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10/25/1990CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - OCTOBER 25, 1990 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on October 25, 1990, 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 Randall Anstine, Assistant City Manager Juanita Brown, City Clerk David Sawyer, Community Development Director Joe Kicak, City Engineer Alan Burns, Deputy City Attorney ABSENT: John Harper, City Attorney The meeting was opened with invocation by Tom Turpen, Student, California Baptist College, followed by the Pledge of Allegiance led by Mayor Pro Tem Grant. Mayor Matteson convened City Council meeting at 6:00 p.m. Mayor Matteson reconvened City Council meeting at 6:10 p.m. ITEMS TO DELETE None SPECIAL PRESENTATIONS 2A. Gene McMeans, Riverside Highland Water Co.; made a presentation on the San Bernardino Basin Water Contamination Clean-up Program. 2B. Joyce Lava, BFI; gave a presentation on recycling programs available for Grand Terrace. Richard Chilton, BFI/Loma Linda; gave a presentation on how a recycling program would work and indicated that through curbside recycling the amount of waste could be reduced by 10%. Mayor Matteson directed staff to work out a proposal with BFI/Loma Linda for a recycling program and bring it back to Council. Council Minutes - 10/25/90 Page 2 CONSENT CALENDAR CC-90-166 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to approve the remainder of the Consent Calendar with the removal of Items E and F. A. APPROVE CHECK REGISTER NO. 102590 B. RATIFY 10/25/90 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVE 10/11/90 MINUTES G. ACCEPT GRANT DEEDS FOR STORM EASEMENT H. SOLICITING PERMIT (SUPERIOR WATER SYSTEM) ITEMS FOR DISCUSSION 3E. Bond and Cash Deposit Releases - Forest City Phase II Mayor Pro Tem Grant, indicated that he requested removal of this Item so it will have an individual vote. 0 CC-90-167 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 4-1 (MAYOR PRO TEM GRANT VOTED NOE), to approve Bond and Cash Deposit releases - Forest City Phase II. 3F. Schedule November and December Council Meetings CC-90-168 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to schedule Council meetings for November 8th, 29th and December 13th. PUBLIC COMMENT Sharon Korgan, Community Services Officer; stated that this is Crime Prevention Month and this week is Red Ribbon Week. She indicated that Red Ribbon Week was started to take a stand for a drug -free environment and indicated that a red ribbon was passed throughout the community and signed by many people. She indicated that the ribbon and pictures as well as childrens posters and essays will be displayed at a special celebration tomorrow evening from 5:00 to 7:00 here at the Civic Center and invited everyone in the community to attend. She thanked the Citizens Patrol and Crime Prevention Committee for their help and thanked Council for their support. Dick Rollins, 22700 DeBerry St., Grand Terrace; reported that recently a resident shot an opossum and stated that the use of firearms is illegal in the City limits. He indicated that he would like to see a flyer in the next sewer billing and an article in the next issue of the Council Minutes - 10/25/90 Page 3 Chamber Newsletter regarding the use of firearms in the City. He stated that people who have problems with wild animals should call Animal Control for the use a trap to catch the animal. Dennis Evans, 22064 DeBerry St., Grand Terrace; felt that false accusations were made by Councilmember Singley at the recent candidates forum and informed him that he has contacted an attorney and litigation is pending. Councilmember Sin le , indicated that he made a statement that two Councilpeople did call him before and after meetings when he first became a Councilmember. He commented that he believed that he left the impression that Mrs. Pfennighausen was one of those Councilpeople. He stated that she never called him before or after any meeting and he publicly stated that he does not believe that he stated that it was Mr. Dennis Evans who called him. He reiterated that he indicated that two Councilpeople called him. He indicated that he stated before and for the record that Mr. Evans did call him after the Council meeting but added that he did not believe it was a violation of the Brown Act because the other Councilperson was unaware that Mr. Evans had called him. He expressed the belief that one must have knowledge that another Councilperson called for it to be a violation. He indicated that he also made a comment on his statement that Mrs. Pfennighausen requested two copies of each and every agenda, one of which was to go to a Councilperson. He stated that he did not specifically name that Councilperson but added that it could be inferred that it was Mr. Evans. He declared that there is no law against Mrs. Pfennighausen requesting two Agendas in order to give one to any person. He stated that any Councilmember can request an Agenda and give it to anybody. Don Tisor, 12781 Reed Ave., Grand Terrace; expressed concern about the lac�ecreation facilities in the community. He felt that we need additional park land with things such as walking paths, more ball fields, a multipurpose building for indoor activities and parks with more picnic tables. ORAL REPORTS 5A. Committee Reports 1. Crime Prevention Committee (a) Member Appointment CC-90-169 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to appoint Bea Gigandet to fill a vacancy on the Crime Prevention Committee and appoint Jo Ann Johnson to fill the alternate position vacated by Bea Gigandet. 2. Parks & Recreation Committee (a) New Sandbox for.Terrace Hill Park Council Minutes - 10/25/90 Page 4 CC-90-170 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to approve a new sandbox for Terrace Hill Park. 3. Historical & Cultural Committee (a) Minutes of 10/1/90 CC-90-171 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to approve the Historical & Cultural Committee Minutes of October 1, 1990. 5B. Council Reports Councilmember Pfenni hausen, indicated that she has heard many citizen complaints about the condition of the property at the corner of Preston and Barton Road and indicated that she has talked to the Assistant City Manager who assured her that he will be looking into it. She asked for clarification on the vehicle abatement program with the County. Assistant City Manager Anstine, indicated that the City will maintain control over the program which means that the county will provide training to the City's Code Enforcement Officer's to go out and identify the vehicles and go through the process of tagging them and making the appropriate notification to the registered owners. After the City has gone through this process the County will remove the vehicle. Councilmember Carlstrom, reported that, with Council, he attended the League of California Cities Conference earlier in the week and indicated that it was very interesting and educational. Councilmember Sin le , indicated that his name will be on the ballot November 6th but he is not running for Council. He asked that the residents not waste their votes on him and encouraged them to vote for a Council who will work together. Mayor Pro Tem Grant, advised Council that the City received another Measure I revenue disbursement of $3,818 for the month of October. Mayor Matteson, asked why the amount of the disbursement is getting lower every month. City Manager Schwab, stated that the money is generated as a result of sales tax and we are seeing a downturn in the amount of sales tax revenue being generated. Mayor Matteson, directed staff to check into it and find out if a mistake has been made. Council Minutes - 10/25/90 Page 5 Mayor Pro Tem Grant, asked if there is a ground -breaking scheduled for the Grand Terrace Road park -site. City Manager Schwab, indicated that since there will be a modular facility they have started construction of the senior center. He indicated that there will be a ground breaking when we start doing the on -site improvements, which should be in approximately 6 weeks. Mayor Pro Tem Grant, indicated that he has been approached by residents who are concerned about the timer on the light at Michigan St. which is causing traffic to back-up on the north -bound freeway. Assistant City Manager Anstine, indicated that he has had the engineering technician from t e Signal Maintenance Contractor out and he has calibrated the time as close as possible. He indicated that the control box we have is quite old and presently does not have the capability to be fully syncronized with the Cal Trans light. He indicated that a proposal is being put together for us to consider in regard to actively participating in the syncronization with Cal Trans and will be brought before Council. Mayor Matteson, directed staff to look into the possibility of having three lanes from the freeway to Michigan on Barton Road and the possibility of having the lights timed different for different times of the day. Mayor Pro Tem Grant, reported that he attended the League of California Cities Conference with the other Councilmembers and found it very interesting and helpful. He felt that the experience was well worth the effort and expense. He suggested that next year Council have each member provided with a copy of the Resolutions, or at least go on record by individual vote in open Council session to indicate how the voting delegate should vote on each Resolution at the Conference. Mayor Matteson, reported that he received a letter from the secretary of the Grand Terrace Area Youth Basketball Club thanking Council for their support for the 1991 season. Councilmember Pfenni hausen, stated that the County is encouraging its emp oyees to seek methods of transportation other than private transportation and indicated that she met with a group of citizens who are asking what we can do to get a bus route that goes straight into the center of San Bernardino. Mayor Pro Tem Grant, indicated that we would have to convince the Omnitrans Board that enough revenue would be generated to justify a new route. Council Minutes - 10/25/90 Page 6 PUBLIC HEARING 6A. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING GRAND TERRACE MUNICIPAL E H 0. DEALING WITH ESTABLISHMENT OF SPEED LIMITS FOR VARIOUS TREETS IN THF CITY OF GRAND TERRACE 1990 in the packet indicates the results of that study. He stated that the Ordinance is based on that study and in accordance with the requirements of state law. Mayor Matteson opened discussion to the public. Dick Rollins, 22700 DeBerry St., Grand Terrace; requested that Council consider painting the speed limit on the streets in large block numbers to assist the Sheriff Deputies in enforcing the speed limit. Mayor Matteson returned discussion to Council. Councilmember Pfenni hausen, expressed concern about the speed imit on Barton Road and Mt. Vernon. She indicated that she would like to see the speed limit 35 mph on Barton Road from the freeway all the way to the City limits and 35 mph on Mt. Vernon from Barton Road north to Grand Terrace Road. 0 City Engineer Kicak, indicated that he is comfortable with the recommendations that have been made. He stated that Barton Road and Mt Vernon are major streets and felt that those streets need to be looked at differently. Mayor Pro Tem Grant and Councilmember Carlstrom agreed that the speed is too high on Barton Road. City Engineer Kicak, indicated that if it is not justified by the speed survey which was done in accordance with Caltrans requirements we will not be able to use radar. Deputy City Attorney Burns, advised that there are some exceptions and varying factors under the Caltrans requirements. He indicated that if the City Engineer does a study and determines there are variables that might allow another result, Council can enact an Ordinance to revise the results and radar can be used until that is determined. CC-90-172 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 4-1 (COUNCILMEMBER CARLSTROM VOTED NOE), to adopt an Urgency Ordinance amending Grand Terrace Municipal Code, Chapter 10.08, dealing with establishment of speed limits for various streets in the City of Grand Terrace and direct staff to Council Minutes - 10/25/90 Page 7 investigate and bring back another Ordinance adjusting the speed limits. UNFINISHED BUSINESS 7A. SECOND READING - AN ORDINANCE OF THE CITY OF GRAND TERRACE RELATING O VIEWING RESTRI ON F PUBLICLY DISPLAYED EXPLICIT MATERIALS WITHIN THE CITY OF GRAND TERRACE CC-90-173 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt the second reading of an Ordinance relating to viewing restrictions of publicly displayed explicit materials within the City of Grand Terrace. Mayor Matteson convened City Council at 8:40 p.m. Mayor Matteson reconvened City Council at 8:50 p.m. 7B. Future Michigan Sidewalk Improvements City Manager Schwab, indicated that at the City Council meeting of August 9, 1990, Council discussed the possibility of adding curb, gutter and sidewalk on Michigan Street between DeBerry and Van Buren. It was staff's recommendation at that time that, should improvements be desired in the future, we should consider the alternative to place the improvements along the west side. This would limit the impact that construction would have on the east side because of the necessity to move the sidewalk and retaining walls closer to the residences. Also, its affect on the slopes of the driveway would be unacceptable. Staff contacted each homeowner and their unanimous preference was to do nothing on the east side of Michigan. He recommended that if sidewalks are to be installed in the future, that the alternative to install curb/gutter/sidewalk on the west side be the preferred option, as it was done on Michigan between Van Buren and Pico. He indicated that staff is looking for discussion and direction as to whether or not this should be included in the budget for the coming fiscal year. Councilmember Pfennighausen, indicated that she is in favor of installing the improvements on the east side, construct a four -foot sidewalk adjacent to curb and remove and replace all of the walls directly behind the four -foot wide sidewalk. She felt that the improvements are well worth the safety of the children who must walk in that area. She felt that if the improvements are installed r on the west side, you would have to put up some kind of railing because it would be along a ravine. Mayor Matteson, asked City Engineer Kicak if there is a problem with installing the improvements on the east side. Council Minutes - 10/25/90 Page 8 City En ineer Kicak, indicated that there is a concern about tree roots that are there, sprinkler systems would have to be re -done and it would increase the slope of the drive -ways. Councilmember Sin le , felt that the main concern is safety of the chi dren and the City should do whatever is necessary to ensure their safety. Steve Kendall, 12373 Michigan St., Grand Terrace; felt that there is no need for a sidewalk because there are very few children who walk in that area. He expressed concern that the improvements would create steeper driveways, he would have a smaller front yard and if the tree roots are cut a large tree in his yard may blow over onto his house. Mayor Matteson, felt that we should find out how many students use that street before we make a decision and asked if a study can be done. City Engineer Kicak, indicated that he would monitor that area to see how many students there are. Councilmember Pfenni hausen, felt that monitoring the area would Tot give accurate results and that it should not matter how many students there are, it is important that it is safer for those who do walk in that area. CC-90-174 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 4-1 (MAYOR MATTESON VOTED NOE), that four -foot sidewalks be installed on the east side of Michigan between Cardinal and De Berry where the sidewalk ends and adjacent to the curb we should remove and replace all of the walls directly behind the sidewalk; establish cost and conduct a door to door survey to find out how many students use that street. 7C. Site Location of Senior Center City Manager Schwab, reported that the Parks & Recreation Committee held a special meeting to review the proposed placement of the Senior Center. After review and discussion, the Committee voted four to one to accept the plan for location of the Senior's Center and parking lot per the drawing included in the packet. He indicated that he also met with the Senior's Site Committee to review the plans and this is also their recommendation. CC-90-175 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept the recommendation of staff and the Parks and Recreation Committee to site the Seniors' facility and parking lot as proposed, and to direct staff to prepare the necessary documents to go out to bid for the required on -site improvements. Council Minutes - 10/25/90 Page 9 NEW BUSINESS 8A. The City's position relative to State Budget Actions City Manager Schwab, reported that the State of California, in adopting its current budget, gave the County the authority to collect booking fees and to charge Cities the cost of collecting taxes and special assessments. At the San Bernardino County City Manager's meeting, it was agreed that we would unite to lobby the County not to impose the booking fees and the State to repeal its action. Although the County has yet to indicate a firm percentage, booking fees for the City of Grand Terrace will cost the General Fund approximately $40,000 based on the approximate annual bookings of 260. In addition, there will be an approximate 2 to 3 percent cost increase to collect property taxes and special assessments. This will result in a loss of approximately $20,000 to $30,000 to the General Fund. Cities are being asked, at the League level, to adopt a Resolution protesting the State's action, and at the County level, to adopt a Resolution urging County Supervisor's not to impose booking and collection fees. CC-90-176 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to adopt two Resolutions of the City of Grand Terrace, one opposing the actions of the State relative to i the budget and one urging the County not to impose booking and collection fees. 8B. Appeal - CUP-90-04 (Taylor Lumber) Community Development Director Sawyer, presented drawings and photos of the proposed improvements and reported that the applicant is Taylor Lumber located at 21800 Main Avenue. The applicant had requested that conditions of approval be revised to be allowed to open for business prior to the completion of the required interior parking lot improvements being completed. The applicant submitted copies of a proposed temporary parking lot plan and copies of a proposed permanent parking lot plan. Neither of the two plans met the City's requirements for interior parking lots within the MR District. The Planning Commission did revise two Conditions to permit the temporary improvements for a period of 12 months at which time the Planning Commission required that the parking lot be completed in accordance with the City's Parking Ordinance. On October 10, 1990 the applicant filed an appeal of the Planning Commission's decision regarding the permanent parking lot improvements. He recommended that Council uphold the Planning Commission's denial of the permanent parking improvements as they were proposed and that they be allowed to have the 12 month temporary parking improvements and at the end of that time be _ required to put the appropriate landscaping medians and planter areas into the parking area. Council Minutes - 10/25/90 Page 10 DennyHutnik, Taylor Lumber; felt that concrete planters in the parking lot are not practicle in his type of business. He stated that most of his business is done over the phone or by fax and few people see the parking lot. He indicated that the parking lot is not visible from the street because there is a block wall around the property. He suggested that redwood planters that can be changed with trends should be allowed instead of concrete planters. He indicated that that would show the people who do come to the facility samples of what can be manufactured. Community Development Director Sawyer, stated that there is room or compromise and exabi ity in the Parking Code, however, it should be minor and what the applicant is requesting is more than a minor deviation from the Code. He indicated that the requirements are meant for asthetic as well as safety reasons. He indicated that the requirements have not been met for landscaping along Main Street and expressed concern about graffiti on the block wall. Councilmember Pfennighausen, felt that this is a good business and some of the requirements are impracticle and do not make sense. She felt that the City compromised some of the requirements when we required the block wall. Mayor Matteson and Councilmember Carlstrom concurred with Councilmember Pfennighausen. 0 Mayor Matteson, asked Community Development Director Sawyer what the minimum necessary requirements are. Community Development Director Sawyer, felt that it is important to have andscaped planters at the end of parking isles for safety in the parking lot. He felt that the original green areas on the drawing should be the minimum required based solely on safety reasons. CC-90-177 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve the appeal of CUP-90-04 (Taylor Lumber) with the minimum necessary requirements as outlined by the Community Development Director. 8C. Appeal - CUP-90-05; SA-90-05 (Alpern) Community Development Director Sawyer, reported that on July 24, 1990, the Panning Commission denied UP-90-05, a request to locate a satellite dish antennae 25 feet in height located at 22996 Palm Avenue. The Planning Commission did approve SA-90-05 subject to certain conditions of approval, including Condition No. 2, which required that the satellite dish antennae be mounted at ground level in the rear yard and in no case shall any portion of the dish extend above the eave line of the house. He recommended that Council uphold the Planning Commission's denial of CUP-90-05 and Council Minutes - 10/25/90 Page 11 approval of SA-90-05 subject to the conditons as approved by the Planning Commission/Site and Architectural Review Board, thereby denying the applicant's appeal. Rick Al ern, Applicant; stated that he has received no complaints from neighbors. He indicated that other permits have been issued for satellites that are over -20 feet and felt that he is being treated unfairly. It was the consensus of Council that the project meets all of the required findings to be granted the appeal. CC-90-178 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to approve the appeal of the Planning Commission's denial of CUP-90-05 with the findings as required. 8D. Appeal - CUP-90-06; E-90-04; SA-90-17 (K&M Accessories) Community Development Director Sawyer, reported that this is an appeal of Planning Commission's denial of a Conditional Use Permit for an outdoor remote control car race track located at 22474 A Barton Road. He indicated that the Planning Commission's denial was based on inadequate plans and unclear information submitted and the plans, which were submitted, proposed parking improvements inconsistent with Title 18, Chapter 18.20, "Barton Road Specific Plan" requirements. He indicated that at this time no new information or materials have been received by staff and recommended that Council uphold the denial of CUP-90-06 and SA-90-17. Discussion on acceptable conditions took place between Council, Staff and the applicant. CC-90-179 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept all conditions of approval, except: 1. Delete No. 3 2. Change No. 5 to adequate fencing 3. Delete No. 6 4. Change No. 7 to allow existing lights as they are at 25 ft. 5. Change No. 10 to allow existing amplified system 6. Change No. 11 to allow racing on fridays from 7:00 p.m. to 10:30 p.m. 7. Add No. 16 to read: Applicant agrees to indemnify, defend and hold the City harmless from any and all liability arising out Council Minutes - 10/25/90 Page 12 of the operation conducted pursuant to this approval save and except liability caused by the City's sole neqligence. 8. Add No. 17 to read: The term of the Conditional Use Permit shall be one year provided the CUP may be administratively extended for a one-year period without cost to the permittee if the Community Development Director finds that (put no adverse impact language of the CUP). 9. Add No. 18 to read: By accepting the benefits of this permit, the permittee waives the right to challenge any conditions set forth herein. Permittee will sign saying that he will abide by them. Applicant will be allowed to continue operating with a 90-day completion date. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 11:50 p.m., until the next regular CRA/City Council meeting, which is scheduled to be held Thursday, November 8, 1990. City Clerk of the City of Grand Terrace. W/ 4 0� " 4 �k- 0 1 e�- of the City of nrand Terrace. -1