CCMIN120192 - Laserfiche WebLink

211 was not happy about comments regarding notice to her of the PG&E poles and fencing prior to their approval and statements that she had no objection. She said that she would be appealing any and all modifications made to date by Mr. Joel. Ms. Sorenson was not happy with the fact that Mr. Joel is able to have PG&E poles erected before requesting such modification and on the same day is able to get approval after the fact. He was specifically instructed to get approval from Council before any modifications were made. She indicated that if the fencing completely surrounds the system, there is no way for the wildlife to get access to the water, which is one of the conditions. She agreed with the recommendation by staff of an agreement being reached if use is to be promoted by Mr. Joel. She requested that the monitoring device be tamper-proof and that Mr. Joel not be the one to be responsible to ensure compliance. She believed the City should be responsible for monitoring the device. She agreed with the staff recommendation that if an agreement cannot be reached that the diversion equipment should be dismantled. She did not want the staff conditions to be changed. Mr. Pico asked what needed to be changed in the agreement in order for Ms. Sorensen to sign it. Ms. Sorensen stated that there were not too many changes that needed to be made to the agreement. She wanted to be indemnified from any actions of Mr. Joel. She did not want the agreement to terminate until she was able to receive City water pursuant to her agreement with A-M Homes. She further explained that the agreement, as is stands, requires her to use her springbox. It is almost dry due to the diversions of Mr. Joel and if she can't use it, she would be in breach of the agreement. Ms. Sorensen was willing to work with Mr. Joel. David Glenn, 5650 Foothill Road, spoke on behalf of the Preserve Area Ridgelands Committee. He explained his concern with the wildlife within the area of the lot line adjustment and the spring. He then referred to the April 21, 1992 City Council meeting and read excerpts from the minutes and staff report. He also read excerpts from the current staff report. Mr. Glenn believed that Mr. Joel was violating the conditions set by the City. He added that Mr. Joel was not considering the natural habitat and wildlife and was not showing any respect for his neighbors or the City. He recommended that Council take this matter very seriously because water is a concern to everybody. Mannie Joel, 5470 Foothill Road, stated the assumption that the connection between his spring and Ms. Sorensen's water supply has never been proven. He disagreed with this assumption. This spring is one of three springs that has been used for many years by the Garms Ranch at the same time Ms. Sorensen was using her water 12/1/92 9