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08/23/1984CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - AUGUST 23, 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 August 23, 1984, at 5:40 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 Councilman Nix, followed by the Pledge of Allegiance, led by Councilman Rigley. CERTIFICATE OF COMMENDATION Mayor Grant read and presented a Certificate of Commendation to Dr. Barbara Poling for her outstanding achievements while serving as Principal of Terrace Hills Junior High School from September, 1974, to June, 1984. Dr. Poling commended the City Council and the community for the unity, support and the high ideals within the community. Mayor Grant announced that Mrs. Pat Ensey has been appointed as the new Principal of Terrace Hills Junior High School and congratulated her on the appointment. CIVIC CENTER CONSTRUCTION Architect Field Report Nos. 28 and 29 were provided. City Manager Armstead reported the following: (1) Advised there will be an emergency power unit outside the Civic Center with the transfer unit to be inside the building; (2) Authorized a $1,000 Change Order to install a walkpath around the solar energy panels to prevent damage to the roof - this item was not included in the construction drawings; (3) Was advised that the bronze plaque has been ordered and that there is a problem with the flag poles at this time; (4) Installation of the drywalling should begin next week. Page 1 - 8/23/84 Councilwoman Pfennighausen noted that the Architect Field Report No. 28 indicated the Dedication Ceremony would be held on February 17 from 5:00 p.m. to 7:00 p.m. and should be corrected to indicate 3:00 p.m. to 5:00 p.m. on February 17; voiced concern that problems similar to those with the Fire Station could possibly exist regarding the emergency power unit; recommended immediate attention to the matter. Councilman Petta recommended consideration be given to extending the height of the block wall at the apartment complex adjacent to the Civic Center site to prevent debris from accummulating on City property and to provide a more uniform appearance. City Manager Armstead stated the contractor has been requested to get a cost estimate to be presented at the next meeting; noted coordination will be required with the apartment owner. Councilman Nix recommended a sketch also be provided; felt the cost could be expensive. MINUTES - AUGUST 9, 1984 CC-84-217 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve the Minutes of August 9, 1984, as presented. CONSENT CALENDAR Item 5B, Budget Amendment, was removed for discussion. CC-84-218 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar Items: A. Approval of Check Register No. 082384; C. Appropriate $10,500 in Expenditure Line Item No. 10-4180-600 for Traffic Control Device Inventory; and establish $10,500 revenue estimate in Revenue Account Line Item No. 10-3272-000; D. Approve and authorize execution of Cooperation Agreement with San Bernardino County for Community Development Block Grant Funds for FY's 1985-86; 1986-87; 1987-88; E. Approve the Caltrans Change Order Policy to be used for the Barton Road Reconstruction Project; F. Authorize Mayor to execute a contract with San Bernardino County for Collection of Special Assessments. FY 1984-85 BUDGET AMENDMENTS Councilwoman Pfennighausen questioned what functions were performed by Bond Counsel for a cost of $3,000. Finance Director Tom Schwab advised Bond Counsel fee for the Tax and Revenue Anticipation Notes was one -quarter of one percent of the total Bond Issue; attended five meetings in Grand Terrace regarding the Issue, and was in Los Angeles for the Bond closing; the most important function performed by the Bond Counsel was to prepare and execute documents for the Federal and Page 2 - 8/23/84 State governments stating the Bonds are tax free which allow them to sell at 7-1/4%. CC-84-219 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to approve the following amendments to the FY 1984-85 Budget: (1) Increase Revenue Estimate from $20,000 to $140,000 for Account No. 10-3246; (2) Appropriate $87,000 for interest expense in the General Fund, Department No. 4190; (3) Increase Expense Account No. 10-4140-250, Professional Services, Finance Department, from $5,500 to $8,500 for Bond Counsel expense. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Community Services Director Anstine stated the Historical & Cultural Activities Committee is requesting Council approval to issue a parade permit for a parade to be held on November 3, 1984, in conjunction with the Country Fair, to begin at 8:30 a.m. at the intersection of Barton Road and Preston and to conclude at the Community Center. CC-84-220 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the issuance of a parade permit to the Historical & Cultural Activities Committee for a parade to be held on November 3, 1984. CRIME PREVENTION COMMITTEE CC-84-221 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to accept the resignation of Larry Williams from the Crime Prevention Committee, with regret, and to direct Staff to post a vacancy notice. EMERGENCY OPERATIONS COMMITTEE Community Services Director Anstine reported there was no quorum at the recent Committee meeting. Members present discussed expediting the Emergency Operations Plan for the City; will be presented to Council in the next month or two. City Manager Armstead advised the San Bernardino County Emergency Plan is to be ready in October or November; when completed it will be furnished to the Emergency Operations Committee for coordination with the City's Plan. FIRE CHIEF REPORT City Manager Armstead advised Staff met with CDF representatives August 16 to discuss streets, street signs, addresses, checking of all f fire hydrants for pressure, painting, locations, and to ensure all are in workable condition; Engineering is conducting a study on the cost Page 3 - 8/23/84 and financing methods for water lines and fire hydrants in the area behind Stater Bros.; a meeting will be held every two weeks. CITY MANAGER REPORT City Manager Armstead reported the following: (1) The City is not qualified to compete for the League of California Cities' Award for Excellence relative to the Fire Station, since the facility must be operational for a year prior to the award; (2) The League of California Cities has questioned if the City would be interested in having a booth at the Annual Conference in Anaheim for a cost of $85.00 to display the Fire Station and Civic Center. Councilwoman Pfennighausen felt a City booth would be a good idea, but indicated there would be additional cost to staff the booth. Councilman Nix felt it would be worthwhile to display the Fire Station and Civic Center in a City booth at the Conference, feeling the City needs to advertise its existence in order to have effect and influence with other members of the League. (2) Councilwoman Pfennighausen and Mr. Armstead will meet with Supervisor Riordan regarding the Library; funding for the Library will be considered at the Board of Supervisors' meeting on September 10. Councilman Rigley recommended following up to ensure all organizations send letters of support to the Board of Supervisors; (3) Interim Funding -Southern California Water Committee City Manager Armstead referenced correspondence dated July 30 requesting interim funding to assist in the formation of a Southern California Water Committee consisting of a coalition of government, private sector, businesses, water districts and public interest groups to ensure that Southern California receives adequate water; questioned whether the City should contribute. Councilman Nix recommended referring the matter to Riverside Highland Water Company for a contribution; felt a contribution would not benefit the City, since it has no authority over water distribution and our water company has no problem. Councilman Rigley recommended making a commitment, feeling there will be a water shortage in Southern California, which could result in a local water price increase. Councilman Petta felt it is the responsibility of all cities in Southern California to support this project, and would benefit the entire area. CC-84-222 Motion by Councilman Rigley, Second by Mayor Grant, to authorize a $200 donation to assist with the formation of a Southern California Water Committee, carried 3-2, with Councilman Nix and Councilwoman Pfennighausen voting NOE. COUNCIL REPORTS Councilwoman Pfennighausen referenced correspondence received from San ernar ino County indicating that free dump days are to be held in Page 4 - 8/23/84 October and requested that CCS be advised since they normally organize a school poster program in conjunction with a free dump day in November. Councilman Nix requested that Staff conduct a study to provide Council with the necessary data to determine to what extent development is creating present or future impaction in the schools; this information is to be presented in a Staff Report as an agenda item. Feels it is very important to work with the School District to ensure the best and most cost-effective utilization of existing facilities; wants to propose more cost-effective alternatives jointly with the School District other than building new facilities, if impaction exists. Questioned the City Attorney as to whether developer fees are restricted to capital improvements only or if they can be levied for purposes other than building new facilities. The City Attorney will investigate and provide that information at the next meeting. Councilman Rigley felt the matter should be coordinated with the other cities within the School District. Verification is to be ascertained on whether funding provided by the City would be utilized only for the Grand Terrace schools; it was noted the High School would pose a different problem since students from more than one city attend. Councilman Rigley reported the following: (1) Referenced Councilwoman ennig ausen s statements in the Council Minutes of August 9 relative to Tom Coyle; is aware the City Manager has full authority over personnel, but feels actions involving key personnel should be justified to Council. City Attorney Hopkins advised this matter was discussed in a Closed Session on August 9. Councilman Nix requested a Closed Session to discuss this matter further following the regular Agenda items. (2) Recommended beautifying Mt. Vernon, south of Barton Road, if feasible, such as planting sod if arrangements can be made for watering; noted the vacant lot owned by Ernie Zampeze and Bill DeBenedet adjacent to the Keeney Building is an eyesore. Councilman Petta reported the following: (1) Referenced correspondence from the California Association of the Deaf requesting a letter of support from the City for the proposed facility they will be constructing. CC-84-223 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, to direct Staff to send a letter of support to the California Association of the Deaf. (2) A citizen has questioned whether the City plans to erect signs at the City's entrances to include the various organizations in the City; questioned the status, since this has previously been discussed. Mayor Grant voiced opposition to a sign with the various organization signs attached, as seen in other cities; supports a more dignified sign. Councilman Petta recommended that the Community Services Director study City entrance signs to include service organizations and submit a recommendation for Council consideration. Page 5 - 8/23/84 Mayor Grant reported the following: (1) Stated good public a minis ration policy dictates that the City administrator will hire and fire; is reluctant to interfere with that policy; Council has the right and obligation to voice its dissatisfaction in open and closed session. Wants the City administrator to be sure the quality of work by Staff is not jeopardized due to increased workloads, feeling any cost savings is not worthwhile if that occurs. (2) Noted that more debris is collecting within the City; requested that the debris and beer bottles on the hill on Mt. Vernon be cleaned up; noted that if the citizens or the Committee involved don't pick up the debris, then the City must pick it up. (3) The shopping center is once again becoming very dirty, particularly in the area of the food establishments. PARK/PARKWAY MAINTENANCE CONTRACT Community Services Director Anstine advised a Staff Report was prepared indicating Staff's recommendation to renew the Contract with Daniel's Landscaping, which includes the justification for renewing this Contract. Councilman Nix questioned the wide differential in the price quotation received and whether the firms were aware of the existing budget appropriation. Councilman Petta felt park maintenance is needed on weekends; questioned what action would be taken to maintain the large bank; understands the $5,000 appropriated will not be used to purchase an exercise course; recommended utilizing those funds for picnic tables. Mr. Anstine stated he did not feel the contractor who submitted a bid for $650 a month could perform the job according to the specifications for that amount; the functions to be performed by Daniel's Landscaping is mowing, edging, and weed control; Staff cleans the parking lots and restrooms Monday through Friday; a young man has been employed for maintenance on weekends for the past six or seven months; relative to maintaining the large bank, stated an effort is being made at this time to control the weeds; as soon as they are under control, plans to allow the red fescue to grow to full height; will advise the Parks & Recreation Committee of the picnic table recommendation. CC-84-224 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve and authorize the Mayor to execute a contract for annual park and parkway maintenance for $1,075 per month with Daniel's Landscaping, to expire June 30, 1985. ANNUAL STREET & STORM DRAIN MAINTENANCE CONTRACT Community Services Director Anstine recommended renewing the contract with Harber Companies, Inc.; noted that most contractors are not interested in performing this type of time and materials contract and would not guarantee emergency response. The response of the present contractor within an hour has been valuable. 0 Page 6 - 8/23/84 Following clarification that the labor increase of $5.00 per hour also includes equipment, and the work performed by this contractor is on an CC-84-225 as -needed basis for time and material only, Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to approve and authorize the Mayor to execute a renewal contract for annual street and storm drain maintenance with Harber Companies, Inc., to expire June 30, 1985, in an amount not to exceed $27,000. Mayor Grant stated, for the record, that he feels competition is extremely important. We are not getting it here because it doesn't exist, according to Staff; doesn't feel this is always the case, and there are services this City contracts for which is not the case. Will continue to look for viable competition and alternatives unless convinced what the City is getting is the best. Is not so sure the service the City is receiving from Harber Companies, Inc., is the best; will vote in favor of the Motion since it appears there is no choice. Motion No. CC-84-225 carried, ALL AYES. Recess was called at 7:00 p.m. and reconvened at 7:32 p.m., with all memm ers present. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING ZONE CHANGE AMENDMENTS IN COMPLIANCE WITH THE GENERAL PLAN UPDATE OF APRIL 26, 1984. (Second Reading) City Attorney Hopkins read the title of the Ordinance. Planning �- Director Kicak advised that Council adopted the General Plan for the City on April 26, 1984, following many public hearings, conducted through the Planning Commission and the City Council over a period of many months. State law requires that each entity bring its General Plan and zoning into conformance as a result of the change in the General Plan. Staff was directed to proceed to bring the zoning into conformance with the General Plan; approximately 39 areas within the City would be affected by this zone change; these areas were reviewed and presented to the Planning Commission for a public hearing. All property owners affected by this zone change and those property owners within a 300-foot radius of the affected parcels were advised by two mailings - one for the public hearing before the Planning Commission and the second for the public hearing before the Council. Mr. Kicak reviewed the proposed zone changes. I Page 7 - 8/23/84 Mayor Grant opened Public Hearing. Supporting Testimony Area 1 - Ray Daul, 22893 Grand Terrace Road, supported the zone change rom -1 to M-2. Area 32 - Mr. Lynch, 22330 DeBerry, favored the zone change from R-1 to - . Area 38 - Francis Carter, 11938 Arliss Drive, owner of Area 38, avore- the zone change to C-2; questioned, received confirmation, and supported Area 39 zoning to C-2. Opposing Testimony Sanford Collins, 22697 Brentwood, Planning Commission Chairman, speaking as a minority of the Planning Commission, stated many public hearings were held on the General Plan at which time the Planning Commission promised the people their zoning would not be changed until they requested it; therefore, voted against all zone changes at the August 6 Planning Commission meeting. Questioned why a mass zone change is being processed at this time; noted the people are being led to believe State law requires it; quoted Section 65860 of the Government Code, which states that zoning is to be brought into conformance with the General Plan within a reasonable time. The Planning Director has previously stated that a reasonable time is up to 30 years; Many people are saving money - feels it is approximately $50,000; questioned why the City is being so benevolent; if the zoning is passed and enforced, it will eliminate all horses; questioned why people should have to move their horses from presently undeveloped land which is designated as R-1. Feels Council owes an explanation for the urgency on zone changes and why fees are not being charged. Requested rejecting the zone change in its entirety. The Planning Commission made a decision to set a restriction of 12 units per acre on the property in the area of Mt. Vernon and Canal, which was removed by the City Council; questioned whether Council is listening to the developers or the residents. Danny Gurnola, 11957 Pascal; Robert Martin, 11939 Pascal; and Marjorie c rorey,=47 Pico, opposed the mass zone change. Ms. McCrorey favored rezoning on an individual basis; requested and received confirmation that her property is remaining as an A-1 zone. Areas 1 & 2 Joy Borgstedt, 41545 Big Bear Blvd., Big Bear Lake, owner of two parcels a 808 Walnut and 21758 Walnut, adjacent to Area 1 being designated as M-2; when she purchased those properties in the early 60's, they were designated M-1. San Bernardino County rezoned her property from M-1 down to R-1. Felt that is improper zoning for the use. Requested R-3 zoning, feeling it would provide a buffer zone for the residential area. Opposed the present zoning of her properties, since they already have multiple units. Roberta Fernandez, 11858 Maple Avenue, opposed zoning either Area 1 or Area 2 as light industrial, stating access to and from that area is limited, is a family community, and wants it to remain as such. Submitted a petition signed by 17 property owners opposing zoning Area 1 as M-2. Grant Rich, 11171 Grand Terrace Road, and Frederic Carter, 11818 Burns Avenue, opposed light industrial zoning for Area 1. 0 Page 8 - 8/23/84 Area 8 - Larry Halstead, 21894 Vivienda Avenue, owner of Parcel 8, stafea he favors more controlled low growth; opposed the mass zone change - favored rezoning on an individual basis; requested RR zoning for Area 8, rather than R-1; opposed light industrial zoning for Areas 1 and 2. Areas 10, 11, 12 Phil Fowler, 11940 Canal Street, wants the City to maintain a sma -own family atmosphere. Presented a petition signed by 47 residents opposing changing the zoning of Areas 10, 11 and 12 from RR to R-3. John Langdon, 11954 Canal, is opposed to changes in Areas 10, 11, 12. The following citizens requested limitations on density if zoned R-3: Homer Howell, 11821 Mt. Vernon; Jack Booker, 11785 Mt. Vernon; Patricia—WITen, 11947 Pascal; Kim Hathaway 22998 Vista Grande Way; Hershel Robinson, 11791 So. Mt.Vernon; eophas Mims, 11743 Mt. Vernon, and Elvera Elmbuck, 11909 Mt. Vernon. Vicky Castillo, 11880 Arliss Drive. opposed zoning Area 12 for mu i- am7 y purposes, feeling more development and population makes the area less desirable. Area 26 - Barney Karger, 11668 Bernardo Way, opposed zoning that area asRT, feeling that area should be 1/2-acre lots or larger as the land continues up to Blue Mountain. Bill McKeever, 12714 Blue Mountain Court, has 1-1/2-acre lot with horses; opposed to being surrounded by R-1 zoning. Area 30 - Jesseca Douglas, 22330 DeBerry, opposed the zone change from moo R-3 for Area JU, Which is adjacent to her property; stated R-3 property, which adjoins R-1 or R-2, is to be landscaped with a 25-foot separation, which doesn't esist. Area 33 - Mr. Burris, 22456 Van Buren, opposed the zone change. erna Wne Todd, 12511 Darwin, opposed the zone change on south Van Buren to R-3 wile her property remains as R-1. Rebuttal to Opposing Testimony Barney Kar, er, 11668 Bernardo Way, stated people opposed building houses years ago; was destroying Grand Terrace; loses money on orange groves, people need a place to live; apartments are needed in Grand Terrace. Area 26 - Denis Kidd, 22874 Pico, supports zoning without restr ctions. Large lots can be restricted in higher elevations, but in the lower elevations should be the same as adjacent property. Page 9 - 8/23/84 Areas 10, 11, 12 Vince Michaels, USA Properties, 1801 Wilshire Blvd., Santa Monica, stated Fa a ter several years of meetings and public hearings, the City approved the General Plan Housing Element to make areas 10, 11, and 12 medium density residential; control of density and the scope of development is controlled through provisions of the General Plan. All projects exceeding 9 units per acre require Conditional Use Permits; any project 16 units or more requires a Specific Plan. Consultants were commissioned to study different densities, engineering, and traffic concluding no impact; the apartments would not change the street classifications. The plan for the property in Areas 11 and 12 have been negotiated for two years. Stated the development includes swimming pools and open space; access points are being changed across Canal and to Mt. Vernon to make it a nicer and safer area than empty land. Area 38 - Francis Carter, stated she resents comments made by Mr. NolTins relive o e zone change process being ramrodded and that she should pay to have her property zoned back to what it was when she bought it; has been attending meetings regarding the proposed zone changes for almost a year. Area 35 - Allen Tuck, representing Wilden Pump, 22069 Van Buren, voiced —opposition tFtestimony requesting voting against the Ordinance in its entirety; has attended meetings for a long period of time regarding the Wilden property; the matter has been debated many times. A building permit has been issued and since March of this year his firm has been in the process of investing One Million Dollars in improvements on the property. Requested that Council take action to bring the zoning of Area 35 into conformance with the General Plan. Recess was called at 9:07 p.m. and reconvened at 9:25 p.m., with all members present. Rebuttal to Supporting Testimony Homer Howell, 11821 Mt. Vernon, stated the hill on Mt. Vernon is two lanes, cannot be widened, and will become more dangerous if there is higher density development and more traffic. Vicky Castillo, 11880 Arliss Drive, after hearing comments of Mr. Michaels, stil opposes high density development; urged a NOE vote on the entire rezoning, and as the area residents in each section want the area rezoned, consider individually, especially for Areas 10, 11, and 12. Areas 1 & 2 Mrs. Roberta Fernandez, feels that area would look nicer with homes than light in us ria uildings. 0 Page 10 - 8/23/84 J Page 11 - 8/23/84 Rose Marie Taylor, 12434 Vivienda, objected to in ividuals from other telling our community how to live, to build houses. Area 10, 11, 12 did not oppose the rezoning, but areas, such as Santa Monica, how to run our community, and how Jack Booker, 11785 Mt. Vernon, regarding areas 10, 11 and 12, does not oppose growth as long as it is controlled; not opposed to zoning 10, 11 and 12 as R-3, but concerned about the density. Jerry Rentfro, 11845 Mt. Vernon, feels Mt. Vernon and the Mt. Vernon hill mus a widened if changes are to be made in Parcels 10, 11 and 12. Opposed to any changes at the present time. Cleophas Mims, 11743 Mt. Vernon, voiced concern about the population density; questioned if there are any plans to widen the bottom of the Mt. Vernon hill. Area 35 - Marjorie McCrorey, 22247 Pico, recommended voting down all the zone changes excep rea No. 35. Mayor Grant closed Public Hearing. Mayor Grant voiced concern for the magnitude of this issue's effect on the community; Staff did a good job, but disagrees and not as concerned as Staff with the possible repercussions regarding the mandatory nature of the density levels as set forth in the Housing Element of the General Plan; has examined proposals for Areas 10, 11, and 12 and concerned about traffic increase. Opposed considering all zone changes and encouraged Council to oppose Staff's recommendation. Councilman Rigley advised State law mandates that cities have a General Plan with certain elements; a consultant was hired at considerable expense to amend the County's General Plan; this included traffic surveys and many elements, such as the Housing Element. A proposed General Plan for City development for the next 5-10 years was prepared and presented to the Planning Commission and City Council for review and hearings. The City made every effort to notify the citizens that the General Plan was being updated and there could be changes affecting their property. Since all zoning must be brought into conformance with the General Plan within a reasonable period of time, Council felt it would be beneficial to the citizens to bring all zoning into conformance at one time, which would save the citizens a considerable amount of money; apparently it was not a good idea, in some instances. Council wants what is best for the City; recommended approving the zone changes for only the uncontested areas and taking no action on those areas contested; at such time as those areas propose development, the owners will be responsible for applying for a zone change and paying the necessary fees. Councilman Nix disagreed with statements referencing opposition to "Staff Recommendation," since Staff was following Council direction. Council determined, with good and magnanimous intentions, that it had an obligation to correct governmental errors, whether County or City, which were revealed in the review process, whereby some properties, through errors or omissions, had been zoned or rezoned without the owner's knowledge. Council could have required the property owners to pay for those changes, pursuant to the law; concurred with Council determination to waive the fees. Council thought ample opportunity had been provided to hear all opinions on the General Plan prior to adoption; the proposed zone changes are pursuant to the General Plan. Concurred with Councilman Rigley's recommendation to approve the uncontested areas and reviewing all contested zone changes individually. Councilman Petta stated everyone who spoke said how much they love the City of Grand Terrace; feels it is a pretty good recommendation for what Council has done in the past. A Council that has brought this City to the point that people say they want to continue to live here is not going to sell that plan down the river. Councilwoman Pfennighausen stated she chose Grand Terrace because of the small community atmosphere; dislikes apartments and high density buildings; concerned for schools, traffic, and the Mt. Vernon hill; plus factors are play facilities and a park will be provided. Doesn't want the City to grow to 14-20 thousand population, but wants children who grow up here to be able to afford to live here, but they can't. The rationale for the mass zone change was to correct past unfair zone changes at no cost; concurred with deleting items of controversy and approve the remainder of the recommendations. Councilman Rigley recommended returning the matter to Staff for the next meeting agenda, only including those areas on which there was no controversy. Attorney Hopkins recommended continuing the public hearing to September 27, with first reading of the ordinance, as amended, at the September 13 meeting; the public hearing and consideration of adoption would be held September 27. Council reviewed Areas 1 through 39, and determined that the following Areas will be included in the new zone change ordinance to be presented at the September 13 Council Meeting for first reading, since those areas were not contested at the Public Hearing held this date: 3; 4; 5; 6; 7; 9; 14; 15; 16; 17; 18; 19; 20; 21; 22; 24; 25; 27; 28; 29; 31; 32; 35; 36; 37; 38; 39. The following areas were contested at the Public Hearing; therefore, these areas will be considered individually upon the property owners' requests: 1; 2; 8; 10; 11; 12; 26; 30; and 33. Area Numbers 13 and 23 were not used originally. 0 Page 12 - 8/23/84 CC-84-226 Motion by Councilman Nix, Second by Councilman Rigley, to direct Staff to prepare a new zone change ordinance to include the following areas: 3 through 7; 9; 14 through 22; 24; 25; 27 through 29; 31; 32; and 35 through 39. Mayor Grant stated he will vote against the Motion; feels this issue will need to be considered again in its entirety even though there was no testimony against certain areas; opposed addressing the issue as proposed. Motion No. CC-84-226 carried 4-1, with Mayor Grant voting NOE. CC-84-227 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, to direct Staff to notify those property owners whose areas were deleted for approval at this time and advise them of the events that occurred at this meeting and that their area is not under consideration for automatic approval; thus, the property owners will be aware and will be given the opportunity to address Council. Councilman Rigley requested that Staff research a "reasonable length of time" to bring zoning into conformance with the General Plan. Attorney Hopkins will have that information at the next meeting. PUBLIC PARTICIPATION Bob Yeates, 12888 Fremontia, stated he had been working with Tom Coyle, in behalf of the Chamber of Commerce and the Clean Community Systems, on the sign ordinance and non -conforming signs, including a location which had a non -conforming sign as well as signs erected without benefit of a permit; voiced concern this could be the reason for Mr. Coyle leaving, since the building is owned by a Council Member; stated he was advised by Mr. Coyle that his leaving the City was due to budgetary reasons; indicated dissatisfaction with a previous staff reduction; questioned the City's present policy which provides the City Manager with full authority over employees. City Attorney Hopkins recommended no further discussion regarding Mr. Coyle, since it is a personnel matter, is a matter of confidentiality, and Mr. Coyle is not present. Councilman Nix raised a point of order regarding this matter; questioned if a member of the public has spoken on a personnel matter, whether Council is obligated to accept informal hearing testimony and conversation that involves personnel without knowing whether or not those personnel want the matter discussed publicly. Questioned if Council doesn't have an obligation to protect that individual publicly. Attorney Hopkins stated Council is not obligated to allow that type of public testimony. Councilman Nix requested that the record reflect that the testimony given by Bob Yeates is out of order. 8/ 3/84 Marjorie McCrorey, 22247 Pico, questioned and received confirmation that the zoning of the area owned by Verda Hixson will not be affected by the present zone change and will retain its present R-3 zoning. 0 Virginia Fernandez, 11858 Maple Avenue, referencing comments about noise coming from the Stater Bros. warehouse, stated she is an employee of that firm and advised Mr. Brown of the citizen's concerns for the noise; stated action has been taken to reduce the noise at night and also water down the area to reduce dust problems. Feels action will be taken by Mr. Brown if he is aware of problems.. Allen Tuck, 22069 Van Buren, questioned and received confirmation that Area 35 will be included in the zone change. Joy Borgstedt, mailing address 41545 Big Bear Boulevard, Post Office Box 3422, Big Bear Lake, California, 92315; requested that Staff record her mailing address to ensure receiving future notices. Homer Howell, 11812 Mt. Vernon, questioned if some action could be taken on the timing of the signal in the left turn lane onto Freeway I-215 off Barton Road. The City Engineer advised he will advise Caltrans since they have maintenance responsibility. Closed Session - The meeting adjourned to a Closed Session at 10:50 p.m. wi ouncil Members only in attendance. Reconvene - The regular meeting reconvened at 12:00 a.m. with all members present. Mayor Grant announced that two issues of personnel matters were discussed with no action taken. Adjourn - The regular meeting adjourned at 12:02 a.m. The next regular meeting will be held September 13, 1984, at 5:30 p.m. Respectfully submitted, APPROVED: Page 14 - 8/23/84