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11/06/1980CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - NOVEMBER 6, 1980 The 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 6:10 p.m. on November 6, 1980. PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Jim Rigley, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Brian Esgate, representing City Engineer Joe Kicak Myrna Lindahl, City Clerk ABSENT: None The meeting was opened with invocation by Reverend Lucielle Hays, Grand Terrace Assembly of God Church, followed by the Pledge of Allegiance led by Bob Yeates. ITEMS ADDED TO AGENDA 4B(2) - Supplemental report for Parks & Recreation Committee 4E(1) - Supplemental report for Volunteer Services Committee 9 - Executive Session APPROVAL OF MINUTES - (10-16-80 (10-23-80) CC-80-365 Motion was made by Councilman Rigley, seconded by Councilman Petta and carried unanimously to approve the Minutes of October 16, 1980 as presented. CC-80-366 Motion was made by Councilman Grant, seconded by Mayor Tillinghast and carried unanimously to approve the Minutes of October 23, 1980 as presented. CONSENT CALENDAR The following items were removed from the Consent Calendar: (A) - Check Register; (B) - Amended Animal Control Contract; and (D) - Change Order #1 to Grading Contract with Socal West. Page one - 11/6/80 CC-80-367 Motion was made by Councilman Grant, seconded by Councilman Nix and carried unanimously to approve the following items on the Consent Calendar: C. Amendment to Omnitrans Joint Powers Agreement. E. Hiring of CETA Clerk Typist. CHECK REGISTER NO. 110680 Staff was questioned on the purpose of a conference in Palm Desert, and was directed to submit an updated FY 1980-81 budget to Council. CC-80-368 Motion was made by Councilman Grant, seconded by Councilman Petta and carried unanimously to approve Check Register No. 110680. ANIMAL CONTROL CONTRACT CC-80-369 Following clarification as to the contract not being submitted at the beginning of the fiscal year, Motion was made by Councilman Rigley, seconded by Councilman Petta and carried unanimously to approve the Amended Contract with San Bernardino County for Animal Control Services. CHANGE ORDER #1 - GRADING CONTRACT (GTC 80-21) Council expressed concern at a Change Order of this amount ($9,000.00) not being included in the original contract. CC-80-370 Motion was made by Councilman Grant, seconded by Councilman Rigley and carried unanimously to approve Change Order #1 to Grading Contract No. GTC 80-21. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Geoff Dooley reported the Opening Ceremonies November 8; (2) of Nina Devor as alternate member; following: (1) Soccer League Requested approval of appointment CC-80-371 Motion was made by Councilman Nix, seconded by Councilman Petta and carried unanimously to approve the appointment of Nina Devor as an alternate to the Parks & Recreation Committee. (3) Gymnastics Class cancelled, due to School Board ruling to charge $15.00 per session, since an enrollment fee was to be charged. A legal ruling is pending from the School District's legal counsel. Councilman Nix has met with School District officials on this matter, and recommended policy be established to request use of school facilities by Staff or Committee Chairmen, and establishment of a fee schedule. Councilman Grant addressed the matter, objecting to the School District's position, citing this seems to be a pattern, with the ultimate losers being the youth; (4) Temporary fencing was requested during establishment of the Terrace Hills Community Park. Page two - 11/6/80 Permanent fencing was discussed. Crime Prevention Chairperson Judy Rinderhagen recommended placement of a sign indicating the park is being established, and voiced objection to permanent fencing. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Chairperson Barbara Mathews reported only four members are presently participating actively, and recommended requesting resignation of Ed Courtney, based on non-attendance. CC-80-372 Motion was made by Councilman Nix, seconded by Councilman Petta and carried unanimously to declare Mr. Courtney's position vacant. Staff was directed to advertise the vacancy. VOLUNTEER SERVICES COMMITTEE Chairman Bob Yeates reported the following: (1) Will request time at the next meeting to present awards to individuals participating in recent litter cleanup; (2) Lillian Lopez resignation; (3) Preparation of Christmas Program; (4) Recommended individuals who remove illegal signs also remove from the site. Councilman Grant commended Barbara Pfennighausen, Bob Yeates, Ken Rinderhagen and the scouts for cleaning the City streets of litter. He also addressed the continuing problem of the sidewalks at the shopping center not being kept clean, and recommended the City Manager and City Attorney coordinate with the County Health Department to investigate the feasibility of initiating legal action to resolve the problem. CRIME PREVENTION COMMITTEE Chairperson Judy Rinderhagen reported the following: (1) "Lady Beware" Program attended by 55 individuals; (2) Neighborhood Watch Program progressing slowly; (3) "We Tip" Posters will be posted; (4) Report being prepared on Crime and Vandalism Seminar attended. ZONE CHANGE NO. ZC 80-4 Location: Ext. between Mt. Vernon Avenue & Gage Canal, approx. 410' south of Grand Avenue Applicant: Verda M. Price (aka; Hixson) Planning Staff, Jean Laurin, stated this change had been approved by the Planning Commission, and recommended adopting the Ordinance approving a zone change from R-R-T to 3500-R-3-T for this parcel. Mayor Tillinghast opened Public Hearing. r Supporting Testimony Lillian Smith, 11941 Mt. Vernon, and Verda Hixson, 555 Country Club Road, San Bernardino, addressed Council in favor of the zone change. Page three - 11/6/80 There being no opposing testimony, Mayor Tillinghast closed Public Hearing. ORDINANCE NO. 41 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, APPROVING ZONE CHANGE FROM R-R-T TO 3500-R-3-T ON 6.32 ACRES ON LOCATION EXTENDING BETWEEN MT. VERNON AVENUE & GAGE CANAL, APPROXI- MATELY 410 FEET SOUTH OF GRAND AVENUE, ZONE CHANGE E223-117 (ZC 80-4). CC-80-373 Motion was made by Councilman Nix, seconded by Mayor Tillinghast and carried unanimously to adopt Ordinance No. 41 by title only. GENERAL PLAN AMENDMENT (GPA/80-1020/E221-119) Location: Generally between Michigan & Vista Grande Avenue, north and south sides of Barton Road. Applicant: City of Grand Terrace Councilman Petta disqualified himself from discussion on this matter, due to a conflict of interest. Planning Staff, Jean Laurin, stated this area consists of two areas the freeway study area, and the Barton Road study area, and the two Dodson parcels have been eliminated from the proposed change. She recommended adopting the General Plan Amendment Resolution, adopting the Negative Declaration and instructing the City Clerk to file a Notice of Determination. Mayor Tillinghast opened Public Hearing. There being no supporting or opposing testimony, Mayor Tillinghast closed Public Hearing. RESOLUTION NO. 80-41 (Second Reading) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, REGARDING THE SECOND CYCLE 1980 GENERAL PLAN AMENDMENTS. CC-80-374 Motion was made by Councilman Nix, seconded by Mayor Tillinghast to adopt Resolution No. 80-41 by title only. Motion carried by all present, except Councilman Petta, who abstained due to conflict of interest. STREET VACATION - RESOLUTION NO. 80-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, FINDING THAT PORTIONS OF A CERTAIN STREET ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE VACATION OF SAID PORTIONS. Engineering Staff, Brian Esgate, stated this is an unused street surrounding the old Vivienda Canal, which was dedicated as part of Tentative Maps 9772 and 9773. Vacation is required to straighten the boundary of Tract 9625. Page four - 11/6/80 Mayor Tillinghast opened Public Hearing. There being no supporting or opposing testimony, Mayor Tillinghast closed Public Hearing. CC-80-375 Motion was made by Councilman Rigley, seconded by Councilman Nix and carried unanimously to adopt Resolution No. 80-42 as presented. ZONE CHANGE NO. 80-5 (Applicant: City of Grand Terrace) ORDINANCE NO. (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, APPROVING ZONE CHANGE FROM AP, C-1-T, C-2-T, R-2-T, and R-3-T to AP-T, C-2-T, and R-3-T on 300+ ACRES ON LOCATION GENERALLY BETWEEN MICHIGAN STREET & VISTA GRANDE AVENUE & BOTH SIDES BARTON ROAD, ZONE CHANGE E221-119. (ZC 80-5) Councilman Petta disqualified himself from discussion on this matter, due to a conflict of interest. Planning Staff, Jean Laurin, outlined the new designations; stated the two parcels would remain R-1 Residential, as requested; and recommended approval of the proposed zone change. Mayor Tillinghast opened Public Hearing. There was no supporting testimony. Opposing Testimony Ken Rinderhagen, 12738 Wilmac, stated the C-2-T Section, AP-T and southeastern corner of Michigan & Barton Road appears to be incon- sistent with the General Plan Map. Jean Laurin confirmed this, stating it should be designated as General Commercial, and will be properly shown on the official maps. Mr. Rinderhagen also voiced opposition to the notification procedures and questioned whether the affected residents are aware of the proposed zone change. Mayor Tillinghast closed Public Hearing. Jean Laurin stated the proposed zone change had been advertised, pursuant to legal requirements, as a quarter -page ad in the regular portion of the Sun -Telegram, including a map, and also stated nine public hearings have been held on this matter. Council discussed the possibility of re -advertising, and what impact would be involved if this matter were delayed. Mayor Tillinghast then re -opened Public Hearing on the matter. Planning Commissioner Lillian Smith stated she had covered the area affected by the zone change when the matter was under consideration by the Planning Commission, and was satisfied that the affected residents were aware and in favor of the matter. Page five - 11/6/80 Bob Carey, 12688 Vista Drive, Colton, questioned if notices had been posted throughout the affected area. Planning Commissioner John McDowell stated this matter had been under consideration for seven months, and is also satisfied the affected residents have been sufficiently notified and are well aware of the proposed change. Bob Yeates, 12888 Fremontia, recommended sending letters to the affected residents. Barbara Pfennighausen, 12364 Pascal, recommended advertising in all three local newspapers. Mayor Tillinghast closed Public Hearing. Jean Laurin stated if all property owners are to be notified, the legal requirement would involve notification to all property owners within 1300 feet of the affected area, which would involve notifying residents not only in Grand Terrace, but also portions of Riverside and Colton. The legal requirements specify a quarter -page ad may be used to advertise zone changes involving regional impact. Mayor Tillinghast stated that, because of the testimony indicating the number of times this matter has been up for public hearing, the requirements which would be involved if individual notices were to be mailed, especially when it would not only involve notifying every resident within the City of Grand Terrace, but also those physically adjacent in the adjoining cities and unincorporated areas, and that, even though it may not be the most satisfactory way, the legal and practical requirements have been met, will make the following Motion: CC-80-376 Mayor Tillinghast moved introduction of the Ordinance, with the understanding that a change will be made in Exhibit "A" of the Resolution passed on the General Plan Amendment reflecting that the official map "A" indicates the southeast corner of Michigan and Barton Road to be General Commercial designation. Councilman Nix seconded the Motion. In discussion, City Attorney Hopkins advised Council cannot legally select certain individuals to receive notices. Therefore, if any notices are mailed, it would involve all affected residents, as well as those within 1300 feet of the affected area. Council also noted another Public Hearing will be held on this matter on November 20, and directed Staff to advertise that hearing with a quarter -page ad in the Sun -Telegram, the Colton Courier and the Riverside Press - Enterprise. Motion No. CC-80-376 carried unanimously, by all present, except Councilman Petta, who abstained due to conflict of interest. Page six - 11/6/80 RECESS Council recessed at 7:59 p.m., and reconvened at 8:12 p.m., with all members present. I ZONE CHANGE PROPOSAL - "T" STANDARD #368 Planning Staff, Jean Laurin, on behalf of the Planning Commission, requested authorization to file a zone change application to update the "T" Standard. The Planning Commission has reviewed the zoning "T" Standards which modify the zoning designations for large portions of the City, and has found most of them, particularly #368, to be out of date. Ms. Laurin also requested Council direction for the advertising procedures to be used. CC-80-377 Motion was made by Mayor Tillinghast, seconded by Councilman Nix and carried unanimously to authorize Planning Staff to file a zone change application for updating the City's "T" Standard #368. With the concurrence of Council, Mayor Tillinghast directed Planning Staff to advertise this matter with a quarter -page ad in the three newspapers of general circulation. STREET SWEEPING City Manager Seth Armstead stated seven alternatives had been presented to Council in a Staff Report, and requested direction from Council. Points raised in Council discussion were the unsatisfactory quality of the present sweeping, providing better notification to the residents, the termination procedures provided in the present contract, and a recommendation by Councilman Nix to divide the City into five areas, and sweep the streets of the City in five days every two months, with payment to be set at a lump sum. Mayor Tillinghast opened the meeting to public participation. Bob Carey, 12688 Vista Drive, Colton, a contract street sweeper, addressed Council, with recommendations on scheduling and stating cities for which he does street sweeping. Bob Yeates, 12888 Fremontia, Barbara Pfennighausen, 12364 Pascal, Dick Rollins, 22700 DeBerry, and John McDowell, 22690 Cardinal, addressed Council regarding garbage collection, all streets not presently being swept, and cars remaining parked. Mayor Tillinghast closed the meeting to public participation. Mayor Tillinghast stated since legal clarification is required, directed Staff to review the existing contract and advise Council of the options available at the next meeting. WOODRUN SUBDIVISION DIRECTIONAL SIGNS City Manager Seth Armstead advised Council the City's present sign contractor, BIA, has requested the removal of the Woodrun Subdivision Signs in order to maintain consistency throughout the City. He Page seven - 11/6/80 stated Council had approved the Woodrun Signs remaining posted until expiration of the sign permit; however, due to an oversight, no expiration date was stated on the permit. Points raised in discussion were the legal implications, installation of the signs prior to permit issuance, and the size of the signs being in violation of the sign ordinance. Councilmen Rigley and Petta noted Council approval had been given for the signs to remain until the houses within the tract had been sold. City Attorney Hopkins advised a reasonable time period could be established, by giving the developer reasonable notification and the opportunity to appear before Council. Mayor Tillinghast directed Staff to contact Mr. Palmer, the developer, indicating disposition of the signs relative to the length of time appropriate to remain is in question, and inviting him to appear before Council on the matter. CAPITAL IMPROVEMENT FUND - AMENDMENT OF ORDINANCE NO. 11 Mayor Tillinghast stated discussion of this matter during the workshop session seemed to indicate that the issues previously raised could be resolved by inserting wording giving professional staff the discretion to waive fees in cases where no substantial impact is made upon the areas covered by those fees, with the provision that disagreements could be appealed to the City Council. Councilman Petta questioned the requirement for a title report and certificate of survey for alterations, and the advisability of giving the discretionary power to staff. City Attorney Hopkins concurred that giving professional staff discretionary power seems to be the best way to resolve the issues, stating even a very detailed ordinance could not address all matters. He recommended being allowed time to study the entire concept of the ordinance in relation to the recommendations. This matter was referred back to Staff for further study prior to further Council action. CITY ENGINEER REPORT Barton Road Landscaping Plan - Engineering Staff, Brian Esgate, stated City Engineer Kicak had briefed Council on this matter during the workshop session. Further discussion was held, with recommendations to plant 15-gallon size trees, meandering sidewalks, landscaping the north portion of Barton Road between Mt. Vernon and Arliss, and the use of a trickle irrigation system. The matter was then referred back to Staff for further study. Discussion on the channel easterly from Michigan at 12587 Michigan was deferred, pending Executive Session. Page eight - 11/6/80 CITY MANAGER REPORT City Manager Seth Armstead reported the preliminary population count from the 1980 Census for the City is 8,449. COUNCIL REPORTS Councilman Nix stated the new street sign at the intersection of Country Club Lane and Dos Rios indicates the wrong block number. Councilman Grant reported items approved at the Omnitrans Meeting of November 5 and the SANBAG Transportation Meeting. He also indicated the amendment to the Omnitrans Joint Powers Agreement had been approved at a previous session. Mayor Tillinghast questioned the status of the Community Center Grant, and the agreement with the Colton Joint Unified School District; requested the City signs reflecting population and elevation be changed to indicate uniform numbers on all signs; requested Staff to ensure a sign for Nandina Street is posted at both ends of the street; and stated the results of action taken at the annual League of Cities Conference are ready for distribution. The Mayor also stated that one of the principal concepts of the League of California Cities Conference, besides "Challenge of the 80's" was the idea that private industry and the cities have been at opposite ends, rather than working together for the betterment of the community and business. The cities should cooperate more with private enterprise, rather than establishing more regulations. Also, it should be made easier for an individual coming into City Hall, the idea being it is there to serve and help the community. In relation to the housing problem, Mayor Tillinghast stated the City is heading in the right direction if concentration is placed on how the funds generated by the CRA can be used most effectively to better the community as a whole, rather than concentrating on what the CRA can do in relation to pet projects. Additional material and tapes of the League of Cities Conference have been ordered. PUBLIC PARTICIPATION Individuals addressing Council, and the concerns expressed are as follows: Dick Rollins, 22700 DeBerry, regarding barriers to orange groves no longer in existence; John Lotspeich, 22111 Newport, report- ing the bolts on the new street signs are being loosened and switched; Geoff Dooley, 22432 Franklin St., on removal of illegal signs; Barbara Pfennighausen, 12364 Pascal, regarding the dangerous condition of DeBerry Street between Michigan and Mt. Vernon; and Ken Rinderhagen, 12738 Wilmac, recommending checking number of electricity Page nine - 11/6/80 and water customers in relation to the 1980 Census. Mayor Tillinghast announced the American Heart Association will be holding a walk-a-thon November 9, using the "Train Don't Strain" route. EXECUTIVE SESSION Council adjourned to an Executive Session at 9:55 p.m., with City Manager Seth Armstead, City Attorney Ivan Hopkins and Engineering Staff Brian Esgate in attendance. RECONVENE Council reconvened the regular meeting at 10:31 p.m., with all members present. Mayor Tillinghast stated the Executive Session was held for the purpose of discussing matters of litigation, with no action being taken. CC-80-378 Motion was made by Mayor Tillinghast, seconded by Councilman Petta and carried unanimously to adopt a Resolution of Appreciation to Terry Goggin, State Assemblyman, and to direct Staff to send the Resolution to Assemblyman Goggin, or a member of his staff. COUNCIL PORTRAIT FRAMES Results of discussion held on this matter were to direct Staff to provide Council with samples for selection. ADJOURN The regular meeting of the City Council adjourned at 10:35 p.m. The next regular meeting will be November 20, 1980. Respectfully submitted, 1 City C rk APPROVED: M m r Page ten - 11/6/80 11