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03/26/1987CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MARCH 26, 1987 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 26, 1987, at 5:35 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Dennis L. Evans, Councilman Susan Crawford, Councilwoman Hugh J. Grant, Councilman Thomas J. Schwab, Acting City Manager Joe Kicak, Planning Director/City Engineer Ivan Hopkins, City Attorney Loretta Thompson, City Clerk Randy Anstine, Community Services Director ABSENT: NONE The meeting was opened with invocation by Mayor Pro Tem Pfennighausen, followed by the Pledge of Allegiance, led by Councilman Evans. ITEMS DELETED There were no items to delete from the agenda. CONSENT The Councilmembers did not ask to have any items deleted from CALENDAR the Consent Calendar. CC-87-44 Motion by Mayor Pro Tem Pfennighausen, second by Councilwoman Crawford, ALL AYES, that the following Consent Calendar items be approved: Item A - Check Register No. 032687 Item B - Ratify 3/26/87 CRA Action Item C - Waive full reading of Ordinances on agenda Item D - Approve 3/12/87 Minutes Item E - Accept & authorize the City Clerk to record the following Grant Deeds for Barton road dedication from: Loma Linda University Medical Group - A.P.N. 275-242-12; Constance Nissenson - A.P.N. 277-121-19. r- ) Item F - Approve & authorize the Mayor to execute a contract with the County of San Bernardino for the City's Participation in the County's Weekend Work Program. Item G - Approve transfer of $20,000 from the Fund 18-912-255 (Slurry Seal) to Fund 16-900-258 & appropriate an additional $160,000 from the unappropriated fund balance of the Transportation Development Act Fund for Street Improvements. PUBLIC PARTICIPATION Ed O'Neal Mr. O'Neal circulated a Memo from the group known as Concerned 22608 Minona Dr. Citizens of Grand Terrace, requesting Council to take the necessary action to continue the contract for a Community Services Officer with the Sheriff's Department. Mr. O'Neal reviewed the background of this contract and outlined reasons for continuing the contract. ORAL REPORTS Thomas Schwab, Mayor Matteson indicated the Acting City Manager had something Acting City to discuss. The Acting City Manager advised that a budget call Manager for the 1987/88 Fiscal year has been sent out to committees. This year Council is being given an opportunity to have input into the budget procedure before the budget is developed. He asked Council to establish a date for a preliminary budget planning session. He indicated that Staff will be receiving budget forms April 1 and the sooner we can get Council's input the better. Council agreed to a workshop session to be scheduled April 16, 1987 at 5:30 p.m. in the Conference Room adjacent to the City Manager's Office. Dick Rollins Mr. Rollins spoke to Council with regards to the Parks and 22700 DeBerry St. Recreation snack bar on school property. He indicated that, at this time, he could not make a statement for the Parks and Recreation Committee, its membership, the Grand Terrace Lion's Club, or the City of Grand Terrace with regards to completion of the snack bar. This project seems to have come to a complete standstill with nothing having been done since the last Council meeting. This matter will have to be considered seriously at the next Parks and Recreation Committee meeting. The Committee will have to consider securing the building with doors, lock it up, complete the roof, take the fence down, clean up the area and leave it up to the individual organizations to complete the snack bar. At this point, nobody seem to be very interested in its completion. The school district's view is that, if the snack bar is not completed, they want it torn down. Council Minutes - 3/26/87 Page 2 I Councilman Evans indicated that, at the last Parks and Recreation Committee meeting, there was a discussion about contracting to complete the snack bar. He asked if the possibility of completing this project by contract has been looked into. Mr. Anstine indicated he received a bid from a contractor who is willing to complete the project. His estimate to complete the project was between $21,000 and $25,000. Mr. Anstine indicated he has also been in contact with other contractors who have expressed an interest in the project. However, they are apprehensive about taking over the project as they were not involved initially. Councilman Evans indicated it is apparent that we are having problems with the completion of this project. He indicated that, in his opinion, time is of the essence and suggested that, with Council concurrence, Staff be directed to go out to bid for the completion of this project following all the necessary guidelines. Mr. Rollins indicated another point that was brought to his attention deals with the sewer line, the sewer hookup and sewer connection. The cost of this service will have to be bourn by the citizens, as the school district does not wish to assume these costs. He questioned who would pay for the water and electricity used. These are things that the Committee did not look seriously at when they embarked on this project. Mr. Rollins advised that Mr. Karger had indicated the Committee could save enough on donated material and supplies to complete the project within the $15,000 figure. He indicated he did not know how much the City still had left to pay for this project or how much the Lions Club is still willing to donate. There are still a lot of unanswered questions to be dealt with. The school district is becoming irritated about having the unfinished building on their property. Councilman Evans indicated that Council did understand and appreciate Mr. Rollin's comments. However, Council must now proceed in getting this matter completed as quickly as possible. CC-87-45 Motion by Councilman Evans, second by Mayor Pro Tem Pfennighausen, that Council direct Staff to go out to bid for the completion of the snack bar and to bring a comprehensive report back to Council for further consideration. Mayor Matteson asked Mr. Rollins if he had contacted any other organization that may be interested in completing the snack bar, such as the Lions' Club or the Chamber of Commerce. Council Minutes - 3/26/87 Page 3 Mr. Rollins indicated that the Lions' Club is the only viable organization that generally does what they say they are going to do. Mr. Rollins indicated that, in as much as the Lions Club have offered funds for this project, he has not gone back to them and asked them to provide labor for the project.He indicated that when he can't get the youth organizations, especially the Little League Organization, out to do something on this project, he becomes very disappointed as the snack bar was for the youth organizations use. There doesn't seem to be any interest in completing this structure at all. Mayor Pro Tem Pfennighausen indicated that it seems inconceivable that we cannot get this project completed. However, we cannot leave it half done and it does not make any sense to tear it down. Therefore, we must complete it. She suggested we might consider a percentage breakoff for the City on what the snack bar makes to cover the expenses. This may not cover the cost, but may help defray the expenses of water and electricity. Mayor Matteson asked how much money has been invested in the snack bar to date. Mr. Rollins indicated it would be difficult to estimate the actual financial investments in the project as a majority of the material and labor has been donated. The only actual financial investment in the project has been the funds expended by the City. Councilman Grant indicated Council should give serious thought, in the future, before embarking on a project where we depend on volunteers who are well meaning initially, but whose enthusiasm later wanes. He further indicated he feels we have a possibility of a liability problem here. And, as reluctant as he is to have this City drawn in like this, he agreed with Councilman Evans that something has to be done. Mayor Matteson agreed with Councilman Evans' comments and indicated he feels Staff should bring in a further report before a final decision is made. Councilwoman Crawford indicated that on the agenda tonight is a contract with the Sheriff's Department for the City's participation in the County's Weekend Work Program. She questioned whether these people would have the expertise to contribute labor to the snack bar. Mayor Matteson asked Detective Gilbreth, of the Sheriff's Department, if he had any comment in this regard. Detective Gilbreth indicated he could not answer the question at this time. However, he stated he would investigate and report to Council. 11 Council Minutes - 3/26/87 Page 4 Mr. Rollins indicated he felt he should remind Council that Mr. Anstine did go to bid for the completion of this project and received one bid. He also spoke to other contractors. The point Mr. Anstine brought out was that the contractor who assumes the responsibility for completing the snack bar also assumes the liability because there has been no building permit, no building inspection and no participation by the City's Building Department. Councilman Evans indicated the situation is fully understood as it now stands. What Staff must do now is bring back a report outlining the problems that exist and alternative solutions to the problems so the building can be completed. Motion CC-87-45 carried ALL AYES. Wilderness Park Mayor Matteson asked what the Wilderness Park Committee was, Committee how many members serve on it and how often does it meet. Councilwoman Crawford indicated that the Wilderness Park Committee is an Ad Hoc Committee that was formed three years ago. It's membership included Susan Crawford, Jerry Hawkinson, Joe Ramos, Doug Erway, Frank Ferre, and former Councilman Petta would sit in on these meetings. Councilwoman Crawford indicated she had resigned when she was elected to Council. The Committee met periodically when there was something to discuss. The purpose of the Wilderness Park Committee is to create a Wilderness Park consisting of the lands on Blue Mountain that are not buildable. Mayor Matteson asked how many times this Committee met in 1986. Councilwoman Crawford indicated she did not believe the Committee met in 1986. They had reached a point where the Committee felt they were at a standstill with Council as far as acquiring land on Blue Mountain. Councilwoman Crawford indicated she would like to rejuvenate the Committee. CC-87-46 Motion by Councilwoman Crawford, second by Councilman Grant, that Mr. Tony Petta be appointed to serve on the Wilderness Park Committee. Mayor Pro Tem Pfennighausen indicated she had no objection to the appointment of Mr. Tony Petta to serve on the Wilderness Park Committee. She did have concern about the Committee itself. When the Committee was formed, Mayor Pro Tem Pfennighausen indicated she had expressed concern about the liability the City would be assuming in the Wilderness area as soon as the property belonged to them. She still has the same concern. People have hiked and used the side of that mountain probably as long as the mountain has been there. Nobody is keeping the people off the mountain. She indicated that, in case of a law suit, if the City owns the property, the person bringing suit will be more apt to press for a high financial Council Minutes - 3/26/87 Page 5 settlement. People are still using the mountain. Leaving the City open to liability claims seems inconsistent with Council's job. Mayor Pro Tem Pfennighausen further indicated that Mr. Dennis Kidd, owner of a majority of the property on Blue Mountain, indicated that, if the City did not take any action on his offer to sell the property by December 1, 1986, the offer would be withdrawn as he would not be in a position to take advantage of tax laws. The situation became more complicated with a property exchange offer made to Mr. Kidd by Council. The offer was to exchange Mr. Kidd's property on Blue Mountain for useful City -owned property that would bring in revenue for the City. That, along with the fact that the Parks and Recreation Committee had, on at least two occasions, recommended against the City becoming involved with the side of that mountain as a park and recreation facility. She indicated she felt it was foolish for the City to continue to pursue the use of Blue Mountain as a City facility. Mayor Pro Tem Pfennighausen indicated that she is prepared to make a motion to dissolve the Wilderness Park Committee, if the motion before Council fails. Councilman Grant indicated that, as none of the other Councilmembers were aware of Mr. Kidd's comments to Mayor Pro Tem Pfennighausen regarding the withdrawal of his offer for the property, he could not comment on that. However, if the City is concerned about liability, he would recommend strongly that we: close down the Park on DeBerry Street immediately; not build the Park on Pico; not let anyone use Gage Park because he would not want Edison involved in liability problems. Councilman Grant stated the City must assume some risks with regards to recreation facilities. He indicated he was not talking about going into areas where the City would be inviting liability problems. He did not think the Wilderness Park is that kind of situation. He supports this.motion because he feels that, if we are going to have any continuity in terms of wilderness or natural park developments, it's going to be through the auspices of this City. If it is left to private individuals, it will be left as it is with nothing being developed. Councilman Grant indicated he feels Council would be negligent in addressing the recreational needs of the City, if we avoid this extremely valuable opportunity to have something to say about the future of that very natural area. Councilman Evans indicated that he supports Mayor Pro Tem Pfennighausen's comments as they relate to hiking on the mountain. This mountain has been hiked for years and it will continue to be hiked whether the City owns it or not. And, since it is a mountain and has steep inclines, you incur a certain amount of danger when you hike there. This would lead to the possible liability problem, if the City owns the Council Minutes - 3/26/87 Page 6 property. He feels there is a certain amount of gamble anytime a public entity assumes responsibility for a public facility that is going to be used by the citizens. He feels the gamble has to be taken with regards to the DeBerry Street Park and the Pico Park Site. He feels it would be foolish to support a committee unless Council could give 100 percent cooperation for its purpose. He indicated that he could not support the development of the Wilderness Park. In his opinion, the funds should be spent in developing the Pico Park site and upgrading other parks or other recreation facilities. Councilwoman Crawford indicated that the object of the Wilderness Park Committee is to preserve the park for the citizens, not to spend a lot of money on it. There was never any intent to spend a great deal of money on the mountain. We have the opportunity to preserve something in Southern California that there is not going to be very much of in the future. She referred to the wild life and to the plant life. Further, everyone using the mountain is trespassing on private property. She feels it will be an asset to the community to have that area as a part of the community to preserve and to improve it by doing a minimum amount of work. Mayor Matteson indicated that, as the Wilderness Park Committee has not met in over a year, he would be in favor of disbanding it. However, if Councilwoman Crawford wishes to reactivate the committee, he sees no problem with it. The Committee cannot make any decision unless they come back to Council for approval. Motion CC-87-46 carried with Mayor Pro Tem Pfennighausen and Councilman Evans voting NOE. PLANNING Councilman Grant indicated that members of Council received a C_O_M_M_I_S_S_I.O_N letter from Mr. Daniel McHugh submitting his resignation from the Planning Commission. Councilman Grant wished to have a letter sent to Mr. McHugh expressing Council's deep and sincere regret on his resignation. He also wished to have Council proceed to recruit a replacement for Mr. McHugh with the selection process to be as it has been in the past. Council concurred with Councilman Grant's suggestions. COUNCIL REPORTS Mr. Arkebauer Councilman Grant advised that one of the "No Parking" sign installed in front of Mr. Arkebauer's home is missing. He suggested that another sign be reinstalled. Council Minutes - 3/26/87 Page 7 Trash To Energy Mayor Pro Tem Pfennighausen advised she attended the "Trash To Energy" meeting in San Bernardino and came back quite frightened at some of the things the testimony brought out. She mentioned that twelve plants are proposed in the Los Angeles area and that the prevailing winds make Grand Terrace a depository for all their pollution. This is something the citizens of this community need to become informed about. Mayor Pro Tem Pfennighausen indicated that there is a petition here tonight to stop the tire burning plant in support of a piece of legislation Assemblyman Clute is carrying to place a moratorium on this type of facility until they know more about it. The testimony she heard the other night would indicate they should never build the tire burning plant. The solutions are not going to be simple, but the people are going to have to buy into them. Traffic Mayor Pro Tem Pfennighausen advised she has spoken to a number Mt. Vernon Ave. of citizens who are becoming increasingly concerned about the traffic on Mt. Vernon Avenue at peak traffic time, especially when children are going and coming to school. People in that area who have children going to school are asking Council to put in crosswalks and a four-way stop at Van Buren and Pico. Mayor Pro Tem Pfennighausen indicated she would like Council to consider and discuss the possibility of installing crosswalks and installing four-way stop signs at Van Buren and Pico immediately. On the Mayor's request, the City Engineer indicated that he would have no problem with the proposal for installing four-way stop signs at the two corners mentioned. As far as the safety of the children is concerned, he does not have the count on pedestrian traffic at those intersections and he does not recall what the Traffic Engineer's Study of two years ago said about these two intersections, if anything. If Council wishes to take action from a technical point of view, Mr. Kicak had no problem with it. The Acting City Manager advised that, in discussing this matter with the City Attorney, it is the City Attorney's opinion that, if Council wishes to give this direction to Staff, they could do so at this meeting as it is a health and safety item. CC-87-47 Motion by Mayor Pro Tem Pfennighausen, second by Councilman Grant, Council direct that four-way stop signs be installed at Van Buren and Pico on Mt. Vernon and that pedestrian crosswalks be painted immediately. The Acting City Manager indicated, that along with the direction from Council, it will be necessary to appropriate the funds required to install the four-way stop signs and to paint the pedestrian crosswalks. The City Engineer indicated the cost of the stop signs and the crosswalks would not exceed Council Minutes - 3/26/87 Page 8 $2,500. Mayor Pro Tem Pfennighausen indicated that she would amend her resolution to include the appropriation of the necessary funds, second concurred. Motion CC-87-47 carries ALL AYES. Riverside/ Councilman Grant indicated he had a suspicion that Council may Highland Water have done a disservice to the Acting City Manager when they Board designated him to represent the proxies as well as the City's shares at the Water Board meeting in the sense that he did not feel Council gave the Acting City Manager adequate advice on how to proceed. Councilman Grant indicated he got the impression that the people in the community were expecting much more from the City's representative at the Water Board than they should have. To what extent they were led to believe that great things would happen if they signed over their proxy he had no idea. He indicated his understanding is that we did not have that many shares. That is not totally the City's fault as you only have the shares people sign over to you. He suggested that, in the future, if we are going to do this type of thing, Council should give more concise direction to our representative as to how to vote on items that are on the agenda, so that our representative is not being sent in unprepared. Councilman Evans indicated that the citizens of Grand Terrace must realize that the City of Grand Terrace cannot control the Riverside/Highland Water Board in making decisions favorable to a residential community. When the City reaches the point where it carries the majority of shares so that we can make an impact and ensure that the Board be impaneled with members that are more favorable to our representation, then we must go out and make an all-out effort prior to the meeting so that everyone knows what the City's position is and we can support or reject it by giving the proxies. Mayor Pro Tem Pfennighausen indicated that two things occurred that may have influenced this situation. One was inaccurate reporting by the newspaper. Two, while a retraction was made, it was printed on page six of the paper in very small print. Therefore, people were not aware that what was reported was inaccurate. Mayor Pro Tem Pfennighausen indicated she spent two days contacting people who had signed over their proxies to her in an effort to get them cleared so that the Acting City Manager could act as representative for the City and for the proxies signed over to the City. She indicated she had cleared all but ten of the proxies. She indicated she understand that some of the citizens are upset that the Acting City Manager left before the meeting was over. She indicated he did what he thought was correct based on the directions he had. The Water Company did their usual change and made those votes ineffective. She thinks that the most important fact that can Council Minutes - 3/26/87 Page 9 be brought out at this time is that, according to the Chairman of the Board, Bill McKeever carried a thousand proxies. The City of Grand Terrace carried a hundred and two proxies. This would indicate that a lot of citizens did not send in their proxies. She estimated that probably two thousand did not submit their proxies. The Water Company belongs to all the citizens, not just to the City. And we all have to get involved. Mayor Matteson indicated that it behooves the City to solicit all the proxies before the next meeting which would give us enough power to offset those held by Mr. McKeever. Mayor Pro Tem Pfennighausen indicated that we have to get more than that to override the grove owners who are on the Board. Traffic on Palm Councilwoman Crawford raised the issue of traffic on Palm. She indicated it is still traveling in excess of 35 mph when Palm is posted at 25 mph. She indicated she had not seen a patrol car on Palm since the last City Council meeting. There is the problem of children on Palm catching the school bus at the corner of Palm and Preston. Every morning and every afternoon there are parents who walk their children to school and are waiting for them in the afternoon. There are no crosswalks on Palm. She suggested that the only place she could see the possibility of breaking up traffic was at the corner of Paradise and Palm. She suggested that perhaps consideration could be given to installing a four-way stop at this location. Mayor Matteson asked if there was a particular time when the excess speed was heavier. Councilwoman Crawford indicated that traffic on Palm is not particularly heavy, but it is excessively fast. Mayor Matteson asked Detective Gilbreth if he would have his officers patrol Palm to ensure that the speed limit is obeyed. Detective Gilbreth indicated he would do so. Mayor Matteson indicated the petition Mayor Pro Tem Pfennighausen mentioned previously was Assemblyman Steve Clute's effort to prevent the construction of tire burning facilities in the Inland Empire. It's for Assembly Bill 514 and Assembly Bill 515 which would create a five-year moratorium on tire burning plants in urban areas. Mayor Matteson advised that the petition was available for signature if any citizen wished to sign it. Girl Scouting At the March 12, 1987 Council meeting, Mayor Pro Tem Pfennighausen asked that a resolution be prepared recognizing the 75th Anniversary of Girl Scouting. She commented on the week-long celebration of the 75th Anniversay of Girl Scouting and read the resolution. Council Minutes - 3/26/87 Page 10 CC-87-48 Motion by Mayor Pro Tem Pfennighausen, second by Councilwoman Crawford, ALL AYES, that a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RECOGNIZING THE 75TH ANNIVERSARY OF GIRL SCOUTING be approved and forwarded to the San Gorgonio Girl Scout Council. Council recessed at 6:28 p.m. Council reconvened at 7:00 p.m. P_U_B_L_IC_ H_E_A_R_IN_G A Public Hearing was held at 7:00 p.m. with regards to a request for approval of a tentative Parcel Map No. 10439 for a period of two (2) years. The City Engineer printed out the location of the proposed tentative Parcel Map and explained that the proposal is to subdivide a single parcel into two parcels. The staff analysis of the proposal is that it would divide a single parcel into two parcels and that all of the utilities are now available to both parcels. City improvements exist along Barton Road frontage. Access to the rear parcel is available by mutual easement agreement between the City and the property owner. Staff recommended that the Planning Commission conduct a public hearing on tentat4iwlsarcel Map No. 10439 to make the findings as follows: (A) The proposed Map is consistent with both the General and Specific Plans. (B) The design or improvements of the proposed Parcel Map is consistent with the Specific and General Plans. (C) The site is specifically suitable for the proposed density of the development. (D) The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantial unavoidable injury to fish or wild life or their habitat. (E) The design of the subdivision or the type of improvements will not cause serious health problems. (F) The design of the subdivision or type of improvements will not conflict with easements required by the public at large for access to or use of property within the proposed subdivision. This proposed tentative Parcel was submitted to the Planning Commission who recommends approval of the tentative Parcel Map No. 10439 to City Council including the findings as outlined in Council Minutes - 3/26/87 Page 11 the Staff Report and subject to the conditions recommended by Staff. There was no public participation in the Public Hearing. Public Hearing adjourned at 7:03 p.m.. CC-87-49 Motion by Mayor Pro Tem Pfennighausen, second by Councilman Evans, ALL AYES, that Council approve tenative Parcel Map No. 10439 for a period of two (2) years. Colton High Diane Covarrubias, A.S.B. Vice President, Colton High School Yellow Jackets Yellow Jackets, was present and advised that the A.S.B. Council is sponsoring a poster contest. They invited a member of the Grand Terrace Council to sit on the judging panel for this contest. Diane indicated that Mayor Pro Tem Pfennighausen had agreed to serve on the judging panel as a representative from the City of Grand Terrace Council. Diane thanked Mayor Pro Tem Pfennighausen for her willingness to participate in this event. Riverside/ Mayor Matteson indicated it is his understanding that there are Highland Water four thousand nine hundred and eighty-eight shares of the Company Riverside/Highland Water Board available. Two thousand one hundred and ninety-four and one quarter shares is the majority. It will be necessary to have two thousand five hundred seventy-five and one-half votes presented by the next meeting in order to have an impact on the meeting. Ed O'Neal Mr. O'Neal outlined, for Council's information, the previous 22608 Minona Dr. submission he had made to Council with regards to the Concerned Citizens of Grand Terrace's offer to solicit proxies to be used at the Riverside/Highland Water Board meeting. Mr. O'Neal indicated that this offer is still available. Meeting adjourned at 7:08 p.m. with the next regular Council meeting to be held on April 9, 1987 at 5:30 p.m. Respectfully submitted: APPROVED: Council Minutes - 3/26/87 Page 12