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10/27/1988CITY COUNCIL MINUTES REGULAR MEETING - OCTOBER 27, 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 October 27, 1988, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis Evans, Councilmember Jim Singley, 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: None. The meeting was opened with invocation by Pastor Steve Fox, Inland Christian Center, followed by the Pledge of Allegiance led by Councilmember Singley. Mayor Matteson convened City Council at 6:10 p.m. ITEMS TO DELETE City Manager Schwab deleted Item D-2 -- October 10, 1988 Council Minutes; Item 6-A -- General Plan Completion. SPECIAL PRESENTATION None. CONSENT CALENDAR CC-88-198 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, CARRIED 5-0, to approve the remainder of the Consent Calendar with the removal of Item A -- Check Register No. 102788. B. RATIFY 10/27/88 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA D. APPROVE OCTOBER 13, 1988 MINUTES E. AUTHORIZATION TO GO TO BID FOR STREET STRIPING. ITEM REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION Councilmember Evans explained that the reason he pulled Item A was because he objected to expenditures of funds on Page 4, Check No. 19177, payment to John Roberts for the parkland payment for November, 1988 in the amount of $2,071.56. He felt that since Council had previously advised that Check Registers did not need to be approved, there was no need for it to appear, unless you wanted approval on a particular item. CC-88-199 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT, to approve the Check Register as it stands. Mayor Pro Tem Pfennighausen asked if a parkland payment was on the Agenda at the last meeting? City Manager Schwab felt there was a payment. Mayor Pro Tem Pfennighausen asked if that payment was as much as this one? City Manager Schwab felt that the amount last time was the down payment. Mayor Pro Tem Pfennighausen stated that she believed according to the contract the payment was due on October 2, 1988 and wondered if we are paying two payments a month and if we are, this is over $2,000.00. City Manager Schwab explained that we are only paying one payment per month. The last payment was for October and this payment will be for November. Councilmember Evans asked if this was going to be done individually or as a unit, because he would like to break it down to one item, he had no objection to any of the other items. Mayor Matteson explained that the motion on the floor is to approve the Check Register as it is. CC-88-200 MOTION BY COUNCILMEMBER EVANS, SECOND BY MAYOR PRO TEM PFENNIGHAUSEN, to amend the Check Register and that Council exclude Check No. 19177 and vote on that individually. Council Minutes - 10/27/88 Page 2 PUBLIC PARTICIPATION Mayor Matteson stated that Council will vote on the amendment. The amendment is to vote on these separately. Motion CC-88-200 failed with Mayor Pro Tem Pfennighausen and Councilmember Evans voting AYE. Mayor Matteson asked for a vote on the original motion. Motion CC-88-199 carried 3-2 with Councilmember Evans and Mayor Pro Tem Pfennighausen voting NOE, to approve the Check Register as it stands. Dick Rollins, 22700 DeBerry, G.T., reported it was brought to the Crime Prevention Committee's attention that the school -bus law was being violated within the City regarding vehicles speeding and passing when the school -bus red lights are flashing while loading and unloading students. He asked for something to be done to cite these violators along DeBerry and Palm. Mayor Matteson directed City Manager Schwab to talk to the Sheriff's Department to see if they can do a follow-up on the school -bus issue. Dick Yost, President of the Chamber of Commerce, thanked Council and Staff for their support and cooperation during the past year. He gave an update of the Chambers' upcoming events. Tony Petta, 11875 Eton Dr., G.T., stated that he had recently received a call from Sammie Ferretta who was upset because he had received a campaign letter from Mayor Pro Tem Pfennighausen stating a lot of untruth about the apartment issues. He said that Mr. Ferretta called Mrs. Pfennighausen and told her not to send him any more letters. He felt this was confusing the people and the people have a right to know. Mr. Petta said that Mr. Ferretta was present at the Public Hearing when the apartment issue took place and was one of the 1,134 individuals who signed the petition against apartments. Discussion ensued between Councilmember Evans, Mr. Petta, City Attorney Harper and City Engineer Kicak regarding the legality of the General Plan Document and the density requirements of the Zoning Ordinance. Mayor Pro Tem Pfennighausen disagreed with Mr. Petta's comments regarding the number of units per acre. Council Minutes - 10/27/88 Page 3 Councilmember Evans asked Mr. Petta which two Councilmembers recommended 22-units to the acre. Mr. Petta replied, you and Mrs. Pfennighausen. Councilmember Evans asked Mr. Petta to tell him which project came in at 22-units to the acre. Mr. Petta stated they didn't, but you wanted that. Councilmember Singley reminded Council about procedures during Public Hearings and felt it was not the proper time to continue this discussion and recommended that they continue with the public participation. Mayor Pro Tem Pfennighausen disagreed with Mr. Petta's accusation regarding Mr. Ferretta's phone call to her. She stated that her conversation was as follows, "I'm not asking you not to have Mr. Petta as a friend, I simply am stating a record and I'm encouraging you to go to City Hall and look that up if you think that I have incorrectly stated it." He said he may do that and I said, thank you for calling and he said thank you for your letter and that was the end of that. Peggy Taylor, 22843 Vista Grande Way, G.T., voiced her concerns regarding the legality of the action taken by Mayor Matteson in signing amended instructions that are different than those directed by the Council majority. Mayor Matteson explained the options of lease purchase versus the owner carrying the paper. City Attorney Harper explained that what Council approved was the purchase of the property for a fixed price and both options wre appropriate. Mrs. Taylor, explained her conversation with City Manager Schwab last week regarding her concerns over the parkland changes in the escrow; his dealing directly with Mr. Roberts and whether or not Mr. Petta's position was as negotiator or broker. City Manager Schwab clarified that she asked him who requested the change and he informed her that Mr. Roberts did after Mr. Petta, the City's agent, explained the City's terms. Mr. Roberts agreed to carry the property because he didn't want to get $345,000.00 in one year. Council Minutes - 10/27/88 Page 4 Councilmember Evans explained that the decision that was made on the parkland acquisition was not an option, there were specific directions that were given to Staff. He listed the options from Staff for Council to approve. He questioned the haste on closing the escrow and why Staff did not bring this back before Council for approval, feeling that is a decision that this body should have had an opportunity to render a decision. He stated Mrs. Taylor is asking why Staff did not follow the direction. Mayor Matteson explained it was done for the benefit of the City of Grand Terrace, we have an option to save money this way and not the other way. To clarify it now, we still can vote on leasing and I'm going to make a motion that we accept the procedure, as completed. MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER GRANT. to accept the procedure as completed. Councilmember Evans asked since this is an item was not on the Agenda, can we do that this evening? Second withdrew. Mayor Matteson directed staff to put this on the next agenda. Mayor Pro Tem Pfennighausen commented on Mr. Petta's comments on the voting record that the people received in the mail today. The subject is Mt. Vernon Villas, which is now under a different name. Mt. Vernon Villas is what the apartment development in areas 10 and 11 were referred to over the years and all of the controversies. Mt. Vernon Villas was at 17 units to the acre when it was submitted, it was never at 22 units to the acre. On June 13, 1985, and Mr. Petta is correct when he tells you that in the R-3 Zone it allowed 9 units to the acre, anything that exceeded that had to have a Conditional Use Permit and anything that was 16 units or more, whether it was on an acre or 10 acres or 50 acres, had to have the approved Specific Plan. On June 13, 1985, on a motion by Mr. Mayor, second by Mr. Petta, to modify and improve the Conditional Use Permit, Specific Plan 85-8, Mt. Vernon Villas for 12.75 units per acre plus a bonus density of 3 units per acre for senior citizens, that was an acceptance of a proposal put before this Council by Al Trevino and she has that if you would like that quoted. Mr. Matteson made the motion, Mr. Petta second, the original density was 17 units to the acre, Council Minutes - 10/27/88 Page 5 ORAL REPORTS this brought it down to 15 3/4 units to the acre. A drop of 1 1/4 units, not from 22 to 15 3/4 units to the acre. That motion passed with Mr. Petta, Mr. Matteson and Mr. Grant voting AYE, Mr. Evans and I voted NOE, we held that at 17 units to the acre. She reported having a letter from the developer who would have done what the City cannot now afford to do at 17 units to an acre. She stated that she and Councilmember Evans voted NOE to hold the density at 17 units. For clarification, the record that she sent out to the community came straight from the Minutes and invited those in doubt to get a copy of the official voting records of Minutes. Mayor Matteson stated he could not deny that, but you have to go back a little farther when you were pushing for 22 units per acre. Mayor Pro Tem Pfennighausen replied that she never did push for 22 units per acre. 5A. Committee Reports 1. Emergency Operations Committee Council accepted the Minutes of August 15 and September 19, 1988. 2. Historical & Cultural Committee Council accepted the Minutes of October 3, 1988. CC-88-201 MOTION BY COUNCILMEMBER GRANT, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to accept Mitchell P. Wiley membership to the Emergency Operations Committee. Mayor Pro Tem Pfennighausen inquired if all Councilmembers received a draft copy of the Emergency Plan, feeling an immediate need for Council to review and approve the plan so it can be implemented by Staff and community. 5B. Council Reports Councilmember Evans, reported that he had received a anonymous letter referencing the conditions at the Grand Barton Trailer Park located at 28845 Barton Road. He indicated that he would be willing to address the issue if he knew what conditions they were referring to and if they would come forward and explain the conditions, he would be happy to address them. Council Minutes - 10/27/88 Page 6 Councilmember Sin le , reported that he and Mayor Pro Tem P ennighausen attended a meeting of the Crime Prevention Committee at which time they judged some posters from the area schools, commended Community Services Officer Korgan for the wonderful job of organizing these community services. He commended the committee and Mayor Pro Tem Pfennighausen for judging these posters. Councilmember Grant, shared his feelings regarding why people remain anonymous, feeling the individual has specified certain things that seem to prevail at Grand Barton Trailer Park. He questioned what the Davis Bacon Act means and what it does? City Engineer Kicak explained that it is a wage scale that is set by the Federal Government for the various types of construction industry. Councilmember Grant questioned the political jurisdiction and who's responsibility it is within the jurisdiction to see that that particular law is complied with since it's a Federal statute. It was explained that there is an obligation under the State Statute under the Labor Code with the exception of its application to charter cities, which Grand Terrace is not, that any public works project has to be bidded and paid at the prevailing wage. City Attorney Harper stated for clarification, Councilmember Grant's question is whether or not the public or private contractors are obligated to pay the prevailing wage. Councilmember Grant stated yes, that as well as whether or not the City had an obligation to become involved if there may or may not have been taxpayers money involved in terms of a bond issue. City Attorney Harper explained that there are no taxpayer monies involved. Mayor Pro Tem Pfennighausen felt if this applies to apartment projects, it would have applied to all of the Griffin Development which was done under Mortgage Revenue Bonds and therefore, we need to investigate all of that. She reported on talking to a lady that lives in another mobile -home park referencing rent control and the run-down condition of the park. She shared her feelings regarding residents in mobile -home parks keeping government out and taking care of the problems Council Minutes - 10/27/88 Page 7 NEW BUSINESS themselves when health and safety are not involved, giving a few examples on how to do this. She shared her feelings regarding the anonymous letter. Mayor Matteson reported on the blood drive between all the surrounding cities. 7A. Budget appropriation for equipment acquisition Assistant City Manager Anstine reported on the theft at City Hall of our utility trailer, explaining that it is an unbudgeted expenditure and Staff has shopped around with the commercial utility trailer people and feel that we have found the best possible trailer. CC-88-202 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER EVANS, CARRIED 5-0, to approve the appropriation for a new utility trailer. Councilmember Evans asked if the trailer was taken because it was in an insecured place? Assistant City Manager Anstine explained that the trailer was located in the rear maintenance area and was chained to another trailer which was chained to a chain -linked fence, they took the chain and padlock with the trailer. Councilmember Evans felt this brought up a concern, asking Assistant City Manager Anstine if he felt a need to look at securing our areas better than we currently do as we continue to expand and acquire equipment? Assistant City Manager Anstine replied that he is looking at the possibility of purchasing a piece of equipment similar to the Denver Boot where we can lock onto the wheels so that individuals will be unable to physically hookup and haul the trailer away. Councilmember Evans mentioned the possibility of fencing and Assistant City Manager felt it was a possibility to look into. Motion CC-88-202 carried 5-0. Council Minutes - 10/27/88 Page 8 Mayor Matteson adjourned the City Council Meeting at 7:15 p.m. until the next scheduled meeting which will be held on Thursday, November 17, 1988, at 6:00 p.m. /DEVUTY CITY.- f the City of G and Terrace 13j,"C"On � zi�z' '11-711 — MAYOR f the City of Grand Terrace Council Minutes - 10/27/88 Page 9