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HomeMy WebLinkAbout12/19/95 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 19, 1995 1. CLOSED SESSION: Mayor Ansari called the meeting to order at 5:30 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION: (Subdivision (a) of Section 54956.9) Name of Case: Diaz, Ramos, Martinez, Wills v. City of Diamond Bar Case Status: Approved for Settlement Name of Case: Oak Tree Lanes v. City of Diamond Bar Name of Case: Schad v. City of Diamond Bar Case Status: Directed City Attorney to represent the City in this case. ADJOURNMENT: Mayor Ansari adjourned Closed Session at 6:40 p.m. 2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:48 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 Council Member Werner. ROLL CALL: Council Members Harmony, Papen, Werner, Mayor Pro Tem Huff and Mayor Ansari. 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. Regarding Closed Session, CA/Jenkins reported that Council approved a settlement agreement in the case of Diaz, Ramos, Martinez, Wills v. City and directed the City Attorney to represent the City's interest in defense of the lawsuit entitled Schad v. City. 3. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS, ETC.: 3.1 A City Tile was presented to Tom Sykes in appreciation of his service to the Southern California Association of Governments. 3.2 Certificates of Appreciation were presented to James Paul Akin, DECEMBER 19, 1995 PAGE 2 Rocky Vemel, Shirley Leone, Robert Allen, Gerald Arnet and Michael Goldenberg, members of the Community Advisory Committee. 9. OLD BUSINESS: 9.1 TIE VOTE BETWEEN CANDIDATES HERRERA AND SCHAD - CM/Belanger reported that at the December 5, 1995 Meeting, both Carol Herrera and Don Schad expressed a desire to have an election to break the tie. Mr. Schad also indicated that he would like to be free to pursue his legal options. Mr. Schad then filed a lawsuit and that a hearing had been set to consider Mr. Schad's request that two ballots should have counted. CA/Jenkins indicated that the Elections Code requires that a tie vote be decided by lot. In reviewing the "lot" or "run-off election" options, he reported that the risks associated with pursuing a special run-off election were the possibility of 1) civil action being brought against the City either pre-election to restrain the election from going forward or post-election to invalidate the results of that election; 2) criminal remedies contained within the Elections Code for non-compliance. Risks could be minimized by the candidates by agreeing to conduct a special run-off election and 9 ny rights nd the they outcommight e of the contest or challenge the procedure procedure. C/Ansari asked if the Council decided to determine the tie by lot, would the January 18, 1996 hearing change the Council's decision. CA/Jenkins advised that the Elections Code specifically provides that if an election contest is properly conducted, a Judge may in fact set aside Council's decision if the Council were to decide the matter by lot. C/Werner asked if the Council decided on a run-off election, what would the possibility be of another tie and how would that be resolved. CA/Jenkins stated that he has no idea if the run-off election would result in a tie and if a tie happened during the run-off election, it would be resolved in the same by lot. Ron Everett stated that he favored a run-off election but because of possible legal problems, the City may wish to utilize the services of the Dispute Resolution Center in Claremont to settle the matter. Wilbur Smith, 21630 Fairwind Ln., asked who would conduct the process of determining by lot. DECEMBER 19, 1995 PAGE 3 Don Schad, 1824 Shaded Wood Rd., explained that he requested a court ruling on the matter because of the unusual circumstances relating to breaking the tie. He further stated that he was not suing the City, any candidate or the City Clerk. Bill Key suggested that the City end the gridlock and decide by lot and get back to work. Carol Herrera stated that she was in favor of a run-off election and would sign a legal agreement to abide by the results of that election. If the City cannot conduct a run-off, she requested that the lot be conducted immediately. Max Maxwell, 3211 Bent Twig Ln., suggested waiting for the judge's decision in January before the Council take action. Steve Nice, Rising Star Dr., asked whether or not the City can require a nun -off election and if the City still withdraw from the election if there is a Court decision that would pull one candidate ahead of another in the November 7, 1995 election. In regard to the Dispute Resolution Center suggestion, CA/Jenkins explained that a dispute resolution center would not have the authority to count and/or discount ballots voted in an election. With respect to conduct of the lot, the Elections Code states that the lot is drawn or conducted by the Elections Board (the City Council) but does not prescribe the method by which it is accomplished which would then be at the discretion of Council. C/Werner moved, seconded by MPT/Huff to break the tie by way of lottery immediately. M/Ansari asked Mr. Schad if he would be willing to sign a waiver. Mr. Schad indicated "no." C/Harmony moved to amend C/Wemer's motion to delay the drawing of lots until after the court's consideration of the matter on January 18, 1996. He further moved to direct that the City not take any actions to delay the hearing. Motion died for lack of a second. With the following Roll Call vote, motion by C/Wemer carried: AYES: COUNCIL MEMBERS - Harmony, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen DECEMBER 19, 1995 PAGE 4 CM/Belanger recommended resolving the tie by having the candidates place their names in an envelope and seal it themselves, then place the envelope themselves in a bag or some other opaque receptacle. A designated person would then reach into the bag without looking and withdraw an envelope. MPT/Huff moved, seconded by M/Ansari to use the recommended envelope method and to have Mr. Maxwell and Mr. Neely inspect the envelopes to make sure that there are no visible signs of alterations to the envelopes; place them into a bag and shaken, and then have someone pick one. M/Ansari amended the motion to include that a member of the Sheriffs Dept. hold the bag and do the shaking. MPT/Huff further amended the motion to include that the Mayor be the person designated to withdraw the envelope from the bag and concurred with M/Ansari's amendment. C/Harmony suggested that both candidates meet and work out a -- formal process with which they feel comfortable. Motion by C/Werner, seconded by MPT/Huff to direct that M/Ansari withdraw the envelope from the bag. Carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Papen Motion made by MPT/Huff, as amended, carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Papen C/Papen asked for the floor to make an outgoing speech and stated that she is very proud of the City's accomplishments. She advised that she leaves the Council with a sense of pride and joy and wished the new City Council good luck. CC/Burgess distributed paper, pens and envelopes to both Mr. Schad and Mrs. Herrera. Both were instructed to write their names on the paper and hand the paper and envelope to their witness for sealing DECEMBER 19, 1995 PAGE 5 and placement in an empty waste receptacle. Mr. Schad chose not to participate in the lot and CA/Jenkins was requested to write Mr. Schad's name on Mr. Schad's paper. Mr. Maxwell, acting as Mr. Schad's witness, announced that the envelope given to him was empty. He then placed Mr. Schad's name in the envelope, sealed the envelope and confirmed that there were no markings on the envelope. Mr. Neely, acting as Mrs. Herrera's witness, announced that the envelope given to him was also empty. He placed Mrs. Herrera's name in the envelope, sealed the envelope and confirmed that there were no markings on the envelope. M/Ansari asked Sergeant Landruff to shake the waste receptacle. C/Werner asked that the contents of the waste receptacle not be displayed on the television monitors due to the possibility of M/Ansari being able to determine where the envelopes were. M/Ansari removed herself from the room until the waste receptacle was shaken. M/Ansari then reached into the waste receptacle, which was held above her head, opened an envelope and announced the new Council Member as Carol Herrera. She asked Mr. Maxwell to open the other envelope and read the name. She also asked the City Clerk to read the chosen name. At the request of C/Harmony, Mr. Maxwell opened the remaining envelope and read the name "Schad." For the record, Mr. Maxwell and Mr. Neely agreed that the procedure was done accurately and correctly. The Oath of Office was administered to Mrs. Herrera by Assemblyman Gary Miller. RECESS: M/Ansari recessed the meeting at 8:05 p.m. -- RECONVENE: M/Ansari reconvened the meeting at 8:30 p.m. With consensus of Council, Oscar Law was allowed to speak prior to the Public Comment period. DECEMBER 19, 1995 PAGE 6 Oscar Law, 21511 Pathfinder, stated that he has no objections to a city funded Christmas party for the employees; however, he objected to the City paying for employees' family members to participate in the party. 9.2 ADOPTION OF RESOLUTIONS CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 26, 1996 FOR THE SUBMISSION OF AN INITIATIVE MEASURE PROPOSED TO ADOPT A GENERAL PLAN DOCUMENT: a) RESOLUTION 95-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE - C/Werner offered alternative wording for Resolution No. 95 -XX, page four as follows: "...along with certain specified changes, repealing and replacing, the City's current plan." CA/Jenkins advised that the current wording does not have a -- specific clause repealing the General Plan. He expressed concern with using the word "repealing" because it does not expressly do that; however, in effect, it would be a repealer and replacement. C/Werner requested that "as modified" be added to the portion ending General Plan Advisory Committee. Wilbur Smith asked the Council to pass the Resolutions and allow the citizens to vote on the General Plan. Dr. Lawrence Rhodes, Fiber Court, asked if the GPAC's final version is a legal planning document. Max Maxwell asked the Council to approve the Resolutions in order for the people to vote on the matter. He suggested some wording changes needed in the Resolutions. Jack Gutowski, Kowa Crest Dr., asked staff to stay out of the election and to clearly write the initiative for the public to understand. T In regard to Mr. Maxwell's concerns, CA/Jenkins advised that the Resolution before the Council merely accomplishes the goal of placing the initiative on the ballot. Further, that the DECEMBER 19, 1995 PAGE 7 third "whereas" clause recites the fact that the Council has two choices which include either adopting the General Plan or placing it on the ballot. C/Harmony complimented the City Attorney on his wording for the initiative. He asked the Council to consider the less expensive, newsprint sample ballot to help cut costs. MPT/Huff concurred with C/Harmony's request in printing this on newsprint; however, he was concerned that newsprint would not reproduce maps. He asked what other options the City has in placing the matter on the 1997 election. CA/Jenkins explained that, per the Election Code, Council has the option of requesting a special election and/or placing it on the ballot at the next regular municipal election, which would be November 1997. MPT/Huff stated that he was not in favor of postponing this issue for the 1997 election. CM/Belanger advised that a special election would cost approximately $75,000; however, if the City chooses to consolidate this ballot initiative with the County's ballot, there will be a reduced cost. In response to C/Werner, Mr. Maxwell stated that he would like to see it on the March ballot. MPT/Huff moved, seconded by C/Werner to adopt RESOLUTION NO. 95-72: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF A PROPOSED INITIATIVE MEASURE, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None b) RESOLUTION NO. 95-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DECEMBER 19, 1995 PAGE 8 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE - CA/Jenkins reported that this Resolution would be amended on Section 2 to correspond with the change in the language adopted by Resolution No. 95-72. C/Harmony moved, seconded by M/Ansari to adopt Resolution No. 95-73 Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner,MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None c) RESOLUTION NO. 95-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS - In response to C/Werner, CA/Jenkins stated that if the Council wishes to authorize itself or any of its members to prepare an argument, then now would be the time to do that. Further, if the Council chooses not to, then the Elections Code contains a panel of people who have priority to submit arguments in favor and against. C/Werner asked to write a statement against the initiative. C/Harmony asked to write a statement in favor. MPT/Huff asked to place his name with those against. C/Herrera asked to place her name with those against. DECEMBER 19, 1995 PAGE 9 C/Werner moved, seconded by MPT/Huff to adopt Resolution No. 95-74: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, as amended. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None d) RESOLUTION NO. 95-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. C/Werner moved, seconded by C/Harmony to adopt Resolution No. 95-75: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None CM/Belanger asked the City Council to take action authorizing the budget so that there is no question of the amount of money that will be allocated. He stated that the budgeted amount is approximately $73,000 for the election which included the cost to print the entire initiative document, including arguments for and against and rebuttals for and against, on newsprint in a ballot pamphlet to be sent to all registered voters within the community. M/Ansari moved, seconded by C/Werner to have the ballot printed on the newsprint paper, the ballot pamphlet contain the full text of the initiative General Plan, the City Attorney's impartial analysis, two arguments for and against, two rebuttals for and against, and front and back covers. With the following Roll Call vote, motion carried: DECEMBER 19, 1995 PAGE 10 AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None In response to M/Ansari, CM/Belanger advised that the Council has the prerogative of placing other measures on the ballot and suggested that a special meeting be held to address those issues. CA/Jenkins advised that the City has until December 29, 1995 in order to qualify any other matters for the March 26, 1996 primary ballot. M/Ansari asked for the Council's consensus to adjourn the meeting to a special meeting to discuss overnight parking, term limits, voting by district and other issues for the March 1996 ballot. Following discussion, it was agreed that these matters would be discussed at further meetings for consideration of placement on a ballot. 4. PUBLIC COMMENTS: Clara Burch opposed the election of Carol Herrera to the Council Max Maxwell objected to the independent analyses of the initiative issue and asked why they were so expensive. He also asked why Tonner Canyon was not discussed in the analysis. Jack Gutowski asked if citizens would be allowed to participate in writing arguments for and against the General Plan. CM/Belanger advised that the $73,000 ballot cost is based on estimates of costs received from a firm that specializes in printing of election materials. The estimated cost for the consolidated election is based on the City's experiences with other consolidated elections. He recommended not using any other printer to prepare these materials. In regard to the independent analyses, he reported that the dollar amount proposed included the Economic Analysis and the Planning Analysis. He speculated that Tonner Canyon was not discussed in the report because it is not within City Limits. 5. COUNCIL COMMENTS: C/Herrera announced that she was pleased to be sitting on the Council and that she was looking forward to opportunities to work with the citizens that supported other candidates. In regard to Clara DECEMBER 19, 1995 PAGE 11 Burch's comments, she stated that she sympathized with her and her family. C/Werner welcomed C/Herrera and wished everyone a safe and happy holiday season. C/Harmony welcomed C/Herrera and promised that he would work with the City toward economic development; however, he would make sure that neighborhoods are not disturbed by businesses. MPT/Huff welcomed C/Herrera and complimented staff in keeping employee numbers low. He suggested that all citizens read the General Plan before voting. In regard to the staff Christmas party, he stated that he was in favor of the party which was a way of showing thanks to staff for their hard work. He reminded everyone that the deadline for comments on the MRF EIR is December 23, 1995. He the announced that the Diamond Bar Brahmas took the CIF championship. He asked that everyone support the construction of Diamond Ranch High School. M/Ansari also welcomed C/Herrera. She announced that the Dial -A -Cab is still operating free -of -charge to all residents until December 31, 1995; that there are four seats available for the Rose Parade in Pasadena; that the City -On -Line Technical Advisory Committee will meet December 21, 1995 at 6:00 p.m. at Heritage Park Community Center; that she and MPT/Huff were invited to Ganesha High School for unveiling of the marquee donated by the City; that Ganesha High School finished second in their football league. 6. SCHEDULE OF FUTURE EVENTS: 6.1 CITY ON-LINE TECHNICAL ADVISORY COMMITTEE - December 21, 1995 - 6:00 p.m., Heritage Community Center, 2900 S. Brea Canyon Rd. 6.2 CITY OFFICES CLOSED FOR HOLIDAYS on December 25-26, 1995 and January 1, 1996. 6.3 CITY COUNCIL MEETING - January 2, 1996, 1996 - 6:30 p.m., AQMD Auditorium, 21865 Copley Dr. - Quorum not anticipated. 6.4 CITY COUNCIL MEETING - January 9, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive. 7. CONSENT CALENDAR: In response to C/Werner, CM/Belanger advised that the General Fund Balance at the June 30, 1995 year-end was -- $8,178,014, which is a net increase from the previous year 1993-94 of $1,294,252. Further, that the Total Fund Equity and Net Fund Equity is at approximately $19,000,000. C/Werner moved, seconded by C/Harmony to approve the Consent DECEMBER 19, 1995 PAGE 12 Calendar with the exceptions of Agenda items 7.1 and 7.10. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.2 APPROVED VOUCHER REGISTER - dated December 19, 1995 in the amount of $296,759.63. 7.3 RECEIVED & FILED TREASURER'S REPORT - month of October, 1995. 7.4 RECEIVED & FILED COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORT FOR YEAR ENDED JUNE 30, 1995- 7.5 995- 7.5 AWARDED PLAN CHECKING SERVICES FOR VESTING TENTATIVE TRACT 47850 IMPROVEMENT PLANS AND FINAL MAP TO HALL & FOREMAN, INC., IN AN AMOUNT NOT TO — EXCEED $32,659. 7.6 BUDGET ADJUSTMENT/SUBSTITUTE FOR SUBCONTRACTOR FOR MAPLE HILL PARK A.D.A. RETRO -FIT PROJECT, PHASE I - Approved budget adjustment of $410,010 from the CDBG Reserve Fund to the Maple Hill Park ADA Retrofit Project, Phase I; approved Change Order No. 2 in the amount of $9,100 and provided for an additional 10% (of the change order amount) contingency in the amount of $910 for the project and approved substitution of the landscaping subcontractor from E.S.T. Assoc. to Mercado's Landscape. 7.7 ADOPTED RESOLUTION NO. 95-76: A RESOLUTION OF THE CITY OF DIAMOND BAR SUPPORTING THE WALNUT VALLEY WATER DISTRICT IN ITS EFFORTS TO HAVE THREE VALLEYS MUNICIPAL WATER DISTRICT EQUITABLY LEVY MWD'S NEW READINESS -TO -SERVE CHARGE. 7.8 AWARDED CONTRACTS FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICE TO FORMA AND PURKISS ROSE -RSI - 7.9 AWARDED CONTRACT TO CONVERSE CONSULTANTS WEST IN AN AMOUNT NOT TO EXCEED $24,300 WITH A CONTINGENCY AMOUNT OF $3,000 AND APPROPRIATED $27,300 FROM THE UNALLOCATED GAS TAX FUND TO ACCOUNT NO. 4551-5221 DECEMBER 19, 1995 PAGE 13 (ENGINEERING CONTRACT SERVICES ACCOUNT) TO INVESTIGATE GROUNDWATER SEEPAGE ALONG MEADOWGLEN DRIVE AND AMBUSHERS STREET. 7.11 ADOPTED RESOLUTION NO. 95-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE SUNSET CROSSING ROAD CUL-DE-SAC IMPROVEMENT PROJECT (WESTERLY CITY LIMIT TO 400' EASTERLY) IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. Further , authorized the expenditure of up to $7,500 to prepare a concept plan for other,uses of the site for work to be completed by Purkiss-Rose/RSI and Charles Abbott Associates, Inc. MATTERS WITHDRAWN FROM CONSENT CALENDAR FURTHER DISCUSSION. 7.1 APPROVAL OF MINUTES - Special Meeting of December 4, 1995 - MPT/Huff advised that he pulled this item because both he and C/Herrera were not in attendance of this meeting and they need to abstain from the vote. C/Wemer moved, seconded by C/Harmony seconded to approve the Minutes of Special Meeting of December 4, 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, M/Ansari NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Herrera, MPT/Huff 7.10 RESOLUTION NO. 95-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING APPROVAL OF SB 96 (GREENE), KNOWN AS THE PUBLIC FACILITIES BOND ACT OF 1996- MPT/Huff reported that SB 96 is the same measure as AB 1168 and that SB 96 was defeated because it was linked with a prison bond issue. He asked to amend the Resolution to include AB 1168 with SB 96 and to show the Assembly that D.B. is behind both of these measures. MPT/Huff moved, seconded by C/Herrera to adopt RESOLUTION NO. 95-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING APPROVAL OF SB 96 (GREENE), KNOWN AS THE PUBLIC FACILITIES BOND ACT OF 1996 AND TO -INCORPORATE WITH THIS AB 1168. Motion carried by the following vote: DECEMBER 19, 1995 PAGE 14 AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/ Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. PUBLIC HEARINGS: None 9. OLD BUSINESS (corW ft 9.3 DISCUSSION OF REORGANIZATION OF CITY COUNCIL AGENDA - At the request of C/Wemer, Council agreed to continue the matter until January 9, 1996 meeting for public input. 10. NEW BUSINESS: 10.1 ORDINANCE NO. 07(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF - MPT/Huff moved, C/Harmony seconded to adopt ORDINANCE NO. 07(1995): AN ORDINANCE OF THE CITY OF DIAMOND BAR ADOPTING BY REFERENCE AND AMENDING THE LOS ANGELES COUNTY CODE, TITLE 32, FIRE CODE; AMENDING TITLE 16 OF THE DIAMOND BAR CITY CODE; AND DECLARING THE URGENCY THEREOF. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10.2 COUNCIL COMMITTEE APPOINTMENTS - M/Ansari asked for consensus to continue the matter until January 9, 1996 with the exception of any special meetings and subcommittees that will be meeting from this date until January 9, 1996. She asked MPT/Huff to attend the Foothill Transit meeting scheduled for January 4, 1996, C/Wemer to attend the Sanitation District meeting and C/Herrera and C/Wemer to attend the Finance Committee meeting. She stated that she would attend the League of California Cities meeting herself. 11. ANNOUNCEMENTS: None 12. ADJOURNMENT: There being no further business to discuss, M/Ansari adjourned the meeting at 10:45 p.m. DECEMBER 19, 1995 PAGE 15 ATTEST: Mayor 4LYNDA BURGESS, Coity Clerk