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HomeMy WebLinkAbout1984/05/24 - Minutes - Adjourned May 24, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting 1. CALL TO ORDER An adjourned meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Thursday, May 24, 1984. The meeting was called to order at 6:18 p.m. by Mayor Jon D. Mikels. Present were:' Councilmembers Pamela M. Dahl, Jeffrey King, and Mayor Jon 6:47 p.m. J. Wright, Charles J. Buquet II, Richard D. Mikels. Councilman Buquet arrived at Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Assistant to City Manager, Robert A. Rizzo; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; and Building Official, Jerry Grant. 2. CONSENT CALENDAR 2A. Approval to advertise for bids for the Annual Street Striping and Pavement Marking Services Contract. MOTION: Moved by Dahl, seconded by Wright to approve the Consent Calendar. Motion carried unanimously 4-0-1 (Buquet had not arrived). (1) 3. STAFF REPORTS 3A. CONSIDERATION OF PROPOSED CENTRAL PARK LAND PURCHASE AND GIFT AGREEMENT. Mr. Wasserman presented staff report. Councilmember Wright asked if the price on the park land was directly connected with negotiations with any other aspect of Terra Vista outside of this park agreement? Mr. Holley responded that this was a completely separate issue. The price was calculated on the City's ability to pay and the desire of Lewis Homes to see this particular project come to fruition through the reduced price. This had no connection with any other aspect of Terra Vista. Mayor Mikels asked if Mr. Lewis or any representative from his company had any comments. Ralph Lewis stated that he was pleased that the City's acquisition of the park site was finally being resolved. Regarding the low price, he said that it had been Lewis Homes' practice over the years to make donations to cities and service agencies in order to give something back to the communities where they build. He stated that was his motivation in making this gift. Mayor Mikels highlighted that the donation by the Lewis Company amounts to approximately one-third of the park. The value of the land is well beyond in total market value the capability of the City at this point. This park could not have been accomplished without generosity and good faith effort of the Lewis Company. Mayor Mikels stated that to commemorate and recognize this contribution, we want to name the first and largest facility in that park the Ralph Lewis Sports Complex or other name chosen by Mr. Lewis to commemorate for all times that gift to the citizens of Rancho Cucamonga. Mr. Lewis thanked the Council and asked that, if possible, his wife's name, Goldy, could also be included. (2) City Council Minutes May 24, 1984 Page 2 Mayor Mikels questioned the difference in language within the Land Purchase and Gift Agreement as follows: Page 2, section 2: The City represents and warrants, which representation and warranty are material parts of the consideration to Lewis: (a) That the Property shall be developed and forever used solely for public park purposes. Page 8, section (b): Lewis may apply at any time thereafter to begin development of such Lots pursuant to Section VI of the Tetra Vista Community Plan adopted February 16, 1983 (the "Community Plan") which provides in part that "the site will (then) be developed for income property uses, that is, rental properties intended to be maintained by the owner/developer for its investment portfolio...", and the City agrees to process such application in good faith consistent with said Community Plan and General Plan of the City. then at the bottom of page 8: For purposes of this Section 10 of this Agreement a lease, license, or similar grant to a private business entity for purposes of providing or operating public recreational facilities shall not be a default in the terms hereof or the All Inclusive Purchase Money Deed of Trust and shall not activate this right of repurchase. Mr. Mikeis specific question was does a pizza parlor constitute a public recreational facility? If not, then there is a discrepancy in the language in the Agreement and the understandings that we have reached in terms of negotiations. He felt the language precluded ancillary uses to the park and leaves room for misunderstanding if we wanted to put a pizza parlor in the park. Attorney for Lewis Homes, Dennis Alekel, and City Attorney, Robert Dougherty, met to formulate a change in the language. Recommended changes were: Page 2, section 2 (a): that the Property shall be developed and forever used solely for public park or ancillary commercial purposes; Page 8, section 10: For purposes of this Section 10 of this Agreement a lease, license, or similar grant to a private business entity for the purposes of providing or operating public recreational facilities or ancillary commercial facilities shall not be a default in the terms hereof .... etc. MOTION: Moved by Dahl, seconded by Wright to approve the Land Purchase and Gift Agreement as amended by the attorneys. Motion carried by the following vote: AYES: Wright, MikeIs, Dahl, King NOES: None ABSENT: Buquet (3) 3B. CONSIDERATION OF RECOMMENDED TERRA VISTA PARK IMPLEM~TATION PLAN. Staff report presented by Lauren Wasserman, City Manager. Mayor Mikels questioned Mr. Holley how the 50% credit works with respect to the other dedications. "Any project containing private open space and recreation facilities which meet the above standards will receive credit against the park requirements of Municipal Code Section 16.31 for the private recreation area provided but not to exceed 50% of the project's park requirements." Fifty percent of what? Mr. Holley responded using an example that if a particular tract had a park dedication requirement of one acre. Up to 50% of that one acre could be met through private open space. City Council Minutes May 24, 1984 Page 3 Mayor Mikels asked what if there were ten acres? It would be five acres then? In theory responded Mr. Holley. But there is a cap on private open space stated Mr. Mikels. Mr. Holley responded that was correct - 8.2 acres. Mr. Mtkels stated that there is not reference to that cap on either page 9 or 10 of the Park Implementation Plan. Mr. Holley stated that on page 10 it states: "Unless the community's total park requirement changes from 55.8 acres, credit against this requirement for private open space shall not exceed 8.2 acres unless specifically approved by the City as development progresses." Mr. Holley stated that what we are envisioning at this particular point based on the mid-range density of the Tetra Vista Planned Community is that there will be a requirement placed of 55.88 acres total. Within that it would be proposed and recommended that 47.6 acres of that be public open space composed of public parks, trails, and greenway. The remainder of 8.2 acres is proposed to be used for private open space considerations so long as they meet the guidelines for private open space as laid out in the particular plan. Mr. Holley further stated that the park credit is not at the option of the developer since the City has to approve this. It is a joint cooperative venture in implementing the Plan. Councilmember Buquet arrived - 6:47 p.m. MOTION: Moved by King, seconded by Dahl to approve the Tetra Vista Park Implementation Plan. Motion carried unanimously 5-0. 3C. CONSIDERATION, BY ORDINANCE, OF THE TERRA VISTA PARK DEVELOPMENT AGREEMENT BETWEEN LEWIS HOMES AND THE CITY OF RANCHO CUCAMONGA. Staff report presented by Lauren Wasserman, City Manager. Mayor Mikels asked what was the purpose of the language on page 10, Section 10 of the Development Agreement, "The parties agree that this Agreement shall not bind any lender providing construction or permanent financing for any improvements in the Planned Community..." Mr. Dougherty responded that in practical purposes the language is to allow the developer to get a loan from a lender because as a matter of practice with an agreement like this any type of an agreement were to affect a lender, they would not as a practical matter loan money. The only time this would come into play is if a lender were to loan for a development and later be required to foreclose. Generally speaking by that time you would already have obtained your park dedication with respect to the particular tract concerned. He did not see this as a stumbling block as a practical matter for the City. City Manager, Lauren Wasserman, read the title of Ordinance No. 227. ORDINANCE NO. 227 (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT ENTITLED "TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1" BETWEEN THE CITY OF RANCHO CUCAMONGA ON THE ONE HAND AND LEWIS CONSTRUCTION COMPANY, INC., WESTERN PROPERTIES, LEWIS HOMES OF CALIFORNIA, AND LEWIS DEVELOPMENT COMPANY ON THE OTHER HAND. MOTION: Moved by Dahl, seconded by King to waive full reading of Ordinance No. 227. Motion carried unanimously 5-0. Mayor Mikeis set June 6th for second reading and holding of the advertised public hearing. 3D- APPROVAL OF MAPS AND RELATED IMPROVEMENT BONDS FOR TRACTS: 12316, 12316-1, 12317, 12317-1, 12364, 12364-1, and 12402. Staff report by Lloyd Hubbs, City Engineer. City Council Minutes May 24, 1984 Page 4 (6) Councilmember Wright expressed that since she was not on the Council when the maps were originally filed with the City, she would abstain from voting. City Manager, Lauren Wasserman, read the title of Resolution No. 84-145 and Resolution No. 84-146. RESOLUTION NO. 84-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12316, 12316-1, 12317, 12317-1, 12364, and 12364-1. RESOLUTION NO. 84-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12402. MOTION: Moved by Dahl, seconded by Buquet to waive full reading of Resolution No. 84-145 and Resolution No. 84-146. Motion carried by following vote: AYES: Buquet, Mikels, Dahl, King NOES: None ABSENT: None ABSTAIN: Wright 3E. SET PUBLIC HEARING DATE OF JUNE 20, 1984 TO FORM LANDSCAPE MAINTENANCE DISTRICT AND STREET LIGHTING MAINTENANCE DISTRICT FOR PORTIONS OF THE TERRA VISTA PLANNED COMMUNITY. Staff report by Lloyd Hubbs, City Engineer. (Resolutions for the formation of the Street Lighting Maintenance District were not included). City Manager, Lauren Wasserman, read the title of Resolution No. 84-147, Resolution No. 84-148, and Resolution No. 84-149. RESOLUTION NO. 84-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 84-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) (7) RESOLUTION NO. 84-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCARONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY), PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. MOTION: Moved by King, seconded by Buquet to waive full reading and adopt Resolution Nos 84-147, 84-148, and 84-149 and to approve the setting of public hearing for the formation of Street Lighting Maintenance District and Landscape Maintenance District on June 20, 1984. Motion carried unanimously 5-0- City Council Minutes May 24, 1984 Page 5 3F. CONSIDERATION OF THE TERRA VISTA MASTER PLAN OF DRAINAGE. Staff report by Lloyd Hubbs, City Engineer. City Manager, Lauren Wasserman, read the title of Resolution No. 84-153. RESOLUTION NO. 84-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE MASTER PLAN OF DRAINAGE FACILITIES FOR THE TERRA VISTA PLANNED COMMUNITY. MOTION: Moved by waive full reading. AYES: NOES: ABSENT: ABSTAIN: Dahl, seconded by King to adopt Resolution No. 84-153 and Motion carried by the following vote: Buquet, Mikels, Dahl, King None None Wright Councilman Dahl thanked Lewis Homes for their participation in the Park Agreement and the Park Land Purchase Agreement. 3H. CONSIDERATION OF SERVICES PROVIDED BY CITY City Council spent some time going over the City services. MOTION: Meeting. 4. ADJOURNMENT Moved by Buquet, seconded by Dahl to adjourn to May 31, 1984 Budget Motion carried unanimously 5-0. The meeting adjourned at 7:18 p.m. Respectfully submitted, City Clerk (s) (9)