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02/09/1989CITY COUNCIL MINUTES REGULAR MEETING - FEBRUARY 9, 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 February 9, 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: Randy Anstine, Assistant City Manager The meeting was opened with invocation by Pastor Larry Wilson, Praise Fellowship Foursquare Church, followed by the Pledge of Allegiance led by Councilmember Carlstrom. Mayor Matteson convened City Council at 6:10 p.m. ITEMS TO DELETE None. SPECIAL PRESENTATIONS 2A. COMMENDATION - "PRIDE OF HOME AWARDS" Barbara Bayas, member of the San Bernardino Board of Realtors, explained what the "Pride of Home" program was and stated that it will be an ongoing process. Mayor Matteson presented awards to: Mr. and Mrs. Sammie Ferretta, Mr. and Mrs. Hugh Heney, Mr. and Mrs. Walter Kurtz, Mr. and Mrs Roger Massey and Mr. and Mrs. Dennis Park. 2B, Mayor Pro Tern Grant read a Proclamation proclaim- ing the week of February 12-18, 1989, as "Voca- tional Education Week." CITY COUNCIL MINUTES - 2-09-89 PAGE 2 CONSENT CALENDAR CC-89-14 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to approve the remain- der of the Consent Calendar, with the removal of Items A and E.. B. RATIFY 2/09/89 CRA ACTION. C. WAIVE FULL READING OF ORDINANCES ON AGENDA. D. APPROVE 1/12/89 COUNCIL MINUTES. F. ACCEPT GRANT DEED FROM L. A. WAINSCOTT AND ASSOCIATES. G. APPROVE CITY MANAGER'S ATTENDANCE AT THE CSMFO ANNUAL SEMINAR. ITEMS REMOVED FOR DISCUSSION 3A. APPROVE CHECK REGISTERS 020989A AND B Mayor Pro Tem Grant questioned Check No. P6017 in Check Register 020989A, asking what the SCAG Bond Issue was. City Manager Schwab replied that this was a joint bond issue with several other cities to purchase equipment. We purchased the data processing equipment in Finance and the vehic- le for the Community Services Officer. By doing it this way it spread the cost of the bond issue over all the agencies for a cost of about $65,000. Councilmember Pfennighausen expressed concern regarding Planning Commissioners being paid back pay for three months, stating that she hoped she never sees this again. She also stated that she would like to see placed on a future agenda to expand the Planning Commis- sioners pay $10.00, because their responsi- bility has increased. CC-89-15 MOTION BY MAYOR PRO TEM GRANT, SECOND BY MAYOR MATTE - SON, CARRIED 4-0-0-1 (COUNCILMEMBER PFENNIGHAUSEN AB- STAINED), to approve Check Registers 020989A and B. CITY COUNCIL MINUTES - 2-9-89 PAGE 3 3E. APPOINTMENT OF COUNCILMEMBER ON SCAG AND LEAGUE OF CALIFORNIA CITIES Councilmember Singley was appointed as Alter- nate to SCAG by a vote of 4-0-0-1 (Council - member Singley abstained). Councilmember Carlstrom was appointed as Representative to the League of California Cities by a vote of 4-1 (Councilmember Carl- strom voted NOE). PUBLIC PARTICIPATION Jack Ingalls, 12455 Willet, stated that he was present because he was a prospective business owner and a very concerned Grand Terrace Chamber of Commerce President. He stated that he was in the process of signing a lease to move his busi- ness to Grand Terrace, but was troubled because of alleged problems with the Planning Director and City staff. He felt that better report could be obtained by setting up a meeting between the Councilmembers, City Manager, Planning Director and the Chamber to discuss these problems. He also stated that the Chamber is in the process of putting together a very aggressive economic devel- opment committee and without proper insight from Council and staff, they have no way of knowing which direction to pursue relative to businesses. Councilmember Pfennighausen read a proposal she had prepared regarding setting up short term and long term goals and financial needs, and proposed that a workshop be set up that would bring the Council, Planning Commission, Chamber of Commerce, Staff and community representatives -at -large, for the purpose of trouble shooting, problem solving, communication, fine tuning of processes and image upgrading. Mayor Matteson felt that they needed a meeting to find out what the problems were, in order to work them out. It was the concensus of Council that on February 27, a workshop would be held and directed the City Manager to contact the necessary people. CITY COUNCIL MINUTES - 2-9-89 PAGE 4 Kathryn Harmon, 11834 Kingston St., stated that she was a real estate agent for Better Homes and Gardens, and reported that she had just taken a listing for the largest parcel along Barton Road. She stated that she is trying to develop a market- ing plan to see what our City needs and asked for suggestions at some time in the future from Coun- cil as to their ideas. Mayor Matteson asked her to attend the Febru- ary 27, 1989 workshop, and stated that anyone having suggestions as to the economic development of the City would be welcome. City Manager Schwab reminded Council that they authorized staff to submit an RFP for the develop- ment of a Specific Plan, which will be considered a Barton Road Specific Plan, which would include all the property Mrs. Harmon had mentioned, as well as the property on the other side of the street. He stated that this Specific Plan is set in motion by the Council, with the Planning Commi- ssion, to develop what they would like to see there. He felt the primary concern of this Coun- cil is that they do not want to see development happen lot -by -lot along Barton Road to where at some point in time you will have bodge-podge development with which there will be no continu- ity. Mayor Matteson stated that he had received questions from several citizens regarding response times for emergency services. Steve Rice, President, Courtesy Ambulance, stated that they service the City of Grand Terrace from the Cooley Ranch area and are one of two ambulance providers who are authorized to provide service under County Code. He reported on the average response times in the area. ORAL REPORTS 5A. Committee Reports 1. Council accepted the Historical and Cultural Activities Committee Minutes of 1-9-89. 2. Council accepted the Emergency Operations Committee Minutes of 10-17-88, 11-21-88 and 12-19-88. 11 CITY COUNCIL MINUTES - 2-9-89 PAGE 5 PUBLIC HEARINGS I Dick Rollins, on behalf of the Crime Prevention Committee, reported on the upcoming programs of the Committee. 5B. Council Reports Mayor Pro Tem Grant, advised that he attended the 1989 Mayors and Councilmembers seminar in Monterey and felt it was very beneficial. He reported that he attended the San Bernardino Associated Governments County Transportation Commission meeting on February 1, 1989. He expressed concern regarding three billboards south of Barton Road. He asked the City Attorney for his comments. City Attorney Harper stated that they are in the process of preparing litigation with regard to the Sign Ordinance and that he is involved in litigation in two other locations with Adams Advertising. He stated that as far as Adams is concerned, any City prohibition of billboards is, under any circumstance, un- constitutional under a variety of cases and they are going to put them up and let the Cities litigate it. He added that he is going to do everything he can to remove those signs and any other signs that do not comply with the current Sign Ordinance. Mayor Pro Tem Grant asked if we could get an injunction against Adams pending disposition by the court? City Attorney Harper replied, no, not until there is some violation. Mayor Matteson, reported that he and City Manager Schwab attended the memorial service for Jeff Goodwill, Mayor of Victorville. None. CITY COUNCIL MINUTES - 2-9-89 PAGE 6 UNFINISHED BUSINESS 7A. Arliss Drive Reconstruction City Engineer Kicak reported that five bids were received by 10:00 a.m. on February 7, 1989 and one was received at 1:45 p.m. on that same date. He stated that it was pointed out by one of the bidders that there was one location where it stated 2:00 p.m. for the bid opening, therefore he contacted each bidder who had taken out specifications, including the bidder who turned in the late bid, and pointed out the inaccuracy and asked each one of them if they understood that the bid open- ing was at 10:00 a.m. not 2:00 p.m. on Febru- ary 7. This was done the evening before at about 4:00 p.m. They all indicated that they understood, including the bidder who turned in the late bid. After talking to the City Attorney, his recommendation was to award the contract to the lowest bidder as of 10:00 a.m. on February 7, 1989. Mayor Matteson asked in regard to the bid that was turned in at 1:45 p.m., he had the option of calling in and getting the bid results after 10:00 a.m. Is that correct? City Engineering Kicak replied, that he was not suggesting that he did, but he had the option of contacting the City Clerk or the publication that reports the results. CC-89-16 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR MATTE - SON, CARRIED 5-0, to award the Arliss Drive Reconstruc- tion to Bob Britton in the amount of $24,971.70. CITY COUNCIL MINUTES - 2-9-89 PAGE 7 7B. Appropriation for Demolition of Garden Home Apart- ments. City Manager Schwab stated that Council was aware that the owners of these apartments have abandoned them. The Litigation Guarantee that was purchased from Commonwealth Title guarantees that all owner- ship interest is listed on the Litigation Guaran- tee; there are 18 parties that have a fee interest in the parcel; certified letters have been sent to these parties and it indicated that they have 14 days to eliminate the violations that exist on that site; to date, he has not received any responses to the letters. He has received some comments from persons holding fee interests, but did not have controlling interest; they indicated that they were in concurrence in demolishing those struc- tures. He stated that staff is requesting Council's authorization for $20,000 for the purpose of demolishing those apartment buildings, as well as authorization to go out to receive an informal bid process. Mayor Matteson asked the City Attorney if we spend $20,000 to demolish those buildings and put a lien on the property, what position do we take as far as the lien is concerned in regard to other liens and taxes on the property? City Attorney Harper replied that although the law is not 100 percent clear, it is his position that we are number one; it takes the same position as a street improvement lien; it takes precedence over any other security interest. CC-89-17 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to appropriate $20,000 for the demolition of the Garden Home Apartments. 7C. Award Contract for Housing Element Community Development Director Sawyer reported that the Planning Department has received six proposals and each proposal was evaluated and each firm was invited to an interview, which five could attend. Staff is recommending the top three firms in order of recommendation; Willdan Associates, Ratelle Davis Associates and Community Dynamics. CITY COUNCIL MINUTES - 2-9-89 PAGE 8 He stated that Willdan Associates received the top ranking based in part on their familiarity with the Department of Housing, and Community Development's housing element review process, similar project experience and their knowledge of the City's Gener- al Plan. He stated that it is the Planning Depart- ment's recommendation that the City Council award the contract to prepare the City's Five Year Hous- ing Element Update for 1989 to Willdan Associates in the amount of $15,575. Councilmember Pfennighausen stated that she could not support Willdan in that capacity and felt that they were incapable of performing the job. Councilmember Grant stated that he was satisfied with the professionalism and quality of the General Plan by this firm and he would support staff s recommendation. Mayor Matteson questioned the fact that they were $1,500 more than the lowest bidder and asked why they chose Willdan over the lowest bidder. Community Development Director Sawyer replied that the selection was based on the fact they they have working knowledge of our General Plan and have dealt with low -density communities and have had more Housing Elements approved. He stated they were both close and staff would feel comfortable with either firm. CC-89-18 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 4-1 (COUNCILMEMBER PFENNIGHAUSEN VOTED NOE), to follow staff s recommendation and award the Housing Element Contract to Willdan Associates in the amount of $15,575.00. 7D. Approve Specifications for Grand Terrace Heavy Rescue Unit and Authorize to go to bid. City Manager Schwab advised that City Council appropriated $144,000.00 for the purchase of a heavy rescue vehicle. The Fire Department has been working for about six months to develop the exact specifications for what type of equipment they would like to have. CITY COUNCIL MINUTES - 2-9-89 PAGE 9 He stated that should those specifications be approved, they have indicated the prospective bidders they would like those specifications sent to, which should take about 30-60 days for those bidders to respond back to us. At that time they would come back to Council for an award. CC-89-19 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve specifications and authorize to go to bid. NEW BUSINESS 8A. Award Landscape Contract for Barton Road City Manager Schwab reported that staff solicited proposals for landscape design services for the area known as the Barton Road Corridor from Michi- gan to Canal. Staff has received six proposals from the following firms: Kammeyer and Associates Florian Martinez Associates Richard Pope Associates Wilson Hentzen Randolph Hlubik Associates, Inc. (RHA) TRW Landscape Architect He stated staff's recommendation is to award the contract to RHA of Riverside in the amount of $7,500.00, and appropriate $1,000 for reimbursable costs, which will be in the form of soils tests, telephone, blueprinting and copies. CC-89-20 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to follow staff's recommendation and award the landscape design contract to RHA in the amount of $7,500.00 and appropriate $1,000.00 for reim- bursable costs. 8B. A Resolution of the City Council of the City of Grand Terrace, California, urging the State Water Resources Control Board to revise its draft report llmtitled,, "Water Quality Control Plan for Salinity San Francisco Bay/Sacramento-San Joaquin Delta Estuary." CC-89-21 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to adopt this Resolution. CITY COUNCIL MINUTES - 2-9-89 PAGE 10 8C. A Resolution of the City Council of the City of Grand Terrace, California, Opposing the Closure of Norton Air Force Base and Encouraging the Citizens of the City of Grand Terrace to contact their elected officials in Washington, D.C., and express their concern and opposition to the closure of Norton Air Force Base. CC-89-22 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to adopt this Resolution. 8D. Set Dates for Emergency Plan Workshop with Council and Emergency Operations Committee. City Manager Schwab reported that each Councilmem- ber has received a copy of the Emergency Plan, which was prepared by the Emergency Operations Com- mittee. The committee has indicated that they would like to have a workshop with the committee members, as well as Council to determine whether Council feels this plan would be effective and possibly set up a date to run through the plan. It was determined by Council concensus that March 2, 1989 at 6:00 p.m., would be the date to hold the Emergency Plan workshop. 8E. Discussion Regarding CUP - Chocolate Forest. Mayor Pro Tem Grant read a letter received from Mrs. Joan Johnson, owner of the Chocolate Forest (letter is on file in the City Clerk's Department), regarding problems she has encountered with the Planning Department. Mayor Matteson asked if anyone would like to speak to this issue. Being none, he returned it back to Council. He asked Community Development Director Sawyer if he would like to address this issue. Community Development Director Sawyer read a chron- ology prepared by the Planning Department (Chronol- ogy is on file in the City Clerk's Department). Mayor Matteson asked Mrs. Johnson if she wished to speak at this time. She didn't. CITY COUNCIL MINUTES - 2-9-89 PAGE 11 Councilmember Pfennighausen indicated that she asked that this item be placed on the Agenda after being made aware of some of the problems, and in defense of some of the criticism directed towards staff. She stated that staff, in many cases, is only doing what this Council has directed them to do through Ordinances. It is their job, as elected officials to make sure that these conflicts do not exist. She ran through the citation letter giving her position on each item, stating that she felt they should work to see that Mrs. Johnson's busi- ness is as much a success as possible. Councilmember Singley stated that he also received a call from an interested citizen and talked with the Community Development Director, who explained the process they go through. He was very impressed with the efforts that staff has gone through with Mrs. Johnson to compromise with her. He stated there is a process whereby the Planning Department has issued her a violation and she will go before the Planning Commission in a hearing. He felt that would be the appropriate time for her to address this issue. He also invited her to the meeting with the Chamber. He stated that he did not want Mrs. Johnson to think that he was anti -business, because we desperately need businesses. He indica- ted that he talked to Mr. Sawyer and the City Manager and they are still open to discuss compro- mises, but Mrs. Johnson was not communicating. Mrs. Joan Johnson, Owner of the Chocolate Forest, stated that she was glad to hear that there is still some open communication. She hoped that this issue could be resolved that night, if not, she would pursue it further. Councilmember Carlstrom stated that he attended the Grand Opening of the Chocolate Forest and was very impressed with how Mrs. Johnson utilized the space; it was very neat and clean. He felt we need to take a look at this and get together with Mrs. Johnson to see what can be done. After lengthy discussion between the Community Development Director, Mrs. Johnson and Council, it was suggested by Mayor Matteson that Mrs. Johnson meet with the Community Development Director the next day to see if they can come up with some compromises. CITY COUNCIL MINUTES - 2-9-89 PAGE 12 If not, it will come before Council at the Febru- ary 27, 1989 Council meeting. In the meantime, no action will be taken on those letters. 0 City Attorney Harper advised that the Mayor does not have the ability to vary the conditions of the CUP, without having another Public Hearing. Mayor Matteson directed the Community Development Director and Mrs. Johnson to have their meeting, but to keep in mind that there are certain things that they cannot change without changing the Ordi- nances. He asked Mrs. Johnson if she agreed with that. She agreed. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 8:35 p.m., until the next Regular City Council/CRA meeting, which is scheduled to be held Thursday, Febru- ary 23, 1989. Q=' DTY CITY CLERK of the City Grand Terrace. of the Citytof Grand Terrace. MIJ