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HomeMy WebLinkAbout1982/07/21 - Minutes July 21, 1982 CITY OF ~NCHO CUC~MONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER. The regular 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 Wednesday, July 21, 1982. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Community Ser- vices Director, Bill Holley; and Finance Director, Harry Empey. Absent: Jim Robinson, Assistant City Manager. 2. ANNOUNCEMENTS. a. Mr. Wasserman requested that Consent Calendar item "i" be removed to Staff Report Item 5F. Council concurred. b. Mr. Buquet presented a policy statement of the Board of Supervisors concerning the Flood Control Benefit Assessment Program which was formulated at a meeting on July 20, 1982. The statement is as follows: It shall be the policy of the Flood Control District to cooperate fully with the cities in Zone "W" concerning the benefit assessment for flood control. Specifically, the Flood Control District shall honor the priorities which are established by indi- vidual cities for the expenditure of monies raised in each city after thirteen percent (13%) of the funds are allocated to regional projects. The agreements between the cities and the Flood Control District shall indicate that regional facilities will be maintained by the Flood Control District and local facilities will be maintained by the individual city." The Board of Supervisors voted to put the assessment benefit program on the November ballot. c. Mr. Buquet also reported on a recent meeting of the Government Task Force on Civil Rights. d. Mayor Mikels announced that the city council had challenged the Alta Loma School District to a softball game. It had been agreed that if the city won, the school district would wash the street sweeper; if the school district won, the city council would wash a school bus. The City won 14-1. 3. CONSENT CALENDAR. Councilman Frost requested that item "f" be removed for discussion. a. Approval of Warrants, Register No. 82-7-21, in the amount of $345,957.42. b. Alcoholic Beverage Application for Terry D. Thomas, Pizza Royal, 8671 Base Line (1) Road for on-sale beer and wine eating place. c. Alcoholic Beverage Application for Eun Hee and Song Hwa Ho, Tummy Buster, 8798 19th Street for on-sale beer and wine eating place. (2) City Council Minutes Jul~ 21, 1982 Page 2 (3) d. Set public hearing for August 4, 1982 for Zone Change No. 80-11 and certi- fication of the Environmental Impact Report - NEEVA: The change of zone is from A-1 (limited agriculture) to R-i-20,000 (single family residential on 20,000 sq. ft. lots) and R-3 (multiple family) for 65 acres of land located on the south side of Wilson Avenue, east and adjacent to Chaffey College and extending south to Banyan. The change of zone and environmental impact re- port are the result of a request to develop single family dwellings and 508 multiple family dwellings (Tentative Tract No. 11550). (4) e. Authorization to execute Building Maintenance (janitorial service) Agreement for city offices (9320 "C" and 9340 "A", "B", "C", "D", and "E" Base Line Road, Rancho Cucamonga, California) and the Lion's Park Community Center (9161 Base Line Road, Rancho Cucamonga, Calfiornia) as approved in 1982-83 budget. ( 5 ) f. Aeeep~anee_o~-Bend~-and-Ag~eeme~-~e~-~i~g½e-~am~y-~e~enee-~e~te~'~ ~-V~e~o~-Aven~e---M~½~e. Item removed for discussion. (6) g. Acceptance of Real Property Improvement Contract and Lien Agreement for 5249 Carol Avenue. It is recommended that Council adopt the Resolution authorizing City Clerk and Mayor to sign said real property improvement contract and lien agreement for 5249 Carol Avenue submitted by Thomas and Aida Aramayo. RESOLUTION NO. 82-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM THOMAS AND AIDA ARAMAYO, HUSBAND AND WIFE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. (7) h. Release of Bonds and Notice of Completion. *Site Approval (S.A. 79-10) located at 9900 Arrow Route, Church of the Nazarene. Pass Book (road improvements) $6,500.00 RESOLUTION NO. 82-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE STREET IMPROVEMENTS FOR SITE APPROVAL 79-10 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. i. AP~eve-~mane-~ee~e~y-Ag~eemen~-~e-~n-~de~n~ee-e~en~e~-e~-~e-e~me~-een~e~ ee~te~aee-w~:~:h-ehe-~:~y-e~--Ranehe-~eamenga-en-a-men~:h-~e'mene½'bee~e · Item removed to Staff Report Item 5F. (8) j. Authorize San Bernardino County Department of Agriculture Weed Abatement Division to act as City of Rancho Cucamonga agent in administering Chapter 5, Section 27.051-27.057 (removal of abandoned orchards) of the San Bernardino County Code (these sections adopted by reference - Ordinance No. 137). This will be done on an individual case basis and at the request of the City. Motion: Moved by Dahl, seconded by Schlosser to approve the Consent Calendar with items "f" and "i" removed. Motion carried unanimously 5-0. Item "f" - Councilman Frost expressed concern that the Etiwanda Specific Plan Committee had not yet formed a policy regarding street landscaping. THere would be a meeting of the Committee on August 4th and felt any decision by city council would be premature. Mr. Hubbs stated that there was no emergency, and continuing the item would not pre- sent a problem. Council concurred with Mr. Frost and set this item to come to council at the August 4, 1982 meeting. City Council Minutes July 21, 1982 Page 3 4. PUBLIC HEARINGS. 4A. FORMATION OF INDUSTRIAL ASSESSMENT DISTRICT 82-1. Mayor Mikels opened the discussion by announcing that this is the time and place fixed for the public hearings on Assessment District No. 82-1. For convenience he stated, that the public hearings will be combined into a single hearing although individual actions will be taken where appropriate. City Clerk Wasserman announced that a notice of hearing had been given in the manner and form as required by law, and that there were affidavits on file for the following: Certificate of posting streets; Certificate of mailing notice and filing boundary map; Affidavit of publication of notice of improvement; Affidavit of publication of notice inviting sealed bids; Affidavit of posting notice inviting sealed bids; Certificate of mailing notice of hearing on eminent domain proceedings. Mr. Brown announced the only matters before council should relate to questions re- garding boundaries, estimates of cost of improvements, questions relating to method and formula of assessment spread. Mr. Hamilton, project engineer, made a presentation of the amended Engineers Report and what had occurred at the last meeting. He reported that only three letters of protest had been received which represents three percent of the property owners. A letter had been received from Mr. Jack Sylvester which was not clear whether it was a protest or not. To include this letter with the protests would raise the percentage to eight percent of the property owners protesting. He went on further to report that we had a 21~ percent reduction in construction bids. The overall reduction would result in a 20 percent reduction in the assess- ment. Mr. Brown went on the explain the cost breakdown. Mr. Brown called on Larry Rolapp to make a formal report on sale of bonds. Mr. Rolapp stated that bond bids were opened for the Assessment District on July 18, 1982. It was recommended that the bond bid be awarded to Stone & Youngberg, municipal underwriters, for 12.6074 percent. He stated this was 6.5 percent below the estimate. City Clerk Wasserman announced that three written protests had been received, and also communications from Mr. Sylvester. Copies of these had been delivered to each Councilmember. Mayor Mikels opened the meeting for public hearing to those who had filed written protests. Speaking was: Morton Deboer stated that they had not filed a written protest for this hearing, but had filed one at a former hearing. However, he wanted to pro- test. He owned parcel 236, approximately 10 acres. There being no further comments from those submitting written protests, Mayor Mikels asked if anyone wished to speak against the improvement, the Assessment District, or the method of spread. Speaking was: Vito de Vito Francisco, representing Jack Sylvester. They questioned how the two upper parcels could be included in the assessment since they would not receive any benefit; therefore, they felt these two parcels should not be included. On the Milliken side between 7th and 8th Streets, there will be a realignment for the railroad pass. There is no Cleveland Street because it stops at 8th Street. Mr. Hubbs stated that the upper two parcels will not be assessed at this point. Mr. Brown stated that a notification or amendment at this time would be difficult since the Engineers Report and scope of the project had been completed, and these City Council Minutes July 21, 1982 Page 4 (9) (~o) had not been considered at the time. Mr. Sylvester stated that rather than create any problem, they would withdraw their protest. Mayor Mikeis asked if there was anyone who wished to speak in favor of the Assessment District. There was no response. Mayor Mikels asked if there were any rebuttals. There was no response. Mr. Hamilton presented the percentage of protests at this point which were 1½ percent of the property owners protesting. Mr. Brown stated that the Council could proceed with the formation of the Assess- ment District. Mr. Brown stated that it was possible for a further reduction in costs of the assessments of 18 percent for those who paid early. Council discussed comments made by Mr. Deboer. Councilman Schlosser announced that he would excuse himself from the voting since he had potential conflict of interest. Mr. Berndell, partner with Mr. Deboer, felt it was unfair to force property owners to pay a large assessment. They stand to loose a portion of the property because of the additional cost. Mayor Mikels asked if there was anyone else wishing to speak. There was no response. Motion: Moved by Buquet, seconded by Dahl to close the public hearing. Motion carried unanimously 4-0-1. Mr. Brown introduced and read the title of Resolution No. 82-123 which orders the changes required from the first presentation of the Engineer's Report. RESOLUTION NO. 82-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT. Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 82-123 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-124 which overrules and denies any protests. RESOLUTION NO. 82-124 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 approve Resolution No.82-124 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-125 which is a statutory requirement, and a 4/5's vote is required. City Council Minutes July 21, 1982 Page 5 RESOLUTION NO. 82-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING AND DETER- MINING THAT THE PUBLIC INTEREST, CONVENIENCE, AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPUR- TENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTI- GATION, LIMIATATION AND MAJORITY PROTEST ACT OF 1931"; THAT THE PROJECT IS FEASIBLE: AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. Motion: Moved Frost, seconded by Dahl to approve Resolution No. 82-125 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikeis. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-126, a formal action approving the contribution. RESOLUTION NO. 82-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND PRO- VIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DISTRICT. Motion: Moved by Buquet, seconded by Frost to approve Resolution No. 82-126 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-127, ordering the work and confirming the assessments. RESOLUTION NO. 82-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE ASSESS- MENT, ORDERING THE IMPROVEFLENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT. Motion: Moved by Dahl, seconded by Frost to approve Resolution No. 82-127 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-128, eminent domain proceedings. A 4/5's vote is required. RESOLUTION NO. 82-128 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 ASSESSMENT DISTRICT NO. 82-1 IMPROVEMENTS. Motion: Moved by Buquet, seconded by Frost to approve Resolution No. 82-128 and to waiv,. the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. City Council Minutes July 21, 1982 Page 6 (15) (~6) Mr. Brown introduced and read the title of Resolution No. 82-129, awarding the con- struction contract to the lowest bidder, Bonadiman-McCain, Inc. RESOLUTION N0.82-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AWARDING THE CON- TRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVF2iENT IN A SPECIAL ASSESSMENT DISTRICT. Motion: Moved by Frost, seconded by Buquet to approve Resolution No. 82-129 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. Mr. Brown introduced and read the title of Resolution No. 82-130, accepting the proposal for the sale of bonds to finance the improvements. RESOLUTION NO. 82-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCRO 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: Moved by Dahl, seconded by Frost to approve Resolution No. 82-130 and to waive the entire reading. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. (~7) Mayor Mikels called a recess at 8:50 p.m. The meeting reconvened at 9:15 p.m. with all members of the council and staff present. 4B. REVISION TO DRAINAGE FEE ORDINANCE FOR AREA OF ASSESSMENT DISTRICT 82-1. Staff report by Lloyd Hubbs. Recommend approval of Ordinance No. 180 to remove drainage fees within the area of Assessment District 82-1, amending Ordinance No. 112, and recinding Ordinance No. 111 which established a special drainage impact zone within the Assessment District area. City Clerk Wasserman read the title of Ordinance No. 180. ORDINANCE NO. 180 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAKING RECISSIONS AND AMENDMENTS TO CERTAIN ORDINANCES RELATING TO DRAINAGE REGULATIONS IN THE CITY. Motion: Moved by Buquet, seconded by Dahl to waive further reading of Ordinance No. 180. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. None. ABSENT: Schlosser. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Buquet, seconded by Frost to approve Ordinance No. 180. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. NOES: Councilman Schlosser returned to his council seat. City Council Minutes July 21, 1982 Page 7 4C. VACATION OF UNNECESSARY STREETS AND ALLEYS WITHIN THE VICTORIA PROJECT. Item was continued to the August 4, 1982 city council meeting. (See Section 5B). 4D. ZONE CHANCE NO. 82-01 - ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 82-04 ~ 18] LEWIS. Rick Gomez presented the staff report. City Clerk Wasserman read the title of Ordinance No. 181. ORDINANCE NO. 181 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077-421-06 FROM A-1 (LIMITED AGRI- CULTURE) TO A-P (ADMINISTRATIVE PROFESSIONAL) FOR 2.045 ACRES OF LAND WITHIN THE TERRA VISTA PLANNED COMP[UNITY LOCATED ON THE EAST SIDE OF HAVEN AVENUE, BETWEEN CHURCH STREET AND FOOTHILL BOULEVARD. Motion: Moved by Dahl, seconded by Frost to waive further reading of Ordinance No. 181. Motion carried unanimously 5-0. Mayor Mikels opened the meeting for public hearing. John Melcher, representing Lewis Homes and Director of Architecture. Stated he would answer any questions of council. There being no further response, the public hearing was closed. Councilman Frost asked if this was the best that could be done. He was not pleased with the plan, and felt we could do better. Discussion followed by Council regarding the design. Mr. Dahl stated that he had been present at the Design Review. Four plans had been submitted, and it was felt that this particular plan was in keeping with the overall Terra Vista Plan. Mayor Mikels set second reading of Ordinance No. 181 for August 4, 1982. 4E. GENERAL PLAN AbfENDMENT 82-01B: Proposed Amendment to General Plan Circulation (19) Element to redesignate Highland Avenue from 19th Street to East Avenue from secondary to collector standard. Staff report by Lloyd Hubbs. City Clerk Wasserman read the title of Resolution No. 82-132. RESOLUTION NO. 82-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED CIRCULATION PLAN FOR HIGHLAND AVENUE. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Schlosser, seconded by Buquet to approve Resolution No. 82-132. Motion carried unanimously 5-0. City Council Minutes July 21, 1982 Page 8 (20) 4F. PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENTS. Recommendation was that this item be continued to August 4, 1982 meeting. Motion: Moved by Buquet, seconded by Schlosser to continue item to August 4, 1982. Motion carried unanimously 5-0. (21) 4G. LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNUAL ENGINEER'S REPORT. Recommendation was that the item be continued to August 4, 1982 meeting. Item included the approval of Resolution No. 82-133. Motion: Moved by Frost, seconded by Schlosser to continued to August 4, 1982 meeting. Motion carried unanimously 5-0. (22) 5. CITY MANAGER'S STAFF REPORTS. 5A. CONSIDERATION OF ELECTED MAYOR. If approved the item would be placed on the November ballot. Staff report presented by Lauren Wasserman. Mayor Mikels opened the meeting for public input. *David Flocker, 6674 East Avenue, Etiwanda. He expressed he was in favor of the change; it would make the process more democratic to have the mayor elected by the voters. *Bob Dutton. He had submitted the letter to Council for consideration of making the position of mayor elected. He stated there were a number of people who had expressed that this position should be elected. *Art Bridge. Spoke in favor of making the change to an elected mayor. The meeting was closed to further public input. After a lengthy discussion by Council, Mr. Frost recommended that the item be turned over to the Advisory Commission for discussion and further public input. Motion: Moved by Dahl, seconded by Schlosser to refer the item to the Citizens Advisory COmmission for public input and discussion, and to report back to the City Council. Motion carried unanimously 5-0. Mayor Mikels called a recess at 10:12 p.m. The meeting reconvened at 10:25 p.m. with all members of Council and staff present. 5B. ACCEPTANCE OF BONDS, AGREEMENTS, FINAL MAP, EASEMENTS, AND FORMATION OF DISTRICTS FOR TRACTS 11934, 12044, 12045, AND 12046 - WILLIAM LYON COMPANY (VICTORIA PLANNED COMMUNITY PHASE I). Lloyd Hubbs presented the staff report. City Clerk Wasserman read the title of Resolution No. 82-134. RESOLUTION NO. 82-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AND MAINTENANCE AGREEMENT, IMPROVEMENT AND SECURITY, AND FINAL MAP OF TRACT NOS. 11934, 12044, 12045, AND 12046. City Council Minutt-s July 21, 1982 Page 9 Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. After a brief discussion about what action should be taken this evening, Council decided to proceed with the condemnation policy issue first. Mr. Hubbs stated that if council were willing to approve the condemnation procedure, then the tract maps should not be approved at this time. Mr. Dougherty stated that he felt we should approve a Resolution of Necessity for eminent domain proceedings first which requires a 4/5 vote to approve. He felt the approval of Resolution No. 82-134 was premature. Mr. Mikels asked if all the other resolutions should be postponed also. Mr. Dougherty stated that he could not see any reason for them to go ahead of the tract map. Mr. DiIorio stated that he has been working on that property for three years. only piece of property he has not been able to buy was the piece owned by the Herrero's. He stated they were quite old, and he felt scared. He stated that he has tried buying the land, and was told no. He tried to offer a land trade, and again was turned down. The Mr. Dougherty stated that a land trade has been offered. If we are to become involved in eminent domain, we could not get involved in a land trade since we would have to deal in cash. A reasonable cash offer has to be made. If that is denied, then condemnation if necessary. After much discussion, the following motion was made: Motion: Moved by Buquet, seconded by Schlosser to direct staff to prepare a Resolution of Necessity for condemnation and to notify the Herreros of such, and to approve the Resolution setting the public hearing at the adjourned meeting scheduled for July 22, 1982. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Buquet to continue Resolution Nos. 134, 135, 136,137, 138, 139, 140 to August 4, 1982 meeting for approval. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Frost to continue the public hearing and approval of Resolution No. 82-131 to August 4, 1982. Motion carried unanimously 5-0. 5C. REQUEST FOR APPROVAL OF RESOLUTION OF INTENT TO ESTABLISH A STREET LIGHTING ASSESSMENT DISTRICT NO. 3 FOR THE VICTORIA PLANNED COMMUNITY (TRACT NOS. 11934, 12044, 12045, 12046) AND TO SET A DATE FOR PUBLIC HEARING. (With Resolution Nos. 82-135, 136, and 137). Item continued to August 4, 1982 meeting. See Item 5B for details. 5D. REQUEST APPROVAL OF RESOLUTION OF INTENTION TO ESTABLISH LANDSCAPE MAINTENANCE (27) DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY). (With Resolution Nos. 82-138, 139, and 140). Item continued to August 4, 1982. See Item 5B for details. City Council Minutes July 21, 1982 Page 10 (28) 5E. REVIEW MAINTENANCE AND LIABILITY CONCERNS - CARNELIAN CHANNEL. Staff report by Lloyd Hubbs. Mr. Hubbs stated that a box culvert was recently completed on Carnelian Street which connects to the Demens Channel and to a trapizadial channel that was con- structed in conjunction with tracts 9324 and 9080. These tracts were constructed before incorporation. At the time of incorporation, the channel was offered as a drainage easement to the County, but was rejected on the tract map. It was an irrevocable offer which can be accepted at any time. Since the construction of the box culvert which empties into the Demens Channel, a situation exists of a private channel emptying into a city maintained one. Several property owners have requested that the city block the access to the drainage channel to eliminate any potential hazard. Gates were then locked through the winter at the public right-of-way where access has been limited to the tra~t map. Staff recommends acceptance of the drainage easements and to bring the channel into a city maintained facility. Another issue is that before the box culvert was constructed, the channel was used for trail purposes and has been requested that it again be opened up for such uses. Two issues involved with this is the safety hazard of allowing trail usage without some type of fencing to restrict access into the channel. The second issue is the actual legal requirements to make it a trail since it is now a drainage easement and has not been designated as a trail easement. In order to legalize the use for trail purposes, staff should go back to the property owners and request additional trail easement grants. Two actions are required by council: (1) to accept the drainage easement and facility maintenance, and (2) to guide staff on development of the trail aspect of the channel. To develop the easement for trail purposes, then there are two options available: (1) to open up the portion between Hillside and Carnelian and to fence the easterly edge of the channel at a cost of $7,000, or (2) to open it completely through its entire length which would cost an additional $7,500. Mayor Mikels opened the meeting for public comment. There being none, the public portion of the meeting was closed. After a lengthy discussion regarding acquiring the drainage easements and the use of such for trails, the following motion was made: Motion: Moved by Buquet, seconded by Dahl to approve Resolution No. 82-141 and to waive the entire reading. Further discussion followed regarding the city's liability and whether to form an assessment district. Art Bridge stated that the channel was put in by request of the County. Those who banefired from it are not those adjacent to it, but those down the street. He felt it would not be proper to assess those adjacent to this since it did benefit the entire city. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Mikels, NOES: Frost. ABSENT: None. City Clerk Wasserman read the title of Resolution No. 82-141. RESOLUTION NO. 82-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P~CHO CUCAMONGA, CALIFORNIA, ACCEPTING SAN BERNARDINO COUNTY DRAINAGE EASEMENTS PER TRACTS NO'S 9324 AND 9080. City Council M~nutes July 21, 1992 Page 11 Mr. Dahl stated that since we were obtaining a 60 foot wide easement that he wanted to see this be used for trail purposes and to be added to the motion. Mr. Dougherty stated that the offer of dedication was for drainage purposes. If council wants a trail easement in addition, this must be sought out and obtained from the property owners. Then council can accept that. Motion: Moved by Dahl, seconded by Buquet to direct staff to acquire trail ease- (29 ments on the drainage easement for the northeast side between Hillside and Carnelian. Motion carried unanimously 5-0. Motion: Moved by Dahl, seconded by Frost to have fencing installed along the northeast side from Hillside to Carnelian and to keep the gates on the south- west side locked. After further discussion, Council concurred to wait on the fencing until after the easements were acquired. Both Dahl and Frost withdrew the motion. 5F. APPROVE HUMANE SOCIETY AGREEMENT. Item was removed from Consent Calendar Item 3"i". After some discussion, and because of the lateness of the hour, it was decided to continue disucssion of the item at the July 22, 1982 budget meeting. Motion: Moved by Schlosser, seconded by Buquet to continue to July 22. Motion carried unanimously 5-0. 6. CITY ATTORNEY'S REPORTS. There were none. 7. COUNCIL BUSINESS. A. POSSIBLE FORMATION OF PARKS AND TRAILS COMMISSION Motion: Moved by Dahl, seconded by Buquet to continue to August 4, 1982 meeting. Motion carried unanimously 5-0. 8. ADJOURNMENT. Motion: Moved by Frost, seconded by Buquet to adjourn to July 22, 1982 at 6:30 p.m. in the Lion's Park Community Center for a budget meeting and to discuss items con- tinued from tonight's agenda. Motion carried unanimously 5-0. The meeting ad- journed at 12:15 a.m. Respectfully submitted, ~th~ Deputy City Clerk