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02/21/1980CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - FEBRUARY 21, 1980 A regular meeting of the City Council of the City of Grand Terrace was called to order at 12354 Mt. Vernon, First Baptist Church of Grand Terrace, Grand Terrace, California, at 6:17 p.m. on February 21, 1980. PRESENT: Tony Petta, Mayor Thomas A. Tillinghast, Mayor Pro Tempore Doug Erway, Councilman Jack Allen, Councilman Hugh J. Grant, Councilman Seth Armstead, City Manager Eugene Nazarek, Representing the City Attorney Myrna Lindahl, Executive Secretary/Deputy City Clerk ABSENT: Joe Kicak, City Engineer The meeting was opened with invocation by Reverend Harold Lorimer, Retired, followed by the Pledge of Allegiance, led by Edward Clark. JOINT PUBLIC HEARING - PROPOSED FIRST AMENDMENT TO THE REDEVELOPMENT PLAN Advertised Joint Public Hearing of the Community Redevelopment Agency and the City Council on the proposed First Amendment to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project. Attorney Gene Nazarek, representing the Grand Terrace Community Redevelop- ment Agency, gave a Staff presentation stating that Notice of Public Hearing had been published once a week for four (4) weeks in the Sun - Telegram with proof of publication on file in the City Clerk's office. Mail notices advertising the Public Hearing were sent to all property owners within the Project Area, all affected Public Taxing Agencies, the San Bernardino County Administrative Office, the San Bernardino County Special Districts, the San Bernardino County Fire Warden, the San Bernardino County Counsel, the Colton Joint Unified School District, and the State Board of Equalization, in the time, form and manner required by law. Mr. Nazarek stated the purpose of the First Amendment is to insert a formula for the allocation of a Tax Increment that would have otherwise gone to the Grand Terrace Community Redevelopment Agency stating this is an amendment to Article 5, Paragraph B, of the Redevelopment Plan. The nature and intent of this Amendment is to allow the Community Redevelopment Agency to receive 43 percent of the Tax increment, with the remaining 57 percent to be allocated to the remaining affected Taxing Agencies. Page one - 2/21/80 The Amendment also addresses the fact that, in the event the Community Redevelopment Agency acquires any property within the Project Area for public purposes, and keeps that property off the tax roles for 18 months or longer, the Community Redevelopment Agency would be obligated to make in -lieu payments to the County equal to the taxes that would have been collected on that property. Also, in the future, should any taxing agency incur, under the law, a bonded indebtedness that was secured by taxes, we would allow a tax to be levied in the area to pay the taxes and principal. Mr. Nazarek stated there are a few minor changes remaining to be worked out on this Amendment, and therefore recommended hearing testimony from all interested persons, and at the conclusion to continue the Public Hearing to March 6, 1980. Mr. Nazarek then introduced Mr. Richard Strong, San Bernardino County Deputy County Counsel. Mr. Strong indicated two weeks would be sufficient to clear up technical and legal problems. He stated he is in general agreement with the concept; however, is not prepared at this time to state the legal affect. Stated an agreement is being prepared which will be a document regarding development of the Plan to be used as an aid in the administration of the documents should there be a challenge. Mayor Petta opened Public Hearing, and the following individuals addressed the City Council and the Community Redevelopment Agency: Mr. Raymond F. Ellerman, Chancellor of the San Bernardino Community College District, stated while AB 8 is in effect, the College District will not be affected, and requested the inclusion of the San Bernardino Community College District in the Amendment to ensure no affect on the College District should State legislation change. Attorney Nazarek replied it would be impossible to make provision for unknown changes in State legislation, since the City, in order to utilize effectively any portion of the Tax Increment for the financing of future public improve- ments, must be able to predict what the portion will be. Mr. Roy Nix, 12173 Country Club Lane, questioned continuing with the Redevelopment Plan, since the Community Redevelopment Agency will now receive 43 percent rather than the full Tax Increment, and questioned if the entire program would not now require further investigation. Mr. Nazarek replied that at the conclusion of the Hearing, presently planned for March 6, it would be the obligation of the Community Redevelopment Agency and the City Council to consider the testimony of all individuals, the Staff Report, the Amendment, as well as the nature of the Amendment as it will be modified, and at that time make a decision based on the testimony heard as to whether approval of the Amendment will take place. Dolores Kossman, 22735 De Soto, asked if this Project fits into the category of a blighted area. Mr. Nazarek replied this Amendment does not directly involve the question of blight, and further stated that pending litigation will be dropped if the Amendment is approved. Page two - 2/21/80 JOINT PUBLIC HEARING CONTINUED CC-80-51 Motion was made by Councilman Tillinghast, seconded by Councilman Allen and carried unanimously to continue the Joint Public Hearing of the Community Redevelopment Agency and the City Council on the proposed First Amendment to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project to March 6, 1980, at 6:00 p.m. RECESS Mayor Petta called a Recess at 6:50 p.m. Council reconvened at 6:51 p.m. with all Members present. ITEM DELETED FROM AGENDA Agenda Item 3H - Approve Organization Chart and Job Descriptions. ITEM ADDED TO THE AGENDA Agenda Item 9 - Executive Session regarding litigation. APPROVAL OF MINUTES - FEBRUARY 7, 1980 CC-80-52 Motion was made by Councilman Allen, seconded by Councilman Erway and carried unanimously to approve the Minutes of February 7, 1980, as presented. CONSENT CALENDAR The following items were removed from the Consent Calendar: B. Approval for two City representatives to attend the Senator Ayala Dinner. C. Approve request to join Community Redevelopment Administrators Organization. Cost: $500.00. D. Approve request for the following individuals to attend "Keep America Beautiful" Conference in Riverside February 26-27: Clyde Gunderson; Bob Yeates; Ken Rinderhagen. Cost: $325.00. CC-80-53 Motion was made by Councilman Allen, seconded by Councilman Tillinghast and carried unanimously to approve the following items on the Consent Calendar: A. Check Register No. 022180. E. Accept resignation of Eugene Tidwell from the Ways & Means Committee. F. Resolution No. 80-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING A POLICY IN REGARD TO THE RELOCATION OF UTILITY FACILITIES WITHIN THE CITY OF GRAND TERRACE. Page three - 2/21/80 G. Authorization for Staff to request proposals for computerization of City activities. ATTENDANCE OF CITY REPRESENTATIVES AT SENATOR AYALA DINNER Councilman Tillinghast stated a discussion had been held during the Work Session regarding the expenditure of City funds for political functions, stating the concensus of the Council was to approve the attendance of City personnel, provided no City funds were expended. Councilman Allen stated he is in agreement in not spending public funds, and has volunteered to pay his own way to attend this dinner, since Senator Ayala has been of great assistance to the City. Mr. Roy Nix, 12173 Country Club Lane, questioned the legality of City representatives attending the function. Mr. Nazarek replied it is legal and appropriate. Cities and governmental agencies have authority to directly involve themselves in the legislative process to pursue their best interests. REQUEST TO JOIN COMMUNITY REDEVELOPMENT ADMINISTRATORS ORGANIZATION CC-80-54 Motion was made by Councilman Tillinghast, seconded by Councilman Erway and carried unanimously to continue this item to the City Council Meeting of March 6, 1980, at which time Council requests clarification of the financing involved other than the initial cost of joining the organization. KEEP AMERICA BEAUTIFUL CC-80-55 Page four - 2/21/80 Councilman Tillinghast stated with clarification that the sums of money mentioned in Paragraph 12 on the Application for Certification are going to be those funds which normally would be spent on keeping the City beautiful through a regular street sweeping function and there will be no additional cost to the City other than the cost of the "Keep America Beautiful" Conference - other than the $325.00 to be expended on the Conference in Riverside - then would move approval of the item after that clarification; further, that we'll have another Application resubmitted clarifying certain typographical errors. Councilman Allen seconded the Motion. Councilman Erway requested the words "will be provided by in -kind services" be added to Item 12. Councilman Tillinghast stated that was the intent of his Motion. The Motion carried unanimously. REVIEW OF BUSINESS LICENSE RESOLUTION NO. 79-15 AND ORDINANCE NO. 15 Following discussion, Staff was directed to amend the Business License Resolution No. 79-15 and Ordinance No. 15 and submit them for Council review. Mayor Petta opened Public Hearing on the matter, and the following individual addressed Council: Dick Rollins, 22700 DeBerry. Mayor Petta closed Public Hearing. 11 ORDINANCE NO. (ZONE CHANGE NO. E223-230 (ZC 80-01)) (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 275-242-24, ZONE CHANGE NO. E223-120 (ZC 80-01) Planning Commissioners John McDowell and William DeBenedet addressed Council, stating the Planning Commission had approved the Zone Change at their Planning Commission Meeting of January 28, 1980. CC-80-56 Councilman Tillinghast Moved the introduction of Ordinance (Zone Change No. E223-230 (ZC 80-01)) as presented. Councilman Grant seconded, and the Motion carried unanimously. COMMISSION AND COMMITTEE REPORTS PLANNING COMMISSION Commissioner John McDowell reported the following: (1) The Commission is presently working on ordinances regarding: Subdivisions and maps; land use; and model building security. (2) Commissioners Andress and Bartel were appointed to study the widening of off -ramps and signal systems at Michigan. (3) General Plan study. PARKS AND RECREATION COMMITTEE Chairman Geoff Dooley reported on the following: (1) The Lady Beware Program held February 19 was very successful. Commended Sgt. Curry, the Crime Prevention Committee and the Volunteer Services Committee for their assistance. (2) A Self Defense Program Workshop will be conducted at the Community Center starting Saturday, February 23, for five Saturdays from 1:00 p.m. to 3:00 p.m. (3) Physical Fitness Class is being conducted presently on Tuesday and Thursday evenings at Terrace Hills Junior High School. The Loma Linda University School of Health is also conducting a Physical Fitness Program starting February 27th at the Azure Hills Seventh Day Adventist Church in Grand Terrace. There are plans to possibly coordinate the two programs. (4) "Train Don't Strain" run scheduled for March 30. (5) Lease of 10 acre parcel from Southern California Edison Company. Johnnie Sanders reported: A cost estimate, obtained from General Electric Company, for lighting two ball fields is $14,800.00, with the cost to light the larger ball field being approximately $8,000.00; Southern California Edison Company will donate poles for one field, and they will be available in three months. CC-80-57 Motion was made by Councilman Erway, seconded by Councilman Allen and carried unanimously to make a budget transfer of $10,000.00, previously set aside for the position of Parks & Recreation Director for Fiscal Year 1979-80, to be used for lights for the ball field when the property is under City control. Page five - 2/21/80 CC-80-58 (6) Following recommendation of Chairman Dooley, Motion was made by Councilman Erway, seconded by Councilman Grant and carried unanimously to appoint Sandy Kronmiller to the Parks & Recreation Committee. Staff is to advertise a vacancy on the Parks & Recreation Committee for an alternate. (7) Chairman Dooley reported a special Committee meeting had been held, and the Committee voted not to allow the 10 acre Southern California Edison Park Site to be used by the Grand Terrace Chamber of Commerce for Western Days. ENERGY COMMITTEE Leader Doug Erway reported on the following: (1) The Energy Committee will meet February 29 at 8:00 a.m. at City Hall. (2) Formulation of a City Task Force to write a City Energy Plan for the future. RECESS Mayor Petta called a Recess at 7:35 p.m. The meeting reconvened at 7:55 p.m. with all members present. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Discussion was held on the following items: (1) Interview of pioneers of Grand Terrace. (2) A photograph of the Community Center with the original bell will be duplicated for Historical purposes. (3) Possibility of organizing a Grand Terrace School Graduate Reunion. VOLUNTEER SERVICES COMMITTEE Chairman Bob Yeates reported on the following: (1) A telephone Community Attitude Survey was conducted regarding the litter situation in Grand Terrace. Results of this Survey will be available for the Council in two weeks. (2) Keep Americal Beautiful Program. (3) Will be assisting the City in conducting the 1980 Census Survey. (4) The Committee will make a decision on releasing funds for the ball field following a presentation by a member of the Parks & Recreation Committee. (5) "Accent on Youth" - the goal for 1980 is $10,000.00. Another campaign will be conducted for this fund in April and May. CRIME PREVENTION COMMITTEE Chairman Judy Rinderhagen reported on the following: (1) Brochures and posters are being prepared regarding Neighborhood Watch to be placed in business windows. Each member is presently working on setting up blocks for this program. (2) The "We Tip" and "War on Arson" program will be presented at the City Council Meeting of March 20, 1980. Page six - 2/21/80 REPORTS Councilman Erway reported that the Southern California Gas Company will have a Heat Loss Survey display at Security Pacific Bank February 29 and March 3 and asked that a news release be prepared. Councilman Grant reported he attended the Local Agency Formation Commission meeting regarding Island Annexation. This matter will be reviewed again in March. Councilman Tillinghast stated one tract developer is placing signs in violation of the City's Sign Ordinance. He also reported one gas station is in violation of the local Ordinance and State law which require prices to be posted for the public, and he requested Staff to take appropriate action on these matters. Mayor Petta reported the San Bernardino County Flood Control Committee Meeting was postponed. PICO STREET SEWER TRENCH FAILURE CC-80-59 Following discussion, Motion was made by Councilman Allen, seconded by Councilman Grant and carried unanimously to declare an emergency on Pico Street and, on that basis, authorize the expenditure of appropriate City funds at a cost estimated at $30,000.00 to cure this emergency, and the various other sewer trench failures throughout the City and authorize the expenditure without public bidding. PUBLIC PARTICIPATION The following individuals addressed Council: Dick Rollins, 22700 DeBerry, questioned whether the City plans to install any more street lights in the future; Ken Rinderhagen, 12738 Wilmac; David Kasznia, 12570 Michigan Avenue, regarding problems at the intersection of Michigan and Pico: Drainage; no stop signs on Michigan; excessive speeding and no speed limit signs on Michigan; and the fact that there is a school bus stop at that intersection. Mayor Petta asked Staff to take appropriate action. Ed O'Neal, 22608 Minon Drive, regarding proposed elimination of parking on Barton Road. EXECUTIVE SESSION Council recessed to Executive Session at 8:42 p.m., with City Manager Seth Armstead, Attorney Eugene Nazarek and Administrative Services/ Finance Officer Ed Clark in attendance. RECONVENE REGULAR COUNCIL MEETING The regular meeting of the City Council reconvened at 9:28 p.m. with all members present. Mayor Petta reported the Executive Session dealt with litigation and no action was taken. Page seven - 2/21/80 CITIBANK AGREEMENT Mr. Yaroslav Sochynsky, Attorney with the firm of Landels, Ripley & Diamond in San Francisco, representing Citibank of New York, made a presentation to Council stating Citibank considers the cancellation of the Underwriting Agreement to be invalid and requested the City to honor the Agreement and allow Citibank of New York to fulfill its obligation under the terms of the Agreement. CC-80-60 Motion was made by Councilman Tillinghast, seconded by Councilman Erway and carried unanimously in three parts: (1) The City decline to revoke the letter from City Manager Armstead of January 2, 1980; (2) the City decline to extend the terms of the original Agreement for 90 days as requested in the letter from Richard F. Kezer, Senior Vice -President, Citibank of New York, dated February 20, 1980; and (3) the City reaffirms its intent to terminate the existing Agreement on or after February 29, 1980. URBAN FUTURES, INC., BILLING CC-80-61 Motion was made by Councilman Tillinghast, seconded by Council Erway and carried unanimously to defer any action on the request from Urban Futures, Inc., concerning billing until the meeting of March 6, 1980. ADJOURN CC-80-62 Motion was made by Councilman Erway, seconded by Councilman Allen and carried unanimously to adjourn the regular meeting of the City Council at 9:38 p.m. A Public Work Session will be held Thursday, March 6, 1980, at 4:00 p.m. followed by the regular meeting at 6:00 p.m. Respectfully submitted, Approved: Mayor Page eight - 2/21/80 11