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HomeMy WebLinkAbout1992/03/04 - Minutes March 4, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. C.3T.T. TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, March 4, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:05 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Scott Murphy, Associate Planner; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Jo Lynne Pereyra, Integrated Waste Coordinator; Diane O'Neal, Management Analyst II; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lt. Mike Ingram, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. , , , , , B. ANNOUNCEMENTS/PRESENTATIONS B1. Honoring Joseph DiIorio and His Contributions to the Community. Proclamation was presented to David DiIorio. B2. Presentation of 5-Year Service Pin to Kathy James and Pat Morrison. Mayor Stout presented 5-Year Service Pins to Pat Morrison and Kathy James. B3. Presentation of Proclamation Recognizing March as Red Cross Month. Mayor Stout presented Proclamation to Judge Van Stockum, Chairman of the Red Cross Board. B4. Presentation of Proclamation Recognizing March 8-14, 1992 as Girl Scout Week. Mayor Stout presented Proclamation to Debbie Noritz and the Girl Scouts. City Council Minutes March 4, 1992 Page 2 (2) (3) (4) B5. Recognition of March 7, 1992 as Arbor Day. Mayor Stout presented Proclamation to Joe O'Neil, and mentioned that on Saturday, March 7, 10:00 a.m., there will be a celebration in recognition of Arbor Day. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , , , , , , D. CONSENT CALENDAR Jack Lam, City Manager, mentioned there was a correction in the title of item D12 which is as follows: Contract 89-160, the project description should be Sapphire Parkway Renovation and Trail Retrofit north of Banyan Street, not the Base Line Road Beautification project; and Contract 90-073, 19th Street and Amethyst Street is in correct. The contract number should be release of CO 90-063, the Arrow Route Street Improvements from Center Avenue to Haven Avenue project. D1. Approval of Minutes: January 29, 1992 (Buquet absent) February 5, 1992 D2. Approval of Warrants, Register Nos. 2/12/92 and 2/19/92; and Payroll ending 2/13/92 for the total amount of $1,732,389.73. D3. Approval to appropriate $5,000.00 from Deferred Revenue Account 22-236 to prepare a design study for Rochester Avenue Street Improvements north of Highland Avenue and to amend Fiscal Year 91/92 budget to include appropriation in a Systems Expenditure Account. (0401-21 FUND APPRO) (lll0-10 STREET PI) D4. Approval of Parcel Map 13800, located at the southeast corner of Main Street and Reid Avenue, submitted by Orrin Brothers Construction Company. (1002- 09 MAP PARCEL) RESOLUTION NO. 92-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 13800 D5. Approval to execute contract (CO 92-013) for Engineering Services for Map and Plan Checking with Derbish, Guerra and Associates. (0602-01 CONTRACT) D6. Approval to execute an Agreement for Acquisition of Security, and Deposit for Lark Drive between its easterly terminus and Rochester Avenue Street Rights- of-Way submitted by the William Lyon Company. (0602-01 CONTRACT) City Council Minutes March 4, 1992 Page 3 RESOLUTION NO. 92-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR LARK DRIVE FROM THE WILLIAM LYON COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D7. Approval to execute an Agreement for the Installation of Street Improvements and Dedication of Rights-of-Way at the southeast corner of Calaveras Avenue and Ninth Street between the Church of The Nazarene and the City of Rancho Cucamonga. (0602-01 AGREE P/I) RESOLUTION NO. 92-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND DEDICATION FROM THE CHURCH OF THE NAZARENE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D8. Approval to execute Improvement Agreements, Improvement Securities for Improvements to the south side of 24th Street from approximately 600 feet west of Cherry Avenue to approximately 1900 feet east of Cherry Avenue, a Traffic Signal at 24th Street and Cherry Avenue, Improvement to Cherry Avenue from 24th Street to the 1-15 Freeway and the installation of a 30 inch water line in 24th Street submitted by First City-Hunter's Ridge Limited Partnership in conjunction with Tract 13750 located in the City of Fontana. (0602-01 AGREE IMPR) RESOLUTION NO. 92-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, AND IMPROVEMENT SECURITIES FOR 24TH STREET, CHERRY AVENUE, TRAFFIC SIGNAL AND A 30 INCH WATER LINE IN 24TH STREET D9. Approval to accept Improvements, Release of Bonds and Notice of Completion for DR 87-56, located on the southwest corner of Rochester Avenue and Jersey Boulevard. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $904,000.00 RESOLUTION NO. 92-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-56 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (s) (6) (7) City Council Minutes March 4, 1992 Page 4 (8) (9) (11) DiO. Approval to accept Improvements, Release of Bonds and Notice of Completion for DR 90-05, located on the northeast corner of Hellman Avenue and 9th Street. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $330,000.00 RESOLUTION NO. 92-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 90-05 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Dll. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 12263, located on the southeast corner of Highland Avenue and Milliken Avenue. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $336,000.00 Accept: Maintenance Guarantee Bond (Street) $ 33,600.00 RESOLUTION NO. 92-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 12263 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 12. Approval to release Maintenance Guarantee Bonds for the following Improvement Projects: Arrow Route Widening, Phase 2, CO 90-009; Highland Reconstruction Hermosa to Mayberry, CO 90-073; and Parks Retrofit, CO 90- 022; Baoc Linc Road Bcautification, 90-002; 19th Street, West City Limits to Carnelian Avenue, CO 90-046; 19th Strcct and Amcthyot Strcct, CO 90 073 Arrow Route Street Improvement from Center Avenue to Haven Avenue Project; CO 90-063; 4th Street and Haven Avenue Entry Monument, CO 90-019; Amethyst Street North of 19th Street, CO 90-051; 19th Street, Archibald to Haven Avenues, CO 90-137. (0602-01 BOND REL) MOTION: Moved by Alexander, seconded by Wright to approve the Consent Calendar as corrected. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE PERTAINING TO MASSAGE TECHNICIANS, ESTABLISHMENTS AND SIMILAR BUSINESSES (1401-01 RECREATION) Debra J. Adams, City Clerk, read the title of Ordinance No. 485. City Council Minutes March 4, 1992 Page 5 ORDINANCE NO. 485 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.24 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO MASSAGE TECHNICIA/~S, ESTABLISHMENTS AND SIMILAR BUSINESSES MOTION: Moved by Williams, seconded by Buquet to waive full reading and approve Ordinance No. 485. Motion carried unanimously, 5-0. Mayor Stout stated he had previously voted no on the first reading of Ordinance No. 485 because he did not feel it was ready for second reading at the time. He stated now he has received additional information from staff and now feels comfortable voting yes. E2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 91-05 - CITY OF RANCHO CUCAMONGA - A request to amend the definition of Massage Establishment in Section 17.02.140 of the Development Code. (0203-03 DC AMEND) Debra J. Adams, City Clerk, read the title of Ordinance No. 486. ORDINANCE NO. 486 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-05, AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE THE DEFINITION OF MASSAGE ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Buquet to waive full reading and approve Ordinance No. 486. Motion carried unanimously, 5-0. Mayor Stout stated he had previously voted no on the first reading of Ordinance No. 486 because he did not feel it was ready for second reading at the time. He stated now he has received additional information from staff and now feels comfortable voting yes. E3. CONSIDERATION TO ESTABLISH A SPEED LIMIT OF 40 MPH ON LEMON AVENUE FROM HAVEN AVENUE TO HIGHLAND AVENUE AND 45 MPH ON EAST AVENUE FROM BASE LINE ROAD TO HIGHLAND AVENUE (1141-10 SPEED LIM) Debra J. Adams, City Clerk, read the title of Ordinance No. 487. (14) City Council Minutes March 4, 1992 Page 6 (is) ORDINANCE NO. 487 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Williams, seconded by Buquet to waive full reading and approve Ordinance No. 487. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION TO ADOPT FINAL REPORT FOR AB 939'S SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT Staff report presented by Diane O'Neal, Management Analyst II. (1170-04 RECYCLE) (1170-09 WASTE HAZ) Mayor Stout opened the meeting for public hearing. Addressing the City Council was: Kent Crowley, the Chamber of Commerce, commended staff and thanked the City for bringing this matter to the Chamber for their input. There being no further response, the public hearing was closed. Mayor Stout felt the report was easy to understand and well written. commended the consultant for the report. He RESOLUTION NO. 92-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AB 939'S FINAL REPORT FOR THE SOURCE REDUCTION AND RECYCLING ELEMENT AND FINAL REPORT FOR THE HOUSEHOLD HAZARDOUS WASTE ELEMENT MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-055. Motion carried unanimously, 5-0. , , , , , F2. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 91-20 - SHELL OIL - An appeal of the Planning Commission's decision denying a request to establish a gas station, mini-market, and car wash on a 1.31 acre parcel in the Medium Residential Designation (8-14 dwelling units per acre) of the Terra Vista Planned Community, located at the southwest corner of Base Line Road and Rochester Avenue - APN: 227-151-17. Staff report presented by Scott Murphy, Associate Planner. (0701-06 APPEAL) (0802-02 CUP) Mayor Stout opened the meeting for public hearing. Addressing the City Council were: City Council Minutes March 4, 1992 Page 7 Heinz Lump, Forma, 10790 Civic Center Drive, Suite 100, Rancho Cucamonga, presented information on the location of the proposed project and gave details to that extent. He stated they want to build a neighborhood serving facility. He also told about the car wash and the noise factor involved with that. Kathy Lucien, Shell Oil, 3281 Guasti, Suite 480, Ontario, stated the Planning Commission had questioned the number of hours they would stay open. She presented slides showing Shell Oil's stations and the fact they are open 24 hours. She also talked about crime statistics relating to this type of project. She also presented a video which featured safety and security for their stores. She also reported on estimated sales tax revenue this establishment could bring to the City of Rancho Cucamonga. Richard Major of Lewis Homes pointed out that in the staff report dated March 4, Brad Buller, City Planner, stated, "The Commission determined that the proposed use would create excessive noise and an intensity of use which is incompatible with the residential areas." He stated the minutes of the Planning Commission indicate that this was denied by a 3-2 vote. He also referenced various comments from the minutes made by Peter Tolstoy as to why he voted no on this project. He continued to make comments about a report done by Gordon Bricken & Associates as to a noise analysis for the project which is on file in the office of the City Clerk. He stated the current daily traffic count on Base Line is 19,000 cars per day, projected to increase to 35,000 cars per day. He stated the ambient noise experienced by the current residents of the Rochester tract is significantly higher than the expected noise measured by the proposed gas station. He added the closest residence that they would build is no closer to the noise generating sources than existing of the Rochester Tract. He felt any problems with the Rochester tract have been mitigated and that any new potential homebuyers in a Lewis Tract would know about the gas station because it will be built. He also added the residents of the Rochester tract have been noticed more than what was required by law regarding this project. Joe Oleson, Lewis Homes, stated if they are successful in their appeal tonight, they request a change in the offsite improvements as was stated in a previous letter to Joe O'Neil, which was part of the Planning Commission staff report package. He asked that the City Council uphold the appeal. After discussion with staff and the attorney on this matter, Mr. Oleson stated he would withdraw the request for reduction of offsite improvements until the appeal matter was resolved. Mike Humphrey, Navco Security, stated his organization works with Shell Oil. He told about the operation and felt Shell goes above and beyond what is required of them, and felt the City Council should approve the station. There being no further response, the public hearing was closed. City Council Minutes March 4, 1992 Page 8 Councilmember Alexander stated he felt the landscaping does provide the necessary protection, and felt this area needed development and that it should be allowed to be built. Councilmember Buquet stated he did not see anything that should keep this project from being built. He stated his concern is the noise factor for the car wash and it being allowed to be open 24 hours. Councilmember Williams stated she did not think a mini-mart would mean more crime. She stated she did not think the car wash noise would add to that which already exists from passing traffic. She felt this would be an addition to the neighborhood. She stated she had no problem with this going in at this location. Councilmember Wright stated she felt this project was done as well as a gas station and mini-mart could be done. She stated she did not object to the project. Mayor Stout stated he did not think a gas station should be allowed to go in at this location. He felt there were a lot of other locations in the City that were more suitable for this type of business. He suggested a larger center for this type of use. He felt this particular location for the proposed project would be a good target for a robbery. He felt residential neighborhoods should remain residential neighborhoods. He stated the City Council had denied a car wash near a residential area at Lemon and Haven previously and felt this project should be denied also. Councilmember Buquet stated he was still concerned about operating a car wash from 11:00 p.m. to 5:00 a.m. He stated he was still concerned about the noise levels. He felt they should be able to proceed, with conditions placed on them relating to the car wash. Brad Buller, City Planner, stated if the City Council upholds the appeal, it would include conditions which could restrict hours of operation for the car wash. Councilmember Buquet felt the hours should be restricted. RESOLUTION NO. 92-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 91- 20, AREQUEST TO ESTABLISH A GAS STATION, MINI-MARKET, AND CAR WASH ON A 1.31 ACRE PARCEL IN THE MEDIUM RESIDENTIAL DESIGNATION (8-14 DWELLING UNITS PER ACRE) OF THE TERRAVISTA PLANNED COMMUNITY, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-17 MOTION: Moved by Alexander, seconded by Buquet to uphold the appeal, and also restricting the hours of operation for the car wash from 11:00 p.m. to 5:00 a.m. Motion carried 4-1 (Stout no). City Council Minutes March 4, 1992 Page 9 G. PUBLIC HEARINGS ITEMS G1 AND G2 WERE CONSIDERED AT THE SAME TIME. G1. CONSIDERATION OF EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY FOR LARK DRIVE FROM ITS EXISTING EASTERLY TERMINUS TO ROCHESTER AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-of- way for Lark Drive from its easterly terminus to Rochester Avenue at the property commonly known by Assessors Parcel Number 227-011-13 (a vacant lot) for the construction of street improvements across the south property line of said property. Staff report presented by Mike Olivier, Sr. Civil Engineer. (1002-06 EM DOMAIN) James Markman, City Attorney, added this procedure is not to establish fair market value or compensations because staff will be continuing with negotiations regarding this matter. He added the purpose is to establish whether this property is necessary to generate the public improvement anticipated. Mayor Stout opened the meeting for public hearing. Addressing the City Council were: Vito DeVito Francesco, representing Nick DeVito, Inc., Mr. Ken McVay from Best, Best and Krieger was also with him to say a few words. Ken McVay, Best, Best and Krieger, stated he had prepared a written statement to be made a part of the record. He stated the property owner objects to the adoption of the resolution of necessity at this time. He stated the agreement pointed out by staff, which was entered into in January 1988 between the Chaffey High School District, William Lyon Company and the City, presents a problem for the entire eminent domain process. He added at no time was the property owner ever given notice of the contents of the agreement. He also commented on the appraisal process being in violation of case law and eminent domain law. He stated the case citation has been given to Mr. Markman for review. He stated all they want to be able to do is say they can negotiate a deal and know they are not going to pay for it in the end. He concluded by asking if the City does approve the Resolution, that the property owner be given at least twenty-four hours notice before the City goes to court to apply for ordering of possession. Vito DeVito Francesco stated they are not part of the Victoria Plan and want to stay out of it. He stated now a Resolution has been passed to force him to become part of it. He added there would be disturbance to a man who trains thoroughbreds in the area. He also felt the negotiations have been unfair as far as William Lyon Company is concerned. He also stated he was not in favor of the appraisal process. He did not agree with the design for traffic flow. (3.7) City Council Minutes March 4, 1992 Page 10 (i8) James Markman, City Attorney, stated there have been a number of issues raised which he would like to take a look at. He suggested the hearing be left open and continue the matter for two weeks. Mayor Stout asked about the roads and signal for the high school and wondered if this was postponed, would it be a burden on the construction of the high school. Joe O'Neil, City Engineer, stated if this was delayed for a long period of time it would affect the high school being ready on time to open in September. He stated he did not think two weeks would be a problem though. He stated they need the right-of-way by April 1. Mayor Stout pointed out that the City did not set the location of the school, that it was the school district that did this. RESOLUTION NO. 92-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Williams to continue the matter until the March 18, 1992 meeting. Motion carried unanimously, 5-0. G2. CONSIDERATION OF EMINENT DOMAIN ACTION TO ACOUIRE PUBLIC RIGHT-OF-WAY FOR LARK DRIVE FROM IT'S EXISTING EASTERLY TERMINUS TO ROCHESTER AVENUE AND THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND ROCHESTER AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-of-way for Lark Drive from its easterly terminus to Rochester Avenue and the southwest corner of Highland Avenue and Rochester Avenue at the property located at 11881 Highland Avenue (APN 227-011-09) for the construction of street improvements across the south property line of said property. Staff report presented by Mike Olivier, Sr. Civil Engineer. (1002-06 EM DOMAIN) See Item G1 for public hearing comments. RESOLUTION NO. 92-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEEDAND NECESSITY TO CONDEMN PORTIONS OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF MANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Williams to continue the matter until the March 18, 1992 meeting. Motion carried unanimously, 5-0. City Council Minutes March 4, 1992 Page 11 H. CITY MANAGER'S STAFF REPORTS No Items Submitted. , , , , , , I. COUNCIL BUSINESS I1. CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE PUBLIC SAFETY COMMISSION (Oral Report) (0701-01 APOINT PSC) Mayor Stout stated eight individuals were interviewed. Councilmember Alexander stated he and the Mayor were recommending Eric Sieber be appointed to the Public Safety Commission. MOTION: Moved by Alexander, seconded by Stout to appoint Eric Sieber to the Public Safety Commission. Motion carried unanimously, 5-0. , , , , , I2. CONSIDERATION TO ADOPT MOBILE HOME ACCORD RENEWAL CONTRACT (CO 92-014) Staff report presented by Diane O'Neal, Management Analyst II. (0602-01 CONTRACT) (0704-01 MOBILEHOME) Councilmember Wright asked if both the owners and the residents have signed the agreement. James Markman, City Attorney, stated everyone has signed except the owners of the Pines Mobile Home Park. He added that the residents of the Pines did sign the agreement. Mayor Stout opened the meeting for public comment. Addressing the City Council were: Julia Arie, 8651 Foothill, Space 171, Casa Volante, stated the residents wanted to thank the staff, City Council Subcommittee, City Attorney, etc., for working on the Accord. She told about the problems and obstacles that occurred while reaching an agreement on the Accord. She continued with background information on this matter. She stated they hoped that the Ordinance would be as stringent as the Accord. Bill Schweinfurth, Alta Laguna owner, thanked the City for working with everyone to resolve this matter. He also thanked Diane O'Neal and Linda Daniels specifically, along with James Markman and Jeff King, for all of their work on this matter. He felt the Accord is efficient and will continue to work for his park. (20) City Council Minutes March 4, 1992 Page 12 Jean Ganemian, 9999 Foothill, Space 74, Pines Mobile Home Park, stated the Pines owners have made the following suggestions: Charge 125% of the CPI. A cap of 25% for vacancy decontrol. 1-1/2 to 2% above the CPI for a two to three year period to allow for some relief of the negative impacts of the prior year's Accord. Ability to negotiate long term lease agreements with perspective new tenants. She stated the residents felt these suggestions would be a hardship on them. She asked that the City protect them. Dee Murray stated she felt there was a need for a City Ordinance to protect the people. She felt a rent ordinance would protect the people. Bill Neary, 9999 Foothill, Pines Mobile Home Park, gave the history of the park. He asked that the City Council protect them. There being no further response, public comments were closed. Councilmember Buquet stated he did not think the Ordinance for the Pines would be less stringent than the Accord. Councilmember Wright stated she did not feel the residents should have to pay for part of the capital improvements as mentioned in the Accord. She did not think a needs assessment was needed to do the study, because the need has already been established. She stated she would go along with the Accord because that is what the owners want. Councilmember Williams stated she concurred. MOTION: Moved by Buquet, seconded by Alexander to approve the execution of the Accord. Motion carried unanimously, 5-0. MOTION: Moved by Buquet, seconded by Alexander directing the City Attorney to proceed with the drafting of an Ordinance for those that have not signed the Accord in order to protect them. Motion carried unanimously, 5-0. Mayor Stout asked that the Pines owners reconsider their decision about signing the Accord. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes March 4, 1992 Page 13 K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. , , , , , L. ADJOURNMENT MOTION: Moved by Wright, seconded by Alexander to adjourn to Executive Session to discuss personnel matters and property acquisition located north of Foothill Boulevard, south of San Bernardino Road, and east of Klusman Avenue, owned by Cucamonga County Water District. Motion carried unanimously, 5-0. The meeting adjourned at 9:48 p.m. ~~ CMbm~ City Clerk Approved: April 1, 1992