Loading...
07/14/1988CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - JULY 14, 1988 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 July 14, 1988, at 5:35 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis Evans, Councilmember Susan Shirley, Councilmember Thomas J. Schwab, City Manager/Finance Director Randy Anstine, Assistant City Manager David Sawyer, Community Development Director Juanita Brown, Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer ABSENT: None The meeting was opened with invocation by Mr. Tony Petta, followed by the Pledge of Allegiance led by Boy Scouts Chris McMasters and Scott Gibson. ITEMS TO DELETE None. City Manager Schwab stated that since Public Participation was inadvertently left off of the Agenda, it should be added after the Consent Calendar. SPECIAL PRESENTATION Mayor read a proclamation to Ivan Hopkins, Grand Terrace City Attorney from 1978 to 1988. CONSENT CALENDAR CC-88-146 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, SECOND BY COUNCILMEMBER EVANS, CARRIED 5-0, to approve the Consent Calendar with the removal of Item A -- Approval of Check Register No. 071488 and Item E -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADDING SECTION 8.112 TO GRAND TERRACE MUNICIPAL CODE TO PROHIBIT THE SALE OF REPLICA FIREARMS. B. RATIFY JULY 14, 1988 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA D. APPROVE MINUTES OF: JUNE 13, 1988; JUNE 14, 1988 AND JUNE 15, 1988. F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING THE APPROPRIATIONS LIMIT FOR PROCEEDS OF TAXES FOR THE CITY OF GRAND TERRACE FOR FISCAL YEAR 1988/89 AT $2,083,510. G. AWARD OF ANNUAL STREET & STORM DRAIN MAINTENANCE CONTRACT. H. AGREEMENT TO DEFER PUBLIC IMPROVEMENTS ON MOBILE HOME DISPLAY LOT LOCATED AT 12028 LA CROSSE. I. AUTHORIZATION TO GO TO BID FOR BARTON ROAD IMPROVEMENTS. J. AWARD OF ANNUAL STREET SWEEPING SERVICES CONTRACT. K. RESOLUTION TO ADOPT REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS. L. RESOLUTION RESCINDING RESOLUTION NO. 80-52 AND APPOINTING JOHN R. HARPER AS CITY ATTORNEY. M. SOLICITING PERMIT APPLICATION - TEEN CHALLENGE. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION A. ADDroval of Check Reqister No. 071488. Councilmember Grant asked for clarification regarding Travel Time Tours, Caribbean Cruise. City Manager Schwab explained that the Recreation Department this year, in conjunction with several other communities, was offering a Caribbean cruise, individuals have made deposits to the City for the cruise and we are now transmitting those funds to the travel agency. Councilmember Grant questioned Item 18659 Azuza-Pacific University and 18660 University of Southern California. Council Minutes - 07/14/88 Page 2 City Manager Schwab explained that the Tour de Terrace sponsored two scholarships and the individuals who won the scholarships will be attending those colleges. Therefore, $500.00 is being forwarded to each of these colleges. Councilmember Grant referenced Item 18770, County of San Bernardino Weed Control and Weed Abatement, $3,526.00, and asked if they were abating the weeds. City Manager Schwab replied that the bulk of the cost is for the spraying along the parkway and abatement of weeds as you come up Barton Road and along Mt. Vernon. Councilmember Grant referenced Item P5745 and asked who is attending the CEPO Conference. City Manager Schwab explained that CEPO is an organization affiliated with the City Clerk's Association. It's continuing education towards obtaining a City Clerk's certification and that is training that Nita will be attending, he believed in August. Councilmember Grant reference Item 18739, MMASC, and asked if that stood for Municipal Managers Association of Southern California. City Manager Schwab replied it's Municipal Management Assistants of Southern California, which is a membership for the Assistant City Manager and the Community Development Director. Mayor Pro Tem Pfennighausen referenced Item 18736, amount for legal services for April, 1988. She explained that she had no objections in approving this, but would like to see a breakdown of what it is for. City Manager Schwab replied had the Council not pulled the Check Register, he would have pulled it himself, explaining for accounting purposes, they needed to get this on to get it into the proper fiscal year, but he was going to have this item pulled so that we could review it with the City Attorney because there was a few items we had questions about. CC-88-147 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, SECOND BY COUNCILMEMBER GRANT, CARRIED 5-0, to approve the Check Register minus Item 18736. Council Minutes - 07/14/88 Page 3 PUBLIC PARTICIPATION Item E -- A Resolution of the City Council of the City of Grand Terrace adding Section 8.112 to the Grand Terrace Municipal ode to prohibit the sale of replica firearms. Councilmember Shirley stated that she agrees with the concept, but felt it is an unenforceable law and is meaningless because it only goes to the City limits. She felt f we are going to have a law like this, it should at least be Statewide in order to be a viable law. Since she does not agree with meaningless laws that aren't enforceable, she could not support this. She felt it may be more beneficial to adopt a Resolution. Mayor Matteson concurred explaining there is a State Law pending to take care of that. Mayor Pro Tem Pfennighausen explained that there is legislation pending in Sacramento that would make it illegal to sell replica firearms any place within the State. She stated that the majority of cities that have considered an Ordinance of this sort are hanging loose to see what legislation is going to bring forth and for that reason, she felt we need to wait and would also not support it. Councilmember Grant stated that he agreed with Mr. Rollins' original statement when he brought this before Council and felt if nothing more than a symbolic gesture showing the desire of this Council, it would be well worth approving this Ordinance. Councilmember Evans stated that as a law enforcement officer he could see a real need for some type of legislation to control this type of problem and agreed that the problem is essentially an unenforceable Ordinance as long as it's local. He stated that although it may be symbolic in nature, somewhere along the line we have to start resolving very serious problems and felt that the legislation that is pending will take care of it. Dick Rollins, 22700 DeBerry Street, mentioned the need or more citizen patrol volunteers and commended the San Bernardino Police Department for the professional job they did two weeks and on the response time after receiving a 911 call regarding an accident on DeBerry Street involving two youngsters who were injured when they rode out in front of a pickup camper. Council Minutes - 07/14/88 Page 4 ORAL REPORTS Dick Yost, President of the Chamber of Commerce, stated that y 28, 1988, the Grand Terrace Terra Loma Real Estate owned by Mr. Gene Calstrom, President elect of the Board, is hosting a ribbon cutting and a open mixer on July 28, 1988 at 5:00 p.m. and the public is invited. Tony Petta, 11875 Eton Drive, commended City Attorney Hopkins for the excellent job he has done for our City. He stated this month we celebrate the 212 birthday of our Country and gave a few words to remind us of our freedom. Mayor Pro Tem Pfennighausen expressed her feelings regarding remembering important things such as our country's 212 birthday and asked the Historical Activities Cultural Committee if we couldn't get something on the 212 birthday of our country, something that symbolizes America. Councilmember Grant mentioned that last year Mr. Petta made a similar stimulating and inspiring presentation to the people of this community and expressed his feelings regarding Mr. Petta and his comments, hoping that he does the same thing next year and for years to come. Mayor Matteson felt that what made it so special was because Mr. Petta had come from another country and he can really see it, indicating if you have traveled abroad, you really know how wonderful this country is. Councilmember Evans reported that while on vacation he had the opportunity to travel through the areas that were the founding areas of this country, feeling anyone who has never visited those areas should do so because it brings a sense of unity. A. Committee Reports 1. Emergency Operations Committee Mayor Pro Tem Pfennighausen shared her concerns regarding the emergency plan and the completion date. She pointed out that the EOC has been working on this plan for about three years and if they needed some help or information to let Council know, feeling that a plan on paper is no good, it must be exercised. She felt a lot has been done, but was concerned that we are not ready. She wanted to know if they have managed to put Council Minutes - 07/14/88 Page 5 together their master list of resources throughout the community and wanted to see the inventory of the equipment and get at least some idea as to when the plan was going to come before Council for approval so we can begin to exercise the components. Mayor Matteson suggested setting up a workshop with the EOC and getting involved. Councilmember Grant concurred with Mayor Pro Tem Pfennighausen's statements, stating a plan is only as good as its implementation and felt that Council and City Staff have a prime responsibility for assisting the members of this Committee. Councilmember Evans felt if the committee does need help, it is imperative that staff start spending more time in this area and try to coordinate. He felt staff needs to take a look at some practical exercises and put them into operation as to what it is we are going to do. A. Council Reports Councilmember Shirley, reported attending the Omnitrans Board meeting and the San Bernardino Associated Governments Board meeting as an alternate. She reported receiving complaints regarding the service at our library regarding getting books ordered from the other libraries in our County. City Manager Schwab, replied he had not heard of that complaint, but knew for a fact that many staff members have ordered books from any place in the system. He suggested having this person contact him and he could find out what the problem is. Tony Petta, stated that the library has a microfiche file for books that are available anywhere in the library system. He shared an incident where he came to the library and requested three or four different books which was not in this library and in a matter of days he received a call from Jim Moore to come and pick the books up. He stated that they are available in this system here. Councilmember Grant, stated that he encouraged the Omnitrans Board and the County Transportation Commission to look into the feasibility of expanding an Omnitrans route within Grand Terrace. He concurred with the remarks made regarding Mr. Hopkins' 10-years with our community and wished him the best. He asked 0 Council Minutes - 07/14/88 Page 6 for a concensus on starting the Council meetings one half hour later. He questioned the status on the independent market located at the corner of Barton Road and Mt. Vernon. City Manager Schwab explained that originally there was a company from the L.A. or Orange County area who was going to open up a small market. They painted the building and started to do some improvements and the City informed them that they needed to come down and get a business license. Approximately two weeks after that, they left the area leaving a lot of their equipment outside which we had to take away. He stated that it is still owned by the individuals in Los Angeles and is available for lease. Councilmember Grant stated that the City Attorney, City Manager and his colleagues on the Council have suggested not appealing the decision of the Superior Court of the Forest City Dillion Phase II Project, and then shared his feelings regarding the appeal and explained that the period which to appeal has already run its course. Knowing it's not on the Agenda, he hoped that Council would in some way indicate their feelings on this and this feeling would be transferred to the City Manager and to the City Attorney to proceed posthaste with an appeal. Mayor Matteson asked City Attorney Harper if he had a chance to read over the lawsuit and the decision and asked what would our chances would be of winning if we filed an appeal. City Attorney Harper replied very briefly, but have reviewed all of the documents and petitions where the mandate was granted. He felt our chances would be extremely small. He explained what the Court of Appeals process is. He indicated it would appear, although it is somewhat difficult to tell from the pleading, the basis for the courts decision. He felt it was the combination of approving the financing and adopting Phase I. This would allow the developer to rely upon justifiably the fact that Phase II would be approved and when he relied justifiably he therefore got some vested rights, which this Council does not have the ability to affect. Under the assumption that that is the basis for the courts decision, the chance of the ruling being overturned is very slim. Council Minutes - 07/14/88 Page 7 Mayor Matteson concurred with Councilmember Grant and expressed his feelings regarding the apartments. He stated if we lose the appeal, they are going to file for damages. He stated that based on the information from the attorney's, he felt it comes a time when we have to accept what is there go ahead with what we have. He added that if there is any consolation, they have agreed to put in garages and have done away with studio apartments. Councilmember Shirley concurred with what has been said. Tong Petta, stated that it appears that when a judge is trying to determine who receives what, he would have to determine the intent of the party. City Attorney Harper stated based upon what he has reviewed, he did not feel that the intent of any party entered into the court's decision. The court essentially looked at the contractual documents, and based upon that, decided that the action of Council to initially approve the financing and what it said and the action to approve Phase I was sufficient to compel the Council, at least in some form, to approve Phase II. Tony Petta In order that we understand the course of the events, so that the people also understand the course of events, because we've had a number of public hearings where people came here in droves and the people left here with a certain understanding and now that understanding is no longer so and most of the people don't know at this point exactly what happened or where we are. So that in order to bring the picture into prospective, it appears to me we need to review what happened from the beginning. The beginning was the time that the whole block, came for a rezoning to R-3, which was a number of years ago. When that happened, the people came to the public hearings and they had many concerns. Those concerns revolved around the density of the area; it revolved around the size of the units; it revolved around the congestion that would result on Mt. Vernon; it revolved around the horrendous conditions that would result down at the so called Li Council Minutes - 07/14/88 Page 8 Jap Hill; there were concerns about the impaction that all of these apartments would have on Mt. Vernon. At that time, the Council and the developer convinced the public that were here at the public hearing that those concerns that they had would be adequately addressed at the time that the developer submitted his Conditional Use Permit and his Specific Plan. Now, I must assure that we understand that when the zone was changed from residential to R-3, that change permitted the developer to build 9-units per acre, no more, until such a time as a developer submitted to the Planning Commission and then to the City Council a Conditional Use Permit and a Specific Plan and through these public hearings, the developer was allowed to submit his case so that the people, Planning Commission and the City Council could then address, yes, more than 9-units per acre or no, 9-units per acre would stand. Now, that has to be clear because on a number of occasions there has been comments from members of this Council that the problem resulted when the zone change took place. That is not when the problem resulted, the problem resulted subsequent to that action. Lets talk about Phase I, eventually the developer came to the Planning Commission and submitted a Conditional Use Permit and a Specific Plan for 248 units for approval, the Planning Commission had grave concerns about this project in reference to density; primarily, size of the units; parking; the horrendous impaction upon Mt. Vernon; the bottleneck on the so called Jap Hill. These are all of the concerns expressed by the people initially when the zone was first changed. The people were told that at the time of the Conditional Use Permit and the Specific Plan, those concerns would be addressed. So, the Planning Commission was addressing those same concerns that the people were addressing initially and as a result of those concerns, the Planning Commission rejected the Conditional Use Permit and the Specific Plan without review. It is important that I emphasize this, without review, without addressing the conditions of the Specific Plan. I have here Minutes of that particular occasion where it says the Planning Commission denial was based on inconsistencies in the Specific Plan; the proposed development would be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed use and the impact on the City's infrastructure and circulation element. Council Minutes - 07/14/88 Page 9 Recommended conducting the Public Hearing, then determine whether to deny, approve or modify the Conditional Use Permit and Specific Plan for return to the Planning Commission for consideration. The developer appealed this denial by the Planning Commission to the City Council. At that particular appeal the City Council considered essentially the matter of density because that was a major problem of the Planning Commission because density also affects the traffic on Mt. Vernon. After determining the matter of density, the Planning Commission reverted this plan back to the Planning Commission for consideration of the conditions of the Specific Plan. It was at this point that the developer objected to the Planning Commission's review of the Specific Plan because the developer said the City Council at the appeal already approved our Conditional Use Permit and the Specific Plan. Staff, City Engineer, City Attorney, Planning Commission and City Council all understood that we tackled the matter of density, reverting the plan back to the Planning Commission for the consideration of the conditions. All of us understood that, but the developer prevailed what we thought was to be so was not so, and as a result of that, the developer received an approval of 248 units which are now under construction without the benefit of review of conditions either by the Planning Commission or the City Council. How did we get to that point, and I must pinpoint certain instances which are important in the determination of how we got to that point. It's no secret, I think we all know the two Council members who supported these apartments vigorously with a passion, continually attacked our staff, the Planning Commission and even Council members. Worked closely with developers, used privileged information to undermine, and I must say this next word, even sabotage the activities of this City Council. Therefore, adversely attacking the well being of the people of this City. These two Council members continually met in private to formulate plans, their plans, then used their power as Council members to relentlessly apply pressure upon the City Engineer, upon the Planning Director and upon the City Attorney. Now, if you reference it as Phase I, the same two Council members met with these staff members that I have just mentioned in private, and yes, behind closed doors, so as to influence to support the apartments. This is an illegal action, but they got away with it. Even at the Council table through leading questions, 0 Council Minutes - 07/14/88 Page 10 pressured staff until they got the answers that they wanted, this is all documented in the Minutes and on video tape. We have all watched the performance of these two individuals for pressing, and I must use the word, not only our staff, but the citizens of this community and when the people expressed their opinions, at opened advertised Public Hearings in reference to these apartments, we all read in the newspapers, they were called uninformed individuals, even, yes, mob ruled. Who do you think benefited, surely not the people of this City. And so to summarize this instance of Phase I, the Planning Commission rejected it without review; the developer appealed to the City Council; the City Council resolved the density problem; sent it back to the Planning Commission for normal processing and review of conditions in the Specific Plan and these conditions merely made reference to the square footage of the units; attached one -car garages; adequate parking and landscaping. Everybody, staff, City Engineer, Planning Director, the Planning Commission, the City Attorney and the City Council felt that that was normal procedure. However, the developer who objected to the review said it's too late. Now, the result is that we have a project that does not meet the standards of our Ordinance. I think we best all admit that those two Council members won a victory. To close the loopholes so that this didn't happen again, the City Council appointed an Ad Hoc Committee to review Title 18 which made reference to the Zoning Ordinance and to make recommendations to the City Council. The makeup of that Ad Hoc Committee was two Planning Commissioners, two City Council members and two citizens at large. And among the recommendation of the Ad Hoc Committee was to set minimum standards for apartments, a 1-bedroom unit no less than 800 sq. ft., 2-bedroom unit 1,000 sq. ft. and 3-bedroom unit 1,200 sq. ft.; garages minimum 1-car attached; minimum parking. Based on this recommendation, the City Council enacted Ordinance 100 and 104 addressing these minimum standards which was lost in Phase I, but timely for Phase II, so the City Attorney informed the City Council. The reason for this minimum standard is basically to alleviate the impact that these projects would have on the existing neighborhood. Why a minimum square footage requirement, small units cater to transients and population, essentially as opposed to a stable family -oriented neighborhood, not in conformity with our established neighborhoods. Council Minutes - 07/14/88 Page 11 Why minimum parking, look at the DeBerry Apartments, 328 units, cars parked everywhere along the street, total congestion and the area across the street does not develop as yet. Wait until that area is developed, where are you going to put the cars, people will park wherever space is available and we don't want this here on Mt. Vernon. Why minimum single -car attached garages, generally apartments have a minimum of car space. The garages may not be used to put cars in, but if they are there, they will be used to put the belongings of the individuals and they will not be all over the place. Why minimum landscape, that's what makes a city beautiful and a beautiful place in which you wish to live. The City lost out on Phase I, now enter Phase II, we were told we were in a timely manner, plenty of time, Ordinance 100 and 104 in place, the minimum must be met, so what happens. In July 1986, the developer went before the Plannina Commission reauestino a variance of Ordinance 100 and 104 which is the same ones we have been talking about. The Planning Commission denied waiving those conditions. On August 14, 1986, the developer appealed the Planning Commission decision to the City Council. In answer to questions by Council members, City Attorney, Ivan Hopkins said and I quote "the proposed project Mt. Vernon Villas Phase II came after the adoption of Ordinance 100 & 104; the proposal was not in compliance with the ordinance. If the appeal is denied, the project is dead and would have to start all over again. Council denied the appeal 3-2. Is that project dead, not by a long shot. Since that time, on separate occasions, the same two Council members attempted to scuttle Ordinances 100 and 104. Each made motions, seconded by the other to do away with those ordinances. Each time the motion failed; vote was 3-2. October 22, 1987, the same plan that was submitted to the Planning Commission and then back to the City Council came once again to the City Council. Again, ignoring the City's minimum standard Ordinance, the Council Chamber was full if you remember, that was the night that a petition was signed by 1,100 people and was submitted to the City Council and again the City Council rejected the plan; was Phase II dead not by a long shot. Remember the expressed anger of those two Council members, I need go no further into that, but they did vow to the people within the community that those apartments would be built, we heard more than once. Remember all the talk about affordable housing and about legal action that would be taken, they made their promise good. At the last Council meeting and again here, by our new City Attorney, we were told that the judge resolved that when the bond issue was approved, Phase II was approved, is that right John. u' 0 Lli Council Minutes - 07/14/88 Page 12 Mr. Harper Not quite, it was the combination of the bond issue and the fairly explicit description of the project which is contained in the bond issue documents combined with the approval of the first Specific Plan at the same time gave the developer certain rights to build an apartment project essentially the same as Phase I. Mr. Petta You pointed out that the bond issue had an explicit description of Phase II. Lets talk about the bond issue. The developer is ready to build Phase I, which was at that point declared approved. Therefore, it was ready to finance Phase I. However, the developer requested the City Council to approve financing for Phase II also, since a larger bond issue is more cost -effected. Phase II it's true, was identified in the bond issue, and because of that, the City Council asked our Bond Council Attorney, George McFarlin questions. I might point out that the developer was present when this happened and he heard the questions, and the questions of the City Council members that bond attorney who is an expert in these manners were: (1) How about Phase II, the answer by the bond attorney, Phase II is a project that can happen, but not necessarily. Phase II has to go through the planning process as any other project. Questioned by City Council members -- are we tied to Phase II, Answer -- unqualified, no; the bond money will be in the bank and if it is not used, can be returned. City Council approved the bond issue. Please note, that the bond attorney represented the City Council and the developer. The developer was present when this explanation took place and offered no objection. The developer went before the Planning Commission and twice before the City Council and each time ignored City ordinances and each time the project was denied. I have an article here that was in the Sun Telegram on July 27,1986, says apartment plan delayed for revision. The developer last week sought approval of the project's Specific Plan and Conditional Use Permit that would allow a density of nearly 16 units an acre where only 9-units are allowed and carports instead of garages. The first phase of the apartment project consists of 248 units north of the second phase's site. City Planning Director, Joe Kicak, said the development may be reconsidered by the Planning Commission when the plans are revised. Why am I reading this, even the developer didn't know that Phase II was approved through the bond issue. Does that specify the Council Minutes - 07/14/88 Page 13 intent of the developer and the City Council. How could a judge find other than how the intent of the parties was. This clearly substantiates that the developer was well aware of the intent that the bond issue was approved and to give automatic approval approval of Phase II. Apparently the developer did not know that Phase II received approval with passage of the bond issue. Otherwise, why go through all of these planning processes with the Planning Commission and City Council. Clearly the intent of both the developer and the Planning Commission was that Phase II was only a possibility after going through the planning process. Otherwise, three members of this City Council would not have voted for that bond issue. We've spent a lot of time going through this planning process. Time spent by staff, City Engineer, City Attorney, Planning Director, Planning Commission, City Council, hundreds of hours and many thousands of dollars and then people coming here for Public Hearings, was all of this an exercise in futility. Is that government of the people, by the people and for the people. Mayor Matteson asked the City Attorney if that changed his opinion. City Attorney Harper replied, unfortunately no, I'm sure that Mr. Petta, who was here throughout the process is aware of what the intent of the parties was and perhaps what he is reflecting is accurate. Unfortunately, I expect that the court didn't really try and reconstruct what the intent was since it had documents to rely upon. I expect, and again supposition on my part, that the court, if this Council had of approved a Specific Plan, which was in some way different than Phase I, I don't think that either the Bond documents are the action of the Council would have been overturned, but there was something implicit in its initial actions, which would require Council to approve at least a substantially similar project to Phase I. That is kind of the end of the story from where Tony left off. I don't believe Council could have changed the zoning and made the Specific Plan area number two into industrial and expected that the developer had some rights based upon earlier actions to build some type of apartment complex and again, supposition, but I expect that those type of things the court weighed and took under submission for quite a while. Council Minutes - 07/14/88 Page 14 Mayor Pro Tem When all of this started tonight, I had determined Pfennighausen that I wasn't going to speak to the issue. It was my hope that the issue had become a non -issue. You've been told that from the very beginning that two members of this Council, and obviously I was one of them, was crazy about apartments and wanted overcrowded schools and wanted impacted streets and wanted all of these terrible things. If that's true, then I would suggest that you commit me to Patton. Nobody would sit in this seat and want the things you've been told I wanted. I have a problem with that though and now call this to the attention of Grand Terrace for two years that we live under a system of law and based strictly on that system that Mr. Petta so elegantly supported earlier this evening, the warning was constantly there. I have before me a voting record, I can tell you how many times certain people voted on the apartment issue to put apartments in and how many times they voted against it. I'm not going to waste your time with that because the apartments are going to be there whether we like it or not. Some allegations were made during the presentation that now make it impossible for me to sit here and not respond to this and hope this never has to be done again. I am now going to read to you out of the bond document, the project that Mr. Petta, Mr. Grant and the rest of the Council members voted on that this project was based on, and it's very simple, five paragraphs. Mr. Petta made several remarks that are totally untrue and he's aware that they are untrue, but folks welcome to Campaign '88 because that's exactly what you are seeing here tonight. Mr. Petta eluded to the fact that either I or and I assume tnat ne is talKing about uounclimember Evans, or the combination of the two of us, held illegal meetings with the staff members. Now, the only thing that would make a meeting illegal with a staff member is if three members were there and the public wasn't invited. Any member of this Council, and Mr. Petta is fully aware, may meet with staff at any time to get direction, to find out what is going on not only a privilege, it's your responsibility. It's a responsibility that I do not take lightly and I avail myself of constantly and I will continue to do that as long as I sit on this Council and that's up to the citizens of this community when that gets terminated. I have participated in no illegal meetings as Mr. Petta has told you with staff. I know of no member of this staff that presently is with the City that is so weak that I as one person, could possibly walk Council Minutes - 07/14/88 Page 15 in and intimidate them and make them back down. And I would hope that you all can see that for exactly what it's worth, it's worth nothing, it's hogwash. So why was I meeting with developers, a person that owns property within this City, whether it be a single-family home or whether it be a large piece of commercial property or whether it be an apartment developer, has the same right in my office. I have not sought them out, I have not held illegal meetings with them. I want that made clear and I do not want to hear it anymore. It is a lie, it's campaign rhetoric, plain and simple. Mr. Petta referenced the parking problems at the Terrace Mesa Apartments and the fact that they don't have adequate parking on that site and that is why all of those horrible apartment dwellers park their cars on DeBerry. I happened to have lived in that apartment complex for nine months and I can tell you that inside of that complex there is adequate parking for every single tenant. Why don't they park there, because it's a closed concealed area considered not safe; it is not open; people cannot see into it; it allows a place for people to hide; it allows people to come in and rob cars and put them on jack stands, not people that live in the apartment, we built a trap and we were asked to build another one and I'm afraid that we have. At the time that the garages were an issue with Phase II, I sat here, and it's a matter of Minute record, that I argued that the people in Grand Terrace do not park in garages, there was an observation made when I walked in three campaigns, they park their spare stuff in the garages and at that time Mr. Petta argued with me that that was not true, as did the Mayor and other members of this Council. Now Mr. Petta comes through and tells us that that is true, people aren't going to park in their garages, but they'll park their stuff there. When they were circulating the petition, they were telling people that lived as high as three blocks from Mt. Vernon that the people were going to be parking in front of their houses and they would have no privacy if they build those apartments. And they knew that wasn't true. Yes, the people are confused, they really are confused because they got a lot of bad information. They will build those garages, and they will store their stuff in them, but they still will park inside the project. At least if this project has no three -bedroom apartments in it, there is one in town that does and they are built illegally. I'm sorry, Mr. Petta, that being in office is so Council Minutes - 07/14/88 Page 16 important to you that you could come forth and blatantly lie, stretch the truth, twist it around to your advantage and I no longer have to sit here and allow it to happen to me. I spent thirty-five years or I will even expand that to forty-six years, a victim in this world, a victim of you and other people like you, I will no longer be a victim in this world, I have done nothing wrong, I've tried to do my job well . I come to this Council table prepared, I do not lie to people and I do my best to serve. If that is not what this City wants, then they need to replace me because that is what they are going to get for the next two and a half years. And now as promised, I am going to read to you what Mr. Petta and I both voted on. The project, by the way was $30,000,000.00 of which this City received $75,000.00, went into our coffers and we spent it. She proceeded to read the bond issue. She stated that the unique quality of the 2-bedroom and 2-bathrooms was put in as a result of one of these horrible secret meetings with the developer when it was called to the attention of certain members of the Council through a seminar that we had attended that senior citizens had certain needs that could be met in units where there could be joint living facilities, two -master bedrooms, 2-master bathrooms with a joint living room and kitchen. One of the sad things about senior citizens' lives is that they spend too much time alone, we need to be sensitive to that. Those types of units were designed in this project after I met with them and called to their attention that there was a need for this kind of housing because I was getting those kinds of calls from the community. I guess my mistake is that I listened and was sensitive to what was needed. No one ever wanted apartments in the beginning. While I was on the Council in the very infancy of my term, we all voted against it. There were reasons that apartments, multi -family residential were mandated into this City. And I tell you this, the reasons today are more imperative than they were four or six years ago. The latest Western Cities Magazines cites the fact that thousands and thousands of people are going to be put onto the streets because there is no affordable housing for them. So I put it to you, we need to become sensitive to the needs of people who live differently and have different needs, or are we going to have to deal with them in a way that we don't want to and I make no apologies. At this point, I make none. My r-1 position from the beginning was no apartments, but Council Minutes - 07/14/88 Page 17 if we have to, get the best damn apartments we can get and I feel that that is what we have. So far, as being a single woman, if I were going to rent in those apartments I would be in Phase I where the people driving on Mt. Vernon could see me when I get out of my car that is parked in that horrible carport as opposed to driving around like I had to do at the Terrace Mesa Apartments where no body can see who is going to grab me and drag me in, thank you very much. Councilmember Evans It is my turn now, I had an opportunity to read a b'lography about Thomas Jefferson and a point he rude was the education of the people that lived in this country, because he felt that education made a more intelligent group of people and hopefully with that education, we would be able to understand what needed to be done and why progress must have come. It is very interesting that Mr. Petta likes to use buzz words talking about pressing, sabotaging, formulating plans, illegal action on my part, as well as my colleague. If I did anything illegal, I would like for you to prove it Mr. Petta, I haven't done anything illegal and I will take you on any time you like to discuss this whole matter one on one. I'm going to educate you folks, why we are where we are at. This is the record. In March 1984, the previous City Council approved a General Plan Land Use 5-0. That included Mr. Petta and included Mr. Grant, that vote was 5-0 and that designated apartment construction in the area where the controversy has been. April 1984, they formally adopted the rest of that General Plan, guess what Mr. Petta and Mr. Grant again voted AYE. In that document there is an element that is referred to as the Housing Element. One of the comments within that Housing Element states Grand Terrace recognizes that in order for low and moderate housing development to be economical viable, density from 18 to 20-dwelling units per gross is necessary. With this reason development up to 20-units an acre is allowed in all multi -family areas. The General Plan, I believe Mr. Harper is a legal document, is it not, people rely upon that document to go through Public Hearings. If they are opposed to apartment construction, then why did they approve the document that had language in it such as that. Now it starts to get interesting after people start buying lands relying upon a legal document that these individuals just voted AYE on and supported saying it's okay for you to do. In June 1984, 0 Council Minutes - 07/14/88 Page 18 McMillan Development is now Forest City and was the first one to come into this City, they submitted what they called an inducement resolution asking will this council support bonding for an apartment project. Now, at that particular time, that was on 14 acres and it stated that they were proposing to build a 280-unit apartment complex, that was at 20-units per acre. Guess what folks, Mr. Petta and Mr. Grant voted AYE to do that. July 1984, the City Engineer had vision to recognize that if apartments are going to have to be constructed in that particular area, then there's some engineering problems that needed to be worked out. So, he suggested to this particular developer, as well as another developer who had come in and presented a plan, that they jointly work together for an apartment project that would be planned with unity within that `area. July 1984, that conceptual Master Plan was presented, was voted in support of 5-0, which included Mr. Petta and Mr. Grant supporting a project, these are apartments. September 1984, we have another apartment project that was brought before Council. Another inducement resolution asking are you going to help us out with some bond funding if we go ahead with this project. That was referred to as Chaparral Pines. Chaparral Pines was never built. However, the project referred to as the Britton Project, which is the project at Barton and Canal is part of that original proposal. September 1984, Mr. Petta supported the resolution for funding on apartments. Again, that was specific as to how many they intended to build. This was the first deviation of Mr. Grant. Through October, there were public hearings held on zoning in that area. Mr. Harper you probably could educate us to the fact that there is a Government Code Section that states that zoning must be brought into compliance with the General Plan Land Use, is that correct. City Attorney Harper City Attorney Harper stated, yes, there is an obligation to have zoning comply with the General Plan. Councilmember Evans Here, several months later after the City said it is okay to go with apartments, they are now complying with the law. Mr. Petta supported the zone change on one portion of that area, however, he opposed the zone change in the other area, inconsistent, in my opinion. Then we had Election '84. In November of 1984, there was a request for rehearing on the denied zone area. Council Minutes - 07/14/88 Page 19 Mr. Petta and Mr. Grant supported the request for a rehearing. February 1985, that came before this Council and Mr. Petta supported the zone change, keep in mind folks that if you are opposed to apartments, why is it that you are supporting them all along. I have to give Mr. Grant credit that he voted NOE. However, it was immaterial since the Government Code says it has to be brought into compliance. June 1985, the horrendous Mt. Vernon Villas Phase I came to Council, this project is under construction right now, guess what, Mr. Petta voted for it, if he didn't want it, why didn't he vote against it. July 1985, another conceptual Master Plan was brought before Council again, trying and bring some kind of unified plan to that whole area. That Master Plan was approved 5-0 by the Council, which included Mr. Petta and Mr. Grant. July 1985, 5-0, Council approved the Specific Plan for Phase I of the Mt. Vernon Villas. August 1985, there was another apartment project in the same area, that was USA Properties. USA Properties is now incorporated into Phase II of the Mt. Vernon Villas. That project got approved, it was never built, because they sold the rights to the now Forest City Dillion. That's another apartment project that was approved 5-0. Now, if these people are against apartment construction, why are they voting for it. December 1985, $30,000,000.00 multi -family housing revenue bond issue came before the Council and you have already heard a summary of what that document entailed. That was voted 5-0 and that incorporated both phases of the Mt. Vernon Villas Project. That is just the Mt. Vernon Villas, there were several other projects which came before us. After the General Plan was approved questions were asked, staff must produce documents for us in which we can deny projects. There is a Government Code Section, 65589.5, I don't want to put you on the spot Mr. Harper, but I can vouch for the accuracy. That within there it states that written findings supported by substantial evidence on the record that both of the following conditions exist: You can't deny a project just because of density where it is going to be an impact upon the public health and safety and if there is no other way, other feasible methods to satisfactorily mitigate those properties, you can deny it. We are dealing with the law. I didn't want to see apartments; I've never supported apartments; if there was anyway we could deny that project, we would have been more than happy to do that, but guess what, the wheels Council Minutes - 07/14/88 Page 20 were set in motion before I came here. I do my homework and I study, and I try to understand the ramifications that my vote is going to make. Personally, I don't feel that some of the other members present and in the past really understand what they vote on and the implications that it entails. Unfortunately, this City was brought by the denial of Phase II through court and a judge rendered a decision. He rendered a decision not out of the clear blue, he rendered a decision that was based on case law. He wasn't paving new ground. And to appeal a decision as previous legal Council, the City Management, and now this one feels that we have a very slim to non -chance of winning. It's going to incur a very serious financial burden onto this City. This City must be operated as a business, common sense must be dictated and when you throw that out of the window for political ambitions, we'll certainly start down the road to ruin. You've heard the term Campaign '88. I strongly urge everybody, you better look at the facts because you've been fed a bunch of incorrect information that has created a lot of serious problems for this City. Tony Petta The remarks that I made are a matter of record and they stand. R-3 Zone vote for apartments was, R-3 stands for 9-units per acre no more until approved by the planning process for more. When Mr. Evans said that the project cannot be denied because of density, he is correct. However, the project can be denied because of the horrendous impaction that would be created on Mt. Vernon. When he said, "I've never supported apartments," I think that everybody in Grand Terrace knows different. Mayor Pro Tem Pfenni hausen, brought up a concern ot hers regarding a crosswalk at Barton Road and Canal. She stated that at a prior Council meeting that issue was brought up. She had suggested that prior to the installation of a traffic signal at Barton and Michigan, that two flashing caution lights be installed to warn drivers that there is something ahead. She had suggested with the support of Councilmember Grant that those flashing lights be moved to a location to warn drivers that that crosswalk was upcoming. She stated those lights were never moved and reported that she had received a telephone call from a resident who observed an old lady trying to cross in that crosswalk and jumped back and fell to avoid being struck by a motorist. She felt that the issue may Council Minutes - 07/14/88 Page 21 NEW BUSINESS have fallen through the cracks, but would like to see flashing yellow lights installed at the earliest possible time. Mayor Matteson, felt that when we widen the street, that problem is going to increase and indicated that he had two items to discuss. He stated that if anyone had problems with mosquitos, flies, rats, etc., they should call San Bernardino County at 387-4663 and they will take care of the problem. He stated that he wanted to clear up some misconception about some remarks he made at the last Council meeting regarding the trailer court on Michigan. He stated that if any development ever goes in doW there, the people will be taken care of. He felt development is years down the road. Regarding fencing the vacant apartments behind the retirement hotel. He felt we should contact the developer to see if they could fence it without blocking the entrances so that some of the problems could be eliminated. Community Development Director Sawyer reported there are two entrances to the now vacant apartments behind the retirement hotel. Both of those are required entrances for the retirement hotel for fire access and stated that staff could look at some alternatives, but the reason why those entrances are there are for fire access to the retirement hotel. Hopefully, we are going to have that problem taken care of soon, they have applied for demolition permits and those buildings will be coming down in a short time. 5a. T.J. Austyn Inc., request for exemption from residential development moratorium Tract No. 13205. Community Development Director Sawyer read his Staff Report regarding T.J. Austyn's request for exemption from the City's residential development moratorium for T-13205. He stated that the Planning Department recommends that the City Council exempt this project from the residential moratorium at this time. CC-88-148 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, to approve T.J. Austyn's request for exemption from the residential development moratorium. J1 Council Minutes - 07/14/88 Page 22 Councilmember Evans stated that if this particular motion passes, he suggested that you consider removing the building moratorium so that we don't have to go through this effort continuously. He listed names, dates and his reasons for suggesting the removal of the moratorium. Mayor Matteson explained that the ones he listed were granted their request because they are not in any planned zone change and we do have planned zone changes to keep that in line with the zone change program that Planning is bringing forward and that is the reason for holding that moratorium. He explained that we don't want someone coming in with a plan and the zone is going to be changed. Motion CC-88-148 carried 5-0. Mayor Matteson explained that at an adjourned regular meeting on June 27, 1988, the City Council interviewed applicants to fill two vacancies on the Planning Commission. The two applicants that were selected are Mr. Dan Buchanan and Mr. Herman Hickey whose terms will expire on June 14, 1992. CC-88-149 MOTION BY COUNCILMEMBER EVANS, SECOND BY COUNCILMEMBER GRANT, CARRIED 5-0. Mayor Matteson adjourned the City Council meeting at 8:45 p.m. until the next regular City Council meeting which will be held on Thursday, July 28, 1988 at 5:30 p.m. V TY CITY CLURK of t e My Grand Terrace L MAYOr of the ity o Grand Terrace Council Minutes - 07/14/88 Page 23