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07/17/1980v� CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JULY 17. 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 6:06 p.m. on July 17, 1980. PRESENT: Thomas A. Tillinghast, Mayor Hugh J. Grant, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman (arrived at 7:41 p.m.) Jim Rigley, Councilman Edward Clark, Finance/Administrative Services Officer Jim Craig, City Attorney representing Clayson Rothrock & Mann Joe Kicak, City Engineer Ilene Dughman, Records Manager/Deputy City Clerk ABSENT: Seth Armstead, City Manager Myrna Lindahl, City Clerk The meeting was opened with invocation by Reverend Lorimer, Retired, followed by the Pledge of Allegiance, led by Bob Yeates. ITEMS DELETED FROM AGENDA 5C - Community Development Block Grant - Alternative Projects for funds. APPROVAL OF MINUTES - JUNE 12, 1980 CC-80-257 Motion was made by Councilman Grant, seconded by Councilman Rigley and carried unanimously by all present to -approve the Minutes of June 12, 1980, as submitted. APPROVAL OF MINUTES - JUNE 19. 1980 CC-80-258 Motion was made by Councilman Rigley, seconded by Councilman Petta and carried unanimously by all present to approve the Minutes of June 19, 1980, as amended. APPROVAL OF MINUTES - JUNE 26, 1980 CC-80-259 Motion was made by Councilman Petta, seconded by Councilman Rigley to approve the Minutes of June 26, 1980, as submitted. The Motion passed on AYE votes of Councilmen Petta, Rigley, and Mayor Tillinghast. r Councilman Grant abstained from voting. Page one - 7/17/80 APPROVAL OF MINUTES - JULY 3, 1980 CC-80-260 Motion was made by Councilman Petta, seconded by Councilman Rigley to approve the Mintues of July 3, 1980, as amended. The motion passed on AYE votes of Councilmen Petta, Rigley, and Mayor Tillinghast. Councilman Grant abstained from voting. CONSENT CALENDAR CC-80-261 Motion was made by Councilman Petta, seconded by Councilman Rigley and carried unanimously by all present to approve the following items on the Consent Calendar: A. Approval of Check Register No. 071780. B. RESOLUTION NO. 80-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING AND ACCEPTING THE ENERGY CONSERVATION ASSISTANCE LOAN AGREEMENT. C. RESOLUTION NO. 80-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR PEDESTRIAN FACILITIES FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS PEDESTRIAN FACILITIES PLAN. D. RESOLUTION NO. 80-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, SUPPORTING THE CLEAN COMMUNITY SYSTEM, INC, AS DEVELOPED BY KEEP AMERICA BEAUTIFUL, INC. COMMISSION/COMMITTEE REPORTS PARKS & RECREATION COMMITTEE CC-80-262 Motion was made by Councilman Petta, seconded by Councilman Rigley and carried unanimously by all present to accept, with regret, the resignation of Ron Poll as member of the Parks and Recreation Committee. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Barbara Mathews, Chairperson, addressed Council stating their Committee had only three active members at the present time; and they find it difficult, with only three members, to accomplish their projects. Requested Council send letters to Committee Members Jack Wildman, Ray Ramirez, Sarah Jay, and Ed Courtney asking for their resignations if they do not intend to remain as active mem- bers. Mrs. Mathews also stated they could not recommend Donna Tetley for appointment as she is unable to attend Monday -Night meetings. Page two - 7/17/80 CC-80-263 Motion was made by Councilman Petta, seconded by Councilman Grant and carried unanimously by all present to direct Staff to prepare the necessary letters to Jack Wildman, Ray Ramirez, Sarah Jay, and Ed Courtney requesting their intentions as to whether or not they wish to continue as active members of the Historical and Cultural Activities Committee. Mayor Tillinghast directed Staff, -in addition to preparing the necessary letters, if response be that a member no longer wishes to continue serving as an active member, to prepare the necessary advertising for openings on the Committee. VOLUNTEER SERVICES COMMITTEE Bob Yeates, Chairman, addressed Council on the following: (1) Final score of the July 4th picnic softball game between Planning Com- mission, Council & Staff, and the Committees. (21 Election of officers held at their July loth meeting -- officers are: Bob Yeates, Chairman; Ken Rinderhagen, Vice -Chairman; Barbara Pfennig- hausen, Secretary; Emily O'Neal, Finance person to work with City Finance Department. (3) The Committee will ask Council's per- mission for future programs in order to conform with revised Policy for Boards, Commissions, and Committees. (4) Asked City Attorney :Jim Craig for recommendations for the handling of Accent on Youth '. funds in order to conform with the Conflict of Interest Code and also keep the purpose of expended funds from becoming public record. City Attorney Jim Craig recommended the Accent on Youth Committee make recommendations to Staff; that Staff have the authority to approve recommendations to expend funds without bringing it to •Council. .(5) Stated he will be with Boy Scout Troop 40 in the 44 High Sierras the week of the next Council Meeting, August 7, 1980. CURB PAINTING - SOUTHEAST CORNER OF MT. VERNON & BRENTWOOD City Engineer Joe Kicak stated recommendations in the County Sheriff's Department report dated July 14, 1980, were basically the same as those of the Engineering Staff. Captain Phil Schuyler, San Bernardino County Sheriff's Department, stated he had no recommendations other than those given in his letter. Mayor Tillinghast opened the meeting to public participation. Yvonne Best, 11731 Mt. Vernon Avenue, said she had no further comments at that time. There being no public comments, Mayor Tillinghast closed the meeting to public participation. Following discussion, Council deferred action until Councilman Nix arrived in order that all Council Members be present to determine action. Page three - 7/17/80 APPROVE JOB DESCRIPTIONS COMMUNITY SERVICES DIRECTOR CC-80-264 Following discussion, Motion was made by Councilman Petta, seconded by Councilman Rigley and carried unanimously by all present to delay action of approving the Community Services Director Job Description until the meeting of August 7, 1980. ADMINISTRATIVE ASSISTANT CC-80-265 Following discussion, Motion was made by Councilman Rigley, seconded by Councilman Grant and carried unanimously by all present to approve the Job Description of Administrative Assistant as amended. CC-80-266 Page four - 7/17/80 Mayor Tillinghast directed Staff to advertise for the position of Administrative Assistant. POLICY REGARDING DAMAGE BY PARKWAY TREES City Engineer Joe Kicak requested Brian Esgate, City Engineering Department, brief Council on this matter. Mr. Esgate outlined the four Staff recommendations resulting from the Staff's survey of City areas with broken sidewalks and/or curbs and gutters; asked City Attorney Jim Craig for legal opinion regarding the City's liabilities for sidewalk areas not repaired, with the possibility of injury to pedestrians, based on an authorized ongoing program. City Attorney Craig said, based on similar recent cases, it is his opinion that it is a duty of a municipality to become aware of areas where trees are causing damage to sidewalks and see that repairs are effected. Stated the City is liable if damage is not repaired, and, in his opinion, it is in the best interest of the City to effect the repairs. City Engineer Joe Kicak asked City Attorney Craig to what extent the responsibility of the City is to actually go out and inspect for damages to sidewalks. City Attorney Jim Craig stated, in his opinion, the standard would appear, in a negligence action in this regard, to be one of "reasonable inspection." The City employees, when they see an obvious condition, should report it; and the City should respond to any citizen inquiries. Motion was made by Councilman Grant, seconded by Councilman Petta and carried unanimously by all present to approve the following: 1. Remove small parkway trees now that will in the future damage walkways, and replace them with trees allowed by the parkway tree ordinance. 11 2. Direct Staff to determine locations to be repaired with the priority based on the severity of damage and danger to pedestrians. 3. Authorize Staff t<) prepare plans and specifications to correct the damage up to a total expenditure of $10,000 as authorized in the Budget for Fiscal Year 1980-81. 4. Establish a budgeting policy to continue repairs each fiscal year until complete throughout the City. ORDINANCE NO. (FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CONDUCTING A GARAGE SALE. Following briefing by Finance/Admi.nistrative Services Officer Edward Clark and recommendation from City Attorney Jim Craig, CC-80-267 Motion was made by Councilman Rigley, seconded by Councilman Grant to approve introduction of Ordinance No. , as amended, by title only, with second reading set for the meeting of August 7, 1980. The Motion carried unanimously by all present. Mayor Tillinghast stated the resolution establishing permit fee and the fine for infraction of regulations was submitted for information purpose only, and would be acted upon at the next Council Meeting, August 7, 1980, provided the second reading of the Ordinance is adopted. Mayor Tillinghast opened the meeting to public participation to allow a citizen to voice his opposition to the proposed permit fee as that citizen will not be able to attend the next meeting. Bob Yeates, 12888 Fremontia, addressed Council stating he felt the purpose of the Ordinance was to regulate garage sale signs, and the purpose of the permit fee should be to limit persons to two garage sales a year; the permit could also be used to outline regulations established by the Ordinance. Mr. Yeates stated he felt $5.00 was too high; a range of $2.00 to $3.00 was high enough. CONSOLIDATED ELECTIONS - 11/4/80 Finance/Administrative Services Officer Edward Clark briefed Council regarding this matter. Following discussion, Motion was made by Councilman Grant to authorize an impartial analysis of the measure indicated in the Staff Report dated July 17, 1980, to be written by our City Attorney, and that Council indicate its desires relative to whether it will favor or not favor this measure at the next Council Meeting. The Motion died for lack of a second. (A copy of this Staff Report is on file in the City Clerk's Office.) Page five - 7/17/80 CC-80-268 Following further discussion, Motion was made by Mayor Tillinghast, seconded by Councilman Rigley that Council neither authorize the impartial analysis of the measure nor authorize an Argument in favor of the measure. Following discussion, the Motion passed on AYE votes of Councilmen Petta, Rigley, and Mayor Tillinghast. Councilman Grant voted NOE. Councilman Nix arrived at 7:41 p.m. CURB PAINTING - SOUTHEAST CORNER OF MT. VERNON & BRENTWOOD (CONT'D.) Following an outline of discussion held earlier in the meeting regarding this matter, Mayor Tillinghast opened the meeting to public parti- cipation. Yvonne Best, 11731 Mt. Vernon Avenue, voiced opposition to the curb painting on Mt. Vernon Avenue southerly from Brentwood to the crest of the hill. Stated she felt stop signs on Mt. Vernon Avenue, north and south, and curbed turning lanes for traffic enter- ing Mt. Vernon Avenue heading south from Brentwood would better accomplish solving the existing problem. Mayor Tillinghast closed the meeting to public participation. CC-80-269 Following discussion, Motion was made by Councilman Rigley, seconded by Councilman Nix to extend the red curb on Mt. Vernon Avenue south from Brentwood to the crest of the hill. The Motion passed with AYE votes of Councilman Petta, Nix, Rigley, and Mayor Tillinghast. Councilman Grant voted NOE. EXECUTIVE SESSION 0 Council adjourned to an Executive Session at 7:57 p.m., with Finance/Administrative Services Officer Edward Clark, City Attorney Jim Craig, and City Engineer Joe Kicak in attendance. RECONVENE Council reconvened the regular meeting at 8:20 p.m., with all members present. Mayor Tillinghast announced the Executive Session concerned litigation, and no action was taken. ADJOURN The Regular Meeting of the City Council was adjourned at 8:30 p.m. A Public Work Session will be held at 4:00 p.m., Thursday, August 7, 1980, followed by the regular meeting at 6:00 p.m. Respectfully submitted, APPROVED: MYRNA LINDAHL, City Clerk By M or Duty ity le Page six - 7/17/80