11/30/1988A
CITY OF GRAND TERRACE
REGULAR COUNCIL MEETING
AGENDA
CITY COUNCIL CHAMBERS
GRAND TERRACE CIVIC CENTER
22795 Barton Road
* Call to Order
* Pledge of Allegiance
* Roll Call
November 30, 1988
6:00 P.M.
CONVENE CITY COUNCIL
I
STAFF
RECOMMENDATIONS
COUNCIL ACTION
1' SPECIAL PRESENTATIONS
A. Proclamation to be presented to Michael
Present
Hess.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
Adopt
1 OF GRAND TERRACE, CA., RECITING THE FACT OF
THE GENERAL MUNICIPAL ELECTION HELD IN SAID
CITY ON NOVEMBER 8, 1988, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW.
3. Conduct Swearing -In Ceremony for new Council
Member (Deputy City Clerk).
4. Conduct election for Mayor (Deputy City
Clerk) .
5. Conduct election for Mayor Pro Tem (Deputy
City Clerk).
6. CONSENT CALENDAR
A. Reject liability claim No. 88-06 (T.J.
Reject
Austyn).
ADJOURN
THE NEXT REGULAR CRA/CITY COUNCIL MEETINGS WILL BE
HELD THURSDAY, DECEMBER 8, 1988, AT 6:00 P.M.
--------------------------------------------------
AGENDA ITEM REQUESTS FOR THE 12/08/88 MEETING MUST
BE SUBMITTED IN WRITING TO THE CITY MANAGER'S
OFFICE BY 12:00 NOON ON 12/01/88.
>�wo
of (6ranb 01 errac.e
MICHAEL HESS
WHEREAS, the City Council and the Emergency
Operations Committee have recognized the need to edu-
cate the public in earthquake safety and, therefore,
the Emergency Operations Committee had printed an
earthquake survival guide; and
WHEREAS, Michael Hess took upon himself, as
his Eagle Scout project, to assist the City in organ-
izing a group of Boy Scouts, along with himself, to
distribute the earthquake survival guide to each resi-
dent within the City of Grand Terrace; and
,.., WHEREAS, Michael Hess, by earning twenty-one
- Merit badges and completing his Eagle Scout project has
made him a credit to the community, as well as Boy
:.w I Scout Troop 38.
NOW, THEREFORE, I, BYRON R. MATTESON, Mayor
.;,,. of the City of Grand Terrace, on behalf of the City
-` Council hereby wish Mike all the best in completing the
requirements to earn his Eagle Scout badge.
Mayor of the City oF Gran
Terrace and of the City Council
thereof.
This 30th day of November, 1988.
L
RESOLUTION NO. 88-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 8,
1988, DECLARING THE RESULT THEREOF AND SUCH OTHER
MATTERS AS PROVIDED BY LAW.
WHEREAS, a regular General Municipal Election was held
and conducted in the City of Grand Terrace, California, on Tues-
day, November 8, 1988, as requested by law and as provided by
law; and
WHEREAS, notice of said Election was duly and regularly
given in the time, form and manner as provided by law; and that
voting precincts were properly established; that election offi-
cers were appointed and that in all respects the election was
held and conducted and the votes were cast, received and can-
vassed and the returns made and declared in time, form and manner
as required by the provisions of the Elections Code of the State
of California for the holding of elections in general law cities;
and
WHEREAS, pursuant to Resolution No. 88-07, adopted June
23, 1988, the election was consolidated with the Statewide Gener-
al Election and the Registrar of Voters canvassed the returns of
the election and has certified the results to this City Council,
the results are received, attached and made a part hereof as
Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
Section 1. That the whole number of votes cast in the
City except absent voter ballots was 3,709. That the whole
number of absent voter ballots cast in the City was 327, making a
total of 4,036 votes cast in the City.
Section 2. That the names of the persons voted for at
the election for Member of the City Council are as follows:
Ed St. Germain
Byron R. Matteson
Hugh J. Grant
Dennis L. Evans
Gene Carlstrom
.00
RESOLUTION NO. 88-19
PAGE 3
ADOPTED this 30th day of November, 1988.
ATTEST:
Deputy City Clerk of the City
of Grand Terrace and of the
City Council thereof.
Mayor of the City of Grand
Terrace and of the City
Council thereof.
I, JUANITA BROWN, Deputy City Clerk of the City of
Grand Terrace, do hereby certify that the foregoing Resolution
was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the 30th day of
November, 1988;
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved as to form:
City Attorney
Deputy City Clerk
STATEMENT OF ELECTION RESULTS
EXHIBIT "A"
RESOLUTION NO. 88-19
Adopted November 30, 1988
CANDIDATES Precinct
441
Precinct
442
Precinct
443
Precinct
444
Precinct
445
Precinct
446
Precinct
447
Precinct
448
Absentee
Total
Ed St. Germain 170
76
115
96
212
161
195
171
138
1353
Byron R. Matteson 337
177
342
250
253
375
282
236
172
2440
Hugh J. Grant 328
177
310
276
246
392
305
227
183
2466
Dennis L. Evans 191
80
176
104
245
174
223
199
143
1544
Gene Carlstrom 266
150
250
206
182
293
183
171
126
1843
TOTAL BALLOTS CAST: 4,036
TOTAL REGISTERED VOTERS: 5,438
PERCENTAGE: 74.2
STAFF REPORT
CITY CLERK'S DEPARTMENT
DATE: November 22, 1988
CRA ITEM ( ) COUNCIL ITEM ( X ) MEETING DATE: 11/30/88
SUBJECT: REJECTION OF GRAND TERRACE LIABILITY CLAIM 88-06
FUNDING REQUIRED
NO FUNDING REQUIRED X
The City of Grand Terrace has received a claim (attached) for
damages in excess of $10,0000. T. J. Austyn/Gary A. Fudge are
claiming that as a direct result of the action of the City in
denying extensions of Tract Map No. 13050 (Council meeting of
January 28, 1988), Claimants have been precluded from using or
developing said property in accordance with the terms and condi-
tions pertaining to the development of the property as contained
in Tract Map No. 13050 as originally approved by the City.
Government Code Section 911.2 states that a claim shall be pre-
sented not later than the 100th day after the accrual of the
cause of action. Therefore, staff is recommending that Council
reject this claim on that basis.
STAFF RECOMMENDS COUNCIL:
REJECT CLAIM 88-06 AND AUTHORIZE THE DEPUTY CITY CLERK TO NOTIFY
THE CLAIMANT OF THE ACTION TAKEN.
NB
Attachment
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FILED IN OFFICE OF- CITY..CLE
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^ `z� DATE TIMEo2
CLAIM FOR DAMAGES CITY " ,
GOVERNMENT CODE
Gil I Or I cNRACE
§§905; 910 6y ma-% ;4
TITLEN ('J* P44 "(7R.
TO: NITA BROWN, CITY CLERK
22795 BARTON ROAD
CITY OF GRAND TERRACE, CALIFORNIA 92324
PLEASE TAKE NOTICE that T. J. AUSTYN, INC., and GARY A.
FUDGE, an individual, Claimants, hereby make this Claim against
the CITY OF GRAND TERRACE, in the County of San Bernardino,
State of California, pursuant to Government Code, §§905; 910.
1. Claimants' Name and Address
T. J. AUSTYN, INC.
500 North Newport Boulevard
Suite 201
Newport Beach, CA 92663
GARY A. FUDGE
500 North Newport Boulevard
Suite 201
Newport Beach, CA 92663
2. Address for all "Notices" and for any Notice
Pursuant to Government Code, §§910.8 and 911.
C. THOMAS DROSMAN, Attorney at Law
Suite 208
18552 MacArthur Boulevard
Irvine, CA 92715
3. Circumstances of the Occurrence Giving Rise
to this Claim.
Claimants were and are taxpayers of the CITY OF GRAND
TERRACE and owners of certain real property located within the
City depicted and described on Tentative Tract Map No. 13050.
On or about January 28, 1988, the CITY OF GRAND TERRACE,
by vote of the City Council, denied petitioner's Application
for an Extension of Tentative Tract Map No. 13050. The granting
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such extension of the Tentative Tract Map is an act which the law
specially enjoins and a right to which Claimants are entitled
and were unlawfully precluded by the action of the City Council.
The actions of the City Council denies Claimants'fundamental
property rights to use and develop its property and further
constitute a taking of Claimants'property without just compensation.
Claimants seek just compensation for the damages resulting
from the actions of the City and the City Council in denying such
extension.
4. Description of Damages.
As a direct result of the action of the City in denying
extensions of Tract Map No. 13050, Claimants have been precluded
from using or developing said property in accordance with the
terms and conditions pertaining to the development of the property
as contained in Tract Map No. 13050 as originally approved by the
City, or in any manner whatsoever.
Additionally, Claimants have expended substantial funds
to process said Tract Map and are continuing to incur daily
losses since about January 28, 1988 with respect to the
financial investment now tied up in said unuseable real property.
5. Responsible Individuals.
Claimant believes that the following individuals are
responsible for the conduct complained of: BYRON R. MATTESON;
BARBARA PFENNIGHAUSEN; HUGH T. GRANT; DENNIS L. EVANS; and
SUSAN CRAWFORD as well as others not yet identified by
Claimants.
6. Amount Claimed.
In accordance with Government Code, &910, at the date of
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this claim, damages are in excess of $10,000.00 and jurisdiction
of the amount of damages rests in Superior Court.
DATED: November 9, 1988.
LAW OFFICES OF C. THOMAS DROSMAN
By (r
C. THOMA ROSMAN, on behalf
of Claimants T. J. AUSTYN, INC.
and GARY A. FUDGE
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