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04/22/1993CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR COUNCIL MEETING - APRIL 22 1993 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 April 22, 1993 at 6:00 P.M. PRESENT: Byron Matteson, Mayor Ronald Christianson, Mayor Pro Tempore Gene Carlstrom, Councilmember Herman Hilkey, Councilmember Jim Singley, Councilmember Thomas J. Schwab, City Manager Brenda Stanfill, City Clerk Randall Anstine, Assistant City Manager Patrizia Materassi, Planning Director Phil Bush, Finance Director Joe Kicak, City Engineer John Harper, City Attorney Lt. Rodney Hoops, Sheriff's Department ABSENT: None The meeting was opened with invocation by Paster Roger Greenwalt, First Baptist Church of Grand Terrace, followed by the Pledge of Allegiance led by Councilmember Singley. Mayor Matteson convened City Council meeting at 6:00 P.M. Mayor Matteson reconvened City Council meeting at 6:15 P.M. ITEMS TO DELETE 3F. Award Contract - Auditing Services SPECIAL PRESENTATIONS 2A. Mayor Matteson announced that John Hawkins and family of 12645 Warbler are the recipients of the March 1993 Recycling Family of the Month Award and of local merchant gift certificates from the Food Connection, Dimitri's Restaurant, Jack's Golf Shop, and Flowers by Yvonne. 2B. Councilmember Carlstrom recited a Proclamation declaring the week of May 2 - 8, 1993 as "Hire -A - Veteran Week." Council Minutes - 04/22/93 Page 2 2C. Councilmember Singley read a Proclamation designating the week of April 25 - May 2, 1993 as "Soil and Water Stewardship Week." 2D. Mayor Pro Tem Christianson presented a Proclamation proclaiming the week of May 2 - 8, 1993 as "Blue Ribbon Week." CONSENT CALENDAR CC-93-40 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to approve the Consent Calendar with the removal of Item 3D. A. APPROVE CHECK REGISTER NOS. 040893 AND 042293 B. RATIFY 04/22/93 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA E. MASSAGE TECHNICIAN LICENSE (BARBRA LEAMING) G. BID AUTHORIZATION FOR CITY ENTRY/SCHOOL BLOCK WALL PROJECT H. RELEASE OF SECURITIES (PERELLI TRI STATE, INC.; ARCHER) I. MASSAGE TECHNICIAN LICENSE RENEWAL (CORY WILLIAMS) J. RESOLUTION TO APPROVE REFINANCING OF CERTAIN PUBLIC IMPROVEMENTS BY THE REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE, THE REPAYMENT OF CERTAIN AGENCY INDEBTEDNESS AND THE FUNDING OF CERTAIN EDUCATION AUGMENTATION FUND PAYMENTS. ITEMS REMOVED FROM CONSENT CALENDAR 3D. APPROVE 03 25 93 MINUTES CC-93-41 MOTION BY MAYOR PRO TEM CHRISTIANSON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve the March 25, 1993 City Council Minutes as amended to indicate that Mayor Pro Tem Christianson convened and adjourned that meeting. 0 Council Minutes - 04/22/93 Page 3 PUBLIC COMMENT Dick Rollins, 22700 DeBerry Street, Grand Terrace; expressed his desire to present a comprehensive graffiti removal program to Council for consideration. Referring to two traffic collisions that occurred on DeBerry, he stressed the need for increased Sheriff's Department patrols on DeBerry, emphasizing the importance of the increased patrols during Little League games. He also noted that Terrace Hills Junior High School has posted signs at the school regarding metal detectors and the prohibition of weapons on campus. Mr. Gross, 21845 Grand Terrace Road, Grand Terrace; remarking that he is the current, resident manager of Grand Barton Mobilehome Park, expressed appreciation to Council and the Sheriff's Department regarding the curtailment of cargo handlers in the vicinity of the mobilehome park. He suggested that Stater Brother's bring in their own workers to unload their trucks. Mayor Matteson, indicated that Council is aware of the situation and will continue to address the issue. Dr. Terry McDuffee, 1478 W. Cypress, Redlands; reported that on several recent occasions cars parked behind the animal emergency clinic have been burglarized. He indicated concern regarding an increase in loiterers at the corner of Barton Road and expressed his desire that the Sheriff's Department increase patrols in the area. ORAL REPORTS 5A. Committee Reports 1. Parks and Recreation Committee (a) Minutes of 2/1/93 and 3/1/93 CC-93-42 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to accept the Parks and Recreation Committee Minutes of February 1, 1993 and March 1, 1993. 2. Historical and Cultural Committee (a) Minutes of 4/5/93 CC-93-43 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY fl COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept the Council Minutes - 04/22/93 Page 4 Historical and Cultural Committee Minutes of April 5, 1993. 3. Crime Prevention Committee (a) Minutes of 3/8/93 CC-93-44 MOTION BY COUNCILMEMBER HILKEY, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to accept the Crime Prevention Committee Minutes of March 8, 1993. 5B. Council Reports Mayor Matteson, commented regarding correspondence former Councilmember Barbara Pfennighausen wrote to Senator Ruben Ayala, Assemblyman Joe Baca, and Governor Pete Wilson regarding funds that are being diverted from Grand Terrace by the State. He remarked that he and the City Manager met with Comcast on April 22, 1993, adding that the cable company has repaired the sound system. He commented further that the new broadcasting equipment required by the Franchise Agreement will be installed within two weeks and requested that the public contact the City with any comments regarding the quality of the cable broadcast. Additionally, he commented that the cable company is addressing the rate limitations set by Congress, speculating that the information should be available to the public within a month. He announced that the City of Apple Valley is sponsoring a chili cook -off on May 22, 1993 and remarked that they have requested that Grand Terrace participate in the event. He stated that the City of Colton met during the week to discuss the future sewer rates. Councilmember Carlstrom, reported that on Tuesday, April 20, 1993, he attended the Colton City Council Meeting to hear the first reading of an Ordinance relating to the wastewater revenue rate program and tertiary treatment facility. He commented that the meeting also covered approval of RIX Agreements and clarified that the RIX company installs fillers to treat sewage water. He explained that tertiary treatment ensures that water discharged into the surface stream system will be potable and indicated that if the cities of Colton and San Bernardino do not comply with the wastewater treatment requirement by July 1994, they will be fined Council Minutes - 04/22/93 Page 5 $10,000 per day. He remarked further that Colton's Utilities Commission has been investigating other methods of sewage treatment. He asserted that the expense of installing the tertiary treatment plant will increase the monthly sewer fee to $28.00 per residence by 1997, noting that a previously proposed rate increase of $12.50 to offset the expenditure for the Calton treatment plant was rejected. He indicated that Mayor Matteson corresponded with the City of Colton requesting the postponement of the matter in order to research the best method for implementing the sewer rate program. He remarked further, however, that a group from the Colton Utilities Commission is investigating other sources of funding for the project to provide an easier transition to the increased fee. He revealed that more information would be forthcoming at an future Council Meeting. Stressing the relevance of the matter to Grand Terrace, he commented that the City contributes 400,000 gallons of sewage daily to the Colton system, adding that the Colton input is 2-3 million gallons per day. He explained that the sewage is discharged into the Santa Ana River but expressed doubt that such a high volume of sewage could be made potable. Although revealing that the City favors the ecological aspect of the treatment plant, he indicated concern regarding the cost of the project. City Manager Schwab, revealing that tertiary sewage treatment was mandated by the Clean Water Act of 1982, he explained that the 1982 Act designated that the Santa Ana River and other waterways could no longer receive second stage effluent discharge. Commenting that the cities of Rialto, Colton, and San Bernardino were affected, he revealed that Rialto alone has constructed a tertiary treatment facility and speculated that Rialto's sewer rate is approximately $20.00. He reported further that since the cities of San Bernardino and Colton forestalled the implementation of third stage treatment, both municipalities are now under a Cease and Desist Order and are intent upon implementing the project rapidly and increasing the sewer rates from $8.25 to $28.55 over a 2 1/2 year period. He expressed uncertainty as to whether the rate increase could be avoided. Declaring that approximately 80% of the surface flow of the Santa Ana River consists of second stage sewer effluent, Council Minutes - 04/22/93 Page 6 he explained that although the water is clear, the elimination of viral components in the discharge requires a third, substantially more expensive treatment process. Furthermore, suggesting the inevitability of the sewer rate increase, he noted that funding will be needed to support not only the more costly third process, but the construction of the treatment plant as well. He acknowledged Colton's desire to ascertain whether the Rapid Infiltration (RIX) method will be most cost effective, indicating that more research will be compiled before the matter is returned to the Colton City Council for review. Explaining the wastewater contract between Grand Terrace and Colton, he remarked that Grand Terrace pays 90% of the rate that Colton charges to its residents while retaining 10% for the maintenance of the sewage collection system, adding that Grand Terrace also sets aside capital for the future replacement of those lines. He speculated that the City will not utilize the full 10% of the proposed $28.50 fee for capital improvements on the sewer system thereby enabling Grand Terrace to assess its residents at a lower rate. Indicating his desire to educate the community as to the necessity of the sewer rate increase, he emphasized that the City must comply with the tertiary treatment mandate. Mayor Matteson, mentioned that several years ago Grand Terrace added a $1.00 surcharge to the sewer bill in anticipation of the tertiary treatment requirement. He inquired whether the City was still assessing the charge, questioning the size of the fund and how it will be utilized in the conversion. Finance Director Bush, responded that the City has $100,000 in the fund. City Manager Schwab, revealing that the treatment plant will cost $30 million, he explained that increases to the tertiary reserve have halted since Colton now charges $8.25. He added that the first phase of the rate increase program will involve an adjustment of the rate from $8.00 to $12.55, incrementally increasing over the next 2 1/2 years. He added that the purpose of the revenue stream will be to purchase bonds for the construction of the third stage treatment facility. Council Minutes - 04/22/93 Page 7 Councilmember Hilkev, inquired whether a portion of the sewer fee was set aside for capital improvements. City Manager Schwab, responded that Grand Terrace's sewer rate includes the 10$ set aside for capital improvements. Councilmember Hilkev, inquired whether a fraction of the $7.00 fee that was paid to the Colton sewer district was to be utilized for future expansion. City Manager Schwab, explained that, typically, a sinking fund is established to provide for capital improvements but stated that Colton did not include a capital improvement stipulation in the $7.00 or the $8.00 rate. He remarked that the actual sewer plant operations currently are being subsidized by the capital improvement fees that are being collected from residents connecting to the system, commenting that those residents are funding the capacity for future expansion of the sewage system. He added that past and present residents have already contributed funds for the repair of the sewer lines. Councilmember Hi ke , expressed concern regarding Council's apathetic response to the 300% rate increase and opposed the City of Colton determining Grand Terrace's percentage share of the sewer cost. Mayor Matteson, observed that a percentage was allocated to Grand Terrace and inquired whether Colton was planning secondary and tertiary construction. City Manager Schwab, replied that Colton is rehabilitating the second stage plant in addition to constructing a new, third stage plant. He acknowledged that Colton's sewer rate should have included a surcharge for a capital improvement reserve and added that Colton has undercharged the City of Grand Terrace for the processing of the City's wastewater. He remarked that Grand Terrace can build its own sewer plant as an alternative but indicated that the cost of building such a plant for the 13,000 residents of the City would not be cost effective, explaining that the City would need to construct a first, second, and third stage plant. Council Minutes - 04/22/93 Page 8 Mayor Matteson, concurred that it would not be feasible to construct a treatment plant for Grand Terrace. Councilmember Hilkev, encouraged Council and staff to guard the interests of Grand Terrace. Mayor Matteson, explained that was the reason Grand Terrace requested that Colton postpone the matter. Councilmember Carlstrom, remarked that the construction of the tertiary treatment plant has been delayed for so long that the treatment plant itself needs refurbishing. He speculated that the current, lower interest rates should mitigate the costs of construction. City Engineer Kicak, stated that the rate to connect to the sewage system in 1972 was $100 and commented that the rate is $2,750 today. Councilmember Hilkev, revealed that Omnitrans is under investigation, relating that the situation will become public in the future. He commented that he obtained a copy of a publication entitled "Graffiti Play," which was published by the Daily Bulletin. He expressed his opinion that the graffiti study was interesting, commenting that the publication explored the emotional aspects of tagging from the perspective of citizens, taggers, and businessmen. He requested that staff provide copies of the publication for Council. Councilmember Sinaley, reported that he attended the Historical and Cultural Committee meeting on April 5, 1993 and announced that the Grand Terrace Fine Art Show will be held on May 2, 1993. He added that all of the artists will either be Grand Terrace residents or employed in the City. Mayor Pro Tem Christianson, commented that he attended the Citizen's Patrol graduation ceremony on March 29, 1993 at Grand Terrace City Hall. He reported that eleven members of the graduating class were from Grand Terrace while two were from Loma Linda. He also stated that Community services Officer Korgan indicated that the Citizen Patrol plans to implement a night patrol. He thanked the Woman's Club for the luncheon held to honor the City's sponsorship of the Club. He congratulated Council Minutes - 04/22/93 Page 9 Assistant City Manager Anstine and the Recreation staff on the success of the Easter Egg Hunt, held on April 10, 1993. He commented that a report on graffiti removal in the City revealed that graffiti, with a few legitimate exceptions, is being removed within the time prescribed by the City's policy. He suggested that Dick Rollins introduce his proposal for graffiti removal to the Crime Prevention Committee prior to presenting it to Council. He reported that he received a letter from the San Bernardino Valley Municipal Water District advising the City that a $10.00 per parcel charge will be levied on the tax bill of all Grand Terrace residents. He announced that the Public Hearing regarding the proposed surcharge will be held on June 18, 1993 at 7:30 at the Radisson Hotel in San Bernardino. He commented that the proposal will be adopted or rejected at the July SBVMWD meeting. PUBLIC HEARING 6A. Products Through the Use of Vending Machines CC-93-45 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 3-2 (MAYOR PRO TEM CHRISTIANSON AND COUNCILMEMBER HILKEY VOTED NO), to deny the hearing of the Ordinance. Susan Crawford, former Grand Terrace Councilmember; questioned whether the City receives tax money from the sale of tobacco. City Manager Schwab, replied in the negative, indicating that the State depleted that revenue source. Susan Crawford, former Grand Terrace Councilmember; expressed her opinion that tobacco should be found illegal before the City attempts to ban its use. UNFINISHED BUSINESS 7A. Appeal/Reevaluation of Planning Commission Approval Conditions Related to UP-93-01 CUP-93- 3 and CUP-93-04 Council Minutes - 04/22/93 Page 10 Planning Director Materassi, summarized the Planning Commissions position on the CUPS, indicating that the Planning Commission was unable to extend the duration of the temporary CUPs due to the applicant's unwillingness to perform on or off -site improvements. She stated that the Planning Commission recommended that Council approve Scenario 01, restricting the temporary use permit to three years with additional conditions. Mayor Matteson, questioned whether the applicant would still dedicate 17' to the City if Council selected the three-year temporary CUP option. Planning Director Materassi, replied in the affirmative. Dr. Terry McDuffee, 1478 W. Cypress, Redlands; expressed his agreement with improving the corner of LaCrosse and Barton Road, indicating that the property in question has been in continuous commercial use since 1975. He related his desire to develop an agreement of acceptable conditions for the project and explained his objection to the City's intention to place a lien against the property if the off -site improvements were not installed in a specified time period. He expressed his belief that the proposed project does not justify the expense of the off - site improvements. He remarked that the off -site improvements should correspond to the phase of the project that involves the development of the veterinary hospital. He stressed that he is unable and unwilling to sign an agreement that will require off -site improvements prior to the development of the veterinary hospital. He further stated his opposition to the three-year duration of the temporary CUPS, citing the difficulty of securing suitable tenants for that time period and indicating his uncertainty as to Caltrans's plans to improve the I-215 freeway, which will directly impact his property. He explained that Caltrans intends to appropriate 50% of the square footage of his property, moving LaCrosse Avenue from the east to the west of his parcel, adding that the remaining property will be sufficient to support the development of the veterinary hospital unless Caltrans secures the entire parcel. He emphasized that he will oppose Caltrans, suggesting that the City would prefer the commercial development to freeway foliage. He reiterated his reluctance to develop the property without further information from Caltrans. He proposed to dedicate 15' along the frontage of Barton Road, excluding the house, to Grand Terrace to give the City the right- of-way to install improvements along Barton Road when necessary. He also indicated his intention to bring the Council Minutes - 04/22/93 Page 11 house up to Code and to comply with the other specified conditions, excluding the off -site improvements. He commented that the proposed tenants, Fritz Lawnmower Repair and American Camper Sales, will be beneficial to the community, stating his opinion that the commercial use will be suitable for that location for the interim prior to the freeway improvements. He requested a five- year duration for the temporary use permit and the approval of the CUP for the veterinary hospital, citing the benefits to the City. Mayor Matteson, expressed support for the three-year temporary use permit and adamantly opposed the five-year term. Dr. Terry McDuff ee, 1478 W. Cypress, Redlands; requested approval to dedicate 15' rather than 171 of frontage on Barton Road in order to exclude the house and avoid surveying the site. Mayor Matteson, clarified that the only change on Scenario #1 was the adjustment of the dedication from 17' to 15'. Councilmember Hilkey, stated his belief that no new construction or improvements would be done to the site. Planning Director Materassi, responded that the current structure will be brought up to Code and utilized. She added that a slag parking lot, a curb, and some landscaping will be installed around the property. Councilmember Hilkey, inquired as to where the improvements where listed in Scenario #1. Planning Director Materassi, responded that the improvements would be completed at the expiration of the three-year CUP, clarifying that if the improvements are not installed at that time, the applicant would need to terminate the use of the property. She stated further that if the use is not terminated, the City has the right to install the improvements. She added that the applicant needs to bring the structure up to Code. CC-93-46 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM CHRISTIANSON, CARRIED 5-0, to accept the recommendation of the Planning Commission to maintain the three-year duration of the temporary CUPS as indicated in Scenario #1, with the requirements amended to indicate that the Council Minutes - 04/22/93 Page 12 dedication to the City will be 15 feet rather that 17 feet. Scenario #1 includes: 1. Temporary CUPS (93-03 - Fritz Lawnmower and 93-04 - American RV/Trailer Sales) to be of three (3) years duration. 2. Veterinary hospital CUP-93-01 denied. 3. Applicant has the right to reapply for new temporary CUPS prior to expiration date. 4. off -site improvements on Barton Road are required to be installed at the end of three (3) years. 5. In case the applicant does not reapply and does not install off -site improvements on Barton Road, he shall terminate the uses. 6. In case the applicant does not reapply, install off -site improvements on Barton Road, nor terminate the uses, the City has the right to improve and lien the property. 7. Compliance with all conditions listed under original Phase 1 with the exception of #2, which refers to the deferral agreement for off -site improvements. 8. Compliance with conditions listed for Phase 1 for the County of San Bernardino Fire Warden's, County of San Bernardino Environmental Health's and Riverside Highland Water Company's memorandums to the City dated February 8, January 25, and January 27, respectively. 9. Compliance with conditions listed on City Engineer's memorandum dated February 2, 1993, items la, 2a, 7, 9, 12, 13, and 14. NEW BUSINESS 8A. Schedule Meeting to Interview for Planning Commission Council concurred that the deadline for applicants for the Planning Commission position would be April 30, 1993. Council instructed staff to notify former Planning Commission applicants of the open position and to notify all applicants that the interviews will be held on May 6, 1993, beginning at 6:00 p.m. ri� Council Minutes - 04/22/93 Page 13 8B. Set Budget Meetings Council concurred that the Budget hearings will be held on June 7, 1993 and June 9, 1993 at 6:00 p.m. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council Meeting at 7:41 p.m., until the next regular CRA/City Council Meeting, which is scheduled to be held on Thursday, May 13, 1993. MAYOR the City $f G#and Terrace CITY CLERK of the City of Grand Terrace