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07/25/1985CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JULY 25, 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 July 25, 1985, at 5:33 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 Ilene Dughman, Deputy City Clerk ABSENT: None The meeting was opened with invocation by Tom Jones, Director of Alumni & Church Relations, California Baptist College, followed by the Pledge of Allegiance, led by Myrna Erway. ITEM ADDED TO AGENDA - Item 2C - Certificate of Commendation, Myrna Erway. ITEM DELETED FROM AGENDA - Item 3C - Approval of 7/8/85 Minutes. CERTIFICATE OF COMMENDATION - GRIFFIN HOMES Mayor Grant read and presented a Certificate of Commendation to Dale Griffin, Griffin Homes. CERTIFICATE OF COMMENDATION - MYRNA ERWAY Mayor Grant announced that City Clerk Erway had accepted a position of City Clerk/Senior Administrative Assistant with the City of San Clemente; read and presented a Certificate of Commendation to City Clerk Myrna Erway for her service prior to and since the City's incorporation. Mayor Grant stated Mrs. Erway will be missed very much by everyone. City Clerk Erway introduced Sally Stone, Steno Clerk, a new employee in the City Clerk Department, whose prime task will be to assist with j the preparation of Council and CRA meeting Minutes. Page 1 - 7/25/85 FRANCHISE PROPOSAL - LOMA LINDA DISPOSAL CO. Council was provided Section 66757 of the Government Code relative to the Council's authority for providing service, which was inadvertently omitted from the Staff Report. City Manager Armstead advised that Loma Linda Disposal Co. has agreed to a proposed franchise for the disposal of household and business hazardous waste in a safe manner within County and State guidelines, with 15% of the gross franchise fee being allocated to the City provided the City processes the required billing; the estimated gross revenue to the City is estimated to be approximately $25,000 for the first year. Mr. Armstead emphasized the importance of the franchise contract allowing for rate increases on a CPI, but noted Council has final review over any rate changes. Staff recommended: (1) Council consider awarding Loma Linda Disposal Company an exclusive franchise for collection of solid and hazardous waste for the City of Grand Terrace; (2) Should this proposal be approved, Council direct the City Manager and City Attorney to prepare the modifications of the municipal code, a refuse collection ordinance, and a franchise agreement for codification and approval by the Council. Finance Director Schwab felt the franchise would be advantageous for the City to gain the additional revenue. Responding to questions, stated the additional cost for billing would be slight and no permanent additional manpower would be necessary since processing would be done in conjunction with the current sewer billings. However, estimated initial cost for the transition at approximately $10,000 in additional manhours the first year netting the City approximately $15,000. Don Cook, 1595 Crescent, San Bernardino, Manager of Loma Linda Disposal Company, in response to questions, clarified disposal collection service would not be mandatory under the proposed franchise. Advised they agreed to establish a method of handling collection of hazardous wastes; however, could not calculate a fee since no laws have been established for guidelines; felt disposal of such waste at designated collection points was the only cost effective way of handling the problem. Stated Loma Linda Disposal Company would share costs for processing delinquent accounts. CC-85-228 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to proceed with the exclusive franchise and direct Staff to prepare the proposed Ordinance and Franchise Agreement. Following questions and clarifications, Mayor Pro Tem Matteson called for the Question. CC-85-229 Motion by Councilman Petta, Second by Mayor Grant Mayor Grant, ALL AYES, to overrule the Call for the Question. Page 2 - 7/25/85 Finance Director Schwab, responding to Councilman Petta's request for T-} clarification, advised no amount would be received by either party for delinquent accounts. Motion No. CC-85-228 carried, ALL AYES. CONSENT CALENDAR Items 3A (Check Register No. 072585) and 3E (Law Enforcement Contract (GTC 85-11) were removed from the Consent Calendar for discussion. CC-85-230 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar Items: B. Ratify 7/25/85 CRA actions; D. Approve 7/11/85 Minutes; F. Authorize Mayor to execute and City Clerk to record Notice of Completion for the Palm Avenue Realignment Project (GTC 85-01); G. RESOLUTION NO. 85-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY F GRAND TERRACE—,CALIFORNIA, ESTABLISHING THE FY 1985-86 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE STATE CONSTITUTION AS REQUIRED BY CALIFORNIA GOVERNMENT CODE 7910; H. RESOLUTION NO. 85-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAD TERRACE, CALIFORNIA, APPROVING SPECIFIC PLAN 85-8 AND MAKING OTHER DETERMINATIONS. (Mt. Vernon Villas) CHECK REGISTER NO. 072585 Councilwoman Pfennighausen requested assurance that expenditure for street patching by Harber Construction, Warrant No. 14811, was not for Riverside Highland Water Co. street cut repairs. CC-85-231 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve Check Register No. 072585, as presented. LAW ENFORCEMENT CONTRACT (GTC 85-11) Following clarification relative to language change from the previous CC-85-232 Contract, Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, to approve and authorize the Mayor to execute the Law Enforcement Contract with San Bernardino County for FY 1985-86 (GTC 85-11). PUBLIC PARTICIPATION Kenneth Ford, 22715 Arliss Drive, submitted a petition to the Council regarding the placement of a stop sign at the intersection of Arliss Drive and Holly. Petitioners requested removal of stop sign and suggested posting a speed limit sign, a yellow divider line, and additional patrolling of area to control speed violators. Page 3 - 7/25/85 Fred Schultz, 22739 Arliss Drive; Arthur Weers, 22865 Arliss Drive; Dominique arotta, 22751 Arliss Drive; and Ray Donaldson, 22696 Arliss Drive; a requested that the stop sign be removed an reiterated Mr. Ford's observations. Lila Weers, 22865 Arliss Drive; and Barney Karger, 11668 Bernardo Way, also in icated concurrence. Councilwoman Pfennighausen stated that, due to three years of citizen complaints, the stop sign was felt necessary. Discussion followed pertaining to the exhorbitant cost of increased law enforcement for speed reduction. Mayor Pro Tem Matteson felt the majority should rule; however, that violators of the stop sign would not abide by a speed limit and recommended increased enforcement. CC-85-233 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to remove the stop sign at Arliss Drive and Holly. Upon recommendations by Councilmen Evans and Petta, Captain Bradford stated he would increase enforcement of the area. Mayor Grant indicated reluctance, but would support the Motion; felt deterrence by increased law enforcement and the issuances of numerous citations could possibly be more effective than the stop sign. Councilwoman Pfennighausen felt the stop sign caused the traffic to slow, but would support the Motion - if complaints continue relative to excessive speed, will request the stop sign be reinstalled. Councilman Petta called for the Question. CC-85-234 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, to overrule the Call for the Question. 0 Mayor Grant concurred with Councilwoman Pfennighausen's admonitions; felt if an accident occurs at that intersection, Council will have to reevaluate its decision. Motion No. CC-85-233 carried, ALL AYES. Audrey Plantico, 12455 Willet, advised Council of repeated leash law violations and harassment by a neighbor as well as existing fire hazards on his property; cited a situation whereby the Fire Department was prohibted access to extinguish a fire. Understands five previous residents moved after failure to resolve untenable situations; was also advised of various attempts by neighbors to seek enforcement of violations over a 17 year period. Requested Council's assistance. City Manager Armstead stated he was advised of this matter that day and instructed the Code Enforcement Officer to investigate and take action; was currently unaware of status. Councilwoman Pfennighausen expressed her awareness of the problem; recommended pursuing abatement of the existing fire hazard; noted the individual carries a firearm. Earl Plantico, 12445 Willet, stated that, in addition to violations of leash laws and numerous encroachments, various rabid -carrying animals Page 4 - 7/25/85 CC-85-235 Page 5 - 7/25/85 continually venture onto his property from his neighbor's yard. Mr. Plantico reiterated the individual does carry a firearm and, if confronted by it, stated he would apprehend and hold the individual until the proper authorities arrived. Barney Karger, 11688 Bernardo Way, indicated his awareness of the problem and concurred with the above statements. Following discussion, Staff was directed to investigate and take immediate, appropriate action in enforcing any violations, taking the firearm into consideration. Recessed at 7:10 p.m. and reconvened at 7:30 p.m. with all members present. APPEAL OF PLANNING COMMISSION DENIAL OF USE DETERMINATION - PACIFIC BELL TELEPHONE Patricia Hamilton, representing the appellant. Pacific Bell Telephone. gave DacKgrouna on tneir by the City with the est (RSC). Due to the fact currently services the C capacity with regard to that RSC is an alternati Council's question of ch stated the original site Fire Station was not eco expansion; therefore, th location, economics, and discussed included 3-way ringing capabilities as proposal and possible benefits to be derived ibl i shment of a remote switching center :hat the Colton office of Pacific Bell, which 'ty, has essentially reached its growth iroviding service for new lines, she advised Fe to meet requirements. In answer to the inging the proposed location, Ms. Hamilton at the end of Center City Court next to the comically feasible nor condusive to future new site on Michigan was selected based upon expansion capabilities. Enhanced services calling, call forwarding, and distinctive tell as a standby power communication system for implementation in emergency situations. Mayor Grant opened the meeting for Public Hearing. Dave Jones, 12880 Fremontia Avenue, commented on the phenomenal charges incurred by Grand Terrace residents calling San Bernardino. Mr. Jones questioned whether the RSC would change those costs and was advised by Tony Lopez, a Pacific Bell Telephone representative, that the switching system would not affect current fees. Councilwoman Pfennighausen, with Mayor Grant and Mayor Pro Tem Matteson indicating concurrence, noted the scarcity of prime commercial property in Grand Terrace and felt the issue should be viewed from the standpoint of future sales tax revenue potential. Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to deny the Pacific Bell Telephone appeal. Councilman Petta voiced support for the appeal if the building would be sufficiently attractive and blend architecturally. CC-85-236 City Attorney Hopkins stated the matter at hand is an interpretation of the Zone Ordinance and whether the proposed use is amongst those contained in the Municipal Code Section 18.27.030 dealing with uses permitted within CPD zone - the Planning Commission has made the determination that it does not fall within the Code. Councilwoman Pfennighausen noted the Planning Commission placed a CPD overlay on the proposed location in question with the specific intent of preserving the development of this prime commercial corner for future revenues. Motion No. CC-85-235 carried 4-1, with Councilman Petta voting NOE. SPECIFIC PLAN 85-11 - USA PROPERTIES Planning Director Kicak advised the developer requested the Public Hearing scheduled for this item be continued to the August 8, 1985 meeting. Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to continue the Public Hearing on Specific Plan 85-11 to the August 8, 1985 meeting. PLANNING COMMISSION REPORT - The Planning Commission Minutes of June , were provided. Planning Director Kicak advised the Planning Commission will hold its next meeting on August 5, 1985. PARKS & RECREATION COMMITTEE - Community Services Director Anstine's memorandum dealing with the 1985 spring recreation program summary was provided. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE - The Minutes of July 1, 1985, were prove e . FIRE CHIEF REPORT - City Manager Armstead advised the Fire Chief had issue an o owed through with code enforcement at site directly across from Greg's Market, thereby accomplishing fire prevention in that area. CITY ENGINEER REPORT City Engineer Kicak: (1) Additional FAU Regional funding in the amount of $85,000 has been approved by SANBAG T-TAC Committee; it will go before the SANBAG Board and, when approved, will be transferred into the City's Account as required; (2) Proposed Master Plan for Development of Areas 10, 11 & 12 - A Report of Revenues, Costs and Expenditures was provided Council. Mr. Kicak outlined corrections required in the Report, which would be revised and redistributed. Recommended Council consider establishing an Assessment District for off -site improvements within the perimeter of Areas 10, 11, and 12, with cost to be paid by landowners over a 15-year period; suggested the City contribute to the Assessment District a small portion of Capital Improvement fees derived from the Page 6 - 7/25/85 project which exceed attributable costs to cover improvements benefiting property other than the development. In preparing the Report, no attempt had been made to estimate the cost of widening Mt. Vernon between Grand Terrace Road and Washington. Councilman Evans, with Councilwoman Pfennighausen indicating concurrence, felt the Project would be an asset to the City; felt Council requires more extensive information to assure benefits for this project would not impact storm drains and street improvements: felt the matter Onuld not bp unnecessarily delaved. Respondinq to auestions. Mr. Kicak outlined procedures for the Assessment District, which would only involve improvements for that project and would not affect the City's entire operation. Understood Mr. Trevino had no problems with pursuing an Assessment District; however, has not discussed that portion to be funded by him as yet. If the Project becomes a reality, revenue for improvements would be qenerated from Capital Improvement fees and Gas and Sales Tax revenue whether or not an Assessment District is formed. In Council discussion, Mayor Pro Tem Matteson voiced objection to expending funds each year in view of the negative revenue foreseen; Councilman Petta felt references to negative revenue and intangibles were irrelevant. Councilwoman Pfennighausen pointed out there would be no cost to the City. Al Trevino, 1015 Madison Place, Laguna Beach, stated he first received Mr. Kicak's Report that evening; felt more positive revenues could be shown; displayed and reviewed a preliminary, proposed layout for the area; felt coordinated planning and cooperation between the City and developers are required to implement the Plan. Stated 65-70% of the landowners agree this is a very good concept; estimated 1 1/2 Million Dollars for improvements. CC-85-237A Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to delay any action on this matter until Mr. Trevino meets with Planning Director Kicak and Finance Director Schwab to revise the Report. Councilwoman Pfennighausen questioned whether the Master Plan would address and mitigate problems of the two approved developments; relative to negative revenue, produced by all residential developments, felt a well -planned development better than a multitude of poorly planned projects; opposed delaying the matter; felt that kind of rationale would restrict any further development. Mayor Pro Tem Matteson called for the Question. CC-85-238 Motion by Mayor Grant, Second by Mayor Pro Tem Matteson, ALL AYES, to overrule the Call for the Question. Mayor Grant expressed his inclination to favor the overall Master Plan; however, concurred additional information is needed. Councilman Evans had no objection to the delay in order to correct data, but would oppose prolonging the entire issue. Page 7 - 7/25/85 Mayor Pro Tem Matteson called for the Question. CC-85-239 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to overrule the Call for the Question. 0 Barney Karqer. 11668 Bernardo Way, requested Council approve establishing an Assessment District, which would provide funding for the off -site improvements at no cost to the City; felt the City could profit from a uniform, high -quality development that would draw people of higher income and increase property tax revenue. Advised he was not totally in agreement with Mr. Trevino's preliminary design; however, recommended not delaying action since it would increase cost for developers and could result in lowering quality. Mr. Karger included brick entrances and block walls as off -site improvements. Mr. Kicak responded cost for those improvements were not included in his Report and would require eligibility determination by the Bond Counsel. Councilman Petta felt Mr. Karger substantiated the Report; felt the matter of negative revenue is immaterial since it exists in all residental developments; supported establishing the Assessment District. Mayor Pro Tem Matteson voiced no objection to the Assessment District; was concerned about puttinq Capital Improvement Funds back into the project. CC-85-237B Motion by Councilman Petta, Second by Councilman Evans, to amend Motion No. CC-85-237A to proceed with the project as recommended in the Report using the Assessment District as an avenue of financing improvements for the project. U. City Attorney Hopkins clarified the amendment would incorporate into the original Motion Council's intent to fund certain improvements through an Assessment District, which does not obliqate additional Capital Improvement Funds: felt the only meaninqful figures to be revised in the Report are those involvinq Capital Improvement Funds, which would be done subsequent to a meeting of the Planning Director, Mr. Trevino, and the Finance Director. Council can choose to direct any portion of Capital Improvement Funds toward the project at a later time. Motion No. CC-85-237B to amend Motion No. CC-85-237A carried, ALL AYES. Motion No. CC-85-237A. as amended by Motion No. CC-85-237B carried, ALL AYES. Mr. Trevino stated certain revisions to the specific Plan, which have been discussed with Council, will be required subsequent to new concepts; felt they are moderate modifications and recommended the Planning Director be allowed to administer them thereby allowing him to proceed with his engineering and architectural drawings. The City Attorney recommended reviewing the revisions to determine whether they are minor deviations; advised Council cannot delegate legislative functions of the General Plan process. Page 8 - 7/25/85 It was Council's consensus that the Planning Director be authorized to make revisions pursuant to review and determination they qualify as minor deviations. Mr. Kicak advised he would make necessary minor revisions provided Council agrees they would be in conformance. Mr. Trevino noted acquiring Gage Canal access is a condition precedent to issuance of a building permit, which is now out of his hands; requested that be waived to reduce apprehensions by financial institutions. Mayor Pro Tem Matteson objected to bypassing restrictions. Councilwoman Pfennighausen disagreed with Mayor Pro Tem Matteson's objections; felt waiving that condition would implement the project; impaction could only result when the project is completed, at which time the City expects to have right-of-way. Councilman Petta questioned and City Attorney Hopkins advised he foresaw no problems in the City's proceedings to acquire Gage Canal access and felt confident it would be acquired prior to the building permit stage. The purpose of the condition was to ensure participation of all developers; felt the Assessment District would be established prior to that time. Planning Director Kicak recommended, in order to expedite establishing the Assessment District, that all property owners bounded by Barton Road, Mt. Vernon, and Canal Street submit petitions to Council requesting the formation of an Assessment District - only those properties benifiting from the Assessment District, as determined by Council, would be assessed. City Attorney Hopkins was directed to prepare the petitions for submission by property owners; was questioned and advised he felt it premature to waive the building permit conditions at this time; felt there are other means of assuring Mr. Trevino's financiers. Recessed at 9:35 p.m. and reconvened at 9:45 p.m., with all members present. COUNCIL REPORTS Councilman Petta noted Councilmembers had been given City plaques; advised that the City of Palazzolo Dello Stella, Italy, has displayed great interest in becoming a Sister City to Grand Terrace and has requested something to display. CC-85-240 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, that outgoing Department Heads, previous and outgoing Councilmembers, the designer of the City's Logo, Kelly (Armstead) Arizaga, and the Sister City of Palazzolo Dello Stella, Italy, be presented City plaques; that small USA, State, and City flags also be sent to the Sister City. Mayor Pro Tem Matteson (1) Recommended each Councilmember review the Council roce ure an ook; (2) Noted the League of California Cities' request for video tapes of council meetings for training sessions; Page 9 - 7/25/85 CC-85-241 Page 10 - 7/25/85 suggested furnishing a tape of a Council meeting; (3) Hated to see City Clerk Erway leave the City; she will be missed. Mayor Grant (1) Reported uncollected litter is increasing within the commune y - cited the following conditions and locations: debris on private property at the dead end of DeBerry adjacent to the freeway; paper on the east side of Greg's Market; filth fronting shopping center stores, primarily food establishments; paper collected at City Center Court from the Stater Bros. area - suggested some type of wind break. Following discussion, Staff was directed to investigate and return with recommendations. Councilwoman Pfennighausen advised the Clean Community Systems is preparing a letter to the Shopping Center; recommended the City again pursue this matter in writing as before. (2) Felt a video tape of a Council meeting would be beneficial to the League of California Cities and advised he previously suggested to the City Manager that one be sent. RESOLUTION NO. 85-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRACE,GRAND ORNIA, INITIATING AN AMENDMENT TO THE CITY OF GRAND TERRACE MUNICIPAL CODE, CHAPTER 18.72, DEALING WITH SIGNS. City Attorney Hopkins noted that, subsequent to the recent Sign Code revision, certain local businesses voiced concern reqarding restrictions from displaying banners, etc., for special events. Following a Chamber of Commerce request for another revision of the Sign Code, a proposed Ordinance was prepared and presented to the Chamber Board of Directors providing for limited special -event signs, including pennants, flags, banners, balloons, etc. Subsequent to his meeting with the Chamber President, a proposed Ordinance is submitted as Exhibit "A" to the Resolution for Council's consideration to initiate the amendment. Attorney Hopkins outlined the Ordinance provisions and recommended revisions be made before submitting to the Planning Commission for recommendations. Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 85-12. City Manager Armstead advised there have been no variance applications for the 18 sign code violations. City Attorney Hopkins stated he was advised the Chamber planned to notify those businesses requesting they either bring their signs into conformity or request a variance. Adjourned at 10:05 p.m. The next regular meeting will be held August 1985,at 5:30 p.m. APPROVED: Respectfully submitted, Mrr Pro po cting City Cler