HomeMy WebLinkAbout1981/01/07 - Minutes January 7, 1981
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meetin8
1. CALL TO ORDER.
The regular meeting of the City Council was held in the Lion's Park Community Center,
9161 Base Line Road, Rancho Cucamonga. on Wednesday, January 7, 1981. The meeting
was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the flag
salute.
Present: Councilmen James C. Frost, Jori D. Mikels, Arthur H. Bridge, and Mayor
Phillip D. Schlosser.
Also present: City Manager, Lauren M. Wasserman, Assistant City Attorney, Robert
Dougherty; Assistant City Manager, Jim Robinson; Community Development Director,
Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hubbs; Finance Director,
Harry Empey; Community Services Director, Bill Holley.
Absent: Councilman Michael A. Palombo. Councilman Mikels stated he had received
a phone call from Councilman Palombo stating that he had work commitments and would ''
not be able to make the meeting.
Approval of Minutes: The minutes of December 3 and December 17, 1980 were submitted
to Council for approval. Councilman Mikels said that on page 7 of the December 3
minutes, the motion for item 3C was made by Councilman Bridge, not himself.
Motion: Moved by Mikels, seconded by Frost to approve the amended minutes of
December 3 and December 17, 1980. Motion carried 4-0-1.
2. ANNOUNCEMENTS.
a. Financial Task Force meeting, 7:00 p.m. on January 15, 1981 in the Lion's Park
Community Center.
b. The Mayor requested that tonight's meeting adjourn to an Executive Session to
discuss pending litigation.
c. Mayor Schlosser announced that everyone would be receiving a copy of the Executive
Summary for the General Plan this week in the mail.
d. City Manager Wasserman requested two additions to the agenda under City Manager's
Staff Reports:
5E. Set a public hearing date of January 21, 1981 for Environmental Assessment
and Zone Change No. 80-16 - Landmark. A zone change from A-1 (limited ·
agricultural) to R-1 (single family residential) for 1.5 acres located
on the west side of Turn at Ironwood - APN 1077-041-58.
5F. Award of the widening and improvement of Highland Avenue between Hermosa
Avenue and Haven Avenue and Church Street between Archibald Avenue and
Kahai Avenue.
e. Councilman Mikels announced that at the Sanbag Board which was held today Mayor
Holcomb was seated without any further confrontation.
City Council Agenda
January 7, 1981
Page 2
3. CONSENT CALENDAR.
a. Approval of Warrants - Register No. 81-1-7 in the amount of $112,489.93.
(1) b. Request to set public hearing date of January 21, 1981 for Zone Change No.
80-13 - Nubank. A request for a change of zone from A-P (administrative-pro-
fessional) to R-3 (multi-family residential) for 6.4 acres generally located south
of Base Line on the west side of Hellman - APN 208-011-02, 03, and 04.
(2) c. Request to set public hearing date of February 4, 1981 for Environmental
Assessment and Zone Change No. 80-14 - Roberts Group. A change of zone from
R-1-8,500 (single family residential) to R-3 (multiple family residential) for
7.3 acres located on the northwest corner of 19th Street and Hermosa - APN
202-17-010.
(3) d. Request approval to purchase the IBM Copier III. The City is presently
leasing the machine. Conversion to purchase would bring a savings of $416.32 per
month. It is recommneded that the City purchase the equipment by the installment
plan of $401.90 per month for 60 months. Total cost of purchase would be
$24,114.00.
(4) e. Refer Claim by David M. Sodman to the City Attorney for handling.
(5) f. Refer Claim by Susan Marie Chavez to the City Attorney for handling.
(6) g. Acceptance of Map and Lien Agreement for Parcel Map No. 5441. It is recommended
that Council accept the map and lien agreement for Parcel Map No. 5441 located on the
southwest corner of Summit Avenue and East Avenue. Owner: William J. Schultz.
RESOLUTION NO. 81-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL
MAP NO. 5441 AND LIEN AGREEMENT AS SECURITY.
(7) h. Acceptance of Map, Bond, and Agreement for Parcel Map No. 5981. Recommend
(8) that Council accept map, bond, and agreement for Parcel Map 5981 located on the
east side of Sapphire, south of Orchard Street. Owners: Orlan and Kaye Walton.
RESOLUTION NO. 81-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL
MAP NUMBER 5981, IMPROVEMENT AGREEMENT, AND
IMPROVEMENT SECURITY.
(9) i. Acceptance of Parcel Map No. 6316: It is recommended that Council accept
Parcel Map No. 6316 located on the northside of 8th Street, west of Vineyard.
RESOLUTION NO. 81-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL
MAP NUMBER 6316.
(10) J. Release of Bond - Tract 9590: located on the east side of Archibald Avenue,
north of Hillside. Owner: Terrax Corp.
Parkway Landscaping Bond $29,400.
Motion: Moved by Frost, seconded by Schlosser to approve the consent calendar.
Motion carried 4-0-1 (Palombo absent)
City Council Minutes
January 7, 1981
Page 3
4. PUBLIC HEARINGS.
4A. SOLID WASTE DISPOSAL FRANCHISE.
Mr. Wasserman requested ~that the item be continued to the January 21, 1981
City Council meeting because of the legal problems that have surfaced this week.
Several from the audience spoke out asking what to do with the bills they have
been receiving. Mr. Dougherty said they could elect to pay the previous rate or
pay the proposed new rate.
Ed. Hamilton presented Council with three pictures which he took of the condition
his trash bins were left in after pick-up of the trash by Ranoho Disposal.
Shorty Guerra stated that according to the Agenda this was the second reading.
and that Council could not deviate from this. The City Attorney explained to Mr.
Guerra that Council had the power to set the procedure and to continue the item.
Mrs. Hill voiced opposition to the rate and the quality of service.
Mayor Schlosser asked if anyone had anything new to add to the issue.
Joe Dube said he had read the new ordinance and felt it controlled the people, not
the rubbish companies.
Mr. M. C. Myers stated he had several bills and notices that his account had been
turned over to a collection agency. He had never used the services. He asked
what should he do. The City Attorney explained that Ordinance No. 117 was still
on the books. However, the refuse companies did not accept the contract the way
it was proposed by the City. It is the position of the City there is no contract
in effect. It is the position of the refuse companies there is a contract. He
stated we are trying to iron out this problem before taking any further action of
official nature and this is why staff was requesting the item to be continued so
we can meet with the companies' attorneys. Mr. Myers asked what should he do with
the bills in the meantime. Mr. Dougherty stated he would be more than happy to talk
with him on Thursday or Friday if he would call for an appointment. He could bring
his bills and try to handle his individual problem.
John Robinson wanted to know if there was anything in the ordinance regarding
vacant property. The City Attorney said there were provisions for vacant property.
He would have to notify the refuse company that the property was vacant.
Jim Dennino wanted to know why there was no provision for those who did not have
any trash. He said there were exemptions, but one had to save dump receipts. He
said he did not have this because he had no trash. M~yor Schlosser said if he
could prove he had no trash, then an exemption could be granted.
Mayor Schlosser said he did not want to hear individual problems; only things
which were pertinent to the issue.
Councilman Frost,aid that if there is not agreement between the City and the
refuse companies, then the dispute is between the residents and the refuse com-
panies since the City has no authority to intervene. Therefore, he would question
whether the City Attorney should be providing legal services to residents unless
the City had the authority to intervene. ~-~ a representative of the City if he
wanted to do this privately and not send the City a bill for it, then Council
would not mind that.
Mayor Schlosser set January 21, 1981 for the continuance of the item.
City Council Minutes
January 7, 1981
Page 4
(12) 4B. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNATIONS FOR
HISTORICAL LANDMARKS.
City Clerk Wasserman read title of Ordinance No. 128.
ORDINANCE NO. 128 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE
ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND
THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT
HISTORIC FEATURES OF THE CITY AND THEREFORE
DESIGNATING EACH AS A CITY HISTORIC LANDMARK.
Motion: Moved by Mikels, seconded by Frost to waive further reading of Ordinance
No. 128. Motion carried unanimously 4-0. (Palombo was absent).
Mayor Schlosser opened the meeting for public hearing.
Maxine Strane stated that they were very pround to receive the historical
landmark designation.
Motion: Moved by Mikels, seconded by Bridge to approve Ordinance No. 128. Motion
carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES:
None. ABSENT: Palombo.
(13) 4C. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNATIONS FOR HISTORICAl,
POINTS OF INTEREST.
City Clerk Wasserman read title of Ordinance No. 129.
ORDINANCE NO. 129 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING
THE AGGAZZOTTI WINERY, SCHOLWALTER GROVE ARCHEO-
LOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON
HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY
AND THEREFORE DESIGNATING EACH AS A POINT OF
HISTORIC INTEREST.
Motion: Moved by Mikels, seconded by Frost to waive further reading of Ordinance No.
129. Motion carried 4-0-1 (Palombo absent).
Mayor Schlosser opened the meeting for public hearing. There being no response from
the public, the mayor closed the public hearing.
Motion: Moved by Frost, seconded by Mikels to approve Ordinance No. 129. Motion
carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES:
None. ABSENT: Palombo.
(14)4D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80-02 - LESNEY. A change
of zone from R-l-5 (single family residential) to P.D. (planned development) for
10 acres located on the northwest corner of Hermosa Avenue and Base Line Avenue -
APN 202-182-13.
City Clerk Wasserman read title of Ordinance No. 130.
ORDINANCE NO. 130 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NUMBER 202-182-13 FROM R-l-5 TO P.D. LOCATED
ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE.
Motion: Moved by Mikels, seconded by Frost to waive further reading. Motion carried
4-0-1 (Palombo absent).
City Council Minutes
January 7, 1981
Page 5
Mayor Schlosser opened the meeting for public hearing. There being no response
from the public, the public hearing was closed.
Councilman Frost stated that he still has not seen the site plan nor the Planning
Commission minutes, therefore, he wanted to continue the item.
Motion: Moved by Frost, seconded by Mikels to continue the public hearing to
the January 21 meeting so the Council could have complete backup information be-
fore making a final decision. Motion carried by the following vote: AYES:
Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo.
4E. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80-15 - LANDMARK. A change of (151
zone from A-1 (limited agricultural) to R-2 (multiple family residential) for
12 acres of land located west of Beryl south of Mignonette - APN 202-032-71.
City Clerk Wasserman read title of Ordinance No. 131.
ORDINANCE NO. 131 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S
PARCEL NO. 202-032-71 FROM A-1 TO R-2 LOCATED
WEST OF BERYL ON THE SOUTH SIDE OF MIGNONETTE.
Motion: Moved by Mikels, seconded by Frost to waive further reading of Ordinance
No. 131. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and
Schlosser. NOES: None. ABSENT: Palombo.
Mayor Schlosser opened the meeting for public hearing. Addressing Council was
Mrs. Helen Blanchard who opposed the zone change. There being no further response
from the public, the mayor closed the public hearing.
Councilman Bridge said the Planning Commission has battled this one out; it was
a difficult piece of property. He appreciated Mrs. Blanchard's position, but
felt it was the best use for this specific piece of property.
Motion: Moved by Bridge, seconded by Mikels to approve Ordinance No. 131 and the
zone change. Motion carried by the following vote: AYES: Frost, Mikels, Bridge,
and Schlosser. NOES: None. ABSENT: Palombo.
Councilman Mikels expressed sympathy to those who had expressed opposition to
this zone change; he concurred that this was a difficult piece of property.
4F. VACATION OF CHESTNUT STREET. Item had been continued from the November 5,
1980 City Council meeting.
Lloyd Hubbs gave a brief background to the item. Then Mayor Schlosser opened
the meeting for public hearing.
Addressing Council were:
Bob White, owner of Parcel 2.
Vic Cherback, 9820 Century Lane
Jim Myers, 4949 Ramona
Jim Powers, buyer of Parcel 3
After considerable debate between Mr. Cherback and the others, Councilman Bridge
stated that the Council's main concern should be the piece of property -- do we
want that portion for a street?
City Council Minutes
January 7, 1981
Page 6
Councilman Bridge also stated that there should be a simultaneous quick claim
by the County at the same time.
Motion: Moved by Bridge, seconded by Mikels to approve the order for the
vacation by adopting Resolution No. 81-4, waive entire reading, and for this
to be simultaneously quick claimed by the County at the same time.
After further discussion between Mr. Cherbak and the others, Councilman Bridge
said perhaps we should withdraw the motion until the parties are through their
discussions and through legal counsel have quick claimed and decided what they
want, then Council could hear the item at that time.
Mr. Cherbak said he agreed that everyone was tired of hearing this item, but
he felt Council should make a decision one way or the other.
Councilman Frost said we needed some very specific directions from our Engineering
Department as to recommendations for future roads along the northern boundaries
before Council took any action. Mr. Hubbs said this section becomes very rocky
and mountainous, in fact, Hermosa becomes a sheer clift at the end of that street.
Any development within the City boundaries would have to contain specific ease-
ments and access which would be done during the development review process. The
County would likewise have to coordinate access and easements relating to any
development.
Mr. Cherbak said he has already quick claimed to the City of Rancho Cucamonga
a portion of the private easements, and he would be willing to abandon utility
easements. But he was not willing to abandon all private easements. Councilman
Frost said that Council had not discussed this issue at all. Mr. Cherbak agreed
that this had nothing to do with the abandonment of Chestnut.
Council stated it was really none of their concern whether there was an abandon-
ment of the utility easements. That would have to be worked out with Mr. Cherb~ ~
Councilman Bridge said his previous motion stands to approve the vacation
and for this to be simultaneously quick claimed by the County and to add the
Council accepts the quick claim of the road easements. Councilman Mikels concurred
with the addition to the motion. Motion was approved by the following vote:
AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo. City
Clerk Wasserman read the title of Resolution No. 81-4.
RESOLUTION NO. 81-4
A RESOLUTION OF THE CITY COUNCIL OF THE CI%Y
OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO
BE VACATED A PORTION OF CHESTNUT STREET FROM
HERMOSA AVENUE TO 1320 FEET WEST, AS SHOWN ON
MAP NO. V-O01 ON FILE IN THE OFFICE OF THE CITY
CLERK OF THE CITY OF RANCHO CUCAMONGA.
Mr. Cherbak stated that he wanted to quick claim the utility easements to the
City of Rancho Cucamonga once the Resolution was filed.
Mayor Schlosser called a recess at 9:05 p.m. The meeting reconvened at 9:25 p.m.
with all members of the Council and staff present.
City Council Minutes
January 7, 1981
Page 7
4G. BUILDING REGULATIONS ORDINANCE. Item had been continued from the (17
December 3, 1980 city council meeting. Jerry Grant presented the staff report.
City Clerk Wasserman read the title of Ordinance No. 122.
ORDINANCE NO. 122 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE
1979 EDITIONS OF THE UNIFORM BUILDING CODE,
UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT
OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNI-
FORM BUILDING SECURITY CODE, AND UNIFORM BUILDING
CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN
NECESSARY TO MEET LOCAL CONDITIONS.
Motion: Moved by Bridge, seconded by Mikels to waive further reading. Motion
carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser.
NOES: None. ABSENT: Palombo.
Mayor Schlosser opened the meeting for public hearing. Speaking were:
Chief Bob Lee, Foothill Fire District. He recommended that the building
regulations be adopted with a high fire resistant roofing materials.
Ken Willis, Building Industry Association, said that the Industry has taken
a position to support such laws in high fire hazard areas in Los Angeles
and Orange Counties. He said that lower risk areas should be allowed
alternate type materials.
S. M. Lewis, consultant for the Asphalt Roofing Association.
Ronnie Tannabaum, Etiwanda resident
Tom Masters, representing the Jack Masters Construction Company.
Bruce Chitiea.
There being no further discussion from the public, Mayor Schlosser closed
the public hearing.
Motion: Moved by Bridge, seconded by Frost to require a Class "C" or better
type roofing material throughout the community. Motion carried 4-0-1.
Mr. Grant then passed out a completely revised Ordinance No. 122 with the
necessary changes included.
City Clerk Wasserman read the title of Ordinance No. 122.
ORDINANCE NO. 122 (new first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979
EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM
HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM
BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE
STANDARDS AND MAKING CERTAIN CHANGES THEREIN
NECESSARY TO MEET LOCAL CONDITIONS.
Motion: Moved by Bridg~ seconded by Frost to waive further reading and to
set January 21, 1981 for second reading. Motion carried 4-0-1. (Palombo
absent).
Councilman Frost asked the City Manager to pass along to Marshall Julian of
San Bernardino the City Council's action.
City Council Minutes
January 7, 1981
Page 8
(18) 4H. PROPOSED REVISED INTERIM ZONING ORDINANCE. Jack Lam presented the staff
report.
Councilman Mikels stated that this should be the second reading of the
ordinance since it had been given a new first reading after changes had been
made at the last meeting.
Mr. Mikels said that the Action Agenda was acceptable notice for the items
on page 31 (ll)(B) and page 36 (9)(C).
On page 14, he suggested the sentence "The City Council 'may' approve, modify,
or disapprove the zone change and Development Plan!' be changed using the word,
"may" in place of the suggested word, "shall."
Another minor change would be on page 39 of the ordinance, secor~d sentence
from the end: "The Council may modify a recormmendation of the Planning
Commission on a rezoning or change after requesting and considering a report
of the Commission on the modification."
City Clerk Wasserman read the title of Ordinance No. 123.
ORDINANCE NO. 123 (second reading)
AN ORDINANCE OF THE CItY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND
ADMINISTRATION SECTIONS OF THE INTERIM ZONING
ORDINANCE.
Motion: Moved by Mikels, seconded by Frost to waive further reading. Motion
carried 4-0-1 (Palombo absent).
Mayor Schlosser opened the meeting for public hearing. Addressing Council was:
Bruc Chitiea wanted to know what the criteria was for determining the number
of horses on lots of 20,000 square feet. Jack Lam said it is determined on the
actual lot size. This is how it is stipulated in the County Code, and we are
not recommending any changes to that.
There being no further public comments, Mayor Schlosser closed the pub%lc
hearing.
Councilman Frost said he wanted to hear the Planning Co~nission's thoughts
on the changed under the Director Review section.
Councilman Bridge stated that he felt this procedure should not be changed now.
Motion: Moved by Bridge, seconded by Frost to leave the Director Review section
as proposed by the staff and direct staff to take the matter to the Planning
Commission to make a recommendation to Council. Under the Planned Development
section the density be increased as before, and tonight there will be a new
first reading incorporating these changes. Also, every Friday there should be
a report as to what-projects will be reviewed. Motion carried by the following
vote: AYES: Frost, Bridge, and Schlosser. NOES: Mikels. ABSENT: Palombo.
City Clerk Wasserman read the title of Ordinance No. 123 for a new first reading.
ORDINANCE NO. 123 (new first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RAi~CHO CUCAMONGA, CALIFORNIA, AMENDING THE
RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND
ADMINISTRATION SECTIONS OF THE INTERIM ZONING
ORDINANCE.
Motion: Moved by Bridge, seconded by Frost to waive further reading. Motion
carried unanimously 4-0-1. (Palombo absent)
Mayor Schlosser set January 21, 1981 for second reading.
City Council Minutes
January 7, 1981
Page 9
4I. PROPOSED REVISED SUBDIVISION ORDINANCE. Staff report presented by Jack Lam. (19)
City Clerk Wasserman read title of Ordinance No. 28-B.
ORDINANCE NO. 28-B (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMEND-
MENT "B" OF ORDINANCE NO. 28 TO BRING THE EXISTING
CITY ORDINANCE INTO COMI~LIANCE WITH THE LATEST
ADOPTED STATE MAP ACT.
Motion: Moved by Frost, seconded by Bridge to waive further reading. Motion
carried 4-0-1 (Palombo absent).
Mayor Schlosser opened the meeting for public hearing. There ~eing no response,
he closed the public hearing.
There being no further response from Council, the Mayor set January 21, 1981 for
second reading.
5. CITY MANAGER'S STAFF REPORTS.
5A. AGREEMENT FOR ENGINEERING SERVICES FOR EDA GRANT APPLICATION. Staff report (20)
by Lloyd Hubbs.
Since the contract was with L. D. King Engineering, Councilman Frost's employer,
he excused himself from the Council table during the discussion of this issue.
An agreement for engineering services with L. D. King to prepare grant applications,
environmental assessment and employment Justification for Industrial Storm Drain
"5d" was before Council for approval.
Motion: Moved by Mikels, seconded by Bridge to authorize the Mayor to sign the
agreement with L. D. King and authorize $14,000 from the storm drain fees to
proceed with the project. Motion carried 3-1-1 (Frost absent, Palombo absent).
5B. AGREEMENTS FOR ENGINEERING SERVICES RELATED TO BRIDGE OVER DEMENS CREEK AND (21)
DRAINAGE IMPROVEMENTS AT CHURCH STREET AT CENTER AVENUE. Staff report by Lloyd
Hubbs.
Councilman Frost expressed concern about the access to the proposed bridge. He
said its not going to do us any good to spend $5,000 in a design if the public
cannot legally use the facility when its built. He felt access should proceed
expenditure of design funds.
Mr. Hubbs said both needed to be interwined because the Demens Creek is going
to construction shortly and preliminary indications show we need to coordinate
some of the abutment design features need to be incorporated along with the
channel. We can work on easement issues concurrently. He said if there appeared
to be serious problems with access, then we could discontinue the last portion of
the design.
Motion: Moved by Bridge, seconded by Mikels to authorize the Mayor to sign the
agreement and to authorize expenditures of $6,100 from the storm drain fees and
$7,000 from the systems development fees. Motion carried 4-0-1 (Palombo absent).
5C. STORM PREPAREDNESS REPORT. An oral report on the status of storm repairs (22)
and storm operational procedures.
Because of the lateness of the hour, Council decided to defer this item to the
January 21st City Council agenda, and to put item near the beginning of the agenda
so the public could benefit from the report.
City Council Minutes
January 7, 1981
Page 10
(23) 5D. REQUEST FOR APPROVAL OF ENGINEERING TECHNICIAN (TRAINEE) POSITION. Staff
report by Lloyd Hubbs.
Request was from the City Traffic Analyst to retain one permanent Engineering
Traffic Technician to function full-time in the traffic section of the Engineering
Department.
Motion: Moved by Mikels, seconded by Bridge to approve the request for hiring a
full-time Engineering Technician Trainee. Motion carried 4-0-1 (Palombo absent).
(24) 5E. SET PUBLIC HEARING DATE FOR ZONE CHANGE NO. 80-16 - LANDM~ARK. FOR JANUARY
21~ 1981. (An added item).
A Zone Change from A-1 (limited agricultural) to R-1 (single family residential) for
1.65 acres located on the west side of Turner Avenue at Ironwood Street - APN
1077-041-58.
Motion: Moved by Frost, seconded by Mikels to approve the public hearing for
Landmark to be heard on January 21, 1981. Motion carried 4-0-1 (Palombo absent).
(25) 5F. AWARD OF CONTRACT. (added item). Staff report by Lloyd Hubbs.
It was recom~nended that Council award the bid for the widening and improvement of
Highland Avenue between Hermosa Avenue and Haven Avenue and Church Street between
Archibald Avenue and Kahai Avenue to Fontana Paving, Inc. They were the lowest
bidder at $81,954.08 plus a 10% contingency.
Motion: Moved by Bridge, seconded by Mikels to authorize the mayor to sign the
agreements awarding the contract to Fontana Paving for the Highland and Church
Streets Improvement Project for $81,954.08 plus a contingency of 10%. Motion
carried 4-0-1 (Palombo absent).
6. CITY ATTORNEY'S REPORTS. Assistant City Attorney, Bob Dougherty reported
that an appleate court upheld the City of Oxnard's school fee ordinance which
required developers to pay fees as a condition of development. In settling the
case, the court indicated that the fees for schools are not subject to the 2/3 vote
requirement established by Proposition 13.
7. ADJOURArMENT.
Motion: Moved by Frost, seconded by Mikels, to adjourn to an executive session
not to reconvene. Motion carried unanimously. The meeting adjourned at 12:35 a.m.
-- Respectfull~y submitted,
Beverly Authelet
Deputy City Clerk