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10/12/1995CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - OCTOBER 12, 1995 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 October 12, 1995 at 6:00 p.m. PRESENT: Byron R. Matteson, Mayor Gene Carlstrom, Mayor Pro Tern Herman Hilkey, Councilmember Jim Singley, Councilmember Dan Buchanan, Councilmember Thomas J. Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Patrizia Materassi, Community Development Director Bernard Simon, Finance Director Lt. Kyritsis, Sheriff's Department John Harper, City Attorney ABSENT: None The meeting was opened with invocation by Pastor Tammy McGrew, Azure Hills Seventh-Day Adventist Church of Grand Terrace, followed by the Pledge of Allegiance led by Councilman Herman Hilkey. Mayor Matteson convened City Council meeting at 6:00 P.M. Mayor Matteson reconvened City Council meeting at 6:20 P.M. ITEMS TO DELETE 2B. Commendation - Friends of the Library SPECIAL PRESENTATIONS 2A. Recycling_ Family of the Month - August 1995 Mayor Matteson announced that the Mark Del Rosa family of 12403 Vivienda are the recipients of the recycling family of the month award for the month of August 1995 and of the local merchants gift certificates from Grand Terrace Cleaners and Tuxedo Rental, Food Connection, Kay's Beauty Supply and Salon and Verlee's Fancy Pets. CONSENT CALENDAR CC-95-124 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY Council Minutes 10/12/95 Page 2 COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve the Consent Calendar. A. Approve Check Register No. 092895 and 101295 B. Ratify 10/ 12/95 CRA Action C. Waive Full Reading of Ordinances on Agenda D. Approve 09/14/95 Minutes E. Disadvantaged Business Enterprise Program PUBLIC COMMENT None ORAL REPORTS 5A. Committee Reports 1. Crime Prevention Committee (a) Minutes of 08-14-95 CC-95-125 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to accept the minutes of the Crime Prevention Committee of August 14, 1995. 2. Emergency Operations Committee (a) Minutes of 07-18-95 and 08-15-95 CC-95-126 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept the minutes of the Emergency Operations Committee of July 18, 1995 and August 15, 1995. 3. Historical and Cultural Activities Committee (a) Minutes of 09-05-95 and 09-19-95 CC-95-127 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept the minutes of the Historical and Cultural Activities Committee of September 5, 1995 and September 19, 1995. 5B. Council Reports Mayor Pro Tem Carlstrom, reported that he attended the October meeting of SANBAG. He also reported that he had the privilege of attending the commissioning of the last nuclear submarine in Graton Connecticut on Monday, October 9, 1995. Council Minutes 10/12/95 Page 3 Councilmember Buchanan, urged all of the Council to read the memo from Assistant City Manager Donlevy giving an update on the Waste Water Treatment issue with the City of Colton. He reported that participated in the registration activities of Tour de Terrace and watching the start of the tour. He also reported that the Friends of the Library had their annual book sale and expressed his appreciation to all of the people who put that together. Councilmember Singley, thanked Mayor Pro Tem. Carlstrom for attending the SANBAG meeting for him. He reported on an article that was in the paper on Utility User Taxes. City Attorney Harper, stated that he written an opinion on this issue, the prop 62 case had to do with a special tax which was passed by a vote of more than 50 percent but less than two-thirds. The only issue in this case is whether or not that tax was enforceable, whether the super majority requirement was constitutional. This court held that the provision was constitutional. Unfortunately, the court said that another section that deals with a 50 percent vote for any "tax increase" (General Tax) may also be constitutional. That issue was not reached they didn't reach the issue as it pertains to utility tax, there are two other appellant court decisions in California which have held utility tax without a vote is constitutional but decided on different terms. Most everyone expects that there will be litigation over utility taxes. A petition has probably already been filed and the decision on the re -hearing should be heard within the next several weeks. If it is re -heard a decision on the re -hearing would be heard within six months. If it is upheld in its current form or if the petition for a re -hearing isn't granted there will be immediate litigation over each individual tax, the retroactive issue is also an issue that was not addressed by this court in any manner, it is the expectation of most lawyers that even if there is a decision that the utility tax might not have been lawfully imposed that there will not be a requirement to refund. If that decision is up -held ultimately it will have a dramatic effect on California Public Agencies. The decision will not effect Grand Terrace one way or the other. However, to increase a business license tax would have to be approved by a majority vote of the people. The elimination of the utility tax will quickly bankrupt many cities. Councilmember Buchanan, asked if the City should request that there be a re- hearing. City Attorney Harper, responded in the affirmative and that it has already been done. Councilmember Hilkey, reported that the Country Fair will be held on November 4, 1995, and urged people to enter the cooking contest. He complimented staff for a job well done with the Low Moderate Housing Rehabilitation Program. He also reported that Omnitrans was named the number one public agency by the American Public Transit Association. Mayor Matteson, reminded everyone that County Free Dump Day will be held Council Minutes 10/12/95 Page 4 on Saturday, October 14, 1995. He requested that Assistant City Manager Donlevy report on the Disaster Training Program. Assistant City Manager Donlevy, reported that City Staff will be having disaster training exercise on Wednesday, October 18, 1995, where the Emergency Operations Center will actually be activated. Staff has been training over the last couple of months and hopes that it will be a successful day. PUBLIC HEARING 8A. An Ordinance Adopting Amendment. Z-95-03. and Associated Negative Declaration. E-95-07. for Amendment to the Municipal Code, Chapter 5.06, Home Occupation Permit Procedures and Criteria Mayor Matteson opened discussion to the public. Bob Domin uez, 23016 Palm Avenue, Grand Terrace, questioned once a permit is revoked how does the City make sure that the individual is not doing business. Mayor Matteson, responded that if the City receives complaints they will be investigated. Mayor Matteson returned discussion to Council. Councilmember Buchanan, stated that there are a few typographical errors that 'J need to be fixed. On Page 2 of the Ordinance in section 5.06.010.a Home Occupations Permitted subsection D after for Office Purposes Only. The next line should be subsection E and the next subsection should be F. He stated that the italicized language was not approved by the Planning Commission but he feels that it should be included. On Page 5 on sub paragraph C, he feels that it should read "Notice may be given in such other manner as is deemed necessary or desirable by the Community Development Director in order to achieve sufficient notice. In section 5.06.060 Decision to Approve or Deny, he feels that it should read "Fourteen days after giving notice to contiguous property owners, the Community Development Director of his/her designees shall review the initial findings and notify the applicant and any contiguous property owners who responded to the notice of Application should be notified of the decision." Councilmember Singley, disagreed with the last section and stated that sometimes people don't receive the notices and feels that this is just one more step that can be taken to let people know what is going on. Councilmember Buchanan, stated that the last change that he has is in the next to the last paragraph it should read "The Community Development Director or his/her designee may revoke any home occupation permit for noncompliance with the conditions set forth in approving the permit, and shall give notice of such action to the permittee." Council Minutes 10/12/95 Page 5 CC-95-128 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve the first reading of an Ordinance Adopting Amendment, Z-95-03, and Adoption Associated Negative Declaration, E-95-07, for Amendment to the Municipal Code, Chapter 5.06, Home Occupation Permit Procedures and Criteria with the changes to the bottom of page 2 with the relettering of the paragraphs, the inclusion of the italicized language recommended by the Community Development Director, the rewording of subsection C to provide the notice as is deemed necessary and desirable by the Community Development Director in order to achieve sufficient notice, and the correction of the word be to the in section 5.06.070 in the last sentence. 8B. An Ordinance Adolting Amendment, Z-95-04 Repealing Chapter 10 of the Grand Terrace Municipal Code and Adopting a Revised Chapter 10 and its Associated Negative Declaration, E-95-10 (Residential Parking Regulations) Mayor Matteson opened discussion to the public. Bob Dominguez, 23016 Palm Avenue, Grand Terrace, stated that he drove around the City and took notes of what appeared to be abandoned vehicles. He stated that he feels that it is pretty obvious which vehicles have not been used in a long time and are eye sores and asked if something could be done. City Manager Schwab, stated that they are going to take the list that staff has put together of vehicles that they believe to be abandoned and contact the owners and let them know the they need to remove those vehicles. Another recommendation is to direct staff to develop a program to pro actively address the 72 hour parking either through the Sheriff's Department contract or utilize Citizen Patrol to be our eyes and ears. Bob Dominguez, stated that 5 homeowners on his street met with City Manager Schwab concerning parked and abandoned vehicles and commercial vehicles. They are concerned about property values and the look of the neighborhood. The cost to store a commercial vehicle is only $25.00 a month. He urged the Council to vote to ban commercial vehicles from parking in residential areas. Ted DeWitt, 23028 Palm Avenue, Grand Terrace, stated that he has lived in Grand Terrace since late 1993. In the past year he has seen a lot of degradation. There is garbage and water heaters in front yards. The abandoned cars are a problem, the home businesses are an economic boom to communities and should be, however, it is going to be difficult to control it. He feels that we are not being pro -active, some ways of being pro -active maybe more citizen involvement, more reaction to the Citizen Patrol and maybe some more pro -activity from the Sheriff's Department. Mayor Matteson returned discussion to Council. Councilmember Singley, questioned whether or not the City has an Ordinance that allows us to impose a City impound fee for towed or abandoned vehicles. Council Minutes 10/12/95 Page 6 City Manager Schwab, responded in the negative the only fee that they have to pay is a tow charge to the tow yard and storage fees. Councilmember Sing_ley, stated that the City of Yucaipa has such a fee and maybe the City should look into this. Mayor Pro Tem Carlstrom, questioned whether there is still a problem of 18 wheelers being parked in residential areas. City Manager Schwab, stated that step -side vans are more of a problem than 18 wheelers. CC-95-129 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM CARLSTROM, CARRIED 5-0, to approve staff recommendations of not pursuing prohibition of street parking or overnight parking but to create a procedure to punish repetitive violators of street parking regulations and have staff review Sheriff's contract to evaluate if there are resources for proactive enforcement of the "72 hour Abandoned Vehicle Policy". Councilmember Buchanan, stated that in the Ordinance there is a list of whereas and then a therefore in the middle of the page which should be moved down on the page. Councilmember Hilkey, stated Ordinance should be expound ed Councilmember Buchanan, requested clarification on the two exceptions when issuing parking permits one by the City Manager and the other by the Community Development Director. Community Development Director, stated that the first exception already exists in the code and usually relates to the public right of way the second exception was added to cover private property, this was done so that the City Manager would not have to get involved with the permits on private property or for items that need to be approved by the Planning Commission. CC-95-130 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to approve the first reading of an Ordinance Adopting Amendment, Z-95-04 Repealing Chapter 10 of the Grand Terrace Municipal Code and Adopting a Revised Chapter 10 and its Associated Negative Declaration, E-95-10 (Residential Parking Regulations) with the following changes to move the therefore paragraph to the bottom of the page on the first page and to change wherever front yards appears should be expounded to say driveways and item B should read "more than two axle trucks" or "more than three axle trucks" and item F should read "Truck Chassis". Council Minutes 10/12/95 Page 7 Councilmember Buchanan, requested that staff agendize Council to make a policy giving direction to staff and Planning Commission in regards to code enforcement. UNFINISHED BUSINESS 7A. General Plan Task Force Progress Report Community Development Director Materassi, stated that three more elements of the General Plan Task Force will be reported on, Councilmember Singley will make a presentation on the Strategic Element, Councilmember Hilkey will make a presentation on the Conservation Element, and she will make a presentation for Planning Commissioner and General Plan Task Force Member Doug Wilson on the Noise Element. She requested that once the presentations are complete, Council comment on each of the elements. Councilmember Singley, reported on the Strategic Element, he feels that this is a dynamic element that he hasn't seen in the General Plan before, it is an element that will bring all actions together, prioritize and give them a "father" or mentor. Mentors will be volunteer representatives from the community who will become responsible to implement a specific action. i.e. LeeAnn Garcia could be the mentor responsible for the implementation of a Main Street program for downtown Grand Terrace. Mentors all need to be given authority to represent the City in the making of public -private partnerships and applications for funding. Mentors all need to respond to our overall action plan coordinator, being a staff member or a public official. This element is the most dynamic one and will help the City reach goals and policies outlined in the General Plan. A large portion of it is recommended to be adopted as a Resolution, so it can be easily altered as actions are completed and circumstances change. Councilmember Hilkev, reported on the Conservation Element, this element is combined with the Open Space Element as far as preservation of open space is concerned. Conservation of all natural resources is the main goal here and included an evaluation of Regional and Sub -regional plans to learn if Grand Terrace is or should be part of those plans, for example, the Santa Ana River Regional Park. Protect our Blue Mountain open space, air quality, possible endangered species and water. Develop specific practical policies to help developers to deal with conservation goals. Community Development Director Materassi, reported on the Noise Element for Planning Commissioner and General Plan Task Force member Doug Wilson. Though the general goal of the General Plan with regard to noise hazards has good intentions, it is woefully incomplete. Addition of the implementation policy to reduce noise problems and maintain a quiet, low density, village atmosphere establishes a good guideline for actions and ordinances. Council Minutes 10/12/95 Page 8 The original environment assessment of noise issue labels freeways and Pacific/Santa Fe Railroads impacts as having moderate significance. Owing to the topographical nature of Grand Terrace as a natural amphitheater combined with the apparent locations of scheduled freight transfers, P.M. impacts are substantial. Action (b) instruments conducting a city-wide noise study (assessment) for all major impacts to re-establish sound level contours. Action (d) inventories uses on a broad and case -by -case basis. Both actions are useful data gatherers that require follow-through with responsible sound emitters. (Staff may contemplate recommendations to the Council regarding policy measures in obtaining regional cooperation towards reducing and/or mitigating noise.) Emphasis is better placed on reduction rather than sound attenuation measures as suggested by action item (a) i.e. work with airports on location of flight patterns, etc. Consistency between the noise element and municipal ordinances is mandatory and is rightfully initiated by action item (h). Consistency with San Bernardino County and California State Noise Codes by municipal adoption is elementary. But more restrictive CNEL ratings are more typical to maintain village atmospheres. Item (g) Guidelines for "Good Neighbor" or party "Peace Keeping" policies seem applicable to commercial as well as residential areas. Newsletter and Citizen Patrol information/passive enforcement seem sensible methods of control. Item (f) allows for development standards for attenuation, sad to say landscape rarely offsets substantial noise. Wall treatments deflect but do not reduce noise. Again, the amphitheater effect comes into play. Intelligent land use decisions that insure neighborhood compatibility and sensitivity need to be provided for, increasing along city boundaries and buffers between uses. Code Enforcement of animal noise in bedroom communities can also be costly as well as irritating. Construction and industrial intermittent noise control needs special attention. Traffic generated noise along Barton due to acceleration and deceleration from and to the city limits can be part of circulation elements and speed limit conditions. Community wide bans on landscape blowers, early hour trash collection and needless siren testing might also be contemplated. Community Development Director Materassi, stated that Commissioner Wilson's presentation reflects the Task Force issues, plus his own input. Councilmember Buchanan, feels that the strategic element is a very interesting approach but questioned how it is suppose to work. He questioned whether the mentors are part of the General Plan or does the General Plan contemplate the adoption of actions by resolutions. Community Development Director, responded that the way the Task Force is proposing this element is that the General Plan will have various policies and Council Minutes 10/12/95 Page 9 under the policies actions will be listed and prioritized. A large part of the strategic element should be adopted by resolution. Councilmember Buchanan, stated that his input on the Strategic Element is that it is a good policy and procedure that should be in place but feels that it is not appropriate to have specific actions, mentor designations and priorities in the General Plan text, but that the Strategic Element should be a living document. Council should be able to come up with new actions and re prioritize. His input on the conservation element was whether or not various policies and their actions should be considered part of the General Plan or be the framework for the consideration of the uses and specifics to be in the zoning code. Expand on the conservation of Blue Mountain as open space to include an expanded examination and adoption of recreational uses and feels that specifics are best left for further examination. He questioned whether the City has adopted the County of San Bernardino Noise Elements. Community Development Director Materassi, stated that the City has not adopted the County of San Bernardino Noise Element that the City has its own noise policy which addresses freeways and trains and does not address stationary sources. We have been using the County Code as a policy. Councilmember Buchanan, stated that our existing noise element is understated and confirmed commissioner Wilson's input for revisions. Mayor Pro Tem. Carlstrom, stated that the strategic element is important and if there are no mentors it might be unlikely to get those actions complete. The Conservation Element is very close to many citizens even though there is not very much open space within the City of Grand Terrace, we are adjacent to a lot of open space, which is Blue Mountain and it should be preserved. In regards to the Noise Element, we can work on things to control noises in our neighborhoods and cul-de-sacs, but it will be difficult to control I-215 freeway noises. The name of our City says: We are in a terrace, which separates us from traffic but not from the noise. He feels that all policies and actions on these elements help to keep Grand Terrace a desirable community. Mayor Matteson, stated that before the City is built out a particular architectural landscape theme should be developed throughout the whole City, so it looks like it was planned out in advance so that everything will blend together. On the conservation element that we should have high recommendations on drought resistance landscaping so that less water needs to be used to maintain the yards. The landscape carries over into the noise element, if certain types of landscaping is planted that can absorb some of the noises, we may be able to address some of our noise problems. Mayor Pro Tem Carlstrom, thank the General Plan Task Force for their work on the General Plan. NEW BUSINESS Council Minutes 10/12/95 Page 10 8A. Statement of Investment Policy for the City of Grand Terrace CC-95-131 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 5-0, to approve the Statement of Investment Policy for the City of Grand Terrace. CLOSED SESSION 9A. Booking Fee Litigation - San Bernardino County Mayor Matteson announced that Council met in closed session to discuss the Booking Fee Settlement agreement. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 8:05 p.m., until the next Regular CRA/City Council Meeting which is scheduled to be held on Thursday, October 26, 1995. CITY CLERK of the eity of Grand Terrace MAY