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HomeMy WebLinkAbout1983/06/15 - Minutes June 15, 1983 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Raneho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, June 15, 1983. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikeis. Present were councilmembers: Charles J. Buquet, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikeis. Absent: Richard M. Dahl. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dougherty; Community Development Director, Jack Lam; City Planner, Rick Gomez; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Community Services Director, Bill Holley, Senior Planner, Mike Vairin; Senior Planner, Tim Beedie; and Associate Planner, Otto Kroutil. Approval of Minutes: Motion: Moved approve the minutes of May 4, May 18, unanimously 4-0-1. Dahl Absent. by Schlosser, and May 23, seconded by Frost to 1983. Motion carried b, Ce dm em ge 2. ANMOUNCEM~rrS Thursday, June 16, 7:00 p.m. PARK ADVISORY COMMITTEE- Lions Park Community Center, 9161 Base Line Road Thursday, June 23, 7:00 p.m. - ADVISORY COMMISSION- Lions Park Community Center, 9161 Base Line Road City Manager, Lauren Wasserman, announced three city staff members have completed five years of service with the City of Rancho Cucamonga: Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs, and Senior Planner, Mike Vairin. City Manager, Lauren Wasserman, stated at this evening's meeting of the Redevelopment Agency it was not announced to adjourn to the June 30, 1983 meeting to adopt the RDA budget. This announcement will be posted according to law. City Manager, Lauren Wasserman, requested item 6B be set for public hearing July 6, 1983. City Manager, Lauren Wasserman, requested Resolution 83-79 and Ordinance 203, Etiwanda Specific Plan be added as item 4E. Mayor MikeIs announced the Mayors were victorious in the Donkey Basketball Game over the Board of Realtors 32-20. 3o CO[Ii~[~:~*iT CALRRDAR a. Approval of Warrants, Register No. 83-06-15 an~ Payroll ending 05-29-83 in the amount of $648,483.23. b. Forward Claim against the City by Kenneth Coffey to the City Attorney and Carl Warren Co. for handling. (CL83-O17) c. Authorization for staff to accept surplus land (Assessor's Parcel Nos. 207-251-012 and 207-541-060) from San Bernardino County located north of Eighth Street between Grove and Baker Avenues at no cost to the City. (~) (2) City Council Minutes June 15, 1983 Page 2 RESOLUTION NO. 83-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING ASSESSOR'S PARCEL NO.'S 207-251-012 AND 207-541-060 FROM SAN BERNARDINO COUNTY AND THE FLOOD CONTROL DISTRICT AS SURPLUS PROPERTY. (3) d. Award the maintenance contracts for: Parkway Landscape and Irrigation to SCLM Co, Inc. in the amount of R84,106.32/yr., City-wide Street Tree to Homer's Tree Surgery in the amount of $3,022.30/mo., and Street Sweeping to R. F. Dickson Co. in the amount of $2,250/mo all lowest bidders. (CO83-033) (C083-031) (C083-032) (4) e. Acceptance of Final Map for Tract Nos. 12023, 12024, and 12025 - Marlborough Development located east of Archibald Avenue, south of Church Street and west of Ramona Avenue. RESOLUTION NO. 83-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR TRACT NOS. 12023, 12024, AND 12025. (5) f. Approval of Tract Map 11460 for condominium purposes from Lewis Development Company on Sunscape I; approval of Improvement Agreement for completion of certain landscape improvements; and approval of agreement for condominium conversion. RESOLUTION NO. 83-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND FINAL MAP OF TRACT NO. 11460. (6) g. Acceptance of Bond and Agreement for D. R. 82-25 submitted by C & C Construction for Stop 'N Go Market located at 6760 Carnelian Street. RESOLUTION NO. 83-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW 82-25. (7) h. Acceptance of Agreement and Security for Tract No. 9369 (11173) submitted by M. J. Brock and Sons., Inc., located on the southeast corner of Archibald Avenue and 19th Street. RESOLUTION NO. 83-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 9369 (11173). (8) i. Acceptance of Agreement and Security for Tract No. 11144 submitted by TAC Builders located on the west side of Vineyard and north of Arrow. RESOLUTION NO. 83-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TACT NO. 11144. (9) j. Acceptance of Agreement and Security for Tract No. 11173 submitted by' M. J. Brock and Sons, Inc. located at the southeast corner of Archibald Avenue and 19th Street. City Council Minutes June 15, ]983 Page 3 RESOLUTION NO. 83-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11173. k. Acceptance of Agreement, Security, and Final Map of Tract 12184 submitted by Town and County Development located on the east side of Beryl Street, south of Base Line Road. RESOLUTION NO. 83-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT 12184. 1. Approval of Parcel Map 7852 and Real Property Improvement Contract and Lien Agreement submitted by Beverly Fishback. RESOLUTION NO. 83-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 7852, REAL PROPERTY IMPROVEMENT CONTRACT, AND LIEN AGREEMENT. m. Acceptance of a Real Property Improvement Contract and Lien Agreement from Steven and Vera Sensenbach for single family room addition at 7928 Sierra Vista. RESOLUTION NO. 83-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM STEVEN AND VERA SENSENBACH, FOR 7928 SIERRA VISTA, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. n. Set Public Hearing for July 6, 1983 for formation of Landscape Maintenance District No. 3 for Parcel Map 7349 located on the north side of 4th Street, east of the Route 15 freeway. RESOLUTION NO. 83-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GIVING ITS PRELIMINARY APPROVAL TO THE ENGINEER'S REPORT FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 3- RESOLUTION NO. 83-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 83-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 3 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. o. Approval of Initiating Proceedings for the formation of street lighting assessment districts for newly recorded tracts throughout the City. <13) (~4) City Council Minutes June 15, 1983 Page 4 (~6) RESOLUTION NO. 83-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. (~7) RESOLUTION NO. 83-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT NO. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. (18)p. Set Public Hearing for July 20, 1983 for the Intention to Vacate an Alley located between Red Hill Country Club Drive and Foothill Blvd. requested by the developer of D.R. 83-08, Gerald Edwards. RESOLUTION. NO. 83-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A 20-FOOT ALLEY ADJACENT TO LOTS 2 THROUGH 12 OF TRACT NO. 2521 GENERALLY LOCATED BETWEEN FOOTHILL BOULEVARD AND RED HILL COUNTRY CLUB DRIVE. (19)q. Set Public Hearing for July 6, 1983 for Zoning Ordinance Amendment 83-04. An ordinance amending Section fi1.0219(b)(7), Residential Parking Standards, of the Rancho Cucamonga In%erim Zoning Ordinance. (20)r. Set Public Hearing for July 6, 1983 for Environmental Assessment and Industrial Area Specific Plan Amendment 83-01: An amendment to the Industrial Area Specific Plan regarding development standards for interim uses. Motion: Moved by Frost, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 4-0-1. II. AD~IIT~ED PUBLIC lIRARINGS (21)A. VACATION OF 7TB STREET. side of Center Avenue. report by Lloyd Hubbs. Located on the south side of 7th Street, east (Item originally set for March 16, 1983). Staff RESOLUTION NO. 83-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF 7TH STREET. This item continued to July 6, 1983. B. GRANTING OF EAS~ENTS ACROSS 8TH STREET. In connection with Parcel Map 6194 (Cadillac-Fairview) for railroad spur purposes. Staff report by Lloyd Hubbs. (22)Mayor Mikels opened the meeting for public hearing. Addressing Council was: Vito deVito Francesco, representing the owner of 160 acres running from Cleveland to Milliken on 8th Street. He is not opposed to the vacation of 8th Street, but wanted to make sure the granting of easements for railroad spur purposes does not affect property. City Council Minutes June 15, 1983 Page 5 There being no further public response, Mayor Mikeis closed the public hearing. City Clerk Wasserman read the title of Resolution 83-98. RESOLUTION NO. 83-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING EASEMENTS ACROSS 8TH STREET FOR RAILROAD SPUR PURPOSES. Motion: Moved by Buquet, seconded by Schlosser to approve Resolution No. 83- 98 and to waive full reading. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikeis ABSENT: Dahl C. ENVlRONMgNTAL ~SS~A~r AND SIGN ORDINANCE ~rlSIONS. An amendment to (23) the sign regulations contained within Title 14 of the Raneho Cucamonga Municipal Code. This is a comprehensive amendment intended to improve its administration and 'to provide for more effective signing. The basic regulations are not being changed. Staff report by Mike Vairin, Senior Planner. Mayor MikeIs commented on the excellent interaction between the staff and the Chamber of Commerce. Councilman Buquet asked about the impact regarding non-conforming signs on hardship cases. Mr. Vairin replied that non-conforming signs were done prior to incorporation and prior to the ordinance. A good example of a hardship case would be Sunrize Center. Most prior non-conforming signs have been removed due to attrition and development. Mayor Mikeis opened the meeting for public hearing. Addressing Council was: David Kiedrowski, Chamber of Commerce, present on behalf of Bob Glasscock, Chairman of Sign Committee. There being no further response, the public hearing was closed. City Clerk Wasaerman read the title of Ordinance No. 65-B. ORDINANCE NO. 65-B (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 14.04, 14.08, 14.12, 14.16, 14.20, AND 14.28 OF TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE WHICH REGULATES SIGNS. Motion: Moved by Sehlosser, seconded by Buquet to waive full reading of Ordinance No. 65-B and set July 6, 1983 for second reading. D. ORDERING T~E VACATIO~ OF EIG~T~ STREET. From Haven Avenue to 2,500 feet + east of Milliken Avenue (Cadillac-Fairview and O'Donnell-Brigham). Staf~ report by Lloyd Hubbs, City Engineer. Mayor Mikeis opened the meeting for public hearing. Addressing Council was: Jim Wesley, O'Donnell-Brigham & Partners, expressed approval. There being no further response, the public hearinK was closed. City Clerk Wasserman read the title of Resolution No. 83-99- Motion: Moved by Sehlosser, seconded by Buquet to adopt Resolution No. 83-99 and waive full reading. Motion carried by the following vote: City Council Minutes June 15, 1983 Page 6 AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl RESOLUTION NO. 83-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, 8TH STREET FROM HAVEN AVENUE APPROXIMATELY 2,500 FEET EAST OF MILLIKEN AVENUE. (25) E. ETIWAMDA SPECIFIC PLAN: ADOPTION Recommended approval of Resolution No. 83-79 and Ordinance No. 203. Staff report by Otto Kroutil, Associate Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Ronald Smith asked about SW corner of Base Line and Etiwanda. There being no further response, the public hearing was closed. Councilman Frost requested that the NW corner of Etiwanda and Base Line be a floating designation and to allow for each of the four property owners to come in with individual requests for consideration. Councilman Buquet stated this matter was taken care of at the last City Council meeting. City Clerk Wasserman read the title of Ordinance No. 203. ORDINANCE NO. 203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REGULATORY PROVISIONS SECTION OF THE ETIWANDA SPECIFIC PLAN AND AMENDING THE CITY'S ZONING MAP FOR THE EITWANDA AREA ACCORDING TO THESE PROVISIONS. Motion: Moved by Schlosser, seconded by Buquet to waive full reading of Ordinance No. 203. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl Councilman Schlosser felt since Councilman Dahl was not present it would not be appropriate to pass the ordinance at this time. A full City Council was need to pass something of this magnitude. Councilman Frost concurred. Mayor MikeIs stated he discussed this with Councilman Dahl and that there was no problem. Councilman Buquet concurred that the vote on the ordinance should be continued until Councilman Dahl was present. Mayor Mikeis could see no reason to delay. Councilman Frost felt it appropriate that the record show the vote of each individual. Consenus was to delay for full City Council approval. Continued to July 6, 1983. FOR CO~ID~P~TION (26) A. aN ORDINANCE REGULATING CERTAIN ADULT BUSINE.~R3. An ordinance prohibiting certain nude conduct in establishments which serve alcoholic beverages. Robert Dougherty, City Attorney, stated this is enacted under Penal Code sections 3.18.5 and 3.18.6; it is not a zoning ordinance and does not determine where in the City nude entertainment will be conducted. It is a temporary moratorium on adult business in the City. This ordinance would City Council Minutes June 15, 1983 Page 7 prohibit nude and/or semi-nude waiters and waitresses or entertainers in establishments serving alcoholic beverages on the premises. Originally 3.18.5 and 3.18.6 allowed this type of ordinance to extend to establishments serving food and beverages other than alcoholic beverages. With the recent California Supreme Court decision last year decreed that nude and semi-nude dancing is "symbolic speech" and protected under the First Amendment of the Constitution and th~ California Constitution. The case did leave room for cities to legislate in the area where alcoholic beverages alone are involved. Councilman Buquet asked if there were any potential problems or loopholes. Mr. Dougherty stated a potential problem is that the California Supreme Court when called on to rule on an ordinance affecting establishments serving alcoholic beverages may decide that the distinction they drew should not be applied. As of right now the ordinance would be found constitutional. Mayor Mikels commented on nude juice bars being established to avoid serving alcoholic beverages. Mr. Dougherty stated a recent case involving the City of Los Angeles, Lee vs Davis, where a similiar ordinance extending to places that did not serve alcoholic beverages was held unconstitutional. Under present law, we cannot go further than regulate places having nude conduct and also serve alcoholic beverages. Councilman Frost asked if this could be regulated through zoning. Mr. Dougherty stated that could be regulated but the law states cities cannot totally ban nude and semi-nude entertainment, adult bookstores, or adult movie theaters. Councilman Frost asked what the timeframe and options were. Mr. Dougherty' stated another 9-10 months to com~ up with a comprehensive zoning regulation before the moratorium will expire. Mayor Mikels opened the meeting for public input. There being no response, the public section was closed. City Clerk Wasserman read the title of Ordinance No. 200-B. ORDINANCE NO. 200-B (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.08 THERETO PROHIBITING CERTAIN NUDE CONDUCT IN ESTABLISHMENTS WHICH SERVE ALCOHOLIC BEVERAGES FOR ON PREMISES CONSUMPTION, AND DECLARING PENALTIES FOR THE VIOLATION THEREOF. Motion: Moved by Schlosser, seconded by Frost to set second reading for July 6, 1983, and waive full reading. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl B. AM ORDINAMCE ~I~IMG THE CITY'S AMII~AL CO~FrROL OPJ)IMAMCE ~ ~PPROVaL OF FEES. Recommend Council adopt Ordinance No. 63-A and Resolution No. 83-100. Staff report by Lauren Wasserman, City Manager. Mayor Mikels asked what services would be provided by Chaffey Humane Society. Mr. Wasserman replied Chaffey will still handle the humane problems. Dog licenses can be mailed to the County now and in' the future all processing would be on computer. Councilman Buquet asked if City Hall have everything that is needed now. Mr. Wasserman stated we have information sheets but not have forms. Licensed dogs picked up will be kept at kennels in Rancho Cucamonga. The County is willing to look at facilities for this. (27> (28) City Council Minutes June 15, 1983 Page 8 Councilman Buquet commented that he had inquiries from three local vets as to why they were not selected. Mayor Mikels opened the meeting for public input. There being no response, public section closed. City Clerk Wasserman read the title of Ordinance No. 63-A. ORDINANCE NO. 63-A (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING CHAPTER 6.04 OF TITLE 6 OF THE RANCHO CUCAMONGA MUNICIPAL CODE FOR THE PURPOSE OF ELIMINATING MUNICIPAL CODE PROVISIONS WHICH CONFLICT WITH PREVIOUSLY ADOPTED PROVISIONS OF THE SAN BERNARDINO COUNTY CODE RELATING TO ANIMALS. Motion: Moved by Sehlosser, seconded by Frost to waive full reading of Ordinance No. 63-A. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl City Clerk Wasserman read the title of Resolution No. 83-100. RESOLUTION NO. 83-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING THE ENFORCING OFFICER FOR ANIMAL CONTROL SERVICES AND ESTABLISHING A FEE SCHEDULE FOR THE LICENSING OF DOGS IN THE CITY OF RANCHO CUCAMONGA. Councilman Frost requested staff came back with effects of extending delinquent fee. Mayor MikeIs stated fees coincide with the County. Mr. Wasserman added the County is making adjustments to handle this situation. Mayor Mikels set second reading for Ordinance No. 63-A for July 6, 1983. Motion: Moved by Buquet, seconded by Schlosser to approve Resolution No. 83- 100 and waive full reading. Councilman Frost stated he would vote yes to be on the record, but would like staff to come back with a report; consider July 31 as a delinquent date. Mr. Wasserman stated the County will make arrangements for this and it does not need to be done by City Council Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl 6. CITY MANAGER'S STAFF REPORTS (29) A. CONSIDERATION OF A REQUEST BI THE (XXt4UNITY ADVISORY CCt44ISSION. The Advisory Commission has requested the Council consider a policy relating to residential densities. Staff report by Lauren Waserman,.City Manager. Addressing Council was: Sharon Romero, Chairman, Advisory Commission, stated the vote regarding this issue was unanimous and feels it reflects the feeling of the rest of the community. City Council Minutes June 15, 1983 Page 9 Mayor Mikels stated that the City Council had meeting with respect to population projections. 2 of the proposed resolution, he would like different land uses. taken action at a previous He also stated regarding item to look at the percent of Councilman Buquet felt density ranges are too wide, and he could not support a resolution such as this. Ralph Lewis, Lewis Homes, voiced opposition to Advisory Commission recommendation. Mrs. Floeker, felt there were more in opposition to Advisory Commission philosophy and is also opposed the Advisory Commission recommendation. Motion: Moved by Buquet, seconded by Schlosser to receive Advisory Commission recommendation and file it. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl Mayor Mikeis called a recess at 9:00 p.m. The meeting reconvened at 9:16 p.m. will all members of the Council and staff present. B. APPEAL OF PLA~NI~8~ CO~SI~IO~ DECISION TO APPROV~ a REQUEST TO MODIFY CUP 81-04 - VI~YARD BA~. A request to expand their existing modular facility with an additional 936 square feet, related parking, and an extension of time. Staff report by Rick Gomez, City Planner. Set public hearing for July 6, 1983. C. ZONE W - FLOOD CORTRO~ BENEFIT A~F~NT AGREE~ WITH SAN BERRARDIRO COUNTY. An agreement with San Bernardino County on provisions for the administration of funds received under the successful passage of the proposed Measure "W". Staff report by Lloyd Hubbs, City Engineer. The agreement is substantially the same as adopted previously except for modification of clause #9 which discusses indemnity. Under the Benefit Assessment Act the Board of Supervisors and County Counsel want to be held harmless for any legal action that may accrue through the process. Basic provision of the program is that 87% of all funds collected will be returned to the City to expend on projects selected by the City. Funds to the City would be deposited into a separate account and the interest would accrue to the City on those funds. The 87% money would be prioritized by the City. The City's flood control priority list is in excess of $8 million and three projects listed for priority are Turner-Hermosa Drain, the lower Hellman Drain running from Foothill Boulevard south to Cucamonga Creek, and the Day Etiwanda Project. The remaining 13% will be prioritized by the Board of Supervisors. The West Cucamonga Creek project was designated as the number one priority to receive the 13% funds. Zone One Committee recommended cost of the eleetion be shared by the cities involved along with the County in unineorporated areas. Our share Would be $8 400. This figure is related to the precinct votes and the actual administrative costs. Mr. Wasserman stated that the City would add an additional amount for funds needed for allocations from contingency into that account. Mayor Mikels opened meeting for public discussion. There being no response, the public discussion was closed. (30) City Council Minutes June 15, 1983 Page 10 Motion: Moved by Sehlosser, seconded by Frost to approve agreement with County and expenditure of $8,400. Motion carried by the following vote: AYES: Buquet, Schlosser, Frost Mikels ABSENT: Dahl (3E) D. ~KRITAG'K 'PARK DI~IGN CONTRACT: CONSIDERATION OF CONTRACT MODIFICATION. Staff report by Bill Holley, Community Services Director. Mr. Holley presented the site plan for Heritage Park that would be reviewed by the Park Advisory Committee and the Planning Commission. The activity centers at the park would be equestrian, 4H area, two baseball-softball/soccer fields, large playground area, basketball area, picnic facilities, equestrian trail, and Jogging-walking trail. The main access to the park would be on Beryl. Ron Paige, Recreation Systems Inc., stated the preliminary planning process is not completed at this time. A detailed Design Development Report will be prepared including more information on the concept of the design, address the environmental impact that the park will have on the community, discuss costs, and recommend phasing. Councilman Buquet asked what the average cost per acre was to develop. Mr. Paige replied around $50,000 an acre. Councilman Buquet stated the projected cost went from $38,857 to $57,142 per acre. Mr. Paige replied costs on this park are higher because of the substantial amount of grading, heavy use areas, specialized facilities, for example, the inclusion of bridges. Costs are higher because of the site itself, limited access, need for grading, and high impact use that is projected. Councilman Sohlosser asked about the cost of the bridges. Mr. Paige stated the price would vary, but the main bridge would probably be $40-60,000, without amenities. The pedestrian bridge would be in the neighborhood of $20- 30,000. Mayor MikeIs opened the meeting for public discussion. There being no response, the public discussion was closed. Mayor Mikels asked about setting of $1.3 million as the budget cap. Mr. Holley stated the $1-3 million was figured on the remaining land using the standard of $40,000 per acre. As more specifies were looked at, the feeling was that because of grading and amenlties suggested by the design group, the figure would be in excess of $1.3 million, possibly to $2 million. Councilman Schlosser asked for an expIanation of item 2. Mr. Holley replied stated the contract is eliminating the preparation of construction drawings and everything as a direction at this time to the consultant. The Design Development Report portion of the contract will be completed. On phase by phase plan and our ability to pay, the construction drawings would be prepared in detail. Councilman Schlosser felt there should be some monetary limit. Councilman Buquet does not feel the cost was run up by the consultant, but by those who want more amenities. Mayor Mikels stated that phase by phase would probably be the best way to go. Councilman Sohlosser had no problem with the phase by phase. Councilman Buquet thought it would be helpful to get a community facilities act for park development. Mayor Mikels stated that if the community voted on a faeillties act to spend additional money for the park they would have to evaluate what they would be getting for their money and make their decision on the ballot. Councilman Frost stated City Council might want to defer a decision on this item. Councilman Dahl and he are actively evaluating specifics of Mello Roos Act and after their next meeting may be able to provide more input for council to act on. Mayor Mikeis asked if that would impact the decision with respect to the contract modifications. Councilman Frost stated there may be additional information that would have an affect on Council's decision. City Council Minutes June 15, 1983 Page 11 Councilman Buquet felt this item should not be deferred since any decision regarding the Mello Roos Act would not affect this issue of paying the consultants bill. Councilman Frost stated the ability to fund improvements in the park may have an affect on future work. Mr. Holley stated a DDR would have to be prepared in any case. Ron Paige stated they could proceed with working drawings based on $1-3 million without some amenities, but where could the City go from there. It could not go out to bid; if there is flexibility in the contract, ~hey could help. Until a DDR is completed, the actual cost is not known. Motion: Moved by Buquet, seconded by Schlosser to direct staff to modify contract, option #2. Motion carried by the following vote: Councilman Schlosser asked what the modification was. Mayor Mikels stated the City Council is authorizing payment for the DDR, then proceed in phases as we wanted to do the work or had funds to do it. AYES: Buquet, Schlosser, Frost, Mikels ABSENT: Dahl E. AGREI~,!ENT B~EN THE UNITED STATES OF AMERICA AND THE CI'rf OF RANCHO CUCAMONGA FOR RECREATION DEVELOPt~NT OF THE CUCAMONGA CREEl[ AND DEMENS (~. Staff report by Bill Holley, Community Services Director. This is a 50-50 cost share with the Corps to provide amenities such as the work along the rights of way through Heritage Park up the flood control channel. Additionally, there would be refinement of the undercrossing at Base Line. Would entail $285,000 City commitment, which funds are available. Mr. Holley stated the contract needs refinement and recommends referring contract back to City Attorney. Also, there are positive negotiations with CCWD use of the neighborhood park on the south side of Base Line. Councilman Buquet asked what the time element was. Mr. Holley replied it is best to move as soon as possible since the Corps plans to accelerate it up one year, which would mean putting bids out in September. All agreements would have to be reached as soon as possible. Councilman Schlosser stated this is money well spent for betterment of community and Council should proceed with it. City Council referred contract to City Attorney and return finalized agreement to July 6, 1983 City Council meeting. F. REQUEST FOR WAIVER OF CONDITIONS FOR PARCEL MAP ~773. Located on 23rd Street, 850 feet east of Etiwanda Avenue and 950 feet north of Stummit Avenue. Staff report by Lloyd Hubbs, City Engineer. If the current policy was altered it would back to the Planning Commission and public hearing process to modify that condition. Mr. Charles, prospective owner of the property, felt the the burden should not be placed on one person to build a road that would benefit everyone on the lot. City Attorney stated a public hearing is required before any action taken to alter the policy. Mayor Mikels asked if we could enter into a reimbursement agreement in the future after improvements were made. Mr. Hubbs stated that we could enter into a reimbursement agreement. Councilman Buquet asked if there was any way to speed up reimbursements. City Attorney stated that once a parcel has developed without having a condition imposed upon it you will not get it voluntarily without getting paying compensation for it. The only way to obtain easements, except by dedication, as a condition of development or further land division, would be by eminent domain. (33) (34) City Council Minutes June 15, 1983 Page 12 Mr. Charles asked if CCWD having a 20 ft easement could pave that area. He asked if he could put up a bond and develop later. Mr. Hubbs replied that all bonding agreements are fixed time agreements. It would not relieve any financial burden. Mr. Hubbs stated the City would work with Mr. Charles to pave portions of road outside of the water department's easement. Consensus of City Council was to uphold the existing standards and work within the current policy to assist Mr. Charles. (35) G. PROPOSED SOUTHERN PACIFIC ~ SANTA FE TRACK CONSOLIDATION. Recommend participation with the City of Montelair in a study to pursue the abandonment and track consolidation of the most northerly Southern Pacific Rail line. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikels stated he would consider option 2 rather than option 1. Councilman Buquet asked if the $15,000 cost was spread over the participating cities or if it was $15,000 per city. Mr. Hubbs stated it was spread over the participating cities. Motion: Moved by Schlosser, seconded by Buquet to approve consideration of option 2 as outlined in the May 20,1983, letter of L.D. King to the Southern Pacific Transportation Company not to exceed $2,000 from Systems Development to pursue the abandonment and track consolidation of northerly Southern Pacific Rail line. Councilman Frost asked if this was a total project or would there be add ons later. Mr. Hubbs state that there would be add ons later if the proposal was met favorably. Motion carried by the following vote: AYES: Buquet, Sehlosser, Frost, Mikels ABSENT: Dahl (36) H. CONSIDERATION OF E1TENDIN8 CITY OFFICES I-EIRE AGREH~NT. Request to extend existing Agreement though June 30, 1985. Staff report by Robert Rizzo, Administrative Analyst. Councilman Buquet stated he before considering this item. councilmembers individually. would like to see further budget implications Mr. Wasserman stated he would discuss this with Item deferred until after budget approval. 7- CITI ATTOP, NFZ"S R~PORTS No items submitted. 8. COUNCIL BIlSII~ No items submitted. Motion: Moved by Schlosser, seconded by Frost to adJounn to June 30, 1983 at 6:00 p.m. for the Budget meeting. Motion carried unanimously 4-0-1. The meeting adjourned at 10:40 p.m. Respectfully submitted, Acting Deputy City Clerk