HomeMy WebLinkAbout08/25/1992CITY COUNCIL
AGENDA
Mayor — Jay C. IGm
Mayor Pro Tem — Phyllis E. Papen
Councilman — John A. Forbing
Councilman — Gary H. Wemer
Councilman — Gary G. Miller
City Council Chambers
are located at:
South CoiastAir Quality Afanagernent Di►sfttAuditorium
21815 East Copley Drive
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MEETING DATE: AUGUST 25, 1992
MEETING TIME: 7:00 P.M.
Terrence L. Belanger
Acting City Manager
Andrew V. Arczynski
City Attorney
Lynda Burgess
City Clerk
Copies of staff report# or otherwritten documentation relating tQ each`!item referred'to onfiis agenda
are on file in the OfBCe oftha City Clef [c and ara available for pybfic to pectin r if'y9a have questions
regarding
'an agenda item, please contact ;the City Clerk at (714)!400. 24,00durh o business hours.
The City of Diamond Bar uses RECYCLED paper and encourages you to do the same.
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THIS MEETING is BEING BROADCAST LIVE BY JONES INTERCABLE
FOR AIRING ON CHANNEL 51, AND BY REMAINING IN THE ROOM,
YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
1. CALL TO ORDER: 7:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR KIM
ROLL CALL: Councilmen Forbing, Miller, Werner,
Mayor Pro Tem Papen, Mayor Kim
2. OLD BUSINESS:
2.1 CITY ATTORNEY'S REPORT REGARDING THE CITY'S ABILITY TO
ISSUE AND/OR PROCESS BUILDING PERMITS, AND DISCRETIONARY
ACTIONS (CONSEQUENCE OF SUSPENDED EFFECTIVE DATE OF THE
CITY OF DIAMOND BAR ADOPTED GENERAL PLAN) DUE TO FILING
OF REFERENDUM PETITION.
Recommended Action: The City Attorney will deliver a
memorandum of opinion on Monday, August 24, 1992.
3. ANNOUNCEMENTS:
4. ADJOURNMENT:
INTEROFFICE MEMORANDUM
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TO: Mayor and City Council j
FROM: Terrence L. Belanger, Acting City Manage 1
6
SUBJECT: SUSPENDED GENERAL PLAN BUILDING PERMIT AND
DISCRETIONARY ACTIONS PROCESS:
MEMORANDUM -OF -OPINION
DATE: August 21, 1992
At its meeting of August 18, the City Council directed the
City Attorney to prepare a memorandum -of -opinion relating to
the possibility of continuing to issue and process building
and other discretionary permits during the time that the
effective date of the City's adopted General Plan has been
suspended.
In talking with the City Attorney's office on Friday, August
21, it was indicated that a memorandum -of -opinion should be
ready for delivery to this office on Monday, August 24. The
City Attorney's office has asked for indulgence in that City
Attorney Andrew Arczynski has been out of the office on
vacation during the past two weeks and, through telephonic
input, has indicated that he wishes to review the memorandum -
of -opinion prior to its delivery to the City Council.
Therefore, the memorandum -of -opinion will not be delivered
before mid-afternoon Monday, August 24.
On August 25, the matter before the City Council for
consideration is solely the discussion of the possibility of
the processing and issuing of building and other discre-
tionary permits. As a further reminder, the meeting of
August 25 will start at 7:00 p.m. in the AQMD Auditorium.
nbw
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold an Adjourned Regular
Meeting at the South Coast Air Quality Management District
Auditorium, located at 21865 E. Copley Dr., Diamond Bar,
California at 7:00 p.m. on Tuesday, August 25, 1992.
Items for consideration are listed on the attached agenda.
I, LYNDA BURGESS, declare as follows:
I am the City Clerk in the City of Diamond Bar; that a copy
of the Notice for the Adjourned Regular Meeting of the Diamond
Bar City Council, to be held on August 25, 1992 was posted at
their proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 21st day of
August, 1992, at Diamond Bar, California.
!s/ Lynda Burgess
LYNDA BURGESS, City Clerk
City of Diamond Bar
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
CITY OF DIAMOND BAR
AFFIDAVIT OF POSTING
NOTICE OF ADJOURNMENT
SS.
I, Lynda Burgess , declare as follows:
That I am the City Clerk of the City of Diamond Bar; that at
a regular meeting of the City Council of the City of Diamond Bar
held August 18, 1992, the members present authorized adjournment
of said meeting to August 25, 1992, at the hour of 7:00 p.m., in
the City Council Chamber, AQMD Auditorium, 21856 E. Copley Dr.,
Diamond Bar, California; and that a copy of said notice was
posted at a conspicuous place near the door of the room at which
said meeting was held, within 24 hours of said adjournment.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Affidavit was executed on August 19, 1992, at Diamond
Bar, California.
/s/ Lynda Burgess
Lynda Burgess, City Clerk
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To: Mayor J.C.Kim & Councilman Gary H. Wermer
Subject: Diamond Bar City Council Meeting August 25th 1992
Copies: Councilman John A. Forbing, Councilman Gary G. Miller,
City Clerk Lynda Burgess, City Attorney Andrew V.
Aczynski, Highlander Newspapers, Los Angeles Times.
I did attend the subject meeting, and did voice my opinion
regarding Diamond Bar's ability to issue and/or process building
permits, and discretionary actions (consequence of suspended
effective date of the adopted General Plan) due to the filing of
referendum petition. Thank you Mr. Mayor and City Council
Members for the privilege of hearing my comments on that evening.
My wife, Henrietta, and I are one of the many that are waiting
for our permit to build a swimming pool. Diamond Creek is the
name of the pool company that will eventually build our pool.
I am directing this letter to Mayor Kim and Councilman Wermer as
I felt that they were the only ones that did appear to be
sympathetic to the individual home owner who wants to upgrade
their home.
During my comments, I mentioned that I could delay the building
of our pool, even though we were going to use it for health
reasons and exercise. During the close of the meeting, Mr Andrew
V. Aczynski quoted me as saying,"that I could wait for the pool."
Like all politicians, who only hear the things they want to
hear, he missed what I thought was the big item that I
mentioned, and that was I could not understand why the City
Council had to literally stop all permits just because of Tonner
Canyon. One swimming pool company, the Malin Company, indicated
that it would have to lay- off hundreds of workers.
This is the big item, not my having a swimming pool, but the fact
that in these crutial times, when jobs are hard to come by, you
the Diamond Bar City Council, is setting in motion things that
will compound the unemployment problem.
Mr. Aczynski also mentioned the lady that was first going to put
on a new roof, and then decided to add an additional floor to
their home. He said that the roof could be given a permit but
the addition of the extra floor to the house would not be given a
permit. That makes no sense at all. Its like telling a woman
that she is a little bit pregnant and that she will have to wait
longer than the normal nine months for her baby to be born, like
maybe twelve or fifteen!
(LETTER TO THE MAYOR AND CITY COUNCIL CONTINUED)
Why can't the City Council separate the Tonner Canyon problem and
let the rest of the City of Diamond Bar continue to grow and
develop? From the Council Meeting, it became apparent that there
are many new businesses that are on the agenda to start building
here in Diamond Bar. Lets keep the city of Diamond Bar a city of
progress and issue permits in all areas except Tonner Canyon, and
when that situation is resolved, it also would be open.
Mr. Aczynske also mentioned that it would take about two or three
weeks to find out if there were enough signatures to make the
referendum petition official or invalid, also an extention from
the State of California to extend the original General Plan,
will be initiated. If either the referendum petition being
declared invalid or the State gives us an extention then there
will be no problem and all Permits will be accepted. If this is
true, I can't see why you, as elected officials of the City of
Diamond Bar California, could not excercise your authority and
accept all Permits in the City of Diamond Bar with the exception
of Tonner Canyon
If a vote was taken today I would only vote for Councilman Wermer
and Mayor Kim.
Thank you for listening to me, and I hope that this problem can
be resolved soon.
David and Henrietta Heaps
1374 Rolling Knoll Rd.
Diamond Bar, Ca. 91765
714-860-9321
City of Diamond Bar
Meeting Minutes For
August 25, 1992
Members Present: 4
Members Absent: 1
09/02/92
Page: 1
1. CALL TO ORDER: 7:00 P.M.
PLEDGE OF ALLEGIANCE: MAYOR KIM
ROLL CALL:
Councilmen Forbing, Miller, Werner, Mayor Pro Tem Papen, Mayor
Kim
2. OLD BUSINESS:
2.1 CITY ATTORNEY'S REPORT ON STATUS OF CITY'S
ABILITY TO PROCESS PERMITS, ETC., DUE TO REFERENDUM -
Recommended Action:
Adopted the following Minute Order entitled:
GENERAL PLAN REFERENDUM - STATUS OF PERMIT ISSUANC
It was moved by C/Forbing to accept the City Attorney's
recommendation to issue permits within the envelope; also
to direct staff to come back with a recommendation at the
next meeting for the Council to act on to request the
State to extend the previous General Plan and at the
following Council meeting, to come back with an
up-to-date report on the situation and, if necessary, or
for discussion, to possibly expand the scope depending on
what we hear back from the State.
C/Werner seconded the motion with the condition that
staff continue to explore more options to keep business
running, as soon as possible and as efficiently as
possible. C/Forbing agreed to add this provision to his
motion.
With the following Roll Call vote, motion carried:
AYES:
NOES:
ABSENT:
3. ANNOUNCEMENTS:
4. ADJOURNMENT:
COUNCILMEN - Forbing, Miller, Werner
COUNCILMEN - Kim
COUNCILMEN - Papen