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Home My WebLink About03/18/1997 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 18, '1997 CITY COUNCIL WORK SESSION: 5:15 P.M. SUBJECT: Council Goals and Objectives Present: Council Members Ansari, Harmony, Mayor Pro Tem Herrera, Mayor Huff. Council Member Werner was absent. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager, Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director; Lynda Burgess, City Clerk and Kellee Fritzal, Assistant to the City Manager. ACTION: ADJOURNMENT: Staff to provide Council with a list of 1996-1997 Goals and their current status within the next two weeks. Work Session adjourned at 5:40 p.m. 1. CLOSED SESSION: 5:40 p.m. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (G.C. Section 54956.8): Property: 1370 Valley Vista, Suite 100, D. B, Negotiating Parties: Ahmanson Development/Home Savings of America Under Negotiation: Terms of lease agreement for office space No reportable action taken. ADJOURNMENT: 6:03 p.m. 2. CALL TO ORDER: Mayor Huff called the meeting to order at 6:30 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led Mayor Pro Tem Herrera. INVOCATION: Reverend Pac Chan, Chinese Evangelical Free Church ROLL CALL: Council Members Ansari, Harmony, Mayor Pro MARCH 18, 1997 PAGE 2 CITY COUNCIL Tem Herrera and Mayor Huff. Council Member Werner was absent. Also present were: Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Community Development Director; George Wentz, Public Works Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Proclaimed April, 1997 as Home Composting Month and recognized Earth Day Celebration Events. 3.2 Presented City Tile to Lt. Dennis Curran in appreciation for his services to the City of Diamond Bar. 3.3 Presented City Tile to Lt. Wendell Henson on his retirement from the L.A. County Sheriffs Department, Walnut Station. 3.4 Presented City Tile to Deputy Larry Luter in appreciation for his services to the City of Diamond Bar. 4. PUBLIC COMMENTS: Martha Bruske stated that she didn't understand why the City makes so many presentations and proclamations. She cautioned the City that since it does not have applicable regulations, it should not encourage home composting. Don Schad stated that on March 9, 1997, members of the YMCA's Indian Princesses planted 130 trees at Peterson Park. He thanked CSD/Rose and staff for repairing the sprinkler system at the park. He indicated he was disappointed that no handout material regarding cellular sites were given out at the recent Monterey Planner's Institute. Clyde Hennessee did not feel that Jones Intercable has utilized its increased cable fees to improve the system. He believed there should be more than one cable system offered in D.B. to insure price competition and better service. Dr. Lawrence Rhodes suggested the City research the local waste hauler's green waste recycling system. He said that although Jones Intercable did not have the programming he desired, they had provided him with good service. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING - March 22, 1997 - 9:00 a.m. to Noon, AQMD Auditorium, 21865 E. Copley Dr. - Discussion of Development Code. MARCH 18, 1997 PAGE 3 CITY COUNCIL 5.2 PARKS MASTER PLAN WORKSHOP - March 24, 1997 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.3 PLANNING COMMISSION MEETING - March 25, 1997 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 PARKS & RECREATION COMMISSION - March 27, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - April 1, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY ANNIVERSARY CELEBRATION -April 20, 1997 - 12:00 noon to 5:00 p.m. - Peterson Park. 6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded to approve Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS -Ansari, Harmony, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS -None ABSENT: COUNCIL MEMBERS -Werner 6.1 APPROVED MINUTES - 6.1.1 City Council Work Session of March 4, 1997 - as submitted. 6.1.2 Regular Meeting of March 4, 1997 - as submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of December 19, 1996. 6.2.2 Regular Meeting of January 23, 1997. 6.3 APPROVED VOUCHER REGISTER - dated March 18, 1997 in the amount of $237,652.83. 6.4 RESERVED TDA ARTICLE 3 (SB821) ALLOCATION FOR FISCAL YEAR 1996-1997 in the amount of $22,945. 6.5 APPROVED INCREASE IN CONTRACT AMOUNT FOR LEGAL SERVICES - by Michael B. Montgomery related to the Days Hotel Transient Occupancy Tax (TOT) lawsuit in the amount of $5,000 for a total contract amount of $35,000. 6.6 AWARDED ENGINEERING DESIGN SERVICES FOR AMBUSHERS STREET AND MEADOWGLEN ROAD PUBLIC STREET IMPROVEMENTS - to Dewan Lundin & Assoc. for Ambushers St: and Meadowglen Rd. public street improvements in an amount not -to - exceed $16,535, along with a contingency amount of $2,000 for contract amendment(s), to be approved by the City Manager, for a total authorization of $18,535. MARCH 18, 1997 PAGE 4 CITY COUNCIL 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 AN ORDINANCE OF THE CITY OF DIAMOND BAR AUTHORIZING THE RENEWAL OF A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND JONES INTERCABLE, INC. AND CONCURRENTLY AUTHORIZING THE ASSIGNMENT OR TRANSFER OF THAT FRANCHISE AGREEMENT BY JONES INTERCABLE, INC. TO CITIZENS CENTURY CABLE TELEVISION VENTURE - In response to C/Harmony, CM/Belanger stated that, in general, if a contractor agrees as a condition of the contract renewal, to improve the system within two years and fails to do so, unless the City acquiesces, the agreement would be breached. ACA/Susskind stated that the scheduled upgrade is an exhibit to the contract. Any breach of the schedule would be a breach of the contract and subject to enforcement as outlined in Section 11 of the agreement. C/Ansari asked for clarification of local origination programs and what _. it would cost for the City to have its own origination studio. She thanked Jones Intercable for their good customer service. Janet Spatz, Manager, Jones Intercable, explained that if Jones Intercable fails to meet its contract obligations, the City is entitled to liquidated damages of up to $1,000 per day. In addition, Jones Intercable posts a $500,000 bond in favor of the City. Don Schad complained about the City Council meeting's audio provided by Jones Intercable. He did not feel the City should award a 10 -year franchise. and that the contract should include a clause to terminate if the relationship is unsatisfactory. Jack Gutowski, Kiowa Crest, asked if there are other systems interested in serving the community, if the City has asked for bids and if a 15 -year contract would lock the City into an obsolete system. Following discussion, MPT/Herrera moved, C/Ansari seconded to approve for first reading by title only and waive full reading of Ordinance No. 97 -XX. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - MPT/Herrera, MIHuff NOES: COUNCIL MEMBERS - Ansari, Harmony ABSENT: COUNCIL MEMBERS - Werner ACA/Susskind explained that due to lack of rate regulation power, MARCH 18, 1997 PAGE 5 CITY COUNCIL new cable features cost the subscriber extra dollars. Therefore, the City considers Council requests, staffs input and the community's wish list to determine what items will be included within the contract. Additional features are available at a cost to the subscriber. C/Harmony stated he wants the full range of options available to subscribers. C/Ansari reiterated her desire to know the cost for a City owned origination studio. Council concurred to continue the matter to April 1, 1997. 9. R] W BUSINESS: 9.1 PARKS & RECREATION COMMISSION VACANCY APPOINTMENT - Due to the passing of Oscar Law, a new Commissioner must be appointed. Continued to April 1, 1997. RECSS21ED TO DIA."IIOND BAR REDEVELOPMENT AGENCY MEETING: 8:15 P.M. RECOMENE: M/Huff reconvened the City Council Meeting at 9:55 p.m. 10. VOUNCIL SUB -COMMITTEE REPORTS: C/Ansari stated that she met with the S-withern California Association of Governments last week concerning the unapproved proposed 2 cents per gallon Federal tax for Californians. A Legislative Committee meeting is proposed for April 11, 1997 at Davidson Center. She also atteneb the Four Corners meeting last week and participated in a corridor transportation discussion. M/Huff announced that the upgraded version of City -On -Line is being tested prior to public release. The City hosted a successful Chamber of Commerce mixer last week. He encouraged local businesses to support the Chamber. He reported on the Four Corners endorsement of the Council of Governments' proposed 71191 freeway connection. 11. COUNCIL COMMENTS: C/Harmony asked to have the redeve#gpment issue be placed on the ballot for public vote. He said he attended Philip Kuida's funeral earlier in the day. ClAnsah reported on her attendance at the Walnut Sheriffs Booster Club Committee meeting recently. She congratulated Kalil and Song Bendib on their recent wedding and asked that the death of local business owner David Jewell be acknowledged. MPT/Herrera reported that she, MlHuff and CM/Belanger attended the Washington, MARCH 18, 1997 PAGE 6 CITY COUNCIL D.C. National League of Cities Conference last week. Discussion topics included "Electrifying Opportunities for Cities" and "The New World of Utility Deregulation." ,%VHuff reiterated that the purpose for attending the League of Cities Conference in Washington, D.C. was to link up with San Gabriel Valley officials to lobby for funds for improving the valley's grade crossings and to accelerate plans for improvement to the 57160 interchange. 12. ANNOUNCEMENTS: None 13, ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 10:15 p.m. in memory of Philip Kuida and David Jewell ATTEST: Mayor LYNDA BURGESS, Ci:y Clerk