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03/09/1989CITY COUNCIL MINUTES REGULAR MEETING - MARCH 09, 1989 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 March 09, 1989, at 6:00 p.m. PRESENT: Byron Matteson, Mayor Hugh J. Grant, Mayor Pro Tem Barbara Pfennighausen, Councilmember Jim Singley, Councilmember Gene Carlstrom, Councilmember Thomas J. Schwab, City Manager/Finance Director John Harper, City Attorney David Sawyer, Community Development Director Juanita Brown, Deputy City Clerk Joe Kicak, City Engineer ABSENT: Randy Anstine, Assistant City Manager The meeting was opened with invocation by Pastor Salim Elias, Azure Hills Seventh Day Adventist Church, followed by the Pledge of Allegiance led by Counctlmember Carlstrom. Mayor Matteson convened City Council meeting at 6:06 p.m. Mayor Matteson reconvened City Council meeting at 6:10 p.m. ITEMS TO DELETE None. SPECIAL PRESENTATION Mayor Matteson read a Proclamation proclaiming the month of April as "Earthquake Preparedness Month." CONSENT CALENDAR CC-89-30 MOTION BY MAYOR PRO TEM GRANT, SECOND BY MAYOR MATTESON, CARRIED 5-0, to approve the remainder of the Consent Calendar with the removal of Item A - Check Register No. 030989. B. RATIFY 03/09/89 CRA ACTION C. WAIVE FULL READING OF ORDINANCES AND RESOLUTIONS ON AGENDA. �� D. APPROVE MINUTES OF 02/09/89 & 02/23/89 ITEM FOR DISCUSSION 3A. APPROVE CHECK REGISTER NO. 030989 Councilmember Pfennighausen had questions regarding Item No. 19662. City Manager Schwab explained that item is the cost for a copy of the deposition that the court ordered regarding the current sewer lawsuit between Colton and the City of Grand Terrace. Councilmember Pfennighausen had questions regarding the $636.01 for Check No. 19675 - Complete Business System extra copies. City Manager Schwab explained that the rental of our copier allows us to have so many copies per month and anything over that we are charged. Mayor Pro Tem Grant indicated Item 19703 - Law Enforcement Overtime and questioned if we get a weekly, bi-weekly or monthly breakdown regarding the reason for overtime. He asked if there was a noted degree of variation in the overtime and shared his feelings regarding what should be done when looking at the budget this year. City Manager Schwab explained that this particular bill is for two months, but we are billed overtime as it occurs. He explained that the City receives a summary of the classification of officers and how many hours are worked. He stated that an estimated amount was budgeted for overtime and that we are still within the budget this year. Councilmember Singley shared his knowledge regarding the budget in the Sheriff's Office. CC-89-31 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to approve Check Register No. 030989. PUBLIC PARTICIPATION None. ORAL REPORTS 5A. COMMITTEE REPORTS 1. Historical & Cultural Committee 0 Council Minutes - 03/09/89 Page 2 Accept Resignation of Linda Lee Laufer CC-89-32 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to accept the resignation of Mrs. Linda Lee Laufer with deep regret, authorize Staff to submit a letter of gratitude and advertise the vacancy. 5B. COUNCIL REPORTS Councilmember Pfennighausen, reported that on February 9, 1989 she brought the —subject up regarding raising compensation for Planning Commissioners by $10.00 a meeting, feeling they have been given an additional responsibility of acting as Code Enforcement hearing officers. She requested that this be placed on the next Agenda. Mayor Pro Tem Grant shared his views and concurred with Councilmember Pfennighausen. Councilmember Pfennighausen reported on a phone call she received from a resident that lives west of the freeway in the area of the Vivienda Bridge complaining about the graffitti and shared her feelings regarding graffitti. She felt some type of policy should be established regarding its removal. She shared her views regarding the gravel that was placed in the playground of the park, feeling the gravel should be removed. She stated that she was informed it was requested by the Parks & Recreation Committee who explained it wasn't their idea. She requested comments from the other Councilmembers. Mayor Pro Tem Grant indicated being at the meeting and explained that apparently the soil had become compacted to the extent of being very hard and the only response that Staff was able to provide was that this was standard material used in playgrounds and other parks within the County. He explained that he had the same concern as did a member of the Parks and Recreation Committee who had called him prior to this meeting regarding the injuries that might occur to the children and the problem it could create for the City's equipment. He reported that it was suggested at the meeting to just leave the gravel and see how things work out, feeling it wasn't a good idea. City Manager Schwab reported on receiving phone calls concerning this, explaining if it is the concensus of the Council to take the gravel out and replace it with sand, Staff will do that. Council Minutes - 03/09/89 Page 3 Councilmember Pfennighausen did not feel sand could just be dumped there, it's been done before and became compacted and hard, feeling it needs to be monitored. She requested a Staff Report listing the locations of the areas within the County using gravel so she can go out to see them. Councilmember Singley explained his association regarding gravel and sand, indicating that sand can be thrown into children eyes and that neither were good alternatives. He reported that there is a rubber outdoor styrofoam cover that can be placed on top of the hard -packed dirt to provide safety, feeling Council needs to direct Staff to look into providing a better alternative than sand or gravel and bring it back to Council. Mayor Matteson inquired about the City's policy regarding removing graffitti? City Manager explained that the City has two maintenance employees that do all of the street maintenance as well as the parks. Generally, when complaints are received, a list is made and it's done on a time -available basis, it's worked into their schedule. He explained there is no set firm policy. He stated if Council wanted Staff to look into establishing a policy for their review, Staff will do that, explaining it would affect the manpower if a commitment is made to go out and take it off in a day. Mayor Matteson questioned the average. City Manager Schwab indicated not knowing the average, explaining that he was unaware they had painted it back again, feeling it might be two weeks and Vivienda Bridge might be longer. Mayor Matteson stated that apparently everyone has received calls regarding the Vivienda Bridge and requested that Staff take care of that right away. Councilmember Singley, reported attending three committee meetings since the last Council meeting. He shared his feelings regarding the sign -in sheet that was distributed to the committees, explaining that all memo's sent out to committee's should go through all Councilmembers to be approved and not just one Councilmember before being sent out. Councilmember Pfennighausen explained how the memo started, stating that she did not direct Staff to send the memo and it isn't her policy to go to Staff and direct them to do anything. However, she is in support of the Staff person that sent it, feeling it is a good idea and should be continued. Council Minutes - 03/09/89 Page 4 Mayor Matteson explained that he attended various meetings throughout the month with the County, different cities and groups and everyone that he attends passes out a sign -in sheet. He did not see any problem knowing who is attending the meetings. Mayor Pro Tem Grant shared his feelings regarding the sign -in sheet and method. He explained the difference between the Council and other committees and concurred with Councilmember Singley. Mayor Pro Tem Grant, reported attending the Omnitrans Board meeting on Marc 1, 1989 as alternate and attended the San Bernardino Associates Government Transportation Commission meeting the same day as principal member. He reported on the San Bernardino Associated Government Commuter -rail Committee which is being formed is being developed to commute between Los Angeles, San Bernardino and perhaps Redlands which will reduce the problem of I-10. He indicated they may be selecting people that are not on that corridor and he might be asked to sit in on that. He reported on the Geographic Information Management System and explained what it meant, feeling that perhaps it could be applied to cities as well as the County Government System. ORAL REPORTS 5A. COMMITTEE REPORTS PUBLIC HEARINGS 2. Crime Prevention Committee Ed O'Neal, 22608 Minona Drive, gave a report on their upcoming events and an update on what CorTnunity Services Officer Kargon is doing with a request to remember her at budget time. 6A. Consideration of Negative Declaration SA-88-2 - 24,000 s . t. Commercial/Office Center Community Development Director Sawyer read his Staff Report regarding the 24,000 sq. ft. center which is to be located on Commerce Way (APN 277-451-17). He reported that the Planning Commission recommends Council amend the Initial Study as stated and consider appropriate mitigation measures before approving the Negative Declaration and that the Planning Department recommends Council approve the Negative Declaration as presented by Staff. Council Minutes - 03/09/89 Page 5 Mayor Matteson had a question regarding the direction of the location. Councilmember Pfennighausen referenced the Dept. of Transportation letter dated March 2, 1988, regarding the plans not adequately showing how drains are to be handle and not showing building setbacks from their undefined right-of-way. What is an undefined right-of-way. Community Development Director Sawyer explained that it means the property line between Caltrans property and this particular property owner's property. He stated that he questioned Caltrans regarding this comment and they said they did not always know where their properties and right-of-ways are. They didn't want to make any comments until it was reviewed by the Site and Architectural Review Board. He explained that Staff is working with Caltrans and this will be handled when the site is actually surveyed. Michael Atencio, Environmental Planning System, referenced Attachment B letter, stated that the first letter addressed did identify their concern of where the right-of-way was. He stated that he met with Caltrans and explained the situation to them that this was identified and the property lines were on a recorded map. Caltrans indicated they sent a second letter which is Attachment E and that letter indicates that at this time they did not identify the Interstate right-of-way in order for Caltrans to verify where their boundaries are, but the paragraph above this says Caltrans is not concerned with the date and time that these conditions are met just so long as they are met prior to the issuance of the building permit. He stated that they will take care of this particular issue. Councilmember Pfennighausen questioned why this was a good project and why it should be there? Mr. Paul Westburg, Architect, Environmental Planning System, explained that in the City's General Plan identifies certain types of land uses to go with certain areas, and the land use that's being proposed is in compliance with the General Plan. He explained that this project will provide employment and a place to shop within the City. Councilmember Singley questioned if anyone had shown an interest in renting a space within this project and if so, who are they and what type of business are they proposing? Council Minutes - 03/09/89 Page 6 Mr. Westburg, explained another project he designed and how this project came about. They do not have any preleased tenants at the present because they can't offer such items until they have all of the City's approvals. Councilmember Carlstrom, referencing Attachment A, San Bernardino County Flood Control Easement, questioned how the buildings are going to be arranged on that property in relation to that easement. Mr. Westburg, explained that the two structures proposed are on each side of the easement and the easement goes through the parking lot so there are no structures directly on that easement. Stanley Hargrave, 12048 Canary Ct., Chairman of Planning Commission, requested Council to take the Planning Commission's recommendation regarding the Negative Declaration and rule in favor of their decision. He read part of the Negative Declaration, Item 13F and 14C and explained the Commissioners' reason for their decision. Mr. Atencio, 329 W. State St., Redlands, stated they did an anaFY­si's--oT the project and a commercial project such as their 24,800 sq. ft. will generate approximately 115 vehicle trips per day. The studies prepared by Wildan & Associates, focusing on Commerce Way, southeast area of the City, indicates that the traffic volume is going to be 18,290 on Commerce Way and the report indicates that the southwest area will result in 31,148 additional vehicle trips, the net increase of 24,185 vehicle trips for the General Plan area and our project is within the General Plan area and we will contribute 115 vehicles toward that number and they are willing to work with mitigation measures that would be required. The mitigation measures that you have on board as the City develops are to provide for signalization and widening of various streets throughout the City to deal with this particular traffic. This project will be attributing approximately $6,000 to the school because of the 25 cent sq. ft. for commercial development and they can perhaps use that money to deal with the noise factor with the district. Mayor Matteson asked how can you tell how many cars will be generated if you don't know what type of business will be located there? Mr. Atencio explained that this is based on the Institute of Transportation Engineering Trips Generation Manual for urban land uses. Council Minutes - 03/09/89 Page 7 Stanley Hargrave, pointed out that regarding traffic pattern, the studies done by Wildan & Associates are based off of the study that was done in 1985, so there is at least a 3-year minimum time period that have lapsed. Mr. Paul Westburg, stated that his practice is basically a school practice, explaining the school district should approach another alternative other than assessing the private sector for these improvements, there are other alternatives through the local systems or State funding. Councilmember Singley stated that he did not like to go against the Planning Commission, but he talked to Community Development Director Sawyer, looked at the Plans and investigated a couple areas, he did not feel the school should hold the City and developers back and stop commercial development in this City. He felt the school had an opportunity to negotiate with the City for certain improvements and during that time they did not mention the sound wall, but they did get air conditioners. He indicated not being able to go with a "yes" change and will have to support the Planning Department. Regarding 13F, he felt the developers when they developed this project went with the only written information they have and the zoning give them certain guidelines which he felt they followed and he did not feel the City should not hold up a development of that one project, therefore, he is against changing that to a "yes" vote also. Councilmember Pfennighausen shared her concerns and feelings regarding Negative Declarations; School District obligations; children safety; location of the Grand Terrace Elementary School; commercial developments in the City; goals the City should work towards and eating establishments being allowed to serve alcoholic beverage. She questioned if Orco Tool put in a sidewalk in front of their business. City Engineer Kicak replied that he did not believe it was in the Agreement for a sidewalk, and he did not recall if there was one there now. Councilmember Pfennighausen shared her feelings regarding sidewalks in deferment agreements and asked for information regarding whether this commercial development is being required to put in sidewalks. She questioned if the Forestry and Fire Warden was satisfied with the driveways in this development? Community Development Director Sawyer replied that the Fire Department gave the final approval and any changes that are necessary will be done in the Plans prior to Building Permits. Council Minutes - 03/09/89 Page 8 Councilmember Singley wanted to know who has to provide mitigation course of action? City Attorney Harper explained that it pertains to the yard -stick by which the Negative Declaration is measured. You adopted the General Plan and as part of the General Plan and you did a variety of zoning. You considered an Environmental Impact Report (EIR) which pertains to that zoning. What this Negative Declaration does is use that zoning standard, the one you already approved and the one that's already subjected to EIR as the standard by which to measure "yes's or no's." What you do, and the purpose of CEQA is to compare it with what the permissible uses are in the zone that you've already adopted in the EIR, Circulation Plan and General Plan. So, it's legitimate to say, "no" there is no significant environmental impact. Councilmember Pfennighausen felt it is encumbant upon a legislative body to also look to the future and see when they are adopting Plans what kinds of impacts they are going to immediately have to face and in the long range have to face. I want to see the project and our commercial area opened up. She stated that she did not feel comfortable in adopting the Negative Declaration that the Planning Department is asking. Mayor Matteson stated that in light of what City Attorney Harper brought out as far as the Negative Declaration, he was going to move to approve the Planning Department recommendation with the set of conditions as listed. CC-89-33 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, to approve the Planning Department's recommendation with the set of conditions as listed. Mayor Pro Tem Grant shared his feelings regarding the Negative Declaration and concurred with the motion. Motion CC-89-33 carried 4-1 (with Councilmember Pfennighausen voting NOE), to approve the Planning Department's recommendation with the set of conditions as listed. UNFINISHED BUSINESS 7A. Agreement To Defer Public Improvements On A Sin le-famil Home Located at 11645 Grand Terrace Court Hieb Community Development Director Sawyer read his Staff Report regarding dealing with the 5-year limitation on when the City can appropriately call the improvements due. The Agreement has been amended, but does not have that limitation time -period in it. Council Minutes - 03/09/89 Page 9 CC-89-34 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY COUNCILMEMBER SINGLEY, that the Lien Agreement be drawn as presented by the Attorney. Mayor Matteson asked City Attorney Harper if this leaves this open at anytime that the City desires and does it pass on as the property is sold? City Attorney Harper replied, yes to both questions. Motion CC-89-34 carried 5-0. 7B. Award Contract for Demolition of Garden Home Apartments City Manager Schwab read his Staff Report regarding demolishing the Garden Home Apartments. He stated that Council did appropriate $20,000 in the past for the work and staff is recommending Council award the contract to All Pro Construction for $25,600, direct the City Clerk to place a lien on the property for that amount for recovery in the future and to appropriate an additional $5,600.00 from the General Fund Unappropriated Balance to bring it up to a total of $25,600.00. CC-89-35 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, to approve Staff's recommendation of awarding the demolition contract to All Pro Construction Company for demolishing the Garden Home Apartments. 0 NEW BUSINESS 8A. Contract for Public Relations and Media Services City Manager Schwab read his Staff Report regarding a proposal from Copeland & Associates to provide public relations and media communication services on an as -needed basis. He stated that Staff is recommending that Council approve entering into a Consultant Agreement for a trial period of six months for the described services and evaluate its effectiveness in six months to determine its potential and to appropriate $3,000 from the Unappropriated General Fund Balance. Mayor Pro Tem Grant asked if Highland or Loma Linda had been contacted regarding their feelings about Copeland & Associates? City Manager Schwab explained that both cities have only been in involved with Copeland & Associates for about a month or month and a half. 11 Council Minutes - 03/09/89 Page 10 Mayor Pro Tem Grant wanted to know if this was something the City could do? City Manager Schwab felt Staff could do something similar, but felt time spent would probably be more than $500.00 a month and we do not have the equipment needed. Councilmember Carlstrom stated that this will give us better exposure to promote our City. Councilmember Singley felt a need to wait approximately three months before approving this recommendation. Jim Copeland, President of Copeland & Associate, informed Council that his company has been in existence for approximately two years. He stated that he has done public relations work for the City of Loma Linda and the City of Highland. He felt, while he owned Foothill Journal that he had a pretty good track record, providing quality news coverage for our City. Councilmember Carlstrom felt Mr. Copeland has been very visible in the community and would give us our money's worth if we decide to go with him. Mayor Matteson felt Mr. Copeland did a good job with the Foothill Journal as far as giving out good coverage. In reference to Councilmember Singley's comments, budget time will come up in June and if we give Mr. Copeland a try now, it could be decided in June whether or not to continue. Mr. Dennis Evans, 22064 DeBerry, asked City Manager Schwab if he personally felt this type of service would be a benefit to this community and asked for justification? City Manager Schwab replied, "yes", and currently because we are a little city, the coverage tends to be somewhat less than what it deserves and the community deserves an opportunity to have a trial period of six months. Mr. Evans, asked City Manager Schwab to share with the community how much money the City pays the Foothill Journal for the ad we currently have. City Manager Schwab replied, approximately $400.00 a month. Mr. Evans asked if this more than what we currently have in the ad. City Manager Schwab stated this will not replace the ad, the Agenda would continue to be put in the Foothill Journal. Council Minutes - 03/09/89 Page 11 Mr. Evans had some concerns referencing the money that is being spent, felt if Mr. Copeland is hired, the Foothill Journal should be terminated. He inquired if a Request for Proposals been sent out to give all an opportunity to bid for the service. City Manager Schwab explained that has not been a competitive bid situation, it's a professional service that was proposed to us, but if the City Council wishes to direct Staff to solicit a Request for Proposals, Staff will do that. Mr. Evans felt a Request for Proposal is the correct route to take. Councilmember Singley, felt if we are going to into a public relations firm, the proper process would be to solicit. Mr. Copeland stated as far as he understood, the proposal is just for when the City felt there was a need to have the service provided to them. It is my understanding by Loma Linda that it would fall under consultant type work and did not need a bid. He stated that he became involved by City Councilmembers saying they wanted to have some control and be able to put out some positive media out on their city and get good coverage. Mr. Evans stated that providing the services that Mr. Copeland has brought before you is a good idea, what he is saying is if you are going to hire a consultant, it is fair to go out for a competitive bid. Mr. John R. Taylor, 22843 Vista Grande Way, asked City Manager Schwab to share what the expectations would be for the $500.00 and also if you have considered giving the Chamber of Commerce funds for their publicity committee if the have one. City Manager Schwab explained that the City supports the Chamber 100 percent by giving them $30,000.00 per year to assist in their activities. He stated that when he attends meetings and people look at his name tag, they ask where is Grand Terrace, so it's those types of things we are trying to overcome, some community identity. We want to get exposure in the newspaper locally so people can identify where is Grand Terrace because we are proud of our City. He felt $500.00 a month to get that type of exposure is a small price to pay if we can get that kind of exposure. We are looking at it on a trial basis. Councilmember Singley had concern about conflict between the cities when working with the same consultant. Council Minutes - 03/09/89 Page 12 City Manager Schwab explained that one of the future goals is the future child care program which is something that you don't really see in this area. We want people to look ` at the image of Grand Terrace and see it as a quality community. Mayor Pro Tem Pfennighausen felt that if we wait until budget time, we still haven't seen a track record, but supported entering into a contract at this time on a trial basis, but reserved the right to have a change of mind at the upcoming fiscal year budget time if there is a need. Mayor Matteson asked City Attorney Harper if we could enter into this type of contract without going out to bid? City Attorney Harper replied, yes, it's a consultant agreement. The only public bidding requirements contained in the Code are for public works projects. Councilmember Pfennighausen stated that we are talking about doing something for six months that obligates two months into another budget year. If we are going to do it at all, it should not extend past three months. As a point of clarification, do I understand that we don't need to appropriate $3,000.00 because we don't know whether Jim is going to do $3,000.00 worth of work, if it's time and material? Mrs. Pe Taylor, 22843 Vista Grande Way, inquired how o ten the Agenda ad is ran in the Foothill Journal? City Manager Schwab explained that since we contracted with the Foothill Journal it has run every single week that we had a Council meeting. Since the Foothill Journal sold, they get an Agenda package every week and they have been just publishing our Agenda. This is the first meeting since the Foothill Journal changed hands and the new owners did not know that they automatically publish our Agenda. It didn't show up this week, it won't happen again and there will be an adjustment on the bill. Mrs. Taylor asked who sits on the RFP Committee? City Manager Schwab explained there is no formal RFP Committee, it just depends on what area it pertains to. Generally, it's him and if it has something to do with Planning, the Planning Development Director will sit on it, if it has something to do with road maintenance, the Assistant City Manager usually sits on it. Mrs. Taylor asked if one person could make a decision on the RFP's that is presented and the low bid is always taken? Council Minutes - 03/09/89 Page 13 City Manager Schwab explained that the low bid is not always taken. We just recently contracted for the housing element and we took the second to the lowest bid. In public works projects there is a tendency because they do provide performance bonds to take the low bid because they are providing the bond that says they will do the job. Under the consultant contracts, it's not always low bid. Mrs. Taylor inquired if the interviews were personal or were they strictly on the RFP itself? City Manager Schwab explained that generally they are personal interviews. It depends on the scope and level of the job. Our RFP for the fire engine have many people who are back east; much of it will be done by telephone. Mrs. Taylor stated that the reason she was asking this is because she did hear a little undercurrent that many of the Council people have such a great friendship with this gentleman, who she did not know, that he might get the bid if it went through RFP because he knew everyone on the Council. She stated that the reason she is inquiring was because she wanted to know if the City has ever considered forming a separate entity that would consist of more than one person for an RFP Committee? City Manager Schwab stated that in the five years he has been here, to his knowledge it has never been considered. Mayor Matteson addressed Mrs. Taylor's comment regarding conflict, stated that he has never been in any organization that is as straight as the City Council here, they don't spend a dime, they don't turn in expense reports, they spend a lot of their own money. Mrs. Taylor stated that she wasn't referring to that, she was only saying for Council's own protection because it would only have to happen one time, if they have ever considered having an RFP Committee. Councilmember Singley, addressing Mr. Copeland, stated that he made a statement that by contracting with Highland and Loma Linda the City might put him in conflict at times. For instance, we are having a Safety Fair on June 5th and the City of Loma Linda is having one the same day, how are you going to deal with that? Mr. Copeland stated that it depends on what role you want me to play in that fair. If I was just sending out news releases saying it is going to happen, there would be no conflict. If I was trying to bring in the Sheriff's Staff to get involved or something like that, the only thing I Council Minutes - 03/09/89 Page 14 could do is give you the advice of whoever is planning it first to let you know there is a conflict that the Sheriff won't be available or whatever the case may be. I don't think that that's a problem as far as my role would go. Generally, I'm going to handle the public relations on it and try to get the word out that it's happening to the Sun, Press, radio or whatever media. Mr. Ed O'Neal, 22608 Minona Drive, was in favor of contracting with Mr. Copeland. CC-89-35 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT (Motion carried 4-0-0-1 with COUNCILMEMBER PFENNIGHAUSEN ABSTAINED), to enter into four months contract with Mr. Copeland and appropriate $2,000.00 from the Unappropriated Fund Balance. 8B. Lighting Construction & Maintenance District City Manager Schwab read his Staff Report regarding installation of street lights. He stated that Staff is recommending Council to authorize Staff to prepare all necessary documents and proceed with the formation of a Grand Terrace Lighting Construction and Maintenance District and to allocate the $35,000.00 from the General Fund to allow us to do all of the preliminary assessment work necessary to bring it back to the Council for a Public Hearing. CC-89-37 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, to accept Staff's recommendations and approved it as proposed. Councilmember Pfennighausen shared her and some residents of this community feelings regarding the assessment issue. She felt the voters needed to have a chance to express their desires on this issue and if people in certain areas wished to form an Assessment District, that's possible to do. City Attorney Harper stated that this will be formed under the 1972 Street Lighting Landscaping District Act and it requires mail notices to the property owners and a Public Hearing. Regarding some residents being interested in street lights and some not being interested, you are not obligated to put street lights everywhere. The Code requires that assessments be based upon benefits, so that if one section of the town didn't want lights and Council didn't think lights were appropriate, then those people wouldn't be assessed. It doesn't preclude the energy cost for common lighting from being spread throughout the community. Council Minutes - 03/09/89 Page 15 Councilmember Pfennighausen stated that the presentation from the City Manager is that we will do the assessment or we won't. She felt the people have spoken loudly on this issue prior to this. She stated that she understands that every property owner will be notified and will be have an opportunity to come before a Public Hearing to express their thoughts and desires. She explained that it has been her observation over the years that she has been involved in government that Public Hearings do not get good response. People are intimidated by them and as a result of that, there are usually a very vocal minority of people that manage to put the pressure on the legislatures to get something done. Mayor Matteson concurred with Councilmember Pfennighausen, he hated to see that $35,000.00 spent and go down the drain. He stated he would rather see some type of survey to find out if it's going to be a functional thing and the desire of the citizens. There are a lot of streets that need lighting. He felt rather than risk that $35,000.00 we should do a survey and find out if it is something that we sell and if it isn't, then maybe we can do sections of the City, but everybody should have that opportunity to express their desires. If we don't have the majority of the City, it's going to be defeated. Councilmember Singley, felt there would be a lot of response to this issue during the public Hearing. He felt that Council needs to realize that there are certain liabilities in not acting in a positive manner. He felt this program could be sold to the citizens because this is a needed expense to make our City a nicer environment. Mayor Pro Tem Pfennighausen felt there are two ways in order to accomplish this, the people can scream and holler and say that they don't want it, but the ultimate decision sits with this Council in the formation of that district. All the Public Hearing does is meet a legal process and give Council input, but it is up to Council to make that decision in the end. Mayor Matteson inquired if what Councilmember Pfennighausen said was true regarding the ultimate decision on creating that district. City Attorney Harper replied, "yes." If 50 percent plus of the people in the community file a written protest, then it dies. City Manager Schwab stated that it's parcel not people. 11 11 Council Minutes - 03/09/89 Page 16 City Engineer Kicak explained that protest is measured by area of the property and if more than 50 percent plus area property owners protest, the District cannot proceed. That doesn't say that the City Council has to approve a District with less than 50 percent protest. Mayor Matteson asked if he was saying that one man that has ten acres has as much voice as a subdivision in ten acres. The response was, yes. City Attorney Harper shared his experiences with other agencies who have tried to establish street lighting landscaping districts and the difficulty is in explaining adequately what you are attempting to do and what the costs are when you haven't gone through the process of getting the cost. He stated what the City Engineer is guessing what the actual assessments are going to be and it's difficult for people to say anything other than "no" when it's kind of an open-ended question. Councilmember Pfennighausen stated that twice tonight I've heard comments regarding the tragic death of a lady on Barton Road and the reason for her death is being cited as inadequate lighting. She stated that if her memory serves her correctly, at the time Council questioned what was the implication of her death and what were the things the City needed to be concerned about because that lady was hit by an employee of this City. She stated that accident had absolutely nothing to do with lighting, the lady was disoriented, moving into traffic and the girl that hit her couldn't avoid her at all. She felt if it goes as explained in certain areas of the City it will lose because the majority of new construction is required to put in street lights. The area under consideration is the older area and they don't have 50 percent of the land area in the City. City Manager Schwab clarified if he misled any member of the Council, I should have said that I feel that that contributed to the death of that individual. Had it been in broad daylight or had flood lights been up and down Barton Road, maybe she wouldn't have gotten hit. As a general rule, having lights is probably safer than not having lights from a pedestrian's standpoint. Motion CC-89-37 carried 4-1 (With Councilmember Pfennighausen voting NOE). Council Minutes - 03/09/89 Page 17 8C. Arrangements for Community Goal -Setting Workshop This item was continued to the next City Council meeting in order to allow Council a chance to review Councilmember Pfennighausen's proposal for the Community Goal -Setting Workshop. 8D. Council Consideration of Telephone Undergrounding at Barton and LaCrosse City Manager Schwab explained that the current retail commercial development at LaCrosse and Barton Road is required, as part of their improvements, to underground the telephone trunk cable that fronts their property from LaCross west to Grand Terrace Road. The City has been approached by the developer, Keeney and Son, to cooperate in a joint effort to continue the undergrounding from Grand Terrace Road west to the Southern Pacific Railroad right-of-way. He stated that Staff recommends that Council authorize joint undergrounding of the Pacific Telephone Trunk Line Cable from LaCrosse east to the railroad right-of-way and appropriate $16,024.00 for the City's share of the project. CC-89-38 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR MATTESON, CARRIED 5-0, to approve Staff's recommendation. 8E. Appropriation for Legal Fees - Cities vs. Garb Oil City Attorney Harper explained that this issue pertains to a tire burning lawsuit. We participated with the County and other cities in the vicinity in prosecuting this lawsuit. We were unsuccessful the first time. It's the unanimous feelings of all the cities involved as well as their legal council that we file a petition with the Supreme Court. Grand Terrace participates in 1/18 of the cost of prosecuting the lawsuit and it's anticipated that the additional cost would be a maximum of $35,000.00 making the percentage approximately $2,000.00. Based upon the discussion last week, it is my recommendation that you appropriate $2,000.00 to continue to prosecute the lawsuit. CC-89-39 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, to appropriate $2,000.00 for legal fees. Mayor Pro Tem Grant stated that since he was unable to attend that meeting, he questioned if was anything else took place. Mayor Matteson explained that it was the consensus to appeal the lawsuit and to go back to the trial court and file on four other issues. Our chances for appeal are very Council Minutes - 03/09/89 Page 18 1 slim, but we have better chance of going back to trial court. It was the consensus of all the legal councils to go ahead and fight this all the way. Motion CC-89-39 carried 5-0. Mayor Matteson asked City Attorney Harper to notify the proper authority that we have approved this. Mayor Matteson adjourned the City Council meeting at 9:10 p.m., until the next Regular City Council/CRA meeting which will is scheduled to be held Thursday, March 23, 1989 at 6:00 p.m. j� gmev / ( - Axtt�s MAYO of the City of G and Terrace D PU CI Y CLERK e City of Gra Terrace. Council Minutes - 03/09/89 Page 19