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04/09/1987CITY OF GRAND TERRACE j J COUNCIL MINUTES REGULAR MEETING - APRIL 09, 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 April 09, 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 ABSENT: Randy Anstine, Community Services Director The meeting was opened with invocation by Reverend William Ritchey, California Baptist College, Riverside, followed by the Pledge of Allegiance, led by Mayor Pro Tem Pfennighausen. ITEMS TO DELETE Mayor Matteson asked if there were any items to be deleted from the agenda. The Acting City Manager stated there were none. CLOSED SESSION Mayor Matteson requested Councils support in adding a closed session to the agenda. The closed session was necessary because of potential litigation. Council gave unanimous approval to adding a closed session to the agenda. SPECIAL Mayor Matteson proclaimed April 5 - 11, 1987 to be National PRESENTATION Library Week and presented the proclamation to Mr. Jim Moore, Librarian. Mayor Matteson stated that Council had approved a proclamation for the Girl Scouts 75th Anniversary. This proclamation was sent to the Girl Scouts by carrier. CONSENT Mayor Matteson asked Councilmembers if they wished to delete CALENDAR any items from the Consent Calendar. Mayor Pro Tem Pfennighausen indicated she wished to delete Item A - Check Register. CC-87-50 Motion by Mayor Pro Tem Pfennighausen, second by Mayor Matteson, ALL AYES, that the following Consent Calendar items be approved: Item B - Ratify April 9, 1987 CRA Action Item C - Waive Full Reading of Ordinance and Resolutions on Agenda. Item D - Approve March 26, 1987 Minutes. Item E - Resolution of Commendation - Seth Armstead (will be presented April 10, 1987) Item F - Accept and Authorize the City Clerk to Record Grant Deed for Barton Road Dedication from Helen K. Stringfield, A.P.N. 277-121-21. Item G - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, AUTHORIZING THE USE OF FACSIMILE SIGNATURES ON CHECKS, DRAFTS OR OTHER ORDERS FOR PAYMENT OF MONEY DRAWN ON CITY ACCOUNT 339-0198. Item H - Approve Settlement of Liability Claim with Mrs. Richard Ippolito in the amount of $370.20. Item I - Approve and Authorize Execution and Recordation of Final Tract Map No. 13050 - Phases 1-4; Accept Performance Bonds and Labor and Material Bonds for: Street and Storm Drain; Sewer; Water; Landscaping; and Cash Deposit for Monumentation. Item J - Approve and Authorize Execution and Recordation of Final Tract Map No. 12966; Accept Performance Bonds and Labor and Material Bonds for: Street and Storm Drain; Sewer; Water; Grading; Landscaping; and Cash Deposit for Monumenation. Check Register Mayor Pro Tem Pfennighausen asked the Acting City Manager for an explanation of Voucher Number P4995 - Dental Insurance. The Acting City Manager explained that the cafeteria benefit plan allows employees to choose the benefits they desire. Voucher Number P4995 represents the premium for the employees who choose to join the dental plan. He estimated that fifty percent of City employees are participating in the dental plan. CC-87-51 Motion by Mayor Pro Tem Pfennighausen, second by Councilwoman Crawford, ALL AYES, to approve Check Register No. 040987 PUBLIC PARTICIPATION Sharon Korgan Ms. Korgan indicated she attended a training session two weeks ago. At this session, it was clearly stated there will be no third year funding for the Crime Prevention Program. Accordingly, this program will end in June, 1987. It will be Council Minutes - 4/09/87 Page 2 J. up to Council to decide, at that point, what will be done. Ms. Korgan indicated the Grant Report Council has before them is considerably different from the quarterly reports previously presented as the State is requiring a new format. Ms. Korgan commented briefly on the programs the Crime Prevention Committee has been working on. COUNCIL REPORT Tire Burning Councilman Grant indicated he had received a letter from the Plant City Manager of the City of Beaumont. He read the following excerpt from the letter: "Please be advised the City Council of the City of Beaumont denied the request for assistance and the financial expense of fighting the tire burning facility." This was provided for Council's information. Mr. Arkebauer Councilman Grant indicated he would like to recommend that Council authorize the painting of the curb in front of Mr. Arkebauer's house to indicate one hour parking. He made this suggestion as the "no parking" sign Council authorized in front of Mr. Arkebauer's house is continually being vandalized. Councilman Grant felt that council must uphold the laws of the City and, if the signs do not work, further action must be taken. Mayor Pro Tem Pfennighausen indicated she received a call the other day from Mr. Arkebauer, as all Councilmembers probably had. Mr. Arkebauer indicated the "no parking" signs are not that important because he really doesn't care whether people park in front of his house as long as they don't destroy his property. Mayor Pro Tem Pfennighausen indicated it is sad that the people harrassing Mr. Arkebauer can't take a minute to see what they are doing. Mayor Matteson indicated he concurred with Mayor Pro Tem Pfennighausen. However, he felt that if Council paints the curb as suggested a precedent will be set. Councilman Grant stated Council has already set a precedent by installing the sign in front of Mr. Arkebauer's house. He has not seen a flood of people requesting similar signs in front of their houses. Councilwoman Crawford indicated she could not see any difference between installing a "no parking" sign and painting the curb. Mayor Matteson agreed and indicated he did not agree with the signs either. Council Minutes - 4/09/87 Page 3 Councilman Grant asked the City Attorney whether a motion could be made in this regard as the matter was not on the agenda. The City Attorney stated Council could not take any action at this meeting and if they authorized the Acting City Manager to paint the curb this would be considered taking action. The Acting City Manager advised that, in coordination with the City's street striping program, the curb will be painted green with an overlay for one hour parking only, unless Council directs otherwise. The curb should be painted before the next Council meeting. Tool Warehouse Councilman Grant asked what building is being constructed slightly to the west, slightly to the south of the skating rink. The Acting City Manager indicated that it is a tool warehouse type of business. San Bernardino Councilman Grant advised he had attended the April 4 meeting of Assoc. Gov't San Bernardino Associated Government County Transportation County Transp. Commission as a representative of the City. Commission Joint Powers Councilman Grant advised that the Joint Powers Committee's last Committee meeting was scheduled for March 25, 1987. As the City's representative, he received the agenda several days after the meeting was held. Local Agency Councilman Grant stated he had attended the March 18, 1987 Formation meeting of the Local Agency Formation Commission. The Committee Committee is now beginning to look at the cooperation proposals for Highland, Twentynine Palms, Mentone, Yucaipa and other municipalities. Streets Councilwoman Crawford indicated her appreciation of the condition of the streets in the City. Riverside/ Councilwoman Crawford stated she had received a letter from the Highland Water President of the Riverside/Highland Water Company concerning Company the meeting that the President, Mr. Stover, and she had on March 31, 1987. She read part of this letter for Council's information. Councilwoman Crawford indicated the water issue was thrust upon her during the weeks preceding the election because of the recent rate increase which was a concern of the people with whom she talked. She believed there is proverbial ill will from our efforts a few years back to improve our collection of deliquent accounts. She suggested the Water Company be more communicative with the domestic users and recommended two vehicles for written communication: (1) the Grand Terrace Chamber of Commerce monthly newsletter, and (2) including a newsletter with the City invoices. Council Minutes - 4/09/87 Page 4 Stop Signs and Mayor Pro Tem Pfennighausen indicated she would like to Crosswalks compliment Staff on the speed with which they got stop signs and crosswalks in on Mt. Vernon. She noted about a hundred people have indicated they appreciate the fact they can now access Mt. Vernon during peak traffic time. -J Paraplegic Mayor Pro Tem Pfennighausen stated she had received a very Citizen distressing telephone call from a lady who is a paraplegic resident in our community. This lady needs somebody from 8:00 a.m. to 1:00 p.m. five days a week for companionship and assistance. There is an organization in San Bernardino that sent some people out to help her and, because she is paralyzed, they did some pretty terrible things to her and her home. If anyone is interested in helping this lady, Mayor Pro Tem Pfennighausen indicated she would be pleased to put them in touch with the lady. Emergency Mayor Pro Tem Pfennighausen indicated she was distressed when Operations she read the Emergency Operations Committee meeting minutes of Committee 18 February 1987. She indicated that in September or October, a draft of Grand Terrace Emergency Operations Committee plan was distributed to the members of the Council for review and comment. As of February 18, 1987, only two members of Council had responded. She felt it is extremely important that every member of Council read the plan and give input to the Committee. As this is the plan that will run the city in the case of an emergency, Council has a legal and moral responsibility to understand it and to ensure it will work. Foothill Mayor Matteson announced officially that the City of Grand Journal Terrace along with the City of Loma Linda now have their own local newspaper. The Foothill Journal started publication last week. It will be a weekly newspaper distributed to every resident of this city. They are going to concentrate on local items that most of the major papers will not publish. If any clubs or organizations have information they would like to have distributed, contact the Foothill Journal. They will be locating their office in the City of Grand Terrace just east of City Hall. COMMITTEE REPORTS Crime Prevention Mr. Ralph Buchwalter, Chairman of the Crime Prevention Committee Committee, indicated he was pleased to give Council an update of the progress of the Crime Prevention Committee. The Committee has held regular meetings with nearly 100 percent attendance. He was sorry to advise Mr. Bruce Foytik resigned due to other commitments. The Committee has been very active. Mr. Buchwalter noted the principal project is the upcoming Safety Fair and Bicycle Registration. The Committee has stepped up their efforts in Crime Busters and they are making Council Minutes - 4/09/87 Page 5 an affort to increase activity in the Neighborhood Watch Program. He indicated he is confident the Committee will fulfill the full terms of the grant by having twenty-five Neighborhood Watch Programs going by the end of the term. The Committee has some activities going on now with rural members of the community through committee activities in crime prevention and burglary prevention. 0 Mr. Buckwalter indicated the Crime Prevention Committee understands the grant for the Crime Prevention Officer and the Crime Prevention Committee will not be continued next year. The Committee prepared a letter for City Council which he distributed. Committee requested the City strongly consider picking up the cost of the Crime Prevention Officer and the expenses of the Crime Prevention Committee for next year. The reasons for this request were outlined. CHAMBER OF Debbie Harber, representing the Chamber of Commerce, indicated COMMERCE their Economic Development Committee is currently working along with Westar to get something on the road there, probably with a survey to see what the community would like. Special Events - The Committee would like to invite Council to attend their auction which is being held May 1, 1987 in the San Bernardino Hilton. The Chamber of Commerce is also working with Ms. Korgan on the Safety Fair, April 25, 1987. At the Chambers luncheon April 17, 1987 an investigator from the D A's Office will be the speaker. On April 15 there will be a joint Mixer with the Colton Chamber of Commerce at All World Travel. The Chamber is also involved with the Business Lunch meeting the Crime Prevention Committee is sponsoring. Terrace Days will be held Sunday, October 4, 1987 at Gage Park. The Chamber invited Council and Staff to attend and challenged them to a baseball grudge match. They also invited the Mayor to volunteer to serve in the dunk tank event. The Installation Dinner will be held at Shandin Hills Golf Club, October 24, 1987. Ways and Means - The "Where's the Beef Contest" sponsored by the Chamber and held at Terrace Travel was a great success. Legislation - Three Chamber representatives are in Sacramento. They have been participating in a three-day conference which included a day at the Capitol and lunch with the legislature. They will have a great report once they get back. Youth and Education - The Committee has a new Chairperson, Marsha James. They feel she will do an excellent job in this position. She will be putting together a special program for the June luncheon. Council Minutes - 4/09/87 Page 6 Tony Petta Mr. Petta indicated he wanted to thank Council for appointing 11875 Eaton Dr. him to serve on the Wilderness Park Committee. He provided some background information on this committee indicating Grand Terrace has a natural resource very few other cities can boast of, namely Blue Mountain. It is important that this mountain be preserved for the benefit of all the people, now and in the future. He further indicated the mountain could only be preserved if it became public property. He outlined the Committee's intentions regarding the development of Blue Mountain as a Wilderness Park. Ed O'Neal Mr. O'Neal spoke in reference to Mayor Pro Tem Pfennighausen's 22608 Minona Dr. remarks about some senior companion program out of San Bernardino. He advised he sat on the Advisory Board of the Senior Companion Program in San Bernardino and this Board's mission is to ensure handicapped individuals can remain in their homes. Some of their members act as companions and may be in the homes for several hours. If there is somebody out there not doing the job and causing a problem, let us know so the problem can be corrected. Betty Lewiston is manager of the program with whom Mr. O'Neal works. She is an employee of the City of San Bernardino and works out of the Senior Center at 600 W. 5th Avenue. Mayor Pro Tem Pfennighausen indicated she would be glad to identify the organization for Mr. O'Neal after the meeting. However, she did not believe it was a County organization. NEW BUSINESS Sewer Lien A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, Policy CA, RESCINDING RESOLUTION NO. 83-62 AND ESTABLISHING A POLICY FOR PLACING LIENS ON THE REAL PROPERTY SERVED FOR DELINQUENT AMOUNTS, CHARGES AND LIEN REGISTRATION CHARGES. The City Attorney indicated this resolution establishes a policy for placing liens on real property delinquent sewer charges. The policy replaces the present procedure. The Acting City Manager stated that, in the past when there were deliquent sewer accounts, staff brought a report before Council requesting authority to place a lien on the property. The proposed policy would allow staff to automatically place a lien on property with a deliquent bill of six months. The lien would include the outstanding charges, penalities and a fifty percent lien registration charge. The unpaid amount will automatically be added to the tax roll. Mayor Pro Tem Pfennighausen indicated there are some corrections to be made in the proposed policy. The policy makes reference to Ordinance 100 which is incorrect. It should be Ordinance 101. The Acting City Manager indicated that is correct. Council Minutes - 4/09/87 Page 7 CC-87-52 Motion by Councilman Grant, second by Councilwoman Crawford, ALL AYES, that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 83-62 AND ESTABLISHING A POLICY FOR PLACING LIENS ON THE REAL PROPERTY SERVED FOR DELINQUENT AMOUNTS, CHARGES AND LIEN REGISTRATION CHARGES, BE APPROVED. Travel Policy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 80-51 AND ESTABLISHING A POLICY FOR THE REIMBURSEMENT OF CITY REPRESENTATIVES FOR TRAVEL EXPENSES. The Acting City Manager indicated this policy was prepared by the City Clerk, Loretta Thompson. Basically, it brings our travel policy up-to-date. The present travel policy was established in 1980 and set maximum expenditures that do not relate to present practices. Presently, we allow actual cost customary to the area in which any of our staff or Council travel. The proposed policy provides for actual and customary expenditures with a maximum expenditure for meals. Travel by private or chartered aircraft was eliminated. The maximum amount for accommodation was deleted with provisions being made for reasonable and customary expenditure for the area. Current policy is that all staff travel out of the southern five counties is approved by the Council. It is being suggested that Councilmembers travel out of these five counties also be approved by council. In this way all Councilmembers will be aware of the travel being done by other Councilmembers. This would be a courtesy as all Councilmembers share a common travel budget. 0, Councilman Grant indicated this is good piece of amended legislation prepared by the City Clerk. He suggested it brings the present policy to a more realistic arena and appreciates the City Clerk's suggestion that perhaps City Council might want to consider approval by the full Council for journeys by Councilmembers outside these specified counties. This is very important as we are asking ourselves to be accountable for the way we spend money. CC-87-53 Moved by Councilman Grant, second by Mayor pro Tem Pfennighausen, ALL AYES, THAT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 80-51 AND ESTABLISHING A POLICY FOR THE REIMBURSEMENT OF CITY REPRESENTATIVES FOR TRAVEL EXPENSES BE APPROVED. Before the vote was read by the City Clerk, Mr. Petta asked to speak to Council. Mayor Matteson denied the request as the vote had been called. Councilman Grant questioned the City Attorney as to whether the Chair has the authority to prohibit public participation on motions that have been made and second. 11, Council Minutes - 4/09/87 Page 8 The City Attorney indicated he did, although, at sometime during the meeting, the public must be given an opportunity to speak to the motion in question. Councilman Grant asked if the h Brown Act prohibits him from making a motion, at this time, to allow a member of the public to speak to the issue just voted on? The City Attorney indicated it did not. CC-87-54 Motion by Councilman Grant, second by Councilwoman Crawford, and carried with Mayor Matteson voting NOE, that the Chair permits those in the audience who wish to speak regarding the subject just discussed and voted on to do so. J Mr. Tony Petta commented on the need for open public meetings which allow public participation in public policy. Mr. Petta continued by pointing out he was a member of this Council when the policy was established whereby city representatives, specifically City Councilmembers, are not reimbursed for local expenses. Councilmembers receive three hundred dollars per month. This is to pay for incidental expenses that Councilmembers incur. Councilmembers are volunteering their time for no pay. The City does pay for expenses whenever the Councilmembers go on conferences out of town and that's proper. MagLev The matter of the proposed superspeed train between Las Vegas and Ontario was introduced by Mayor Matteson. The Acting City Manager indicated there were representatives here to give a brief presentation. Ms. Richann Johnson, from the Department of Economic and Urban Development, Las Vegas, Nevada, provided background on the superspeed project. Ms. Johnson outlined the involvement, finanancial and otherwise, of the Federal Government, the State of Nevada, the City of Las Vegas as well as the State of California and the County of San Bernardino. She commented on the various stages of this project reviewing the various studies undertaken and the decision to proceed with the project. She also mentioned the legislation being prepared by Nevada and California to establish a bi-state commission to implement the project. The County of San Bernardino will have representatives on this bi-state commission as the superspeed train will travel through the County. The exact number of representatives is unknown at this time. A video was shown promoting magnetic levitation. Following the video, Ms. Johnson noted the train is being tested at 220 miles per hour and they plan to test it at 230 miles per hour. In 1984 money, the trip to Southern California from Las Vegas is estimated at $65.00 Mayor Pro Tem Pfennighausen asked if this fare is one way or round trip. Ms. Johnson indicated the fare was round trip. Ms. Johnson commented further on the bi-state commission indicating the commission's job will be to decide on the route, to obtain all permits and rights -of -ways needed, to conduct Council Minutes - 4/09/87 Page 9 engineering and other studies. They will also, if the commission decides to proceed after they do all their studies and answer all the questions that need to be answered, select the franchisee to build and operate the superspeed train. Ms. Johnson indicated transportation, in the future, is going to be a problem for this area and it certainly will be a problem for Las Vegas. This presentation was made to inform Council so they can make the best possible decision for their area. Ms. Johnson indicated she would be pleased to answer questions. Mayor Matteson asked, with regards to the bi-state commission, if SANBAG had received the number of members on the commission that they wished. Ms. Johnson stated she was not sure. Mayor Matteson asked if the County will back the project at this point. Ms. Johnson indicated she was not sure. Councilman Grant indicated he was responsible for this matter being put on the agenda. Normally, Council gives him the latitude to speak on behalf of the City on the committees he is a member. From time to time, he feels it is necessary to come back to Council to get input before making his position clear. He is much impressed by the position taken by SANBAG on the composition of the bi-state commission as it relates to the County of San Bernardino. The legislation Assemblyman Eaves co-authored clearly indicated two representatives, at least, from this area. While there is an inevitability about this project, there is mixed feelings about what it will or will not do for Southern California. Though the slide presentation indicated the benefits would go both ways, he suspected they will be directed a little bit more in the other direction. Councilman Grant felt this was pointed out by Mr. Thompson in his report. Councilman Grant indicated he was of the opinion this is the beginning of something that will revolutionize transportation in this Country. He did not want San Bernardino County left out in the cold. In answer to Mayor Matteson's question as to whether or not legislation has been amended at this point, he did not know. He indicated that the Board of Supervisors will probably reject the whole project if this county does not get their fair share of representation and he agrees with that. Councilman Grant feels SANBAG wants each city to consider and provide some comments, either for or against, on the project. He, personally, favored this project but has lingering doubts. Notwithstanding these doubts, he was convinced that the project would be good for Southern California. It is going to do something for the transportation system of this country which, presently, is not all that good. It is an interesting statement of our times that the three potential vendors are not from the United States. Mayor Pro Tem Pfennighausen indicated that, if the superspeed train was on the ground and not up in the air, she probably would get real excited about it. She indicated she agrees with Councilman Grant that it certainly represents a technology Council Minutes - 4/09/87 Page 10 J that's coming. She indicated she would like to have time to find out more about the project, but she thinks it looks like a good thing. If the concerns of our supervisors can be satisified and if the composition of the Board is something we can be supportive of, the project will probably run. Mayor Matteson stated that he thinks everyone is pretty much interested in the project. As the route is basically in San Bernardino County, he thinks they are right in demanding representation on the bi-state commission. Outside of that, he felt everyone is very much in favor. Leadership Team This matter was presented to determine Council participation in Workshop the League of California Cities Leadership Team Workshop in Lake Arrowhead, November 18-20, 1987 and to ensure necessary funds for attendance at the workshop be included in the 1987-88 Fiscal Year Budget. The Acting City Manager indicated this particular workshop may be of benefit as we have had a change in administration as well as a new Councilmember. The League of California Cities indicates this particular workshop fills up quickly. He wanted to get an indication from Council who is planning to attend so the reservations could be made and funds included in the budget for the workshop. Mayor Pro Tem Pfennighausen indicated that she believes that, while there was some question of the value of the last Leadership Conference attended, the participants get as much as they put into such a workshop. She indicated she would like to see all members of Council attend this workshop although three people must attend - the City manager and two Councilmembers. Councilman Grant indicated that he had attended a previous Leadership Team Workshop. He indicated he didn't feel it had worked. In his mind, the question is will the experience be worth two thousand three hundred and seventy-five dollars even if Mr. Schwab doesn't go. He assumed that, as the Acting City Manager, Mr. Schwab would benefit from it. Councilwoman Crawford stated she believes the City can only benefit from a smooth working City Council and welcomed the opportunity to go to the conference and hoped that the full Council and the Acting City Manager would attend. Mayor Matteson asked Councilmembers if they plan to attend. Councilman Evans and Councilman Grant indicated they tentatively planned to attend. Mayor Pro Tem Pfennighausen, Councilwoman Crawford and Mayor Matteson indicated they planned to attend. Council Minutes - 4/09/87 Page 11 CC-87-55 Motion by Mayor Pro Tem Pfennighausen, second by Councilwoman Crawford, ALL AYES, that Council participate in the League of California Cities Leadership Team Workshop in Lake Arrowhead November 18 - 20, 1987. CC-87-56 Motion by Councilwoman Crawford, second by Mayor Pro Tem Pfennighausen, ALL AYES, that the necessary funds for attendance at this workshop be included in the 1987-88 Fiscal Year Budget. Mayor Pro Tem Pfennighausen indicated, for information purposes, that programs for this workshop includes a survey inventory to get a personal insight into the makeup of the Council and different sessions which include understanding influence; understanding flexibility; using influence through negotiation; achieving agreements without giving in and norms for team building among policy makers. PUBLIC HEARING Mayor Matteson indicated he had requested that the issue of -------------- holding hearings regarding the General Plan update be placed on the agenda for discussion and a policy established. Mayor Matteson stated the reason he brought this up was that we are currently updating the General Plan. Recently, there have been meetings held on this matter, some of which have been in violation of the Brown Act. He has received several inquiries from residents wondering why they weren't invited and others wondering why there was no notification of the meeting. To ensure we are all working in the same direction, he wanted this placed on the agenda so a policy can be established on how we are going to handle this situation. He opened the matter for Council's discussion. Councilman Grant read a statement which included the following comments. He expressed his concern about the issue of openness as well as integrity and legality of the action of some Councilmembers. Two members of our Council, Councilman Evans and Mayor Pro Tem Pfennighausen, it seems, scheduled a meeting last Thursday, April 2, 1987 with our new General Plan Consultant, Willdan Associates. Although this meeting had been announced in the Acting City Manager's March 26 monthly Status Report, it was never scheduled through the City Council. The reported purpose of this meeting was to obtain "input concerning this portion of the City for the General Plan update" from affected citizens. It seems that the meeting really was intended, and he thinks it probably turn out to be, a method whereby the consultant could be convinced that the whole Council was in agreement about the future of the southwest portion of this City. In his opinion, this is not the case. He believed Councilman Evans and Mayor Pro Tem Pfennighausen are aware there is no concensus concerning this area. As the Consultant made this trip to Grand Terrace, Council Minutes - 4/09/87 Page 12 the City may now have an obligation to pay the Consultant. Councilman Grant's concerns are: (1) individual Council people incurring cost without the consent or notification of the full Council. (2) individual Councilmembers instructing City Staff to spend their time and accompany these particular Councilmembers to personal meetings. We have individual - Councilmembers, in his opinion, coming very dangerously close to, if not actually exceeding, the parameters of the Ralph M. Brown Act, dealing with scheduling public meetings without proper public notice. We need to formulate a legal code of ethics, enforceable by statute of this City Council and punishable by this Council. Some method must be established to ensure the citizens right to full openness, integrity and legality by all members of this and future Grand Terrace City Councils. A few years ago, members of this Council made a big hurrah about people exceeding the parameter of the rights as members of this City Council. It's happening again and, ironically, it's the very people who made the accusation over the last four years. (3) any expenses inccurred for the Consultant to attend this meeting should be borne by those Councilmembers. Councilwoman Crawford stated she attended this meeting out of curiosity. She concurred with everything that Councilman Grant said with only one minor exception. She, personally, made it perfectly clear to the Consultant that not all Council were in concurrence with the views that were being presented at this meeting. Mayor Pro Tem Pfennighausen indicated the meeting last Thursday night, which was announced to the entire Council and discussed briefly at this Council table, was with a group of people who had met previously to talk over plans for this area. Those attending were major property holders in the area between Michigan and the freeway in the area of Van Buren and Pico. That initial meeting was held in her living room. With the growing interest in what was going on regarding the General Plan update, more property owners wished to be involved. Her home was not big enough to accommodate the number of people that were expressing an interest in attending the meeting. Therefore, she asked if the meeting could be held in the Conference Room or one of the Community Rooms. This request was approved. Mayor Pro Tem Pfennighausen indicated neither Councilman Evans nor she ordered any staff member to attend. She had asked the Acting City Manager if he would ask the Consultants if they could come out and at least listen to what the people had to say. She doesn't know how this could be misunderstood, as she is not making any money off of this and that was the major complaint before. The Consultants, we were under the impression, are under contract. The way the last General Plan update was prepared the Consultants came in; met behind closed doors with a group of people; wrote a report; PageuC13 Minutes - 4/09/87 1 held a public hearing and came back with exactly what was formulated originally for a large portion of the property. In her opinion, a lot of time and energy could be saved if the Consultants know what the people can live with before they formulate their ideas. Southern California Edison and Harber were represented at this meeting. Councilwoman Crawford did come to the meeting. At that point a quorum was established and the meeting was in violation of the Brown Act. However, it has been the policy that, when a Councilmember makes a quorum at an informal meeting, it's courtesy for that Councilmember to leave. She appreciated Councilwoman Crawford attending and her input. At no time was it suggested that the entire Council concurred with the issues being discussed. Not everyone in the whole area was invited because the public hearing would be coming up and everybody could attend that hearing. Mayor Pro Tem Pfennighausen indicated she was not making any apology and she would not pay the Consultants fee, split or otherwise. The money in question belongs to the taxpayers who met with their Consultants. Mayor Matteson indicated there were two comments he wanted to make with regards to Mayor Pro Tem Pfennighausens statement. One, it is the taxpayers' money, but Council is the keeper of the money and it's the majority of the Council that spends it, not two members. Two, the meeting was a violation of the Brown Act and should have been stopped. However, he sees no problem in having informal meetings, getting the public's input and educating the people on what the city is planning. Mayor Matteson reiterated the reason this was brought up was to establish a policy so that we can proceed in a positive direction. 0 Mr. Tony Petta indicated sometime ago correspondence was sent to property owners from the Planning Director mentioning the upcoming amendment of the General Plan and requesting input from the property owners. The said input was to be given to the Consultant and then a public hearing would be held. He expressed his surprise that informal meetings with select individuals were held. He indicated that, in his opinion, Councilmembers were clearly aware of the Brown Act. The purpose of the Brown Act is to ensure the democratic process is not circumvented. It appears that this has occurred. He indicated some action should be taken and questioned what the City Attorney intended to do about this situation. The City Attorney stated he advised all parties concerned that the meeting was in violation of the Ralph M. Brown Act. All parties involved have agreed no further meeting of this kind will be held. He further indicated each elected official has the right to go to his/her constituents to gather information. He feels this is what Mayor Pro Tem Pfennighausen and Councilman Evans intended to do. The presence of another L11 Council Minutes - 4/09/87 Page 14 Councilmember turned the meeting into an unadvertised public hearing. It was agreed this would not happen again. His recommendation is that meetings not be conducted in such a F fashion in the future. Mr. Petta questioned whether the City Attorney was aware of all the facts. The Consultant was called into this meeting to hear select property owners' ideas for the zoning and development of certain properties. The same opportunity was not given to all property owners in the area. This, in his opinion, circumvents the democratic process. He again asked what the City Attorney was going to do about the situation. The City Attorney stated he agreed with Mr. Petta's comments and the concepts of the Ralph M. Brown Act. However, it is not unusual for elected officials to go out to small segments of the community they serve to get their ideas. There's no harm in doing this. Individual Councilmembers do not have the authority to expend City monies. In arranging for the Consultant to appear, the Councilmembers went through the Acting City Manager who does have the authority to make these arrangements. The reason this item is being discussed this evening is to see that it does not reoccur. Mr. Tony Petta indicated that, in his opinion, it is very apparent this meeting was called to influence the Consultant. He asked if this type of meeting would make the Consultant somewhat impotent and consequently unable to properly complete r' the contract. 1 Debbie Harber Ms. Harber stated that those meetings were held to allow people in that area to express their ideas on how they would like the area developed. The participants at the meeting felt they were providing a valuable service in that they were making their thoughts known before the Consultant prepared their report. They had no intention of trying to influence the Consultant. It was made clear that the ideas expressed were their own. Mr. Petta agreed with the intent of the meeting, but stated their ideas should have been made known in a legally constituted public hearing. Ms. Harber said she felt the property owners ideas could be better expressed in a smaller meeting than in larger public hearings. Mayor Matteson indicated he agreed that Mayor Pro Tem Pfennighausen and Councilman Evans had the right to meet with their constituents to get their views. The problem here is the violation of the Brown Act with three Councilmembers at the meeting. Now that it has been clarified that the Acting City Manager directed the Consultant to come out, that takes care of the spending problem. Council Minutes - 4/09/87 Page 15 The City Attorney stated he saw the value of small meeting. However, there will be ample opportunity during the General Plan update procedure for everyone to have their input. Mr. Petta agreed that public input must be acquired in a series of public meetings. Arranging these meetings is the responsibility of the Consultant, not individual Councilmembers who may be trying to influence the Consultant. Mayor Pro Tem Pfennighausen denied attempting to influence the Consultant. The City Attorney indicated that he hoped the Consultant has not been influenced due to the information presented at this informal meeting. Councilman Grant indicated that he thinks the Chair should recognize anyone in the audience who may wish to speak regarding this. Mayor Matteson asked if anyone in the audience would like to speak on this. Shirley Hogue Ms. Hogue stated that she has never been asked to any of these 21935 Van Buren meetings and doesn't see the purpose of them unless everybody is invited to them. Mayor Matteson reiterated this issue was presented so that a policy could be established. One item he would like included in the policy is that no public monies be expended without the approval of a majority of Council. As each one is aware of the - Ralph M. Brown Act, he feels this was an honest mistake. Councilman Grant expressed his support of Mayor Matteson's comments regarding establishing a policy on meetings organized by or on behalf of Councilmembers. He firmly supports the concept of Council controlling themselves. He suggested Councilmembers be given some time to think about this matter and bring in some recommendations for discussion. Councilman Evans indicated it has been suggested several times this is costing the citizens money. The money has already been spent. This Council unanimously hired the counsultant for an amount not to exceed $31,403. He mentioned that the 1983 General Plan update was, in his opinion, formulated behind closed doors. What they tried to do was get public input as to how the citizens want their city developed. Because it is difficult to identify everyone who may be interested, it was decided to invite key people who would take the information back to their neighbors. We were giving them an opportuntity to provide input into the planning process. The purpose of the meeting was to share ideas, not to make decisions. Mayor Pro Tem Pfennighausen stated, in summary, all Councilmembers are responsible to the public that elect them. Public input was all they were seeking at this informal Council Minutes - 4/09/87 Page 16 ill J Recess Closed Session meeting, not to influence anybody. If anyone can show how she and Councilman Evans would personally benefit, financially or otherwise, then she would submit an apology for what was done. At this point, she makes no apology for what was done, as all they did was try to facilitate a better General Plan update. Mayor Matteson asked The Acting City Manager to prepare a draft policy on Council/Consultant relations for Council consideration at the next Council meeting. The Acting City Manager advised he had received one request from an individual property owner asking to meet with himself and the Planning Consultant to discuss the General Plan. He asked how far Council wants staff to handle such requests. He didn't want to preclude a citizen from coming in to talk to him or the contract staff. It would be helpful if Council would provide guidelines to staff on how to deal with this type of request. Councilman Grant suggested that, in his opinion, the Acting City Manager should meet with citizens to discuss the General Plan update and determine whether their comments should be passed on to the Consultant. Since the General Plan update is such a sensitive issue, it should be kept out of the political arena as much as possible. Council recessed at 8:00 p.m. and reconvened at 8:10 p.m. Council went into closed session at 8:10 p.m. with Councilmembers, the Acting City Manager, the City Attorney, the City Engineer in attendance. Council reconvened at 8:30 p.m. The City Attorney stated Council met in closed session to discuss an ongoing matter of litigation. They heard a report from the City Attorney, the City Manager and the City Engineer. No decisions were made. Council meeting adjourned at 8:35 p.m. with the next regular Council meeting to be held on April 23, 1987 at 5:30 p.m. Council Minutes - 4/09/87 Page 17 Respectfully submitted: /� �•. ►IN