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01/12/1989CITY COUNCIL MINUTES REGULAR MEETING - JANUARY 12, 1989 A Regular meeting of the City Council of the City of Grand Ter- race was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on January 12, 1989, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Hugh Grant, Mayor Pro Tempore Barbara Pfennighausen, Councilmember Jim Singley, Councilmember Gene Carlstrom, Councilmember Thomas Schwab, City Manager/Finance Director David Sawyer, Community Development Director Juanita Brown, Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer ABSENT: Randall Anstine, Assistant City Manager The meeting was opened with invocation by Pastor Bill Patterson, First Baptist Church of Grand Terrace, followed by the Pledge of Allegiance led by Councilmember Pfennighausen. Mayor Matteson convened City Council at 6:10 p.m. ITEMS TO DELETE Item No. 6 - No Public Hearings were scheduled. SPECIAL PRESENTATIONS None. CONSENT CALENDAR CC-89-01 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to approve the remainder of the Consent Calendar, with the removal of Item A. B. RATIFY 1/12/89 CRA ACTION. C. WAIVE FULL READING OF ORDINANCES ON AGENDA. D. APPROVE 12/08/88 AND 12/29/88 COUNCIL MINUTES. E. ACCEPT CITY AUDIT FOR 1988-89. F. ACCEPT GRANT DEED - TRACT 12966. CITY COUNCIL MINUTES - 1-12-89 PAGE 2 ITEMS REMOVED FOR DISCUSSION A. APPROVE CHECK REGISTER 1-12-89 Councilmember Pfennighausen asked for clarifi- cation regarding Item 19446, legal fees for Ivan Hopkins. City Manager Schwab explained that it was for the litigation matter covering the period through November, 1988 and that there should be one more billing for December. CC-89-02 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve Consent Calendar Item A. PUBLIC PARTICIPATION ORAL REPORTS Kathy Bennett, 22111 Newport Avenue, Grand Ter- race; representative of the Western San Bernardino Special Olympics, announced that they will be having a fund raiser golf tournament at the E1 Rancho Verde Country Club, and invited Council to participate. 11 5A. Committee Reports Mayor Matteson reported that there was an emergency action request from the Crime Prevention Committee to appoint a member to fill the vacancy created by Mark Walters' resignation. He stated that since it was not on the Agenda, Council would need a 4-1 vote to put on Agenda and take proper action. CC-89-03 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to put on Agenda and take proper action. Mayor Matteson explained that with the resig- nation of Mark Walters, the Crime Prevention Committee has accepted the request of Ed O'Neal to become a member of the committee. CC-89-04 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCIL - MEMBER PFENNIGHAUSEN, CARRIED 5-0, to appoint Ed O'Neal to the Crime Prevention Committee. CITY COUNCIL MINUTES - 1-12-89 PAGE 3 City Manager Report City Manager Schwab, reported on two points of information: 1. The extension of the map on the 7-unit sub- division just off of Michigan and Mavis is not on tonight's Agenda because they are going to resubmit at the Planning Commission level. 2. At the Council meeting where we dealt with the adoption of the land -use map, the map that was provided to Council, some technical errors occurred when preparing the map. One was a parcel at the corner of Palm and Preston. It was improperly labeled R1 instead of AP. The other was in the area of Blue Mountain Court. There was no zoning overlay, and it should be Rl. Staff has asked the City Attorney to make an interpretation as to whether these technical errors prevail. City Attorney Harper advised that it is correct- able as a clerical error and to just reprint the map. Councilmember Pfennighausen stated that there was also an error on the west side. City Manager Schwab stated that would be corrected also at the same time and Council would be provided with new maps. 5B. Council Reports Councilmember Pfennighausen, referred to the flood control easement - Tract 12966 that was approved in the Consent Calendar, and asked how we can enforce upon the residents the maintenance of the storm drains that go across the face of their property. City Attorney Harper advised that we would make a demand upon the resident that it be maintained and if not, the City has the ability, through staff, to hold a hearing and to maintain it ourselves and attach the cost to the resident's tax bill. CITY COUNCIL MINUTES - 1-12-89 PAGE 4 Councilmember Singley, reported that he received a call from Community Services Officer, Sharon Korgan, who brought him up-to-date on some of the problems, specifically in the area of the Citizens Patrol. He stated that they do not have a radio for the patrol car, and cannot patrol unless they do. He loaned them an HT from the San Bernardino County Aviation department on a temporary basis. He asked Lt. Hansen to look into getting them their own radio. Lt. Hansen replied that there is a couple of avenues he will investigate. Mayor Pro Tem Grant, reported that he represented the community at the San Bernardino Associated Governments meeting on January 4, 1989. Mayor Matteson, reported that Mr. Victor Krause passed away that morning; he was one of the old pioneers of the City. He offered condolences to the family on behalf of the Council and the City. UNFINISHED BUSINESS 0 7B. Award Street Striping Contract City Manager Schwab explained that this is the annual award of the street striping contract; the lowest bidder was Traffic Operations, Inc.; quali- fied references have been received; staff is re- commending that Council award the contract to Traffic Operations, Inc., in the amount of $12,069.33, which has been budgeted for street striping. CC-89-05 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to award the Street Striping Con- tract to Traffic Operations, Inc., in the amount of $12,069.33. 7C. Award Conversion of Electric Services from Over- head to Underground Contract City Manager Schwab explained that the agreements for the extension of the right of way for the individuals along Barton Road agreed in exchange for the improvements, which included the services CITY COUNCIL MINUTES - 1-12-89 PAGE 5 for converting the electric services from overhead to underground. References have been verified and Staff is recommending the award be made to the lowest bidder, TBM Electric, in the amount of $15,424.00. CC-89-06 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to award the contract for Conversion of Electric Services from Overhead to Under- ground to TBM Electric in the amount of $15,424.00. 7A. HVAC Mr. Lee Overvold and Mr. Chuck Webb, representa- tives of Honeywell, gave a slide presentation explaining the benefits of allowing Honeywell to maintain the HVAC system in the Civic Center and Fire Station, showing energy costs offsetting maintenance costs. Mayor Matteson asked City Manager Schwab if he had checked with any of their users. City Manager Schwab replied that he had checked with the City of Montclair, who expressed satisfaction. CC-89-07 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEM- BER GRANT, CARRIED 5-0, to approve the maintenance contract. NEW BUSINESS 8A. Deferment & Waiver of Items Proposed by Plannin Commission (Wessels) SA 88-15, CUP 88-17, 13 & 14. Community Development Director Sawyer reported that the Planning Commission conditionally approv- ed SA-88-15, CUP 88-13, 14 and 17, property owned by Mr. Robert Wessels, and that Mr. Wessels has appealed that decision. Robert Wessels, 21516 Main Street, Grand Terrace, stated that the conditions would cause him an economical hardship, investing a large amount of money without having the ability to pass it onto his tenants. He presented some photographs to Council, explaining that there would not be enough foot traffic to warrant a sidewalk. He felt the block wall along the western perimeter of the property was not necessary, because the block wall is not visible until you go into the Coors loca- tion. He proposed that rather than a block wall, CITY COUNCIL MINUTES - 1-12-89 PAGE 6 landscaping to match the front would give it some screening. Mayor Matteson asked if there was anyone else wishing to speak on this issue, being none, he returned it back to Council. He requested that each item be taken separately. CC-89-08 1. SIDEWALK Councilmember Carlstrom stated that he had looked at the property and concurred with Mr. Wessels that at this time there was no need for a sidewalk at that location. Councilmember Singley questioned City Engineer Kicak as to whose responsibility it was to main- tain the property between the curb and fence. City Engineer Kicak replied that it is public right of way and it is the responsibility of the property owner. Mayor Matteson suggested a deferment on the side- walk until such time as the City deems it necessary. City Engineer Kicak agreed that it would be appropriate, suggesting that Mr. Wessels sign an agreement to that effect. Mr. Wessels stated that an agreement already exists. CC-89-09 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, that if there is no agreement, that one be signed to defer the improvements on the sidewalk until such time as the City deems it neces- sary. 2. STREET LIGHTS Councilmember Pfennighausen stated that back in 1986 when AFCOM was before Council for their project, the street lights and sidewalk were an issue and an agreement was entered into, which included both. She questioned if that same action would still ride? City Engineer Kicak replied that at that time there had been some agreements with a clause that if nothing appeared within five years, the agree- ment would not be enforced. He suggested that we need to review the agreement to see if there is a 11 Fi� CITY COUNCIL MINUTES - 1-12-1989 PAGE 7 termination clause and whether or not the street lights are included. Councilmember Pfennighausen felt that the street lights were included and asked the City Attorney if it does exist, what do we do? City Attorney Harper replied that if it presently exists, and there is a recorded lien against the property, you don't have to do anything. You can call the lien or enter into another agreement. Councilmember Singley stated that he was down in the area and it was very dark. He felt for pur- poses of law enforcement, and since Mr. Wessels was planning on putting three businesses in there, it would be to their advantage when the deputies drive by. Councilmember Singley felt the street lights were needed. Councilmember Grant concurred with Councilmember Singley, feeling that his points were well taken. Councilmember Pfennighausen stated that since Council has opted to defer the sidewalk and felt a necessity for the street lights, what do we do with the agreement already existing? City Attorney Harper replied that once the street lights are installed, you can leave the lien alone or since they exist, modify the agreement and re- cord it. Mayor Matteson questioned that as far as the City is concerned, Edison will install the lights free of charge. Will they do this in this particular case? City Manager Schwab asked if they were marble - light; the answer was yes, therefore, no. City Engineer Kicak stated that Edison would charge the differential between what it would cost them to install on a wooden pole versus a marble - light pole, plus the cost of the conduit. CC-89-10 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to deny the appeal and require Mr. Wessels to install the street lights. CITY COUNCIL MINUTES - 1-12-89 PAGE 8 3. SIX-FOOT BLOCK WALL Councilmember Pfennighausen stated that she did not like walls, because of graffetti and accumula- tion of paper into the chain link fence, but felt there was a necessity for a wall along the front of this property. She questioned if a condition could be placed to make them build the wall out of slump stone and have it graffetti proofed? Community Development Director Sawyer requested that it be worded so that he has approval as to what type of wall goes in and the landscaping around the wall. He stated that he would make sure that it was the type of wall that could be treated. City Attorney Harper stated that Council could place any type of architectural improvement they wish as a condition. Councilmember Singley expressed concern regarding landscaping around the wall. He would rather not see anv vegetation around the wall. Mr. Wessels stated that Council was asking for a tremendous cost of him from an economic hardship. He suggested working with the chain link fence that is there and possibly putting a coating or some vines, which would be less expensive and permanent. Council offered suggestions as to different types of walls. CC-89-11 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 4-1 (COUNCILMEMBER CARLSTROM VOTED NOE), to deny Mr. Wessels appeal on the block wall. 4. ENTRY WAYS Councilmember Pfennighausen agreed with Mr. Wes- sels as to the requirments for aesthetic purposes, as long as the general public is going to be sub- jected to something that will be unpleasant. She didn't feel that after looking at the pictures that it aesthetically improved that property enough to require it to be done. Therefore, she would uphold the appeal. CITY COUNCIL MINUTES - 1-12-89 PAGE 9 Community Development Director Sawyer asked Coun- cil to leave in the landscaping requirement, at least in the area previously discussed. Councilmember Pfennighausen agreed and suggested that the landscaping be very dense, in order to keep the papers from flying out of the property. CC-89-12 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to uphold the appeal on the entry way. 8B. CANCEL 1/26/89 CITY COUNCIL MEETING CC-89-13 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to cancel the January 26, 1989, City Council meeting. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 7:15 p.m., until the next regular City Council/CRA meeting, which is scheduled to be held Thursday, Febru- ary 9, 1989. DE Y CITY C K of the City o rand Terrace. /�J"� MA. of the City of Grand Terrace.