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HomeMy WebLinkAbout1980/05/07 - Minutes May 7, 1980 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetin~ 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, May 7, 1980. The meeting was called to order at 7:02 p.m. by Mayor Phillip D. Schlosser who led in the pledge to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren Wasserman; Assistant City Attorney, Robert Dougherty; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Frost, seconded by Palombo to approve the March 19 minutes. Motion carried unanimously. Motion: Moved by Frost, seconded by Palombo to approve April 2 minutes. Motion carried unanimously. Motion: Moved by Mikels, seconded by Palombo to approve the April 15 and April 16 minutes. Motion carried unanimously. 2. ANNOUNCEMENTS. a. Historical Commission meeting on May 13 at 7:00 p.m. in the Lion's Park Community Center to discuss the Garrett Winery and Garcia House. b. Bridge presented a Proclamation declaring June 8-14 as Spring Clean-up Week in Rancho Cucamonga. Motion: Moved by Bridge, seconded by Mikels to approve the Proclamation. Motion carried 5-0. c. Mikels said he had attended the SCAG's Executive Committee last Thursday and Friday, and today he had attended the SANBAG meeting. At the Executive Committee they talked about the goals and directions of SCAG for the next year and re- vision~ tO the SCAG '78 growth figures. At SANBAG some revisions were submitted to the Regional Statistical Averages. d. Palombo said he had attended the last Arrowhead Justice meeting on April 29 which was the last meeting for consideration of the budget review process. LEAA was discontinuing funding of the Association. Therefore, the Association has asked that the city provide continued funding for approximately the next three years in support of the five programs and grants. He said the next meeting would be on May 14 to see what the cities'response would be. Palombo recommended that Council consider withdrawing from the Association. Mikels said he had done some investi- gation and found out that LEAA's funds were gone, and he did not see any benefit for the city remaining in this organization. Motion: Moved by Palombo, seconded by Frost to discontinue participation in the Arrowhead Justice Association contingent upon LEAA funds being withdrawn. Motion carried 5-0. e. Jim Frost said that at the SANBAG meeting it was discussed that the County Planning Commission has approved a tentative map within the Route 30 right,. of-way and will be before the Board of Supervisors for review. He suggested that the Mayor send letters to the Board of Supervisors reiterating our former position that we are in opposition to any tentatives being pulled in unincorporated areas within the Foothill Freeway corridor; and to the County Planning Department reitera- ting our position. Also, that any decisions which affects other governmental agencies the County Planning Department should get the authorization and approval from those agencies. City Council Minutes May 7, 1980 Page 2 Motion: Moved by Frost, seconded by Mikels to direct the Mayor to send letters to the Board of Supervisors and County Planning Department reiterating our former position regarding the Foothill Freeway corridor. Motion carried 5-0. f. Frost announced that the City Selections Comn{ittee has determined that Bill Kragness of Fontana will be replacing Mike Jiminez on LAFCO. g. Mayor Schlosser read a letter from Vetro Strand Company which co,ended one of the city's building inspectors for their helpfulness. h. Mr. Wasserman requested the following changes to the Agenda: (1) Remove staff items 6G, 6H, 6I to the Consent Calendar as items 4m, 4n, 4o. Motion: Moved by Mikels, seconded by Palombo to make the changes from staff items to Consent Calendar items 4m, 4n. 4o. Motion carried 5-0. (2) Add staff item 6G, Vacation of a Portion of 19th Street. Motion: Moved by Palombo, seconded by Frost to approve the addition of staff item 6G. Motion carried 5-0. (3) Add staff item 6F, Request funding from the R.C. Jaycees. Motion: Moved by Palombo, seconded by Mikels to table the request. Motion carried 5-0. Councilman Palombo was called from the meeting. 3. COMMISSION REPORTS. A. A~visory Commission: Next meeting ~rill be Thursday, May 15, at 6:00 p.m. Place to be announced. B. Historical Commission: There were no reports. 4. CONSENT C~LENDb~R. a. Approval of warrants: Register No. 80-5-7 for $718,344.68. b. Authorization for Community Services Director to attend Legislative Con- ference and Federal Aid Briefing on May 14 and 15 in Sacramento. Cost: not to exceed $200. (1) c. Refer late claim by Robert Glen Gregory in the amount of $75,000 to City Attorney for handling. (2) d. Refer claim by Candy J. Cannon and Bill Cannon to the City Attorney for handling. (3) e. Refer claim by Ed. Rogerson in the amount of $520.84 to the City Attorney for handling. (4) f. Refer late claim by Jess~ Albert Cruz to the City Attorney for handling. (5) g- Refer claim by Lesney Development to the City Attorney for handling. (6) h. Approval of alcoholic beverage license by Daniel B. Milliken, Margaret F. Milliken, co-trustees for estate of Ruth E. Milliken, for on-sale beer license at the La Mancha, 10495 Arrow Highway. City Council Minutes May 7, 1980 Page 3 i. Release of bonds: (7) Tract 6846: Located at the southeast corner of State Highway 30 and Beryl Street. Owner: Griffin Development Co. Faithful Performance Bond (road) $100,000 Labor & Material Bond (road) 50,000 Labor & Material Bond (sewer) 20,000 Labor & Material Bond (water) 33,500 Tract 9224: Located at the northeast corner of Ramona Avenue and Victoria Street. Owner: C/D Development Co. Faithful Performance Bond (road) $ 30,000 Labor & Material Bond (road) 15,000 Labor & Material Bond (water) 8,500 Tract 9226: Located north of Sixth Street between Archibald and Hellman Avenues. Owner: Walton Associated Companies, dba Faithful Performance Bond (road) $100,000 Labor & Material Bond (road) 50,000 Labor & Material Bond (on-site sewer) 11,500 Labor & Material Bond (off-site sewer) 3,500 Labor & Material Bond (water) 17,500 Tract 9245: Located on the west side of Haven Avenue between 19th Street and the Southern Pacific Railroad tracts. Owner: Lewis Homes of California. Labor & Material Bond (road) $ 61,000 Labor & Material Bond (sewer) 11,000 Labor & Material Bond (on-site water) 14,000 Labor & Material Bond (off-site water) 12,500 Tract 9254: Located on the northwest corner of Archibald Avenue and Highland Avenue. Owner: Walton/Lundstrom - Alta Loma. Labor & Material Bond (road) $ 69,000 Tract 9255: Located on the north side of 6th Street between Hellman Avenue and Archibald Avenue. Owner: Lusk-Walton Cucamonga, a Partnership. Labor & Material Bond (road) $ 50,000 Labor & Material Bond (sewer) 17,000 Labor & Material Bond (water) 15,500 Tract 9260: Located on the southwest corner of 19th Street and Archibald Avenue. Owner: Thompson & Associates. Faithful Performance Bond (road) $150,000 Labor & Material Bond (road) 75,000 Labor & Material Bond (sewer) 12,000 Labor & Material Bo~d (water) 18,000 Tract 9274: Located on west side of Hellman Avenue and north of Arrow Route. Owner: M. J. Brock and Sons. Labor & Material Bond (road) $ 86,000 Labor & Material Bond (sewer) 24,000 Labor & Material Bond (on-site water) 27,000 Labor & Material Bond (off-site water) 6,000 City Council Minutes May 7, 1980 Page 4 Tract 9280: Located between Hellman Avenue and Amethyst Street at Monte Vista Street. Owner: Bob Jensen Builder, Inc. Labor & Material (road) $ 72.000 Labor & Material (sewer) 19,000 Labor & Material (water) 27,500 Tract 9287: Located at northeast corner of Lemon Avenue and Carnelian Street. Owner: Crowell/Leventhal, Inc. Faithful Performance Bond (road) $116,000 Labor & Material Bond (road) 58,000 Labor & Material Bond (sewer) 20,500 Labor & Material Bond (water) 20,000 Tract 9295: Located on southwest corner of Archibald Avenue and 7th Street. Owner: Socaland Corp. Labor & Material Bond (road) $ 50,000 Labor & Material Bond (sewer) 11,500 Labor & Material Bond (water) 16,000 Tract 9298: Located on south side of Vicara Drive between Sapphire Street and Jasper Street. Owner: Manfred Hall. Labor & Material Bond (water) $ 14,500 Tract 9302: Located on southwest corner of Hermosa Avenue and Lemon Avenue. Owner: Vanguard Builders, Inc. Faithful Performance Bond (road) $ 88,000 Labor & Material Bond (sewer) 17,000 Labor & Material Bond (water) 10,000 Tract 9313: Located on south side of 7th Street between Hellman Avenue and Archibald Avenue. Owner: Socaland Corp. Labor & Material Bond (road) $ 39,000 Labor & Material Bond (sewer) 10,000 Labor & Material Bond (water) 13,500 Tract 9314: Located on southeast corner of Hellman Avenue and 7th Street. Owner: Lusk/Walton Cucamonga. Labor & Material Bond (road) $ 84,000 Labor & Material Bond (sewer) 6,000 Labor & Material Bond (water) 20,500 Tract 9315: Located on northwest corner of Sixth Street and Archibald Avenue. Owner: Lusk/Walton Cucamonga. Labor & Material Bond (road) $ 40,000 Labor & Material Bond (sewer) 8,000 Labor & Material Bond (water) 10,000 City Council Minutes May 7, 1980 Page 5 Tract 9320: Located between Amethyst and Hellman Avenue and north of Banyan Street and south of Hillside Road. Owner: Lewis Homes. Labor & Material Bond (road) $ 37,000 Labor & Material Bond (water) 23,500 j. Refer claim by Green Andrew Hoxey in the amount of $500,000 to the City Attor- (81 ney for handling. k. Approval of a Lease/Purchase Agreement for capital equipment at a cost of (9~ $265,000. RESOLUTION NO. 80-37 A RESOLUTION OF THE CITY COUNCIL OF THE CI%Y OF P~CHO CUCAMONGA, CALIFORNIA, APPROVING LEASE AGREEMENT WITH UNITED CALIFORNIA BANK FOR THE PURCHASE OF CAPITAL EQUIPMENT. 1. Refer claim by Ernest Derho in the amount of $10,000 to the City Attorney (1( for handling. m. Tract Nos. 9193 and 9362 - Acceptance of Bonds. Located east of Vineyard (1] and north of Base Line. Owner: William Lyon Company. Tract 9193: (lZ Performance Bond (road) $ 69,000 Labor & Material (road) 69,600 Tract 9262: Performance Bond (road) 136,800 Labor & Material (road) 136,800 RESOLUTION NO. 80-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAiqCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE~ENT AGREEMENT, II~ROVEMENT SECURITY, AND FINAL M~ OF TRACT NO. 9262. RESOLUTION NO. 80-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL M~ OF TRACT NO. 9193. n. Acceptance of Parcel Map No. 5687: Located at the northeast corner of Base Line and Rochester consisting of 2 parcels on 24 acres. RESOLUTION NO. 80-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL M~ NUMBER 5687 (TENTATIVE PARCEL MAP NO. 5687). City Council Minutes May 7, 1980 Page 6 (16) n. Approval of Parcel Map No. 4511. Located southeast corner of Base Line (17) and Carnelian Street. Owner: Buster Filpi. RESOLUTION NO. 80-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 4511, (TENTATIVE PARCEL MAP NO. 4511), IMI~ROVEMENT AGREEMENT, AND IMI~ROVEMENT SECURITY. Motion: Moved by Mikels, seconded by Frost to approve the Consent Calendar as amended by adding items 4m, 4n, and 4o. Motion carried 5-0. Mayor Schlosser called a Recess at 7:25 p.m. since Councilman Palombo had not yet returned, and Council desired to have all members present to discuss Committee assignments. The meeting reconvened at 7:35 p.m. with all Council members present. (18) Item 2c. Council Committee Assi&nments. Council made the following Committee assignments: Finance Committee: Jim Frost and Jon Mikels. (One would take a one year term, the other a 6 month term to be determined amongst themselves.) Flood Control Zone I Committee: Motion: Moved by Frost, seconded by Bridge to appoint position of Mayor with alternate the position of Mayor pro tem. Motion carried 5-0. City Selections Committee: Motion: Moved by Frost, seconded by Mikels to appoint the position of Mayor and alternate the position of Mayor pro rem. Motion carried 5-0. Mayors and Presidents Committee: Motion: Moved by Mikels, seconded by Palombo to appoint the Mayor and Mayor pro rem as alternate. Motion carried 5-0. City Flood Control Committee: Motion: Moved by Schlosser, seconded by Mikels to appoint Bridge, alternate Palombo. Motion carried 5-0. BEST Committee: Motion: Moved by Frost, seconded by Mikels to appoint Bridge, alternate Palombo. Motion carried 5-0. Citrus Belt Executive Committee: Motion: Moved by Mikels, seconded by Palombo to appoint Frost or his designee. Motion carried 5-0. Arrowhead Justice Association: Motion: Moved by Mikels, seconded by Frost to appoint Palombo pending funding. Motion carried 5-0. Inland Manpower Associ&tion: Motion: Moved by Mikels, seconded by Frost to appoint Palombo. Motion carried 5-0. SCAG: Motion: Moved by Frost, seconded by Bridge to appoint Mikels, alter- nate Palombo. Motion carried 5-0. Soil Erosion and Dust Prevention: Motion: Moved by Bridge, seconded by Palombo to appoint Mikels or his designee. Motion carried 5-0. Foothill Freeway: Motion: Moved by Bridge, seconded by Frost to appoint Schlosser, alternate Bridge. Motion carried 5-0. City Council Minutes May 7, 1980 Page 7 West Valley Transit: Motion: Moved by Schlosser, seconded by Mikets to appoint Palombo. Motion carried 5-0. Council requested that secret ballots be used for the selection of the repre- sentative for SANBAG/Omnitrans. The City Clerk conducted the process, and then announced that Councilman Mikels had been selected to be the Council's repre- sentative for SANBAG/Omnitrans. Mikels suggested that Jim Frost be appointed as the alternate. Motion: Moved by Palombo, seconded by Mikels to appoint Jim Frost as the alternate for SANBAG/Omnitrans. Motion carried 5-0. 5. PUBLIC HEARINGS 5A. APPEAL OF ZONE CHANGE NO. 80-02 - WATT INDUSTRIES. A change of zone from (19) R-3 to C-2 for property located on the east side of Haven Avenue between Lemon and Highland. Staff report by Jack Lam. City Clerk Wasserman read the title of Ordinance No. 101. ORDINANCE NO. 101 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING THE WESTERLY 557' OF ASSESSOR'S PARCEL NUMBER 201- 271-53 FROM R-3 TO C-1 LOCATED ON THE EAST SIDE OF HAVEN AVENUE BETWEEN LEMON AND HIGHLAND AVENUES. Motion: Moved by Frost, seconded by Bridge to waive further reading. Motion carried 5-0. Mayor opened the meeting for public hearing. Those speaking in favor of the zone change and proposed shopping center were: President of Watt Commercial Properties Lloyd Bookout, environmental consultant Jerry Kramer Jack Sylvester, owner of the property Vito de Vito Francesco, attorney for Mr. Sylvester Bob Demlock, consulting civil engineer Doug Hone, owner of parcel on the southwest corner of Lemon and Haven Mayor Schlosser called a recess at 9:15 p.m. The meeting reconvened at 9:25 p.m. with all members of the Council present. Mayor continued the public hearing by asking for those who wished to speak in opposition to the zone change and project. They were: Linda Greer, 6204 Valinda Street Craig Nelson, 10560 Lemon Clara Velos, 10522 Lemon Roland Smith, 6235 Valinda Ronnie Tagnebaum, 6681 Etiwanda Avenue Since there was no one else wishing to address the Council, the Mayor closed the public hearing. Motion: Moved by Palombo, seconded by Mikels to refer this back to the Planning Commission for reconsideration with the consent of the developer. Motion failed by the following vote: AYES: Palombo, Mikels. NOES: Frost, Bridge, and Schlosser. ABSENT: None. Motion: Moved by Bridge, seconded by Frost that the appeal be granted and the proposal for the zone change from R-3 to C-1 be approved. Motion carried by the following vote: AYES: Frost, Bridge, and Schlosser. NOES: Mikels, Palombo. NOES: None. Mayor set May 21 for second reading of ordinance. City Council Minutes May 7, 1980 Page 8 Mayor Schlosser called a recess at 10:20 p.m. Meeting reconvened at 10:25 p.m. with all members of the Council present. (20) 5B. ZONE CHANGE NO. 80-03 - THOMAS COLEMAN. A request for a change of zone from R-3 to M-1 for 2.4 acres of land located on the north side of Ninth Street, approximately 1,000 feet west of Vineyard Avenue - Assessor's Parcel No. 207-262-28. Staff report by Jack Lam. City Clerk Wasserman read title of Ordinance No. 102. ORDINANCE NO. 102 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 207-262-28 FROM R-3 TO M-1 LOCATED ON THE NORTH SIDE OF NINTH STREET APPROXIMATELY 1,000 FEET WEST OF VINEYARD AVENUE. Motion: Moved by Palombo, seconded by Bridge to waive further reading of Ordinance No. 102. Motion carried 5-0. Mayor opened the meeting for public hearing. There being no response, the hearing was closed. After a brief Council discussion, the Mayor set May 21 for second reading of Ordinance No. 102. (21) 5C. ZONE CHANGE NO. 80-05 - JUDITH AND THOMAS STEPHENSON. A change of zone from R-l-i to R-1-20,O00 for property located on the northwest corner of Klusman and Whirlaway. Staff report by Jack Lam. City Clerk Wasserman read title of Ordinance No. 103. ORDINANCE NO. 103 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 1061-511-6 AND 7 FROM R-l-1 TO R-1-20,O00 LOCATED ON THE NORTHWEST CORNER OF KLUSMAN AND WHIRLAWAY. Motion: Moved by Mikels, seconded by Palombo to waive further reading of Ordinance No. 103. Motion carried 5-0. Mayor opened the meeting for public hearing. There being no response, the hearing was closed. There being no discussion from the Council, the Mayor set May 21 for second reading of Ordinance No. 103. (22) 5D. AN ORDINANCE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS. An ordinance setting up procedures and policy for disasters and emergencies within the City. Staff report by Bill Holley. City Clerk Wasserman read title of Ordinance No. 104. ORDINANCE NO. 104 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS. Motion: Moved by Mikels, seconded by Frost to waive entire reading. Motion carried 5-0. City Council Minutes May 7, 1980 Page 9 Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Council discussed the ordinance and made the following changes: Mikels recommended that the words "officer or" be deleted on page 4 of the ordinance. Council concurred with this change. Palombo suggested that the Disaster Council consist also of a councilmember who should be the Vice Chairman. Council concurred with this change. After the Council discussion, Mayor Schlosser set May 21 for second reading of Ordinance No. 104. 5E. AN ORDINANCE AMENDING THE HISTORICAL ORDINANCE NO. 70. The ordinance clarifies (23 whether or not the City Council is required to hear all landmark matters heard by the Historic Commission, whether recommended for approval or not. Staff re- port by Bill Holley. City Clerk Wasserman read title of Ordinance No. 70-D. ORDINANCE NO. 70-D (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMfENDING SUBSECTIONS (c) AND (d) OF SECTION 10 OF ORDINANCE NO. 70 CREATING AN HISTORIC PRESERVATION COMMISSION TO ACT IN ADVISORY CAPACITY TO THE CITY COUNCIL IN THE IDENTIFICATION AND PRESERVATION OF HISTORICAL OBJECTS, EVENTS, STRUCTURES, AND SITES, AND TO IDENTIFY PERSONS OF HISTORICAL SIGNIFICANCE TO THE CITY OF RANCHO CUCAMONGA. Motion: Moved by Frost, seconded by Mikels to waive further reading of Ordinance No. 70-D. Motion carried 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. There being no further discussion from Council, the Mayor set May 21 for second reading of Ordinance No. 70-D. 5F. RESOLUTION ADOPTING POLICY FOR STREET DEVELOPMENT STANDARDS FOR LAND (24 LOCKED PARCELS. Staff report by Jack Lam. On February 6 the City Council had reviewed a resolution adopted by the Planning Commission regarding street development standards for land locked parcels. The Resolution was inadvertently left off the agenda. Approval of the Resolution is necessary so staff can continue with the preparation of an ordinance. Mayor asked if anyone in the audience wished to speak. There being no response, the public portion was closed. Motion: Moved by Mikels, seconded by Palombo to adopt Resolution No. 80-38 and to waive further reading. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, -and Schlosser. NOES: None. ABSENT: None. City Clerk Wasserman read title of Resolution No.80-38. RESOLUTION NO. 80-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REQUIREMENT FOR ACCESS TO LANDLOCKED PARCELS WHERE NO SUBDIVISION OCCURS. City Council Minutes May 7, 1980 Page 10 6. CITY MANAGER'S STAFF REPORTS (25) 6A. REQUEST FOR WAIVER OF STREET IMPROVEMENTS - EDWARD HOOVER. The Hoovers are the owners of a "land locked parcel" and have requested that the city allow them to split the lot into two lots without the requirement of street improvements. (26) 6B. PARCEL MAP 5441: A REQUEST FOR MODIFICATION TO STREET IMPROVEMENT RE- qUIREMENTS. Mr. Hubbs gave the staff reports for items 6A and 6B at the same time, Mayor opened the meeting for public input on'both items. Those speaking in favor of the waiver of street improvements were: William J. Schultz, 802 W. San Bernardino Road, Covina (Parcel Map 5441). Bob Horne, engineer hired by Mr. Schultz from Linville, Sanderson, Home No one was present representing the Hoovers. Council asked Mr. Schultz if they could study this further and come back at a later Council meeting for a decision. Mr. Schultz concurred with this. Motion: Moved by Bridge, seconded by Mikels for a continuance of items 6A and 6B. Motion carried by the followTng vote: AYES: Frost, Mikels, Palo~bo, Bridge, and Schlosser. NOES: None. (27) 6C. LOCAL AGENCY FEDERAL AID URBAN SYSTE~f PROJECTS AGREEMENT FOR RECONSTRUCTION OF BASE LINE BETWEEN VINEYARD AND HERMOSA AVENUE. Staff report by Lloyd Nubbs. Motion: Moved by Bridge, seconded by Mikels to approve Resolution No. 80-39 and to waive entire reading. Motion carried bM the followSng vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. Title of Resolution was read by City Clerk Wasserman. RESOLUTION NO, 80~39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION OF LOCAL AGENCY STATE AGREEMENT NO, 08-5420, SUPPLEMENT NO, 2, (28) 6D. APPROVAL OF CONTRACT FOR THE BASE LINE RECONSTRUCTION PROJECT BETWEEN VINEYARD AVENUE AND HERMOSA AVENUE. Staff report by, Lloyd Hubbs. Motion: Moved by Mikels, seconded by Palombo to award the contract for the Base Line reconstruction project to Robert Escudero, Inc. and authorize execution of the contract and funding of the project plus 10% contingency and $6,000 for construction staking. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. (29) 6E. REQUEST FOR ADDITIONAL OFFICE SPACE, Staff report by Lauren Wasserman. Motion: Moved by Palombo, seconded by Bridge to authorize the s~gning of a lease for 9340-D Base Line at a cost of 35 cents per square foot to be used for additional office space for the city offices. Also, to authorize the expenditure of $13,500 for modifications to the new unit and the main building. Motion carried 5-0. City Council Minutes May 7, 1980 Page 11 6F. ACQUISITION OF MAINTENANCE FACILITY. Staff report by Lauren Wasserman. (30) Motion: Moved by Palombo, seconded by Mikels to approve the purchase of the County Road biaintenance yard at 111 North Grove Avenue and to authorize taking $137,000 from the facilities fund for this acquisition to include the installation of gas storage and pumping equipment. Motion carried 5-0. 6G. ADDED ITEM: VACATION OF A PORTION OF 19TH STREET. Staff report by Lloyd (31) Hubbs. Motion: Moved by Palombo, seconded by Bridge to approve the Resolution of Intent No. 80-44 and to waive entire reading. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. Title read by City Clerk Wasserman. RESOLUTION NO. 80-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO VACATE 19TH STREET AT RAMONA AVENUE AS SHOWN ON MAP NO. V-007 ON FILE IN THE OFFICE OF THE CITY CLERK. 7. CITY ATTORNEY'S REPORTS. Mr. Dougherty gave a report regarding the Owens versus Independence case. He stated that it was decided by the Supreme Court that municipalities were always declared under the Civil Rights Act not be be "persons", and therefore, although people could sue public officials, they could not sue the municipality. In 1978 the Supreme Court changed that rule by saying that cities are persons and could be sued under the Civil Rights Act. However, up until that time, the defense of good faith was always available for city officials. In Owens versus Independence case, the Supreme Court eliminated the defense of good faith for the public entity. It is still available for the public official, but is not available for the public agency. In Civil Rights law suits against a public agency, there is an absolute liability if the vio- lation of civil rights is established notwithstanding good faith. 8. ADJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn to an Executive Sesstion not to reconvene. The meeting adjourned at 12:10 a.m. Respectfully submitted, Beverly Authelet Deputy City Clerk