HomeMy WebLinkAbout05/16/1995 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 16,1995
1. CALL TO ORDER: MPT/Werner 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 MPT/Werner.
ROLL CALL: Council Members Ansari, Harmony,
Miller, and Mayor Pro Tem Werner. Mayor Papen was excused.
Also present were Terrence L. Belanger, City Manager; Frank Usher,
Assistant City Manager; Michael Jenkins, City Attorney; George Wentz,
City Engineer; Bob Rose, Community Services Director; James
DeStefano, Community Development Director and Lynda Burgess, City
Clerk.
2. SPECIAL PRESENTATIONS, PROCLAMATIONS, CERTIFICATIONS,
ETC.:
None.
3. PUBLIC COMMENTS: Elizabeth Hodges, 1604 Morning Sun,
asked the Council to do something about the water line breakage in her
area caused by the landslide behind her home.
Mike Collins, 1612 Morning Sun, stated that there is a definite safaty
problem because of the hill's slide. He advised that the hill is moving
approximately one to two inches per day and asked the Council for
immediate testing. He expressed concern that the main gas line may
break, that fire protection may not be possible because the fYdrants are
out of service, and that a 2" temporary water line does not adequately
accommodate 10 homes. He displayed photos evidencing the movement
of the land and gave copies to the City Clerk.
Barbara Beach-Courchesne, 2021 Peaceful Hills Rd., requested the City
to inform homeowners of any decisions that will impact their property,
specifically items 8.1 and 8.2.
Oscar Law, 2150 PaWindL,-, advised that Karl Rosen is aware of a
proposal writer that will support the City in its desire for a 10,000 sq. ft,
senior citizen building. Further, there are builders with land holdings off
of Golden Springs that would consider donating it to the City for this
purpose. He requect..r+ the City Marcger to contact the above persons to
get this project under way.
Dr. Lawrence Rhodes, Fiber Ct., expressed concern that the government
MAY 16, 1995 PAGE 21° }i
IG��Iy'I
is increasing HUD housing rent to renters when properties are worth less.
He requested the City to look into this problem.
Dr. Corigliani requested that developments 1 and 61 in the Summit Ridge
area be stopped and not continued.
Nellie Reyes, 1728 Morning Sun, stated that she had never experienced
any damage or movement of the hillside until the Patel development
started construction. She introduced pictures of her property and
property damage to her fence, jacuzzi and block wall. She advised that
her hillside has moved considerably andexpressed concern regarding
her pool, equipment and gas lines. She asked the City to discontinue the
development project until the County can approve it.
Terry Birrell requested that the minutes reflect all of the Morning Sun
residents' commer)ts and concerns. She expressed concern that the
Council changed land use element 1-18 issues specifically outlining
commercial development without GPAC consideration. She disagreed
with the Mayor's Notes in the May issue of the Windmill.
Max Maxwell, 3211 Bent Twig Ln., agreed with Terry Birrell's comments
and expressed concern with Council being able to change the General
Plan.
MPT/Werner moved item 8.1 for the next topic of discussion.
8. OLD BUSINESS
8.1 (A) RESOLUTION OF NO -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY, OF DIAMOND BAR APPROVING THE
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT''
(SCH NO. 92081040) AND APPROVAL OF TENTATIVE TRACT
MAP NO. 51253, TO DEVELOP A 21 UNIT SUBDIVISION,'
LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF
PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND
MAKING FINDINGS IN SUPPORT THEREOF.
(B) RESOLUTION NO. -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AN
ADDENDUM TO FINAL_ ENVIRONMENTAL IMPACT REPORTI
(SCH. N0. 92081040) AND APPROVAL OF HILLSIDE
MANAGEMENT CONDITIONAL USE PERMIT NO. 92-12 AND
OAK TREE PERMIT 92-9, ASSOCIATED WITH THE
DEVELOPMENT OF TENTATIVE TRACT MAP NO. 51253,
MAY 16, 1995 PAGE 3
I
LOCATED EAST OF MORNING SUN AVENUE AND NORTH OF
PATHFINDER ROAD IN DIAMOND BAR, CALIFORNIA, AND
MAKING FINDINGS IN SUPPORT THEREOF.
CM/Belanger reported that Council had not approvea any development
activity, grading activity or any activity of any kind east of Morning Sun.
He advised that activities taking place east of Morning Sun were outside
authoritative control of the City.
ACM/Usher stated that, with respect to tentative tract map 51253 by the
Sasak Corp., represented by president Amrut Patel and Jan C. Dabney,
proposed a 21 unit single family subdivision on a 6.7 acre site
immediately adjacent to Morning Sun. He advised that this site was a part
of the overall master plan. He presented and reviewed maps of the
projects along with two resolutions: 1) for the approval of an addendum to
the final environmental impact report for the project; 2) for approval of the
tract map allowing 21 units on Sasak land and approval of a hillside
f management conditional use permit along with an oak tree permit. He
reviewed- special conditional use permits that are also required before
development.
CE/Wentz recommended three alternatives to address the land slippage
in the Morning Sun neighborhood: 1) the matter could be handled through
nuisance abatement proceedings where it can be taken through the
property maintenance ordinance which would take as long as 90 days; 2)
condition any map approvai on the applicant to take action; however, it
would be difficult to place any time restrictions on the applicant in terms of
how quickly the City would demand that such corrections be made; 3)
demand of the applicant that geotechnical matters and, any resolution that
the applicant may propose to take care of the land slippage and the
grading would be accomplished prior to any type of approval of the map.
In response to MPT/Wemer, CA/Jenkins explained that if the City decides
to declare an emergency, the scope and extent of private property
damage would need to be determined and whether or not public forces
should be involved to assist in the emergency.
Jan Dabney, Sasak Project Manager, stated that the failure of the slope
was brought to his attention by the City and he immediately went out to
j the site. He advised that, at that point, the only failure was basically
isolated to a rupture in the water linc with small slippage along Morning
Sun and the Patel property. He states that his soil consultant engineer
reviewed the slippage and the water line problem and completed a
preliminary review suggesting that the existing slope drain, which was
MAY 16, 1995 PAGE 4
broken, be scarified and reshaped to allow run off down the hill into the
storm drain. He advised that this problem was rectified by his contractors
including the reshaping of the hill, cleaning the ditch, and concrete placed
in the broken up ditch line the following day. It was not determined at
that time that the hill side would continue to slip and cause additional
problems. He advised that the following Monday, he received a call from
Mr. Collins stating that the problem had escalated. He'advised that he
went to the site and saw that the problem had indeed escalated. He
stated that Mr. Patel has contracted and responded to this problem as
quickly as he could to protect the local development and the residents.
Frank Stillman, Triad Geotechnical Consultants, advised that his company
the preliminary investigation and that his findings indicate&
completed
that it is a bedding plane failure which has unfavorable geological
conditions in which the bedding planes are sloping toward the street. He
also stated that there had not been any further investigation, on the
slippage.
the geological study was completed and if core
' ;4
C/AnsYri asked When
drillings were complete.
Mr- Stillman advised that the geological study was completed in 1994. He
also advised that test pits were dug with a backhoe'which is also
considered core drilling.
C/Ansari asked if the large amounts of dirt sitting on the school property
has anything to do with the bedding plane failure.
Mr. Stillman stated that that was impossible to cause the bedding plane
failure.
C/Ansari asked if Mr. Patel had any plans to do any core drilling.
I
Mr. Stillman stated that they have not had any negotiations for future
work. 1
C/Ansari asked if his firm would be testing the ground with manometers to
determine the movement of the slope.
Mr. Stillman stated that he doesn't believe that that would determine
a
anything since it has been determined that the land is moving. He
advised that the mechanism causing the movement in the bedding planes
needs to be determined.
MAY 16, 1995 PAGE 5
MPT/Werner asked Mr. Stillman if he has ever experienced this large of a
hilt slide problem, and if so, where.
Mr. Stillman stated that his company was involved with the large hill slide
on Montecito in Hacienda Heights.
MPT/Werner asked what Mr. Stillman's game plan would be to stop the
bedding plane failure.
Mr. Stillman suggested that test pits nEed to be placed on this hill side to
determine the steepness of the bedding plane and determine where the
movement is coming from. He also stated that he feels that it's a matter of
removing a mass and not water.
MPT/Werner asked what the time frame would be to determine where the
slippage is coming from so that residents can go back to living normally.
Mr. Stillman indiczted that a couple of weeks for exploratory is sufficient
time to submit a report and recommendations to Council.
In response to MPT/Werner, Mr. Stillman advised that the land will
continue to move; however, t;,e gas line is on the other side of the street
and because the land sli,'e is shallow, it will probably not affect the line.
C/Harrr.ony asked if Mr. Stillman was aware of the surcharge load bearing
weight placed on the school district property and how it would affect the
slide.
Mr. Stillman stated that he had not studied the load weight on the school
property; however, his basis was directed toward bedding planes, angle
of bedding planes and there is no way that that dirt load, that far of a
distance, given this geology, could be on top of a bedding plane that is
acting on the street.
C/Harmony asked if he did any of the core drilling or identification of the
school property's ancient slide where 400 cubic yards were replaced. He
also asked if he is familiar with any of the geological maps that relate to
the school district's property.
Mr. Stillman responded that he was not a part of the core drilling for the
school district nor was he fam;liar with their geological maps. He advised
that drill pits and core drilling he d been accomplished some time ago on.
the Patel property.
MAY 16, 1995 PAGE 6
Fire Chief Lockhart advised that he had spoken with ACM/Usher and
directed the Engine Company Captain for that jurisdiction to inspect the
site tonight. He reported that Engine Company #119 received a letter
from the Walnut Valley Water District advising that the hydrant on
Morning Sun is out of service. It was determined that another hydrant is
approximately 800 ft. to the last house on the block and there are
adequate hoses on fire trucks to accommodate a problem. He stated that
while they are at the site inspecting, they will determine if the hydrant that
will be servicing these homes is, in fact, in service and will not be affected
by the landslide.
MPT/Werner asked the Chief Lockhart to comment on the prospect' of a
gas line breakage.
Fire Chief advised that the Gas Co. had inspected the site and that the
City needs to talk with the Gas Co. to make sure that the gas lines are not
in any danger. If gas lines break, there will be no service to those homes,
and there is a chance that ignition will happen depending upon the type of
gas running through the linea J
M/Papen arrived at 7:31) p.m. and asked if there was a recommendation
for the gas line to be ran above ground like the water line.
Chief Lockhart indicated that they would go along with the
recommendations of the Gas Co.
M/Papers asked the Chief Lockhart to coordinate with the Gas Co. on their
recommendations for the gas lines.
MPT/Werner requested staff to coordinate with the appropriate county
departments to address issues involving the Morning Sun hill slide.
C/Harmony advised that there is a major gas line running through the
Arciero property and asked where the major gas line runs through this
property.
C/Miller ad-ised that the major gas line runs through Arciero's property
and across Brea Canyon Rd.; going in a northwesterly direction, which is
112 mile away from .he, landslide.
Clay Chaput, W.V.U.S.D., reported that he was notified of this problem by
Mr. Dabney and thit he contacted ,ha soils engineer who performed all of
the work on the 409,000 cubic yard of dirt moved, and asked him to visit
the site and report 'if the dirt had ar`y'hing to do with the hill slide. He
MAY 16, 1995 PAGE 7
stated that he received a verbal report from the soils engineer and
geologist and was assured that movement of the 400,000 cubic yards
could not have impacted this particular area. He explained that, because
of this report, the School District had no responsibility for the slide;
however, they are a property owner in that vicinity to the extent that they
are involved in the problem and they will be involved in the solution.
C/Harmony asked Mr. Chaput if staff could talk to his engineering people
on a one-on-one basis to resolve issues regarding the blue line stream.
Mr. Chaput reported that they had not been near the blue line stream in
any construction completed on their property.
MPTM/erner requested staff to keep the school district informed of the
issues and solutions.
Mr. Chaput asked Ms. Reyes to contact him in order for him to look at her
property in connection to the school district's property.
Barbara Beach'-Courchesne, 2021 Peaceful Hills Rd., exprossed
frustration with Council for not acting on this problem. She also stated
that only 18 homes should be built on the Patel property, not 21.
Bob Roberts, 1600 Morning Sun, requested the Council to declare a state
of emergency.
MPT/Werner requested staff to call the Gas Co. during the meet ng for an
update on the gas line.
Mr. Yung Kim presented photos indicating the land slippage affecting all
of the Sasak and school district property.
In response to C/Ansari, Mr. Kim advised that his ground started buckling
approximately May 1, 1995 and has not stopped since.
George Barrett thanked Counc;l for listening to the problems regarding
Morning Sun. He advised that he is a board member of the Pathfinder
Homeowners Assn. and advised that Sasak homes will fall under this
association and required to pay association dues and must adhere to the
CC&R's. The Assn, has filed a lien against the Sasak property.
Mike Sharbarel, 1645 Morning Sun, advised that their first indication of
something being wrong was on March 17, 1995 when the water main
broke in front of their home and th9n broke again one week later. He
MAY 16, 1995 PAGE 8 !°
urged Council not to approve development of the Sasak property until the
land slippage problem is resolved.
Don Schad, 1824 Shaded Wood Rd., stated that he had hiked that hilly
area for the past year and is well aware of the geology of that hill. He
reported that there is a very large crack on top of the ridge which is
moving steadily every day. He expressed concern that the fire hydrant
that services the homes is out of order and asked the fire department to
lay down and leave a large water hose in case the gas main breaks.
Max Maxwell, 3211 Bent Twig Ln., asked Council to reject the
development of the Sasak property.
Terry Birrell reminded Council that there is no existing General Plan;
therefore; it is unknown that the future land use designation of this area is
consistent with the General Plan. She also advised that after her review
of the environmental impact report it did not address any sluffage;
therefore, she suggested that the environmental impact report and the
addendum are insufficient and asked the Council to investigate the
bedding plane problem before anymore grading is completed. She
suggested that staff require the developers to complete the research
necessary to help the residents of Morning Sun Avenue.
Wilbur Smith, 21630 Fairwind Ln., expressed concern that neither the
Council or staff have addressed bedding plane problems in other
developments. He asked the Council to stop passing the buck and start
talking about how to stop the earth from moving and protect the residents
of Morning Sun.
CM/Belanger explained the due process procedure by an expedited
nuisance abatement proceeding where it is essentially declared a
nuisance by the property owner and the property owner will abate it. He
also advised that the City does not own or maintain any public property
within this subject private property area, including the school district site
and the Sasak site; therefore, it is essentially not the City"s responsibility.
Before the tentative map can ever be approved, the property owner must
rectify the problem but not be allowed bonding or patching of the
damaged area. He also stated that a time frame can tie placed on the
property owner. He also advised that, before the passage of this tentative
tract map, all of the geotechnical work will be completed prior to that tlime
including the nature of the remediation.
MPT/Werner reiterated that abatement could be accomplished two ways
through a nuisance abatement and the tentative map process which
MAY 16, 1995 PAGE 9
would suggest the conditions of approval of the problems that have been
created as a result of this landslide are resolved, otherwise a final map
cannot be recorded. He asked that since the City has no public structures
at risk, can the City process a nuisance abatement.
CA/Jenkins advised that the absence of a public facility at risk does not
affect the City's legal authority to proceed with a public nuisance.
MPT/Werner asked if the City has a viable option of doing nothing about
this problem or if the City has a public responsibility.
CA/Jenkins advised that the City has no legal duty to take action with
respect to private property as long as the City has no responsibility for
causation and as long'as City property is not being affected.
MPT/Werner asked if the City does something about this problem, then
does the City put itself at risk for exposure.
CA/Jenkins stated that there is no risk for exposure on the part of the City.
He advised that the agendiz6d item is approving the tentative map, not
the abatement of the landslide. He stated that if there is a lack of
sufficient information about the condition of the i property and whether or
not the property can be subdivided the way that it's being proposed, then
that is basis for continuing this discussion and requesting further
information. The City can impose conditions on the map to require
remediation of the landslide.
CE/Wentz emphasized two ways in dealing the issue of the map would be
either in writing a condition as part of a map approval which can address
remedia''an of the landslide with time constraints; or indicate to the
applicant that a map will not be ccnsidered unless all of the geotechnical
and geological matters are resolved prior to any type of map approval.
Jan Dabney advised that Mr. Patel is also discussing a nuisance
abatement; however, this could take years while damage continues to
affect the Morning Sun residents. It is unclear why the bedding planes
are failing and it has not been determined that it is Sasak's responsibility.
It is known that the failure is cau3ed by the material above the curb and
gutter on the east -side of Morning Sun and this project recommends that
the hill be removed down approximately two to three feet of the height of
the curb and gutter. He expressed his concern over the residents' homes
and inconvenience to them and asked that no one jump into litigation
because it will freeze up all projects and nothing will be done to correct
the problem. He reported that, in 1967168, the adjacent property was
MAY 16, 1995 PAGE 10
developed along Morning Sun and during the grading operation for that
tract, the failing hill sites were created to benefit the down hill homes. In
addition, the Pathfinders Assn.'s CC&R's clearly state that the Assn. is
liable and responsible for ell drainage structures that benefit the Assn.
within their boundaries.
in response to MPT/Werner, Mr. Dabney advised that by agreement with
Mr. Patel and City engineering staff, a condition would be placed prior to
approval that if remedial grading and resolution to off-site issues cannot
be resolved, then Mr. Patel must either come back to the City, modify his
project, decrease his project or whatever is necessary to ensure that Mr.
Patel does not get involved in a major off-site grading remediation that,
cannot be identified. He suggested that prior to a final map, a
geophysical consultant investigate and report his findings to protect the
residents as well as Mr. Paiel's interest.
MPT/Werner asked what happens when a resident remediates the
problems on properties that have sustained damage.
Mr. Dabney reminded everyone that D.B. has been involved in two major
rain seasons since 1971 and it will be hard to pinpoint who is responsible
for the land slippage.
C/Harmony stated that if the City does not take action, we are liable
because we have been placed on notice of the problem. He stated that
the City needs to take action and asked the City Attorney that if the City
cannot take action tonight, can the Council call for an emergency meeting
to declare a public nuisance.
CA/Jenkins stated that the City does not have any liability whether they,
City takes action or not.
C/Harmony disagreed with the City Attorney's opinion that the City does
not have any liability.
CA/Jenkins responded that the City does not have liability; however, the
City does have responsibility and should exercise its police power
authority to resolve this community problem. He recommended that if the
Council wants to respond expeditiously, the Council can direct staff this fl
evening to proceed with whatever methods are available to direct the
property owner to take the necessary steps to abate the problem.
C/Harmony asked how long should the City wait for the property owner to
respond to resolving this problem.
I - MAY 16, 1995 PAGE 11
CA/Jenkins advised that if the property owner agrees with the procedures,
then the wait should not be long. He stated that the City can give the
property owner a schedule to abide by_
C/Harmony asked if there is any legal doubt that this a public nuisance
and if so, can the City declare a public nuisance tonight or schedule a
public hearing.
CA/Jenkins advised that a public hearing can be scheduled.
In response to M/Papen, CE/Wentz reported that the hill would have to be
removed; however, it is unknown how much. The dirt could be
temporarily stored on-site if the land is capable of handling it or removed
and stored off-site. Testing and a plan could be completed within a few
weeks with work to be completed in approximately 90 days, depending
upon the amount of dirt to be removed.
Mr. Dabney agreed with Mr. Wentz under th^ assumption that the failure
is isolated to this specific site.
M/Papen stated that she would litre to sc a the r^mediation completed as
soon as possible and removing the dirt in o. d::r to stabilize the soil. She
suggested placing a condit°on of approval fc - the tentative tract map of
time lines for the completion of testing and reporting.
CA/Jenkirs stated that this is a reason, -hie course of action.
M/Papen stated that she would like to see the conditions placed on the
applicant before any public nuisance is filed. She suggested that the
Council move onto another item and let staff prepare a condition for
review.
C/Ansari again expressed ccnccrn cver the meri.s of this project on its
own. The Council should require Pasak ^nd the School District to
complete additional and extensive geotechnical testing. She suggested
that Council reject th-3 project, take care of the geotechnical problems and
bring it back at a later date.
m, C/Harmony moved, C/Ansari seconded to deny Tentative Tract Map
51253 and immediately declare a public nuisance.
C/Miller asked if the applicant is required to repair the property and
doesn't do so, what recourse',does the City have against the applicant.
MAY 16, 1995 PAGE 12����;,;��;,
CA/Jenkins advised that the City could perform the necessary work to at
least keep the property from affecting utilities and the roadway and lien,'
the Sasak property for the cost.
C/Harmony requested that C/Miller be removed from the discussion due
to a possible conflict of interest.
C/Miller stated that residents need to be aware that just because the City
declares a public nuisance, that doesn't mean their property will be
repaired over night. The source of the problem is unknown and, at this,
point, it isnot the applicant's responsibility. ,He was concerned that the
motion would not affect or include the residents' homes directly under the
school district's property. He suggested that a motion of action
accommodate all of the, residents, not just residents involving the Sasak
property. He also recommended that the motion be tabled for five
minutes to allow staff to come back with a timeline in the best' interest of
all of the residents.
C/Harmony asked staff to consider if the geological process is much more i';r
severe, how will the Council deal with that and declare the issue as ani ~�'�
emergency.
RECESS: MPT/Werner recessed the meeting at 9:37 p.m.
RECONVENE: MPT/Werner reconvened the meeting at 10:11 p.m.
CM/Belanger reported that abatement of imminently dangerous public,
nuisances would involve another property owner and depend upon what
is found during the study. Once a pWblic nuisance is filed and is not
corrected by the applicant, then it becomes the responsibility of the
declarer to take the necessary steps to abate the problem and all of the
costs would be incurred by the declarer. He stated that if the City is the
declarer, then the City has the right to lien the applicant's property in an
effort to receive its monies back upon the sale of the property. Everyone
should understand that if a public nuisance is filed and the applicant does
not rectify the problem, then the City could bear the complete burden of
completing and paying for the work. In order to maintain leverage over
Mr. Patel to perform a duty to abate the landslide would involve either,
denying the tentative tract map or stating that the tract map will not be
approved until such work is complete or place conditions on the map that
would terminate the map if the applicant didn't do what was promised.)
C/Ansari moved, MPT/Werner seconded to amend her second of
A... — w..,.....1, I I..,.. „ , I!,A, 1 1n: ,a.
MAY 16, 1995 PAGE 13
C/Harmony's motion to continue the project for two weeks and require that
a geotechnical report be filed with the City.
In response tb MPTNVerne,, CA/Jenkins eyplained that there was no
immediate deadline in terms of acting on this problem and that the
statutory deadlines have been extended by the property owner.
Jan Dabney reported that it is not the owner's desire to continue the
matter and asked if the issue is continued and the slope fails, who is
responsible.
CA/Jenkins again advised teat whether or not the City approves the map,
it is still the applicant's responsibility if the slope fails.
MPTM/erner withdrew his second of C/Ansari's amendment to
C/Harmony's motion.
M/Papen commented on the amended motion in that staff indicated that it
would take at least 30 days to complete the testing and the r;porting.
C/Ansari moved to amend her original motion to continue the matter for
30 days. Motion failed for I ck of a second.
CE/Wentz presented wordi g for the conditions applied to the applicant
regarding the land slippage as follows: "owner agrees that, at owner's
sole cost and expense, owner will make all investigations, analyses,
recommendations and reports as required by the City Engineer
concerning all geotechnical aspects of this site along with preparation of
all plans and specifications necessary for the remediation of all adverse
geological and soils aspects of this site. All reports, plans and
specifications shall be subm'tted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earth work
and other constructicn necessary shall be performed by the owner to
make this property safe from landslides, settlement slippage and all other
unsafe geological and soils conditions that cause this property to pose no
danger or hazard to or have any other adverse affect on any adjacent
properties."
M/Papen request -)d that a ti ie period be included in which the studies
would be completed and sub i itted and addition of the words "if such was
Y not done, the project is dee ed denied."
MPT/Werner suggested inc'usion of "to exclude the prospect of bonding
for those improvements."
MAY 16, 1995 PAGE 14
�M'iltis',11i1(,
M/Papen agreed with MPT/Werner.
CA/Jenkins stated that Council can impose a condition that this
requirement not be bonded and that a final map cannot be approved or
recorded unless the condition is satisfied. He further stated that a timer
limit can be imposed but cannot be enforced.
In response to MPT/Werner, CM/Belanger advised that Council needs to
select a period of time and provide direction to staff that if the property
owner does not perform within a certain period of time, then staff is
directed to institute the appropriate public nuisance proceedings.
MPT/Werner asked that the motion requiring time frames and conditions
be separate from the tentative tract map issue and if the Council would be
in violation of the Brown Act if the slippage issue is addressed tonight.
CM/Belanger advised that the motion needs to be kept separate from the
tentative tract map.
CA/Jenkins stated that Council is only giving direction to staff to do what
staff already has the legal authority to do.
As requested by M/Papen, CE/Wentz again read the proposed conditions
as "Owner agrees, at owner's sole cost and expense, that owner will
make all investigations, analyses, recommendations and reports as
required by the City Engineer concerning all geotechnical aspects of this
site along with a preparation of all pians and specifications necessary for
the remedy of all adverse geological and soils aspects of the site. All
reports, plans and specifications shall be submitted to the City Engineer
fcr review and approval. All approvals and permits shall be obtained and
all earth work and other construction necessary shall be performed to
make the property safe from landslides, settlements, slippage and all
other geological and soils conditions and to cause this property to not'
pose any danger or hazard to nor have any adverse effect in the adjacent
properties. All work sh311 be performed in a time frame and to the
satisfaction of the City Engineer. Should the applicant fail to perform this
condition in the time frPme stated herein, the application shall become
null and void. The final map shall not be approved without -this condition
being met."
Jan Dabney explained that the project will not be funded until the final
map is approved; therefore, the applicant cannot afford to start the
grading necessary to abate the landslide. He stated that Mr. Patel agreed
with the other conditions.
MAY 16, 1995 PAGE 15-
CM/Belanger stated that unless he does the work, Mr. Patel would not get
his final map.
CE/Wentz advised that a condition can be written that would indicate that
the City would permit Mr. Patel to either bond or to provide the City with a
letter of credit; however, it still does not assure that Mr. Patel will
complete the work and the City would have to call the bond and put the
improvements in place. If the City has assurance that the work is going to
take place before Mr. Patel has the map, then the City has better leverage
of getting the work completed.
MPT/Werner stated that, in prior hillside projects, grading had been
completed prior to recordation of the final map because of field
adjustment.
CE/Wentz stated that banks do not require recordation before the work is
completed --it's more of an economic situation on the applicant's part.
Mr. Dabney recommended keeping the condition of project as stated;
however, remove the circumstance for the cash bond. Upon return of the
soils report, Mr. Patel provide $25,000 for immediate remediation efforts
to keep the road from moving toward the Morning Sun homes.
MPT/Werner agreed to remove the suggested provision with the
additional understanding that Council would authorize staff to initiate the
nuisance approach if remediation doesn't move along as quickly as
needed.
M/Papen agreed to the above.
CE/Wentz again read the proposed. conditions as "Owner agrees at
owner's sole cost and expense that owner will make all investigations,
analysis, recommendations and reports as required by the City Engineer
concerning all geotechnical aspects of this site along with a preparation of
all plans and specifications necessary for the remedy of all adverse
geological and soils aspects of the site. All reports, plans and
specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earth work
and other construction necessary shall be performed to make the property
safe from landslides, settlements, slippage and all other geological and
soils conditions and to cause this property to not pose any danger or
hazard to nor have any adverse effect in the adjacent properties. All work
shall be performed in a time frame and to the satisfaction of the City
Engineer. Should the applicant fail to perform this condition m the time
MAY 16, 1995 PAGE 16
frame stated herein, the application shall become null and void. The final
map shall not be approved without this condition being met."
In response to MPTNVerner, CE/Wentz advised that the time frame for
completion will be left to the discretion of the City Engineer.
CA/Jenkins stated that the last two conditions are inconsistent with what
the applicant is willing to do insofar as, during the processing of the
tentative map toward bringing a final map back to the City, he does all of
the necessary studies and reports and then come back at some point
within the next year or two with a final map and a proposal to enter into an
improvement agreement, guaranteed by a bond, for the work necessary to
satisfy this condition. He also stated that it is not a temporary fix and a
time schedule could be put into effect for the preparation of the necessary
reports and geotechnical data. If the City wants to impose the condition
and take the $25,000, it can be done.
M/Papen suggested that receipt of the $25,000 from the applicant be
included in the conditions. Regarding Exhibit C, page 5, number 10, she
stated that in other development projects when trees were transplanted,
they died. Therefore, as in the Arciero conditions, she asked the Council
to consider revising this paragraph to "receiving a sum of money in lieu of
transferring those oak trees, the City could put other trees in other areas
of the City." .
CDD/CeStefano advised that the majority of the trees and mitigation are
consistent with that which was imposed on the Arciero project. Arciero's
conditions also required an expert be hired to determine which trees were
healthy enough to transplant, location of the transplanting, etc.
M/Papen asked- staff to rewrite this condition to include another phrase
that states "or the applicant would relocate or donate an equal amount of
funds or trees to other locations."
M/Papen moved, MPT/Werner seconded to approve the conditions
"Owner agrees, at owner's sole cost and expense, that owner will make all
investigations, analyses, recommendations and reports as required by the
City Engineer concerning all geotechnical aspects of this site along with a
preparation of all plans and specifications necessary for the remedy of all
adverse geological and soils aspects of the sit3. All reports, plans and
specifications shall be submitted to the City Engineer for review and
approval. All approvals and permits shall be obtained and all earth work
and other construction necessary shall be performed to make the property
safe from landslides, settlements, slippage and all other geological and
r— MAY 16, 1995 PAGE 17
i
soils conditions and to cause this property to nct pose any danger or
hazard to nor have any adverse effect in the adjacent properties. All work
shad be performed in a time frame and to the satisfaction of the City
Engineer. Should the applicant fail to perform this condition in the time
frame stated herein, the application shall become null and void. The final
map shall not be approved without this condition being met." He further
amended Condition 10, Exhibit C to indicate "receiving a sum of money in
lieu of transferring those oak trees, the City could put other trees in other
areas cf the City or the applicant would relocate or donate a equal
amount of funds or trees to other locations."
11. ADJOURNMENT: There being no further business to
conduct, the meeting was adjourned at 11:05 p.m. to May 17, 1995 at
6:30 p.m.
i
LYNDAClerk
ATTEST: