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HomeMy WebLinkAbout12/07/1993 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 7, 1993 1. CALL TO ORDER: M/Miller called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mr. Red Calkins. INVOCATION: The Invocation was presented by Pastor Robert Clayton, Diamond Bar Worship Center; Mrs. Rachel Natiiv, Temple Shalom; Reverend Margaret Hedden, New Life Fellowship Church; Reverend Wonkyu Shin, Sam Sung Korean Presbyterian Church; Dr. Ahmed Sakr, Walnut Valley Islamic Center; and, Ram Parasher. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Council Members Werner, Forbing and MacBride. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and City Clerk Lynda Burgess. 2. PRESENTATIONS: 2.1 M/Miller presented a City Tile to Mr. Joe Ruzicka in appreciation for his dedicated service as a member of the Board of Directors on the Diamond Bar Improvement Association for the past six years. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular meeting of November 2, 1993 - Approved as submitted. 3.1.2 Regular meeting of November 16, 1993 - Approved as submitted. 3.4 TREASURER'S REPORT - Month of October, 1993 - Received and filed. 3.5 REJECTED CLAIM FOR DAMAGES: 3.5.1 Claim for indemnification filed by L.A. County November 3, 1993 in the matter of Neal Charles Dewitt, et al., V. City of Diamond Bar and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.5.2 Claim for indemnification filed by L.A. County November 3, 1993 in the matter of Fernando DECEMBER 7, 1993 PAGE 2 Diaz v. County of Los Angeles, et al and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.6 APPROVED EXONERATION OF GRADING SURETY BOND POSTED FOR 2500 CROWFOOT - Approved work completed and exonerated Surety Bond No. 3-05-01025-6 posted for grading in the amount of $28,000. 3.7 ADOPTED RESOLUTION NO. 93-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 3.8 APPROVED MEMORANDUM OF UNDERSTANDING FOR THE GRAND AVENUE TRAFFIC SIGNAL SYNCHRONIZATION/ARTERIAL IMPROVEMENTS PROJECT BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.2 CALIFORNIA GOVERNMENT CODE SECTION 995 LEGAL DEFENSE IN THE MATTER OF GROSS V. MILLER; AND, - REIMBURSEMENT AGREEMENT - CM/Belanger recommended that the City Council memorialize and ratify the agreement between the City and the law firm of Wildish & Nialis and that the City Council enter into an agreement for reimbursement between the City and Gary G. Miller and that an invoice for $5,328 be paid. CM/Belanger, in response to C/Werner, stated that all agreements entered into by the City Council are subject to review. The City Council has the authority to con-tinue with an agreement, rescind it or terminate it through the provisions of the agreement within their discretion. M/Miller explained that he directed staff to prepare a reimbursement agreement, subject to the conditions listed. CA/Arczynski stated that California Government Code 955 obligates a city to pay for defense and indemnity of any employee (which includes City -- Council members) in the event of a judgment for acts or omissions. The law provides the City with the ability to deny the defense and refuse to indemnify, in the event certain specified findings are made, such as corruption, fraud, actual malice or the employee was not in the course and scope of DECEMBER 7, 1993 PAGE 3 employment of the time of the injury. Oscar Law expressed concern that the pending lawsuit against M/Miller is more of a personal matter than a business matter. M/Miller explained that the litigation relates to an accusation made that he, as Mayor, not as a private individual, had spoken inappropriately at a realtors caravan. William Gross began to explain the circumstances relating to the litigation of Gross v. Miller. MPT/Papen questioned the appropriateness of discussing the matter during public comments. CA/Arczynski stated that Mr. Gross does have the right to question the agreement and express his belief that the City should not ratify the agreement; however, this is probably an improper forum to discuss the merits of the litigation. Mr. Gross pointed out that Miller v. Gross was a personal litigation that was dismissed and that Case No. KC014266 is the same Case No. as the cross complaint, Gross v. Miller. The taxpayers should not have to pay for the litigation costs involved in this cross complaint because it, too, is a personal matter. He pointed out that it is inappropriate for C/Forbing and C/MacBride to vote on the matter since they have been elected out of office. Max Maxwell expressed concern that the City is being asked to pay for the costs relating to this personal litigation matter. He suggested that the issue be post-poned to allow further investigation, and that it be placed on a future agenda as an item for discussion, and not as an item on the Consent Calendar. Lawrence Rhoads pointed out that the agreement is con-ditioned whereby if it is proved that the Mayor was not working within his capacity as Mayor, then the City does not have to pay the litigation fees. Barbara Beach-Courchesne stated that since the Mayor initiated the first complaint, a personal lawsuit that created this cross complaint, then it should remain the Mayor's obligation to pay the litigation fees involved. M/Miller clarified that he paid for the lawsuit filed against Mr. Gross, not the City. He DECEMBER 7, 1993 PAGE 4 reiterated that Mr. Gross filed a lawsuit against him for a speaking engagement as Mayor of the City of Diamond Bar. C/Forbing moved, MPT/Papen seconded to memorialize and ratify the agreement between the City and the law firm of Wildish & Nialis; to enter into an agreement for reim-bursement between the City, and Gary G. Miller and that an invoice for $5,328 be paid with the understanding that M/Miller agrees to reimburse the City for any and all legal fees and costs paid for if it is determined that his act or omission was not within the scope of his employment, or if it was determined that he acted, or failed to act because of actual fraud, corruption, or actual malice. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None 3.3 WARRANT REGISTER - MPT/Papen stated that the City Council, last year, scheduled $2,500 for City Council education and training, which to date, has not been used. She noted that the Warrant Register includes a request from two Council members to attend a team building workshop hosted by the League of California Cities at a cost of $2,500. Since only 2 of the 5 Council members would be attending the meeting, and the entire budgeted amount would be used towards the cost of the workshop, MPT/Papen suggested that it may be appropriate to pull this item from the Warrant Register, to be discussed at a later date when the new Council members have been installed. MPT/Papen moved, C/MacBride seconded to approve the Warrant Register, withdrawing a request from two Council members to attend a team building workshop at a cost of $2,500 for further discussion. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 4. ADMINISTRATION OF OATHS OF OFFICE: 4.1 PRESENTATIONS TO COUNCILMEMBERS JOHN FORBING AND DEXTER MACBRIDE - M/Miller recognized Councilmember Dexter MacBride for his outstanding dedication to DECEMBER 7, 1993 PAGE 5 the City as a member of the City Council. C/MacBride expressed his appreciation to the City. He then encouraged the community to become involved in opposing the location of the City of Industry's proposed Materials Recovery Facility (MRF), to be located at the border of Diamond Bar next to the YMCA, Lanterman, and the little league fields. M/Miller recognized Councilmember John Forbing for his outstanding dedication to the City as a member of the City Council. 4.1.1 PRESENTATIONS BY CHAMBER OF COMMERCE - Cathy Cook, the President of the Diamond Bar Chamber of Commerce, presented C/MacBride with a Certificate of Appreciation for his support and service given to the Chamber. Cathy Cook presented C/Forbing with a Certificate of Appreciation for his support and service given to the Chamber. Ann Stephens, representing L.A. County Supervisor Dean Dana, presented plaques to C/MacBride and C/Forbing to express appre-ciation for their dedication and service as Council Members for the City of Diamond Bar. 4.2 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI, CLAIR W. HARMONY AND GARY H. WERNER - Assemblyman Paul V. Horcher administered the Oaths of Office to Clair Harmony, Eileen Ansari and Gary Werner as Council Members for the City. 4.3 REORGANIZATION OF CITY COUNCIL: 4.3.1 SELECTION OF MAYOR - C/Harmony moved, C/Ansari seconded the nomination of C/Werner as mayor. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Ansari, Werner NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen, Miller ABSENT: COUNCIL MEMBERS - None 4.3.2 SELECTION OF MAYOR PRO TEM - M/Werner moved, C/Ansari seconded to nominate C/Harmony as Mayor Pro Tem. DECEMBER 7, 1993 PAGE 6 C/Papen nominated C/Ansari as Mayor Pro Tem. Nomination died for lack of second. With the following Roll Call vote, C/Harmony was elected Mayor Pro Tem: AYES: COUNCIL MEMBERS - Ansari, Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen ABSTAIN: COUNCIL MEMBERS - Miller ABSENT: COUNCILMEMBERS - None 4.4 PRESENTATION TO MAYOR GARY G. MILLER - M/Werner presented C/Miller with a gavel as the City's token of appreciation for his dedicated service as Mayor of the City Council. C/Papen expressed apprecation to Mr. MacBride and Mr. Forbing for their service and dedication to the City through the past years. She then thanked the community for their participation in the YMCA book sale, which netted over $3,400. She then reported that the charges against C/Miller and herself had been dropped regarding the lawsuit involving Diamond Bar Associates v. the City. She also reported that the Industry Metrolink Station is the number one station in the whole Metrolink system, carrying 40% of the total ridership for the Riverside line. She stated that by the first of January 1994, there will be two exits to the parking lot --one of them with a traffic signal on Brea Canyon Road. John Lee, with Mayor Riordon's Office, presented a Certificate of Congratulations to M/Werner and extended congratulations to MPT/Harmony and C/Ansari. RECESS: M/Werner recessed the meeting at 7:30 p.m. for a reception. RECONVENE: M/Werner reconvened the meeting at 7:45 p.m. 5. PUBLIC COMMENTS: Patti Anis, 1125 Bramford Ct., read a letter from Nick Anis congratulating the elected Council Members and inquiring when the election for the General Plan would be held. Dave Reynolds, 1160-C N. Golden Springs, presented a general overview of recycling as it related to the waste diversion report. He pointed out that if the City was to maximize the participation in the collection of DECEMBER 7, 1993 PAGE 7 recyclables, then a MRF, such as the one proposed in the City of Industry, would not be economically viable because there would not be enough material to be recovered out of the MRF. He suggested that there be joint lobbying efforts to domestic and unused market development to deal with the effects of the waste diversion laws in place. George Barrett congratulated the elected Council Members. He suggested that the Council consider changing the format of the meetings to respond to comments made by the public while he/she is still at the podium. Lydia Plunk, 1522 Deerfoot Dr., requested that the Council direct staff to explore the idea of the Oak Tree as the City Tree. Robert Quartucy, resident and President of the D.B. Lively Senior Citizens, thanked the Council on behalf of the Seniors for the new Community Center. He also acknowledged the efforts of staff, particularly CSD/Rose, AA/Fritzal and AA/Barlow. Michael Yoder, 18881 Von Karmen, Irvine, representing i Diamond Bar Associates, referring to statements made by C/Papen and C/Miller regarding the lawsuit Diamond Bar Associates v. the City, clarified that the court has found that C/Miller and C/Papen were immune from being sued personally, and that the City must defend against the charges. He also stated that Diamond Bar Associates had unsuccessfully attempted to get a resolution on the merits, and they had not been given an opportunity to answer questions asked by the City's expert consultants in connection with Tract 147850. CA/Arczynski stated that the Council has been fully apprised during Closed Session discussions of the status of the matter and further statements to Mr. Yoder need not be made at this time. C/Papen requested that the City Clerk prepare a verbatim transcript of Mr. Yoder's remarks and forward the statement to the attorneys handling the lawsuit for the City. She noted that the subject project was denied without prejudice, giving Diamond Bar Associates the opportunity to reapply and go through the Planning Commission. The City has also offered binding arbitration, but it has been rejected. She then stated that Diamond Bar Associates donated $4,100 to M/Werner's re-election campaign and $3,500 to MPT/Harmony's campaign. Mr. Chiman Kotecha congratulated the elected Council Members, and wished them wisdom in their decision makings. DECEMBER 7, 1993 PAGE 8 Don Schad congratulated the new Council Members. He offered his assistance to the Council as needed. Terry Birrell, 1528 S. Gold Canyon Dr., congratulated the new Council Members. She then made various comments regarding the recall attempt of C/Papen and stated that she feels there is a conflict of interest involving C/Papen and the exclusive trash hauling issue. C/Papen requested a verbatim transcript of the statements made by Ms. Birrell. She responded to some of the comments made and expressed concern that she is continually being harrassed. MPT/Harmony stated that it is inappropriate to use staff time to make a transcript of Ms. Birrell's comments since they relate to Mr. Lowe. M/Werner noted that, since there doesn't seem to be any objections among the Council to C/Papen's request, it was appropriate for C/Papen to receive a transcript of the comments made. Barbara Beach-Courchesne congratulated the elected Council members. She expressed support of the recall efforts of Council Members Miller and Papen. Max Maxwell congratulated the elected Council Members. He stated that he would be presenting a document to the City Council containing information relating to some of C/ Miller's actions regarding three issues: the South Pointe Master Plan, the Grand Ave. Agreement and his association with RnP. He requested that the information be fully investigated and presented to the FPPC with a request for a response as to its status quo. He expressed support for the recall of Council Members Papen and Miller. Frank Dursa, 2533 Harmony Hill Dr., congratulated the elected Council Members and requested an audit of all costs related to the General Plan, to include all the attorney's fees paid by the City over and above the normal retainer fees, as well as other attorney's fees for lawsuits brought about by C/Miller and C/Papen. He expressed support for the recall efforts of C/Miller and C/Papen and suggested that both consider resigning from the Council. C/Miller stated that he was elected into office by a fairly significant part of the community and he would remain until voted out of office. William Gross also requested that the City review and investigate the lawsuits brought about by Council Members DECEMBER 7, 1993 PAGE 9 in the past as a way to determine a constructive solution to end the bickering and resolve the issues. He then expressed support for the recall efforts of Council Members Miller and Papen. M/Werner expressed his concern regarding the effectiveness of the new City Council if much of the time is to be taken with continuous negative statements. He requested that the community give the Council the opportunity to pursue many of the avenues and suggestions voiced over the last two years. The City Council is anxious to begin making the progress needed to move the City forward. He suggested that it may be beneficial if those involved in the recall efforts and those subject to recall efforts to refrain from making comments, which do not belong at this forum, so that the City Council can conduct City business. Lawrence Rhoads concurred that this is not the appropriate forum to establish a recall, even though there is a lot of support from the citizens. Jim Paul congratulated the new councilmembers. Ken Anderson requested the City Council to direct staff to request the Sheriff's Department to investigate the tearing down of recall signs thoughout the City. C/Papen questioned if the temporary recall signs being posted throughout the community on telepone poles and private driveways are allowed per the City's sign ordinance. In deference to the comments made regarding the number of lawsuits filed, C/Papen then asked Mr. Anderson to drop his lawsuit against the City. Mr. Anderson stated that, since the lawsuit filed is for due process to assure that the City honor the condition of the CUP for the Country Hills Towne Center prohibiting a restaurant with a cocktail lounge or bar because of the mixed use, and because of the shared parking situation, he would not drop the lawsuit. CA/Arczynski, in response to C/Papen's inquiry regarding the temporary signs, stated that the phone company and Southern California Edison have requested, in writing, that the City remove such signs from their facilities because of safety factors to their personnel. Furthermore, such signs attached to parkway trees and such are prohibited by the City. CM/Belanger stated that the signs have been defined as signs on private property, which means they do not fall under the provisions of the temporary sign ordinance as presently written. He stated that he is not aware of City staff removing signs under the provisions of the DECEMBER 7, 1993 PAGE 10 code. MPT/Harmony noted that the enforcement of political signs are part of the non -complying type sign provisions. He stated that whether a referendum or a recall has been certified, it is still a political process and citizens deserve the right of freedom of speech and expression. The Sign Ordinance should be given some reconsideration. Beni Omi requested C/Miller and C/Papen to resign. John Katowski, 1856 Kiowa Crest Dr., suggested that the City consider doing away with public works signs posted at almost every government project because it insinuates that it is being paid for by the listed political powers and not by the people. He pointed out that the City needs to start paying attention to other problems in the City other than develop -went such as emerging gangs and idle youngsters needing direction. 6. COUNCIL COMMENTS: C/Miller inquired as to the number of lawsuits filed by D.B. Citizens to Protect Country Living. CA/Arczynski recalled two specific lawsuits with additional actions filed under the first. In response to another inquiry by C/Miller, he stated that he does not recall receiving direction nor comment from C/Miller to either file against anyone or consider suing people in this community. C/Ansari thanked those who supported her election. She stated that the City needs to get back to business, beginning by dealing with the General Plan, the proposed MRF and the decrease in library services. MPT/Harmony suggested that since there is not a lot of public support for the General Plan, it would be inappro- priate to expend a lot of money for a public vote. He suggested that the document be returned to a Citizens Committee to refine the document within a 90 to 120 day process. He stressed the importance of open government, inviting and encouraging those interested to be involved. He then recommended that the Council tape record the Executive Sessions so that there is a record of what is said, hopefully encouraging Council members to act pro- fessionally. Also, Roberts Rules of order needs to be instituted. He stressed the importance of having good relations with congressional and state delegations for the City's well being to gain support in such issues as the proposed MRF. He then announced that there would be an outreach program at Ken's Hardware with representatives from the Walnut Valley School District, Commissions and City Council to obtain opinions from citizens. He also announced that the Stonegate Sycamore DECEMBER 7, 1993 PAGE 11 tract installed Christmas lights and that Coyote Springs residents will also have Christmas lights, with a New Year's Day parade and a chili cookoff. He then concurred that public works project signs should indicate that a project has been paid for by the citizens. M/Werner thanked those who supported his re-election, and stressed the importance of returning back to City business. He concurred with MPT/Harmony that the Council needs to be made more user friendly, and that City offices should be accessible to the public so that the public feels welcome to meet with members of staff or the Council. He requested that staff draft a resolution adjusting meeting times from 6:00 p.m. to 7:30 p.m. M/Werner stated that he would prefer that the Council provide an immediate response, or as quickly as possible, to any comment or issue brought before the Council. He then stated that the General Plan should be rescinded and that a committee should be formed consisting of representatives from citizens' groups, property owners, developers and representatives from each of the City's commissions to review the General Plan and identify those issues that need to be dealt with to the satisfaction of — the Council. He indicated that he would like to remove as many lawsuits as possible, bringing matters back to this particular forum so that the Council can deal with the issues. He requested that the City Attorney pursue allegations of conflict of interest as brought forth by Mr. Maxwell. In regard to the South Pointe Master Plan, he expressed concern that it is improper for the Council to act as both a regulator of the entitlement and, as a developer, a beneficiary of that property. He requested staff to bring back to the Council, at the earliest time possible, some recommendations with regard to the establishment of a non-profit conservancy development corporation so that the property can be transferred to those organizations. He suggested the establishment of a Redevelopment Agency to assist the School District in building the infrastructure necessary through that property to accommodate the proposed South Pointe Middle School, and the development of open space, commercial, housing or whatever land use is best determined for that property. There should be a balance between the open space and development activities so that the acquisition and maintenance of open space does not become a hinderance upon the taxpayer of the City. He requested that these suggestions come back before the Council for concept discussion. MPT/Harmony moved to reconsider agenda item 3.2 C/Papen inquired if, under Roberts Rules of order, MPT/Harmony can call for a motion on an issue that he did not vote on. DECEMBER 7, 1993 PAGE 12 CA/Arczynski stated that, under Roberts Rule of Order, a motion to rescind a previously taken action in its entirety must be made by someone who voted in the affirmative on the original motion. However, Council can direct to place the item on the next agenda for consideration. MPT/Harmony expressed concern that the issue was improperly acted upon by the City Council previously. He stated that there is an urgency on the matter because a check in the amount of $5,400 is to be issued tomorrow unless the matter is dealt with now. CA/Arczynski, in response to M/Werner, stated that the Council has the authorization to direct staff to withhold the warrant, pending reconsideration of the item. The City Council voted upon the motion made by C/Harmony, seconded by C/Ansari to rescind and reject the legal defense agreement in the matter of Gross v. Miller. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony NOES: COUNCIL MEMBERS - Miller, Papen, M/Werner ABSENT: COUNCIL MEMBERS - None M/Werner moved, MPT/Harmony seconded to schedule an emergency meeting on December 14, 1993 to reconsider item 3.2 of the Consent Calendar and to direct staff to withhold payment until the matter has been resolved. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen, Miller ABSENT: COUNCIL MEMBERS - None 7. SCHEDULE OF FUTURE EVENTS: 7.1 PLANNING COMMISSION - December 13, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.2 TRAFFIC & TRANSPORATION COMMISSION - December 16, 1993 - 6:30 p.m. - AQMD Hearing Room, 21865 E. Copley Dr. 7.3 PARKS & RECREATION COMMISSION - December 16, 1993 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 7.4 CITY COUNCIL MEETING - December 21, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. DECEMBER 7, 1993 PAGE 13 8. NEW BUSINESS: 8.1 RESOLUTION NO. 93-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - C/Papen excused herself from discussion of this matter. CM/Belanger reported that the plans and specifications for the Grand Ave. guardrail landscape improvements were prepared as directed by the City Council on June 1, 1993 meeting. He recommended that the Council approve the plans and specifications for this project. Don Schad recommended that indigenous plants be considered for the landscaping. He offered his services to assist in that direction. ICE/Wentz reported that Mr. Schad's comments were passed on to the design consultants on this project. The plans and specifications were also reviewed by the Parks & Recreation Department. Staff will investigate to assure that Mr. Schad's comments were appropriately considered in the specifications. MPT/Harmony noted that the watering system in the area is in need of repair. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 93-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - MPT/Harmony, Ansari, Miller, M/Werner NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - None MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.3 WARRANT REGISTER - M/Werner reported that he, C/Ansari and CM/Belanger were scheduled to participate in a team building workshop held by the League of California Cities. C/Papen suggested that, since there is only $2,500 DECEMBER 7, 1993 PAGE 14 budgeted for the entire Council for education and training, it would seem appropriate that each Council Member be given a $500 limit for spending. M/Werner indicated that he had not been made aware of the costs relating to the workshop and withdrew his request to participate in it. C/Ansari also withdrew her request to participate in the workshop. 9. ANNOUNCEMENTS: C/Ansari encouraged the community to support the Diamond Bar library by donating their time and money to the facility. M/Werner welcomed C/Ansari and MPT/Harmony to the City Council. 10. CLOSED SESSION: M/Werner adjourned the meeting to Closed Session at 10:15 p.m. for the purpose of pending litigation, G.C. 54956.9; personnel matters, G.C. 54957.6 or purchase/sale of real property, G.C. 54946.8. Closed Session adjourned to regular meeting at 10:50 p.m. M/Werner announced that the City Council, during Closed Session, moved to terminate legal services with present counsel, effective immediately. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, MPT/Harmony, Werner NOES: COUNCILMEMBERS - Miller, Papen ABSENT: COUNCILMEMBERS - None M/Werner further announced that during Closed Session, the City Council moved to retain the services of Michael B. Montgomery, as interim City Attorney, with an RFP to be sent out at a future date for City Attorney services. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, MPT/Harmony, NOES: COUNCILMEMBERS - Miller, Papen ABSENT: COUNCILMEMBERS - None C/Papen stated the following reasons for her opposition to hiring the Interim City Attorney: Mr. Montgomery has represented plaintiffs against the City in 5 to 9 lawsuits; two Council Members may have a conflict of interest in voting on the retention of Mr. Montgomery because he represents them in private matters that may result in financial gain; Mr. Montgomery has not been a City attorney since 1980; and the proposal does not include a fee schedule. C/Miller expressed concern that the City has hired an interim City Attorney that has not been interviewed and DECEMBER 7, 1993 PAGE 15 has not given a fee schedule for his services. He also expressed concern that many of the decisions made this evening were predetermined. MPT/Harmony pointed out that the cases represented by Mr. Montgomery against the City have proven that he is a good attorney. He also pointed out that there is no conflict of interest because he is not suing anyone, nor seeking damages. He stated that the termination of Mr. Arczynski's services is a result of a lack of confidence because of his unique position. This termination creates an urgency for an attorney to protect the City. 11. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 12:35 a.m. to December 14, 1993 at 7:00 p.m. t LYN BURGESG, C12' erk ATTEST: