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02/11/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 11. 1982 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 February 11, 1982, at 6:05 p.m. PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Jim Rigley, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Brian Esgate, Engineering Staff Myrna Erway, City Clerk ABSENT: Joe Kicak, City Engineer The meeting was opened with invocation by George Arzoo, followed by the Pledge of Allegiance, led by Howard Ellis. ITEMS DELETED FROM AGENDA 4 - Pacific Telephone Presentation ITEMS ADDED TO AGENDA 7C - Workshop and Council Meeting Hours 4 - Closed Session APPROVAL OF MINUTES (1/28/82) CC-82-29 Following discussion and correction, Motion by Councilman Rigley, Second by Councilman Grant, ALL AYES, to approve the Minutes of January 28, 1982, as amended. CONSENT CALENDAR The following item was removed from the Consent Calendar: 3E - Resolution No. 82-09 CC-82-30 Motion by Councilman Grant, Second by Councilman Petta, ALL AYES, to approve the following items on the Consent Calendar: A - Check Register No. 021182. Page one - 2/11/82 B - Authorize Request for Bids for Street & Storm Drain Maintenance Contract. C - Authorize Request for Bids for Construction of Restroom Facilities - Terrace Hills Community Park. D - Authorize Request for Bids - Electrical Rehabilitation of Community Center. F - Approve membership renewal for California Association of Parks & Recreation for the Parks & Recreation Committee. January 1, 1982, through December 31, 1982 - $50.00. RESOLUTION NO. 82-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA CONDEMNING THE REPRESSION OF THE POLISH PEOPLE BY THEIR GOVERNMENT AND ARMED FORCES. CC-82-31 Motion by Councilman Grant, Second by Councilman Rigley, ALL AYES, to adopt Resolution No. 82-09 as amended to include "and the Soviet Union," and that the Resolution be forwarded to the appropriate officials of the United States Government. CLOSED SESSION Council adjourned to a Closed Session at 6:12 p.m., with City Manager Armstead, Ray Robles, George Arzoo, Brian Esgate, City Attorney Hopkins. and Virginia Farmer in attendance. 0 RECONVENE The regular City Council meeting reconvened at 7:08 p.m., with all members present. The Mayor stated Council had been meeting in Closed Session for discussion of matters pertaining to litigation, and no actions were taken. ORDINANCE NO. 57 (Second Reading) City Attorney Hopkins read the title of the Ordinance. Mayor Tillinghast opened Public Hearing, and there being no testimony given for or against the matter, the Mayor then closed Public Hearing. CC-82-32 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to adopt Ordinance No. 57 by title only. RESOLUTION NO. 82-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, IMPLEMENTING DIRECTIONAL SIGN PROVISIONS PURSUANT TO SECTION 23.170 5A AND 5H OF ORDINANCE NO. 57 0 Page two - 2/11/82 Following the reading of the title of the Resolution by City CC-82-33 Attorney Hopkins, Motion Grant, ALL AYES, to adopt by Councilman Petta, Second Resolution No. 82-10. by Councilman ORDINANCE NO. 58 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING ZONE CHANGE FROM A-1-5 AND R-1 TO PUD ON LOCATION GENERALLY AT THE S/E CORNER OF HONEY HILL DRIVE AND PALM AVENUE, ZONE CHANGE NO. 82-01. City Attorney Hopkins read the title of the Ordinance. Mayor Tillinghast opened Public Hearing. Supporting Testimony Mike Stewart, 23376 Westwood Drive, stated he had nothing further to add to his statements made at the meeting of January 28, 1982. Opposing Testimony Terry MacRae, Orinda, California, stated he disagreed with the Findings as stated for the Zone Change in that he felt adoption of the Zone Change would be detrimental to the health and safety, and would be injurious to his welfare and to the property which he owns. Denis Kidd, 22874 Pico Street, voiced concern regarding the future of the present road going up the mountain. Rebuttal Mike Stewart, 23376 Westwood Drive, the applicant of the proposed development, stressed that currently there are no legal easements on the mountain, and stated that Council's action in granting the proposed subdivision would not in any way affect the property owners' legal remedy to acquire an easement. Mayor Tillinghast closed the Public Hearing. CC-82-34 Motion by Mayor Tillinghast, Second by Councilman Nix, to adopt Ordinance No. 58 by title only. Following clarification that approval of this Zone Change has no bearing on the issues regarding easements or rights -of -way, the Motion carried unanimously. TENTATIVE TRACT MAP 10969 Virginia Farmer, Planning Director, stated that a meeting was held with the affected parties as directed by Council, with nothing being resolved at that meeting. Stated staff recommends adding a condition with respect to the subdivision, and asked the City Attorney to state the condition. Page three - 2/11/82 City Attorney Hopkins stated, since it is possible litigation could be brought against the subject property involving a prescriptive easement, the Developer, Mike Stewart, has agreed to an agreement which would indemnify and hold harmless the City of Grand Terrace as to any legal action regarding, involving, or arising from prescriptive easement access rights. Mayor Tillinghast opened Public Hearing on this matter continued from the January 28 meeting. Supporting Testimony Mike Stewart, 23376 Westwood Drive, spoke in favor of approving the Tentative Tract Map, and offered to answer any questions. Opposing Testimony Denis Kid, 22874 Pico Street, stated he owns the property on the top of the Mountain on which Acton Cable TV is located. Mr. Stewart indicated he would allow no easement; feels having Cable TV on top of the mountain is an asset to the City and gives the City bargaining power with other Cable TV companies; feels the road is an asset to the City for fire protection; and concerned it will no longer be maintained should the Cable TV Company no longer exist there; concerned this development will exclude further development. Terry MacRae, Orinda, California, stated Mr. Stewart's position is to grant no legal easements; he has used the existing roadway for at least 20 years, and feels his property will be worthless if there is no access to it. Stated his recommendation to utilize the fire access service road for service vehicles was rejected by Mr. Stewart. Feels Council could use discretion in approving or disapproving the Tract, and recommended working out a suitable compromise which would be mutually agreeable to all the affected parties. John Hills, representing Southern Pacific Communications Company, Burlingame, California, stated his Company has an option on Mr. MacRae's property. The Company provides long distance telephone service, and is willing to compensate Mr. Stewart. Feels his Company provides a vital service and requested an equitable solution. Rebuttal Mr. Stewart stated use of the existing road for fire equipment would be impossible due to the steep grade; the only legal recorded easements which currently exist are with Riverside Cable TV, Southern California Edison Company, and Pacific Telephone Company. Is willing to grant private, but no commercial easements. Stated he has offered indemnification to the City, since approval of the development of this Tract does not restrict any legal options the affected property owners may have. 0 Mayor Tillinghast closed Public Hearing. In discussion, Council noted that this development will not preclude access to the mountain for all emergency vehicles, that approval of the Tract neither grants or denies access, and that making access a condition of approval of the Tract places an ultimatum on the developer to satisfy the demands. CC-82-35 Motion by Councilman Nix, Second by Councilman Rigley, to adopt the focused EIR pursuant to the provisions of the California Environmental Quality Act; and approve tentative Tract Map 10969, based on the material in staff presentation and report and the testimony received, subject to the conditions as listed in Staff Report dated January 14, 1982. In discussion, Council questioned and received confirmation from the City Attorney that approving this Tract does not restrict any individual's legal rights and the City does not have the ability to take away legal rights which may exist. This action will not affect any recorded or unrecorded easements which may exist. Following discussion and clarification, the Motion carried unanimously. Recess was called at 7:55 p.m., and reconvened at 8:07 p.m., with all members present. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Feels sufficient information has been provided to Council for a decision on the location of the playground equipment; (2) Introduced the Committee Members; (3) Recommended that Council request the resignation of Johnny Sanders, due to non-attendance of meetings. Mayor Tillinghast, with concurrence of Council, requested staff to contact Johnny Sanders regarding his resignation from the Parks & Recreation Committee. PLAYGROUND EQUIPMENT Mayor Tillinghast reviewed staff recommendations, which included establishment of nine 36" Box trees around the playground equipment, installation of a chain link fence along the northern boundary of the park site, installation of sand under the playground equipment, and working with the County Environmentalist in an effort to develop other means of controlling noise. Randy Anstine, Community Services Director, stated the cost of moving the equipment had been estimated at $9,000, and the San Bernardino County Environmental Department had advised they felt moving the equipment 50 - 85 feet would not affect the noise level. Page five - 2/11/82 Brian Esgate, Engineering Staff, stated an estimate received for 36" Box trees was $450 per tree, and recommended requesting bids. Gale Drews, 22740 DeBerry Street, disagreed with the cost estimate to relocate the equipment and that moving the equipment would not affect the noise level. Agreed with planting trees, if placed to hide the equipment; recommended installing a fence for safety and placing the restroom facilities at the southwest corner of the parking lot. CC-82-36 Motion by Mayor Tillinghast, Second by Councilman Grant, ALL AYES, to authorize staff to obtain and install sand under the existing playground equipment. CC-82-37 Following discussion of concern for the children's safety, Mayor Tillinghast directed staff, with concurrence of Council, to look into the safety of the equipment, which is not necessarily confined to the design or any other area, and to make a report back to Council at the earliest convenient date. Council discussed placing a 52" high green chain link fence along the northern boundary of the park site, at an estimated cost of $1,200. Dick Rollins, Parks & Recreation Chairman, clarified his previous statement regarding the Lions Club offer to purchase the fence, stating the Lions Club does not presently have funds for this project and is taking the matter under advisement. Motion by Councilman Petta, Second by Councilman Grant, that, since there is an immediate need for placement of a fence in that location and, since the Lions Club has already donated the two fences in that vicinity, to authorize the appropriation of funds and install a chain link fence as soon as possible. Following clarification from Finance staff that $2,500 is available in the existing budget, which would cover the cost of the fence and the sand, the Motion carried unanimously. Following Council discussion regarding placement of trees at the park site relative to the availability of funds and the possibility of purchasing 24" Box trees, rather than 36", Mayor Tillinghast, with concurrence of Council, directed staff to report at the next Council meeting regarding alternatives and financing approaches for the purchase of trees. Mayor Tillinghast, with concurrence of Council, directed staff to work with the County Environmentalist in an effort to develop other means of controlling the noise at the park site and to submit recommendations to Council. Councilman Petta questioned the status of the Bicycle Motocross. City Manager Armstead stated that, since no parking area is available at the present Motocross site, the Parks & Recreation Committee was requested to give consideration to another site I Page six - 2/11/82 located at the end of Van Buren recommended informing the public Motocross site will be completed CRIME PREVENTION COMMITTEE Street. Councilman Petta of the site change, and that the in 1982. Chairperson Judy Rinderhagen reported the following: (1) A Crime Victims Seminar will be held February 24 in the San Bernardino Convention Center regarding the effects of crimes on the victims and the witnesses; a full report on this subject will be presented by a Committee member in March; (2) Will be attending a Lock & Key Exposition in Los Angeles. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE Chairman John McDowell reported he visited the Fashion Island Shopping Center at Newport Beach and audited its six major stores. Also visited the Velvet Turtle and the Spires restaurants in that vicinity. A report will be submitted. Stressed the importance of proceeding with economic development. CC-82-38 Motion by Councilman Grant, Second by Councilman Petta, ALL AYES, to appoint John Lotspeich to replace Kathy Harmon on the Economic Development Advisory Committee. BUILDING MORATORIUM WAIVER CC-82-39 Motion by Councilman Grant, Second by Councilman Nix, ALL AYES, to approve an individual waiver of the building moratorium for Inland Timber Company to allow construction of a pre-fab metal shed. STREET TREE TRIMMING & REMOVAL POLICY Mayor Tillinghast stated that staff has requested clarification of this policy, specifically regarding a property owner's request for the City to remove a large, old tree which is dying and has termites, based upon the danger to the City street and the motoring public. The trunk of the tree is located partially within the City right-of-way and partially on the property owner's property. In discussion, Council clarified that the present policy should be maintained, whereby staff and Engineering determine the priority list for removal of problem trees which are damaging sidewalks and curbs; clarified that trimming and removal of street trees is not a legal responsibility of the City. CC-82-40 Motion by Councilman Nix, Second by Mayor Tillinghast, ALL AYES, to direct staff to continue the present Street Tree Trimming Policy and to extend the interpretation of emergency actions to include all problems with trees which are in or interfaced with the City right-of-way, whether or not they are sidewalk related. Page seven - 2/11/82 CC-82-41 RESOLUTION NO. 82-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 81-06 AND ESTABLISHING THE DAY AND TIME OF CITY COUNCIL MEETINGS. Council considered the alternatives of eliminating the work sessions or holding work sessions only when specifically needed, such as budgetary matters, and reached a concensus to hold one hour work sessions, with a selective agenda, leaving matters of keen public interest to be discussed during the regular session. Motion by Mayor Tillinghast, Second by Councilman Nix, ALL AYES, to adopt Resolution No. 82-11. CITY MANAGER REPORT City Manager Armstead reported the following: (1) stated AB 1743 (Ryan) was voted favorably to the Finance Committee. The new sponsor of AB 1743 is Assemblyman V'icencia. Stated 21 votes will be needed to pass this legislation, and recommended that Council, the Chamber of Commerce, and other civic organizations contact Senator Ayala and members of the Committee. Mayor Tillinghast stated a resolution of support has been forwarded; with concurrence of Council, directed staff to contact the Chamber of Commerce and other civic organizations regarding this matter, and urged other members of Council to call Senator Ayala and other members of the Committee. (2) Stated the San Bernardino Municipal Water District will sell, at a cost savings, 120 shares of Riverside Highland Water Company stock, and requested direction from Council. CITY COUNCIL REPORTS Councilman Petta reported he represented the Mayor at the Zone 2 San Bernardino County Flood Control District meeting on this date. There are no funds for the maintenance of the existing channels, or for the construction of new channels. Proposals were discussed to establish development fees to finance new construction in all unincorporated areas in the County and to establish a minimal County -wide assessment per parcel to fund the maintenance. Discussion of these proposals will be continued at a meeting to be held the first Thursday in May. Councilman Petta stated he was advised that the San Bernardino Valley Municipal Water District is seeking a candidate to represent this area; requested names of candidates be submitted to the City Manager by February 15.. Councilman Grant reported the following: (1) The Riverside County Board of Supervisors denied the appeal of the Volunteers of America to permit establishment of a pre-release facility in the Highgrove area. Mayor Tillinghast noted that he attended the Riverside Board of Supervisors hearing also, and that Councilman Grant represented the City well in this matter. (2) Attended the Omnitrans and SANBAG meetings on January 6 and February 3. 11� Page eight - 2/11/82 Mayor Tillinghast reported the following: (1) Has been appointed as the League of California Cities Citrus Belt representative and requested authorization to attend a meeting in Burlingame February 18 to plan the next annual meeting of the League of California Cities. CC-82-42 Motion by Councilman Grant, Second by Councilman Petta, ALL AYES, to authorize Mayor Tillinghast to attend a planning meeting in Burlingame, California, for the League of California Cities. (2) Recommended the Minutes be prepared in an abbreviated format, with a very short description of action taken. Council concurred. (3) Commended Community Services Director Randy Anstine on the format of the Community Assessments Survey results for questions eight and nine, and hopes to discuss the matter with Council in the near future. CC=82=43 Motion by Mayor Tillinghast, second by Councilman Rigley, ALL AYES, that in the future all public hearings will be scheduled for 7:30 p.m. unless specific action is taken by Council to have it at another time. d� 1 ., PUBLIC PARTICIPATION Barbara Pfennighausen, 12364 Pascal, reported that funds have been received to place Blue Dots adjacent to all fire hydrants in the City; presently working to obtain an additional 400 Blue Dots for replacement purposes. Dick Rollins, 22700 DeBerry, stated that on February 7, at the Terrace Hills Junior High School playground, some children were attacked by a pack of dogs; requested enforcement of the leash law. Ken Rinderhagen, 12738 Wilmac, stated that Larry Halstead, owner of Accent Print Design, is preparing a Grand Terrace business directory, and recommended Council consider a joint effort with Mr. Halstead to produce a City directory, to include all service clubs, churches, schools, etc. Larry Halstead, 21894 Vivienda Avenue, owner of Accent Print Design, advised Council there is a lack of awareness on the part of the community as to the various types of businesses in the community, and stated this is the purpose of the business directory. Had planned to print at his own cost, approximately $2,000, with some of the cost to be defrayed by business advertisements. Feels expansion of the directory would double the cost, and requested financial assistance. Councilman Nix stated he feels the present City businesses should receive primary focus by the Economic Development Advisory Committee, and have not, to date. Page nine - 2/11/82 Council indicated a written proposal, to include a sample format, would be necessary prior to Council action, and recommended Mr. Halstead meet with City staff. Mayor Tillinghast stated the LAFC has two openings for city members, one regular and one alternate; requested direction from Council regarding the City nominating a candidate. Council concurred that Councilman Grant should be the City's nominee as a regular member on the LAFC. ADJOURN The City Council meeting adjourned at 10:28 p.m. The next meeting will be February 25, 1982, at 6:00 p.m., following a Public Work Session at 5:00 p.m. Respectfully submitted, ity Cl k APPROVED: Page ten - 2/11/82 D