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03/28/1996CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - MARCH 28. 1996 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 March 28, 1996 at 6:00 p.m. PRESENT: Byron R. Matteson, Mayor 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 Virgil Barham, Building and Safety Director Lt. Greg Kyritsis, Sheriffs Department John Harper, City Attorney Jim Winkler, Harper & Burns ABSENT: Gene Carlstrom, Mayor Pro Tern The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church of Grand Terrace, followed by the Pledge of Allegiance led by Councilman Dan Buchanan. 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. Recycling Family of the Month - February 1996 Mayor Matteson announced that Mr. and Mrs. Harris and the Drug Alternative Program participants are the recipients of the recycling family of the month award for the month of February 1996 and of local merchant gift certificates from Food Connection. 2B. Proclamation - Community Development Week, April 1 - 7, 1996 Councilmember Buchanan read a proclamation on behalf of the City Council proclaiming the week of April 1 - 7, 1996 as Community Development Week in the City of Grand Terrace. 2C. Proclamation - March of Dimes - Walk for Someone You Love, April 1996 Councilmember Hilkey read a proclamation on behalf of the City Council proclaiming the month of April, 1996 as March of Dimes Campaign "Walk for Someone You Love" and urged citizens of Grand Terrace to support this worthy cause by participating in Walk America. CONSENT CALENDAR CC-96-16 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to approve the Consent Calendar. A. Approve Check Register No. 031196 & 032896 B. Ratify 03/28/96 CRA Action C. Waive Full Reading of Ordinances on Agenda D. Approve 02/22/96 Minutes E. Resolution - Amending the Commission/Committee Regular Meeting Schedule F. Approve Finance Director Travel to CMTA Conference April 22 - 26, 1996 in Monterey G. Conditional Encroachment Agreement - 23224 Westwood (Steele) PUBLIC COMMENT JoAnn Johnson, 12723 Mt. Vernon Avenue, Grand Terrace; thanked the City for the new hot water heater and faucets at the Senior Center. Tom Tillinghast, 22667 Brentwood Street, Grand Terrace; spoke on the appeal of the Planning Commission Decision regarding DU-95-02. He has known the Halstead family for many years. He has been to the Halstead property both socially and as a member of the community. He has seen what Mr. Halstead is trying to accomplish and the amount of time and effort he has put into it and the reaction from the neighbors. He stated that from what he has seen Mr. Halstead has gone to great lengths to try and make this a benefit to the community as a whole, not just to the property; with the nature conservatory concept, he is beautifying the area and making vast improvements to the area and asked that Council give full consideration to what Mr. Halstead has done to the property and give a favorable consideration to the appeal. Stephen Behrends, 12640 Reche Canyon Road, Colton; spoke on the application to allow and outdoor assembly use in the residential (R-2) district. He stated that he too, has known the Halstead family since 1966. He stated that Mr. Halstead has taken an eyesore and has turned it into a garden spot which is quite lovely and serves as a buffer between the residential area and the area immediately adjacent to it, the railroad tracks and down to the Santa Ana wash. The use that he is seeking is not commercial, it is used very little and is always outside mostly on weekends during certain parts of the year. It is Council Minutes 03/28/96 Page 3 not intrusive. There is a parking lot area, plants, buffers and vegetation that shield it from the neighborhood. He stated that it is an asset to the community in terms of economic development. It introduces a lot of revenue for the area. He uses local businesses and his clients use local business as well. It is a benefit to the community and urged the Council to give the use that is being sought by Mr. Halstead. Wendy Curran, Grand Terrace resident, stated that she and her family have lived in Grand Terrace for thirteen years, they chose to live in a small community and for the most part enjoy it. Events in the most recent political campaign have brought her to the meeting. She stated that she has already expressed her dissatisfaction and frustration to some of the members of the Council and City staff. she referred to many problems that have arisen to the destruction, vandalism, and theft of political signs. She stated that it is an infringement of her right of free speech. As a citizen of this community and Country it is her duty to uphold that right of free speech for everyone not just for some. She stated that it is the Council's job to uphold that right for all citizens and feels that this has not been the case. As previously stated, she left messages for some of the members of the Council regarding this problem. In addition, she spoke to the City Manager expressing her dissatisfaction of the enforcement of the Sign Ordinance. She was told by staff that political sign vandalism takes place no matter which city. She stated that she feels that a strong Sign Ordinance and proper enforcement will eliminate much of what occurred in this particular campaign. She stated that she was informed that a Sign Ordinance can not be specifically enforced, and asked then why have one at all. This is an area that needs to be addressed before the November election is upon us. She also stated that certain citizens of this City were denied access to public air ways. Members of Care for Grand Terrace requested on several occasions to be allowed a televised rebuttal to the candidate forum. After going back and forth between the City and Comcast for about a week, they were finally able to talk to someone about air time. They were told that it was a candidate forum not an issue debate. On that basis they were denied air time. She attended the candidate forum and personally recorded 102 references to a separate school district, our own school district, or a new school district. She stated that she was told that a special council meeting would have to be held in order for the Council to vote on whether or not they could have air time, and questioned whether the sponsors of the candidate forum needed to be agendized to hold the forum. She stated that Council can do something to alleviate this from occurring again. She requested that Council form a community based citizens committee to establish fair policy regarding political actions in the City. She feels that there needs to be a policy regarding fair and equitable use of the municipal channel, and must be done by September prior to the elections for City Council members in November. She volunteered to serve on this committee. She questioned having a joint effort between the City and the residents to come together to build a gymnasium. She further stated that she received a pink flyer on her door that had a lot of wrong information. One statement that was included on this flyer was that "the Colton Joint Unified School District purchased thirty plus acres in the north end of Colton for their new high school" she stated that she believes that this is a reference to some land that was purchased adjacent to the new County Hospital. A parcel of land was purchased by the Colton Joint Unified School District in June of 1990 which totaled 4.58 acres. In January of 1991 a lot line adjustment with the City of Rialto gave the Colton Joint Unified School District another 2.133 acres. That totals 6.713 acres, not 30 acres. The land was purchased in the hope that some day a new district Council Minutes 03/28/96 Page 4 office could be built so that they could move off the Colton Jr. High campus. The land was purchased and nothing has been built there. She stated that she specifically called the District and asked if there were plans to build a new high school in the North end of Colton and the answer was that there are no plans at this time. She encouraged the Council to keep an open line of communication with the School District. She stated that the citizens of Grand Terrace have spoken about the school district and now it is time to move on and put this division behind us. She invited members of the community to join Care for Grand Terrace in making the high school and school district the most that it can be. Wendy Patrick, 22725 Robin Way, Grand Terrace, stated that she has been a resident for the past 36 years and has enjoyed the atmosphere that a small bedroom community provides. She and her husband are the parents of two Colton High School students who perform at the top of their classes. She stated that fortunately for this community reasonable informed voters made the wise decision not to seperate from the Colton Joint Unified School District in spite of a campaign by the proponents that dispensed information up until the day before the election that was filled with falsehoods. Worse than that, a campaign that subjected our current high school students to unfair treatment, allegations, and innuendoes about their high school and for this the City Council and community should be ashamed. This Council did nothing to dispel the truths, in fact a member of this Council was an active participant in the very group that allowed the garbage to flow through the community. That Councilmember's own mailer included information that was not factually correct. For example, a statement that inferred that only 20 to 40 students from Grand Terrace participate in athletics at Colton High. The swim team alone has approximately 30 Grand Terrace students and that is only one sport at the high school. Beyond that, there are far more extra curricular activities that Grand Terrace students are a part of that are not related to athletics. It is time for this Council to stop sitting back and allowing a small group of angry people who have their own agenda to fulfill to dictate how this City is run. It is time for this Council to start supporting the schools in words and actions. Most importantly it is time for this City Council to extend to the Colton Joint Unified School District their apology for the way their district was unfairly portrayed by a segment of this City, which included an elected Councilmember and appointed members of various committees operating through Council, and extend with open hands a commitment to be a part of malting our schools the best that they can be for all of our students. Jeff Patrick, 22725 Robin Way, Grand Terrace; he extended his thanks to all of the people that worked in the Care for Grand Terrace group that was responsible for the defeat of Measure N. The measure that would have put the school district in the hands of the Grand Terrace people. He stated that there needs to be more community involvement, not only in the Colton Joint Unified School District but also in the community in general. As a Junior at Colton High School and a twelve year member of the Colton Joint Unified School District, he currently maintains a 4.4 GPA and on the road to valedictorian of his class. Throughout the campaign, proponents of Measure N stated that students who attended Colton High School could not be successful in life. He believes that he has shown and many people before him have shown that students who live in Grand Terrace as well as students who live in Colton that attend Colton Joint Unified School District and the high school, truly can be successful. The proponents Council Minutes 03/28/96 Page 5 arguments for Measure N frequently stated that the children could not succeed, however, if these people took the time to actually look at the students at Colton High School and look at the education and the extra curricular programs, they would realize that it is up to the student and the teacher no matter what high school you attend. Anyone who wishes to be successful can truly be so. The Colton Joint Unified School District is not perfect, however, the solution to the problem is not breaking away and forming a new district. The answer is getting the community involved. The proponents also stated that it would be cheaper to convert a Jr. High School into a High School rather than building a new High School. In actuality it is cheaper to get involved in the schools that are currently in existence rather than trying to form a completely different school district that would be completely economically ineffective. He extended an invitation to the City Council and members of the community to get involved with the Colton Joint Unified School District. He feels that involvement truly helps the students. Barbara Pfenni hg ausen, 22111 Ladera Street, Grand Terrace; expressed her concern that without permission individuals phone numbers and addresses were printed and given out. She expressed her thankfullness that Proposition N failed and that it's over. She invited everyone to join together to make our schools the best possible for all students in the Colton Joint Unified School District. She expressed her concern that members of this City Council and of the Planning Commission who have recently reviewed and reworked the Sign Ordinance are unaware that there was anything in the Sign Ordinance that pertained to political signs, as so stated publicly. The fact that there are Planning Commissioners and Councilmembers that are not even aware that there is a section on political signs is a concern. She questioned whether new Commissioner and Councilmembers are oriented with the Ordinances that we have to work. Thelma Winkler, 12570 Mt. Vernon Avenue, Grand Terrace; she expressed her concern with local control. She stated that the political climate was vastly created by local control and the greatest need is for improvement in education. It is possible that decivilization of large school districts will be mandated within the next few years. She expressed her disaapointment that communities wishing for that now don't have the backing of their elected leadership and community. It is obvious that the defeat of Measure N in Grand Terrace is a great disappointment to the proponents of that measure. It is just as obvious that the Colton Joint Unified School District needs a lot of fixing. It may appear that the debate is over and the battle to see the loss has won, depending on which side you stood, but the dust hasn't settled yet and the problems still exist. The problems have been brought into focus and need to be addressed. She questioned whether we will have leadership or power brokers. Will our concerns for children override our fears of losing prestige among our friends, or will we stand up as individuals. Will we continue to allow bureaucrats to treat our children as a statistic not as human beings, or will we create an atmosphere that will help them grow into a well rounded being with a good foundation and good self discipline with moral values and a sense of responsibility for themselves and their fellow man, and receive a well rounded education that will equip them with the skills to earn their way to a secure and vibrant society that they have helped to create. Those who have most of their years behind them realize that their safety now and of the future are in the hands and minds of the youth. Will we get behind the parents of that youthful generation with whole heart support or will we allow fear to sway us. Will we remember how we got where we are today as Council Minutes 03/28/96 Page 6 people and as a nation and find those values worth restoring or will we sit back and say it is not our responsibility or stand up and be counted in the fight for survival and restoration for ourselves and the children. Measure N took more than three years to be put on the ballot with great difficulty. Only a little more than 3,000 of the registered voters in this community cared enough to come out and stand up to be counted. The measure was defeated by only a very small margin but the larger margin was won under cloudy conditions fed by fear. On election day prior to the results being read, in a conversation with a Colton Joint Unified School District Board member it was stated that maybe if Measure N passes it will wake up the parents of the Colton students. The board member stated that that will never happen. Can this community continue to support that type of attitude among the board members and still be content to farm its youth out to a large community who will perpetuate the decline of our educational system and do little to help restore the damage to this generation and to our children? We need to decide who are losers in this game and where do we go from here. Geoffrey Curran, 11750 S. Mt. Vernon Avenue. Apt.# P160, Grand Terrace; stated that he has been a resident of Grand Terrace for the past thirteen years. He has lived and worked in the community as well as the Colton Joint Unified School District and is a product of the school district. He finds it personally offensive that people complain about the school distrct who haven't attended the schools, haven't seen the programs, the students that they graduate, and the college bound number of students they have. If you are looking to find answers and the truth to an issue you need to go to the people who know the most about it, that would be the students who attend the high school or have attended, the people who work there or for the district. This issue has been before the community for a long time and it is tearing this community apart and will continue to do so unless this issue is put to rest. He expressed his hopefulness that this issue may be put to rest with the defeat of Measure N. He will continue to stand by the Colton Joint Unified School District. He urged the City Council to make amends with the school district for the damage that has been done. There has been tremendous damage done by this campaign. This issue will not go away until we can get past the anger that has been going on since 1989. Local control is not the issue, the problems that Colton Joint Unified School District is not the issue, the problem is that the people who started this issue in 1989 won't let it go, they need to let it go. He stated that he feels a tremendous relief that this was finally put to a vote and the people defeated it, through all the lies from the proponents. The real issue here is to move ahead as a City and mend the wounds that were created by this issue and start working together to make Colton High School an even better school. He urged the community to work together with the school district, to attend the programs that they put on and get involved. Jim Burns, Southern California Edison Co., Edison International; he updated Council on the restructuring of the electric industry in California. On December 29, 1995, California Public Utility Commission made a decision that the restructuring of the utility industry in California will take place on January 1, 1998. On that day and through the next five years the restructuring will take place. At the end of that 5 year period everyone will have the opportunity to buy electricity from anyone who is selling it. Edison International is the new name for Southern Calilfornia Edison. Since deregulation will be happening and the consumer will have a choice of who they are going to buy electricity from. He reported that he gave a promissory note to the City Manager Council Minutes 03/28/96 Page 7 promising that on April 15, 1996 he will be giving a check to the City in the amount of $65,000.00 for the privilege of doing business with the City of Grand Terrace. Rates are a big issue in California. On May 1, 1996 assuming that the Public Utilities Commission approves it they will be reducing the electric rates by 5.5 %. In addition to that, if approved, in June you will receive a one time rebate on your electric bill which will be approximately 30 to 40 % of that bill. He stated that it is illegal to place political signs on the electric poles, placing signs on the poles undermines the integrity of the poles and places their employees in a dangerous situation. Edison like all major corporations is right -sizing, they will be losing several hundred if not thousands of employees due to a early retirement package that they are offering. Mayor Matteson, questioned why Edison is lowering their rates now versus the last few years. Is it because of competition? Jim Burns, stated that the rate structure calculation is based on the previous year costs and many other things. During the year the cost of energy changed causing them to overestimate. That is why there is a rebate. They are getting prepared for restructuring and would like you to think of the Edison company when this takes place. City Manager Schwab, stated that Mr. Burns requested that a letter be written to the Public Utilities Commission commissioner in opposition to seasonal rate adjustments. He questioned whether there has been any movement on the seasonal rate adjustments. Jim Burns, stated that they have decided to postpone their decision until April 10, 1996, although, the feedback is that they will more than likely back off of that issue thanks to all of the letters. Councilmember Hilkey, questioned whether or not the cyclers program will be discontinued with the deregulation. Jim Burns, responded that those programs are still up in the air. He stated that the way it is probably going to be structured is that the programs will be a line item on your bill. If you as a consumer decide that you want to pay for those programs then they will be included on your bill. Councilmember Hilkey, stated that in Grand Terrace there are a lot of all electric homes and questioned how this is going to affect them. Jim Burns, stated that the affect is going to have a downward trend on electric rates. The real competition is going to be in the generation of the electricity, the distribution, and the transmission which are all fixed costs. If the competition gets into the generation of electricity it is entirely possible that the bill may go down. He stated that he doesn't anticipate the electricity rates going up in the near future, Edison has frozen their rates with the exception of them going down. He stated that it shouldn't affect the all electric homes any differently. Mayor Matteson, stated that he received calls daily in regard to Proposition N. Each side was complaining about the other. The election is now over and the results are in Council Minutes 03/28/96 Page 8 and we must get back to working as a City. This City has been successful because of the volunteers who work in the City in every aspect. It would benefit the City to work together. He stated that he talked to people from both sides who are anxious and willing to get together and work as a community. Councilmember Sin lg_gy, stated that this issue began a few years ago. The Mayor and Council has taken a neutral stand on this issue, which we have been attacked for. The reason for the neutral stand is to encourage free speech, everyone knows that this Country was built on the democratic process. He has seen a very passionate issue for the past two months. He stated that he feels that the Mayor was correct in taking that stand to be in a neutral position and the Council agreed with him on that issue. Free speech did occur and the citizens of Grand Terrace did have their right to free speech. It is over, and now it is time to work together. Our most valuable asset is our children, they hold the key to our future and that is why it was a very passionate issue on both sides. You can take pride in the fact that the system does work and that everyone was given the opportunity on both sides. In defense of the City Manager, regarding the televised candidate forum, he feels that he made the right decision. Both sides of this issue had the opportunity to have candidates on the ballot. The proponents obviously were a major part of the campaign but the forum was put on by a non partisan group, The League of Women Voters. It wasn't the decision of the City Manager to have candidates that were for Measure N only. He feels that the City Manager should be commended for how he handled this issue. This issue has generated a great interest in this community and local government and that is how this City is run. Councilmember Buchanan, the political process, particularly the election process is not usually a pretty process and it wasn't in this case. This was a very deeply felt issue on the part of people on both sides and a very confusing issue on the part of the people in the middle. The electorial process may become hostile and personal and allegations from both sides as there was in this particular case. Campaign signs disappear and campaign signs go up where they don't belong. This has been the case since the electorial process began and it will always be the case. The only thing that will change is when the public starts refusing to support candidates or positions whether they believe in them or not. He expressed his concern with that taking place. When the election is over the issues that are voted on linger for a long time. The process has run its course. He stated that he would have been disappointed to see legal maneuvering that would have prevented the process from taking place. He also stated that he recognizes that this has been a very devising issue for this community and believes that it is important to work toward moving forward. It is important for the ugly side of this election to fade into history. He stated that he doesn't expect people on both sides that have been personally attacked or feel that they were personally insulted by how the election process happened to immediately forget, that is not human nature. Some people are going to remain deeply affected by how the process works. As a community Grand Terrace has distinguished itself for its ability to rally behind its community, its people, its volunteers. This community is an outstanding place to live. He stated that this City Council of this city government owes no one an apology. The Council did not take a stand as a Council on this issue, certainly Councilmembers had a view point. One of the councilmembers was very active as a proponent and one of the Councilmembers came out publicly as an opponent. Some of us did not come out publicly one way or the other. We all voted one Council Minutes 03/28/96 Page 9 way or the other but haven't asked one another which way we voted. He stated that as an individual he looks forward to the process of insuring that the children of this community get the best possible education that they can, that is what is important and feels that as a community that is what should be important. Whether forming our own school district or seizing a larger voice or higher ground within the existing school district. This is a community that is intensely and deeply concerned about the education of our children so lets ensure that the children are the winners regardless of how you wanted to vote on Measure N. Councilmember Hilkey, stated that political signs are an eyesore and is a form of graffiti, however, you can't do much about them. He thanked the staff for promptly removing the signs in town and feels that it is an improvement of the landscaping in our community. He questioned whether or not there is a City that has successfully banned political signs. City Attorney Harper, stated that it is the constitutional right of free speech for everyone, so the ability for a community to regulate political signs is very difficult. Mayor Matteson, stated that he has allowed extra time for the citizens of Grand Terrace to speak on the issue of Measure N and believes that this is the first step in the healing process. He encouraged others who have strong feelings regarding this issue to come to the next Council meeting and talk about them. As a community we need to get back together and work together. Councilmember Hilkey, stated that he has been talking to Jenny Garcia in regard to space for the recreation programs. She will be working with the Colton Joint unified School Distrit board members to see if there is some way that we can utilize some of their facilities for our programs. Cindy Ludvigsen, P.O. Box 409, San Bernardino, CA 92407; stated that she is the attorney that represents Mr. Halstead and thanked Council for allowing her to speak out of order. She stated that in November of 1994, Mr. Halstead was brought before the City Planning Commission on the charge of maintaining a public nuisance. The Planning Commission pursuant to the procedure heard his dispute and appeal of that charge and found that there was no nuisance. At that time Mr. Halstead understood that he would need to file a Conditional Use Permit to conduct weddings, family reunions, and those types of events on his property. Within a month after that hearing of that Planning Commission he submitted a Conditional Use Permit application that had been prepared by an architect with his assistance with what he thought was necessary to be included. That application was rejected by the Planning Department and sent back with a long list of conditions that he must meet before he could file an application for Conditional Use Permit and the conditions included parking requirements, grading requirements, types of things that indeed might be arguable conditions that could be imposed on a Conditional Use Permit but there is certainly not, in her opinion, any legal authority either in State Law or Municipal Ordinances to require those improvements before he could submit an application for a conditional use permit or to require that those improvements be made without granting a Conditional Use Permit. He had some discussions in an effort to try to find out what to do and was told to meet those conditions make those improvements Council Minutes 03/28/96 Page 10 and then re -submit his Conditional Use Permit application. He at that point was frustrated and simply did not know what to do. Last May or June he received misdemeanor citations for code violations and it is at that time when she got involved. Those citations were for illegal parking and an illegal outdoor festival and at time noise allegations. At that time she began contacting the City Attorney and expressed their concern that the Conditional Use Permit had been wrongfully rejected and understood that there was an understanding that those types of conditions at an attorney stand point could not be imposed on the application itself. However, they were advised that the R-2 Zone that Mr. Halstead's property is in did not permit this type of use with or without a Conditional Use Permit and that a Zone change would be required. She questioned which zone it should be changed to, after going through the City Zoning Code attempting to see where this use would be zoned, it was not listed. The specific use was not defined but there were specific uses that were similar for example, churches, outdoor recreational facilities, quasi -public facility, senior center and those types of things that are frequently rented out for events such as weddings, family reunions, anniversary parties and things like that were permitted in the R-2 and some other zones with a Conditional Use Permit. She believes that in the R-2 Zone with a Conditional Use Permit, the type that Mr. Halstead is proposing can be done. If that's not the case, she questioned what they should change it to or what they should apply for as a change of zone. They were told that they could not tell them that, and they were told to apply for a Determination of Use, which was done. At the Planning Commission meeting was the first indication that staffs recommendation was that this use should be in manufacturing or administrative professional zone and that they would need to have a zone change for that. She feels that staff could have told Mr. Halstead that before filing a Determination of Use application and feels that either zone is not an appropriate zone. She stated that it is not a manufacturing facility nor is it a professional office. Churches and out door recreation facilities are what they believe are the similar types of uses. She questioned what the definition of a general assembly and out door festival is. No where in the code is a definition so they are unsure of whether or not Mr. Halstead has violated the code or not. She received some communication from the City and stated that there is no definition of general assembly in the code. Staff stated that they have a definition that they use and gave their understanding of it. However, the use is not specifically listed among the various zoning codes and uses. She is not convinced that this is a general assembly use. Mr. Halstead listed in his original application to the Planning Commission specifically what he intends to do, hold weddings, family reunions and anniversary parties, one per day mainly on the weekends. He has indicated that he will apply for a Conditional Use Permit. The staff report tonight implies that if the City approves this use in an R-2 Zone that anyone in an R-2 Zone can do this type of business, that is not correct. They can do this type of business if they come in and apply for a Conditional Use Permit and Council approves it and places conditions. They have never contended that this is a permitted use in an R-2 Zone. It is a conditionally permitted use. She believes that it is quite similar to other conditionally permitted uses in the R-2 Zone, particularly the church and the quasi -public facilities uses. She referred to the churches and the amount of use that they get during the week. She stated that they are used frequently for a great number of activities. She believes that Mr. Halstead's proposed use would be less frequent than most churches are used. She stated that she believes that this would be a conditionally permitted use and it would not apply to all R-2 Zoned properties and only permitted after there is an application for a Conditional Use Permit, public hearing, and Council Minutes 03/28/96 Page 11 an opportunity for neighbors and others to be heard. She also pointed out that Mr. Halstead's neighbors support this use of the property. There is one neighbor that has complained. She expressed her concern with the audio tape that was brought in by that neighbor and believes that it is not a true representation of what goes on. She also pointed out that the complaining neighbor runs a business out of his home and they believe that there have not been any code enforcement activity directed towards that business. One of the big complaints has been that this is a business being run out of the home. She believes that this use has been accepted by the neighbors and they are here tonight to let you know that they accept this use. There is a discussion in the staff report in reference to recreation facilities and an indication that those apply to pools and family game rooms, again she stated that she has looked for definitions of recreation facilities in the zoning code and did not find them. In all of the residential zones it talks about the type of housing that is permitted and the accessory structures that are the swimming pools, guest houses all of which are conditionally permitted. Sun rooms are permitted accessory uses in a residential zone. It also talks about other uses which lists outdoor recreation facilities which is a conditionally permitted use which is similar to the use that Mr. Halstead is proposing to do as well as similar to churches and Quasi -public facilities. The City and the water company when making street improvements put dirt onto her clients land which he permitted, yet that is some of the grading that City staff has objected to. Her client did not do that grading it was done by the City and the water company. In her review of the City planning file, she found that City staff solicited complaints against her client and actually contacted clients that had been married there and asked if they had complaints about their weddings and the operation of the facility. There are quotes in the file that state that they have so and so seeking more complainants. She stated that she has her own opinion as to the legality, but at the very least it is not something that should be allowed. The back part of the property is zoned for manufacturing and is vacant at this time, on the other side is the railroad easement, and there are homes across the street. They have made numerous efforts to resolve this matter and to receive some clear direction. They have requested to be permitted to come before the Council with a Conditional Use Permit application and to move forward and to resolve these constant problems. She has suggested along with her client to try to narrow the issues and discuss them and try to understand the concerns beyond apparent personal differences between her client and staff members. She has suggested meetings with the City Manager and Council and the City Attorney. She noticed that in the minutes of the Planning Commission that someone questioned whether or not anyone has ever tried to meet with the City Manager and talk about this issue, they have tried to do that and have never been given that opportunity. She believes that her client has a use which is beneficial to the City and believes that the process that he has been forced to go through is astounding to her. She doesn't believe that a zoning change is necessary due to the way the uses are set up. This use is not a commercial or manufacturing use and is not permitted by right in any zone, granted it's not clearly defined in the Zoning Code. She feels that her client's use is unique and is most similar to the outdoor recreation facilities or outdoor events. It is also similar to a church and a Quasi -public facility which is limited in the number of people and time of operations of events. She believes that it is similar in nature to the conditionally permitted uses in an R-2 Zone and Ll that Mr. Halstead should be given the opportunity to submit his application for a Conditional Use Permit and have it go through the normal process without City staff seeking more complainants or throwing other obstacles in the path. She welcomed any Council Minutes 03/28/96 Page 12 opportunity to meet with the City Manager or the Council to try to resolve these issues. She believes from a legal standpoint that her client can file a Conditional Use Permit for this use in this R-2 Zone and that he should be given a fair opportunity to present that application and be heard without obstacles and interference from staff. She expressed her hopefulness that the Council would make the determination that this is a conditionally permitted use in an R-2 Zone and permit him to submit an application and determine what and if certain conditions should be imposed on that project. City Attorney Harper, stated that this hearing is not to determine whether or not a nuisance exists on the property, whether staff has or has not solicited complaints. He instructed staff and those who speak on this subject that there is only one issue before the Council tonight and that is whether the type of use that is proposed by Mr. Halstead is sufficiently similar to those uses allowed in R-2 Zone. It can be either allowed without a Conditional Use Permit, or allowed with a Conditional Use Permit. He encouraged the Mayor to keep this in mind during the comments. This is the only issue that we are commenting on, everything else is irrelevant and encouraged staff not to respond to items that are not relevant to this issue. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee (a) Minutes of 02-05-96 CC-96-18 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to accept the Historical and Cultural Activities Committee minutes of February 5, 1996. 2. Crime Prevention Committee (a) Minutes of 01-08-96 CC-96-19 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to accept the Crime Prevention Committee minutes of January 8, 1996. 3. Parks and Recreation Committee (a) Minutes of 02-05-96 CC-96-20 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to accept the Parks and Recreation Committee minutes of February 5, 1996. Council Minutes 03/28/96 Page 13 4. Emergency Operations Committee (a) Minutes of 01-16-96 CC-96-21 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to accept the Emergency Operations Committee minutes of January 16, 1996. 5B. Council Reports Mayor Matteson, reported that he attended a meeting today with the Assistant City Manager, Mayors, Councilmembers, and the Sheriffs Department in Highland. This year again we are getting hit with a hefty increase in our police protection, last year it was over $100,000.00 and this year it is going to be 3 % cost of living plus a 5.7 % service overhead charge which totals about $90,000.00 above the $100,000.00 that we had last year. The problem is that in the same time that our police protection cost is going up our funds have been going down. The State has been cutting us off by passing it on to the County and then the County passes it on to us. The agreement that most of the contract cities have with the Sheriff s Department is to fight the increase as best they can and even take legal action. Our strong ally is the Sheriff, he is supporting the cities all the way. It is going to be a fight. The biggest problem is that we don't have the money to absorb the increase. He requested that each of the councilmembers send letters to the County Supervisor stating their opposition to this increase. He also reported that Saturday was opening day for little league and that he was dropped off in the filed by the Sheriffs helicopter and threw the opening pitch. Councilmember Singley, apologized for missing the last two Council meetings he was out of town training and was unable to attend. He reported that he attended the SANBAG meetings and will be attending the SANBAG Conference in Monterey with the City Manager. He also reported that he attended the Gang and Drug Task Force meeting. Dr. Fisher stated that there are grants out there that deal with drug problem juveniles. Studies done by Cal State San Bernardino show that kids that go through the DARE program compared to those who don't show no difference, which is a major concern to most educators today. It is such a concern that the Superintendent of Schools has authorized four $80,000.00 grants to study this problem and institute ways to alter drug and alcohol use in students of Jr. High and High School level. This is something that they are working hard at. He also reported that he attended the opening day for little league. It was very well attended. Mayor Matteson, stated that we have a good little league program and over 95 % of the players are from Grand Terrace. Councilmember Hilkey, reported that the gymnastics program that is offered by the City's Recreation Services Department has a big waiting list. One of the major reasons for this waiting list is due to the lack of facilities. He requested that staff contact surrounding cities and see what their relationships are with their school districts in relation to the usage of their facilities. He requested that they put together all the Council Minutes 03/28/96 Page 14 information and approach Colton Unified School District to see what can be done to gain access to the multi -purpose rooms in the afternoon to satisfy the void we have in facilities. He also requested that it be placed on the next agenda. He stated the Jenny Garcia will help in regards to the School District board members. Mayor Matteson, stated that the City Manager is presently working on a project right now. Riverside County is in the process of building a community center in Highgrove close to Michigan St. in Grand Terrace and they have no one to run it. The City Manager is proposing that we run the center and offer our programs there. City Manager Schwab, stated that basically the County service area in Highgrove is building a community center and fire station but the problem that they have is that the County service area has no employees and they have no way to open and run the community center. We are currently negotiating with the County of Riverside to explore the possibility of the County of Riverside contracting with the City of Grand Terrace to provide recreation programs that we will market and give to the people of Highgrove. Right now our recreation programs are open to anyone within the City and outside the City, we serve quite a few Highgrove residents. We would gear the program to serve their residents and also allow some potential access to run some new programs for both communities at the community center. Right now they are proposing to open that center for just twenty hours per week, they are interested in talking to us. Mayor Matteson, questioned if we should wait until we hear something from the County of Riverside before going to the school district. City Manager Schwab, stated that we probably should do both, the community center in Highgrove probably won't be ready until fall. If the school district will allow the City to use their facilities to run our programs that would be helpful. Part of the problem is that they charge us an hourly rate to have a janitor stand by to open and close the facility. It is cost prohibitive to pay this janitorial fee. Mayor Matteson, questioned Councilman Hilkey as to what his request is. Councilmember Hilkey, stated that he would like to have it placed on the agenda to have council direct staff to research and receive information. He also reported that he did a ride -along with the Sheriffs Department and was very impressed with the Deputy. Mayor Matteson, stated that every Councilmember scheduled a ride -along with the Sheriffs Department to get a better idea of what the department does and how it works. Councilmember Hilkey, reported that he will be attending the League of California Cities meeting on the taxation and revenue board and stated that the League will be recommending the following items and requested the Council to give their position in each item: 1. The thousand hour rule, employees that work less than a thousand hours a year do not get a PERS contribution. It was the consensus of the Council not to support that item. 2. Senate Bill 1362, the State has a way of making money on PERS contributions Council Minutes 03/28/96 Page 15 by cities. It was the consensus of the Council not to support this item. 3. They are asking for 1 % tax to give to the Cities along with that they are adding new areas that they want to tax. It looks like anyone who does any financial activity in town, if you do construction they want to tax construction at the point of business not at the point of construction, they want to tax leases, merchandise that is sold would be taxed not where it is sold but where it originated. Two of the Councilmembers were for it and one was against it. He thanked staff again for removing the political signs promptly. Councilmember Buchanan, reported that he attended the Inland Empire Division of the League of California Cities. This meeting was very well attended and had a very informed presentation by the Executive Director of the South Coast Air Quality Management District on what the South Coast Air Quality Management District is in the process of doing and where they are going. This area is cleaner now than it has ever been since the late sixties. There has been dramatic improvements. The bad news is that it's still the worst air in the Country and there is a long way to go. They are attempting to find a right balance between the economic reality and environmental concerns. New technology is starting to make dramatic improvements. The real breakthrough will be fuel cells so that electric cars will become a practical reality. The concerns of the Inland Empire Division is how to deal with Proposition 62 and the Santa Clarita decision which doesn't really have an impact on Grand Terrace. The other issue of concern is the law enforcement contracts that the Mayor mentioned earlier and the Counties proposal to add on administrative overhead charge. We are very fortunate that the Sheriffs office is actively working at whatever they can do to convince the Supervisor that that kind of revenue shift is a very bad idea. Now is the time to express concern about escalating contract law enforcement costs. PUBLIC HEARINGS 6A. Resolution - Reallocating Community Development Block Grant Funds Assistant City Manager Donlevy, stated that this item is a follow up from the February 22, 1996 City Council Meeting. At that meeting the City Council approved five (5) projects for the 1996-97 CDBG Program which include 1. Drug Alternative Programs - Public Service Project - Property Maintenance - Seniors and Handicapped in the amount of $2,000.00. 2. Grand Terrace Library - Public Service Project - Literacy - Open Library one additional day per week in the amount of $3,700.00. 3. City of Grand Terrace - Construction - Rehabilitation of Air Conditioning at the Senior Center in the amount of $2,200.00. 4. City of Grand Terrace - Construction - Install ADA Crosswalk Signal Buttons in the amount of $3,000.00. Couneil Minutes 03/28/96 Page 16 5. City of Grand Terrace - Construction - Install ADA Playground Surface at T 7 Austin Park in the amount of $36,100.00. In order to proceed with these projects, the City Council must hold a public hearing to reallocate funds from our current unallocated CDBG Program balance. Mayor Matteson opened discussion to the public, there being non he returned discussion to Council. Councilmember Hilkev, asked staff why the Oldtimers Foundation is not being funded. Assistant City Manager Donlevy, responded that in the previous year $5,000.00 was allocated for the Oldtimers Foundation and approximately $1,000.00 was used. CC-96-22 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to adopt a Resolution of the City Council of the City of Grand Terrace, California reallocating $9,000.00 in CDBG funds previously unallocated. 6B. An Ordinance of the City Council of the City of Grand Terrace Amending Title 4 of the Municipal Code and Establishing a Comprehensive Schedule for Fee Taxes and Fines for Permits, Licenses Services, Facilities. and Activities Provided by the City of Grand Terrace CC-96-23 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to continue the Public Hearing of an Ordinance of the City Council of the City of Grand Terrace Amending Title 4 of the Municipal Code and Establishing a comprehensive Schedule for Fees, Taxes, and Fines for Permits, Licenses, Services, Facilities, and Activities Provided by the City of Grand Terrace to April 25, 1996. UNFINISHED BUSINESS 7A. Multi -Species Habitat Conservation Plan (MSHCP) CC-96-24 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER HILKEY, CARRIED 4-0-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT), to approve the Memorandum of Understanding for the purpose of developing and implementing a Habitat Conservation Plan to conserve wildlife and plant species in the San Bernardino Valley thereby continuing the support of MSHCP. NEW BUSINESS Council Minutes 03/28/96 Page 17 8A. Anneal of Planning commission Decision Regarding DU-95-02. An application to Allow Outdoor Assembly Uses in the Residential (R-2) District (Halstead) City Attorney Harper, reminded everyone that the only issue before the Council tonight is the Determination of Use, which means whether or not the use as generally described by what the Halsteads are doing on their property now is sufficiently similar in character that it can be either permitted in the R-2 Zone or permitted subject to a Conditional Use Permit. This is not an approval of Mr. Halstead's project or a consideration of a Conditional Use Permit and it's not to consider what types of conditions you might place upon that general use to make it fit better in an R-2 Zone. It is to decide whether or not this use might be appropriate subject to conditions and urged the Mayor to keep everyone on that track. Councilmember Hilkey, questioned if Council is to approve the Determination of Use of Mr. Halstead in the R-2 Zone are we giving blank approval to all projects in the R-2 Zone. City Attorney Harper, responded that it depended on how broadly they defined General Assembly Use. In a sense anything that fits generally in that category might come to you for a Conditional Use Permit. Given the specialty nature of this use, you are almost considering the use as Mr. Halstead has proposed it as the defining use. You are not considering a broad spectrum of the use, you are considering whether a use of this type that Mr. Halstead is currently putting to his property is appropriate in an R-2 Zone, subject potentially to a Conditional Use Permit unless Council feels that it is appropriate without a Conditional Use Permit. Mayor Matteson, stated that Council has three options, they can approve the use in an R-2 Zone, approve it in an R-2 Zone with a Conditional Use Permit, or deny it. City Attorney Harper, confirmed the Mayor's statement and stated that if approved in an R-2 Zone with a Conditional Use Permit Mr. Halstead would have to submit a Conditional Use Permit application and then Council could consider his specific use and any conditions they feel would be appropriate. Staff is correct, that if any one else would like to do a wedding use or an outdoor assembly use in an R-2 Zone and if you've approved Mr. Halsteads use they would come to you for that same Conditional Use Permit. There probably won't be another use sufficiently identical to Mr. Halsteads that you will have to consider whether or not subject to a Conditional Use Permit. Mayor Matteson, requested that the City Attorney give a scenario for each option. City Attorney Harper, stated that if Council approves the use in an R-2 Zone as it has been described without a Conditional Use Permit it goes on in the same manner that it is currently operating. Mayor Matteson, questioned if that would be with updates. City Attorney Hamer, stated that if Mr. Halstead drastically changes the way he is operating then that would not be the use that Council approved. If Council approves the Council Minutes 03/28/96 Page 18 use in an R-2 Zone subject to a Conditional Use Permit that means that anyone that wants to bring in a use generally like what is being considered tonight may apply for a Conditional Use Permit. If the use is denied then Mr. Halstead will have to apply for a Zoning Amendment or a change of Zone of the property and surrounding areas. He also stated that he assumes that if Council approves this Determination of Use that the City will dismiss any legal prosecution, if it is denied then they will continue with the legal prosecution and go to trial. Community Development Director Materassi, The issue here involves a Determination of Use Application (DU). Any person wishing to start a use in a zone where that particular use is not listed, can apply for a DU with the Planning Commission. The Planning Commission reviews the application to determine if it was the intent of the code to permit the proposed use in that zone. A more technical explanation of the process is to determine if the proposed use is similar in nature and intent with other uses specifically listed in that district. Provided the determination is positive, a second determination will follow to evaluate the type of site -specific process needed to review the permitted use; (either a Site and Architecture Review [S&A] or a CUP). On the other hand, should the Planning commission deny the application by finding the use is not a permitted use in that zone, then the applicant would have to apply for a zoning change or amendment. The processes consists of area -wide evaluations with public input which could allow the addition of that use to the list or change the zoning of the property itself. In this particular case, Mr. Halstead applied for a DU and the Planning commission denied the application finding that general assembly uses are not similar in nature and intent to other uses listed in the Residential (R-2) District. Mr. Halstead appealed the decision of the Planning Commission to the City Council. Therefore, the DU application is in front of the City council tonight for consideration. Please note that when the City code was originally drafted, general assembly uses were considered. However, while they are specifically listed in the Commercial Manufacturing District (CM) and in the Administrative Professional District (AP), which are districts of higher intensity to support proposed uses, they are not included in the Residential Districts. This fact by itself is sufficient to support staff recommendations. It should also be noted that the determination before you is unrelated to Mr. Halstead's current business location, as it will apply to the Residential (R-2) District as a whole. A site -specific analysis is not the subject of this meeting, nor a zoning amendment. Staffs recommendation is to deny the appeal by finding that the proposed use is not similar in nature and intent to other uses in the Residential (R-2) District, which has been supported by the Planning Commission is consistent with the planning practice; is consistent with the General Plan, with the City Codes and consistent with the residential district ordinance which overall intent is to create family oriented, quiet, peaceful and safe neighborhoods. Larry Halstead, 21894 Vivienda Avenue, Grand Terrace; he stated that somehow we have skipped way ahead of ourselves by not even talking about examining or bringing up what the primary use is that he is after. The weddings and seminars and all the rest of these items are a way to support the primary use. Churches are something he feels that he has a lot in common with. If someone comes to Council and states that they want to put a church in an R-2 Zone the first thing that is going to happen is that the Planning Commission and Council are going to take that on face value and say that a Church is appropriate in an R-2 Zone, that is not what has happened with him. This has been a Council Minutes 03/28/96 Page 19 two year battle. This issue has cost him at least $10,000.00 in out of pocket expenses. He has been slandered in the chambers as well as in front of the Planning Commission. This issue has a real history and it is hard to separate it out and not talk about the other issues they are the same issues. He stated that the primary use that he is after is a nature sanctuary and if this Council wants to tell him tonight that they will fund this nature sanctuary he doesn't need to do any weddings there or rent the facilities out. The primary use is a nature sanctuary which is what the Council should be considering. The weddings are a secondary issue. He purchased this property back in 1979, from day one he immediately started landscaping it as a nature sanctuary. Landscaping is his passion and hobby, it fits with ecology and other things that he has and holds very dear to him. There is a program set up by the National Wildlife Federation that he is involved with in establishing this nature sanctuary. They have a program for back yard habitats. The National Wildlife Federation has an application process so that you can become a part of the National Computerized Registry which is more international than national of all of the nature sanctuaries around the world. They look at four elements, are you supplying water, are you supplying food, are you supplying shelter and are you supplying a place to raise the young. Paraiso Gardens has developed their own set of goals that they are after which is their use. The first goal is biodiversity, where you don't discriminate against any plant or tree and you're not hunting for simply indegenous ones. You allow anything and everything that will grow because the more stuff that will grow means the more flowers, nuts and fruit which are the food, shelter and place to raise the young. He stated that there are two councilmen that have not had an opportunity to come by the property. Every time a Councilman or City Manager has come by the property the first statement that comes out is "I had no idea." The second goal is preserving indigenous species to this area, they are looking at historical preservation of trees and crops such as the citrus industry the walnut industry and date palms that have been here traditionally over the years. They have programs which are uses that they have on the drawing board right now such as nature tours for students, seminars and classes on nature and gardening. They have a program that is very near to his heart where they plan to combine the senior citizens with young people. Senior citizens are the ones that hold the great secrets for organic gardening. They plan to work with some of the troubled youth. These are some of the things that they are trying to do, this is what the use is. How the weddings came was after a number of years of developing the property some friends wanted to have their wedding on his property. The weddings have grown out of a natural demand for using the facilities, this is not a wide scale business endeavor it is not what his number one thing is to be about, it is simply to support the nature sanctuary. Because they have their own criteria for how they want to limit the impact of weddings or any commercial type influence on the sanctuary itself as well as on behalf on their neighbors, have done all types of things to limit that impact. Most importantly they have always only done one wedding per day, it is in their literature and they have never deviated from that and have no intentions on doing so. That alone sets them aside from every other wedding facility. The fact that its not just a wedding facility it is a garden wedding facility, a garden wedding facility by its very definition means that these clients don't want to go to an administrative, commercial district or anything of that nature they want to go to nature. He addressed the entire issue of compatibility of this use with the weddings as a secondary use with the R-2 Zone and with that neighborhood. The R-2 Zone under the codes and guidelines allows for things that have already been mentioned, public or quasi -public facility. He feels that all of the reasons that the Council Minutes 03/28/% Page 20 Community Development Director stated that he didn't qualify as a quasi -public facility is really all of the reasons why he does. He stated that he has put every dime that he has earned into the property and it is already operating as a non-profit organization and intends to file that status as soon as they are able to devote resources to pursuing that. This nature sanctuary is an incredible opportunity for the City of Grand Terrace and it is a service to the City. He would really like the city of Grand Terrace to come on board. He doesn't want complaints solicited and other harassments. City Attorney Harper, questioned Mr. Halstead whether he is open to the public and if he advertised for the nature conservatory the same way he advertises for the weddings. Mr. Halstead, stated that directly under the use of the nature conservatory they are not selling anything so they do not advertise. It is his gift to the City. He also stated that he purchased two and a half acres and is dedicating the entire property to the nature conservatory and he plans to will the property to either the Nature Conservancies or the Wildlife Federation. City Attorney Harper, stated that what Mr. Halstead has been arguing is that he is similar to a church and quasi -public facility but what he is actually saying is that he is not open to the public and you don't approach by either advertising or acceptance of off the street traffic as a church would. Mr. Halstead, stated that they want to maintain the privacy and seclusion and the integrity of the nature sanctuary by not just having it as an open park or else the wildlife is chased away and there is no control of regulating it. He also stated that it is not just a public facility it is a quasi -public facility as well. It is his hope that he can get the support not only from the community but from the Council then set this nature conservatory up as something that our City can be proud of and that we are doing a major contribution toward the overall ecosystem, toward conserving nature, toward conserving indigenous species and this can be a showcase that the entire City of Grand Terrace can be proud of, so in that sense is the quasi -public facility. City Attorney Harper, questioned Mr. Halstead as to what type of wild life he had in his nature conservatory. Mr. Halstead, he responded that they focus on introducing to the nature sanctuary largely almost exclusively but not entirely botanically related. City Attorney Harper, stated that it is plant life opposed to animal life. Mr. Halstead, responded that this goes back to water, food, shelter, and a place to raise the young. The rest of the wild life being birds, mammals, etc. show up. In nature sanctuary terminology if you have water dripping from a fountain or flowing out of a water fall that is called announcing and birds pick up on that. City Attorney Harper, stated that he is trying to distinguish the difference between Mr. Halsteads nature sanctuary and his backyard. Council Minutes 03/28/96 Page 21 Mr. Halstead, stated that he doesn't want to discourage any one from planting wildlife. The Wildlife Federation says that even if you live in an apartment there is something that you can do. City Attorney Harper, stated that what he is trying to do is figure out, on behalf of the Council, what Mr. Halstead is doing. Take the apartment example, no one would argue that you couldn't run a business out of an apartment on the excuse that it was secondary to the bird feeder that you have hanging on the back patio. That clearly can't be done. So we are trying to get to the other end of the spectrum where it's in fact a nature conservatory opposed to somebodies single-family resident with a nice yard. Mr. Halstead, stated that if the City would fund his nature sanctuary right now he would sign an agreement and he would end this issue now and turn this sanctuary over to a public trust. He addressed the church aspect, he feels that the church is the one thing that they have the most in common with, while that has obviously got passed by the Planning Commission. You start out with a nature sanctuary compared to a religious sanctuary, you have the minister that is espousing the wonders of God and we are out there planting the wonders of God. The services that are held at Paraiso Gardens are all religious ceremonies, they have never had anyone equivalent to a judge or a justice of the peace come out and perform a service. When the ministers are there they go at length about all the references to gardens in the bible. Like a church they also support themselves by allowing people to use the facility. They have much more in common with a church than not in common with a church. City Attorney Harper, questioned if Mr. Halstead has non-profit status. Mr. Halstead, responded that it is something that they are working on. It is a fairly lengthy and difficult process, but he has lined up the right people to do that job. Partly it's a finance thing, he can finance a fight against the City trying to criminalize nature or he can put the money toward developing a non-profit status, it's on the drawing board and that is his intention. City Attorney Harper, stated that as a practical matter filing an application for non-profit status/tax-exempt status in California for many, a corporate lawyer will cost you $2,500.00 and depends entirely upon the use. The uses are set forth in the code and is fairly unmanning, for example a church doesn't have any difficulty doing this. It's not difficult if you really want to be non-profit and operate as a non-profit entity. Mr. Halstead, stated that he sees it just exactly as City Attorney Harper describes it, and the $2,500.00 fee is right in there and that is a consideration. He has spent at least that already in fees to the City and many times that much in attorney fees. He asked that the Council understand that this has been a two year nightmare for him and he wants to get this resolved and have the City cooperate and come on board. He stated that he covered the areas that are areas within the code, the churches, quasi -public facility, and recreational facility are all uses that they have a lot in common with. He feels that he has nothing in common with a commercial district or the rest that was proposed by the Planning Department. The next item that he addressed, which he feels is more fundamental to the compatibility use issue is the compatibility of that particular R-2 Zone Council Minutes 03/28/96 Page 22 and what is happening over there. Paraiso Gardens, if you look at the map, stands basically on an island by itself. It is bordered on two sides by streets, bordered on one side by a railroad track, bordered on the back side by wilderness parts of the City of Colton. You are not setting any precedence here tonight, no matter what is decided, if Council decides to approve this use with a CUP all that is being said is that he is like everyone else that gets to go through the CUP process and that process will decide what limitations and conditions will be imposed upon that project. Nothing is going to change. It is highly unlikely that someone else wanting to do garden weddings and nature sanctuaries and they have two and a half acres and are all bordered by streets and railroads. He feels that it is very important that this Council understand some of the mitigating factors in his neighborhood. They may be in an R-2 Zone but they are R-2 Zone like a little tiny island. They have a freeway to the east of them by a half a block, less than half a block they have Stater Brothers Wherehouse, which is actually in the city of Colton, and they put up with their noise and trucks on their street all the time. The commercial part of Barton Road is half a block to the South of them. They have two railroads near their property and two pumping stations for two entirely different water companies with motors that run all night long that you can hear from all over. They have a huge ugly water tower sitting near and all the wilderness area behind that the City of Colton does not regulate or control so the motorcycle riders with illegal mufflers are riding down there along with the local resources chasing them off. There is a lot of commercial impact of the area so that is something to keep in mind when considering this particular R-2 Zone. Furthermore, he feels that the most important thing is their neighbors, unlike what has been told here tonight, their neighbors have been noticed and they are responding. He stated that included in the packet that he has given Council there are numerous letters and a petition that basically addresses this issue. Every single neighbor that was approached signed this petition. The complaints are coming from one neighbor, he feels that his problems aren't with him that they are something else. On the many times the Sheriffs Department has been out on calls they have never had to take any kind of enforcement for excessive noise or illegal parking, in fact when the citation's were given, they had been previously filled out in advance, excessive noise was crossed out by the deputy. They have routinely, when this particular neighbor has called the Sheriffs Department, sat in his driveway and stated that they don't hear any noise or see one vehicle. He stated that he will challenge anyone who says that there was one single illegally parked vehicle on Grand Terrace Road all of last year throughout the weddings. They manage everything, all parking is valet if they park on the street they will be towed away. The D.J. has a two page contract in regards to the volume. They are strict on these issues because they want to be good neighbors and because of this they go and speak with their neighbors and their neighbors give them feedback. Their neighbors have repeatedly come in to the Chambers in front of the Planning Commission, have spoken out and intervened when the Sheriffs Department was out. They see this beautification and the value of their property going up. They support Paraiso Gardens because it is not interfering with them or the peace in the neighborhood. The two neighbors that are the closest to him have never been contacted. He feels that when you look at the codes and you look at how the codes are written they are not as strict as they are being represented here. They are written so there is some flexibility and there is flexibility along every step of the way, including the interpretation of the uses and including the CUP process and the kind of restrictions and conditions that are put on at that point. All of it is meant to be flexible. The City of Grand Terrace to date does not Council Minutes 03/28/96 Page 23 have a definition for what he is under criminal prosecution for which is an outdoor festival without a permit, there is no definition for that, that is the number one thing that he is facing fines on. There is not a clear definition of an outdoor assembly. He stated that Councilmen Buchanan and Singley have not yet had an opportunity to come out to his property and he welcomes that opportunity. He believes that this City Council represents a group of very reasonable and rational individuals. He feels that he is not asking for anything irrational. He feels that he is doing something that is not only compatible with the R-2 Zone but something that is compatible with the neighborhood and compatible with the neighbors. He stated that he would like the appeal to be granted, but he also would like this to be if nothing more at least an introduction to some of the Councilmembers that have not had an opportunity to see the property and to realize that it is a lot more than weddings. There is a huge potential for a nature sanctuary that can be a showcase. He thanked Council for their time and urged their cooperation. Jerry Guthrie, 21769 Vivienda Avenue, Grand Terrace; urged council to vote to end this issue that has been going on in their neighborhood and allow Mr. Halstead to operate in the neighborhood, not only in the neighborhood that he resides in but the neighborhood that he grew up in and has spent the last thirty years in. To allow him to proceed with the weddings. He stated that he feels that he can speak for most of the neighbors. Most of the neighbors are silent regarding the issue. His immediate neighbors have no objection to what Mr. Halstead is doing. They do have an objection to what is going on as far as the retaliation on what should have been a fairly simple matter. Larry Halstead has made improvement to this property. When he purchased this property it was an old run down farm house and an old run down cow pin. Larry has taken that property and created a beautiful garden and has improved the value of all of their properties. He has made so many improvements, that if you look around the neighborhood today all of the neighbors are getting on the band wagon and are beginning to make improvements as well. This means a lot to everyone in the neighborhood. Larry is like a leader because he is out there working everyday encouraging the rest of the neighbors to do the same. Larry has always been very conscientious when a wedding is going on and visits the neighbors to get feedback and to make sure that there was no intrusion on their privacy. The traffic problems do not exist. When there is a wedding going on you have to look very carefully to see if there is something going on on his property. He has gone to great lengths to alleviate any kind of noise problems by building a sound wall planting landscape. Due to the landscaping that he has done you can hardly see the cars that are parked on his property. He urged the Council to vote to allow Mr. Halstead to continue with his operation in their neighborhood without even a Conditional Use Permit. Everything that Mr. Halstead has done this far has been an improvement on Vivienda and that neighborhood. He also asked that when Council considers voting on this item to take a look at the neighborhood and the improvements that have been made in all of the years since Mr. Halstead has been there. Terri Halstead, 21891 Vivienda Avenue, Grand Terrace; stated that she is the neighbor directly across from Mr. Halstead. She requested that Council keep in mind what the neighborhood looks like when considering the vote. She stated that Mr. Halstead's property sits on a terrace with land all around him. The music goes towards the meadow. He has plans to create water for the blue crane that come through. There will Council Minutes 03/28/96 Page 24 be some wildlife that is rare that they will be seeing. She feels that this use is very compatible. She feels that this is bringing something to a part of Grand Terrace that needs this kind of improvement. If you look around at the graffiti that they are constantly having to battle on the bridge and some of the younger people that are walking around it's really fortunate that there is someone like Mr. Halstead on that particular corner. If Mr. Halstead were no longer there, the neighborhood would be in a lot of trouble and just the opposite is happening with the development of his property. She feels that he is creating something that she is very proud of for Grand Terrace and it would benefit the City to support this use. She offered her assistance to make things go smoother and suggested a new joint venture with the City of Grand Terrace. Barbara Pfenni hghausen, 22111 Ladera Street, Grand Terrace; stated that this is a unique project on a unique piece of property. To try and categorize it as fitting in with all other pieces of R-2 Zoning is a wrong thing to do. There probably is no other R-2 area that can be developed that does have all of the characteristics to the north of it such as water tanks bordered by two railroads and until quite recently a fighting cock ranch and a flood control problem that the City has finally solved. It is a unique place and a beautiful place compared to what it was ten to fifteen years ago. She expressed her concern to see this become such an issue when it could be so simple. It is all by itself and its unique and it isn't like any other R-2 Zone. She urged Council to grant this appeal. Councilmember Singley, stated that he did drive by Mr. Halstead's property. He stated that he doesn't believe that the use if it's in an R-2 district, whether it falls in another district is not the issue. Under the guidelines of a church it is required to be on three acres. The garden is nice, but on the brochure it doesn't state anything about the money going toward the gardens. It is a basic business that does not fall into a R-2 Zone and he stated that he can't support it. As Ms. Pfennighausen stated he agrees it is a unique piece of property and maybe it shouldn't be zoned R-2 but that is a different issue. Councilmember Hilkey, stated that he believes that it would be a mistake to rezone that area. The property is impressive and delightful, however, his biggest fear is that he is going to open the paper and find that thirty people in the gazebo fell down the hill. The music can be controlled, the walk ways are pretty but they are not lighted and at night can be dangerous. He stated that if the Council was to approve the use they would be liable for the gazebo that Mr. Halstead has not addressed. City Attorney Harper, stated that if the use was approved conditionally, Mr. Halstead could not conduct business until all of the conditions were met. Councilmember Hilkey, questioned whether or not the City would continue the lawsuit if the appeal was granted and a Conditional Use Permit issued. City Attorney Harper, responded that his suggestion would be that if Council did decide to grant the appeal subject to a Conditional Use Permit that we would not do anything until the Council or Planning Commission decided whether or not they were going to issue a Conditional Use Permit. He could not have a wedding until all of the conditions were met and obtained a Conditional Use Permit. Council Minutes 03/28/96 Page 25 Councilmember Buchanan, stated that he has not been able to arrange for a tour of the interior of the facilities, however, he has driven by there. He takes at face value all of the comments that have been made by the residents about the improvement to the neighborhood and the quality of the program that is run by Mr. Halstead. He has no doubt that he is trying very diligently to make as low an impact as possible and as great an improvement as possible on his property and that neighborhood, however, the issue that brings them here tonight is whether or not the wedding, reunion, party type out door uses are the type of use that had the council thought about it at the time included it in the R-2 Zone and his conclusion is the same as Councilman Singley, it is not. Maybe it is just a strict legal interpretation but that is the perspective that he brings to this issue. He looked at the types of uses that are identified and the type of use that is proposed and compared the two and decided whether there are uses that would have been included in the R-2 Zone. He doesn't believe that it is an outdoor recreation facility or very similar thereto, or a church or very similar thereto, or even meets the definition of a quasi -public facility. There have been comments made about the commercial impact surrounding this property, maybe it shouldn't be R-2 Zoned. There were comments about it being unique and that this parcel doesn't fit in the same as other R-2 parcels, so maybe the R-2 Zone is the not the proper zone for this parcel. There may not be an existing zoning designation that really meets what is needed for this particular parcel, that is something that needs to be explored. The legal view that he brings to this job and consideration is that he has to look at that type of use not Mr. Halsteads specific use. Council has guarded residential neighborhoods from commercial activity, we do not want residential neighborhoods adversely impacted by commercial traffic, customer traffic and there is no question that a commercial use is being made. This particular piece of property may be best served by the use that Mr. Halstead is making of it in the manner that he is making it, maybe there needs to be some fine tuning. He feels that this Determination of Use is not appropriate under the circumstances and therefor he would have to vote to deny the appeal. Mgyor Matteson, stated that he has visited Mr. Halstead's property and found it to be quite quaint. There are several things that are wrong with the property that need to be addressed. He feels that with a CUP the Council could require him to make the improvements. He stated that he doesn't have a problem going with a CUP and list all of the items that need to be addressed. CC-96-25 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER BUCHANAN, FAILED 2-2-1-0 (MAYOR PRO TEM CARLSTROM WAS ABSENT, MAYOR MATTESON AND COUNCILMEMBER HILKEY VOTED NOE), to deny the appeal of the Planning Commission decision regarding DU-95-02. An application to allow outdoor assembly uses in the residential (R-2) district (Halstead). City Attorney Harper, stated since the motion fails the Planning commission decision stands. The appeal is not granted. Mr. Halstead, requested some direction and that this be brought back to the Council so that Mayor Pro Tem. Carlstrom can be present and vote on the use and so that the Councilmembers that have been unable to visit the property can do so. Council Minutes 03/28/96 Page 26 8B. Consideration of City Engineer Contract CC-96-26 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER BUCHANAN, CARRIED 3-0-2-0 (MAYOR PRO TEM CARLSTROM AND COUNCELMEMBER SINGLEY WERE ABSENT), to approve the contract and appoint William Addington as the City Engineer. 8C. Reschedule Aril 11 1996 City Council Meeting CC-96-27 MOTION BY COUNCILMEMBER BUCHANAN, SECOND BY MAYOR MATTESON, CARRIED 2-1-2-0 (MAYOR PRO TEM CARLSTROM AND COUNCILMEMBER SINGLEY ABSENT AND COUNCILMEMBER HILKEY VOTED NOE), to reschedule the April 11, 1996 City Council Meeting to April 9, 1996 at 7:00 p.m. CLOSED SESSION None ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 10:47 p.m., until the next Regular CRA/City Council Meeting which is scheduled to be held on Tuesday, April 9, 1996. CITY CLERK of the C iy of Grand Terrace of the City of Grand