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HomeMy WebLinkAbout1992/02/05 - Minutes February 5, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. C~T,T. TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held on Wednesday, February 5, 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 7:07 p.m. by Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J. Wright (arrived 7:27 p.m.), 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; Tarry Smith, Park Planning/Development Superintendent; Brad Buller, City Planner; Richard Alcorn, Code Enforcement Supervisor; Joe O'Neil, City Engineer; Jim Harris, Associate Engineer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of 10-year Service Pin to Historic Preservation Commissioner Melicent Arner. Mayor Stout presented Historic Preservation Commissioner Melicent Arner with her 10-year service pin. B2. Mayor Stout announced that Rancho Cucamonga would be featured on Channel 9 on March 21, 8:30 a.m. on Melody Rodgers' Show which is about new communities. B3. Jack Lam, City Manager announced that Item D9 has a substitute Resolution because the one in the packet was missing words. B4. Jack Lam, City Manager, announced that the title of Ordinance No. 483 listed under Consent Ordinances is incorrect, that the correct title has been distributed to the Council. City Council Minutes February 5, 1992 Page 2 C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. , , , , , D. CONSENT CALENDAR D1. Approval of Minutes: December 18, 1991 January 2, 1992 (Willjams, Wright absent ) January 15, 1992 D2. Approval of Warrants, Register Nos. 1/15/92 and 1/22/92; and Payroll ending 1/2/92 and 1/16/92 for the total amount of $2,241,429.64. D3. Alcoholic Beverage Application for Off Sale Beer & Wine for The New Mexico Connection, Arlyn C. Zipp, 11530 Sixth Street, Spot E-1. D4. Alcoholic Beverage Application for 21" Off-Sale General for The Price Club, The Price Company (P-12}, South Side of Foothill Boulevard and Etiwanda Avenue. (]) D5. Approval of the Basketball Hardcourt Retrofit Project and the authorization to advertise the "Notice Inviting Bids" and to appropriate the necessary funds for Account Numbers 31-3901-585/Revenue and 31-4532-8810/Expenditure. (0601-01 BID) RESOLUTION NO. 92-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASKETBALL HARDCOURT RETROFIT PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE AND RECEIVE BIDS D6. Approval to extend Comcast Cable T.V. franchise. (1205-01 CATV) RESOLUTION NO. 91-012G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA (3) D7. Approval of appropriation from the Self-Insurance reserve. (0401-15 INSURANCE ) (4) D8. Approval of the City's portion for Professional Services for the Fines and Forfeitures Lawsuit in the amount of $2,037.00, to be funded from Account No. 01- 4285-6028. (0703-01 LITIGATION) City Council Minutes February 5, 1992 Page 3 D9. Approval of County of San Bernardino, Department of Environmental Health (5) Services, Local Enforcement Agency (LEA) redesignation for the enforcement of state and local minimum standards for solid waste operations. (1170-09 WASTE SOL) RESOLUTION NO. 92-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REDESIGNATING THE SAN BERNARDINO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY D10. Approval of Time Extension for designation of a portion of Cottonwood Way (6) as a private street and exempting the abutting properties from requirements set forth in Chapter 12.08 of the Municipal Code subject to certain specific conditions. (1110-00 STREET) RESOLUTION NO. 92-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION FOR THE DESIGNATION OF A PORTION OF COTTONWOOD WAY AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS Dll. Approval to execute a Subordination Agreement for William R. and Dona C. (7) Barnes, for their property, located at 12715 Summit Avenue, west of Etiwanda Avenue. (0602-01 AGREE SUB) RESOLUTION NO. 92-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM WILLIAM R. AND DONA C. BARNES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME D12. Approval to execute Improvement Agreement Extension for Tract 12332-2, (8) located on the southeast corner of Haven Avenue and Tackstem Place, submitted by M.J. Brock. (0602-01 AGREE EXTN) RESOLUTION NO. 92-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12332-2 D13. Approval to execute Improvement Agreement Extension for Tract 13063, (9) located on the east side of East Avenue between Highland Avenue and Victoria Street, submitted by Citation Builders. (0602-01 AGREE EXTN) City Council Minutes February 5, 1992 Page 4 RESOLUTION NO. 92-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13063 (10) D14. Approval to execute Improvement Agreement Extension for Tract 13281 Landscape, located on the northwest corner of Base Line Road and Rochester Avenue, submitted by the William Lyon Company. (0602-01 AGREE EXTN) RESOLUTION NO. 92-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 LANDSCAPE (11) D15. Approval to execute Improvement Agreement Extension for Tract 13565-5 thru -10, located on the northeast corner of Summit Avenue and Wardman Bullock Road, submitted by Standard Pacific. (0602-01 AGREE EXTN) RESOLUTION NO. 92-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13565-5 THRU -10 (12) D16. Approval to execute Improvement Agreement Extension for Tract 13664, located on the east side of Haven Avenue north of Church Street, submitted by Lewis Homes. (0602-01 AGREE EXTN) RESOLUTION NO. 92-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13664 (13) D17. Approval to execute Improvement Agreement Extension for Tract 13851, located on the northeast corner of Wilson Avenue and Canistel Avenue, submitted by Pacific International Development. (0602-01 AGREE EXTN) RESOLUTION NO. 92-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 (14) D18. Approval to execute Improvement Agreement Extension for Tract 14121, located on the southwest corner of Highland Avenue and Milliken Avenue, submitted by J.P. Rhoades Development. (0602-01 AGREE EXTN) City Council Minutes February 5, 1992 Page 5 RESOLUTION NO. 92-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14121 D19. Approval to execute Improvement Agreement Extension for DR 89-21, located (15) on the northeast corner of Spruce Avenue and White Oak Avenue, submitted by Great Western Hotels, Incorporated. (0602-01 AGREE EXTN) RESOLUTION NO. 92-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 89-21 D20. Approval to accept Improvements, Release of Bonds and Notice of Completion (i6) for Tract 13565 - 24th Street Improvements, located on 24th Street between Wardman Bullock Road and San Sevaine Avenue. (0602-02 BOND REL) (0704-18 NOT COMPLT) Release: Faithful Performance Bond (Street) $738,000.00 Accept: Maintenance Guarantee Bond (Street) $ 73,800.00 RESOLUTION NO. 92-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13565 - 24TH STREET AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D21. Approval to accept Improvements, Release of Bonds and Notice of Completion (17) for Parcel Map 9897, located on the southeast corner of Church Street and Terra Vista Parkway. (0602-01 BOND REL) (0704-18 NOT COMPLT) Release Faithful Performance Bonds: Elm Avenue $ 90,000.00 Town Center $274,000.00 Terra Vista Parkway $103,000.00 Storm Drain $157,110.00 Church Street $407,600.00 Accept Maintenance Guarantee Bonds: Elm Avenue $ 9,000.00 Town Center $ 27,400.00 Terra Visa Parkway $ 10,300.00 Storm Drain $ 15,711.00 Church Street $ 40,760.00 City Council Minutes February 5, 1992 Page 6 RESOLUTION NO. 92-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9897 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (18) D22. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel Map 11030 - Traffic Signals, located on Haven Avenue and Town Center Drive and Spruce Avenue and Town Center Drive. (0602-01 BOND REL) (0704-18 NOT COMPLT ) Release Faithful Performance Bonds (Signals): Haven & Town Center $ 93,500.00 Spruce & Town Center $ 82,500.00 RESOLUTION NO. 92-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11030 - TRAFFIC SIGNALS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK (19) D23. Approval to release Maintenance Guarantee Bond for Tract 13823, located on the south side of Lemon Avenue between Barsac Place and Semillon Place. (0602-01 BOND REL ) Release: Maintenance Guarantee Bond (Street) $ 6,300.00 (20) D24. Approval to accept the Corporate Yard Improvement Project, located at 9153 Ninth Street, Contract CO 88-172, as complete and authorize the City Engineer to file a "Notice of Completion." (0704-19 NOT COMPLT) RESOLUTION NO. 92-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE CORPORATE YARD IMPROVEMENT PROJECT, CONTRACT CO 88-172, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Alexander, seconded by Buquet to approve the Consent Calendar as corrected (change to Resolution No. 92-020). Motion carried unanimously, 4-0- 1 (Wright absent). E. CONSENT ORDINANCES ( 21 ) El. REVIEW OF CURRENT CITY REGULATIONS AFFECTING STORAGE AND PARKING OF RECREATIONAL VEHICLES ON PRIVATE RESIDENTIAL PROPERTIES (1401-01 RECREATION) City Council Minutes February 5, 1992 Page 7 Debra J. Adams, City Clerk, read the title of Ordinance No. 483. ORDINANCE NO. 483 (second reading) AN ORD I NANCE OF THE C I TY COUNC I L OF THE C I TY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING SECTION 17 . 08. 070-F TO THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE REGULATION OF RECREATIONAL VEHICLE PARKING AND STORAGE WITHIN RESIDENTIAL DISTRICTS MOTION: Moved by Williams, seconded by Buquet to waive full reading and approve Ordinance No. 483. Motion carried unanimously, 4-0-1 (Wright absent). F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN (22) AMENDMENT 91-01 - CITY OF RANCHO CUCAMONGA - A request to amend the Street System Map of the Etiwanda Specific Plan to change the portion of Miller Avenue between Etiwanda Avenue an East Avenue from a Collector to a Secondary Arterial. The Planning Commission recommends issuance of a Negative Declaration. Staff report presented by Jim Harris, Associate Engineer. (0203-05 ETIW SP) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 484. ORDINANCE NO. 484 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 90-01, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET SYSTEM MAP TO CHANGE THE PORTION OF MILLER AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE FROM A COLLECTOR TO A SECONDARY ARTERIAL AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Alexander to waive full reading of Ordinance No. 484. Motion carried unanimously, 4-0-1 (Wright absent). MOTION: Moved by Buquet, seconded by Alexander to set second reading of Ordinance No. 484 for February 19, 1992. Motion carried unanimously, 4-0-1 (Wright absent). F2. CONSIDERATION TO VACATE AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR (23) TO SIERRA MADRE AVENUES Staff report presented by Duane Baker, Assistant to the City Manager. (1110-18 VACATE ACC) City Council Minutes February 5, 1992 Page 8 Mayor Stout opened the meeting for public hearing. Addressing the City Council Mark Hernandez, 8251-1/2 9th Street, objected to the alley being closed because he uses it to get access to his house. Aubrey Campbell, lives on south side of the alley, stated Mr. Hernandez' aunt is in favor of closing the alley. There being no further response, the public hearing was closed. Mayor Stout presented background information on this matter and how it happened to come before the City Council. He stated he supported the Resolution because of the public safety issue involved. He felt this would help to make this area safer. RESOLUTION NO. 92-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MADRE AVENUES MOTION: Moved by Buquet, seconded by Alexander to approve Resolution No. 92-035. Motion carried unanimously, 4-0-1 (Wright absent). Councilmember Wright arrived at 7:27 p.m. G. P~BtIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS (24) H1. CONSIDERATION OF A PRE-APPLICATIONREVIEW PROCESS - A request of the joint City Council/Planning Commission Subcommittee to approve a Pre-Application Review process. Staff report presented by Brad Buller, City Planner. (1002-08 DEVREV) Councilmember Buquet felt it was an improvement over what the City had before now, MOTION: Moved by Alexander, seconded by Wright to approve the Pre-Application Review Process. Motion carried unanimously, 5-0. City Council Minutes February 5, 1992 Page 9 H2. CONSIDERATION OF FAITHFUL PERFORMANCE BOND REDUCTION FOR TRACT 12462, LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE, SUBMITTED BY FIRST FAMILY HOMES Staff report presented by Joe O'Neil, City Engineer. (0602-10 BOND REL) MOTION: Moved by Stout, seconded by Alexander to approve staff's recommendation and that First Family Homes matters hereafter be placed on the Consent Calendar for the future when applicable. Motion carried unanimously, 4-1 (Buquet no). H3. DISCUSSION OF MOBILE HOME ACCORD RENEWAL Staff report presented by James (26) Markman, City Attorney, who stated this whole process is to provide protection for people who live in mobile home parks. He stated the Accord came about in 1983. He stated staff has been working 7ith the owners and the residents to reach an agreement for several months now. He felt an Accord could provide more protection than an Ordinance because of current case law. Mr. Markman stated there are four issues being dealt with: (0704-01 MOBILHOME) 1. Amount of cost of living index to be passed through 2. Capital pass-throughs for the mobile home parks 3. Rent equalization 4. Voluntary vacancy decontrol He stated he felt an Accord would best protect the residents. James Markman, City Attorney, stated there were alternatives to be considered in resolving this, but that if it cannot be resolved, and the Council does want to afford the protection, the way to do this would be to set up a rent control system for mobile home parks within the City of Rancho Cucamonga. He stated it would take a study in order to set this up to get the facts about an ordinance. · Jack Lam, City Manager, stated the Accord is effective until tonight and that staff needs direction from the City Council on what to do next on this matter. Mayor Stout opened the meeting for public comment. Addressing the City Council were: Harry Pate, Alta Laguna Mobile Home Park, stated they have been working with the park owners and City staff on renewing the Accord. He stated if they can't get the Accord renewed, then they would want an Ordinance. He continued by telling about the negotiating process they have gone through with the owners. He stated they felt the park owners are being unreasonable and that they can raise the rents to any amount they want to. He presented the City Attorney, James Markman, with an Ordinance which was from the City of San Bernardino. Mayor Stout asked that the Ordinance be marked as Exhibit "1". City Council Minutes February 5, 1992 Page 10 Joe Hussa, Casa Volante Mobile Home Park, felt the CPI should be changed to a rate of 75% of the CPI. He felt increases should not be more than 9%. He continued to tell about previous rent increases per the CPI and the hardship it has on the mobile home residents. Martin Enriquez, Sycamore Mobile Home Park, talked about the pass-throughs for the mobile home parks, and felt the owners should set aside money to be able to do the improvement items. He felt the owners wanted a 1-1/2% gift which they would not have to show any accountability for. He stated he felt the south side of the wall around his mobile home park needs to be repaired or replaced. Jack Pfifer, Alta Vista Mobile Home Park, spoke on reserves and felt capital improvements should be done from profits from the reserves. Jean Ganemian, Pines Mobile Home Park, talked about rent increases and an equalization plan. She stated she did not agree with the City and the owners' plan for equalization. She stated the residents want affordable housing. Bill Neary, Pines Mobile Home Park, talked about affordable housing needs. He presented statistics on the type of people that live in mobile home parks. He stated they would like an extension of the Accord or a rent stabilization Ordinance. Roland Brindamour, Chaparral Mobile Home Park, spoke on City finances. He stated he felt it hard to understand how the City can spend money on the many projects in the City and not on the mobile home residents. He asked for the City Council to consider their needs. Howard Chapman, Chaparral Mobile Home Park, stated the City Council has a decision to make with various options to choose from. He felt the City Council should renew the Accord with the acceptance of the residents and owners or enact an Ordinance. Jack Williams, Ramona Villa Mobile Home Park, stated the owners have stated they get 30% profit from the rents collected. He stated many people cannot pay for any rent increases. He did not feel the park owners would lose. He stated the residents felt pressured from the City and the owners. He stated there are two major issues still to be worked out between the owners and the residents: 1. CPI amount 2. Rent equalization increase He continued to talk abut the negotiations and the compromises they came to with the owners. He felt the City Council should support the Accord. Dee Murray asked for the City Council to help the mobile home residents. City Council Minutes February 5, 1992 Page 11 Valerie Craiger, Alta Vista Mobile Home Park, stated the mobile home residents cannot afford a rent increase. Marilyn Filmore, Pines Mobile Home Park, commented on the amount she has spent on her home. Beverly Mahulla, Finance Manager of Mobile Home Industry, commented on repossessed mobile homes and mobile home sales. Roxanne Hernandez felt rent control was important in order for the residents to have a chance to stay in the City so that their children can continue going to school in Rancho Cucamonga. Bill Schweinfurth, Director Operations, Alta Laguna Mobile Home Park, felt staff and the City Attorney's office have made a great effort in trying to resolve this. He stated they have made many proposals to resolve the problems. He stated they have never received a proposal from the City of Rancho Cucamonga. He stated Alta Laguna owners would accept the Accord and the sharing of improvement costs. He continued to state that with the last proposal presented, they would accept everything except going lower than 100% of the CPI. He stated they would like to have another Accord. He continued to state that even without the Accord they would continue to be reasonable with the residents of Alta Laguna. Howard Summerland, Chaparral Mobile Home Park Management, stated they have not threatened the City with a lawsuit. He stated they do want to get this resolved. He stated with the recent fax he received, he would accept it with the exception of the 80% CPI figure. John Davis, Director of Operations Sycamore Villa Mobile Home Park, stated they do not have a reserve to do capital improvements. He stated they would agree with staff's proposal dated 1-30-92 except for the CPI figure. Jim Mahachek, Attorney for Pines Mobile Home Park, stated he was not here to threaten the City with a lawsuit, but told of the rights of the owners. He felt the Accord was better than a rent control law. He stated they would not accept staff's proposal of 1-30-92 as a package, but would accept some of the things contained in it. Brad Downey, Casa Volante, spoke on vacancy decontrol and named all the jurisdictions that have this. Jack Williams, Ramona Villa Mobile Home Park, made comments as to some of the owners, comments. Bill Schweinfurth, Director Operations, Alta Laguna Mobile Home Park, felt everyone should let staff know if they would accept the 1-30-92 proposal or not, and that this should be done on paper. Jean Ganemian, Pines Mobile Home Park, asked if the City Council has seen the packet submitted to the City Council on 1-28-92. City Council Minutes February 5, 1992 Page 12 Linda Daniels, Deputy City Manager, stated the information was presented to the City Council in matrix form. There being no further response, the public hearing was closed. Councilmember Alexander stated it appears to him that the owners and the residents are still willing to work on the differences. He stated the fact of threatened litigation does not worry him, but the fact that it might do more harm than good to the situation does bother him. He stated he would like to see an extension of the Accord so negotiations can go forth. Councilmember Wright stated if the Accord is not signed, the residents would not be protected. She felt there was an indication that both sides are willing to continue negotiations. She stated she is hesitant to leave the residents unprotected. She felt if negotiations are going on that a moratorium be declared on an emergency basis that would protect the residents until negotiations are completed. She felt this would give both parties the opportunity to negotiate, but for the City Attorney to draft some kind of an Ordinance so that if a conclusion cannot be reached, it could come back to the Council to do whatever needs to be done. Councilmember Buquet stated he felt that a compromise could be reached if both groups work on the issues. He felt the residents would benefit more from an Accord. Councilmember Williams stated she agreed with Councilmember Buquet and stated if something could not be worked out after an extension that the City Council step in and take an emergency action. Councilmember Alexander stated if both parties are willing to work further on this, he would be there to help out. Mayor Stout stated he did not think the residents could go unprotected. He felt everyone needed to get together and work on this, but felt that they would all not come away totally happy. He stated he would support an Ordinance, but did not feel that would really help the residents. He felt negotiations should continue. Councilmember Buquet agreed that everyone needs to get together, face to face, and work the issues through. James Markman, City Attorney, suggested that the Council authorize the Mayor to execute an extension of the Accord up to 90 days, staff to continue negotiations with the residents and owners, and for the City Manager to prepare an RFP to perform a necessary study that would support the enactment of an Ordinance should negotiations fail. MOTION: Moved by Buquet, seconded by Alexander to accept the City Attorney's recommendation. Motion carried 4-1 (Wright no). City Council Minutes February 5, 1992 Page 13 Councilmember Wright stated she was voting no because she still did not believe that the residents were left protected from at least intimidation because there is no moratorium, Accord signed, just direction to try to get one, and she also wasn't sure that a study was what needs to be done to prove the need because she felt the need had already been proved. Mayor Stout stated he felt the study was needed so that if there was an ordinance, it would be one that would stand up in a court of law. Councilmember Buquet felt everything should be done correctly regarding this. James Markman, City Attorney, stated Jeff King never intended to make the statement that the City Attorney' s office is intimidated by presenting an ordinance, if in fact the facts support it. He stated the City Attorney's office would present an Ordinance to the City Council and would be happy to do so in order to take the law as far as it can to protect the residents in their opinion. A recess was taken at 9:55 p.m. The meeting was called back to order at 10:13 p.m. I. COUNCIL BUSINESS No items submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Willjams asked that the Mayor's term come back to the Council for discussion as to whether it should be on the ballot to make it a four year term. , , , , , , K. COMMUNICATIONS FROM THE PUBLIC K1. REQUEST FROM PRIMO MORALES, RANCHO LITTLE LEAGUE, FOR WAIVER OF CITY (27) REQUIREMENTS FOR OUTDOOR STORAGE Staff report presented by Rick Gomez, Community Development Director. (1401-03 SPORT ACT) Primo Morales asked the City Council to allow them to place the cargo containers on the land owned by the Water District. Mayor Stout asked Mr. Morales what his long range plan was for the containers. Mr. Morales stated he has a contract with the Water District for five years which is renewable once a year. City Council Minutes February 5, 1992 Page 14 Discussion took place as to the planting of trees being a requirement in order to hide the storage bins. Councilmember Buquet felt this might be a problem for vandalism because of similar situations he has seen in other cities. Councilmember Buquet felt he should talk to the school about a location for the bins. Staff stated they have not yet talked to the school. Rick Gomez, Community Development Director, stated he would work with Mr. Morales and the School District to work out a location for the bins. Mayor Stout suggested they start with the CUP process now so that Mr. Morales is not held up any longer than necessary. ACTION: Staff to work with Mr. Morales and the School District in order to place the containers on the school site, but to also go ahead with the CUP process. L. ADJOURNMENT Councilmember Alexander stated due to the death of Mr. Joe DiIorio, he would like to request that the Council adjourn in his memory. MOTION: Moved by Buquet, seconded by Wright to adjourn in the memory of Mr. Joe DiIorio. Motion carried unanimously, 5-0. The meeting adjourned at 10:44 p.m. Respect fu 1 ly submitted, City Clerk Approved: March 4, 1992