01/23/1992CITY OF GRAND TERRACE
CITY COUNCIL MINUTES
REGULAR MEETING - JANUARY 23, 1992
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 January 23, 1992 at 6:00 p.m.
PRESENT: Byron Matteson, Mayor
Gene Carlstrom, Councilmember
Ronald Christianson, Councilmember
Herman Hilkey, Councilmember
Thomas J. Schwab, City Manager/Finance Director
Patrizia Materassi, Planning Director
Brenda Stanfill, Deputy City Clerk
John Harper, City Attorney
Joe Kicak, City Engineer
ABSENT: Hugh J. Grant, Mayor Pro Tem
Randall Anstine, Assistant City Manager
The meeting was opened with invocation by former Councilmember Barbara
Pfennighausen, followed by the Pledge of Allegiance led by Councilmember
Carlstrom.
Mayor Matteson convened City Council meeting at 6:05 p.m.
Mayor Matteson reconvened City Council meeting at 6:15 p.n.
ITEMS TO DELETE
3F. Refuse Exemption (Boyd)
SPECIAL PRESENTATIONS
Mayor Matteson presented a Proclamation designating
February, 1992 as "Cruise Vacation Month."
CONSENT CALENDAR
CC-92-09 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY COUNCILMEMBER
HILKEY, CARRIED 4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to
approve the remainder of the Consent Calendar with the removal of
Item H and Item J.
A. APPROVE CHECK REGISTER NO. 012392
B. RATIFY 01/23/92 CRA ACTION
Council Minutes - 01/23/92
Page 2
C. WAIVE FULL READING OF ORDINANCES ON AGENDA
D. APPROVE 1/9/92 MINUTES
E. RENEW VEHICLE ABATEMENT CONTRACT
G. GRANT DEED (KENNEDY)
I. RECYCLING EXEMPTION (DELPERDANG)
K. TENTATIVE TRACT 15149 (POTOMAC WEST)
L. TENTATIVE PARCEL MAP 10915 (FOX)
ITEMS REMOVED FROM THE CONSENT CALENDAR
3H. APPROPRIATION FOR MEMORIAL PLAQUE FOR LIBRARY
CC-92-10 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER HILKEY, CARRIED
4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to appropriate $250 from
the unappropriated General Fund balance to provide matching funds
for the purchase of a memorial plaque, which is to be installed at
the Grand Terrace Library, in honor of the recently deceased
11-year old Kevin Wilburn.
3J. ADDITIONAL APPROPRIATION FOR GRAND TERRACE ROAD STORM DRAIN
PROJECT
CC-92-11 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER CARLSTROM,
CARRIED 4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to authorize the
inclusion of overhead in the Grand Terrace Road Storm Drain Project
and to approve the additional appropriation of $8,373 to increase
the City's total participation in the project to $102,324.
PUBLIC COMMENT
Barbara Pfenni hausen, 22111 Ladera, Grand Terrace; questioned the
City's participation in the Storm Drain Project.
City Manager Schwab, explained that a developer is required to provide
sufficient drainage capacity to accommodate the additional runoff that
results from the development of a parcel. Clarifying that the
developer is only responsible for drainage for that developed parcel,
he commented that another developer who develops a neighboring parcel
will need to remove the previous storm drain and build a new drainage
system to accommodate the increased incremental flow. Indicating that
the City desires to avoid problems with an inadequate storm drain
system for that area, he stated that the City determined that a 36"
pipe will ultimately be necessary to adequately drain the entire
40-acre location. He remarked that the project is being funded through
the City's Storm Drain Capital Improvement Fund, adding that the City
Council Minutes - 01/23/92
Page 3
will collect the Storm Drain outlay in fees and pro rata charges to the
developers.
Barbara. Pfennighausen, 22111 Ladera, Grand Terrace; complimented the
new Town & Country Center but objected to the neon lights that
advertise alcoholic beverages in the windows of Gina's Restaurant in
the Center and asserted her belief that the signs are illegal. She
expressed displeasure at the headline regarding the investment fraud
case that appeared in a local newspaper that states that "Grand Terrace
can live with $700,000 loss." She requested clarification as to
whether the lost funds were Community Redevelopment Agency or City
monies or a combination of both funds.
City Manager Schwab, responded that the press release which he recited
at the January 9, 1992 City Council meeting was given to the local
newspaper but indicated that it was the title editor of the newspaper
and not the City who created the headline regarding the investment
fraud case. He remarked that the potential loss is distributed among
all the funds, adding that the Redevelopment Agency Funds, the Capital
Improvement and Sewer Funds, and the General Funds are affected. He
commented that $120,000 of General Funds were involved in the
investment and explained that in 1993 the General Fund will begin with
$1.38 million dollars rather than $1.5 million dollars, stating that
the citizens will not be affected by a loss of services.
David Terbest, Vice -President, Chamber of Commerce; expressed delight
that the City was well represented at the tri-mixer of the cities of
Colton, Grand Terrace, and Rialto. He commented that on January 28,
1992 the Chamber will begin its week-long membership drive at the Food
Connection restaurant and added that the City has been invited to
attend the City of Colton's opening ceremony of its new Wal-Mart store
on February 4, 1992. He invited the City to attend the $10,000 drawing
at the Maruko Hotel in San Bernardino on Friday, March 20, 1992.
Stan Hargrave, 12048 Canary Ct., Grand Terrace; indicated his belief
that the article in the Press Enterprise properly quoted the City
Manager but admitted that he concurred with the City Manager's
assessment of the headline. He inquired as to whether the City has a
written investment guideline for the General Fund account and
questioned whether a 70%-30% earnings sharing split was or was not
prohibited for the investment of General Funds.
City Manager Schwab, commented that the City does have a written
guideline for the investment of City funds and indicated that a sharing
split of funds is not prohibited for the investment of General
Funds.
Stan Hargrave, 12048 Canary Ct., Grand Terrace; queried the City
Manager as to whether any of the City's General Fund is currently
invested with any programs that are not FDIC government guaranteed
bank accounts.
Council Minutes - 01/23/92
Page 4
City Manager Schwab, assured Mr. Hargrave that the funds the City has
invested are insured to a maximum of $5 million dollars with the State
of California.
Stan Hargrave, I204B Canary Ct., Grand Terrace; indicated for the
record that he has been judged an expert in financial matters by the
courts and NESD. He remarked that the Securities Investors Protection
Corporation defines its insurance in two categories - cash and
securities - and explained that cash is covered to a maximum of
$100,000 and securities are covered up to $400,000. He remarked that
the value of securities is not guaranteed, adding that bonds will be
delivered at the present market value. He commented that the insurance
claim for recovery of lost funds must be made within 60 days from the
date that the court order is given to close the investment firm. He
stated that funds over the amount of the insurance can be obtained from
the company's assets but remarked that the recovery process can take up
to 5-years. He explained that the Due Diligence process determines the
facts and circumstances of the loss and is comprised of independent
third party individuals who have no interest in the investors involved.
Identifying his financial company as a Due Diligence firm, he outlined
the standard operating investigation procedures his company would have
performed on ITM before investing any funds with that company and
suggested that the City's Finance Officer be temporarily removed from
making any independent investment decisions regarding the General Funds
without approval in writing from the Mayor or the Council until the
matter is settled.
Peggy Taylor, 22843 Vista Grande Way, Grand Terrace; expressed
delight with the appearance of the Town & Country Center but objected
to the advertisements in the windows of Gina's restaurant. She
indicated her concern for skateboarders' safety in the parking lot of
the Center and voiced her concern about graffiti in the area.
Mike O'Connell, 22596 Thrush, Grand Terrace; requested that Council
support the various sports leagues in the City. He declared that
he has been a volunteer with youth sports for five years and has served
as an umpire for Little League and is currently on the Board of
Directors with Little League, adding that he is also currently on the
Parks & Recreation Committee in Grand Terrace. He stated his opinion
that youth organizations often use their status to garner support from
a community and protect themselves from criticism, and he specifically
expressed his objection to the local basketball league. He commented
that each child in the league must pay a fee in excess of $70 to play
basketball, stating that his child's team paid $500 to the league to
play 11 games. He supported the Council's contribution to youth sports
but requested that Council question the leagues that seek funding from
the City. He remarked that Little League does not require any fees
from its participants although parents pay a nominal donation fee and
revealed that the soccer team requires only $35, which includes the
uniform. He added that the City of Colton charges $10 per child for
basketball, which includes a jersey, and indicated that the Colton W
program is subsidized by that City's Parks & Recreation Department. He
Council Minutes - 01/23/92
Page 5
suggested that Grand Terrace's Parks & Recreation Department
investigate supporting youth sports leagues.
MaXor_Matteson, requested that the City Manager contact the basketball
league to obtain a budget and a policy manual for Council review.
ORAL REPORTS
5A. Committee Reports
1. Crime Prevention Committee
(a) Minutes of 12/9/91
CC-92-12 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY COUNCILMEMBER
CARLSTROM, CARRIED 4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to
accept the Crime Prevention Committee Minutes of December 9, 1991.
2. Historical & Cultural Committee
(a) Minutes of 1/6/92
CC-92-13 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY COUNCILMEMBER
CARLSTROM, CARRIED 4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to
accept the Historical & Cultural Committee Minutes of January 6,
1992.
5B. Council Reports
Mayor_Matteson, requested that the community contribute B positive
or B negative blood for longtime resident, Jim Ray, who will have
open heart surgery on Sunday, January 26, 1992, adding that those
who need further information may contact the City Manager at City
Hall. He extended his condolences to Mayor Pro Tem Grant in the
death of Mr. Grant's brother. He reported that he presented a
Proclamation on behalf of the Grand Terrace City Council honoring
outgoing School Board member Ruth Harris at the Colton City Council
Meeting. He commented further that the PTA is holding a dinner in
her honor on Tuesday, February 11, 1992 and remarked that he has
reservations for anyone who may be interested in attending. He
announced that on January 28, 1992 at 1:00 p.m. there will be a
groundbreaking ceremony for the new Cooley Ranch Elementary School.
Councilmember Carlstrom, in reference to citizen complaints
regarding parking at the new Town & Country Center, admitted that
there is a shortage of parking spaces at the Center and added that
Little Ceasar's Pizza delivery trucks often block the parking
lot between 10:00 a.m, and 11:00 am. He recommended that the
deliveries be conducted prior to 8:00 a.m. He also stated that the
trash facilities for the Center are inadequate but indicated that
he has spoken with BFI and Mr. Hardesty, the developer, to arrange
Council Minutes - 01/23/92
Page 6
for more frequent trash pickup service. He stated further that
employees who have been instructed by business owners in the Center
to park on the street are being ticketed. He requested that Staff
investigate the parking ticket issue and reiterated his objection
to the gangboxes at the Center. He indicated that the mail was
being delivered but commented that the mail was not being picked
up, adding that he spoke with the Postmaster in Colton to rectify
the matter. He commented, however, that the mail service problem
has not been mitigated. He reported that he met with the City
Engineer to clarify the location of the "Stop" sign on Honey Hill
Drive and mentioned the possibility of resolving the traffic
dangers without the use of a sign. He reported that SANBAG's
annual budget increased from $3 million dollars to $90 million
dollars due to funds that the organization received from the
recently passed Measure I and Proposition 111. He indicated that
the funds were to be utilized for congestion management and rapid
transit, adding that the organization purchased rights -of -way for a
communter rail system from San Bernardino to Los Angeles at a cost
of millions of dollars in bonds. He revealed, however, that
members of SANBAG have expressed dissatisfaction with Wes McDaniel,
the Executive Director, due to the rejection of a 4% salary
increase and due to the fact that Mr. McDaniel has been operating
without a budget for seven months. He expressed empathy for Mr
McDaniel's responsibilities and summarized a letter from Mr.
McDaniel that indicates Mr. McDaniel's concern for any changes in
personnel while SANBAG is attempting to achieve a satisfactory bond
rating to fund and implement the Measure I projects. He
recommended that the City support the granting of a job review to
Mr. McDaniel by the SANBAG Board of Directors before any decisions
are finalized to remove Mr. McDaniel from his position. He added
that he will convey the Council's stance on the matter at the
February 1992 meeting of the SANBAG Board of Directors.
Council concurred to give Councilmember Carlstrom the authority to
base his decision regarding Mr. McDaniel upon the information that
he receives at the SANBAG meetings.
Councilmember Hilke , stated that San Bernardino County publishes a
recyc Ong handout entitled Full Circle. He reported that the
County generates 2 million tons of waste annually, or 6-7 pounds of
trash per person per day, adding that paper represents 34% of the
wastestream. He commented that yard debris comprises 24% of the
waste but indicated that only 10% of the total wastestream is being
recycled. He remarked that 3% of plastics and 51% of all metals
are being recycled. He revealed that 1.7 million tons of the
County's trash is in landfills and asserted that only 14% is
diverted to recycling. Remarking that the State's goal is 25%
recycling by the year 1995 and 50% by the year 2000, he requested
that BFI provide Council with a report on the City's present level
of recycling.
Council Minutes - 01/23/92
Page 7
Cit Manager Schwab, conveyed that the City participates in the
office recycling program whereby all of the white bond and copy
paper is recycled. He added that the City is currently working
with BFI to investigate the feasibility of establishing a community
location for the disposition of yard wastes or a curbside yard
waste collection program.
Councilmember Hilke , inquired as to whether the Recycling Family
of the Month could be publicized more fully rather than just in the
Chamber newsletter. He requested a program accounting for
softball, the recreation programs, and child care, questioning
whether the City supports the programs or whether the programs are
self-sustaining. He queried the City Manager as to the amount of
revenue that the City receives from parking tickets.
City Manager Schwab, indicated that parking tickets are locally
collected and administered. He explained that if a person does not
pay a citation, the City pays a contract agent .501 per ticket to
add the delinquent fees to the DMV role system thus preventing the
errant person from re -registering his or her vehicle without paying
the ticket. He admitted, however, that the City encounters
difficulties with collecting fees obtained from moving violations
that are written by the Sheriff's Department and local police
agencies, commenting that that revenue is to be returned to the
City minus the County's administrative fees. He mentioned that the
County has been withholding those funds from the City but indicated
that Grand Terrace and other cities in the County brought a joint
action lawsuit against the County to release the fine revenues to
the various cities. He added that the cities prevailed in the
trial and stated that the City has been reimbursed for three years
of traffic violation fine revenues. He commented further that the
County has established a system to ensure that the City receives
its revenue in the future. He emphasized that Barton Road is legal
parking but remarked that Staff is reviewing the area in the
vicinity of the Town & Country Center regarding potential changes
due to motorists who are parking on Canal. He stated that he will
investigate the situation and return the matter to Council.
Mayor Matteson, reported that a recently enacted state law
prohibits the County from deducting booking fees from property
taxes. He indicated that some cities are protesting by withholding
the booking fees to prevent the County from deducting any amount
from the property taxes and suggested that the City of Grand
Terrace also similarly protest.
City Manager Schwab, expressed his belief that the booking fee is a
legally allowable fee, indicating that the County can assess the
fee as long as the County can justify the fee amount. Although
indicating his objection to the fee, he revealed that the cost of
booking fees in Grand Terrace is nominal and recommended that the
City continue to pay the booking fees.
Council Minutes - 01/23/92
Page 8
Mayor Matteson, expressing apprehension that if the law is declared
unconstitutional the City will not be reimbursed for the booking
fees, suggested that the fees be paid into a trust until the issue
is settled in court.
City Attorney Harper, reassured Council that if the cities are
successful in their lawsuit, the fees will be returned to Grand
Terrace.
Councilmember Christianson, questioned whether the lawsuit includes
a claim by the City that the booking fee is in violation of the
contract between Grand Terrace and the San Bernardino County
Sheriff's Department.
City Attorney Harper, responded in the affirmative, indicating that
the issue is different for cities that do not contract for law
enforcement.
Councilmember Hilkey, inquired as to the status of Comcast.
City Manager Schwab, conveyed that he met with the new General
Manager of Comcast and stated that he discussed the obligations of
the Franchise Agreement with the General Manager and requested new
equipment and enhanced facilities to cover the Council Meetings.
He commented that he suggested that Comcast establish a program at
local schools to teach youths about audiovisual production and
added that the General Manager will review the issues with Comcast
and return a proposal to Tom which can be negotiated for a
recommendation to Council.
Councilmember Hilkey, inquired as to the status of the Caltrans
i ssue.
City Manager Schwab, admitted that he has had difficulty in
ascertaining the appropriate person to contact regarding the
advanced planning of the freeway widening project. He stated that
he sent correspondence to the District Director of Caltrans that
indicates the City's satisfaction with the sound attenuation wall
that will be constructed with the 5-year plan but stresses the
City's concern regarding the need to immediately establish a site
for the re -location of Grand Terrace Elementary School which will
be condemned once the 20-year plan is implemented. He remarked
that if the site zones are amended, there are several potential
areas in the City currently available for the relocation of the
elementary school. He indicated further that his letter to
Caltrans emphasizes Grand Terrace's desire to educate its grade
school children within the boundaries of the City. He asserted,
however, that the ultimate decisions and actions regarding the
school will be perpetrated by the School Board.
Councilmember Hilke , questioned whether Mr. Hargrave has a
financial checklist for the involvement of a third party
Council Minutes - 01/23/92
Page 9
{
in an investment and requested that Staff develop a rebuttal to the
implications of the newspaper headline in question in order to
inform the citizens of the affects of the investment loss.
Expressing uncertainty, he indicated his belief that the lights in
the windows of Gina's were reviewed by Planning and determined to
be legal backlit lights.
City Manager Schwab, explained that the issue of lighting at Gina's
involves the percentage of window coverage rather than the type of
lighting. He indicated that the Planning Department has already
informed the business that they are in violation of the existing
sign code, adding that the maximum coverage allowed is 25% which
equates to a light in every other window. He clarified that he is
working with the owner of the Town & Country Center and the owner
of Gina's to ensure that Gina's complys with the sign code.
Councilmember Christianson, inquired as to whether the City has a
skateboarding Ordinance.
Cit Manager Schwab, responded that the City does not have any
Ordinances regulating sidewalk skateboarding.
Councilmember Christianson, recommended
rdinance regulating skateboarding and p
upcoming meeting. He reported that
Legislative Mixer on January 16, 1992 an
d
City Manager Schwab, indicated that he will develop a format to
inform youth sports organizations of Council's expectations
regarding funding requests, stating that he will return the issue
to Council.
Councilmember Hilkey, questioned whether there is competition among
youth organizations to serve certain areas.
Councilmember Christianson, responded that although both the Grand
Terrace Basketball league and the City of Colton's basketball
program serve Colton, the two organizations are not in competition.
Mayor Matteson, clarified that the Grand Terrace Area Youth
Basketball Association is privately operated.
Councilmember Hilkey, expressed confusion regarding his discovery
that some youth sports teams have no sponsorship while others have
multiple sponsors.
Council Minutes - 01/23/92
Page 10
Councilmember Carlstrom, explained that sponsorship is a small
portion of the overa udgets for youth organizations, indicating
that the budget for the Grand Terrace Area Youth Basketball
Association is 18,500 annually of which the City contributes
$1,200.
Barbara Pfennighausen, 22111 Ladera St., Grand Terrace; defended
the fees for the basketball team, noting that the lack of parent
volunteerism has necessitated that the team hire a professional
scorekeeper.
NEW BUSINESS
8A. Redesignate Department oi• Environmental_ Health Services as LEA
CC-92-14 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER CHRISTIANSON,
CARRIED 4-0-1-0 (MAYOR PRO TEM. GRANT WAS ABSENT), to adopt the
Resolution redesignating the Department of Environmental Health
Services as the Local Enforcement Agency for solid waste and to
authorize the Mayor to execute a letter notifying the California
Integrated Waste Management Board of the Council's action.
8B. Appropriation - Riverside Highland Water Company
CC-92-15 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER
CHRISTIANSON, CARRIED 4-0-1-0 (MAYOR PRO TEM GRANT WAS ABSENT), to
appropriate $6,234 from the unappropriated balance in the Gas Tax
Fund for water meter installation for the streetscape improvements
associated with the Barton Road Expansion Project.
8C. Appoint Council Sub -Committee on Investments
Council concurred with the Mayor's appointment of Councilmembers
Christianson and Hilkey to a Sub -Committee to study the City's
Investment Policy.
ORDER OF ADJOURNMENT
Mayor Matteson adjourned the City Council meeting at 7:55 p.m., until
the next regular CRA/City Council meeting, which is scheduled to be
held on Thursday, February 13, 1992.
i ,,, �,,7L
M YOR the Cit o d Terrace
�Bj� T
eputy City Clerk of Ae City of
Grand Terrace
0