HomeMy WebLinkAbout11/15/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
NOVEMBER 15, 2005
STUDY SESSION:Mayor Chang called the Study Session to order
at 6:20 p.m. in Room CC -8 the South Coast Air Quality Management
District/Government Center, 2186 Copley Dr., Diamond Bar, CA.
Present:
Mayor Pro Tem O'Connor and
Also Present:
Assistant City Manager; Michael
Director; Bob Rose, Community
Linda Magnuson, Finance Dire(
Sharon Gomez, Senior Ma
Management Analyst; Javier
Cribbins, Executive Asst.
A. SOLID WASTE AUDIT R
PWD/Liu introduced Laith Esse
Hobson LLC, the City's waste
presentation on the audit finding
reasonably handling complaints
systems and that both contra
accuracy. Some minor inaccura,
both contractors were correcting
in the payment of the AB 939
additional information; althougl
Management provides a reducec
green waste service; and, the AE
boxes was assessed disproportic
Mr. Esset recommended the
findings.
Council Members Herrera, Tanaka, Zirbes,
yor Chang.
Linda Lowry, City Manager; David Doyle,
Jenkins, City Attorney; David Liu, Public Works
Services Director; Ken DesForges, IS Director,
or; Marsha Roa, Public Information Manager;
agement Analyst; Ryan McLean, Senior
'eraza, Management Analyst and Tommye
RT
Senior Vice -President, Hilton, Farnkopf and
audit consultant, who gave a Power Point
Findings revealed that both contractors were
that were recorded in their customer service
tors were billing customers with reasonable
ies were identified that were not material and
them; both contractors had minor inaccuracies
fee; reports could be enhanced by including
not required under the Agreement, Waste
rate for multi -family curbside customers without
939 fee charged for temporary bins and roll -off
lately to the level of service.
take the following steps to correct negative
1) The amount of the green waste discount provided to multi -family
customers without green waste service should be included in the City
approved rate schedule and procedures for implementing the discount
should be contained in the agreement.
MPT/O'Connor asked if
removed the green wast
Mr. Esset responded tP
wants to ensure that the
because the City would
waste was being recycle
e discount was given because the gardeners
it was generally the case. However, the City
.ste gets collected and that it also gets diverted
t want to provide a discount unless the green
NOVEMBER 15, 2005 PAGE 2 CC STUDY SESSION
2) The City should approve the ra,
them in the published rate schedule.
jurisdictions with published rates for
charges.
3) Determine whether or not the
containers provided at no charge to C
accordingly. Note that Valley Vista Svcs
City on these containers in March 2004.
4) Consider changing the method
commercial services so that it is propc
rather than a fixed fee per container rega
5) Specify whether or not a surche
and if appropriate, include it in the City
6) Revise the contract language to s
included in the City approved rate schedu
7) Utilize the updated Recycling and
the HF&H report for the contractors to
City.
8) Prior to updating the agreement
could probably benefit from a compreh
ensure that other terms are clear ar
agreement.
C/Zirbes thanked Mr. Esset for an exce
M/Chang thanked Mr. Esset for his repo
for further study. He said he was concer
and felt it should be brought to their atter
Public Comments: None Offered.
ADJOURNMENT: With no fu
Council, M/Chang adjourned the Study
for temporary services and include
e City may want to survey other
.se services to confirm reasonable
B 939 fee should be assessed on
y facilities and revise the agreement
stopped paying the AB 939 fee to the
for assessing the AB 939 fee on
tional to the level of service provided
iless of size or frequency of collection.
for Saturday service may be charged
roved rate schedule.
that all fees and charges must be
iisposal Report templates contained in
ubmit their monthly information to the
address the above issues, the City
;ive review of its entire agreement to
consistent with those in a modern
report and list of recommendations.
and asked staff to bring the item back
d about Valley Vista's -14% inaccuracy
m and immediately corrected.
r business to come before the City
>sion at 6:37 p,m.
L,%�
inda C. Lowry, Cit Jerk
NOVEMBER f5, 2005
The foregoing minutes are h
2005.
l
Mayor
PAGE 3 CC STUDY SESSION
approved this 5th day of December
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 15 2005
CLOSED SESSION: 5:30
Public Comments on Closed
Government Code
STUDY SESSION: 6:20
Solid Waste Audit
M/Chang adjourned the Study
m., Room CC -8
Agenda
54956.9(() — Initiation of Litigation
m., Room CC -8
at 6:37 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 (
followed by a Study Session durl
Report and requested that staff ply
for further consideration.
PLEDGE OF ALLEGIANCE:
Allegiance.
INVOCATION:
Church gave the Invocation.
ROLL CALL:
Mayor Pro Tem O'Connor and
Staff Present:
Assistant City Manager; Michael
Director; Bob Rose, Community
Linda Magnuson, Finance Direct(
Director; Ryan McLean, Senior
Executive Asst.
:ouncil began its evening with a Closed Session
ng which Council received a Solid Waste Audit
ice the matter on a future Study Session Agenda
Mayor Pro Tem O'Connor led the Pledge of
Monsignor James Loughnane, St. Denis Catholic
Council Members Herrera, Tanaka, Zirbes,
Chang.
Linda Lowry, City Manager; David Doyle,
Jenkins, City Attorney; David Liu, Public Works
Services Director; Ken DesForges, IS Director;
Nancy Fong, Interim Community Development
Management Analyst and Tommye Cribbins,
APPROVAL OF AGENDA: CM/Lowry stated that due to the inability of
McDonalds, (Business of the Month) to attend the meeting, staff would forward City
Tiles to Mark Brownstein, Bryan Carmach and Peter Horner, owners of the
McDonald's at 21095 Golden Springs Drive and 205 S. Diamond Bar Boulevard,
Business of the Month for November 2005.
NOVEMBER 15 2005 PAIGE 2
1.
2.
CITY COUNCIL
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mayor Pro Tem O Connor proclaimed November 15, 2005 as
"America Recycles ay" to Javier Peraza, Management Analyst,
accepting on behalf f the Public Works Department and the City.
BUSINESS OF THE MO
1.2 C/Tanaka presented a Certificate Plaque to Elizabeth Maxey,
President of Dain Insurance Agency as Business of the Month.
CITY MANAGER REPO
3. PUBLIC COMMENTS:
Kevin Hinkle read a letter
Greycloud Lane, expressir
used during the recent els
directed at C/Herrera and {
AND RECOMMENDATIONS: None Offered.
'ritten by his mother Margie Hinkle, 1102 N.
her concerns and disappointment with tactics
:ion. Comments contained in the letter were
Orien Pagen invited everyo a to "Sunday at the Center' art show and sale
sponsored by the City, Pa ific Crest Youth Arts and the D.B. Community
Foundation on Sunday, No ember 20.
Andrea O'Connor, 23725 Bc
C/Herrera to drag her intc
O'Connor. Her mother has
Andrea said she was neves
She applied for the position
served as a Council MembE
child had to do with City poll
C/Herrera's morals and inti
ashamed of and told her me
Ner Cascade, said she felt it was disgraceful for
the vendetta to destroy her mother, Debby
always acted in the best interest of the City.
selected as a Volunteen as C/Herrera stated.
ut was denied the position because her mother
She wanted to know what she, a 16 -year old
ics and she wanted to know what happened to
grity. She said her mother had nothing to be
:her she loved her.
Darryl May, AYSO Regional Commissioner thanked M/Chang,
MPT/O'Connor and Cou cil for supporting the 13th annual AYSO
Tournament, "Cottontail Country Classic" scheduled for 2006 and presented
CSD/Rose, M/Chang, MPT/O'Connor, Dave Grundy, RS/Wright and
CM/Lowry a symbolic perm nent marker to thank them for their efforts.
Ron Everett spoke about ti
people he felt should be re -i
believed those newly elec
perspectives to their positi
years of service to the City a
winners and said he was op
work of the people. After th
results of the recent election. Although some
ected were not, the people have spoken and he
;d individuals would bring new strengths and
ns. He thanked MPT/O'Connor for her many
id wished her well. He congratulated the Council
mistic that the City would move forward with the
last meeting he was disappointed. However,
NOVEMBER 15 2005 PAGE 3
CITY COUNCIL
after reading the minutes of the meeting he was encouraged by the differing
views expressed because they made sense after the fact and after the
election. He especially appreciated the challenge offered by Wanda Tanaka
and Dan Nolan that residents read all of the literature and use their judgment
to make the right decision. He also appreciated Roger Meyer's request to
adjourn the meeting in honor of long-time community activist Shirley Shuler
and he also appreciated Mr. Meyer's request that candidates pick up their
signs immediately after the election. He said he was impressed that the signs
were picked up in a timely fashion. He also appreciated comments by
C/Tanaka that reflected on his volunteerism. He hoped that Peter Drucker
and Coach John Wooden would be models for teamwork on this City's
Council,
Mei Lien Chang congratulated her husband on being reelected to the City
Council. She also congratulated MPT/O'Connor on her service to the
community since 1997. In 997 when M/Chang was elected he promised he
would donate his salary and benefits back to the community and she
displayed evidence that he had kept his promise and donated all of that and
more to worthy causes. She congratulated C/Zirbes and Steve Tye on their
elections and hoped that the residents would join with M/Chang,
MPT/O'Connor and C/Ta aka to serve the community. D.B. deserves a
better and cleaner government and she said she looked forward to a healthy
and prosperous D.B.
Therina Sun, 2708 Rocky Trail presented bouquets of flowers to
MPT/O'Connor and M/Ch ng on behalf of "several residents" for running
clean campaigns and fordoing the right things for the City. She said she was
disappointed that MPT/O Connor was not re-elected but felt that Mrs.
O'Connor would continues rving the community. She congratulated C/Zirbes
on his re-election and Steve Tye on his election and hoped that the newly
elected Council would discard personal egos and agendas and work as a
team to make D.B. one of he most desirable cities in which to live.
Clyde Hennessee said he too was dissatisfied by derogatory comments
being made by speakers a out how bad things have been. He said he has
observed "hangman's cou " during the past couple of meetings and the
people who spoke were alk iwed a forum for taking cheap shots. People who
spoke tonight have said th Council should work together and they speak
about how certain people E re to be excluded and that residents should only
work with three specific people. There are five people on the Council and the
majority has spoken. He re terated his concerns about the amount of money
being spent by the City and the proposal to implement a tax to pay for a new
library.
Marie Buckland congratulated M/Chang and apologized to MPT/O'Connor
that she had to endure mudslinging during the campaign. She again directed
negative comments to C/H rrera and wanted to know what C/Herrera stood
for.
NOVEMBER 15 2005 PAGE 4
4
CITY COUNCIL
Butch Lowe, Beaverhead rive, said he had been a resident of D.B. since
1971 and that this was the irst Council meeting he had attended. He has,
however, watched almost a ery meeting since they were televised and has
voted in almost every local, tate and national election since he obtained the
right to do so. He believed he was an informed and educated citizen and
voter. What he has seen in this community during the last four years of
elections has caused him to appear at tonight's meeting. He launched a
diatribe toward and against C/Herrera and was requested to cease his
personal attack by MPT/O' onnor and C/Zirbes.
Denise Amid, Rowland He
and she wanted to purcha
always agree with what Co
about the vicious attacks
Members. The discussion
City better, not about what
agree with.
Ihts, said that D.B. had been her adopted City
a home in the community. While she did not
ncil Members wanted to do she was very upset
Bing launched by and against certain Council
could be about what should be done to make the
as done or supposedly done that people did not
Mangel Gulshan congratula ed new and retiring Council Members. He said
that in his opinion, D.B. was a community that should be pulling together for
the betterment of the City instead of tearing each other down. He asked
Council to look into the Dia -A-Ride service because he felt they were not
doing a good job.
RESPONSE TO PUBLIC COMMENTS: None offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PARKS AND RECR ATION COMMISSION MEETING — November
17, 2005 — 7:00 p.m., Hearing Board Room, AOMD/Government
Center, 21865 Cople Dr.
5.2 SUNDAY AT THE C NTER - ONE DAY ART SHOW AND SALE —
November 20, 2005 10:00 a.m. — 4:00 p.m., Diamond Bar Center,
1600 S. Grand Ave.
5.3 PLANNING COMMISSION MEETING — November 22, 2005 — 7:00
p.m., Auditorium, AQ D/Government Center, 21865 Copley Dr.
5.4 THANKSGIVING HOLIDAY — City Offices will be closed Thursday,
November 24 and Friday, November 25, 2005 in observance of the
Thanksgiving Holiday. City offices will reopen, Monday, November
28, 2005.
5.5 Holiday Diamond Rid—November 25, 2005 through January 2, 2006
— Free transportatio to/from any commercial or retail center in
Diamond Bar. Call 8 0-578-6555 for service.
NOVEMBER 15 2005 MAGE 5
CITY COUNCIL
5.6 PUBLIC SAFETY COMMITTEE MEETING - December 5, 2005 -
7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd.,
Walnut.
5.7 CITY COUNCIL MEETING - December 6, 2005 - 6:30 p.m.,
Auditorium, AOMD/lGovernment Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to
approve the Consent Cale dar as presented with MPT/O'Connor
abstaining on Item 6.1. M tion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL M MBERS:
ABSENT: COUNCIL M MBERS:
6.1 CITY COUNCIL MINUTES:
Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
None
None
6.1.1 Study Sessic n of November 1, 2005 -Approved as submitted.
6.1.2 Regular Me ting of November 1, 2005 - Approved as
submitted.
6.2 RECEIVED AND FI ED PARKS AND RECREATION COMMISSION
MINUTES - Regul r Meeting of September 22, 2005.
6.3 RATIFIED CHECK REGISTER - containing checks dated October 28
through November 10, 2005 in the amount of $954,001.30.
6.4 DENIED CLAIM -filed by Ashwini Lai on August 19, 2005.
6.5 APPROVED AME DMENT NO. 3 TO THE CONTRACT WITH
HIRSCH AND ASSOCIATES FOR ARCHITECTURAL SERVICES
FOR SYCAMORE CANYON PARK ADA RETROFIT IMPROVEMENT
PROJECT IN THE AMOUNT OF $3,500 FOR A TOTAL
AUTHORIZATION OF $164,450.
6.6 APPROVED EXTENSION OF AGREEMENT WITH TENNIS ANYONE
FROM JULY 1, 2004 THROUGH JUNE 30, 2006 IN AN ANNUAL
AMOUNT NOT TO EXCEED $50,000 FOR A TOTAL
AUTHORIZATION OF $100,000.
NOVEMBER 15 2005 PAGE 6 CITY COUNCIL
7. PUBLIC HEARINGS:
7.1 CONSIDERATION F ZONE CHANGE NO. 2004-01, CONDITIONAL
USE PEERMIT NO. 004-01, DEVELOPMENT REVIEW NO. 2004-19
AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE
CENTER: A Z NE CHANGE FROM NEIGHBORHOOD
COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2)
DISTRICT CONS STENT WITH THE GENERAL PLAN
COMMERCIAL DES GNATION; A CONDITIONAL USE PERMIT AND
A DEVELOPMENT REVIEW FOR THE RENOVATION OF THE
FAQADE OF THE EXISTING SHOPPING CENTER TOTALING
221,083 SQUAREFEET; AND A VARIANCE TO INCREASE THE
BUILDING HEIGHT =OR THE TOWER FROM 35 FEET TO 49 FEET
THE TWO-STORY 13UILDING FROM 35 FEET TO 40 FEET AND
THE THREE-STOR BUILDING FROM 35 FEET TO 54 FEET.
ICDD/Fong present d staff's report and recommended that the
Council open the Public Hearing and continue the matter to December
6, 2005 in order to a low ICDD/Fong an opportunity to complete and
forward an adequate report to recommend Council approval.
M/Chang opened the Public Hearing.
There was no one prjesent who wished to speak on this matter.
C/Zirbes
moved, M
Chang seconded
to continue the matter to
December
6, 2005. Motion
carried by the
following Roll Call vote:
AYES:
COUNCIL
MEMBERS:
Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES:
COUN
IL MEMBERS:
None
ABSENT:
COUN
IL MEMBERS:
None
8. COUNCIL CONSIDERA
8.1 ADOPT RESOLUTION NO. 2005 -XX: DELEGATING TO THE CITY
MANAGER OR HER DESIGNEE THE DUTIES OF MAKING A
FINDING OF PUBLIC CONVENIENCE AND NECESSITY TO
WARRANT THE ISS JANCE OF A LIQUOR LICENSE.
ICDD/Fong reported that the Department of Alcohol Beverage Control
(ABC) requested that the City make a finding as to whether or not the
public convenience and necessity would be served by issuing a liquor
license to Gourmet Essentials, a business located in the Diamond Bar
Village. The process for making such a finding was for the City to
Council or the City Me nager or her designee to review the request and
make the appropriate finding. Staff recommended that this function be
delegated to the City Manager or the City Manager's designee.
NOVEMBER 15 2005 WAGE 7 CITY COUNCIL
There was no one present who wished to comment on this matter
C/Zirbes felt that it was most appropriate for the City Council to retain
control over this aspect of the ABC review process because it was
ultimately the CityCouncil's responsibility acting as residents of the
City and on behalf of the citizens of D.B. to make such a
determination.
C/Zirbes moved, /Herrera seconded to direct staff to prepare a
resolution setting forth the City Council's control over this aspect of
the ABC review pro ess.
C/Tanaka felt that with the proper guidelines that CM/Lowry or her
designee could make the decision because as stated by C/Zirbes
there would most likely not be a deluge of these types of requests. If
there was a concerr the Council could step in at the appropriate time.
M/Chang felt the Planning
Commission should review the matter and
make a recommendation
to the City Council.
C/Zirbes amended
his motion to first clear the matter through the
Planning Commission.
C/Herrera said she
would not second the amended motion.
M/Chang seconded
the amended motion.
MPT/O'Connor asked
if it was appropriate to refer the item to the
Planning Commission.
CA/Jenkins said the
decision was that of the City Council.
CM/Lowry asked if the
motion included an appeal process should the
matter first go to the
Planning Commission.
MPT/O'Connor asked if all Planning Commissions were subject to
appeal and TCDD/ ong responded affirmatively. MPT/O'Connor
wondered if the fang jage had to be included in this specific resolution.
CA/Jenkins said it as an unusual situation because these types of
matters were not Usually referred to the Planning Commission. All that
ABC was asking for was an "opinion" and not a decision, not
something that was set out in the zoning ordinance and not something
contemplated in th duties of the Planning Commission in the
Municipal Code. ThE City should at least set out what the process is in
this particular resole ion because it is not otherwise provided for in the
City's Municipal Code and Zoning Ordinance and therefore, CM/Lowry
is correct to recomm nd that the process should be spelled out for this
NOVEMBER 15 2005
PAGE 8 CITY COUNCIL
particular procedure.
AYES: COUNCIL
MEMBERS: Tanaka, Zirbes, M/Chang
NOES: COUNCIL
MEMBERS: Herrera, MPT/O'Connor
ABSENT: COUNCIL
MEMBERS: None
9. COUNCIL SUBCOMMITTEE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Zirbes said that tonight's
Negative campaign material
meeting was reminiscent of prior elections.
was nothing new to D.B. and to other cities and
certainly did not take root this
year. One of the great things about the City is
that residents step forward
and claim citizenship of many years and he is a
relatively "new" citizen.
campaign with $135,000 s
est Covina just went through a very vicious
ent against one candidate who came in second.
Bottom line is that people
re smarter than the mudslingers - most people
take election information wi
h a grain of sand. Each candidate who ran in this
election is a fine individual
PACS became involved and individuals were
within their rights to donat
a to those PACS. It is the individual's right to
disagree with the materials
and it is the right of the PACS and individuals to
distribute the material. It wa
his right to distribute material he felt compelled
to put before the public and
his material stated it was paid for by the
committee to re-elect BobZirbes.
He has always felt his role in the
community was a positive role
and that it was uplifting for him and for his
family. He said he did not have
the time, energy or patience to participate any
other way. He is not a negative
person and wished each of the candidates
well in the election and
condolences as soon as he
was prepared to receive congratulations or
announced his candidacy. One thing he is
confident about is that even
with the rancor spewed forth this evening and
with people who have read letters
and made accusations and exercised their
freedom of speech on December
6 the five elected City Council Members will
work together for the betterment
of D.B. The election is over and it is time to
move on. The fact is that this
Council has worked well together for four years.
He remembered someone s
ying that when C/Zirbes was first elected to the
City Council that he would be
on the short end of a 4-1 vote and he reminded
the individual that his prediction
did not materialize. He outlined numerous
agenda items including economic
development that would move forward
through the combined effort
of the new Council Members. He said that he
believed that D.B. was a "far
n ily" destination and that people moved to D.B.
for a life of quality. Elections
However, it is time to put that
are tough and sometimes they get bitter.
aside and move on with the business of the
City.
C/Herrera stated that every two years D.B. has hotly contested elections.
She recalled that in 1995 there were 11 candidates running for two seats and
the campaign mailers were pretty vicious against then Mayor Phyllis Papen.
The most amazing thing C/Herrera remembered was that someone who
opposed Ms. Papen's re-eletion got copies of her bank statements and her
checkbook and displayed the during Public Comments. Two years ago two
NOVEMBER 15 2005 PAGE 9 CITY COUNCIL
Council Members openly campaigned against two incumbents. There were
rallies in homes, people chanting "out with the H's, in with the T's."
Thousands of dollars were spent to get individuals elected. There were
Council Members going d or -to -door telling people "don't vote for the H's
vote for the T's" and these i ictions were defended during subsequent Council
meetings that everyone t as a right to support whatever candidate they
chose. She said she comp etely agreed with and supported everyone's right
to support the candidate of is/her choice and believed that is what happened
this year. Candidates won congratulations to Steve Tye the #1 vote getter—
she said she was very proud of him and she thanked everyone who
supported his election. Ste congratulated C/Zirbes. Even though people
were going door-to-door and saying "don't vote for him, he's a health risk",
the greater public had tha greater wisdom and re-elected him, a good
decision. The election isover and she recommended that there be no more
personal attacks at the speaker podium because it was a violation of
standards and rules of con uct for City Council meetings. Personal attacks
are not allowed against Council Members but the Mayor permitted it. She
said she was honestly con erned for her physical safety and that she was
happy to see members of ff ie Sheriff's Department present to make sure that
members of the audience ivould not get carried away and do her physical
harm.
C/Tanaka reported that he
attended the League of Cities LA County Division
meeting. Lee Baca, the
Department and his campai
eatured speaker spoke about updates in his
n to increase new deputies; he attended the San
Gabriel Valley Economic Partnership
Breakfast; had a great time attending
the Sunshine Seniors Grou
Indian New Year and thanked Mr. Gulshin and
Mr. Shah for their invitation
; had a great time at the Veterans' Recognition
Ceremony with over 60 in
ividuals receiving recognition; had a fun time at
the Diamond Bar Chamber
of Commerce mixer; had an opportunity to attend
the Grandparents Against
eadbeat Dads and Moms third American Angels
Ensemble; attended a pray
r service for Jack Newe; congratulated M/Chang,
C/Zirbes and Steve Tye on
their elections and reelections. He commented
that some candidates for of
ice interpreted the Business Registration Fee as
a "tax" and a new tax requir
s a two-thirds approval by the voters. The issue
of a Business Registration
Fee was initially discussed and supported over
two and one-half years ago
by the City Council because the City Council
agreed that businesses needed
to be in compliance with the City's zoning
codes and that the City sho
Id be aware of what types of businesses are in
the City and where they are
located. Further, it was felt to be useful for the
City to know how many individuals
worked within each business and the
program would also allow the
City an opportunity to capture information that
would be useful to econo
behooves the City and its service
is development. From a safety standpoint it
units to know whether there are businesses
that deal with chemicals, explosives
or other types of hazardous materials
that could present a safety
ssue within the City's neighborhoods. The $10
fee is not a revenue-gener
ing device and the nominal fee does not cover
the cost to administer the pr
gram. He thanked MPT/O'Connor for her eight
NOVEMBER 15 2005 PAGE 10
CITY COUNCIL
years of service to the residents of D.B. as a Council Members, Mayor Pro
Tem and Mayor. He said he would miss working with her on the Council and
that it had been an honor tc work with her. He felt certain that they would be
working together on othernues within the community. MPT/O'Connor has
represented the City well t many City events and has always represented
the community well. He an Wanda wished MPT/O'Connor and her family all
of the best.
MPT/O'Connor apologized
for missing the last meeting. She was thankful
that her husband had a successful
surgery and was hale and hearty. She
congratulated M/Chang,
campaigns. She said she could
/Zirbes and Steve Tye on their successful
not have lost to better men. She told Mr. Tye
that she was pleased he wa
3 on board to represent the northern end of town
and because his wife workE
for the Pomona Unified School District she felt
certain that Mr. Tye would w
ork to assure equal distribution of funds between
the two school districts. Speaking
to campaign issues, she received no more
and no less City benefits than
any of her fellow Council Members and no
more and no less than the City
offers. All Council Members receive medical
benefits and are able to select
from several available options made available
by the City. Of course she w
uld select the option that was most beneficial to
her and to her family. She r
ever asked for any special option, she took the
options that were available.
very City Council Member has a City cell phone
or identical reimbursement
if the Council Member decides to use his/her
personal cell phone. The City
never washed her personal car, it is hand
washed in her driveway.
organizations ask for Counc
With respect to free golf, all of the non-profit
i support by getting their contacts to play in their
tournaments. C/Herrera did
o for the Walnut Valley Educational Foundation
as MPT/O'Connor did for tl
e YMCA. C/Herrera's husband has played in
many tournaments with MPT/O'Connor
and she was proud to support the
non-profit organizations as
needs of the City's residents.
fundraising becomes necessary to meet the
It has been her
fundraising for local schools
pleasure to help with
and organizations. She has also heard that she
apparently pressured City staff
to do many things and she said that would
most likely depend on the definition
of "pressure." She said she has been
reminded over and over again
by C/Herrera that one Council Member cannot
act alone, it takes three Council
Members. She said she was also amazed
that Mrs. Roberto referred tc
1 her blood donation to C/Zirbes as a "political
stunt." Did anyone know befc
re the surgery that blood was or was not going
to be needed? She said she r
iade her donation as a way of showing support
and to contribute to the well
being of a friend. She and C/Zirbes happen to
share the same blood type A
Negative and if C/Zirbes had needed it, it would
have been available to him.
She also gives blood to the Red Cross every
nine weeks to help save lives
sight was spectacular becau
of people who need blood. Mrs. Roberto's hind-
a C/Zirbes did not need the blood.
always two sides to every story
There are
and she thanked everyone who took the time
to call her to find out the truth.
City staff has also been maligned during this
campaign and she thanked staff
D.B. and said that it had been
for their professionalism and dedication to
a pleasure working with
staff and learning from
NOVEMBER 15 2005 WAGE 11 CITY COUNCIL
staff to improve D.B. S ie said she was proud of what the City had
accomplished during the ast eight years and was especially proud of the
Parks Master Plan, Trails Aaster Plan, Youth Master Plan and the Diamond
Bar Center that were don for all of the residents of D.B. She thanked the
residents of D.B. for allow ng her to serve them during the past eight years.
M/Chang said that during the past eight years he and MPT/O'Connor had
agreed more than they had
disagreed and that MPT/O'Connor had served
the community without personal
agenda and greed for power. He thanked
her for serving the comma
iity during the past eight years. He agreed that the
democratic system allowed
for individuals to support the candidate of their
choice. In terms of supporting
others, lying, defamation, hit pieces and
betrayal of their votes shows
a lack of integrity. A lot of money was spent on
flyers that were filled with
lies and defamation. It is okay to support a
candidate but it is not o
ay to spread lies and distort facts. During the
election the issue of a tax
was distorted beyond reason. If anyone is
interested to learn about the
Business Registration Fee they should go to City
Hall and ask for a business
license comparison matrix. D.B. does not have a
Business License tax. D.
. is a very business -friendly community. People
have a right to know what
is happening next door for reasons of safety, for
property value reasons, for
proper zoning and usage, for a City and the
Chamber to promote businesses
in the community and for business owners
to be responsible for what
they are doing. It is a $10 fee that became a big
tax issue. The Council voted
4-1 to pass the $10 Business Registration Fee.
Regarding a library tax, the
Council agreed 5-0 to put the decision to the
people. C/Zirbes was the
chairman of the library task force, Mr. Tye served
on the task force and M/C
ang also served as a committee member. All were
in agreement that if the library
was to be built the people should make the
decision. This issue is still in the discussion stages and has not been
finalized. People campaigned
by distorting the issue of residents being taxed
and he felt it was not right.
C/Zirbes said that the Council was working
together and that building
a library had been one of the priority goals of the
City since 1997. He addressed
comments to C/Herrera about issues
regarding a possible increase
in Council salaries. He said he supported other
Council Members becaus
they wanted a raise and now they are saying he
wanted a $5,000 raise which
he said was totally disgraceful. No one wants to
take credit for more rumors
and lies and defamation. Nick Anis is a political
consultant for three candidates
and people saw him pounding the "no tax
sign" on the floor and no
one associated with it. D.B. is a great City and
people should not distort
and spread lies. He hoped that from now and
forever the residents would
not again have to witness this kind of
campaigning. When he lived
in Taiwan the campaigning was even worse and
he never expected that when
he came to America it would be so bad. A small
group has tried to maintain
control at any cost and although it is very likely
those individuals could be
traced no one will admit that they are associated
with the small group. During
the past eight years he has tried to say that the
people should run D.B.
Each one of the candidates received a large
percentage of the vote and
the Council Members should be concentrating on
NOVEMBER 15 2005 PAGE 12 CITY COUNCIL
what is in the best interest of the people instead of being in control. In his
opinion, people should put their personal agenda aside, run on their merits
and try not to be too controlling. Thanksgiving is coming up and everyone
should appreciate all that they have — friends, family, community, etc.
10. ADJOURNMENT: With nfurther business to conduct, M/Chang adjourned
the regular City Council m eting at 8:37 p.m.
2005.
LI DA C. LOWRY, CIYY CLERK
The foregoing minutes are (hereby approved this day of
6U4644��
MAYOR