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05/23/1985CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MAY 23, 1985 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 May 23, 1985 at 5:38 p.m. PRESENT: Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: None The meeting was opened with invocation by Pastor William Bell, First Baptist Church of Grand Terrace, followed by the Pledge of Allegiance, led by Tom Schwab. DELETED AGENDA ITEM - 2B - Three -Year Employee Service Award. COUNCIL/STAFF RELATIONS Mayor Grant read portions of the Council Procedure Handbook, adopted November 18, 1982, relative to Council and Employee decorum at Council Meetings; felt, with Mayor Pro Tem Matteson concurring, Council and Staff are obligated to follow those procedures and treat each other diplomatically and in a manner in which they wish to be treated. Councilman Petta recommended attacking issues, not personalities. CERTIFICATE OF COMMENDATION - Mayor Grant read a Certificate of Commendation for im er et, City Planning Staff. RED CURB/NO PARKING SIGNS - SCE VISTA SUBSTATION Sue Noreen, SCE Area Manager, advised Council had been furnished a letter advising the parking of large semi tractors and recreational vehicles on the north side of Newport cause a hazardous situation when SCE employees are exiting the Vista Substation. Requested the City place "No Parking" signs and paint the curb red 100 feet on either side of the driveway to improve visibility. CC-85-158 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES to authorize painting the curb red 100 feet on both sides of the i SCE Vista Substation driveway on Newport and to install "No Parking" E signs. Page 1 - 5/23/85 PROCLAMATION - "VETERANS' RECOGNITION DAY" Mayor Grant read a Proclamation designating June 14, 1985 as "Veterans' Recognition Day." CONSENT CALENDAR CC-85-159 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar items. A. Check Register No. 052385; B. Ratify 5/23/85 CRA actions; C. FY 1985-86 TDA Claim (1) RESOLUTION NO. 85-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDTERRACE, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF THE FY 1985-86 TRANSPORTATION DEVELOPMENT ACT CLAIM. (2) Authorize the Finance Director to execute TDA Article 8 Non -Transit documents; D. Approve the Negative Declaration and authorize City Clerk to file the Notice of Determination on SA 84-6 (Mini Storage Building at 21999 Van Buren - J. Harber); E. Barton Road Reconstruction Project (1) Authorize the Mayor to execute the Local Agency -State Agreement No. 8-5421 (GTC 85-12-1) (2) Authorize the Bid Request for the Project (GTB 85-12); F. Waive $150 Security Deposit for the Library for periodic use of the Civic Center Meeting Room. PLANNING COMMISSION CC-85-160 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to accept the resignation of Winifred Bartel, with regrets, from the Planning Commission and to authorize preparation of a letter of commendation. PARKS & RECREATION COMMITTEE Councilwoman Pfennighausen commended People Helper's for the expanded recreational programs. CRIME PREVENTION COMMITTEE Sharon Haag, Crime Prevention Officer, reported: (1) A vacancy exists on the Committee; (2) The May Town Hall meeting was poorly attended; Page 2 - 5/23/85 the subject of the June 18 meeting is vacation security. Thanked Group W Cable for televising the meeting - advised future meetings will also be televised; requested assistance to promote better attendance. Mayor Grant recommended all committees advertise meetings on Group W. EMERGENCY OPERATIONS COMMITTEE The Minutes of March 21 and April 18, 1985 were provided. Councilwoman Pfennighausen advised the Committee is preparing to assemble emergency preparedness first -aid kits and is pursuing acquiring other emergency equipment. FIRE CHIEF REPORT City Manager Armstead reported Council and Staff are invited to attend a Firefighter Appreciation Day Banquet to be held May 31. CITY ENGINEER REPORT City Engineer Kicak reported: (1) Referenced a May 17 article in the Sun regarding the possibility the San Bernardino and Colton sewage plants may be required to raise the level of treatment, which could increase user fees. Will attend a Regional Water Quality Control Board Meeting on this matter May 24. EXTENSION OF BRENTWOOD FROM MT. VERNON AVENUE TO CANAL STREET (2) A Report, "Brentwood Street Extension - Mt. Vernon Avenue to Canal Street," was submitted to Council. Recommended no further consideration of that extension based on all the studies and reports available. The Planning Commission reviewed the Report at its last meeting and requested an estimate of all costs associated with all improvements. Noted it would be difficult to estimate the cost of improvements on Mt. Vernon from Grand Terrace Road to Washington Street, due to topography and other problems. Studies indicate improvements have been proposed for the slippage problems, but never implemented or costs identified. Councilwoman Pfennighausen left the Council Chambers at 6:14 p.m. and returned at 6:15 p.m. Councilman Evans questioned the portion of Mt. Vernon from Grand Terrace Road to Washington Street in Colton's jurisdiction and the slippage. Mr. Kicak outlined the jurisdiction; advised a report prepared for Colton in the mid -seventies addressed the slippage problem and recommended improvements. Widening that street is possible but very costly and difficult; outside funding would be required, jurisdictional responsibility would need to be established, and some properties on top of the hill would be affected significantly. Did not foresee Mt. Vernon Avenue being improved f within the next five years. Page 3 - 5/23/85 CITY ATTORNEY REPORT City Attorney Hopkins reported: (1) Arbitration on the Civic Center will be May 24. 0 (2) Gage Canal Access/Canal Street Widening Right -of -Way - Advised the major title insurance companies have indicated it wi take one year at a cost of $8,000-$9,000 to prepare the necessary title work to acquire litigation guarantees to initiate condemnation proceedings to acquire public ownership for Gage Canal access and right of way to widen Canal Street from Victoria to Barton Road. Consultant Barry Shore has offered to prepare the title report in three months at the same cost, and First American Title has agreed to issue litigation guarantees on the title report prepared by this consultant. Requested authorization to request the consultant's services to prepare the material, with First American Title issuing the title insurance litigation guarantees at a cost not to exceed $9,000. Councilwoman Pfennighausen voiced concern for the cost to acquire the property. Mayor Pro Tem Matteson recommended an appraisal prior to proceeding, noting there is no need to proceed if there is insufficient funding to acquire the property. CC-85-161 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to engage the services of consultant Barry Shore to prepare the necessary title work, with First American Title issuing the title insurance litigation guarantees, at a cost not to exceed $9,000, carried 3-1-1, with Mayor Pro Tem Matteson voting NOE and Councilman Petta abstaining. CITY MANAGER REPORT City Manager Armstead: (1) Recommended and was directed to pursue investigation relative to the City receiving its share of Vehicle Code Revenue fees; (2) The County City Managers and the CAO are attempting to acquire a contingent plan for employee job action to prevent strikes by employees providing essential public services. CITY COUNCIL REPORTS Councilman Petta stated a resident advised him of being attacked by two ogs. ecommended requesting Animal Control to enforce the leash law. Councilwoman Pfennighausen noted unwanted animals are being dumped in Grand Terrace. Recommended, with Mayor Grant concurring, that an Animal Control representative attend a meeting. Councilman Evans recommended informing citizens of recourse and encouraging victims of dog attacks to file complaints. Mayor Pro Tem Matteson: (1) Questioned and was advised Ontario aving s sign excee s the size of the amended sign code; (2) Voiced objection to Council approving the $30,000 Chamber Newsletter budget appropriation; disagreeed it is a grant; noted a Sun news article did not reflect the 3-2 vote. Felt Council is responsible to guard public Page 4 - 5/23/85 CC-85-162 k Page 5 - 5/23/85 funds and in this case derelict since it knew the Newsletter could be printed for half the amount. Councilwoman Pfennighausen stated the majority of Council appropriated $30,000 as a grant for unspecified use by the Chamber. Noted the Chamber provides an accounting of expenditure of funds. Responding to Councilman Evans, Mayor Pro Tem Matteson stated he felt a city should support a chamber of commerce; indicated objection, with Councilman Petta concurring, to using the City's funds inefficiently and not seeking lower bids for the printing. Mayor Grant stated he would oppose the City funding any organization if it becomes involved in the political process. Mayor Grant: (1) Represented the cities at the May 15 LAFC meeting; 2 A ma City Roundup," sponsored by the University of California at Davis, Institute of Governmental Affairs, will be held June 20; (3) Received a letter dated 5-14-85 from David Widor, President of the Grand Terrace Community Soccer Club, advising that Tony Ramirez acted on his own behalf at the May 9 Council meeting; Mr. Widor thanked Council for its support and for waiving the security deposit fee; the Club does not wish a key; (4) Received correspondence from Dr. Gordon Thompson, Director of the Medical Education Unit of Loma Linda University Medical Center, requesting the City's support on behalf of developmentally disabled children. Recessed at 7:02 p.m. and reconvened at 7:22 p.m. with all present. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE GRAND TERRACE MUNICIPAL CODE, CHAPTER 2.16, DEALING WITH THE CITY OF GRAND TERRACE PLANNING COMMISSION (Second Reading) City Attorney Hopkins read the title of the Ordinance; advised amendment would only change the current number of Planning Commissioners from nine to seven and establish term expirations the seven members. Mayor Grant opened Public Hearing. Supporting Testimony - None. Opposing Testimony Jerry Hawkinson, 22688 Fairburn Drive, Planning Commissioner, favored a nine -member Commission; however, noting Mrs. Bartel's resignation, suggested appointing one of the present eight Commissioners as an alternate. Mayor Grant closed Public Hearing. the Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to waive full reading of the Ordinance. for CC-85-163 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt the Ordinance by title only. City Attorney Hopkins advised Council will have 30 days in which to decrease the Commission to seven members. Mayor Pro Tem Matteson recommended each Commissioner submit a letter, stating qualifications and reasons for wanting to serve, to be reviewed prior to making decisions. Councilman Evans favored also accepting and considering applications from the public at large. CC-85-164 Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, to rescind Motion No. CC-85-163, and to amend the Planning Commission Ordinance to reflect the membership will be reduced to seven members by attrition. In discussion, it was clarified the ordinance will require another first reading, and the Planning Commission will continue with eight members until the expiration of some members' terms on June 14, 1986 unless there is a resignation prior to that time. During that time, tie votes of 4-4 will constitute denial of issues. Motion No. CC-85-164 carried 3-2, with Councilwoman Pfennighausen and Councilman Evans voting NOE. SPECIFIC PLAN/CUP APPEAL SP 85-2 - CHAPARRAL PINES Planning Director Kicak advised the Planning Commission considered and approved Specific Plan/Conditional Use Permit 85-2, Chaparral Pines Apartments, by a 6-2 vote on 5-6-85. An appeal on the CUP was filed with the City Clerk on May 9; therefore, Council must consider both the Specific Plan and the Conditional Use Permit. Planning Commission Staff Reports and Minutes were provided; the Specific Plan was provided previously. Responding to requests, City Attorney Hopkins explained the Appeal Process and advised Mayor Pro Tem Matteson appealed the Planning Commission's approval of the CUP. Advised the Zoning Code, in order to meet a court decision, should be amended to provide for appeal by property owners within 300 feet of a project. CC-85-165 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, ALL AYES, to direct Staff to initiate the necessary amendment to include the appeal procedure for property owners as directed by court decision. City Attorney Hopkins clarified this is law and applies whether in the Code or not. Mayor Grant opened Public Hearing. Opposing Testimony Dan Massey, 22583 Brentwood, opposed due to increased traffic, overcrowded schools, increased crime, and elimination of the rural atmosphere. Gerald H. Rentfro, 11845 Mt. Vernon, opposed increased traffic noise. Eileen Hodder, 22253 Van Buren, voiced concern for Page 6 - 5/23/85 school overcrowding. Bee Gigandet, 22743 Miriam Way, opposed due to increased crime, schools, traffic—, higher taxes, and unclean city. Steve Kiacz, 11809 Holly, opposed for same reasons given. Jim Rigley, 22605 De Soto, favored development between Mt. Vernon and Cam Street but opposed high -density rental units; recommended considering the entire area that could be developed to ensure the City gets the best usage of this land. Tim Weber, 23052 Sisken Ct., felt density should be eight units per acre to maintain property value; noted rent could be reduced, attracting undesirables; felt the only beneficiaries are the proponents. Peggy Witt, 11908 Holly, opposed the project, understood that it is necessary to repay Federal funding and finance the Civic Center. Recommended duplexes or single -level condominiums. Dr. McDuffy, 11830 Mt. Vernon, opposed the high density; concerneU—about crime and setting a precedent; felt problems of school impaction and traffic circulation must first be settled; questioned access onto Mt. Vernon and Canal Street from the development. Norman Caouette, 22491 De Berry, Planning Commissioner, advised he was not speaking in support or opposition; however, noted there are potential traffic problems, shown in the recent City Engineer's report furnished to the Planning Commission, which could result from fully developing that area. Questioned who would pay for traffic signals, if required. Mayor Grant read the final paragraph of letter received from Homer H. Howell, 11821 Mt. Vernon, who was also writing on behalf of Dr. Jack Booker, 11785 Mt. Vernon, indicating density should not exceed 12 units per acre if zoned multiple. Mayor Grant advised Dr. Booker telephoned him that day and his conversation expressed the same views. Supporting Testimony Judy Jorgensen, 226 Redlands Plaza, Redlands, representing Universal ontractors aparral Pines Development), questioned and was advised no property owners filed an appeal. Stated the project is consistent with the zoning, the General Plan, and the State Government Code. State guidelines allow up to 25 units per acre. Compared to existing development in the City, felt the project should be considered moderate density. Every effort has been made to provide the highest quality development with rental range of $520 and up. Public Hearing Notices to property owners have exceeded legal requirements; accesses to Gage Canal and Mt. Vernon have been provided and access through the commercial center has been minimized. Willing to work with the School District on school impaction concerns. Jim Tatum, 12420 Mt. Vernon, felt the project provides security, is not ig density, will increase aesthetics and property values, and will not attract undesirables. As a renter, felt most renters prefer a neat, upgraded community and could become property owners. Doug a Katzenbach, 22245 Carhart, felt the development is not low income. e opponents are restricting growth and overemphasizing concerns. Page 7 - 5/23/85 Bob Keeney, 12139 Mt. Vernon, representing the developer, advised they have compTied with the General Plan, the zoning ordinance, and every condition imposed. The traffic engineering study indicates no significant traffic impact. Felt opposition is based on emotionalism, amd compared with other cities, the project is low density. 0 Jonathan Zane, 1321 No. 9th St., Colton, project architect, advised the size o e units and landscaping are adequate; not planning to build a ghetto. Requested approval of the project on its merits. Donna Cox, 22491 De Berry, noted the project has security and higher rent than that in Garden Grove and should not be compared; lives in a well kept apartment and felt this development would be similar; stated houses also increase traffic. Noel Christiansen, 2627 So. Waterman Ave., San Bernardino, C G Engineering, Me project traffic engineer and consultant for the General Plan, noted one of the prime traffic concerns in the commercial area has been resolved and traffic at Barton Road and Mt. Vernon would now be insignificant. Mayor Grant closed Public Hearing. City Attorney Hopkins read the Government Code requirements for Specific Plans. Councilman Evans requested the City Attorney to review the legal requirements regarding the project relative to the new State legislation that became effective January 1, 1985. Questioned if the Planning Director could provide documentation to refute the project based on that legislation. City Attorney Hopkins advised evidence must be presented and reasons cited if density is to be lower than the maximum density set forth in the General Plan. The Specific Plan must address all the Government Code requirements for specific plans, including transportation, schools, and other mandatory items. If the developer can show that all requirements have been met to support that density, he is entitled to that density and project approval. If there is evidence indicating the requirements have not been met, Council must make the findings if the project or specific plan is to be disapproved. Councilman Evans stated he would support denial if documentation could be produced required by State law; questioned and Mr. Kicak advised all minimum standards were met, at least at minimum, within the specific plan. Relative to whether Staff was able to substantiate reasons for not approving the project, noted it is a matter of economics. Mr. Kicak cited the results of the Brentwood Extension study, the acquisition of right-of-ways for the Gage Canal crossings and Canal Street widening, and traffic signal requirements. The existing roadway between Barton Road and approximately 800 feet northerly of Miriam Way is not an immediate problem; however, as traffic increases, there will be a need for widening Mt. Vernon Avenue in the existing developed area. The majority of the properties on the west side of Mt. Vernon will be improved in conjunction with projects being 0 Page 8 - 5/23/85 considered; however, one parcel will not be improved and could require eminent domain proceedings at City's expense. One of the major problems is Mt. Vernon Avenue from Grand Terrace Road towards Colton - the problem that now exists will be compounded in the future and improvements will be required; problems could result from the traffic signal proposed by Colton at the I-215/Washington offramp. Staff has identified the problems; however, cannot evaluate the costs to resolve them. If the problems cannot be mitigated, they are sufficient reason to deny the project. Felt there would eventually be problems in that area with R-1 zoning; it is a matter of the service level at that artery and whether or not the City can live with it. Relative to whether there is any problem that could not be mitigated as a basis to deny the project, stated he could not consider just one project; however, the costs could be excessive and property affected. Councilman Evans questioned Mayor Pro Tem Matteson as to documentation he could provide. Mayor Pro Tem Matteson stated he felt the opposing residents and traffic problems justified denial; the congestion on Mt. Vernon north of Grand Terrace Road would divert traffic through the City on Barton Road. Councilwoman Pfennighausen felt problems would eventually have to be resolved in the area even if totally developed R-1. Felt Caltrans and Colton will have to resolve problems that exist on Mt. Vernon north to Washington. Felt R-1 zoning does not carry its own weight and creates more school impaction than apartments. One-third of the proposed complex is proposed for senior citizens, with the remainder expected to be occupied by young professionals and young singles, so only a small element would impact the schools. Felt proposed security within the development would remove the City's liability. Cited other condominiums of higher density. Felt Terrace Mesa, with approximately 27 units per acre, was better maintained than many single family homes. Prefers no development, but the State mandates otherwise. Councilman Petta stated each single development is not a problem. Voiced concern for resolving traffic problems when the entire area is developed, plus commercial development on Barton Road. Felt the problem is traffic impaction caused by density. Dr. Booker's letter to the Mayor expressed concern for development of that area without careful evaluation which he felt would adversely impact the natural and social environment of the City. Noted Dr. Booker attended most public hearings and felt he was representing the citizens of that area; indicated support for the project at the density recommended by Dr. Booker. City Attorney Hopkins advised Council must approve, deny or modify the Specific Plan; the General Plan establishes density. CC-85-166 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to deny Specific Plan 85-2, based on the findings that the project would severely impact traffic. Page 9 - 5/23/85 Mayor Grant, referencing Ms. Witt's comments, stated dwellings probably generate the least revenue for cities. Funds to finance the Civic Center were not derived from property tax. Felt Barton Road is presently congested and density will impact traffic. Concerned about school impaction and crime. CC-85-167 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to open the meeting to public comment. Judy Jorgenson stated the proposed development is below the potential density that could occur under present AP zoning. Felt traffic is not a valid concern. The accumulation of properties has reduced the access points onto Mt. Vernon that could have occurred. Felt concentrated population is needed to support economic development. The property could be developed into lesser quality units at 25 per acre. Cited proposed recreation facilities, landscaping, security, and the fact they have met or exceeded all requirements. Motion No. CC-85-166 carried 3-2, with Councilwoman Pfennighausen and Councilman Evans voting NOE. Recessed at 9:45 p.m. and reconvened at 10:00 p.m. with all present. CUP Appeal (85-2) City Attorney Hopkins read the section of the Municipal Code pertaining to the appeal process on the CUP. Advised Council must determine whether or not the proposed use will be detrimental, based on findings. Council's previous findings determined the proposed project would constitute a hazard to traffic circulation. CC-85-168 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to deny the Conditional Use Permit since it constitutes a hazard to safety, health and traffic, carried 3-2, with Councilman Evans and Councilwoman Pfennighausen voting NOE. TENTATIVE TRACT MAP 12966 Planning Director Kicak advised the Planning Commission approved the subject map on 3-25-85 for 20 single family residential units located northerly of Van Buren Street and easterly of Vivienda Avenue. Recommended conducting a public hearing and approval of the Negative Declaration and Tract Map subject to the conditions as outlined in the Staff Report and 3-25-85 Minutes. Mayor Grant opened Public Hearing and closed Public Hearing, there being no public testimony. CC-85-169 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve Tentative Tract Map 12966 subject to all conditions contained in the Staff Report and the 3-25-85 Planning Commission Minutes. 0 Page 10 - 5/23/85 ARCO MINI -MARKET - COST SHARING OF IMPROVEMENTS Planning Director Kicak advised Staff considered required improvements at the southwest corner of Barton Road and Michigan in conjunction with the construction of a mini -market addition to the service station, as directed. The cost estimates presented as Exhibit "A" have been revised to include sharing equally the estimated cost of $2,500 for required installation of a fire hydrant. In analyzing the division of responsibility between the City and the developer, tried to assign costs on the basis of what would happen in mid -block without the traffic signal. Mayor Grant questioned and Mr. Kicak confirmed the proposal for the City sharing costs is an option, not a requirement; technically, the developer is responsible for all expenses. Councilwoman Pfennighausen thought the City's costs could be reduced by $12,000; understood SCE would assume the cost for power pole relocations if done by the City; would eliminate the phone. Mr. Kicak advised those items were included due to uncertainty whether relocation would qualify under the SCE franchise and desire to retain the phone. Councilwoman Pfennighausen and Councilman Evans felt the Developer's share for a mini -market addition is excessive and that corner would have to be addressed by the City in the near future due to traffic hazards. Councilwoman Pfennighausen read a letter addressed to the City Council from Barney Karger, 11668 Bernardo Way, opposing the City sharing the improvement costs normally required of a developer, and opposing selling alcoholic beverages and unsuitable literature in close proximity to a school. Noted she disagreed with the letter. Nabih Akar, 22087 Barton Road, advised he would participate in the cost sharing as outlined, even though he feels some items listed are not his responsibility. CC-85-170 Motion by Councilman Matteson, Second by Councilman Evans, ALL AYES: (1) That the City participate in the items of work as outlined on Exhibit "A" �of the 5-15-85 Staff Report, Subject: Arco Mini -Market - Cost of Sharing of Improvements between the City and the Developer, deleting the telephone, having SCE relocate the power poles, and adding $2,500 for the fire hydrant, on a 50/50 basis. The estimated share of the costs is $35,570 for the City and $22,343 for the developer; (2) The City will assume responsibility for construction of the facilities required as conditions of approval through a public works project (the City is to request bids and award and administer the contract); (3) A deposit is required from the developer in the amount of the actual costs based on a proposal by the lowest responsible bidder prior to awarding the contract and/or prior to issuance of a building permit based on the Engineer's Estimate; {4) A grant deed for the required dedication is to be delivered to the City prior to project approval. Page 11 - 5/23/85 SCHOOL SITES Finance Director Schwab advised Council was provided a map outlining possible areas for potential school sites, as requested. Zoning was not considered, since a zone change could be enacted. The Grand Terrace Elementary School site is approximately 326,700 square feet; several years ago property across the street sold for approximately $4.00 per acre. Councilman Evans questioned whether the School District was contacted on whether additional school sites are proposed. Mayor Grant directed Staff to ascertain this information. ZONE CHANGE FROM R-1 TO A-1 - GRAND TERRACE ROAD/VISTA GRANDE WAY Planning Director Kicak stated as directed, 27 letters were mailed to the property owners in the Grand Terrace Road/Vista Grande Way area, whose property would qualify under the current zoning ordinance, to determine whether they desired to have their property rezoned from R-1 to A-1. Fourteen responses were received, with ten in favor and four in opposition; a fifteenth property, Chuck Eller, was unable to respond in time and is present. The areas of those opposing are scattered; rezoning only those properties wishing A-1 would constitute spot zoning, which is illegal. Chuck Eller, 23100 Vista Grande Way, and Carl Evans, 23115 Vista Grande ay, have been under the impression that area has always been zoned R-1 20,000, which allows a maximum of five large animals; would like to keep it that way. Opposed A-1 zoning, due to the various types of animals which would be allowed. Constantino Zaharopulos, 22820 Grand Terrace Road, felt some property owners are unaware the properties in that area were rezoned to R-1 two years ago. Favors remaining R-1. City Attorney Hopkins outlined the differences between the various zones. Mr. Kicak stated since most of the property in that area doesn't meet lot size requirements for A-1 zoning, it would require a zoning ordinance amendment to change the requirements to include all of the parcels in the area. Councilman Petta recommended returning the matter to the Planning Commission. Councilman Evans questioned whether any action would allow one particular section within the City to have animals. Mr. Kicak felt it could create problems in other parts of the City because of lot size. City Attorney Hopkins advised it could be accomplished by amending the General Plan and zoning. Mayor Pro Tem Matteson questioned and was advised the only residents favoring A-1 zoning in that area are the Wunners, because a future buyer would not be qualified to retain animals. 0 Page 12 - 5/23/85 CC-85-171 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to take no action at this time. APPEAL OF NOTICE OF VIOLATION - GRAND TERRACE CONVALESCENT HOSPITAL City Engineer Kicak advised he was requested to investigate a sewer stoppage and an overflow of sewage at the Grand Terrace Convalescent Hospital on the night of March 30, 1985; one of the problems identified was no grease separator within the facility. The Hospital is requesting they not be required to pay the cost of $522.32 to clear the blockage which involved Staff time and equipment rental, and that they be exempt from installing a grease separator, a City requirment. Mr. Kicak recommended not waiving the City requirement, with Council to determine what is fair and reasonable relative to the costs. Diane Hershberg, 1480 West Cypress, Redlands, advised she is appealing a Notice of Violation served April 26, 1985, charging violations of Sections 13.12.060, 13.12.110, and 13.12.380. Roto Rooter, who they called to take care of the problem, advised her the blockage was half a block north on Mt. Vernon. When Mr. Kicak arrived, he requested a jet rooter be placed in the main line on Mt. Vernon; noted she was not advised she would be responsible for the cost. Objected to paying the $522.32 and installing a grease separator, which would create a financial hardship. Mr. Kicak advised the Hospital was not aware of the requirement for a grease separator; the blockage was obviously caused by grease pushed into the main line, for which it appeared the hospital was totally responsible; however, cannot definitely prove it. CC-85-172 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to consider the charges and the necessity to install the grease separator are valid. Vicki Lumen, current Hospital Administrator, advised they do not put grease in their disposals; has had no previous problems. City Attorney Hopkins advised the sewer blockage is a matter of fact; however, the responsibility is disputed; Section 13.12.060 of the Municipal Code provides that the City Engineer may require a separator be installed in a restaurant or food processing facility. Ms. Lumin felt the charges for violation of Section 13.12.060 cannot be proven; therefore, felt the $522.32 cost should at least be split 50-50. Councilwoman Pfennighausen, with concurrence of Councilman Evans, amended Motion No. CC-85-172 to split the $522.32, 50-50, and that the Convalescent Hospital be required to install a grease separator in accordance with the Code. Councilman Evans questioned and City Engineer Kicak confirmed he was certain the grease came from the hospital; would concur with splitting the cost. Following clarifiction that a reasonable time for installation of the grease separator is 30 days, Motion No. CC-85-172 carried, ALL AYES. Page 13 - 5/23/85 The regular meeting adjourned -at 11:47 p.m. to joint Council/CRA adjourned regular meetings to be held in the Council Chambers on May 28 and 29, 1985, at 5:30 p.m. to conduct FY 1985-86 Budget Sessions. Respectfully submitted, APPROVED: N`�': � 4 \\ - � I � Maydt,'-- \ \ Page 14 - 5/23/85