HomeMy WebLinkAbout05/23/1995 Minutes - Adj. Regular MeetingMINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 23, 1995
1. CALL TO ORDER: Mayor Papen called the meeting to order
at 6:34 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 Mayor Papen.
ROLL CALL: Council Members Ansari, Harmony, Mayor
Pro Tem Werner and Mayor Papen.
Also present were Terrence L. Belanger, City Manager; Mike Estrada, Asst.
City Attorney; Michael Montgomery, Special Legal Council; James
DeStefano, Community Development Director; Bob Rose, Community
Services Director and Lynda Burgess, City Clerk.
CM/Belanger announced that a local emergency was called by the City
Manager as a result of the landslide located east of Morning Sun Dr. in
Rowland Heights, on property on the westerly edge of the City. The Council
must consider and ratify a local declaration of emergency if made by a non-
elected official in order for the declaration to be effective. This Declaration
of Emergency occurred after the agenda for this meeting was sent and,
therefore, the Council can, if they wish to consider this an emergency
condition, by four-fifths vote, place the matter on the agenda for
consideration.
MPT/Werner moved, C/Ansari seconded to place the item on the agenda as
an emergency item. With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
C/Harmony moved, C/Ansari seconded to move Public Comments to the
front of the agenda, since there were many people attending the meeting to
speak on the landslide.
MPT/Werner stated that he had no objections with relocating Public
Comments, but he announced that he would be leaving the meeting at 6:55
p.m., as he had another commitment.
M/Papen also announced that she would be leaving at the same time as
MPT/Wemer and that there would no longer be a quorum.
C/Harmony asked for an explanation as to why two Council Members would
leave when a Public Hearing had been scheduled.
MAY 23, 1995 PAGE 2
M/Papen stated that there was no Public Hearing scheduled and that this
meeting was a cant' over from the May 16 and May 17, 1995 meetings.
M/Papen asked for any comments from either the audience or Council that
would suggest that the emergency resolution should not be adopted.
No testimony -was offered.
MPT/Werner moved, C/Ansari seconded to adopt Resolution No. 95-23: A
RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR CONFIRMING
THE EXISTENCE OF A LOCAL EMERGENCY AND RATIFYING THE
PROCLAMATION THEREOF. With the following Roll Call vote, motion
carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony, MPT/Werner,
M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
2. OLD BUSINESS:
C/Harmony pointed out that there was a motion and a second to move Public
and Council Comments forward.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Harmony
NOES: COUNCIL MEMBERS - MPT/Werner, M/Papen
ABSENT: COUNCIL MEMBERS - None
2.1 MODIFICATION OF THE DEDICATED RIGHT TO PROHIBIT THE
CONSTRUCTION OF RESIDENTIAL BUILDINGS WITHIN A
PORTION OF LOT 1, TRACT NO. 31479 - CM/Belanger reported on
the modification of a dedicated right to prohibit construction of
residential buildings within a portion of Lot 1, Tract No. 31479 and
stated that this was part of the agenda of May 16, 1995 and that at
that time, Council took an action to set the matter for Public Hearing.
Following that action, Council requested that the applicant take a
week to consider whether or not he wanted to proceed with the matter
to be considered at a Public Hearing or withdraw the request.
Jan Dabney, representing D & L Properties, stated that it is the
property owner's intent to proceed with the understanding that a
Public Hearing will be scheduled. He requested that the hearing be
held within a 45 -day time period so he has an opportunity to converse
MAY 23, 1995 PAGE 3
with the applicant prior to the hearing. It is not the applicant's intent
to withdraw, but he might do so in the next two weeks.
MPT/Werner restated Mr. Dabney's request by stating that at this
time, the applicant wanted to proceed with a Public Hearing; however,
staff should not send out notices until Mr. Dabney has contacted them
as the applicant may withdraw his request.
M/Papen suggested scheduling the Public Hearing for July 18, 1995
and Mr. Dabney agreed to this date.
MPT/Werner requested that he be shown an access route to a
location and a buildable site designated and asked that the applicant
file that information prior to the hearing.
Mr. Dabney stated that it is the intent of the applicant for this property
to modify the language that would only allow construction of one
home. Through the City's process, once the right to establish the
home is granted, then the process would also go before the Board of
the Country Estates for design review and considerations. The total
parcel being considered has an existing driveway, has all existing
services and the intent is not to increase the driveway or any
services, except the land to build the single family home. Brought
forth at the previous meeting was the consideration of future access.
The lot line adjustments were requested to set aside the true open
space area and in that process give up access to anywhere outside
the Country. The second consideration is to meet an obligation the
applicant made to one of the local residents on a request to expand
his backyard.
It was agreed that the Public Hearing would be scheduled for July 18,
1995.
3. NEW BUSINESS:
3.1 AWARD OF PROJECT MANAGEMENT SERVICES TO RJM
DESIGN GROUP FOR THE MAPLE HILL PARK RETROFIT
PROJECT - At staffs request, the matter was continued to June 20,
1995.
3.2 CITY ENTRANCE SIGNS - Continued to June 20, 1995.
2. OLD BUSINESS:
2.1 RESOLUTION NO. 95 -XX: A RESOLUTION OF THE CITY
MAY 23, 1995 PAGE 4
i
COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING THE 1995
GENERAL PLAN FOR THE CITY OF DIAMOND BAR - CM/Belanger
stated that this was a continuation from the May 16 meeting and all
activities pertaining to it had been concluded and is now before
Council for consideration.
Red Calkins, 240 Eagle Nest, stated that he was opposed to placing
the General Plan on the ballot.
M/Papen moved, MPT/Werner seconded to continue the matter to
June 20, 1995.
C/Harmony asked what the consequences are to delaying this matter
as far as the time schedule to placing it on the November ballot,
knowing that the initiative process will probably begin tomorrow on
the citizen's version.
CC/Burgess stated that the Council has until July 17 to adopt the
General Plan and place it on the ballot.
With the following Roll Call vote, motion carried:
AYES: COUNCIL MEMBERS - Ansari, Harmony,
MPT/Werner, M/Papen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
M/Papen advised that both Mr. Huff and Mr. Schad wished to speak
on the General Plan. Both gentlemen stated that they would wait until
June 20.
3. PUBLIC COMMENTS: None
4. COUNCIL COMMENTS: None
3. ANNOUNCEMENTS: M/Papen announced that a Financial
Workshop would be held to discuss the budget on May 30, 1995 at 2:00 p.m.
at the AQMD. The next regular meeting of the Council is scheduled for June
6, 1995 at 6:30 p.m.
C/Harmony asked the City Manager if it would be possible to have staff —
solicit contributions from area merchants to help feed the workers on the
landslide. -
CM/Belanger stated that staff would be directed to do so.
MAY 23, 1995 PAGE 5
C/Ansari stated that she was impressed with all agencies involved in working
on the landslide and thanked staff for their participation.
4. ADJOURNMENT: Due to the lack of a quorum, the meeting was adjourned
at 7: DO p.m.
L rA BURG �Clty
ATTEST:
I-". G
Mayor