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HomeMy WebLinkAbout1982/12/15 - MinutesDecember 15, 1982 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES 1. CALL TO ORDER Regular Meeting A regular meeting of the City Council of the City of Rancho Cuoamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, December 15, 1982. The meeting was called to order at 7:40 p.m. by Mayor Jon D. Mikels. Present were: City Council members 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. Wassermen; City Attorney, Edward A. Hopson, Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Community Services Director, Bill Holley; and City Planner, Rick Gomez. Approval of Minutes: Motion: Moved by Dahl, seconded by Schlosser to approve the minutes of November 17, 1982. Motion carried unanimously 5-0. ® ANNOUNCEMENTS Mr. Schlosser announced he would not be attending the January 19 1983 City Council meeting. ' City Clerk, Lauren Wassermen, requested a closed session to be held following the regular meeting of the City Council, and also requested that item (J) on the consent calendar be amended to include the additional cost of $2500 for an EIR. Total cost of loan request $17,500. , be c, CONSENT CALENDAR Approval of Warrants, Register No. 82-12-15 in the total amount of $322,671.63. Alcoholic Beverage Application for Mary M. Harkins and Baquer Mirza, Bravo Pizza, 8800-B Base Line Road, for On Sale Beer & Wine License. Alcoholic Beverage Application for Edwin H. and Ruth M. Vischer, Heidelberg Delicatessen, 8798 19th St., for On Sale Beer & Wine Eating Place License. (2) d. Alcoholic Beverage Application for Joe and Sharon Lee Davidson, Deane's, (3) 8108 Ban Bernardino Rd., for On Sale General Public Premises License. e. Approval of Changes to the Urbanized Boundaries and the Federal Aid Urban (4) System. RESOLUTION NO. 82-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING CERTAIN ROADS TO BE IN THE FEDERAL-AID URBAN SYSTEM. City Countil Minutes December 15, 1982 Page 2 (5) f. Acceptance of Real Property Improvement Contract and Lien Agreement for 9757 Liberty Street submitted by Ray and Nancy Jones. RESOLUTION NO. 82-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTy LMPROV~MENT CONTRACT AND LIEN AGREEMENT FROM RAY AND NANCY JONES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. (6) g. Cooperation Agreement with the County of San Bernardino to Provide Assistance in Obtaining I.R.S. 103b Multiple Family Housing Mortgage Bond. This agreement provides for San Bernardino County to act as the issuing authority for a multiple family mortgage bond issue to be used on an approved multiple family housing development east of Archibald Avenue and 19th Street. (7) h. Request for approval of right-of way documents for final remaining parcels in Assessment District 82-1. RESOLUTION NO. 82-206 (s) i. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING OFFERS OF DEDICATION FOR STREETS AND STORM DRAIN EASEMENTS IN ASSESSMENT DISTRICT NO. 82-1. Release of Bond and Notice of Completion. *Parcel Map 6322 located on Foothill Blvd. east of Vineyard Ave. (Gemco). Owner: Lewis Development Co. Performance Bond (Road) $223,000.00 RESOLUTION NO. 82-207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 6322 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. (9) J. Request Loan to Redevelopment Agency to fund Day Creek Bureau of Reclamation Grant. Total amount of loan request is amended to $17,500. Motion: Moved by Schlosser, seconded by Frost to approve the Consent Calendar as presented. Motion carried unanimously 5-0. (~o) 4. PUBLIC A. VACATION OF THE SERVICE HOD LOCATB~ ON THE SOUTHSIDE OF FOO'J'HTLI. BLV]). IN CONNECTION WITH PARCEL NAP 611q Sl~MIrr~) BI VISTA IM~F~TMMMT: Request to continue public hearing for the vacation of the service road located on the southside of Foothill Boulevard in connection with Parcel Map 6114 submitted by Vista Investment. Report by Lloyd Hubbs. Mayor Mikels opened the meeting for public hearing. There being none, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to continue item to February 2, 1983, City Council meeting. Motion carried unanimously 5-0. City Council Minutes December 15, 1982 Page 3 B. EN~I~]MAL A~_~MM AMD ZOME C~A~E 82-4)3 - BIDCAL. A change of zone from R-1 (Single Family Residential) to R-3 (Multiple Family Residential) for 2.02 acres of land located on the west side of Archibald Avenue, north of Monte Vista Street - APN 202-131-61 and 62. Staff report by Rick Gomez. Mayor Mikels opened the meeting for public hearing. * Gene Kearin, 28914 Roadside, Agoura, owner of the project announced he was present to answer any questions council may have. There being no further response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 187. ORDINANCE NO. 187 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-131-61 AND 62, LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, NORTH OF MONTE VISTA STREET FROM R-1 TO R-3. Motion: Moved by Dahl, seconded by Sehlosser to waive further reading of Ordinance No. 187. Motion carried unanimously 5-0. Mayor Mikels set January 5, 1983, for second reading of the ordinance. (11) C. ORDB/31G AMBRTATION NO. 11 TO LAMn~APE MAIa~JaiCg DIS~ICT NO. I FOR T]~ACT M0. 12040. Staff report by Lloyd Hubbs. Mayor Mikels opened the meeting for public hearing. There being no response the public hearing was closed. City Clerk Wasserman read the title of Resolution No. 82-208. RESOLUTION NO. 82-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 11 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TRACT NO. 12040. Motion: Moved by Dahl, seconded by Frost to waive further reading of Resolution 82-208. Motion carried unanimously 5-0. Motion: Moved by Schlosser, seconded by Frost to adopt Resolution No. 82- 208. Motion carried unanimously 5-0. 5. CITT ~AManM9,S STAFF A. ~ Rn.t. COUNT~T CLUB DRIWM SLOPE STABILIZATION. Staff report by Lloyd Hubbs. Review of request from Red Hill Country Club to participate in construction of retaining wall to stabilize slope on Red Hill Country Club Drive north of Foothill Blvd. Continued from October 20, 1982, meeting in order to obtain survey of property lines. Mr. Hubbs stated the survey information would be costly and Mr. Crum would like the opportunity to discuss the project with council. At this time, Mr. Schlosser excused himself from the council table. City Countil Minutes December 15, 1982 Page 4 · George Crum, 2213 Laurel Way, Upland, representing Red Hill Country Club, has obtained a report from a soils engineer which states the bluff is unstable in its present condition. The engineer recommended improving the drainage to prevent water going to the bluff area from the slope and building a retaining wall. The Country Club has already improved the drainage. Fu~. Crum also stated documentation was unavailable to show where property lines were located and the cost of locating property lines would probably be in excess of the cost to reinforce the bluff. He requested council accept his proposal to install the retaining wall with Red Hill Country Club paying a maximum of $10,000 and the city paying the remaining portion of $8,050. Mayor Mikels stated if right of way was 40 ft. from center, city property would, in fact, be located on the golf course. Mr. Crum stated that was correct. Mr. Buquet expressed concern about incurring added costs of relocating the retaining wall if the street needed to be widened in the future. Considerable discussion was held regarding the right of way being 40 feet from center and determining the exact property line. Mr. Buquet suggested an alternative solution would be to either taper the bluff or to expand the width of the road. Mj-. Crum stated the retaining wall would be the least costly way to correct the problem. Mr. Hopson stated if the bluff is on city property, the city has the entire responsibility to correct the situation. Mayor Mikeis asked about restrictions if the land were privately owned and the city corrected the problem. Mr. Hopson stated to eliminate a potential impact on the adjacent public property it would be a justifiable expenditure. If someone's private property ends up in the public right of way it is technically their responsibility to remove it. He would not, however, like to see a situation where an injury occurred even if private property were to fall in public right of way and the public entity had noticed there was a problem, even if the problem were concerning private land; public entity becomes responsible in that circumstance. Mr. Buquet stated a precedent could be set and other requests could be submitted to the city to remove, for example, eucalyptus trees. Mr. Hopson stated if council did not feel comfortable going along with the project unless proper surveys were submitted either by Red Hill or the City Engineer, then this project should not be undertaken. Mayor Mikels asked if a title search would be sufficient to locate boundaries on surrounding properties and use those lines to determine property lines of the proposed retaining wall. Mr. Hubbs stated a known line would have to be established on one side of the boundary or another. Some boundary line would have to be established and this would require a survey. In resonse to a question by Mayor Mikels regarding actual cost of survey, Mr. Hubbs replied it was dependent on how extensive the engineer needs to go; probably in the $2,000-$4,000 range. Mayor Mikels opened the meeting to the public. There being no response, the public section was closed. Mr. Frost inquired as to who owns the wall and liability if ownership of the property was not determined. Mr. Crum stated if council proceeds with project, construction of wall would be supervised by city and city would maintain the wall. Red Hill Country Club would maintain the top of the wall inward and provide backfill material between the wall and the bank. City Council Minutes December 15, 1982 Page 5 Mayor Mikels asked the outcome if later a survey were to show the land in question was private land, but ownership of the wall was the oity's. Mr. Hopson was not able to provide an answer at this time. Mayor Mikeis expressed concern regarding involvement by the city in ownership and maintenance of a structure to benefit private property. Mr. Hopson stated if the property line is eventually established to the satisfaction of the city, which determines the wail is on private land, the wall, maintenance of the wall, and maintenance of the slope would become the responsibility of the Country Club. If the street were widened with future developmant, it could be feasible to establish engineering documentation at that time. Mr. Dahl, in agreement with Councilman Buquet, added property lines should be determined, but also felt it was not economically feasible. He suggested the city participate in installing the retaining wall to the extent of $8,500 maximum. Mr. Frost asked about the holding capacity of the road and whether there would be a need to widen the road. Mr. Hubbs replied more than a two lane road was not needed or desirable; there may be future widening on the south and east with new development. Mr. Frost asked if the road could stay in its existing state. Mr. Hubbs replied some areas would benefit by rennovating rather than increasing the capacity of the road. Mr. Dahl expressed concerned with immediate liability the city would incur if the road washes away. Mayor Mikels asked if council decides to build the road to find out right of way is 40 feet from center and city decides they want no maintenance or ownership of wall. Mr. Hopson replied, the city would receive a contribution from Red Hill Country Club to construct public improvement. If a private wail is constructed on city property, the city could do what it wanted to with the wall. City could not own the wall if the land is privately owned. Ownership of wall is dependent on ownership of the land. Mr. Frost suggested council go back to the budget process with this along with capital improvements project. Mr. Dahl inquired as to the traffic count. Mr. Hubbs estimated 3,000-4,000 cars per day. Mr. Buquet asked without determining where the property line is, what would happen if property owners on the south and east decide to improve property and we find property line where the center line is at this time. We could possibly end up with a one lane road. · Mr. Crum stated the crib block wall is easy to remove if necessary. Motion: Buquet moved to take no action on this request. Motion dies for lack of second. Motion: Frost moved to direct the City Engineer to include on his list for inclusion in the budgetary consideration review for capital improvements by the Citizens Advisory Commission and City Council for the fiscal year 1983- 84. Seconded by Dahl. · Mr. Crum stated this offer will be withdrawn at the end of the year when the bid expires. City Countil Minutes December 15, 1982 Page 6 Motion carried by the following vote: AYES: Dahl, Frost, Mikels. NOES: Buquet. ABSENT: Schlosser. Mayor Mikeis called a recess at 8:37 p.m. The meeting reconvened at 8:51 p.m. with all members of the Council and staff present. 6. ClT~ ATTORN~'-~ REPORTS. 7. CODICIL BUSXNE~S. (14) A. SELECTION OF REPRESENTATIVE FOR SCAQ~ BOARD. On January 5, following SANBAG meeting, a representative to South Coast Air Quality Management District Board will be selected for this two year appointment. Mayor Mikels requested council input regarding which nominee to support for the selection. Names submitted for nomination are Councilman Tom Sawyer, City of Rialto, and Councilwoman Faye Dastrup, City of Ontario. Mr. Frost stated since a representative from our immediate vicinity should be to our advantage, he recommends Faye Dastrup to serve on the board. Motion: Moved by Frost, seconded by Buquet to support Councilwoman Dastrup for nomination as representative for SCAQMD. Motion carried unanimously 5-0. (15) B. CITY COUNCIL APPOI][XM~NTS TO PA~[ ADVISORY CGNMITTEE. Mayor Mikels announced pursuant to newly adopted Resolution 82-203 creating a Park Advisory Committee there were five seats on the committee that needed to be filled, and recommended the following to council for ratification. Pam Henry, Livia Vallance - Alta Loma T. Hatfell Allen, Peter Pitassi - Cucamonga Jim Banks - Etiwanda Pam Henry to serve as chairperson }dr. Frost recommended Naoho Gracia to serve on the committee. Motion: Moved by Dahl, seconded by Buquet to ratify recommendation of Mayor Mikels. Motion carried unanimously 5-0. Mayor Mikels announced the meetings would be held the third Thursday of each month; the first meeting to be held in January. Committee appointments-elect to take effect the third Thursday of January. Mayor Mikels recommended they be appointed as committee persons-elect to have terms commence concurrent with the first meeting. Mp. Dahl recommended council direct Bill Holley, Community Services Director, to provide Park Advisory Committee agenda at the January City Council meeting. (16) C. CHRISTMAS HOUSE Mr. Buquet presented a Christmas House update. If bids for the Christmas House were not acceptable when opened December 16, i982, he felt the price could possibly be reduced and we could negotiate with owners of the house. Mr. Buquet requested city council give support to movement of house to Cucamonga-Guasti Park. Mr. Dahl added that by going into a limited joint venture, our city could retain a say in the management and uses for the building. City Council Minutes December 15, 1982 Page 7 Discussion was held regarding showing interest in the acquisition of the Christmas House in a Joint venture and also possible future uses of the house. Mayor Mikels felt the house should remain in the city, and possibly become established as an historical landmark. Motion: Moved by Buquet, seconded by Schlosser to express Rancho Cucamonga's interest in participating in the acquisition of the Christmas House and its movement to the Cucamonga-Guasti Regional Park in cooperation with the City of Ontario, San Bernardino County, and private sector. Motion carried by the following vote. AYES: Dahl, Buquet, Schlosser. NOES: Frost, Mikeis. Mr. Frost commented that efforts could be spent by working with the new owner and encouraging the use in the city. Motion: ~ved by Dahl, seconded by Frost to adjourn to closed session not to reconvene. ~tion carried unanimously 5-0. ~e meeting adjourned at 9:30 p.m. Respectfully submitted, Mary Kuhn Acting Deputy City Clerk