Loading...
06/12/1997CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - JUNE 12, 1997 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 June 12, 1997 at 6:00 p.m. PRESENT: Byron Matteson, Mayor Dan Buchanan, Mayor Pro Tem. Herman Hilkey, Councilmember Jim Singley, Councilmember Lee Ann Garcia, Councilmember Tom Schwab, City Manager John Donlevy, Assistant City Manager Brenda Stanfill, City Clerk Bernard Simon, Finance Director Patrizia Materassi, Community Development Director Virgil Barham, Building and Safety Director John Harper, City Attorney Lt. Mike Howell, Sheriffs Department ABSENT: None The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh-Day Adventist Church, followed by the Pledge of Allegiance led by Councilman Herman Hilkey. SPECIAL PRESENTATIONS 2A. Norcal - Presentation to City for Make -a -Difference Day Susan Patane, Education and Community Relations Manager for Norcal San Bernardino, reported that San Bernardino County along with 24 cities participating in Make -a -Difference Day won one of the ten best projects in the Nation Award and presented a certificate to the Council. 2B. Chamber of Commerce Presentation - Business Directory Don Larkin from the Chamber of Commerce announced that the Community and Business Directory is complete and will be arriving to all of the residences and businesses throughout the City. He presented the Council with a Directory. CONSENT CALENDAR CC-97-92 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER HILKEY, CARRIED 4-0-1-0 (COUNCILMEMBER SINGLEY WAS ABSENT), to approve the following consent calendar items with the removal of item 3E: Council Minutes June 12, 1997 Page 2 3A. Approval of check Register No. 061297 3B. Ratify 06-12-97 CRA Action 3C. Waive Full Reading of Ordinances on Agenda 3D. Approval of 05-21-97 & 05-22-97 Minutes 3F. Council/City Manager, Travel to League of California Cities Mayor and Council Members Executive Forum ITEM REMOVED FROM CONSENT CALENDAR 3E. Adont FY 1997-1998 Budget Resolution CC-97-93 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER SINGLEY WAS ABSENT), to adopt a Resolution for the 1997-1998 Fiscal Year Budget of the City of Grand Terrace with estimated revenues of $4,983,735, use of available fund balance of $126,163, interfund transfers of $130,166, for a total source of funds of $5,240,064 and total estimated expenditures of $4,743,301 PUBLIC COMMENT Larry Halstead, 21894 Vivienda Avenue, expressed his dissatisfaction with the legal battle that he is in with the City of Grand Terrace in regards to Paraiso Gardens. He stated that in August of this year he will be in County Jail for thirty days for violating the Grand Terrace Municipal Code by holding garden weddings in a residential zoned area. City Attorney Harper, responded and clarified some of Mr. Halstead's comments. He stated that Mr. Halstead was found guilty of violating the City's Ordinance prohibiting a business in a residential zone. There was no sentence imposed by the Judge on the condition that Mr. Halstead does not perform any additional business out of the residence. Mr. Halstead chose to ignore that order three times within a thirty day period. The court found that he had violated the courts order and sentenced him thirty days in jail only if he continues to violate the courts order. The sentence is stayed until after August and will continue to issue stays after that date based on Mr. Halstead's conduct. Councilmember Hilk y, stated that his biggest concern is the safety of the structures and feels that those concerns need to be addressed before anything is done. Mr. Halstead, stated that he in fact has drawn up plans and has tried to submit them. He stated that everything that Mr. Harper said is in dispute. Kent Taylor, 11899 Rosedale, stated that he is the Principal at Christian Center Academy. He reported that the students are working with Tri-County South Tobacco Free Project where the teens did youth purchase surveys in the City of Grand Terrace and the City of Colton. He invited Council to come to the press conference that will be 11 0 Council Minutes June 12, 1997 Page 3 held on Friday, June 27, 1997 at 10:00 a.m. where the findings will be discussed. ' Michael O'Connell, 22596 Thrush Street, welcomed Mayor Matteson back. He reported that the little league season has come to a close and that closing ceremonies will be held on Saturday at 10:30 a.m. He urged everyone to attend. He also reported on some flyers that have been circulating throughout the City of Grand Terrace. He stated that these flyers were not generated from the Grand Terrace Little League. Barbara Pfennighausen, ate, 22111 Ladera Street, clarified that the $750,000 inter -agency transfer was from the Community Redevelopment Agency to the City. She questioned that if that transfer was not made would the City have been solvent. City Manager Schwab, responded that it would have required some cuts that would have eliminated some services that the residents of the community have gotten use to. Currently approximately $600,000 that use to go to the City now goes to the CRA due to a voided pass through agreement, which is what creates a surplus in the CRA and allows the transfer to the City. Ms. Pfennighausen, questioned whether that would create problems in the future. City Manager Schwab, responded that this is an issue that the Council has brought up this year and they have indicated to staff that they do not want to continue the practice of the inter -governmental transfers and have requested staff to develop some funding plan to potentially address that transfer. Ms. Pfennighausen, questioned the renters tax issue. She questioned how it would work and how it could be implemented without the vote of the people. She referred to an article that stated that the tax would not impact rentals already in existence. Mayor Pro Tem Buchanan, stated that at this time it would be hard for staff to address her questions due to the fact that staff has not developed a proposed ordinance. Ms. Pfennighausen, stated that the article that she read stated that this tax was being imposed to help fund the code enforcement officer which will help clean up the City. She is unsure that a tax is the way to clean up the City. CityMangger Schwab, stated that currently the City of San Bernardino and the County of San Bernardino charge a rental registration fee for registering your rental property. This fee was brought up by a Councilmember as a potential funding source for the general fund. Research has not been done at this point, staff plans to bring a proposal to Council for their consideration in the fall. Ed O'Neal, 22608 Minona Drive, congratulated the City on the Grand Terrace Day Parade and Fair. He questioned whether the City is funding the DARE program or not. Mayor Pro Tem Buchanan, responded that the City is not funding the DARE Program in the upcoming fiscal year. Council Minutes June 12, 1997 Page 4 Mr. O'Neal, expressed his dissatisfaction with the choice not to fund the DARE Program. He reported that he participated in the process when the County of San Bernardino began their rental tax program. Currently the program is being looked at to see whether it is working or not. ORAL REPORTS 5A. Committee Reports 1. Historical and Cultural Activities Committee (a) Minutes of 05-05-97 CC-97-94 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-0-1-0 (COUNCILMEMBER SINGLEY WAS ABSENT), to accept the May 5, 1997 Minutes of the Historical and Cultural Activities Committee. 2. Park and Recreation Committee (a) Minutes of 05-05-97 & 05-14-97 CC-97-95 MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER HILKEY, CARRIED 4-0-1-0 (COUNCILMEMBER SINGLEY WAS ABSENT), to accept the May 5, 1997 & May 14, 1997 Minutes of the Park and Recreation Committee. 5B. Council Reports Mayor Matteson, reported that he attended the Grand Terrace Day Parade and Fair and felt that it was very successful. Councilmember Hilkev, thanked and congratulated staff for doing an outstanding job on the preparation of the Grand Terrace Day Parade and Fair. He felt that the budget hearings for FY 1997-1998 was the most stressful and argumentative that they have participated in over the last several years. He expressed his satisfaction in the outcome of the budget session and feels that it was one of the best that has been held. He requested that all of the Youth Sports Leaders that serve this community be recognized by the City. Councilmember Garcia, reported that the Historical and Cultural Activities Committee has completed all of the interviews in order to complete their History of Grand Terrace Book. She encouraged residents that have photographs that they would like to share to bring them to City Hall. She stated that not many of the businesses participated in the Police to Business Breakfast and hopes that next year the City will work with the Chamber in getting the businesses involved. She reported that she has the opportunity to represent the City of Grand Terrace with the American Council for Young Political Leaders and will be going to the Phillippines. Council Minutes June 12, 1997 Page 5 Councilmember Sing1gy, reported that he attended the Police to Business Breakfast on Tuesday. There was a very good presentation put on by the Sheriffs Department. He brought in the rescue helicopter for the Grand Terrace Day Fair. He commended the City Staff and the Sheriff's Department on doing a great job on Grand Terrace Days. Mayor Pro Tem Buchanan, congratulated the City Staff and all of the volunteers that participated in the preparation of Grand Terrace Days Parade and Fair. He felt that there was an excellent turn out for the parade and fair. He reported that the fire consolidation issues have been relatively quiet but have not gone away. He and the City Manager will be meeting with representatives from Highland and Yucaipa to discuss alternatives to the County's march toward taking over all of the fire operations. He will report back to the council once he has more information. PUBLIC HEARING 6A. AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE BARTON ROAD SPECIFIC PLAN OF SAID CITY IN BRSP-96-01 AND NEGATIVE DECLARATION AMENDMENT E-96-A1, LOCATED IN A 1.3 MILE LONG CORRIDOR ALONG BARTON ROAD EXTENDING FROM THE RIVERSIDE FREEWAY (INTERSTATE 215) ON THE WEST TO THE INTERSECTION OF BARTON ROAD AND VICTORIA STREET ON THE EAST, AMENDING THE PLAN TO ALLOW DRIVE- THRU ESTABLISHMENTS WITHIN THE BARTON ROAD SPECIFIC PLAN, FILED BY THE CITY OF GRAND TERRACE COMMUNITY DEVELOPMENT DEPARTMENT Community Development Director Materassi, stated that the Barton Road Specific Plan already permits drive-thru establishments in the General Commercial District. The proposal includes allowing drive-thru establishments in the Village Core through a Conditional Use Permit. It is also proposed that the existing permitted designation under the General Commercial District be changed to Conditional Use Permit. The overall purpose of this amendment is to facilitate establishment of new business in the Barton Road Specific Plan District. At the current time there are no development plans that have been submitted as part of the proposal. She stated that her department received several calls from residents with concerns regarding the impact of this amendment. She stated that the Community Development Department and the Planning Commission recommend that the City Council approve the Ordinance. Mayor Pro Tem Buchanan opened discussion to the Public. Fran Van Gelder, 11975 Mt. Vernon Avenue, stated that she is opposed to the amendment of the Barton Road Specific Plan to allow Drive-Thru Establishments. She encouraged that a survey be done to include all of the residents of Grand Terrace to see if they want a drive thru restaurant to be located at the old GTI Market location. She recommended that the Council approve the Barton Road Specific plan Amendment with the exclusion of the Village Activity Node Master Plan Area 4. Council Minutes June 12, 1997 Page 6 Mayor Matteson, confirmed that Ms. Van Gelder does not want a drive-thru restaurant on the four corners of Barton Road and Mt. Vernon, however, they could be allowed elsewhere. Ed O'neal, 22608 Minona Drive, stated that he is opposed to having fast food restaurants in the City of Grand Terrace. Bob Butkus, 12060 Arliss Drive, stated that he is opposed to having a fast food restaurant at the old GTI Market Location and feels that bringing in another restaurant would compete with the restaurants that are already located within the City. He suggested that the old GTI Market location be turned into an attractive place that people will want to walk to, some type of park that can be utilized throughout the year. He feels that if a Restaurant wants to come to Grand Terrace they can utilize the old Spouse Ritz building where parking would not be an issue. City Manager Schwab, stated that he sits on a sub -committee along with Mary Trainor, the Mayor, Mayor Pro Tern, and the broker that is currently listing the GTI Market property. There are two potential uses and people that are interested in that particular site and neither of them is a fast food restaurant. The proposal that is before the council is not to approve a fast food restaurant on that corner. Councilmember Sing -ley, stated that he does not see a problem with allowing drive-thru business establishments. He suggested that section one of the ordinance be amended to delete drive-thru restaurant establishments. Mayor Pro Tern Buchanan, stated that he has a problem with amending section one of the ordinance. He feels that there is a large segment of the community that could benefit from having a more convenient drive-thru restaurant. Doug Barrow, 11901 Holly Court, stated that he owns property in Riverside which is located near fast food restaurants and is opposed to the proposal allowing drive-thru establishments because it does not exclude drive-thru fast food restaurants. He questioned why the Ordinance can not be written to exclude fast food drive-thru restaurants. He feels that Drive-thru restaurants will bring in the following: more traffic in that specific area all day and late at night, more traffic in the areas leading to the establishment, and will bring in more fast food drive-thru restaurants. He feels that the extra traffic for the fast food restaurants would be from areas that do not have these types of establishments. Debris is also a problem. He questioned how these types of establishments will help the City to look better. There would be a small increased tax base which would be minor. The proponents of leaving the Ordinance as written says that the City has the power to regulate drive-thru restaurants so they can require a totally different look. He stated that if the Ordinance was amended not to allow fast food restaurants to have a drive-thru he may not oppose it. He stated that many of the residents do want something done to the former GTI Market location and feels that there are many things that the City can do in order to improve that location, however, the Ordinance is not the way to accomplish it. Council Minutes June 12, 1997 Page 7 Bob Henry, 22614 Miriam Way, stated that he opposes the Ordinance. He feels that there are many possible uses for the old GTI Market location. He feels that the corner location would not be an appropriate location for a fast food restaurant. He feels that there are better locations for a fast food restaurant. He feels that the location is an eye sore and would like to see something done with it. He recommended that the Ordinance be changed to not allow the drive-thru restaurants. Mary Trainor, 22745 Robin Way, stated that she is in favor of the proposed Ordinance and feels that it will create a consistent means of considering drive-thru establishments. It will give the City a more consistent means of considering drive thru restaurants along the whole of Barton Road and will give the City greater control over the majority of that commercial corridor by requiring a conditional use permit where none is now required. While the ordinance addresses the Barton Road Specific Plan generally obviously the major focus of all of the comments and concerns here is on the north east corner of Barton and Mt. Vernon which is clearly the key commercial intersection of the City. She believes that everyone regardless of the stand that they are taking on this issue is coming from the right heart which is what everyone feels is good and right for the community. Under this Ordinance the City has all of the rights to say no or yes under certain conditions. The economic vitality of Grand Terrace is essential to the well being of all of its residents and not just business owners. Enhanced retail and commercial success has far reaching benefits for the community at large. The north east corner of Barton Road and Mt. Vernon has been an eye sore for many years and its development is the key to the improved success community wide. We owe ourselves the right to look at all legitimate proposals which this Ordinance will allow. We owe ourselves the careful study of any specific proposal to ensure that our interests are safeguarded, this Ordinance gives us that measure of protection. She stated that in her view it is clearly win win it gives us all of the options and all of the control. She stated that she has confidence in our governmental process and procedures and that measures would be taken to ensure that the community values that this City and its residents want will be taken care of. She encouraged the Council to support the Ordinance and approve it as written. Fran Van Gelder, stated that her concern is with the section that specifically refers to Drive-thru restaurant establishments. Doug_ Barrow, he feels that the process would be a whole lot quicker if drive-thru restaurants were not allowed period. Mayor Pro Tem Buchanan returned discussion to Council. Councilmember Singlty, stated that he does not have a problem with drive thru establishments such as banks or cleaners because it does not generate the problems that fast food restaurants do. Councilmember Garcia, feels that having a survey done of what the community wants will make the process more efficient. She stated that having a dynamic downtown is very important to her, however, at the same time the concerns and feelings of the residents are equally if not more important to her . She stated that she appreciates all Council Minutes June 12, 1997 Page 8 of the comments that have been made. Councilmember Hilkey, stated that he utilizes fast food restaurants. He stated that he has never seen a fast food restaurant placed in a residential neighborhood that did not ruin it. He also stated that he is not opposed to fast food restaurants, however, he can see the problem with having a squawk box near a residence. He feels that potential businesses will be cut out if rules are made and set. He feels that the ideal solution would be to have a fast food restaurant without a squawk box. Council=mbgr Siggky, feels that fast food restaurants should be down by the freeway. He stated that the Ordinance is good, however, he would like to eliminate the section related to drive-thru restaurant establishments. Mayor Pro Tern Buchanan, stated that he believes that there is nothing wrong with having a drive-thru fast food restaurant in the community and would not like to see them excluded. He is unsure whether they should be excluded from the village commercial area although he agrees that they would not be appropriate within the core node. He does not think that it is fair to developers to establish a policy where the majority of the Planning Commission or Council are going to deny their projects when they come forward. He is unsure whether he would have eliminated the possibility of having a drive-thru restaurant in the entire village commercial area. He feels that Center City Court may be appropriate location for a fast food restaurant and it would not have a negative impact on the residences and there are probably other appropriate areas as well. CC-97-96 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the first reading of an Ordinance of the City of Grand Terrace, California, Amending the Barton Road Specific Plan of Said City in BRSP-96-01 and Negative Declaration Amendment E-96-A 1, Located in a 1.3 Mile Long Corridor along Barton Road Extending from the Riverside Freeway (Interstate 215) on the West to the Intersection of Barton Road and Victoria Street on the East, Amending the Plan to Allow Drive-thru Establishments Within the Barton Road Specific Plan, Filed by the City of Grand Terrace Community Development Department with the following amendments: delete restaurant in part one, General Commercial Subarea 1 would be C and Village Commercial Subarea 2 the C would be removed making fast food with drive thru a non permitted use. Language should be added that would require any drive thru use within the village commercial area to have a CUP. NEW BUSINESS 8A. Discussion to Create a Community Center/Gymnasium Construction Sinking Fund Mayor Pro Tern Buchanan, stated that he is opposed to creating a Community Center/Gymnasium Construction Sinking Fund. He feels that it is not the appropriate time and that the wrong message is being sent. He feels that Council is setting aside money for something that the City can't possibly pay for. He stated that he would Council Minutes June 12, 1997 Page 9 consider setting aside a small amount of money to open a fund that could be used to receive outside contributions with the expectation that the City may not be able to make a continual or repeated contribution until the revenue stream is better. Councilmember Hilkey, stated that he can't imagine any one not going along with the City's commitment to set aside funds to build a gymnasium in the future. Mayor Pro Tem Buchanan, stated that if the Council is doing this for the symbolic move of Council's desire to see this Community Center/Gymnasium done for the community he fully supports the concept, however, his priority in terms of symbolism is that we don't have the money and the community needs to make some decisions regarding revenue enhancement or service level cuts which should include this item. He fully supports the idea that Grand Terrace should be working toward providing some type of Community Center/Gymnasium, however, he would prefer not to go through the process of setting aside money that isn't going to be there in the future. He wants to make the priority to finding the financial balance that this community wants to have and see if this is a project that the community is willing to support. Councilmember Garcia, expressed the importance of the Community Center/Gymnasium to her and stated that if things are as serious as Mayor Pro Tem Buchanan is making it sound, then she feels that some of the existing services that are provided should be restructured in order to allow the City to set up this fund. CC-97-97 MOTION BY COUNCILMEM 3ER GARCIA, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-1-0-0 (MAYOR PRO TEM BUCHANAN VOTED NO), to set aside $20,000 out of the undesignated fund balance in the General Fund to create a Community Center/Gymnasium Construction Sinking Fund. CC-97-98 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 4-1-0-0 (COUNCILMEMBER HILKEY VOTED NO) , to add the First Reading of an Ordinance of the City of Grand Terrace Setting Forth Rules and Regulations With Regard to Special Events to the Agenda as Item 8D. CLOSED SESSION 9C. Potential Litigation - BFI, Loma Linda Disposal Mayor Pro Tem Buchanan announced that the Council met in closed session to discuss Potential Litigation involving BFI, Loma Linda Disposal, the outcome will be reflected in the actions taken under New Business 8B. NEW BUSINESS 8B. Transfer Refuse Franchise Agreement from BFI. Loma Linda Disposal Inc To USA Waste, Loma Linda Disposal. Inc. Council Minutes June 12, 1997 Page 10 CC-97-99 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve the Resolution Granting a Transfer of the Exclusive Residential Solid Waste Franchise from Browning Ferris Industries/Loma Linda Disposal, Inc to USA Waste -Cal and a Settlement Agreement contingent upon BFI's Acceptance. 8C. Resolution Authorizing -E2&s-ufioa., Sale and Delive of not to exceed $4,000.000 Refunding Certificates of Participation, Series 1997 CC-97-100 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-0, to approve a Resolution Authorizing the Execution, Sale and Delivery of not to Exceed $4,000,000 Refunding Certificates of Participation, Series 1997. CLOSED SESSION 9A. Discussion of Employee Compensation Pursuant to Government Code Section 54957 9B. Discussion of Personnel Matters Pursuant to Government Code Section 54957 Mayor Pro Tem Buchanan announced that the Council met in Closed Session to Discuss Employee Compensation Pursuant to Government Code Section 54957.6 and that there was no action taken. ORDER OF ADJOURNMENT Mayor Pro Tem Buchanan adjourned the City Council Meeting at 11:20 p.m., until the next Special CRA/City Council Meeting which is scheduled to be held on Thursday, June 26, 1997 at 6:00 p.m. CITY CLERK of the City of Grand Terrace NLA?kOR of the City ot Grand Terrace