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.
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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
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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.
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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
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City Council Minutes
March 4, 1992
Page 4
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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.
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City Council Minutes
March 4, 1992
Page 6
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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.
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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.
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City Council Minutes
March 4, 1992
Page 10
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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.
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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.
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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.
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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.
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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