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HomeMy WebLinkAbout02/07/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 7, 1995 1. CALL TO ORDER: M/Papen called the meeting to order at 6:35 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 Pro Tem Werner. ROLL CALL: Council Members Ansari, Harmony, Miller, Mayor Pro Tem Werner and Mayor Papen. Also present were Terrence L. Belanger, City Manager, Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; George Wentz, City Engineer; run DeStefano, Community Development Director; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES: 2.1 INTRODUCED SENIOR VOLUNTEER PATROL MEMBERS 2.2 PRESENTATION OF COMMENDATION - to David Schey for his service on the Parks & Recreation Commission. Continued to February 21, 1995. 3. PUBLIC COMMENTS: Stephen Britt, Chairman of the D.B. Citizen Technical Sub -Committee for the MRF Project, requested that the City honor the D.B. Country Club and Casa O'Brien's Restaurant for providing a meeting place, beverages and service to Committee members during review of the environmental impact report. Jason House and brothers, 2536 Harmony Hill Dr., submitted a petition containing 360 signatures from students requesting Roller Hockey be included in the Parks & Recreation program. MPT/Werner advised that Roger Skinner, Principal of Chaparral Middle School, was coordinating with staff for preparation of a Roller Hockey program. Mr. House advised that the school Roller Hockey program is for the students, not for the general public. C/Ansari supported making Roller Hockey a regular activity of the Parks & Recreation program. CM/Belanger advised that Pantera Park Phase I includes space for a Roller Hockey rink and that there are plans to construct a rink at the Sunset Crossing cul-de-sac. CSD/Rose advised that the spring recreation brochure will include Roller Hockey. FEBRUARY 7, 1995 PAGE 2 M/Papen referred the petition to the Parks & Recreation Commission and requested that Roller Hockey be a part of the summer program. Red Calkins, 240 Eagle Nest Dr., asked for clarification regarding the Council Meeting Rules and stated that the Traffic & Transportation Commission is very polite and professional during their meetings. M/Papen asked ICA/Montgomery if a Council Member could be expelled from the meeting for unruly behavior. ICA/Montgomery stated that any member in the auditorium is a citizen and subject to the same rules. Don Schad, 1824 Shaded Wood Rd., commented on the traffic on D.B. Blvd. due to the opening of Grand Ave. and the wildlife affected by the tra`ric. He suggested that a toll gate be installed at Grand Ave. from Chino Hills. 4. COUNCEL COMMENTS: C/Hannony announced that Sidewalk City Hall started once again on Saturday, February 5, 1995. He stated that the Council Meeting Rules are too restrictive for the operation of Council meetings. He also -- commented on the financial findings report and submitted it as a public record. C/Ansari announced that the Business Retention Group met with various businesses in the community to discuss their needs. She advised that networking had begun with other cities regarding business, transportation, etc. She also announced that on Sunday, April 2, 1995 the Friends of the Library will host a wine tasting event at Generations Restaurant, 2:00 p.m. Tickets are available for $20.00. C/Miller announced the Chamber football game score was 28-14 with the City of Walnut winning. M/Papen announced that on Saturday, February 11, 1995, the D.B. Chinese Assn. will celebrate their New Year's Festival at D.B. High School, 10:00 a.m. - 1:00 p.m., with free admission. She also announced that on Saturday, February 18, an African-American Cultural Day Fair will be held at Heritage Park, 11:00 a.m. - 6:00 p.m. She stated that she met with the Ministerial Assn. and it was suggested that the Council consider putting prayer back on the agenda and asked the Council for any objections. She advised that the new Council Meeting Rules were submitted to each Council Member prior to the meeting and no comments had been received. She requested that on the next Council Agenda, a motion of censorship be approved against C/Harmony in response to the continued public allegations that he makes. MPT/Werner and C/Harmony objected to placing prayer on the Agenda. C/Ansari advised that staff had a hard time getting ministers to come to Council FEBRUARY 7, 1995 PAGE 3 meetings to perform invocations. MPT/Werner requested that the Council Meeting Rules be placed on the Agenda. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CITY -ON-LINE TECHNICAL ADVISORY COMMITTEE - February 8, 1995 - 7:00 p.m., City Hall Conference Room, 21660 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - February 9, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION MEETING - February 13, 1995 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL GENERAL PLAN HEARING - February 13, 1995 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 PRESIDENTS HOLIDAY - February 20, 1995 - in observance, City Offices will be closed. Will reopen February 21, 1995. 5.6 CITY COUNCIL MEETING - February 21, 1995 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 PARKS & RECREATION COMMISSION - February 23, 1995 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Miller moved, MPT/Werner seconded to approve the Consent Calendar with removal of items 6.8, 6.9 and 6.13. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansan, Harmony, Miller, MPT/Werner, M/ Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVAL OF MINUTES: 6. 1.1 Regular meeting of December 6, 1994 - approved as submitted. 6.1.2 Special meeting of December 19, 1994 - approved as submitted. 6.2 Parks & Recreation Meeting Minutes - Regular Meeting of December 15, 1994 - Received and filed. 6.3 Approved Voucher Register dated February 7, 1995 in the amount of $940,033.94. 6.4 Reviewed and approved Treasurer's Report for December, 1994. 6.5 Rejected Claim for Damages filed by Liberty Mutual Insurance Company on January 11, 1995 and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. FEBRUARY 7, 1995 PAGE 4 6.6 ADOPTED RESOLUTION NO. 95-05: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF HANDICAP ACCESS RAMPS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.7 ADOPTED RESOLUTION NO. 95-06: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AUTHORIZING AND DIRECTING THE CITY CLERK, ON BEHALF OF THE CITY OF DIAMOND BAR, TO ACCEPT THE OFFERING OF THE EASEMENT DEEDS LOCATED ON SHADOW CANYON DRIVE AT DIAMOND BAR BOULEVARD AND DIRECT THE CITY CLERK TO RECORD THE EASEMENT DEEDS. 6.10 APPROVED ADDENDUM TO THE AGREEMENT FOR SALES TAX AND INFORMATION SERVICES - Hinderliter, De Llamas & Assoc. to provide sales tax audit and information services. 6.11 AWARDED CONTRACT FOR PURCHASE AND INSTALLATION OF A PICNIC SHELTER AT PETERSON PARK - to Bill Theo Construction Co., —� the lowest responsive bidder, for construction of a picnic shelter at Peterson Park in the amount of $14,399, plus an additional amount not to exceed $721 to serve as a contingency. 6.12 CONFIRMED SELECTION OF GARY H. WERNER AS MAYOR PRO TEM.. 6.14 PURCHASE OF PROPERTY - approved and ratified the City's prerogative to acquire subject property through first right -of -refusal, pursuant to California Revenue & Taxation Code and approve the expenditure of $8,040, plus related costs. Said property is utilized as a neighborhood "pocket park" adjacent to Summit Ridge Park and is maintained by Landscape Maintenance District No. 39. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 REQUEST FOR PROPOSAL FOR DIAL -A -CAB SERVICES - CM/Belanger reported that pursuant to Council's request on December 19, 1994, a Request for Proposal for Dial -A -Cab services to replace current Dial -A -Ride services was created for transportation services for senior citizens and the physically challenged. C/Harmony moved, C/Ansari seconded to approve the Request for Proposals for Dial -A -Cab services. With the following Roll Call vote, motion carried: FEBRUARY 7, 1995 PAGE 5 AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, M[PT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.9 REQUEST FOR PROPOSAL FOR RECREATION SERVICES - In response to C/Harmony, CM/Belanger explained that the proposed contract is for one year and that for the past three years, the City of Brea has contracted with D.B. to provide recreation services. He commended Brea on their high quality service and professional conduct. C/Harmony moved, C/Ansari seconded to direct staff to dispense with the RFP process and negotiate with the City of Brea for a contract to provide recreation services. Further, staff was directed to complete a proposal for provision of recreation services with in-house staff. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Mller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.13 APPROPRIATION FOR CONTRACT CITIES ASSN. DINNER - WT/Werner asked why the cost is $3,200 when C/Harmony requested $2,000 and expressed concern that there is no breakdown of monies expended. CM/Belanger reported that this is an estimated amount for providing dinner and that the breakdown for meals is $2,500 for 125 people with the balance for incidentals. C/Miller stated that C/Harmony suggested $2,000 would be a maximum for this hosted dinner and asked C/Harmony why this amount is now $3,200. C/Harmony stated that he is not involved with the dinner and that they should ask the Mayor. M/Papen advised that C/Harmony is the City s representativ-, and it was his invitation for the dinner. She explained that 125-150 elected officials are expected to participate and coffee mugs will be given. C/Ansari advised that she attended the planning meeting for this dinner because C/Harmony was not available. C/Harmor y moved, C/Ansari seconded to approve the expenditure of $3,200 for hosting of the California Contract Cities Assn. dinner on February 15, FEBRUARY 7, 1995 PAGE 6 1995. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARING: None OLD BUSINESS: 8.1 WILDLIFE CORRIDOR - C/M filer reported that he attended a meeting on January 18 as the City's delegate and the City's proposed changes to the agreement were acceptable to the other cities except changes to Section 3.2. Don Schad, 1824 Shaded Wood Rd., advised that he was also in attendance at that meeting and requested that the Council approve the JPA quickly in order to preserve wildlife areas. Max Maxwell, - 3211 Bent Twig Ln., also indicated that he attended the maeting and commented that the Council needs to be involved. He stated that C/Miller advised the Authority that he would have a special meeting to discuss i the matter. C/Ansari recommended that Don Schad be the alternate. M/Papen advised that the application process has been out to the public for thirty days and the two positions were selected by the Authority. MPT/Werner advised that it would not be appropriate and would violate the Brown Act if C/Miller were to ask that this item be added to the General Plan agenda. He asked staff that if Section 3.2 were deleted, what kind of protection would the City have to accomplish the objectives and make certain that protections were in place. ICA/Montgomery advised that Section 15 allows the City to withdraw upon a 90 day notice. MPT/Werner asked if Section 15 gives the same protection as withdrawal from the agency. ICA/Montgomery advised that this would be a sufficient enough tool to negotiate a boundary because if the City withdraws entirely, the Conservancy would get no boundary within the community. In response to MPT/Wemer, CM/Belanger advised that if the City decided FEBRUARY 7, 1995 RECESS: PAGE 7 not to become a member of the Authority, the JPA carries the rights of the State of California and the State can purchase any land for the Authority. He advised that if the City were a member of the Authority, without Section 3.2, the General Plan and zoning process is one of the few Council prerogatives available in order to make it less attractive to purchase land in the City. MPT/Werner stated that he would like to have seen Section 3.2 approved by the Authority; however, he was not sure that the loss of that provision is a significant loss to the City's economic development program. C/Harmony commented that the program is for animal migration corridors from Whittier to the Cleveland National Forest and that it is important that the Cityjoin. C/Miller advised that he shared MPT/Werner's concern regarding eminent domain and that he had suggested discussion of the matter during the General Plan meeting because there was not enough time otherwise to discuss the issue. C/Harmony clarified Mr. Maxwell's comments that C/Miller should have a special notice attached to one of the General Plan meetings. M/Papen expressed concern about the misrepresentations to the Council by the Executive Director of the JPA indicating that there are plans for the corridor but the City is not allowed to review them. C/Miller moved, C/Ansari seconded to approve the Joint Powers Agreement without proposed Section 3.2 and to approve membership in the Authority. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCEL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECONVENE: 8.1 8.2 M/Papen recessed the meeting at 8:07 p.m. M/Papen reconvened the meeting at 8:15 p.m. WILDLIFE CORRIDOR (CONTD.) - C/Ansari asked that the representative ask for the Authority's budget and plans. M/Papen advised that they have already submitted their budget and they have only allotted $2,000. COMMITTEE APPOINTMENTS - M/Papen advised that there are two FEBRUARY 7, 1995 PAGE 8 standing committees: Finance (served by Mayor and Mayor Pro Tem) and Industry MRF (served by C/Ansari and C/Harmony). C/Ansari requested that Friends of the Iabrary be added to the Committee List with herself appointed as Council Liaison. M/Papen added two Ad Hoc committees: Renewal of Cable TV Franchise (served by Mayor and Mayor Pro Tem) and City -On -Line (served by Mayor and Mayor Pro Tem). C/Harmony proposed C/Ansan and himself be appointed to the Wildlife Corridor Conservancy Authority. He stated that because of the professions and past controversies of C/Miller and MPT/Werner, that these two Council Members should not be a part of this Committee. C/Ansari was disappointed that MPT/Werner and C/Harmony were not part of the Wildlife Committee. She also stated that C/Miller has done a fine job and that she would like to see C/Miller and C/Harmony work together on this Committee. C/Miller advised that if there is ever a conflict of interest, he will remove himself from the Committee. MPT/Werner reported that he is a consultant with the City of LaHabra Heights; however, it was discussed with the other cities and it does not appear that there is a conflict of intmst. He also indicated that if there is any conflict of interest, he would resign from the Committee. C/Miller moved, MPT/Werner seconded to approve the Committee Appointments as presented by Mayor Papen includi ag the addition of the Friends of the Library and Cable TV and City -On -Line Ad Hoc Committees. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, MPT/Wemer, M/Papen NOES: COUNCIL MEMBERS - Harmony ABSTAIN: COUNCIL MEMBERS - Ansari 8.3 ORDINANCE NO. 02 (1995) - AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20 (1989) AND 20A(1989) - ACM/Usher reported that since the City's incorporation in 1989, staff has conducted purchasing procedures under Ordinances No. 20 and 20A. As the result of concerns expressed regarding purchasing, the proposed Ordinance would provide improved format, definitions, policies regarding purchase orders, etc. — RECESS: M/Papen recessed the meeting at 8:37 p.m. RECONVENE: M/Papen reconvened the meeting at 8:43 p.m. FEBRUARY 7, 1995 PAGE 9 8.3 ORDINANCE NO. 02(1995) (CONra) - Terry Birrell expressed concern that had not been addressed by staff and registered an objection that the Ordinance was not included in her packet and that normal notification needed to be given. She commented that this Ordinance was drafted without a complete understanding or implementation of internal accounting controls. She reviewed several items in the Ordinance and requested that an outside service review it. M/Papen suggested that a motion be made to approve the Ordinance, and once made and seconded, each line item could be discussed. MPT/Werner stated that the information Ms. Birrell presented identified a cost breakdown of payments made to several vendors. He advised that these contracts were approved by the City Manager with the legal authorization provided by the CiWs former attorney. He asked ACM/Usher to comment on Ms. Birrell's concerns of Section 3.24.060 Requisitions. ACM/Usher advised that the provision requires the purchasing agent to review each requisition and enables him/her to question its propriety in view — of budgetary and other concerns. He reported that the Ordinance was reviewed by Moreland & Assoc. who indicated that it contains sufficient controls. MPT/Werner asked if a statement can be added to Section 3.24.060 to further explain it. CM/Belanger read the added statement for Section 3.24.060. In response to M/Papen, CM/Belanger advised that real property is governed by State Statute and are not typically found in a purchasing ordinance. He advised that there is an entire body of law of how the City purchases and sells property. C/Harmony commented that the Ordinance is only to show accountability for City staff and clarified several issues dealing with open-ended vendor contracts. M/Papen advised that if any Council Member had suggestions, corrections or revisions, they should be submitted prior to the next meeting. MPT/Werner moved, C/Miller seconded to approve for first :.jading, by title only, and waive full reading of Ordinance No. 02(1995) entitled: AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A PURCHASING SYSTEM AND REPEALING ORDINANCES 20(1989) AND 20A(1989). With the following Roll Call vote, motion carried: FEBRUARY 7, 1995 PAGE 10 AYES: COUNCIL MEMBERS - Ansari, Miller, MPT/Werner, M1Papen NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 8.4 AB939 COMPLIANCE EVALUATION FOR CALENDAR YEAR 1994 - N ichael Huls, Charles Abbott & Assoc., commented on areas in compliance with diversion mandates, their implementation status and what to expect this year. In regard to multi -family complexes, a future agenda will include a recycling program for those families. Actions against centralized facilities will be pursued. M/Papen expressed concern that the permit system required multiple haulers to provide recycling services for multi -family residents by January 1994. Mr. Huls advised that the haulers want to raise their rates for multi -family residents and they are working with them so that their rates remain the same. MPT/Werner questioned the staff report in that the City suffered a 4.7% decrease in the diversion of waste and an increase in f7een waste. He asked if green waste is mandatory to recycle. W. Huls advised that the recycling of green waste is not mandatory, but will become so sometime this year. C/Ansari expressed concern that multi -family dwellings do not currently have recycling programs. Mr. Huls advised that multiple haulers have implemented a number of programs for recyclables for multi -family dwellings. 8.5 STANDARDS OF CONDUCT: COUNCIL MEETINGS; USE OF CITY STATIONARY AND CITY INSIGNIA; COUNCIL MEMBER RELATIONSHIPS; UNAUTHORIZED CONDUCT AND ACTIVITIES - C/Papen reported that she and C/Ansari reviewed the City Council Standards of Conduct and read the proposed Code. Dr. Lawrence Rhodes, Fiber Ct., stated that if Robert's Rules of Order were used by the Council, there wouldn't be the problems that there are. Max Maxwell, 3211 Bent Twig Ln., asked why the Council is considering the — Code of Conduct. Steve Nice, Rising Star Dr., asked if this issue would be open for public comment at the next meeting. FEBRUARY 7, 1995 a PAGE 11 M/Papen advised that there will be public comments on this issue at the next meeting. Terry Bitrell advised that her packet did not include the Code of Conduct and presented several examples of inappropriate Council actions. Tom Van Winkle asked if the Code of Conduct includes Council Members outside the forum wearing City badges. C/Ansari commented on Terry Birrell's point of broader focus and she suggested obtaining other cities' Codes of Conduct for comparison. C/Harmony suggested several items that should be discussed at the next meeting in regard to the Code of Conduct. He asked if the City Attorney reviewed the Codes of Conduct and requested M/Papen to explain item in the proposed Code. Continued to February 21, 1995. NEW BUSINESS: 9.1 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD - CE/Wentz reported that if the Resolution was adopted, it would authorize installation of four stop signs to enforce traffic to yield. Max Maxwell, 3211 Bent Twig Ln., stated that he was in favor of the Resolution; however, he was concerned that he had not heard about this proposal sooner. C/Miller moved, MPT/Werner seconded to adopt Resolution No. 95-07 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING STOP SIGNS AT THE INTERSECTING LEGS OF THE RESIDENTIAL T -INTERSECTIONS OF COLD SPRING LANE AT BARBI LANE, COLD SPRING LANE AT AMBUSHERS STREET, CLEAR VIEW CREST DRIVE AT ROCK RIVER ROAD, AND GOLD RUN DRIVE AT RUNNING BRANCH ROAD. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Harmony, Miller, MPT/Werner, M/Papen NOES: COUNCIL MEMBERS - None FEBRUARY 7, 1995 PAGE 12 ABSENT: COUNCIL MEMBERS - None 9.2 TEMPORARY APPOINTMENT TO PARKS & RECREATION COMMISSION - C/Ansari announced that David Schey resigned from the Parks & Recreation Commission. She appointed Annette Finnerty, a former commissioner for the American Youth Soccer League, she has two children. C/Ansari proposed that Annette Finnerty be appointed to fill the unexpired term of David Schey who resigned from the Parks & Recreation Commission. Council concurred with this temporary appointment. 9.3 REDIRECTION OF CITY INVOLVEMENT IN MULTI -CULTURAL MATTERS - MPT/Werner and C/Ansari requested that the Multi -Cultural final report dated November 1994 be accepted and allow Council to deliberate on the report for any further action necessary. Dr. Lawrence Rhodes, Fiber Ct., felt that the committee was necessary because of the diverse cultures in this community. C/Ansari advised that the Ad Hoc Committee is a good idea and should be readdressed in the future. She thanked ACM/Usher who attended all of the meetings. C/Harmony was concerned about why the committee failed to put together a valid program given the many different cultures in the community. He suggested that the Council seek renewal of the approach and make sure that programs are in place to bring together all cultures. I /Papen asked C/Harmony to make written suggestions as to implementation of the program. 10. ANNOUNCEMENTS: M/Papen announced the resignation of Lou Esposito, Traffic & Transportation Commission effective March 1, 1995. She announced that applications could be sent to the City Clerk to fill this vacancy. 11. ADJOURNED: To Closed Session at 10:13 p.m. for discussion of - Personnel (Government Code Section 54957) re: Consideration of appointment of City Attorney 12. RECONVENE: M/Papen reconvened the meeting from Closed Session at 10:30 P.M. No reportable action taken. 12. ADJOURNMENT: There being no further business, M/Papen adjourned the meeting at 10:32 p.m. to February 13, 1995 al. the hour of 10:30 a.m. at City Hall for Closed Session for Personnel (Government Code Section FEBRUARY 7, 1995 PAGE 13 54957) re: Consideration of appointment of City Attorney. LYNDA BURGESS, City Clerk ATTEST: