12/08/1988CITY COUNCIL MINUTES
REGULAR MEETING - DECEMBER 08, 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 December 08, 1988, at 6:00 p.m.
PRESENT: Byron Matteson, Mayor
Hugh J. Grant, Mayor Pro Tem
Barbara Pfennighausen, Councilmember
Jim Singley, Councilmember
Gene Carlstrom, Councilmember
Thomas J. Schwab, City Manager/Finance Director
Randy Anstine, Assistant City Manager
David Sawyer, Community Development Director
Juanita Brown, Deputy City Clerk
Joe Kicak, City Engineer
ABSENT: John Harper, City Attorney
The meeting was opened with invocation by Pastor Larry Wilson, Praise
Fellowship Foursquare Church, followed by the Pledge of Allegiance led by
Councilmember Carlstrom.
Mayor Matteson convened City Council at 6:10 p.m.
ITEMS TO DELETE
None.
SPECIAL PRESENTATION
None.
CONSENT CALENDAR
CC-88-214 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN,
CARRIED 5-0, to approve the remainder of the Consent Calendar with
the removal of Item A.
B. RATIFY 12/08/88 CRA ACTION.
C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON
AGENDA.
D. APPROVE OCTOBER 10; NOVEMBER 17 and NOVEMBER 30,
1988 MINUTES.
E. REQUEST FOR THE RELEASE OF BONDS FROM GRIFFIN
DEVELOPMENT COMPANY.
F. AGREEMENT FOR SUBSTITUTION OF CERTIFICATE OF
DEPOSIT IN LIEU OF IMPROVEMENT BONDS
(Keeney - SA-87-14).
G. SOLICITING PERMIT APPLICATION - AMATEUR SPORTS
TRAINING CENTERS.
APPROVE CHECK REGISTER NO. 120888
Mayor Pro Tem Grant made reference to the first page,
questioning the different listed amounts regarding cash
payments on certain dates in different amounts.
City Manager Schwab explained that City Hall is
currently being operated as a payment company for the
Edison Company and every day what has been taken in is
tallied up and a check is made out to Edison.
CC-88-215 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER SINGLEY,
CARRIED 4-1, WITH COUNCILMEMBER PFENNIGHAUSEN ABSTAINING, to
approve Check Register No. 120888.
PUBLIC PARTICIPATION
ORAL REPORTS
Eugene McMeans, Manager of Riverside/Highland Water
Company, 1450 Washington Street, Colton CA., reported
that Riverside/Highland Water Company has announced that
a check only drop box will be installed adjacent to the
Finance Department counter at the Grand Terrace Civic
Center. Payments, including billing cards, can be
dropped in this box between the hours of 8:00 a.m. and
5:00 p.m., Monday through Friday, except for City
holidays. Normal historical payment guidelines are
still to be adhered to. Payments due in
Riverside/Highland Water Company Office by 7:00 a.m.
must be in the Civic Center's box by 5:00 p.m. the prior
business day. The 24-hour drop box is still available
at the water company.
5A. Committee Reports
la. Historical & Cultural Activities Committee
Council accepted the Minutes of November 7, 1988.
5B. Council Reports
Councilmember Pfennighausen, reported that she completed
the review of the City s Emergency Plan. She commended
the Emergency Operations Committee for the good job they
did on the plan, stating that it was as professional as
the County's plan. She shared her feelings regarding
Council Minutes - 12/08/88
Page 2
the disaster that took place in the area around
Laverne. She felt Grand Terrace should be prepared in
case of a like situation. She questioned the status on
L.J. Snow Ford.
City Manager Schwab reported that he had met with Mr.
Snow this week and the move to Grand Terrace is
contingent upon the Campus franchise moving to Moreno
Valley, which has happened and been approved. The
process will now begin for L.J. Ford to petition to move
their dealership to a location in Grand Terrace, but
there is the possibility that Ford dealers in the area
may protest that move.
Councilmember Pfennighausen stated that it was brought
to her attention that a Councilmember, who is a real
estate agent, is involved in the L.J. Snow Ford
project. She requested that the City Attorney meet with
this Councilmember and advise him as to what he must and
must not do as a member of the Council regarding this
situation.
Councilmember Singley, commended the fire department for
their community involvement and civic awareness.
Mayor Pro Tem Grant, reported that he represented the
City at the mnitrans Governing Board and the San
Bernardino Associated Governments Board. He explained
that a chemical compound called Petromat was brought to
his attention and he was told that it prevents the
cracking of asphalt, questioning if this process or a
like process could be looked at in terms of resurfacing
the streets in Grand Terrace. He questioned if anything
has been done regarding Mrs. Field's concerns of not
being able to see cars coming from the south at
Brentwood and Mt. Vernon and the mailbox being moved to
the north.
City Manager Schwab reported that Staff is working with
the postal service to relocate the mailbox, explaining
that a large fruitless mulberry at that location
probably blocks vision more than the mailbox. He
explained that Staff is working with the homeowner to
possibly move that tree under our Street Tree Program
and replace it with something more acceptable.
Mayor Pro Tem Grant, shared his concerns and questioned
if there was anything that could be done about cable
companies prices?
City Manager Schwab, explained that with the
deregulation of the cable industry by the Federal
Government the cable companies can set their own
prices. He stated that prices are going to be set by
Council Minutes - 12/08/88
Page 3
NEW BUSINESS
the dynamics within the economy of the community,
feeling if it becomes too expensive to have cable TV,
the alternative is to put up an antenna. He explained
that at one time we had a franchise, the City Council
approved all rate increases.
Councilmember Pfennighausen, felt that if enough people
did not subscribe, the cable company would get the
message and the price would be lowered.
Mayor Matteson, commended the Historical & Cultural
Activities Committee for the excellent job they did on
the City's birthday party. He reported that the fire
department is selling Christmas trees and recommended
that people to go out and buy a tree from them.
8A. Appointment of Councilmember on Omnitrans, Sanbag and
San Bernardino Valley MunicipaWater District Advisory
Boards
Mayor Matteson recommended Gene Carlstrom as
Representative for Omnitrans and Alternate for SANBAG;
Jim Singley as Alternate for San Bernardino Valley
Municipal Water District Advisory Board.
CC-88-216 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER
PFENNIGHAUSEN, CARRIED 5-0, that the nominations be accepted.
Tony Petta Mr. Mayor, members of the Council, beginning with the
first birthday of our City, the Historical & Cultural
Committee has sponsored the yearly birthday
celebration. This year, by far is the largest and the
best. The celebration is calling attention to the
historical event, the birth of the 16th City in San
Bernardino County. On this, the loth birthday of our
City, it is my pleasure and privilege to represent the
Historical & Cultural Committee. To reminisce as to the
events that led to the formation of our City. When we
talk about events that led to cityhood, we need to talk
about events that led to the birth of the Grand Terrace
Chamber of Commerce. For although the Grand Terrace
Chamber of Commerce preceded cityhood, it was the
germination of that single idea, which 16 years later
was to become instrumental in the formation of our
City. Except for the dedication and perseverance and
commitment on the part of the Grand Terrace Chamber, the
City of Grand Terrace, as we know it today, would not
exist. So, how did it all happen. We go back in
history to the decade of the 50's. Grand Terrace was
essentially citrus and walnut groves. The contracting
firm of Zampese and DeBenedet built the initial housing
tract north of Barton Road, east of Mt. Vernon. As a
Council Minutes - 12/08/88
Page 4
result of that and further development, the most
magnificent being the Honey Hills development, the Grand
Terrace Chamber of Commerce honored that firm of Zampese
and DeBenedet and designated them as the pioneers of
Grand Terrace. Ernie Zampese is no longer with us,
however, Bill DeBenedet is here and I would like him to
stand so that he can be recognized. Just around 1958,
enter Gordon Fields. Gordon Fields was a building
contractor who bought the remaining land from Zampese
and DeBenedet and he built the area north of Barton Road
between Mt. Vernon and Preston Street. Later on, he
also built the Azure Hills Country Club, which now is
the Seventh Day Adventist Church. Enter the Aero-Space
Group, they were mostly engineers. They settled mainly
in the Gordon Fields Tract because at that point, that
was all that was available and it was a nice tract.
That group formed the nucleus of the Grand Terrace
community. They were dedicated, civil -minded people who
participated in all community functions from PTA to
Chamber work and they, to a large extent, were the
Chamber charter members of the Grand Terrace Chamber of
Commerce. The year 1959 - 1960, the freeway cut through
the Cooley Ranch and from that point on, people began to
discover the community upon the hill. In 1962, with the
inflex of people, it became apparent that the community
needed a voice to represent and speak for the people.
Enter Ernie Oversmitt, who was a citrus grower and a
long time resident of Grand Terrace. He met with a
group of individuals and discussed the possibility of
forming a Chamber of Commerce. The input was positive,
so the Grand Terrace Chamber of Commerce was formed with
approximately 20-charter members. The late Ernie
Oversmitt became the first president and there was a
number of charter members that I can recall right now.
The late Frank Gigandet and Bea Gigandet were charter
members, Bea happens to be in the audience. Of course
Zampese and DeBenedet were charter members, Robert Lee,
the dentist was a charter member, the Security Bank and
of course yours truly. There is a list of charter
members somewhere and we will try to find it. From that
moment on, the Chamber of Commerce became the focal
point of this small community, the people looked to the
Chamber for direction. Throughout the decade of the
60's, a common subject of discussion at Chamber meetings
was the preservation of local identity. In the early
70's, the Cooley Ranch became annexed to the City of
Colton and at that point the Chamber became concerned.
In the mid 70's, the Colton Annexation Policy became
more aggressive; the east annexed with Rache Canyon; to
the west the Stater Bros. Warehouse and then on south to
the County Line. Grand Terrace was virtually surrounded
by the City of Colton. In 1976 the Colton city limit
sign was installed right on top of Mt. Vernon on the
bluff. At the same time, concurrently with that action,
Council Minutes - 12/08/88
Page 5
Colton petitioned the Local Agency Formation Commission
(LAFC) for a sphere -of -influence over all of the City of
Grand Terrace, it wasn't a city then, of course.
Usually, the sphere -of -influence is the initial step to
annexation. It was at this point that the Chamber moved
swiftly and decisively, it was a matter of doing it now
or lose it forever. The challenge was to first stop the
sphere -of -influence from becoming a reality. An
opportunity to convince the Local Agency Formation
Commission and the Board of Supervisors that Grand
Terrace was serious about retaining its identity and
that Grand Terrace could make it on its own even with
Proposition 13 then in place. The task was to find
someone with the knowledge and the time and expertise to
take charge to represent the Chamber at the many
meetings at the LAFC and the Board of Supervisors.
Someone who would do it as a public service. The name
Seth Armstead surfaced, he had been in the news for five
years because he was the Chairman of the SIR Committee.
He and his committee, through five years of effort
brought the SIR project to a successful conclusion and,
he, at the same time, was Chairman of the Municipal
Advisory Committee, a committee that represented the
Board of Supervisors in the local community. The
Chamber asked Seth would he take this job, Seth accepted
the challenge. The actions that followed were: (1) The
Chamber hired and paid for a consultant to prepare an
Incorporation Feasibility Study, that was the tool to
make the case with the Local Agency Formation Commission
and the Board of Supervisors. The Chamber then hired an
attorney for legal sufficiency. Bob Shaffer, who was
the Edison local representative, the counterpart now is
Sue Noreen. He suggested a young attorney who had
County experience. He suggested Ivan Hopkins and the
Chamber hired Ivan Hopkins. Then we needed an engineer
who would volunteer his services because resources of
the Chamber were quite low at this time. We needed
someone who would dedicate the time and effort that was
necessary. Joe Kicak had just completed a sewer project
in this City. We asked Joe and he graciously accepted.
We needed the services of a secretary, so much was
happening that we needed to record all that was
happening. We needed someone that was qualified. Seth,
who was now working for the Chamber, dedicated service,
was also teaching at Cal State and he knew of a young
lady there who was a secretary and who also lived in
Grand Terrace. He asked her would she do the job for
the Chamber of Commerce, she said yes. I saw her here
awhile ago, Myrna Erway. The end result was that after
two years of meetings between 1976 and 1978, the
petition for sphere -of -influence over Grand Terrace was
denied. The incorporation for Grand Terrace was placed
on the ballot and the election November 4, 1978, 82
percent of the people said yes and the Charter Council
Council Minutes - 12/08/88
Page 6
was elected. Of interest was that 18 candidates filed,
one was disqualified because he thought he was in Grand
Terrace, but he was not, he was on the other end.
4 Seventeen was on the ballot and the rest is recorded
history. November 30, 1978, the Charter Council was
installed at Terrace Hills Jr. High School. The
Charter members were: Petta; Tillinghast; Erway,
Myrna's husband; Jack Ellen who lives in San Diego, is
84 years old now and could not make it because of the
wind; Hugh Grant, who is sitting at the Council Table.
Armstead became the City Manager; Hopkins became the
City Attorney; Kicak, the City Engineer; Mryna Erway,
the City Clerk; Ilene Dughman, the Secretary and Ed
Clark, the Finance Officer. We began operations as a
City at the Community Center, but things were kind of
rough at the Community Center, it is a building that is
owned by the school district, the Lion's Club operates
the Center. We needed something a little bit nicer and
we didn't have the money to do it with, we had a lot of
help from a lot of people. Bill Darwin donated the
carpet, he was the owner of Darwin Florist; Security
Bank donated the office furnishings provided that we
pick them up at their warehouse, so Zampese and
DeBenedet provided the truck and the Councilmembers,
City Manager and Zampese became the furniture movers.
Many individuals cooperated and did what was necessary
to get the City established at a minimum cost, it was
dedication to a common cause. Subsequently, it was
determined that for certain legal consequences that we
could no longer meet at the Community Center, so the
Baptist Church on Mt. Vernon said we could meet at their
place. For a couple of years we operated there and it
was determined that because of tax consequences of the
Church we had to leave the Church and we moved to
Terrace Hills Jr. High School. It was determined that
school and politics didn't mix, so we had to move and we
settled in four houses on these premises here and now
the present facilities. Now the loth Anniversary and
we've come a long way, it's a beautiful City, sound
physical posture. When viewed from the standpoint of
progress of other cities, one might call our progress
phenomenal. Credit goes to many people, first to LAFC
for a positive recommendation to the Board of
Supervisors and then to the Board of Supervisors who
gave us the okay to go on the ballot. At that point the
Third District Supervisor was Dennis Hansburger. He
asked many questions, but when the chips were down he
was in our corner 100 percent, we had hoped that Dennis
would be here, but he is not. Subsequently he was
succeeded by David McKenna. We needed help when we went
through redevelopment and he was in our corner and it
was the result of that positive approach to Government,
being involved in redevelopment that we have these
beautiful facilities which is being paid through funds
Council Minutes - 12/08/88
Page 7
through the redevelopment, no tax to the people.
Barbara Riordan was a big help in our establishing the
County Library that we now have. Then sound management
businesslike approach to city business. We survived as
opposed Proposition 13 and that's proof of good
guidance, credit where credit is due. The Charter City
Manager who managed us for eight years is responsible
for that success, Seth Armstead. Seth what can you tell
us about the initial part of the incorporation?
Seth Armstead I think all of the citizens have the credit, along with
the Councilmembers and a hard working staff; if you set
goals, you have competent people like Joe Kicak and good
Councilmembers who got their heads screwed on right and
the good citizens who go with all the committees and
they want a good quality life and I am Scotch at
reasonable cost, then you are going to have a fine city.
Tony Petta Succeeding Seth Armstead is Tom Schwab for the last two
plus years, he has done a tremendous job. And of course
our City Engineer Joe Kicak. Myrna Erway as the City
Clerk, Irene Dughman as the City Secretary and lest we
forget the small but dedicated City Staff; all of those
who serve on the City Council and all who serve on the
Planning Commission all these 10 years. I'm going to
single out one individual who is no longer on the
Planning Commission. He has retired and moved out of
the City of Grand Terrace, but he is here tonight for
the loth Anniversary, and I'm mentioning him because he
exemplifies a true Planning Commissioner, John McDowell.
John McDowell I'm so happy to be here and to see a lot of people that
I worked with when I worked here. I think you've done a
wonderful job and I think you have a long big future for
it. You know we had a thing going here at one time and
as Tony was talking, I was thinking about it a little
bit. This is the year that your shopping center, the
mall, that we were going to develop downtown was to
open. We were to do $100,000,000.00 the first year, we
would do $40,000,000.00 or 40 percent of it during the
month of November and December. Those are facts based
on studies made by us and others. For six percent of
that $40,000,000.00 is what you would be taking in in
taxes from August until this year and I thought how
wonderful that would have been to have had something
like that down there, but we did miss it and I think you
can do it again. The land is still there, it is now
covered with horse manure, it's perfectly available, it
just needs someone to dig about and see what you can do
with it, that's all, good luck to you, thank you Tony.
Tony Petta And of course the many City Committees that we have have
dedicated many, many hours of work for the benefit of
the City. Cooperative effort by many individuals. When
-1�
Council Minutes - 12/08/88
Page 8
cooperation prevails the people benefit. When we talk
about the history of our City, we need to be aware of
the significant roll that the Chamber of Commerce
played. Of the 26-year history, the Chamber's role in
the formation of this City was its greatest. The
Chamber was the vehicle that turned ideas into action
resulting in cityhood. It was a gigantic effort, a test
of patience of endurance of its total membership and
exhaust its total financial resources. The success is
the reward of adventure and the Chamber has had its just
reward. Thanks to the Chamber of Commerce we now have
local identity, the City of Grand Terrace. At the point
of incorporation, the major focal point changed from the
Chamber to the governing body, the City Council.
However, the role of the Chamber, as a protector of
human rights, cannot diminish. The founding fathers of
this great democracy mandated that this be a government
of the people, by the people and for the people. This
guarantees us an inherent right for fair and equal
treatment to all who come before this Council.
Democracy places emphasis on human rights and human
dignity on the worth of the individual. It is the
Chamber's duty to participate in government so as to
protect and preserve those human rights, and so,
tonight, on the loth Anniversary of our City, God bless
the Chamber of Commerce and God bless the City of Grand
Terrace. "Happy Birthday Grand Terrace."
Mayor Matteson thanked Mr. Petta for the update on the
history of the City. He asked for Mr. Petta's speech to
be verbatim in the Minutes.
PUBLIC HEARINGS
6A. Ap eat of V-88-1 and approval of TTM-88-3 and
application to subdivide 1.9 acres into 7 single-family
lots with less than the re ui red of depth on lots 2-6
and 20 oot ront yard setbacks on lots -7
Community Development Community Development Director Sawyer explained that
Director Sawyer this report is going to combine the report for the
appeal of V-88-1 and approval for TTM-88-3. He then
read his Staff Report explaining that this is an
application by Sigland and Associates. He stated that a
Negative Declaration has been prepared for the project
and is attached to Council's Resolution as Exhibit B.
In an attempt to subdivide the property, the applicant
requested the deviations from the Grand Terrace
Municipal Code that is shown in Exhibit B. He listed
the lots and the required depth and front yard setbacks
and their reductions. The applicant indicated that
these deviations were necessary to properly develop the
subject property in accordance with the existing General
Plan and as proposed in the revised General Plan. In
Council Minutes - 12/08/88
Page 9
order for the Planning Commission to grant such a
variance, certain findings had to be made in order to
comply with state and local planning laws. He listed
the findings, explaining that after discussion of the
findings, the Planning Commission approved the variance
on a 3-2 vote.
Regarding TTM-88-3, the tentative map proposes to
subdivide the property into seven individual lots. The
existing single-family residence will remain on Lot No.
1 and all other existing structures will be removed. He
listed the size of the lots, stating that all of the
lots meet the required minimum lot size requirement of
7,200 sq. ft. and the minimum lot size of 60 and 70 ft.
Because of the narrow width of the property, a variance
was requested and approved for five of the lots
regarding the minimum lot depth requirement of 100 ft.
The map also proposes a 20 ft. front yard setback in
order to provide a larger buildable pad for the lots.
He listed the reviewing agency comments. He stated that
the Planning Department recommends the following
conditions of approval: (1) An overall design program
shall be approved by the Site & Architectural Review
Board and listed the programs it should include but not
to be limited to; (2) Appropriate CC&Rs shall be
submitted to and approved by the Director of Community
Development. Said CC&Rs shall include the approved
design program required in Condition No. 1 and shall be
recorded in the office of the County Recorder; (3) All
the conditions as recommended by the Department of
Engineering/Building & Safety in their memorandum dated
October 28, 1988 and (4) All the conditions as
recommended by the Forestry and Fire Warden Department
in their Memorandum dated October 5, 1988. The Planning
Department recommends the City Council deny the appeal
of V-88-1, thereby, upholding the Planning Commission's
approval. Regarding the tentative map, the Planning
Department recommends the City Council adopt the
attached Resolution approving TTM-88-3 and the
associated Negative Declaration subject to the
conditions contained therein.
Mayor Matteson The reason I appealed the decision of the Planning
Commission is because I want to have Council take a
closer look at this piece of property. It is in a mixed
zone where we have residential and commercial in the
same block. I would like to have the people who oppose
or favor the project to address the Council so that
Council can have a firsthand knowledge of objections and
support of the project. He explained that his main
concern is residential and commercial side by side.
Council Minutes - 12/08/88
Page 10
PUBLIC PARTICIPATION
Richard Siegmund
Mr. Siegmund stated they designed the project and feel
Sigland & Associates
that it fits the use of the land very well. I
364 Orange Show Lane
understand your concerns of commercial. As you know,
San Bernardino
quite often there are other types of uses to buffer
between commercial and residential, in this particular
case the property is R-1 and the only use that we can
put on the property is single-family homes. It has a
standard 15 ft. building setback on the rear of the
property. The variances that we requested in the front
in no way affects that. He felt that a decorative block
wall along the south perimeter that adjoins commercial
could separate the two nicely. He felt that when the
commercial property is developed to the south you'll
have an opportunity through your Architectural Review to
possibly help the design of that project that would make
it as compatible as possible to the residential. He
stated the houses he would propose would be designed
more in the ranch style and they would be set further to
the front. They wouldn't be built as far back as normal
when you have a garage out in front.
Councilmember Singley Lot No. 7 on the map, Exhibit A. Shows a setback on the
front of 20 ft., shouldn't that be 25 ft?
Community Development That's one of the requests to have that front yard read
Director Sawyer 20 ft. and not 25 ft.
Councilmember Singley Okay, as I understood it, you said there was no change
in Lot No. 7.
Community Development In Lot No. 7 there is no request for a reduction in the
Director Sawyer lot depth, but there is a request for a reduction in the
front yard setback to 20 ft.
The following are Grand Terrace residents who opposed
the project.
Lee Swertfeger, 12438 Michigan
Francis Carter, 11938 Arliss Drive
Richard A. Hait representing Mrs. Brumgear (3 acres
adjacent to the north of subject property.)
The following are Grand Terrace residents who favored
the project.
Mr. & Mrs. Mark Hendricks, 12394 Michigan
Virgina Ogawa, 12556 Michigan
Faith Kelly, 22017 De Berry
Mr. & Mrs. Lloyd Austin, 12356 Michigan
Barney Karger, 11668 Bernardo Way, spoke on the
variance.
Council Minutes - 12/08/88
Page 11
Richard Siegmund I would like to address a couple of items. Mr. Karger
has indicated that he has never had a project with a 20
ft. building setback. In San Bernardino County I
process many projects a year, I think eight maps since
last year. We have that type of building setback as a
standard condition. San Bernardino County, for example,
does not allow 25 ft. building setbacks down the
street. They don't want that row of houses. We are
required to vary them from 22 ft. to 28 ft. and no two
adjoining building setbacks can be the same. The
minimum standard is 22. I think the only thing that
comes to my mind, I believe it was last year, we were
about to submit this tract for review about a year ago
when you started through your Community Plan or General
Plan whatever you call it, then it was to look at the
city and decide where you want it and what zoning; where
you want it and what street widths. How are you going
to plan the development of this community for the next
ten years. I've sat in on some of these meetings and
you've had a lot of response from the people and as I
believe now after all of that conversation,
commercial/residential line was drawn at the south
property line of this property. I don't know how all of
these details came about, but what I'm hearing is you
saying well gee, we zoned that R-1 and in our wisdom we
are reviewing it. We hired a consultant, we had many
hours of conversation in these chambers, we finally
determined it is R-1, but gee whiz, your project
shouldn't be R-1, we are going to adopt the General Plan
tonight, but tomorrow you should probably start a zone
change in the General Plan Amendment to make it
commercial. After you go through that year of process
and somebody submits a tentative map and has been
reviewed by Staff and by the Planning Commission and now
open this all up and say, well gee, what we are going to
adopt tonight probably is wrong, strikes me funny
somewhere, thank you.
Being there was no one else wishing to speak for or
against the project, Mayor Matteson turned the issue
back to Council.
Councilmember I have a question for Mrs. Carter. What kind of project
Pfennighausen are you planning on Michigan that would be so
reprehensible that you don't want it next to residential
property?
Mrs. Carter Barbara, it's not reprehensible, I feel and I've said
before, none of that should have been residential to
begin with. For the good of the community, I think that
all of that should have been commercial as it was
designated at one time or MRT. It's not going to be
heavy industrial, it will be a commercial complex
Council Minutes - 12/08/88
Page 12
similar to what's down there by the skating rink at this
time. It's not that it's reprehensible, it's just that
it shouldn't be residential, you know that there will be
problems there. A street should be a barrier, not a
block wall.
Councilmember Thank you, I'm just glad to know that it isn't going to
Pfennighausen be something absolutely ..., because there is going to
be houses across the street from there and if it was
something bad, then we wouldn't want it there at all. I
did sit in on the Planning Commission meeting where this
project was discussed and the Planning Commission tore
the project apart and put it back together again. It
wasn't something that they passed quickly or that they
took lightly. It's no big news to anybody that I feel
that that area should be residential. I probably can go
along with the fact that you shouldn't have half a block
residential and half a block commercial. So, as one
side is saying that it should all be commercial, there
is another side that is saying it should be
residential. One of the reasons that it got split the
way it got split was because of existing uses. As a
matter of fact, had it not been for the plea for Mr.
Swertfeger, I probably would have pushed to have the
whole thing residential in the beginning. That would
have impacted Mr. Swertfeger and for that reason only,
was I in favor of splitting that block. There is no way
because of the well and pump or whatever is in that
property, for the property to be divided in the
east/west street, that would come off of Mavis and that
would be a likely variance. I think that it is
extremely unfair to take a person as we did with this
piece of property, put them through all of the hearings
that they've gone through, tell them finally that their
property was going to be single-family residential; put
a moratorium over their property. The west side of
Grand Terrace, the area west of Michigan to the freeway,
has probably had a moratorium over it 2/3 of its time
since incorporation. The people over there have to be
extremely frustrated. There's a paranoia possibly that
has developed on the west side, but I guess a paranoia
develops quite naturally when you keep being attacked,
attacked, attacked and they keep trying to take away
your homes and the things that make you comfortable. I
have a feeling that if we did the same thing to any
other section of town, there would be a greater outcry.
The people on the southwest side have been much more
tolerant about the things that they've had to deal with
and the changes that have been made than any other part
of the City. We will be discussing the change in land
use or the potential land uses again when we move into
the General Plan portion of this meeting. I keep
hearing everybody say that we have to have all of this
Council Minutes - 12/08/88
Page 13
land zoned commercial.
McDowell, he wanted that
west side and he fought
thank God that it isn't 1
fought hard for it. John
honest effort you put out
up front. The fact is,
have been in there, it
wouldn't be there 20 ye
enough access into the a
access is prohibitive. Wo
enough. Without that bl
presently developed comme
to be developed commeri
General Plan, and this
property. There is some
100 acres of land in the i
to retail commercial. No
cannot effectively DlE
[ have great respect for John
regional shopping mall on the
For it and it isn't there. I
here, but he's a good man and
McDowell I commend you for the
because you were always right
.hat shopping center would not
wouldn't be there today, it
irs from now. There is not
•ea and the cost to open that
need to establish how much is
ick of property, with what is
rcial and what has been zoned
ial, and what is presently
is without this piece of
place in the neighborhood of
ity of Grand Terrace dedicated
4 if we a City, 3.7 sq. miles,
n and utilize that much
commercially designated land to support this City, then
we are not doing something right. We don't need to take
people homes away and we don't need to impact their
life-style in order to do that.
Councilmember Singley I looked at the plan and I tend to agree with
Councilmember Pfennighausen that the property along
Michigan, and I believe most of the Council have
expressed, mostly residential and it is Council's desire
to maintain a residential atmosphere in this community.
I don't particularly care for the plans, I think that
they are poor. I think it is difficult to tell people
that they are zoned for residential, they build plans,
go to architects, spend a lot of their own money on
plans and then come to the City Council and possibly are
turned down because of a possible change in zoning. It
is my opinion that all of Michigan, starting with the
homes on De Berry towards Van Buren, should be
residential. We should maintain that and probably
change the zoning of the people who own the trucking
firm to residential. It is easier to move trucks than
houses and families. Like Councilmember Pfennighausen
said, we are going to review the General Plan and there
are going to be some proposals made as to Commerce Way.
I think a good compromise, if you stay long enough, you
will see that we are trying to make options on Commerce
Way that will allow for commercial buffer between the
houses on Michigan. At this time, I find it extremely
difficult to deny them this. Therefore, I probably will
vote for it. I don't think it is a very good housing
plan, but I also do not want to see commercial
development on Michigan where children have to walk that
street to go to the school on the end.
1�
Council Minutes - 12/08/88
Page 14
Councilmember I know it is a difficult piece of ground to determine
Carlstrom what to do with it and the plan the way it is laid out
looks good to me, except, the thing that concerns me is
the property owner to the north. I would probably be
more in favor of the project if the property owner to
the north was compatible to the plan, because then,
there would be the possibility that sometime in the
future that that street would be built out to its full
width and there would be homes on both sides. But,
since that doesn't seem to be the flavor tonight, it
would be very difficult for me to vote in favor of this
project. We have a couple different places in the City
where we have half streets that will never be
developed. One I would like to point out to you is
Renee Lane over there, where the County apparently
approved the building of a commercial building that
backs up to about a 25 ft. high wall, right down the
middle of where that street should have been a full
width if it was properly planned. Another one we should
look at, I think it is LaPaix, behind DeBerry and
between Willet Court and Pascal, to the north of there
we have a half street that will never be a full street.
I think that we are getting into a situation where we
are going to have another half street and that kind of
bothers me.
Councilmember Just to address the property to the north, the property
Pfennighausen to the north, David, if I'm not mistaken, was in the
last General Plan adopted in 1984, was that not
residential?
Community Development This property and the properties to the north were
Director Sawyer residential.
Councilmember Right, that's been residential since we did the General
Pfennighausen Plan update process which started in early 1983 or late
1981. That property has been a residential designation
for over four years. According to our maps, it is
residentially designated.
Mayor Matteson Okay, we have a dilemma, we have an appeal here, we
either approve the appeal or deny the appeal. If we
deny the appeal the project goes, if we uphold the
appeal, the project is denied.
CC-88-217 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER
SINGLEY, to deny the appeal.
Mayor Matteson Point of clarification. The project was approved by the
Planning Commission, I appealed that decision, now we
are voting on my appeal. Barbara has voted to deny my
appeal. If you deny the appeal, the project is
approved, if you uphold the appeal the project is
denied. We have a motion and now we need a second.
Council Minutes - 12/08/88
Page 15
Community Development For clarification, your motion is on the appeal itself,
Director Sawyer correct, if you vote to deny the appeal, you are then
upholding the decision of the Planning Commission on the
variance. You will still need another motion to approve
the map and you can make different conditions if you
feel necessary on the map than as proposed by Staff.
Motion CC-88-217 failed with Councilmembers
Pfennighausen and Singley voting AYE.
Richard Siegmund Mr. Mayor could we asked for a continuance on the track?
Community Development That would be acceptable from Staff's point of view.
Director Sawyer
City Manager Schwab You want to continue the entire thing or just the map.
Community Development Just the map, that is what I understand it, but right
Director Sawyer now, you just simply voted down Councilmember
Pfennighausen's motion. The variance is good, so that
means action for your body to do is now act on the
tentative map.
Mayor Matteson The variance is not good because that's what we
appealed.
Community Development No, the variance is good, the Planning Commission
Director Sawyer granted the variance. Your appeal was on the Planning
Commission's decision and so, if your appeal would have
been successful, then the variance would have been
declined.
Councilmember His appeal was successful, it was a reverse vote.
Pfennighausen
Mr. Siegmund asked for a continuance on his tract map
for 30 days.
Community Development For clarification, your motion is on the appeal itself,
Director Sawyer correct if you vote to deny the appeal, you are then
upholding the decision of the Planning Commission on the
variance. You will still need another motion to approve
the map and you can make different conditions as you
feel necessary on the map than as proposed by Staff.
CC-88-218 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED
5-0, to grant a 30-day extension on Mr. Siegmund's tract map.
Community Development Staff is asking Council to adopt the final draft of the
Director Sawyer General Plan. The Ordinance accomplishing that was
distributed to you with your copies of the final draft
of the General Plan. I have a couple of maps that have
been updated and I would like to distribute them to you
11
Council Minutes - 12/08/88
Page 16
at this time. Then I'd like to run by the map real
quick and show you what the changes are that are being
looked at right now. (Making indication on the map) All
the property which is east of Mt. Vernon has remained
the same in the final draft of the amendment as it was
in the existing General Plan. There are no changes
proposed east of Mt. Vernon in the City. There is the
possibility that when we come back with zoning, there
may be some residential zoning changes, but those would
be within the same General Plan Designations as we have
in the existing General Plan. West of Mt. Vernon is
where we've gotten into our different changes. Barton
Road has changed, we use to have AP between Vivienda and
Canal and AP just east of Canal also. That has been
changed to general commercial and all of the AP Zoning
General Plan designation gone from Barton Road with the
exception of the property east of Mt. Vernon after it
makes the curb. We have a slight change from what we
have discussed earlier on the Council level for the land
uses which Staff is requesting at this time and that is
that the Phase II Development for Forest City Dillon's
Project be designated for medium density. Courts have
decided against the project as going in so Staff is
recommending that we make the General Plan consistent
with that so that we do not have any consistencies with
land use development in the General Plan. Other changes
have occurred, this residential which was onceprevious
to this draft designated for residential designation has
been changed to commercial designation at the request of
the property owner. This is the area which has been in
question earlier this evening. Staff originally
recommended this area to be entirely commercial, through
Council's direction we are indicating it to be
residential. These homes along Michigan Street, south
of Van Buren, that backup against Wildan Pump are also
being retained as residential. We go further down
Michigan all the homes that are existing that are
centered around Pico are remaining residential. The
Inland Lumber Company has a change in designation. This
10-acre parcel, which they own, which is now vacant, is
being changed from industrial to commercial. The
changes that we made earlier in the year regarding the
property west of the freeway have all be incorporated
into this motion in this General Plan adoption, so we
are wrapping all of that into this Ordinance. We are
not changing anything from what Council already took
action on at that time. Circulation, we are now showing
on the final draft Commercial Way to come down
(indicating on the map) in this location splitting the
commercially -zoned property for access purposes. Then
at Van Buren to swing across until it comes to Pico at
this point and then come down through the Edison
property. That, at this point, seems to be the most
Council Minutes - 12/08/88
Page 17
less intrusive right-of-way to the existing land uses
that are in that area overall. When the Edison property
does develop, this is all vacant farming land that's
down there and if one ownership, the division of the
land properties can be handled in a major development
plan at that time. There have been talk recently at our
workshop about culdesacing some of these streets. We
can discuss that and add that to this plan if Council
wishes to, but it's not presented on this plan at this
time. Are there any questions regarding the map?
Mayor Matteson Except for the circulation, the other zoning are all the
same as the Council has taken action on prior to this
meeting, is that correct.
Community Development Yes.
Director Sawyer
Mayor Matteson You've made no changes that Council has already
approved?
Community Development Other than the second Phase of Forest Dillon, that is
Director Sawyer the only thing I'm recommending on land use, that's not
the same as what you've made motion on todate.
Mayor Matteson I would like to take this in two sections, first the
land use and then the circulation.
Community Development That's fine, our Ordinance is set up all at once.
Director Sawyer
Mayor Matteson You can do it all at once, but we can disapprove it a
parcel at a time.
CC-88-219 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, to
accept the land use as designated.
Mayor Pro Tem Grant Mr. Mayor the court has ruled on Phase II and legally
it's a settled issue, therefore, the Planning Department
has complied with the inevitability of this. Therefore,
I recognize that Council has no choice but to approve
this designation of medium density for that area. I
will vote against the motion strictly as a matter of
principle. I wish that the land use motion had been
broken down into areas of the community, because I
approve of basically most of everything that we have
here since Staff has already indicated there really are
no changes except for the Phase II area, but
unfortunately because of that, as a matter of principle,
I will have to vote against the motion. It's an
artificial thing on my part simply because I'm basically
in favor of what we have here.
Council Minutes - 12/08/88
Page 18
Mayor Matteson Mr. Grant, I too was against the apartments just as much
as you are, we lost the matter in court and it's just
the semantics of now changing it to comply. It makes no
difference if that is the only reason that you are not
voting for it, we may need the vote for the rest of the
plan.
Mayor Pro Tem Grant I think you are right, is there any way that we can ....
City Manager Schwab The maker of the motion could modify the motion to
remove that particular parcel and Council can vote on it
separately.
Mayor Matteson The maker will change his motion if the second concurs.
Councilmember Singley I concur.
Mayor Matteson Any discussion?
Councilmember Now, tell me what it is that we're ....
Pfennighausen
Mayor Matteson We are voting on the map just as it is as Council
previously done, the only section that was withdrawn was
the one that is medium density that was voted R-1 on the
Forest Dillon project, which we will handle under a
separate motion.
Councilmember Okay, then we are to the west side, at this time then is
Pfennighausen the time to clear up the situation that we just got
through dealing with, the appeal that was denied. I
still firmly believe that the area fronting on Michigan
should be retained as residential. I'm not going to
deal with the commercially designated property to the
west of that, but I do believe that by drawing a
straight line down from DeBerry to Van Buren, making
that residential, retaining the rest of the area as
commercial, would eliminate the kinds of conflict that
seems to be going on right now.
Mayor Matteson The problem I had with that is that those commercial
businesses that are down there that we have zoned
commercial, they have been there even before this City
was incorporated and I don't think it would be fair to
those people, at this time, to change their property to
residential and make them sit there with a
non -conforming use. I think the problem is that we got
a problem down there and I think the situation we've
come up with in the past is the best of two evils.
Councilmember Singley Dealing with the amendment to your motion, it is my
understanding that the courts have spoken on this issue
and we really don't have a choice on it. Correct me if
Council Minutes - 12/08/88
Page 19
I'm wrong, but Mr. Grant your contention is out of, for
what reason I don't understand why you want to pull that
particular parcel when the courts have already said it
has to be that way.
Mayor Pro Tem Grant Well, first of all in my own humble way, I disagree with
the court. Number two, I felt all along that we should
have appealed, but the majority of the Council felt that
we should not. I am philosophically opposed to it, I
have been and I'll continue to be. One individual, a
judge of the Superior Court, has indicated that this
will be what we are going to vote on tonight. I will
not vote for it and that's why I expressed my
appreciation to the maker of the motion in dividing this
up, because I do not want to vote against this land use
in its entirety, but if I'm force to I will.
Mayor Pro Tem Grant Now, tell us what we are voting for.
Mayor Matteson We are voting to accept the map as designated without
that Forest Dillon property ....
Mayor Pro Tem Grant Okay, very good.
Councilmember Well, I will vote against that motion because I feel
Pfennighausen that the other consideration is not being addressed.
Motion CC-88-219 carried 4-1 with Councilmember
Pfennighausen voting NOE.
Mayor Matteson Now I would like to entertain a motion for somebody to
bring the Forest Dillon property in line with the other
zoning.
CC-88-220 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER
CARLSTROM, CARRIED 3-2, (MAYOR MATTESON AND MAYOR PRO TEM GRANT
VOTED NOE), to bring the Forest Dillon property in line with the
other zoning.
Mayor Matteson At this time we will address the circulation, Mr. Sawyer
will you go over that one more time.
Community Development What we are looking at right now is a plan that will
Director Sawyer allow us to have a continual Commerce Way all the way
down to Main Street. If you remember one of the primary
reasons for bringing Commerce Way down to Main Street
was that if we can show that we have a way for the
commercial traffic to come all the way to Main Street
and then continue on and access the freeway down on the
off -ramps to the south, then we were hoping that that
would bring the traffic that way rather than bringing it
back up Michigan Street. Because of that, the
engineering consultants at Wildan indicated that we
would be able to reduce the width of Michigan from a
1
n
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Council Minutes - 12/08/88
Page 20
secondary highway as it is now proposed to a collector
street and we will not have to continue the widening
process at Michigan. The problems that we encountered
were Edison and the existing land uses in this area of
the map which prohibited us to have an easy flow down to
Main Street. What we have tried to come up with is a
path that is of least resistance. What it does is come
down and bi-sects the commercial area that we have
indicated. The reason for this is to allow development
off of Commerce Way on both the west and east sides of
Commerce Way. In this area here (indicating on the map)
it is critically important to do that for a retail
commercial type of development because that allows
buildings to be developed on this side of Commerce Way
which can attract freeway visibility directly to the
buildings and their products. This will continue on
down and then as the large parcels of land develop in a
commercial manner, we will have the access dictated to
them off of Commerce Way for their particular purposes.
Bringing it down to Van Buren Street, we then swing it
through, what is now the farming area, the vacant land
that Edison owns, and it swings through on a curve so we
don't have any real jagged sharp curves that we have to
deal with upon the intersections with something other
than 90-degree angles. Swings through this direction
and moves over to continue down through the Edison
property. This alignment we believe is not going to
have a severe impact on Edison. We have not heard any
comments on this since this is just come about and we
are discussing it for the first time, but it shouldn't
have the impact as it would if we were going to have to
bring it over in this direction and get in line with
their cooling towers. This will only go through if and
when this property would develop in the manner in
accordance with the General Plan. We could work some
deal out with Edison for permission to put road through
there in that manner. The other roads currently on our
General Plan are designated as secondary highways. This
circulation pattern and the change in the land uses,
which we've indicated, will allow us to develop the
east/west running streets as they are proposed now as
collectors.
Mayor Matteson Did you address the idea of a culdesac on DeBerry Street
to keep any commercial traffic off of DeBerry?
Community Development That is a possibility that we can do, we can run a
Director Sawyer culdesac off of DeBerry and culdesac it here (indicating
on the map) and then we will bring DeBerry in this
direction, culdesac in this direction so there will be
no thoroughfare for commercial traffic to get through to
the residential area. That is a very good possibility.
We can do the same type of treatment with Van Buren. It
is a little bit more difficult down here because we have
Council Minutes - 12/08/88
Page 21
commercial in this area and we have existing industrial
uses here. We will have to really consider where would
be a good place for that, but that would keep traffic
from coming down here doing their business in this
direction or here and then coming back out Van Buren and
cutting up Michigan. Those are our final alternatives.
My comment on that and why I don't have them on the map
at this time, is that the Planning Commission never
discussed that and the public have not had a chance to
comment on it.
Mayor Matteson Well, that type of thing can be done without too much
trouble at a later date when we don't have to have
designated land for that particular ....
Community Development Right now without that on the General Plan, we can't
Director Sawyer force that on a development if it was coming in the path
of where we wanted that to happen. We could come back
with another General Plan Amendment dealing with just
that specific issue and deal with that again when you
feel that it is time.
Mayor Matteson If we put that on there we could require the developer
to do that or else to post funds to do that so that we
could do it at a later date.
Community Development I don't know if our City Engineer has really discussed
Director Sawyer or considered that option either, he may want some time
to review the idea of culdesacs.
City Engineer Kicak David this is the first time I heard of it, so I haven't
had a chance to look at it. For clarification, are we
showing Commerce Way as a secondary highway all the way
down to Main Street? The response was, yes. Michigan
Street would be to a collector status based on the map
that I have in front of me?
Community Development Yes, Michigan will come down as a modified major highway
Director Sawyer to this point where Commerce Way then intersects it,
intersects with it and I believe it is approximately 200
ft. beyond that. At that point, Michigan will remain a
secondary highway until it comes down to DeBerry, at
DeBerry where we will then bring it down as a collector
for the remainder of Michigan Street.
City Engineer Kicak We are talking about a 64 ft. right-of-way with a 40
ft. curb separation. I just want to clarify that
because that is an important issue for what is being
done right now.
Community Development I believe that is correct, we have those figures in the
Director Sawyer book.
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Council Minutes - 12/08/88
Page 22
Mayor Matteson We want to keep Michigan the same width, we got some
areas that are wide and some that are narrow, we want to
keep it so the width is the same all the way down.
City Engineer Kicak The reason I brought this up is because if you recall,
the City Council authorized the storm drain project that
involves the installation of curbs and gutters. Based
on the last discussion that we had, that particular
project was based on a secondary highway or a secondary
highway standard which is 44 ft. centerline to the
right-of-way line. This apparently has been changed to
a collector status. I just want to point that out,
which means that the right-of-way that we have right now
would be adequate on Michigan Street and it would be
narrower than the widest separation that you had.
Community Development The collector widths and pavement widths are 66 ft. and
Director Sawyer 44 ft.
City Engineer Kicak And that is what we have right-of-way for right now. I
just wanted to clarify that for myself sir.
Mayor Matteson What is Council's desire?
Mayor Pro Tem Grant On my observation of this, I do think that Staff's work
on this was well done. I think that the extension of
Commerce Way was an excellent compromise between a
variety of alternatives none of which were totally
feasible. I'm delighted to see Michigan being a
collector street. I agree that there should be some
smoothing out of the width, but the point is we are
leaving Michigan alone. We are providing some
resolution to what maybe a continued bottleneck at the
intersection of Michigan and Barton Road. We are doing
that by the modified major highway process. I'm
delighted that we have decided to proceed all the way to
Main and I think this is a good Circulation Plan.
CC-88-221 MOTION BY MAYOR PRO TEM GRANT, that the Circulation Plan be
approved, if that is the correct language to the motion, if that's
not, tell me how to word it.
Community Development Okay, we need to do a couple of things. The Ordinance
Director Sawyer that is included with your General Plan is an Ordinance
which approves the environmental assessment which has to
be done prior to your final adoption of the General
Plan. So, if you would like to make a preliminary
motion so that we all agree on the Circulation Element,
that's fine, but the formal action that you need to do
in order to adopt the General Plan is to simply approve
the adoption of the Ordinance that has been presented to
you this night.
Council Minutes - 12/08/88
Page 23
Mayor Pro Tem Grant
Councilmember Singley
That's my motion.
It's my understanding he's making a motion to approve
the Circulation, right. The response was, right. I'll
second it.
Councilmember I think that the way that Commerce Way has been extended
Pfennighausen is the best possible solution that we could come to.
We've split property lines, given Edison the greatest
impact to swallow, not impacting Inland Lumber cutting
through the area where they do business, but coming
along their perimeter. That's not impacting Mr. Green's
property and leaving him 12 ft. on each side of the road
to grow flowers on, which was suggested that as long as
he could grow flowers on it, it wasn't a taking and
therefore, we weren't legally liable. I have some real
problems though, unless this Council is ready to take
action and I expressed these at the workshop and I'm
going to do this at this time. A road designated on a
piece of paper is great, but that road has to be put
onto the dirt and paved in order for it to carry
traffic. We come back to the same problem, if that road
is not developed, the traffic is going to come onto
Michigan, which we now have designated as a collector
street. It will not be as wide as it would have been
and that's fine, as long as the alternative way is there
for the traffic to get out. I'm perfectly in favor of
the Circulation Element so long as no property is
developed until this road is developed. Because the
reality of it is that we cannot force the developers to
build the road past Van Buren through the Edison
property. Edison doesn't have to develop that road
because they are not going to do anything with it. They
are not going to do anything with their property down to
Main, that makes it the City's responsibility to develop
a road from Van Buren to Main Street to handle the
development that will take place between DeBerry and Van
Buren. If we so designate this, we need to be ready to
put the road in to install that infrastructure to open
up that development between DeBerry and Van Buren or we
must freeze development between Deberry and Van Buren
until that road can be opened up or the reality is that
traffic is going to go onto Michigan Street.
Motion CC-88-221 carried 5-0.
Councilmember Mr. Mayor, relative to the rest of this document,
Pfennighausen because we are getting ready to approve an entire
document at this time, after having just dealt with the
Land Use and the Circulation Element, there are four
other elements in this General Plan and I think that
it's incumbent upon us to at least address those
elements. One of the elements is a Housing Element and
LIN
Council Minutes - 12/08/88
Page 24
0
I
we have a proposal before us tonight to hire a
Consultant to update the housing Element. With the
Housing Element, as is, in the General Plan, it is so
wrong that based on that alone I would have to vote
against this document as a whole, because at that time
I'm saying that I have read and approved this document
as being true and correct and that is not true. I have
read this document thoroughly and the Housing Element is
totally incorrect and it could have been simply
corrected and it was not. Just this statistical
information could have been corrected with telephone
calls. The next thing was that we got this supposed
revised version of this General Plan within the last
three weeks I believe, was it David? That was after the
purchase of the park property and yet that portion of
the General Plan was never updated. Now, to my
knowledge, Staff did not point these things out, I don't
know whether they thoroughly reviewed the new document
after it came in, but those two things, the aeschetics
and recreational element I believe it is, element that
handles the parks and housing elements are totally
unacceptable and based on that I will have to vote NOE
on the General Plan as a whole.
Mayor Matteson The City Manager brought to my
previous motion to deny the appeal
have a motion to uphold the appeal
findings, which I have a list here,
motion.
Councilmember
Pfennighausen
City Manager Schwab
Councilmember
Pfennighausen
attention Barbara's
failed, now we must
and make the attached
so I will make that
Can I ask why we don't have legal counselor here tonight
when we are dealing with the General Plan.
His wife had surgery and they apparently had
complications and he had to stay at the hospital so he
was not available.
Do we have no backup anymore?
City Manager Schwab He does have a partner and he did offer him, this news
only came to me this afternoon and I felt that because
of the fact that his partner has not reviewed the
actions that have been taken, it just seems like we
would be throwing $80.00 an hour away to have an
attorney that was not briefed on our General Plan. If
there is any action that the Council is not comfortable
with, my recommendation would be to put anything over
until the 29th meeting which we will have the City
Attorney.
Council Minutes - 12/08/88
Page 25
CC-88-222 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, to deny
the variance based on the following findings that were approved by
the Planning Commission:
1. The shape of the property is elongated in shape,
however, this is not the unique to this property. The
property directly to the north as well as two lots to
the east are of similar shape. These lots are in the
same zoning classification and are currently developed
with single-family homes.
2. The property is currently developed with a single-family
home consistent with the Zoning Ordinance and the
General Plan for this area.
3. The variance permits a change in the development
criteria and does not effect the allowable use of the
property.
4. The granting of the variance does not effect the
project's consistency with the General Plan's land use
and density requirements.
Motion CC-88-222 carried 3-2 with Councilmembers
Pfennighausen and Singley voting NOE.
Community Development Mr. Mayor we still need to finish up the General Plan as
Director Sawyer far as we haven't taken the final action approving the
Ordinance which would approve the environmental work and
the General Plan as a whole.
CC-88-223 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, to approve
the Ordinance.
Councilmember Singley Mr. Mayor, I think that Mrs. Pfennighausen statement on
the lack of an updated housing element is well taken and
I believe the Council in later action this evening is
going to recognize that on 8C. Therefore, with that in
mind, I realize that the General Plan is not complete,
but I would be in favor of passing it because of the
number of pending actions and we are holding up a lot
ofconstruction and a lot of business the City needs to
do if we do not approve this General Plan. I think
we've waited long enough to do it.
Mayor Matteson Right, we can amend that at a later date.
Mayor Pro Tem Grant That was going to be my question because we're talking
about the RFP for the Housing Element, so I'm making an
assumption that since you put this on the Agenda, this
could come subsequent to the approval of the motion that
is on the floor right now.
Council Minutes - 12/08/88
Page 26
Community Development That's correct, we are required to amend the Housing
Director Sawyer Element every five years, 1989 is the year that we are
required to amend it.
Motion CC-88-223 carried 4-1 with Councilmember
Pfennighausen voting NOE.
NEW BUSINESS
8B. Community Center Improvements
City Manager Schwab read his Staff Report regarding the
upgrading of the Community Center with recommendation
for Council to approve the following:
(1) Installation of a central air-conditioning and
heating unit in the room used by the seniors at a
cost of approximately $3,000.00;
(2) Installation of a drop ceiling and lighting system
in the main auditorium at a cost of $5,500.00;
(3) Installation of three evaporative coolers in the
auditorium for $1,650.00, plus two additional water
coolers; one in each Tiny Tot Classroom.
City Manager Schwab explained that at this time, Staff
does not recommend funding the floor renovations. They
are requesting that the money for this, the half would
be $6,000.00, to come from the allocation that we
received from the State to rehabilitate the park
restrooms. They are requesting a transfer of funds from
the Roberti Z'berg Fund. Staff will include the
potential floor renovations in the upcoming budget year
for 88-90 and use some of the Community Development
Block Grant funds that would be available for that.
Mayor Matteson felt that as much as this building is
used, this is a well worth while project.
CC-88-224 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR PRO TEM
GRANT, to approve Staff's recommendation one and two.
Councilmember Pfennighausen stated that it is a
wonderful idea to do all these things to this building,
but felt evaporative coolers would not be useful with
the type of weather we have. She felt once the ceilings
were dropped, maybe air conditioners should be used.
Mayor Matteson felt the cost in running the air
conditioners would be prohibitive.
Council Minutes - 12/08/88
Page 27
City Manager Schwab reported that the City had
previously offered to fund a Central Air Unit in the
Community Center with Community Block Grant funds, but
the Lion's Club felt they could not afford the
utilities. The utilities is a major portion of their
budget. They did offer that if the City wanted to
subsidize in someway portions of the utilities, then
maybe they could afford the air-conditioning. It was at
their request that we not install central air for the
entire building.
Councilmember Pfennighausen shared some of her feelings
regarding the evaporator water coolers and concurred
with the drop ceiling being put in. She felt exhaust
fans should also be put in the auditorium to move the
smoke around and draw it out during bingo. She felt a
refrigeration -type system would be better for the Tiny
Tots room. She felt improvements for this Community
Center have been long overdue and that a good job should
be done instead of doing it halfway.
Councilmember Singley felt Mayor Matteson should send a
thank you letter to the Lions for their generous 50
percent of the cost.
Motion CC-88-224 carried 5-0, to approve Staff's
recommendation for improvements to the Community Center.
Tony Petta, 11875 Eton Drive, concurred with
Councilmember Pfennighausen regarding the
air-conditioning. He shared his feelings regarding the
cost and the City's part in paying a portion of the
utilities. He pointed out that the Community Center is
used to a large extent by the community. He mentioned
that the City of Grand Terrace did not have one single
historical site and wondered while doing the General
Plan if Council could designate the center as a
historical site.
Mayor Pro Tem Grant questioned the cost of
air-conditioning the Community Center?
City Manager Schwab explained they are looking at some
initial estimates between $25,000 and $30,000 for the
entire building and that included at that time, dropping
the ceiling.
Council recessed at 8:30 p.m.
Council reconvened at 8:40 p.m.
Council Minutes - 12/08/88
Page 28
8C. Request for Proposals for Housinq Element Consultants
Community Development Director Sawyer read his staff
report. He read Staff's recommendation for
authorization to send out Request for Proposals to
Consultants for the updating of the City's Housing
Element, explaining that the anticipated cost for the
proposals will come in at a cost of approximately
$25,000.00 to $35,000.00.
Mayor Matteson referred back to what Councilmember
Pfennighausen said about minor changes in the Housing
Element and questioned the excessive price?
Community Development Director Sawyer explained that
there were not necessarily minor changes that were
done. The changes that were done through the Housing
Element through the revision of the General Plan were
minor changes. We have received from the State our new
Housing Allocation Model which says how many units a
lower moderate income residential units we have to
provide in our community for the area and there are
other changes we have to update through this process.
It has to go through the full public hearing process,
the Consultant has to prepare the element, go through
much of the same work as the entire General Plan we've
done with just the Housing Element and that is just a
general estimate of what they are charging the
communities in order to do that. There is a lot of time
involved in doing that.
Councilmember Singley referred to 8D (Request to send
out Request for Proposal for Barton Road Specific Plan),
pointing out that Council will also be requesting a
proposal for the Barton Road Specific Plan. He
questioned if the Housing Element and Specific Plan
could be combined to lower the cost with one firm?
Community Development Director Sawyer indicated they
would consider that when interviewing firms, pointing
out that he did not want to tie their hands because one
firm may be very well adapted to doing Housing Elements,
but may not have the design capabilities or the
specifics for the design development element of the
Specific Plan of Barton. He stated if we can do that it
will be done on Staff level and brought back to Council
as a savings.
CC-88-225 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, to
authorize Staff to send out Request for Proposals to Consultants.
Council Minutes - 12/08/88
Page 29
Councilmember Pfennighausen shared concerns she had
regarding these Request for Proposals. She stated that
at the time we started into the General Plan process, we
knew that the General Plan Housing Element had to be
updated and we set it aside and didn't deal with it for
a variety of reasons. She pointed out that if you took
the entire General Plan document that was adopted in
1984 and start through it one page at a time comparing
it with the document that we just adopted, about 99
percent of it is exactly the same. She stated we paid
approximately $30,000.00 to have somebody take a
standard piece of material that any city could use, plug
in a little bit of data and spend a lot of time doing
it.
Mayor Matteson reminded Council that they hired the
Consultant, but did not listen to him. The Consultant
came in with his proposal and Council knocked him out of
the water.
Councilmember Pfennighausen stated that she was
referring strictly about the printed document. The
printed document is standard and they went through and
probably for $5,000.00 the changes could have been made
and probably for $10,000.00 worth of time. We could
have saved approximately $13,000.00 to $23,000.00. She
could not accept how updating our Housing Element would
cost $25,000.00 to $35,000.00. She stated that unless
someone can tell her what is going to be so different
she could not authorize spending that much money to do
the Housing Element. She stated that she compared the
present General Plan to the old and you find that 90
percent of the material is just copied over from the
last General Plan. She stated that if she finds that to
be the case also with the Housing Element, then you will
hear it again that we are getting ripped off, we are
spending money unnecessarily. She asked Community
Development Director Sawyer if he could assure her that
there are drastic changes that are going to take place
in our Housing Element that will justify $25,000.00 to
$35,000.00 for expenditure on a Consultant?
Community Development Director Sawyer stated that he can
guarantee that this is a requirement by State Law and
that we have to have it reviewed and updated.
Mayor Matteson stated that the thing is that you might
be able to just find the previous one and it might be a
lot less just to update if the previous consultant has
all of the information still at his fingertips.
Council Minutes - 12/08/88
Page 30
Community Development Director Sawyer stated they may,
but with documentation today and the electronics
available, there are machines that can do that too.
Using the same consultant wouldn't be that great of a
benefit, indicating that they have a long list of
consultants which will bid on it who are calling asking
to be put on the list.
Motion CC-88-225 carried 4-1 with Councilmember
Pfennighausen voting NOE.
City Manager Schwab pointed out what Staff was asking
for tonight on both the Housing Element and the Specific
Plan is the ability to go out and shop the market. When
we come back to the City Council with a selection of
consultants for both these projects, that would be the
appropriate time to ask the consultant what they are
going to provide for the amount that is included in
their proposals. There will be ample opportunity to
address all of the concerns that Council would have.
Councilmember Pfennighausen requested a copy of what's
going to be required in the Housing Element from the
Planning Department. She stated there has never been
any doubt in her mind that when an RFP goes out with a
dollar amount attached to it $25,000.00 to $35,000.00
there's not going to be one proposal come in for less
than $25,000.00. They will most likely all be close to
$35,000.00, we've already told them how much we are
going to pay for it.
Mayor Matteson asked if that is figure is put on it when
it is sent out?
Community Development Director Sawyer explained that
they haven't formalized the RFP yet, but he was not
anticipating putting a cost figure in it, he will let
them make the bids.
Councilmember Singley stated that all they have to do is
read the City Council Agenda.
8D. Request to send out Request for Proposals for Barton
Road Specific P an.
Mayor Matteson felt it was a necessary thing, rather
than have Barton Road developed into little strips like
Hesperia. We want to have a nice development in Grand
Terrace and have all the Specific Plans set out.
Council Minutes - 12/08/88
Page 31
Councilmember Pfennighausen stated that four years ago,
Councilmember Evans came before this body after going to
the Planning Department and called the attention to the
need for just this thing. She explained that City
Engineer Kicak has made up, at Council request, Specific
Plans for development of that area and Council might
want to look at that again. She explained about the
amount of money that the City has spent on consultants
in her six years on the Council and getting very little
back for it. She felt this plan is necessary and
requested having an architectural style included in the
final Specific Plan.
Mayor Matteson agreed with Councilmember Pfennighausen
stating that people who live in that area will end up
with a better project and will be worth more money and
they will build better businesses if this plan goes
through.
CC-88-226 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR MATTESON, CARRIED
5-0, to approve the request to send out Request for Proposal for
Barton Road Specific Plan.
CLOSED SESSION
City Manager Schwab stated that since the next item 8E
has to do with on current litigation with T.J. Austyn,
he requested a Closed Session prior to the discussion of
this item.
Mayor Matteson explained that Council met in Closed
Session to discuss current litigation, no decisions were
made.
8E. Com romise Proposal regarding Tentative Tract extension
or T.J. Austyn
City Manager Schwab reported that Council is aware that
the City is currently in litigation for a Writ of
Mandate for an extension of Tentative Tract Map 13050.
Staff has negotiated with the developer and tried to
reach a compromise that met the goals of the Council to
try to increase the lot size as the development has gone
from the northerly section of the foothills toward the
south. He explained they negotiated a compromise
proposal with the developer and listed them as follows:
The developer would eliminate four lots from the
development completely and reduce the subdivision from
89 to 85. They would culdesac Kingfisher, just off of
Pico; They would increase the 14 lots adjacent to that
to a minimum lot size of 10,800 sq. ft. Agreed to a
minimum of 8,000 sq. ft. to the lots that would be
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Council Minutes - 12/08/88
Page 32
adjacent to that on Lark. Agreed to construct an
off -site desilting basin. City Manager Schwab indicated
to them that the Council requested that a fence be
installed around the desilting basin to detour that from
being an attractive nuisance to children. They agreed
to submit to that condition and they will drop their
current lawsuit and claims for damages thereof.
CC-88-227 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, to
approve Staff's recommendations with stipulation that a 6 ft. fence
be installed.
Mr. Gary Fudge, T.J. Austyn, concurred with the 6 ft.
fence.
Motion CC-88-227 carried 5-0.
Mayor Matteson adjourned the City Council meeting at
9:10 p.m. until the next regular City Council/CRA
meeting which is scheduled to be held on Thursday,
December 29, 1988 at 6:00 p.m.
TY C CLERK o the ity o
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7rnd Terrace
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MAYOR/of the Cit toffr-andTerrac-e-
Council Minutes - 12/08/88
Page 33
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