 95 percent occupied by prior and irchased the Chino Hills Shopping Center on no further business to come before the City Study Session at 6:35 p.m. Linda C. Lowry, City C < approved this _15th day of November , MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 1, 2005 STUDY SESSION: 5:30 ,m., Room CC -8 10 -Citywide Wireless roject ► Information on Country Hills Towne Center M/Chang adjourned the Study Session at 6:35 p.m. CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that City during which Council received re and the proposed Country Hills - PLEDGE OF ALLEGIANCE: Allegiance. INVOCATION: Church gave the Invocation. ROLL CALL: and Mayor Chang, Mayor Pro T Staff Present: Assistant City Manager; Michae Director; Bob Rose, Community cl Magnuson, Finance Director; Director; Ryan McLean, Senio Executive Asst. APPROVAL OF AGENDA: continued to November 15, ncil began its evening with a Study Session on a future possible citywide wireless project e Center rehabilitation program. Council Member Tanaka led the Pledge of Pastor Bob Stebe, Northminster Presbyterian Council Members Herrera, Tanaka, Zirbes O'Connor was excused. Linda Lowry, City Manager; David Doyle, Jenkins, City Attorney; David Liu, Public Works ;rvices Director; Ken Desforges, IS Director; Linda ancy Fong, Interim Community Development Management Analyst and Tommye Cribbins, CM/Lowry asked that Items 1.2 and 8.1 be 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presented Certificate of Recognition to Kathleen Newe who was named "Community Herd' at the Los Angeles County Fair. BUSINESS OF THE MO 1.2 Presentation of Ci y Tile to Mark Brownstein, Bryan Carmach and Peter Horner, owners of the McDonald's at 21095 Golden Springs Dr. and 205 S. Diamond Bar Blvd., Business of the Month for November 2005 — Continued o November 15, 2005). NOVEMBER 1, 2005 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS A 3. PUBLIC COMMENTS: Eileen Ansari spoke about the els how, in her opinion, the campai+ spoke about the " D.B. Residents to the group, who financially b,, personal derogatory statements that council members must act in the best interest of D.B. RECOMMENDATIONS: None Offered. tion and false campaign statements and had reached an all time low. She also Iainst Government Abuse," who belongs <s the group and a flyer that contains )out a sitting Council Member. She said professional manner and do what was in Margie Hinkle, 1102 Greycloud Ln,, spoke about a letter she received today that referenced MPT/O'Connor. Wien Mrs. O'Connor was a member of the PTA as referenced by the letter, Margie Hinkle was the president (1991 to 1993) and in her opinion, Mrs. O'Connor always turned her attention to the best interest of the students. It is rare that large groups of women such as PTA groups working together hav no conflicts and she said she found the statements in the letter to be app Iling and deplorable. Mary Matson said she was app individuals running for City Coun individuals had the same campai O'Connor what was wrong with C contact Mr. Zirbes because Mrs. Zirbes that Mrs. O'Connor never literature about Mrs. O'Connor an Orien Pagan said she had lived in in the City for 36 years. Debby O'C Debby O'Connor promotes the h would not have an employee who not have integrity. Debby O'Coni C/Zirbes and Ms. Pagan said she Pagan said she could pay the busi what businesses were operating i Task Force had under consider; possible sites for the center so the be wonderful if the golf course cou sales tax revenue from businesse the matter of whether the commur a 5-0 vote. She does not know ho, needs more information to make placing the matter on the ballot wa the voters put negative flyers in tt belonged. She wished MPT/O'Cor the best as he faces heart surger! .lied by the campaign tactics of three it and found it interesting that all three n manager. She personally asked Mrs. Zirbes and was told she would have to 'Connor did not know. She assured Mr. lid anything to her about his illness. The Mr. Chang are lies and half-truths. ).B. since 1962 and owned a tax business :)nnor is her employee and in her opinion, ]hest integrity for her business and she id not practice confidentiality and who did nor never told her what was wrong with was glad to see C/Zirbes on the dais. Ms. less tax because the City needed to know i the City. The Community/Senior Center .tion the golf course as one of several : was not a new concept. She felt it would d be moved so that the City could capture s on the current golf course site. Placing ity wanted a new library on the ballot was r she will vote on the matter because she an informed decision and in her opinion, the right thing to do. She recommended e garbage because that was where they -ior a Happy Birthday and David O'Connor tomorrow. NOVEMBER 1, 2005 PAGE 3 CITY COUNCIL Roger Meyer asked to have tonight's meeting adjourned in memory of Shirley Shuler, a long-time resident of D.B. and a supporter of the community and its youth. Roy Wilks said that Wood len residents needed the City's help to determine the best way to maintain the hillsides in their natural state and keep them from sliding. The three associations pa about $75,000 per year and get little in return. He met with staff on two occa4, ions, put his concerns in writing and emailed each of the Council Members a id received a reply only from MPT/O'Connor. He said the maintenance supervisor would try to set up another meeting with the City to see what could be done. The associations need financial help because the liability insurance does not cover flood or landslide. Nina Conchero, a 25-yeat resident of D.B. has been involved with various community activities through the years and had always looked for ways to contribute to the beautiful City. For the past several weeks she has received negative and misleading flyers against incumbents. She is shocked and appalled about candidates' negative campaigns and it is apparent to her that candidates are unable to offer anything positive about their own person and find it necessary to resort to smear tactics. She held up what she called a "liar -flyer." There are serious issues facing the community and she commended the City Cou cil for addressing them and working to improve the quality of life for the residents. She spoke against actions of some of the candidates who she belie ed were using their campaign to spread rumors and lies about M/Chang and MPT/O'Connor. Both have worked extremely hard for the good of the ommunity and both have outstanding records of service. She has known IV /Chang for many years to be a very generous and moral person. M/Chang is an extremely valuable member of the community and has contributed thousands and thousands of dollars to universities and various local charities anc as a very successful businessman it is absurd to suggest that M/Chang's livelihood depends on the City's salary because he takes no salary from the C ity. As a business owner she recently paid a small business registration fee she did not pay the City any taxes. She asked residents to please vote for incumbents and not vote for candidates who want to get into public service hrough lies and smear campaigning. Bob Watts thanked the Council Members for their service to the community. The City wants and need a new library and he is concerned about his taxes increasing. He asked the Dity Council to consider other alternatives such as help from the State or Federal government to prevent another tax increase. Lydia Plunk, Editor of This Windmill, said that since 1962 her publication had published in the best in -erest of D.B. and anyone who wanted to see campaign ads that were f ee of any innuendo should check her publication. Individuals can get additional copies of The Windmill at City Hall, the Diamond Bar Library, Assemblyman Huff's office and the Diamond Bar NOVEMBER 1, 2045 PAGE 4 CITY COUNCIL Center or they can call her at 909 - Planning Commissioner she bel unglued if the City planned to c shopping center. The golf course c visitors. When speaking of busine D.B. and it left because of the bi cautioned that when concerns are context of history. 61-1147. As a citizen of D.B. and former ,ved that the community would come insider changing the golf course to a lers an aesthetic respite for residents and s fees, D.B. used to have a bookstore in ainess fee imposed by the County. She .xpressed they should be reviewed in the Simon Cohn, 23631 Gold Nugget Avenue, said he had been a resident of D.B. for more than 25 years and was appearing before the Council tonight to express his opinion about the tactics used by some of the candidates running for City Council. He said he was shocked by the viciousness and total disregard for truth expressed in flyers that were mailed to him. The flyers contain vicious rumors against /Chang and MPT/O'Connor. He urged voters to vote for the incumbents because they have proven records of accomplishments and he urged residents not to vote for candidates who engage in lies and smear campaigns rather than present their accomplishments and offer competitive agendas. He personally resents those who speak negatively about their opponents. Stella Hatzfeld, a 43 -year resider elections in the City. This has beer false accusations. She said she campaigning and lies targeted agai Tye, Bob Zirbes and Osman Wei. negative campaigning and run on t honest people who have run a cle Vinod Kashyap, 21452 Chirping S M/Chang had stated that He had ei to correct the record that in fact he after the October 18 City Counc M/Chang acknowledged that his Kashyap had not endorsed him. h M/Chang would publicly acknowle that he had thanked M/Chang for Clyde Hennessee reiterated that find out if the people would like to have sent out a small packet t( probably have gotten the answers paying for a new library. He believ long-term tax increase to pay for the City could not afford to pay foi of the residents. He said he would that he had not seen campaign le who actually put out the flyers to t of D.B. said she had witnessed many an ugly and nasty campaign replete with and others were opposed to negative ist M/Chang and MPT/O'Connor by Steve She called on candidates to disavow all e facts. M/Chang and MPT/O'Connor are in and honest campaign. )arrow Road said that at the last meeting idorsement M/Chang. He asked M/Chang did not endorse M/Chang. He added that I meeting he spoke with M/Chang and assumption was incorrect and that Mr. Ir. Kashyap said he would appreciate it if ige that he did not endorse M/Chang and its public service. ie City had spent thousands of dollars to Say for a new library. He felt the City could each household for a few dollars and about whether the citizens were in favor of :d that the residents were not in favor of a library that the City could not afford and if it the cost should not be put on the backs support M/Chang and MPT/O'Connor and :ers from other candidates and wondered thich previous speakers referred. NOVEMBER 1, 2005 PAGE 5 CITY COUNCIL David O'Connor, a 25 -year resident of D.B. said he was the very proud husband of MPT/O'Connor. Debby serves on the City Council and Debby works. He is retired and takes a lot of phone calls during the day and recently there have been a lot of p one calls about the campaign pieces that have been distributed. The literature does not have any individual names, only the name of a PAC and people want to know who is sending out the mailers. In his opinion, the individuals sending out these campaign pieces have to hide their motives, agendas an ideas because they generally would not be able to stand up to the light ofd y and honest public scrutiny. They are a bunch of hypocrites and have to attack M/Chang and MPT/O'Connor with vicious hit pieces because they cannot attack M/Chang and MPT/O'Connor on their public record. Although the letterhead refers to the California Republican party it was not sent out by them and he has a letter from the Chairman of the California Republican Party that states they did not approve the use of the logo, the letterhead and the content and did not have prior knowledge that the mailer was being sent out. In fact, the California Republican Party sent the letter to their lega department for review and possible action. As far as Mr. O'Connor is conce ned the mailer is fraudulent and he believed that ultimately it was Bob Huff that was behind the mailer. He wished MPT/O'Connor a Happy Birthday, said that he loved her and was proud to be her husband and the fath r of their three daughters. He said he supported MPT/O'Connor and was proud of her service to D.B. and when all was said and done the decent people of D.B. would know that they had a truly open and honest woman working tirelessly on their behalf. Dan Nolan came to the m eting this evening because he too received all of the mailings. He said he supported Steve Tye and Bob Zirbes and walked precincts for both individuals. In speaking with individuals on the street he learned that many folks are just as tired of the negative and incorrect information as many people in the room this evening. However, he believed that by insulting the citizens of D.B. by saying they should take this information and chuck it in the trash because there was no truth to it was a bit presumptuous. He said he believed citizens were smart enough to determine what was true and not tru . There is a lot of passion in this room and it has been apparent since the selection process for the special election commenced. It is funny to him that when people hear other people's opinions they are either yeah or hay and very vociferously either support or jeer others. Mrs. Ansari statec that the same old names are on those flyers. In fact, it is the same old people who come to the podium to support Mr. Tanaka, Mr. Chang anc Mrs. O'Connor and there is never any new information. He asked th Mr. Chang control the room. He said he does not appreciate the jeering fror 1 behind. He said he has held his tongue for a long time and never come to t1 a podium to speak his mind. He said he was not a member of the D.B. Citizens Against Government Abuse but he supported their right to put together a political action committee. He also supports Mrs. Herrera's right to contribu e to that PAC just as he supports other individuals' rights to contribute funds Mr. Tanaka and Mrs. O'Connor's campaigns. For people to come to the podium and rattle the saber and hearken back to 2001 NOVEMBER 1, 2005 PAGE 6 CITY COUNCIL ►,1 when they lost an election based or reality of it is that it is politics and th this City has either aspired to or de City was degenerating to some dec to get beyond it. He said he resp everything C/Zirbes had done for tl held Mr. Zirbes personally accoun have taken place throughout the Herrera's hard work over the years that M/Chang had done over the y( Council Member. Everyone has a r proceedings need to look at all of t that came out was not signed and p and the author was jeered and it is not appreciate the message. He opportunity to read all of the inforr they wanted going forward and let Wanda Tanaka, a 30 -year resider much negative campaigning and th husband was the subject of a hit pi kind of treatment. Last night during paint ball. She asked residents to r Marie Buckland said she had recei\ and MPT/O'Connor. Candidates sl, them and not tear the City down. If the people are bad they should C/Herrera for implying that CA/Jer Council meeting and for contributii Roger Meyers asked the candi signs after the election. Steve Tye, candidate for Counc encouraged candidates to come for campaigning he came to the podiui has nothing to do with negative lite everyone in the room and those wa not running against anyone, he everyone to "keep it positive." RESPONSE TO PUBLIC COMMEI Wilks that he believed CSD/Rose matter. In fact, when M/Chang recei- staff to take care of the situation, homeowners to meet to see what c the City was not the property owner what they thought was a bad mailer, the at this is the City of D.B. and that is what generated to and his sense was that the ree and the people needed to find a way acted C/Zirbes immensely and felt that )e last year was for the good of D.B. He :able for the beautification projects that Dity. He said he also appreciated Mrs. ind as well he appreciated the hard work jars and Mr. Tanaka's appointment as a ght to speak and people watching these ie mail and information. The first mailer E)ople jeered. Another mailer was signed because the people doing the jeering do asked the people of D.B. to take the cation; decide what kind of government he chips fall where they may. felt it was very sad that there was so people should run on their merits. Her -e and she felt he did not deserve that rick or Treat" someone hit his car with a id all of the literature and vote. d trash mail that spoke against M/Chang uld talk about why people should vote for eople do not like living here and believe love. She said she was ashamed of ins was not doing his job during the last 1 to a PAC that spewed dirt. to please remember to pick up their said that because Stella Hatzfeld and and disavow negative literature and to disavow any such participation. He tore and campaigning and he wanted hing on television to know that he was as running for D.B. He encouraged TS: M/Chang responded to Mr. had spoken to him about the hillside ed calls from the homeowners he asked Intact the homeowners and invite the >uld be done because he believed that NOVEMBER 1, 2005 PAGE 7 CITY COUNCIL M/Chang said that two nights prior to the City Council meeting Mr. Kashyap visited his campaign office 4nd offered his support. He said he took the City's business very seriously anq would not speak to something that was not true. SCHEDULE OF FUTURE 5.1 PUBLIC SAFETY COMMITTEE MEETING — November 7, 2005 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 Valley Blvd. Walnut 5.2 ELECTION DAY — November 8, 2005 — Polls open 7:00 a.m. to 8:00 p.m. 5.3 VETERAN'S DAY RECOGNITION CEREMONY-- November 8, 2005 — 9:00 a.m., D.B. C nter Grandview Ballroom, 1600 S. Grand Ave. 5.4 PLANNING COMMISSION MEETING — November 8, 2005 — 7:00 p.m., Auditorium, A MD/Government Center, 21865 Copley Dr. 5.5 TRAFFIC AND TRANSPORTATION COMMISSION — November 10, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.6 VETERAN'S DAY November 11, 2005 - City Offices will be closed. Offices will reopen On Monday, November 14, 2005. 5.7 CITY COUNCIL Auditorium, AOM ETING — November 15, 2005 — 6:30 p.m., overnment Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL M MBERS: Herrera, Tanaka, Zirbes, M/Chang NOES: COUNCIL M MBERS: None ABSENT: COUNCIL M MBERS: MPT/O'Connor 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of October 4, 2005 -- Approved as submitted. 6.1.2 Study Session of October 18, 2005 — Approved as submitted. 6.1.3 Regular Meeting of October 18, 2005 — Approved as submitted. 6.2 RATIFIED CHECK REGISTER dated October 14, 2005 through October 27, 2005 in the amount of $1,763,438.84. NOVEMBER 1, 2005 PAGE 8 CITY COUNCIL 7. 91 a 6.3 APPROVED TREASURER'S STATEMENT — Month of September 2005. 6.4 ADOPTED RESOLUTION APPLICATIION FOR GRAN FOR THE CALIFORNIA ENl INTEGRATED WASTE M) PRODUCT (TDP) GRANT PLAYGROUND SURFACIN GROW PARK AND SYCAIN PROJECTS. NO. 2005-57: APPROVING THE T FUNDS IN THE AMOUNT OF $45,000 'IRONMENTAL PROTECTION AGENCY ,NAGEMENT BOARD TIRE -DERIVED PROGRAM TO PROVIDE RESILIENT a AS A COMPONENT OF THE PAUL C. I!ORE CANYON PARK PLAYGROUND 6.5 AWARDED CONTRACT TO RJM DESIGN GROUP FOR DESIGN OF PARKWAY IMPROVEMENTS AND PANTERA PARK RESTROOM/STORAGE BUILDING IN THE AMOUNT OF $65,153 PLUS A CONTINGENCY AMOUNT OF $6,000 FOR A TOTAL AUTHORIZATION OF $71,'53. 6.6 APPROVED GRANT OF EASEMENT TO NEW CINGULAR WIRELESS PCS, LLC FOR USE OF EXISTING CITY OWNED ACCESS ROAD TO THEE STGATE WATER TANK SITE. 6.7 ADOPTED RESOLUTION RANGES FOR ALL CLA NOVEMBER 1, 2005 Al' RESOLUTION NO. 2005 IMPLEMENT SALARY AD, MANAGER. PUBLIC HEARINGS: COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO MANAGER OR HER DEQ FINDING OF PUBLIC C WARRANT THE 1SSUANCI November 15, 2005) COUNCIL SUBCOMMITTEE REP C/Herrera said she had been malick had lived in D.B. for 39 years and many who were present this evenh this year because this was an extrei invested money into the campaigns Board, the Water Board and City M/Chang who invested over $10,0( 10. 2005-58: ESTABLISHING SALARY 5ES OF EMPLOYMENT EFFECTIVE � APRIL 1, 2006 AND RESCINDING 5 IN ITS ENTIRETY IN ORDER TO STMENTS FOR THE ASSISTANT CITY one 2005-59: DELEGATING TO THE CITY IGNEE THE DUTIES OF MAKING A )NVENIENCE AND NECESSITY TO OF A LIQUOR LICENSE. (Continued to UNCIL MEMBER COMMENTS: usly maligned this evening. She said she gad a vested interest in this town as did g. She wanted to invest in the elections rely important campaign season. So she )f Pomona School Board, Walnut School Council. She followed the example of D in the last three elections. Many in the NOVEMBER 1, 2005 I PAGE 9 CITY COUNCIL audience would like to de irive her of her right to invest in an election. However, those who sit o i the City Council dais are part of the public domain; the lives of City Co ncil Members are public and the public can talk about the City Council Men ibers. City Council Members are talked about in newspapers and in mailers; there is nothing sacred about the people who sit on the dais. City Council Members have no privacy because they are public officials. There were comments about Jody Roberto — a person of very high integrity and a person of g od standing in St. Denis Church. Many of the things that Jody Roberto wrote about were her own eyewitness accounts of certain events. Maybe the 15 or 20 people in this room do not like her message and it is their righ to disagree. Nevertheless, it does not belie the fact that there are troublin 3 things happening and the greater public, the residents of this community, have the right to know. She said she believed that evil continues when g od people do nothing. She also said she was ashamed of Eileen Ansari nd Marie Buckland. C/Zirbes agreed with C/Her era that people had a right during campaigning to do what they wanted to do. owever, if individuals were to read his campaign literature they would find that he too would disavow any participation with any of the negative material that had come out and no one would see his name on any of the negative liter ture and would not see anything negative in his campaign material. He wr tes his own material and has other matters to attend to and has no time o participate with PACs. If PACs are supporting him he appreciates that. H3 has not seen the Jody Roberto piece and has not seen the piece that M . O'Connor had that appeared on the California Republican Party letterhea J. He felt that his record spoke for itself. He loves the community, he is dev ted and dedicated to the community, he has accomplished a great dee I during his four years on the Council and his campaign literature speaks to his accomplishments and his record and also speaks to the future goals lie would like the community and City to achieve. He said he did not necessarily agree with all of the campaign literature and had witnessed many false campaign ads on TV. In fact, even the Governor is not immune to negative campaign material. People have to read all of the material and discern the tru h for themselves. This is nothing new to D.B. and political campaigns. Howe, fer, to have someone come to the podium and accuse or insinuate that he has had anything to do with a PAC or anyone else's negative smear piece is just as bad a smear as the piece that people seemed to be upset about It is not in his nature to be negative and smear others and those who know him and the type of person he is know what he believes and what he has done for this City. He encouraged everyone to cast their three votes next Tuesday. ClTanaka attended the SoL thern California Edison thank -you breakfast at the Customer Technology Application Center; attended all of the senior group meetings as the City Council liaison and worked with them to promote a multi -cultural event prepared for October 2006; attended the San Gabriel Valley COG meeting; ope -house, ribbon cutting and donor recognition for the Greater La Puente Valley Meals on Wheels program in City of Industry; NOVEMBER 1, 2005 PAGE 10 CITY COUNCIL Chamber of Commerce networking breakfast; Chaparral Middle School red - ribbon week assembly; Read Together D.B. events during October and the Haunted House at Heritage Park. Next Tuesday is election day so please review the materials carefully and he said he knew in his heart that people would make the right decisions an choose the right candidates and make the right choices on all of the mea ures. M/Chang commented on the Au& or's Day event and the Read Together challenge The Wishing Well. There were three schools and 150 to 200 parents and kids that attended. He nvited the participants to speak about the program during public comments so that people could learn more about the program so that next year more parents and students would become involved. He loved the Author's Da event. Approximately 50 authors brought their books and shared them with the students. Many students love to write and it was a wonderful opportunity for them to speak with the authors and be inspired by them. Author's Day is a, wonderful program and he would like to see it continue. He thanked the volunteers who are trying to make the City better. M/Chang said he received a campaign hit piece and he believed that at least 60 percent of the residents had received the same piece from "D.B. Residents Against Government A use" that spoke nothing but lies. To a second flyer that stated: "the City C ouncil is proposing more taxes and Wen Chang is spending excessive mon y to build a library" is not true. The truth is that Proposition 218 requires atwo-thirds vote by the people for any tax increase. None of the Council Mer ibers can make that decision. Secondly, building a new library is top priority and has been a City goal for years. The Council has been working on building a new library. The entire City Council including the prior City Council Members agreed unanimously to apply for a grant to build a new library and th Council decided that because it did not have enough money to build a new library and still maintain adequate reserves Council Members unani ously decided to find out whether the community really wanted to pay for building a new library by hiring a consultant to survey the public to find out whether the City should place the matter on the ballot. It is not true that the Council wants to increase taxes. The City is proposing an option for the people to choose whether they want to build a new library. The City COL ncil does not have the power to increase taxes. The Council voted 4-1 in fa or of a Business Registration fee that will make the City safer because the re 3idents will know what kind of businesses lay within residential neighborhooc s. Property values will remain intact and the City can make sure that busir esses are in compliance with the City's Zoning Code. The Business Registration fee is just a fee and not a tax. To the campaign statement that "Wen Chang voted himself a 50 percent salary increase and wanted to be paid $5,000 per month" he said that several years ago at one of the study sessions several Council Members requested a raise. When it was proposed he agree to support the Council Members who needed an increase and the Council voted to approve the increase 5-0. From the first day he has been doing his job. He is a Council Member and just speaking the truth. From day one he never took a dime. Mrs. Herrera raised $10,000 to support a hit piece and he needs to answer that so that people NOVEMBER 1, 2005 I PAGE 11 CITY COUNCIL 10 understand the truth. He does not take any money for serving as a City Council Member. He donates all of his salary and benefits back to the community, schools, YMCA, non-profit organizations, charitable organizations and so on ar d so forth. He never asked for the raise. He said that he donates more money than the salary and benefits he took. Serving the community for him is n t about taking the money. He loves to serve the community and he is prouJ to make a difference for the people and as an immigrant he appreciate the opportunity. He even returned three big donation checks from developers who have a project in the review process. Justto let the people know his total donations were $10,500 and he does not need to take the money to benefit himself, he just wants to serve the public. To those who say he want the money and wants a salary raise, it is a lie. He said he did not want to talk about the golf course anymore but it was one of the objectives in the CityCouncil's goals and objectives for many years and everyone agreed that the City should have control over future development of the golf course to be in the best interest of the City of D.B. and not to the developer. C/Herrera left the dais ADJOURNMENT: With the meeting at 8:23 p.m. The foregoing minutes 2005, WEN CHANG, MAYO to the completion of M/Chang's comments. further business to conduct, M/Chang adjourned memory of long-time resident Shirley Shuler. UN6A C. LOWRY, CITY. ERK hereby approved this 15thday of "November ,