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03/08/1984CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MARCH 8, 1984 A regular meeting of the City Council of the City of Grand Terrace was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California, on March 8, 1984, at 5:46 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman 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 Ray Williams, Grand View Baptist Church, followed by the Pledge of Allegiance, led by Myrna Erway. CIVIC CENTER CONSTRUCTION City Manager Armstead advised Field Report Numbers 8 and 9 were provided for information; met with Group W to ensure proper installation of conduit into all areas of the Civic Center and proper placement of TV monitors in the ceiling; the Council Meeting proceedings can be transmitted to the meeting room and the library should the need occur; the equipment will be mobile. ITEM ADDED TO AGENDA - 6A(1) - Appeal of Planning Commission decision variance - sign permit - 22365 Barton Road. MINUTES (2-9-84) (2-23-84) CC-84-40 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to approve the Minutes of February 9, 1984 as presented. CC-84-41 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to approve the Minutes of February 23, 1984 as presented. CONSENT CALENDAR CC-84-42 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve all items on the Consent Calendar as follows: A. Approval of Check Register No. 030884; Page 1 - 3/8/84 B. Authorize City Manager, as Treasurer, to attend Calif. Municipal Treasurers' Assoc. Seminar in San Jose, April 23-24, 1984; and C. Approve the 2-28-84 installation of stop sign at the northwest corner of Pico/Oriole. PUBLIC PARTICIPATION Allen Tuck, representing Wilden Pump & Engineering Company, 22069 Van Buren, stated the City Engineer has advised he is unable to issue a building permit for his company's project, since Council sent the General Plan back to the Planning Commission for further hearings; requested consideration of the following alternatives: adopt the General Plan immediately, since several projects are being delayed, and immediately initiate a General Plan Amendment in behalf of the citizens, with the fees waived; an interpretation of the present zoning ordinance in a manner to allow issuance of the building permit; or direct the City Engineer to issue a building permit since it would be consistent with Council intent, with the understanding the matter is to be resolved prior to occupancy. City Manager Armstead recommended Council approve the General Plan, then refer it back to the Planning Commission for further hearings and initiate a General Plan Amendment. City Attorney Hopkins concurred with the City Manager's recommendation; disagreed with interpreting the zoning ordinance to allow issuance of the building permit; recommended issuing a building permit on the basis that an occupancy permit would not be allowed to be issued until such time as the property is properly zoned, which would avoid delaying construction, then recall the General Plan, advertise a public hearing for the next meeting on the Land Use Element only, and adopt the Land Use Element only; then have the Planning Commission proceed with a review of the other General Plan elements and a General Plan Amendment to the Land Use Element, to address those areas of concern as expressed by the citizens. Councilman Rigley felt the Land Use Element should not be adopted until the controversy on the north side of Barton Road is resolved. City Attorney Hopkins stated that matter and other areas could be addressed in the General Plan Amendment; adopting the Land Use Element immediately would avoid further delay of the Wilden Pump and Keeney projects. Bob Yeates, 12888 Fremontia, stated the Chamber of Commerce recommends that Council adopt the General Plan "as is," with the understanding that four General Plan Amendments are allowed per year, and those individuals who appeared at the previous meeting will have an opportunity to be heard at a public hearing to consider changes; economic development for the City is being delayed. Council concurred with adopting the Land Use Element as soon as possible to avoid further delay of proposed development. City Engineer Kicak stated taking this action will allow building permits to be issued for Wilden Pump and Keeney; Mr. Keeney's project is not Page 2 - 3/8/84 ready for a building permit at this time; stated Mr. Tuck is aware that his firm must also process a zone change during the course of construction; a Planning Commission public hearing is scheduled for April 2; hearings on the zone change and amendments to the Land Use Element could also be heard at that time. Councilwoman Pfennighausen felt the fees should be waived for those requesting amendments to the Land Use Element. City Attorney Hopkins stated Council and Wilden Pump should be aware that Wilden Pump runs the risk of a financial loss if a building permit is issued allowing them to proceed, in the event the zone change or the Land Use Element were not approved; stated unless Council disagrees, the City Engineer could issue a conditional building permit to Wilden Pump immediately. Councilman Nix stated the review and approval process had been expedited due to a previous concern expressed by Mr. Keeney; requested that those residents who testified in opposition to the Land Use Element be notified that adoption of the Land Use element at this time is to allow development to proceed and that a General Plan Amendment is to be initiated immediately, with no fees to be assessed for requested changes. Councilwoman Pfennighausen recommended processing the zone changes to bring the the affected properties into conformance with the land use element within a reasonable time and waiving the fees. Mr. Kicak stated a "reasonable" time has been defined as varying as much as three, fifteen and thirty years; it is a matter of policy to be set by Council; most cities take the position that if the General Plan is amended it makes no difference if the zoning is inconsistent as long as there is no proposal for development on that property; it is then the individual's responsibility to file for a zone change if development is proposed. City Attorney Hopkins advised a conditional building permit could be issued to Wilden Pump with the conditions that the zone change and the land use element must be approved so that the zone change and general plan are in conformity with the actual use prior to occupancy; recommended that Council approve the land use element in the near future; regarding the remaining elements of the General Plan, advised the public hearing for the remainder of the General Plan and the amendment to the land use element could all be considered at the Planning Commission Public Hearing to be held April 2, with separate action to be taken; then the matter could be presented to Council. CC-84-43 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES to direct Staff to schedule a Public Hearing and adoption of the land use element for the March 22, 1984 Council Meeting. City Attorney Hopkins advised a motion would not be necessary for the City Engineer to issue a conditional building permit. Councilman Nix questioned and the City Attorney confirmed that an all-inclusive zone change can be processed to bring the zoning map into conformance with the General Plan after adoption. In response to whether there is a disadvantage to taking this action, the City Page 3 - 3/8/84 Engineer advised the disadvantage is loss of revenue to the City; Councilman Nix recommended proceeding with the zone change in conjunction with the General Plan Amendment; requested a track record of all zone changes, including what changes were made and the dates, since the first General Plan in the City, for the north side of Barton Road and the west side of Michigan, from the meat locker immediately to the north. Recess was called at 6:48 p.m. and reconvened at 7:10 p.m. with all mem ers present. PLANNING COMMISSION Planning Director Kicak advised the Planning Commission will conduct a public hearing April 2 on the General Plan. SIGN VARIANCE APPEAL - 22365 Barton Road Planning Director Kicak advised Mr. James Beckman, Manager, Grand Terrace Professional Plaza, is appealing the Planning Commission decision to deny a sign variance permit at 22365 Barton Road; recommendded setting a public hearing for March 22 for this matter. CC-84-44 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to authorize Staff to set public hearing dates for appeals on sign waivers. Councilman Petta questioned and was advised he would have no conflict of interest in voting on this matter. The Planning Commission will be reviewing and considering amending the sign ordinance to provide more flexibility. Councilman Petta left the Council Table at 7:22 p.m. David Terbest, 22365 Barton Road, stated local businesses need reasonable signage to make the public aware of their existence; recommended that the Chamber of Commerce work with the Planning Commission on amending the sign ordinance. Motion No. CC-84-44 carried 4-0, with Councilman Petta being absent. CC-84-45 Motion by Councilman Nix, Second by Councilman Rigley, to set a public hearing March 22, 1984 for the appeal on the Planning Commission decision to deny a sign variance at 22365 Barton Road, carried 4-0, with Councilman Petta being absent. CITY MANAGER REPORT City Manager Armstead reported the following: (1) Tom Schwab, who has been hired as the Finance/Administrative Services Officer, will begin working for the City March 12; (2) a Local Economic Development Strategic Planning Conference will be conducted at Cal Poly, Pomona on March 22, free of charge; and (3) an informational staff report was provided regarding a summons filed by Michael Kelley. Page 4 - 3/8/84 Nuisance Abatement - Administrative Assistant Coyle advised he, the City Attorney, the City Manager and the Building Inspector inspected the properties located at 11958 Canal and 12610 Michigan and determined the properties should be boarded up, all debris removed and vegetation should be trimmed to two inches; a force agreement was signed and the work has been completed; the cost will be placed on the tax rolls of the property owners. Councilwoman Pfennighausen stated the house at 12610 Michigan was built without a permit, and a power easement runs through the property; questioned if a permit could be obtained to upgrade the property. City Attorney Hopkins stated the structure being located beneath high -voltage power lines may constitute a health hazard; Mr. Coyle is to consult with Edison Company on this matter; Mr. Kicak stated the structure has no meter. COUNCIL REPORTS Councilwoman Pfennighausen advised she attended the Stockholders' Meeting of Riverside Highland Water Company and nominated Sanford Collins to service on the Board of Directors; questioned if a master plan for updating the underground water delivery system existed; was advised a master plan and a priority list for upgrading the system will be formulated; made a motion that the directors be elected for a 3-year term and that three vacancies be created each year; this will require the by-laws to be amended; action is to be taken on that this year. Councilman Rigley questioned the status of the fire hydrant survey and was advised it was previously submitted to Council indicating an insufficient number of fire hydrants in the northwest portion of the City, with alternatives recommended, such as an assessment district or some form of financing. The City Manager stated he feels a new water system is needed; feels it could be a joint venture with the water company. Councilwoman Pfennighausen questioned if the results of the Fire Department flow -testing the existing fire hydrants is available; was advised it is due by early April. Councilman Rigley requested that Staff bring this matter before Council with recommendations. Councilwoman Pfennighausen felt this problem should be addressed in conjunction with the plan to upgrade and replace the obsolete system. Mayor Grant reported the following: (1) attended the March meetings of Omnitrans and SANBAG; the Transportation Improvement Program for San Bernardino County for this year was reviewed; one of the shelf -list SANBAG projects is the interchange improvements on I-215 for Grand Terrace; and (2) as Chairman, will conduct the annual SCAG Unmet Transit Needs Public Hearing, as provided by Omnitrans, in Colton at 2:00 p.m. on March 13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESC ING ORDINANCE NO. 73 & AMENDING THE REGULATIONS FOR COMPREHENSIVE LITTER CONTROL & MAINTENANCE OF PUBLIC & PRIVATE PROPERTY. (First Reading) Page 5 - 3/8/84 City Attorney Hopkins read the title of the ordinance. Administrative Assistant Coyle advised the purpose of this ordinance is to amend Section 2 governing vehicles transporting loose materials to be in conformance with the State Vehicle Code. CC-84-46 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to adopt first reading of the Ordinance, by title only, and to set public hearing and second reading for March 22, 1984. CHAMBER OF COMMERCE EXPANDED NEWSLETTER City Manager Armstead requested clarification and direction on the funding being provided to the Chamber for the newsletter. Staff was directed to submit a report in June indicating how the expanded newsletter is progressing and a recommendation regarding its continuance for next fiscal year. Councilman Petta indicated gathering and writing articles is time-consuming; questioned who will be responsible, since the City has a small staff; Councilman Rigley recommended processing all City -related information through the City Clerk or the City Manager. Councilman Petta felt the City Clerk will be responsible for this; questioned how it will affect the performance of other required duties. City Clerk Erway indicated preparation of information for the April Newsletter was time-consuming. CC-84-47 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to authorize transmitting the funding to the Chamber of Commerce in one lump sum as a donation to use for the Chamber's Expanded Newsletter, and to require a quarterly financial statement from the Chamber of Commerce. BARTON/PALM INTERSECTION TRIANGLE Accident Report - Capt. Bradford advised he investigated the report ma a by Larry Halstead on a traffic collision relative to the deputies not arriving for 20 minutes and acting inappropriately upon arrival; stated from the time the initial call was received until arrival of the deputies was approximately 9 minutes, which was 6 minutes after the arrival of the Fire Department; discussed the incident with Mr. Halstead; appreciates his concern and recommendations; plans to continue to improve the level of service to the City; met with the injured individual; appears he will be okay. Capt. Bradford advised he also reviewed other accidents which have occured at that location; four accidents have occurred, of which two were individuals who were unfamiliar with the intersection and the area who ran into the island; since that time additional safety indicators have been placed; the other two accidents involved right-of-way violations; in one case the visibility was impaired due to not cleaning the vehicle windows, and in the other case, the motorcycle pulled out in front of a vehicle. Staff analyzed the triangle to determine what improvements might be needed. 0 Page 6 - 3/8/84 Problems & Proposed Improvements - City Engineer Kicak advised Council was provided with a three page report with a cost estimate and a map indicating proposed improvements; feels the costs are justified due to the incidents which have occurred; recommended maintaining two lanes and not widening the intersection; feels additional lighting is warranted; recommended maintaining the present speed limit to enable the deputies to utilize radar to cite violators; a left -turn lane from Barton to Palm is being considered in conjunction with Barton Road widening; would preclude parking on Barton Road; advised eleven recommendations have been proposed in the staff report. Councilman Petta stated the steep grade of Palm increases speed and the intersection requires a right-angle turn; recommended widening the intersection to make the curve more gentle and to provide a right-hand turn lane to reduce incidents of running into the planter; felt removing the tip would improve the appearance of the corner and would provide more safety; recommended that Council make observations and consider how to improve the intersection in the next two weeks. Mr. Kicak and Capt. Bradford felt the proposal could create additional traffic hazards. Councilwoman Pfennighausen left the Council Chambers at 8:35 p.m. and returned at 8:36 p.m. CC-84-48 Motion by Councilman Rigley, Second by Councilman Nix, to direct Staff to take the following action: (1) Install "Yield Ahead" sign on Palm Avenue for traffic traveling in the easterly direction at the location shown on the plans. (westerly end of triangle); (2) Paint "Yield" on pavement on Palm Avenue for traffic easterly on Palm Avenue just at the east end of Triangle; (3) Install "Yield" sign for traffic described above; (4) Install street light on the existing edison pole located on the southerly side of Palm Avenue in the vicinity of Triangle (9500 Lumen); (5) Paint "Stop Ahead" on pavement for westerly -bound traffic on Palm Avenue as shown on plan; (6) Install "Stop Ahead" sign on the post as shown; (7) Relocate "Curve Ahead" sign 30 feet westerly from present location; (8) Relocate existing "Stop" sign northerly to approximate location of the existing limit bar on Palm Avenue for traffic entering Barton Road; (9) Relocate BIA sign northeasterly to southerly side of Barton Road easterly of the curb return on Barton Road; Page 7 - 3/8/84 (10) Install street light on the southeast corner of Palm and Barton Road at the curb return adjacent to inlet structure; (11) Repaint Stop and Limit Bar on Palm Avenue for traffic entering Barton Road; and 0 (12) Authorize $2,000 allocation to the Gas Tax Fund, 16-4931. Councilman Petta stated he feels the action will help; however, from experience on that street and at that intersection, feels strongly that the wider intersection would help in safety and appearance. Motion No. CC-84-48 carried 4-1, with Councilman Petta voting NOE. LEGISLATIVE REPRESENTATIVE - LONG-TERM FINANCING City Clerk Erway advised that correspondence was received from Mayor Hayes, Montclair, requesting that each city appoint a representative to assist with the League of California Cities' Task Force on long-term financing. Council, by concensus, determined that the City Manager should appoint Tom Schwab, Finance/Administrative Services Officer, to serve as the City's legislative representative. CHAMBER OF COMMERCE President Bob Yeates announced the Chamber has joined the San Bernardino County Chambers of Commerce Executive Board; displayed a map which has been designed for the Inland Empire which will list all member cities and will include information on each city; read the information on Grand Terrace; 100,000 maps will be printed, of which 60,000 will be placed on site at the 1984 U.S. Olympics. Councilman Rigley recommended amending the City information to indicate approximately 10,000 population with an area of 3.7 square miles. ADJOURN - The regular meeting adjourned at 8:50 p.m. The next regular me tieme tie ng will be held March 22, 1984 at 5:30 p.m. Respectfully submitted City Cirk APPROVED: Page 8 - 3/8/84