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09/09/1993CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 9 1993 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 9, 1993 at 6:00 P.M. PRESENT: Byron Matteson, Mayor Ronald Christianson, Mayor Pro Tempore Gene Carlstrom, Councilmember Herman Hilkey, Councilmember Jim Singley, Councilmember Thomas J. Schwab, City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community Development Director Phil Bush, Finance Director Sgt. Mike Howell, Sheriff's Department ABSENT: Randall Anstine, Assistant City Manager Joe Kicak, City Engineer John Harper, City Attorney The meeting was opened with invocation by Pastor Roger Greenwalt, First Baptist Church of Grand Terrace, followed by the Pledge of Allegiance led by Councilmember Singley. Mayor Matteson convened City Council meeting at 6:00 P.M. Mayor Matteson reconvened City Council meeting at 6:10 P.M. SPECIAL PRESENTATIONS 2A. Proclamation - "Days of Carina" October 8-9 1993 Mayor Matteson read a Proclamation designating October 8-9, 1993 as "Days of Caring." CONSENT CALENDAR CC-93-136 MOTION BY MAYOR PRO TEM CHRISTIANSON, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve the Consent Calendar. A. APPROVE CHECK REGISTER NO. 090993 B. RATIFY 09/09/93 CRA ACTION Council Minutes - 09/09/93 Page 2 C. WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVE 8/26/93 MINUTES E. DECLARE COMPUTERS AND TRUCK SURPLUS PROPERTY F. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM G. AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES MEETING IN SAN FRANCISCO H. AUTHORIZATION TO GO TO BID FOR STREET STRIPING PUBLIC COMMENT Dick Rollins, 22700 DeBerry Street, Grand Terrace; requested an explanation of the Disadvantaged Business Enterprise Program. City Manager Schwab, responded that the City must adopt the Disadvantaged Business Enterprise Program in order to receive federal funding. He added that the program certifies that the City does not discriminate against minority or women -owned businesses. Dick Rollins, 22700 DeBerry Street, Grand Terrace; indicated his willingness to research various City Ordinances that directly affect the citizens and expressed his desire that a list of those Ordinances be published in the City's newsletter. He mentioned Ordinances that regulate yard sales and the posting of signs on utility poles, long-term parking for recreational vehicles and trailers on the street, noise, and litter. He announced that as of 1993, the City of Grand Terrace still has the lowest crime rate per capita in Southern California. ORAL REPORTS 5A. Committee Reports 1. Emergency Operations Committee (a) Minutes of 7/20/93 CC-93-137 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to accept the Emergency Operations Committee Minutes of July 20, 1993. 0 Council Minutes - 09/09/93 Page 3 5B. Council Reports Mayor Matteson, extending condolences to the family, stated that Mr. Dale Krause passed away on Saturday, September 4, 1993. He explained that Mr. Krause was a long-time resident of the City and remarked that Mr. Krause was one of the five boys who graduated from Grand Terrace Elementary School in 1951. He announced that October 9, 1993 will be clean-up day in the City, relating that a dumpster will be located at City Hall until 3:30 p.m. but stressing that no trash will be accepted after that time. He commented that the Country Fair will be held on November 5, 1993 from 10:00 a.m. to 4:00 p.m. at the Community Center at 22130 Barton Road. He also noted that the Friends of the Library will hold their annual book sale at City Hall on September 24 and 25, adding that the group is seeking book donations for the sale. He commented further that the County will provide a flu shot clinic at the Lawrence Hutton Community Center in Colton on November 3, 1993 from 2:00 p.m. to 4:00 p.m., indicating that the cost will be $3.00. He announced that the City of Colton will hold a meeting at Colton City Hall on September 15, 1993 at 4:00 p.m. to discuss the street improvements and construction on Mt. Vernon at Washington Street. City Manager Schwab, revealed that Grand Terrace has been working with the City of Colton regarding that location. He indicated that the construction plans originally included the elimination of the I- 215 on -ramp at the base of the hill on Mt. Vernon, which would force travellers coming down Mt. Vernon to proceed to the on -ramp farther down Washington near Fiesta Village in order to access the freeway. He remarked, however, that Grand Terrace successfully lobbied Colton to maintain the on - ramp. Mayor Matteson, indicated that the City of Colton will hold a Chamber of Commerce Mixer at the old western town in Colton following the Colton Council meeting of September 15, 1993. He requested that staff investigate the status of the completion of the street on Barton Road near the bridge. He reported further that the City/County Conference will be held in Lake Arrowhead on November 4 and 5, 0 urging Council to attend the meeting. Council Minutes - 09/09/93 Page 4 Mayor Pro Tem Christianson, remarked that City Engineer Kicak supplied a report to Council regarding the improvements on the railroad crossing at Main Street. He stated that the report indicated that Mr. Kicak had contacted the railroad, adding that the crossing, where Metrolink plans to locate a station, will be improved within one year. He remarked further that the railroad company will investigate the crossing area. He announced that the Chamber of Commerce has scheduled a Chamber Mixer on Wednesday from 5:00 to 7:00 p.m. at Classic Fitness at 22125 Barton Road, Suite 500, adjacent to the Chief Auto Parts store near Michigan. He added that the graffiti "Paint the Wall Day" will be held on September 19, 1993 from 7:00 a.m. to Noon and urged the public to participate or donate funds to the project, remarking that interested individuals can contact the Chamber office at 783-3581. He announced that the Tour de Terrace will be held on October 3, 1993, adding that riders of all ages on single or tandem bikes can participate in the ride. He announced that the Tour de Terrace entries must be postmarked no later than September 23, 1993 and suggested that interested individuals contact Karen Gerber at City Hall. Gene Carlstrom, reported that he attended the monthly SANBAG meeting and commented that the meeting highlighted the Homeless Coalition of San Bernardino Valley. He added that there are over 1,000 homeless people in the San Bernardino area. He remarked further that Supervisor Barbara Riordan was instrumental in providing a video about the Homeless Coalition for the meeting. He stated further that T.V. personality, Stephanie Edwards, attended the meeting and was presented with a plaque for volunteering her services in presenting the video to those in attendance at the meeting. Councilmember Sin le , reported that he attended the San Bernardino County Gang and Drug Task Force meeting at the Sheriff's Department headquarters and related that "Choices" was the meeting topic. Explaining that D.A.R.E. is a drug intervention program at the elementary school level, he stated that Choices is an extension of D.A.R.E. at the junior high and high school level. He announced that the Choices program has received international acclaim, adding that the first international Council Minutes - 09/09/93 Page 5 convention for the program will be held September 26-30 at the Arrowhead Springs Hotel. He stated that he will report to Council following the convention. He commented further that he attended a SANBAG Major Projects Task Force meeting on Measure 1 on behalf of City Manager Schwab, reporting that due to the sluggish economy, there is a projected shortfall in funding for freeway improvements, arterial improvements, and the paving of local city streets. He indicated that Gary Moon, Project Director, implied that money would not be diverted from City governments for street improvements. He praised the emergency veterinarian clinic in the City which is operated by Dr. Terry McDuffee. Councilmember Hilkev, reported that Omnitrans placed their General Manager on leave and appointed a new General Manager but asserted that those changes will not affect the City's efforts to obtain a new bus route in Grand Terrace. He urged the public to complete and return the questionnaire in the City's newsletter. He urged the public to sign the petition for the formation of a Grand Terrace School District, adding that the petitions are at Stater Brother's market in Grand Terrace. Mayor Matteson, questioned whether the City needs its own bus route. Councilmember Hilke , explained that the current bus, which is operated by the Riverside Transit Authority, travels down Michigan and into Loma Linda; however, he argued that seniors in Grand Terrace need transportation that will carry them to businesses in the Cooley Ranch or Fiesta Village areas. City Manager Schwab, summarized that the City is attempting to become a part of the Omnitrans loop. Mayor Matteson, inquired whether any tests or studies show that a route in Grand Terrace is warranted. Councilmember Hilkev, replied that the Transit Needs Survey in the City's newsletter will answer whether the City needs a bus route. Council Minutes - 09/09/93 Page 6 PUBLIC HEARING 6A. Zoning Amendment - Z-93-01 (Accessory Structuresi Mayor Matteson read a letter from Doug A. Wilson for the record: "Please understand that this letter is written in my capacity as a citizen of Grand Terrace who opposes the adoption of faulty legislation. You have before you information prepared by Planning staff regarding a proposed amendment to Chapter 18 of the Zoning Code. The staff report recommending Council adoption represents the purposes of the changes as being an effort at clarifying ordinance ambiguities which were a product of earlier Council actions. Planning staff would also be authorized to act as a reviewing agency in all uses that might affect privacy or view vistas with respect to adjoining properties. While I agree with Planning Director interpretation that existing language could be construed to burden all new construction with the obligation of a full site review, which currently includes payment of fees that would, in no way, reflect a nexus with environmental or service impacts, I urge you to only adopt selected clarifications which would have the net effect of updating ordinance wording in keeping with ongoing policy. Should you elect to complete amendments assuming that previous Council actions were formulated from experience and a record of solid judgement, choosing instead to make simple grammatical corrections to prevent misinterpretation, your Council action would be better identified with a long-standing base of good government which services the needs of the community and promotes economy. For your convenience, I have included a copy of the proposed changes, red -lined to reflect only minimal clarifications. The alternative could expose the City to needless litigation and inflict further strain on City staff already stretched to satisfy budget restraints. Acknowledging the spirit of positive reform in which Z- 93-01 revisions were formulated, please include the following items of information as part of your decision making process: 0 Council Minutes - 09/09/93 Page 7 Issues of privacy and scenic view vistas are subject to individual perspective and wholly beyond the scope of governmental regulation without the adoption of specific companion criteria to measure impact and guarantee equal enforcement. Surrounding jurisdictions, including the highly restrictive ordinances and policies of the County and City of Los Angeles, find it unjustifiable to regulate land use of non -habitable structures beyond that which is specifically required by applicable zoning, with the possible exception of conditional approval of subdivisions or sensitive in -fill developments in exchange for creative design solutions. Subjective enforcement of unreasonable property use restrictions is clearly not consistent with the goals, objectives and policies of the City of Grand Terrace General Plan. The General Plan does not support legislation for the sole purpose of resolving neighbor disputes which may have little or no relation to a real Zoning or Planning infraction. General Plan language relating to promoting compatibility of uses and managing development is intended primarily as a tool for addressing significant impacts, not ordinary accessory use. As stated in public testimony, the 1991 Uniform Building Code does address the issue of accessory use by exempting from the review, permit and inspection process, 'One story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet.' Stretching interpretation of nuisance abatement regulations to fit as a vehicle to preserve property values smacks of exclusionary use of police powers. Reactionary response triggered by complaints, resulting in the retroactive infliction of fees, including the potential for further penalties, regardless of compliance with zoning set -back, area and height requirements in effect at the time of construction, is illegal. Council Minutes - 09/09/93 Page 8 The true purpose of site plan review is to promote orderly development, evaluate and mitigate significant environmental impacts, and ensure public safety for the general welfare of the community. In summary, let me just state that it will be a sad day when governments are willing to legislate to the point of the manipulation of the laws of the land to sacrifice the imagination of young children as manifested in something as simple as a playhouse in order to satisfy the advantage of a selfish few without any realistic or legal justification. Should you desire to contact me regarding any portion of this letter, please consider me completely at your disposal." Mayor Matteson opened discussion to the public, there being none, he returned discussion to Council. CC-93-138 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER SINGLEY, to table the Public Hearing for Zoning Amendment Z-93-01. Motion #CC-93-138 was withdrawn. Mayor Matteson directed staff to develop criteria for the regulation of accessory structures and to bring those criteria back to Council at the next Council Meeting for review for inclusion in the Ordinance. CC-93-139 MOTION BY MAYOR PRO TEM CHRISTIANSON, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to continue the Public Hearing for Zoning Amendment Z-93-01 to the regularly scheduled City Council Meeting of September 23, 1993 at 6:00 p.m. I 11 Council Minutes - 09/09/93 Page 9 ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 7:00 p.m., until the next regular CRA/City Council Meeting, which is scheduled to be held on Thursday, September 23, 1993. MAYOR ff the City of Grand Terrace �8A'ezdr" f CITY CLERK of the Citv of Grand Terrace r,