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HomeMy WebLinkAbout10/18/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 18, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 6:20 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. 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; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Ann Lungu, Associate Planner; Sharon Gomez, Senior Management Analyst; Kim Crews, Senior Management Analyst; Ryan McLean, Senior Management Analyst and Tommye Cribbins, Executive Assistant. • Consideration of Palm Trees as Landscape Elements for Commercial Centers • Introduction of the "Form Discussion of a Future Joint Discuss this Concept Based Code" Planning Concept and Meeting with Planning Commission to Public Comments on Study Session Items CONSIDERATION OF PALM TREES AS LANDSCAPE ELEMENTS FOR COMMERCIAL CENTERS. TCDD/Fong stated that although the City has a policy that discourages the use of palm trees, the two commercial projects currently under consideration, Target and Country Hills Towne Center are both proposing to introduce palm trees in their landscape themes and staff is seeking Council's direction. She presented photographs of commercial centers that included palm trees within their landscape themes and pointed out that there were a variety of palm trees. Most developers indicate that their shop owners/tenants do not like to see large trees in front of their stores because they obscure visibility and palm trees are generally more acceptable. C/Zirbes felt that if palm trees were well maintained they would provide a nice landscape in commercial centers but felt it would be wrong to use palm trees exclusively. MPT/O'Connor said she did not mind palm trees up against buildings to help disguise the buildings but she was not excited about seeing palm trees in the entryways. OCTOBER 18, 2005 PAGE 2 CC STUDY SESSION C/Herrera did not like palm trees because they looked like sticks with a little foliage stuck on the top. MPT/O'Connor wondered if there were safety issues with falling fronds. C/Tanaka said he spoke with an architect who felt that palm trees were good accents to the overall landscape and that there must be regular maintenance to prevent falling fronds. MPT/O'Connor pointed out that because D.B. was a `Tree City" that the landscape should be uniform throughout the City and she was not in favor of a large number of palm trees. TCDD/Fong agreed with M/Chang that other types of trees are always included with palm trees to help create a more formal design. M/Chang felt the City needed to find a good balance by fulfilling the developers' needs and at the same time fulfilling the community's beautification plan. He recommended that there be a mixed use to include some palm trees. C/Herrera suggested that no more than 25% of the trees within a landscape plan be palm trees. ICDD/Fong said staff could work with that ratio and that within parking lot areas the developer would be directed to install the evergreen canopy trees to provide shade. M/Chang said he would prefer to have staff determine a more accurate percentage of mix. C/Herrera said she would not want to have a greater percentage of palm trees. ICDD/Fong suggested that instead of a percentage staff could write a design guideline that would state "the use of palm trees is allowed only if the developer supplements with other flowering trees.,, MPT/O'Connor pointed out that no other shopping centers in the City have palm trees and why would the City now consider allowing palm trees? C/Zirbes said because this was what the developer was proposing and that it was not a question of the City wanting to make a change. Following discussion, Council concurred to direct staff to write design guidelines that would include a mixed use of trees including a limited number of palm trees. OCTOBER 18, 2005 PAGE 3 CC STUDY SESSION 2. INTRODUCTION OF "FORM BASED CODE" PLANNING CONCEPT AND DISCUSSION OF A FUTURE JOINT MEETING WITH THE PLANNING COMMISSION TO DISCUSS THE CONCEPT. 1CDD/Fong stated that during the Planning Commissioners Institute the Commissioners were introduced to the "Form Based Code" a type of code that they were interested in pursuing because of the type of planning tools that could be utilized to create better guidelines for residential and commercial development in the City. Traditionally, zoning codes are separated into residential use, commercial use, industrial use and open space. The Form Based Code is different in that it regulates the three- dimensional building environment. The Form Based Code talks about the size and character of the streets, the building location, height of the building, character of the building and the landscaping as a single code for mixed use environment. ICDD/Fong displayed a photo showing an area of Petaluma where the City utilized the formed based code in a Specific Plan area. 1CDD/Fong offered that D.B. areas that could utilize form -based code are the Tres Hermanos area, the Kmart area, Site D and certain annexation areas and in short, the General Plan could be amended to include the form -based code criteria and the Zoning Code could be supplemented with the criteria as well. MPT/O'Connor wanted to know if this was similar to the "smart -growth" approach to mixed use. CDD/Fong said that in her opinion, from a planning perspective it was an old concept with a new name. For example, urbanism, new urbanism and smart growth are all the same concept and street calming devices are part of urbanism. CM/Lowry stated that tonight's discussion was a brief concept overview of what would be discussed in greater detail during the joint meeting with the Planning Commission. ICDD/Fong said she would provide the Council Members with copies of the institute's literature prior to the joint meeting. Joe McManus, Planning Commission Chairman, felt this presented an opportunity for the City to take control of its growth and that there was a lot more to the form -based code than time permitted ICDD/Fong for elaboration this evening. The Council concurred to have staff schedule a joint session with the Planning Commission. OCTOBER 18, 2005 PUBLIC COMMENTS: PAGE 4 CC STUDY SESSION There were no public comments offered. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Sessiyat6:m. Linda C. Lowry, City rk The foregoing minutes are hereby approved this 1st day of Noventber 2005. 1 CHANG, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 18, 2005 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda Items ► Labor Negotiations with unrepresented Employee Government Code Section 54957.6: Assistant City Manager ► Potential Litigation — Government Code Section 54956.9(c) —1 Case ► Conference with Real Property Negotiators: Government Code Section 54956.8 Property Address: Sandstone Canyon Agency Negotiator: City Manager Negotiating Party: Walnut Valley Unified School District Under Negotiation: Price and terms of Payment STUDY SESSION: 5:30 p.m., Room CC -8 ► Consideration of Palm Trees as Landscape Elements for Commercial Centers ► Introduction of the Planning Concept called "Form Based Code: and Discussion of a Future Joint Meeting with the Planning Commission to discuss the Concept. M/Chang adjourned the Study Session at 6:37 p.m. CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:58 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that City Council began its evening with a Closed Session with no reportable action followed by a Study Session during which Council received reports on the consideration of palm trees as landscape elements for commercial centers and gave direction to staff to formulate language to allow limited use of palm trees with other types of trees. Staff also gave a brief introduction of a planning concept called "Form Based Code" with direction to staff to schedule a joint meeting with the Planning Commission for an in depth discussion and consideration of the concept. PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Connor led the Pledge of Allegiance. OCTOBER 18, 2005 PAGE 2 CITY COUNCIL INVOCATION: Ahmad H. Sakr, Ph.D. Islamic Education Center, gave the Invocation. ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Marsha Roa, Public Information Manager; Ryan McLean, Senior Management Analyst; Linda Magnuson, Finance Director and Tommye Cribbins, Executive Assistant. APPROVAL OF AGENDA: As Presented. i . SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang proclaimed October 28, 2005 as "National Immigrants Day. 1.2 Mayor Pro Tem O'Connor proclaimed October 23-29, 2005 as "Red Ribbon Week." Deputy Wright spoke about the program and acknowledged the City's enthusiastic participation and support. He also handed out Red Ribbon Bracelets. 1.3 Mayor Chang presented a proclamation from Governor Arnold Schwarzenegger to Carol Herrera commemorating her service to the League of California Cities, Los Angeles County Division. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Consideration of Mailing City Council Agendas —ACM/Doyle assured residents that the City was very interested in providing information to the public and did so in a variety of ways while operating within its existing resources and staffing levels. City Council meeting agendas are posted on Fridays at Heritage Community Center and at the SCAQMD building and complete agenda packets including backup materials are placed at the D.B. Library and City Hall. In addition, extra copies of the agenda are made available at the front counter of City Hall for pickup at no charge; the entire agenda is scrolled on DBTV Channel 3 from Friday night until Tuesday; the agenda and staff reports are placed on the City's website that offers an agenda subscription program on-line; and, the City Manager reads the agenda items during the City Council meetings. Staff recommends that because the City provides detailed information in a number of available formats that no mailing program be initiated. If, however, the Council recommends that a mailing program be made available to all residents staff would recommend that it be directed to put a program OCTOBER 18, 2005 PAGE 3 CITY COUNCIL together requiring individuals to pay for postage. 2.2 Trails Project — presentation by CSD/Rose. CSD/Rose updated the City Council on the status of the Trails Master Plan adopted in 2001. The recreation trails map for the entire City is being digitized and improved for inclusion within the City's website. Using a power point presentation he illustrated how staff is working on the 2.5 acres of hiking trails and trailheads in Sycamore Canyon Park and the 350 acres of open space adjacent to the Diamond Bar Center. In addition to the grants the City has received, additional grants from the State Recreation Trails and the Proposition 50 California River Parkways grants to complete the decomposed granite trails at Sycamore Canyon Park are currently under consideration. The City intends to continue its pursuit of grant funds. To date the City has been awarded $382,984 in competitive grant funding for construction of the trails and the City has used additional funding for construction from Proposition 12 and from the Los Angeles County Safe Parks Act Proposition A. Staff has applied for additional funding in the amount of $587,000 to complete the remainder of Sycamore Canyon Park's decomposed granite trails. CM/Lowry said that she attended a couple of City Council meetings in advance of being hired as the D.B. City Manager and recalled the Council's concern about adopting the Trails Master Plan and the implication that millions of dollars would be required for its implementation. She felt that the Community Services Division had done an excellent job in finding outside funding sources and believed that one of the most exciting aspects of this project was that this plan offered a unique potential for a suburban community to have trails developed in such a short period of time. D.B. is "under parked" and by exploiting these trails it offers a unique opportunity for an expanded quality of life and health element in the middle of the City. She congratulated the Community Services Division on its continued effort to bring the Trails Master Plan to completion. 3. PUBLIC COMMENTS: Allen Wilson asked residents to carefully consider the election information and verify facts in order to make an informed and wise decision for the November 8 election. The Council works as a collective body and no one person is responsible for making policy. Janet Laiblin, Public Affairs Specialist, SCAQMD thanked staff and Council for the City's positive response to air quality issues. AQMD recently settled with British Petroleum and Arco for a considerable amount of money and intends to use six million of the settlement for projects in the four southern counties. She invited the City to participate in the November 2 meeting in Rialto and for staff and residents to indicate preferred projects on-line as well. In addition, the SCAQMD is sponsoring a coloring contest and the deadline is OCTOBER 18, 2005 PAGE 4 CITY COUNCIL November 10. The first place winner will receive $100 and additional winners will receive $50 each. Every winning picture and its artist will be featured on the AQMD calendar. Lydia Plunk, Editor, The Windmill, stated that this month's issue was dedicated to helping and happiness. Next month's edition is about gratitude and it is dedicated to the men and women of the armed services, both active and inactive. Lydia Plunk, speaking as a private citizen on Item 2.1 said that with all due respect it was amazing to her that the bureaucracy would stand between the City and a resident's ability to receive an agenda packet in the mail. She said that sometimes it is more acceptable to show humanity and fill a need. She offered to start a collection to pay for postage in order to allow residents to receive packets in the mail. It seemed to her that the simplest and easiest thing to do would be to provide someone with an agenda and if it becomes a larger issue it should be revisited at that time. Vinod Kashyap asked CM/Lowry to clarify whether the election was for three City Council seats or whether it was for the Mayor's position. He said there were many rumors floating around the community and he was recently asked whether this was an election for a mayor only because he was told by the resident that the information came from Mr. Chang's office. Mr. Kashyap said he could not believe that Mr. Chang would do such a thing. He asked for clarification and appealed to all five Council Members to say to the residents that the election was about electing three people and it was about five people who were standing for election. Clyde Hennessee thanked the secretary for the commentary about why he cannot get an agenda. The City mailed agendas for many years at the request of residents and now he is told that the City cannot afford to mail agendas. The City continues to upgrade its equipment and it should be a simple matter to print agendas and mailing labels. He found it shameful that the City should offer excuses for not being able to mail agendas since it was spending up to a half million dollars to find out whether the residents wanted a new library. He encouraged everyone to vote in the November 8 election and give careful consideration to candidates' agendas. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang responded to a speaker that the sample ballot contained information on how many seats are open on the November 8 election and that it was not an election for a new mayor. The City of D.B. has never had an election for mayor because the Council Members select a mayor. He said he would have appreciated Mr. Kashyap telling him about the rumor when Mr. Kashyap visited his campaign headquarters on Saturday evening to offer his support because he would have told Mr. Kashyap not to believe such rumors. This is the time for people to give careful consideration to the individuals that they wish to elect to the City Council and not talk about "silly season." He stated that the business registration was a fee and not a tax and afforded the City a method for tracking the types and location of businesses in D.B. He said that the OCTOBER 18, 2005 PAGE 5 CITY COUNCIL decision about whether the residents should vote to build a new library and be taxed for the construction and a portion of the ongoing operating expenses was a decision made by the entire Council. In response to C/Herrera's request CA/Jenkins stated that the Brown Act allows Council Members to make brief responses to comments from the audience. M/Chang went on to say that the decision about a new library was the people's choice and the Council had not made a decision yet. With respect to the golf course it has been the City's goal for three years and it is just a vision for bringing the best interest to the community. There is no plan for the golf course at this time and the residents should not be misled. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING -October 25, 2005 - 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr, 5.2 PARKS AND RECREATION COMMISSION MEETING - October 27, 2005 - 7:00 p.m., Hearing Board Room, AQMD/Government Center 21865 Copley Dr. 5.3 "Hall of Horrors" Haunted House - October 28, 29 and 31, 2005 - 6:00 - 9:00 p.m., - Heritage Park, 2900 S. Brea Canyon Road. Admission $4.00. 5.4 Fall Fun Festival - October 31, 2005 - 4:30 -- 8:30 p.m. - Heritage Park, 2900 S. Brea Canyon Rd. Admission $4.00 per child. 5.5 CITY COUNCIL MEETING - November 1, 2005 - 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 PUBLIC SAFETY COMMITTEE MEETING - November 7, 2005 - 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.7 ELECTION DAY - November 8, 2005 - Polls open 7:00 a.m. to 8:00 p.m. 6. CONSENT CALENDAR: C/Zirbes moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Items 6.9. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor, MlChang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OCTOBER 18, 2005 PAGE 6 CITY COUNCIL 6.1 CITY COUNCIL MINUTES — Regular Meeting of October 4, 2005 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of September 13, 2005 6.2.2 Regular Meeting of September 27, 2005 6.3 RATIFIED CHECK REGISTER dated September 30, 2005 through October 13, 2005 in the amount of $1,150,854.74. 6.4 REJECTED CLAIM — filed by Zin Maw on September 8, 2005. 6.5 APPROVE FILING OF NOTICE OF COMPLETION FOR SLURRY SEAL AREA 1 PROJET AT VARIOUS LOCATIONS. 6.6 APPROVED $1900 CARRYOVER OF TUITION REIMBURSEMENT FOR THE CITY MANAGER FOR A TOTAL OF $4900 IN FY 2005-06. 6.7 ALLOCATED $400 FROM THE COMMUNITY SUPPORT FUND IN SUPPORT OF THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT "STAR" PROGRAM SKYDIVING TEAM. 6.8 ADOPTED RESOLUTION NO. 2005-56 SUPPORTING PROPOSITION 76 "LIVE WITHIN OUR MEANS ACT," ON THE NOVEMBER 8, 2005 STATEWIDE SPECIAL ELECTION BALLOT. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.9 APPROVE CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR DESIGN ENGINEERING SERVICES FOR TRAFFIC SIGNAL AND INTERCONNECT INSTALLATION ON GRAND AVENUE AT DIAMOND BAR BOULEVARD IN THE AMOUNT OF $13,000; AND AUTHORIZE A CONTINGENCY AMOUNT OF $3,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION OF $16,000. C/Zirbes commented that traffic is one of the three main concerns in the City. Since prior to joining the Council he has felt that the City practices a "knee-jerk" reaction with respect to signal placement and since serving on the Council all signal items have appeared on the agenda as Consent Calendar items. Outside of peak hours the City does not have a traffic problem. However, the inconvenience with signals is a problem that is caused by the Council. In its goal to balance out what is good for the residents to get them safely out onto major boulevards, the City fails to address what it means during the remaining 20 hours of a day. For example, he left home at about 7:30 p.m., traveled down Morning Canyon to Diamond Bar Blvd. and there OCTOBER 18, 2005 PAGE 7 7. a CITY COUNCIL was no oncoming traffic from either direction. He made all green signals to arrive at his destination at Grand Avenue in about two minutes. However, on the way back home he caught four of the five red signals that turned for one car to be able to exit a side street. He said he was concerned about the placement of this signal and how it might back up traffic in the afternoon on northbound Diamond Bar Blvd. He would like to approve the amendment and include some type of a study session with staff and PWD/Liu's team to determine what type of criteria staff looks at for getting a signal approved to get a better understanding about what the City is doing to provide interconnect and move forward to a much improved digital synchronization system. C/Zirbes moved, C/Tanaka seconded, to approve Consent Calendar Item 6.9 with the amendment to schedule a study session to talk about signals, their placement and the future of digital synchronization in the City. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PUBLIC HEARINGS: None COUNCIL CONSIDERATION: None Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang None None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said he had an exciting time at the League of California Cities Annual Conference in San Francisco that he and ACM/Doyle attended. He was excited to present the D.B. flag at the opening session and he listened to some very exciting speakers including Steve Wesley, Anthony Williams, Washington D.C. Mayor and California Governor Arnold Schwarzenegger. He attended many sessions including sessions on green buildings, key actions for placing successful ballot measures, managing big box development and took advantage of the extensive expo. He participated in the "Read Together D.B." Pumpkin Patch; attended the D.B. Chamber Mixer with MPT/O'Connor where he networked with many businesses; attended along with MPT/O'Connor, M/Chang and C/Herrera the Retirement Luncheon for Mr. Gunn and General Manager Karen Powers of the Water Board; attended the Deane Homes Neighborhood Watch meeting, and attended the Youth Master Plan Phase II meeting with both school districts. On October 19 from 6-9 p.m. the Friends of the Library challenge will be held at the Diamond Bar Center. On Sunday, October 23 the Friends will host the second annual Author Day with approximately 50 authors participating. OCTOBER 18, 2005 PAGE 8 CITY COUNCIL C/Herrera stated that a couple of weeks ago she spoke about a meeting she would be attending in Rowland Heights to listen to residents of Rowland Heights as a Commissioner of LAFCO that deals with annexations and incorporations of communities. Some D.B. residents expressed concern that the D.B. City Council was moving forward to annex Rowland Heights, a topic that was discussed at the earlier study session to allow her to gather opinions from her colleagues. The reason she asked for a study session to gather the opinions of her fellow Council Members is that the Brown Act prohibits her and other Council Members from discussing such matters on an individual basis. She went to the meeting in Rowland Heights on October 13 and learned that the residents had already learned what the D.B. Council had concluded. In fact, several of the Rowland Heights residents attended the D.B. Council meeting and heard the opinions of the Council Members. She reported that the conversation on October 13 turned to incorporation and said she shared information with the residents and indicated to them that it was a difficult thing to accomplish. Hacienda Heights went through incorporation efforts several times. She was not certain whether Rowland Heights had ever considered incorporation but it was a costly effort and it was incumbent upon the citizenry to raise money the $105,000 for the two to three year process. She reiterated that the only consideration on the table at this time was for the incorporation of Rowland Heights and not for the annexation of Rowland Heights to D.B. C/Herrera stated her opinion about mailing agendas was that the City was the people's government and the City existed to serve the residents as the residents direct. The City Council Members are elected by the residents to govern on behalf of the residents according to their will. She too felt it was the City's primary goal to communicate with the residents and believed the City should continue to mail out the agendas until it became prohibitive at which time the City Council would reconsider the matter. One resident offered to pay the 37 cents and she was thinking that she would volunteer to address the envelopes to the residents and put stamps on them to make sure they were mailed. She stated again that she felt it was important that the City serve the community and govern the City as the residents direct and urged the City to continue mailing out its agendas. C/Herrera said that she had a very serious concern that the Brown Act was violated earlier this evening and she had an even greater concern that after she asking for an opinion from CA/Jenkins that the Mayor continued to speak. The Brown Act is nothing to laugh or to sneeze at. It is incumbent upon the City Council to obey the laws and not abuse public office for purposes of campaigning. She said she refused to be a party to violation of law and the next time that it was violated she would leave the dais and the Council Meeting. C/Herrera left the dais and the Council Meeting after stating she would not be a party to breaking laws. C/Zirbes complimented C/Tanaka on his smile and excellent League of Cities photograph. He said that he used to get two agendas mailed to his house and that he did not know the number that were currently mailed but most OCTOBER 18, 2005 PAGE 9 CITY COUNCIL people probably know that they can get the agendas on-line. Perhaps the City Council should discuss a budget item to include an amount for postage for mailing agendas for the few folks who do not have access to online agendas. Last week he and M/Chang convened the Neighborhood improvement Committee to discuss the active cases and the progress made by staff and the City Prosecutor proving that the ordinances have been very effective and how to minimize the problems of the holiday lights after the first of the year as well as campaign signs. He and M/Chang also convened the Economic Development Committee and discussed many potential projects and related issues, projects that will help to promote economic development and allow the City to fund programs and ensure the City's future financial stability. Commenting on a statement by an earlier speaker, C/Zirbes assured the community that he made a motion for a $20,000 study and not for a $200,000 or $500,000 study. ClZirbes updated the community on his prognosis stating that he was not able to completely eradicate his tumor during treatment. After eight months of treatment at the City of Hope and not seeing much progress he opted for surgery and sent the sample out for testing. City of Hope continued to treat him with a very similar formula and the report from Dr. Nagorni stated that the least effective medicine protocol that ClZirbes should be on was in fact the one that was currently being administered. Dr. Nagorni also indicated that the protocol C/Zirbes needed to be on was something different. In response to rumors that people should not vote for him because he won't be alive at the end of the year is a horrible rumor and whoever brought that rumor to the residents, the residents should not vote for that person. A chart was placed on the video screen. As of Friday he completed the third round of his revised treatment cycle and he reported the results that were available at the end of the second round of treatment. Marker number one should be under 35 to be in remission. He was at 9,600 and he is now at 1,000; marker number two should also be under 35. It was at 300 and after two treatments it was at 50. Marker number three should be at 5.0, it was at 48 and after two treatments it was at 6. And, he said he would naturally assume the numbers would be even lower after his third treatment last week and the numbers were very encouraging for him and for his family. He said that he had intended to update the Mayor on his progress, but after learning of the rumors felt that he had an obligation to share the results with his constituents. He said that he intended that the information be informative and not self-serving, and again stated that it was an honor and a privilege for him to serve the community as a member of the D.B. City Council. MPT/O'Connor said she appreciated ClZirbes' excellent news and if anyone was knocking on doors and spreading such rumors they should be ashamed of themselves. There was a candidate forum a couple of weeks ago and she said she understood that it would be re -broadcast on Channel 3 on Wednesdays. She attended the Contract Cities seminar last weekend and Homeland Security and Emergency Preparedness were among the topics discussed. She felt that the D.B. residents needed to be aware that in the event of a major earthquake the City could become a virtual island because OCTOBER 18, 2005 PAGE 10 10. CITY COUNCIL bridges of the freeway surround the City. Residents should definitely heed comments offered by Deputy St. Amant during a recent City Council meeting. The families should warehouse sufficient supplies outside of their residences to maintain for a period of time. She said she was disappointed about the City's position on mailing agendas because the City was supposed to serve the public and provide residents with what they need. Therefore, she would support a discussion of a budget item to provide postage for mailing agendas. In addition, she would prefer to have the agendas available on Thursdays prior to the meetings to give Council Members an opportunity to contact staff members with their questions. She was disappointed that C/Herrera left the meeting because she felt that CA/Jenkins would advise the Council if he felt there was a Brown Act violation. M/Chang congratulated C/Zirbes on his dramatic improvement and said he encouraged C/Zirbes to continue speaking openly with the residents. He felt that C/Zirbes was very courageous to share his treatment history. He said he would not reiterate all of the meetings that he attended during the past two weeks. Referring to his earlier response to public comments and whether he violated the Brown Act, he related only the facts of what occurred that the Council made its decisions and why the Council made the decisions so there was no violation of the Brown Act. He respected Counsel requesting that he be brief in his statements, and he was brief with his statements. The Brown Act happens when a new issue is being discussed and he was not discussing any new opinion, he was just restating the voting record. He certainly tried to avoid a debate with his fellow Council Members so that when the Legal Counsel asked that he be brief he finished quickly. He has been a Council Member for eight years and he said that he respects every person and he respects the law over his own opinion. He lives in America for freedom, opportunity and a better quality of life and he respects the law and never violated the Brown Act. He regrets that a Council Member took it differently and left the podium. However, he respects every opinion and the individual's right to disagree. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 8:30 p.m. e�C4 INDA C. LOWRY, C CLERK The foregoing minutes are hereby approved this ist day of November-, 2005. WEN CHANG, MAYOR