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09/22/1988sue$; Cao,4 ofR. TTESON Mayo BARBARA PFENNtGHAUSEN Mayo Pro Tam Coum * Mambarr HUGH J. GRANT DENNIS L. EVANS SUSAN CRAWFORD THOMAS J. SCHWAB City Manager SEPTEMBER 22, 1988 CITY Of GRAND TERRACE 40t' REGULAR MEETINGS 2ND and 4TH Thursdays -- 6:00 P.M. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA-92324-5295 CITY COUNCILMEMBERS Byron R. Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis L. Evans, Councilmember Susan Shirley, Councilmember Thomas J. Schwab, City Manager ter* City Office: 714/824-6621 22795 BARTON ROAD a GRAND TERRACE, CA 92324-5295 0 CIVIC CENTER — (714) 824-6621 Cao,4 ofR. TTESON Mayo BARBARA PFENNtGHAUSEN Mayo Pro Tam Coum * Mambarr HUGH J. GRANT DENNIS L. EVANS SUSAN CRAWFORD THOMAS J. SCHWAB City Manager SEPTEMBER 22, 1988 CITY Of GRAND TERRACE 40t' REGULAR MEETINGS 2ND and 4TH Thursdays -- 6:00 P.M. Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA-92324-5295 CITY COUNCILMEMBERS Byron R. Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis L. Evans, Councilmember Susan Shirley, Councilmember Thomas J. Schwab, City Manager ter* City Office: 714/824-6621 22795 BARTON ROAD a GRAND TERRACE, CA 92324-5295 0 CIVIC CENTER — (714) 824-6621 CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS September 22, 1988 GRAND TERRACE CIVIC CENTER 6:00 P.M. 22795 Barton Road * Call to Order * Invocation - Pastor Larry Wilson, Praise Fellowship Foursquare Church * Pledge of Allegiance Roll Call STAFF irr RECOilMENDATIONS CONVENE COMMUNITY REDEVELOPMENT AGENCY -------- - ------ 1. Approval of 9/08/83 Minutes Approve 2. Approval of Check Register No.CRA092288 Approve ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL 1. Items to Delete 2. SPECIAL PRESENTATIONS E A. PROCLAMATION - "RED RIBBON WEEK" - Present October 23-30, 1988 B. PROCLAMATION - "CONSTITUTION WEEK" - Present September 17-23, 1988 3. CONSENT CALENDAR The following Consent Calendar items are expected to be routine & non -controversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff 'Member or Citizen may request removal of an item from the Consent Calendar for discussion. A. Approve Check Register No. 092288 1 Approve B. Ratify 9/22/38 CRA Action COUNCIL ACTION COUNCIL AGENDA 09/22/88 - Page 2 of 3 C. Waive Full Reading of Ordinances on Agenda. D. (1) Approve 8/25/88 Minutes (2) Approve 9/08/88 Minutes 4. PUBLIC PARTICIPATION 5. ORAL REPORTS A. Committee Reports 1. Introducation of Citizen Patrol 1w Members. 2. Historical & Cultural Committee Minutes of 8/1/88. 3. Appointment of Harold Lord & Mark Walters to the Crime Prevention Committee. B. COUNCIL REPORTS 6. PUBLIC HEARINGS - 6:30 P.M. A. Second Reading of the City Council of the City of Grand Terrace Repealing Existing Chapter 8.04 and Reenacting Chapter 8.04 of the Grand Terrace Municipal Code Pertaining to Nuisance Abatement. it B. Revisions of Sections A, B, and C of Item 13, Ordinance No. 108 (Planning, Engineering and Building & Safety Fees (Second Reading). 7. UNFINISHED BUSINESS A. Additional Analysis of the City's General Plan by Wildan & Associates. STAFF RECOMMENDATION Approve Accept Appoint COUNCIL ACTION COUNCIL AGENDA 9/22/88 - Page 3 of 3 8. NEW BUSINESS A. Correspondance from Terrace Pines Apt! regarding occupancy permits. B. Correspondance from Mr. Bob Keeney regarding CUP-87-7 (R.V. Park and Commercial Center). 9. CLOSED SESSION ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETINGS WILI HELD THURSDAY, OCTOBER 13, 1988 AT 6:00 P.M. AGENDA ITEM REQUESTS FOR THE 10/13/88 MEETING 15 BE SUBMITTED IN WRITING TO THE CITY MANAGER'S OFFICE BY NOON ON 10/05/88. CITY OF GRAND TERRACE 'k\o '� COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - SEPTEMBER 08, 1988 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 08, 1988, at 6:05 p.m. PRESENT: Byron Matteson, Chairman Barbara Pfennighausen, Vice Chairman Hugh J. Grant, Agency Member Dennis L. Evans, Agency Member Thomas J. Schwab, Executive Director Randy Anstine, Assistant City Manager David Sawyer, Community Development Director Juanita Brown, Secretary John Harper, City Attorney Joe Kicak, City Engineer ABSENT: Susan Shirley, Agency Member APPROVAL OF AUGUST 25, 1988 CRA MINUTES CRA-88-31 MOTION BY VICE CHAIRMAN PFENNIGHAUSEN, SECOND BY AGENCY MEMBER GRANT, CARRIED 4-1 (WITH AGENCY MEMBER SHIRLEY BEING ABSENT), to approve August 25, 1988 CRA Minutes. Chairman Matteson adjourned the CRA Meeting at 6:05 p.m. until the next regular City Council/CRA meeting which will be held Thursday, September 22, 1988 at 6:00 p.m. CHAIRMAN of the City of Grand Terrace SECRETARY of the City of Grand Terrace L W, F,i.aEND'A 11 LI-A 140. COMMUNITY REDEVELOPMENT AGENCY CITY OF GRAND TERRACE c DATE: SEPTEMBER 22, 1988 CHECK REGISTER NO: CRA092288 h'C Ir`iii� sLa QA AN�r~t QVAL CHECK OUTSTANDING DEMANDS AS OF: SEPTEMBER 22, 1988 NUMBER VENDOR DESCRIPTION AMOUNT 18987 DENNIS EVANS 18993 HUGH GRANT 19001 BYRON MATTESON 19007 BARBARA PFENNIGHAUSEN 10014 SANWA BANK 10015 SUSAN SHIRLEY STIPENDS FOR SEPTEMBER, 1988 $150.00 STIPENDS FOR SEPTEMBER, 1988 150.00 STIPENDS FOR SEPTEMBER, 1988 150.00 STIPENDS FOR SEPTEMBER, 1988 150.00 TRUSTEE FEES FOR CIVIC CENTER PROJECT 3/1-9/l/88 34.10 STIPENDS FOR SEPTEMBER, 1988 150.00 TOTAL $784.10 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR THE COMMUNITY REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND AND NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY. THOMAS SCHWAB TREASURER IN A -tgyC "RED RIBBON WEEK" October 23-30, 1988 WHEREAS, The National RED RIBBON CAMPAIGN will be celebrated in communities across America during RED RIBBON !'LEEK, October 23-30, 1988; and WHEREAS, President Reagan and Mrs. Reagan are the National Honorary Chairmen and Governor and Mrs. Deukmejian are California's Honorary Chairmen of this community focus on drug -free choices; and WHEREAS, Californians for Drug -Free Youth, Inc. is coordinating this grass roots community effort in a united effort with the National Federation of Parents for Drug -Free Youth; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, and individuals will demonstrate their commitment to healthy, drug, -free lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the community of Grand Terrace further commits its resources to ensure the success of the RED RIBBON CAMPAIGN; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Grand Terrace does hereby support October 23-30, 1988 as "RED RIBBON WEEK" and encourages its citizens to participate in drug awareness activities, making a visible statement that we are strongly committed to healthy lifestyles. BE IT FURTHER RESOLVED, that the City Council of the City of Grand Terrace encourages all its citizens to pledge: "THE CHOICE FOR ME, DRUG -FREE." Mayor of the City of Grand Terrace and of the City Council thereof. This 22nd day of Septem5er, 1988. S=S � ems,-.. _y% .. �-_%�_ � T<,i*' - _'-i '�%`C-��?'"",. -.( :•-,.tt-�Y�L �:: -� - .. "CONSTITUTION WEEK" September 17-23, 1988 WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America: and WHEREAS, It is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment; and WHEREAS, The Bicentennial of the signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achievements, of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities; and WHEREAS, The independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915, NOW, THEREFORE, I, BYRON R. MATTESON, by virtue authority vested in me as Mayor of the City of Grand Terrace in of California do hereby proclaim September 17 through 23, 1989, "CONSTITUTION WEEK" in the City of Grand Terrace, and urge attention during that week to our Federal American Citizenship. all our citizens to pay special Constitution and the advantage of In Witness whereof, I have ehereunto set my hand and caused the Seal of the City to be affixed at Grand Terrace this 22nd day of the year of our Lord one thousand nine hundred and eichty-eicht and the Independence of the United States of America, the two hundred and twelfth. . . l Mayor of—t e City of Gran errace and of the City Council thereof. This 22nd day of September, CITY OF GRAND TERRACE DATE: SEPTEMBER 22, 1988 CHECK REGISTER NO: 092288 CHECK OUTSTANDING DEMANDS AS OF: SEPTEMBER 22, 1988 NUMBER VENDOR DESCRIPTION AMOUNT P5832 PETTY CASH P5833 SOUTHERN CA EDISON COMPANY P5834 SOUTHERN CA GAS COMPANY P5835 G.T. MAILERS P5836 FIESTA VILLAGE P5837 SOUTHERN CA EDISON COMPANY P5838 SOUTHERN CA GAS COMPANY P5839 SOUTHERN CA EDISON COMPANY P5840 SOUTHERN CA GAS COMPANY P5841 SOUTHERN CA EDISON COMPANY P5842 SOUTHERN CA GAS COMPANY P5843 SO. CA CITY CLERKS ASSOC. P5844 SOUTHERN CA GAS COMPANY P5845 DAVID SAWYER P5846 AMERICAN PLANNING ASSOCIATION P5847 SOUTHERN CA EDISON COMPANY P5848 SOUTHERN CA GAS COMPANY 18975 LOLITA APRECIO 18976 ACCENT PRINT & DESIGN 18977 ALL PRO CONSTRUCTION rfl 18978 AMERICAN PLANNING ASSOCIATION 18979 AWARDS BY CHAMPION 18980:{ BASTANCHURY BOTTLED WATER REIMBURSE PETTY CASH, DAY CARE CASH PAYMENTS FOR 9/6/88 CASH PAYMENTS FOR 9/6/88 SORT, HANDLING OF 3,000 FLYERS, POSTAGE,BULK RATE FOR TOUR -DE -TERRACE EXCURSION, RECREATION CASH PAYMENTS FOR 9/8/88 CASH PAYMENTS FOR 9/8/88 CASH PAYMENTS FOR 9/9/88 CASH PAYMENTS FOR 9/9/88 CASH PAYMENTS FOR 9/12/88 CASH PAYMENTS FOR 9/12/88 GENERAL MEETING 9/15/88 CASH PAYMENTS FOR 9/13/88 AUTO ALLOWANCE FOR AUGUST, 1988 (REPLACE LOST CHECK) SEMINAR, SEPTEMBER 21, 1988 CASH PAYMENTS FOR 9/14/88 CASH PAYMENTS FOR 9/14/88 WASTEWATER DISPOSAL REFUND FLYERS FOR SENIOR CITIZENS BERM AND APPROACH, VAN BUREN AT CANAL, CANAL CLEAN-UP, SPRINKLER HEADS AND WIRE ELECTRIC TO TIMER, PICO PARK, AND DRIVEWAY ON VAN BUREN/MT. VERNON BERM AND APPROACH CONFERENCE, OCTOBER, 1988 AWARDS FOR SLO-PITCH SOFTBALL BOTTLED WATER AND COOLER RENTAL FOR CIVIC CENTER AND DAY CARE 276.52 695.49 118.97 491.01 150.00 370.76 79.40 177.80 8.19 86.43 19.34 25.00 66.78 200.00 27.00 148.66 57.69 4.80 38.11 4,670.00 160.00 489.42 107.35 1 CITY OF GRAND TERRACE 'DATE: SEPTEMBER 22, 1988 CHECK REGISTER NO: 092288 CHECK NUMBER VENDOR OUTSTANDING DEMANDS AS OF: SEPTEMBER 22, DESCRIPTION 1988 AMOUNT 18981 BOOK PUBLISHING COMPANY SUPPLEMENT SERVICE TO THE MUNICIPAL CODE $ 4,036.40. 18982 CALIFORNIA BICYCLIST AD FOR TOUR -DE TERRACE -7J_6.00 18983 CA CONTRACTORS SUPPLIES, INC. WATER HOSE, SIX 348.63 18984 CONSTANCE CHAPMAN CLEAN RESTROOMS AT PARK (8 DAYS) 160.00 18985 CHEMLAWN FERTILIZATION OF THE PARKS, DEBERRY AND GRIFFIN, AND --- CIVIC CENTER GROUNDS 874.00 18986 DICKSON COMPANY OF INLAND EMPIRE STREET SWEEPING FOR AUGUST, 1988 2,745.00 18987 DENNIS EVANS STIPENDS FOR SEPTEMBER, 1988 150.00 18988 EWING IRRIGATION SUPPLIES IRRIGATION SUPPLIES FOR PARKS 75.23 18989 FOLWERS BY YVONNE FLOWERS, TRIMBLE 26.50 18990 FOOTHILL JOURNAL CITY NEWS FOR AUGUST, 1988 285.00 18991 FIREMASTER CHEMICAL COMPANY SERVICE FIRE EXTINGUISHERS AT CIVIC CENTER AND CITY OWNED BUILDINGS 57.27 18992 GRAND TERRACE WOMAN'S CLUB AD FOR YEARBOOK 45.00 18993 HUGH GRANT STIPENDS FOR SEPTEMBER, 1988 150.00 18994 JOHN HARPER LEGAL SERVICES FOR AUGUST, 1988 4,063.90 18995 HEALTH NET MEDICAL INSURANCE FOR OCTOBER, 1988 1,498.96 18996 C.R.JAESCHKE, INC. BALANCE DUE ON MOWER 1,018.90 18997 HARLEY JENKINS LOCAL MILEAGE 72.75 18998 LITTLE RED SCHOOL HOUSE SUPPLIES FOR DAY CARE 139.09 18999 LOMA LINDA DISPOSAL TRASH PICK-UP FOR PARK AND CIVIC CENTER, SEPTEMBER, 1988 129.05 19000 MASTER LEASE CORPORATION RENT PANASONIC COPIER FOR OCTOBER, 1988 556.15 19001 BYRON MATTESON STIPENDS FOR SEPTEMBER, 1988 64.65 19002 MINUTE MAN PRESS PRINT 1988/1989 ANNUAL BUDGETS 198.48 19003 MORGAN AND FRANZ LIFE INSURANCE FOR OCTOBER, 1988 97.75 19004 PACIFIC BELL PHONE FOR DAY CARE, PAY PHONES AT CIVIC CENTER AND COMPUTER MODEM 132.22 2 CITY OF GRAND TERRACE c DATE: SEPTEMBER 22, 1988 CHECK REGISTER NO: 092288 CHECK OUTSTANDING DEMANDS AS OF: SEPTEMBER 22, 1988 NUMBER VENDOR DESCRIPTION AMOUNT 19005 PADDEN COMPANY LEASE MAILING MACHINE AND OLYMPIA, OCTOBER, 1988 $ 179.17 19006 PAGNET AIR TIME AND MAINTENANCE ON PAGERS 26.00 19007 BARBARA PFENNIGHAUSEN STIPENDS FOR SEPTEMBER, 1988 64.65 19008 PETTY CASH REIBURSE PETTY CASH FOR DAY CARE 108.75 19009 CATHY PIERSON GYMNASTICS INSTRUCTOR 172.80 19010 JERI RAM URBAN PLANNING COURSE, REIMBURSEMENT 331.78 19011 RECO REFRIGERATION REPAIR AIR CONDITIONING AT FIRE STATION AND CIVIC CENTER 2-5904.33 19012 RIVERSIDE BLUEPRINT RECORD MAPS 5.30 19013 SHERIFF FLOYD TIDWELL LAW ENFORCEMENT AND CRIME PREVENTION OFFICER FOR OCTOBER, 1988 60,274.00 19015 SUSAN SHIRLEY STIPENDS FOR SEPTEMBER, 1988 150.00 19016 SIGN CENTER SIGNS FOR NEIGHBORHOOD WATCH PROGRAM 247.86 19017 SIGNAL MAINTENANCE CORP. MAINTENANCE ON SIGNALS FOR AUGUST, 1988 AND REPAIR ON SIGNAL AT BARTON/PRESTON 790.05 19018 SOFTWARE WIZARD MAINTENANCE CONTRACT ON WORD PROCESSOR 1988/89 15910.00 19019 SOUTHERN CA EDISON COMPANY ELECTRIC FOR TWO LIGHTS AT DEBERRY PARK, STREET LIGHTS, AND THREE SIGNALS 2,816.22 19020 SOUTHERN CA GAS COMPANY GAS FOR CIVIC CENTER AND CITY OWNED BUILDINGS 249.21 19021 SO. CA MUNICIPAL ATHLETIC ASSOC. SPORTS INSTITUTE SEMINAR 15.00 19022 SQUIRES LUMBER COMPANY HARDWARE SUPPPLIES 23.74 19023 JEANNE STROWGER NAIL WORKSHOP INSTRUCTOR 28.00 19024 THE SUN NOTICE OF PUBLIC HEARINGS, 9/8/88 132.50 19025 TRI-COUNTY OFFICIALS UMPIRES FOR SLO-PITCH SOFTBALL, 8/16-8/31/88 136.00 19026 UNOCAL FUEL FOR CITY TRUCK AND EQUIPMENT 137.45 19027 WEST-COMPUTIL CORP. PROCESS PARKING CITATION FOR 7/1-7/31/88 5.25 TOTAL: $96,877.,71 3 CITY OF GRAND TERRACE DATE: SEPTEMBER 22, 1988 CHECK REGISTER NO: 092288 CHECK OUTSTANDING DEMANDS AS OF: SEPTEMBER-22, 1988 NUMBER VENDOR DESCRIPTION AMOUNT I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR THE PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY. THOMAS SCHWAB FINANCE DIRECTOR CITY COUNCIL MINUTES REGULAR MEETING - AUGUST 25, 1988 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on August 25, 1988, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis Evans, Councilmember Susan Shirley, Councilmember 4 ABSENT: Thomas J. Schwab, City Manager/Finance Director Randy Anstine, Assistant City Manager David Sawyer, Community Development Director John Harper, City Attorney Joe Kicak, City Engineer Juanita Brown, Deputy City Clerk The meeting was opened with invocation by Mayor Pro Tem Pfennighausen, followed by the Pledge of Allegiance led by Councilmember Grant. ITEMS TO DELETE Item 5C-1 -- Reappointment of Bea Gigandet. CONSENT CALENDAR CC-88-167 MOTION BY COUNCILMEMBER GRANT, SECOND BY COUNCILMEMBER SHIRLEY, CARRIED 5-0, to approve the Consent Calendar with the removal of Item A -- Check Register No. 082588. 4 B. RATIFY 8/25/88 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA D. APPROVE 8/11/85 MINUTES E. RENEWAL OF SAN BERNARDINO COUNTY LIBRARY LEASE F. REJECTION OF LIABILITY CLAIMS 88-02-88-05 G. GRANTING OF HOME OCCUPATION PERMIT FOR LUCILLE HAMBLIN rauriC;s. A(XNDA tTDA $,1� ITEM REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION A. Approve Check Register No. 082588. Mayor Pro Tem Pfennighausen for the purpose of setting one item on the Check Register apart for a separate vote, Item 18928 -- Willdan & Associates Check and wanted it as a matter of record that she opposed the payment of this bill and the bill itself. CC-88-168 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, SECOND BY COUNCILMEMBER EVANS, CARRIED 5-0, to approve the remainder of the Check Register except for Item 18928. Mayor Pro Tem Pfennighausen explained her reasons for not voting on this item. Mayor Matteson explained that this item was approved by the City Council at a prior meeting based on the fact that the Consultants were required to do more than the contract had stated, therefore, they billed us for additional charges. CHECK REGISTER ITEM NO. 18928. CC-88-169 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SHIRLEY, CARRIED 3-2 (MAYOR PRO TEM PFENNIGHAUSEN AND COUNCILMEMBER EVANS VOTED NOE), to approve the additional charges to Willdan & Associates. PUBLIC PARTICIPATION John Jensen, Merle Court, expressed his feelings regarding allowing trucks, motor homes to park on the streets and wanted to know what Councilmembers voted for this ordinance. Councilmember Evans explained his reason for his vote in granting one gentleman a permit to park his truck on the City Street and encouraged Mr. Johnson to look at the video tape or listen to the cassette tape. He concurred with Mr. Johnson regarding boats and large RV's, pointing out that there is an Ordinance that does govern parking such items in residential areas and suggested he ask the City Manager to look into it. Councilmember Grant concurred with Councilmember Evans and explained his reasons for voting on this issue and that each situation would be considered on its own merit. He stated that the City Manager had express reservations about approving this and shared his reason for his reservation. Council Minutes - 08/25/88 Page 2 ORAL REPORTS Mayor Pro Tem Pfennighausen stated that the truck is not parked in front of anyone's house, explaining that all but two of the residents came in and said they had no problem with that truck being there. She explained there is an Ordinance that prohibits the parking of commercial vehicles, motor homes, boats over a specified period of time which is available to the public. Mayor Matteson agreed with Mr. Johnson 100 percent that if that truck was parked in front of anyone of the Councilmembers house that voted for that permit, they would be up at arms. Mayor Matteson read a letter he received from Mr. Teorey who was opposed to trucks being parked on the streets. Councilmember Shirley concurred with Mayor Matteson explaining that this man was issued a permit a long time ago stating that if there was one objection to his truck being parked there, his permit would be revoked and we had objections. She stated that it was not made clear at the last Council meeting that this was not this man's truck and that it belonged to the people he work for. Barbara Bayus, 22664 Eton Drive, stated that she was acting as a representative of the San Bernardino Board of Realtors and that she was the liaison between them and the community of Grand Terrace, explaining what they are about and their future plans. She handed out flyers of their objectives and goals to Council and the City Manager. Gene Carlstrom, President Elect of the Chamber of Commerce, reported on the mixer at Grand Terrace Ice Cream Shop. A. Historical & Cultural Activities Committee 1. Minutes of 8/11/88 Council accepted the Historical & Cultural Activities Committee Minutes of 8/1/88. Council Minutes - 08/25/88 Page 3 Im 4W Councilmember Shirley stated there is a change in the Historical & Cultural Activities Committee meeting date and time for their September meeting and that needs to be posted. Mayor Matteson asked City Manager Schwab to post it. 2. Plates & Plaques from Italy Councilmember Grant asked if the Chairperson of the Historical Committee had asked for a secure place for these plaques and documents to be stored. City Manager Schwab replied it was his understanding that they were not requesting a secure place of putting them into a storage vault, they indicated they would like to have a place to store them as well as display them. He stated that he and Assistant City Manager Anstine had discussed buying something similar that you can put on the wall. Mayor Pro Tem Pfennighausen suggested the area between the reception desk and Community Services, behind the counter, elevated and glass fronted. City Manager Schwab explained that the committee had asked for Council to direct Staff to make a recommendation which would include a cost figure and the potential to fund that. CC-88-170 MOTION BY COUNCILMEMBER GRANT, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 5-0, for Staff to make a recommendation which would include a cost figure and potential funding. Application of Marie Schmidt CC-88-171 MOTION BY COUNCILMEMBER GRANT, SECOND BY MAYOR MATTESON, CARRIED 5-0, for Marie Schmidt to fill the vacancy on the Historical & Cultural Activities Committee. B. Emergency Operations Committee Council Minutes - 08/25/88 Page 4 1. Minutes of 8/11/88 Council accepted the Historical & Cultural Activities Committee Minutes of 8/1/88. D. City Council Reports Councilmember Shirley, had concerns regarding the 45 mph speed limit on Mt. Vernon to DeBerry, south of Barton Road approaching the school and crosswalk. Assistant City Manager Anstine explained that the major thoroughfares in the City have been certified by a traffic engineer, but would be happy to go back and research and provide Council with information and a recommendation from the engineer. Councilmember Evans, reported attending a South Coast Air Quality Management District luncheon and explained the policies that are coming out and are currently having public hearings throughout the district. He shared his concerns regarding air pollution and suggested having several workshops that would extend over a period of time for everyone to be aware of the problems that we will be facing at the turn of the century. He requested that staff take a look at this and try to come up with some ideals of educating the citizens. Councilmember Grant, wanted to know what was the regulation of size on banners. City Manager Schwab replied that generally banners are prohibited, but the Planning Director does have some latitude to allow a temporary permit of the banner and asked if there was a particular one. Councilmember Grant reported that Chaparral Apartments and Forest City Dillion Apartments on Mt. Vernon, very large signs draped across saying for rent. Community Development Director Sawyer reported that Chaparral Pines which is now Terrace Pines came in with a plan and requested a permit for what those banners represents, a special event sign and the Code does specifically say how large those banners could be and how long they can remain. He explained that the opening of those apartments is considered a special event and the size of those banners are within what the Code allows. Councilmember Grant asked if the apartments on Mt. Vernon were considered a special event. Council Minutes - 08/25/88 Page 5 Community Development Director Sawyer replied that it would be, but they have not come in for a permit on that yet. Councilmember Grant pointed out that the sign is hanging, wanting to know what do we do about something like this, just ignore it. City Manager Schwab stated staff will address the responsible party and request that they come in for a permit. He explained that when the Community Development Director makes reference to a special event, the Code covers this under the subdivision area because the Chaparral Pines is a subdivision apartment complex and allows for the same thing as the other developments that have been in the area to put up banners and flags and so forth on their own property for a temporary period. Mayor Matteson reported having two items to speak on, one was City Council receiving a letter of thanks from Renee Mendez, from the trailer park on Michigan regarding Council taking action on the safety factor of the curbs going out of the trailer park. He stated that the other item is trying to get a stop sign at Michigan and Main Street for months, explaining that approximately ten days ago there was an accident and while the officer was finishing up his report, there was another accident. Mayor Pro Tem Pfennighausen stated that accident occurred at her corner and that she reported that accident, explaining that the response time was two minutes. She explained that approximately two years ago the City of Grand Terrace notified Riverside County that we would like to make that a 4-way stop and we can't make that a 4-way stop without the participation of Riverside County. Riverside County tells us that they don't have a record of accidents at that intersection and she could not understand that except that Riverside County does not respond to an accident at that intersection; the Highway Patrol responds on behalf of Riverside and our Sheriff Department respond on behalf of the report from the City of Grand Terrace. Therefore she felt it was time to get reports from our SO and the Highway Patrol and present those to the Board of Supervisors. Council Minutes - 08/25/88 Page 6 Mayor Matteson asked the City Manager- to acq.ui.cer. copies of those accident reports and send a letter to Supervisor Younglove of the County of Riverside stating our situation and what's been done. Mayor Pro Tem Pfennighausen offered to tell them of the accidents that she has seen. UNFINISHED BUSINESS 6A-1 Council authorize the Ma or to execute escrow instructions to purchase property described in escrow 62114-J, First American Title for Parcel— AP 276-461-09. City Manager Schwab reported that at the meeting of August 11, 1988, the City Council authorized Staff to make an offer on the Robert's parcel for acquisition of parkland. He reported that the parcel is 4.66 acre of parcel on the southeast corner of Mt. Vernon to Vista Grande Way, one lot west of the Terrace View Elementary School. He explained that the proposal has been made to the property owner for the purchase price of $345,000. The individual is willing to finance the property at 9 percent interest for approximately 12 years at approximately $3,000.00 per month. Staff has been able to acquire a municipal lease financing to purchase the price over five years at 7.92 percent. Staff is asking Council to (1) accept the lease purchase financing authorizing the Mayor to execute the escrow to (2) appropriate $70,000.00 from the Parkland Acquisition Sinking Fund; (3) appropriate $600.00 from the Parkland Acquisition Sinking Fund for the payment of escrow fees; and (4) adopt and sign a Resolution to the City of Grand Terrace authorizing a lease agreement and the 4, signatories. CC-88-172 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SHIRLEY, to adopt all four. Councilmember Evans stated he wanted to go on record that he does not oppose park acquisition, felt we need some additional parkland that we can call our own and something that we can develop based on the wishes that were expressed on the survey done last year. However, he felt this acquisition of this parcel is an inadequate site and is a slap in the face to our Park and Recreation Committee and gave his reasons, stating therefore, he could not support this. Council Minutes - 08/25/88 Page 7 NEW BUSINESS Councilmember Grant stated he supported this site because it is strategically located in terms of providing services to all of the people of this community and will have different types of recreation. He stated that he has been at the Park and Recreation Committee meetings where they took a vote and approved it, so he felt we are doing exactly what the Park and Recreation Committee wanted us to do and what the people in the community need in terms of parkland and he is in favor of this motion. Councilmember Evans stated for a matter of record on June 1, 1987 the Park and Recreation Committee submitted a report in reference to proposed parkland and although they might say this site is okay, it still goes against what they had expressed in that Staff Report and at that time they identified what they wanted and he then listed their recommendations. Motion CC-88-172 carried 3-2 (Councilmember Evans and Mayor Pro Tem Pfennighausen voted NOE). 7A. Appeal of Planning Commission decision SA-88-8 Builders). Community Development Director Sawyer presented his Staff Report regarding the approval of SA88-8 (application for a single-family home at 11870 Burns Avenue) by the SO Review Board in July, 1988, explaining the required needed conditions that were not met and staff's reason for requesting a denial. Mayor Matteson asked what was the the applicant's reason for requesting the appeal? Bill Mitchell, Riverside, representative of Happy Homes Builders, explained that the reason for requesting the denial of certificate of survey was because it's a large lot, a half -acre lot and then explained the setbacks all around the house. He could not understand how the Community Development Director could say there is a problem with the setbacks for such a large lot and he was not aware of the conditions mentioned by the Community Development Director. He pointed out that it would cost them approximately $5,000.00 for a survey and Council Minutes - 08/25/88 Page 8 the homeowner has already agreed to sign an agreement with the City of Grand Terrace, whereas if the City obtain the property to the north and south to widen the street, they would go ahead and put in the street and gutter and pay for the widening of the street. Councilmember Evans asked if he understood that he was not aware of the conditions at the time that this was reviewed by the Planning Commission? Mr. Mitchell, replied they were unaware of it at the time that they came over requesting all of the information, that was not listed as a requirement to submit to the Planning Commission. They said we had to have site plans, landscape plans, fifteen copies of the building plans. Councilmember Evans stated that he was looking at a letter dated July 12, 1988 from our City Engineer to our Planning Director as far as the recommendations. One was Certificate of Survey for subject parcel; are you saying that was not included in the Conditions of Approval? Mr. Mitchell asked for the date. Councilmember Evans stated it was received on July 12, 1988. Mr. Mitchell stated this goes back to December 1987 when we came over and talked to them about what all they would require and he had a copy of what was sent to them, indicating there was not a date on what was sent to them. He listed the minimum requirement: Site and Architectural Review, vicinity map, proof of legal lot recording, if undeveloped, material board, actual sampling of materials and colors mounted on paper; 25 copies of site plans, floor plans; elevation and landscape plans and filing fee of $702.00 plus $82.50. City Manager Schwab explained that Mr. Mitchell was reading from a standard handout for someone for submittal, pointing out that the Planning Commission decision was made on July 18, 1988. He explained that one of the conditions made. by the Planning Commission was that all recommendations listed in the City Engineer's Memo of July 12th shall be complied with. It is that particular aspect that he is appealing to the Council for approval. Council Minutes - 08/25/88 Page 9 Councilmember Shirley asked City Engineer Kicak what he felt the cost would be to survey that property? City Engineer Kicak replied he really did not know, but felt that was one of the areas within the City where there is very little monumentation that has been done, feeling if you look at their Grant Deed, you will see a reference back through a County Board of Supervisors accepting a right-of-way, similar to our experience with the Vivienda Bridge. He explained that those types of documents are very vague. He explained his reason for setting that condition on that particular project, stating that when he looked at the plan and questioned the distance along the westerly property line of that parcel, the developer could not tell him. There was no dimension on it and the City Engineer asked how did he determine it and he said he skilled it based on an assessor's map. We have some real concern as to what is going on out there in that whole subdivision and that particular parcel, they don't even know what the dimension on the westerly line or where that westerly line was. Councilmember Shirley felt $5,000.00 was too high for a survey and questioned if it could be done for much less. City Engineer Kicak felt it could be done for about $2,500.00. He felt that someone has to research that area to determine where the points are and do a closure, indicating there may be a need for proportioning of the lots based on what is of record. Mayor Pro Tem Pfennighausen asked Community Development Director Sawyer what was some of the problems that we as a City and the owners of property in transfer of that property possibly later on could run into when those lines are not specifically located and monuments put there? Community Development Director Sawyer explained that currently the setbacks do not appear to be a problem, but in the future if there are to be additional buildings done on that property where they will be building setbacks, there could be a problem regarding identifying what we measured those setbacks from. He stated that one of the conditions on this map is that a fence be placed on Council Minutes - 08/25/88 Page 10 the side and rear yards and if we don't know where that property line is we might be having the applicant put a fence on possibly a neighbors yard and the question might come up why the City didn't require a survey and why a fence was allowed to go on their property. Mayor Pro Tem Pfennighausen felt we have inherited the problems from the County. CC-88-173 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 5-0, to deny the appeal. 7B. REPORT ON POTENTIAL ANNEXATION Mayor Matteson indicated that Council will address this issue first and then he will open it up for public participation. Community Development Director presented his Staff Report, regarding the un-incorporated area south of Main Street which lies in Riverside County. Staff's recommendation is that Council direct staff to conduct a feasibility study regarding the possible annexation of the area identified in the attached map. Mayor Matteson requested Community Development Director to address and discuss the boundaries. Community Development Director explained that the boundaries begin south from Main Street on Michigan Avenue; follows Michigan Avenue going south until it hits Center Street; goes westerly to Garfield Avenue; continues south along Garfield Avenue to a point which is approximately 1,600 ft. from Center Street and approximately 800 ft. from Spring Street, then goes easterly in a line of Pigeon Pass Road which extend all the way through there (would be an extension of Pigeon Pass Road); that line comes easterly until it hits Pigeon Pass Road and then goes up to a point which would approximately be even with the peak of Blue Mountain (all of that area between Main Street and Pigeon Pass Road.) Councilmember Evans asked for clarification, did the recommended southerly boundaries follow the nature gully that goes throughout that area? Community Development Director replied yes, to the point where Mt. Vernon would intersect that and then continue on from there. Council Minutes - 08/25/88 Page 11 PUBLIC PARTICIPATION Councilmember Evans asked if he was recommending that Pigeon Pass Road be the dividing point, northside would be in Grand Terrace and the southside would be Riverside. The response was, "yes " There was a lengthy discussion on the proposed adjustment of the Riverside County and San Bernardino County lines and the possible annexation of Highgrove to Grand Terrace. Several Highgrove residents expressed their views on the proposal. The speakers were concerned with the piecemeal selection of the area under consideration. They felt that the consideration should be all or nothing. Several speakers voiced opposition to the idea in principle and expressed pride in their Highgrove identity. The following Highgrove residents voiced opposition to the piecemeal annexation: Claude Norris, 709 Arliss Street Danny Stauffer, 548 Main Street Adam Morales Dana Williams Gordon Swain Dana Williams, 761 Flint Street Gordon Swinger, 540 Michigan Street, Highgrove Dennis Kidd, 22874 Pico Street, Grand Terrace voice his opinion regarding the annexation. Following discussion of the issue by City Staff, Councilmembers, and Grand Terrace residents, it was suggested that a study be made before pursuing the subject further. The cost of an in-depth study was felt to be burdensome by a Council majority and the Mayor indicated he would continue to pursue the matter on his own and bring it back to Council at a future date. 7C. REQUEST TO STUDY TRAFFIC SAFETY PROBLEM ON THE ALLEYWAY BETWEEN MT. VERNON AND HOLLY. Councilmember Grant explained that he brought this to the attention of the City Manager simply for the purpose of discussion because he received some reports from residents that a lot of children on skateboards and bicycles are using that alley. Council Minutes - 08/25/88 Page 12 11 Speed bumps were suggested and discussed at length by Councilmembers and staff and it was decided to poll the homeowners before making any definite decision. 7D. IF CRA ITEM #4 PASSES, CITY COUNCIL WILL NEED TO APPROPRIATE AND TRANSFERS SALES TAX PLEDGES TO FUND CC-88-174 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 5-0. Mayor Matteson adjourned the City Council meeting at 9:37 p.m. until the next regular City Council meeting which will be held on Thursday, September 8, 1988 at 6:00 p.m. MAYOR of the City of Grand Terrace Council Minutes - 08/25/88 Page 13 CLERKDEPUTY CITY of the City of Grand Terrace CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 08, 1988 v A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on September 08, 1988, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis Evans, Councilmember — ABSENT: Thomas J. Schwab, City Manager/Finance Director Randy Anstine, Assistant City Manager David Sawyer, Community Development Director Juanita Brown, Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer Susan Shirley, Councilmember The meeting was opened with invocation by Mayor Pro Tem Pfennighausen, followed by the Pledge of Allegiance led by Councilmember Grant. Mayor Matteson reconvened City Council at 6:05 p.m. ITEMS TO DELETE City Manager Schwab deleted Item 3D -- August 25, 1988 Minutes and Item 5B -- Crime Prevention presentation which will be rescheduled for the next City Council meeting. SPECIAL PRESENTATION Mayor Matteson read a proclamation and proclaimed "National POW -MIA Day," September 16, 1988. CONSENT CALENDAR CC-88-175 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, SECOND BY COUNCILMEMBER GRANT, CARRIED 4-0 (COUNCILMEMBER SHIRLEY BEING ABSENT), to approve the remainder of the Consent Calendar with the removal of Item A -- Check Register No. 090888. B. RATIFY 9/08/88 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA Q_'QU JL AGENDA nM4 � J ✓ � �� E. WEED ABATEMENT CONTRACT WITH THE CITY OF SAN BERNARDINO ITEM REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION A. Approve Check Register No. 090888. Councilmember Evans referenced Check Number P5823 on Page 1 -- First American Title Process escrow for parkland site in the amount of $40,800.00, and stated for the record that he disapproved of this acquisition. CC-88-176 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, to approve the remainder of the Check Register except for Item P5823. Mayor Pro Tem Pfennighausen indicated for the record, she is against this acquisition. Councilmember Grant indicated for the record, he is 40 for this acquisition. Motion CC-88-176 carried 4-0 (with COUNCILMEMBER SHIRLEY BEING ABSENT). CC-88-177 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT, FAILED 2-2-0 (WITH COUNCIL MEMBER EVANS AND MAYOR PRO TEM PFENNIGHAUSEN VOTING NOE AND COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Item 5823 for the $40,800.00 that was spent on the park acquisition. Mayor Pro Tem Pfennighausen stated this is what is going to happen repeatedly with a four -member Council sitting on issues that have been controversial feeling it was time that the fifth member of this Council make her intention towards her service to this City, since it is a fact that 40 her house is vacant and she has moved to Colorado. Mayor Matteson replied he will investigate that and report back to Council at the next meeting. PUBLIC PARTICIPATION Dick Rollins, 22700 De Berry, G.T., reported on the Crimes wit in the City and appealed to the citizens of Grand Terrace to be on the look out for a faded red 1981 Toyota Sedan, license number ICZU 103, California. The individual has been committing burglaries in the southwest quadrant from DeBerry Street over to the City limits and Main Street west of Mt. Vernon Avenue. Council Minutes - 09/08/88 Page 2 Dick Yost, President of Chamber of Commerce, reported on the Chamber's upcoming events and read a proposal regarding the San Bernardino boundary line change. Councilmember Evans, Mr. Yost and Mayor Pro Tem Pfennighausen discussed the proposed boundary change. Ed. St. Germain I'm here with some observations and a couple of 12600 Warbler Avenue questions and a very deep worry that this City has once again managed to get itself into what is some times referred to as deep doodoo. I'm referring to the recent park acquisition. Let me start at the very beginning. I'm sure we all remember Mr. Petta coming out to this very podium and offering to act as broker for the City in finding and acquiring parkland and he agreed to waive any fee to the City. What he didn't mention and what you might not know and unless you're conversing with real estate laws, it is custom and practice in the real estate industry that any fees or broker's commissions are paid by the seller not by the buyer. Nonetheless, that offer was accepted and he immediately went out and discovered a parcel of property that was, in his view, perfect for park purposes and just by coincidence, I'm sure, he happened to be the broker for the seller for at least a couple of years. Now, we start getting into the problem, he's acting as broker for the City and acting as broker for the seller. As broker for the seller, he has a legal duty to obtain the highest possible price in the terms most favorable to the seller, as broker for the City he has a legal obligation to get the lowest possible price and the best terms for the City, which is an inherent conflict of interest. Now, the law does not prevent him from acting as broker in that capacity, but with that conflict of interest there is some very severe guidelines that have to be observed. Perhaps the most important of which, is that he is required to make a full disclosure to both parties, both buyer and the seller, of every single term of the transaction, including any benefits, including profits that he is going to take out of the deal and his own motives for acting as- broker in the deal. Now we get to the real sticky part of the problem. It's my understanding that no one in the City has ever been provided with a copy of the original Seller Brokerage Listing Agreement that would call out the amount of money that would line Mr. Petta's profits as a result of Council Minutes - 09/08/88 Page 3 this deal. Mr. Petta has not opened up his file in this matter or opened up his business books to reveal to the City how much money is going to line his pockets as a result of this deal. In short, there has not been the disclosure that is required by law. The rule is, if that disclosure is not made, regardless of the existence of any actual fraud, regardless of the existence of any fraudulent intent, if the broker does not cross every "t" and dot every "i" and fulfill every legal obligation he has, however, small, the law is going to look at that transaction as being fraudulent. So at this time it appears that the City has been maneuvered into a position where it is now a party to a fraudulent real estate transaction, what are you going to do about it? Mayor Matteson asked City Attorney Harper if he could address that? (jW City Attorney Harper I can address very little of it only because I don't know anything about the facts since it proceded me. It's generally my understanding that, and it's fairly recent understanding, not based upon anything that I've ever seen, but Mr. Petta brought the parties together, both the City and what I gather with his either current or former client, but that he made no money at all on the transaction, that was just part of the arrangement. I suppose that Mr. St. Germain is right that is something the City ought to be investigating and perhaps at the next Council meeting they can comment on it. Mayor Matteson asked City Manager Schwab if he could do that, investigate that and report to at the next meeting. Gene McMeans, Manager of Riverside/Highland Water Company, 1450 Washington, St., Colton, CA. reported tied over Phase IIB & D of the 24 inch pipeline replacement which the, started down Barton Road and Mt. Vernon in 1986; completed replacement of the 24 inch line from approximately the river to the Zone 1 reservoir with the exception of the properties that T.J. Austyn has in discussion at the present time and replaced most of it within the City limits, 18,957 ft. of transmission and distribution aids. Mayor Pro Tem Pfennighausen reported on the complaints she received from residents around Oriole and questioned the minimum water pressure requirements for residents. She had concerns regarding fire hydrant Council Minutes - 09/08/88 Page 4 pressure and requested City Manager Schwab to direct the fire department to check the pressure in that area of the City and report back to her. Mr. McMeans explained the requirements and informed that they have received complaints and have been directed to review the cost necessary to make a zone change in those areas and explained. He felt it was not the problem of not being sufficient pressure, but volume. He shared his feelings regarding the fire hydrants. Dan Buchannan, 22975 Grand, shared his concerns regarding preserving the City's palm trees. Tony Petta I was watching television and heard my name mentioned 11875 Eton Drive in vain and I felt the responsibility to come here and answer the questions of this individual who made the accusations. This is in reference to the parkland that we discussed. I might review for the Council what highly transpired. It was the Council who initiated the purchase of parkland. It was the Council who initiated seeking different parcels of parkland and the Council directed Staff to seek out certain available properties within the City of Grand Terrace for parkland and I volunteered my services to the City at no cost. And in addition, I said to the Council that if any renumeration resulted from the transaction that any benefit would revert to the City, that's what I said. A committee of brokers was put together from among the community, Phyllis Forbes, Barbara Bayus, Gene Carlstrom, Mike Brekenridge and myself. We met for the first time at the City Manager's Office and at that time, properties were already designated on a map for potential park sites and each broker was assigned a property to research and make contact and I was assigned that particular parcel. I didn't select it, I didn't volunteer it, it was Barbara Bayus who apparently, at a time prior, thought of that site as being a likely site for a park site and requested that it be put on the list together with other parcels. I was assigned that parcel and I used my professional acumen to do what was necessary for the City. As you remember, the price by the seller was considerably more than what was offered. And, the City Council took proper precautions prior to making an offer to authorize the expenditures of $1,500 to appraise the property and then it was the City Council that made the offer, and I was the middle man who then relayed the offer of the City Council to the owner who lived out-of-state. And when the owner accepted the offer, it was on the basis of that offer and the verbal Council Minutes - 09/08/88 Page 5 acceptance by the seller that answer was opened. Every "i" was dotted and every "t" was crossed during the escrow's transaction. It's been verified, all of the information that exists is in escrow and through escrow. Every dime as it was spent was recorded in escrow and the City will receive a closing statement detailing how every dime was spent, what the seller received; what the seller had to pay in cost; what the City had to pay in costs and what the broker received in compensation, if any. Those are the dots of the "i's" and the "t's" crossed. If anyone, including the accuser, can prove otherwise, then they should come up with facts, not just accusations. Ed St. Germain I come here not as an accuser, but as a questioner. The facts are for Mr. Petta to prove. I thank him for a very impassioned speech by an obviously very nervous individual. I would ask what he has to be nervous about. It is his legal duty to make the disclosures. He has completely missed the issue with his speech. It 4, is not who did what when, but whether he fulfilled his legal obligations to the City and, if he did not, regardless of any actual fraud, regardless of any fraudulent intent, in the eyes of the law, the transaction is fraudulent. Mayor Matteson stated that he agreed with Mr. Petta, if Mr. Germain didn't have any facts, he should not be making any accusations. BarneyKar, er, 11668 Grand Terrace Road, G.T., shared his feelings regarding Mr. Petta feeling he has done what he was supposed to do legally and morally. He felt the Roberts' property was not worth what was being asked and felt it is a bad piece of land. Councilmember Grant, concurred with Mayor Matteson's comments regarding the facts and agreed with Mr. Karger's comments regarding Mr. Petta. Mayor Matteson requested Mr. Petta's comments to be verbatim for the record for future references, stating that copies of all of the escrow papers and charges will be available at City Hall if anyone wishes to see them. Mayor Pro Tem Pfennighausen statement should also be complete the package. Council Minutes - 09/08/88 Page 6 felt that Mr. St. Germain's verbatim for the record to ORAL REPORTS A. Committee Reports 1. Emergency Operations Committee a. Appointment of Ping Le May CC-88-178 MOTION BY COUNCILMEMBER GRANT, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to accept the appointment of Mrs. Ping Le May to the Emergency Operations Committee. Mayor Pro Tem Pfennighausen reported that Mrs. Le May speaks five different oriental languages and it was because of the large population of orientals within the City of Grand Terrace that she felt her services might be invaluable. b. Minutes of July 17, 1988 4 Council accepted the Emergency Operations Committee's Minutes of July 17, 1988. B. Council Reports Mayor Pro Tem Pfenni hausen, requested that when all of the escrow is completed on the Roberts' parcel, that package be placed in the reading box or that Councilmembers get a copy of all of the escrow instructions. UNFINISHED BUSINESS City Manager Schwab reported that at the last Council meeting the City Council was considering the possibility of placing speed bumps on the alleyway 60 between Mt. Vernon and Holly and that he had indicated to Council that he would like to be able to inform the residents adjacent to that of what our possible intentions were and asked them to either come to the Council meeting to talk about it or contact the Councilmembers or himself. For the record he received three letters from residents. For the record the following are Grand Terrace residents who voiced opposition to the speed bumps: Dave and Linda Snyder, 11878 Holly Mr. Wrenfro Col. Tom Teorey, 11810 Holly Homer H. Howell, 11821 Mt. Vernon Avenue Council Minutes - 09/08/88 Page 7 William Drexel, 11792 Holly Richard Vance, 11732 Holly Jack Booker, 11785 Mt. Vernon Avenue Councilmember Grant readla few comments from the letter he received from Mr. Snyder for the record: 5 mph speed limited that is posted on that alley, no one complies with that limit, therefore, it's an inappropriate speed; speed bumps are a nuisance and generally do not slow up those who the intent is for; the proposal of installing speed bumps at 100 ft. is not practical and we should use the citizen patrol with a radar device and empower them to write citations. Councilmember Grant explained that his comments were to provide or obtain input from his colleagues on the Council and shared his feelings regarding speed bumps; setting certain lengths in which the speed bumps should be placed. Mr. Homer Howell Mr. Howell questioned whether the City owned all of the alleys in the City, reporting that they are all in bad shape and in need of maintenance and if radar signs had to be posted in the vicinity of the intended use or within the district? The response was, "no." Mayor Matteson returned the issue back to Council. Councilmember Grant commented on the ideas received from the residents and suggested that Staff should see what other alternatives they can come up with. Mayor Matteson felt, if the residents could get the license number of the offender(s) and turn the information over to City Hall, a follow-up could be done to try to take care of this situation. Mayor Pro Tem Pfennighausen shared her feelings regarding speeding through the alleys and felt law enforcement was the best way to put a stop to it. Councilmember Evans shared his feelings regarding how to put a stop to the speeding and recommended sending a diplomatic type letter to the offender(s). He offered to educate the public on driving safely. PUBLIC HEARINGS 6A. A Revision of Item 13 of the City Fee Ordinance. Community Development Director Sawyer read his Staff Report, and recommended that the City Council approve Council Minutes - 09/08/88 Page 8 the attached revisions to Section A, B, & C of Item 13 Ordinance Number 108, City Fee Ordinance. Mayor Matteson questioned whether a review had been done and what the financial outcome would be to the City. Community Development Director Sawyer replied no to the review and explained that some of the fees will be reduced drastically and that the Conditional Use Permit is being cut in half with hope of more people complying with the law and coming in for permits. Mayor Pro Tem Pfennighausen shared her concerns regarding Item 17 -- Political Signs regarding the increase in fees and when an election sign can be put up. City Attorney Harper explained that there has been a number of court cases in the last couple of years which say a City cannot charge for political signs, feeling it would be better to leave the fee out entirely, including the deposit. Mayor Pro Tem Pfennighausen asked if that Section regarding political signs could be deleted. City Attorney Harper replied, that is his suggestion. Mayor Matteson felt it was not legal. Councilmember Evans pointed out that this is the first reading and that the second reading will be held at the next meeting, questioned the time limit on posting of political signs and reverted back to a decision from the United States District Court regarding City ov of Antioch vs. Candidates Graphic Service. City Attorney Harper explained State courts have gone back and forth on this discussion and there isn't any existing laws stating when a political sign can be posted before and after an election in the District courts. Councilmember Evans referred to the schedule, questioned if most of the fees were remaining the same. Community Development Director Sawyer explained that several of the fees are being changed and explained where the substantial changes were and what they included. Council Minutes - 09/08/88 Page 9 Councilmember Evans had questions regarding what was being proposed. Community Development Director Sawyer went over the existing and proposed fees explaining changes and reasons. CC-88-179 MOTION BY COUNCILMEMBER EVANS, SECOND BY COUNCILMEMBER GRANT, approved the first reading of the Fee Ordinance with the deletion of the political sign section. Mayor Matteson questioned why the drop of the Conditional Use Permit from $750.00 to $550.00? Community Development Director Sawyer explained that he had originally brought it down from $1,141.00 to $750.00, but that was with three breakdowns and he decided it would be simpler and easier for the applicant and staff if these three types of applications were the same. In the future, if we do feel we do more work then the CDU fee covers, we may 40 have to come back and ask for a raise. He pointed out that in several cases CDU Permits and Site and Architectural Review is required on the same project. Motion CC-88-179 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT). 6B. Approval of Tentative Parcel Map 88-1 and Tentative Tract Mao -2 iverside ig and aterCompany/Barney Karaer Community Development Director read his Staff Report; responses received from various agents; read the proposed subdivision of the engineer's comments and conditions and gave staff recommendations regarding palm trees on public right-of-way. He stated that the AW Planning Department and Planning Commission recommends that City Council adopt the attached resolutions approving TTM-88-1 and TM-88-2 subject to the conditions contained therein and approve the Negative Declaration. PUBLIC HEARINGS Gene McMeans, Manager of Riverside/Highland Water Company, gave a presentation on what has been done and what will be done to meet the City's requirements to get this project approved. BarneyKar, er, shared the plans for the trees and maintenance of the trees. Council Minutes - 09/08/88 Page 10 Mayor Matteson expressed concerns regarding drainage downstream, Bill McKeever, 647 N. Main Street, Engineer for* the applicants, explained their plans they developed regarding the drainage that comes down in a free -flow condition. Dennis Kidd, 22874 Pico Street, stated he was in favor of the project and gave his reasons. Being there was no more public participation, Mayor Matteson reverted the issue back to the City Council. Councilmember Evans questioned the actual level of the pad and turning movements and median along Pico and access in and out of those homes on the north side. Mr. Karger, explained the lots that would be affected and what needs to be done to take care of the whole 4, area. Councilmember Evans questioned Steven Fox's subdivided property and the impaction he will entail. Community Development Director explained the property was subdivided into two individual lots, both will have access to Pico Street, feeling that both will be impacted. Councilmember Evans questioned the status with T.J. Austyn property to the west of this development. City Attorney Harper replied that all of the discussion that has taken place so far has between him and the attorney representing T.J. Austyn, specifics of where we stand with litigation will be discussed in closed session which he will ask for at the next meeting. Councilmember Evans had concerns regarding a letter received from the School District and questioned the status of our schools as far as impaction. Community Development Director explained what he believed the letter meant. Mayor Pro Tem Pfennighausen shared her feelings on the palm trees; letter from the School District and flow control on Pico Street. Council Minutes - 09/08/88 Page 11 CC-88-180 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT, to approve the project with retention of the palm trees. Councilmember Evans inquired if we are still going to keep the palm trees and are they still going to have the condition as far as having to turn into these two parcels? Mayor Matteson stated as pointed out it will be a better project if we don't cut in ..... Councilmember Evans asked Mayor Matteson if he was saying as it's reflected on that blueprint, as far as 17 & 18 and the one on the southside, palm trees and the median would be retained and the people there will have the inconvenience to go 100 ft. and around. Mayor Matteson replied, "right." Community Development Director suggested taking a look at those lots regarding breaking into the median which would not entail.removing all of the palm trees and the ones removed can be worked into the project on private property. Motion CC-88-180 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT). Council recessed at 8:17 p.m. Reconvened at 8:32 p.m. UNFINISHED BUSINESS 7A. Additional Analysis of the City's General Plan by Wildan & Associates. 0, Mayor Matteson indicated having two problems: (1) figures need adjusting, (2) some of the property owners were not not•i fi ed that we were going to be discussing this issue. Mr. Hauss stated they have been working all morning trying to resolve all of the numbers and we could not. There was a parcel mismanaged when it came to cranking out the numbers. I don't think it's really going to change the recommendation of how it's going to come out on the report. Mayor Matteson asked if he wanted to talk about it this evening or come back at a later date. Council Minutes - 09/08/88 Page 12 Mr. Hauss felt it would be best to come back at a later date and would be a great opportunity to invite the property owners. Mayor Matteson suggested to schedule this for the next meeting and directed City Manager Schwab to notify all of the owners in that area that we will be discussing this. Councilmember Evans stated that he failed to see street widening of DeBerry, Van Buren and Pico in Mr. Hauss' analysis. He pointed out that in the General Plan of 1984, they show that those streets are to be widened to four lanes. In the plans presented to Council in April or June dealing with the business park concept, you then said that those streets would not have to go to four lanes they could be a collector width, now since everything has changed on the land use, he wanted to know what the width of those streets would be. NEW BUSINESS 7A. Signalization at Mt. Vernon and Canal. City Manager Schwab read his Staff Report and recommended that the City Council appropriate $85,000.00 from the Street Fund for the expenditure. Staff is recommending that Council authorize Staff to draw up specifications and go out to bid in conjunction with our Barton Road improvements which should start in early January, 1989. Mayor Pro Tem Pfennighausen commended Staff for recommending this particular action and gave her reason for doing so. Mayor Matteson asked if there was any study to show the amount of traffic that would be using that signalization from the north and south. City Manager Schwab replied Staff has traffic count on Barton Road, but was not sure if there was a count from Canal Street. Councilm.ember Evans felt that at sometime around 1985 or thereafter, there was a recommendation for signalization at that corner. Council Minutes - 09/08/88 Page 13 City Engineer Kicak replied they were both alluded to the Traffic Safety Engineer, but the traffic study that was done in conjunction with that whole triangle was the one that stated that eventually there would be a need for a traffic signal. CC-88-181 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Staff's recommendation. 8B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE REPEALING EXISTING CH .0 AND REENACTING CHAPTER 8.04 OF THE GRAND TERRACE MUNICIP L PERTAINING 0 NUISANCE B M NT. City Manager Schwab read his Staff Report explaining the changes, stating that Staff's recommendation is to adopt the first reading and set a public hearing for September 22, 1988. 4, Mayor Matteson asked if we were still maintaining Chapter 8.04 and we're just revising that chapter, is that correct. CC-88-182 MOTION BY MAYOR MATTESON, SECOND COUNCILMEMBER EVANS, to approve an Ordinance of the City Council of the City of Grand Terrace repealing existing Chapter 8.04 and reenacting Chapter 8.04 of the Grand Terrace Municipal Code pertaining to Nuisance Abatement. Mayor Pro Tem Pfennighausen, for clarification questioned: Section 8.04.O10C, approved setback and property lines set by the County not under the Code that it is presently under; language in our Code; Code accommodating residents who have lived here for 25 years; private business owners to maintain the litter, dirt or debris in vestibules, doorways or adjoining sidewalks to the buildings as well as property owners; City Attorney Harper explained that it doesn't apply to those structures which were erected prior to the Code being enacted, excluding safety. Mayor Matteson explained that is not just that, this addresses the Code and if this is a Code problem we should change the Code. City Attorney Harper stated that the only thing this addresses is that you can't build in violation of the Code. Someone who builds a structure that is not permitted in the Code is in violation of the law today and the City can pursue them criminally. The issues that you raised may need to be addressed in the Code. Council Minutes - 09/08/88 Page 14 Generally, they are handled through some variance mechanism or some language which grandfathers in where those situations where the house was built with different setbacks and make it impractical to build. Generally speaking, there is a provision for variances, but that's in the application process and usually Staff works very carefully with that type of applicant recognizing the problems. This particular nuisance abatement doesn't change any of that, none of the options or responsibilities are any different. Mayor Matteson felt if they are unhappy with that all they have to do is change the Code, this only enforces whatever Code Council set. City Attorney Harper stated that this type of Ordinance addresses weeds, car bodies, or a trailer in the backyard and runs an extension cord from the back of the house to the trailer, these types of things. Mayor Pro Tem Pfennighausen indicated No. 16 - overcrowded, questioned what's considered overcrowded. City Attorney Harper explained that the Building Code requires a minimum sq. ft. per person, these are judgment clauses which is the purpose of providing due process. Community Development Sawyer felt there was something in the Health and Safety Code regarding determination of square footage for Redevelopment Agencies where they have a definition for overcrowding. City Attorney Harper stated beyond that, there is a building Code definition for the purposes of Health and Safety and what constitutes overcrowding. At least there is an obligation to provide a certain amount of sq. ft. per person. Mayor Pro Tem Pfennighausen indicated Page 6, Numbers 23 and 24 - questioned if that language was presently included in the current Ordinance or was this a new language. City Attorney Harper explained this has to do with ample storage, camper shells, required side and front yard setbacks, outside storage of boats, etc. Community Development Director Sawyer explained that the current Code, as far as our Zoning Code goes, does not have any prohibitions against the storage of recreational -type vehicles in front or side yards. Council Minutes - 09/08/88 Page 15 Mayor Pro Tem Pfennighausen felt this would be a substantial change. City Attorney Harper stated this was not the intent and if that's the case.... Community Development Director Sawyer felt this may be something to bring before the City Council. Mayor Pro Tem Pfennighausen felt this was something that should be looked at carefully before we included it into something like this. City Attorney Harper concurred, explaining it was not his intent to change the substance of the code. Mayor Pro Tem Pfennighausen indicated Section 8.04.1603, Page 13, - Vehicles and parts thereof may be disposed of by removal to a scrap yard. City Attorney Harper explained that is what happens under Vehicle Code Section 22660. Mayor Pro Tem Pfennighausen indicated Section 8.04.190E, explain starting at thereafter, what the rest of that means. City Attorney Harper explained that if you put up bail and then do not appear at the arraignment, you forfeit the bail, the bail is the same as a fine, the same as a parking ticket. Keep in mind that we need this language, the purpose of the nuisance abatement principle is not to set forth the citation procedure, but to set forth procedures we don't have covered. Mayor Matteson pointed out that there was a motion on the floor. Mayor Pro Tem Pfennighausen stated with the understanding that Items 23 and 24 are to be removed from the motion. Councilmember Grant pointed out it is up to the maker of the motion. Mayor Matteson replied, he would change the motion if the second concurs. Councilmember Evans stated that he understand why the City Attorney put it in there and would just as soon leave it in and if it needs further clarification, that's what he needs to address. Council Minutes - 09/08/88 Page 16 City Manager Schwab replied that he will have Staff go ahead and highlight anything that's been added because there may be sections that are in addition to this and then we can take it at it's merit. Mayor Matteson stated the motion stands as it was originally made and seconded. Motion CC-88-182 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to approve an Ordinance of the City Council of the City of Grand Terrace repealing existing Chapter 8.04 iiand al Code cting Chapter pertaining 0 4 of the Grand pertain ng to Nuisance Abatement. Terrace p 8C. Civic Center/Fire Station Heat/Ventilation Maintenance Pro osa . City Manager Schwab read his Staff Report, stating that Staff's recommendation is for Council to authorize the Mayor to sign the Maintenance Agreement and authorize tranfers Items to �ccover the8,344 m cost of thethe y contractand s Maintenance L for the balance of the fiscal year. Mayor Pro Tem Pfennighausen asked if they had looked at the situation within our building regarding the different temperatures throughout the building. City Manager Schwab replied part of the analysis was to take a look at balancing the system within the administrative building, which would require replacing many of the thermostat units in order to balance the system. He explained that Honeywell would automatically turn everything on and off at certain times each day. Mayor Matteson felt this could be done by Staff with some type of remote control system. City Manager Schwab explained it could be done by an inhouse system, but in the Civic Center you are looking at 20,000 sq. ft. with approximately 65 thermostats and 10 compressor units and this is a more complex system. Councilmember Evans stated what you are saying is that these people have the expertise to do the job, City Staff does not. City Manager Schwab replied we do not have the expertise to do it at this level, other than shutting everything off when you walk out the door and turn it on when you me come in. You have to consider the library, g room, this room and the administrative all have separate hours. Council Minutes - 09/08/88 Page 17 Mayor Matteson felt City Manager Schwab was on the right track, but we should look into some type of system where the City can benefit the savings ourselves. Councilmember Evans questioned what alternatives did the City Manager have to the Mayor's suggestion? City Manager Schwab replied Staff has not really studied it, but could probably split up, at least the three zones which includes the meeting room, library and this room because they substantially operate like a home system, but the administrative building, I cannot imagine there's anyway with the amount of balancing and all of the thermostats in that part of the building that we could come up with. CC-88-182 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, to approve Staff's recommendation for one year on that type of foundation and see how that works. 4 She questioned if there was anything in the contract that could get us out of it at the end of any particular time if it's not effective. City Manager Schwab replied that there is a clause that states that pricing is based on an effective date of July 26, 1988 and the contract price would be escalated based upon the final effective date of the contract. Talking to Honeywell, they indicated that this is a price based on a three-year maintenance schedule and if we bail out of it before the three years, they would adjust their fees based on the length of time that we're in the contract. Mayor Pro Tem Pfennighausen stated what you are saying is that one year or three years will probably be the same, they are going to figure out a way to make one year cost almost as much as three years. City Manager Schwab replied he did not know if it would be quite that drastic, but it would increase. They are looking at three years in order to look at energy savings, the cost of that contract. Councilmember Evans asked City Manager Schwab what alternatives had he explored except with Honeywell? City Manager Schwab replied he did not have anyone come out, but could try what Byron said regarding having some air conditioner person try to work up something that turns things on and off, but what we are looking at is at a very conservative level. He pointed out that Council Minutes - 09/08/88 Page 18 $35,000.00 a year is what he considered in the analysis for the maintenance cost and Honeywell was allowing up to two compressor failures per year ;and as the system gets older. He felt that $3,500.00 a year to maintain all of the systems at the fire station and at the Civic Center complex was a conservative estimate and felt that we are going to gain something in energy savings over the cost of this contract in that three-year period. Mayor Matteson stated that they are guessing that they are going to save us $27,000.00, but we know it is going to cost us $37,000.00. City Manager replied that are guaranteeing that there will be $27,000.00 in utility savings or they will make up the difference. Mayor Matteson felt there is a need to explore some other possibilities and, then, if there is nothing better, then go for this. Councilmember Evans concurred with Mayor Matteson feeling this should be continued until an investigation has been made on other alternatives, then brought back to Council. City Manager Schwab agreed to look for other alternatives, explaining that all of the equipment hanging on the walls are made by Honeywell. Motion CC-88-18 failed 2-2-0 ( WITH MAYOR PRO TEM PFENNIGHAUSEN AND COUNCILMEMBER GRANT VOTING AYE, COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Staff's recommendation for one year on that type of foundation and see how that works (Honeywell). A„ Mayor Matteson adjourned the City Council meeting at 9:30 p.m. until the next regular City Council meeting which is scheduled to be held be held on Thursday, September 22, 1988 at 6:00 p.m. DEPUTY CITY CLERK of toCity--of Grand Terrace MAYOR of the City of Grand Terrace Council Minutes - 09/08/88 Page 19 HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Minutes of the August 1, 1988 Meeting The meeting was called to order at 7:05 PM by Chaizman.Viola Gratson. Those present were Ann Petta, Vi Gratson, Hannah Laister, Irene Mason, and Pauline Grant. Randy Anstine was also present. Linda Lee Laufer was absent. The secretary's report for July was read and approved. Ann made the motion to accept, seconded by Irene. Treasurer's report was incomplete due to the flyers for the Country Fair having been paid for and the kit purchased by Hannah to be raffled off at the fair having been paid for also. These items have been taken from our budget. Quilt Display at Country Fair: Viola will discuss this item with the woman who requested it so that we will know what size room, how many quilts she will have,etc. This will than be discussed at the next meeting. Application from Marie Schmidt: Application for membership in the Committee was received from Marie Schmidt. Approval was made by the Committee. Irene made the motion, Vi seconded. The secretary will send a report to Council. Show Case: Discussed with Randy items received from Italy.. He suggested that we make a Commission report to Council for Staff to recormenda permanent place for these items since they are valuable. Ann made the motion to do this, seconded by Viola. The Committee will meet Wednesday, August loth at 7 PM at Viola's home to work on the scrapbooks. Country Fair: Flyers ready to go out with sewer billings. Posters will be prepared. We need a sign for in front of the Community center to cover the Bingo Sign - COUNTRY FAIR TODAY. Randy showed us a brochure and will call about sizes, colors, etc. Viola ordered a file cabinet from Randy for our papers. The next meeting will be September 12th due to Labor day. The meeting was adjourned at 1:45 PM. Pauline made the motion, seconded by Irene. Respectfully submitted, s1 ,� Hannah Laister, Secretary MUNCIE AGENDA lU Z CpMMIS510N AND COMMITTEE REPORTS COUNCIL MEETING DATE: COMMISSION/COMMITTEE: SUBJECT: PROBLEM: Facts: ALTERNATIVES: n SOLUTION: REQUESTED ACTION TO BE TAKEN BY COUNCIL AND/OR STAFF: -z' 6 DATE: W4=1� AOLNOA rrEM CITY OF GRAND TERRACE APPLICATION FOR CITIZEN SER`/ICE COMPLETE AND SUBMIT TO CITY CLERK'S OFFICE AS A MEMBER OF: NAME: MA IzK ADDRESS • o�Z_C�v� 2. KENrF( eL-D 5T &EAN �c��cc f C� GIzJ�� HOME PHONE: S3 - 3 S6S OCCUPATION: P0t.10E Or-r-7C=CTZ M BUSINESS PHONE: 3 % d — Sd 1l T-'Otil ( CITY OF CAC-T-ON %0CATION: (List highest year completed and all degrees) /.5 Are there any workday evenings you could not meet? Yes ( ) No K If so, please list: Why are you interested in this position: fILJCE Z L \/C /N G� 1D T�j7pRAf - VWA What do you consider to be your major qualifications? Q EEE// ,4 S LJU2A PO L-1 Gc OFFS CC/�z FOR � ft2,P-S AND Pf2 6GNTLY S Pc—�lA-U Z C IAA REFERENCES: I . /_ r « ���w c, LnLTOI� t'v a cE Dec- MAPaK / os ciomep,-Y - 7�53 Please attach a written statement containing any additional information you feel be useful to the City Council. i S T A F F R E P O R T DATE: 9-15-88 C R A ITEM ( ) COUNCIL ITEM (X) MEETING DATE: 9-22-88 AGENDA ITEM NO. SUBJECT: Nuisance Abatement Ordinance FUNDING REQUIRED NO FUNDING REQUIRED 4W DISCUSSION: IM On September 8, 1988 your Council considered a new nuisance abatement ordinace. At that time Council directed staff to review certain portions of the ordinance, make any necessary changes and bring it back to the Council for a public hearing. Staff has reviewed the portions discussed and made a couple minor changes which are identified in the attached ordinance. RECOMMENDATION: Staff recommends the City Council hold the scheduled public hearing and approve this ordinance with its second reading. Respectfully Submitted by David Sawyer, Co*unity Development Director ,.,.i -.A,UW-1L AGENDA ITEM 1p�j DRAFT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE REPEALING EXISTING CHAPTER 8.04 AND REENACTING CHAPTER 8.04 OF THE GRAND TERRACE MUNICIPAL CODE PERTAINING TO NUISANCE ABATEMENT WHEREAS, Government Code Section 38771 et seg., provides that the City Council may declare what constitutes a public nuisance and provide for procedures for the abatement thereof; and WHEREAS, Vehicle Code Section 22660 et seg., provides that the City Council may enact an ordinance for the abatement and removal of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as a public nuisance; and WHEREAS, Penal Code Section 370 et seg., provides that persons maintaining a public nuisance are guilty of a misdemeanor; NOW, THEREFORE, the City Council of the City of Grand Terrace does ordain as follows: SECTION 1. That Chapter 8.04 of the Grand Terrace Municipal Code is hereby repealed. SECTION 2. That Chapter 8.04 of the Grand Terrace Municipal Code is hereby adopted as follows: "CHAPTER 8.04 NUISANCE ABATEMENT 8.04.010 Chapter Purpose. (a) In order to further the stated goals of the City of Grand Terrace and to protect its citizens and their property from conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public -1- DRAFT NO. 1 in such ways as to be a nuisance, the City Council has determined that an ordinance is necessary to effectively abate or prevent the development of such conditions in this conmmunity. (b) It is the intention of the City Council, in adopting the ordinance codified herein, to set forth guidelines for determining what conditions constitute a nuisance; to establish a method for giving notice of the conditions and an opportunity to correct them; and finally, in the event the nuisance is not corrected, to provide a procedure for a hearing and determina- tion of the facts and manner in which the conditions shall be corrected or removed. (c) It is the purpose of the provisions of this chapter to provide a just, equitable and practical method, to be cumulative with and in addition to any other remedy available at law, whereby lands or buildings, structures, and fences which are erected in violation of zoning or other Municipal Code requirements, or are dilapidated, unsafe, dangerous, unsanitary, cluttered with weeds, debris, or abandoned machinery or equipment, or are a menace to life, limb, health, morals, property, safety and the general welfare of the people of this City or which tend to constitute a fire hazard or a nuisance may be required to be repaired, vacated, demolished, made safe, or cleaned up by removal of the offensive conditons. (d) In addition to the abatement procedures provided herein, this ordinance declares certain conditions to be public nuisances and provides that such conditions are unlawful and that violations are a misdemeanor. 8.04.020 Declaration of Nuisance. (a) Each of the following conditions is hereby declared to constitute a public nuisance, and whenever the hearing officer or Planning Commission determines that any of such conditions exist upon any premises they may require or provide for the abatement thereof pursuant to this chapter and make the costs of abatement a lien upon the property: DOM DRAFT NO. 1 (1) Any public nuisance known in law or in equity jurisprudence; (2) Buildings which are abandoned, partially destroyed, or unsafe as defined in the adopted Uniform Building Code, or left in an unreasonable state of partial construction. An unreasonable state of partial construction is defined as any unfinished building or structure which has been in the course of construction two years or more, and where the appearance and other conditions of the unfinished building or structure substantially detracts from the appearance of the immediate neighborhood or reduces the property values in the immediate neighborhood. (3) Unpainted buildings and those having dry rot, warping, or termite infestation. Buildings on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, 40 or termite infestation so as to render the buildings unsightly and in a state of disrepair. (4) Buildings, structures or fences erected and/or maintained in violation of the City of Grand Terrace's Zoning regulations as set forth in Chapter 18 of this Code. (5) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief. (6) Building exteriors, walls, fences, driveways, side- walks, and walkways which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements. (7) The accumulation of dirt, litter, or debris in vestibules, doorways, or the adjoining sidewalks of a building. (8) Lumber, junk, trash, salvage materials, rubble, broken asphalt, concrete, water, containers, scrap metal or other debris stored on a property such that they are visible from a public street, alley, or adjoining property. -3- DRAFT NO. 1 (9) Attractive nuisances dangerous to children, including abandoned, broken, or neglected equipment and machinery; hazardous pools, ponds, and excavations; abandoned wells, shafts, or basements; abandoned refrigerators or motor vehicles; any structurally unsound fence or structure; or any other lumber, trash, garbage, rubbish, refuse, fence, debris, or vegetation which may prove a hazard for inquisitive minors. (10) Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets, or other household appliances or fix- tures or equipment stored so as to be visible at ground level from a public street or alley or from adjoining property. (11) Construction equipment, supplies, materials, or machinery of any type or description parked or stored in any zone other than the M-R "Restricted Manufacturing Distrlextc�ep dwhile ndustrial District", excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property. (12) Improper maintenance of signs relating to uses no longer conducted or products no longer sold on the property. (13) Maintenance of property so out of harmony or confor- mity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. (14) Vehicles parked in required front or side yard setbacks in a residential zone except when such vehicles are operative, have current licensing and are parked on a paved drive approach to a required garage or other permitted driveway. (15) Property maintained in relation to others so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular areas are inadequate for the cost of public services rendered therein. DRAFT NO. 1 (16) Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined in California Civil Code Section 3480, including, but not limited to, anything dangerous to human life or detrimental to human health, or any habitation that is overcrowded with occupants or that lacks adequate ventilation, sanitation or plumbing 06 facilities, or that constitutes a fire hazard. (17) Dead, decayed, diseased, overgrown or hazardous trees, weeds, and vegetation, cultivated or uncultivated, which is likely to harbor rats or vermin, or constitute an unsightly appearance, or is detrimental to neighboring properties or property values. (18) Clotheslines in front yard areas and in side yard areas of corner lots. (19) Any wall, fence, or hedge maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property or to cause depreciation in the value of any adjacent or neighboring property. (20) Any property with pooled oil accumulation, oil or other hazardous material flowing onto public rights -of -way, or excessive accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, buildings, walls, or fences, or on any public street or property. (21) Any landscaped setback areas which lack appropriate turf or plant material so as to cause excessive dust, allow the accumulation of debris, or to cause depreciated values of adjacent or neighborhood properties. (22) Any condition of vegetation overgrowth which encroaches into, over or upon any public right-of-way including, but not limited to, streets, alleys, or sidewalks, so as to constitute either -a danger to the public safety or property or an impediment to public travel. -5- DRAFT NO. 1 (23) The outside storage of camper shells in any required front or side yard other than on an operable and licensed pick-up truck parked in a lawful manner. (24) The outside storage of boats, catamarans, dinghys, vessels, or other watercraft in any required front or side yard other than on a validly licensed trailer parked in a lawful manner. (25) A swimming pool, pond or other body of water which 4W is unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water which contains bacterial growth, algae, remains of insects, remains of deceased animal life, rubbish, refuse, dirt, debris, papers, chemicals or other matter or material which, because of its magnitude, nature or location, constitutes an unhealthy or unsafe condition. 8.04.030 Unlawful Property Nuisances. It shall be unlawful for any person owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the conditions set forth in Section 8.04.020 shall exist. The procedures for abatement set forth in this chapter shall not be exclusive means by which such conditions may be abated and shall not in any manner limit or restrict the City from enforcing other City ordinances or provisions of the Municipal Code or from abating public nuisances in any other manner provided by law. 8.04.040 "Abandoned" Defined. For purposes of this chapter the term "abandoned" shall, in addition to such other definitions that may be provided by law, mean and refer to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned: (1) Present operability and functional utility; (2) The date of last effective use; (3) The condition of disrepair or damage; (4) The last time an effort was made to repair or rehabilitate the item; DRAFT NO. 1 (5) The status of registration or licensing of the item; (6) The age of the item and degree of obsolescence; (7) The cost of rehabilitation or repair of the item versus its market value; (8) The nature of the area and location of the item. 8.04.050 "Owner" Defined. The terms "owner" and "property owner", as used in this chapter, and unless otherwise required by r the context, shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City. 8.04.060 Initiation of Proceedings. Whenever the City Manager determines, based on the recommendation of City staff, that any premises within the City may be maintained in such a manner as to constitute a public nuisance, then the City Manager may direct that a public hearing be conducted to ascertain whether the same $, constitute a public nuisance. The notice shall describe the premises involved by street address, legal description or assessor's parcel number, shall give a brief description of the conditions constituting the nuisance, and a brief statement of the proposed methods of abatement. The City Manager may also appoint a hearing officer to conduct the nuisance abatement hearing who may be the Assistant City Manager, Director of Planning or any other person deemed appropriate. The notice shall advise the owner what corrections need to be done to avoid a public hearing, may suggest methods for correction, and shall provide a reasonable period to make those corrections. 8.04.070 Notice of Hearing. The City Clerk shall cause the notice of the hearing to be served upon the owner of the affected premises by providing a certified copy of the notice of the time, date and place of the hearing and of the appointment of the hearing officer. -7- DRAFT NO. 1 Such service shall be made by registered or certified mail, addressed to the owner at the owner's last known address as shown upon City records or the last equalized taxroll, whichever appears to be the more reliable address. The City Clerk may also cause the property to be conspicuously posted with the notice, and such posting shall constitute adequate service in the event that mailed notice is not delivered for any reason. The notice shall be mailed or posted so as to give at least fourteen days notice of the hearing. 8.04.080 Form of Notice. The notice given shall be provided in substantially the following format: 'NOTICE OF HEARING ON ABATEMENT OF NUISANCE A hearing will be held at on at City Hall, 22795 Barton Road, Grand Terrace, before the, , acting as hearing officer, to determine if the premises at constitutes a public nuisance. The conditions constituting the public nuisance include the following: A public hearing may be avoided if the following corrections are made at least two days before the date set for the hearing: If it is determined that the property constitutes a public nuisance, the following abatement action may be taken by the City if the owner has not taken corrective action: :1.119 DRAFT NO. 1 If abatement action is taken by the City the costs of the abatement will be assessed against the property and will attach as a lien until paid. All persons having an interest in this matter may attend the hearing and give testimony and evidence which will be given due consideration.' 8.04.090 Hearing. At the time stated in the notice, the hearing officer shall hear and consider all relevant evidence 6r relating to the condition of the property. The hearing may be continued from time to time. Upon the conclusion of the hearing, the hearing officer shall determine whether the premises constitutes a public nuisance. If the hearing officer determines that a public nuisance exists, the hearing officer shall declare such premises to be a public nuisance and order the abatement of the same by the property owner within a specified time. Such declaration shall contain a 4W detailed list of needed corrections or abatement methods. A copy of the declaration shall be served upon the owner in the same manner as the notice of hearing. 8.04.100 Appeal. Any person entitled to notice of the hearing who has participated in that hearing and who is dissatisfied by the determinations of the hearing officer, may appeal those determinations to the Planning Commission by filing an appeal with the City Clerk within ten days of the date of being first apprised of those determinations and by paying the appeal fee set by resolution. The appeal shall specify: (a) A description of the property. (b) The abatement proceedings appealed. (c) The owner's legal or equitable interest in the property. (d) A statement of disputed and undisputed facts. (e) A statement specifying that portion of the proceedings that are being appealed, together with any evidentiary or supporting materials that would support the appeal. (f) A verification of the truth of all matters asserted. No DRAFT NO. 1 The Planning Commission may limit the issues on appeal, may consider the record produced before the hearing officer, and may allow additional evidence to be produced. Notice shall be provided to the appellant utilizing substantially the same procedure as required for the hearing before the hearing officer. In said notice the appellant will be apprised of the scope of the appeal. The decision of the Planning Commission shall be the 6r final and binding action and the property owner shall be so notified of its determinations. 8.04.110 Abatement of Nuisance by City. If the nuisance is not completely abated by the date specified in the hearing officer's declaration, or in the Planning Commission's determin- ation, as appropriate, the City Manager may immediately cause the same to be abated by City personnel or under private contract. The hearing officer or Planning Commission are also authorized to grant reasonable extensions on the time period for abatement based on a proper showing by the property owner of extenuating circumstances made before the date of City abatement. The owner of the premises shall be liable to the City for all costs of such abatement, including administrative costs. 8.04.120 Cost Accounting: Notification. City personnel, or any private contractor authorized to abate the nuisance, shall keep an account of the cost, including incidental expenses, of abating the nuisances on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the City Council by showing the cost of abatement by rehabilitation, demolition, or repair of the property, buildings or structure, including any salvage value relating thereto. A copy of the report shall be posted at City Hall or other official location for posting City notices for at least five days before it is considered by the City Council. Proof of posting shall be made by affidavit of the City Clerk or Deputy City Clerk. The term "incidental expenses" shall include, but not be limited to, the -10- DRAFT NO. 1 actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work and the costs of printing and mailing required hereunder. 8.04.130 Assessment Lien. The total cost for abating the nuisance, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the office of the County Recorder Aof a Notice of Lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the Notice of Lien may be turned over to the tax collector to be added to the amounts of the assessments of the next regular tax bills levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The Notice of Lien for recordation shall be in a form substantially as follows: NOTICE OF LIEN Claim of the City of Grand Terrace "Pursuant to the authority vested by the provisions of Chapter 8.04.050 of the Grand Terrace Municipal Code, the City of Grand Terrace did on or about the _ day of 19 , cause the property hereinafter described to be rehabilitated or the building, structure or fence on the property to be repaired or demolished in order to abate a public nuisance on the real property. The City Council of the City of Grand Terrace did on the day of 19 assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Grand Terrace -11- PI DRAFT NO. 1 does hereby claim a lien for such rehabilitation, repair, or demolition in the amount of the assessment, to wit the sum of ; the same shall be a lien upon the real property until paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Grand Terrace, County of Riverside, State of California, particularly described as follows: [Legal Description] Dated this day of , 19 City Manager, City of Grand Terrace" 8.04.140 Alternative Actions Available. Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencesin real property in addition to or as alternatives to the proceedings herein set forth. 8.04.150 owner's Responsibility. The owner of any premises within the City has the primary responsibility of keeping his premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be demeed to be the agents of the owner. 8.04.160 Abandoned and Stored Vehicles. The following procedures are adopted from the California Vehicle Code, Section 22660 et seg. and, are established as the procedures for the -12- DRAFT NO. 1 abatement and removal as public nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or public property not including highways and for the recovery or assumption by the City, of costs of administration and removal thereof. The following procedures are to be used compatibly and in conjunction with the foregoing sections of this chapter, but shall take precedence wherever a conflict occurs. (1) In addition to the notice provided in Section 8.04.060, at least ten days notice shall also be sent to the last registered and legal owner of record, by registered or certified mail, unless the vehicle is in such condition that identification numbers are not available to determine ownership. (2) The notice of determination and declaration set forth in Sections 8.04.070 and 8.04.080 shall include a description of the vehicle, the correct identification number and license number of 4 the vehicle insofar as they are available. The notice of determination and ruling shall be served on both the owner of the premises and the registered and legal owners of the vehicle, if known, as provided above. (3) The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land along with his reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the City shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner. Vehicles or parts thereof may be disposed of by removal to a scrap yard, automobile dismantler's yard or any suitable site operated by the City for processing scrap or by any other final disposition consistent with these provisions. -13- DRAFT NO. 1 Any person authorized by the City to administer this chapter may enter upon private property for the purposes specified in the ordinance to examine vehicles or parts thereof, obtain information as to the identity of the vehicle and to remove or cause the removal of any vehicle or part thereof declared to be a nuisance pursuant to this chapter. A certified copy of the order of disposition of the vehicle or parts thereof shall be given to and retained by any person or commercial organization making a final disposition of the vehicle or parts thereof and said order shall be retained by them in their business records. (4) After a vehicle has been removed as a public nuisance, it shall be destroyed and under no circumstances shall the vehicle be reconstructed or made operable. (5) This chapter shall not apply to a vehicle or other personal property mentioned herein which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or other personal property which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under the provisions of this chapter or any other law. (6) This chapter shall be administered by regularly salaried, full-time employees of the city except that actual abatement of the nuisance and removal of any and all items constituting a nuisance hereunder may be by any other duly authorized person. (7) Within five days after removal of any motor vehicle under this chapter, notice shall be given to the Department of Motor Vehicles of the date of removal, disposition thereof and identity of the vehicle or parts. In addition, all evidence of registration available including registration certificate, license -14- DRAFT NO. 1 plates and certificates of title shall be forwarded to the department of motor vehicles as soon as possible. 8.04.170 Violations. The owner or other person having charge or control of any buildings or property who maintains any public nuisance defined in this chapter or who violates any order of abatement made pursuant to this chapter is guilty of a misdemeanor. Any unauthorized person who removes any notice or order posted 60 as required in this chapter is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the City or with any person who owns or holds any estate or interest in the property which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed whenever any such representative of the City or person having any estate or interest in such property is engaged in vacating, repairing, rehabilitating or demolishing and removing any such property pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto. Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. A criminal prosecution may be initiated without a nuisance hearing, as provided in this chapter, or upon a violation of any order resulting from such a hearing. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed." 8.04.180 Authority to Arrest. The following designated officers and employees shall have the power to arrest persons for the misdemeanor violations of this chapter whenever the officer or employee has reasonable cause to believe that the person has committed the offense in his presence: -15- DRAFT NO. 1 (a) The -Community Development Director (b) The Code Enforcement Officer. 8.04.190 Citation Procedure. (a) If any person is arrested for a misdemeanor violation of this chapter, and such person is not taken before a magistrate as is more fully set forth in the California Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. (b) The time specified in the notice to appear shall be not less than ten days after such arrest. (c) The place specified in the notice to appear shall be either: (1) Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or (2) Before an officer authorized to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the arrested person from custody. (e) The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the -16- DRAFT NO. 1 making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid in the county treasury for distribution as provided by Section 1463 of the California Penal Code. (f) A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this chapter has given such written promise to appear in court unless and until he has 4r violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. (g) Every person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (h) When a person signs a written promise to appear at the time and place specified in the written promise to appear and has tv not posted bail as provided in subsection (c) of this section, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer." SECTION 3. The City Council hereby declares that the provisions of this chapter are severable and if for any reason a court of competent jurisdiction shall hold any sentence, -17- DRAFT NO. 1 paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and cause it to be posted as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption. fir PASSED AND ADOPTED THIS day of IM 46 19 MAYOR ATTEST: CITY CLERK (GT#1/Ord/p.1-18) -18- S T A F F R E P O R T DATE: 9-15-88 C R A ITEM ( ) COUNCIL ITEM (X) MEETING DATE: 9-22-88 AGENDA ITEM NO. SUBJECT: Revision of Sections A B and C of Item 13 Ordinance No. 108 (Planning, Engineering and Building and Safety Fees). FUNDING REQUIRED NO FUNDING REQUIRED DISCUSSION: Attached to this report is the recommended revision to Sections A, B and C of Item 13, Ordinance No. 108 of the City of Grand Terrace (Planning, Engineering and Building and Safety Fees, see Attachment A) . The purpose of this revision is to bring the cost of processing a project more into line with other communities in the area and also in relation to the size of the submitted project. To do this staff surveyed several cities in the area and adjusted our fees accordingly. We have also broken down the fees for items such as site and architectural reviews, conditional use permits and variances according to the size of the project applied for. In addition, certain fees which are no longer applicable have been deleted. RECOMMENDATION: The Planning Department recommends the City Council conduct the second reading of the revision to Sections A, B and C of Item 13, Ordinance No. 108. Respectfully Submitted by t David Sawyer, Community Development Director DRS/mcm / cd�li�, GEi�6Dta €Thy � REVISION TO SECTIONS A B AND C ITEM 13 OF ORDINANCE NO. 108 CITY OF GRAND TERRACE _(FEE SCHEDUiE) Item 13 - ENGINEERING, PLANNING, BUILDING AND SAFETY, AND SIGN FEES A. ENGINEERING FEES 1• Tentative Map: Preliminary Review Minor Subdivision (Parcel Map) Major Subdivision Revised Tentative Map (Minor Subdivision) Revised Tentative Map (Major Subdivision) 2. Final Map: Minor Subdivision (Parcel Map) Major Subdivision (Final Map) 3. Deferred Monumentation 20 lots or less $ 500 $ 250 $ 1,000 $ 250 $ 1,000 $ 416 + 26/lot Actual Cost (Deposit of $ 200 + $ 15/lot required, $ 1,000 minimum deposit) $ 150/lot 21 lots or greater $ 3,000 + $ 130/each lot over 20 4. Lot Line Adjustment $ 250 5. Lot Merger $ 50 6. Reversion to Acreage $ 250 7. Certificate of Compliance $ 100 8. Sign Permit: Non -Electrical $ 100 Electrical $ 100 4W 9. Grading Plan (Revised) $ 150 10. Public Improvement Fee (This applies to all road improvements required for Minor or Major Subdivisions. It is calculated by the Engineering Department and is to be paid upon receipt of the permit) (Based on value of work) $ 1 to 25,000 4.0% $ 25,001 to 100,000 3.5% $ 100,001 or greater 3.0% 11. Deferment/waiver of Public Improvements $ 60 12. Printing Fees 11" by 17" sheets $ 0.55/ each sheet 18" by 26" sheets $ 1.25/ each sheet Miscellaneous Maps $ 0.40/ square foot Photocopies $ 0.20/ each sheet B. PLANNING FEES 1. Site and Architectural Review: Administrative SAR $ 100 Standard SAR If total area of proposed improvement or site is less than 500 sq. ft. $ 100 If total area of proposed improvement or site is 500 to 1,499 sq. ft. $ 250 If total area of proposed improvement or site is 1,500 to 2,999 sq. ft. $ 400 If total area of proposed improvement or site is greater than 3,000 sq. ft. $ 550 2. Conditional Use Permit: Administrative CUP $ 100 Standard CUP If total area of proposed improvement or site is less than 500 sq. ft. $ 100 If total area of proposed improvement or site is 500 to 1,499 sq. ft. $ 250 If total area of proposed improvement or site is 1,500 to 2,999 sq. ft. $ 400 If total area of proposed improvement or site is greater than 3,000 sq. ft. $ 550 3. Variance: Sign Variance $ 100 Minor Deviation $ 100 Standard Variance If total area of proposed improvement or site is less than 500 sq. ft. $ 100 If total area of proposed improvement or site is 500 to 1,499 sq. ft. $ 250 If total area of proposed improvement or site is 1,500 to 3,000 sq. ft. If total area of proposed improvement or site is greater than 3,000 sq. ft. 4. General Plan Amendment 5. Zone Change 6. Specific Plan: Initial Specific Plan Specific Plan Amendment 4W 7. Determination of Use 8. Environmental Assessment/ Negative Declaration 9. Environmental Impact Report 10. Tentative Map: Preliminary Review Minor Subdivision (Parcel Map) Major Subdivision Revised Tentative Map (Minor or Major) 11. Final Map: Minor Subdivision (Parcel Map) Major Subdivision $ 400 $ 550 $ 1,250 $ 1,000 $ 1,500 + 15/du $ 750 $ 150 $ 100 $ 500 + cost of Consultant ($ 2,000 Deposit required) 1/2 of Filing Fee (Amount to be credited to total filing fee) $ 600 $ 1,500 + 25/lot $ 350 $ 250 (Final Map) $ 350 + 25/Lot 12. Lot Line Adjustment $ 200 13. Lot Merger $ 200 14. Reversion to Acreage $ 200 15. Certificate of Compliance $ 200 16. Extensions $ 100 17. Sign Permit: Standard Sign If total area of sign is 32 sq. ft. or less $ 50 If total area of sign is greater than 32 sq. ft. $ 100 Overall Sign Program $ 100 Standard Sign per Approved Sign Program $ 10 Temporary Sign $ 10 ($ 100 Deposit Required) 18. Plancheck (Swimming Pools and Spas, Patios, Decks, Accessory Structures, Walls and Fences, Etc.) $ 25 19. Revisions (Other than Maps or minor design alterations) $ 100 20. Penalty Fee (Applied at discretion of Planning Director when work has begun prior to issuance of permits) Up to Double Original Fee 21. Appeal of Planning Director's Decision $ 100 22. Publications General Plan (Text) $ 25 General Plan Map $ 3 Zoning Ordinance (Text) $ 15 Zoning Map $ 3 Other City Publications Actual Cost C. BUILDING AND SAFETY FEES 1. Building Permits $ 1,000 or less $ 26 $ 1,001 to 2,000 $ 26 + $ 2.40/Each additional 4w $ 100 or fraction thereof over $ 1,001 $ 2,001 to 25,000 $ 53 + $ 8.00/Each additional $ 1,000 or fraction thereof over $ 2,001 $ 25,001 to 50,000 $ 230 + $ 7.00/Each additional $ 1,000 or fraction thereof over $ 25,001 $ 50,000 to 100,000 $ 395 + $ 3.60/Each additional $ 1,000 or fraction thereof over $ 50,001 $ 100,001 or greater $ 593 + $ 2.40/Each additional $ 1,000 or fraction thereof over $ 100,001 11 i Plan Review (As required by Section 302 of the Uniform Building Code, to be paid at the time of submittal) REMAINDER OF SECTION C TO REMAIN UNCHANGED 90% of Building Permit Fee, if plans are incomplete or revised so as to require additional review, -an additional fee will be charged at a rate of $ 35/hour with a min. charge of $ 25 11 C R A ITEM ( ) AGENDA ITEM NO. S T A F F R E P O R T DATE: 9/15/88 COUNCIL ITEM (X) MEETING DATE: 9/22/88 SUBJECT: ADDITIONAL ANALYSIS OF THE GENERAL PLAN BY WILDAN ASSOCIATES FUNDING REQUIRED NO FUNDING REQUIRED DISCUSSION: On July 28, 1988, the City Council authorized Wildan Associates to prepare the additional analysis on the General Plan required as a result of your CouncillIs land use decisions in the Southwest portion of the City. This analysis was to include the review of seven primary issues or tasks. These issues/tasks are as follows; 1. The need to extend Commerce Way south of DeBerry Street, south of Van Buren Street and south of Pico Avenue. 2. The ultimate right-of-way needs for Commerce Way based on the results of the proceeding task. 3. The implications of the proposed designations on Michigan Avenue, both north and south of Commerce Way. 4. Any other significant implications discovered during the assessment. 5. Review the level of service for Barton Road in light of the reduction of ultimate right-of-way from 120 feet to 100 feet. 6. Develop mitigation measures as necessary. 7. Revise MEA as necessary. Attached to this report is the requested analysis for items 1 through 5. Mr. Jerry Hahs of Wildan Associates will be available at the time of the meeting to present his analysis and answer any questions. Also included with this report is a memorandum from the CWCIL AGE NL)A 1YQA A 74 City Engineer regarding the existing and proposed widths of Michigan Street (Please refer to the map included in your September 8, 1988 packet). After your Council has reviewed this information and decided on an alignment for Commerce Way and the width of Michigan Street, Wildan Associates will prepare any necessary mitigation measures and/or revisions to the MEA. These revisions will be brought back to your Council for consideration along with the final actions necessary for adoption of the General Plan Amendment at a subsequent meeting. lI DRS/mcm ILI Respectfully Submitted by David Sawyer, Community Developmez.1 Director 11 JN58477 DRAFT FOCUSED TRAFFIC ANALYSIS OF ALTERNATIVE LAND USES FOR THE SOUTHWEST AREA OF THE CITY OF GRAND TERRACE SEPTEMBER 15, 1988 Prepared by: Willdan Associates Engineers, Planners and Landscape Architects 12900 Crossroads Parkway South, Suite 200 1 ndustry, CA 91746-3499 1.0 INTRODUCTION 1.1 - STUDY FOCUS This analysis examines the potential traffic impacts associated with the City Council's revised General Plan land use scenario for the southwestern area of the City. Special emphasis was given to assess the traffic impacts on two key roadways in the southwest area, Commerce Way and Michigan Street. The traffic impact analysis was conducted assuming three potential circulation network scenarios for Commerce Way; providing Commerce Way from Michigan Street to DeBerry Street; continuing Commerce Way south to Van Buren; and continuing Commerce Way to Main Street. The ultimate Master Plan highway designation for Commerce Way and Michigan Street was then established based on the projected traffic for each major segment. Michigan Street was also examined to determine -how it would be impacted by the three circulation network scenarios for Commerce Way. In addition, a portion of this analysis examines the potential traffic impacts of downgrading Barton Road from the currently recommended divided major high- way designation with a 120' right-of-way and raised median, to a major highway with a 100' right-of-way without a raised median. 1.2 - SUMMARY OF FINDINGS Trip Generation Comparison of Land Use Alternatives As outlined in the introduction, the traffic impacts of the recommended General Plan land uses and the revised General Plan land uses are being compared to assess the potential impacts associated with each scenario. The changes made by -the City Council are shown in Figure 1 and the trip generation of each land use alternative (the original recommendation of the General Plan Update and the revised land use scenario) are, summarized in Table 1. The revised land use scenario which includes a significant increase in commercial uses in the southwest area will result in a total of 32,285 additional vehicle trips and a net increase of 19,010 vehicle trips over the original land use alternative presented in the General Plan Update. Impacts of Commerce Way Circulation Alternatives The impact analysis associated with the revised land use scenarios was conducted assuming three different circulation options on Commerce Way. The circulation analysis shows that Michigan Street will be severely impacted if Commerce Way is not a continuous roadway from Main Street to Michigan Street just north of Barton Road. Table 2 summarizes the impacts on Michigan Street and Commerce Way as- suming the various circulation scenarios. Table 2 shows that under any alternative that does not include completing Commerce Way to Main Street, the Level of Service "C" capacity of 8,900 ADT for a collector street will be I C li Area Acres 1 3.3 1A 6.6 2 10.0 3 55.3 4 40.0 5 1.9 TABLE 1 Recommended Trips Revised Trips General Plan Land Uses Generated General Plan Land Uses 1 Generated General Commercial General Commercial Business Park Business Park Business Park Light Industrial 6 4.9 Low Density 7 10.8 Low Density 8 9.2 Low Density Total Reduction for Pass -by Trips 2 TOTAL (3,300) (6,600) ( 525) (3,250) (2,095) ( 100) ( 170) ( 380) ( 320) 16,740 -3,465 13,275 General Commercial Low Density (Residential) Low Density (Residential) General Commercial Light Industrial Low Density Light Industrial Light Industrial General Commercial 1 Land uses per City Council Actions of June 23, 1988 ( 3,300) ( 231) ( 350) (32,075) ( 2,095) ( 65) ( 5) ( 565) ( 9,200) 47,885 -15,600 32,285 Net I ncrease/ Decrease In Trios 0 - 6,370 - 175 +28,825 0 - 35 - 160 + 195 + 8,880 2 In order to account for the "pass -by" trips associated with the commercial developments, the trip generation was reduced by 35% to represent actual increase in vehicle volumes on the General Plan Circulation Element. C r Location Commerce Way N/0 DeBerry St. N/0 Van Buren St. N/0 Pico St. N/0 Main St. Michigan Street N/0 Commerce Way S/O Commerce Way N/0 Van Buren St. N/0 Pico St. N/0 Main St. Original Land Use Commerce Way from Michigan Street to Main Street TABLE 2 Future Traffic Volume Comparisons with Commerce Way Extension Options Revised General Plan Scenario Commerce Way Commerce Way Commerce Way from Michigan from Michigan from Michigan Street to Street to Street to Main Street Pico Street Van Buren Street Commerce Way from Michigan Street to DeBerry Street 6,000 14,830 12,150 12,000 12,110 3,100 10,130 7,400 7,250 0 2,200 7,765 4,835 0 0 1,450 6,145 0• 0 0 18,150 27,435 27,435 27,435 27,435 6,100 6,555 9,285 9,435 9,325 6,100 6,555 9,285 9,435 8,570 5,100 5,555 8,485 11,145 11,145 1,950 3,498 8,045 8,045 8,045 exceeded on a number of the Michigan Street roadway segments. Therefore, Michigan Street would have to be upgraded from a Collector street to a Secondary Highway. The revised land use alternative will also increase traffic volumes significantly on Michigan Street between Commerce Way and Barton Road. In order to accommodate the projected traffic volumes, this segment of Michigan Street will have to be upgraded from the current Secondary Highway designation with four lanes of traffic to a Divided Major Highway providing six travel lanes Barton Road- Redesignation from a Divided Major Highway to a Major Highway The potential traffic impacts of downgrading Barton Road from the proposed 120' with a median to 100' without a median were examined. Barton Road will need three lanes in each direction in order to accommodate the projected traffic volumes at an acceptable Level of Service under the original General Plan land use proposal. With the revised land use plan, the need to provide six lanes becomes more acute. With a four lane roadway provided by the major highway designation, Barton Road will provide unacceptable Levels of Service in the "E" and "F" range. However, a viable option that would maintain the 100' right-of-way on Barton Road and provide the needed six lane roadway section with left turn channeli- zation would be to adopt a fifth Master Plan designation. The new roadway designation could provide 78' curb -to -curb within a 100' right-of-way with a reduced parkway area. This "Modified.!' Major Highway (76' curb -to -curb and 100' right-of-way) provides the minimum roadway section that can accommodate three travel lanes in each direction with a painted median for left turn channelization. With a six lane roadway section, Barton Road from east of 1-215 to east of Michigan Street would operate at Level of Service "D". The remainder of Barton Road would operate at Level of Service "C" or better if designated as a modified Major Highway. Recommended Master Plan Roadway Designations Because of the increased volumes associated with the revised land use scenario evaluated as a part of this analysis. Michigan Street from Barton Road to 500' south of Commerce Way will need to be upgraded from the current roadway designation of a secondary highway to a divided major highway. Should Commerce Way only extend to Pico Street, Van Buren Street or DeBerry Street, Michigan Street from Main Street to DeBerry Street must be upgraded from a collector street to a secondary highway. If Commerce Way is extended continuously from Michigan Street to Main Street, it will not be necessary to change the current collector street designation of Michigan Street between Main Street and DeBerry Street. Ii f Location DeBerry Street W/O Michigan St. E/O Michigan St. E/O Mt. Vernon Av. Van Buren Street W/O Michigan St. W/O Mt. Vernon Av. E/O Mt. Vernon Av. Pico Street E/O Taylor St. E/O Commerce Way W/O Mt. Vernon Av. E/O Mt. Vernon Av. Main Street E/O Taylor Street E/O Michigan St. E/O Mt. Vernon Av. Barton Road at SPRR Bridge E/O 1-215 W/O Mt. Vernon Av. E/O Mt. Vernon Av. N/C - No change. Original Land Use Commerce Way from Michigan Street to Main Street TABLE 3 Future Traffic Volume Comparisons with Commerce Way Extension Options East/West Arterial Roadways Revised General Plan Scenario Commerce Way Commerce Way Commerce Way from Michigan from Michigan from Michigan Street to Street to Street to Main Street Pico Street Van Buren Street Commerce Way from Michigan Street to DeBerry Street 1,250 5,025 N/C --- --- 4,000 5,620 N/C --- --- 6,950 N/C --- --- --- 700 4,000 4,000 6,510 7,265 3,300 6,640 N/C --- --- 3 , 300 N / C --- --- --- 650 N / C --- --- --- 800 2,053 3,470 1,110 N/C 4,630 4,810 N/C --- --- 2,400 N/C N/C --- --- 4,300 6,205 N/C --- --- 2,600 5,530 N/C --- --- 2 , 050 N / C --- --- --- 9,600 11,310 N/C --- --- 35,700 42,565 N/C --- --- 22,700 25,120 N/C --- --- 26,650 31,405 N/C --- --- In :e--V�:��,00 P M E N T September 14, 1988 Mr. David Sawyer Community Development Director City of Grand Terrace 22795 Barton Road Grand Terrace, CA 92324 RE: Tract 13364 Terrace Pines Dear Dave: SEP Is, 1988 PLANNING ULIA i&itNr I thought it would be appropriate to outline the discussions that we had in your offices on September 13, 1988. It is apparent that the City would like to clean up a couple of issues that have not been a problem until recently and these concerns are creating an atmosphere of distrust and a lack of good faith between Terrace Pines Development Co. and the City of Grand Terrace. 1. The City would like to be a party to the C C & Rs to assure the continued landscape maintenance within Tract 13364. Terrace Pines Development Co. does not have to comply with this- condition, but if it would benefit the City's concerns we will attempt to modify them. I have instructed our attorney to prepare a modification to the now existing C C & Rs and he will be discussing this with John Harper. 2. We have created a parking easement over Lot 20 in favor of the Commercial Center to the South. This easement was a condition of obtaining our final Tract 13364 approval and was reviewed and approved by the former acting City Planning Director Mr. Joe Kicak, and the COUNClE AGENDA IXEM I&OA 1601 DOVE ST. SUITE 250 NEWPORT BEACH CA 92660 (714) 752-1701 City engineering staff. I have enclosed a recorded copy for your review and files. 3. The City would like Lots 1 thru 19 Tract 13364 to have a parking easement over Lot 20 as was provided for the Commercial Center. Once again this is not a condition of our approval but we are willing to discuss the easement parameters with you prior to proceeding. What type of easement to you want to grant to the various lots? As I mentioned to both of you our project success depends upon cooperation and a rational logic in dealing with the City's requirements as to occupancy, construction, completion, bonds and agreements and the adopted conditions of approval for Tract 13364. Terrace Pines Development Co. has gone far beyond its requirements of approval to bring a quality project to Grand Terrace. We have met each and every condition of approval set forth in our December 4, 1986 approval. The quality of this development has proved to be the case both in the leasing activity and the lease terms we are achieving. The quality of our tenants far exceeds our expectations for the Inland Empire. This project when completed will generate a new tax base of approximately $8,000,000 million dollars. The old existing land tax base was $600,000.00 dollars. In addition, these 96 townhomes will generate new sales tax at the local level further enhancing the City sales tax revenue. A few days ago Tom Schwab City Manager, Byron Matteson 4W Mayor, John Harper City Attorney and yourself all met at the project site to discuss the City's concern for occupying our buildings prior to the total 21 building completion. It was clear to me that if we could provide security fencing around the buildings that had not received final construction approval, along with a few minor construction items which we have finished, then the City Manager, Mayor, City Attorney and yourself had no major concerns with allowing occupancy. Terrace Pines Development Co. immediately purchased $3,000.00 of fencing and gates and has shielded the completed product from the remaining buildings. We are desirous for occupancy of Lots 10 thru 13 by Wednesday September 21st and feel we have taken the additional steps and added precautions to protect the general public and our leasing tenants. -2- What we are asking for is standard in our industry and is common place throughout the State. I would like to invite anyone who is truly interested to personally walk the project in its entirety to indicate the area of concern in allowing us our ongoing occupancies. I appreciated your help and support to a better City of Grand Terrace. Sincer�l,y, 40 T C PINES DEV MENT CO. Will L. Mauerhan Managing General Partner Enclosure WLM:mm cc: Byron Matteson Mayor Randall Anstine Assistant City Manager John Harper City Attorney Tom Schwab City Manager -3- C G ENGINEERING Planning and Engineering September 12, 1988 Mr. Hank Lewandowski District Permits Engineer Caltrans District 8 Post Office Box 231 San Bernardino, California 92402 Reference: 08-SBD-215-1.31 CUP 87-7 / Robert Keeney Dear Mr. Lewandowski A meeting was held on September 71 1988 at the site of Mr. Keeney's proposed development. The development is located at the northwest corner of Barton Road and La Crosse Avenue in the City of Grand Terrace. Don Allen from Caltrans attended the meeting along with a representative from the City of Grand Terrace, Mr. Keeney and myself. In the meeting we discussed the condition that the City had placed on the development for signalizing the southbound right turn portion of the offramp (which is also La Crosse Avenue) at its intersection with Barton Road. Because of the unusual nature of the on and offramp / La Crosse Avenue intersection with Barton Road it was agreed at the meeting that signalization of this additional portion of the inter- section is impractical and could not be constructed to control the intersection safely as well as coordinate with the existing Barton Road signals. Mr. Keeney did offer to pay for reconstruction of the southbound La Crosse approach Lo Barton Road by creating a narrower median island. This would result in the south - bound approach lining up with La Crosse Avenue on the south side of Barton Road. Currently the intersections do not line up although vehicles are permitted to travel straight across the intersection. We would like to obtain Caltrans' concurrence in the conclusions of our meeting. COUNUL AGENDA MAMA a 8,8 2627 & WATERMAN AVE. • SAN BERNARDINO, CALIFORNIA 92408 9 (714) 824-2420, Fax N (714) 824-9236 Mr. Lewandowski - 2 - September 12, 1988 In addition, if you feel that reconstruction of the island as stated above would be a benefit to Caltrans and the intersection please let us know. We would appreciate it if you could give us your opinion on these items in writing. Please address to letter to me with a copy to the City of Grand Terrace. Thanks for your cooperation in this matter and if you have any questions don't hesitate to contact me. Sincerely, David J. Barakian Project Manager DJBsp 096002.00 090802(60,7) Copy To Mr. Robert Keeney c STATE OF CALIFORNIA—BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O BOX 231 SAN BERNARDINO, CA 92402 TDD (714) 383.4609 September 15, 1988 Mr. David J. Barakian CG Engineering 2627 South Waterman Avenue San Bernardino, CA 92408 Dear Mr. Barakian: 08-SBd-215-1.31 CUP 87-7/ Robert Keeney This letter is in response to your September 12, 1988 letter to Mr. Hank Lewandowski, Caltrans District Permits Engineer, in which you had requested that we provide you a written response of the conclusions reached at a prior September 7, 1988 field meeting. It is my understanding that Mr. Keeney; Don Allen, Caltrans Electrical Branch; a representative from the City of Grand Terrace; and yourself were at that meeting. It is agreed, per my discussion with Don, that signalization of the La Crosse Avenue/Barton Road intersection would not be a requirement. Caltrans believes that the reconstruction of the existing island, as discussed at the meeting, of the southbound La Crosse Avenue approach to Barton Road to align with La Crosse Avenue on the 001, south would be beneficial; however, the decision will be the 0r'". City's, it is beyond Caltrans' jurisdiction. If additional information is required, please contact Mr. Will Brisley at (714) 383-4671. Very truly yours, H . LEWANDOWSKI District Permits Engineer cc: Mr. Joe Kicak, Grand Terrace City Engineer