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HomeMy WebLinkAbout04/07/1992 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 7, 1992 1. CLOSED SESSION: 5:00 P.M. Personnel - Section 54957.6 Litigation - Section 54956.9 No reportable action taken. 2. CALL TO ORDER: M/Kim called the meeting to order at 6:00 p.m. in the Council Chambers, AQMD Auditorium, 21865 E. Copley Dr. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Werner. ROLL CALL: Mayor Kim, Councilmen Forbing, Miller and Werner. Mayor Pro Tem Papen arrived at 6:50 p.m. Also present were Terrence L. Belanger, Assistant City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Director of Community Development; Sid Mousavi, Public Works Director/City Engineer and Lynda Burgess, City Clerk. 3. COUNCIL COMMENTS: C/Miller reported that he had heard from a number of local business owners requesting that the City consider changing the Sign Ordinance due to difficulties they were having promoting their businesses. Concern was also expressed regarding -what they perceive as a lack of uniform enforcement. M/Kim responded to concerns expressed by several citizens that the City held "secret" meetings in January. The two meetings mentioned were the retreat sponsored by the Chamber held in Escondido which was open to the public and the other meeting was a personnel session for evaluation of the City Manager's performance. CA/Arczynski stated that the Council adjourned its January 7 meeting to January 9 to attend a joint meeting in Escondido with the Chamber of Commerce, the Diamond Bar Improvement Association and others and was open to the public. The other meeting was a closed session, as provided by law, held on January 18 for the purpose of evaluating the City Manager. Notices for both meetings were properly given. 4. PUBLIC COMMENTS: suggested that the William George, 378 N. Prospectors Rd., Council put the solid waste matter out to bid. Lydia Plunk, 1522 S. Deerfoot Dr., asked the Council to consider the oak as the "city tree". In addition, she suggested that the solid waste matter be sent to bid to take it out of the political arena. APRIL 7, 1992 PAGE 2 Tom Ortiz, 3308 Hawkwood, stated that there should be free enterprise and that there should be a team of haulers to serve our community. Max Maxwell, 3211 Bent Twig In., asked whether or not closing of the golf course is still being considered in the General Plan and expressed confusion over direction for wording in the General Plan given to GPAC in a memo by the City Manager. C/Miller stated that recommendations made by GPAC will not necessarily become part of the final General Plan. He explained that the GPAC's recommendations will be discussed at public hearings held by the Planning Commission. The Commission's recommendations, as well as GPAC's, will be discussed during City Council public hearings before final adoption of the General Plan by the Council. CDD/DeStefano stated that GPAC, the Planning Commission and the Council wanted any reference to the golf course removal, or reuse as a mixed-use commercial development project, removed from the General Plan. He explained that of the six references to the golf course in the draft document, five were removed. The sixth reference was intended for removal but was inadvertently overlooked. He verified that a memo was sent to the GPAC from the City Manager directing that the Committee discuss the issue of Tonner Canyon. He announced that GPAC will hold another public hearing on April 9, 1992 to review the General Plan and the final directions and comments that have been provided in the document. Al Rumpilla, 23958 Golden Springs Dr., complained about the installation of political signs by M/Kim prior to the 30 -day limit required by the Sign Ordinance. M/Kim reported that all his signs are on private property which are not bound by the Sign Ordinance. Bruce Black, 4842 Rodeo St., Ontario, a teacher at Chaparral Middle School, invited the Council to attend the first Chaparral Environmental Share Fair on April 28, 1992 from 2 to 5 p.m. Clair Harmony, 24139 Afamado, stated that the City had authorized a study costing approximately $3,500 for the first phase regarding a golf course development in the City some time ago. He asked the purpose of the study and what the results were. He expressed the opinion that the City should pick the lowest bidder for negotiating with on the trash issue rather than negotiating with the highest bidder. He further stated that approximately four of the Mayor's signs are in i^ violation of the Sign Ordinance in that they extend over public right-of-way. M/Kim stated that if Mr. Harmony can give the exact location of the signs, he will make sure they are removed. APRIL 7, 1992 PAGE 3 ACM/Belanger stated that the study referred to by Mr. Harmony was performed by a local economist whose responsibility was to evaluate the market in terms of prospective locations for a golf course in the City. The study took into consideration that the D.B. golf course would remain, that a preliminary proposal for a course in the Phillips ranch area was being considered and a 36 hole course was were being proposed in Tonner Canyon. The report is not yet complete. He further explained that there is no proposal for a golf course in the Sandstone Canyon area. Don Schad, 1824 Shaded Wood Rd., requested that three trees indigenous to D.B. (the California Pepper, Black Walnut and Sycamore), be included in the existing County Tree Ordinance. He further asked that the Tree Ordinance be sent back to staff for revision or modification. Bob Velker, 22060 Cedardale Dr., asked if the General Plan would be approved prior to Tonner Canyon being developed. ACM/Belanger stated that the GPAC will be meeting on April 9 for their final review of the General Plan. The Planning Commission will hold its first public hearing on April 13 and there will be a series of additional hearings to consider the Plan in its entirety. There will be an additional series of public hearings by the City Council to discuss the plan. Development of Tonner Canyon would take place after adoption of the General Plan as the area would have to be annexed to the City. Frank Dursa, 2533 Harmony Hill Dr., asked if M/Kim had permission to place his signs on private property. M/Kim stated that he has contracted with a professional sign company who has a copy of the Sign Ordinance. Ed Littel, 1511 Deer Crossing, complained about the lack of maintenance of the trees along Grand Ave. as well as other areas requiring maintenance throughout the City. He further stated that residents should be allowed the freedom to choose the trash hauler of their choice. Ramona Runkel, 23422 E. Wagon Trail Rd., spoke against the trash issue. Bruce Farnsworth, 536 W. Witcomb, Glendora requested that Council reconsider the Tree Ordinance. ACM/Belanger stated that, at this time, the City has a tree ordinance adopted as part of L.A. County Codes. He further stated that even without an Ordinance, the City can govern the removal of trees through conditions. APRIL 7, 1992 PAGE 4 5. CONSENT CALENDAR: C/Forbing moved, C/Miller seconded to approve the Consent Calendar with the exception of Item 5.18. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 5.1 SCHEDULE OF FUTURE EVENTS: 5. 1. 1 GPAC - April 9, 1992 - 7:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.1.2 Parks & Recreation Commission - April 9, 1992 - 7:00 p.m., City Hall, 21660 E. Copley Dr., Ste. 100 5.1.3 Traffic & Transportation Commission - April 9, 1992 - 6:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.1.4 Planning Commission - April 13, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. First General Plan Public Hearing 5.1.5 Planning Commission - April 20, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr., General Plan Public Hearing 5.1.6 City Council Meeting - April 21, 1992 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.1.7 Planning Commission - April 27, 1992 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. General Plan Public Hearing 5.2 APPROVAL OF MINUTES - Regular Meeting of March 17, 1992 - Approved as submitted. 5.3 WARRANT REGISTER - Warrant Register dated April 7, 1992 in the amount of $585,449.41 - Approved as submitted. 5.4 TREASURER'S REPORT - Month of February, 1992 - Received and filed. 5.5 PARKS & RECREATION COMMISSION MINUTES - 5.5.1 Regular Meeting of February 13, 1992 - Received and filed. 5.5.2 Study Session of February 20, 1992 - Received and filed. 5.5.3 Regular Meeting of February 27, 1992 - Received and filed. 5.6 PLANNING COMMISSION MINUTES 5.6.1 Regular Meeting of February 10, 1992 - Received and filed. 5.6.2 Regular Meeting of February 24, 1992 - Received and filed. 5.6.3 Regular Meeting of March 9, 1992 - Received and filed. APRIL 7, 1992 PAGE 5 5.7 TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Adjourned Regular Meeting of February 27, 1992 - Received and filed. 5.8 BI -WEEKLY STREET SWEEPING EVALUATION - Received and filed. 5.9 DENIED RESOLUTION NO. 92 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING TENTATIVE PARCEL MAP NO. 22102, A REQUEST TO DIVIDE A 4.39 ACRE PARCEL INTO TWO LOTS AT 1575 VALLEY VISTA DRIVE WITHIN THE CM-BE-U/C ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF - Returned to Planning Commission for preparation of Development Agreement and revised map at request of applicant. 5.10 ADOPTED RESOLUTION NO. 92-09: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GOLDEN SPRINGS DRIVE/SYLVAN GLEN ROAD DRAINAGE SYSTEMS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 5.11 ADOPTED RESOLUTION NO. 92-10: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND —' SPECIFICATIONS FOR CITYWIDE STREET TREE SERVICE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 5.12 STORMWATER DISCHARGE PERMIT - Approved participation as Co -Permittee under the current L.A. County NPDES Permit No. CA0061654. 5.13 EXONERATED GRADING BOND CASH DEPOSIT - 23504 Ridgeline Rd., Tract No. 30091, in the amount of $1,610 posted for grading. 5.14 ADOPTED ANNUAL LANDSCAPING MAINTENANCE ASSESSMENT RESOLUTIONS: OLUTION OF THE CITY COUNCIL OF 5.14.1 NO. 92-11: A RES THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992-93. 5.14.2 NO. 92-12: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992-93. APRIL 7, 1992 PAGE 6 5.14.3 NO. 92-13: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENTS THEREON FOR FISCAL YEAR 1992-93. 5.15 ADOPTED RESOLUTION NO. 92-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE LOSS OF PROPERTY TAX REVENUE - AB 3214. 5.16 ADOPTED RESOLUTION NO. 92-15: A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE FURNISHING OF CONCESSION STAND ADDITION AT THE CARLTON J. PETERSON PARK, LOCATED AT THE SOUTHEAST CORNER OF SYLVAN GLEN DRIVE AND GOLDEN SPRINGS DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 5.17 CALLED FOR REVIEW REGARDING AMENDMENT TO CUP 89-551 FOR PROPERTY LOCATED AT 800 S. GRAND AVENUE (54 -UNIT APARTMENT COMPLEX). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.18 AWARD OF CONTRACT FOR CODIFICATION OF CITY'S ORDINANCES - Following discussion, staff was directed to obtain further information regarding prospective costs for freight, sales tax and software and to obtain more details regarding the proposed software purchase and time for completion of the Code. 6. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES, ETC. 6.1 CERTIFICATE OF RECOGNITION - C/Werner presented a Certificate of Recognition to Evan Ray for participation in the regional competition for the 1992 U.S. Jr. Olympics. 6.2 PRESENTATION - Anne Stephens, representing Supervisor Deane Dana and the Board of Supervisors, presented a Certificate of Appreciation for the City's involvement in the East San Gabriel Valley Anti -Gang Advisory Task Force. She further stated week April 6 - 10, 1992 is "Safe Communities Week" and that T-shirts would be delivered to the Council the next day. MPT/Papen advised that votes were secured to approve SB1718, a bill carried by Senator Hill for the Cities of D.B. and Industry, for acquisition of land to build the high school in the Pomona Unified School District. It is expected to pass through the Assembly by June 30 and the land for the high school could then be transferred to the School District for $1.00. She further reported that APRIL 7, 1992 PAGE 7 approximately 1 1/2 years ago, the City hired the Claremont McKenna Clinics to survey and assess how LAFCO applied the law regarding distribution of property taxes to new cities. The study stated that LAFCO had underestimated the City's share by about 74%. The City filed a lawsuit on the matter and has been working with Senator Davis on SB1406, which will go before the Senate Local Government Committee on April 8. She and the City Manager had been in Sacramento to discuss the matter with members of the Committee. If the Bill does not pass, the City is estimated to lose approximately $18.9 million over the next ten years. RECESS: M/Kim recessed the meeting at 7:30 p.m. RECONVENE: M/Kim reconvened the meeting at 7:48 p.m. 7. OLD BUSINESS: 7.1 MUNICIPAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES CONTRACT - C/Forbing excused himself from discussion of this matter due to a potential conflict of interest. ACM/Belanger stated that Council previously directed staff to evaluate data provided by Community Disposal, Waste Management and Western Waste regarding their capabilities. At the meeting of March 17, staff was asked to better clarify a matrix of the data. Following clarification of the data, he recommended that staff be authorized to enter into negotiations with Western Waste Industries for an exclusive franchise. He further recommended that the negotiated rates be lower than those currently charged. C/Werner felt that the rate and service data should each rank 50% rather than the 10% and 5% listed on the matrix. ACM/Belanger stated that although the rate factor is important, it was not considered a primary factor in evaluating the companies. The following members of the public spoke in opposition to the recommendations and expressed a desire for freedom to choose their hauler: Red Calkins, 240 Eagle Nest Dr. Al Rumpilla, 23958 Golden Springs Dr. Frank Dursa, 2533 Harmony Hill Dr. Ed Knowles, 22818 Beaverhead Dr. sue Sisk, 1087 Flintlock Chilly Borromeo, 150 Cottonwood Cove Jack Katowski, 1856 Kiowa Crest Dr. APRIL 7, 1992 PAGE 8 Nancy Villalobos, 23910 Decorah Rd., representing Diamond Point I Swim/Racquet Club, felt that the City should have open bids with consideration of: 1) number of years in service and the dollar amount; 2) willingness to sign a contract that a) regulates the monthly dollar amount with discounts for seniors and handicapped; b) services to be provided, including hard to handle items and number of bins available; c) a cap on the rate increase during the contract term; d) reasonable length of time; e) compliance with AB939. There should also be an understanding that if 40% of the community is dissatisfied, the contract will be discontinued and the second runner-up will continue for the remainder of the term. Consideration should also be given to award of a second contract for recycling. Lloyd E. Duncan, Montefino Homeowners Assn., opposed the franchise and suggested that the rate be adjusted down to $5.50 and tied to tonnage rates as an exact pass through with no precentage increases. If it is done through cost of living, it should be done through Federal District 11 funds. Sally Littel, 1511 Deercrossing, asked for an open public hearing on this issue. Richard Smiley, management agent for 8 homeowners' associations in the area, asked that the bidding continue to be open. George Wheelwright, 23433 Stirrup Dr. stated that he had received a flyer regarding the haulers involved in this process and that he had changed from Waste Management to Western Waste due to poor service. C/Miller gave the correct figures that the Council is considering for residential pick-up and recycling: Community Disposal $9.75; Waste Management $9.50, and Western Waste Ind., $10.81. ACM/Belanger reiterated that the recommendation of the staff is to establish a rate that is lower than currently charged. Following discussion, C/Werner moved to enter into an non-exclusive franchise arrangement with the three waste haulers with staff to negotiate the level of service and bring it back to Council for final approval. Motion died for lack of a second. Following further discussion, C/Werner moved to authorize staff to negotiate with the three companies listed and come back with the best contract. Motion died for lack of a second. APRIL 7, 1992 PAGE 9 C/Werner moved to negotiate with the low bidder, Community Disposal. Motion died for lack of a second. C/Werner moved to authorize staff to negotiate with the second low bidder, Waste Management. Motion died for lack of a second. MPT/Papen moved, M/Kim seconded to direct staff to enter into negotiations with Western Waste Industries and that C/Werner and C/Miller serve as part of the negotiating team. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, MPT/Papen, M/Rim NOES: COUNCILMEN - Werner ABSENT: COUNCILMEN - C/Forbing (abstained) RECESS: M/Kim recessed the meeting at 9:22 p.m. RECONVENE: M/Kim reconvened the meeting at 9:35 p.m. 7.2 AMENDMENT TO COMMISSION -ESTABLISHMENT ORDINANCES CONCERNING THE TIME FOR SELECTION OF A CHAIR AND OTHER OFFICERS: 7.2.1 ORDINANCE NO. 24C (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMEND- ING ORDINANCE NO. 24 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PARKS AND RECREATION COMMISSION - C/Werner moved, seconded by C/ Forbing to read by title only, waive full reading and pass to second reading. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 7.2.2 ORDINANCE NO. 25D (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMEND- ING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION - C/Werner moved, C/Forbing seconded to read by title only, waive full reading and pass to second reading. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None APRIL 7, 1992 8. PAGE 10 7.2.3 ORDINANCE NO. 28C (1989): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMEND- ING ORDINANCE NO. 28 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE TRAFFIC AND TRANSPORTATION COMMISSION - C/Werner moved, C/ Forbing seconded to read by title only, waive full reading and pass to second reading. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None NEW BUSINESS: 8.1 AGREEMENT WITH CALTRANS, LOCAL STREETS & ROADS BRANCH, FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM - C/Forbing moved, C/Werner seconded to enter into an agreement with Caltrans for administration of the Environmental Enhancement and Mitigation Program. Bill Nagle, Landscape Architect for CalTrans, responded to MPT/Papen's question regarding use of reclaimed water by stating that it would be used wherever available. M/Kim expressed concern regarding indemnification requirements in the contract and requested clarification of whether the City would actually be required to assume full responsibility under any circumstances if the State is named as a defendant in a lawsuit. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Forbing, Miller, Werner, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.2 AWARD OF CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICE FOR LANDSCAPE AND IRRIGATION DESIGN FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM ALONG STATE ROUTE 60 - ACM/Belanger stated that the City and CalTrans requested proposals for landscape architecture from firms with previous CalTrans experience. The firm recommended by both City and CalTrans staff was Kobata and Assoc. C/Werner requested that the contract be amended to indemnify the City should litigation take place. C/Werner moved, MPT/Papen seconded to amend the proposed agreement and award the contract to Kobata and Assoc. for APRIL 7, 1992 PAGE 11 agreement and award the contract to Kobata and Assoc. for landscape and irrigation design in an amount not to exceed $19,200. With the following Roll Call vote, motion carried: AYES: COUNCILMEN - Miller, Werner, Forbing, MPT/ Papen, M/Kim NOES: COUNCILMEN - None ABSENT: COUNCILMEN - None 8.3 ACCEPTANCE OF RESIGNATION OF CITY MANAGER AND APPOINTMENT OF ACTING CITY MANAGER - M/Kim stated that CM/Van Nort had recently accepted the position of City Manager for the City of Chino Hills and would resign his position as Diamond Bar City Manager effective May 15, 1992. He further announced that the Council had agreed to appoint ACM/Belanger as Acting City Manager. CA/Arczynski stated that the Council Personnel subcommittee had worked out the details of an agreement with ACM/Belanger for Council approval on May 5, 92. C/Werner moved, MPT/Papen seconded to accept Mr. Van Nort's resignation, with regret. Motion carried unanimously. 9. PUBLIC HEARING: 7:00 p.m. or as soon thereafter as matters can be heard. 9.1 CONTINUED PUBLIC HEARING REGARDING CERTIFICATION OF MASTER ENVIRONMENTAL IMPACT REPORT 91-2 AND APPROVAL OF VESTING TENTATIVE TRACT MAPS 47850, 47851 AND 48487 - M/Kim removed himself from taking part in discussion of this item due to a potential conflict of interest. CDD/DeStefano reported that this matter involved three vesting tract maps for 120 dwelling units on 160 acres located on the back side of The Country at the terminus of Hawkwood, Sugarpine or Steeplechase and generally incorporating property located on Wagon Train at Dot Hill. The Planning Commission recommended approval of the project on November 25, 1991. Following three Public Hearings, Council directed staff to respond to issues ranging from architectural design standards, CC&Rs, geotechnical concerns, environmental issues and others. He further stated that the School District advised that they will seek full development fee entitlements on every development in the District. Further, Walnut Valley Water indicated that there are no future plans for reclaimed water systems in the area and it is not recommended to be incorporated in this project. Tony Loccacia, Manager of Environmental Services, Michael Brandman Assoc., indicated that his firm had been retained by the City to review the applicant's EIR as APRIL 7, 1992 PAGE 12 well as to prepare responses to the comments generated. He further indicated that his firm's revegetation specialist worked with the applicant's landscape architect to add performance standards for mitigation monitoring. Apichart Phukunhaphan, geotechnical engineer with Leighton & Associates, reviewed the project and reported that the geotechnical investigation was determined to be satisfactory for the present stage of the project. In response to C/Werner's question as to whether any portion of the fill or grading on Tract 47850 would extend beyond the confines of the developer's property or to a grading easement that the developer acquired on adjoining properties, Mr. Phukunhaphan indicated that it is not expected to. C/Werner also questioned whether the City would be in a position of risk if there were future failures arising out of the developer's design or review by any of the f irms . Mr. Phukunhaphan stated there would be no risk to the City. CDD/DeStefano reported that, based upon the documents contained in the EIR, the canyon west of subdivision 47850 would need to be partially filled as a result of the necessary buttressing and grading work. The fill of the canyon crosses over the property line and would need grading easements and authority from those adjacent property owners in order to satisfy th requirements of the City before any grading work would be permitted. MPT/Papen opened the Public Hearing. The following spoke in opposition to the project: Bruce Farnsworth, 536 W. Whitcomb, Glendora James R. Roberts, 23627 Bower Cascade William Gross, 21637 Highbluff Rd. Don Schad, 1824 Shaded Wood Rd. Franklin Fong, 3253 Falcon Ridge Rd. Wilbur Smith, 21630 Fairwind Ln. Mary Harmon, 1815 Cliffbranch Dr. David Arajo, 3206 Falcon Ridge Rd. Jack Katowski, 1856 Kiowa Crest Virginia Fong, 3253 Falcon Ridge Rd. Blanca McKye, 3411 Bent Twig In. Eileen Ansari, 1823 S. Cliffbranch Dr., suggested that a guarantee of proper soil compaction be provided for the new development due to her experience with slippage at her own home. Max Maxwell, 3211 Bent Twig Ln., requested a response to concerns he had previously raised. APRIL 7, 1992 PAGE 13 The following spoke in favor of the project: Keith Correia, 1187 N. Diamond Bar Blvd. Jim Flynn, 22790 E. Lakeway Dr., #460 S.K. Agrawal, 2614 Indian Creek Rd. (did not speak) Tinamarie Evans, 1176 Pebblewood Dr. Bill Palmer, 23422 Wagon Trail (did not speak) Lydia Cruz, 2635 Indian Creek Rd. Ramona Runkel, 23422 E. Wagon Trail (did not speak) Norma A. Eustaquio, 24411 St. Ives Ct. Floyd E. McKeehan, 1595 Diamond Bar Blvd. (did not speak) Nina O. Samonte, 21824 Santaquin Dr., (did not speak) Mario Bonaventura, 1655 Bronze Knoll Rd. Dr. Ken Machado, D.C. (letter received) Robert Tomlin, 23721 Meadow Falls Dr. Ed Hilden With no further testimony offered, MPT/Papen closed the Public Hearing for the evening. CA/Arczynski suggested that the hearing be closed for the evening and continue the matter to a date certain to provide staff an opportunity to respond to Council questions --possibly on April 21st. C/Miller moved, C/Werner second to continue the hearing to April 21st. Motion carried unanimously. 10. ANNOUNCEMENTS: MPT/Papen announced that the City's 3rd Anniversary Celebration would be held April 25, 1992 at Sycamore oresCanyon Park from 12 to 4 p.m. Entertainment, games a hments will be available. 11. ADJOURNMENT: adjourned the With no further business to conduct, MPT/Papen 7 meeting at 11:56 p.m. 4' LYNDA BURGESS, City Clerk Ammrcm-