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HomeMy WebLinkAbout1985/03/20 - Minutes March 20, 1985 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, March 20, 1985, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:35 p.m. by Mayor Jon D. MikeIs. Present were Councilmembers: Pamela J. Wright; Charles J. Buquet, II; Richard M. Dahl, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Hasserman; City Clerk, Beverly A. Authelet; City Attorney, James Markman; Assistant to the City Manager, Robert Rizzo; Administrative Analyst, Mark Lorimer; Community Development Director, Jack Lam; City Planner, Rick Gomez; Senior Planner, Otto Kroutil; Assistant Planner, Lisa Winniger; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Community Services Director, Bill Holley; and Community Services Coordi- nator, Mary Whitney. Absent: Councilman Jeffrey King, who was out of town on business. 2. ANNOUNCEMENTS/PRESENTATIONS 2A. Thursday, March 21, 1985, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. 2B. Wednesday, March 27, 1985, 7:00 p.m. - PLANNING COMMISSION, Lions Park Com- munity Center. 2C. Thursday, March 28, 1985, 7:30 p.m. - ADVISORY COMMISSION, Library Confer- ence Room. 2D. Presentation of City Plaque to Robert Dougherty for outstanding service as City Attorney. 2E. Presentation of City Plaque to Edward Hopson for outstanding service as As- sistant City Attorney. 2F. Mayor Mikels introduced the new city attorney, James Markman, who in turn introduced his staff: Andy Archinczyski, Ralph Hanson, and Craig Fox. 2G. Mr. Wasserman requested that Consent Calendar item 3R be removed from the Consent Calendar. Councilwoman Wright requested that item 3F be removed for discussion. Mayor MikeIs requested item 3V be removed for discussion. Coun- cilman Dahl requested item 35 be removed for discussion. City Attorney re- quested item 3L be removed for discussion. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register No's. 85-03-20 and Payroll ending 03/03/85 for the total amount of $428,473.54. 3B. Alcoholic Beverage Application No. AB 85-03 for Off-Sale Beer & Wine Eating Place License, Joel A. Sterrett, 10110 Foothill Boulevard. (1) City Council Minutes March 20, 1985 Page 2 (2) (3) (4) (5) (6) (7) (8) (9) (lo) 3C. Forward Claim (CL 85-09) against the City by Richard Dean Yates, failure of City to inform claimant of regulations concerning running a business out of his home, December 15, 1981. 3D. Approval of Parcel Map 8063, Bond, Agreement and Real Property Improvement Contract and Lien Agreement, located at the southeast corner of Foothill Boulevard and Hellman Avenue, submitted by Lewis Development Company. RESOLUTION NO. 85-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P,~NCHO CUCANONGA, CALIFORNIA, APPROVING PARCEL HAP NO. 8063, (TENTATIVE PARCEL MAP NO. 8063), IMPROVEHENT AGREI~ENT AND IMPROVEMENT SECURITY RESOLUTION NO. 85-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREENENT FROM LEWIS DEVELOPMENT COMPANY FOR PARCEL MAP 8063 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME 2E. Approval of Parcel Map 8828, Bond and Agreement, located on the west side of Vineyard Avenue between Arrow Nighway and Ninth Street, submitted by Barmakian Company. RESOLUTION NO. 85-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING PARCEL MAP 8828, IMPROVE- MKNT AGREEMENT AND IHPROVEMENT SECURITY (TENTATIVE PARCEL MAP 8828) 2F. Item removed for discussion by Councilwoman Wright. Approval of Parcel Map 9079 and Real Property Improvement Contract and Lien Agreement, located at the northeast corner of Base Line Road and Archibald Avenue, submitted by Sycamore Investments. RESOLUTION NO. 85-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING PARCEL NAP 9079 (TENTATIVE PARCEL MAP 907 9) RESOLUTION NO. 85-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVENKNT CONTRACT AND LIEN AGREEMENT FROM SYCAMORE INVESTMENTS, FOR PARCEL MAP 9079 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SANE 3G. Approval of Tract No. 10035, Security and Agreement, located on the south and east side of Red Nil1 Country Club Drive, south of Calls Corazon, submitted by Rancho Associates, Ltd. RESOLUTION NO. 85-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANClIO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 10035 City Council Minutes March 20, 1985 Page 3 3H. Approval of Bonds, Agreement and Final Map of Tract 11893, located on the south side of Banyan, west of Sapphire, submitted by Plaza Builders, Inc. RESOLUTION NO. 85-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT ~REEMENT, IM- PROVEMENT SECURITY AND FINAL MAP OF TRACT 11893 3I. Approval of Tract No. 12772-1, Bonds and Agreement, located on the west side of Turner Avenue at Palo Alto Street, submitted by Morris & Searles. RESOLUTION NO. 85-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEI4ENT SECURITY AND FINAL MAP OF TRACT NO. 12772-1 3J. Approval of Tract No. 12801-1, Bonds and Agreement, located on the south side of Banyan Street, east of Carnelian Street submitted by the Deer Creek Company ' RESOLUTION NO. 85-81 A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IM- PROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12801-1 3K. Release of Bonds: Tract 9638 - Located north of Lemon, west of Archibald; owner Crismar De- velopment Corporation. Maintenance Guarantee Bond $8,450.00 3L. Ite~ resoved for discussion by the City ~toruey. Approval of a Pipeline License between the Atchison, Topeka and Santa Fe Railway Company and the City in connection with Tract 11606-1, located east of Haven Avenue between Base Line Road and 19th Street and also the approval of an agreement between the developer, Barclays-Tat and the City. (CO 85-26 & RESOLUTION NO. 85-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING A PIPELINE LICENSE BETWEEN THE CITY AND THE ATCHISON, TOPERA AND SANTA FE RAILWAY FOR THE INSTALLATION OF A STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS 3M. Approval of Agreement with James L. Markman Law Office (CO 85-28) for legal services. 3N. Approval of First Amendment to Agreement for cooperation between the Foot- hill Fire Protection District, the Redevelopment Agency of the City of Rancho Cucamonga and the City of Rancho Cucamonga. (RA 82-03) 30. Approval of award of contract for the Amethyst Avenue Sidewalk Improvements to the lowest, responsible bidder, Cedric C. Elias Paving Contractors of Pomona, California, (CO 85-29) at the amount of $29,741.86 plus 101 contingencies. The total amount not to exceed $32,715.26. City Council Minutes March 20, 1985 Page 4 (23) 3P. Approval of Street Frontage Construction Reimbursement Agreement between Robert A. and Shirley A. Lees and the City of Rancho Cucamonga. The agreement allows for reimbursement to be made to the City for the construction of street frontage improvements at 10213 Base Line Road. This agreement includes a Grant of Easement for Roadway and Related Purposes for the ultimate widening of Ease Line. RESOLUTION NO. 85-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET FRONTAGE CONSTRUC- TION REIMBURSEMENT AGREEMENT BETWEEN ROBERT A. AND SHIRLEY A. LEES AND THE CITY OF RANCHO CUCAMONGA (24) 3Q. Approval of Street Frontage Construction Reimbursement Agreement between Dolores Browns and the City of Rancho Cucamonga for reimbursements to be made by Ms. Browns to the City for street improvements to be built along Ease Line Road west of Ivy Lane. The agreement also grants to the City an Easement for Roadway Purposes along Ease Line Road and Ivy Lane. Such Grant of Easement is intended to allow for the ultimate widening of these streets. RESOLUTION NO. 85-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING STREET FRONTAGE CONSTRUC- TION REIMBURSEMENT AGREEMENT BETWEEN DOLORES BROIOIE AND THE CITY OF RANCHO CUCAMONGA (25) 3R. Approval of Joint Construction Agreement struction on Archibald Avenue between Cucamonga City of Rancho Cucamonga. for Streets and Sewerline Con- County Water District and the RESOLUTION NO. 85-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A JOINT CONSTRUCTION AGREE- MENT FOR STREETS AND SEWERLINE CONSTRUCTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND CUCAMONGA COUNTY WATER DISTRICT (26) 3S. Item removed for discussion by Councilman Dahl. Approval of the final ex- penditure of $100,447,95 for the Hellman Avenue from 6th Street to 656 feet north Reconstruction Project, accept the improvements as complete and authorize the Finance Director to make the appropriate transfer of additional funds from Gas Tax or Systems Development revenue source. (27) 3T. Approval of Contract Change Order No. 1 for Engineering Design Services on the Base Line Road Improvements from Teak Way to Haven Avenue. Derbish, Guerra & Associates (CO 83-79). (28) 3U. Approval of Extension to Kindercare for Agreement for Installation of Drainage Facilities. (CO 85-30) (29) 3V. Approval of authorization expenditure of $70,000.00 from General Fund Bud- geted Contingency for purchase of telephone system from ITT Business Communica- tions Corporation. 3W. Set public hearing for April 17, 1985, for Intent to Annex Tract Nos. 12362, 12621, 12091, 11781, 11625, 12525, 12740, 12741 and 12772-1 an Annexa- tion No. 9 to Street Lighting Maintenance District No. 1 and Tract Nos. 12621, 12772-1, 12525, 12739, 12740 and 12741 an Annexation No. 7 to Street Lighting Maintenance District No. 2. City Council Minutes March 20, 1985 Page 5 RESOLUTION NO. 85-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 9 TO STREET LIGHTING RAIN- TENANCE DISTRICT NO. 1 RESOLUTION NO. 85-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 9 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OF- FERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION NO. 85-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 7 TO STREET LIGHTING MAIN- TENANCE DISTRICT NO. 2 RESOLUTION NO. 85-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 7 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OF- FERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 3X. Set public hearing for April 17, 1985, for Intent to Annex Tract Nos. 12525, 12539, 12540, 12541, 11781, 12772-1, 12621, 11625, 12362 and 9539 to Landscape Maintenance District No. 1 as Annexation No. 22. RESOLUTION NO. 85-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGI- NEER'S REPORT FOR ANNEXATION NO. 22 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 85-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN AS- SESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXA- TION NO. 22 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSU- ANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO MOTION: Moved by Wright, seconded by Dahl to approve the Consent Calendar with items '~", '~", "R", "S", and '~" removed. Motion carried 4-0-1 (King ab- sent). Discussion of ltem 3F: Approval of Parcel Map 9079 and Real Property Improve- ment Contract and Lien Agreement, located at the northeast corner of Base Line Road and Archibald Avenue, submitted by Sycamore Investments. Councilwoman Wright stated she pulled the item in order to vote '~o". MOTION: Moved by Buquet, seconded by Dab1 to approve item 3F. Motion carried 3-1-1 (Wright - no; King - absent). (30) (33) <35) City Council Minutes March 20, 1985 Page 6 RESOLUTION NO. 85-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL HAP 9079 (TENTATIVE PARCEL MAP 9079) RESOLUTION NO. 85-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM SYCAHORE INVESTHENTS, FOR PARCEL HAP 9079 AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME Discussion of Item 3L: Approval of a Pipeline License between the Atchison, Topeka and Santa Fe Railway Company and the City in connection with Tract 11606-i, located east of Haven Avenue between Base Line Road and 19th Street and also the approval of an agreement between the developer, Barclays-Tac and the City. Item removed by City Attorney. The City Attorney recommended that Paragraph 6 be amended with new indemnification provisions as follows: '}eveloper agrees to indemnify City and City's elected officials, officers, agents and employees from any and all costs, expenses, claims, liabilities, actions and causes of action, and all court costs and attorneys' fees related thereto, for injury to or death of persons (including, but not limited to, passengers and employees of Railroad and employees of City), and damage to or loss of property (including, but not limited to, property owned, leased, occupied or used by or in the case, custody or control of Railroad or the employees of Railroad or City or the employees of City), however the same may be caused, resulting from, arising out of or in any way connected with this Agreement or the construction of the aforesaid project to the maximum extent permitted by law." MOTION: Moved by Dahl, seconded by Wright to approve as amended by City Attor- ney. Carried 4-0-1 (King absent). RESOLUTION NO. 85-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PIPELINE LICENSE BETWEEN THE CITY AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY FOR THE INSTALLATION OF A STORM DRAIN PIPE BENEATH THE RAILROAD TRACKS Discussion of Item 3S: Approval of the final expenditure of $100,447.95 for the Hellman Avenue from 6th Street to 656 feet north Reconstruction Project, accept the improvements as complete and authorize the Finance Director to make the appropriate transfer of additional funds from Gas Tax or Systems Develop- ment revenue source. Councilman Dahl inquired into the status of the area along Hellman. Mr. Wasserman stated staff will check this, and put a note in his box. Usually there is a base layer and then a finished layer. This particular project in- volved more work than they originally anticipated because of the erosion caused by water over the years. The sub-base had to be pulled out and replaced. The extra cost was for that reason. NOTION: Moved by Dahl, seconded by Wright to approve the expenditure of $100,447.95 for the Hellman Avenue Reconstruction project and accept the im- provements. Notion carried 4-0-1 (King absent). Discussion of Item 3V: Approval of authorization expenditure of $70,000.00 from General Fund Budgeted Contingency for purchase of telephone system from ITT Business Communications Corporation. Mayor Nikels asked what this was. City Council Minutes March 20, 1985 Page 7 Mr. Wasserman pointed out that Council had originally approved this some time ago. Originally a lease/purchase had been approved which would have cost $30,000 in costs. We have decided to proceed with an outright purchase. MOTION: Moved by MikeIs, seconded by Buquet to approve the $70,000 expenditure for purchase of a telephone system from ITT Business Communications Corpora- tion. Motion carried 4-0-1 (King absent). 4. ADVERTISED PUBLIC HEARINGS 4A. ADOPTION OF 1982 UNIFORM MECHANICAL CODE - This adoption will enact the latest available edition of the nationally recognized Uniform Mechanical Code and fulfill State mandate for its adoption. Item continued from March 6, 1985 meeting. Staff report by Jerry Grant, Building Official. Mr. Grant recommended that because of some inadequacies in advertising and de- scription within the ordinance, it was staff's recommendation to start all over again. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. ORDINANCE NO. 252 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ADOPTING THE 1982 EDITION OF THE UNIFORM MECHANICAL CODE ACTION: Council concurred to continue to a date when this is ready. 48. ADOPTION OF 1982 UNIFORN HOUSING CODE - This adoption will enact the latest available edition of the nationally recognized Uniform Housing Code and fulfill State mandate for its adoption. Staff report by Jerry Grant, Building Offi- cial. Mr. Grant stated that the same thing applies to this Ordinance. Mayor Mikels opened the meeting for public hearing. There being the public hearing was closed. ORDINANCE NO. 254 (first reading) no response, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ADOPTING THE 1982 EDITION OF THE UNI- FORM HOUSING CODE ACTION: Council concurred to continue this to a future date when its ready. 4C. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 85-01A - RICHARDS - A request to amend the General Plan Land Use Map from Low Density Residential to Industrial Park for 2.5 acres of land located on the southeast corner of Archi- bald and Main - APN 209-062-01, and 02. Staff report by Lisa Winniger, Assis- tant Planner. Ms. Winniger stated she had received one letter in opposition to this project. (36) City Council Minutes March 20, 1985 Page 8 (39) Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Dan Richards, representing Mr. & Mrs. Don Harris, owners of Custom Alloy. They are in escro~ which is ready to dose with Don O~en of O~en Electric. Originally their request was for just the Custom Alloy site, but the Plan- ning staff suggested a larger area, and he wanted to make sure that it was clear that the only area approved by the Planning Commission was the area of the two parcels. The area to the north was decided not appropriate. They concurred with this decision. Mildred Fears, pastor of Mount Zion Four Square Church, asked if this would have anything to do with their property. Otto Kroutil, Senior Planner, re- sponded that this project had no relationship to the Church's property. Macho Gracia, 10364 Humbolt, had no problem with Mr. Owen going into the corner. They were concerned that the area was being enlarged to take in the rest of the empty field. krhat really concerned them was that another City Council might look at this and say it makes sense to go across the street to the north. Orlea Arias, 9858 Main Street, expressed that they had not been notified of this hearing. Those who did get the notice, it came too late. The people were concerned about the area to the north and ho~ it would affect them. Dan Richards stated that the requested use for the area was for the least intensive industrial zoning that the City had which was an industrial park. The current use is a non-conforming use for that zoning. There is a forge in there nov, but that will be leaving. The business going in will not be one which will create pollution or noise impaction. Mr. Oven realizes and has so stated to the Planning Commission, the requirements necessary to improve the property to City standards. Don Ovens stated that Mr. Harris had a problem because he would have to lease this out as foundry. It will have to be a foundry or a business like his. There being no further public response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-92. RESOLUTION NO. 85-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, AHENDING THE ADOFrED LAND USE ELEHENT OF THE RANCHO CUCAHONGA GENERAL PLAN MOTION: Moved by Buquet, seconded by Dahl to approve Resolution No. 85-92 and to waive full reading. Motion carried ~-0-1 (King absent). Councilman Dahl felt this was the best use for the site and neighborhood. 4D. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS FOR FISCAL YEAR 1985-86 - The Council will review the preliminary statement of community objectives and select for funding those projects most needed in the Community. Staff report by Otto Kroutil, Senior Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council were: Nacho Gracia stated he had met with the Water Department - there is an area on Hemboldt from the Creek to Turner that doesn't have any sewer lines. Perhaps at a later date we could look at this for future Block Grant fund- ing. City Council Minutes March 20, 1985 Page 9 Tony Zenz, representing Kathy Murkey, President of the Alumni Association of Charley High School District, emphasized the need for improvements to the Gardner Spring Auditorium and encouraged consideration of funds to as- sist them. Jim Frost encouraged support for the Charley Garcia House. Robert Nebbs, Report Developer for Rolling Start, requested support. Sondra Swains requested help for the low income. There being no further public response, Mayor MikeIs closed the public hearing. City Clerk Authelet read the title of Resolution No. 85-93. RESOLUTION NO. 85-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PRELIMINARY STATEMENT OF COMMUNITY OBJECTIVES AND SELECTING PROJECTS FOR PRELIMINARY FUNDING MOTION: Moved by Buquet, seconded by Wright to designate the following projects for Community Development Block Grant funding: Housing Rehabilitation North Town Park North Town Street with direction to staff to investigate funding (approximately $5,000) for hand- icapped signs. Motion carried 4-0-1 (King absent). Mayor Mikels called a recess at 9:20 p.m. The meeting reconvened at 9:40 p.m. with all members of Council present, but Councilman King. 4E. ASSESSMENT DISTRICT NO. 84-2 - ALTA LOMA CHANNEL IMPROVEMENTS. Staff re- port by Lloyd Hubbs, City Engineer. MacKenzie Brown went over the procedure for the evening. Mr. Rubbs stated only one written protest had been received from Mr. F. Biane, which represents 2.44 percent of the acreage. Mayor MikeIs opened the meeting for public hearing for those who had filed a written protest against the proceedings. Addressing Council were: Jeanne Tibbetts, daughter of Mr. Biane. Mr. Biane was unable to come to the meeting since he was out of town. She stated they agreed with the City's intent to improve the flood control channel. They felt, however, that the selection of their property was unfair because they were arbitrarily selected for inclusion in the District rather than include all the tax payers within the water shed. Ms. Tibbetts stated that there were two areas to discuss - parcels 2, 3, and 4 which are the lower parcels. She requested that the lower parcels be removed from the district. And, Parcel No. I which is in escrow. If this doesn't go through, then Mr. Biane will keep the property for farming City Council Minutes March 20, 1985 Page 10 Mayor MikeIs asked for those who wished to speak against the improvements, the District, or the method of the spread. Addressing Council was: Vic Cherbak, 9820 Cinch Ring Lane, Alta Loma. Stated the reason for the improvement will take care of excess flood waters that have been created by a development. Therefore, that property under development, should be in- cluded in this District. The three lots we are talking about along Wilson, he did not feel it was Council's intent to hasten the demise of agricultur- al land. This is not vacant property -- it is an agricultural producing property. All of the other developments are spread over the homeowners of the subdivisions, but the three parcels are not -- Council is creating a harship for a farmer. Mr. Cherbak felt it was unfair that Council increase the fees for a few developers who have come from outside the City to develop property, and then charge the fees to the homeowners without regard to the other poten- tial developments that are going to contribute to the flood waters in the Channel. He suggested that any other developments which contributed to the flood waters in the Channel be charged the fee for this. Mayor Mikels opened the meeting for those who were in favor of the District. Addressing Council were: Blane Frandsen, 3366 Halstead Avenue spoke in favor of the district. Mayor MikeIs asked what was the percentage of final protests. Answer: includ- ing the three lots, 3.2%. MOTION: Moved by Wright, seconded by Dahl to close the public hearing. Motion carried 4-0-1 (King absent). MOTION: Moved by Buquet to amend the assessment on Parcel No. 3 (which is Tax Code 201-8348) reducing to zero in as much as the parcel does not receive any special and direct benefit from the works of improvement. Motion failed for lack of a second. Councilman Dahl felt that Parcels 2, 3, and 4 could be developed at at later time. Mr. Chefback stated that Parcels 2 and 3 has grape vines which support the winery. Parcel 4 has the grapefruit grove. Parcel 2 consists of 1.3 acres, Councilman Dahl felt that Parcels 2 and 3 should be removed from the Assessment District. He felt this would be a good compromise. Councilman Buquet felt that the fair thing would be to exempt Parcel 3 where the residential core was, and on parcels 2 and 4 provide a loan provision where the City will put in the dollars new and that money become due and payable at some time in the future when it is developed. Don Owen, consultant, stated we had arranged a hardship clause which stated in a case of an acceptable hardship the City would pick up the payments as a loan as they occurred against that lien, up the a maximum of 15 years. At the end of 15 years, the City will stop charging interest, but still set the full amount payable as the amount due at the end of the 15 year period or whenever development occurred. Mayor MikeIs asked Mrs. Tibbitts if she concurred with this plan. She asked what the interest rate was. Larry Rollapp stated it would be 9.50. Mr. Tibbetts asked if the loan would be on Parcels 2 and 4 with Parcel 3 exempted. Mayor Mikeis stated that was correct. Ms. Tibbitts stated she concurred with this plan. MOTION: Moved by Buquet, seconded by Wright to exempt Parcel 3 from the As- sessment District with the loan provision set in place for Parcels 2 and 4. Motion carried 4-0-1 (King absent). City Council Minutes March 20, 1985 Page 11 MacKenzie Brown went over the action just to make sure everyone understood. What has been done is to eliminate Parcel 3 fro~ the Assessment District. Parcels 2 and 4 to remain in the Assessment District. Upon the proper applica- tion, an agreement of a loan program can be initiated. MacKenzie Brown read the title of Resolution No. 85-94. RESOLUTION NO. 85-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 85-95 and waive full reading. Motion carried 4-0-1 (King absent). MacKenzie Brown read the title of Resolution No. 85-95. RESOLUTION NO. 85-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBU- TION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DIS- TRICT MOTION: Moved by Wright, seconded by Mikeis to adopt Resolution NO. 85-95 and waive full reading. Motion carried 4-0-1 (King absent). MacKenzie Brown read the title of Resolution No. 85-96. RESOLUTION NO. 85-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S 'REPORT" MOTION: Moved by Buquet, seconded by Dahl to adopt Resolution No. 85-96 and waive full reading. Motion carried 4-0-1 (King absent). MacKenzie Brown read the title of Resolution No. 85-97. RESOLUTION NO. 85-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND PROVIDING FOR THE IS- SUANCE OF BONDS PURSUANT TO THE "IMPROVEMENT BOND ACT OF 1915" MOTION: Moved by MikeIs, seconded by Buquet to adopt Resolution No. 85-97 and waive full reading. Notion carried 4-0-1 (King absent). MacKenzie Brown read the title of Resolution No. 85-98. RESOLUTION NO. 85-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AWARDING THE CONTRACT FOR THE CON- STHUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPE- CIAL ASSESSMENT DISTRICT (43) City Council Minutes March 20, 1985 Page 12 (45) MOTION: Moved by Wright, seconded by Buquet to adopt Resolution No. 85-98 and waive full reading. Motion carried 4-0-1 (King absent), MacKenzie Brown read the title of Resolution No. 85-99. RESOLUTION NO. 85-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING PROPOSAL AND MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS MOTION: tion carried 4-0-1 (King absent). Mayor MikeIs called a recess at 10:50 p.m. The meeting reconvened p.m. with all members of the Council present except Councilman King. Moved by Dahl, seconded by Buquet to adopt Resolution No. 85-99, Mo- at 11:05 5. NON-ADVERTISED HEARINGS No Items Submitted 6. CITY MANAGER'S STAFF REPORTS (46) 6A. ETIWANDA AREA DRAINAGE PLAN AND POLICIES - Recommend approval of the Inter- im Etiwanda Area Drainage and Development Policies. Staff report by Lloyd Hubbs, City Engineer. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: James Banks, Etiwanda resident, asked what does it mean the single family only would pay only drainage fees. Does this mean that the drainage fees and the proposed fees stack on top of each other? Mr. Nubbs responded there would no other fee except the City's drainage fee established at this point for this area. This does not establish a fee. James Frost asked if down stream facilities were included in this Plan or will they be picked up in the balance of the Master Plan? Mr. Hubbe re- sponded that under the one plan where the divert to Day Creek, you would take advantage of the Day Creek Improvements and would offset any impact of development on the downstream. If you went with the option which retained the regional system in Etiwanda, there would be a fee increment to assist in the construction of the Etiwanda Creek Project. There being no further response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 85-100. RESOLUTION NO. 85-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING INTERIM ETIWANDA AREA DRAINAGE AND DEVELOPMENT POLICIES MOTION: Moved by Buquet, seconded by Dahl to approve Resolution No. 85-100 and waive full reading. Motion carried 4-0-I (King absent). City Council Minutes March 20, 1985 Page 13 6B. A REOUBST BY THE GOVERNMENT RELATIONS COMMITTEE CHAMBER OF COMMERCE FOR RECONSIDERATION OF ORDINANCE PARK AND RECREATION DEDICATION IN SUBDIVISIONS. OF THE RANCHO CUCAHONGA 105C. WHICH RELATES TO Mayor Mikeis opened the meeting for public discussion. Addressing Council was: Lowell Gomes of the Rancho Cucamonga Chamber of Commerce presented the re- quest. There being no further public response, the public portion of the meeting was closed. ACTION: Council concurred that if a developer wanted to put in a park that would be acceptable and usable for everyone, then that would be great, Direc- tion to staff was to investigate this concept further. 6C. CHAFFEY-GARCIA HOUSE. Staff report by Mary Whitney. MOTION: Moved by Dahl, seconded by Wright to approve the amended agreement. Motion carried 4-0-1 (King absent). (CO 85-31) 6D. CONSIDERATION OF TASK FORCE FINDING ON AMBULANCE SERVICES. Staff report by Lauren M. Wasserman, City Manager. ACTION: Council concurred to continue to April 17th meeting for discussion and have item placed near the beginning of the Agenda. 6E. STATUS REPORT REGARDING MODIFICATIONS TO CITY OFFICES OFFICES (COMMUNITY DEVELOPMENT DEPARTMENT). MOTION: Moved by Dahl, seconded by Wright to approve the expenditure of $28,900 to Young Builders for the Community Development building modifica- tions. Motion carried 4-0-1 (King absent). 6F. STATUS REPORT OF PUBLIC SAFETY-CIVIC CENTER FACILITY. Item continued to the next meeting. 7. COUNCIL BUSINESS 7A. APPOINTMENTS ON HISTORIC PRESERVATION COMMISSION AND PARK MISSION. Item continued to the next meeting. DEVELOPMENT CON- 8. ADJOURNNENT MOTION: Moved by Dahl, seconded by Buquet to adjourn to a Closed Session to consider a litigation matter under the authority of California Government Code Section 5456.9(a), concerning a matter entitled City of Rancho Cucamonga versus San Bernardino County LAFCO and City of Fontana, Case No. SBSC~ OCV 34356. Mo- tion carried 4-0-1 (King absent). The meeting adjourned at 12:20 p.m. to Closed Session. City Council Minutes March 20, 1985 Page 14 The meeting reconvened at 12:/40 a.m. with all members of the Council present except Councilman King. MOTION: Moved by Buquet, seconded by Dahl to approve an agreement entitled, "Settlement Agreement and Mutual Release" between the City of Rancho Cucamonga, Fontaria, and San Bernardino County LAFC, and authorize the Mayor and City Clerk to sign said agreenent conditioned upon and subject to the City entering into a final agreement with Mr. Cossoulis, Mr. Matich, and Mr. Dilorio formalizing the Memorandum of Understanding on the density to be alloved on their property. Motion carried 4-0-1 (King absent). MOTION: Moved by Buquet, seconded by Wright to adjourn the meeting. Motion carried Zp-O-1 (King absent). The meeting adjourned at 12:45 a.m. Respectfully submitted, Beverly A. Authelet City Clerk