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HomeMy WebLinkAbout1984/02/01 - Minutes February 1, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, February 1, 1984 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley; and Finance Director, Harry Empey. Approval of Minutes: Mr. Buquet requested that in the January 4th minutes on page 5 that the word, "preference" be used instead of the word, "choice." MOTION: Moved by Buquet, seconded by Dahl to approve the minutes of November 16, 1983, corrected minutes of January 4, 1984, and January 24, 1984. Motion carried unanimously 5-0. ***** 2. ANNOUNCEMENTS 2A. Wednesday, February 8, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. 2B. Thursday, February 16, 1984, 7:00 p.m. - CITY COUNCIL/FIRE DISTRICT BOARD MEETING, Lions Park Community Center. 2C. Thursday, February 16, 1984, 7:00 p.m. Park Community Center. 2D. 2E. 2F. PARK ADVISORY COMMITTEE, Lions Thursday, February 2, 1984, 7:00 p.m. - HISTORICAL COMMISSION, Lions Park Community Center. Thursday, February 23, 1984, 7:30 p.m. - CITIZENS ADVISORY COMMISSION, Lions Park Community Center. Mr. Buquet stated he would not be present at the February 16th meeting. Mr. Dahl stated he might not be at that meeting either. 2G. Mr. Wasserman requested a Closed Session at the close of the Council meeting to discuss legal matters. 2H. Mayor MikeIs announced that the SANBAG Board unanimously approved the concept and budget for the Route 30 freeway. City Council Minutes February 1, ~984 Page 2 3. CONSENT CALENDAR (~) (2) (3) (4) (5) (6) (7) (8) 3A. Approval of Warrants, Register Nos. 84-2-I and Payroll ending 1/10/84 for the total amount of $51,050.17. 3B. Approval to increase estimated revenues for Plan Checking $163,964 and increase Engineering Contract Services by the same amount; also transfer $1200 from Co.-.unity Services Contract Account to Community Services Travel and Meeting Accounts. 3C. Forward Claim No. CL84-07 against the City by Sharon R. Pereira to the City Attorney and Insurance Carrier for handling. 3D. A/coholic Beverage Application No. AB 84-02 for On-Sale Beer & Wine Eating Place License for the Elks Club, Elks Lodge No. 2570, 12481 Base Line Road. 3E. Alcoholic Beverage Application No. AB 84-03 for On-Sale Beer & Wine Eating Place License, Connectair A/rlines, Inc., Irving T. Tague, 9375 Archibald, Suite 108. 3F. Approval of Improvement Agreement and Improvement Security for a single family development located at 6969 Amethyst Avenue. RESOLUTION NO. 84-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEleNT AND IMPROVEMENT SECURITY F~' A SINGLE FAMILY DEVELOPMENT LOCATED AT 69~.~ AMETHYST AVENUE. 3G. Approval of Real Property Improvement Contract and Lien Agreement for property located on Strang Lane submitted by Alexander and Joyce Frazin. RESOLUTION NO. 84-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ALEXANDER AND JOYCE FRAZIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (8817 STRANG LANE). 3H. Release of Bonds: DR 80-34 - Located on the northwest corner of Lemon and Haven Avenues; owner, Woodhaven Properties. Faithful Performance Bond (Road) $43,200.00 RESOLUTION NO. 84-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEleNT FOR D.R. 80-34 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOR THE WORK. TRACT 9638 - Located at the northwest corner of Archibald and Lemon Avenues; owner, Crismar Development Corporation. Monumentation Bond $ 2,450.00 City Council Minutes February 1, 1984 Page 3 MOTION: Moved by Schlosser, seconded by Dahl to approve the Motion carried unanimously 5-0. Consent Calendar. 4. ADVERTISED PUBLIC HEARINGS 41. ANNEXATION NO. 1 FOR STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2 - Ordering the work in connection with Maintenance District No. 1 for Tract Nos. 12023, 12024, 12025, 12184, 11173, 11173-1, 11144, 12237, 12237-1, 12305, and Maintenance District No. 2 for Tract Nos. 12184, 12237, 12237-1 and 12237-2. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 84-27. RESOLUTION NO. 84-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12023, 12024, 12025, 12184, 11173, 11173-1. 11144, 12237, 12237-1, 12237-2 and 12305. MOTION: Moved by Schlosser, seconded by Frost to approve Resolution No. 84-27 and waive full reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 84-28. RESOLUTION NO. 84-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 1 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12184, 12237, 12237-1 and 12237-2. MOTION: Moved by Schlosser, seconded by Dahl to approve Resolution No. 84-28 and waive full reading. Motion carried unanimously 5-0. ***** 4B. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMENDMENT - An amendment to Title 14 of the Rancho Cucamonga Municipal Code, Section 14.20.110 of Chapter 14.20, Signs, to change the maximum height limit for a wall sign on an industrial building from 20 feet to a height not to project above the roofline. Staff report by Pick Gomez, City Planner. Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 65-C. City Council Minutes February 1, 1984 Page 4 ORDINANCE 65-C (second reading) AN ORDINANCE OF TRE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA AMENDING CHAPTER 14.20, SECTION 14.20.110 OF TITLE 14 OF THE RANCRO CUCAMONGA HUNICIPAL CODE WHICH REGULATES SIGNS TO ELIMINATE TEE TWENTY (20) FOOT MAXIMUM HEIGHT REQUIREMENT FOR WALL SIGNS ON INDUSTRIAL BUILDINGS. MOTION: Moved by Schlosser, seconded by Buquet to waive full reading of Ordinance No. 65-C. Motion carried unanimously 5-0. MOTION: Moved by Buquet, seconded by Schlosser to adopt Ordinance No. 65-C. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None ***** (12) 4C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 84-01 - An amendment to the Rancho Cucamonga Development Code, Title 17 of the Municipal Code, amending Section 17.08.040-B and 17.08.040-C to require a Conditional Use Permit for single family detached dwellings less than 900 square feet. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meetinS for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 211-A. ORDINANCE NO. 211-A (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08, TABLES 17.08.040-B AND C, OF THE MUNICIPAL CODE, TO REQUIRE A CONDITIONAL USE PERMIT FOR SINGLE FAMILY DETACHED DWELLINGS LESS THAN 900 SQUARE FEET. MOTION: Moved by Schlosser, seconded by Frost to waive full reading of Ordinance No. 211-A. Motion carried unanimously 5-0- MOTION: Moved by Dahl, seconded by Buquet to adopt Ordinance No. 211-A. Motion carried by the following vote: AYES: Dahl, Buquet, MikeIs, Schlosser, Frost NOES: None ABSENT: None (13) 4D. ENVIRONMENTAL ASSESSMENT AND ZONE CFaLNGE 83-08 (TENTATIVE TRACT 12525) - TRUAX - A chanSe of zone from Medium Density Residential (8-14 du/ac) to Low Medium Residential (4-8 du/ac) for a total development subdivision of 16.5 acres into 123 lots, comprising 122 zero lot line units generally located on the south side of Arrow Highway, between Turner Avenue and Center Avenue - APN 209-091-10. Staff report by Rick Gomez, City Planner. City Council Minutes February 1, 1984 Page 5 Mayor Mikeis opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of ordinance No. 216. ORDINANCE NO. 216 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 209-091-10 LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN TURNER AVENUE, AND CENTER AVENUE FROM MEDIUM DENSITY RESIDENTIAL (8-14 DU/AC) TO LOW MEDIUM RESIDENTIAL (4-8 DU/AC). MOTION: Moved by Schlosser, seconded by Dahl to waive full reading of Ordinance No. 216. Motion carried unanimously 5-0. MOTION: Moved by Schlosser, seconded by Dahl to adopt Ordinance No. 216. Motion carried by the following vote: AYES: Dahl, Buquet, Mikels, Schlosser, Frost NOES: None ABSENT: None 4E. DEVELOPMENT AGREEMENT - CALMARK DEVELOPMENT - HERITAGE PARK SENIOR CITIZEN HOUSING PROJECT - Approval of a Development A~reement between the City of Rancho Cucamonga and Calmark Development Corporation for Heritage Park Senior Citizen Housing Project located west of Archibald, north of Base Line. Item continued from January 18, 1984 meeting. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. There the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 217. MOTION: No. 217. ORDINANCE NO. 217 (first reading) b~ing no response, AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND CALMARK DEVELOPMENT CORPORATION. Moved by Buquet, seconded by Dahl to waive full reading of Ordinance Motion carried unanimously 5-0. Mayor MikeIs set second reading for February 16, 1984. 5. NON-ADVERTISED PUBLIC HEARINGS 5A. FORMATION OF ASSESSMENT DISTRICT 82-2. Recommend approval for actions necessary to initiate proceedings to formation of Assessment District 82-2 and approval of plans, specifications, Engineer's Report and fixing the date for protest hearing for March 21, 1984. Staff report by Lloyd Hubbs, City Engineer. City Council Minutes February 1, 1984 Page 6 MacKenzie Brown, bond counsel, presented report which included boundaries of the Assessment District, presentation of the Debt Report, Engineer's Report, authorizing sale of bonds, and setting the public hearing. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Frank Waska went over his questions regarding the loan application as follows: a. Me asked what if you have a mortgage, would the mortgage holder have to agree with this, and how could you get him to do so? b. Item 3 stated that property shall not be developed any further, supposing he wanted to add onto his home, how would this effect that? c. Item 4 states that the loan shall bear interest from its date at the rate of 10%, etc. Me did not understand the interest. d. Item 5 states that any assessment for the llth year will be collected on the tax rolls, etc. He stated he did not understand this. e. Item 6 states that the property owner waives rights to protest to the formation of the District, but does not waive rights to protest the spread of assessments. f. Item 7 states that the property owners acknowledgess that any prepayment of any assessment will not waive or accelerate the 10% year term. Why not? g. Item 8 states that this will be secured by a deed of trust to cover all loan advances. He did not understand the "loan advance." h. Item 9 states they are desirous of receiving loan contribution funds. He stated he was not desirous about this recommendation at all. i. Item 10 states this could be terminated at an earlier date. Me asked if they would be obligated to pay interest after the first five years? Mr. Brown went over Mr. Waska's concerns. John ChoJnacki, 10186 Wilson Avenue, wanted to know where he stood in regard to the Assessment District. Mr. Mubbs stated that at this point his property was not included in the District; he was exempted. Jean Murphy, 9611 Hillside, asked how can anyone get a clear title on their property if there is a lien on it. Darlene Tats, corner of Millside and Hermosa, felt they would not be benefiting from this since their property was high and they don't have flooding. Dan R/chards, 6604 Sapphire, felt that for clarification on the loan and lien would be to use the term "assumable" so that if you are a developer you will pay for it, and if you are not you may continue to do what the first person did -- that is to enjoy the land and not pay for the improvements. Barbara Grimley, 5360 Hermosa Avenue, felt it wasn't equitable, but that this should go to a vote again. She expressed there was a lack of communication between Council and the property owners; and that a formula should be developed for equalizing the burden of this. City Council Minutes February 1, 1984 Page 7 Mayor Mikeis called a recess at 8:55 p.m. The meeting reconvened at 9:17 p.m. with all members of Council and staff present. Mayor Mikeis continued with the public hearing. Albert Leon, owner of 4.8 acres at 5647 Hermosa Avenue, he did not need the storm drain since they have never been in any danger from flooding. John Bannister felt the people would not buy his property with an assessment on it. Willard Most, 5455 Hermosa, stated he did not understand the formula. Bill Forney, 1232 Wilson Avenue, asked if it was possible for the attorney to represent two clients at once as an attorney. Mayor referred the item to the city attorney who stated the question was whether you represented one client against the other, and that you cannot do. Mr. Forney stated he asked this because Mr. Buquet had made a comment that the City Council does not represent the developers, yet he had information which shows that the City of Rancho Cucamonga is with Kingsley Communities in trying to get this developed. He felt they could not represent both the people and the developers at the same time. Mr. Buquet responded that this was on the intent to form the District. Mayor Mikels pointed out that the City Council was representing only the general interests of the City. Mr. Forney also inquired into the difference between a tax and an assessment. Reg Boutet, 8677 Hillside Road, owner of 9 acres at Amethyst and Hillside, asked if there was a tentative schedule for construction. Mr. Hubbs went over the schedule for public hearings, bids, etc. The very earliest construction could begin would be late May or early June of this year. John Shackey asked who did this benefit? It did not benefit any of the people. Mayor Mikels stated his property was actually excluded from the assessment. Tom Murphy, 9611 Hillside Road, asked who created the District and if all the residents within the District have been notified? Mr. Hubbs responded that all of the people who are going to be assessed have been notified. However, the Assessment District has not been approved or created. There being no further response from the public, Mayor Mikels closed the public hearing. Consideration of Resolution Covering Preliminary Determination: Mr. Brown read the title of Resolution No. 84-19. RESOLUTION NO. 84-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT. MOTION: Moved by Buquet, seconded by Schlosser to approve Resolution No. 84-19 and waive full reading. Marion carried unanimously 5-0- (15) City Council Minutes Pebruary 1, 1984 Page 8 (~6) (i7) (i8) Consideration of Resolution approving Report and setting public hearing: Mr. Brown read the title of Resolution No. 84-20. RESOLUTION NO. 84-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE OF PUBLIC HEARING. MOTION: Moved by Dahl, seconded by Schlosser to approve Resolution No. 84-20 and waive full reading. Motion carried unanimously 5-0. , Consideration of En~lneer's Report and settin8 public hearing: Mr. Brown read the title of Resolution No. 84-21. RESOLUTION NO. 84-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REPORT UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931", AND FIXING A DATE OF HEARING THEREON. MOTION: Moved by Schlosser, seconded by Buquet to approve Resolution No. 84-21 and waive full reading. Motion carried unanimously 5-0. , Consideration of Resolution authorizing Sale of Bonds. Mr. Brown read the title of Resolution No. 84-22. RESOLUTION NO. 84-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT. MOTION: Moved by Dahl, seconded by Schlosser to adopt Resolution No. 84-22 and waive full reading. Motion carried unanimously 5-0. ***** Council discussed the formation of the Assessment District and went over the items as follows: Issue: Advance notification originally it was set for five notice would be sufficient. of intent to develop. Mr. Brown stated that years, but he is contemplating 2 or 3 years City Council Minutes February 1, 1984 Page 9 ACTION: After polling the Council, it was the concensus to reduce from the five years to a three year advance notice. Issue: Mr. Brown asked if at the time the notification is given the City, should the property owners be required to pay all past loan mounts, or should they be allowed to accumulate and be paid at time of development? The City Attorney stated that if you defray the payment of the accumulated mounts until the expiration of notice period is what if the person doesn't then come in and pay the balance at that time. The accumulated amounts are not liens against the property since you have agreed not to secure them by deed of trust. He suggested that if you do not required payment at the time the notice is given so as to make the notice operative, then you include a provision that if at the end of the notice period the accumulative amounts are not paid, then the notice is no longer valid and a new notice period would have to commense before the development could occur. Councilman Buquet suggested that when notice iS given that the assessments be made current (that is the accumulated mounts which the City has paid plus interest on that mount) be paid off and from the point on the assessments will be payable when due. Councilman Frost suggested that we hold off the payment when notification is given until the time that permits are pulled. ACTION: Concensus of Council was when notice was given, mounts due would be payable at that point and all prior assessments to that date would be brought current and paid to date. ***** Issue: Do we want to allow development to occur before the three year notification period expires? Mr. Brown stated the only suggestion he had considered would be strictly a payment of dollars to the City at a specified time; penalty payment for early discharge and relief from the three year term; a percentage amount based upon the mount of their assessment. He did not object to a dollar pay off figure, but preferred a time limit. ACTION: Council concurred for draft application to include a provision for a buy out at that period of time for consideration at the next meeting. ***** lssue: Should the term be 15 years instead of the original 10 years? ACTION: Council concurred with the 15 year term. Issue: Should interest cease upon the end of the fifteen year term? ACTION: Council concurred that the interest should cease at the end of the term. Issue: Should there be a waiver of protest rights? They had no objections in waiving the protest rights. City Council Minutes February 1, 1984 Page 10 Mayor Mikels explained that this gives the people who sign the agreement the right to still protest the Assessment District, ACTION: Council concurred in deleting the waiver of protest rights. Issue: When recording of trust deed -- recommended that the agreement itself be recorded without a trust deed on the property. ACTION: Council concurred in the recordation of the agreement itself. Issue: The agreement being applicable or triggered or prohibiting future subdivision activity only or being more restrictive than that. ACTION: Council concurred that when a parcel map or a minor subdivision is submitted for development, that based upon engineering criteria the portion of the property proposed for development as part of the minor subdivision or parcel map will be assessed its percentage share of the total assessment and must be paid at the time a building permit is issued. For those who wish to parcel their property to build another house on their property, there would be a formula apportioning the assessment similar to what we have in establishing the drainage fee. ***** (19) Mayor Mikeis called a recess at 10:35 p.m. The meeting p.m. with all members of the Council and staff present. reconvened at 10:55 48. DAY CREEK COMMUNITY FACILITIES ACT DISTRICT. Resolution of Intention to hold hearing on the calling for an election to form a Community Facilities Act District to construct portions of Day Creek Channel. Hearing date to be set on March 7, 1984. Staff report by Lloyd Hubbs, City Engineer. Bill Stuke, Willdan Associates, presented report to Council. Mayor MikeIs opened the meeting for public hearing. Addressing Council were: Doug Walker, representing Lewis Homes, expressed that considerable more study needed to be done. They were not convinced that the Mello-Roos was the vehicle to building the channel. Randy Bond, General Manager of Edison Company, expressed concern that they would bear a disapportionate share in this district. They do not dispute the need for flood control, but felt the Edison Company should be excluded. Wayne Blanton asked how the boundaries were determined? Mr. Stuke responded to his question. MacKenzie Brown read the titles of Resolution Nos. 84-29, 84-30, 84-31, 84-32, and 84-33. City Council Minutes February 1, 1984 Page 11 RESOLUTION NO. 84-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A SPECIAL REVOLVING FUND FOR THE PURPOSE OF PAYING FOR CERTAIN COSTS AND EXPENSES RELATING TO A COMMUNITY FACILITIES DISTRICT. RESOLUTION NO. 84-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING PROPERTIES AND LAND TO BE SERVED BY CERTAIN PUBLIC CAPITAL FACILITIES IN A COMMUNITY FACILITIES DISTRICT. RESOLUTION NO. 84-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL TAX TO PAY FOR CERTAIN PUBLIC FACILITIES WITHIN SAID COMMUNITY FACILITIES DISTRICT. RESOLUTION NO. 84-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A FINAL "REPORT" FOR A COMMIINITY FACILITIES DISTRICT. RESOLUTION NO. 84-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ISSUE BONDS SECURED BY SPECIAL TAXES TO PAY FOR CERTAIN FACILITIES IN A COMMUNITY FACILITIES DISTRICT. MOTION: Moved by Buquet, seconded by Dahl 84-30, 84-31, 84-32, and 84-33 and waive unanimously 5-0. **** · to approve Resolution Nos. 84-29, full readings. Motion carried 5C. APPROVAL OF CONDEMNATION AGREEMENT WITH R.C. LAND CO. Construction of Training Levee providing Flood Protection for Tracts 11934, 12044, 12045, and 12046. Approval is recommended of agreement with R.C. Land Co. to cover all costs involved in the condemnation of lands required for the construction of a flood protection training levee. Staff report by Lloyd Hubbs, City Engineer. Mr. Dougherty stated the Agreement authorizes the City to proceed with eminent domain proceedings if necessary. This would obligate us to proceed. It would be best not to proceed with the Agreement at this time if Council would not wish to proceed with condemnation action. Mayor Mikeis opened the meeting for public hearing. Addressing Council were: Richard Anderson, representing Wayne Blanton one of the owners of one of the parcels. Mr. Anderson requested denial of the Agreement. Jim McGuire stated that the property is for sale and he is willing to sell. Wayne Blanton stated they have offered their property to the William Lyon Company, but if they wanted to buy it for a dike, then they will have to buy the entire 75 acres. City Council Minutes February 1, 1984 Page 12 Gary Mechlin, William Lyon Company, wanted to make it clear that they never went to Mr. Blanton and threatened to go to the City if he did not sell his property. Mr. Hubbs stated it would be best to proceed with an appraisal. Mr. Dougherty responded that if the Blantons and other property owners could agree on an appraiser, that would be best. Gary Mechlfn stated the reasons the levy had to be put there to devert water from the west to the temporary channel per the Army Corps of Engineers. After further discussion, Mayor Mikeis stated the Council will continue the item to the first meeting in May unless the appraiser is completed prior to that time. 6. CITY MANAGER'S STAFF REPORTS There were no items submitted. 7. CITY ATTOKNEY'S REPORTS There were no items submitted. 8. COUNCIL BUSINESS 8A. PROGRESS REPORT ON STATUS OF EFFORTS OF ETIWANDA HISTORICAL SOCIETY - An oral report was given by James C. Frost in regards to the progress in the relocation of the Chaffey-Garcia House. (25) 8B. EXPIRATION OF TERMS OF OFFICE ON PAKKS COMMITIEE. The terms of office for Leslie Riggs and Pam Henry on the Parks Committee expired on January 20, 1984. Mayor MikeIs recommended that Leslie Riggs and Pam Henry be reappointed for another term. MOTION: Moved by Frost, seconded by Schlosser to ratify the Mayor's reappointment of Leslie Pdggs and Pam Henry for another term on the Parks Committee. Motion carried unanimously 5-0. City Council Minutes February 1, 1984 Page 13 9. ADJOURNMENT MOTION: Moved by Buquet, seconded by Dahl to adjourn the meeting. carried unanimously 5-0. The meeting adjourned at 12:27 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk Motion