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09/08/1988CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 08, 1988 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 September 08, 1988, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis Evans, Councilmember Thomas J. Schwab, City Manager/Finance Director Randy Anstine, Assistant City Manager David Sawyer, Community Development Director Juanita Brown, Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer ABSENT: Susan Shirley, Councilmember The meeting was opened with invocation by Mayor Pro Tem Pfennighausen, followed by the Pledge of Allegiance led by Councilmember Grant. Mayor Matteson convened City Council at 6:05 p.m. ITEMS TO DELETE City Manager Schwab deleted Item 3D -- August 25, 1988 Minutes and Item 5B -- Crime Prevention presentation which will be rescheduled for the next City Council meeting. SPECIAL PRESENTATION Mayor Matteson read a proclamation and proclaimed "National POW -MIA Day," September 16, 1988. CONSENT CALENDAR CC-88-175 MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, SECOND BY COUNCILMEMBER GRANT, CARRIED 4-0 (COUNCILMEMBER SHIRLEY BEING ABSENT), to approve the remainder of the Consent Calendar with the removal of Item A -- Check Register No. 090888. B. RATIFY 9/08/88 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA E. WEED ABATEMENT CONTRACT WITH THE CITY OF SAN BERNARDINO ITEM REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION A. Approve Check Register No. 090888. Councilmember Evans referenced Check Number P5823 on Page 1 -- First American Title Process escrow for parkland site in the amount of $40,800.00, and stated for the record that he disapproved of this acquisition. CC-88-176 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, to approve the remainder of the Check Register except for Item P5823. Mayor Pro Tem Pfennighausen indicated for the record, she is against this acquisition. Councilmember Grant indicated for the record, he is for this acquisition. Motion CC-88-176 carried 4-0 (with COUNCILMEMBER SHIRLEY BEING ABSENT). CC-88-177 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT, FAILED 2-2-0 (WITH COUNCIL MEMBER EVANS AND MAYOR PRO TEM PFENNIGHAUSEN VOTING NOE AND COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Item 5823 for the $40,800.00 that was spent on the park acquisition. Mayor Pro Tem Pfennighausen stated this is what is going to happen repeatedly with a four -member Council sitting on issues that have been controversial. She stated it was time that the fifth member of this Council make her intention towards her service to this City known, since it is a fact that her house is vacant and she has moved to Colorado. Mayor Matteson replied he will investigate that and report back to Council at the next meeting. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, G.T., reported on the Crimes within the City and appealed to the citizens of Grand Terrace to be on the look out for a faded red 1981 Toyota Sedan, license number ICZU 103, California. The individual has been committing burglaries in the southwest quadrant from DeBerry Street over to the City limits and Main Street west of Mt. Vernon Avenue. 0 Council Minutes - 09/08/88 Page 2 Dick Yost, President of Chamber of Commerce, reported on the Chamber's upcoming events and read a proposal regarding the San Bernardino boundary line change. Councilmember Evans, Mr. Yost and Mayor Pro Tem Pfennighausen discussed the proposed boundary change. Ed. St. Germain I'm here with some observations and a couple of 12600 Warbler Avenue questions and a very deep worry that this City has once again managed to get itself into what is some times referred to as deep doodoo. I'm referring to the recent park acquisition. Let me start at the very beginning. I'm sure we all remember Mr. Petta coming out to this very podium and offering to act as broker for the City in finding and acquiring parkland and he agreed to waive any fee to the City. What he didn't mention and what you might not know and unless you're conversant with real estate laws, it is custom and practice in the real estate industry that any fees or broker's commissions are paid by the seller not by the buyer. Nonetheless, that offer was accepted and he immediately went out and discovered a parcel of property that was, in his view, perfect for park purposes and just by coincidence I'm sure, he happened to be the broker for the seller for at least a couple of years. Now, we start getting into the problem, he's acting as broker for the City and acting as broker for the seller. As broker for the seller, he has a legal duty to obtain the highest possible price in the terms most favorable to the seller, as broker for the City he has a legal obligation to get the lowest possible price and the best terms for the City, which is an inherent conflict of interest. Now, the law does not prevent him from acting as broker in that capacity, but with that conflict of interest there is some very severe guidelines that have to be observed. Perhaps the most important of which, is that he is required to make a full disclosure to both parties, both buyer and the seller, of every single term of the transaction, including any benefits, including profits that he is going to take out of the deal and his own motives for acting as broker in the deal. Now we get to the real sticky part of the problem. It's my understanding that no one in the City has ever been provided with a copy of the original Seller Brokerage Listing Agreement that would call out the amount of money that would line Mr. Petta's profits as a result of Council Minutes - 09/08/88 Page 3 this deal. Mr. Petta has not opened up his file in this matter or opened up his business books to reveal to the City how much money is going to line his pockets as a result of this deal. In short, there has not been the disclosure that is required by law. The rule is, if that disclosure is not made, regardless of the existence of any actual fraud, regardless of the existence of any fraudulent intent, if the broker does not cross every "t" and dot every "i" and fulfill every legal obligation he has, however, small, the law is going to look at that transaction as being fraudulent. So at this time it appears that the City has been maneuvered into a position where it is now a party to a fraudulent real estate transaction, what are you going to do about it? Mayor Matteson asked City Attorney Harper if he could address that? City Attorney Harper I can address very little of it only because I don't know anything about the facts since it proceded me. It's generally my understanding that, and it's fairly recent understanding, not based upon anything that I've ever seen, but Mr. Petta brought the parties together, both the City and what I gather with his either current or former client, but that he made no money at all on the transaction, that was just part of the arrangement. I suppose that Mr. St. Germain is right that is something the City ought to be investigating and perhaps at the next Council meeting they can comment on it. Mayor Matteson asked City Manager Schwab if he could do that, investigate that and report to at the next meeting. Gene McMeans, Manager of Riverside/Highland Water Company, 1450 Washington, St., Colton, CA. reported tied over Phase IIB & D of the 24 inch pipeline replacement which they started down Barton Road and Mt. Vernon in 1986; completed replacement of the 24 inch line from approximately the river to the Zone 1 reservoir with the exception of the properties that T.J. Austyn has in discussion at the present time and replaced most of it within the City limits, 18,957 ft. of transmission and distribution aids. Mayor Pro Tem Pfennighausen reported on the complaints she received from residents around Oriole and questioned the minimum water pressure requirements for residents. She had concerns regarding fire hydrant Council Minutes - 09/08/88 Page 4 pressure and requested City Manager Schwab to direct the fire department to check the pressure in that area of the City and report back to her. Mr. McMeans explained the requirements and informed that they have received complaints and have been directed to review the cost necessary to make a zone change in those areas and explained. He felt it was not the problem of not being sufficient pressure, but volume. He shared his feelings regarding the fire hydrants. Dan Buchannan, 22975 Grand, shared his concerns regarding preserving the City's palm trees. Tony Petta I was watching television and heard my name mentioned 11875 Eton Drive in vain and I felt the responsibility to come here and answer the questions of this individual who made the accusations. This is in reference to the parkland that we discussed. I might review for the Council how this transpired. It was the Council who initiated the purchase of parkland. It was the Council who initiated seeking different parcels of parkland and the Council directed Staff to seek out certain available properties within the City of Grand Terrace for parkland and I volunteered my services to the City at no cost. And in addition, I said to the Council that if any remuneration resulted from the transaction that any benefit would revert to the City, that's what I said. A committee of brokers was put together from among the community, Phyllis Forbes, Barbara Bayus, Gene Carlstrom, Mike Brekenridge and myself. We met for the first time at the City Manager's Office and at that time, properties were already designated on a map for potential park sites and each broker was assigned a property to research and make contact and I was assigned that particular parcel. I didn't select it, I didn't volunteer it, it was Barbara Bayus who apparently, at a time prior, thought of that site as being a likely site for a park site and requested that it be put on the list together with other parcels. I was assigned that parcel and I used my professional acumen to do what was necessary for the City. As you remember, the price by the seller was considerably more than what was offered. And, the City Council took proper precautions prior to making an offer to authorize the expenditures of $1,500 to appraise the property and then it was the City Council that made the offer, and I was the middle man who then relayed the offer of the City Council to the owner who lived out-of-state. And when the owner accepted the offer, it was on the basis of that offer and the verbal Council Minutes - 09/08/88 Page 5 acceptance by the seller that answer was opened. Every "i" was dotted and every "t" was crossed during the escrow's transaction. It's been verified, all of the information that exists is in escrow and through escrow. Every dime as it was spent was recorded in escrow and the City will receive a closing statement detailing how every dime was spent, what the seller received; what the seller had to pay in cost; what the City had to pay in costs and what the broker received in compensation, if any. Those are the dots of the "i's" and the "t's" crossed. If anyone, including the accuser, can prove otherwise, then they should come up with facts, not just accusations. Ed St. Germain I come here not as an accuser, but as a questioner. The facts are for Mr. Petta to prove. I thank him for a very impassioned speech by an obviously very nervous individual. I would ask what he has to be nervous about. It is his legal duty to make the disclosures. He has completely missed the issue with his speech. It is not who did what when, but whether he fulfilled his legal obligations to the City and, if he did not, regardless of any actual fraud, regardless of any fraudulent intent, in the eyes of the law, the transaction is fraudulent. Mayor Matteson stated that he agreed with Mr. Petta, if Mr. Germain didn't have any facts, he should not be making any accusations. Barney Karger, 11668 Grand Terrace Road, G.T., shared his feelings regarding Mr. Petta feeling he has done what he was supposed to do legally and morally. He felt the Roberts' property was not worth what was being asked and felt it is a bad piece of land. Councilmember Grant, concurred with Mayor Matteson's comments regarding the facts and agreed with Mr. Karger's comments regarding Mr. Petta. Mayor Matteson requested Mr. Petta's comments to be verbatim for the record for future references, stating that copies of all of the escrow papers and charges will be available at City Hall if anyone wishes to see them. Mayor Pro Tem Pfennighausen statement should also be complete the package. Council Minutes - 09/08/88 Page 6 felt that Mr. St. Germain's verbatim for the record to J1 III ORAL REPORTS A. Committee Reports 1. Emergency Operations Committee a. Appointment of Ping Le May CC-88-178 MOTION BY COUNCILMEMBER GRANT, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to accept the appointment of Mrs. Ping Le May to the Emergency Operations Committee. Mayor Pro Tem Pfennighausen reported that Mrs. Le May speaks five different oriental languages and it was because of the large population of orientals within the City of Grand Terrace that she felt her services might be invaluable. b. Minutes of July 17, 1988 Council accepted the Emergency Operations Committee's Minutes of July 17, 1988. B. Council Reports Mayor Pro Tem Pfennighausen, requested that when all of the escrow is completed on the Roberts' parcel, that package be placed in the reading box or that Councilmembers get a copy of all of the escrow instructions. UNFINISHED BUSINESS City Manager Schwab reported that at the last Council meeting the City Council was considering the possibility of placing speed bumps on the alleyway between Mt. Vernon and Holly and that he had indicated to Council that he would like to be able to inform the residents adjacent to that of what our possible intentions were and asked them to either come to the Council meeting to talk about it or contact the Councilmembers or himself. For the record he received three letters from residents. For the record the following are Grand Terrace residents who voiced opposition to the speed bumps: Dave and Linda Snyder, 11878 Holly Mr. Wrenfro Col. Tom Teorey, 11810 Holly Homer H. Howell, 11821 Mt. Vernon Avenue Council Minutes - 09/08/88 Page 7 William Drexel, 11792 Holly Richard Vance, 11732 Holly Jack Booker, 11785 Mt. Vernon Avenue Councilmember Grant read a few comments from the letter he received from Mr. Snyder for the record: 15 mph speed limited that is posted on that alley, no one complies with that limit, therefore, it's an inappropriate speed; speed bumps are a nuisance and generally do not slow up those who the intent is for; the proposal of installing speed bumps at 100 ft. is not practical and we should use the citizen patrol with a radar device and empower them to write citations. Councilmember Grant explained that his comments were to provide or obtain input from his colleagues on the Council and shared his feelings regarding speed bumps; setting certain lengths in which the speed bumps should be placed. Mr. Homer Howell Mr. Howell questioned whether the City owned all of the alleys in the City, reporting that they are all in bad shape and in need of maintenance and if radar signs had to be posted in the vicinity of the intended use or within the district? The response was, "no." Mayor Matteson returned the issue back to Council. Councilmember Grant commented on the ideas received from the residents and suggested that Staff should see what other alternatives they can come up with. Mayor Matteson felt, if the residents could get the license number of the offender(s) and turn the information over to City Hall, a follow-up could be done to try to take care of this situation. Mayor Pro Tem Pfennighausen shared her feelings regarding speeding through the alleys and methods of discouraging speeding. She felt parents should encourage their children in supporting the law enforcement people instead of trying to beat the law. Councilmember Evans shared his feelings regarding how to put a stop to the speeding and recommended sending a diplomatic type letter to the offender(s). He stated that he was open to it if anyone had the answer on how to educate the public on driving safely. PUBLIC HEARINGS 6A. A Revision of Item 13 of the City Fee Ordinance. Council Minutes - 09/08/88 Page 8 Community Development Director Sawyer read his Staff Report, and recommended that the City Council approve the attached revisions to Section A, B, & C of Item 13 Ordinance Number 108, City Fee Ordinance. Mayor Matteson questioned whether a review had been done and what the financial outcome would be to the City. Community Development Director Sawyer replied no to the review and explained that some of the fees will be reduced drastically and that the Conditional Use Permit is being cut in half with hope of more people complying with the law and coming in for permits. Mayor Pro Tem Pfennighausen shared her concerns regarding Item 17 -- Political Signs regarding the increase in fees and when an election sign can be put up. City Attorney Harper explained that there has been a number of court cases in the last couple of years which say a City cannot charge for political signs, feeling it would be better to leave the fee out entirely, including the deposit. Mayor Pro Tem Pfennighausen asked if that Section regarding political signs could be deleted. City Attorney Harper replied, that is his suggestion. Mayor Matteson felt it was not legal. Councilmember Evans pointed out that this is the first reading and that the second reading will be held at the next meeting, questioned the time limit on posting of political signs and reverted back to a decision from the United States District Court regarding City of Antioch vs. Candidates Graphic Service. City Attorney Harper explained State courts have gone back and forth on this discussion and there isn't any existing laws stating when a political sign can be posted before and after an election in the District courts. Councilmember Evans referred to the schedule, questioned if most of the fees were remaining the same. Community Development Director Sawyer explained that several of the fees are being changed and explained where the substantial changes were and what they included. Council Minutes - 09/08/88 Page 9 Councilmember Evans had questions regarding what was being proposed. Community Development Director Sawyer went over the existing and proposed fees explaining changes and reasons. CC-88-179 MOTION BY COUNCILMEMBER EVANS, SECOND BY COUNCILMEMBER GRANT, approved the first reading of the Fee Ordinance with the deletion of the political sign section. PUBLIC HEARINGS Mayor Matteson questioned why the drop of the Conditional Use Permit from $750.00 to $550.00? Community Development Director Sawyer explained that he had originally brought it down from $1,141.00 to $750.00, but that was with three breakdowns and he decided it would be simpler and easier for the applicant and staff if these three types of applications were the same. In the future, if we do feel we do more work than the Conditional Use Permit (CUP) fee covers, we may have to come back and ask for a raise. He pointed out that in several cases CUP's and Site and Architectural Review is required on the same project. Motion CC-88-179 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT). 0 6B. Approval of Tentative Parcel Map 88-1 and Tentative Tract Map 88-2 Riverside/Highland Water Company/Barney Karqer Community Development Director read his Staff Report; responses received from various agents; read the proposed subdivision of the engineer's comments and conditions and gave staff recommendations regarding palm trees on public right-of-way. He stated that the Planning Department and Planning Commission recommends that City Council adopt the attached resolutions approving TTM-88-1 and TM-88-2 subject to the conditions contained therein and approve the Negative Declaration. Gene McMeans, Manager of Riverside/Highland Water Company, gave a presentation on what has been done and what will be done to meet the City's requirements to get this project approved. BarneyKar, er, shared the plans for the trees and maintenance of the trees. Council Minutes - 09/08/88 Page 10 Mayor Matteson expressed concerns regarding drainage downstream. Bill McKeever, 647 N. Main Street, Engineer for the applicants, explained their plans they developed regarding the drainage that comes down in a free -flow condition. Dennis Kidd, 22874 Pico Street, stated he was in favor of the project and gave his reasons. Being there was no more public participation, Mayor Matteson reverted the issue back to the City Council. Councilmember Evans questioned the actual level of the pad and turning movements and median along Pico and access in and out of those homes on the north side. Mr. Karger, explained the lots that would be affected and what needs to be done to take care of the whole area. Councilmember Evans questioned Steven Fox's subdivided property and the impaction he will experience. Community Development Director explained the property was subdivided into two individual lots, both will have access to Pico Street, feeling that both will be impacted. Councilmember Evans questioned the status with T.J. Austyn property to the west of this development. City Attorney Harper replied that all of the discussion that has taken place so far has between him and the attorney representing T.J. Austyn, specifics of where we stand with litigation will be discussed in closed session which he will ask for at the next meeting. Councilmember Evans had concerns regarding a letter received from the School District and questioned the status of our schools as far as impaction. Community Development Director explained what he believed the letter meant. Mayor Pro Tem Pfennighausen shared her feelings on the palm trees; letter from the School District and flow control on Pico Street. Council Minutes - 09/08/88 Page 11 CC-88-180 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT, to approve the project with retention of the palm trees. Councilmember Evans inquired if we are still going to keep the palm trees and are they still going to have the condition as far as having to turn into these two parcels? UNFINISHED BUSINESS Mayor Matteson stated as pointed out it will be a better project if we don't cut in ..... Councilmember Evans asked Mayor Matteson if he was saying as it's reflected on that blueprint, as far as 17 & 18 and the one on the southside, palm trees and the median would be retained and the people there will have the inconvenience to go 100 ft. and around. Mayor Matteson replied, "right." Community Development Director suggested taking a look at those lots regarding breaking into the median which would not entail removing all of the palm trees and the ones removed can be worked into the project on private property. Motion CC-88-180 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT). Council recessed at 8:17 p.m. I Reconvened at 8:32 p.m. 7A. Additional Analysis of the City's General Plan by Wildan & Associates. Mayor Matteson indicated having two problems: (1) figures need adjusting, (2) some of the property owners were not notified that we were going to be discussing this issue. Mr. Hauss stated they have been working all morning trying to resolve all of the numbers and we could not. There was an area misidentified when it came to cranking out the numbers. I don't think it's really going to change the recommendation of how it's going to come out on the report. Mayor Matteson asked if he wanted to talk about it this evening or come back at a later date. Council Minutes - 09/08/88 Page 12 Mr. Hauss felt it would be best to come back at a later date and would be a great opportunity to invite the property owners. t Mayor Matteson suggested to schedule this for the next meeting and directed City Manager Schwab to notify all of the owners in that area that we will be discussing this. Councilmember Evans stated that he failed to see street widening of DeBerry, Van Buren and Pico in Mr. Hauss' analysis. He pointed out that in the General Plan of 1984, they show that those streets are to be widened to four lanes. In the plans presented to Council in April or June dealing with the business park concept, you then said that those streets would not have to go to four lanes they could be a collector width, now since everything has changed on the land use, he wanted to know what the width of those streets would be. NEW BUSINESS 8A. Signalization at Mt. Vernon and Canal. City Manager Schwab read his Staff Report and recommended that the City Council appropriate $85,000.00 from the Street Fund for the expenditure. Staff is recommending that Council authorize Staff to draw up specifications and go out to bid in conjunction with our Barton Road improvements which should start in early January, 1989. Mayor Pro Tem Pfennighausen commended Staff for recommending this particular action and gave her reason for doing so. Mayor Matteson asked if there was any study to show the amount of traffic that would be using that signalization from the north and south. City Manager Schwab replied Staff has traffic count on Barton Road, but was not sure if there was a count from Canal Street. Councilmember Evans felt that at sometime around 1985 or thereafter, there was a recommendation for signalization at that corner. f Council Minutes - 09/08/88 Page 13 City Engineer Kicak replied they were both alluded by the Traffic Safety Engineer, but the traffic study that was done in conjunction with that whole triangle was the one that stated that eventually there would be a need for a traffic signal. Pi CC-88-181 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Staff's recommendation. 8B. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE REPEALING EXISTING CHAPTER 8.04 AND REENACTING CHAPTER 8.04 OF THE GRAND TERRACE MUNICIPAL CODE P RT INI G TO NUISANCE ABATEMENT. City Manager Schwab read his Staff Report explaining the changes, stating that Staff's recommendation is to adopt the first reading and set a public hearing for September 22, 1988. Mayor Matteson asked if we were still maintaining Chapter 8.04 and we're just revising that chapter, is that correct. CC-88-182 MOTION BY MAYOR MATTESON, SECOND COUNCILMEMBER EVANS, to approve an Ordinance of the City Council of the City of Grand Terrace repealing existing Chapter 8.04 and reenacting Chapter 8.04 of the Grand Terrace Municipal Code pertaining to Nuisance Abatement. Mayor Pro Tem Pfennighausen, for clarification questioned: Section 8.04.O10C, approved setback and property lines set by the County not under the Code that it is presently under; language in our Code; Code accommodating residents who have lived here for 25 years; private business owners to maintain the litter, dirt or debris in vestibules, doorways or adjoining sidewalks to the buildings as well as property owners; City Attorney Harper explained that it doesn't apply to those structures which were erected prior to the Code being enacted, excluding safety. Mayor Matteson explained that is not just that, this addresses the Code and if this is a Code problem we should change the Code. City Attorney Harper stated that the only thing this addresses is that you can't build in violation of the Code. Someone who builds a structure that is not permitted in the Code is in violation of the law today and the City can pursue them criminally. The issues that you raised may need to be addressed in the Code. Council Minutes - 09/08/88 Page 14 Generally, they are handled through some variance mechanism or some language which grandfathers in where those situations where the house was built with different setbacks and make it impractical to build. Generally speaking, there is a provision for variances, but that's in the application process and usually Staff works very carefully with that type of applicant recognizing the problems. This particular nuisance abatement doesn't change any of that, none of the options or responsibilities are any different. Mayor Matteson felt if they are unhappy with that all they have to do is change the Code, this only enforces whatever Code Council set. City Attorney Harper stated that this type of Ordinance addresses weeds, car bodies, or a trailer in the backyard and runs an extension cord from the back of the house to the trailer, these types of things. Mayor Pro Tem Pfennighausen indicated No. 16 - overcrowded, questioned what's considered overcrowded. City Attorney Harper explained that the Building Code requires a minimum sq. ft. per person, these are judgment clauses which is the purpose of providing due process. Community Development Sawyer felt there was something in the Health and Safety Code regarding determination of square footage for Redevelopment Agencies where they have a definition for overcrowding. City Attorney Harper stated beyond that, there is a building Code definition for the purposes of Health and Safety and what constitutes overcrowding. At least there is an obligation to provide a certain amount of sq. ft. per person. Mayor Pro Tem Pfennighausen indicated Page 6, Numbers 23 and 24 - questioned if that language was presently included in the current Ordinance or was this a new language. City Attorney Harper explained this has to do with ample storage, camper shells, required side and front yard setbacks, outside storage of boats, etc. Community Development Director Sawyer explained that the current Code, as far as our Zoning Code goes, does not have any prohibitions against the storage of recreational -type vehicles in front or side yards. Council Minutes - 09/08/88 Page 15 Mayor Pro Tem Pfennighausen felt this would be a substantial change. City Attorney Harper stated this was not the intent and if that's the case.... Community Development Director Sawyer felt this may be something to bring before the City Council. Mayor Pro Tem Pfennighausen felt this was something that should be looked at carefully before we included it into something like this. City Attorney Harper concurred, explaining it was not his intent to change the substance of the code. Mayor Pro Tem Pfennighausen indicated Section 8.04.1603, Page 13, - Vehicles and parts thereof may be disposed of by removal to a scrap yard. City Attorney Harper explained that is what happens under Vehicle Code Section 22660. Mayor Pro Tem Pfennighausen indicated Section 8.04.190E, explain starting at thereafter, what the rest of that means. City Attorney Harper explained that if you put up bail and then do not appear at the arraignment, you forfeit the bail, the bail is the same as a fine, the same as a parking ticket. Keep in mind that we need this language, the purpose of the nuisance abatement principle is not to set forth the citation procedure, but to set forth procedures we don't have covered. Mayor Matteson pointed out that there was a motion on the floor. Mayor Pro Tem Pfennighausen stated with the understanding that Items 23 and 24 are to be removed from the motion. Councilmember Grant pointed out it is up to the maker of the motion. Mayor Matteson replied, he would change the motion if the second concurs. Councilmember Evans stated that he understand why the City Attorney put it in there and would just as soon leave it in and if it needs further clarification, that's what he needs to address. Council Minutes - 09/08/88 Page 16 City Manager Schwab replied that he will have Staff go ahead and highlight anything that's been added because there may be sections that are in addition to this and then we can take it at it's merit. Mayor Matteson stated the motion stands as it was originally made and seconded. Motion CC-88-182 carried 4-0 (WITH COUNCILMEMBER SHIRLEY BEING ABSENT), to approve first reading of an Ordinance of the City Council of the City of Grand Terrace repealing existing Chapter 8.04 and reenacting Chapter 8.04 of the Grand Terrace Municipal Code pertaining to Nuisance Abatement. 8C. Civic Center/Fire Station Heat/Ventilation Maintenance Proposal. City Manager Schwab read his Staff Report, stating that Staff's recommendation is for Council to authorize the Mayor to sign the Maintenance Agreement and authorize transfers of $8,344 from the Utility and Maintenance Line Items to cover the cost of the contract for the balance of the fiscal year. Mayor Pro Tem Pfennighausen asked if they had looked at the situation within our building regarding the different temperatures throughout the building. City Manager Schwab replied part of the analysis was to take a look at balancing the system within the administrative building, which would require replacing many of the thermostat units in order to balance the system. He explained that Honeywell would automatically turn everything on and off at certain times each day. Mayor Matteson felt this could be done by Staff with some type of remote control system. City Manager Schwab explained it could be done by an inhouse system, but in the Civic Center you are looking at 20,000 sq. ft. with approximately 65 thermostats and 10 compressor units and this is a more complex system. Councilmember Evans stated what you are saying is that these people have the expertise to do the job, City Staff does not. City Manager Schwab replied we do not have the expertise to do it at this level, other than shutting everything off when you walk out the door and turn it on when you come in. You have to consider the library, meeting room, this room and the administrative all have separate hours. Council Minutes - 09/08/88 Page 17 CC-88-183 Mayor Matteson felt City Manager Schwab was on the right track, but we should look into some type of system where the City can benefit the savings ourselves. Councilmember Evans questioned what alternatives did the City Manager have to the Mayor's suggestion? City Manager Schwab replied Staff has not really studied it, but could probably split up, at least the three zones which includes the meeting room, library and this room because they substantially operate like a home system, but the administrative building, I cannot imagine there's anyway with the amount of balancing and all of the thermostats in that part of the building that we could come up with. MOTION BY MAYOR PRO TEM PFENNIGHAUSEN, to approve Staff's recommendation for one year on that type of foundation and see how that works. Council Minutes - Page 18 She questioned if there was anything in the contract that could get us out of it at the end of any particular time if it's not effective. City Manager Schwab replied that there is a clause that states that pricing is based on an effective date of July 26, 1988 and the contract price would be escalated based upon the final effective date of the contract. Talking to Honeywell, they indicated that this is a price based on a three-year maintenance schedule and if we bail out of it before the three years, they would adjust their fees based on the length of time that we're in the contract. Mayor Pro Tem Pfennighausen stated what you are saying is that one year or three years will probably be the same, they are going to figure out a way to make one year cost almost as much as three years. City Manager Schwab replied he did not know if it would be quite that drastic, but it would increase. They are looking at three years in order to look at energy savings, the cost of that contract. Councilmember Evans asked City Manager Schwab what alternatives had he explored except with Honeywell? City Manager Schwab replied he did not have anyone come out, but could try what Byron said regarding having some air conditioner person try to work up something that turns things on and off, but what we are looking at is at a very conservative level. He pointed out that 09/08/88 0 $35,000.00 a year is what he considered in the analysis for the maintenance cost and Honeywell was allowing up to two compressor failures per year and as the system gets older. He felt that $3,500.00 a year to maintain all of the systems at the fire station and at the Civic Center complex was a conservative estimate and felt that we are going to gain something in energy savings over the cost of this contract in that three-year period. Mayor Matteson stated that they are guessing that they are going to save us $27,000.00, but we know it is going to cost us $37,000.00. City Manager replied that are guaranteeing that there will be $27,000.00 in utility savings or they will make up the difference. Mayor Matteson felt there is a need to explore some other possibilities and, then, if there is nothing better, then go for this. Councilmember Evans concurred with Mayor Matteson feeling this should be continued until an investigation has been made on other alternatives, then brought back to Council. City Manager Schwab agreed to look for other alternatives, explaining that all of the equipment hanging on the walls are made by Honeywell. Motion CC-88-183 failed 2-2-0 ( WITH MAYOR PRO TEM PFENNIGHAUSEN AND COUNCILMEMBER GRANT VOTING AYE, COUNCILMEMBER SHIRLEY BEING ABSENT), to approve Staff's recommendation for one year on that type of foundation and see how that works (Honeywell). Mayor Matteson adjourned the City Council meeting at 9:30 p.m. until the next regular City Council meeting which is scheduled to be held on Thursday, September 22, 1988 at 6:00 p.m. D Y CITY CL K of the City o G and Terrace MAYOR f the City of Gra d Terrace Council Minutes - 09/08/88 Page 19