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HomeMy WebLinkAbout10/04/1994 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL REGULAR 1[EETING OF THE CITY OF DIAXOND BAR OCTOBER 4, 1994 1. CALL TO ORDER: M/Werner called the meeting to order at 7:08 p.m. in the AQMD Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by M/Werner. ROLL CALL: Council Members Ansari, Miller, Papen, Mayor Pro Tem Harmony and Mayor Werner. Also present were Terrence L. Belanger, City Manager; Frank Usher, Assistant City Manager; Michael Montgomery, Interim City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and Lynda Burgess, City Clerk. 2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATES - 2.1 M/Werner proclaimed October 9-15, 1994 as Fire Prevention Week. Chief Lockhart, L.A. County Fire Department, thanked the City and accepted the Proclamation. 3. PUBLIC CORKENTS: Red Calkins, 240 Eagle Nest Dr., reminded the Council of the First Amendment and stated that he felt his rights had been violated at the last Council meeting. Dr. Lawrence Rhodes requested a name change from Multi -Cultural & Human Resources" committee to "Multi -Cultural" committee only. He indicated that the committee adopted a four -face, multi -colored logo indicating the races involved. He requested that business cards be available for the committee with the City logo and the Committees logo including the multi -languages on the back of the card. M/Werner advised that this would be discussed by the Council and requested that a report be completed by the Committee advising the Council of their status and the effectiveness of the Committee. Wilbur Smith, 21630 Fairwind Ln. commented on several citizens sending degrading messages to other citizens through the "City -On -Line" and not keeping it City business. Frank Dursa requested receipts from C/Papen for her Palm f Springs meeting to be submitted to the Finance Committee. He also commented on a meeting that M/Werner attended that cost $30.00 yet he cannot get an explanation for that meeting. He advised that there is a consent calendar item in the amount of $10,000 for voice mail and questioned if it was worth it. OCTOBER 4, 1994 PAGE 2 Barbara Beach-Courchesne, 2021 Peaceful Hills Road, expressed anger at the use of "City -On -Line" and asked what dollars cover the phone hook-ups. If it's the taxpayers money, she wants it turned off. She advised that she does not want to see the citizens of Diamond Bar using the "City -On -Line" inappropriately. Jim Paul, 1269 Ahtena Dr., inquired about landscape District No. 38 and asked when the landscape will be started on Golden Springs Rd. Terry Birrell advised that she had attended Finance Sub - Committee meetings for six months and noted numerous deficiencies in the accounting system and the management of tax dollars. Steve Nice, Rising Star Dr., questioned why the City is going through the procedure of finding an attorney when Mr. Montgomery has been doing a superb job as City Attorney. He suggested that Council persons look up AB 2522. He stated that the contested signatures on the recall petitions had not been received by the registrar of voters for recertification and asked the Council to verify the status. Norman Beach-Courchesne, 2021 Peaceful Hills Rd., questioned the decision on what the City was going to do with the Prop A money. RECESS: M/Werner recessed the meeting at 7:40 p.m. RECONVENE: M/Werner reconvened the meeting at 7:50 p.m. 3. PUBLIC COMMENTS (CONT'D.): M/Werner asked staff to respond to the questions raised. CM/Belanger advised that the "City -On -Line" sub -committee is responsible for providing advice to the Council as to the use of the system; the first report would be made soon; a contract had been awarded and construction will begin on Oct. 10, 1994 for the District 38 landscape median; regarding the status of the recall litigation, he stated that current information is privileged information but that the hearing had been continued to Oct. 31, 1994. He advised that the Prop'A exchange with Lancaster was approved at the last meeting and reiterated that Prop A funds are only transit/transportation funds and are generally available for use for transportation programs/ systems only. He indicated that Moreland & Assoc. was retained by the City to specifically evaluate the City's procurement and cash disbursement procedures. Staff prepared comments to the Moreland report and will review the comments with the Council. OCTOBER 4, 1994 PAGE 3 4. COUNCIL COMWMB: C/Papen asked if the Council adopted a purchase ordinance in 1989; is it still in effect and did the Moreland report discuss 11 purchase orders pulled from the 1993 Warrant Register. CM/Belanger advised that staff had answered the Moreland Report and would suggest that it be discussed during Closed Session. He also advised that the Moreland Report reviewed more than 10 transactions. C/Papen commented on how well the City has done in just five years --the City has gone from zero funds to millions in reserves. She expressed concerns regarding public raising questions and second guessing the Council. She advised that the Council has never been required to turn in receipts for prepaid events and that the City prepaid her Palm Springs stay to the owner of the condo, not her, but that she did turn in receipts for meals, etc. which were under $100. She went on to thank all of the volunteers and committees who helped with the Ranch Festival parade and Festival. MPT/Harmony thanked the many people in D.B. for their prayers for his successful surgery. He also thanked the people of D.B. for requesting the Moreland Report and Steve Nice for inputting it on City -On -Line. He commented on the Chair and how he has conducted Council meetings. C/Ansari answered Ms. Birrell's question regarding the $304,000 warrant register entry without a purchase order; she explained that the fee is a contract service for Sheriff services. She thanked all the people and staff that participated in the Ranch Festival and congratulated its success. She advised that the City recently lost a long-time resident, Herbert Hearst, who was very involved in scouting efforts, and expressed sympathy to the family. M/Werner advised that the American Red Cross, Pomona Valley Chapter, will hold a fundraiser on October 16, 1994 at the Western Connection. He responded to Mr. Dursa's comments and the lunch meeting by explaining that the meeting was with the W.V.U.S.D. He commented on City -On -Line comments and concerns --the City has had growing pains with getting acclimated with the new system. He thanked the volunteers and staff for all of their work on the Ranch Festival. He then requested Council's consent to lift the veil of the Moreland Report as well as the staff response in order for the public to receive and review those documents for discussion at the next meeting. C/Papen recommended that staff's response to the Moreland Report asked include copies of the 1989 Purchase Order OCTOBER 4, 1994 PAGE 4 Ordinance as well as the draft Purchase Order Ordinance that the Finance Committee had been working on along with a comparison of the two ordinances in order that the people have all of the facts. M/Werner suggested that this information should be put on City -On -Line and be available by fax. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - October 10, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - October 13, 1994 - 7:00 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 5.3 PLANNING COMMISSION - Final General Plan Review - October 17, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley 5.4 CITY COUNCIL MEETING - October 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Miller moved, MPT/Harmony seconded to approve the Consent Calendar with the removal of Items of 6.3 and 6.7. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, Papen, Miller, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 CITY COUNCIL MINUTES: 6.1.1 Regular meeting of July 5, 1994 - approved as submitted 6.1.2 Regular meeting of July 19, 1994 - approved as submitted 6.1.3 Regular meeting of August 2, 1994 - approved as submitted 6.2 PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular meeting of July 28, 1994 - received & filed 6.2.2 Regular meeting of August 25, 1995 - received & filed 6.4 TREASURER'S REPORT - Received & filed Treasurer's Report for the Month of June, 1994. 6.5 REJECTED CLAIM - Filed by Emma L. Tortorici on September 8, 1994 - Referred matter for further action to Carl Warren & Co., the City's Risk Manager. 6.6 RELEASED GRADING BOND FOR CASH BOND POSTED FOR 2920 WAGON TRAIN LN. - Declared the obligations under OCTOBER 4, 1994 PAGE 5 this bond null and void and released the cash bond posted in the amount of $21,600. 6.8 AWARDED CONTRACTS FOR MINUTE SECRETARY SERVICE - Authorized the City Manager to contract for Minute Secretarial Services to Geiger Professional Services for Minute Secretary service for City Council and Planning Commission meetings for a total of $16,000; and with Carol Dennis for Parks & Recreation and Traffic & Transportation Commission meetings for $4,000 for the period of October 1, 1994 to June 30, 1995, with a one-year renewal option for the City. 6.9 JOINT USE AGREEMENT WITH POMONA UNIFIED SCHOOL DISTRICT - Approved the Joint Use Agreement with the Pomona Unified School District and authorized the City Manager to sign the Agreement. XXTTERB •ITBDRAWN FROM CONSENT CALENDAR: 6.3 VOUCHER REGISTER: M/Werner stated that he had removed this item for discussion because of questions raised at the Finance Sub -committee meeting. CM/Belanger reported that the Finance Sub -committee asked staff to review the manner in which other Cities deal with law enforcement contracts. 20 cities were surveyed, 18 of which do not prepare purchase orders for law enforcement services, they base expenditures on the contract amount. Two cities prepare P.O.s based on the contract amount. He advised that the Sheriff's contract is a line item in the budget for Sheriff's services and the amount is the estimate provided by the Sheriff's Department before the beginning of the fiscal year. Those charges related to law enforcement services are then charged on a monthly invoice basis to that cost center. He explained that the purpose of a P.O. is for the work that needs to be done with a certain service contractor at an agreed amount. He also advised that in some rare cases, P.O.s are not completed until after the service has been provided. In regard to voice mail, he stated that in order to keep costs down with clerical help just taking messages, staff recommended that the Council consider an electronic mechanism for taking some of the burden of message -taking from the clerical staff and free them to do more productive kinds of work without taking away from the public an ability to provide messages to City staff. MPT/Harmony commented on there being no competitive bids on the voice mail system. OCTOBER 4, 1994 PAGE 6 CM/Belanger explained that the City has an inter- connecting switch to the electronic switching system to the GTE network system (Northern Telecom) and in talking with other voice mail users, if the voice mail system is not compatible with Northern Telecom, it can cause warranty and maintenance problems. He also advised that the net cost for the system is $7,700; as a part of the overall purchase of the system, there was a discount of $2,000 as a rebate from Northern Telecom. He explained that the reason for the non-competitive nature of the bid is due to the low number of vendors who sell Northern Telecom products. MPT/Harmony expressed concern with not getting competi-tive bids as part of the legal requirement of Ordinance No. 20. He stated that he had received a fax that explains that there are better systems and they are compatible. MPT/Harmony moved that the voice mail item be removed from the Warrant Voucher and require staff to get competitive bids. Motion failed due to lack of second. C/Papen advised that MPT/Harmony had been a part of the approval process in past meetings for the voice mail. She expressed concern in that MPT/Harmony is now coming forward requesting to go out for bid after the equipment was already budgeted. She advised that under Ordinance No. 20 (1989), Section 24, Supplies and Equipment Under the Amount of $10,000, formal bids are not required. MPT/Harmony commented on the authorization which was the approval of the budget which is an allocation of appropriated money. M/Werner asked staff if there were verbal or written solicitations for other bids for the voice mail system and if it was acquired properly through procedures established by the City. CM/Belanger advised that this was accomplished through procedures set forth in Ordinance 20. He reported that there wasn't a wide solicitation of proposers; Northern Telecom was selected as the provider; GTE was engaged because of their already existing lease agreement for the switch and other benefits through consolidation of the switch and the voice mail, which will save approximately $500 a month in current telephone leasing fees. M/Werner asked if the equipment had been purchased and installed. OCTOBER 4, 1994 PAGE 7 CM/Belanger advised that the equipment had been purchased but not installed. He suggested that the matter be withdrawn so he may provide a written report that will discuss all aspects of the purchase. M/Werner requested that MPT/Harmony give all information collected by him to staff for their review. C/Papen objected to withdrawing the matter from the voucher register in that staff followed proper procedures and because the purchase was approved in the budget. C/Papen moved, C/Ansari seconded to approve the Voucher Register dated October 4, 1994 withholding the voice mail item until the next meeting. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, /Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.7 DIAMOND BAR BLVD. RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND BREA CANYON ROAD - MPT/Harmony asked if staff identified any projects that would be included for change orders. CM/Belanger advised that this was put in there so there is no confusion as to what the City Manger's authority is regarding added or deducted change orders and there's no confusion to the contractors as to what the City Manager's authority is. MPT/Harmony moved, C/Ansari seconded to award a construction contract to Griffith Co. in an amount not to exceed $1,064,666.05, authorize up to $15,000 for construction inspection services to Dewan, Lundin & Assoc. and provide a contingency amount of $100,000 for project change orders to be approved by the City Manager, for a total authorization amount of $1,179,666.05. for reconstruction/rehabilitation of Diamond Bar Blvd. between Grand Ave. and Brea Canyon Rd. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None OCTOBER 4, 1994 PAGE 8 7. PUBLIC RZARINGS: 7.1 RESOLUTION NO. 94-47: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING AN EXTENSION OF TIME, PURSUANT TO SECTION 65361 OF THE CALIFORNIA GOVERNMENT CODE, FOR THE ADOPTION OF A CITY GENERAL PLAN - CM/Belanger advised that the Governor's office provided an extension through October 31, 1994 for the City to complete its initial General Plan. He advised that the purpose of the Public Hearing is to request a further extension. M/Werner opened the Public Hearing. Wilbur Smith, 21630 Fairwind In., questioned whether there was still consideration for the General Plan being placed on the ballot. He advised that he wants to see the Council give an explicit explanation and reasons for the extension. Barbara Beach-Courchesne opposed the extension because GPAC was only given until June 30, 1994 for review in order for this issue to be placed on the ballot. With no further testimony offered, M/Werner closed the Public Hearing. M/Werner advised that his preference was to pursue a ballot measure and that he too did not want to see another extension; however, it was felt by the Council that there was not enough time for a thorough review. In response to MPT/Harmony's question, CM/Belanger stated that the likelihood of the State granting another extension was very good. ICA/Montgomery advised that there are two ways to put the issue on the ballot: 1) put it on for adoption; 2) adopt the General Plan on an interim basis with expiration on the date of the next election, thereby giving the voters a right to extend it or let it run out. In response to M/Werner, ICA/Montgomery advised that the Planning Commission should be finished with the General Plan on October 18, 1994. C/Papen expressed concern that staff suggested a public vote on the General Plan without discussing the matter with Council first. It was moved by C/Papen, seconded by C/Miller to OCTOBER 4, 1994 PAGE 9 adopt Resolution No. 94-47 requesting an extension of time for the adoption of a General Plan. Motion carried unanimously by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Miller, Papen, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUBI1TE8B: 8.4.1 (A)RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF HILLSIDE MANAGEMENT ORDINANCE CONDITIONAL USE PERMIT FOR LAND FORM MODIFICATIONS AND OAR TREE REMOVAL PERMIT INVOLVING THE REMOVAL OF 276 COAST LIVE OARS WITH REPLACEMENT BOTH ON AND OFF THE PROJECT SITE ASSOCIATED WITH THE DEVELOPMENT OF VESTING TENTATIVE TRACT MAP NO. 32400, LOCATED WEST OF HREA CANYON ROAD AND NORTH OF PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF Continued from September 20, 1994. 8.4.2 (B) RESOLUTION NO. 94 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT SCH NO. 92081040 AND APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 32400, TO DEVELOP A 91 UNIT SUBDIVISION, LOCATED WEST OF BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF (APPLICANT ARCIERO & SONS) - CDD/DeStefano reported that at their last review of the project on July 5, 1994, Council requested draft resolutions be prepared for approval of the project. He commented that the focus is on changes proposed by staff which differ from what was presented to the Council or the Planning Commission. He recommended that the Council approve the 91 unit project and adopt the appropriate resolutions approving Vesting Tentative Tract 32400, the conditional use permit, the oak tree OCTOBER 4, 1994 PAGE 10 removal permit and re -certification of the environmental impact report with specific findings and conditions for this project. CM/Belanger advised that this is not a public hearing but a deliberation of the maps that the Council asked staff to bring back. ICA/Montgomery confirmed that the Public Hearing is closed. He advised that public comments are okay. Jan Dabney, consultant for Arciero & Sons, advised that there are three possible scenarios for grading the project for the lots but the three scenarios represented are not sponsored by the developer. They were prepared as information as part of a use consideration for the City and the W.V.U.S.D. He explained that top priority is keeping all of the grading for the entire project under Arciero ownership within the limits of the project, and tract approved by the City Council. He advised that by keeping the 91 lots available on the existing tract and doing the necessary grading to the canyon floor and along Brea Canyon Rd., this can accomplish the necessity of keeping all of the grading entirely enclosed `on the Arciero ownership; however, it does eliminate the possibility of a road to the School District across the two specific lots 92 and 93. He expressed concern with staying in compliance of the vesting map. He advised that under this grading scenario, without the additional improvement to the lot, a portion of the site would have to be modified approximately five feet, the change of elevation of five feet on the site does not increase or decrease the actual availability of the 91 lots proposed; however, the pad elevation will change. He explained the second plan allows a — road to come through lot 92 and 93 and go to the SchoolDistrict but does not create a padded site for those two lots that were proposed to be transferred to the City. He advised that this plan is extended over to the northeast ownership OCTOBER 4, 1994 PAGE 11 of the School District property to accommodate the road and this specific alignment is not the recommended alignment to the School District but this alignment is what it takes to meet the grading requirements to get to Larkstone. The grades have been kept under 10%. He advised that there are two existing grading easements granted by the School District to Mr. Arciero to accommodate necessary slopes to make the original pads work for this project. He advised plan three would develop the pads on lot 92 and 93 and accommodating on City property or Arciero property a half -width street improvement across that property, this piece also reflects coming across a corner of the School District property. He advised that the road coming across the School District property is the entrance grade to the subdivision is 1-1/2% which is less than the cross fall on your sidewalk. In response to M/Werner, Mr. Dabney advised that plan two and plan three were being taken under consideration by the School District. MPT/Harmony asked what the environmental impact would be and how many oak trees would be lost. Jan Dabney reported that it is only those additional considerations for access to the school that are not specifically beneficial to Arciero and the additional grading of the two city pads that would cause additional environmental damage. C/Ansari questioned staff what map was approved on July 5, 1994. ICA/Montgomery read the motion from July 5, 1994 indicating C/Ansari moved and C/Papen seconded to approve vesting map 32400. CDD/DeStefano stated that on that evening, the Council was looking at a number of different alternatives and that he recommended that one of those alternatives should be looking at an Arciero-only development. He repeated Mr. Arciero's stated desire for a OCTOBER 4, 1994 PAGE 12 decision on his application of record, which was the 91 unit project. C/Papen expressed concern over the designation of lots 91 and 92 when the property is re -sold. If this property is owned by a public agency, then it should be consistent with the other land use designation. CDD/DeStefano explained that zoning of the Water District property has been the same as the adjacent Arciero property and that is the single family classification. He advised that the City property would be zoned residential. ICA/Montgomery advised that if there is an inclination that Council indicate a zone for that property without a public hearing upon approval of Arciero's project, by all four votes, the City could adopt an interim zoning ordinance which is good for 45 days, then it could _ be extended. C/Papen also expressed concern that the City has to plan for a road from Brea Canyon because she wants to see traffic eliminated on Lemon Ave. and Larkstone. She commented that the school cannot have more than 1200 students unless they have another access from Brea Canyon. She explained that she was not sure that the City should accept lots 92 and 93, perhaps they should go to the school district and the City gets eight or ten acres,' useable for compensation for Larkstone Park and use. Frank Arciero, Arciero & Sons, Inc., commented on the alternatives that were presented by Mr. Dabney and that they are not alternatives that Arciero & Sons were sponsoring. . He indicated that the project will include a private resi- dential community and asked Council to eliminate the condition for a reclaimed water system, which Walnut Valley Water District has indicated is unnecessary. He asked that the hold harmless clause requirement be left out as well as the condition that two access roads be provided when one road is enough for the 91 lots. He explained that if this is a OCTOBER 4, 1994 PAGE 13 condition that the City will not budge on, then the 2nd access road should be used as emergency access and be paved without gutters, etc. He commented that his proposal would include combining conditions 7, 8, 9, 10 and 11 with a replacement of 85% or 470 15 gal. trees, 72 24" boxes and 11 60" boxes and a cash check to Parks & Recreation in the amount of $25,000 for any purpose. Pantera Park will get 350-400 trees and the balance can be accepted at Peterson Park. He felt that he shouldn't be responsible for grading of an additional road to the school district. He expressed concerns in regard to the liability exposure regarding exhibit B, page 7, item 23 that the general public is allowed to go onto his property and collect vegetation. C/Papen commented that on all three maps there is a secondary access to the school. Mr. Arciero advised that map 1 does not show an access road but maps 2 and 3 do. Anne Flesher, 20647 Larkstone, expressed anger and concern regarding traffic traveling on Larkstone Dr. and indicated there should be a secondary access road. Don Schad, 1824 Shaded Wood Rd., asked why, if the school now owns the RnP property, is it still under the agenda and why is Arciero going to remove the small hills and if so, how will he cross the stream. He also commented on the undisturbed nature around the school for the children and their education and to enjoy. He recommended that Mr. Arciero be allowed to develop on his property. Norman Beach-Courchesne, 2021 Peaceful Hills Rd., stated that the school was built where it should not have been. Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., acknowledged that Mr. Arciero has the right to build but expressed concern over the hills that would be destroyed and indicated that Arciero & Sons promised to keep the land undeveloped. She stated that the Pathfinder Homeowner's Assn. will OCTOBER 4, 1994 PAGE 14 reinstate their lawsuit if either the School District or the City reneges on not approving the South Pointe Master Plan. C/Ansari expressed concern with on the roads shown on the new maps and that the Council and staff have not had time to review them. Staff advised that they had not seen the maps before this time. Mr. Arciero asked Council to act on his project but not the three new maps. M/Werner asked Mr. Arciero if Council approved his map without the road options, would it foreclose the opportunity for the road. Mr. Arciero answered no because there are other conditions that he must complete. M/Werner asked staff if conditions of approval sufficiently tie the developer to one option or another in terms of the road. CM/Belanger advised that the intent of the conditions was to require the developer to be a part of the creation of the -roadway to the school and that condition is satisfied without being specific as to the location. M/Werner asked the City Engineer if the map is approved with conditions, then final maps would be submitted including road improvement plans --when would the City then need to render a decision of road options for secondary access to the school. He reiterated that the map can be a separate item from the road options that Mr. Dabney presented. MPT/Harmony commented on the School District having a negative history with dealing with Mr. Arciero. He also -- commented on it being a very bad strategy to proceed without considering the.whole project including the grading that the developer needs to complete. He advised that Arciero's project can be tailored down and made workable and put the road OCTOBER 4, 1994 PAGE 15 through the Arciero property. There shouldn't be a public hearing until the Council and staff can discuss the issues and there shouldn't be any approval until this can be done. C/Papen advised that the Council needs to review the Conditions of Approval, make changes as deemed necessary and then approve them. She suggested that the Council discuss whether this will be a private community or not. M/Werner agreed that the Council needs to go through the conditions and asked whether the Council would concur to hold a special meeting regarding the issues requested by the applicant and dealing with the map and the road access separately. C/Papen advised that she would like to deal with the issues separately but limit the issues to only those that have been brought up by the applicant and the public. Regarding Page 7, item 20 of the Conditions of Approval, she stated that a pedestrian access should be accomplished from Rapidview Dr. to the School District site and suggested deletion of the first five lines of the paragraph and adding a requirement that a pedestrian access be provided from Rapidview Dr. to the school site; on Page 13, item 32, she recommended deletion of the requirement for a homeowner's association because there are no recreation facilities. She suggested consideration of the formation of a landscape maintenance district as in other areas instead of a homeowner's association; on Page 14, items 41 and 42, she agreed that the commercial notation should be deleted but was concerned that if the City buys it, what would the designation be. On Page 5, item 38, she asked that the dollar amount be stricken because of the new traffic study and asked if the issue, of the six oak trees removed without permits had been dealt with. She expressed concern about the map and that the proposed road is on City property --the road should be put on their property --the City should be compensated. OCTOBER 4, 1994 PAGE 16 MPT/Harmony asked for responses by the public in writing before the next meeting. He stated, for the record that, in regard to Tentative Tract Map No. 32400, tentatively zoned R1 15,000, that he was concerned over how a development map and/or agreement could be approved when the City doesn't have a General Plan. He advised that the project is subject to the hillside maintenance ordinance according to the City Attorney even though the application was filed previous to adoption of the ordinance. He asked the City Attorney if the Council would have authority to modify the existing tract, re -design it and influence how it's to be configured on the hillsides and into the canyon. ICA/Montgomery advised that he could not give an answer but would come back with one. He also advised that Mr. Arciero received the 91 parcel approval by the Council. With consensus of Council and Mr. Arciero, the matter was continued to October 18, 1994 at 5:30 p.m. 9. NNW BUSINESS: 9.1 AWARD OF CONTRACT FOR ENVIRONMENTAL SERVICES FOR VESTING TENTATIVE TRACT MAP NO. 47850 - CM/Belanger recommended contracting with Michael Brandman & Assoc. to provide environmental review and assessment of the environmental documentation for VTM 47850 and to provide mitigation monitoring report services related to VTM 47850 in the amount of $34,000. He also advised that the developer has posted 12% of the contract amount. Wilbur Smith, 21630 Fairwind Ln., expressed concern regarding the schedule and that there is not much time alloted for public hearings and would like to see public hearings increased. ACM/Usher advised that schedules proposed for the options provided by the consultant are estimates. He advised that once the consultant is assigned the project, a thorough evaluation of the existing environmental documentation will be needed along with consultation with staff and from all. MPT/Harmony reported that he planned to participate in this discussion and vote now that his OCTOBER 4, 1994 PAGE 17 self-imposed abstention from participation under Prop 73 guidelines time limits have passed. C/Ansari moved, C/Papen seconded to award a contract for environmental services for Vesting Tentative Tract Map No. 47850 to Michael Brandman & Assoc. in the amount of $34,000. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Miller, Ansari, Papen MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS (CONTYD.): 8.1 DISCUSSION RE RESOLUTION NO. 94-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RE: NO LEGAL DEFENSE OF COUNCIL MEMBERS - Continued to October 18, 1994. 8.2 RESOLUTION NO. 91-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION - Continued to October 18, 1994. 8.3 CITY COUNCIL. SUB -COMMITTEES - Continued to October 18, 1994. 8.5 TENTATIVE TRACT NO. 51253, CONDITIONAL USE PERMIT NO. 92-12, AND OAK TREE PERMIT NO. 92-9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 (APPLICANT: SASAK CORPORATION) - Continued to October 18, 1994. 10. ANNOUNCEKENTS: None 11. ADJOURNMENT: With no further business to conduct, M/Werner adjourned the meeting to 5:30 p.m. LY DA BURGESS, City Clerk