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HomeMy WebLinkAbout11/05/1996 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 5, 1996 CLOSED SESSION: None 2. CALL TO ORDER: Mayor Ansari called the meeting to order at 6:35 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Colors presented and Pledge of Allegiance led by Ganesha High School JROTC. ROLL CALL: Council Members Harmony, Herrera, Werner, Mayor Pro Tem Huff, Mayor Ansari. Also present were: Terrence L. Belanger, City Manager, Frank Usher, Assistant City Manager; Michael Jenkins, City Attorney; James DeStefano, Community Development Director; George Wentz, Director of Public Works; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.2 Presented Certificates of Recognition to representatives from Danyang, China. Jim Starkey, on behalf of Congressman Jay Kim, welcomed the delegation to the 41st Congressional District. Both Mayors and Mayors Pro Tem signed a "City -to -City Agreement of Friendship." Presented City Tile to citizens of Danyang, China. RECESS: WAnsari recessed the meeting for a reception at 7:13 p.m. RECONVENE: WAnsari reconvened the meeting at 7:35 p.m. 3.2 Presentation by Mike Nelson of the "Savvy Award" given to the City by 3CMA (City -County Communications and Marketing Association). BUSINESS OF THE MONTH: 3.3 Presented City Tile to Diamond Bar Honda which was accepted by Charles Martin, Parts Manager. A Certificate was also presented on behalf of Congressman Kim. 4. PUBLIC COMMENTS: George Perry and Stewart Pompel, Pacific Crest Youth Arts, presented each Council Member with a group photograph of their drum and bugle corps. 5. SCHEDULE OF FUTURE EVENTS: 5.1 VETERANS DAY - November 11, 1996 - City Offices will be closed. NOVEMBER 5, 1996 PAGE 2 Will reopen Tuesday, November 12, 1996. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - November 14, 1996 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - November 19, 1996 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, C/Wemer seconded, to approve the Consent Calendar, with the exception of Item 6.8. Motion carried unanimously by the following Roll Call vote: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES - Regular Meeting of October 15, 1996 as submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of September 9, 1996. 6.3 RECEIVED & FILED TRAFFIC & TRANSPORTATION COMMISSION — MINUTES - Regular Meeting of September 12, 1996. 6.4 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES: A. Regular Meeting of August 22, 1996. B. Regular Meeting of September 26, 1996. 6.5 APPROVED VOUCHER REGISTER - dated November 5, 1996 in the amount of $712,620.17. 6.6 RECEIVED & FILED TREASURER'S REPORT - for September, 1996. 6.7 REJECTED CLAIMS FOR DAMAGES: A. Filed by Chairit Phadungslip on October 11, 1996 B. Filed by Samuel Rich on October 18, 1996 These matters were referred to Carl Warren & Co., the City's Risk Manager, for further action. 6.9 APPROVED REQUEST FOR ADDITIONAL CONSTRUCTION INSPECTION FUNDS FOR LEFT -TURN TRAFFIC SIGNALS CONSTRUCTION ON DIAMOND BAR BOULEVARD AT MOUNTAIN LAUREL WAY; DIAMOND BAR BOULEVARD AT GOLDEN NOVEMBER 5, 1996 PAGE 3 SPRINGS DRIVE, AND BREA CANYON ROAD AT GOLDEN SPRINGS ROAD - in the amount of $3,000 to Warren C. Siecke. 6.10 ADOPTED RESOLUTION NO. 96-53#k RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS" AND BUDGET ADJUSTMENT - approved the position modifications, the proposed Transportation Clerk position, the budget adjustment for personnel and adopted Exhibits A and B of Resolution No. 96-53A. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.8 RESOLUTION NO. 96 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INSTALLING A RED CURB ON THE NORTH SIDE OF MONTEFINO AVENUE BETWEEN THE DIAMOND BAR POST OFFICE'S GENERAL PUBLIC DRIVEWAY AND DIAMOND BAR BOULEVARD, 15 FEET EASTERLY FROM CURB RETURN OF THE "POST OFFICE TRUCKS ONLY" DRIVEWAY AND 15 FEET WESTERLY FROM THE CURB RETURN -- OF THE POST OFFICE'S GENERAL PUBLIC DRIVEWAY - MPT/Huff referred to a letter from Lary Todd requesting a traffic study and commented that he felt the parking problem along Montefino in the vicinity of the post office involves more than ADP employees across the street. The post office parking lot is inadequate. DPW/Liu responded that there have been no reported accidents in the area. The post office reports several near accidents in the parking lot. A site visit revealed that a red zone on the north side of Montefino Ave. between the post office driveways, and from D.B. Blvd. to the first driveway, would enhance site visibility and promote safer driving conditions. MPT/Huff suggested limiting street parking to 15 minutes. CM/Belanger stated that a 15 minute parking restriction would present an enforcement problem. He suggested that it is preferable to restrict parking for an extended period of time or prohibit street parking entirely. C/Wemer believed that the shared driveway congestion between the —' post office parking lot and the Lucky Market center presents a significant burden to motorists. He indicated his hope that the D.B. post office will become a full service facility which would increase traffic. He suggested referring the matter back to the Traffic & Transportation for further consideration of the entire affected area. NOVEMBER 5, 1996 PAGE 4 M/Ansari expressed concern over the amount of speeding in the post office parking lot. C/Harmony stated that in his experience, it is impossible to persuade a post office to change its traffic patterns. The post office requested the red curbing and the Traffic & Transportation Commission recommended that it be installed. He further stated that he would like the Council to address the issue of the Commission's recommendation and ask the post office to review its overall traffic patterns. MPT/Huff moved, C/Werner seconded, to continue consideration of the red curbing after referring the matter back to the Traffic & Transportation Commission for further review and consideration of the Council's comments, lack of parking availability and accident history. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: 7.1 RESOLUTION NO. 96-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING VESTING TENTATIVE TRACT MAP NO. 52203, A REQUEST TO SUBDIVIDE A 6.3 GROSS ACRE SITE INTO SIXTEEN NUMBERED LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND SIX LETTERED LOTS FOR STREETS AND LANDSCAPING AND THE ADDENDUM TO THE EIR FOR SOUTH POINTE MASTER PLAN (STATE CLEARINGHOUSE 392081040), LOCATED ON THE WEST SIDE OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA. APPLICANT: DIAMOND CREST ESTATES - In response to C/Werner, CDD/DeStefano indicated that when the project was approved in October, 1994, the developer was uncertain whether the project would be a gate guarded private community or retain its public street design. Council granted the developer the option to choose as long as the applicant informed staff of his decision in order that proper modifications could be completed prior to Final Map approval. The applicant is moving toward Final Map approval and the issue will be before Council in the next 30 to 60 days. C/Werner stated that he recalled that Council had the discretion to determine whether the project will be a gate guarded private community or retain the public street design. He expressed concern regarding proposed building materials for the 400 ft. perimeter wall NOVEMBER 5, 1996 PAGE 5 along the access roadway. He indicated his preference for masonry/wrought iron materials. He further stated his concern that the perimeter wall and private streets be maintained. He proposed that the wall extend the entire length of the access roadway and along Brea Canyon Rd. He asked if the City would review the wall design and landscape plan and if so, by whom. M/Ansari expressed concern regarding landscaping and trees in the buffer zone between Brea Canyon Rd. and the development, which is in the unincorporated area of L.A. She was pleased that the developer revised his plans to include additional landscaping and a meandering sidewalk with the contours of the access roadway. She asked about consideration of a park in the project area. C/Werner asked if the second lot frontage contained any access restriction and if not, would such a restriction be appropriate. C/Harmony stated that there is a second set of houses that appear to have double frontage. He asked which side is the front and how the back side would be treated. Further, he asked if map restrictions would be waived with respect to grading materials falling into --, Sandstone Canyon and if so, how does this affect other properties such as RNP and school district properties. CDD/DeStefano responded that streets will be designed to meet either public or private ownership. Prior project approval contained an EIR condition to mitigate noise that mandated block wall fencing to surround the property, specifically on the freeway side. The wall is to be constructed in accordance with decibel maximum interior wall criteria for residential dwelling units prior to issuance of building permits to construct residential dwelling units within the larger project and this project. As part of the approval, a block wall will be constructed along the southerly and easterly edges of the project with fencing surrounding the project on the remaining sides. In addition, fencing is proposed for the north side of the double frontage lots. The fencing would prohibit access from the street. Ingress and egress to the lots is from within the cul-de-sacs. The developer is conditioned to provide detailed landscape and architectural drawings for all mitigation in landscaping for the removal of trees in the larger project and landscaping is proposed to enhance the area adjacent to the access road and to Brea Canyon Rd. The approval body is the City's Planning staff. If the project goes with private streets, the project's homeowners association will maintain the streets, private open space areas, the perimeter walls and related landscaping, and other fencing within the project and homebuyers will be informed of the estimated cost of annual upkeep and ongoing maintenance and development. There is no proposal for a lighting and landscaping district within this project. The slope adjacent to Brea Canyon Rd. included in both NOVEMBER 5, 1996 PAGE 6 projects will contain a number of trees, shrubs and ground cover which will serve as part of the mitigation measures for removal of trees approved in the prior project. The condition for landscape plan must be fulfilled prior to issuance of building permits for residential units in the area. Approximately 500-600 trees (oaks, walnuts and other species found within the Sandstone Canyon area) will be provided by the developer. The Brea Canyon Rd. setback would range from about 62' at the northern point to about 32' at the southern portion of the project from the right-of-way to the property line. Further, he stated that the Planning Commission raised the issue of whether or not the project should contain a park. He strongly recommended that no park be included within the 16 unit development. With respect to the 91 unit project, incorporation of a park was included in that proposal. A number of parks -related issues exist in the immediate area such as complete reconstruction of South Pointe Middle School, Larkstone Park, and related financial issues. The 91 unit project will generate approximately $120,000 in Quimby fees which the City can use for park development. The 16 unit proposal will generate fees of about $25,000. Within the prior approval, the applicant is entering into an agreement with the City to purchase the fomner water reservoir property and excess right-of-way along, Brea Canyon Rd. The applicant has provided an offer to the — City that, if accepted, will generate approximately $1.4 million to be placed within a parks and recreation fund. The current proposal does not alter the grading plan approved for the access road from Brea Canyon Rd. to South Pointe Middle School which was granted in October, 1994. The grading does not violate any of the map and deed language located on the RNP/school district properties within the immediate area. M/Ansari declared the Public Hearing open. Frank Arciero, Jr., Arciero & Sons, concurred with CDD/DeStefano's statements. He explained that the current proposal offers the opportunity for a private community. Common areas will be covered in the CC&R's and the homeowners association will have budget funds available to maintain the common areas, including the landscaping and walls. In accordance with project approval, a boundary wall will enclose the entire project. Landscape plans will be submitted for review by City staff. Two product lines are targeted for this project: 3100-3400 sq. ft. units and 3400-3900 sq. ft. units. In response to M/Ansari, Mr. Arciero indicated that he would agree to speak with a citizen regarding the possibility of relocating some of the project's oak trees to Cal Poly Pomona if the citizen is willing to assume responsibility and provide liability insurance coverage. Walt Doctor, 1861 Acacia Hill Dr., asked if citizens of D.B. will be able to use the park contained in the gated project. NOVEMBER 5, 1996 PAGE 7 M/Ansari responded to Mr. Doctor that there will not be a park inside the private community. There being no further testimony offered, M/Ansari closed the Public Hearing. In response to C/Wemer, Mr. Arciero stated that he would agree to a deed restriction on the map indicating no access with respect to the properties that back up to the access roadway. However, he asked that no restriction be placed on the properties that back up to the perimeter walls. DPW/Wentz concurred with the proposed deed restriction. He believed the CC&R's will provide the appropriate restrictions that the City seeks. Any modifications to the CC&R's would require a significant approval by the homeowners association and he does not foresee homeowners granting such access for the benefit of a few homes. C/Wemer asked if the City is interested in pursuing a minimum level of consistency with respect to gated communities. Mr. Arciero stated that although there are no plans to provide full time security, a guard house will be constructed in the event the homeowners wish to engage a security service. C/Wemer asked staff to provide a condition modification that includes security infrastructure. PWD/Wentz offered the following condition statement: "If the applicant proposes, as part of the final map approval, to incorporate private streets, the applicant shall provide a security/access plan for review and approval by the City. This shall include at least such items as perimeter walls, gate house, and any similar amenities." MPT/Huff moved, C/Werner seconded, to adopt Resolution No. 96-72 approving Vesting Tentative Tract Map 52203, a request to subdivide a 6.3 gross acre site into sixteen numbered lots for single family residential development, and six lettered lots for streets and landscaping, and the addendum to the EIR for South Pointe Master Plan (State Clearinghouse #392081040), located on the west side of Brea Canyon Road, north of Pathfinder Road, with the addition of a condition regarding security infrastructure to read: "If the applicant proposes, as part of the final map approval, to incorporate private streets, the applicant shall provide a security/access plan for review and approval by the City. This shall include at least such items as perimeter walls, gate house and any similar amenities." Motion carried by the following Roll Call vote: NOVEMBER 5, 1996 PAGE 8 AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - Harmony ABSENT: COUNCIL MEMBERS - None OLD BUSINESS: 8.1 FIRST READING OF ORDINANCE NO. 04(1996): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REGULATING STORM WATER AND URBAN RUNOFF POLLUTION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - In response to M/Ansari, CA/Jenkins explained that such activities as residential car washing, hosing down of driveways and draining of private swimming pools are exempt from this permit. A residential property owner would need to be concerned about depositing vehicle oil and fluids into the street and storm drain. C/Herrera moved, C/Werner seconded, to approve first reading by title only and waive further reading of Ordinance No. 04(1996) regulating storm water and urban runoff pollution. With the following Roll Call vote, motion carried unanimously: AYES: COUNCIL MEMBERS - Harmony, Herrera, Werner, MPT/Huff, M/Ansari NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9. NEW BUSINESS: None RECESS: M/Ansari recessed the City Council meeting at 9:12 p.m. to convene the Redevelopment Agency meeting. RECONVENE: M/Ansari reconvened the City Council meeting at 9:37 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS: C/Harmony stated that he and several citizens met with the Redevelopment Agency Economic Advisor and further that staff declined his request to schedule a meeting with Rosenow Spevacek Group, Inc. C/Werner reported that, in October, the Sanitation District conducted a hazardous waste roundup. Seven hundred vehicles dropped off hazardous waste materials. 10. COUNCIL COMMENTS: C/Herrera reported that she and six `- other citizens attended the California Emergency Services Annual Conference October 28, 29 and 30. She commended the City for planning toward future disasters. She suggested the Council invite Sheriff and Fire Department representatives and personnel from Walnut Valley Unified NOVEMBER 5, 1996 PAGE 9 School District and Pomona Valley School District to discuss their emergency plans at a January Town Hall meeting. C/Harmony discussed the Redevelopment Agency concept and items included in the "Harmony Report". C/Werner and MPT/Huff encouraged citizens to study Redevelopment Agency surveys and reports in order to make informed decisions. MPT/Huff stated he attended the Golden Springs Elementary "Red Ribbon Week" ceremony. He commended the school for promoting the program. M/Ansari reported on her trip to China to promote friendship and economic development. 11. ANNOUNCEMENTS: None 12. ADJOURNMENT: There being no further business to conduct, M/Ansari adjourned the meeting at 10:06 p.m. to November 19, 1996 at 6:30 p.m. C4-7L� LY DA BURGESS, City Cierk " ATTEST: I = le 7 Mayor