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08/07/1980CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - AUGUST 7, 1980 A regular meeting of the City Council of the City of Grand Terrace was called to order at 12354 Mt. Vernon, First Baptist Church of Grand Terrace, Grand Terrace, California, at 6:05 p.m. on August 7, 1980. PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Jim Rigley, Councilman Edward Clark, Finance/Administrative Services Officer Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Lindahl, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Reverend William Hayes, Grand Terrace Assembly of God Church, followed by the Pledge of Allegiance, led by Councilman Petta. ITEMS ADDED TO AGENDA Executive Session ITEMS DELETED FROM AGENDA 5D - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PERTAINING TO ARCHITECTURAL REVIEW BY THE PLANNING COMMISSION. EXECUTIVE SESSION Council adjourned to an Executive Session at 6:08 p.m., with Finance/Administrative Services Officer Edward Clark, Attorney Jim Craig, City Attorney Ivan Hopkins, and City Engineer Joe Kicak in attendance. RECONVENE Council reconvened the regular meeting at 6:51 p.m., with all members present. Mayor Tillinghast announced the Executive Session concerned litigation and personnel, and no action was taken. Page one - 8/7/80 APPROVAL OF MINUTES - JULY 17, 1980 CC-80-270 Following correction, Motion was made by Councilman Nix, seconded by Councilman Rigley and carried unanimously to approve the Minutes of July 17, 1980 as amended. CONSENT CALENDAR The following items were removed from the Consent Calendar: 3E - Approve & authorize execution of Street Sweeping Contract by Mayor. 3F - Approve & authorize execution of Lease of property located at 22799 Barton Road for City Offices by Mayor. CC-80-271 Motion was made by Councilman Petta, seconded by Councilman Nix and carried unanimously to approve the following items on the Consent Calendar: A. Approval of Check Register No. 080780 B. Approve Job Descriptions for the following positions: (1) Community Services Director (2) Planning Director (3) Planning Secretary (4) Executive Secretary (amended) C. Authorization to advertise for bids - Phase I Construction - 5.35 acre park site. D. Approve & authorize execution of amended Signal Maintenance Agreement by Mayor. STREET SWEEPING CONTRACT CC-80-272 Following briefing by City Attorney Hopkins regarding amending the - Contract to reflect an hourly basis, rather than a curb mile basis, and discussion, Motion was made by Councilman Rigley, seconded by Councilman Petta and carried unanimously to approve the Street Sweeping Contract with Inland Power Sweeping, as amended. PROPERTY LEASE FOR CITY OFFICES - 22799 BARTON ROAD City Attorney Hopkins distributed a proposed Lease Agreement with Ernie Zampese and Bill DeBenedet for property located at 22799 Barton Road, and briefed Council regarding the lease. Page two - 8/ 7/ 80 CC-80-273 Following discussion, Motion was made by Councilman Petta, seconded by Councilman Grant and carried unanimously to defer action on this matter until such time as the Lessor and a City Council Committee comprised of Councilmen Rigley and Petta can meet and develop specifics as to the price for leasing the property at 22799 Barton Road. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Vice -Chairman Rollins reported the following: (1) Requested a policy be established for the removal of inactive members from Committees. Following discussion, Mayor Tillinghast directed Staff to meet with the Committee Chairmen regarding this matter, and present a proposed policy to Council for action; (2) Formation of a Soccer League; (3) Motocross Track; (4) 10K Run planned for October; and (5) Recom- mendation was sent to the Chamber of Commerce regarding establishing a "Miss Grand Terrace" and "Little Miss Grand Terrace" Contests. CC-80-274 Motion was made by Councilman Rigley, seconded by Councilman Nix and carried unanimously to appoint Ann Kirby as a regular member of the Parks & Recreation Committee to fill the unexpired term of Ron Poll. ENERGY COMMITTEE Finance/Administrative Services Officer, Ed Clark, recommended Council approve conducting an energy audit of buildings owned or leased by the City. The energy audit would be performed by Doug Erway and Eugene Tidwell, Certified Energy Auditors, at a cost of $.05 a square foot. CC-80-275 Following discussion, Motion was made by Councilman Rigley, seconded by Councilman Grant to approve an Energy Audit Agreement with Doug Erway and Eugene Tidwell at a rate of $.05 per square foot of building audited. Councilman Petta suggested asking Mr. Erway and Mr. Tidwell to conduct the audit for no charge to the City. Following discussion, Motion No. CC-80-275 carried unanimously. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Committee Member Ann Petta announced the next Committee Meeting will be held Monday, August 11, 1980 at 7:30 p.m. CC-80-276 Motion was made by Councilman Nix, seconded by Councilman Petta and carried unanimously to accept the resignation of Jack Wildman from the Historical & Cultural Activities Committee. WAYS & MEANS COMMITTEE Dick Allen, Secretary, reported the following: r' r Page three - 8/7/80 (1) Briefed Council regarding the Committee's method of operation; (2) Meetings will be conducted the first and third Tuesday of each month prior to the Thursday Council Meetings; (3) Presented the Committee's first formal recommendation - an all -encompassing study which would lead to a master plan for the control of water and sewage treatment. Mayor Tillinghast recommended the Committee meet with Staff to prepare a specific outline of areas to be included in the study, for presentation to Council for consideration. Mr. Allen also recommended the City send a representative to the Shareholders Meetings of Riverside Highland Water Company. RECESS Mayor Tillinghast called a Recess at 7:30 p.m. Council reconvened at 7:40 p.m., with all members present. ORDINANCE NO. 35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CONDUCTING A GARAGE SALE. Following briefing by Ed Clark, Mayor Tillinghast opened Public Hearing on the matter. There being no testimony for or against the matter, Mayor Tillinghast then closed Public Hearing. CC-80-277 Motion was made by Councilman Rigley, seconded by Councilman Petta and carried unanimously to adopt Ordinance No. 35 by title only. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 11 PROVIDING FOR PAYMENT OF CERTAIN CAPITAL IMPROVEMENT FUND FEES, DEDICATIONS OF LAND FOR PUBLIC RIGHT OF WAY, UTILITIES & PARK PURPOSES. Following briefing by City Attorney Hopkins, and discussion, Mayor Tillinghast directed Staff to proceed with revisions to the ordinance which would include residential for consideration, and would require that, as per specified guidelines, that the City Engineer's Office would be charged with determining that fees would be applicable only when a significant burden would be placed upon City services. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RELATING TO SOLAR WATER HEATING SYSTEMS FOR RESIDENCES AND SWIMMING POOLS. Ed Clark and City Attorney Hopkins briefed Council regarding this Ordinance. 0 Page four - 8/7/80 CC-80-277 Following discussion, Motion was made by Councilman Petta, seconded by Councilman Grant to allow some developers to make comments regarding 9� this Ordinance, so Council can have direction. Motion carried on AYE votes of Councilmen Grant, Petta, Nix and Rigley, with Mayor Tillinghast voting NOE. Mayor Tillinghast then opened the meeting to public participation. Mr. Dick Rollins, 22700 DeBerry, stated he understood the reason the City is getting involved in the solar program is to enable the City to be eligible for upcoming grant programs, and spoke in favor of adopting the ordinance; Larry Walker, 22711 Brentwood, spoke in favor of adopting the ordinance; Tim Weber, 12630 Eagle Court, stated if plumbing is to be addressed in the ordinance, feels the roofs should also be included; Lillian Smith, 11914 Mt. Vernon, stated she would not be in favor of enactment of this ordinance if it locks out alternative sources of energy. Mayor Tillinghast then closed the meeting to public participation. Following further discussion, Motion was made by Councilman Grant, seconded by Mayor Tillinghast to approve the first reading of the Ordinance. Motion failed on AYE votes of Councilman Grant and Mayor Tillinghast, with Councilmen Nix and Rigley voting NOE and Councilman Petta abstaining. ORDINANCE NO. (First Reading) r` AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, ' CALIFORNIA, REZONING ASSESSOR'S PARCEL NOS. 277-452-05 and 277-451-17, ZONE CHANGE E219-121 (ZC 80-03) Applicant: Frank Woelke and George Romero Proposal: Zone Change, MR-T to C-2-T on 3.03 acres Location: N & S/s Industry St., approx. 430' w/o Michigan Rep: Doug Graham Following staff presentation by Jean Laurin recommending Council adopt the Zone Change, Mayor Tillinghast opened Public Hearing on the matter. Speaking in favor of the ordinance and zone change was Doug Graham, Representative for Applicants Frank Woelke and George Romero. There being no further testimony for or against the matter, Mayor Tillinghast closed Public Hearing. CC-80-278 Motion was made by Councilman Petta, seconded by Mayor Tillinghast and carried unanimously to approve first reading of Ordinance No. for the Zone Change (ZC 80-03). ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REZONING ASSESSOR'S PARCEL NOS. 277-181-3, 277-181-08, 277-181-09, 277-181-10; ZONE CHANGE NO. E227-125 (ZC 80-02) Page five - 8/7/80 Applicant: Laguna Pacific Development Company Proposal: Zone Change from A-1-5-T to R-1 on 21.8 acres; 86 lot subdivision on 21.8 acres. 0 Location: E/s of Oriole Avenue, between Van Buren & Pico. Rep: Madole & Assoc., Inc. Jean Laurin, San Bernardino County Planning Staff, advised Council the applicant had requested a zone change to R-1-T, with the lots averaging 7200 sq. ft; however, the Planning Commission recommends Council adopt the zone change to R-1-10,000-T, with the lots to be 10,000 sq. ft. minimum. Mayor Tillinghast opened Public Hearing. Chuck Costello, Laguna Pacific Development Company, representing the owners of the property, spoke in opposition to a zone change to R-1-10,000-T, and spoke in favor of a zone change to R-1-T (7200 sq. ft.); Dennis Kidd, 22874 Pico, one of two owners of the property in question, stated their tentative proposal is for 35 homes on 10 acres, and another development in the City with similar elevation is placing 41 homes on 9.6 acres. He feels it is unfair to require their lot sizes to be 10,000 sq. ft.; Jerry Irby, 22738 Pico, owner of the property in question, stated there should be some transition in lot sizes, rather than requiring 10,000 sq. ft. lots adjacent to much smaller lot sizes, and feels the lot sizes should be compatible with those existing on the west side; Lillian Smith, 11914 Mt. Vernon, stated the Planning Commission feels there is a limited amount of hillside lots, and feels 10,000 sq. ft. lots would be in the best interest of the City; Tim Weber, 12630 Eagle Court, stated the Planning Commission has put a lot of thought into this project, and six residents had appeared before the Commission speaking against the smaller lot sizes. He feels Council should accept the Planning Commission's recommendation. Mayor Tillinghast closed Public Hearing. City Attorney Hopkins advised Council to only take action on the Ordinance as presented, for a zone change to R-1-10,000-T, since this is not an appeal hearing, or to refer the matter back to the Planning Commission. Mayor Tillinghast opened the meeting to Public Participation. Chuck Costello, Laguna Pacific Development Company, stated the lots on the lower elevations could be 7200 sq. ft., with the higher elevation lots being 10,000 sq. ft.; Jerry Irby, 22738 Pico, stated he prefers no zone change if the requirement is to be 10,000 sq. ft. lots; Mrs. Tim Weber, 12630 Eagle Court, stated Mr. Irby lives on a large lot, but is requesting smaller lots for this development. Mayor Tillinghast closed the meeting to Public Participation. CC-80-279 Following discussion, Motion was made by Councilman Petta, seconded by Councilman Rigley to refer the matter back to the Planning Commission, based on Mr. Irby's testimony, with a transmittal letter indicating the reasons. Following discussion, the Motion carried unanimously. Page six - 8/7/80 RECESS Mayor Tillinghast called a Recess at 9:35 p.m. Council reconvened at 9:40 p.m., with all members present except Councilman Petta. RESOLUTION NO. 80-32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING THE FINE FOR INFRACTION OF REGULATIONS AND ESTABLISHING A PERMIT FEE FOR ORDINANCE NO. 35 PERTAINING TO CONDUCTING A GARAGE SALE. Councilman Petta returned to the meeting at 9:42 p.m. Following Staff presentation by Ed Clark, Mayor Tillinghast opened Public Hearing. There being no testimony for or against Resolution No. 80-32, Mayor Tillinghast closed Public Hearing. CC-80-280 Following discussion, Motion was made by Councilman Rigley, seconded by Councilman Grant and carried unanimously to adopt Resolution No. 80-32, amending the permit fee to $2.00. ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PROHIBITING THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES UPON OR IN ANY CITY PARK, OR OTHER MUNICIPALLY OWNED, LEASED OR OPERATED PUBLIC PROPERTY, BUILDING OR FACILITY. Following briefing by Ed Clark, and discussion, Mayor Tillinghast opened the meeting to public participation. Dick Rollins, 22700 DeBerry, stated he had discussed this proposed ordinance with Captain Schuyler, and this ordinance will allow signs to be posted on the 5.35 acre park site, as well as the school property. Mayor Tillinghast closed the meeting to public participation. CC-80-281 Following discussion, Motion was made by Councilman Grant, seconded by Mayor Tillinghast to approve first reading of the ordinance. Following discussion, Motion was made by Councilman Rigley to amend Motion No. CC-80-281 to include the deletion of the following from Section 7B. in the ordinance: "and having an odor of alcoholic beverage on the person's breath." The Motion died for lack of a second. Mayor Tillinghast opened the meeting to public participation. Dick Rollins, 22700 DeBerry, stated Captain Schuyler had indicated the wording in Section 7B. enables his officers to arrest an individual on City property who is intoxicated. Mayor Tillinghast closed the meeting to public participation. Motion No. CC-80-281 carried unanimously. Page seven - 8/7/80 ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING PORTIONS OF ORDINANCE NO. 29 ESTABLISHING A COMPREHENSIVE PLAN FOR TREE PLANTING, MAINTENANCE, AND REMOVAL ON PUBLIC STREETS & PARKWAYS. Following staff briefing by Ed Clark, and discussion, Motion was made by Councilman Rigley to file this ordinance in "File Thirteen. Motion died for lack of a second. Motion was made by Councilman Petta to adopt the ordinance. Motion died for lack of a second. DEFERRED COMPENSATION - CETA EMPLOYEES CC-80-282 Following staff presentation by Ed Clark advising Council the City Attorney had determined the CETA employees are entitled to deferred compensation, and discussion, Motion was made by Councilman Petta, seconded by Councilman Rigley to approve payment of deferred compensation to CETA employees. Following discussion, the Motion carried unanimously. RESOLUTION NO. 80-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AUTHORIZING THE MAYOR, MAYOR PRO TEMPORE, CITY MANAGER, ADMINISTRATIVE SERVICES/FINANCE OFFICER, AND THE CITY CLERK TO SIGN WARRANTS AND CHECKS FOR THE WITHDRAWAL OF CITY FUNDS. City Attorney Hopkins presented the Resolution to Council to provide an alternative method of drawing warrants and checks, in accordance with Government Code, Section 37203. CC-80-283 Following discussion, Motion was made by Councilman Petta, seconded by Councilman Grant to adopt Resolution No. 80-33 as presented. Following discussion, Motion was made by Councilman Petta, seconded by Councilman Grant to amend Motion No. CC-80-283 to include the City Clerk being authorized to sign warrants. The Motion to amend carried unanimously, and Motion No. CC-80-283, as amended, carried unanimously. ORDINANCE NO. (First Reading) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING THE OFFICE OF DIRECTOR OF FINANCE, APPOINTING THE FINANCE OFFICER TO SAID OFFICE, AND TRANSFERRING DUTIES OF CITY CLERK TO DIRECTOR OF FINANCE. 8/ /80eight - E City Attorney Hopkins presented the Ordinance to Council, advising this is required, in accordance with Government Code, Section 37209, to transfer certain financial duties from the City Clerk to the Finance Director. He also stated, since the City has no position of Finance Director, the ordinance delineates the duties to the Finance Officer. Following discussion, the ordinance was amended by deleting the last sentence in Section 8. CC-80-284 Motion was made by Councilman Nix, seconded by Councilman Rigley and carried unanimously to approve introduction of the ordinance by title only. CITY ENGINEER REPORT City Engineer Kicak advised Council he contacted the property owners of the intersection of Barton Road and Palm Avenue with respect to dedication of land for the City, as previously directed by Council. He stated both property owners have agreed to dedicate. CITY MANAGER REPORT Finance/Administrative Services Officer, Ed Clark, reported the following: (1) Southern California Gas Company has given notice of an application being filed to increase gas rates $1.50 per month; (2) Motocross Track - Advised Council the area will need grading, for an approximate cost of $2,500.00. Mr. Ernie Zampese has agreed to donate his time to grade, and will charge the cost of the equipment only. Also, Mr. Barney Karger has stated he will donate $500.00. The area will need fencing for an approximate cost of $1,500.00. BMI will install the four -foot high fencing and grass for no labor cost; however, the City must furnish the materials. Mr. Clark recommended Council approve expenditure of approximately $2,000.00 for the grading, and approximately $1,500.00 for fencing for the Motocross Track. CC-80-285 Following discussion, Motion was made by Councilman Nix to proceed with the plan to grade and fence the -Motocross Track, but to delay action on grading until approval has been received from Southern California Edison Company for fencing. Councilman Grant seconded the Motion. Following discussion, the Motion carried unanimously. (3) Will attend the City Manager's Meeting in Inglewood on Friday, August 8, 1980. CITY COUNCIL REPORTS Councilman Grant reported items covered at the Omnitrans Meeting of August 6, including a potential strike by the drivers. In the SANBAG Meeting of August 6, Jack Allen received an award for dedicated Page nine - 8/7/80 service to SANBAG, and Councilman Grant was appointed as the SANBAG Delegate Representative to the Inland Manpower Association. Mayor Tillinghast congratulated Councilman Grant on this appointment. Councilman Rigley questioned the status of the proposed nuisance ordinance, and stated he feel one is needed. City Attorney Hopkins advised there are many legal problems with this ordinance; therefore, it hasn't been completed. Mayor Tillinghast stated a letter had been received from Congressman Brown regarding legislation to establish new divisions of the Central Judicial District of California. CC-80-286 Motion was made by Mayor Tillinghast, seconded by Councilman Grant and carried unanimously to pass a resolution of support for HR 5789 by Representative Brown, and convey the information to the appro- priate officials in Washington. CC-80-287 Motion was made by Mayor Tillinghast, seconded by Councilman Rigley and carried unanimously to send letters of support to the Senate Finance Committee supporting AB 2376, regarding the impasse resolution. Mayor Tillinghast advised he will attend the League of California Cities Annual Conference in Los Angeles, October 19-22, and recommended any other members of Council wishing to attend should send in early reservations. He also stated he will have a report prepared for the next Council Meeting regarding the Mayors & Council Members Executive Forum which he attended in Monterey July 23-25. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, stated he will get copies of pictures which were taken at the July 4 Baseball Game. ADJOURN The Regular Meeting of the City Council was adjourned at 10:45 p.m. A Public Work Session will be held at 4:00 p.m., Thursday, August 21, 1980, followed by the regular meeting at 6:00 p.m. Respectfully submitted, APPROVED: Page ten - 8/7/80