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01/09/1986CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 9, 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 January 9, 1985, at 5:39 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 Ilene Dughman, City Clerk ABSENT: None r The meeting was opened with invocation by Councilman Petta, followed by the Pledge of Allegiance, led by Councilman Evans. ITEMS ADDED TO AGENDA The following items were added to the Agenda: Item 4B(2) - California Parks and Recreation Society Conference, Item 4B(3) - Parks and Recreation Committee Vacancy, 5(B) - Tentative Tract No. 9448 (Pearson property), and Item 8 - Closed Session. CONSENT CALENDAR Item 2A - Approval of Check Register No. 122785 and Item 2B - Approval of 12/12/85 Minutes were removed from the Consent Calendar for discussion. CC-86-01 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to approve the following Consent Calendar Items: A M . Approve Check Register No. 010986; B. Ratify 1/9/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; E. Ratify Negative Declaration & Direct City Clerk to File Notice of Determination for Conditional Use Permit (CUP 85-9) - Senior Citizen Resthome, 22325 Barton Road; Page 1 - (1/9/86) F. Authorize Installation of Stop Sign on Rosedale Avenue at the Northwest Corner Intersecting Palm Avenue. G. Authorize Advertising for Bids - Fire Protection System for Maple, Vivienda & Burns (GTB-86-04); H. Authorize City Clerk to Extend Soliciting License (L-85-02) - Teen Challenge Walk-A-Thon - to Expire January 31, 1986. APPROVAL OF CHECK REGISTER NO. 121785 Following clarification of Warrant Nos. 15389, 15409, and 15414 by CC-86-02 Finance Director Schwab, Motion by Mayor Grant, Second by Mayor Pro Tem Matteson, ALL AYES, to approve Check Register No. 121785. APPROVAL OF MINUTES 12/12/85 CC-86-03 Following clarification, Motion by Mayor Grant, Second by Councilman Evans, ALL AYES, to approve the Minutes of 12/12/85, as presented. PUBLIC PARTICIPATION Glenn Clark, 1310 Cahuil l a, Colton, voiced concern with group of individuals congregating on the corner of Barton Road and the freeway to solicit their services for loading and unloading of trucks; felt they created a nuisance and potential hazard to residents. In response, Captain Bradford, San Bernardino County Sheriff's Department, discussed the possibilities of restricting parking to two hours or placing "No Parking" signs to help rectify problem. Dr. Mc Duffy, 11830 South Mt. Vernon, additionally advised problem upset customers of his Animal Clinic business as well as tenants and property owners in the area. Mayor Pro Tem Matteson recommended placing "No Parking" signs along both sides of Barton Road between the I-215 Freeway and West City limits, and, if problem not abated, further action be taken. RESOLUTION 86-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRA A ESTABLISHING A "NO PARKING" ZONE ON BOTH SIDES OF BARTON ROAD BETWEEN THE I-215 FREEWAY AND WEST CITY LIMITS CC-86-04 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 86-01. City Attorney Hopkins advised Staff will investigate possible enforcement under the Municipal Code regulating solicitation. PLANNING COMMISSION REPORT Planning Director Estrada reported the following: (1) Advised of Planning Commission's approval of Site and Architectural Plan and Tentative Parcel Map 9666 (Pacific Bell Remote Switching Station) and Revised Tentative Parcel Map 9448 (applicant, Pearson), both to be presented to Council for ratificaton following the Public Hearing at n January 23rd meeting. Page 2 - (1/9/86) Master Plans for Michigan Street and Barton Road - Mr. Estrada presented and usse outlines containing descriptions and time -tables for proposed Master Plans of Barton Road and Michigan Street and General Plan Update. Mayor Pro Tem Matteson felt Master Plan should cover entire area including commercial property east of Mt. Vernon; opposed piecemeal approach. Councilman Evans, noting Planning Director Estrada announced his leaving the firm of Kicak & Associates, recommended deferring the matter to maintain continuity; questioned Mr. Kicak's plans for replacement and recommended consideration be given to an in-house Planner. Councilwoman Pfennighausen voiced concurrence. Mr. Kicak advised recruitment had not been discussed as yet; however, consideration will be given to hiring a Planner with an Urban Degree. Mayor Pro Tem Matteson noted Mr. Estrada would not leave for two months; felt that sufficient time to start the master -planning. Councilwoman Pfennighausen advised the reason Barton Road Corridor was targeted by the Economic Development Committee to be master -planned first was due to the fact developers were presently interested in that particular area; intent was to maximize control of types of development and have an orderly transition. In response, Mayor Pro Tem Matteson felt subsequent to master -planning the whole area, particular areas could be targeted. Mayor Grant felt the rationale behind pinpointing Barton Road valid, however, concurred with Mayor Pro Tem Matteson that the overall economic state of the Community in its totality should be addressed; indicated it a duplication to prepare Master Plans for Barton Road and Michigan Street separately. 'L Councilman Evans, in concurrence, felt that all plans should encompass the entire area and be coordinated together including updating General Plan statistics; questioned additional funding required to accomplish the master -planning and was advised by Mr. Estrada additional staff time will be required. City Engineer Kicak clarified the additional funds would cover the gathering of information and data as well as the topography including aerial views; indicated these were not within the scope of what was initially budgeted; advised Staff would calculate additional costs and submit figure at next Council meeting. Mr. Estrada requested delaying action to allow time to modify time -tables. CC-86-05A Motion by Mayor Grant, Second by'Councilman Evans, to direct the Planning Department to combine the Master Plan for Barton Road and Michigan Street in terms of the responsibilities and time -tables and submit revised schedule in the form of a Staff Report at next Council meeting. (See Motion Nos. CC-86-05C and CC-86-05D) CC-86-05B Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to amend Motion No. CC-86-05A to include all commercial property (C-2) east of Mt. Vernon on Barton Road in the Master Plan. Page 3 - (1/9/86) Responding to Councilman Petta relative to potential conflict of interest in voting, City Attorney Hopkins advised, if an individual has any interests in property including listings or agreements whereby he could substantially benefit financially, a conflict may exist; however, indicated the percentage of property involved appeared minimal. Motion No. CC-86-05B, to amend Motion No. CC-86-05A, carried, 4-1, with Councilman Evans voting NOE. City Attorney Hopkins clarified that it was up to each Councilmember to decide their own personal potential financial gain and base his or her vote or abstension on that determination; further advised that, based on his knowledge of Councilman Petta's property interests, his vote on Motion No. CC-86-05B appeared appropriate. In order to give the parties involved the opportunity to vote CC-86-05C accordingly, Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to reconsider vote on Motion No. CC-86-05B, carried, ALL AYES. CC-86-05D The reconsidered vote on Motion No. CC-86-05B, to amend Motion No. CC-86-05A, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. Motion No. CC-86-05A, as amended by Motion No. CC-86-05B, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. General Plan Update 0 Planning Director Estrada presented an outline for the proposed General Plan Update; advised the scheduled time -table would have to be modified due to the combining of Barton Road and Michigan Street Master Plans; recommended the General Plan updating be included in the revised Master Plan. Councilman Evans primarily concerned with current statistical information being available for determining land use and development. Mr. Estrada advised all statistics derived from compiling the Master Plan will be available during review process and ultimately included in the General Plan update. Mayor Pro Tem Matteson voiced concern with the lengthiness of the time -table, desiring some action be taken this year. Councilwoman Pfennighausen felt update process must be done systematically and not accelerated. CC-86-06 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to direct staff to revise time -table for General Plan Update in accordance with the Master Plan revision, carried, ALL AYES. Relative to revision of time schedule, Mayor Grant requested staff consider the feasibility of Mayor Pro Tem Matteson's request to expedite the General Plan updating without jeopardizing integrity of work. Recessed at 7:22 p.m.; reconvened at 7:38 p.m., with all members present. Page 4 - (1/9/86) PLANNING COMMISSION REPORT (Cont'd) Title 18 Review Ad Hoc Committee - (4) Planning Director Estrada questioned whether Council wis ed to informally interview applicants for the public member to service on the Title 18 Review Ad Hoc Committee. Council set January 16, 1986, 6:00 p.m., to hold a Public Workshop Session in the Council Chambers Conference Room for the interviewing process. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, DEALING WITH NOISE & DECLARING THE EMISSION OF CERTAIN NOISES TO BE A NUISANCE (Second Reading) City Attorney Hopkins read title of Ordinance and related modifications made relative to elimination of decibel 1 evel s and restricting operations of certain equipment during the hours of 10:00 p.m. - 7:00 a.m. Mayor Grant opened Public Hearing. Supporting Testimony Scott Lanier, 21973 Tanager, spoke in favor of overall Ordinance, due to his shift work which necessitates sleeping during hours designated therein; however, voiced reservation with regard to Section 4 which exempts such noises as are a natural accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose except as otherwise provided for herein - would feel more comfortable if no business operations were allowed during the hours of 10:00 p.m and 7:00 a.m. Opposing Testimony Chester Easter, 21963 Tanager, spoke in opposition of Ordinance, stating it does not protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City; relative to the aforementioned portion of Section 4, felt all those noises which create a nuisance are a natural accompaniment of a lawful business; related paragraphs 6(e)-(h) which probibit loud and excessive noise do not specify trucks in the operation of equipment; cited proposed Ordinance as an ineffective tool to combat problem; requested the following restrictions be added: Any operations within an M-R zone abutted on any side by an R-1 zone between 10:00 p.m. and 7:00 a.m. weekdays and 8:00 p.m. - 8:00 a.m. weekends and holidays shall be deemed to be unl awful . Dan Butterfield, 12796 Royal Avenue, in concurrence with above comments, spoke in opposition of proposed Ordinance and sought relief as requested by Mr. Easter. JMayor Grant closed Public Hearing. Page 5 - (1/9/86) Responding to Councilman Evans, City Attorney Hopkins advised that a business does not have an unlimited ability to create a nuisance on another's property through noise pollution; related a governmental entity does have the power to regulate hours of operation within reason and indicated certain activities causing loud and excessive noises could be totally prohibited during designated hours. Councilwoman Pfennighausen related personal observation of the existence of a nuisance created by trucks racing their engines and audible metal noises heard from at a distance greater than location of residences in relation to Trojan Trucking; felt residents have a justifiable complaint and that Ordinance should be specific if necessary to grant requested relief. In response to Mayor Tem Matteson relative to specific annoyances, Mr. Easter stated the foremost noises creating a nuisance are operating a forklift, loading and unloading of vehicles, movement of trucks within the yard, and potentially milling operations. CC-86-07A Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to modify the following sections of Ordinance: Paragraph 6( ) - to include forklifts, milling equipment, and movement of diesel trucks on private property located adjacent to residential area. In light of further clarification by City Attorney Hopkins, Motion by CC-86-07B Councilman Evans, Second by Councilwoman Pfennighausen, carried, All AYES, to amend Motion No. CC-86-07A to include the following additional modifications: Paragraph 5(d) - Eliminate "and provided noise levels created do not exceed the —noise standards herein."; Section 4 - Modify to refl ect reasonable noises that do not fall within the prohibited categories as contained hereinafter to alleviate any doubt or ambiguity, relative to prohibited noises not protected by Section 4; Paragraph 6 - Include prima facie evidence of a violation statement, as stated in para 6(c), in appropriate paragraphs. Motion No. CC-86-07A, as amended by Motion No. CC-86-07B, carried, ALL AYES. Responding to City Attorney, Mayor Grant directed staff to make modifications and contact Attorney Lewis, representing Inland Lumber Company, in this regard. TENTATIVE TRACT 9448 (applicant, Pearson) Following brief discussion and clarification by City Engineer Kicak, CC-86-08 Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem Matteson, ALL AYES, to continue Public Hearing on Tentative Tract 9448 to January 23, 1986. PARK AND RECREATION COMMITTEE REPORT Dick Rollins, Chairman, reported the following: (1) Emphasized importance of staff and Council utilizing michrophones for television broadcast to be fully audible; suggested recesses be limited to 5 minutes in order to hold audience attention; (2) Committee voted to Page 6 - (1/9/86) hold only one meeting per month; ( 3 ) Displayed sample of trophy presented to winners of baseball tournaments; (4) Noted vandalism at Terrace Hills Park has resulted in the destruction of property and necessary repairs need to be considered. CC-86-09 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to approve attendance of Dick Rollins, Ken Rinderhagen, and Lenora Frost to the C.P.R.S. Conference with allowable expenses to be reimbursed by the City. Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to CC-86-10 appoint Jason Otter to fill the unexpired term of Rhoda Saterfield to expire 6/30/86. CRIME PREVENTION COMMITTEE REPORT - Minutes of November 18 and December 23, 1985 meetings were provided. EMERGENCY OPERATIONS COMMITTEE REPORT - Minutes of November 18, 1985 were provided; Minutes of No_v_e_mE_er_73_, 1985 from Communications Sub -Committee also submitted. ECONOMIC DEVELOPMENT ADHOC COMMITTEE REPORT - Councilwoman ennig ausen reported on meeting of JWn_uary 7, 1986, where Planning Director Estrada showed aerial views for development of Master Plan. Lloyd Brown shared ideas on various kinds of development for the Clark/Keeney property on the west side of the freeway; due to lack of quorum, no official business conducted. CITY ATTORNEY REPORT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON ADOPTION OF A RESOLUTION OF NECESSITY TO ORDER ACQUISITION OF CERTAIN PROPERTY BY EMINENT DOMAIN City Attorney Hopkins distributed the above Resolution setting a Public Hearing for February 13, 1986, 7:30 p.m., relative to the adoption of a proposed Resolution of Necessity to enter into Eminent Domain proceedings for acquisition of Gage Canal crossings. The above Resolutions fulfill our obligation to Developers regarding the bond issue and serve as leverage if necessary to acquire Gage Canal property. Mayor Pro Tem Matteson not in favor of rushing into Eminent Domain proceedings and requested delaying matter until outcome of January 13th meeting with Gage Canal; City Attorney felt no harm in postponing action, therefore, matter delayed. CITY COUNCIL REPORTS Councilman Evans questioned necessity of City Attorney Hopkins preparing a memorandum relating to attorney meetings with Councilmembers. City Manager Armstead related the City Attorney was instructed to prepare such a memo to avail all Council members of updated information for better communication at meetings. Councilman Petta supported fiction s a demgcrat. n-do r t a o1* referenced Municipal Code, Section t.b$.Q96, an � em' asized yail Page 7 - (1/9/86) communications should go through the City Manager. Councilwoman Pfennighausen agreed with channelling information through City Manager, however, not with respect to basic inquiries as exempted in above mentioned Code. City Attorney Hopkins believed length of discussion a determining factor to distinguish between mere inquiry and actual conducting of business. Councilman Petta voiced concern with Councilmembers abusing time with staff to exert political pressure; felt meetings behind closed doors must be stopped. In response, Councilman Evans requested substantiation of allegations seemingly directed at Councilwoman Pfennighausen and himself. Councilman Petta related his position and background on the Mt. Vernon Villas project; read, For the Record, the following comments by City Attorney Hopkins from the Planning Commission minutes: "I am in some disagreement with Mr. Trevino, not total disagreement, in what he feels was approved as the Specific Plan because I don't think the Council looked at everything. They gave some general overall requirements as to density but the Council never approved anything more." Referencing Planning Commission minutes of November 18, 1985, Councilman Petta believed the Commission did in fact have the authority to address and impose conditions set forth, subsequently appealed by Mr. Trevino at the December 12th Council meeting; felt Councilman Evans interrogated the City Attorney and City Engineer to such a degree, the result was approval of the Mt. Vernon Villas project based on a legal technicality rather than the intention of either the Commission or the Council; felt staff had many opportunities to guide Council in this matter, however, did not due to interference by 2 Council members who abused the so-called privilege of getting information by meeting with staff behind closed doors; requested City Attorney document all meetings to assure all Council business is out in the open. Councilman Evans stated that Councilman Petta's allegations were totally unfounded and felt an apology in order. Mayor Grant spoke in favor of the pyramid concept of government which does not preclude the free fl ow of information in a lateral form, however, prevents delution of the position of City Manager; concurred with the City Attorney's distinction between brief inquiries opposed to lengthy discussions; voiced conern over apparent problem and, if continues, felt policy should somehow be enforced. Councilman Petta reported on proposal to amend current Zoning r i nance w is would require an attached single-family garage in all multi -family units and set a specific limit for guest parking; requested Council direct staff to prepare amendment to Zone Ordinance for submission to Planning Commission. City Attorney indicated this was to be recognized as an interim measure to be addressed by the Title 18 Review Ad Hoc Committee and subsequently acted upon on a permanent basis. - (1�6/ 61 Councilwoman Pfennighausen thought matter should be addressed when Title 18 is reviewed by the reviewing Committee; questioned and City Attorney Hopkins related those portions of Mt. Vernon Villas property without Specific Plan/Conditional Use Permit approval would be affected. Councilwoman Pfennighausen felt approval of amendments would break the continuity of the development. Councilman Petta advised his sole intent by initiating the amendments is for clarification of current Zoning Ordinance to avoid any possible misinterpretations. RESOLUTION NO. 86-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARD TERRACE, CA, NITIATING AN AMENDMENT TO CHANGE MUNICIPAL CODE, TITLE 18, DEALING WITH MULTI -FAMILY RESIDENCES CC-86-11 Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, to approve Resolution No. 86-04, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. Mayor Pro Tem Matteson reported the following: (1) Requested staff prepare an estimate on continuation of improving the Barton Road area west of Mt. Vernon to the freeway and investigate possibilities of funding; (2) Requested estimate on cost for air conditioning at Terrace Hills Jr. High School; desires both items 1 and 2 budgeted for next year; (3) Related Captain Bradford is preparing a crime report on apartments with open garages vs. closed garages as well as the crime rate on apartments vs. residential for submission within the next 30 days. Mayor Grant reported the following: (1) Attendance at SANBAG meeting of JanuaFy-8, 1986; advised he is a candidate for appointment to the Local Agency Formation Commission; (2) Meeting with LAFC on December 18, 1985; (3) Related correspondence from Chamber of Commerce regarding deadline for submissions of articles to the Newsletter; (4) American Society of Public Administration will hold Annual Convention on April 16, 1986 at Anaheim Convention Center. PARK PROPOSAL FOR TENTATIVE TRACT MAP NO. 13205 Community Services Director Anstine presented report and recommendation to accept Option No. 2 as refl ected in T.J. Austyn's letter of December 27, 1985, whereby the developer would build an improved park if the City accept dedication of the property and assume all maintenance obligations. CC-86-12 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to accept the following proposal by T. J. Austyn: The developer will build an improved park and the City will accept dedication of the property and assume all maintenance obligations. The Motion carried, 4-1, with Councilman Evans voting NOE. Page 9 - (1/9/86) RESOLUTION NO. 86-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, ORNIA, APPROVING PROGRAM SUPPLEMENT NO. 2 REVISED (GTC-84-24-1) TO AGENCY -STATE AGREEMENT NO. 8-5421 (GTC-84-24) 0 City Engineer Kicak related agreement obligates the Federal Funds necessary for the Vivienda Bridge construction and recommended adoption. CC-86-13 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to adopt Resolution No. 86-02. City Engineer advised proposed agreement between the City of Grand Terrace and Southern Pacific Transportation Company defines responsibilities of both parties for the construction and maintenance of the new Vivienda Overhead Bridge Project. It specifies the City will pay all costs incurred by the railroad for construction inspection, estimated to be $45,384, 80% of which will be reimbursed by Federal Funds. Following discussion regarding escalating costs, City Engineer advised it was not necesary to act on remaining agenda items regarding the Vivienda Overhead Bridge project at this time - would provide estimate of the total cost for the project at the next meeting. CC-86-14 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to delay action on Agenda Items 6A(2) - 6A(8) regarding the Vivienda Overhead Bridge Project. RESOLUTION NO. 86-03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,A ORNIA, RESCINDING RESOLUTION NO. 85-08, AND ADJUSTING THE SALARY RANGE FOR THE CITY MANAGER OF THE CITY OF GRAND TERRACE Finance Director Schwab presented staff report and recommendations to set the City Manager's salary at midpoint of $4,370 effective January 1, 1986 and appropriate funds. Mayor Pro Tem Matteson suggested a 10% increase to bring salary within range recommended by Hay Management Consultants. Councilwoman Pfennighausen opposed adjusting salary in any way above the 5 1/2% previously granted and budgeted. Mayor Grant related Council accepted report by Hay Management Consultants as credible and valid, therefore, in support of increasing salary range, however, not adjusting salary itself to midpoint. CC-86-15 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to increase the City Manager's Salary 10% to $3,830.20. Motion by Councilman Petta that salary be adjusted halfway between the minimum and midpoint range to $4,042.50, died for lack of Second. Page 10 - (1/9/86) Councilwoman Pfennighausen felt if duties and responsibilities change, salary should be adjusted accordingly, however, did not believe this to be the case. In response, Mayor Pro Tem Matteson, with Councilman Petta concurring, advised that, although duties may not have substantially changed, salary has apparently always been low in comparison to other Cities. Councilman Evans observed that on the average, according to a listing of City Manager's salaries of Cities with comparable populations, the City Manager's current salary is higher than most reported, therefore, not in support of increase. Motion No. CC-86-15 carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. CC-86-16 Motion by Mayor Grant, Second by Mayor Pro Tem Matteson, to adopt Resolution No. CC-86-03 and appropriate necessary funding to City Manager's salary and benefits from unappropriated General Fund Balance, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. Closed Session - Council recessed to Closed Session at 10:29 p.m., with t e ity Manager, City Attorney, and City Engineer in attendance. Reconvened at 10:47 p.m., with all members present. Mayor Grant announce the purpose of the Closed Session was to discuss potential litigation; related no action was taken. Adjourned at 10:48 p.m. The next regular meeting will be held Thursday, January 23, 1986, at 5:30 p.m. Respectfully submitted, APPROVED: Page 11 - (1/9/86)