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01/10/1985CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 10, 1985 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 January 10, 1985, at 6:33 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 ABSENT: None The meeting was opened with invocation by Pastor Rick Petronella, Praise Fellowship Foursquare Church, followed by the Pledge of Allegiance, led by r Councilman Evans. SPECIAL PRESENTATIONS Mayor Grant read and presented certificates of appreciation to Barbara Bayus and Elizabeth Duarte for outstanding service in organizing the "Country Our Way" Parade. THEATRE ON THE TERRACE Chairman Ed O'Neal advised the 43-member Board of Directors will meet four times a year, with the first meeting on January 16; an accounting system is presently being finalized, and a financial report for the $2,000 funded by the City in FY 1983-84 is being prepared. Questioned the action required to receive the FY 1984-85 $2,000 allocation; feels the Theatre Group will not become self-sufficient in the next few years and that periodic funding by the City will be required; investigating the possibility of grant funding. Indicated citizen participation at the Theatre productions has been very small; feels there is a potential for the Theatre being an excellent vehicle for developing a Blue Mountain Bowl through a joint powers agreement with a university. The next Theatre production will be held the last Saturday in February and the first three Saturdays in March. In discussion, Mayor Grant clarified his statement made relative to Motion No. CC-84-141, "and indicated no stipulation," meant the City Page 1 - 1/10/85 would not tell the Theatre Group how to expend the funds appropriated; clarified that financial reports would be required. Theatre On The Terrace will be required to submit quarterly reports. Mayor Grant advised release of the funding was pending reorganization of the Theatre Group; felt the funds should be released. Mayor Pro Tem Matteson recommended Theatre On The Terrace submit a formal request for release of the FY 1984-85 funding with a financial report of the funds expended to date. PUBLIC PARTICIPATION Mr. Arkebauer, Arliss Drive, stated traffic coming down the hill in a westerly direction is traveling 50-60 miles an hour when it comes around the curve, making it hazardous for residents exiting driveways. Mayor Grant and Councilwoman Pfennighausen recommended placement of a stop sign at the intersection of Holly and Arliss for the west and southbound traffic. Councilman Petta disagreed with using a stop sign to resolve the problem, based on the traffic safety engineer study. Captain Bradford stated the solution is to have more traffic control on Arliss Drive; advised considerable time has been spent at that location and will continue efforts. CC-85-01 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, to install a stop sign on the northeast corner of Holly and Arliss. Councilman Petta voiced opposition, based on the expert opinion provided by the traffic safety engineer and Captain Bradford being unable to verify that it would make that location safer; felt a stop sign would create more problems, and should not be used to control speed. Councilwoman Pfennighausen felt when residents become aware of stop signs they work very well; stated the traffic safety engineers' criteria for installing a stop sign is that 400 vehicle trips per day have to pass to justify a stop sign; felt many stop signs located throughout the City would not meet those specifications. John Mathews, 11733 Eton Drive, recommended two stop signs at that location. Barney Karger, 11668 Bernardo Way, felt if there is to be one stop sign, there should be two; felt several stop signs in the City create traffic hazards - one on Grand Terrace Road and Vista Grande Way and some on Michigan; felt a qualified staff member should investigate and make recommendations for location of stop signs. Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to amend Motion No. CC-85-01 to install two stop signs, failed 3-2, with Councilman Petta, Councilwoman Pfennighausen, and Councilman Evans voting NOE. Motion No. CC-85-01 carried 4-1, with Councilman Petta voting NOE. Page 2 - 1/10/85 Recess was called at 7:23 p.m. and reconvened at 7:37 p.m. with all memos present. CIVIC CENTER CONSTRUCTION Architect Larry Wolff advised weather has been a problem; work is proceeding on the interior, with the carpeting to be laid on the second level and in the Council Chambers. The Dedication Ceremony has been postponed to a later date. Recess was called at 7:42 p.m. and reconvened at 7:48 p.m. with all members present. MINUTES (12/13/84) (12/20/84) CC-85-02 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve the Minutes of December 13, 1984 as presented. CC-85-03 Motion by Mayor Grant, Second by Councilman Evans, to approve the Minutes of December 20, 1984 as presented, carried 4-0, with Mayor Pro Tem Matteson abstaining. HAZARDOUS MATERIALS PROGRAM Mr. Kenneth Jeske, Deputy Director, San Bernardino County Environmental Health Services, distributed information relative to hazardous materials; advised the City has an agreement with the County to enforce health and environmental health laws and to conduct mobile home park inspections. The disposal and handling of hazardous waste materials has been of great concern. Reviewed the material distributed outlining the programs currently being conducted by Environmental Health Services, which includes developing a feasible method for the collection and disposal of household hazardous wastes under a two-year State grant. Will be preparing a model ordinance for consideration by the Board of Supervisors within the next six months; offered assistance in this area to the City if desired. In response to City Manager Armstead's question about the possibility of establishing a one -day collection center in the City, Mr. Jeske advised that most of the grant funding has been committed; estimated the cost for a one -day event to be approximately $3,000. HISTORICAL & CULTURAL ACTIVITES COMMITTEE Chairperson Barbara Mathews reported the following: (1) Expressed appreciation for receiving sympathy card; (2) Recommended accepting donation of complete set of National Geo?raphics, dating from 1941 through 1984, from Mrs. Stanley Hargrave s father, Fred Deen, for the Library; (3) A Friends of the Library organizational meeting was conducted to elect officers and approve bylaws - the Chairman is Dr. Dean Carlton; and (4) Verbatim Statement - "I would like to say one other thing - for that Council person who thought the parade was a great idea, I direct my remarks. I regret that we give certificates of appreciation to persons who cannot or will not follow rules and regulations to obtain their goals." Page 3 - 1/10/85 Mayor Grant commended Barbara Mathews for her efforts in organizing Friends of the Library. CC-85-04 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to accept the generous contribution of a complete set of National Geographics, dating from 1941 through 1984, for the Library and to send a letter of appreciation to Mr. Hargrave. 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, FROM R-R TO R-3, AREAS 11-A AND 11-B. (ZC 85-01) (First Reading) City Attorney Hopkins read the title of the Ordinance. Planning Director Kicak described the subject areas proposed for rezoning as directed by Council from R-R to R-3, which would bring the Zoning and General Plan in conformance for those two areas. Advised a letter was received from Mr. Curtis requesting inclusion of the church property, which was originally part of Area 11, in the zone change. Mayor Grant opened the meeting to public participation. Attorney Jerold Walsh, Cox, Castle & Nicholson, advised he has been working with applicants for several projects in this area; stated he had compiled research notes regarding the need to bring the General Plan and Zoning in compliance; provided that information to the City Attorney; recommended approval. Bud Howell, 11821 Mt. Vernon, opposed the zone change; recommended the entire area be examined by someone with expertise in planning who has an interest in the City; noted 70 individuals spoke in opposition at the last public hearing on this area; felt the area should have a mixture of condominiums, apartments and homes. Dr. Jack Booker, 11785 Mt. Vernon, stated the proposed action will have a profound effect on the entire area; not opposed to R-3 zoning, but would oppose any density greater than R-3-10. Barney Karger, 11668 Bernardo Way, stated by law Council must zone the area as stipulated in the General Plan; noted this action addresses zoning only, with density to be considered at the Planning Commission level; stated disapproving zoning will place the City in a legal bind. Al Trevino, 1015 Madison Place, Laguna Beach, stated they intend to have a unified master plan for the entire area, which will include access, grade crossings, Gage Canal, etc. Density will be addressed during the Specific Plan process. They are also studying the problems of housing for senior citizens. Normally in a project like this 15-20% of the project would be occupied by senior citizens. Feels the community will be pleased with the proposed project; offered to show Page 4 - 1/10/85 slides at the next meeting of projects over the past 25 years, which will show the quality of professional and development experience. Mayor Grant closed public participation. Councilman Evans advised that Mr. Von Kanel has requested inclusion of his property in the proposed zone change. City Attorney Hopkins advised the zone change can be expanded to include these two parcels since they were considered by the Planning Commission in their public hearing; recommended considering those parcels separately or conducting the public hearing February 14 to allow time to meet the legal notification requirements if the area to be rezoned is expanded. Councilman Evans questioned if input was received from the State relative to multifamily projects during the preparation of the General Plan and Land Use Element and the consequences had the City not designated such an area. Planning Director Kicak advised the State had recommended higher densities, which were negotiated to a level of 20, and had indicated a concern for the City's ability to meet the affordable housing requirement within the Housing Element, due to the small amount of remaining undeveloped land. City Attorney Hopkins advised there has been an unconfirmed threat that the State could withhold various subvention funds if State requirements are not met. Mayor Pro Tem Matteson felt R-3 zoning will result in developing the area to maximum density, even though a Conditional Use Permit is required for density above nine units per acre; concerned about increased traffic and crime with maximum density. Councilwoman Pfennighausen questioned legal consequences and property owners' recourse if the property is not zoned R-3 in conformance with the General Plan. Mayor Pro Tem Matteson questioned if there was some reason why the General Plan could not be changed. City Attorney Hopkins advised if zoning is not approved the General Plan and Zoning would be inconsistent - the property owners could bring action to force compliance and could sue for damages. Even if action were taken to change the General Plan, the City could still face action from the property owners who relied upon the General Plan adoption requirement to bring the Zoning and General Plan into conformity. Councilwoman Pfennighausen stated the public had ample opportunity to provide input regarding the land use of that area; opposed changing the General Plan due to possible legal consequences. Mayor Pro Tem Matteson felt residents have a right to protect their property and investments; objected to being required to support an issue he opposes under threat of litigation. CC-85-05 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to approve first reading of the Ordinance approving zone change from R-R to R-3 for Areas 11-A and 11-B to be expanded to include the Church property and the property owned by Mr. Von Kanel. Page 5 - 1/10/85 Councilman Petta questioned if there is a method to ensure limited density for that area. City Attorney Hopkins advised the developer would have to satisfy Specific Plan requirements; the burden of proof is then upon the City in subsequent action to show why less than maximum density was allowed by making specific findings; testimony has indicated the increased traffic flow on Mt. Vernon would not allow for that density; unless it can be shown by the developer that the traffic flow will allow that density, that would be a valid finding to limit the density. CC-85-06 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to amend Motion No. CC-85-05 to expand the description of the property to be rezoned from R-R to R-3 to include all of Area 11, carried 3-2, with Mayor Pro Tem Matteson and Mayor Grant voting NOE. Motion No. CC-85-05, as amended, carried 3-2, with Mayor Grant and Mayor Pro Tem Matteson voting NOE. City Attorney Hopkins read the Ordinance in full. CC-85-07 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to approve introduction of the Ordinance approving zone change amendments from R-R to R-3 for all of Area 11, as read, and to set second reading and public hearing for February 14, 1985, carried 3-2, with Mayor Grant and Mayor Pro Tem Matteson voting NOE. Recess was called at 9:15 p.m. and reconvened at 9:33 p.m. with all memos present. 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING ZONE CHANGE AMENDMENT IN COMPLIANCE WITH THE GENERAL PLAN UPDATE OF APRIL 26, 1984, FROM R-1 TO A-1, AN AREA OF APPROXIMATELY NINE ACRES FRONTING ON BLUE MOUNTAIN COURT. (ZC 85-02) (First Reading) City Attorney Hopkins read the title of the Ordinance. Planning Director Kicak advised the General Plan designates this area as R-1; the majority of the parcels exceed one acre, a requirement of A-1 zoning, except one parcel on the southeast corner of Pico and Blue Mountain Court. That parcel has tentative parcel map approval which has been extended in accordance with the Subdivision Map Act. All parcels fronting on Blue Mountain Court with the exception of that parcel are proposed to be A-1. CC-85-08 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to waive full reading of the Ordinance. CC-85-09 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt first reading of the ordinance for ZC 85-02 by title only. Page 6- 1/10/85 CC-85-10 Page 7 - 1/10/85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING THE CITY OF GRAND TERRACE MUNICIPAL CODE, CHAPTER 18.72, DEALING WITH SIGNS. (First Reading) City Attorney Hopkins read the title of the Ordinance and reviewed the proposed amendments; noted the only amendment proposed by the Planning Commission is to delete the words, "and must be renewed thereafter," from Section 8D. on page three. Councilman Petta declared a potential conflict of interest and withdrew from action on this matter. David Terbest, 22365 Barton Road, representing the Chamber of Commerce, stated the Chamber has taken an official position; feels that 99% of the problems have been solved; feels this is a viable ordinance; felt Item 8D. probably should not have been included in the Ordinance, but 99% of the Ordinance is very acceptable. Councilwoman Pfennighausen, with Councilman Evans concurring, recommended deleting 8D. from the Ordinance; felt there are three signs which should be exempt from the Sign Ordinance - one at Greg's Market because it is part of the structure, the barber pole at the barber shop because it is a landmark and collectors' item, and a sign at Ontario Savings & Loan. Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to waive full reading of the Ordinance, carried 3-1, with Mayor Grant voting NOE. Following full reading of the Ordinance, Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to adopt the first reading of the Ordinance as read with the deletion of 8D. Mayor Pro Tem Matteson opposed the deletion, feeling businesses should be allowed more time to change signs, due to the expense. Responding to questions by Gene Carlstrom, 22456 Barton Road, Red Carpet Real Estate, and David Terbest, City Attorney Hopkins clarified that the only signs allowed in excess of eight feet in height are those within 250 feet of the freeway; any other signs exceeding eight feet would require a variance in order to be allowed to remain. Noted there are approximately 15 nonconforming signs in the City at this time. Councilwoman Pfennighausen withdrew opposition to 8D. based on the clarification received. Councilman Evans felt including Item 8D. will only prolong the necessary abatement for two years and will place undue responsibility upon the Planning Commission during that period. The Motion to adopt first reading reading of the Ordinance with the deletion of Item 8D. failed 3-1, with Councilman Evans voting AYE, and Mayor Grant, Mayor Pro Tem Matteson and Councilwoman Pfennighausen voting NOE. CC-85-11 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, to waive full reading of the Ordinance amending Chapter 18.72 dealing with signs, carried 4-0. CC-85-12 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to adopt first reading of the Ordinance amending Chapter 18.72 of the Grand Terrace Municipal Code by title only, carried 3-1, with Councilman Evans voting NOE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, PROVIDING FOR AN OVERLAY AREA AND AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE TO PROVIDE R-1 (20,000)ZONING WITHIN SAID OVERLAY AREA. ((ZC 85-03) (First Reading) City Attorney Hopkins read the title of the Ordinance. Planning Director Kicak advised Council directed staff to provide an overlay within the R-1 area for lot sizes of 20,000 square feet. The Planning Commission conducted a public hearing and determined that the 20,000 square -foot minimum should be restricted to a parcel owned by Mr. Karger and another parcel on the southeast corner of Pico and Blue Mountain Court, which presently has tentative map approval, which has been extended in accordance with the Subdivision Map Act. Barney Karger, 11668 Bernardo Way, recommended not adopting this Ordinance, since it now only affects his property; objected to the Planning Commission determination to decrease the overlay area, feeling it should have covered the area as originally proposed. CC-85-13 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES to deny Zone Change No. 85-03. COUNCIL REPORTS Mayor Pro Tem Matteson reported the following: (1) Requested abatement of dieseT-T—rucks parking and doing mechanical work on Michigan causing hazardous conditions; (2) Recommended supporting, with Mayor Grant concurring, the Colton/Grand Terrace Jaycees in their plan to conduct a Miss Grand Terrace Contest; (3) Recommended establishing a school educational program which would allow the students to learn more about the City Council and its procedures; (4) On April 15, the San Bernardino Area Chamber of Commerce will travel to Sacramento to visit the Capitol, meet with legislators and attend sessions; highly recommended attending; (5) Made the following public statement: "During ny campaign, I said some things that some people misinterpreted, and one of them was that Joe Kicak was working with the engineers - working with the developers. What I meant by that statement was the fact that, if somebody is working with another person - the developer relationship, I felt there may be the possibility he might lend a little favoritism toward them. I did not intend to indicate, in which some people took it, he was in cahoots, Page8- 1/10/85 CC-85-14 Page 9 - 1/10/85 as Mr. Rigley interpreted, or on the take from the developers. I want to go on record, with nW statement being included in the Minutes, because I do not feel that I want to cast any disparities against Mr. Kicak;" (6) Recommended purchasing a new gavel for the Mayor to be used in the new Civic Center. Councilman Evans stated he understands there is a procedure relative to the - our parking limitation wherein the officer tags a vehicle for parking in excess of 72 hours; must then submit this information to the City Clerk, who must send a letter to the property owner advising if the car is not moved it will be towed away. Voiced objection to this procedure, feeling it is unfair to the officers. Councilwoman Pfennighausen advised a half -page article appeared in the California ecyc er giving a brief history of the functions of the Grand Terrace Clean Community System. Grand Terrace is now designated as being one of the cleanest cities in the State. Mayor Grant reported the following: (1) Attended Omnitrans and SANBAG meetings on January 8; questioned and received confirmation from City Engineer Kicak that the City responded to a request by the County relative to street maintenance and funding; (2) Received correspondence from Tom Teorey voicing concern that vehicles parked in the alley between Holly and Brentwood could be obstructing the use of the alleys by emergency vehicles; directed staff to investigate this matter; (3) Received correspondence from Assemblyman Leonard, Governor Deukmejian, Congressman Wilson and President Reagan indicating they will be unable to attend the Civic Center Dedication Ceremony. Councilman Petta recommended sending a letter to the Hughes family asking them to maintain their property. Council discussion did not indicate concurrence with the recommendation. Questioned if there would be any objection to him requesting a proposal from Larry Wolff for architectural services for a building on his property adjacent to the Civic Center. Recess was called at 11:04 p.m. and reconvened at 11:14 p.m. with all members present. CONSENT CALENDAR 7A, Check Register No. 011085, and 7C, Resolution supporting the reappointment of Walter Ingalls to the California Transportation Commission, were removed for discussion. Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to approve the following Consent Calendar Items: 7B - Ratify CRA actions of January 10, 1985; 7D - Accept Bond No. OC-300876 for $1,800 for Street Maintenance and approve release of the following Bonds for Tract 9919: (1) Bond No. OC-300219 - $18,000 - Street Improvement (Performance) (2) Bond No. OC-300219 - 9,000 - Street Improvement (Labor & Material) (3) Bond No. OC-300222 - 2,400 - Sewer & Water (Maintenance) CHECK REGISTER NO. 011085 CC-85-15 Following clarification of Warrant No. P4175, Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to approve Check Register No. 011085. Page 10 - 1/10/85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING THE REAPPOINTMENT OF WALTER INGALLS TO THE CALIFORNIA TRANSPORTATION COMMISSION. Mayor Grant indicated he would not support the Resolution based on the voting record of Mr. Ingalls. Council did not approve the Resolution. TELEPROMPTER OF GRAND TERRACE FOUNDATION City Manager Armstead advised 62% of the residents have subscribed to Cable TV. Teleprompter Cable Television of Southern California has agreed in its franchise for Group W Cable to provide the Grand Terrace area a system of full-time staff and interns to work with access users such as local, community, educational, government and leased channels; recommended appointing a five -member board of area residents to work with Group W. Councilwoman Pfennighausen nominated Ellie Minesinger to serve on the Board subject to receiving indication of the responsibilities of the Board. Upon recommendation by Councilman Evans, Mayor Grant directed staff to advertise the openings on this Board in the Chamber Newsletter and local news media. COMMUNITY ROOM POLICY/FEE SCHEDULE Community Services Director Anstine advised staff compiled a proposed policy regarding the utilization of those rooms and areas within the Civic Center complex which will be available for public use for consideration by Council. Responding to Mayor Pro Tem Matteson, City Attorney Hopkins advised consumption of alcoholic beverages on City property is prohibited unless authorized by Council for special events; recommended amending the Code to authorize delegation of this authority to a staff member if alcoholic beverages are to be allowed at special events. F1 Council discussion indicated concurrence with charging non-residents and businesses for the use of the facilities; felt residents and 0 EI Page 11 - 1/10/85 non-profit civic organizations should be allowed use of the facilities at no charge. Further consideration of this matter was tabled to the meeting of January 24, 1985. Mayor Pro Tem Matteson, Councilman Petta and Councilwoman Pfennighausen indicated concurrence with the proposed policy for light alcoholic beverages; Mayor Grant indicated opposition; Councilman Evans opposed the alcohol use due to potential problems it would create. ADJOURN - The regular meeting adjourned at 11:57 p.m. The next regular meeting will be held January 24, 1985 at 5:30 p.m. Respectfully submitted, C i ty Cittk APPROVED: