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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