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.
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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