HomeMy WebLinkAbout09/07/1999 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 7, 1999
CLOSED SESSION: None
2. CALL TO ORDER: Mayor Chang called the City Council
meeting to order at 6:42 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL: Council Members Herrera, Huff, Mayor
ProTem O'Connor and Mayor Chang. Council Member Ansari was excused.
Also present were: Terrence L. Belanger, City Manager; Craig
Steele, Assistant City Attorney; James DeStefano, Deputy City Manager;
David Liu, Deputy Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Mike Nelson, Communications
& Marketing Director and Lynda Burgess, City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ed
Beiderman, former Executive Director of the Walnut Valley Water District.
INVOCATION: Ahmad H. Sakr, Ph.D, Director of the
Islamic Education Center gave The Invocation.
APPROVAL OF AGENDA: As presented.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presented Certificate of Recognition to Jason Craig, Participant in the
Presidential Classroom Scholars Program.
3.2 Presented Certificate of Recognition to Asian Liaison Deputy Thanh
Ly, L.A. County Sheriff.
3.3 Acting Captain Lt. Yim, L.A. County Sheriff, introduced Deputy John
Chun, the City's new Asian Liaison Officer.
3.4 Proclaimed September 1999 as "Food Safety Education Month."
4. PUBLIC COMMENTS: Ed Beiderman, 20259 Lake Canyon Dr.,
Walnut, former Executive Director of the Walnut Valley Water District and
elected Director of Three Valleys Municipal Water District, explained the
purpose and function of the organization.
Dave Reynolds reminded Council that the SCAQMD and Holiday Inn slopes
need attention and expressed concern about the beauty of the community
and asked for the Council's assistance in getting these areas improved. He
SEPTEMBER 7, 1999 PAGE 2 CITY COUNCIL
also indicated that the planter area in front of Jack-in-the-Box located near
the Hollywood Video/Starbucks store is an eyesore. The Peterson Park
grass needs attention as well.
Don Gravdahl reminded residents about the website put together by several
D.B. residents to notify concerned persons about all non-profit events in the
City - DBARNOW.COM. He asked that each Council Member submit weekly
articles on a rotational basis to inform the community about the City's
happenings.
Jeff Koontz, Chamber of Commerce Executive Director, announced the
following upcoming Chamber events: L.A. Fitness Grand Opening -
September 11; Mixer - September 14, Best Western; Network Breakfast -
September 16; Tax discussion with the IRS and Department of Labor -
September 28; Candidate's Forum - October 18; Walnut Unified School
District Mixer - October 21; D.B. Business Expo (Kmart Center) - October 23;
Budgeting Inventory and Loans - October 26. He gave residents the
address for Ralph's President Sam Duncan and asked them to write letters
encouraging the company to do something about filling the vacant store
located in the Country Hills Towne Centre.
Sue Sisk commended Dave Reynolds for his comments this evening. She
suggested staff contact Chino Hills regarding how to take care of the grass
in our parks. She gave an overview of the types of information available on
the DBARNOW website regarding the proposed Lanterman Forensic
Expansion Project. The committee feels that contact should now be made
with local and regional governmental agencies such as the League of Cities,
Southern Council of Governments, etc.
Martha Bruske asked how many people in D.B. have access to the Internet.
She expressed concern about Council submitting articles for this website.
Dr. Lawrence Rhodes spoke about the negative features of certain species
of trees including the Eucalyptus, Olive and several of the flowering oriental
trees and the lack of water. He said he was told by some Council Members
that items of concern expressed during Public Comments would be placed
on a future agenda for discussion. He said he is preparing a lawsuit against
the Pomona Humane Society which may involve the City of D.B.
Mary Wehmeier, 404 N. Rock River Dr., founder and CEO of a high tech
computer firm serving American On -Line and Compu-Serve spoke about her
concern regarding basic discrimination of equal access to service by GTE
in the area of the City in which she resides. She has been working with GTE
for the past nine months to get DSL into her neighborhood, which will allow
her to telecommute from her home with her provider employers. GTE
recently informed her that they are not now or ever planning to install DSL
SEPTEMBER 7, 1999
PAGE 3 CITY COUNCIL
in her area. Residents in other areas of D.B. are currently provided with this
service. She has filed a complaint with the PUC and asked for Council's
help with this matter.
MPT/O'Connor said she was previously contacted by another resident about
this problem and forwarded the matter on to the City Manager for handling.
5. SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC & TRANSPORTATION COMMISSION - September 9, 1999
- 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.2 PLANNING COMMISSION - September 14, 1999 - 7:00 p.m.,
SCAQMD Auditorium, 21865 E. Copley Dr.
5.3 FOUR CORNERS TRANSPORTATION POLICY GROUP ROUND
TABLE DISCUSSION OF REGIONAL TRANSPORTATION STUDY
- September 20, 1999, 9:30 - 11:30 a.m., SCAQMD Room CC -2.
5.4 CITY COUNCIL MEETING - September 21, 1999 - 6:30 p.m.,
SCAQMD Auditorium, 21865 E. Copley Dr.
5.5 SMALL BUSINESS SEMINAR - "TAXING ISSUES WITH THE IRS"
- September 28, 1999.
6. CONSENT CALENDAR: MPT/O'Connor moved, C/Huff seconded, to
approve the Consent Calendar as presented. Motion carried by the
following Roll vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS —
6.1 APPROVED MINUTES:
Herrera, Huff, MPT/O'Connor,
M/Chang
None
Ansari
6. 1.1 Study Session of August 17, 1999 - As submitted.
6.1.2 Regular Meeting of August 17, 1999 - As submitted.
6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular
Meeting of July 27, 1999.
6.3 RECEIVED & FILED PARKS & RECREATION COMMISSION
MINUTES - Regular Meeting of July 22, 1999.
6.4 APPROVED VOUCHER REGISTER - dated September 7, 1999 in the
SEPTEMBER 7, 1999 PAGE 4 CITY COUNCIL
amount of $954,557.71. Change Brahma Boosters warrant for $700.
to D.B.H.S. Band.
MPT/O'Connor recused herself from approval of P.O. 9005 - $220;
C8840 - $6,469.04; P.O. 7839 - $1,989; Invoice 102349 - $350.50;
C9085 - $11,450, and P.O. 9179 - $39,025.31 for a total of
$59,503.85 relating to the proposed Lanterman Forensic Expansion
Project.
6.5 REVIEWED & APPROVED TREASURER'S STATEMENT - for July
1999.
6.6 APPROVED NOTICE OF COMPLETION FOR THE MEADOWGLEN
ROAD PUBLIC STREET IMPROVEMENTS PROJECT - accepted the
work performed by Gentry Brothers Inc. and authorized the City Clerk
to file the Notice of Completion and release any retention amounts
thirty-five (35) days after the recordation date.
6.7 APPROVED NOTICE OF COMPLETION FOR THE 1998-1999 CDBG
HANDICAP ACCESS RAMPS - accepted the work performed by JDC,
Inc. and authorized the City Clerk to file the Notice of Completion and
release any retention amounts thirty-five (35) days after the
recordation date.
6.8 EXONERATED CASH DEPOSIT GRADING BOND (FAITHFUL
PERFORMANCE, LABOR & MATERIAL) FOR 2582 Steeplechase
Lane in the amount of $1,800 posted with the City on August 27, 1996
and directed the City Clerk to notify the Principal and Surety of this
action.
6.9 APPROVED FY 1998-99 PURCHASE ORDER CARRYOVER
BUDGET ADJUSTMENT - in the amount of $758,272.60, and
authorized the necessary adjustment to the FY 1999-2000 Municipal
Budget.
6.10 ADOPTED RESOLUTION NO. 99-70: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
INSTALLATION OF A RED CURB AT THE NORTHEASTERLY
CURB RETURN ON SUNSET CROSSING ROAD AT TELLGATE
DRIVE.
6.11 (a) ADOPTED RESOLUTION NO. 99-71: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
THE INSTALLATION OF "1 HOUR PARKING 7 A.M. TO 4 P.M.
SCHOOL DAYS" SIGNS ON LOS CERROS DRIVE.
SEPTEMBER 7, 1999 PAGE 5 CITY COUNCIL
(b) APPROVED FIRST READING OF ORDINANCE NO. 11(1999):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR AMENDING DIAMOND BAR PREFERENTIAL
PARKING DISTRICT NUMBER ONE TO INCLUDE LOS CERROS
DRIVE IN SAID DISTRICT AND AMENDING THE DIAMOND BAR
MUNICIPAL CODE ACCORDINGLY and waived full reading.
6.12 (a) AWARDED CONSTRUCTION CONTRACT FOR THE
TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE
INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET
DRIVE, LEMON AVENUE/LYCOMING STREET, GOLDEN SPRINGS
DRIVE/RAPIDVIEW DRIVE AND DIAMOND BAR BOULEVARD/SR
57 ON-RAMP - to Macadee Electrical Construction and authorized a
contingency amount of $30,000 for project change orders to be
approved by the City Manager, for a total authorization amount of
$329,969.
(b) AWARDED CONSTRUCTION ADMINISTRATION/
INSPECTION SERVICES FOR TRAFFIC SIGNAL IMPROVEMENT
PROJECT AT THE INTERSECTIONS OF BREA CANYON
-- ROAD/SILVER BULLET DRIVE, LEMON AVENUE/LYCOMING
STREET, GOLDEN SPRINGS DRIVE/ RAPIDVIEW DRIVE AND
DIAMOND BAR BOULEVARD/SR 57 ON-RAMP - to Warren Siecke
in an amount not to exceed $32,000 and authorized a contingency
amount of $12,000 for project change orders (additional inspection
time of design time for CalTrans resolution) to be approved by the
City Manager, for a total authorization of $44,000.
6.13 (a) AWARDED CONSTRUCTION CONTRACT FOR THE
GOLDEN SPRINGS DRIVE/LEMON AVENUE STREET
REHABILITATION AND MEDIAN IMPROVEMENTS PROJECT - to
Excel Paving in an amount not to exceed $2,054,921.20 and
authorized a contingency amount of $71,000 for project change
orders to be approved by the City Manager, for a total authorization
amount of $2,125,921.20.
(b) AWARDED CONTRACT FOR CONSTRUCTION
ADMINISTRATION/ INSPECTION SERVICES FOR THE GOLDEN
SPRINGS DRIVE/LEMON AVENUE STREET REHABILITATION AND
MEDIAN IMPROVEMENTS PROJECT - to Dewan, Lundin &
Associates in an amount not to exceed $32,520 and provided a
contingency amount of $3,000 for contract amendment(s) to be
approved by the City Manager, for a total authorization amount of
$35,520.
7. PUBLIC HEARINGS: None
SEPTEMBER 7, 1999 PAGE 6 CITY COUNCIL
8. OLD BUSINESS:
8.1 FIRST READING ORDINANCE NO. 12 (1999): AN ORDINANCE OF
THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.16 OF TITLE
8 OF THE DIAMOND BAR CITY CODE ADOPTING
REQUIREMENTS AND STANDARDS RELATING TO THE
COLLECTION, RECYCLING, TRANSPORTATION AND DISPOSAL
OF SOLID WASTE, RECYCLABLE, AND COMPOSTABLE
MATERIALS - The proposed ordinance will affect waste hauler
permitting, and waste prevention and recycling programming in the
City: Several provisions are proposed addressing yard waste
collection, rate restructuring for all residential and commercial
accounts, refuse containers and an automated collection system,
public education, and recycling services provisions for all generating
sectors. The proposed ordinance addresses the principal concerns
of the City with regard to maintaining the competitive nature of the
existing waste management system while creating significant
incentives and requirements designed to allow the City to meet the
AB 939 diversion mandate of 50% by year 2000. Ordinance changes
are necessary because there is less than one-year left to demonstrate
compliance with that mandate. Based on recent unofficial data, the
City needs at least 9% diversion to reach 50%, and if the City were
not to comply with the mandate, there is the risk of fine in the amount
of $10, 000 per day.
J. Michael Huls, Waste Management Consultant, presented staffs
report and answered Council questions.
Dean Ruffridge, Waste Management Co. and member of the Solid
Waste Task Force, spoke about the community and hauler
participation in the program. He believed the spirit of the Task Force
revolved around limiting what is thrown away and getting away from
unlimited set outs at curbside. He did not feel that Item 6 in Section
6 is in keeping with that spirit. He pointed out areas of concern within
the proposed document. He stated reasons why he disagreed with
the large percentages in Items 16, 17 and 18 on Page 3.
Martha Bruske said there is nothing contained within the resolution
that indicates the Council is interested in improving the appearance
of the City. There is no reference to a Property Maintenance
Ordinance. She asked Council to state in writing that container lids
must be closed in order to keep debris from blowing out of the
container and contaminating the City. She expressed opposition to
a three 90 -Ib. can system. She would like Council to take a more
active role in involving the residents.
SEPTEMBER 7, 1999 PAGE 7 CITY COUNCIL
Paul Pistono, Athens Disposal Services, expressed concern that the
proposed Ordinance does not state that MRFing is allowed. Policing
would not be necessary with a two -barrel system because recyclables
go in the same barrel as the trash.
CM/Belanger stated that the City is looking for a green waste disposal
program and a way to recycle. MRFing provides for recycling. The
Ordinance was changed from its original draft form to accommodate
both two -barrel and three -barrel systems.
Dave Reynolds disagreed with Mrs. Bruske and believed the Council
had been very proactive in this matter; that the Ordinance prepared
by Mr. Huls accurately states what was stated by the Solid Waste
Task Force members and the input from the public forum outside of
bulky items and hazardous waste material pickup. He appreciated
MPT/O'Connor's comments regarding the fact that this Ordinance is
getting away from the spirit of "pay as you throw' if bulky item pickups
are included. The reason that a three- barrel system is included in
the Ordinance is because that was the overwhelming response
received from the Task Force. He believed a two- barrel system
destroys incentives and decreases the value of the recyclables.
Further, he did not believe the City would achieve the type of
diversion rates through a two -barrel system versus a three -barrel
system. He pointed out that cities with three -barrel systems look a lot
nicer than D.B.'s with the system that is currently in place. Details of
how a system will be operated is through the haulers outreach and
education efforts and not through an ordinance.
Dr. Lawrence Rhodes asked how to dispose of certain types of items.
Don Gravdahl said that the proposed increase in pickup prices does
not provide an incentive for residents. He believed the program
should include participation by commercial and multi -family
residential to help defer costs and reach compliance.
Mr. Huls stated that there are a variety of provisions in the existing
Code which address aspects such as closed/open lids, where things
are stored, when they are put out and when they are taken in. The
existing ordinance does not specifically state that the lids are to be
closed because the City has a semi -automated system which
provides for both open and closed containers. This can be
considered an operational matter and made a requirement of the
permit issued to the hauler or it can be added in as a specific
provision. Pet droppings, chicken parts containing fresh blood and
bandages that contain blood droppings as well as other food wastes
go into the trash as exempted by state law. Regarding disabled
SEPTEMBER 7, 1999 PAGE 8 CITY COUNCIL
persons, the matter can be handled in the ordinance or as an
operational item requiring that, as a part of the permit, such systems
be in place and continued in their current form.
ACA/Steele indicated that the matter can be handled either way.
However, the preferred method is to leave it as a contractual matter
between the hauler and the customer so that the City is not in an
overly burdensome enforcement situation.
MPT/O'Connor reiterated her concern about determining a program
prior to having pricing available.
Responding to C/Herrera, J. Michael Huls stated that the language
regarding hazardous waste was inserted into the Ordinance to
address an area of concern. The household hazardous waste is a
function that residents currently pay for in disposal costs at the rate
of $0.56 per ton. Because the roundup occurs only one time
annually, concerns have been expressed that this program should be
offered on a more frequent basis. The cost of this program is
approximately $75 to $125 per household per pickup and is limited to
15 gallons/125 pounds. The bulky item program is a very expensive
component and it may be best to offer it on the basis of need and not
on a regular fixed basis.
C/Herrera expressed concern about adding items that will result in
additional costs to the residents.
CM/Belanger asked for a definition of "permittee" and clarification of
"at the permittee's sole expense" in both Sections 4 and 6 of the
proposed ordinance. In Section 4, the ordinance refers to "a
permittee" while Section 6 refers to "the permittee."
Mr. Huls read the definition of "permittee" from Health & Safety
Chapter 8.16 of the D.B. Code. With regard to "at the permittee's
expense", this phrase exists within the current ordinance and does
not represent a change. He felt that the author refers to the cost
borne solely by the permittee and not as a part of the rate. He
believed "at the permittee's sole expense" should be deleted from
Section I, Page 2. In addition, "the permittee" should be changed to
"a permittee" in accordance with CM/Belanger's suggestion.
C/Huff said he would like to include at least six bulky item pickups on --
a call- up basis. He asked what other communities do with respect to
bulky item pickup. He asked staff to outline the concerns expressed
tonight for discussion at the Council's September 21 meeting.
SEPTEMBER 7, 1999 PAGE 9 CITY COUNCIL
Following discussion, the Council concurred to continue the matter to
the meeting of September 21, 1999.
MPT/O'Connor requested that the next staff report contain the entire
ordinance with proposed changes highlighted.
8.2 CITY COUNCIL SUB -COMMITTEE REPORTS:
(a) STATUS OF LANTERMAN - MPT/O'Connor recused herself
and left the dais.
CM/Belanger announced that the League of California Cities
Environmental Resources Committee had approved consideration of
the Council's proposed Resolution requiring more comprehensive
public notice at the League Conference in October.
C/Herrera reported on the committee's ongoing efforts to oppose the
Lanterman Expansion Project.
Dr. Lawrence Rhodes asked the Council to consider terminology in
lieu of "expansion" that appropriately explains the proposed changes
to Lanterman.
Sue Sisk thanked Council Members for their actions in this matter.
She spoke about other approaches being taken by the State to house
persons in facilities other than Lanterman and voiced her concern
about the lack of information between cities.
MPT/O'Connor returned to the dais.
(b) PROPOSED FORMATION OF WATER POLICY SUB-
COMMITTEE - Continued to September 21, 1999.
(c) OTHER SUB -COMMITTEE REPORTS - C/Herrera
suggested that sub -committee reports be moved back to their
proper place at the end of the agenda. Council concurred, with the
exception of MPT/O'Connor who requested that all sub -committee
reports be moved back to the end of the agenda, not just certain
items.
C/Huff stated that Foothill Transit continues to move forward. They
are much more cost-effective than MTA and are attempting to take
over some of the MTA lines. He filled in for MPT/O'Connor at last
week's WCCA meeting. The organization is posed to take a position
against any roadway segment in the 4 -Comers area. He persuaded
the group to consider study information prior to taking a position. He
SEPTEMBER 7, 1999 PAGE 10 CITY COUNCIL
stated that the meeting minutes have improved since MPT/O'Connor
assumed responsibility for taking notes. He encouraged her to work
on the advisory committee minutes as well. He recommended that
Council take a position on the 4 -Corners study and that the matter be
considered at the September 21 meeting. WCCA has taken action to
bring L.A. County on as an ex -officio member. The Alameda Corridor
East Construction Authority took a field trip at the invitation of the City
of Industry to view the Redevelopment Agency grade separation
construction project of 7th Avenue. The intent was to learn from their
mistakes and make informed decisions about how to proceed with the
proposed construction at 25 Grade Crossings.
C/Herrera reported that the Economic Development Subcommittee is
interviewing consultants regarding the City's Economic Development
Strategic Plan. Five consultants have submitted proposals. The plan
looks toward consideration of what types of new businesses can be
brought to D.B. and providing retention of the community's current
business base, business expansion and rehabilitation of current
shopping centers.
MPT/O'Connor said that the City Attorney is researching whether she
has a conflict of interest with representing the City on the Minnequa
Landslide Committee. Bids have been presented to the five
homeowners and it is now up to the homeowners to decide how they
will proceed and how they distribute the cost. She stated that the
Skateboard Park Committee will meet on Wednesday, September 15
at 7:00 p.m. in the SCAQMD building. She encouraged concerned
residents to participate.
M/Chang spoke about participating on the Economic Development
Committee. He serves on the Cable Television Subcommittee.
Adelphia has acquired Century Communications and the transaction
is to be completed on October 1, 1999. Adelphia has agreed to
upgrade the City's service within the next two years.
9. NEW BUSINESS:
9.1 RESOLUTION NO. 99-72: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND
REIMBURSEMENT AGREEMENT NUMBER 15 WITH THE
DIAMOND BAR REDEVELOPMENT AGENCY - The Redevelopment —
Agency was formed in April, 1996. Since its inception, the City has
advanced funds to the DBRDA through several Advance and
Reimbursement Agreements. These agreements have been used to
fund DBRDA related administrative activities, including operating
expenditures, staffing, overhead charges, and legal/professional
SEPTEMBER 7, 1999
PAGE 11 CITY COUNCIL
services. Each fiscal year, the DBRDA adopts an operating budget
making a requisite advance and reimbursement agreement
necessary. The adopted operating budget for FY 1999-2000 is
$182,000 and the amount necessary to cover FY 1.998-1999
expenditures is $225,000, for a total of $407,000.
C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-72
approving Advance and Reimbursement Agreement No. 15 with the
D.B. Redevelopment Agency in the amount of $407,000. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
9.2 RESOLUTION NO. 99-73: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING PAYMENT BY
THE AGENCY FOR PART OF THE COST OF THE INSTALLATION
AND CONSTRUCTION OF STREET IMPROVEMENTS - On June 15,
1999, Council and the Redevelopment Agency approved their
respective Fiscal Year 1999-2000 Municipal Budgets. Included within
these budgets is the Capital Improvement Plan for the fiscal year.
This plan included road improvement projects located within the
Economic Revitalization Area, which would be partially funded with
Redevelopment Agency funds. These improvements are to Brea
Canyon Rd. between Pathfinder and the southerly City Limits
($500,000) and to Golden Springs Dr. between Brea Canyon Rd. and
the westerly City Limits ($429,000), for a total of $929,000.
C/Herrera moved, C/Huff seconded, to adopt Resolution No. 99-73
approving Advance and Reimbursement Agreement No. P3 with the
D.B. Redevelopment Agency in the amount of $929,000. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
9.3 RESOLUTION NO. 99-74: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR AUTHORIZING AND
CONSENTING TO THE TRANSFER OF CONTROL OF CABLE
TELEVISION FRANCHISE BY CENTURY COMMUNICATIONS
CORPORATION TO ADELPHIA COMMUNICATIONS
CORPORATION - On March 5, 1999, Century Communications Corp.
entered into a merger agreement with Adelphia Communications
SEPTEMBER 7, 1999 PAGE 12 CITY COUNCIL
Corp. On April 26, 1999 the City received FCC Form 394 "An
application for Franchise Authority Consent to Assignment or Transfer
of Control of Cable Television Franchise." A cable transfer request
must be acted upon, either approved or denied by the Franchise
authority (City) within 120 days of receipt of the Application (August
23, 1999). Within the time frame, the City reviews the financial, legal
and technical qualifications of the new controlling entity. Due to
Adelphia's and Century Communications delay in responding to
additional information requested, the companies requested an
additional two-week period for the City's review (September 8). The
Council Cable Sub -Committee met twice with the Adelphia/Century
Communications staff to discuss the transfer. Adelphia
Communications will provide a letter guaranteeing the acceleration of
the cable franchise upgrade and relocation of the customer services
call center to California.
C/Herrera expressed concern regarding the lack of commitment by
Adelphia to place a customer service call center in Southern
California.
Nancy Stinson, General Manager, Century Communications, said she
will be an employee of Adelphia Communications. The commitment
she has heard at every level is that the call center will return to
Southern California. She did not know the timeframe in which this will
happen because it is a huge undertaking. Adelphia will have a million
plus subscribers in Southern California by the middle of 2000.
In response to ACA Steele, Mrs. Stinson stated that, in the event
Council wishes to continue this matter for two weeks, she would
agree to a two-week extension, to September 22, 1999, of the 120
day period and that Century Cable and Adelphia Communications will
not exercise any of their rights prior to the Council meeting of
September 21, 1999.
Brenda McPheeters, External Affairs Director, Pacific Bell, stated her
company's view on the agreement between Adelphia Communications
and Century Cable and stressed the importance of open access to
Internet facilities. She asked that the cable companies follow the
same open -access policy as the telephone companies are required
to follow rather than a closed system, which is currently in effect.
Following discussion, C/Herrera moved, C/Huff seconded, to continue
the matter to September 21, 1999. Motion carried by the following
Roll Call vote:
SEPTEMBER 7, 1999
PAGE 13 CITY COUNCIL
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Ansari
RECESS TO REDEVELOPMENT AGENCY MEETING: M/Chang recessed the
City Council Meeting to the Redevelopment Agency at 11:20 p.m.
RECONVENE CITY COUNCIL MEETING:
the City Council meeting at 11:30 p.m.
M/Changreconvened
10. COUNCIL MEMBER COMMENTS: C/Herrera stated that the D.B.
Senior Club mailed 100 letters to Ralph's Market management regarding
the campaign to urge the market to allow another business to fill the
vacant store front in the Country Hills Towne Centre. Any interested
persons may call her at home at 861-7651 to participate. Form letters will
be provided for signatures.
C/Huff said that a resident's concerns regarding the City's slopes brings to
mind the Council's goal to beautify the City. He asked staff what progress
had been made toward this goal. Both Walnut and Chino Hills have
extensive landscape and lighting districts, which provide the funding
mechanism to take care of their city's amenities. D.B. has a landscape and
lighting district Citywide of $15 per parcel, which is minimal and does not
allow the City to do the types of things that neighboring cities can do.
Additionally, the City of Walnut set up their redevelopment agency prior to
many of the restrictions that were placed on redevelopment prior to 1994.
Virtually all of their capital improvement projects are done through the
redevelopment agency even though the city has parcels that contribute over
$1,000 a year to the landscape and lighting district funds. He asked for a
Town Hall Meeting to discuss this matter. He refuted the notion that Council
has not been forthcoming with respect to the Lanterman Expansion Project.
The Mayor requested that the City look into annexing some portions of the
unincorporated area outside of D.B. and he supported the proposal and
would like to see it expanded to the sphere of influence south of Brea
Canyon to see what kind of economic benefit there may be to the City.
MPT/O'Connor said that on August 18 Contract Cities met with the
Sheriffs Department in Whittier and toured their museum. On August 19,
the Weekly News celebrated its first anniversary, which was well attended
by Council Members. On August 25, she participated in jury duty
selection. On August 26, she attended the ribbon cutting ceremonies for
California Hair and Skin Care Salon, which has expanded. On August 28,
she participated in the Sanitation District's tour of San Pedro Bay. On
September 1, she attended the Water Leadership luncheon. On
September 1, she attended the AYSO Soccer referee clinic. On
SEPTEMBER 7, 1999 PAGE 14 CITY COUNCIL
September 2, the Finance Committee met. She spoke about the ongoing
problem of maintenance of the grass at Petersen Park. The facility is
scheduled to have its drainage problem fixed in the near future. She
commended staff and the City's contractor for their excellent work on
Meadowglen Rd. and for the quick installation of the traffic signal at
Diamond Crest and Brea Canyon Rd. prior to the fall school session. She
responded to a citizen's comment that Council does not observe what is
happening in the City. She believed that Council Members are very
observant of their surroundings; however, if residents witness something
that needs attention, please bring it to the attention of Council Members.
M/Chang stated that on August 18, he attended the L.A. County Sheriffs
barbecue at the Star Center in Whittier. On August 19, he represented
the City at a CalPoly meeting held by California Trade and Commerce
Agency, which is planning to have development training for elected
officials. Five regional mayors were invited to give their input for the
proposed agenda. He acknowledged the expansion of St. Jude's
Heritage Hospital and suggested that D.B. residents visit the facility. He
met with the Seniors group on August 24 and listened to their concerns.
He asked the Traffic & Transportation Commission to reconsider diagonal
parking in front of Heritage Park Community Center. Council Members
and residents attended the Night at the Quakes event. He congratulated
the California Hair and Skin Care Salon on their expansion. He attended
the Three Valley Water District Meeting. Members of the La Petite
Academy visited City Hall and met with Council Members and the City
Manager to learn about City business administration. He was interviewed
by political science students from CalPoly.
11. ADJOURNMENT: There being no further business to conduct, M/Chang
adjourned the meeting at 11:45 p.m.
ATTEST:
Mayor
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