HomeMy WebLinkAbout04/04/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 4,1995
CALL TO ORDER: Mayor Papen called the meeting to order at 6:41
p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of
Allegiance by Mayor Papen.
ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro
Tem Werner and Mayor Papen.
Also present were Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Michael Jenkins, City Attorney; George Wentz, City
Engineer; Jim DeStefano, Community Development Director; Bob Rose,
Community Services Director and Lynda Burgess, City Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC.:
2.1 Proclaimed April, 1995 as "Fair Housing" Month.
2.2 Proclaimed April, 1995 as "Fair Housing" Month. Accepted by
Christina Lopez representing the L.A. County Fair Housing Council.
3. PUBLIC COMMENTS: Max Maxwell, 3211 Bent Twig Ln., asked staff
to elaborate on Item 6.12 regarding Senate Bill 323 and the waiver on Item
6.14 regarding City Attorney conflict of interest.
Red Calkins, 240 Eagle Nest Dr., expressed concern that residents in north
D. B. are being treated differently than those in south D. B. and that new stop
signs should be installed in that area as well.
Wilbur Smith, 21630 Fairwind Ln., asked for clarification of Items 6.12 and
6.14 and expressed concern about mistakes in the amendment to the
agreement with Michael Brandman Assoc., Item 6.15.
Terry Birrell criticized the selection process used for selection of an auditor
and asked for the point system used by the Council in evaluating the
proposers. She also commented on the General Plan and reminded the
Council that this is an application to initiate proceedings.
Don Schad, 1824 Shaded Wood Rd., offered special thanks to Charrie
Hunter, a teacher at Maple Hill School, and residents who helped plant 60
trees and 11 cherry bushes at Peterson Park. He also thanked Bob Rose,
Community Services Director, who re-routed sprinklers to provide water for
- the trees. He announced that on April 22, 1995 at Sycamore Canyon Park,
a Nature Wilderness and Entertainment Day will be held and anyone
APRIL 4, 1995
PAGE 2
interested in going on wilderness hikes can contact the Wilderness
Conservancy or City Hall.
Steve Nice, Rising Star Dr., criticized MPT/Werner and his past actions.
4. COUNCIL COMMENTS: C/Harmony felt that the General Plan should be
placed on the ballot. He commended the Friends of the Library on their
successful wine -tasting soiree fund raiser and announced that the opening
of the Dial -A -Ride program will be held at Heritage Park on Tuesday, April
18, 1995 at 11:30 a.m.
C/Ansari also commended the Friends of the Library for the successful
Soiree.
C/Miller commented on the Chamber installation. He also advised that he
attended the Governmental Organization Committee regarding Senate Bill
387, MRF issue in Sacramento and that a number of legislators commented
in favor of the City of Industry.
M/Papen thanked residents for attending the Library Soiree and advised that
she threw out the first ball for the Little League and thanked all the
volunteers for their hard work throughout the community. She announced
that there have been sightings of mountain lions in "The Country" and asked
staff to contact the Department of Fish & Game to find out what steps are
necessary for the safety of the residents, as well as looking into the
possibility of posting signs. Regarding selection of an auditor, she stated
that there were 10 applicants who were screened in the selection process.
In response to C/Harmony, CM/Belanger reported that he had received a call
from the City's lobbyist, Joe Gonzalves indicating that it was the intention of
Gonzalves & Sons to represent the City of Industry in opposition to SB387.
Further, Mr. Gonzalves had previously agreed not to represent any one city
in this matter.
5. SCHEDULE OF FUTURE EVENTS:
5.1 JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION
April 6, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley
5.2 USED OIL PROMOTIONAL EVENT -April 8, 1995 -10:00 a.m. -1:00
p.m., Tim's Mobile, 22628 E. Golden Springs Rd.
5.3 PLANNING COMMISSION - April 10, 1995 - 7:00 p.m., AQMD
Auditorium, 21865 E. Copley
5.4 TRAFFIC & TRANSPORTATION COMMISSION - April 13, 1995 -
6:00 p.m., Heritage Park Community Center, 2600 Brea Canyon Rd.
5.5 CITY COUNCIL MEETING - April 18, 1995 - 6:30 p.m., AQMD
APRIL 4, 1995 PAGE 3
Auditorium, 21865 E. Copley
5.6 DIAMOND RIDE DIAL -A -CAB GRAND OPENING - April 18, 1995 -
11:30 a.m., Heritage Park Community Center
5.7 SCAG WORKSHOP - May 9, 1995, AQMD Room CC -6, 21865 E.
Copley
6. CONSENT CALENDAR: Regarding Item 6.10, CM/Belanger
explained that construction inspection services for traffic signal installations
are provided by the City on all public works projects. He stated that this item
is on the Agenda because Warren Siecke is going to be providing these
services for each of the three projects and because the total cost of
providing of that service is greater than $10,000.
C/Ansari moved, MPT/Werner seconded to approve the Consent Calendar
with the exception of Items 6.10, 6.12, 6.13, 6.14, 6.15, 6.16 and 6.17. With
the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/ Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES - Regular Meeting of March 7, 1995 - as
submitted.
6.2 RECEIVED & FILED - Traffic & Transportation Commission Minutes
of February 9, 1995.
6.3 RECEIVED & FILED - Parks & Recreation Commission Minutes of
February 23, 1995.
6.4 APPROVED VOUCHER REGISTER - dated April 4, 1995 in the
amount of $477,631.33.
6.5 APPROVED & FILED TREASURER'S REPORT - February, 1995.
6.6 RELEASED GRADING CASH BOND POSTED FOR 1805 TINTAH
DR. - Declared the obligations null and void and released the cash
bond in the amount of $1,530 and instructed the City Clerk to notify
the Principal.
6.7 AWARDED CONTRACT FOR CONSTRUCTION OF NEW
SIDEWALKS ON DIAMOND BAR BOULEVARD - to JDC, Inc. for
construction between Fountain Springs and Pathfinder Rds. in an
amount not to exceed $24,300 with a contingency of $4,000 for
APRIL 4, 1995 PAGE 4
project change orders to be approved by the City Manager.
6.8 AWARDED CONTRACT FOR MAINTENANCE OF LANDSCAPE
ASSESSMENT DISTRICT NO. 38 - to Mariposa Horticultural
Enterprises, Inc. in the amount of $38,400.
6.9 AWARDED CONTRACT FOR MAINTENANCE OF LANDSCAPE
ASSESSMENT DISTRICT NO. 41 - to Landscape West, Inc. in the
amount of $35,400.
6.11 APPROVED PANTERA PARK PROJECT AGREEMENT WITH LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT SPECIFIED PROJECT GRAM 7 PROGRAM IN THE
AMOUNT OF $1.47 MILLION.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.10 AWARDED CONSTRUCTION INSPECTION SERVICES CONTRACT
FOR TRAFFIC SIGNALS INSTALLATION ON GOLDEN SPRINGS
DRIVE AT CARPIO DRIVE, GOLDEN PRADOS DRIVE AND --
PROSPECTORS ROAD - MPT/Werner asked if this contractor was
the lowest bidder and if the consulting City Engineer was given an
opportunity to bid on this project and if not, why not.
CM/Belanger advised that because of the amount related to this
project, the City is required to request proposals and because of that,
staff utilized engineering firms that are on-call for the City.
SE/Liu advised that Warren C. Siecke was the lowest bidder and is
the engineer of design.
MPT/Werner asked if the installation process was being handled
differently because they are being installed in the northern part of the
City.
CM/Belanger advised that because there are three signals, inspection
costs will exceed the City Manager's authority of $10,000 and was
included on the agenda for approval.
MPT/Werner expressed concern that the design engineer and the
inspecting engineer are the same. --
CM/Belanger advised that any registered engineer has an obligation
to follow the codes which govern their activities.
APRIL 4, 1995 PAGE 5
C/Ansari asked that when the traffic engineers were selected, what
kind of fees were presented, i.e., hourly, monthly.
CM/Belanger advised that the engineers proposed for each
inspection services.
MPT/Werner moved, C/Ansari seconded to award a construction
inspection services contract for traffic signals installation on Golden
Springs at Carpio, Golden Springs and Prospector's in the amount of
$13,230 plus a contingency amount of $1,000. With the following
Roll Call vote, motion carried unanimously:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.12 SENATE BILL 323 AMENDING THE PUBLIC RECORDS ACT - CC/
Burgess advised that the proposed legislation for SB 323 could
provide severe difficulties for the public as well as Cities in accessing
public records and would eliminate provisions for privacy protection
of individuals, opening up arrest records for public inspection, etc.
In response to MPT/Werner, CC/Burgess advised that the League's
position is to oppose legislation and this is the request of the League.
She also advised that there is no way to calculate a cost at this time.
M/Papen advised that this Bill would affect any city that does not have
their records on computer as they would be forced to provide this type
of public access at great expense.
With consensus of Council, this matter was continued to April 18
1995.
6.13 AUTHORIZATION TO DISPOSE OF SURPLUS CITY PROPERTY -
M/Papen reported that this item is to authorize the sale of four 15 -
passenger Dodge shuttle vans, originally purchased for $8,000, on
consignment with JM Int'I. Transportation for soliciting competitive
bids.
In response to C/Harmony, CM/Belanger advised that the City
evaluated its transportation alternatives and in doing so, determined
that use of these vehicles is not viable and recommended that they
be disposed of by sale through consignment. He stated that they
could be sold at the same price for which they were purchased.
APRIL 4, 1995 PAGE 6
C/Harmony moved, C/Ansari seconded to (1) approve the City
Manager's declaration of surplus property; (2) direct the City Manager
to place these vehicles on consignment with JM Int'I. Transportation
for the purpose of soliciting competitive bids; and (3) authorize the
City Manager to sell each vehicle to the highest bidder. With the
following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.14 CONFLICT OF INTEREST WAIVER FOR RICHARDS, WATSON &
GERSHON RELATED TO VTM 47850 - CA/Jenkins explained that in
1992, an associate named Mark Lampkin from the firm of Richards,
Watson & Gershon prepared articles of incorporation, bylaws and
CC&R's on behalf of JCC Development in connection with tract map
47851. In connection with the request for proposal for City Attorney
services in September 1994, he wrote a letter explaining that Mr.
Lampkin had performed this service and disclosed that Mr. Lampkin
had done no other work on behalf of JCC in Diamond Bar. Further,
there :s current litigation on a companion tract to Tract Map 47850
CC&R's.
MPT/Wemer moved, C/Ansari seconded to deny the waiver request
and direct staff to retain other legal services (perhaps Leonard
Hempel) pursuant to the purchasing policy for purposes of the review
process for Vesting Tract Map 47850. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS - Miller, Ansari, MPT/Werner
NOES: COUNCIL MEMBERS - Harmony, M/Papen
ABSENT: COUNCIL MEMBERS - None
C/Hamwny asked if Leonard Hempel is prepared and has knowledge
on zoning issues.
CM/Belanger advised that Mr. Hempel is a City Attorney for the City
f of Yorba Linda and has dealt with zoning issues.
M/Papen commented on the extra expenses for an additional attorney
that is not in the budget. She felt that Mr. Jenkins did not have a
conflict of interest in this tract issue.
M/Papen called for reconsideration of the motion. MPT/Werner
moved, C/Ansari seconded to deny the waiver request and direct staff
APRIL 4, 1995 PAGE 7
to retain other legal services (perhaps Leonard Hempel) pursuant to
the purchasing policy for helping the City get through the review
process of Vesting Tract Map 47850. With the following Roll Call
vote, motion failed:
AYES: COUNCIL MEMBERS - Ansari, MPT/Werner
NOES: COUNCIL MEMBERS - Harmony, Miller, M/Papen
ABSENT: COUNCIL MEMBERS - None
MPT/Werner moved, C/Ansari seconded to deny the waiver request,
direct the City Manager to retain legal services for this project
(suggested Leonard Hempel) within the scope of the purchasing
Ordinance. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
6.15 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BRANDMAN ASSOCIATES REGARDING
ENVIRONMENTAL SERVICES FOR VTM 47850 - In response to
MPT/Werner, CM/Belanger reported that the costs are covered by the
developer in monthly installments. He stated that the agreement with
the developer is verbal.
Also in response to MPT/Werner, CA/Jenkins stated that the Council
could approve this with the understanding that it would not be
executed until or unless a written agreement with the developer is
executed providing that there will be a binding commitment that the
City will be reimbursed for these expenses.
MPT/Werner moved, C/Miller seconded to direct staff to execute an
agreement with the developer for reimbursement to the City prior to
execution of this agreement. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.16 SUPPORT OF JOE VASQUEZ FOR THE POSITION OF
CALIFORNIA CONTRACT CITIES ASSOCIATION TREASURER -
MPT/Werner reported that the proposal was for the Council to
APRIL 4, 1995 PAGE 8
endorse Joe Vasquez's candidacy and that he supported Mr. De La
Rosa and Mr. Vasquez for the candidacy. He stated that with his and
the Mayor's recommendation, he would like to see this issue voted on
to set a precedence for the future.
M/Papen moved, MPT/Werner seconded that the delegate be
authorized to vote for the appropriate candidate after the 2nd voting
round. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.17 APPROVAL OF PETERSON PARK AGREEMENT WITH LOS
ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT PER PARCEL DISCRETIONARY GRANT PROGRAM -
CM/Belanger explained that there has been some drainage problems
at this park that has caused ponding of water in several areas and
this will be corrected with the retro -fit program next year. ---
C/Harmony moved, C/Ansari seconded to approve the Peterson Park
project agreement with L.A. County Regional Park and Open Space
District per parcel discretionary Grant Program in the amount of
$140,000. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7. PUBLIC HEARINGS: None.
8. OLD BUSINESS:
8.1 ORDINANCE NO. 03(1995): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A
TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80
OF THE LOS ANGELES COUNTY CODE.
Frank Dursa suggested that the City include in their dial -a -cab ---
contract service to FHP in Fullerton.
MPT/Werner advised that there is a 10 -mile radius from the city
limits; therefore these FHP locations are included.
APRIL 4, 1995 PAGE 9
Dr. Lawrence Rhodes, Fiber Ct., asked if the taxi cab will wait at a
doctor's office for a period of time.
CM/Belanger advised that persons need to pre -arrange the trips to
and from a doctor's appointment.
ACM/Usher advised that the ordinance provides regulatory process
for both dial -a -cab and conventional cab services. He explained that
the City Attorney's recommendations substantially changed the
Ordinance but that it accomplishes the same things as the first
Ordinance introduced.
MPT/Werner moved, C/Harmony seconded to approve first reading
of ORDINANCE NO. 03(1995): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A
TAXICAB OPERATION SYSTEM AND REPEALING CHAPTER 7.80
OF THE LOS ANGELES COUNTY CODE. With the following Roll
Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS -None
ABSENT: COUNCIL MEMBERS - None
8.2 GENERAL PLAN 1995; DISTRIBUTING OF FINAL DRAFT
DOCUMENT, ESTABLISHING OF PUBLIC HEARING IN MAY, AND
REFERRAL OF SPECIFIC MODIFICATIONS TO THE PLANNING
COMMISSION FOR RECOMMENDATIONS - CDD/DeStefano
reported that all of the Council's comments in regard to the Planning
Commission's recommended General Plan were ready to distribute
for the 30 -day public review. He recommended that Tuesday, May 9,
1995 be scheduled to begin the adoption process for the General
Plan. Further, he recommended that the Council refer the Plan to the
Planning Commission for review and recommendations in four
specific areas (primarily dealing with the Land Use and Housing
Elements): 1) establishment of a high density residential classification
at 20 dwelling units per acre; 2) addition of residential uses at a
density of one unit to two acres within the agricultural designation; 3)
revisions to the Land Use Element regarding the planned
development classification and the areas so designated; 4)
modifications that need to be made to the land use map reflecting
these items mentioned previously. He also requested an April 27,
1995 response deadline for the Planning Commission's
recommendations for the Council's consideration for the May 9, 1995
meeting.
APRIL 4, 1995 PAGE 10
Wilbur Smith, 21630 Fairwind Ln., asked that once these
recommendations come back from the Planning Commission for
Public Hearing, will the public get the opportunity to discuss.
M/Papen responded that after the Planning Commission reviews
Council's recommendations, their review and recommendations will
come back to the Council for final approval and public comment will
be provided for at the May 9 meeting.
Max Maxwell, 3211 Bent Twig Ln., asked about the timing of signing
the Ordinance to adopt the General Plan and if there would be a final
presentation to the public for review.
CDD/DeStefano advised that the purpose of the 30 -day review is to
allow the public an opportunity to review all of the changes that the
Council had made since beginning the process. He explained that it
is hard to tell what kind of time frame will be needed until the
recommendations come back from the Planning Commission. Once
the recommendations are accepted by Council, the approval of the
Ordinance will take place on May 9, 1995.
Max Maxwell asked when will the public get to review the final draft
before signing the Ordinance.
M/Papen advised that once the Ordinance is adopted, there will not
be another Ordinance printed.
MPT/Werner moved, C/Ansari seconded to direct staff to distribute
the revised draft General Plan, establish May 9, 1995 for a Public
Hearing, refer the draft General Plan to the Planning Commission for
recommendation on the four specific issues and instruct them to
return their recommendation to the Council by April 27, 1995.
C/Harmony asked if the EIR would need expansion to expand to
accommodate the additional number of building units that are being
proposed in this version of the General Plan and what is the ultimate
build out according to the Plan.
CDD/DeStefano advised that the 1995 General Plan outlines a base
of residential dwelling units and commercial square footage, plus
anticipated growth as a result of the Plan's policies. The cumulative
total of that growth had been accessed with respect to the previously
certified EIR. A determination had been made by staff and planning
consultants that an addendum to the EIR, the appropriate
environmental tool, based upon the cumulative total residential
dwelling units and commercial/industrial development is within the
APRIL 4, 1995 PAGE 11
scope and range of the environmental assessment done within that
final EIR.
C/Harmony reiterated that the old EIR provided a build -out of
approximately 6,000 homes and the new General Plan is suggesting
that the EIR provide up to that number.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
Associate Attorney Montgomery explained that the terms "Resolution"
and "Ordinance" have been used inter -changeably. If the Plan is
adopted by Resolution, it must be acted upon on May 9, 1995, if it's
done by Ordinance, it will only be a first reading on May 9, 1995.
M/Papen advised that the Council's intent is adoption by Resolution.
RECESS: M/Papen recessed the meeting at 8:58 p.m.
RECONVENED: M/Papen reconvened the meeting at 9:08 p.m.
9. NEW BUSINESS
9.1 ORDINANCE NO. 04(1995): AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE
TERM OF THE CABLE TELEVISION SYSTEM FRANCHISE,
GRANTED UNDER THE COUNTY OF LOS ANGELES -
CM/Belanger reported that the Ordinance would extend the term of
the cable television system franchise for a period not to exceed 18
months. The service was inherited from L.A. County upon
incorporation. The cable ad hoc committee and staff met with
principals from the cable company and, subject to a series of
conditions, it was recommended that the Council extend the cable
franchise in order to allow for certain activities to take place in
conjunction with the negotiation of a new cable franchise agreement
_— with Jones Intercable.
In response to M/Papen, CM/Belanger advised that an extensive
-public needs assessment will be undertaken where the public will be
able, through survey research, to feed back to the City what they
APRIL 4, 1995 PAGE 12
think of Jones Intercable. No date has yet been set for a Public
Hearing. He further stated that the proposal was worded for 18
months; however, it was indicated to the cable operator that it would
be the City's intent to complete the study process before the end of
1995 calendar year.
C/Harmony expressed concern as to why staff is now wanting to
discuss this matter when Jones Intercable asked for informal
discussions last year.
CM/Belanger advised that the legal environment in which this
negotiation would have taken place created reticence by city staff.
MPT/Werner suggested that a date for Public Hearing be set
regarding the likes and dislikes with Jones Intercable. He asked staff
if a shorter extension was requested and can that extension be
extended at a later date. ,
CM/Belanger advised that 18 -months is given for a cushion and that
the City can extend it as many times as they want.
Janet Spatz, General Manager of Jones Intercable, advised that her
company requested three years as a starting point, however 18 -
months is all right.
Max Maxwell, 3211 Bent Twig Ln., commented that a 30 -day notice
should be given to Jones Intercable because they have not serviced
the community as they should and indicated that he was against the
contract.
Dr. Lawrence Rhodes, Fiber Ct., supported the 18 -month contract
extension.
Steve Grimes commented that Jones Intercable does not give the
variety of channels as does other cable companies and
recommended a 30 -day notice, without extension, in order to make
them come up with a fair value service plan.
Frank Dursa opposed extension of the contract.
Don Schad, 1824 Shaded Wood Rd., opposed extension of the --
contract.
Mrs. Spatz explained that multiplexing cannot be done because there
are no more channels available to Jones.
APRIL 4, 1995 PAGE 13
MPT/Werner asked Mrs. Spatz that if there were additional channels
available, would that result in an increase of cable costs.
Mrs. Spatz advised that it would not increase the costs. She reported
that random surveys are completed to keep Jones Intercable advised
of the wants of the community.
In response to C/Harmony, Mrs. Spatz indicated that Future America
regularly displays their tapes on Channel 12 and that they must have
a film permit in order to air on Jones Intercable.
C/Harmony moved to give Jones Intercable a three-month extension
with a request for RFP's, bring them back to Council for selection and
hire special legal counsel knowledgeable in the laws in this regard.
For lack of a second, motion died.
C/Ansari asked for clarification on legal advice for this type of
frau shire.
explained that if special legal counsel is required for
re�,:•mrrkendations, it will be a long process due to various audits of
fhe-3g6hcy as well as completion of a needs assessment.
CM/Belanger advised that the City Attorney cannot give this type of
legal advice and special legal counsel would be necessary.
CA/Jehkins advised that he has personally been involved with cable
renewals and this service can be provided.
In response to MPT/Werner, CM/Belanger stated three RFP's were
received in the fall of 1994 and that staff and the cable ad hoc
committee agreed that staff and the Council could make the decisions
on their own.
MPT/Werner asked if our budget would allow the City to extend the
cable agreement, receive special legal assistance and receive RFP's
for cable service.
CM/Belanger advised that the Council would have to increase the
budget to allow for these services to be performed.
MPT/Werner moved, C/Miller seconded to approve a six month
extension; direct staff to survey other Southern California cable
companies; schedule a Public Hearing within six months for
community input, performance of audits by staff and in-house counsel
and a presentation by Jones Intercable.
APRIL 4, 1995 PAGE 14
MPT/Harmony asked if our City Attorney sat in the meeting with the
cable company.
CA/Jenkins advised that he did not sit in on this meeting.
With the Following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Miller, MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - Ansari, Harmony
ABSENT: COUNCIL MEMBERS - None
10. ANNOUNCEMENTS: None
11. ADJOURNMENT: There being no further business to
conduct, the meeting was adjourned at 10:14 p.m. in memory of John Joseph
Mahoney. ,
LYNDA BURGESi,..(;K;j Cer'.F
ATTEST:
Mayor