Loading...
HomeMy WebLinkAbout1982/08/09 - Minutes - Adjourned AL~guSt 9, 1982 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 Lion's Park Community Center, 9161 Base Line Road on Monday, August 9, 1982. The meeting was called to order by Mayor Jon D. Mikels at 7:00 p.m. Present were: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: Assistant City Manager, Jim Robinson; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; and City Engineer, Lloyd Hubbs. Absent: City Manager, Lauren Wasserman (who was on vacation). 2. PUBLIC HEARINGS. 2A. RESOLUTION OF NECESSITY FOR CONDEMNATION OF PORTIONS OF DAY CREEK BOULEVARD. (1) Staff report by Lloyd Hubbs. Recommendation was to proceed with the adoption of the Rasolution of Necessity Although negotions were proceeding well with the Herrors, it was felt we should proceed in case the negotions broke down. Mr. Dougherty stated it would be appropriate to pass a Resolution of Necessity such as this even if the property is eventually acquired by negotiations because it would en~ure a favorable tax treatment to the landowner. Mayor Mikels asked if the land trade which was mentioned at the last meeting was still a viable consideration. Mr. Hubbs stated he thought it was. They wanted the appraisal to cover the costs of both parcels so they could compare the value in order to consider the trade. Along with this, we will establish the cash value for acquisition. The agreement was on page 87, inadvertently attached with the wrong staff report. With this agreement, the city is agreeing to as summarized: 1. Acquire the property by all necessary legal means 2. Developer will utilize the easement for drainage and overflow channel to satisfy flood protection. 3. All costs for acquiring street and drainage easement shall be borne by the developer. (See agreement for what the costs include} 4. Upon execution of the agreement, the developer shall pay a sum of $3,000 to the city. Prior to the filing of a complaint in eminent domain for the purpose of acquiring the easement, developer shall deposit with city the probable amount of compensation with an additional sum equal to 15%. In event additional monies are necessary, developer will deposit with the city within 15 days after demand is made. 7. City shall allow developer a credit in an amount equal to 50% of all sums deposited by developer against the Systems Development fees. Robert Dougherty stated that as far as condemnation is concerned the city would not share in the appraisal, legal fees, or the other acquisition fees. Those would be exclusively upon the land company. The city would share in the cost of the land, by reason of the 50% credit which is a negotiated figure. City Council Minutes August 9, 1982 Page 2 City Council Minutes August 9, 1982 Robert Dougharty stated that when he drafted this agreement that everything else had failed and we were looking at paying for the land. He was not aware the land swap was still viable and that is not covered in this agreement. Mayor Mikels opened the meeting for public hearing. Addressing Council were: *Tom Clark, attorney for William Lyon. He stated that the city was not responsible for any of the costs for the condemnation. The understanding they had with staff was that the city would use its power of eminent domain to acquire this right-of-way for the regional facility. The Lyon Company would pay for all costs associated with the acquisition and all fees related to that. The original agreement with staff was that there would be a~redit for all the fees paid against the Systems fee. Evidentally staff got t3- gether and recommended 50%. The credit is for the just compensation i~ortion of it. Originally it was to be 100% credit since it was a regional facility. In talking with the city attorney by phone and with the public works director, it became clear that there is benefit to this property as a result of the acquisition of this facility. Therefore, 100% would be unreasonable. He felt 50% was unreasonably low in the light of the fact it was a regional facility. They would request something in the neighborhood of 75 to 80%. Development outside of the Victoria Project will benefit substantially from this facility also. Mr. Dougherty stated that even though Mr. Clark felt that 50% was unreasonably low, we have originals of the proposed agreement which had been signed by authorized respresentatives of the William Lyon Company on behalf of R. C. Land Company which is the subdivider. These documents bear the 50% figure. Mr. Clark stated that Council seemed concern whether disagreement would encourage going to condemnation as opposed to settlement. He stated the results would be the same. William Lyon Company would prefer settlement, they would still pay all the costs and still only get 50% credit; but the costs of settling would be a lot less expensive. Discussion followed with council and Mr. Clark regarding the above. Mr. Dougharty pointed out that if the agreement is accepted by the city, then the city is in control of the negotiations for the acquisition of that right- of-way. The William Lyon Company's only obligation and duty in that regard is to come up with the wear-with-all to make the acquisition and to approve any settlement which is in excess of 115% of appraised value. If a land swap is later brought back as a viable solution, his opinion is that the agreement as written does not contemplate that. In drafting the agreement, it was his understanding that all negotiations in regard to a land swap had fallen through and were at a point now where the Herror's were interested in a cash purchase if anything at all. If it turns out that a land swap will fly, then it will be best for the city and developer. However, the developer should not expect to receive 1/2 of the present appraised value. Mr. Dougherty stated he could not see us proceeding with a Resolution of Necessity without having an agreement with the developer covering the acquisition through the power of eminent domain. A land swap could not be forced on the Herrors. But if this did come about, then it would require further negotiations by all parties including the developer, the city, and the Herrors. City Counc~] ~nutes August 9, 1982 Page 3 Mr. Clark stated that the proposal to the Herrors was that the land swap would occur and the ultimate developer of the property swapped would ultimately end up sharing in the costs of the improvements because of the special benefits associated with the improvements. The ultimate developer would be the Herrors or their successors in interest. Joe DiIorio stated that this land swap would be an approximate $200,000 in value to the Herrors. The history of this was that R. C. Land tried to buy the Herror pro- perty. They said they did not want to sell. The next best thing would be to trade some property. To do this, they would then front onto a major street instead of the normal 60 foot wide neighborhood type street. Because of the position on the general plan, the property would benefit from increased value because of the higher density use. Further more that property would be benefitring for fronting on a major street. There would be no cost to the Herrors. Councilman Dahl asked if Victoria owned the Herror's property what would that do in terms of the systems development fee along that area. What is Victor's portion on that. Mr. Hubbs stated that the whole issue which has been pushed off to a future date, is the whole issue of reimbursement of certain extraordinary expenses involved in development of Victoria. He said there are lands which are being given to the city by the Lyon Company in terms of grant easements to do the same purposes as this one, but no credit arrangemens have been solidified at this point. But it is the position of the Lyon Company to leave the subject open for future dis- cussions. Mr. Dahl stated that had this been Victoria then this would have been thought out perhaps for a 50% credit to the Systems fee. Mr. Hubbs stated that this is some- thing which has been discussed and is a future issue. Mr. Dahl wanted to know if we were setting a precedence by doing this at this time. Mr. Dahl wanted to make it clear that he did not want to be cornered into a 50% credit figure because that is what we did in this case. Mr. DiIorio stated that their sentiments echoed his. Mayor Mikels wanted to explore incentives to bring about the land swap. Mr. Dahl stated he thought there some some type of deadline involved with this. Gary Mechlin, William Lyon, stated they needed to have the maps approved in order to submit them to HUD. The reason he wanted this moved up is because he anticipated exactly what was transpiring now. Mr. Clark stated that whatever happened in regard with the Herrors need not hold up the approval of the map. William Lyon Company and R. C. Land Company are more than willing to do anything to work with Herrors. Mr. Dahl asked the city attorney that if the council made a motion in favor of the Resolution of Necessity and the agreements with the stipulation that the Resolution of Necessity would not be signed by the Mayor until the negotiations have broken down between the Herrors and the William Lyon Company with the city acting as the mediator, then at that time the Mayor would be authorized to sign the documents. Would this be illegal? Mr. Dougherty stated that there is no provision in the law for a conditional Re- solution of Necessity because when this is adopted, the landowner acquires certain rights too. Rights in connection with federal taxation and other things. Also the landowner could possibly acquire some inverse condemnation rights under some circumstances. He would not recommend taking such action as outlined by Mr. Dahl. There being no further discussion, Mayor Mikels closed the public hearing. Motion: Moved by Dahl, seconded by Schlosser to approve the Agreement on pages 87-92 of the Agenda. Motion carried unanimously 5-0. Motion: Moved Buquet, seconded by Schlosser to approve Resolution No. 82-148 and to waive the entire reading. Motion carried unanimously 5-0. Title read by Mr. Robinson. City Council Minutes August 9, 1982 Page 4 RESOLUTION NO. 82-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS ACROSS PROPERTY FOR THE CONSTRUCTION AND MAINT- ENANCE OF PUBLIC STREETS AND DRAINAGE FACILITIES. (2) 2B. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT. Staff report by Lloyd Hubbs Mr. Robinson read the title of Resolution No. 82-131. RESOLUTION NO. 82-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF UNNECESSARy STREETS AND ALLEYWAYS WITHIN THE VICTORIA PROJECT. Motion: Moved by Schlosser, seconded by Buquet to waive further reading of Resolution No. 82-131. Motion carried unanimously 5-0. Mr. Frost asked whether we should approve this before the final maps were approved with the pending situation. Mr. Dougherty stated that it was appropriate at this time to approve the vacation of streets. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 82-131. Motion carried unanimously 5-0. Mayor Mikeis called a recess at 8:05 p.m. The meeting reconvened at 8:15 p.m. with all members of Council and staff present. (3) 3. CITY MANAGER'S STAFF REPORTS. 3A. ACCEPTANCE OF BONDS, AGREEMENTS, FINAL MAP AND EASEMENTS FOR TRACTS 11934, 12044, 12045, AND 12046. THE WILLIAM LYON COMPANY (VICTORIA PLANNED COMMUNITY). Deputy City Clerk Authelet read the title of Resolution No. 82-134. RESOLUTION NO. 82-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AFPROVING IMPROVE- MENT AGREEMENT AND MAINTENANCE AGREEMENT, IMPROVE- MENT AND MAINTENANCE SECURITY, AND FINAL MAP OF TRACT NO'S 11934, 12044, 13045, AND 12046. Motion: Moved by Schlosser, seconded by Frost to waive further reading of Resolution No. 82-134. Motion carried 5-0. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 82-134. Motion carried unanimously 5-0. City Council Minutes August 9, 1982 Page 5 3B. APPROVAL OF AGREEMENTS WITH THE EDISON COMPANY, SANTE FE RAILROAD COMPANY AND (4) TttE WILLIAM LYON COMPANY FOR CONSTRUCTION OF FACILITIES IN CONJUNCTION WITH TENTA- TIVE T~CT NO. 11934. Staff report by Lloyd Hubbs. Mr. Hubbs stated that the city attorney had reviewed all the agreements. Mr. Dougherty stated that council could deal with all three agreements as a group since they could be put on a consent calendar for approval. ~yor Mikels opened the meeting for public conmengs. There being none, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Frost to approve the agreements with the Edison Company, Sante Fe Railroad Company, and the William Lyon Company for con- struction of a railroad overcrossing. Motion carried unanimously 5-0. 3C. FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 3. Staff report by Lloyd Hubbs. Mr. Robinson read the title of Resolution No. 82-135. RESOLUTION NO. 82-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PRO- CEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Motion: Moved by Dahl, seconded by Schlosser to waive the entire reading. Motion carried unanimously 5-0. Mr. Robinson read the title of Resolution No. 82-136. RESOLUTION NO. 82-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRE- LIMIN~y APPROVAL TO THE ENGINEER'S REPORT FOR THE STREET LIGHTING MAINTENANCE DISTRICT NO. 3. Motion: Moved by Schlosser, seconded by Buquet to waive the entire reading. Motion carried unanimously 5-0. Mr. Robinson read the title of Resolution No. 82-137. RESOLUTION NO. 82-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS IN- TENTION TO FORM STREET LIGHTING MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Motion: Moved by Buquet, seconded by Schlosser to waive the entire reading. Motion carried unanimously 5-0. Mayor Mikels opened the meeting for public comments. There being none, he closed the public portion of the meeting. Mr. Schlosser asked if we were overdoing something because of the economic problems. Gary Mechlin, William Lyon Company, stated he had a consultant from the Edison Company look at this to be sure they were not over building. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution 82-135. Motion carried unanimously 5-0. City Council Minutes August 9, 1982 Page 6 Motion: Moved by Schlosser, seconded by Buquet to approve Resolution No. 82-136. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Frost to approve Resolution No. 82-137. Motion carried unanimously 5-0. (8) (9) (~o) 3D. FORFU~TION OF LANDSCAPEMAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY). Staff report by Lloyd Hubbs. Mayor Mikels opened the meeting for public comment. Gary Mechlin, William Lyon Compnay, stated they were paying for ~acant land in order to insure access for new homeowners. They are attempting to offset some of these costs. Mr. Robinson read the title of Resolution No. 82-138. RESOLUTION NO. 82-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PRO- CEEDINGS FOR THE FORMATION OF LANDSCAPE MAIN- TENANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Motion: Moved by Buquet, seconded by Dahl to waive the entire reading of Resolution No. 82-138. Motion carried unanimously 5-0. Mr. Robinson read the title of Resolution No. 82-139. RESOLUTION NO. 82-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRE- LIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 2. Motion: Moved by Schlosser, seconded by Dahl to waive the entire reading of Resolution No. 82-139. Motion carried unanimously 5-0. Mr. Robinson read the title of Resolution No. 83-140. RESOLUTION NO. 82-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS IN- TENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Mayor Mikeis opened the meeting for public comment. There being none, the meeting was closed for further public comments. Motion: Moved by Buquet, seconded by Schlosser to approve Resolution No. 82-138. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Dahl to approve Resolution No. 82-139. Motion carried unanimously 5-0. Motion: Moved by Frost, seconded by Buquet to approve Resolution No. 82-140. Motion carried unanimously 5-0. City Council Minutes August 9, 1982 Page 7 3E. ADDED ITEM: BENEFIT ASSESSMENT FOR FLOOD CONTROL. Staff report by Lloyd (11) Hubbs. Mr. Hubbs presented an Argument in Favor of Measure "W" for the Benefit Assessment District for Flood Control which will appear on the Ballot for November 1982. Council made the following comments as policy directions to the authors: 1. Needs to be shorter. 2. Needs to be more positive. 3. Should mention that the funds go back to the cities. 4. Remove reference to Proposition 13. 4. ANNOUNCEMENT. Councilman Frost announced that the Vineyard Little League won a League game Friday night. Tonight they are playing La Sierra at Huntington Beach. If they win,perhaps the city will want to make some kind of appropriate presentation. Councilman Schlosser reminded Council he would be out of town and would not be at the council meeting. Mayor Mikels announced there would be an Executive Session following the meeting. Mr. Lam stated that the Planning Commission wanted to have a workshop and to in- clude the Council. Date to be announced. 5. ADJOURNMENT. Motion: Moved by Dahl, seconded by Buquet to adjourn to an Executive Session not to reconvene. Motion carried unanimously 5-0. The meeting adjourned at 9:00 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk