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07/31/198611 CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JULY 31, 1986 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on July 31, 1986, at 5:32 p.m. PRESENT: Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Thomas J. Schwab, Acting City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh Day Adventist Church, fol l owed by the Pledge of Allegiance, led by Councilman Petta. ITEMS DELETED FROM AGENDA - 5F(1) - City Entrance Signs. SPECIAL PRESENTATIONS Spiritual Assembly of the Baha'is of Grand Terrace Kevin Dunbar, Chairman, Local Spiritual Assembly of the Baha'is of Grand Terrace, 22941 DeBerry, Apt. 0-187, introduced Mrs. Patty Wyborny, fellow member of the Assembly, and encouraged Council to read their perspective, "The Promise of World Peace," and booklet (copies provided to members). Requested support of "World Peace Day," September 21, 1986, possibly by proclamation; related they are sponsoring "Cycle for Peace" event to be held in conjunction, with proceeds going to the Committee for Special Olympics. Bicycle ride will be routed through Grand Terrace and certificates substantiating liability coverage will be furnished to the City. CC-86-202 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, that a Proclamation be prepared declaring September 21, 1986 as "Grand Terrace Peace Day." CONSENT CALENDAR The following Consent Calendar item was removed for discussion: 3A - Approval of Check Register No. 073186. Council Minutes - 7/31/86 Page 2 - CC-86-203 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to approve the following Consent Calendar items: B. Ratify 7/31/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; D. Approve 6/26/86 and *7/10/86 Minutes; E. Authorize City Clerk to Issue Soliciting License to Julie Halstead (L-86-03); F. Accept and Authorize City Clerk to Record Grant Deed from Bill and Bonnie Darwin - Dedication of Right -of -Way, Barton Road Frontage. *Regarding above Consent Calendar Item D, 7/10/86 Minutes, Councilman Petta requested Motion No. CC-86-197, Page 6, be changed to read: "....that he meet with staff to review the Report, etc.....". Council concurred. APPROVAL OF CHECK REGISTER 073186 Responding to Mayor Pro Tem Matteson relative to Warrant #16034, Bonadiman-McCain, City Engineer Kicak anticipated completion of Viv i enda Bridge Project within approximately 30 days. CC-86-204 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to approve Check Register 073186, as submitted. PUBLIC PARTICIPATION Earl Woodring, 11805 Arliss Lane, voiced objection to excessive fees imposed to construct a 384 square foot hobby shop on his property and the fact he was not advised of requirements and fees for Environmental Assessment and Site and Architectural Review prior to submittal of his plans. Questioned necessity of those reviews for this type of structure - if required, felt fees should be scaled by square footage; requested Council review and waive portion, if not all, of those fees. Planning Director Kicak, noting he is not in disagreement, advised those requirements are laws established by the State and the City Council, and he is required to comply. Based upon Councilwoman Pfennighausen indicating support for waiving the fees, City Attorney Hopkins, not speaking for nor against, advised Council that such action woul d be an "over -kill " and coul d imply the City is overcharging; the Environmental Review is a State requirement under its Environmental Quality Act and the Site and Architectural Review is a requirement adopted by Council . Waiving those fees would be a disservice to the community since the cost would have to be taken from the City's General Fund. Based upon feeling the fees unreasonable, Motion by Councilwoman Pfennighausen, Second by Mayor Grant, to waive the fees for the Environmental and the Site and Architectural Reviews. Council Minutes - 7/31/86 Page 3 - Councilman Petta advised he is not opposed to waiving fees; however, if those fees are unfair for Mr. Woodring, they could also be unfair for others; felt the problem is within the Fee Ordinance and recommended it be reviewed and restructured to more equitably assess fees. In view of the time involved to accomplish this, questioned and Mr. Woodring advised a 30-60 day delay is no problem. CC-86-205 Concurring with Councilman Petta and City Attorney Hopkins, Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to amend the Motion to refer the Fee Ordinance back to Staff for review. Councilman Evans questioned Mr. Woodring relative to services he received from Kicak & Associates; he then questioned Mr. Kicak why Mr. Woodring was not initially advised of additional requirements and costs; requested, in conjunction with review of ordinances, any other projects where ridiculous demands are imposed. Mr. Kicak noted there was considerable conversation prior to knowing exactly what Mr. Woodring's structure entailed; however, accepts the blame for his not being advised of all requirements sooner. Stated there are many stituations where he would rather not impose certain requirements; however, he would be criticized if problems resulted. Mr. Hopkins, relative to Councilman Evans' request, noted, and it was clarified, the Motion only addresses review of the Fee Ordinance. Noted certain areas of the Site and Architectural Review Ordinance were initially opposed by Staff; however, Council adopted it to protect the community from undesirable structures; noted Mr. Woodring's proposed structure is similar to a garage. Councilman Petta felt Staff should not be criticized for doing what Council has directed; if there is a problem, it is Council's duty to resolve. Councilwoman Pfennighausen, based upon possibly resolving the situation by restructuring the Fee Ordinance, withdrew her original Motion, with Mayor Grant in concurrence. Motion No. CC-86-205 carried, ALL AYES. The Motion was initially an amending Motion; however, due to withdrawal of Councilwoman Pfennighausen's Motion which it amended, Motion No. CC-86-205 directs Staff to review the Fee Ordinance, Ordinance No. 101, for possible restructuring of Planning Fees. (This is based upon City Attorney Hopkins' opinion, requested by Mayor Grant.) Mr. Woodring requested he be notified of the outcome. Dick Rollins, 22700 DeBerry, requested a new traffic survey due to increasing traffic and speed on DeBerry to east City limits, noting speeds of 40-45 miles an hour; felt street should be better posted and speed limit signs painted. City Engineer Kicak noted a recent traffic study conducted by San Bernardino County, and speed limits for DeBerry are lower than the study recommends due to local conditions of school crosswalks and intersections. Council Minutes - 7/31/86 Page 4 - Ed O'Neal, 22608 Minona Drive, relative to Item 7(A) - Fee Waiver of 88-Unit Senior Citizen Complex, noted the increasing number of single women with children looking for secure homes; felt it would not be difficult to change complex to facilitate this type of group. Mary Robinson, 22621 Minona Drive, questioned status of water 7u%.r%-u:au. it nus uuvi"kA u r,+ur;. lili tki7 p uiui.i.cr "uui u 'uc y7rcu u� the August 14th meeting. Recessed at 6:50 p.m.; reconvened at 7:07 p.m., with all members present. APPEAL OF PLANNING COMMISSION DECISION - VARIANCE TO PERMIT R-2 USAGE ZONE,IN R-1 eB(Lee Grable) Planning Director Kicak related denial of Grable Companies' request for an R-2 use (zone change from R-1 to R-2), in an area surrounded by R-1 properties, was based upon the City Attorney's opinion that such "Variance" and/or Zone Change would be in violation of the State law. Mayor Grant opened Public Hearing. Lee Grable, 22154 DeBerry, requested a variance permitting R-2 usage, which has been the use for the past 30 years, in an R-1 zone. Noted usage will not cause a detriment to neighborhood or hardship on the neighbors as supported by petition submitted and signed by residents of the area voicing no objection to use. Related his mother lives in the house, located behind his residence, and will continue to do so. Advised the purpose of the variance request is to enable refinancing of current mortgage at a lower interest rate. Mayor Grant closed Public Hearing. City Attorney Hopkins noted since the past and current use of the property falls under R-2 zoning, it may continue to be used as such as long as usage or structure does not change. However, advised the property in question fails in all four categories representing State legal requirements for the granting of a variance. CC-86-206 Motion by Councilman Evans, Second by Councilman Petta, to grant Mr. Lee Grable's variance request, carried, 4-1, with Mayor Pro Tem Matteson voting NOE. PUBLIC PARTICIPATION (CONTINUED) Lucille Hays, 22124 DeBerry Street, voiced opposition to the proposed $10 million flour mill (Cargill Corporation) to be located in Colton, referencing Sun Telegram's article of July 25, 1986 (copies provided to Council); disapproved of building height, potential mill noises, earthquake hazards, increased rail/truck traffic attributed to mill activities, periodic fumigation, flour dust pollution, and storage/use of chlorine for flour bleaching process. Requested Council go on record in opposition of proposed project. Council Minutes - 7/31/86 Page 5 - Mayor Pro Tem Matteson noted investigation of project revealed no significant effect on environment; therefore, could not support unless additional facts are provided to prove a detriment to community. Staff was directed to monitor, obtain Colton Staff Report on the issue, along with Mayor Pro Tem Matteson's investigation, and provide report to Council. SCHOOL IMPACTION FEE WAIVER - 88-UNIT SENIOR CITIZEN COMPLEX HOTEL Finance Director Schwab noted item had been deferred to acquire sufficient information regarding potential school impaction. Related correspondence from the Colton Joint Unified School District, dated July 25, 1986, which confirmed the School Board's denial of the waiver request due to potential future problems with precedent setting (copy on file with City Clerk); noted the following Motion, deferred from June 12, 1986 meeting, still pending vote: "Based upon City's Ordinance which allows for waiver of school impaction fees, Motion by Councilwoman Pfennighuasen, Second by Mayor Grant, that the application for waiver of school impaction fees on this devleopment be approved." (Reference Ed O'Neal's statement on Page 4) Mayor Pro Tem Matteson opposed Motion; felt decision should be that of the School Board, since fees go directly to the School District. E� Believed it everyone's responsibility to subsidize school costs. l Councilwoman Pfennighausen felt, if fees must be imposed, it unfair and unreasonable to charge the same fee for all living units. Not impressed with the School Board's decision, believing its interest lies elsewhere. Questioned alternative of possibly effecting a scal e of reduction. City Attorney Hopkins felt fees could be reduced if determined there is no connection between proposed property use and the school impaction fee; in event decision is made to apply a fee, it should be applied simply due to the facility representing a generation of living units within the community, even though liklihood of housing children is remote. Councilman Petta, while not addressing the fairness of issue, felt imposition of school impaction fees appeared the only way to insure adequate provision of student classrooms. Noted fee structure was developed based on all residential units; therefore, whether or not children would be generated therefrom, all would share in payment of fees. Although conversion of this particular facility is remote, noted the potential still exists and, in the future, it could be utilized to house single parents. Therefore, felt a special category and fee schedule should be designed for this particular type of facility and recommended staff confer with the School District for the purpose of establishing a fair, equitable fee. j Councilwoman Pfennighausen withdrew pending Motion, with Second (Mayor Grant) not in concurrence; therefore, Motion stood. Council Minutes - 7/31/86 Page 6- The pending Motion failed, 2-3, with Mayor Pro Tem Matteson, Councilman Petta and Councilwoman Pfennighausen voting NOE. Based upon recalling potential graduated fee scale being discussed during sessions dealing with the School Impaction Fee Ordinance, ;,ecc,r.c.:,, ;.,.;ter Prc. TU. Matteson, that a fee of $422.00 per living unit for this type of development be imposed and the funds therefor collected would go to alleviate school impaction. Councilman Petta voiced opposition to an arbitrary figure without adequate staffing; suggested staff consult with the School Board for development of a special category and equitable fee for this type of facility. Mayor Grant felt original Motion appropriate; does not feel it appropriate to assess any type of fee for this kind of structure. Councilman Evans felt, if everyone is expected to share in fees to alleviate school impaction, commercial development should be explored. The Motion failed, 2-3, with Mayor Grant, Councilman Petta, and Councilwoman Pfennighausen voting NOE. CC-86-207 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, to waive the school impaction fees on this development (88-Unit Senior Citizen Complex), carried, 3-2, with Mayor Pro Tem Matteson and Councilman Petta voting NOE. Charles Tsang, Developer, thanked Council ; noted he had never been assessed this type of fee in any other City. PLANNING COMMISSION REPORT - The next meeting will be held Monday, August 4, 1986. Planning Commission Appointments - Mayor Grant noted four existing vacancies on the Planning ommission; related Council met in Public Session on 7/30/86 at which time ten highly -qualified applicants were interviewed. CC-86-208A Based on a point system, Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, that the following top four applicants be appointed to the Planning Commission: Daniel McHugh, Stanley Hargrave, Fran Van Gelder, and Gerald Cole. CC-86-208B Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to amend Motion No. CC-86-208A, that Gerald Cole fill the unexpired term to expire in 1988, with the other appointees' terms to expire in 1990. Councilman Petta felt, due to Gerald Cole's desire for reappointment, his term should run four years to expire in 1990. Mayor Pro Tem Matteson, with Mayor Grant concurring, felt that, considering Gerald Cole rated fourth in the interview process, he should fill the unexpired to expire in 1988; does not consider Mr. Cole's appointment as a reappointment of his own seat since all applicants were interviewed for the purpose of filling existing vacancies. Council Minutes - 7/31/86 Page 7- Motion No. CC-86-208B carried, 4-1, with Councilman Petta voting NOE. Motion No. CC-86-208A, as amended by Motion No. CC-86-208B, carried, ALL AYES. Mayor Grant suggested, in the event an incumbent vacates the Planning Commission, the next person in line, according to the point system, be selected to fill the vacancy. Mayor Pro Tem Matteson felt applicants for the Commission could also be utilized in filling other existing Committee vacancies. Mayor Pro Tem Matteson requested letters of gratitude be sent to all Planning Commission applicants and notification to new Commissioners of their appointments. Title 18 Ad Hoc Committee Meeting/Appointments Councilman Evans requested advertising three vacancies on the Title 18 Ad Hoc Committee (due to the passing away of Gene Tidwell and appointments of Daniel McHugh and Gerald Cole to the Planning Commission) as well as contacting previous Title 18 and Planning Commission applicants. CC-86-209 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to continue Title 18 Ad Hoc Committee item until the August 14th Council meeting. The next Title 18 Ad Hoc Committee meeting will be held August 21st and the City Clerk was instructed to advertise for three vacancies. PARKS AND RECREATION COMMITTEE REPORT - Minutes of May 5, 1986 meeting were provided. is Rollins, former Chairman, thanked Council for continuing his membership; announced Louis Galvez is new Chairman. HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE REPORT- Minutes of the July 7, 1986 meeting were provided. egar ing ast paragraph concerning Chamber Newsletter article, Mayor Grant felt it an oversight and not intended derogatorily; noted, other than serious feelings regarding political activities, City may not tell the Chamber what to state in their Newsletter; however, suggested Chamber review all information sources prior to printing an article. EMERGENCY OPERATIONS COMMITTEE REPORT - Minutes of June 26, 1986 meeting were provided-. POLICE CHIEF REPORT - Detective Floyd Gilbreth was introduced and welcomed as t e new Detective assigned to the City by the San Bernardino County Sheriff's Department. FIRE CHIEF REPORT - Dick Rollins congratulated the Fire Department on curtailing and trolling the July 4th fireworks within the City. CITY MANAGER REPORT - Acting City Manager Schwab reported the following: Attendance, on behalf of Councilman Petta, at the Annual Southern California Joint Powers Insurance Authority meeting; noted Grand Terrace's receipt of the Presidents Award for the "Most Distinguished Liability Record" for FY 1985-86; (2) Related City Council Minutes - 7/31/86 Page 8 - Manager Armstead's recent heart attack and subsequent release on July 29th from the hospital - advised direction from his Doctor, for which he is anxiously waiting, will be given shortly relative to date of return to work. COUNCIL REPORTS Councilman Petta, himself an immigrant from Italy, related the special importance and signifigance this year's "Statue of Liberty" - 4th of July celebration had for him. Mayor Grant reported the following: (1) Regarding City Manager Seth rmsl steaa's recent heart attack, noted prayers are with him for a speedy recovery and that everyone is looking forward to his return; (2) Related the recent passing of Gene Tidwell, Title 18 Ad Hoc Committee Member; (3) Discussed attendance of the Mayor/Council, Executive Forum (July 23-25) and, although noting overall benefit gained by City members in attendance, wished a greater choice had been given relative to Agenda items. PLANNING SERVICES Councilman Evans requested item be continued until next meeting (August 14), with Council concurrence. Adjourned at 8:52 p.m. The next regular meeting will be held Thursday, August 14, 1986, at 5:30 p.m. Respectfully submitted, i y clerk APPROVED: