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HomeMy WebLinkAbout1981/04/15 - Minutes April 15, 1981 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER The regular meeting of the City Council was held in the Lion's Park Community Center, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, April 15, 1981. The meeting was called to order at 7:00 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also Present: Assistant City Manager Jim Robinson (Acting City Manager/Clerk); Deputy City Attorney Bob Dougherty; Director of Community Developement Jack Lam; City Engineer Lloyd Hubbs; Director of Community Services Bill Holley. Absent: City Manager Lauren Wasserman Approval of Minutes: Motion: Moved by Palombo, seconded by Mikels to approve the minutes of March 16, 1981 and March 23, 1981. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS a. Councilman Mikels reported on the actions taken by the Executive Committee of the Southern California Association of Governments. b. Mayor Schlosser announced a blood drive on April 20, 1981, from 3:00 p.m. to 7:00 p.m. at the Rancho Cucamonga Library. c. Mayor Schlosser announced that Item 5C was removed from the agenda and Item 5D was moved up to just before Public Hearing. He also announced the addition of Resolution No. 81-49. d. Council requested that all those wishing to give their input regarding the Assessment District, which would be discussed under Public Hearings, to fill out the request forms provided. 3. CONSENT CALENDAR At Councilmen's Palombo's request, Items a, e, and f were removed from the Consent Calendar for further discussion/clarification. *a. Approval of ~rrants, Register No. 81-4-15 for $1,536,413.63 b. Refer claim by Sy Ekwall, Lila Ekwall, Ed Stevens and Denise Stevens to (1) City Attorney for handling. c. Refer claim by Marcelo Julian Payes to the City Attorney for handling. (2) d. Alcoholic Beverage license for Red Hill Liquor by Long Seng Lee, 8939 Foothill (3) for Off-Sale General. e. A~e~h~½~e-Be~e~e-~eemse-~e~-C~z~e~-F~m~y-~e~-H~se-by Forsco Manage- (4) ment Corporation, 9588 Baseline Road. f.A~ehe~e~en-~e~-~ey-Msme§e~-~-eeeen~-ehe-UA6~e~-ehe-~ Revolt" Symposium in Sacramento on April 22, 1981. g. Agreement with Caltrans for Modification of Traffic Signal at Foothill Blvd. (5) and Vineyard Avenue. Project was originally proposed by Caltrans last year and funds were included in the city's 1980-81 budget. Current estimated cost is $14,000 with the city's share being $7,000 plus a 10% contingency. City Council Minutes April 15, 1981 Page Two RESOLUTION NO. 81-41 A RESOLUTION OF THE CI%Y COUNCIL OF THE CI%Y OF RAi~CHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA. 6) h. Acceptance of Real Property Improvement Contract and Lien Agreement from Brooks Products, Inc. for Director Review 80-41. RESOLUTION NO. 81-42 A RESOLUTION OF THE CItY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM BROOKS PRODUCTS, INC. AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. (7) i. Acceptance of Real Property Improvement Contact and Lien Agreement from Ronald W. Nunnally and Susan L. Nunnally, husband and wife as joint tenants for 8880 Strang Lane. RESOLUTION NO. 81-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM RONALD W. NUNNALLY AND SUSAN L. NUNNALLY, HUSBAND AND WIFE AS JOINT TENANTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAM~. (8) j. Award of Carnelian Street Storm Drain Project. The iow bidder was K.E.C. Company at $272,306.00. The engineer's estimate was $344,781 for the project; this represents 21% below the engineer's estimate. Recommendation: It is recommended that the Council award the contract to K.E.C. Compamy at $272,306.00, authorize execution of the contract, and authorize the contract amount plus 10% for contingencies from the Storm Drain Fee Account. (9) k. Acceptance of Tract Map No. 11700. Located on the north side of Arrow Route, east of Haven. Subdivider: Daon Corporation. RESOLUTION NO. 81-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 11700 (TENTATIVE TRACT MAP NO. 11700). (10) 1. Acceptance of Map, Bonds, and Agreement for Parcel Map 4762. Located at the southwest corner of Sixth and Turner consisting of 19 lots on 27.6 acres of land. Owner: Westwards Properties. RESOLUTION NO. 81-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 4762 (TENTATIVE PARCEL MAP NO. 4762), IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY. City Council Min~tes April 15, 1981 Page Three m. A Resolution expressing opposition to Senate Bill 314 which supports binding (11) arbitration. RESOLUTION NO. 81-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXPRESSING OPPOSITION TO SENATE BILL 314. n. Set for Public Hearing on May 6, 1981 the Victoria Planned Community. (12) o. Set for Public Hearing on May 6, 1981 the Street Name Ordinance. (13) Motion: Moved by Mikels to approve the Consent Calendar with Items a, e and f removed for discussion. Seconded by Palombo. Motion Carried 5-0. Item "e"'Alcoholic Beverage License for Sizzler Family Steak House - Councilman Palombo stated that the response to questions 9 and 10 was not clear and requested clarification. Mr. Robinson stated that he would follow-up on this. Item "a" Approval of Warrants - Councilman Palombo requested that Warrants 6531, 6537, 6540, 6559, 6564, 6585, 6362, 6633, and 6635 be removed. Motion: Moved by Palombo that warrants be approved subject to confirmation of the warrants indicated above by the Finance Committee. Seconded by Frost. Motion Carried 5-0 . ADDED ITEM R~solution No. 81-49 Honorin~ and Acknowled~in~ Leonard Gorczyca (14) Councilman Jim Frost read the Resolution in its entirety and expressed the Council and City's appreciation for contributions that Leonard Gorczyca had made to the community~. ~ RESOLUTION NO. 81-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HONORING AND ACKNOW- LEDING THE CONTRIBUTIONS OF LEONARD GORCZYCA TO THE CITY OF RANCHO CUCAMONGA Motion: Moved by Frost that Resolution 81-49 be adopted and staff be directed to provide a copy of a joint Resolution for signatures of full Council and Historical Preservation Commission to be presented to Lila Gorczyca at a later date. Seconded by Mikels. Motion carried 5-0. Councilman Frost also suggested that a City Plaque be presented to Mrs. Gorczyca in appreciation of Leonard Gorczyca's contributions to the community, and further to Laura Jones and Jorge Garcia in recognition of their service as members of the initial Planning Commission. Motion: Moved by Frost to consider presenting City Plaques to Mrs. Gorczyca, Laura Jones and Jorge Garcia . Seconded by Mikels. Motion carried unanimously 5-0. 5D REQUEST BY FOOTHILL FIRE DISTRICT FOR COUNCIL SUPPORT RE: THE UPCOMING ELECTIOM (15) (This item moved up from City Manager's Staff Reports). Marge Stamm, stated she represented the "Friends of the Foothill Fire District", a committee formed to help generate support for the ballot proposition being proposed by the Foothill Fire District in order to obtain funding to maintain the current level of fire service. She reviewed current and future funding needs of City Council Minutes April 15, 1981 Page Four the District, noting that if the ballot issue is passed, it would cost a maximum of $45.00 per year per single dwelling. She stated that the Citizen's Advisory Commission and the Chamber of Commerce had already indicated their support, and that she was asking the City to also give its endorsement. Bob Lee reviewed some the present and anticipated funding cutbacks and the need for additional funds to maintain the present levels of service. Michael JaurQn Director of the Chamber of Commerce, stated that the Chanber did indeed endorse the effort of the "Friends of the Foothill Fire District" and he read a memo from the Chamber which had been mailed to all of the members of the City Council. Motion: Moved by Bridge that staff be directed to prepare an appropriate Resolution, as an indication of the City's Endorsement of the Proposition. Motion Carried: 5-0. 4~ PUBLIC HEARINGS (16) A. APPEAL OF PLANNING COMMISSION CONDITIONS FOR TENTATIVE TRACT MAPS 11609 AND 9441 Lloyd Hubbs, City Engineer, reviewed the appeal of the Planning Commission con- ditions for tentative tract maps 11609 and 9441 by Mark III and Bob Jensen Homes. He stated that since both tracts are being handled by the same firm and deal with basically the same issue, they were being considered as one item. Mr. Hubbs indicated the condition being appealed is the construction of the Alta Loma Channel which is contiguous to the two tracts. He discussed the flooding problems and the reason for this condition, noting that this condition has been imposed on all tracts along the channel. In summary he stated it was staff's opinion that the tract is subject to flood hazard without the required improvements and that we would be unable to find, as specified in Ordinance 24, that the site could be free of flood hazard withou+ those facilities. He stated that Ordinance 24, which implemented the Federal flood insurance program within the City, is a requirement basically for any Federal grants and was implemented to prevent development in flood hazard area. Mayor Schlosser opened the meeting for Public Hearing. ~ Jim Stroffe stated he was an Attorney for Surf & Hellyer and represented the appellants, Mark III and Bob Jensen Homes. He stated that there was a difference in the two tracts and the conditions they were appealing. He indicated that the northerly tract was also subject to a condition of providing a bridge across Wilson Avenue and that condition was also being appealed. He stated that the basis of their appeal is that the City is not authorized to impose a condition of actual construction of these channel improvements on the developers pursuant to the Subdivision Map Act or pursuant to the general police power of the City. He stated that there was no indication that the development would in any way affect or be benefited by any improvements to the Alta Loma Channel. He stated that insofar as building the bridge as a condition, that the Map Act does not authorize the general imposition of fees to con- struct improvements to highways, drainage facilities or bridges. * Dick Hunsinger, 3001 Redhill Ave., Costa Mesa, CA. was th~ Engineer asked by the developer to examine the channels° He stated that the channel that is there today, which is 15 feet wide and eight feet deep, has the capacity within the reach between Wilson Avenue and the basin to handle the flows through this area. He stated it was his opinion that only marginal benefits would be gained by the homes if a new channel was put in. City Council Minutes April 15, 1981 Page Five * Jack Reeves, Mark III Homes stated he would like to clarify one thing. He referred to the Flood Plain map, and stated it was his understanding that those flood plain zones were determined prior to the construction of the temporary channel adjacent to their tract, and had not been re-calculated since those improvements were put in. Therefore he questioned the accuracy of the flood plain zones referred to by Mr. Hubbs. Mr. Hubbs replied that the flood hazard maps are not periodically updated and there could potentially be some areas of revision. However, he stated that he was not aware that the basin had been expanded since the maps were prepared, and that in his opinion the improvements that are there are not of a substan- tial nature to alleviate the types of flood danger that exists. Mr. Hubbs again reviewed the flood problems in the area and the importance of obtaining the needed improvements as the area is developed. In reference to the box culvert or crossing of Wilson Avenue, Mr. Hubbs clarified that there are provisions in the condition to allow the credit addition of systems development fees to offset the cost of the improvement. There being no further response, Mayor Schlosser closed the Public Hearing. In the discussion that followed, Councilman Bridge suggested that this item be continued and Councilman Frost concurred that more time was needed. Mr. Dougherty, Deputy City Attorney, recommended that the matter be acted on this evening, unless the developers, through their attorney, consented to the matter being continued. Otherwise, Mr. Dougherty stated, the Attorney for the developers would try to have the appeal deemed automatically denied for the purposes of his court action. Mayor Schlosser called at ten minute recess at this time (8:30 p.m.) to allow the developers time to consult their attorney regarding a continuance. The meeting was called back to order at 8:50 p.m. with all members of Council and staff present. Mayor Schlosser asked if they would agree to a continuance. Mr. Stroffe stated that, based on his advice, they would not agree to it. Motion: Moved by Bridge to uphold the Planning Commission decision. Seconded by Palombo. Motion Carried 5-0. Immediately following the motion, Mr. Stroffe served a lawsuit on the City Council and City Attorney. 4B CONTINUATION OF HEARING ON ASSESSMENT DISTRICT 79-01: INDUSTRIAL STREETS AND STORM DRAINAGE Because Mayor Schiosser has a company in the Industrial Park, he turned the meeting over to Mayor Pro Tem Arthur Bridge and abstained from participating in the discussion. Mayor Pro Tem Bridge requested that anyone who had not filled out a request form to speak on this subject, to please do so. Prior to the Public Hearing, Walt Hamilton and Mack Brown, Engineering Consultants for the Assessment District, reviewed the changes and modifications and briefly explained the formula. At this point, Mayor Pro Tem Bridge opened the meeting for Public Hearing, calling those who opposed the Assessment District to speak first. City Council Minutes April 15, 1981 Page Six * Bob Natase, C.L. Builders, indicated thier opposition, stating that the parcels they own are not subject to flood hazard and will not receive any tangible benefit from flood control improvements. * Matt Felipi, representing the 36 acres on the southwest corner of 6th and 8th, stated he opposed the district, even though the property was not indicated in pink on the map. * Hal Halldin explained why he felt a 45" drain could adequately serve the areas he represented and would cost much less than the 48" drain proposed for the new District. Lloyd Hubbs, City Engineer, responded that all of the numbers have contin- gencies built into them and that the size of the storm drain could possibly be reduced when the detailed design work was done. Mayor Pro Tem Bridge asked who Mr. Halldin's clients were. Mr. Halldin replied that he represented Robert DeBard, Matt Felipi, Royal Creations, the owner of the southwest corner of Arrow and Haven, as well as others. * Vito DeVito Francesco representing the Sylvester property, stated the owners have no development plans in mind and the property is not for sale. He stated the owner was willing to pay his fair share when the property was developed but opposed paying while it was still undeveloped. He requested that this area be eliminated from the Assessment District. * Morton DeVor stated he represented eight parcels which do not have a serious flood problem. He discussed the cost savings of installing the drainage pipe themselves as opposed to the assessment cost and said that the benefit should be proportionate with the burden. * Dr. Golomb stated he represented eight parcels in the region bounded by 8th on the north, 6th on the south, and the freeway on the east. He said that all of ~he property owners were greatly concerned about what the route of New Rochester will be and who will pay for it. Mr. Hubbs responded that several options have been developed to take to the Planning Commission and that the issue will be resolved during the design period of development. He pointed out that the issue will require a Public Hearing. Mayor Pro Tem Bridge stated that those in favor of the Assessment District would now be asked to speak. * Michael Todd stated he has 20 acres north of 4th on the west side of Milliken. He stated that he felt the proposed Assessment District was equitable, logical and conducive to the overall success of the City, which would accrue long- range benefits for all property owners. * Richard J. Tine, Kacor Development, stated his project was the fully developed 17.5 acre business park located at 4th and Cleveland. He stated that Kocor Development was in favor of the District, but requested reimbursement for the development monies already expended in the development of the drainage facilies. * Robert Neary, representing the John Lusk Corporation, indicated approval of the district on the following conditions: (1) application of credit for $162,000 of storm drain improvements, and (2) reduction in fees for devel- opment cost to about $4,100 per acre. * George Mimmack, representing Mr. B.D. Galiano, owners of the 50 acre site on the south side of Haven Avenue, stated they are in support of District and felt an acreage fee is historically and equitably appropriate. City Council >~inu~_~ April 15, 1981 Page Seven * Betty McNay, owner-agent of a five acre site on the north side of Jersey, indicated her support and relayed history of costs borne by herself and other owners. She stressed the importance of a cooperative spirit. * Jeff Sceranka commented that we are talking about a master system of storm drains to provide drainage for entire industrial area and that each person should look at it on a community basis. * James Westling, O'Donnell, Bringham and Partners stated they developed the Rancho Cucamonga Industrial Center at the northeast corner of 6th and Milliken. He stated that the orderly development of an Assessment District would help to attract major industry to the area. * Charles Caldweli, owner of 85 acres at Haven & 8th, along with partner Cadallac Fairview, stated that the formation of an assessment district is essential to the future industrial development of the City. He also noted that it will benefit all property owners by increased property values. * J. Murphy confirmed his support. * Richard Ortwein, Kolt Company, stated he is managing partner for 211 acres between 4th and 6th on east and west side of Milliken. He indicated they had withdrawn their protest of March 3rd and were now 100% in favor of the District. * Robert Howes, Santa Fe Land Improvement Company, stated they owned the 130 acres on the north side of tracks Just east of future Milliken and that they indicated their support of the District one year and and half ago. * Michael Jauron, Executive Director of the Chamber of Commerce, read a memo directed to the City Council indicating the Chamber's support of the Assessment District. There being no further response, the public hearing was closed. Mr. Brown and Mr. Sullivan summarized the options available to Council and indicated that th~ total protest was 25.43 percent ~f M_r. Bucola's property is included. (Property referred to by Mr. Felipi) General Discussion followed by the Council regarding some of the issues raised by those protesting the district. RESOLUTION NO. 81-50 (171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ORDERING CHANGES AND MODIFICATIONS TO THE PROCEEDINGS AS PROPOSED TO BE CONSTRUCTED UNDER A SPECIAL ASSESSMENT DISTRICT. Motion: Moved by Palombo to proceed with the Assessment District and to approve Resolution No. 81-50 and waive further reading. Seconded by Mikels. AYES: Bridge, Frost, Mikels and Palombo. NOES: None ABSENT: None ABSTAIN: Schlosser Acting City Cl~rk Jim Robinson read the Title of Resolution No. 81-50 RESOLUTION NO. 81-51 (181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA MAKING FINDS AND DETERMINATIONS AND OVERRULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT. Motion: Moved by Mikels to approve Resolution No. 81-51 and waive further reading. Seconded by Palombo. AYES: Bridge, Frost, Mikels and Palombo NOES: None ABSENT: None ABSTAIN: Schlosser Motion Carried. City Council Minutes April 15, 1981 Page Eight Acting City Clerk Jim Robinson read the Title of Resolution No. 81-51 (19) RESOLUTION NO. 81-52 A RESOLUTION OF THE CITY COb~CIL OF THE CITY OF RANCHO CUCAMONGA, CA., FINDING AND DETERMING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND THAT THE PROJECT IS FEASIBLE, AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. Motion: Moved by Palombo and seconded by Mikels to approve Resolution No. 81-52 and waive further reading. AYES: Bridge, Frost, Mikels and Palombo NOES: None ABSENT: None ABSTAIN: Schlosser Motion Carried. Acting City Clerk Jim Robinson read the Title of Rasolution No. 81-52. Motion: Moved by Mikels to take the following actions as outlined in the City Engineer's Staff Raport of April 14, 1981: 1, Authorization of the loan up to $350,000 from storm drain and system development fees for design, right-of-way acquisition and assessment counsel services. 2. Approval of consultant selection and authorization of con- tract negotiations. 3. Approval in concept of the Reimbursement and Ra-acceleration agreement with final approval at May 7 meeting. 4. Addition of North/South street between Pittsburg and New Rochester to be assessed to fronting property owners. 5. Approval of inclusion of requested paveouts from abutting with expression of Council's desire to complete as nearly as practicable the full street improvements. Seconded by Palombo. AYES: Bridge, Frost, Mikels and Palombo NOES: None ABSENT: None ABSTAIN: Schlosser Motion Carried. (20) Mayor Schlosser called a recess at 10:45 p.m. Meeting was called back to order at li:00 p.m. with all members of Council and staff present. 4C APPEAL OF DIRECTOR REVIEW 81-01 -- COCA COLA BOTTLING COMPANY The development of a 26,800 square foot bottled beverage distribution ware- house facility on 9.2 acres of land located on the north side of 6th street, east of Haven Avenue. ~arry Hogan, City Planner, stated that the Planning Commission approved the project with Conditions of Approval as outlined in the April 15 Staff Report. Mr. Hogan reviewed some of the concerns expressed by the D~sign Review Committee and the Appeal of the Planning Co~ission Decision by the City Council. Mr. Hogan discussed the options available to Council. Councilman Frost stated his concern was in 'reflection to input he had received from the Industrial community regarding the use of a metal building and chain- link fence because of the specific location. City Council Minutes April 15, 1981 Page Nine Mayor Schlosser stated he would like to see some exhibits of the proposed facility. Robert Markum, Head of Facilities, discussed the proposed facility and the landscaping that would serve as screening. He referred to other Coca Cola facilities in Irvine and Los Angeles as examples of the quality of their design. David Hutchinson, Architect for the proposed building, reviewed the conceptual plan with Council, noting that they tried to create a different type of facade than normally seen on a metal building. In reply to inquiries from Council, he stated they selected a metal building to meet future expansion needs and cited some of the other advantages of metal buildings. He showed Council a sample of one of the wall panels. In the discussion that followed, Barry Hogan, City Planner, asked if this type of architecture is indicative of the type of structure Council wishes to see in the Industrial Park category. At this point, Mayor Schlosser opened the meeting for Public Hearing. * Chuck Caldwell, Developer of Cadallac Fairview, stated he was opposed to a metal building at the entrance to the Industrial Park and noted that the other CoCa Cola buildings referred to were not metal buildings. * Richard Bookman, principal of DiCon Development Corporation, stated that his partner and he were opposed to allowing metal buildings. * Ron Tannebaum stated the important thing is whether the building looked good and not what type of material it is built of. * James Westling, O'Donnel, Brigham and Partners, stated he is not a proponent of metal buildings and questioned whether this facility reflects the standards the City is trying to establish for the Industrial area. * Doug Hone pointed out that metal buildings can be very well done and cited som~ examples. * Bob Vaugh, representing C and I Builders~ contractor for Coca Cola, stated he personally felt this was a very good application of a metal building and that they take a great deal of pride in what they do. * Dick Corbine with the Koll Company stated he did not dispute that metal buildings have a place but questioned whether they should be permitted on 6th Street which is amain arterial. There being no futher response, the Public Hearing was closed. In the discussion that followed Councilman Mikels indicated that due to the location and the inconsistency with kinds of uses and design standards that have been set by the City in the past, he would have to oppose the design of this project. Motion: Moved by Mikels that .the ~roj~c~e returned to ~he pesign Review Committee and Planning Commission ~or [ur[ner review and then Drought back to Council. Seconded by Bridge. Motion Carried. 5-0. 4D APPEAL OF TENTATIVE TRACT 11606 - WESTEND INVESTMENTS (21) A residential subdivision on 70.32 acres of land divided into 277 single family residential lots in the R-1 zone located on the north side of the Southern Pacific Railroad right-of-way, between Haven Avenue and Deer Creek. City Council Minutes April 15, 1981 Page Ten Barry Hogan reviewed the project, and stated that the developer is appealing the condition as follows: "the developer shall install and construct that portion of Deer Creek Regional Trail System adjacent to the project. Appro- priate bonding shall be completed prior to the final map approval." He reviewed the staff reports and Planning Commission recommendations noting that the only issue to be considered is the improvement of the trail since this development is not subject to credit under the provisions or Ordinance 105. At this point Mayor Schlosser opened the meeting for Public Hearing. * Doug Gorgen indicated that he was appealing the requirement to put the improve- ment on the flood control channel for a regional trail. He pointed out this was not a horse tract and he did not feel it fair that they should bear the burden for a regional trail system. He stated that they were being asked to pay park fees, dedicate land to the Flood Control District and bear the cost of improving the trail and that he did not feel this was fair. He requested that the condition for the improvement of the trail be eliminated or they be given a credit against fees. Barry Hogan, City Planner, stated that Ordinance 105 specifically refers to the credit being applied to Planned Communities and would not apply in this case. Also, in the discussion that followed, it was the consensus of Council that the dedication of land to the Flood Control District was not an issue since it is a requirement of the District. * Doug Hone indicated his agreement with the appeal and stated he felt the code was not in agreement with the California Code and California Map Act. * Pam Henry stated that what the Planning staff and Commission had done was in accordance with what other Cities with regional trail systems were requiring and she stressed the overall benefits of the regional trail system. * Chris Benoit pointed out that an improved trails system would be an asset to the development. There being no further response, Public Hearing was closed. In the discussion that followed, concern was expressed by Council regarding who would maintain the trails once the improvements were put in view of the absence of any type of funding mechanism at this time. Sam Dougherty, Deputy City Attorney, discussed the issue of credit under the provisions of the Ordinance and the options available to Council. Councilman Frost stated it was clear that at the time the creek was improved that area would be graded and accessible and indicated he could not see the City getting into a maintenance program unless on-going maintenance was paid thorugh some type of user fee or City wide assessment. He suggested that the land be retained as other flood control areas have been. Motion: Moved by Frost that the developer is not required to landscape and maintain the bridle path and that this condition be removed~ Seconded by Bridge. Motion Carried. 5-0. Appeal Granted. Mr. Hogan noted that this is a Policy decision which the Planning Commission would be informed about and this would not be required as a condition on future tracts. (22) 5A REQUEST BY THE SOUTHERN CALIFORNIA EDISON COMPANY FOR COUNCIL TO SUPPORT THE REPEAL OF SECTION 301 OF THE FUEL USE ACT. Randy Bond, Commonwealth Edison, reviewed their request for the City to pass Resolution NO. 81-47 City Council Minutes April 15, 1981 Page Eleven RESOLUTION NO. 81-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF LEG- ISLATION REMOVING THE RESTRICTIONS AND PROHIBITIONS ON THE USE OF NATURAL GAS IN UTILITY POWER PLANTS. Motion: Moved by Mikels to approve. Second by Palombo. Motion Carried 5-0. Acting City Clerk Jim Robinson read the title of the Resolution. 5B RESOLUTION OF SUPPORT FOR LICENSING SAN ONOFRE NUCLEAR GENERATING (23) STATION UNITS Randy'Bond reviewed their request for Resoltuion No. 81-48. RESOLUTION NO. 81-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF LICENSING THE SAN ONOFRE NUCLEAR GENERATING STATION UNITS. Motion: Moved by Bridge to approve. Seconded by Frost. Motion Carried 5-0. Acting City Clerk Jim Robinson read the title of the Resolution. 5C REQUEST BY NATIONAL ORANGE SHOW (Deleted) 5D REQUEST BY FOOTHILL FIRE DISTRICT FOR COUNCIL SUPPORT RE: UPCOMING ELECTION (This item handled immediately preceeding Public Hearings) 5E APPROVAL OF THE "RANCHO CUCAMONGAM//NICIPAL CODE" (24) Acting City Clerk Jim Robinson read the title of Ordinance No. 142, for first reading. ORDINANCE NO. 142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE "RANCHO CUCAMONGA MUNICIPAL CODE." Motion: Moved by Frost and seconded by Palombo to waive further reading. Motion carried 5-0. Second Reading for Ordinance No. 142 was scheduled for May 6, 1981. 6. CITY ATTORNEY REPORTS Deputy City Attorney Bob Dougherty requested that Council adjourn to Executive Session to discuss pending litigation. 7. ADJOURN~NT Motion: Moved by Palombo and seconded by Mikels to adjourn. Motion Carried. Meeting adjourned to executive session at 12:55 a.m. Respectfully Submitted, Ginny Zientara, Acting Deputy Clerk