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HomeMy WebLinkAbout02/15/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 15, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:00 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 Mayor Werner. ROLL CALL: Mayor Werner, Mayor Pro Tem Harmony, Council Members Ansari, Miller and Papen. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. None 3. PUBLIC COMMENTS: M/Werner read the proposed Mission Statement of the City Council. �! Joe McManus, 23561 E. Coyote Springs Dr., in regard to lawsuits filed regarding the destruction of one of Mr. Harmony's political signs, stated that property owners are fed up with politicians placing signs on their property without permission because it falsely implies the support of that candidate. He then cited quotes taken directly from past meetings that indicate that the new majority supporters are being allowed to exercise their first amendment rights without recrimination or redress, but those in disagreement with the majority have not been granted the same privilege. He restated his opinion that ICA/Montgomery has a conflict of interest representing the City. Red Calkins suggested that the Mission Statement would have been more appropriate if it had been presented last year when C/Miller and C/Papen were being constantly criticized. The Mission Statement presented at this time seems intended to restrict citizens the right to speak. Don Gravdahl, 23988 Minnequa, stated that the Citizens Committee to fight the City of Industry's Material Recovery Facility (MRF) needs to be organized quickly. He then stated that the Traffic & Transportation Commission held a public hearing regarding crossing guard services at elementary schools. The presentations made by the public were outstanding. He suggested that the Council award certificates to the four students who wrote essays regarding the importance of safety. Don Schad thanked ICA/Montgomery for his input at the FEBRUARY 15, 1994 PAGE 2 Planning Commission meeting regarding the draft Property Maintenance Ordinance. He suggested that a painted crosswalk be added to the southern side of Gerndal St. for safe crossing of residents to get to Albertson's. He also suggested that deer crossing signs be installed on the east and west sides of the two water reservoirs on Pathfinder, west of Brea Canyon Road. He further suggested that the City pursue enticing the Southwest Museum, as well as encourage the Youth Science Center, presently located in Hacienda Heights, to relocate in the City. He thanked MPT/Harmony for developing Sidewalk City Hall. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., pointed out that Council Comments are almost as lengthy as Public Comments, if not more so. She expressed concern that there are Council Members trying to restrict her freedom of speech through intimidation. Oscar Law stated that, though the General Plan Advisory Committee consists of individuals well representing the City, those members who are not residents of D.B., such as the developer's representatives, should not be allowed to have a vote on General Plan issues. M/Werner pointed out that the composition of GPAC was publicly announced prior to its formation. He then requested staff to present the Council with a status report on GPAC for the next meeting, and schedule a discussion addressing the issue of the composition of GPAC. C/Papen stated that it is inappropriate to begin questioning the rules that were established by GPAC 60 days ago. The Council should support GPAC and not respond to one complaint after GPAC has already met for three meetings. She pointed out that the General Plan will be further reviewed and revised by the Planning Commission and the Council. Following discussion, it was agreed to place the item on the next agenda as indicated by M/Werner, with concurrence that the General Plan process should be open for re-examination at any given point in time. Steve Nice, 2621 Rising Star Dr., a member of GPAC, stated that he feels Commissioners on the GPAC should not be voting members of the GPAC. y` 4. COUNCIL COMMENTS: C/Ansari reported that she, MPT/ Harmony, and ACM/Usher met with the Chamber of Commerce to attempt to promote business in D.B. She also reported that the City Council was invited to meet with the Walnut Council Members on February 22, 1994 to discuss the City FEBRUARY 15, 1994 PAGE 3 of Industry's MR: appoint members days. She then Bar Association ICA/Montgomery. P. She announced that the Council would to the MRF committee in the next few suggested that Mr. McManus contact the to express any concerns regarding C/Papen requested staff to deliver certificates of appreciation from the Council to the four essay winners at Quail Summit Elementary School regarding the funding of crossing guards. She then reported that the Metropolitan Transit Authority (MTA) voted to fully fund the four year project for 85 miles of carpool lanes, in which 43.6% of the $316 million allocated will be directed to the San Gabriel Valley. She then presented slides of the proposed project. She acknowledged the following people who assisted in this accomplishment: Congressman Kim; M/Werner; C/Miller; John Forbing; Dexter MacBride and Don Nardella. MPT/Harmony expressed concern that the Fire Department's response time to a call involving an explosion in D.B. took 9 3/4 minutes. He requested a report for the next meeting. CM/Belanger reported that th explained that the reason i was that at the time of the process of moving some of Walnut for a planned drill. a L.A. County Fire Department or their slow response time explosion, they were in the their units to the City of MPT/Harmony expressed support for maintaining crossing guards at all of the schools, stating that D.B.'s higher standards should be utilized, not the County's or State's warrants. He commended Mr. Chavers and Mrs. Cheng, of the Traffic & Transportation Commission, for voting against the suggestion to apply County standards for warrants for crossing guards. He then expressed opposition to the proposed project to stripe Grand Ave. for six lanes and requested that the item be highly noticed when presented to the City Council. He reported that the City On-line computer system, which was supposed to be a completely volunteer system, has cost the City approximately $16,000. He asked that the City Council form a study committee of computer specialists to determine if the system is worth maintaining. He stated that the most common comment received at the Sidewalk City Hall is that there should be less bickering and more business on the City Council; therefore, he stated that he will be proposing that an Ethics and Elections Reform Committee be formed to help address the problems clouding the City. In response to Mr. Schad's suggestion regarding the possibility of locating a museum in the City, he stated that he would support the idea. He then requested staff to ensure that all Commission meeting minutes be presented to the Council as promptly as FEBRUARY 15, 1994 PAGE 4 possible. M/Werner reported that staff had been requested to secure the assistance of consultant Dale Beland in facilitating GPAC discussions and review. He requested the Finance Subcommittee to investigate the purchasing authority of the City Manager and provide a recommendation. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PANTERA PARK WORKSHOP - February 17, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.2 PRESIDENT'S HOLIDAY - February 21, 1994 - City Offices Closed. 5.3 GENERAL PLAN ADVISORY COMMITTEE - February 22, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.4 PARKS & RECREATION COMMISSION - February 24, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5.5 PLANNING COMMISSION - February 28, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING - March 1, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: M/Werner moved, seconded by MPT/Harmony, to approve the Consent Calendar. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/ Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED VOUCHER REGISTER - Dated February 15, 1994 in the amount of $266,788.70. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 REGULAR MEETING OF NOVEMBER 8, 1993 - Received & filed. 6.2.2 REGULAR MEETING OF NOVEMBER 22, 1993 - Received & filed. 6.2.3 REGULAR MEETING OF DECEMBER 13, 1993 - Received & filed. 6.3 TRAFFIC & TRANSPORTATION COMMISSION: 6.3.1 REGULAR MEETING OF AUGUST 12, 1993 - Received & filed. 6.3.2 REGULAR MEETING OF SEPTEMBER 9, 1993 - Received & filed. 6.3.3 REGULAR MEETING OF OCTOBER 14, 1993 - Received & Filed. 6.3.4 REGULAR MEETING OF NOVEMBER 18, 1993 - Received & filed. FEBRUARY 15, 1994 PAGE 5 6.5 REJECTED CLAIM FOR DAMAGES - Filed by Rosalinda Quesada on January 24, 1994 - rejected the request and referred the matter for further action to Carl Warren & Co., the City's Risk manager. 6.6 MEMBERSHIP OF THE CITY OF WEST HOLLYWOOD IN THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (SCJPIA) - approved membership of the City of West Hollywood in the SCJPIA and authorized C/Miller to execute the consent form as the City's delegate to the Authority. 6.7 ADOPTED RESOLUTION NO. 94-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE HOUSEHOLD HAZARDOUS WASTE NONDISCRETIONARY GRANT PROGRAM - for reimbursement of funds associated with the establishment and implementation of household hazardous waste programs in FY 1992-93. 6.8 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION AT PATHFINDER ROAD AND BREA CANYON ROAD - accepted work performed by Macadee Electrical Construction and authorized the City Clerk to file the proper Notice of Completion and release retention amounts per previously approved plans and specifications. 7. PUBLIC HEARINGS: 7.1 ORDINANCE NO. 01 (1994) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS - Dennis Tarango, Building Official, reported that, in the process of adopting the 1991 Uniform Building Codes, all L.A. County Codes were repealed, along with Chapter 99 (Building & Property Rehabilitation). To replace Chapter 99, the City's Uniform Housing Code was adopted; however, in the past two years, the City has experienced various property maintenance -type violations. He felt that the re -adoption of Chapter 99 would consolidate the sections on Substandard Buildings, Substandard Conditions and Substandard Property, and vehicle abatement to address recent complaints filed with the Code Enforcement Office. He stated that the Planning Commission recommended that the re -adoption of the FEBRUARY 15, 1994 ordinance maintenance completes maintenance PAGE 6 could serve as an interim property standard until the Planning Commission deliberations on the new Property Ordinance. CDD/DeStefano, in response to C/Miller, explained that the Planning Commission reviewed the latest draft of the Property Maintenance Ordinance, directing staff and ICA/Montgomery to refine the ordinance further, to be brought back before the Commission at their February 28, 1994 meeting. The Planning Commission's review is almost complete. M/Werner opened the Public Hearing. Bob Zirbes, Diamond Bar Improvement Association (DBIA), suggested that the Council may want to adopt Chapter 99 permanently as part of the Building Code, with some amendments, to address issues regarding substandard properties; however, Chapter 99 would not be effective for the enforcement of property maintenance violations. There being no further testimony offered, M/Werner closed the Public Hearing. C/Papen moved, C/Miller seconded to table the matter for 60 days, or until such time that the Property Maintenance ordinance is before the City Council. C/Papen concurred with Mr. Zirbes that some of the standards in Chapter 99 are subjective and difficult to enforce. The City does not need to re-establish County standards when those standards did not meet the needs of the City prior to incorporation. She stated that it is not appropriate to adopt Chapter 99 when the City has been working on developing a Property Maintenance Ordinance for over a year. She requested that the matter be tabled. MPT/Harmony stated that the adoption of Chapter 99 would serve as an additional tool for the City, until such time that the Property Maintenance Ordinance is completed. There is no harm in putting a Building Code type ordinance into effect. C/Miller stated that since the Property Maintenance Ordinance is almost complete, and Chapter 99 would be difficult to enforce, it would seem more appropriate to table the item. M/Werner pointed out that enforcement of the provisions of Chapter 99 was never really pursued FEBRUARY 15, 1994 PAGE 7 because it was only in place for about one year before it was repealed upon the adoption of the Uniform Building Code. He stated that staff indicated, in the staff report, that the City has experienced severe property maintenance problems, and there is no harm in re -adopting Chapter 99 to give staff the opportunity to begin to initiate proceedings. If the Property Maintenance Ordinance is brought before the City Council in 30 days, as anticipated, then Chapter 99 is moot; if it is not brought before the City Council as anticipated, then the City has the provisions in place to begin enforcement proceedings to address these problems. He also pointed out that, the majority of the time, the City receives cooperation from an alleged violator when the issue is brought before the District Attorneys Office for a conference. C/Miller stated, as was noted by Mr. Zirbes, CC&R's will resolve 95% to 99% of the cases; however, the problems of enforcement arise from the small percentage that do not respond and Chapter 99 will not accomplish this goal. He stated that the City should work with a document, such as the Property Maintenance Ordinance, that will accomplish the goals desired. C/Ansari expressed support for adopting Chapter 99 as an interim ordinance to give the City some leverage. C/Papen questioned why the Council would want to adopt an ordinance that is unenforceable. She pointed out that giving the Code Enforcement Officer citation authority would accomplish more than this ordinance. She suggested that if the Council is considering adopting this ordinance as an interim measure, then a sunset clause should be added upon its adoption. She noted that the message being give to the Planning Commission and those who worked at preparing the PMO, is that Chapter 99 is more important and there is no hurry to finish review of the PMO. C/Ansari concurred that a time limit on the interim ordinance would be appropriate. C/Papen withdrew her motion, to table the matter for 60 days, or until such time that the Property Maintenance Ordinance comes before the Council. C/Miller withdrew his second. C/Papen moved, C/Miller seconded to adopt Chapter 99 on an interim basis for a period of 120 days, to include waiving of further reading. FEBRUARY 15, 1994 PAGE 8 CM/Belanger stated that, if so deemed by the City Council, a provision would be appropriately placed in the ordinance to indicate that there is a termination period of 120 days from the effective date of its adoption. C/Harmony questioned if adding a sunset clause diminishes the effectiveness of enforcement of the ordinance. CM/Belanger explained that violations enforced under Chapter 99 during the period prior to the adoption of the PMO would continue to be enforced under Chapter 99. CDD/DeStefano, in response to M/Werner's inquiry if the Planning Commission would be able to complete review of the PMO and then bring it for Council consideration within 120 days, stated that it is the desire of the Planning Commission to complete their review prior to the end of their terms, and they appear to be meeting this goal. MPT/Harmony inquired if information regarding Low Cost Grant Programs/Home Improvement Loan Programs will be presented along with the PMO. ACM/Usher reported that staff attended a meeting with L.A. County Community Development Commission staff regarding the use of federal home funds, through HUD funding programs, for residential single-family property rehabilitation. It is expected that the City will propose to participate in the County's home programs. CM/Belanger stated that staff will also be preparing, for Council consideration during the budget preparation period, a more flexible program to address those needing assistance, but would not meet the strict requirements under federal funding for single-family property rehabilitation. C/Papen moved, C/Miller seconded to approve for first reading by title only, waive full reading of Ordinance No. 01(1994) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.30 (HOUSING CODE) OF THE DIAMOND BAR CITY CODE, AS HERETOFORE ADOPTED, ADDING A NEW CHAPTER 15.30 TO THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE BUILDING AND PROPERTY REHABILITATION CHAPTER 99 OF TITLE 26 OF THE THE LOS ANGELES COUNTY BUILDING CODE, 1988 EDITION TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS, and adding a FEBRUARY 15, 1994 PAGE 9 8. VP Grandfather clause of 120 days. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Papen, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OLD BUSINESS: None NEW BUSINESS: 9.1 RESOLUTION NO. 94-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS - CM/Belanger reported that the San Gabriel Valley Assn. of Cities and the San Gabriel Valley City Manager's Assn. proposed the formation of a Council of Governments (COG) to provide cities in the Valley a regional organization for cooperative planning of govern- ment services, and to assist in the coordination of federal, state and regional projects and/or mandates. Terry Dipple, President of the San Gabriel Valley Assn. of Cities (SGVAC) and Mayor of San Dimas, stated that the SGVAC, in order to be proactive, took on the responsibility of preparing a sub -regional plan to be part of the SLAG Regional Comprehensive Plan. The sub -regional plan for the S.G. Valley was adopted and submitted to SCAG and includes economics, air quality, transportation, housing, etc. He stated that cities do not desire to give up local control and powers to some regional government or higher authority. The Council of Governments (COG) will be an organization to allow each city in the S.G. Valley to have representation on the governing board, rather than the association, leaving local control issues with each city; however, issues such as transportation, that span the city boundaries, will need to be addressed on a regional issue. He stated that the following cities have approved the resolution and the Joint Powers Agreement (JPA): Alhambra, Claremont, Covina, Duarte, Glendora, La Verne, San Marino, Temple City and Walnut. The following cities are considering the resolution this week: Arcadia, Baldwin Park, Bradbury, Monrovia and South Pasadena. He then stated that, if COG is formed by receiving support from a majority of the cities, most of the funding for COG for the first year will be coming from a federal grant to do the sub -regional plan. FEBRUARY 15, 1994 PAGE 10 In response to M/Werner, Mr. Dipple stated that if COG is formed, the SGVAC would not remain intact because there is no need for duplication. He explained that COG must have the majority of the cities (50% plus one) at all times in order to be recognized by SCAG to participate in the process. He pointed out that cities may withdraw from the organization if it is felt that the dues are too high or if no benefit is being received. He stated that the current dues charged by other COGS average approx-imately $5,000 to $10,000 per city. C/Papen expressed support for formation of COG, and her appreciation for the efforts of Mr. Dipple. Gary Neely, 344 Canoe Cove, pointed out that COG is the first step toward regional government, perhaps not at this point, but definitely a potential one in the future. He suggested that the SGVAC be reorganized so that each city has a vote, enabling the SGVAC to better perform, which is preferable to giving power to a new organization with no agenda specifying goals and objectives. Mr. Dipple pointed out that cities would not vote to put a representative of their city on COG if they felt that they would be losing representation. He also pointed out that basically SGVAC is being reorganized and renamed, and is now becoming a legal entity. He explained that the State and Federal Government regional agencies do not recognize inforulal organizations, thus COG will be a more effective voice for S.G. Valley cities in dealing with SCAG and other mandates. In response to M/Werner, Mr. Dipple stated that there is no intent to hire a big staff for COG immediately, without first establishing the goals and objectives. He stated that SCAG approved a work program to update the sub -regional plan in the upcoming 18 months. C/Ansari, representative on the San Gabriel Valley Cities Assn., expressed support of forming a COG because it will be a stronger political voice for S.G. Valley Cities. MPT/Harmony, alternate representative on the San Gabriel Valley Cities Assn., stated that the S.G. Valley cities need to band together to become an effective legal force. C/Papen suggested that since the two current delegates of the SGVAC are newly appointed Council Members, it may be appropriate for the Mayor to be FEBRUARY 15, 1994 PAGE 11 9.2 one of the delegates in this first year as they are forming their authorities. C/Papen moved, MPT/Harmony seconded to approve the Joint Powers Agreement establishing the San Gabriel Valley Council of Governments and authorize the Mayor to execute the same on behalf of the City. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Papen moved, C/Miller seconded to adopt Resolution No. 94-08 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ADDITIONAL CITY OFFICE SPACE AND LEASE MODIFICATION - CM/Belanger reported that the City indicated to D.B. Business Associates an interest in leasing Suite 190 through the end of the lease term date of June 30, 1994. The lease modification would result in an additional monthly payment of $1,625.93/mo. for the nine months. He stated that the Council, in anticipation of this additional cost, approved approximately $150,000 in the November 1993 budget amendment for this lease adjustment. MPT/Harmony requested staff to prepare a study determining the feasibility of buying a facility and/or if there are cheaper facilities that could be leased in some future time. CM/Belanger, in response to C/Ansari, explained that Suite 190 is currently occupied and will continue to be occupied by City Planning and Engineering services. C/Papen requested clarification on the cost of leasing per square feet of office space. CM/Belanger explained that the City is currently renting Suite 100, which is 3,854 sq. ft., for a total of $6,667.67/mo.; and Suite 190, which is 3,171 sq. ft., for a total of $5,707.80/mo. The cost to rent both office space totals approximately FEBRUARY 15, 1994 PAGE 12 $145,000 a year. C/Papen pointed out that contractors usually pay for their own office expenses, which is factored into the percentage to the City. CM/Belanger, at the request of M/Werner, explained that when Pacesetter ceased operations at the end of October 1993 due to overhead costs, the City secured interim services, and eventually secured permanent services following an RFP. The RFP did not require any of the proposers to lease the office space, which tends to be the way contracting of this type occurs. MPT/Harmony pointed out that if all bidders had to include the cost for leasing, then all bids would have included that additional cost. CM/Belanger pointed out that the City has saved approx-imately $25,000 to $30,000 on an annualized basis with the new contractor versus the old contractor who paid the leasing costs; therefore, the cost to the City remains the same. — C/Papen pointed out that the City is now assuming the liability and the risk under the new contract. She expressed concern that the philosophy regarding leasing was changed in the RFP without sufficiently advising the entire Council of that change before the RFP went out. CM/Belanger stated that the City was already renting 2/3 of the space and it seemed appropriate to rent the entire space when Pacesetter left. Gary Neely suggested that the City investigate the possibility of moving City Hall to the AQMD Building, particularly in light of the announcement that they were letting go of approximately 1,000 positions. Oscar Law concurred that it would seem feasible for the City to consider obtaining a parcel of land within the corporate center for City Hall purposes. MPT/Harmony moved, C/Ansari seconded to approve the modified lease agreement between the City and Diamond Bar Business Associates relating to City -- office space; and to direct staff to conduct a study on a future City Hall site. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Papen, Miller, Ansari, MPT/Harmony, M/Werner FEBRUARY 15, 1994 PAGE 13 NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 COMMISSION APPOINTMENTS: M/Werner requested staff to prepare City Tiles recognizing out -going members of the Commission, for their service to the City of Diamond Bar. 9.3.1 PLANNING COMMISSION - APPOINTED FIVE NEW COMMISSIONERS - C/Miller reappointed Bruce Flamenbaum; C/Ansari appointed Franklin Fong; C/Papen reappointed Lydia Plunk; MPT/Harmony appointed Don Schad and M/Werner reappointed David Meyer. 9.3.2 PARKS & RECREATION COMMISSION - APPOINTED FOUR NEW COMMISSIONERS - C/Papen reappointed Joe Ruzicka; C/Miller reappointed Raul Medina, C/Ansari appointed David Schey and M/Werner reappointed Michael Goldenberg. MPT/Harmony stated that his appointee indicated that he was unable to serve; therefore, he will continue to accept -- letters of interest and announce his j nominee at the first meeting in March, 1994. 9.3.3 TRAFFIC & TRANSPORTATION COMMISSION - APPOINTED FIVE NEW COMMISSIONERS - M/Werner reappointed Todd Chavers; C/Miller reappointed Don Gravdahl; C/Ansari appointed Jack Istik; C/Papen reappointed Lou Esposito and MPT/ Harmony appointed Tom Ortiz. 9.4 MATTER OF REQUEST FOR INFORMATION FROM FORMER CITY ATTORNEY - MPT/Harmony requested an update regarding his request for missing documents relating to the ownership of Sandstone Canyon requested from the former City Attorney. ICA/Montgomery reported that Mr. Arczynski indicated that he did not have the documents because they were returned to C/Miller. Though C/Miller has offered twice to review the records with him, he stated that he declined the offers because the content of the material presented was not what was being sought from Mr. Arczynski. ICA/Montgomery further reported that he received a copy of an opinion from Mr. Owen, who is associated with Mr. Hemple, indicating that, in his opinion, the matter should be concluded at this point because the document is not necessarily of public record and unavailable. He further stated that he FEBRUARY 15, 1994 PAGE 14 will discuss the matter further with Mr. Owens to resolve two points of clarification regarding the determination of a public record. He then stated that it is a policy decision of the City Council as how to proceed. MPT/Harmony suggested that Mr. Owen be asked to attend a study session before next Council meeting to give an opinion whether documents reviewed by the City Attorney become public record, as well as an opinion regarding attorney/client privilege relating to a Council Members. C/Papen, desiring to expand the interest of review of attorney/client privileges, expressed her opinion that attorney/client privilege, as it affects the attorney as well as the client, should be open for review. ICA/Montgomery, responding to C/Papen, explained that a specific provision of the FPPC requires an attorney not to disclose the name of the clients for the protection of the clients and the fees paid. He also explained that contributions to the -- Concerned Citizens was the value of the legal services contributed at that time, which must be disclosed. C/Miller pointed out that he has offered the documents to ICA/Montgomery for review. ICA/Montgomery stated that the issue at this point is not the documents, but to resolve whether or not the documents are public record. He stated that since any information he receives would have to be relayed to others, he does not desire to review the documents offered by C/Miller. C/Harmony suggested that this item be held over to the next meeting to allow the attorneys to resolve some of the issues at hand and offer an opinion. City Council concurred. C/Papen, referring to a letter to the editor in Monday's paper, stated that perhaps the City should consider hiring the L.A. County Ethics Commission to review this issue, as well as the issue regarding ICA/Montgomery's possible conflict of interest. 10. ANNOUNCEMENTS: C/Papen requested further information regarding the details of forming the Cultural Human Resources Commission. FEBRUARY 15, 1994 PAGE 15 MPT/Harmony suggested that the item be placed on the next agenda, allowing each Council Member to suggest appointees to the committee. CM/Belanger suggested that Council Members submit names to staff so a list can be prepared for the March 1, 1994 meeting. C/Papen suggested that it may be more appropriate to put the language of the City's Code of Conduct on the Public Comment sign up sheet rather than putting the Mission Statement on the agenda. C/Ansari requested that the meeting be adjourned in memory of Jerry Boling. 11. CLOSED SESSION: Adjourned to Closed Session at 10:23 p.m. for discussion of Litigation - Government Code Section 64956.9 - Diamond Bar Associates vs. City. Reconvened to Regular Session at 11:15 p.m. ICA/Montgomery announced that there was no reportable action taken. 12. ADJOURNMENT: With no further business to conduct, the meeting was adjourned at 11:16 p.m., in memory of Jerry Boling. LYNDA BURGESS -,-City Clerk ATTEST: