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01/24/1985CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 24, 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 24, 1985, at 7:10 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 Suk Woo Chung, Loma Linda Korean Church of Seventh Day Adventist, followed by the Pledge of Allegiance, led by Mayor Pro Tem Matteson. CIVIC CENTER CONSTRUCTION Architect Field Report Nos. 47 and 48 were provided. Councilwoman Pfennighausen advised Item 6 on page 2 of Field Report No. 48 was not discussed during the meeting. Mayor Grant recommended that items discussed after the meetings be reflected as an addendum so that the reports will accurately indicate the items discussed during the meetings. City Manager Armstead reported the following: (1) Paving has been completed except the seal coat and striping; (2) The parking lot, fence and sidewalk at the Palm Avenue entrance are presently being eliminated; (3) The telephone outlets which were covered up during the course of construction are being corrected; concrete is being added beneath the exterior telephone enclosure at no cost to the City; (4) Project slides for the dedication ceremony will be available at the next construction meeting; (5) The walk-through is presently scheduled for February 7. Councilwoman Pfennighausen questioned and was advised the largest available wall -hung enclosure will be provided for the exterior telephone, since that location is not covered. Mayor Grant voiced concern that there is no redwood adjacent to the pavement on the eastern boundary of the driveway. Councilwoman Pfennighausen advised that matter was discussed at the construction meeting and will be taken care of. Page l- 1/24/85 MINUTES (1/10/85) Councilman Evans requested the following amendments to the January 10, 1985 Minutes: (1) Page 3, Historical & Cultural Activities Committee, Item (4), presently states, "Expressed regret that Certificates of Appreciation are given to individuals who do not follows rules and regulations;" requested including Mrs. Mathews' entire statement; (2) Page 7, next to last paragraph, states, "Councilman Evans felt including Item 8D will only prolong the necessary abatement for two years and will place undue responsibility on the Planning Commission during that period;" indicated he did not make that statement; felt it was made by Councilwoman Pfennighausen; (3) Page 10, Teleprompter of Grand Terrace Foundation, second paragraph, states, "Mayor Grant directed staff to advertise the openings on this Board in the Chamber Newsletter and local news media;" stated he suggested advertising the openings and felt the Minutes should accurately reflect the sequence of events; (4) Page 11, second paragraph, indicates, "that Mayor Grant and Councilman Evans indicated opposition;" requested the Minutes reflect that he opposed the alcohol use due to potential problems it would create. Councilman Evans stated he realizes formulating the minutes and paraphrasing them into a few pages is a difficult task, considering the length of the meetings; felt care should be taken to accurately reflect in the Minutes what transpired, and that they should not be as general as they have been. Mayor Grant stated the Minutes have to accurately indicate as detailed a synopsis as possible; concurred that due to the length of the meetings, can't go into so much detail; the length of the meetings will continue because it has been his policy to let people talk. Directed the City Clerk to carefully examine the comments made by Councilman Evans, correct any inaccuracies, and to add items to the Minutes as requested by Councilman Evans; advised if a Councilmember wants additional information added to the synopsis of the Minutes, it should be included as long as it is an accurate synopsis. Noted Council had requested that the Minutes be more brief; feels the City Clerk has done a good job; stated each Councilmember is entitled to have items included which they desire. Councilman Evans felt the Minutes should be more specific; felt giving a synopsis is fine, but may not be apparent; noted that if someone were to go back and try to digest the Minutes and the sentiments and views of individuals, would be unable to draw from the generalizations in the Minutes. Approval of the January 10, 1985 Minutes was deferred pending amendments. CONSENT CALENDAR Item 4B - Five -Year Lien Agreement, GTC 85-02, to construct sidewalk at 21516 Main Street, and Item 4C - Authorizing attendance of the Page 2 - 1/24/85 Annual California Parks & Recreation Society Conference in Sacramento, were removed for discussion. CC-85-16 Motion by Councilman Petta, Second by Councilman Evans, ALL AYES, to approve the following Consent Calendar items: A - Approval of Check Register No. 012485; D - Accept FY 1983-84 Annual Financial Report. LIEN AGREEMENT GTC85-02 - AFCOM MANUFACTURING COMPANY BUILDING PROJECT Mayor Grant advised that Item 4B, the five-year lien agreement to construct sidewalks at 21516 Main Street, would be combined with Item 9A and will be considered at this time. Planning Director Kicak advised AFCOM has been attempting to construct an addition on Main Street; is required to install a sidewalk as a condition of acquiring a building permit; requested that in lieu of constructing a sidewalk at this time, he be permitted to sign an agreement similar to those signed by other properties within the City whereby, if within a five-year period the City requests installation of the sidewalks, that agreement will go into force; recommended approval of the requested five-year agreement to construct sidewalks at 21516 Main Street. Mayor Pro Tem Matteson questioned what happens after five years if the City doesn't request sidewalks. Mr. Kicak stated it would either be the responsibility of the City or any future development of that property. Mayor Pro Tem Matteson questioned and Mr. Kicak confirmed that a variance would be given if no action is taken in five years. Councilwoman Pfennighausen felt the rationale for not installing sidewalks at this location is consistent with previous similar requests, since the facility is located in a manufacturing area where other sidewalks do not exist; felt the area has been landscaped beautifully and will be an asset to the community; will provide sales tax revenue to the City, since it is a point of origin. CC-85-17 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve and authorize execution by the Mayor of a five-year lien agreement, GTC 85-02, to construct sidewalks at 21516 Main Street (Robert Wessels, AFCOM Manufacturing Company). Mr. L. J. Dawson, President, Afcom Manufacturing Company, advised he requested placement on this Agenda in the event the lien agreement was not resolved; has been working on getting a building permit for two months; the landscaping as promised to the Planning Commission at the December 17 meeting has been completed; the required fire hydrant is in service and the letter requested from the property owner has been provided to the Planning Director. Page 3 - 1/24/85 CC-85-18 AFCOM builds mobilehomes for AFCOM Development Company which develops mobilehome parks, and does not sell to dealers; estimated the City will receive $250 sales tax revenue for every mobilehome constructed, for an estimated $1,000 per day; the firm's payroll will be approximately $1,000,000; stated he wants the record to reflect that he and Mr. Kicak are not enemies; stated Councilwoman Pfennighausen is responsible for his firm remaining in Grand Terrace; thanked Councilman Evans for his assistance in resolving problems. Stated he was unable to build the proposed addition which would have allowed producing 10-12 mobilehomes per day, due to the zoning ordinance, the overall plan and being unable to meet the fire department's requirment for sprinklers in the building, since the 6-inch line would not provide sufficient power; recommended the Economic Development Ad Hoc Committee take matters such as this into consideration. ANNUAL CALIFORNIA PARKS & RECREATION SOCIETY CONFERENCE ATTENDANCE Mayor Pro Tem Matteson requested additional input since four people are requesting attendance. Community Services Director Anstine advised the conference is structured to provide approximately 50 different seminars and workshops, which are divided into different categories; each attendee is assigned a particular area to attend in an effort to cover all seminars to gain information for City implementation. Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to authorize three members of the Parks & Recreation Committee and the Community Services Director to attend the Annual California Parks & Recreation Society Conference in Sacramento on March 1-4, 1985. CRIME PREVENTION GRANT Captain Phil Schuyler advised the City was awarded the Crime Prevention Law Enforcement Grant. It is being proposed that the County provide all services provided within the grant and will act as the City's agent under the ongoing Law Enforcement Contract. The original cost for the City's match was $30,796; the County of San Bernardino is prepared to offer full services of the grant as required for a cost to the City of $12,872, which is $1,000 cheaper for the City. Advised the remaining action needed at this time is adoption of a resolution authorizing submittal of the grant application and execution of the grant award and execution of the environmental impact study. CC-85-19 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to approve the following items: (1) RESOLUTION NO. 85-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY F GRANDSTATE OF CALIFORNIA, AUTHORIZING SUBMITTAL OF GRANT APPLICATION AND EXECUTION OF GRANT AWARD; Page 4 - 1/24/85 (2) Approve and authorize execution by the Mayor of the amendment to the Law Enforcement Contract (GTC83-33-2) with the County of San Bernardino for the Crime Prevention Program; (3) Authorize execution of the Grant Award Community Crime Resistance Program document and the Negative Declaration. Councilman Petta questioned what happens after the grant term expires and whether the City would be obligated to $40,000 per year after the first year. Captain Schuyler advised application will be made for second year funding should it become available; the intent of the grant program is to assist cities in implementing programs which are to be continued, with the cities assuming the cost at the conclusion of the grant program, if the program is successful; noted the City of San Francisco was denied a grant award this year because it did not live up to its original intent and discontinued its grant program after the first year. Councilwoman Pfennighausen stated she assumes the City's intent, in applying for the grant, was to maintain an ongoing program if it is successful, unless the services can no longer be afforded; felt application would not have been made if the program wasn't needed. Mayor Grant stated the grant provides seed money to do that which a city would not normally be able to afford to do; any grant is an experiment in which the odds are that you will succeed in achieving the goal; feels it would be difficult to force a community into continuing to expend funds if a program is unsuccessful. Mayor Pro Tem Matteson questioned if any of the surrounding communities have been granted a similar award and the results. Captain Schuyler stated San Bernardino County has been exceeding its expectations by 35%. Councilman Petta stated a year from now the City could determine that it would be more beneficial to use the $40,000 to provide two officers around the clock rather than for prevention; questioned if the City would have that option. Capt. Schuyler stated the ultimate decision is up to Council at the conclusion of the grant period; the County will provide whatever services the City requests; however, the State's intent, in awarding the grant funding, is based on the premise the City will continue a successful program. Mayor Pro Tem Matteson felt additional enforcement may not be required if the City has a prevention officer. Following discussion, Motion No. CC-85-19 carried, ALL AYES. APPEAL OF PLANNING COMMISSION DECISION - BUFFER ZONE VARIANCE CUP 4- Planning Director Kicak advised that on December 3, 1984 the Planning Commission considered a variance to allow construction of an industrial building on the northerly property line of a project site Page 5- 1/24/85 located adjacent to the Southern Pacific Railroad on the northerly side of Barton Road. The Zoning Ordinance requires a 25-foot buffer zone between any residential and industrial building development. The Planning Commission denied the variance due to opposition from adjacent property owners during the public hearing. Mayor Grant opened Public Hearing. James Goode, 5970 East Marshall Circle, Anaheim, the property owner, advised he has a business in the City; is interested in building warehouses on a 2-1/4 acre site located on the north side of Barton Road, east of the Stater Bros. Warehouse; requested a variance from the required 25-foot buffer zone on the north side of the site. Exhibited maps and plans of the proposed project; stated the building will be set back three feet from the property line to allow planting Italian Cypress trees on the north side of the site to buffer noise from the warehouse; indicated Mr. Liles, adjacent property owner east of the site, and Mr. Reynolds, adjacent property owner north of the site, opposed the variance at the Planning Commission meeting; are present at this meeting, and no longer oppose the variance. Mayor Pro Tem Matteson questioned the types of businesses proposed and the amount of noise. Mr. Goode stated the property is zoned M-R; noted that all proposed businesses would be required to get a Conditional Use Permit, which would be reviewed through the Planning Commission; his business is wholesale auto parts. The use of the proposed project is for warehouses, with business hours of approximately 8:00 a.m. to 5:30 p.m.; felt the businesses would not involve noise. Councilman Evans questioned and Planning Director Kicak confirmed the only item being considered at this time is a variance from the 25-foot buffer zone as required by ordinance; the project will require Planning Commission review, and if approved, any business planning to locate at that site will be required to obtain a permit. Mr. Kicak stated this project will be submitted back to the Planning Commission for processing, and the architectural review requirements will be enforced. Mr. Liles, 21840 Grand Terrace Road, stated when the property was rezoned Mrs. Farmer requested it be approved with the condition there would be no night work. Ben Reynolds, 21850 Grand Terrace Road, property owner on the north side of the project, stated he has agreed in principle for the structure to be located within 3-4 feet of the boundary line, since Mr. Good has indicated he will plant Italian Cypress along that boundary for a buffer zone; voiced concern for the noise factor, since his residence is adjacent to the site. City Attorney Hopkins advised Council may approve or deny the appeal; if approval of the appeal is granted, Council must make certain Page6- 1/24/85 findings pursuant to Section 18.75.040 of the Municipal Code; cited that Section of the Code. Councilman Evans, referencing Para. A of Section 18.75.040 of the Municipal Code, stated he understands there have been four or five other variances of this type granted within the last two years and sees no evidence of special treatment; stated if a variance is to be granted to the 25-foot buffer zone, consideration should be given to amend the ordinance to provide for a choice of several types of buffers. Mayor Pro Tem Matteson felt a buffer zone is a safeguard to protect the residents from surrounding commercial property; felt the requirements of the buffer zone should remain as written. CC-85-20 Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to approve the appeal of the Planning Commission decision for a buffer zone variance (CUP 84-11) and making findings as outlined in Section 18.75.040 of the Municipal Code. Councilman Petta advised he was the selling agent of this property to Mr. Goode two years ago; noted that was the extent of his activity and there has been no further involvement with the property; declared a potential conflict of interest and withdrew from participation on this matter, pursuant to City Attorney Hopkins' recommendation. Motion No. CC-85-20 carried 4-0-1, with Councilman Petta abstaining. 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 (Second Reading). City Attorney Hopkins advised the present Sign Ordinance includes an amortization schedule for non -conforming signs, which expired December, 1984. Council approved a 90-day moratorium for the enforcement pursuant to the Sign Ordinance. The subject ordinance has been reviewed by the Planning Commission; reviewed the proposed amendments to the Ordinance. The Community Services Director has indicated that, with the proposed amendments, there will be approximately 15 non -conforming signs within the City. Mayor Grant opened Public Hearing. Supporting Testimony David Terbest, 22365 Barton Road, stated the Chamber went on record supporting the Sign Ordinance for the entire community, which still stands; prior to publication of the January 22 memorandum listing those signs which will continue to be non -conforming or illegal after ordinance adoption, represented to the Board of Directors that this amended ordinance would resolve most of the business problems; this is the first time this information has been provided and raises concern Page 7 - 1/24/85 and questions as to whether or not implementing this ordinance at this time would be in the best interests of the business community and whether the Chamber will still support adoption; felt more time should be allowed to consider this matter, based on the recent information provided. Opposing Testimony Gene Carlstrom, Red Carpet Real Estate, stated he has a non -conforming sign; is not opposed to the Sign Ordinance; feels the City should have a uniform sign program; requested an exception be made on his sign because it would be unsuitable in its present location and would be ineffective if modified and lowered pursuant to the Ordinance; the sign is well -maintained, costs money to alter and creates a hardship on the business; recommended further consideration; questioned and was advised a variance application costs $50.00; indicated no opposition to the fee amount. Mayor Pro Tem Matteson questioned and was advised that a business with an illegal sign can apply for a variance. Tom Tillinghast, 22667 Brentwood, stated he was on the City Council when some members went to Scottsdale, Arizona to review that City's signage and subsequently adopted a similar sign ordinance; feels it was an excellent ordinance but at times ordinances require review for possible modification to meet existing conditions; recommended delaying final action for further review of the list and specific examples now that they are identified; recommended allowing time for abatement of non -conforming signs following adoption, but objected to allowing a two-year continuance; new businesses coming into the community have not been allowed to put up certain signs while existing signs are allowed to remain illegal and non -conforming. Mayor Grant closed Public Hearing. Mayor Grant, with Councilwoman Pfennighausen concurring, disagreed with requiring removal of the Terrace Hills Junior High wall signs; felt final action on this matter should be delayed. Councilman Evans stated he researched this matter; in 1979 Council passed what it felt was going to be a model sign ordinance which indicated that the eventual elimination of signs not in conformity with the provisions of the chapter to be as important as new signs which would violate these regulations; recognizing some signs would be non -conforming, a timetable was provided; Mayor Grant and Councilman Petta voted for the 1979 Ordinance; however, Councilman Petta now declares a potential conflict of interest and Mayor Grant now indicates he doesn't want to abide by that ordinance; stated he reviewed the current January 22 list to see which businesses would incur substantial expense if the Ordinance were adopted; noted only six or seven at the most would have problems. Stated either eliminate 8D and get on with the various proceedings or leave 8D in, strike the Page 8 - 1/24/85 two-year time period and allow anything in non-conformance at that time to remain; stated he has been unable to find indication of direction in the minutes to include 8D; would like to see where direction for that item was provided. Councilman Petta declared a potential conflict of interest and withdrew from participation in this matter; noted the information Councilman Evans is requesting occurred at the last meeting of the previous Council and was primarily Mr. Nix's comments. Mayor Pro Tem Matteson stated he was concerned, when reviewing the list, that approximately nine signs would involve a significant amount of money to change; stated the signs were in compliance when established, then the City changed the rules; signs are expensive; recommended a grandfather clause for some of the signs. Councilwoman Pfennighausen stated if Red Carpet Realty is required to bring its sign into conformance, approximately nine parking spaces would have to be eliminated; the corrider would become unsafe to travel through and vandalism could occur since the sign would be so low; cited the sign at Terrace Hills Junior High School and the flags at Northcliff and Honey Ridge as examples of "nit-picking;" noted the flags draw attention to help sell property and will not remain forever. Recommended tabling the matter until a later meeting until the Chamber has had an opportunity to reconsider the Ordinance and that Council reconsider the Ordinance on a date other than February 14. CC-84-21 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, that the Public Hearing and second reading of the Ordinance amending Chapter 18.72 of the Municipal Code be continued to February 28, 1985. The Motion carried 4-0-1, with Councilman Petta abstaining. 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 MOUTAIN COURT. (ZC 85-02) (Second Reading). City Attorney Hopkins read the title of the Ordinance. Planning Director Kicak advised the first reading of this Ordinance changing the zoning of the subject area from R-1 to A-1 was approved on January 10; described the subject area as that property fronting on Blue Mountain Court, with the exception of one parcel on the southeast corner of Blue Mountain Court and Pico. Recommended adoption of the Ordinance. Mayor Grant opened Public Hearing. Page 9 - 1/24/85 Supporting Testimony Ray Farmer, 835 No. Sycamore, Rialto, indicating he has an interest in one of the parcels on Blue Mountain Court, favored the zone change; stated there are just a few remaining undeveloped parcels in that area; unfortunately one of the parcels was split prior to consideration of this zone change. The other parcels consist of at least one acre, and livestock are allowed; is one of the few remaining areas which has parcels of that size and consistency in the City; felt the zone change would protect the property owners from further division of properties in that area into half -acre or smaller parcels. There being no opposing testimony, Mayor Grant closed Public Hearing. Councilman Evans questioned if the General Plan designated all of the area on Blue Mountain as single family residential, if this was one of the areas zoned R-1 in the mass zone change, if the residents living in that area are requesting the zone change to A-1, and whether they had to pay an application fee to initiate the zone change. Mr. Kicak stated this area has always been zoned R-1. The residents favor A-1 zoning to permit them to keep animals, which is not allowed in R-1 zoning; the residents were not required to pay an application fee; stated a request for consideration of this zone change was presented to Council during a Public Hearing. CC-85-22 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt Ordinance No. 85 by title only, waiving full reading of the Ordinance. 0 Recess was called at 8:55 p.m. and reconvened at 9:13 p.m. with all members present. PUBLIC PARTICIPATION Phil Wagner, 12160 Sandburg, a resident adjacent to Wilden Pump & Engineering Company, stated approval of an expansion project for Wilden Pump included conditions to provide a wall and a barrier of Italian Cypress trees; noted many problems exist with lights, excessive noise from fork lifts, helicopter landings, the garage doors being open most of the time, and work taking place in the parking lot around the clock much of the time. Received a letter from Wilden Pump indicating there are 160 feet of common border shared by him and Wilden Pump and offering to give him either 16 one -gallon trees or $72.00 cash to satisfy the requirement; letters were also mailed to property owners on Michigan, and they accepted the cash; presented his letter and photographs of the subject area. Mr. Wagner indicated Wilden Pump was required to plant the trees 10 foot on center; was advised by a nursery the trees should be planted four foot on center for proper screening and that Norco and Corona require a minimum of 15-gallon trees for screening purposes; was required to plant 15-gallon trees when he built his house; advised Page 10 - 1/24/85 he is trying to sell his house; presented a letter he received from his realtor indicating his property value has decreased; felt one -gallon trees planted 10 foot on center is unsatisfactory. City Attorney Hopkins advised Wilden Pump & Engineering is not complying with the requirement by offering money to the residents; the condition was to provide adequate screening; felt Wilden Pump & Engineering has not complied with the conditions; advised the City may enforce the conditions. Noted that if Mr. Wagner were to take the $72.00 and sell his house, there still would be no screening and, therefore, would not be complying with the City's requirement to provide adequate screening. Planning Director Kicak stated Mr. Wagner contacted him sometime ago requesting action be taken on this matter; discussed the matter with Mr. Allen Tuck of Wilden Pump & Engineering; Mr. Tuck wrote a letter in November to each of the five property owners involved; of the five involved, four accepted the settlement offered by Wilden Pump & Engineering. Mr. Kicak stated he advised Mr. Tuck, in view of the fact that the building was being completed and ready to occupy, would allow Wilden Pump to occupy the premises because of the delay that could be caused by this problem. Allowed Wilden Pump & Engineering to occupy the premises since four of the five property owners had accepted the offer of Wilden Pump and issued an occupancy permit pending resolution of this problem. Mayor Pro Tem Matteson questioned and City Attorney Hopkins confirmed that Wilden Pump is still liable for complying with the screening requirement, even though the occupancy permit has been issued; Mayor Pro Tem Matteson recommended the Planning Director contact Wilden Pump & Engineering in an effort to resolve the problem. Mr. Wagner stated he had sent a certified letter to Wilden Pump & Engineering indicating the offer was unacceptable. Mr. Kicak stated the size of the trees was not specified in the requirement; questioned what Mr. Wagner would consider as acceptable. Mayor Grant felt the one -gallon trees would not be satisfactory in accomplishing the intended purpose. Councilman Petta recommended that the Planning Director prepare a sketch indicating the intent of the Planning Commission in requiring the screening of the two properties, showing the size of the trees and the distance in between, and request Wilden Pump & Engineering to comply. Mayor Grant questioned what Mr. Wagner felt would be adequate; Mr. Wagner stated he felt 15-gallon trees, his requirement when he built his house, placed four foot on center, as recommended by the nursery, would be fair. Mayor Grant questioned whether Council concurred with Councilman Petta's recommendation and whether Mr. Wagner's statement should be included in the recommendation to Wilden Pump & Engineering through the Planning Director. Council indicated concurrence; Mayor Grant advised Staff has its direction. Page 11 - 1/24/85 MISS GRAND TERRACE PAGEANT Debbie Norris, P.O. Box 11168, Colton, a member of the Colton/Grand Terrace JayCees, advised she is anticipating approval of a "Miss Grand Terrace Pageant" to be held in May in the City. Mayor Grant indicated he felt this was an excellent idea. DRAINAGE - TERRACE HILLS JUNIOR HIGH BASEBALL FIELD A Commission & Committee Report dated January 17 requesting action on this item was provided. Council requested confirmation of whether Engineering plans exist to build a drainage system; questioned the cost and whether this falls under the agreement of taking corrective action, since this on school property. City Engineer Kicak advised the corrective action required would be grading and directing the water off the field into the street; would not exceed $1,000; could be accomplished in conjunction with other work proposed for that area. Community Director Anstine advised the School District is not anxious to correct the problem and has no problem with the City taking corrective action; Grand Terrace residents and City leagues would derive the greater benefit, since the junior high school uses the ballfield very little. CC-85-23 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to authorize the City Engineer to proceed with the correction of the drainage problem at Terrace Hills Junior High ballfield. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Councilwoman Pfennighausen requested that the Minutes of January 7, 1985 be corrected to indicate Mr. Fletcher's first name as "Ron" rather than "Warren;" noted the first two paragraphs of the minutes were not legible; indicated the minutes reflect exciting things are happening on the Committee. CITY ATTORNEY REPORT Councilman Evans stated he was furnished an excellent manual when he attended the New Mayors and Councilmembers Conference which contains a section dealing with personal liability of councilmembers and cites a United States Supreme Court decision in which a councilmember, through offical action, deprived a certain individual of certain rights, and thus may be liable for damages of civil rights. Questioned whether Council, if it voted down a zone change which would bring zoning into conformance with the General Plan, could be sued individually. City Attorney Hopkins advised he did not see how denying a zone change, even without reason, could be construed to be a violation of the Civil Rights Act; action could be brought against the City for failure to comply with the General Plan, but didn't feel any personal liability would be involved. Page 12- 1/24/85 Mayor Pro Tem Matteson questioned and City Attorney Hopkins confirmed that Council has liability insurance. City Attorney Hopkins requested that the City obtain a copy of the manual referenced by Councilman Evans. COUNCIL REPORTS Councilman Evans reported the following: (1) Stated has noticed that many communities have lapel pins; recommended considering this for Council and staff members. Mayor Grant and Councilwoman Pfennighausen indicated concurrence with the recommendation; (2) Stated he received a letter from the Wunners regarding their position on the proposed zoning for Area 11; they also contacted him regarding their property at the corner of Grand Terrace Road and Vista Grande Way consisting of R-1 zoning on 3-1/2 acres; they were advised that if they were to sell their property, the new owners would not be permitted to keep livestock or horses. They currently have horses on their property, which would be a selling factor. Most of their land is unavailable for further development due to the Feather River Aqueduct and highlines cutting through the property. Questioned if consideration could be given to taking action on this property similar to that being taken in the Blue Mountain area due to the size of the lots and the potential for development whereby horses could remain if the property were sold or consider an amendment to permit horses in R-1 zoning on lots of a particular size. City Attorney Hopkins stated the property would become non -conforming in use if sold. Councilwoman Pfennighausen stated she also discussed this matter with the Wunners and discussed possible alternatives with the Planning Director and Community Services Director; estimated approximately half of that parcel is unavailable for development due to the high tension lines and the aqueduct; recommended considering a zone change which would allow the continued use of the land as presently being used in the event the land were to be sold; disagreed with amending the R-1 standards. Planning Director Kicak stated he believes most of the parcels in the area of Vista Grande are generally one acre or larger. The Edison easement through there is approximately 300 feet wide, rendering the back portion of those lots unusable. Stated he would need to discuss this matter with the City Attorney; felt problems could be created if the City were to permit animals on any lot that has a minimum lot size. Based on the recommendation of Councilwoman Pfennighausen and Council consensus, the Planning Director will prepare a map identifying the parcels of one acre or larger showing the impact of the Edison easement and the aqueduct and will indicate those parcels which have animals for the area dicussed. City Attorney Hopkins cited Section 18.63.01 which provides that the lawful use of land existing at the time of the adoption of the Page 13- 1/24/85 Ordinance may continue even though it does not conform to the regulation until such time that use ceases. In that event, the subsequent use of the land must conform to the regulations. Councilman Petta advised there is an area of approximately six feet on the ehas nolm, east of Dos sidewalk, posingiassafetyethe hazard; ecommoro t of endedthe beginsns,, which matter be investigated. Mayor Pro Tem Matteson reported the following: (1) Felt the New Mayors and Councilmem ers Conference he and Councilman Evans attended was excellent and very educational; enjoyed meeting councilmembers from the surrounding cities; felt establishing these contacts will provide the City with a good source of information; discovered the City's problems are not unique; (2) Requested that the Community Services Director provide the Code number for each violation cited on the January 22, 1985 Memorandum relating to sign code violations. Mayor Grant reported the following: (1) Is aware the final decision is up to the City Manager, but would like to see the staff members wear their name badges when they are outside of City Hall representing the City; (2) Represented the cities at the LAFC meeting on January 16; (3) The newly -formed Board of Directors of Theatre On The Terrace held its first meeting; felt it was a good meeting and they are well on their way to resolving problems; wished them the best; (4) Encouraged all Councilmembers to attend the Economic Redevelopment Workshop on January 31; (5) Felt Council should avoid placing staff members in an awkward position by requesting that Staff take any action which would have even a minor bearing on the functions of the City; noted this doesn't include requests for data and information to assist a Councilmember in doing a better job; cited, as an example, Councilman Evans presenting his recommendation for lapel pins to the Council; felt that was the proper method for action to be taken. Recommended against Councilmembers politicizing those people who are volunteers and on the payroll. Mayor Pro Tem Matteson stated one of the items stressed at the New Mayors and Councilmembers Conference was the chain of command and the fact that too many chiefs cause confusion. It was stressed that everything should be directed to the City Manager. (5) Referenced a second letter from Mr. Teorey indicating continued concern with the parking problems in the alley between Mt. Vernon and Holly; questioned if staff had investigated this matter as requested by Council. City Manager Armstead advised the code enforcement staff member and the Sheriff investigated the matter. The deputies are patrolling the alley more often, and any violations will be cited. City Attorney Hopkins advised the City has never accepted the alley for maintenance, but it has been dedicated. Councilman Evans questioned and City Attorney Hopkins advised parking in the alley can be enforced since it is a public right-of-way. The Community Page 14 - 1/24/85 Services Director advised a resident in that area is very knowledgeable of the City's parking limitations and rotates his vehicles prior to the expiration of the 72 hours. Councilwoman Pfennighausen advised a similar situation exists on Willet. Mayor Pro Tem Matteson stated he requested investigation of diesel trucks parking over eight hours on Michigan, and whether it is prohibited. City Attorney read Section 10.16.020 of the Municipal Code indicating an eight -hour parking limitation for commercial vehicles or trucks having a load capacity of more than one ton in a residential zone. Councilman Evans felt there is a question as to whether that area of Michigan is commercial or residential. (6) Acknowedged receipt of a proposal from the Bear Security Patrol Services for a supplemental guard system of public buildings. BID AWARD - ANNUAL CIVIC CENTER/LIBRARY JANITORIAL SERVICES Community Services Director Anstine advised that on January 17 the City Clerk received and publicly read proposals received from nine firms to provide janitorial services to the Civic Center Complex as listed in the Staff Report on this matter, with the low bid being $1,066.00 a month, which includesd $155.00 for the Library, from the firm of Accurate Janitorial Services, Inc.. A background check was conducted on Accurate Janitorial Services, Inc.; they currently are working for the City of Riverside, Southern California Gas Company, and Security Pacific Bank, all giving high recommendations. Recommended awarding the janitorial services contract to Accurate Janitorial Services, Inc., with the contract to be effective the first day of occupancy of the Civic Center. Councilwoman Pfennighausen questioned whether the City will be paying the maintenance cost for the Library and whether the utility costs have been negotiated with the County. The Community Services Director advised he is presently preparing a lease agreement between the City and the County; will try to determine what they think 3,500 square feet of the building will consume energywise. Stated if Council wants the maintenance cost included in the lease agreement for payment by the County for maintenance services, recommended it be stipulated the County pay the City for our custodian to do the services, rather than the County having a separate maintenance service. Councilwoman Pfennighausen recommended, with Council concurring, that the maintenance cost be included in the lease with the County. CC-85-24 Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem Matteson, ALL AYES, to award the janitorial services contract to Accurate Janitorial Services, Inc. for the amount of $1,066.00 a month, which includes $155.00 a month for the maintenance of the Library, with the contract to become effective on the first day of occupancy of the Civic Center. Page 15 - 1/24/85 COMMUNITY ROOM POLICY/FEE SCHEDULE Community Services Director Anstine advised a proposed Civic Center Use Policy and Fee Schedule has been presented for Council 0 consideration; requested specific guidance regarding this policy. Councilman Evans opposed charging for the use of the facilities, since this is a community facility; feels the residents are incurring that cost in the taxes coming into the community; recommended considering a future review for a possible fee schedule if it becomes apparent excessive costs are being incurred. Voiced opposition to the section regarding alcohol; stated he knows from experience anytime you have alcohol on the premises, it has the potential of creating problems; would oppose the use of alcohol on the premises of a public building; recommended elimination of that section. Mayor Pro Tem Matteson felt the proposed policy was well written; recommended accepting the policy as written and amending at a later date if needed. Concurred with the fee schedule as proposed, since staff will be required to be present. Felt light alcohol beverages should be permitted. Has attended many functions and has seen no problems occur. CC-85-25 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to approve the Policy and Fee Schedule for the Civic Center as written. Councilman Petta questioned if a refundable deposit will be required to ensure proper maintenance of the facilities; felt if one is required more effort will be made to leave the premises in their original condition. Community Services Director Anstine advised procedures for deposits will be established and maintained through the Finance Department. Motion No. CC-85-25 carried 3-2, with Mayor Grant and Councilman Evans voting NOE. Closed Session - Council recessed to a Closed Session at 10:29 p.m., with ity ttorney Hopkins in attendance and City Manager Armstead in attendance at a later period. Reconvene - The regular meeting reconvened at 11:52 p.m. with all members present. Mayor Grant announced that Council met in Closed Session to discuss a personnel matter and to confer with the City Attorney on matters of potential litigation dealing with contractual liability. No decisions were made relative to the issues of litigation. City Attorney Hopkins advised that, in the Closed Session, Council gave direction to the Mayor regarding personnel matters that were discussed in Closed Session regarding the performance of an employee of the City and also gave direction to the City Attorney to gather certain material for review of personnel matters at the next Council meeting. Page 16 - 1/g4/85 Adjourn - The regular meeting adjourned at 11:55 p.m. The next reg meeting will be held February 14, 1985, at 5:30 p.m. 0 Respectfully submitted, i ty rk "211t2 APPROVED: Mayor Page 17 - 1/24/85