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HomeMy WebLinkAbout1981/10/29 - Minutes - Adjourned October 29, 1981 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 Co~mnunity Center, 9161 Base Line Road on October 29, 1981. The meet- ing was called to order at 6:15 p.m. by Mayor Phillip D. Schlosser. Present were: Councilmen James C. Frost,' Jon D. Mikels, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: Lauren M. Wasserman, City Manager; Robert Dougherty, Assistant City Attorney; Jack Lam, Community Development Director; and Lloyd Hubbs, City Engineer. Absent: Councilman Michael A. Palombo. 2. PALO ALTO STREET. At the October 21 city council meeting, Council appointed Councilman Frost and Councilman Mikels to a subcommittee to meet w"ith representatives of the Central School District's Board of Trustees to work out a possible Joint funding of the northerly portion of Palo Alto Street which runs along the front of Dona Merced School. The subcommittee met with school board members was was unable to reach a compromise solution. The issue before Council was whether to assume full responsibility and complete the street as a gesture of concern for community safety and as a service to the children; or, deny funding and allow a substandard street to be constructed, refuse dedication, and maintenance. In essence, the street would become a orivate drive to the school. Mr. Wasserman pointed out that the problem was that the State Allocation Board would only approve paving 20 feet from the centerline. Mayor Schlosser asked Council what they wished to do. Councilman Frost read Section 3923, paragraph 2 on page 2 (excerpts from the State Allocation Board's Policy Handbook) which stated "a school district may not include off-site development costs in an application which benefits ~ther properties; however, if the district should be required to provide such off-site development by other agencies, all costs directly attributable to that off-site development, including planning, test, and inspection~must be borne by the district." Mr. Frost continued by reading Section 2117, Extracts from the Streets and Highways Code, "...if a different plan of improvement of higher standards than that recommended by the State Allocation Board is required by the governing body of the city, city and county, or county the additional cost thereof shall be borned by the city, city and county, or county in which such school building is situated." Mr. Frost stated that these are contradictory statements. Councilman Frost stated that the road needed to be completed. He asked the city attorney if we were legally required to complete the street, and if so, would this set a precedent? Mr. Dougherty replied that in his opinion we were not legally required to complete the street. Councilman Bridge stated that we have to be concerned with the liability issue. Discussion followed between Council and the City Attorney regarding whether we would be setting a precedent if the city completed the street. Councilman Frost commented that regardless of what else needed to be done, the city needed to first complete the street. Councilman Bridge asked that if we could get the idea of protest across, would this help to show we are not setting a precedent? Mr. Dougherty stated that any action we took, it would not require us to take a similar action in the future. City Council Minutes October 29, 1981 Page 2 Mayor Schlosser asked if the school district had sought all avenues of getting monies to pave the street? Both Councilmen Mikels and Frost expressed that they did not know. Councilman Mikels inquired that if we pass the resolution, would it be mossible to include in the resolution that we were doing so under protest and for emergency reasons and to cite Section 3923. Mr. Wasserman stated that we should have ~he city attorney draft some appropriate language for us. Mr. Dougherty stated that we are not in a position to compet anyone to prc~ ide improvements. These sections are difficult to resolve. An interpretation is needed, and the one to give such an interpretation would be the State Attc, rney General's Office, and that would require one of our state legislators to --ake such a request for the city. Both Councilmen Frost and Mikels concurred that the resolution should be approved in order to get the street completed. Mr. Wasserman expressed concern that we could have a similar problem with Chaffey High School District with the access road the city is requesting. Mayor Schlosser asked if we could include in our protest to the School District that the money be repaid if we found a loop hole in these two sections. Mr. Dougherty stated that it did not appear that we could require the school district to put in the other half of the street at their expense. He stated that these two sections needed to be tested. To test this in court would cost the city more than the $11,000 to complete the street. It is really a situation of whether a school district or a city can compel the other to fund that half of the street. Councilman Mikels stated that he felt we had grounds to compel the State Allocation Board to amend the contract to complete the northern side of the street. Mr. Dougherty stated that he doubted we could get very far. He felt it would not be the best use of the tax dollar to have a court aciton. Councilman Frost suggested that the resolution include a dollar amount. Mr. Hubbs stated the amount would be $11,4000 with a 10% contingency. Councilman Frost suggested that the word, "policy," be changed to "opinion." Councilman Mikels stated the words, "an emergency,"should also be included. Motion: Moved by Frost, seconded by Mikels to approve Resolution No. 81-166 and waive the entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo. City Clerk Wasserman read the title of Resolution No. 81-166. RESOLUTION NO. 81-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CONSTRUCTION OF PALO ALTO STREET. Councilman Mikels requested that staff get a complete version of the State Allocation Board's Policy Manual and see how it compares with the Street and High- ways Code. Motion: Moved by Mikels, seconded by Frost to adjourn. Motion carried unanimously. The meeting adjourned at 6:45 p.m. Respectfully submitted, Beverly Authelet Deputy City Clerk