HomeMy WebLinkAbout12/04/1995 Minutes - Special MeetingMINUTES OF THE CITY COUNCIL
SPECIAL MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 4, 1995
1. CALL TO ORDER: Mayor Papen called the meeting to order
at 9:05 a.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar,
California.
Mayor Papen announced that the meeting was not being televised by Jones
Intercable; however, it was being audio taped.
M/Papen advised that a letter had been received by C/Harmony on City
stationary, stating that MPT/Werner is the Mayor and that C/Harmony elected
not to be present at this meeting.
ROLL CALL: Council Members Ansari, Mayor Pro Tem
Werner and Mayor Papen. Council Member Harmony was excused.
RECESS: M/Papen recessed the meeting at 10:35 a.m. to give an
opportunity for the City Manager and City Attorney to arrive.
RECONVENE: M/Papen reconvened the meeting at 10:39 a.m.
Also present were Terrence L. Belanger; City Manager, Michael Jenkins, City
Attorney and Lynda Burgess, City Clerk.
I. CONSIDERATION OF RESOLUTION CENSURING CLAIR
HARMONY FOR ACTIVITIES FOR THE UNAUTHORIZED
UTILIZATION OF CITY RESOURCES - CM/Belanger stated that on
November 30, 1995, City staff received two undelivered pieces of
correspondence to addressees as well as telephone contact from a
third firm that had received such letter, on City stationary, substantially
the same as the two letters that were unable to be delivered. The
contents of the letter referred to a fact-finding investigation relating to
political contributions, named three individuals and attached a list of
29 contributors. In discussing the matter with the City Attorney's
office, it was determined that in order to assure that the City of
Diamond Bar, as a municipal corporation, was not exposed to possible
liability for statements contained in the correspondence, it was
important to let the individuals that received the correspondence, as
well as those who are subject to the letter, know as immediately as
possible that the City was not involved in any of the activities
purported to be taking place within the letter. This has been done, by
letter, that has been addressed to all those who received the letter as
well as those individuals named in the letter. The meeting was
scheduled to officially notify the community at large by acknowledging
awareness of the situation and to disavow any part by the Council, as
it relates to the activities undertaken by C/Harmony.
M/Papen asked for any comments by Council. Seeing none, she
opened the meeting for comments by the public.
DECEMBER 4, 1995 PAGE 2
M/Papen stated that a letter was received from Steven Nice, dated
12/4/95, apologizing for not being able to attend due to job-related
activities. He protested the meeting being held and did not believe the
Council has a right to censure anyone on the use of City stationary.
Gary Neely, Diamond Bar Caucus, stated that based upon legal
advice received, he would not elaborate on the matter, but indicated
that Nick Anis is not a member, and has never been a member of the
Diamond Bar Caucus. He has never been empowered to speak or act
as a spokesman on behalf of the Diamond Bar Caucus. The official
position of the Caucus was to support the censure of C/Harmony and
to express their deep appreciation to both the Councilmembers and
City staff for their prompt action in this matter.
CM/Belanger stated that C/Harmony had communicated with the City
Council regarding this matter.
Oscar Law stated that he was not aware of this meeting, and that the
public has a right to know the details involved so that they can either
agree or disagree with the censure.
In response to Mr. Law, M/Papen read into the record the letter sent _
by MPTMerner, C/Ansari and herself in response to C/Harmony's
letter, which is the basis for the censurship. Council has been advised
by the City Attorney not to distribute C/Harmony's letter.
CM/Belanger suggested that M/Papen wait to read the letter until the
City Attorney joined the meeting.
In response to M/Papen asking if it would be appropriate to read the
letter sent out by the Council regarding C/Harmony's letter,
CA/Jenkins indicated approval. M/Papen then read the letter signed
by M/Papen, MPT/Werner and C/Ansari in its entirety.
Mr. Law stated that it appears that Mr. Harmony wrote a letter that the
other City Council Members did not approve of; however, he still didn't
know what C/ Harmony did to warrant censure.
CA/Jenkins read the letter from C/Harmony dated November 30, 1995
to an individual on the campaign listing of the Diamond Bar Caucus as
attached as an enclosure. He then read the proposed Resolution
regarding the censure of C/Harmony.
Martha Bruske, 600 Great Bend Dr., asked if a policy regarding the
use of City stationary had been enacted. She asked about the timing
on this matter.
M/Papen asked MPTA/Verner to respond to Mrs. Bruske's questions.
DECEMBER 4, 1995 PAGE 3
He stated that the timing of the incident is a direct result of the City's
awareness of circumstances surrounding the incident, no other
reason. Further, the City is not conducting any investigation and not
to state this would imply that the City is in agreement with the letter.
Al Rumpilla, 23958 Golden Spgs. Dr., spoke in opposition to the
censure due to the fact that it does nothing to the person. If a
resolution is going to be adopted, put some "teeth" in it.
Wilbur Smith, 21630 Fairwind Ln., asked for a clear-cut, definitive
statement where Mr. Harmony broke some rule, some law, some
statement of appropriate action regarding the use of City stationary.
If the Council cannot specify in detail and show that he has committed
action against some law, then Council doesn't have a case.
Nancy Villalobos stated that the action being taken may be construed
as a continuation of the feud between Mr. Harmony and a present
Council Member. Also, Mr. Harmony may be discriminated against.
Don Gravdahl stated that he felt that by the quick action of the
Council, they may be able to limit liability that may be imposed on the
Council.
Debby O'Connor, 23725 Bower Cascade, approved of the quick action
by the Council.
Jack Gutowski stated that he could not believe that Mr. Neely would
put the City through a lawsuit and felt that this was a 'Witch hunt." He
asked if the Brown Act had been violated when the letter was drafted.
M/Papen advised that no meeting had taken place for the drafting of
the letter.
Nick Anis objected to the letter being distributed, and since he was
under the impression that it would not be distributed, his attorney did
not file for a restraining order against Mr. Harmony. He asked Council
Member -elect Huff to state whether he supported the resolution. He
asked that the Resolution be corrected, since it fails to point out that
the sample letter knowingly and intentially misrepresents the amount
of money for deceptive purposes.
M/Papen asked for clarification on the letter Mr. Anis was referring to.
Mr. Anis stated that the letter received by the City, by Mr. Harmony,
misrepresents the amounts of the contributions. Further, last year,
Mr. Harmony stated that he did not have any City stationary, however,
it appears that he misrepresented himself to the public.
DECEMBER 4, 1995 PAGE 4
Bob Huff, Council Member -elect, stated that he supported the
Council's action.
M/Papen reported that she had been asked why she was at the
meeting and that she advised that she is still an elected official and
that if she was not here, there would not have been a quorum since
Mr. Harmony had elected not to attend the meeting. By being here,
it made an opportunity to deal with an issue that needed to be dealt
with immediately.
C/Ansari explained that she had no problem with Mr. Harmony writing
a letter, doing any investigations on his own stationary, in his own
house; however, as an elected official she felt that there is a fiduciary
responsibility to protect the City's liability. if any other Council
Member had written such a letter, she would have reacted in the same
way. In regard to the timing of the meeting, the Council had a
responsibilty to act promptly. This is to let people know that we won't
tolerate this type of behavior by anyone.
MPT/Werner expressed concern with some of the testimony given
today regarding the censure of Mr. Harmony. —
C/Ansari moved and M/Papen seconded to adopt Resolution No. 95-
61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR CENSURING COUNCILMEMBER CLAIR HARMONY
FOR ACTIVITIES UNBECOMING OF A CITY COUNCILMEMBER as
amended with the addition of a clause to remove Mr. Harmony from
all representation on committees to outside agencies where he
represents the City until reorganization of the new Council.
In response to MPT/Werner, M/Papen explained that on November
27, a letter was received from the Wildlife Corridor Conservation
Authority which showed C/Harmony as the delegate. It appeared as
though a representation was made at the November Corridor meeting
changing delegates, yet no Council action had been taken removing
her as the City's delegate nor appointing C/Harmony as the official
delegate.
MPT/Werner asked that the date within the Resolution be changed,
that the section recommended by both C/Ansari and M/Papen be
added and that Mr. Neely be classified as a businessman, not a
resident of the City. He agreed with Mr. Rumpilla regarding having
more "teeth" in the Resolution.
M/Papen stated that Mr. Harmony had been contacted on several
occasions regarding misstatements and other slanderous and libelous
attacks that he has made regarding her and others. She further
stated that she is very song that the meeting had to be called and that
DECEMBER 4, 1995 PAGE 5
the Council must take this action.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - C/Harmony
MPT/Werner requested a Closed Session regarding potential litigation
mentioned during the public comments, to see if there is any further
action necessary to be taken by the Council.
CA/Jenkins stated that he understood MPT/Werner's concern;
however, it should be discussed during a Closed Session scheduled
at another time.
M/Papen asked if the City Attorney could give a status report in regard
to the tie vote for the Council seat.
CA/Jenkins stated that he could not discuss the matter since it was
not on the current agenda. The California Elections Code provides
that in the event of a tie vote, the determination is made by lot by the
Secretary of State, in the absence of an ordinance or resolution prior
to the election that would allow for a special run-off election. He
further stated that the election results can be accepted by the Council
at the next meeting
3. ADJOURNMENT: With no further business to conduct the,
meeting was adjourned at 11:55 a.m.
ATTEST:
Lynda Burgess, Gtty Clerk
Mayor