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09/06/1990CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 6, 1990 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 6, 1990, 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 Randall Anstine, Assistant City Manager Juanita Brown, City Clerk David Sawyer, Community Development Director Joe Kicak, City Engineer Alan Burns, Deputy City Attorney ABSENT: John Harper, City Attorney The meeting was opened with invocation by Harvey Jackson, Student, California Baptist College, followed by the Pledge of Allegiance led by Councilmember Carlstrom. Mayor Matteson convened City Council meeting at 6:00 p.m. Mayor Matteson reconvened City Council meeting at 6:10 p.m. ITEMS TO DELETE None SPECIAL PRESENTATIONS 2A. Mayor Matteson presented a plaque and a Certificate of Service to Jim Moore, Charter Grand Terrace Head Librarian. 2B. Mayor Matteson presented Certificates of Service to the participants in the Summer Youth Employment Program and a Commendation to David Sandoval, Coordinator/Teacher. 2C. Mayor Pro Tem Grant read a Proclamation proclaiming the month of September, 1990, as "Bicycle Safety Awareness Month." Mayor Matteson introduced Jennifer Santamaria who is a student at Colton High School and has been nominated as a Congressional Scholar to represent her school and community in the delegation of Californians at the 1990 National Young Leaders Conference in Council Minutes - 9/06/90 Page 2 Washington D.C. and indicated that she is raising money to attend the Conference. He indicated that if anyone would like to make a donation, they can get the information from the City Manager. CONSENT CALENDAR CC-90-146 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to approve the Consent Calendar. A. APPROVE CHECK REGISTER NO. 090690 B. RATIFY 9/06/90 CRA ACTION C. WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVE MINUTES OF 8/9/90 & 8/23/90 E. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PUBLIC COMMENT Ron Christianson, 22422 Raven Way, Grand Terrace; indicated that the Candidate Forum has been changed to October 18th at 7:00 p.m. in the City Council Chambers and encouraged everyone to attend. ORAL REPORTS 0 5B. Council Reports Councilmember Pfenni hausen, indicated that effective September 1st a new law became effective, which requires that any truck hauling dirt, rock, sand or gravel must be covered unless the load is kept six inches below the lip of the truck. She felt that the City should look into the new law and enforce it. She indicated that she attended a special program put on by the DARE officer at the school and stated that she was very impressed with the officer and the program. She noted that there was low attendance from the parents and encouraged everyone to attend the next program and do their part to fight drugs. She made reference to the August 23rd meeting indicating that discussion took place regarding the street cut Ordinance, and it was stated by the City Attorney that Council will need to take action establishing the once -a -year fee by amending the fee schedule. She asked when this will be placed on the agenda. City Manager Schwab, stated that it was his understanding that the city Engineer has the authority to set the security amount for each individual utility. He indicated that he will do some research and talk to the City Attorney to determine how we will set the securities and then report back to Council. Council Minutes - 9/06/90 Page 3 PUBLIC HEARINGS 6A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE I11111■ 1 i1L L1 ! 1 OF GRAND City Manager Schwab, indicated that the City currently does not regulate refuse collection and disposal in any way other than the provisions made by the State Health & Safety sections regulating refuse disposal and collection. The passage of Assembly Bill 939 requires that cities be the agency responsible for the task of controlling and reducing the refuse wastestream. In order for the City to be able to meet the mandates of AB 939, it will be necessary for the City to have control of the wastestream. The Refuse Ordinance gives the City the ability to control the manner in which waste is collected and gives the power to grant franchises that further spell out methods of disposal and the rates that may be charged for such disposal. The Ordinance exempts parcels over one acre in size and allows Council to grant exemptions if sufficient cause can be shown that an exemption is warranted. Mayor Matteson opened discussion to the public, there being none, Mayor Matteson returned discussion to Council. Mayor Pro Tem Grant, asked why parcels over one acre in size are exempt from the Ordinance. City Mana er Schwab, indicated that in the past there was concern on behalf of the residents with large lots with horses or agriculture who felt it was unfair for them to have mandated refuse service because they may have a large enough volume of trash to justify hauling it to the dump themselves. This exemption is to give them the option to be able to contract for that service or haul it themselves. Councilmember Carlstrom, indicated that he would like to see the requirement changed to 20,000 sq. ft. or more. Mayor Matteson, agreed with Councilmember Carlstrom that the lot size for exemption should be lowered. He felt that six months imprisonment for violation is too severe. City Manager Schwab, stated that six months is the maximum allowable penalty. He indicated that under extreme circumstances you could be looking at someone who violates the Refuse Ordinance by dumping hazardous waste and that penalty could be necessary. He indicated that an option would be to make it a misdemeanor. Deputy City Attorney Burns, indicated that the $500 and six months in jail is the standard misdemeanor violation for any ordinance that you adopt. It's now up to $1,000 or six months in jail. You do have the discression of reducing that if you specifically state, Council Minutes - 9/06/90 Page 4 down to an infraction, however, he recommended that Council consider not doing that. He indicated that there are very few times that anybody goes to jail at all and the most would be five days. He indicated that you want the flexability to go for a corporate prosecution, some high corporate officer that just blatantly violates the Ordinance. Councilmember Pfenni hausen, indicated that this type of Ordinance has come up before and was met with some resistence. She stated that it is now required by law that municipal government be held responsible for the implementation of legislation to reduce the wastestream. CC-90-147 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt the Refuse Ordinance with the exemption changed to lot sizes of 20,000 sq. ft. or more. 6B. TPM-89-03 (Cook) Community Development Director Sawyer, indicated that the applicant submitted an application to subdivide a single 3.22 net acre R1 parcel into four individual parcels located at 11917 Rosedale Avenue. The Tentative Parcel Map proposes to subdivide the property into two lots with one additional lot for dedication purposes to the adjacent parcel. The existing single-family residence and accessory shed will remain on Lot 1. The size of both lots 1 and 2 is 20,050 square feet, Lot 3 contains 100,188 square feet and Lot A is 4,941 square feet. Lots 1, 2 and 3 meet the minimum lot size requirement of 20,000 square feet. He recommended that Council adopt the Resolution approving TPM-87-03 subject to the conditions of approval contained therein. Mayor Matteson opened discussion to the public, there being none, Mayor Matteson returned discussion Council. Councilmember Pfennighausen, referred to the section that states that prior to building permits being issued, approved fire hydrants and pavement markers shall be installed. She asked if this is standard. She indicated that in 1981-82 the Womens Club took on a project to place blue dots designating where a fire hydrant is located and over the years most of them have disappeared. She indicated that she has not seen a single blue dot installed on any street in any of the new tracts and felt that if this has been standard, we need to see that this is getting done. Community Development Director Sawyer, indicated that through a conversation with the Fire Department on another project, there has been some change in the regulations and this may be a new requirement imposed now that was not a standard condition previously. Councilmember Pfenni hausen, asked that this be looked into to see ow ong this has been required. Council Minutes - 9/06/90 Page 5 City Engineer Kicak, indicated that this is the first time he has seen this as a condition of approval and suggested that the blue dots be replaced through the street striping. Councilmember Pfenni hausen, stated that she would like to see blue dots identifying every fire hydrant within the City within six months. It was the concensus of Council to place blue dots on the next agenda for action. CC-90-148 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to adopt the Resolution approving TPM-87-03 subject to the conditions of approval contained therein. 6C. TPM-90-02 Community Development Director Sawyer, indicated that the applicant submitted an application to subdivide a single 2.17 net acre R1-10 with agricultural overlay into two individual parcels located at 23100 Vista Grande Way. The subject property contains approximately 94,525 square feet. The Tentative Parcel Map proposes to subdivide the property into two lots designated as Lot 1 and Lot 2. Lot 1 is 1.55 acres and Lot 2 is .23 acres. Incorporated in this area is .39 acres, approximately 16,988 square feet for street dedication. He recommended that Council adopt the Resolution approving TPM-90-02 subject to the conditions of approval contained therein. Mayor Matteson opened discussion to the Public. Chauncey Eller, Applicant, 23100 Vista Grande Way, Grand Terrace; referred to the conditions of approval and stated that he is opposed to installing curbs, gutter and sidewalks. He indicated that there is not one home that has curbs and it would stick out like a sore thumb. He indicated that he is opposed to the improvements because of the cost and he would have to remove one full row of orange trees. Mayor Matteson returned discussion to Council. Mayor Matteson, asked the reason for putting this project in the existing Lighting and Landscaping District. CommunitX Development Director Sawyer, indicated that all new subdivisions, parcel maps and tract maps have that condition on them now that we have that district set up so that at any time when we do need to have lights go into that area, that property will be included in the assessment district to pay for them. City Manager Schwab, indicated that if he is placed in the assessment district he will only be assessed to the extent of the benefit that he would receive. If there is no street lighting he Council Minutes - 9/06/90 Page 6 would receive no benefit and, therefore, would receive no assessment. He indicated that staff would not object to Mr. Eller's request that he be allowed to deferr the public improvements in the front as well as deferr joining the assessment district until a further date when we would request him to do so. CC-90-149 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY COUNCILMEMBER PFENNIGHAUSEN, CARRIED 5-0, to adopt the resolution approving TPM-90-02 subject to signing a Deferral Agreement for conditions of approval #2 and #3. NEW BUSINESS 8A. Voting Delegate for 1990 League of California Cities Conference Mayor Matteson, indicated that the three members of Council who will be attending the Conference are Councilmember Pfennighausen, Mayor Pro Tem Grant and Mayor Matteson. CC-90-150 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER SINGLEY, CARRIED 5-0, to appoint Mayor Matteson as the voting delegate for the 1990 League of California Cities Conference. CC-90-151 MOTION BY COUNCILMEMBER PFENNIGHAUSEN, SECOND BY MAYOR MATTESON, CARRIED 5-0, to appoint Mayor Pro Tem Grant as the alternate voting delegate for the 1990 League of California Cities Conference. 8B. Franchise Agreement for Residential Refuse City Mana er Schwab, indicated that Council has adopted the first reading of a Refuse Ordinance which allows the City to grant a franchise for the collection and disposal of refuse. A franchise agreement will allow the City to have some control over the refuse operations within the City. He indicated that staff is proposing that an exclusive residential franchise be considered for Loma Linda Disposal Company and that the commercial disposal remain on an open -competition basis. Loma Linda Disposal is the traditional residential hauler for the City, and currently collect almost 100% of the residential collections. Any current residential customers being picked up by any other company other than Loma Linda Disposal will be allowed, as set by state statute, to continue to collect those stops for a period of five years. Councilmember Sin le , stated that the complaint brought before Council at the previous meeting regarding Loma Linda Disposal has been handled and he commended the City Manager and Loma Linda Disposal for their expeditious action. Deputy City Attorney Burns, referred to page 9 of the agreement and indicated that Health & Safety Code Section 4272 has been repealed and superceded by Public Resources Code Section 49500 and that change should be made to the agreement. He indicated that we are Council Minutes - 9/06/90 Page 7 required by law to give a 5-year get out provision, which is a one- time provision. The Council has discression after the first five- year period to enter into other get out termination clauses. Mayor Matteson, asked if it is correct that we don't have to give an automatic year in five years, we can renew the contract and give them any time we want. Deputy City Attorney Burns, stated that that is correct. Mayor Pro Tem Grant, felt that a franchise should be considered for Commercial refuse at some time in the future. Councilmember Sin le , suggested that Council consider dedicating the 10% franchise fee to Parks & Recreation rather that deposit it into the general fund. Mayor Matteson, felt that the funds will be needed to maintain the general fund since we are losing funds from the State such as the Cigarette Tax. Councilmember Carlstrom, felt that the large bin collection service should be provided bi-monthly rather than quarterly for the convenience of the residents. Councilmember Pfenni hausen, felt that we should try the collection bins quarterly and see how much they are used. He indicated that if there is heavy use we could consider expanding to bi-monthly but she would not like to see them there if they are not needed. Mayor Matteson, felt that it would be easier to start out bi-monthly and reduce the use of collection bins than increase it if there is a need. Councilmember Pfenni hausen, referred to paragraph L on page 4 of the agreement, which refers to tagging trash stating the reason for the refusal to collect, and indicated that she would like to see it reconstructed with "may" changed to "must" or the wording changed that the contractor must do at least one of the following. She pointed out that the City only has control over a percentage of the rates charged, stating that if the tipping fees at the dump go up the City has no control. She also pointed out that the 10% franchise fee is only charged on the base price and not the total bill. She asked if Loma Linda Disposal has the capacity to handle hazardous household waste. Rick Chilton, Loma Linda Disposal; indicated that this agreement came about after a lot of discussion with City staff and felt that Ij it is mutually beneficial to the City, the residents and Loma Linda Disposal. He felt that the five-year term is fair indicating that without a contract at all they would have five years to work in the City. He felt that quarterly bins would be sufficient to handle Council Minutes - 9/06/90 Page 8 the Cities needs for this type of pick up and indicated that if the bins are used more often, they may be taken advantage of by construction companies. He indicated that Loma Linda Disposal is flexable and and if quarterly is not enough it can be increased. He explained that the rate structure is set up in two components, which are service and disposal. The CPI would apply to the service portion and disposal increases would apply to the rate of pasture. The franchise fee would be 10% of the service portion. He indicated that he will look into it but Loma Linda Disposal is not capable at this time to handle hazardous waste removal. However, their regional office is working on a program and if enough people participate, he may be able to get involved. Councilmember Carlstrom, asked about red tagging. Rick Chilton, Loma Linda Disposal; indicated that he has no problem changing the working from "may" to "must." Deputy City Attorney Burns, stated that when Council considers the issue of hazardous waste, it is important to deal with a company that has a substantial liability policy because of potential legal action. Mayor Matteson, stated that Council just adopted the first reading of the Refuse Ordinance and asked if it is legal to award a franchise before the second reading. City Manager Schwab, indicated that the effective date of the franchise would be 30-days from the date of the second reading. Mayor Matteson, indicated that it should be awarded pending the second reading. Stan Hargrave, 12048 Canary Ct., Grand Terrace; made reference to page-ff paragraph E of the Agreement and asked that Council consider using arbitration to avoid remedies at law or in equity if possible. He requested that the second reading of the Refuse Ordinance be open for public hearing. Deputy City Attorney Burns, stated that there are pro's and con's to arbitration. It provides a quicker and cheaper method for settling disputes, however, you do not have the quality of a courts decision. City Manager schwab, stated that if there is a problem and Loma Linda Disposal and the City wish to arbitrate, we have the option to enter into an agreement to arbitrate that one issue but we could selectively choose to arbitrate or not. Deputy City Attorney Burns, stated that in almost all litigation you are required to go through mandatory, non -binding arbitration in which you have an arbitration and you get that result and you can then appeal to the judge or not. Council Minutes - 9/06/90 Page 9 Mayor Pro Tem Grant, asked if Council can have another public Baring at the second reading of the Refuse Ordinance. Deputy City Attorney Burns, indicated that it would have to be a new first reading. Pe Taylor, 22843 Vista Grande Way, Grand Terrace; asked when trash separation and recycling will be mandatory. City Manager Schwab, indicated that at the first meeting in October, Loma Linda Disposal will be making a presentation to Council to consider recycling but it probably would not be mandatory. Councilmember Pfennighausen, indicated that there has been problems with recycling in that the industry is not set up to use the recycled material and it is ending up in the landfills. She indicated that it is encumbent upon us to put pressure on the manufacturers and our legislators to gear up the industry to receive our recyclable waste. She indicated that recycling is not the only method we should use to control our wastestream. Mayor Matteson, stated that he is not in favor of the five years. He felt that it should be a three-year evergreen or completely renegotiated after the fourth year. Councilmember Singley, felt that it is to the benefit of the City and its residents to keep quality equipment and indicated that by giving them a five-year amortization we allow them to continually upgrade their equipment. CC-90-152 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER CARLSTROM, FAILED 2-3 (MAYOR MATTESON AND COUNCILMEMBER CARLSTROM VOTED AYE), to adopt the Franchise Agreement with a three-year evergreen, changing paragraph J to bi-monthly, changing paragraph L from "may" to "shall", and changing the code section on page 9. Councilmember Sin le , stated that he is in favor of a franchise Tut has a problem with with the amortization and changing the bin collection from every three months to every two months. Councilmember Pfennighausen, concurred with Councilmember Singley. CC-90-153 MOTION BY COUNCILMEMBER SINGLEY, SECOND BY MAYOR PRO TEM GRANT, CARRIED 3-2 (Mayor Matteson and Councilmember Carlstrom voted Noe), to approve the Franchise Agreement with the Code Section changed on page 9, changing paragraph L from "may" to "shall" to be effective pending the second reading of the Refuse Ordinance. Council Minutes - 9/06/90 Page 10 ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 8:10 p.m., until the next regular CRA/City Council meeting, which is scheduled to be held Thursday, September 27, 1990. T97CLERK of the City of GranU ace. 1 �I