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05/27/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MAY 27. 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 May 27, 1982, at 6:46 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, Deputy City Clerk ABSENT: Myrna Erway, City Clerk The meeting was opened with invocation by Lucille Hays, Grand Terrace Assembly of God Church, followed by the Pledge of Allegiance, led by Mayor Grant. CONSENT CALENDAR The following item was removed from the Consent Calendar: A. Check Register 052782 CC-82-116 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the following items on the Consent Calendar: B. Continue Public Hearing set for May 27, 1982, to June 9, 1982, for approval of Tentative Tract Map 12218. Applicant: J. B. Karger. C. Continue Public Hearing and Second Reading set for May 27, 1982, to June 9, 1982, for the Ordinance relating to the Consolidation of Municipal Elections. D. Set Public Hearing for June 9, 1982, at 7:30 p.m. to consider appeal of J. B. Karger regarding Site and Architectural Development Plan 82-6. 3E - RESOLUTION NO. 82-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING SAN BERNARDINO COUNTY ARTS PLAN AS PREPARED BY THE SAN BERNARDINO COUNTY ARTS LEAGUE. Page one - May 27, 1982 CHECK REGISTER 052782 CC-82-117 Following clarification of Warrant No. 10068, Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to approve Check Register No. 052782 as submitted. 0 PROCLAMATION - PARKS & RECREATION MONTH - JUNE 1982 Mayor Grant read and presented to Dick Rollins a Proclamation proclaiming the Month of June as "Parks & Recreation Month." CERTIFICATE OF SERVICE - FRANK TETLEY Mayor Grant read and presented to Frank Tetley a Certificate of Service in appreciation of his service on the Planning Commission. Frank Tetley thanked Council; stated he feels Virginia Farmer is doing an excellent job as Planning Director and that Grand Terrace has a great reputation. ALCOHOLIC BEVERAGE LICENSE APPLICATION RECONSIDERATION - NABIH AKAR Frank Tetley, on behalf of the Chamber of Commerce, stated the Chamber is not taking a position on the request for reconsideration of an application by Nabih Akar for an Alcoholic Beverage License. However, felt the City's policy for restrictions should not be any more strict than the State's; that each business should be allowed to expand. John McDowell, a member of the Chamber of Commerce, spoke in support of Mr. Akar. Nabih Akar, 22087 Barton Road, addressed Council noting the improved appearance of the station under his ownership and stated he plans to convert the garage to a mini market, provided he is issued a license to sell beer and wine. Was told by the State Alcoholic Beverage Commission the City had requested that he not be issued the license. Mr. Akar stated his attorney advised him the City could not reject the license, and City Attorney Hopkins had stated that the property could be put to any use, provided it is zoned for it. Mr. Akar requested the Council leave the decision to the ABC. Council stated the proximity to the Elementary School was the primary reason for its Resolution requesting denial of the license. Council concurred that the sale of alcoholic beverage would, however, be more of a threat to those patronizing the skating rink than the Elementary School children, due to the age of the school children. Questioned the responsibility of individuals who would attend the mini market. Also questioned plans for the management of litter. Mayor Grant stated he is one of the members initially requesting action for denial of the license; stated he is not against free enterprise, noting his support for projects relative to economic development. Mayor Grant, as a matter of principle, Moved that a resolution be sent to the State Alcoholic Beverage Commission requesting the rejection of an Alcoholic Beverge License to Mr. Akar. The Motion died for lack of a Second. �l CC-62-118 notion by Councilman Nix, Second by Councilwoman Pfennighausen, to direct a letter be sent to the ABC stating that, based on new testimony and input from the Chamber of Commerce, this Council does not oppose Mr. Akar's application for an Alcoholic Beverage License. City Attorney Hopkins clarified that this action is necessary in order to change Council's position in the Resolution initially requesting denial. Councilman Petta requested it be noted that Mr. Akar has expressed his intention to keep the premises clean and would personally be in attendance at the mini mart, so that Council can respond to any adverse comments from citizens should they occur. Following discussion, the Motion carried 4-1, with Mayor Grant voting NOE. Recess was called at 6:58 p.m., and reconvened at 7:14 p.m., with all present. PUBLIC PARTICIPATION The following individuals addressed Council: Dick Rollins, 22700 DeBerry; John McDowell, 22690 Cardinal. COMMISSION & COMMITTEE REPORTS PLANNING COMMISSION r Commissioner John McDowell reported on Affordable Housing and the economic status of businesses. PARKS & RECREATION COMMITTEE Dick Rollins, Chairman, reported the following: (1) The Committee hoped to have the opening day ceremonies for Terrace Hills Community Park in June - "Parks & Recreation Month" - felt Staff and/or Council should be responsilbe for establishing that date. Outlined work needing completion prior to opening ceremonies; (3) Committee recommends September 11, 1982, for the date of the annual City picnic, rather than July 4. ENERGY COMMITTEE City Manager Armstead reported on an Energy Recovery Systems Pre -Packaged Hydroelectric Power Plant he viewed that date in Costa Mesa, which allows cities to sell surplus energy to SCE. REVENUE/COST ALLOCATION SYSTEM The City Manager stated that, by direction, Staff had solicited and received proposals from additional firms for the Revenue/Cost Allocation System, and a Staff committee has reviewed and evaluated all proposals. The Finance/Administrative Services Officer then outlined Staff recommendations and introduced Mr. Lee Weber, of Management Services Institute. Page three - 5/27/82 Council discussed the benefits of the system and questioned what services would be a total system to provided. Mr. restructure Weber stated the accounting his and firm would provide funding systems which would give information and total costs for establishing policy for setting fees for service. Council commended the Staff presentation for this meetinv in relation to the previous. CC-82-119 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to approve the Mayor executing a letter of acceptance of the MSI proposal and the approval of a non -departmental line item titled 604 Revenue/Cost Allocation Project, in the amount of $10,000, for funding this Contract in FY 82/83. CC-82-120 Following discussion, the Motion carried, ALL AYES. STORAGE OF RECREATIONAL VEHICLES ON CITY STREETS - ORDINANCE NO. 19 The City Manager referenced a citizen protest at the January 14 meeting regarding Ordinance No. 19 regulation pertaining to storage of vehicles on City streets. Stated that, after contacting neighboring cities and the Sheriff's Department, Staff recommends no changes to the current Ordinance. Following discussion regarding the loading and unloading time required for recreational vehicles, Council directed Staff to prepare and bring to Council a revised Parking Ordinance for its consideration, which would allow 72 hours, rather than eight hours, for the parking of recreational vehicles on City streets. The eight hour limit for commercial vehicles over one ton to remain unchanged. FY 1982/83 BUDGET Following discussion, it was decided to continue the Joint Public Workshop Budget Sessions. BUSINESS LICENSE APPEAL - MARY RICHE SCHOOL OF DANCE Mayor Grant reviewed a letter received from Mary Riche Moore, of Mary Riche School of Dance, in which she appeals being charged business license back charges; stated she was not notified of the business license requirement until last March. Council discussed setting precedence by its action; questioned whether records substantiate that the business had previously been notified, feeling that the City is not justified to impose penalties otherwise. Attorney Hopkins advised there are many small businesses that are not aware that a business license is required, and most cities are not aware of all businesses within their community. Motion by Councilman Rigley, Second by Councilman Nix, to approve the appeal of the Mary Riche School of Dance. 0 5/ 7/82ur - In discussion Council recommended Staff change its procedure for detecting businesses within the City; noted it is only concerned that all businesses have a business license, and does not wish to impose penalties. Following discussion, the Motion carried, ALL AYES. RED CURB PAINTING - 22596 KENTFIELD The City Manager stated that the resident at 22596 Kentfield had received warnings and two tickets for parking too close to a hydrant in front of his house; that the Sheriff's Department and the resident have agreed that painting the curb red from the shoulder of the curb cut to a distance of five feet west of the hydrant would be a workable arrangement. Following questions regarding whether the red curb changes the legality of distance for parking from a hydrant and whether all curbs adjacent to fire hydrants throughout the City would be painted red, it was clarified that this arrangement was agreed to by the Sheriff's Department and that resident to allow that resident to park in front of his home. CC-82-121 Motion by Councilman Rigley, Second by Councilman Petta, to direct Staff to paint the curb red at 22596 Kentfield from the shoulder of the curb cut to a distance of five feet west of the hydrant. Following discussion, the Motion carried, ALL AYES. GENERAL PLAN AMENDMENT AND ZONE CHANGE REQUEST - GRAND TERRACE ROAD AND VIVIENDA The Planning Director advised that an application had been received for a zone change to allow a meat processing plant to be located in the area of Grand Terrace Road and Vivienda. The applicant was advised of a problem at that location which would require him to furnish a costly Focused Environmental Impact Report. The applicant questioned whether the City could accomplish the zone change, so that he wouldn't be charged any fees. Mrs. Farmer stated Staff does not recommend Council consider the General Plan Amendment and Zone Change as the City would have to pay for the Focused EIR and is not certain that property could be developed as M-2. Council questioned whether the zone change request is for only his property, whether adjacent property would be more amiable to that zoning, and the next cycle for routine General Plan Amendment consideration. Mrs. Farmer stated that, because of that type of operation, the environmental problems would still exist for the adjacent property. Because of its proximity to the railroad, Council may want the zoning changed in the future; suggested Council direct the Planning Commission to study the area and bring Council recommendations, rather than a denial at this time. Page five - 5/27/82 CC-82-122 Motion by Councilman Nix, Second by Mayor Grant, to request the Planning Commission to study the area of Grand Terrace Road and Vivienda and bring to Council its recommendations for appropriate zoning. 0 Following discussion and clarification that a Focused EIR would not be needed unless the zoning is changed, the Motion carried, ALL AYES. FIRE CHIEF REPORT Howard Wright, Battalion Chief, reported the following: (1) Blue Dots are in place, with very little vandalism at this time; (2) Fire Season began last Friday; (3) The new Emergency Command Center is complete and invited Council and Staff to tour the facility; (4) California Information Reporting System reported the total property damage loss for Grand Terrace at $69,000 for 1981. CITY ENGINEER REPORT City Engineer Kicak reported the following: (1) He is working with SCE to complete the installation of the street lights directed by Council, and has requested SCE study a recent request for installation of a street light at Honey Hill Drive and Barton Road; (2) Will soon provide Council with a complete report of issues and recommendations for City involvement in a Redwood City Steet Lighting Association; that city representation statewide is very strong; (3) Requested Council review information furnished that date regarding the Barton Road improvements in the vicinity of Valley Bank, which will be discussed at the next Council meeting. CITY ATTORNEY REPORT City Attorney Hopkins stated he, members of Staff ,and Councilman Petta, representing Council, met with Griffin Development concerning Tracts 9482 and 9483, which were approved and recorded prior to incorporation of the City. Griffin Development questioned whether the City could legitimately require capital improvement fees prior to issuing building permits. Mr. Hopkins noted these fees are a condition of development and, since the City was not incorporated at the time the Tracts were approved, could not have imposed them. Stated he felt that, rather than becoming involved in litigation and impeding development, the City should enter into an interim agreement whereby the City would issue the building permits and defer payment 180 days to reach a compromise. Mr. Hopkins noted that Griffin Development did not threaten litigation. Griffin Development requested they make the improvements to Blue Mountain park site as "in lieu of" payment for the fees. Councilman Petta stated that the City would get their money's worth, since the City will sooner or later have to develop that park. Ll Page six - 5/27/82 Following Council questions regarding the amount of fees involved, other similar situations, and whether there is sufficient time for Parks and Recreation to provide recommendations for prioritizing the improvements to utilize the $30,000 worth of work in consideration, the Community Services Director was directed to coordinate the projects. CITY MANAGER REPORT The City Manager reported the following: (1) Status of the two and one-half acres of land being sold to Riverside Highland Water Company for the reservoir; (2) Will be attending the City Managers Cities/County Meeting the next day. LEGISLATIVE CONFERENCE - LEAGUE OF CALIFORNIA CITIES Following a briefing by the Finance/Administrative Services Officer, CC-82-123 Motion by Councilman Nix, Second by Councilman Rigley, to (1) authorize transferring under City Manager Engineering $1150 to Travel Conferences and Meetings and Local Mileage $1,000 and $150, respectively, and (2) approve the City Manager and the Finance Officer attending the June 16 Legislative Seminar at an estimated total cost of $300.00. Following discussion, the Motion carried, ALL AYES. CITY COUNCIL REPORTS Councilwoman Pfennighausen reported on the unsightly condition of the Johnstown Properties sopping center, and questioned what could be done to improve the situation. Councilman Grant, concurring, noted he had previously reported on this situation, and the Environmental Health Department had advised that the condition did not warrant their declaring it a health hazard. The City Attorney advised the only action Council can take is to declare it a public nuisance and institute legal procedure, noting that just the threat might be sufficient It was suggested that the Chamber of Commerce be requested to assist in solving this problem. The City Manager stated that Staff would contact Johnstown Properties and the businesses in the shopping center. Mayor Grant reported on the following: (1) The County Board of Supervisors tour scheduled for June 10; (2) Received appreciation from the County Department of Public Health for our Proclamation supporting Child Passenger Safety Week; (3) As a private citizen, attended a meeting "Yes on Nine" which denoted very little optimism for the Peripheral Canal. Noted Council had adopted a Resolution for its support; (4) Indicated to the Mayor of Rancho Cucamonga that the Council would most likely oppose SB 1785 (Foran), inasmuch as this legislation would allow the State to determine what Parks and Recreation facilities would be best for the cities; (5) Members of the Klu Klux Klan distributed literature in the City on May 22; that there was no violation of order. Commended the Sheriff's Department for the manner in which they handled the situation. It was noted Rgge '&even - 5/27/82 and appreciation expressed that there was no publicity of the event; (6) AB 1743 (Vicencia) and County Redevelopment, which were discussed at a meeting of City Managers and Mayor, which he and the City Manager attended the previous evening. Was encouraged that the consensus of those in attendance seemed to favor approaching the Board of Supervisors as a group regarding what the cities feel to be an inequitable distribution of taxes between the County and cities for annexed areas; (7) Omnitrans item regarding "Weighted Votes," which makes it almost impossible for the City to get an affirmative vote in the event a Weighted Vote is called. ADJOURN CC-82-124 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES, to adjourn the meeting at 9:35 p.m. to an Adjourned Regular Meeting to be held Wednesday, June 9, 1982, at 5:30 p.m., at the Terrace View Elementary School, and to continued daily Public Budget Workshop Sessions on a day-to-day basis from 7:00 a.m. to 9:00 a.m. starting Tuesday, June 2, 1982. The Regular Council Meeting of June 10, 1982, is cancelled. Respectfully submitted, i APPROVED: Page eight - 5/27/82