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10/28/1982CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - OCTOBER 28, 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 October 28, 1982, at 6:47 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 Tim Serlet, Engineering Staff Myrna Erway, City Clerk ABSENT: Joe Kicak, City Engineer The meeting was opened with invocation by Harold Lorimer, Retired, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. APPROVAL OF MINUTES - OCTOBER 14, 1982 CC-82-276 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to approve the Minutes of October 14, 1982, as presented. CONSENT CALENDAR The following items were removed from the Consent Calendar: 3C - Confirm CRA action on the Civic Center Architectural Contract Agreement; 3D - Appropriation of funds for FY 82-83 Salary/Fringe Benefit Adjustments. CC-82-277 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL AYES, to approve the following items on the Consent Calendar: 3A - Check Register No. 102882; 3B - Authorize Execution and Recordation of Notice of Completion - Terrace Hills Community Park Restrooms (GTC 82-03); Page 1 10/28/82 3E - RESOLUTION NO. 82-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ENDORSING PROPOSITION 3, THE 1982 CAL -VET BOND ISSUE; 3F - RESOLUTION NO. 84-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING RESOLUTION NO. 82-02 AND ESTABLISHING BAIL AMOUNTS FOR PARKING CITATIONS PURSUANT TO ORDINANCE NO. 48; 3G - RESOLUTION NO. 82-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING ITS RULES AND REGULATIONS FOR THE ADMINISTRATION OF PERSONNEL MATTERS PURSUANT TO ARTICLE II, SECTION 1, OF ORDINANCE NO. 12; 3H - Release of Monumentation Bonds - Tract 9741 - $2,050; Tract 9919 - $1,080. ARCHITECTURAL CONTRACT AMENDMENT Action on this item was deferred to the meeting of November 18. FUND APPROPRIATION - SALARY/FRINGE BENEFIT ADJUSTMENT Following a review of the Salary and Fringe Analysis and clarification that the appropriation request includes retirement funds, future step increases, and State Unemployment Insurance costs, and that the Analysis does reflect that the fringe benefit CC-82-278 percentage is affected by salary increases, Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to approve appropriating additional required funds for salary and fringe benefits from June 30, 1983, balance forward to cover the cost for FY 82-83 which includes $21,123 for salaries and $19,071 for fringe benefit adjustments, for a total of $40,194. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, voiced concern over possible flooding damage on DosRios and recommended acquiring sandbags through Griffin Development Co. Susan Beth, 22763 Darwin, requested permission to close three intersections on October 31 to hold a Halloween Block Party. CC-82-279 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to approve closure of the three intersections located at Pico/ Mirado; Pico/Darwin and Ladera for the purpose of a Halloween Block Party to be held October 31, with the provision that barricades with yellow flashing lights, to be furnished by the City, are to be placed at the intersections. Ken Rinderhagen, 12738 Wilmac, stated the Chamber of Commerce is having a 5K, 10K run on the morning of October 31; requested Page 2 10/28/82 assistance for traffic control at the intersections of Preston and Barton Road and Mt. Vernon and Barton Road from 8:00 to 9:30 a.m. Lieutenant Colfer stated he would try to provide the assistance, but requested advance notice in the future. Mike Pettit, Community Services Department Supervisor, Parks & Recreation Department, invited everyone to attend the City's Halloween Party to be held Saturday, October 30, from 7:00 to 9:00 P.M. David Jones, Group W Cable TV, presented a status update; stated ground should be broken by November 18, with aerial construction scheduled to begin approximately January 1. COMMISSION & COMMITTEE REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Council previously allocated funds to purchase bare -root trees to replace the dead trees in the park; recommended Staff purchase the trees and make arrangements with the landscaping contractor for planting; (2) Council approved a sign for the park; bids were received; no sign has been placed at this time; (3) Bleacher seats have arrived and have not been installed; (4) The Committee held a meeting with Tim Engle, Ernie Zampese, Denis Kidd, and Mr. Campbell, representing the Terrace Hills Jr. High Student Body regarding the proposed motocross track at the base of Blue Mountain. Mr. Kidd and Griffin Development Company are concerned, since the proposed site is adjacent to their developments. The fate of the motocross site is dependent upon the earth removal by Riverside Highland Water Company; requested input from Engineering on this matter. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Koleta Green reported that opening night of "Meanwhile Back on the Couch" is scheduled for November 12 at 7:30 p.m. at Terrace Hills Junior High School, and will also run on November 13, with a matinee to be held Sunday, November 14. Advance tickets are available at a reduced price and will also be available at the door. There will be an opening night party. Looking for sponsors to help support some of the backdrops and doors. Recess was called at 7:20 p.m., and reconvened at 7:35 p.m., with aTT members present. ORDINANCE NO. 64 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RELATING TO EXCAVATIONS IN CITY STREETS AND PUBLIC PLACES. The City Attorney read the title of the Ordinance. Page 3 10/28/82 Mayor Grant opened public hearing; there being no testimony for or against the matter, the Mayor closed public hearing. Motion by Councilman Rigley, Second by Councilman Petta, to adopt Ordinance No. 64 by title only. It was clarified that all public service companies will be exempt from deposits from cash deposits as shown in Section 8 of the Ordinance. Mayor Grant stated he would not support the Ordinance, feeling sufficient justification has not been given to exempt the public service companies and the franchise organizations. The Motion to adopt Ordinance No. 64 by title only was withdrawn by Councilmen Rigley and Petta. CC-82-280 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to waive the reading of Ordinance No. 64 in full. CC-82-281 Motion by Councilman Nix, Second by Councilman Petta, to adopt Ordinance No. 64 by title only, with reading of the Ordinance in full being waived. Motion No. CC-82-279 carried 4-1, with Mayor Grant voting NOE. ORDINANCE NO. (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REZONING AREA SOUTHERLY OF BARTON ROAD, WEST OF MICHIGAN, NORTH OF PICO AND EASTERLY OF THE I-215 FREEWAY FROM C-2 TO C-2 (CPD) (ZONE CHANGE NO. 82-04). The City Attorney read the title of the Ordinance. The Planning Director advised that the Planning Commission approved the recommendation that the City Council approve the CPD overlay designation on the C-2 land at its meeting of October 4, 1982, for the reasons as outlined in the Staff Report dated October 28, 1982, Subject: Zone Change 82-4, CPD Overlay. Dennis Evans, 22064 DeBerry, stated that the previous issue was the 30-acre minimum and questioned if that requirement had been removed, and if so, requested reading of the Ordinance in its entirety. The Planning Director stated that Council had directed the Planning Commission to amend the Zone Ordinance to delete the 30-acre requirement, by Motion, on October 14. This will be considered by the Planning Commission on November 1. Mayor Grant stated adoption of the Ordinance does not include approving the minimum 30 acres; that issue will be going back to the Planning Commission. Page 4 10/28/82 The City Attorney clarified that until the Planning Commission takes action on the matter, the 30-acre minimum does still exist; stated it has always been permissive, not mandatory. Mayor Grant opened public hearing on the matter. Supporting Testimony Doug Erway, Planning Commission Chairman, stated that when the Planning Commission considered this matter, it had been advised by the City Attorney and fully understood that the 30 acres was permissive; is aware this will be before the Commission for amendment on November 1. Opposing Testimony Dennis Evans, 22064 DeBerry, requested this Ordinance be tabled until the acreage is removed. Mayor Grant closed public hearing. Councilman Petta declared a possible conflict of interest, and withdrew from discussion or action on this matter. Council concurred with postponing adoption of the Ordinance until the issue of the 30-acre minimum requirement has been resolved. CC-82-282 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, to continue the Public Hearing on the Ordinance regarding Zone Change 82-4, CPD Overlay, to November 18, carried 4-0, with Councilman Petta abstaining. Councilman Petta resumed his position at the Council table. ORDINANCE NO. 65 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING ORDINANCE NO. 57, CHAPTER 9, SECTIONS 9.010, 9.020, 9.040, 9.060, AND 9.070 (AMENDMENT 82-01). The City Attorney read the title of the Ordinance. The Planning Director stated this is an amendment to the Zone Ordinance changing the title of Chapter 9 from Town Center to Commercial Planned Development, and all areas in which this designation appears in Chapter 9. Mayor Grant opened public hearing. There being no testimony for or against the matter, Mayor Grant closed public hearing. CC-82-283 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES, to adopt Ordinance No. 65 by title only. Pae5 10&/82 ORDINANCE NO. (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE DISCHARGE OF GUNS, AND DECLARING GUNS IN THE POSSESSION OF MINORS A NUISANCE. Ken Rinderhagen, 12738 Wilmac, questioned if the Ordinance relates to BB -guns. The City Attorney clarified that it does include BB -guns and air rifles. The City Attorney read the title of the Ordinance. Administrative Assistant Tom Coyle advised that in response to a complaint received about minors shooting pellet guns, research was conducted by Staff and revealed that most city codes have a standard ordinance regarding this matter. Mayor Grant opened public hearing on the matter. Supporting Testimony - none. Judy Rinderhagen, 12738 Wilmac, stated the Crime Prevention Committee studied the Ordinance and questioned what prompted the Ordinance and the extent of complaints and problems; opposes the Ordinance; stated her children have BB -guns and asked how this Ordinance would affect their use under supervision; this a part of the badge requirement for Boy Scouts. The City Attorney clarified that it prohibits the discharge of firearms by anyone and prohibits possession by minors under the age of 16, except when accompanied by a parent. Ken Rinderhagen, 12738 Wilmac, stated they have a BB -gun target in the backyard, angled to be contained within the backyard, and have had not problems; opposed to more ordinances restricting citizens' activities. Dick Rollins, 22700 DeBerry, recommended amending the Ordinance to allow use under parent supervision. Jess Quillar, 22438 DeSoto, stated he feels unless the Ordinance is amended to allow use under parent supervision, is too restrictive, and would tend to make youngsters break the law; doesn't feel it would be enforceable. Mayor Grant closed public hearing. Councilman Rigley read a letter from a citizen outlining an incident which occurred in her backyard and the present inability of the Sheriff's office to deal with minors shooting pellet guns in a residential neighborhood; stated this prompted the Ordinance. Council discussed the possibility of amending the Ordinance to allow discharge of firearms under the supervision of parents, with the parents being held liable for violation. 10�28/82 Councilman Petta stated he is aware of a store window which has 16 BB -gun holes in it. Feels there should be some provision both for concerneu parents who supervise and for concerned citizens w►io are victims of unsupervised children. Councilman Nix stated windows in the back of his house also contain BB -gun holes. Questioned the City Attorney if certain BB -guns are excluded. The City Attorney stated that spring action BB -guns would not be prohibited by this Ordinance; concurred with amending the Ordinance to allow supervised activity, with any damage being the responsibility of the supervising individual. Mayor Grant reopened public hearing on the matter. Ken Rinderhagen stated destruction of property is illegal and already the responsibility of parents. The City Attorney clarified it is not illegal to shoot birds. Mr. Rinderhagen stated the City could take action to become a bird sanctuary which would make it illegal to shoot birds. Joe Freeman, 22667 Eton Drive, requested deletion of language from the Ordinance which would prohibit archery practice on his property. Mayor Grant closed public hearing. CC-82-284 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to return the Ordinance to Staff for consideration of amendments relating to adult supervision and archery. ORDINANCE NO. 66 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REGULATING THE USE OF ALARM SYSTEMS AND DEVICES. The City Attorney read the title of the Ordinance. Administrative Assistant Tom Coyle stated this Ordinance is designed to decrease police responses to false alarms by assessing charges upon a third false alarm for negligence in maintaining alarm systems. Ken Rinderhagen, 12738 Wilmac, stated he understands insurance companies will not insure businesses who do not have alarm systems, and in cities where the city has the power to remove alarm systems. Mayor Grant opened public hearing on the matter. Supporting Testimony Dennis Evans, 22064 DeBerry, questioned if the City of San Bernardino was contacted regarding this Ordinance. Dick Rollins, 22700 DeBerry, spoke in favor of control and adjustment of alarm systems. Page 7 10/28/82 Opposing Testimony - None. Mayor Grant closed public hearing. In Council discussion, it was clarified that this Ordinance would alleviate emergency vehicles being called out unnecessarily and addresses the repetition of false alarms. Mayor Grant reopened public hearing on this matter. Ken Rinderhagen, 12738 Wilmac, stated there could sometimes be extenuating circumstances, citing an incident where a CB radio set off a business alarm. Koleta Green spoke in favor of the Ordinance. Mayor Grant closed public hearing. CC-82-285 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to adopt Ordinance No. 66 by title only . DRAINAGE PROBLEM - GRAND TERRACE ROAD Tim Serlet, Engineering Staff, advised there is a drainage problem on the easterly side of Grand Terrace Road between Vivienda and Newport Avenues, due to the curb and gutter not being constructed high enough, and an existing dirt driveway which projects into the public right-of-way being higher than the flow line of the curb adjacent to the north. Outlined two alternative: To remove and replace the curb and gutter at a cost of $7.452; or to remove the portion of the dirt drive approach which encroaches into the right -of -wady and regrade the approach to provide access equal to the existing at a cost of $1,300. Recommended removal and replacement of the existing curb and gutter alternative, since it will provide an ultimate solution. A detailed explanation of the alternatives and outlined cost for each alternative are listed in Staff Report dated October 11, 1982, Subject: Drainage Problem - Grand Terrace Road between Vivienda and Newport Avenues. In discussion it was clarified that Alternative No. 2 would be only a temporary solution and would have to be redone approximately every other year, whereas Alternative No. 1 would be a permanent solution to the problem and would ultimately cost less. CC-82-286 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to authorize Staff to proceed with the design in accordance with Alternative No. 1 to remove and replace existing curb, gutter, and drive approach; direct Staff to incorporate this project into the Barton Road project bidding schedule using a portion of the funds budgeted for Barton Road reconstruction to complete this project for a total estimated cost of $7,452. (the detailed outline of the project and cost is included in the Staff Report dated October 11, 1982, referenced above.) Page 8 10/28/82 CITY COUNCIL PROCEDURE HANDBOOK Motion by Councilman Rigley, Second by Mayor Grant, to accept the City Council Procedure Handbook as presented. Councilman Rigley recommended the booklet be finalized in loose leaf form to facilitate updating. The Motion was withdrawn by Councilman Rigley, with concurrence of Mayor Grant, and the matter was deferred to the meeting of November 18, to allow further review. SHOPPING MALL SURVEY Mayor Grant stated this item had been placed on the Agenda to clarify questions posed by the City Clerk and by the Committee Against Regional Shopping. The CARS Committee questioned if Rebuttals would be allowed. Recess was called at 9:00 p.m., and reconvened at 9:15 p.m., with a -members present. The City Attorney read a proposed statement to be included with the survey. Council concurrence was reached on the following items relating to the Shopping Mall Survey: (1) The City Attorney is to submit a revised, short preamble; (2) The survey will consist of two pages - one page will contain the statements and rebuttals of each committee, with the second page containing the City Attorney's Statement and the Ballot; (3) A separate envelope, addressed to the City Council, will be provided for the return of the Ballots - the envelopes will be opened in the presence of both committees for tabulating. The ballots will have labels on them designating the recipients; (4) The Ballots will be mailed to all recipients of the utility billing and to the La Loma Hills residents; (5) The statements by each committee are to be submitted November 4, to be approved by Council; each committee will then be provided with the other committee's statements, with rebuttals to be prepared and submitted for approval November 18; (6) The statements are not to exceed 300 words and the rebuttals are not to exceed 100 words. CITY COUNCIL REPORTS Councilman Petta stated he has been requested to speak to an organization on the subject of the shopping mall, and questioned the City Attorney as to whether or not he would be allowed to discuss the subject, since he is a landowner. The City Attorney advised that Councilman Petta would not be restricted from promoting the shopping mall throughout the community; he would only be restricted from the decision -making and discussion relative to the decision -making during Council meetings. Page 9 10/28/82 Councilman Petta stated that when he voted in favor of establishing neighborhood box units for the Pacesetter development, he did so with the understanding that this was the desire of the developer; requested that Staff question the developer as to whether or not he felt that he was required to take this action; would favor reversing Council action on this matter if information is received that the developer did in fact feel he had no choice. Mayor Grant directed Staff to investigate the circumstances relating to the decision by Pacesetters to establish neighborhood box units; the matter is to be placed on an agenda for reconsideration if the developer confirms that his decision was based on the understanding he had no choice. Councilman Petta presented a plaque, to be hung in City Hall, to Councilman Rigley, as Chef, and to Mayor Grant, as Assistant, for winning the 1982 Annual Gourmayor's Contest. Mayor Grant reported the following: (1) Attended the League of a i ornia Cities Annual Conference in San Diego October 17-20; (2) He and the City Manager attended groundbreaking ceremony for Goodwill Industries in San Bernardno; (3) Received telephone call questioning status of Lutheran Church of the Atonement property - requested Staff investigate and report on this matter; (4) Was interviewed by Linda Martin, doctoral candidate, regarding cities incorporated after Proposition 13 - recommended she interview all Council Members; (5) He and the City Manager will attend Cities/County Conference in Lake Arrowhead on November 3 and 4; (6) Wants follow-up with new owners of Johnstown Properties to ensure cleanliness of shopping center; and (7) Councilman Nix will represent Mayor Grant at the Omnitrans, SANBAG, and City Selection Committee Meetings on November 10. ADJOURN The meeting adjourned at 10:45 p.m. to an adjourned regular meeting to be held November 4, 1982, at 5:30 p.m. The regular November 11 meeting is cancelled. Respectfully submitted, My e APPROVED: 1��28%®2 I