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HomeMy WebLinkAbout05/16/1989 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HELD MAY 16, 1989 CALL TO ORDER: Mayor Papen called the Council meeting to order at 6:02 P.M. ROLL CALL: The following Council members were present: Councilman - Gary Werner Councilman - Gary Miller Mayor Pro -Tem - Paul Horcher Mayor - Phyllis Papen Councilman - John Forbing arrived at 6:05 P.M. PRESENTATIONS/ INTRODUCTIONS: No presentations or Introductions. CONSENT CALENDAR: Mr. Philip F. Kuida requested that the Minutes which were dated April 28, 1989 be corrected to May 2, 1989. Further he requested that the comments made during that meeting by Mayor Papen be entered into the record. Specifically, what the procedure for answering questions from the audience. Councilman Miller moved that the Minutes be removed from the Consent Calendar. The motion was seconded by Mayor Pro -Tem Horcher and agreed to by the consensus of the Council. Mayor Papen then advised that the Consent Calendar now consisted of item 2 (Warrant Register) and asked for approval of this item. Councilman Forbing moved that item 2 of the Consent Calendar, (Warrant Register) be approved. The motion was seconded by Mayor Pro -Tem Horcher and carried by the following roll call vote: May 16, 1989 AYES: Council Members: Forbing, Miller, Werner, Mayor Pro -Tem Horcher, and Mayor Papen NOES: Council Members: None ABSENT: Council Members: None Mayor Papen then reintroduced the Minutes of May 2, 1989 (April 28, 1989). Councilman Werner requested the following: Date of the Minutes should read May 2, 1989, page 8, Second full paragraph from the top: Last sentence to read "with the consensus of the City Council, a study session was set for 7:00 P.M. Councilman Miller asked Mr. Kuida to once again approach the Council and restate his concerns. Mr. Kuida 22635 Dry Creek Rd, Diamond Bar, CA. His concerns were over the incorrect date on the Minutes. Mr. Kuida said that the Mayor had made a couple of statements as to how the meetings would be run and that these statements had been omitted from the minutes. He felt that something important such as this should be included in the minutes. Also the Minutes of the Executive session, Mr. Kuida felt that the results should have been included in the minutes. Mr. Werner asked what the second item was and Mr. Kuida advised that it was a comment Mayor Papen had made regarding not addressing the public. Councilman Miller asked Mr. Kuida to make his proposal regarding the changes he would like in the Minutes. r Mr. Kuida requested that the following corrections be made to the May 2, 1989 City Council Minutes: (1) After roll call the Mayor's` instructions to the citizens of May 16, 1989 May 16, 1989 Diamond Bar as to how they may question their elected officials is missing. The Mayor's instruction "these meetings are set to make policy by the City Council, not to debate with the residents on each and every item." "And if you have any questions you can call City Hall and speak to a Council person." Mr. Kuida advised that this comment was omitted from the minutes of the meeting and he requested that the minutes be amended to reflect the Mayor's statement. If the Minutes can not be amended he requested that a statement be added to the Minutes for this Council meeting. Mr. Kuida also advised the Mayor's "chastisement" of the audience for wishing to participate in the democratic process. Specifically, after the Parks and Recreation Program was approved the Mayor stated "We will not answer any questions from the audience and will not recognize anyone who raises their hand". This is also omitted from the Minutes, and he respectfully requests that it be amended to reflect the comments. Thirdly, the Executive Sessions that were held, what were they for and their final disposition if any. He realized that the Mayor informed the public as to what they were for and the outcome, but were not included in the Minutes. Finally, that the April 28th date be changed to May 2, 1989. Councilman Miller stated that he did not have a problem with what Mr. Kuida said but did have a problem with some of the wording. On those specific items, he did not have a problem with it being admitted to the minutes. Miller would like them to be stated according to the agenda item that they were discussed under and in exact context or as close as staff can come. Councilman Miller moved to have the Minutes of May 2, 1989 be amended to include the items Mr. Kuida requested. The Motion was seconded by Councilman Werner. May 16, 1989 Councilman Werner stated that he believed that it was a matter of protocol and that the form of these Minutes have for the most part reflected actions that the Council has been taking and not gotten into detail. Councilman Werner asked staff if there is any particular form and to the City Attorney in regards to tapes. City Attorney Arczynski advised that the law requires that the City Council through the Clerk keep minutes of the activities of the Council meetings. The minutes are not necessarily to be a verbatim transcript of everything that transpires. The law merely requires M that they accurately reflect what occurred, particularly the actions taken by the Council. Mr. Arczynski went on to advise that there are some City Council meetings that the minutes are taken verbatim. It is up to the Council to decide how detailed the minutes should be and are appropriate. Mr. Arczynski felt that the Minutes accurately reflect what occurred, the fact that they may not specifically indicate every statement made by every member of the audience ` or member of the Council isn't a fatal defect legally and is up to the Council how detailed the minutes should be. As for the tapes, at this point, the tape recordings are merely for use by the staff to generate the minutes. The tapes are not necessarily public records, if the Council wishes them to be kept, however, they must be kept for two (2) years before they may be destroyed. May 16, 1989 May 16, 1989 Councilman Werner stated that his _ concern in regards to the editorials that are being requested, are simply that he is not in support of the Mayor's chastisement, the Mayor's discussion with the audience, did not reflect a consensus among the Council. Mr. Werner went on to say that he was not in support of having these types of statements in the minutes, based on the fact that they may in the future be misconstrued by people reading the minutes; that the Mayor was speaking on behalf of the City Council. And in this particular issue this was not the case. Councilman Werner advised that as far as the closed session being reflected in the Minutes, whatever is appropriate should be included in the minutes. Attorney Arczynski stated regarding the minutes of the closed session, do indicate that there was an .— executive session conducted regarding the litigation matter and no action was taken. The law requires nothing more for the public minutes. Councilman Werner requested that his second be withdrawn. CM Caswell advised Council, that if they wished, staff would go back and extract from the tapes, a transcript of what those statements were that are being referred to. If Council desires to have them, staff will see that they are included. Councilman Miller requested that his motion be withdrawn. Councilman Werner moved that the Minutes of May 2, 1989 be approved as amended by Councilman Werner. The motion was seconded by Councilman Miller and approved by consensus of Council. May 16, 1989 COMMUNICATIONS FROM THE PUBLIC: CONTINUED BUSINESS: ORDINANCE #8 Frank Dursa, 2533 Harmony Hill. Diamond Bar. Addressed the Council re: meeting time. He asked Council if the meeting time could be changed to 7:00 P.M. Councilman Werner advised that we do have our meetings at 7:00 P.M., that they may start at 6:00 P.M. but they are still going on at 7:00 P.M. Mayor Papen advised Mr. Dursa that Council looked into the issue and decided that because of being a new city the meetings would be lengthy, so the Council decided that when an issue is on the agenda that is a public hearing that it would not begin until 7:00 P.M. Mayor Papen advised Mr. Dursa that his comments would be taken under advisement. Mayor Papen then introduced Don Schad, 1824 Shaded Wood Rd. Mr Schad spoke about sound pollution. Mr. Schad advised that he had found extremely high noise levels in the City. Mr. Schad also advised that at the next meeting he would have some specific guidelines for Council's consideration. Mayor Papen asked City Attorney Arczynski to present Ordinance #8 for second reading. City Attorney Arczynski read Ordinance #8 by title only entitled: AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS. Councilman Forbing moved to waive further reading and adopt Ordinance #8. Motion was seconded by Councilman Miller. May 16, 1989 May 16, 1989 Mayor Papen asked why the date on the ordinance is July 1, and not date of incorporation? i Mr. Caswell advised that the rules of the State Board of Equalization state that the sales tax ordinance goes into effect on the 1st day of the quarter following the date of incorporation. Ordinance #8 was passed by the following roll call vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro -Tem Horcher, and Mayor Papen. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ORDINANCE #10: Mayor Papen requested City Attorney Arczynski explain Ordinance #10. 4 Attorney Arczynski advised Council that Ordinance #10 was presented for first reading at the last Council meeting and it amends the building code of the city, requiring building permits to be obtained for construction of walls and fences in excess of 36". Mr. Arczynski then read Ordinance #10 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 301(b)2 OF THE BUILDING CODE HERETOFORE ADOPTED BY THE CITY PERTAINING TO PERMITS FOR WALLS AND FENCES. Mayor Papen advised that the Council had received one letter in opposition to this Ordinance as well as a letter from the Department of County Works. Councilman Miller requested that the second reading be held until staff has been able to make recommendations to the Council. May 16, 1939 Councilman Miller moved to table this ordinance. The motion was seconded by Councilman Werner and by consensus of Council was approved. TRAFFIC STUDY: Mayor Papen then asked the City Clerk to report on the traffic study. Mr. Caswell stated that Council had received correspondence from the County traffic adviser indicating that there are 28 signalized intersections in Diamond Bar. City now fully or partially controls 24 of them and signed an agreement for County maintenance of the signals. Staff has requested that the County make a study of traffic conditions in the more difficult intersections and make recommendations to staff. Studies have to be made before any change can be warranted. Mayor Papen advised that with consent of Council this item will be continued until staff report is available. -� d PLANNING REPORT: Mayor Papen requested that Mr. Lackner address the Council. CARL'S JR. Mr. Lackner reported on the Carl's Jr. sign and Sand Stone Canyon. Each Council member had received copies of the reports. Mayor Papen advised that Carl's Jr had been asked to change the height of the sign to 30 ft. and they refused. City Attorney Arczynski advised that he would make contact with the Deputy D.A., but that the City could file an action for injunctive relief demanding that the sign be removed or brought to code. Councilman Miller asked if the sign had been approved. Mr. Lackner indicated that it had been approved in error. May 16, 1989 May 16, 1989 Councilman Miller wanted to know if the sign had been erected after Carl's thought that they had had approval. Mr. Lackner indicated "yes". Councilman Miller than asked the City Attorney if the fact they thought they had approval made a difference? Mr. Arczynski indicated that under California Law and the Constitution an error made by the staff is not binding by the city. Councilman Werner moved that the City Manager or a Council member meet with Carl's Jr. to resolve the problem. The Motion was seconded by Councilman Forbing. Motion was unanimously carried. Mayor Papen appointed Gary Miller to contact Carl's Jr. SAND STONE CANYON: Mr. Lackner reported on Sand Stone Canyon and that 5 oak trees had been cut down. Mr. Lackner advised that this violation has been sent to the D.A.'s office. Councilman Werner asked if the County Ordinance was sufficient. Mayor Papen advised that she had received a copy of the Oak Tree Ordinance from Thousand Oaks. Council will review this Ordinance and come back and make recommendations and possibly strengthen the code. Mayor Papen introduced Sunny Martindale, 1333 Rapidview, Diamond Bar. She asked the City Council to dead end Larkstone at the school site, and not allow a through street in the Arciero property. Mrs. Martindale requested that the City Council give her some time to contact organizations that might purchase the land and use it as a park or reserve. Councilman Miller requested that staff contact Dr. Grimshaw to determine whether the secondary roads are needed to loop the water system. May 16, 1989 Mr. Caswell advised that the City has the prerogative to approve any sub- division design. Mayor Papen asked Mr. Lackner if he had received any sub -division maps on the property. Mr. Lackner advised that they had received plans, and that the latest was for a 80 lot sub -division. Mr. Lackner advised that he would provide Council with a copy of the Environmental letter that had been sent out and what items were required. NEW BUSINESS: GRAND AVE. EXPRESSWAY: Mayor Papen introduced Mr. Carl Mansburger of 1108 Seneca Place, Diamond Bar. Mr. Mansburger went into detail regarding the Citizens Group lawsuit. Mr. Mansburger offered support to the City as well as asked for the City's support for the citizens lawsuit. Mr. Mansburger also advised that the hearing on the Writ of Mandate and permanent injunction in their action is set for June 14, 1989 at 8:30 a.m. Mayor Papen asked Mr. Mansburger what type of support he was asking for? Mr. Mansburger explained that the support they were looking for would be coordination between the City Attorney and the actions of the Attorney for the Citizens' group. To keep each other informed. Mayor Papen advised that the City had been served with papers regarding the suit filed by San Bernardino and that the Court hearing is set for June 9, 1989. Mayor Papen then asked Attorney Arczynski to give an update on the lawsuit. Mr. Arczynski advised that the San Bernardino lawsuit had been continued to June 9, 1989 regarding legal issues on the Writ of Mandate. May 16, 1989 May 16, 1989 Councilman Miller requested that Attorney Arczynski meet and speak with Attorney Wildish regarding the lawsuit filed by the Citizens and then advise on Council's involvement in the Citizens' lawsuit. Mayor Papen thanked Mr. Mansburger for the report and asked City Council to review the report. ANIMAL CONTROL: Mayor Papen introduced Mr. Bill Harford who spoke to the Council regarding the proposal for animal control in Diamond Bar. Mr. Harford discussed the fact that P.V.H.S. could provide the same or better service to Diamond Bar at no cost from the General fund. The City of Diamond Bar would be utilizing 6.9% of the service which is around $70,000.00 a year. The offer was 1 year service at no cost to the General Fund. Councilman Forbing asked when service would begin? Mr. Harford advised that it would be July 1, 1989. Councilman Werner asked if licensing would be handled by the County? Mr. Harford advised that P.V.H.S. would take care of the service. Councilman Werner asked if the cost for licensing would remain the same as with the County? Mr. Harford recommended that it should remain the same. Councilman Werner then asked about the revenues? Mr. Harford advised that the revenues collected would be put in our account and used to provide services to Diamond Bar. At the end of the year an audit would be done (at their expense) and a cost analysis would be provided to the City Manager along with a recommendation for the following year. May 16, 1989 Councilman Werner asked about any surplus funds? Mr. Harford said that it would be up to the Council. Councilman Werner asked about the cost? Mr. Harford explained that there would be no cost to the General Fund, the monies would come from the licensing fees. Mayor Papen then introduced Dr. Glenn Craft, DVM, owner of General Pet Hospital and resident of Diamond Bar. Dr. Craft wanted to let Council know that in his opinion P.V.H.S. was very good and responsive to the needs of the community. Mayor Papen asked about hiring additional staff and equipment. Mr. Harford advised that they would be adding one additional staff member and a car. I Councilman Werner asked what would happen if after 1 year the City decided to go with another service? Mr. Harford advised that the City would be compensated. Councilman Forbing made a motion that as of July 1, 1989 the City enter into a contract with P.V.H.S. The motion was seconded by Councilman Miller. Councilman Werner asked about sharing service with L.A. County? Mr. Harford indicated that P.V.H.S. would like to do it all or nothing. Mayor Papen introduced Mr. Philip Kuida 22635 Dry Creek Road. Mr. Kuida wanted to know if P.V.H.S. would honor dog licenses from L.A. r` County or if the owner would lose 6 months of licensing due to the difference in licensing requirements? May 16, 1989 May 16, 1989 Mr. Harford answered "No" Mayor Papen then restated the Motion and Council unanimously approved. Mayor Papen then asked staff to prepare the necessary contracts and ordinances to begin service July 1, 1989. Mayor Papen then recessed the meeting for a 10 minute break. Meeting reconvened at 8:10 P.M. Mayor Papen suspended the order of the Agenda in order to discuss the closed session regarding the hiring of a permanent City Manager. City Attorney Arczynski recommended that the City Council adopt a motion pursuant to the provisions of the Brown Act to add an item to the Agenda pertaining to the City Manager position as the need arose after the i Agenda had been posted. He advised that he would need a 4/5 vote of approval on the motion. Councilman Werner moved that the Council approve the Motion. It was seconded by Councilman Miller and carried by all Council members, except Councilman Werner who abstained. Mayor Papen advised the audience on how the City Manager had been picked and made a motion that the City Council hire Mr. Robert L. Van Nort as the permanent City Manager and instruct staff to prepare the contract for ratification at the next City Council meeting. The motion was seconded by Councilman Miller. Councilman Werner stated for the record that he had discussed this matter with City Attorney because of the consulting arrangement Councilman Werner has with the City of Big Bear Lake. Councilman Werner advised that the City Attorney said that there was no reason why Mr. Werner could not be a part of the process and he was free to vote on matter. May 16, 1939 Mayor Papen asked for the vote on the City Manager position and was carried by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Mayor Pro -Tem Horcher, and Mayor Papen. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Werner Mr. Van Nort was introduced by Mayor Papen. Mr. Van Nort said a few words and introduced his wife Diane. Mayor Papen then stated that the Council wished to thank Mr. Caswell for all his hard work. Mr. Caswell thanked Council for their kind words. LAW ENFORCEMENT: Mayor Papen introduced Capt. Thomas Vetter from the L.A. County Sheriff's Department. Capt. Vetter discussed the proposal that the Sheriff's Department had submitted to the City. The proposal was a 5 year contract starting July 1 1989. Capt. Vetter advised that -the contract would be ready for Councils review on May 23, 1989 for consideration. Capt. Vetter then introduced Lt. Mike Muravez who was available to answer any questions Council may have. Mayor Papen asked why the LAFCO report showing the level of service is lower than the proposal submitted? Lt. Muravez explained that it was based on the actual level of service rendered to the community and proposed city limits for the fiscal year 86-87. When asked to submit the information it was based on actual level of service and not the desired level. Lt. Muravez advised that an Addendum to the contract had been submitted. May 16, 1989 May 16, 1989 Mayor Papen asked about starting with a partial recommended program and ii then increase it in 6 months or so as the city obtained more funds? Capt. Vetter explained that the Sheriff's Department could be flexible and a midterm adjustment could be done. Mayor Pro -Tem Horcher suggested that Mr. Van Nort take a look at the proposal. Councilman Werner asked if the CHP would still have the authority on the freeways in our City or would the Sheriff's department assume responsibility? Capt. Vetter stated that the CHP would still have the authority on the freeways. FRANCHISES: CM Mr. Caswell discussed franchises for Southern California Gas and Southern California Edison, which ^! both companies asked for. Mr. Caswell introduced the 2 Resolutions adopting the intent to franchise. Mr. Eggert, District Manager, for Southern California Gas Company advised that the rates are set by the Utility Law of 1937. Functions of revenues derived by the sale of gas in the city. Projections of this revenue is approximately $105,000. to $115,000. a year, payable in April each year. The next payment will be prorated as of the date of incorporation. Mr. Robert Imhoff, Area Manager for Southern California Edison advised that the figures the Edison Co. shows is also approximately $105,000. per year. Mayor Papen asked Mr. Imhoff about moving the wires underground? Mr. Imhoff explained that under the decision 8209 of the Public Utilities Commission, it sets aside a certain amount of money to cities and counties to be used for underground wiring May 16, 1989 Mayor Papen made a motion to approve Resolution 89-33 and 89-34 Declaring Council's intention to grant franchises and setting a Public Hearing. The motion was seconded by Councilman Werner and approved by consensus of Council. L.A.C.T.C. CM Caswell advised that the Transportation Commission is in charge of administrating the $.1/2 sales tax, which is called "Prop A" funds. The Commission has rules and regulations as well as based on the population figure. Mr. Caswell reported that LACTC will not honor the population figure of 74,115. Since they have discretionary funds they will choose the way in which they arrive at a population figure. The proposal is the same as Santa Clarita which would amount to $50,000.00 in revenue per month. Mr. Caswell asked for Council's _ direction as far as a population figure under the same general terms as Santa Clarita. Councilman Werner then asked if there was an urgency to approve this matter immediately? Based on the fact that Santa Clarita is a new community their transportation facilities are in a planning stage where Diamond Bar is a fully developed stage, Council should study the proposal further. Councilman Forbing asked if LACTC would pay from April 18th, if and when we decided? CM Caswell said that he didn't know, the assumption is "yes" since they are anxious to come up with a figure so the payments can begin. Councilman Forbing asked if the figure of population would be good until the end of the census. CM Caswell said that it will be good until there is some other population figure. The figure that they might agree to is 61,000. May 16, 1989 May 16, 1989 Mayor Papen advised that she believed that the population figure set on April 18, 1989 was good for 8 years as far as subventions were concerned. She felt that if we show LACTC what the City would use the money for, they might be more inclined to raise the population figure. She also felt that we should not agree to the settlement of 2 1/2. Councilman Forbing felt that the population figure may be higher than what we have and therefore we should accept the proposal from LACTC. Councilman Werner moved to table the discussion of LACTC proposal to time unspecified. Mayor Papen seconded the motion, and with consensus of Council motion carried. CONTRACT SERVICES: CM Caswell advised that time was getting close for contracting with the County for services. He suggested that the City contract with the County to keep the City moving. Mr. Caswell r also felt that now that Mr. Van Nort is the City Manager that he should be involved in this proposal. Mayor Papen advised that with Council consent, a discussion between Mr. Caswell and Mr. Van Nort should take place and wait for information to come back. INTERIM ZONING: City Attorney Arczynski reviewed with Council the memo he had written concerning interim zoning. The memo outlined the process that must be done before an ordinance like this could be adopted. He advised that Council does have authority to disallow projects that might be undesirable to the city. Mayor Papen asked Mr. Lackner if at the present time there are.building permits being issued on projects that the Council has not reviewed. Mr. Lackner said "yes", if someone has a legal parcel and the correct I zoning for the use and the use does not specify discretionary review, then a permit would be issued. May 16, 1989 Councilman Miller suggested that the building department submit to the City a report either monthly or twice a �I month, giving the City notice of what permits were being applied for. Mr. Lackner advised that he would go through the entire zoning of the City and let Council know what area there is a possibility for multi -structures. Councilman Werner discussed the Vineyard National Bank, which he feels should have gone through a higher discretionary approval. He suggested that Council have approval over drive- through facilities. Mayor Papen discussed the fact that many facilities are making improvements and changing their facilities and this is being done without approval. Councilman Forbing suggested that the Architectural Committee should be transferred from Transamerica to either the Council or organization who has the time to take over the architectural control. i Mayor Papen introduced Ginny Burch a freshman at Cal Poly. She told Council that through the General Plan all their concerns would be taken care of. She also asked a question about building permits. WALNUT VALLEY RECREATION: City Attorney Arczynski advised that a final version of the contract should be available for Council within the next few weeks. Mayor Papen asked a question regarding liability and the fact that the proposal shows the City assuming liability. Attorney Arczynski advised that the liability would be on the shoulders of Walnut Valley Recreation. Councilman Miller also questioned the payment for the program. May 16, 1989 May 16, 1989 Councilman Forbing requested that Attorney Arczynski discuss with Counsel for Walnut Valley Rec. what the City of Diamond Bar will provide. PETTY CASH: CM Caswell requested that a "Petty Cash" account be opened to take care of office supplies, etc. Councilman Miller requested that the City Manager have full control of signing, or in the alternative, 2 members of the staff. Council's consensus was to approve the account. DIAMOND BAR BUSINESS ASSOC: CM Caswell advised that the City had received a letter from Gateway Corporate Center requesting that a letter be sent to LA County requesting that "No parking any time signs" be posted on the streets within the Gateway Corporate Center. -- Mayor Papen advised that she had spoken with Mr. Reiling regarding this matter and the reason for this request was because some of the tenants are parking on the streets instead of in the parking facilities within their building. City Attorney Arczynski stated that between he and Mr. Lackner they would determine if there were any specific conditions of approval that mandate or authorize the installation of no parking signs and if not traffic engineering will have to provide a report indicating the validity of the request. It would be the City Council's determination as to whether or not it can be done. Councilman Werner asked who would pay for the signs to be installed. Mayor Papen advised that she believed that Gateway Corporate Center had agreed to pay for the signs and installation. Staff is to make a report on the request for "No Parking Any time signs." May 16, 1989 COUNCIL MEMBER COMMENTS: Councilman Forbing - Advised that both he and Councilman Miller were looking into the conditions of the parks and possibly setting up committees for each of the parks. they will be working with the County to try and get more maintenance for the parks and a report on the conditions of the parks. LA County is talking about turning the parks over to the City without making changes or upgrades so they are trying to see what the situation is with the parks. Councilman Werner - Made 2 requests: 1. At one of our next meetings, that a presentation from a municipal financing organization. 2. Put a billboard on the fence at Grand Avenue, setting forth the sentiments of the City Council with regards to the continued closure of the road until it has been settled. Councilman Werner then asked City Attorney Arczynski about the slips that are for audience comment. Specifically, the "affiliation" question. Mayor Pro Tem Horcher - Stated that he was very happy to have Mr. Van Nort on board. Mayor Papen - Advised that Council has been working very hard. She is j pleased with the progress and now that a permanent City Manager has been named things should move forward. She also welcomed Mr. Van Nort and wife Diane to Diamond Bar and again offered her thanks and appreciation to Mr. Caswell. Attorney Arczynski - Advised that the white slips of paper are fine. He also advised that usually the �r Consent Calendar is not for discussion i except between Council members. May 16, 1989 May 16, 1989 Mr. Arczynski spoke regarding S.G. Tribune v. City of Diamond Bar and �I advised that it might be a good idea for Council to substitute the City Attorney in as counsel. Consensus of Council directed Mr. Arczynski to substitute in as attorney for City in this case. With no further business to discuss Mayor Papen adjourned the regular meeting to closed session at 9:30 P.M. Closed session convened at 9:40 P.M. The discussion was regarding Personnel and Grand Avenue litigation lawsuit. No reportable action taken. Mayor Papen reconvened regular session at 10:00 P.M. and adjourned the regular meeting at 10:01 P.M. R spectfully Submitted, Tommy --A. Nice Secretary ATTEST: A" 40'0r�" Phy lisep n Mayor