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HomeMy WebLinkAbout01/03/1995 Minutes - Regular Meeting2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 3,1995 CALL TO ORDER: 1M/Ansari called the meeting to order at 6:30 p.m. in the AQMD Auditorium, 21865 E. Copley, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Miller. ROLL CALL: Councilmembers Papen, Miller, Harmony, Werner and Interim Mayor Ansari. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, City Engineer; Bob Rose, Community Services Director; James DeStefano, Community Development Director and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: None PUBLIC COMMENTS: Frank Dursa, 2533 Harmony Hill, commented on a letter from the So. Calif. Joint Pole Committee regarding political signs on utility poles. He asked C/Papen to provide proof that C/Harmony wanted to invest City money in Orange County. Don Gravdahl expressed concern over increased charges for residential phone lines by GTE and asked the residents of D.B. to write to GTE opposing these fees. He asked Council to explain the Warrant Register item to reimburse C/Werner for $70.00. Tim Paul, 11269 Ahtena Drive, commented on Landscape District 38 and thanked the Council for their cooperation in the expansion. 4. COUNCIL COMMENTS: C/Miller commented on the selection of the Mayor and clarified that he was not interested in being Mayor. He also commented on the recall signs on utility poles. C/Papen expressed concern regarding two items that she wanted placed on the Agenda and the Interim Mayor vetoed her request regarding the Code of Conduct. She asked for three votes to direct the Multi -Cultural Committee to host a "minority bone marrow donor registration program" within the next 90 days. Council concurred. C/Harmony stated that a lot of changes and reforms are needed to make the City a better government agency. C/Werner wished everyone a happy, healthy and prosperous 1995. He stated that the Ch has established a local form of government that exceeds the minimum levels of service provided prior to incorporation by L.A. County and is doing so at a cost JANUARY 3, 1995 PAGE 2 savings to taxpayers. IM/Ansari directed staff to look into signs placed on utility poles and the charge difference of telephone rates. She thanked C/Papen for discovering that funding was not going to be made available for the HOV lanes. She stated that the Council was united in expressing concern for HOV lanes and, therefore, funding was restored. She also expressed concern that two of C/Papen's items were left off of the agenda. RECESS: IM/Ansari recessed the meeting at 7:05 p.m. RECONVENE: IM/Ansari reconvened the meeting at 7:13 p.m. 4. COUNCIL COMMENTS (CONT'D.) In response to IM/Ansari, CM/Belanger advised that the Closed Session for a personnel matter was placed on the Agenda because of a miscommunication between himself and the City Clerk and was a mistake. i In response to C/Papen, CM/Belanger advised that there was a question as to whether consideration of the appointment of the City Attorney could be placed on the Agenda for discussion. He indicated that he had asked the Interim Mayor for direction and -- she chose not to Agenda the item for this particular meeting. C/Papen questioned the veto power of one Council member over another and stated that in the Council Code of Conduct, there is no mention of one Council member having the power to veto items. IM/Ansari suggested that the Council look into making a policy for future agendized items. 5. REORGANIZATION OF CITY COUNCIL: 5.1 SELECTION OF MAYOR - Nick Anis, 1125 Bramford Court, commented on the issue of reorganization of the Council and the selection of Mayor. He also commented on the behavior of a Council member attacking other Councilmembers and Councilmembers being involved. Ken Anderson asked that the Council make progress on the election of Mayor and Mayor Pro Tem. He also asked that the Council and the community make 1995 abetter year. Joe LaRutta asked the Council to restore the confidence that the community needs by electing a Mayor right away. Dr. Lawrence Rhodes, Fiber Ct., stated that each Council member is capable of holding the job of Mayor. He asked that if the Council cannot elect a JANUARY 3, 1995 PAGE 3 Mayor, then elect a Mayor Pro -Tem. Max Maxwell, 3211 Bent Twig Lane, supported Dr. Rhodes' comments on electing a Mayor Pro Tem if a Mayor is not elected. He suggested that Councilmembers that are not on more than one committee need to be more involved with other committees. Richard Callard, Multi -Cultural Committee, commented on the attacks of the Council. Red Calkins, 240 Eagle Nest, suggested that the community vote for Mayor. If the Council cannot select a Mayor, then each member should take turns monthly being Mayor. Jim Paul, 1269 Ahtena, expressed concern that the City does not have a Mayor. Frank Dursa, 2533 Harmony Hill, stated that C/Harmony received the most votes and should be appointed Mayor. Steve Nelson, 24230 Delta, pleaded with the Council to appoint a Mayor because the City needs leadership. 5.2 SELECTION OF MAYOR PRO TEM - C/Miller nominated, C/Ansari seconded to appoint C/Papen as Mayor Pro Tem. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, Papen, Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 5.1 SELECTION OF MAYOR (CONTD.) - C/Harmony nominated C/Ansari, C/Ansari seconded. With the following Roll Call vote, motion failed: AYES: COUNCIL MEMBERS - Harmony, Ansari NOES: COUNCIL MEMBERS - Miller, MPT/Papen ABSTAIN: COUNCIL MEMBERS - Werner Continued to January 17, 1995. _ ICA/Montgomery advised that the Mayor Pro Tem will preside over the Mayor chair if there is a vacancy of Mayor. C/Harmony moved, C/Werner seconded to appoint C/Ansari as Interim Mayor until the next Council Meeting. With the following Roll Call vote, motion carried: JANUARY 3, 1995 PAGE 4 AYES: COUNCIL MEMBERS - Harmony, Ansari, Werner NOES: COUNCIL MEMBERS - Miller, MPT/Papen ABSENT: COUNCIL MEMBERS - None 5.3 PRESENTATION TO MAYOR GARY H. WERNER - B&Ansari presented a gavel to outgoing Mayor Gary Werner for his leadership during the year and thanked him for his dedication. C/Werner thanked the Council for their support and for his selection as Mayor. 5.4 APPOINTMENT OF DELEGATES AND/OR ALTERNATES TO COMMISSIONS, COMMITTEES AND OTHER AGENCY BOARDS - MPT/Papen asked to be appointed to the City -On -Line Technical Committee to work with the MTA for a possible demonstration project for developing a rideshare program. IM/Ansari asked MPT/Papen to find out more information about the responsibility of that position and asked that this item be continued to the next Council meeting. C/Harmony asked that MPT/Papen work with C/Werner instead of MPT/Papen sitting on that committee. MPT/Papen advised that the MTA is not a City committee. C/Werner stated that he did not see a problem with MPT/Papen working with the COL committee but suggested that committee appointments be continued. IM/Ansari advised that MPT/Papen is authorized to continue exploring the pilot program. Continued to January 17, 1995. 6. SCHEDULE OF FUTURE EVENTS: 6.1 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 9, 1994 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.2 PLANNING COMMISSION - JANUARY 9, 1994 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6.3 COL TECHNICAL COMMITTEE - JANUARY 11, 1994 - 7:00 p.m., AQMD Room 3-5, 21865 E. Copley Dr. 6.4 TRAFFIC & TRANSPORTATION COMMISSION - JANUARY 12, 1994 - 6:30 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. JANUARY 3, 1995 PAGE 5 6.5 CITY COUNCIL GENERAL PLAN PUBLIC HEARING - January 16, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6.6 CITY COUNCIL MEETING - JANUARY 17, 1994 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7. CONSENT CALENDAR: C/Harmony moved, C/Miller seconded to approve the Consent Calendar with the exception of items 7.2 and 7.6. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Miller, Werner, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7.1 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - Regular meeting of November 17, 1994. 7.3 RECEIVED & FILED TREASURER'S REPORT - Month of November, 1994. 7.4 REJECTED CLAIM FOR DAMAGES - filed by Scott Andrew Armstrong and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 7.5 ADOPTED RESOLUTION NO. 95-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PLANS AND SPECIFICATIONS FOR THE PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT PETERSON PARK IN THE CITY OF DIAMOND BAR. MATTERS WITHDRAWN FROM THE CONSENT CALENDAR: 7.2 APPROVED VOUCHER REGISTER - dated January 3, 1995 in the amount of $539,702.50 - C/Mller asked C/Werner if the Chinese Delegation meeting reimbursement of a suit repair in the amount of $10.00, cleaning and a $60.00 necktie replacement was because of the attack by C/Harmony. C/Werner advised that his suit was damaged and the necktie was ruined as a result of C/Harmony's attack on him. C/Miller moved, C/Wemer seconded to pay the $70.00 and deduct this amount from C/Harmony's paycheck. C/Harmony objected to the motion based on it being arbitrary, a political device and not at all true. JANUARY 3, 1995 PAGE 6 ICA/Montgomery advised that reimbursement can be made to C/Werner; however, it cannot be deducted from C/Harmony's paycheck because Council paychecks are set by statute and cannot be modified. C/Miller commented that he had a problem with the City paying for C/Harmony's actions. He withdrew his motion. C/Papen moved, C/Miller seconded to approve the Warrant Register in the amount of $539,632.50 with C/Wernees amount being deducted and acted on as a separate issue. C/Harmony asked staff for an explanation of the Brandman & Associates $7,600 bill. CM/Belanger advised that this bill related to VTTM No. 47850, Diamond Bar Associates, located in the southeasterly corner of D.B. in the Country Estates. C/Miller reported that C/Wemer was acting as Mayor when his suit was damaged by another Council member's assault on him. He asked for an amendment to the motion to include reimbursement to C/Wemer. MPT/Papen felt that C/Wemer's issue should be separate and that C/Wemer should take C/Harmony to small claims court for payment. She advised that she would assist C/Wemer to get his money back from C/Harmony. In response to C/Miller, ICA/Montgomery explained that if the Council determined that reimbursement was a public expenditure, the City would pay it. If it is a personal liability, then it would not be a public expenditure and the Council would not direct that it be paid. MPT/Papen advised that during the Contract Cities Conference in October, three laws were discussed regarding payment by the public for actions by a Council member. She stated that it is totally inappropriate for the City to pay and moved that the matter be tabled for two weeks. MPT/Papen moved, C/ %Mer seconded to approve the Warrant Register in the amount of $539,632.50, with the exception of C/Weme?s $70.00 claim. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved, C/Wemer seconded to approve and pay Gary Werner $70.00 JANUARY 3, 1995 PAGE 7 for damaged clothing. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, IM/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7.6 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR ENDED JUNE 30, 1994 - C/Harmony advised that this matter was withdrawn from the Consent Calendar for CM/Belanger to comment on findings supporting the Moreland Report and his findings regarding lack of audit controls in the City's Finance Department. He felt that the problem is similar to Orange County. In response to IM/Ansar , C/Harmony stated that several "red" flags went up several years ago and similarities with Orange County are that the City has had early management reports of misappropriations. C/Werner moved to include in the record that 1) the audit report was presented as a matter of information and as a control document; 2) and the Council concluded that they noted no matters involving the internal control structure and operations to be material weaknesses as defined. C/Miller stated that there had not been a dime of misappropriated funds by staff of the City and pointed out that the report does not confirm misappropriation of funds. MPT/Papen stated that the City has no money invested in the Orange County fund and that the City's money is available for withdrawal within 24 hours. She also advised that from June 30, 1992, cash reserves went from $9.1 million to November 30, 1994 to $13,678 million, a 50.44% increase. C/Harmony advised that there was a management letter from three years ago pointing out misappropriation of funds. IM/Ansari commented on the amount of monies that the City is bringing in and advised that 1) the City does not go into savings; 2) the City has money in the bank; and 3) the City has less money than what is taken in. C/Werner moved, C/Harmony seconded to receive and file final audit reports for year ended June 30, 1994. Motion carried unanimously. 8. PUBLIC HEARING: None OLD BUSINESS: MVAnsari asked for the consensus of the Council and with the Council's consensus item 9.2 moved forward. JANUARY 3, 1995 PAGE 8 9.2 ORDINANCE NO. 01 (1995): AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING THE EXERCISE OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF LAND, WITHIN THE INCORPORATED BOUNDARIES OF THE CITY, BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - CMBelanger advised that that, at the last meeting, Council discussed becoming a member of the Wildlife Corridor Conservation Authority. Concerns were expressed regarding utilization of eminent domain by the authority on land located within the City. He stated that staff was instructed to prepare an Ordinance that would, in effect, make an eminent domain proceeding initiated by the authority subject to a statutory nullification. This means that, under the agreement, the Authority would notify the City of their intent to use eminent domain and immediately upon the receipt of the notice, the Ordinance would require staff to notify the Authority that the City intends to nullify the eminent domain. The purpose of this would be to schedule a public hearing and take affirmative action to rescind the statutory nullification that is set forth in the Ordinance as it relates to the proposed eminent domain. In effect, it requires the Council to take an affirmative action relating to the proposed eminent domain proceeding. Max Maxwell, 3211 Bent Twig, stated that the City is joining for the publicity and the City will not do anything about it. He also stated that the City is making a mistake by signing the Urgency Ordinance and acting with the Joint Powers Group. He expressed concern that the agreement will eventually control development. C/Werner clarified that the Ordinance was not an effort to circumvent the purpose of the Wildlife Corridor. He felt it was an effort to protect the City's legal authority to exercise eminent domain. The Ordinance was drafted at the suggestion of ICA/Montgomery to try and bridge the gap of concern by stating on the record and in a statutory way, that if the joint powers authority is put into effect, then the exercise of eminent domain via the JPA in the City would have to meet with a vote of the Council. He further stated that, without the Ordinance, the JPA could exercise condemnation proceedings which could include the removal of someone's home. C/Miller moved, C/Werner seconded to adopt Ordinance No. 01(1995): AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING THE EXERCISE OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF LAND, WITHIN THE INCORPORATED BOUNDARIES OF THE CITY BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY. With the following Roll Call vote, motion carried: JANUARY 3, 1995 PAGE 9 AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.1 MEMBERSHIP IN THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY - C/Miller moved, C/Werner seconded to become a member in the Wildlife Corridor Conservation Authority and direct the Mayor to sign the Wildlife Corridor Conservation Authority Joint Powers Agreement. MPT/Papen expressed concern that the Council did not have all of the information such as adoption of procedures, operation policies, budgets, etc. that have already been voted on without the City's input and that she was unaware that the Conservancy was a State Agency. She moved to continue the matter for 30 days to provide Council and staff an opportunity to review all available information. Motion died for lack of a second. C/Harmony asked ICA/Montgomery if the Santa Monica Mountains Conservancy is a full or associate member of the JPA. ICA/Montgomery advised that this is a Conservancy that is formed under State law and becomes a State Agency. C/Werner clarified that the Authority held a formal organizational meeting on December 15, 1994 to adopt by-laws and a budget for postage. He advised that the Corridor is attempting to bring together other cities to protect the last wildlife corridor in the area. C/Miller asked ICA/Montgomery for clarification on statements on "no development on the Santa Ana Mountains" and "persons serving on the Wildlife Corridor must be residents within the Wildlife Corridor." ICA/Montgomery advised that the statement of "no development" means no development and members must be persons living in the communities within which the wildlife corridor is located. C/Werner responded that the principal objective is not to control development but for the communities to save the last wildlife in the Santa Ana Mountains. C/Miller withdrew his motion based on lack of information and an unexplained urgency. C/Harmony stated that the City should get on board and have input into making the by-laws for the Wildlife Corridor. C/Harmony moved, C/Werner seconded to approve membership in the JANUARY 3, 1995 PAGE 10 Wildlife Corridor Conservation Authority. CM/Belanger advised that staff had not received the additional information for the Corridor that the Council referred to. The City is coming into membership a little late and the questions become a matter for the Council as to whether it's imperative that the Council have that information prior to making a decision to be a part of the Authority or whether to become a member of the Authority and get the information that other members have been provided and then being a part of developing subsequent information and policies. ClWerner withdrew his second. C/Papen again expressed concern with joining the agency for $500 but indicated that she was not against supporting the issue but the City would give the group authorization to use the City's name in their endorsements and they have no history. - C/Werner moved, C/Miller seconded to approve a letter of intent to join the JPA, designate a delegate, request clarification of concerns expressed at this meeting, request all documents previously adopted and request that deadlines established by the JPA be extended for 30 days In addition, stay the effect of Ordinance 1(1995) for the same period of time. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, I1VVAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Miller moved to appoint C/Werner to be the delegate to the Wildlife Corridor. C/Wemer declined the appointment. C/Miller moved to appoint MPT/Papen to be the delegate at the Wildlife Corridor. C/Harmony stated that MPT/Papen is not in favor of the JPA and she would not be an appropriate person to serve as delegate. C/Miller moved, C/Werner seconded that IM/Ansari be appointed delegate to the JPA. MPT/Papen moved, lM/Ansari seconded that C/Miller be appointed delegate to the JPA. With the following Roll Call vote, motion carried: JANUARY 3, 1995 PAGE 11 AYES: COUNCIL MEMBERS - Miller, Werner, MPT/Papen, D&Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 9.3 VERBAL REPORT ON AUTHORIZATION TO ENTER INTO SETTLEMENT AGREEMENT WITH DAVID L. ESKRIDGE BY THE CITY ATTORNEY - CM/Belanger recommended approval to issue a draft in the amount of $6,000 to be added to Warrant Register of January 3, 1995 for payment. C/Miller moved, C/Werner seconded to approve entering into a settlement . peemnt in the amount of $6,000 with David L. Eskridge. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Miller, RWAnsari NOES: COUNCIL MEMBERS - M[PT/Papen ABSTAIN: COUNCIL MEMBERS - Harmony 9.4 REQUEST FOR PROPOSAL - MANAGEMENT AUDIT OF ENGINEERING/ PUBLIC WORKS - CM/Belanger recommended that an audit be performed of the Engineering/Public Works Department as a result of the recommendation of the management staff. M[PT/Papen stated that the present consultant provided the City Manager's office with a recommendation on reorganizing the department, comparing the effectiveness and offering recommendations. These recommendations have never been made available to the Council. She felt that all of staffs recommendations should be implemented first. In response to C/Harmony, CM/Belanger reported that the study is estimated at $10,000. C/Harmony stated that he agreed with MPT/Papen and the City is not ready to hire an outside engineering firm based on an outside consultant. In response to C/Wemer, CMBelanger explained that there are a variety of firms in the State that provide management auditing services. He stated that the City would benefit from a department to department audit and that this recommendation was a part of the 1994-95 budget. C/Miller stated that Council was given an option to either have a full-time staff or issue a contract and that this issue just says that an outside firm will give us the same recommendation that staff did. C/Miller moved, M[PT/Papen seconded that the request for proposal for JANUARY 3, 1995 PAGE 12 management audit of Engineering/Public Works be denied. In response to WAnsari, CMBelanger suggested that, if there are any staff implications, then they should be considered in Closed Session. C/Werner moved, C/Harmony seconded to provide a substitute motion that the issue be tabled for 45 days. C/Miller withdrew his motion. With the following Roll Call vote, substitute motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.5 NEIGHBORHOOD TRAFFIC STUDY FOR THE PATHFINDER ROADBREA CANYON RD./DIAMOND BAR BLVD. TRIANGLE AREA - CM/Belanger stated that this issue involves two matters: 1) Council's consideration to undertake a traffic study for this area and, if agreed, undertake the study; 2) Council approve a contract with DKS Associates in an amount not to exceed $11,390 for the study. ICE/Wentz advised that this issue is a follow-up on staffs and residents' concerns regarding traffic at this triangle. He stated that three contract proposals were received for this study. Ken Anderson stated that he did not understand why a study needs to be completed when there are other projects on their way and a study has already been completed. Max Maxwell, 3211 Bent Twig Lane, expressed concem with the traffic coming off of the freeway onto Diamond Bar Blvd. and that the City should not waste the money for a study. CM/Belanger explained that the study would not continence until D.B. Blvd. is complete. He also stated that a left hand turn signal will be installed in the spring. ICE/Wentz reported that the last traffic study completed in this area related to the General Plan. MPT/Papen asked the time -line on the Brea Canyon project, i.e., sidewalk, widening of the road. JANUARY 3, 1995 PAGE 13 CM/Belanger advised that that project is not scheduled until FY 1995-96. C/Harmony agreed that the study should be approved. C/Wemer asked why there is a contingency recommended when the consultant has a well defined scope and budget. ICE/Wentz advised that there is a very specific scope of work and budget and he does not contemplate spending that contingency; however, it would avoid having to come back for additional consideration if there are significant items that the consultant identifies during the evaluation process. C/Werner moved, C/Harmony seconded to award a contract to DKS Associates in an amount not to exceed $9,890 for the neighborhood traffic study for Pathfinder Rd./Brea Canyon Rd./Diamond Bar Blvd. With the following Roll Call Vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, WT/Papen, R&Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.6 DISCUSSION RE: CONDUCT IN THE COUNCIL CHAMBERS - IWAnsari stated that this issue was in regard to the Mission Statement and not actually conduct in the Council Chamber. CM/Belanger stated that this matter was agendized for the purpose of discussing what is referred to now as the "Mission Statement" and to talk about the conduct of those who are present in the Council Chamber during Council meetings. The issue essentially defines Council conduct between themselves, Council conduct interactively with speakers, and speakers with Council. He also stated that it has been brought up in the past that this statement should not be called a "Mission Statement" but "Conduct in the Council Chamber." Dr. Lawrence Rhodes, Fiber Ct., stated that all of the Council Members are in violation of the Mission Statement" and Robert's Rules of Order. Richard Callard, Multi -Cultural Committee, stated that he was a full supporter of the "Mission Statement" being named "Code of Conduct". Max Maxwell, 3211 Bent Twig Ln., suggested adopting the "Code of Conduct" and abiding by the rules. C/Werner asked that an oath be added in the "Code of Conduct" along with a penalty of perjury statement. JANUARY 3, 1995 PAGE 14 C/Harmony requested removal of "not more than 5 persons may address the Council on non -agenda items." C/Miller moved, C/Werner seconded to direct MPT/Papen and IM(Ansari to work together for a new proposal regarding conduct in the Council Chamber. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Werner, Miller, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10. NEW BUSINESS: 10.1 CITY ONLINE CODE OF CONDUCT - Mr. Butzlaff reported that rules and regulations were developed and recommended that Council review and approve the document for all City -on -Line users to adhere to. Richard Callard, Multi -Cultural Committee, suggested that the Code of Conduct be taken off the screen but given a choice to review it. -- Max Maxwell, 3211 Bent Twig Ln., approved of the Code of Conduct for City -On -Line users and if the users abuse it, turn it off to the public. B&Ansari asked how the Code of Conduct would be enforced and what will the parameters be for enforcement. CWBelanger advised that the issue has yet to be reconciled legally and the adoption of the Code of Conduct needs to be done with a caveat. C/Werner stated that the Code of Conduct was a good idea but that he was concerned about how it will be implemented. He also expressed concern on who has the right to terminate City -on -Line. CM/Belanger advised that the only body that would be in a position to terminate the system would be the Council, that no individual staff member would have the right to terminate or suspend City -on -Line. This policy is ready for adoption and, in the short term, it would provide a mechanism for users that have a problem with what is being said or how it's being said and to complain and provide to staff a mechanism for reviewing that complaint. MPT/Papen advised that reinstalling the kill button would help with removing nasty comments, harassments, etc. She also stated that she would approve the Code of Conduct if the kill button was replaced. JANUARY 3, 1995 PAGE 15 CM/Belanger stated that the kill button deleted items in the system. Asst. to CM/Butzlaff stated that the technical explanation is that that was the manufacturer's default and that messages were taken out of sequence. He advised that the kill button was taken out because the general public was deleting messages arbitrarily. C/Hatmony stated that the kill button was used wrongfully and he felt that it is a very undemocratic tool. C/Papen responded that the delete button was in the menu and that if the message was personally addressed to you, it was available to you to kill the message. C/Harmony asked staff if obscenity characters are allowed in City -on -Line. CM/Belanger asked what is obscenity when using obscenity characters. Staff will have to go through the Code of Conduct and it will have to be reviewed at that time. CM/Belanger advised that there are concerns with the "delete" button and to what levels a person can use the button. He stated that the guidelines for the Code of Conduct will be brought back to the Council. C/Papen asked that the procedures be a separate document and that the Code of Conduct stand as it is today. C/Werner moved, MPT/Papen seconded to approve the City -on -Line Code rf Conduct with the means of implementation and reinstitution of the "delete" buttrn. Witte .the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Mller, Werner, MPT/Papen, WAnsari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 10.2 PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES WITH CHARLES ABBOTT & ASSOCIATES - CM/Belanger reported that this was to ratify a decision that the Council made at the time of budget approval which was to continue with the contract for engineering services with Charles Abbott & Associates. The contract is a "no term contract" but an "at will" contract with a 15 -day notice provision. C/Miller moved, MPT/Papen seconded to approve the professional services agreement for engineering services with Charles Abbott & Associates and JANUARY 3, 1995 PAGE 16 remove the title "Interim." With the following Roll Call vote, motion carried unanimously. AYES: COUNCIL MEMBERS - Harmony, Miller, Werner, MPT/Papen, IM/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 3. PUBLIC COMMENTS (CONT'D.): Ken Anderson commended the Council for a professional meeting. He asked that a Mayor be selected at the next meeting and asked that the General Plan be approved to get the City on its way. Richard Callard, Multi -Cultural Committee, commented on a December letter to the Windmill attacking the Multi -Cultural Committee. 11. ANNOUNCEMENTS: None 12, CLOSED SESSION: Adjourned to Closed Session at 10:50 p.m. for personnel matters (Government Code Section 54957.6) - Consideration of appointment of City Attorney. Reconvened from Closed Session at 11:15 p.m. with no reportable action taken by the Council. 13. ADJOURNMENT: There being no further business to discuss, IM/Ansari adjourned the meeting at 11:15 p.m. LY&DABbjnE S :sty Clerk ATTEST: Interim Mayor