Loading...
05/14/1987CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MAY 14, 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 May 14, 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, City Manager/Finance Director (6:15 p.m.) Randy Anstine, Assistant City Manager/Community Service Director Loretta Thompson, City Clerk Joe Kicak, City Engineer Ivan Hopkins, City Attorney David Sawyer, Planning Director Barbara Michowski, Accountant/Finance Office Manager ABSENT: NONE The meeting was opened with invocation by Pastor Dave Jacobs, Oasis Christian ,`� Fellowship Church, followed by the Pledge of Allegiance, led by Conci 1 woman Crawford. ITEMS TO DELETE Mayor Matteson asked if there were any items to be deleted from the agenda. The Assistant City Manager advised there were no items to be deleted from the agenda. SPECIAL PRESENTATIONS David Sawyer The Assistant City Manager introduced David Sawyer, City Planner. Michael J. Luna Mayor Matteson presented Michael J. Luna with a 5-year Service Award. Joseph Kicak Mayor Matteson presented a Resolution of Commendation to Joseph Kicak in recognition of his service as Planning Director for the City of Grand Terrace. Better Speech & Mayor Matteson proclaimed May, 1987 "Better Speech & Hearing Hearing Month Month". CONSENT Mayor Matteson asked if anyone wished to delete any items from CALENDAR the Consent Calendar. Councilman Grant indicated he would like to delete Item A - Check Register No. 051487. Mayor Pro Tem Pfennighausen indicated she wished to delete Items E - Approve and Authorize Execution and Recordation of Lien Agreement for Improvements along 21800 Barton Road, and Item H - Approve Allocation of an Additional $8,000.00 for Completion of FY 86/87 Architectural Barrier Removal Project from the Unappropriated Fund Balance of 11-902-255 Street Fund. Councilman Evans indicated he would like to remove Item J - Approve Proposed Landscape Plan on Gage Canal Right -of -Way east of Canal between Barton Road and the Northerly Property Line of Gage Canal. CC-87-61 Motion by Mayor Pro Tem Pfennighausen, second by Councilman Evans, ALL AYES, that the following Consent Calendar items be approved. B. Ratify May 14, 1987 CRA Action. C. Waive Full Reading of Ordinances and Resolutions on Agenda. D. Approve April 23, 1987 Minutes. F. Accept and Authorize City Clerk to Record Grant Deed for Widening of Reed Avenue from Barton 88 Investment Associates. G. Approve and Authorize Mayor to Execute Agreements - Street and Storm Drain and Landscape for Improvements along the Frontage of 22325 Barton Road - Senior Citizen Complex. I. Approve Transfer of an Additional $12,000 from the Unappropriated Fund Balance of the Transportation Development Act Fund for Street Improvements. Check Register Councilman Grant questioned Item No. P6065 asking if this was expenditures for meetings between the Mayor and the City Manager. He was advised that it was. For the record, Councilman Grant stated previous Mayors for the City of Grand Terrace did not meet outside of City Hall to discuss City business. Although recognizing these meetings may be a convenience to the Mayor because of the location of his business, Councilman Grant indicated he felt it is an unnecessary expense. Mayor Pro Tem Pfennighausen expressed her concern regarding this matter saying she felt that, while the individual costs were relatively small, the business of Grand Terrace should be conducted in City Hall. Council Minutes - 5/ 14/ 87 Page 2 Councilman Evans concurred with the concerns expressed regarding these expenditures suggesting they should be eliminated. CC-87-62 Motion by Councilman Grant, second by Mayor Pro Tem Pfennighausen, ALL AYES, to approve Check Register No. 051487 Item E Mayor Pro Tem Pfennighausen asked for clarification of staff's report, particularly with regards to the hazards that would be created by the ultimate improvements along the frontage of this property. The City Engineer indicated that the property is located on the north side of Barton Road easterly of the Southern Pacific Railroad near the industrial business park. The installation of those improvements can only be done along a very short frontage. At the time this was discussed there was some discussion that indicated the bridge may be replaced and, at that time, it was felt a five-year period would probably be adequate to allow the owner to install the improvements. The hazards that would be created are primarily with regard to the severe grade and the narrow street. Mayor Pro Tem Pfennighausen asked whether these improvements would have to be installed at the City's expense if they were not done within the five years. The City Engineer advised that, yes if the improvements were not installed within five years, the City would have to pay for them. Councilman Evans asked if there would be adequate frontage to install the improvements assuming the bridge is replaced in the future. The City Engineer advised there would be no problem with installing the improvements in front of the business park as there is adequate dedication. To the west of the business park, before you get to the bridge, there is a parcel of approximately 100 x 100 owned by Southern Pacific Railroad and that is the property where the City will probably have to pay for the improvements. Councilman Evans summarized by stating that if the bridge is replaced within five years, the owner of the property will bear the cost of the improvements and if it is not replaced within the five-year period, the City will bear the cost of the improvement. The City Engineer indicated that was correct. Councilman Evans asked what the projection was for that bridge. The City Engineer advised that one half of the bridge is in the City of Colton so the replacement of the bridge will have to be a joint project. Because the City of Colton did not want to spend their HCD money on this project, the City Council of Grand Terrace directed that the project not proceed. Councilman Evans asked if the City Engineer had some indications as to when the bridge would be replaced. The City Council Minutes - 5/ 14/87 Page 3 Engineer indicated he could not say when the bridge would be replaced. However, he did indicate that if the one half cent sales tax does go into effect the City of Grand Terrace will be eligible for seven hundred thousand plus dollars over the next five years and that type of project could be financed through these funds. Councilman Evans questioned the condition of the bridge. The City Engineer indicated that, periodically, the State Bridge Engineer inspects and reevaluates the bridges in the State. There is a report on file from the State indicating this bridge needs maintenance. It is not structurally unsound. Councilman Evans suggested that if the bridge was replaced it would be because of increased traffic along the arterial. The City Engineer agreed. CC-87-63 Motion by Mayor Pro Tem Pfennighausen, second by Mayor Matteson, ALL AYES, that Council approve and authorize execution and recordation of Lien Agreement for improvements along 21800 Barton Road. Item H Mayor Pro Tem Pfennighausen indicated she had requested this item be deleted from the Consent Calendar in order to commend a staff member who managed to resolve a very delicate situation that occured as the result of the action of one of the subcontractors for the City relating to the removal of trees damaging sidewalks. Mayor Pro Tem Pfennighausen suggested, as a Council, they must be extremely careful and know who their contractors are going to subcontract to in the future. CC-87-64 Motion by Mayor Pro Tem Pfennighausen, second by Councilman Evans, ALL AYES, that Council approve allocation of an additional $8,000.00 for completion of FY 86/87 Architectural Barrier Removal Project from the unappropriated fund balance of 11-902-255 Street Fund. Item J Councilman Evans questioned what the city's responsibility will be in this regard. The Community Service Director advised that the developer has an interest in landscaping a portion of the Gage Canal right-of-way. He explained that the developer was proposing to landscape the westerly portion of the development that borders Canal Street and Barton Road. The developer has received tentative approval from the Gage Canal with the condition that a public agency assume responsibility for the maintenance of the landscaped portion. The City Planning Commission, in conjunction with the City Staff, have no problem with this condition other than it is felt the developer should bear the cost of the maintenance of the landscaping. Staff is suggesting the City enter into a maintenance agreement with the developer with the City being the agency assuming responsibilities for the maintenance and the developer providing the funds for maintenance of this landscape area. Council Minutes - 5/ 14/87 Page 4 Mayor Pro Tem Pfennighausen questioned how binding this agreement would be with a Homeowners' Association. The City Attorney advised there are quite likely to be a number of investors involved in this project. However, he indicated one of the conditions of the approval was that there be a CUR established and that would provide for a Homeowners Association that would pay for these sorts of things. As a third party beneficiary, the City could enforce the provisions of the Homeowners' Association through the court processes, at least to those provisions in which the City has a financial interest such as this landscaping. Mayor Pro Tem Pfennighausen questioned whether a tax lien could be placed against the property to recover any cost incurred in this regard. The City Attorney advised this could be done. Mayor Pro Tem Pfennighausen questioned whether that should be done at this point. The City Attorney indicated that it should not be done at this point. The agreement with the developer would probably provide for some front money to ensure the initial payment for maintenance. Councilman Evans indicated he wished to discuss the property to the north. He recalled the City did have some problems with that project. He questioned whether that developer had offered to fully landscape the Gage Canal and was turned down. The City Attorney indicated this was not correct advising the Gage Canal had agreed to the landscaping, but the estimates for i the irrigation required were excessive, as far as the developer was concern. The City Attorney indicated he did not feel the problem with that project would have been maintenance but the cost of the initial installation of the landscaping itself. Councilman Evans indicated he feels the Gage Canal is probably looking for a public agency to assume responsibility for the maintenance of the landscaping because they know the public agency will continue with landscaping due to public pressure. He expressed concern about approving the proposed landscaping because of possible problems in the future. Councilman Grant indicated that the alternatives may force Council to accept staff's report. Assuming Councilman Evans' concerns are valid, the alternatives before Council are that: the landscaping be paid for by the Homeowners' Association; that funds be expended from the taxpayer to provide the landscaping; that landscaping not be done. Councilman Grant indicated he felt the only viable alternative was to enter into an agreement with the Homeowners' Association to maintain the landscaping with the Homeowners' Association to fund the maintenance of the landscaping. Council Minutes - 5/14/87 Page 5 Councilwoman Crawford indicated that if the homeowners did not pay for maintaining the landscaping the City could abandon their care and the property would revert back to it's present condition. For a short time there would be a nicely landscaped area. Councilman Grant indicated Councilman Evans was suggesting that once the landscaping was in place, the City would not abandon the care of the area. The City Attorney indicated that Gage Canal did not care whether or not the landscaping was removed sometime in the future providing the property was returned to its original condition. However, the property owners in that area may be able to force the City to continue the maintenance of the area. In that case, the homeowners would be required to pay their share of the maintenance cost. Councilwoman Crawford restated her position and indicated she could not understand how the City could lose in this situation. Mayor Pro Tem Pfennighausen indicated she concurred and that as long as the City has an avenue of recovery, the City would never abandon the maintenance of the Gage Canal landscaping. CC-87-65 Motion by Councilman Grant, second by Councilwoman Crawford, ALL AYES, to approve proposed landscape plan on Gage Canal right-of-way east of Canal between Barton Road and the northerly property line on Gage Canal. PUBLIC PARTICIPATION Tom Tillinghast Mr. Tillinghast advised that he had noticed in the newspaper 22667 Brentwood that the City Council is considering the appointment of the Acting City Manager as City Manager on a permanent basis and that they would be acting on that at this meeting. He questioned how, without going through the recruitment process, Council will know they are appointing the best man for the position if they did appoint the Acting City Manager as the City Manager. He stressed that, in making these comments, he was not taking away from Mr. Schwab and the job he has been doing as the Acting City Manager. Mr. Thomas Schwab joined the meeting at 6:15 p.m. Mr. Tillinghast indicated that, after going through the recruitment process, if Council still felt that Mr. Schwab was the best candidate for the position, then the City would know they have the best City Manager possible. Council Minutes - 5/ 14/87 Page 6 Dick Rollins Mr. Rollins indicated he had noticed there are several street 22700 De Berry lights in Grand Terrace that are no longer operating. He has checked with the Edison Company who advises that most municipalities have someone on staff who monitors the light fixtures in the city and reports any malfunctioning fixtures to l Edison for repair. He suggested that any citizen noticing light fixtures that are not operating should bring them to the attention of the Community Service Director who, in turn, will report them to the Edison Company. He suggested that a notice to this effect be placed in the sewer bills so all property owners in the City of Grand Terrace are aware that they can report non -operating street lights to City Hall for referral to the Edison Company. Mayor Pro Tem Pfennighausen indicated she was aware of three light fixtures in her area that were not working. Mayor Matteson asked the City Manager to look into this matter and prepare procedures to follow for reporting street lights that do not work. The City Manager indicated inventory would be done and procedures established to ensure the street lights are fixed. Ken McClellen Mr. McClellen indicated there is an item on the agenda dealing 21882 Grand with the six-month moratorium on the R-3 property west of I-215 Terrace Road freeway. He stated the people in this area would appreciate it if Council would extend the moratorium until the General Plan update is completed. COMMITTEE REPORTS Crime Prevention Mr. O'Neal advised that he was reporting on behalf of the Committee Community Service Officer who was out of town. He reported Ed O'Neal that on May 4 and 5, 1987 four members from Grand Terrace and 22608 Minona Dr. he representing the Board of Supervisors and Don Miller from COMCAST attended a two-day conference sponsored by the Governor's Office on Criminal Justice and Planning focused on neighborhood alerts and watches. Mr. O'Neal indicated it was a well-conducted, well -presented conference. He stated the Grand Terrace Crime Prevention Committee is operating very strongly and they are particularly proud of the Crime Buster's Program being operated by Jamie Butler. Mr. O'Neal mentioned the Health and Safety Fair held April 25, 1987. It was estimated that there were between five hundred to a thousand participants at the fair. He also thanked Mayor Matteson for preparing and selling his award -winning chili and donating the proceeds to the Crime Buster's Program. In recognition of his contribution. Mr. O'Neal gave Mayor Matteson the sign which was posted at his booth during the Safety Fair. Council Minutes - 5/ 14/87 Page 7 Dick Rollins Mr. Rollins indicated Council had a report on the agenda with 22700 De Berry St. regard to Griffin Park to be discussed later. He indicated he would like to add to Mayor Pro Tem Pfennighausen's comments with regard to subcontractors. He stated that recently they terminated the landscaping contractor at the park and that the landscaping is now being undertaken by City Staff. Mr. Rollins advised there is a procedure to follow to bring a subcontractor before a referee if he does not fulfill the terms of his contract. He suggested perhaps it's time the City started taking action to ensure that subcontractors fulfill their contracts. Crime Prevention Motion by Mayor Pro Tem Pfennighausen, second by Councilman Committee Grant, ALL AYES, that Council accept the resignation of Bruce CC-87-66 Foytik, with regret, and authorize advertising of vacancy for an unexpired term to expire June 30, 1990. Parks and Motion by Mayor Pro Tem Pfennighausen, second by Councilman Recreation Evans, ALL AYES, that Council direct staff to establish and Scholarship maintain scholarship pursuant to Committee guidelines and CC-87-67 criteria with the revenue being generated from Tour de Terrace. Griffin Park Mayor Pro Tem Pfennighausen indicated that without the Site volunteers who serve on various City Committees, the City could not function. Their job is very important and most of all their job is to dream. Mayor Pro Tem Pfennighausen indicated that, in the Griffin Park site maintenance report, the statement was made that Griffin Park has become a zero utilization greenbelt. She discussed the use of this park with people living in the area and learned that Griffin Park site is not a zero utilization area. The people do use the park site. Mayor Pro Tem Pfennighausen questioned how the term was arrived at, what time the park site was checked and who determined whether the park was a zero utilization greenbelt. She feels Griffin Park site needs to be a restricted use greenbelt because it is located between backyards. She indicated she feels it might pay to talk to people in the area and find out what kind of expanded use could be put in this park. Mayor Pro Tem Pfennighausen indicated she would like to have no action taken on this item until we have determined whether this is a zero utilization greenbelt and look into the possible limited expansion of the use of the park. Councilman Grant agreed with Mayor Pro Tem Pfennighausen and indicated he felt it hard to believe that no one wants this as a park. He also agreed that eliminating maintenance was totally unacceptable. Although he was prepared to accept staff's suggestion to advise residents in the area that park equipment would be included in this park site, he did not object to Mayor Pro Tem Pfennighausens' suggestion. Council Minutes - 5/ 14/87 Page 8 Councilwoman Crawford indicated there is a demand for a special use park for skateboarders. She didn't know if Griffin Park would serve this need or if it could be utilized in this manner. She proposed that City Council look into the possibility of a skateboard park and perhaps establish a subcommittee of parents and teenagers who might investigate this possibility. Stan Hargrave Mr. Hargrave advised his house is not located on this 12048 Canary greenbelt, but across the street. He confirmed that this Court greenbelt area was used substantially by children in the neighborhood. He also suggested there would be vigorous oppostions from the property owners in that area if the use of this greenbelt was changed. Mr. Hargrave supported Council's suggestion to upgrade the park. However, he would not support any major developments such as construction of a building on the site that would require maintenance. He did not feel this would be in the best interest of the residents or the city. Debbie Harber Ms. Harber asked Council to defer a decision on this park 22032 Pico area. She indicated she would like to see this park expanded to be utilized more than it is now. She strongly supported Councilwoman Crawford's suggestion of a skateboard park indicating there is nothing for young people to do in the City of Grand Terrace. If there was a park developed in the City where young people interested in skateboarding or biking could go, it would be a benefit to the citizens of Grand Terrace. Mayor Matteson suggested that Ms. Harber contact the City Manager in this regard. Mayor Pro Tem Pfennighausen indicated she is glad that a need for a park for skateboarders has been brought up and that we definitely need to make some provisions for these young people. She would have concerns, however, about the use of Griffin Park Site as a skateboard park. This park is in backyards used by small children. As skateboards must go fast and jump high, it may not be feasible to incorporate that use in a pa rk used by small children. She questioned why a private enterprise has not picked up on this need. She suggested it may be because of the high cost of liability insurance. Mr. Tony Petta Mr. Petta mentioned that in many cities you will find 11875 Eton Dr. greenbelts and that is what makes cities beautiful even if the greenbelts are not used. With reference to the benefits assessment being suggested, he did not feel it would be a good idea because certain projects benefit certain citizens more than others. Certain projects are the duty of the city to provide and maintain, and parks are such projects. Council Minutes - 5/ 14/87 Page 9 Councilwoman Crawford indicated she feels it would be a benefit to our young people to have a supervised area in which they could use their skateboards as then they would be using the proper equipment. Council concurred with taking no further action on this matter until a further report has been received. Park Site Councilman Evans indicated that, about three months ago, the Identification Parks and Recreation Committee identified the need for additional parks in the City of Grand Terrace. The Parks and Recreation Committee was to establish a committee to look into possible park sites for the City and return to Council within sixty days with some suggestions. Councilman Evans questioned whether this has been done and, if not, why not and when we can expect to have this report. Mr. Dick Rollins advised that the Parks and Recreation Committee has pe rsued this at length. They decided they would wait and provide their input into the General Plan Update. Mr. Rollins further advised that the Parks and Recreation Committee meeting is an open public meeting and he invited any interested citizen to attend and provide input into recreation needs of the City. Councilman Evans asked if any members of the Parks and Recreation Committee have met with the consultant preparing the General Plan. Mr. Rollins advised they have not met with the consultants yet. He indicated he thought the first meeting was held Monday night, May 12, 1987. Mayor Pro Tem Pfennighausen advised that the May 12, 1987 meeting was the only general input meeting planned. No other meeting will be held until the public meetings are scheduled. It was suggested that members of the Parks and Recreation Committee meet with the City Manager and the Planning Director to provide their input into the General Plan update. Mr. Sawyer advised that information acquired in this way will be forwarded to the consultant. The City Manager advised that Lenora Frost, a member of the Parks and Recreation Committee, attended the meeting on May 12, 1987 and the procedure was explained to her. For the record, Councilman Grant advised that the Pico Park area belongs to Edison and is a very viable choice, among other locations in the City, for park purposes. As mentioned, it is not intended to build any structures on this park. It is intended to use the park for "sandbox sports" and the property is very valuable for that purpose. Council Minutes - 5/14/87 Page 10 J� Council recessed at 6:55 p.m. Council reconvened at 7:10 p.m. PUBLIC PARTICIPATION As there were some people present who had misunderstood the time for public participation, Mayor Matteson opened the meeting for public participation again at this time. Mr. Robert Ferris Mr. Robert Ferris spoke to Council with regards to the Oriole development taking place behind his property. Mr. Ferris advised that over the last two years, during the winter time, his backyard has filled up with mud and has been flooded. He met with the previous property owners and discussed the problem with them. The property has since changed hands and the new owners are in the process of developing the property. He questioned whether or not there was something that could be done to ensure that erosions and water flooding did not occur on their property because of the construction taking place. Mr. Ferris questioned whether the V-ditch being constructed is enough to ensure that his property will not be flooded or have an excessive amount of mud washed onto the property when it rains. He suggested that he would like to have a retaining wall constructed so that, if the V-ditch filled up and overflowed, the retaining wall would stop the mud and water from going onto his property. Mayor Matteson asked the City Engineer whether or not the V-ditch would be adequate to carry the water. The City Engineer advised that the majority of the drainage from this property would be away from Mr. Ferris' property. The City Engineer indicated he felt that the V-ditch would be more than adequate to handle the drainage in this area. He advised that the slope will be landscaped to retain the soil and avoid the erosion that occurred in the past. Councilman Evans asked the City Attorney who would be required to build the retaining wall if the V-ditch was not adequate. The City Attorney advised that will be a civil matter between the property owner and the developer. Mayor Matte City Engine handle the for the are property. onto Oriole responsible operates pr releasing a Council Minutes - 5/14/87 Page 11 son asked Mr. Ferris if he was satisfied with the er's statement that the V-ditch will be adequate to runoff. Mr. Ferris questioned who was responsible a between his property and the property behind his The City Engineer advised that the property backing has the ditch on it. These property owners are for the ditch. As far as ensuring that the ditch operly, this can only be done by the City not ny bonds prior to the completion of the tract and the total landscaping of those lots. Mr. Ferris indicated that he would like to see some kind of notice go to the property owners outlining their responsibility for the maintenance of this ditch. Mayor Pro Tem Pfennighausen questioned whether or not this situation was similar to the situation of the property above Dos Rios. The City Engineer advised that it was a very similar situation. Mayor Pro Tem Pfennighausen indicated people need to understand they must maintain the landscaping on the slope so that the land does not come down on the property below. She questioned whether or not there was any way the City could make it mandatory for them to put that on a disclosure statement. The City Attorney advised that the Real Estate Association of California is responsible for that. He did not know of any way the City could force them to put that on a disclosure statement. Stan Hargrave Mr. Hargrave commented on the method of appointing the City 12048 Canary Ct. Manager/Director of Finance. He indicated that, in business, both recruitment and hiring from in-house are used to fill vacancies. Both methods are equally successful. He suggested that the City would be correct in using either method. Mr. Ed O'Neal Mr. O'Neal wished to make some comments relating to parks. He 22608 Minona Dr. had recently joined the Director of County Parks on a tour of parks in this County. They reviewed the history of the County Regional Parks since Proposition 13 and where County Region is going. It appears they are going to be self supporting within three to four years. They are accomplishing this generally through the concessionary route. Mr. O'Neal wanted to bring to the attention of Council that parks can be revenue producing. COUNCIL REPORTS Stop Sign Councilwoman Crawford indicated she was concerned about the intersection at Preston and Nandina. There is no stop sign there and people don't stop. She asked if a stop sign could be placed at that intersection. The City Manager advised that all the traffic markings are set by Council. He asked if Council would allow the City Engineer to look into it and bring a report back. OmniTran/SANBAG For the record, Councilman Grant advised he attended, with Councilwoman Crawford as her alternate, the OmniTran meeting held May 6, 1987. He also attended the SANBAG meeting held May 6, 1987. Council Minutes - 5/ 14/87 Page 12 Westar Councilman Grant indicated he had a question about the Westar Development. He had completed the questionnaire included in the Chamber Newsletter and returned it. However, he was aware that some people did not receive the questionnaire and he did not know why. Council has given Westar a period of time to see what they can do about putting together a development in Grand Terrace. He requested an update on this matter. The City Manager advised that wh i 1 e the Chamber of Commerce had paid to have these questionnaires inserted in their newsletters, he had learned at the public meeting held on May 12 that quite a number of people had not received a questionnaire. In some cases they received the newsletter and not the questionnaire. It appears that, while the Chamber of Commerce paid to have the questionnaire inserted into their newsletter, it was not done in all cases. He did not know how good a sample the developer will be getting. The City Manager advised that a development has been approved by the Colton Planning Commission at the bottom of Mt. Vernon which would include an Albertson and Osco Drug Store. What the developer is attempting to do is to convince the Albertson Store and/or Osco Drug Store to locate in Grand Terrace rather than in Colton. With the information obtained from the survey, the developer will try to draw one or both of the markets from the proposed development in Colton. If he is able to do so, he will undoubtly ask Council for one of the sixty-day extensions to carry on with his investigation. Councilman Grant indicated he hopes the developer is successful in attracting one of these stores to Grand Terrace. He indicated we know about developments taking place around Grand Terrace, but it seems like development is not occurring in the City of Grand Terrace, itself. Stop Sign Mayor Matteson requested a report on the proposed stop sign on Mt. Vernon and Brentwood. The City Engineer advised that about a year ago a study was done on this intersection. It appears that a stop sign with the current configuration at Brentwood and Mt. Vernon is not advisable. Police Report Mayor Matteson indicated that, in reading the police report, he noticed the number of citizens who are calling suspicious people and vehicles to the attention of the police for investigation. He believes that the concern of the citizens is one of the reasons there is such a low crime rate in Grand Terrace. Council Minutes - 5/ 14/ 87 Page 13 NEW BUSINESS Fee Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING ORDINANCE NO. 101 AND ESTABLISHING A COMPREHENSIVE SCHEDULE FOR FEES, TAXES, AND FINES FOR PERMITS, LICENSES, SERVICES, FACILILTIES AND ACTIVITIES PROVIDED BY THE CITY OF GRAND TERRACE. The City Manager advised that the changes to the fee ordinance were outlined in the Staff Report. In reviewing the changes, he advised staff is projecting the sewer fee by one dollar in order to build a reserve fund for the City's share in the tertiary treatment plant. The proposed one -dollar increase will provide a fund of approximately one hundred thousand dollars by the time construction of the tertiary treatment plant is underway. Councilman Evans asked if the City Manager had an idea of what the approximate cost would be for the City of Grand Terrace's share of the tertiary plant. The City Manager advised that the quote he has been given in 1987 dollars was two millions dollars. The facility will be constructed with bonds. The one hundred thousand dollars will help offset debt services of these bonds. The City Manager advised that the City of Grand Terrace no longer uses the County to administer home occupation permits. Council decided to handle home occupation permits by City Staff and set the fee at fifty dollars per year. This provides for survey of the area in which a person is going to have a home occupation to check with the neighbors to see if the type of occupation proposed would be a problem to them. The fee has been set by Council, but has not been included in the ordinance. The City Manager advised that recently Council had adjusted the way in which the City will collect on delinquent sewer accounts. This policy is being included in the ordinance. The City Manager advised that we do not currently have a fee schedule set for public documents such as the Municipal Code, zone Map, etc. Staff has prepared a fee schedule which is being included in the ordinance. CC-87-68 Motion by Councilman Evans, second by Mayor Pro Tem Pfennighausen, ALL AYES, that the proposed fee ordinance be given first reading and a public hearing set for the Council meeting of May 28, 1987 at 6:30 p.m. 11 Council Minutes - 5/ 14/87 Page 14 Six -Month The City Manager advised that the six-month moratorium placed Moratorium on the R-3 Development west of the I-215 Freeway expired May 8, 1987. With the expiration of this moratorium, R-3 Development t can proceed in this area. The City Manager advised he would like Council to discuss the moratorium and determine whether or not to extend the moratorium. This direction is requested so administration can provide the proper information to the developers. Councilwoman Crawford indicated, in view of the fact that nothing has been resolved, she would like to extend the moratorium until the General Plan has been amended. CC-87-69 Motion by Councilwoman Crawford, second by Mayor Matteson, that the moratorium on R-3 development west of the I-215 Freeway be extended until the finalization of the General Plan Update. Councilman Grant indicated he feels there is a conflict between desire for the revision of the General Plan to bring the picture into perspective and the hardship created on those owning land in this area who wished to develop their land. Councilman Grant indicated he feels the extension of the moratorium would continue this hardship. Mayor Matteson indicated he felt the extension of the moratorium may create a temporary hardship on the property owners, however, if it is not checked out completely, it may create a hardship on the entire population of the City of Grand Terrace in the future. Mayor Pro Tem Pfennighausen stated that each project could be reviewed on an individual basis. iShe further indicated she did not feel people realize the hardship placed on property owners of undeveloped properties because of the moratorium. Further, she felt the moratorium was not accomplishing anything and questioned whether all the property owners in this area should suffer because of a moratorium put in place because of one development. Councilman Evans questioned whether any projects for R-3 Development west of I-215 Freeway have been presented since the expiration of the moratorium. The City Engineer advised they have received no new proposals for consideration in this area. However, they have received inquiries as to the status of previous projects. The City Manager indicated there is no development proposals before staff at this time. However, there have been inquiries from property owners in this area asking whether they can submit their project or whether the moratorium would apply. Staff is looking for direction on how to reply to citizens with proposed projects for this area. Council Minutes - 5/ 14/ 87 Page 15 Councilman Evans indicated he believes Council has created undue hardship for both parties. He also concurred with Mayor Pro Tem Pfennighausen's position that all projects will be reviewed. Councilman Evans indicated he felt we would probably be in a better position to review the project when the amendment to the General Plan is completed and this will be done before any projects may come in for review. Shirley Hogue Ms. Hogue indicated they had a project that was ready to be 11955 Rosedale presented for consideration before the moratorium was put in Avenue place. Ms. Hogue questioned why, if Council was going to place a moratorium on this particular area, they didn't consider placing a moratorium on Mt. Vernon and Canal. She indicated there is probably as much of a problem in that area as there is in their area. She suggested that if Council was going to place a moratorium on the property west of I-215 Freeway, they should consider placing a moratorium on all R-3 properties in the City itself. Ken McClellen Mr. McClellen indicated the problem, as he sees it, is the 21882 Grand moratorium has been in placed for six months and the homeowners Terrace Road in this area did not have input into the General Plan update for the last six months. The homeowners were able to provide some input at the May 12, 1987 public meeting with the consultant. He indicated they will probably never be able to satisfy the people who live there and want to maintain their style of living and the people who wish to develop the property. He thought they had come up with an acceptable solution with their recommendations, that being to rezone both sides of the street to R-2 which could preclude apartment developments but allows four plexes and duplexes, etc. They feel this will satisfy the majority of the people in this area. Mr. McClellan suggested Council wait until the General Plan is completed for that area and then make a decision. The homeowners will abide by any decision reached following the amount of input they are being allowed because they will not have any choice. Ms. Hogue Ms. Hogue advised they own property on Vivienda and La Crosse. 11955 Rosedale They purchased this property for R-3 purposes and they would like to see it remain R-3. Councilman Evans indicated that the consultants were directed to review the area in question first. He requested an update on the status with the consultant's study. The City Manager advised that is the first area the consultants will be reviewing. They have been asked to prepare a schedule for a specific time as to when they will have that area completed as well as the entire General Plan amendment. They felt the review of that area, with all the public hearing Council Minutes - 5/ 14/87 Page 16 required, will take sixty to ninety days before completion. He is going to provide a firm time frame for the City Manager's i nformation. Councilman Evans indicated that the consultant was asked to adddress that area initially. He questioned whether or not they had formed any ideas to this time. The City Manager advised that the consultant does have ideas in this area; however, the original time frame did not include Council's or citizens' input required. When Council amended the type of input required into the General Plan, it set the consultant's time frame back. Councilman Evans suggested that this item be continued until the next Council meeting and that we have the consultant present to present their proposals in this area. Councilwoman Crawford withdrew her motion, with the second concurring. Council concurred that there will be no action taken on this item at this meeting and that the consultants be invited to the next Council meeting with their proposals for this area. Councilman Evans indicated he would like to see the consultant's preliminary proposals before the meeting. AB 1608 Mayor Matteson introduced the subject of AB 1608 which relates to the improvements of the overall safety of our roadways in California. The City Manager indicated this is legislation currently being considered which would broaden the power of the CHP to allow them to remove unsafe vehicles from the highway. Currently, their authority is only in the commercial vehicle area. Mayor Matteson suggested that the proposed bill would allow the local sheriff to have the same authority�as the CHP. Councilwoman Crawford suggested that, the way the proposed bill is written, it would not affect the City of Grand Terrace as it applies only to Los Angeles County. Councilman Evans indicated that until he had more information, he would not be in a position to support this proposed bill. He feels we have adequate provision currently in the California Vehicle Code that gives all police officers the right to site for defective equipment, whether it is private or commercial. He further suggested when he read Los Angeles County he interpreted this to say they are giving special treatment to Los Angeles County. If this is a good piece of legislation, it should include this entire State. Council Minutes - 5/ 14/87 Page 17 Mayor Pro Tern Pfennighausen suggested that Council take no action on this item. Councilmembers concurred with this suggestion. AB 2190 The City Clerk advised that AB 2190 is a proposed amendment to the Election Code which would dictate that each city would be managed by the City Council and City Manager form of government and that their Council members would be elected from single member districts. This matter was being presented to Council as they may wish to deal with the principal involved in that the right for citizens to choose their form of government and their method of electing their Councilmembers may be eliminated. The City Clerk also mentioned that the bill has been amended to apply only to cities of twenty-five thousand populations. This bill may never apply to the City of Grand Terrace; however, Council may wish to respond to the principal involved. Mayor Pro Tem Pfennighausen indicated that it may today apply to cities of twenty-five thousand, tomorrow it may apply to any city. They should never take away our rights to determine how we select our Council and what form of election we would hold. CC-87-70 Motion by Mayor Pro Tern Pfennighausen, second by Councilman Evans, ALL AYES, that Council approve the resolution opposing AB 2190 and that Council's position on this bill be brought to the attention of State Assemblyman Jerry Eaves, William Leonard and members of the Ways and Means Committee. Mayor Pro Tern Pfennighausen continued by saying that she also suggested that every Councilmember and every citizen send a letter to Sacramento opposing AB 2190. Solicitors The City Manager advised that Staff has received a request from Permit Mr. Nichols for a permit to solicit. Mr. Nichols proposes to solicit door to door in order to sell home security systems. According to Grand Terrace Code, when a request is received for a soliciting permit, we have the Sheriff's Department investigate the individual and advise if they have any objection to issuance of the solicitation permit. The City Manager also noted that Mr. Nichols did not pay the application fee as there is a provision in the Code for honorably discharged veterans not to pay the application fee. However, Mr. Nichols will be required to pay a fee of twenty-seven dollars per quarter if he obtains the permit. Councilman Evans questioned whether it was standard policy for solicitation permits to be approved by Council. The City Attorney advised it was not common practice. Councilman Evans suggested that, in a City of our size, Staff could grant a solicitation permit once they have taken the necessary steps to investigate the credibility of the individual who is applying P11 Council Minutes - 5/ 14/ 87 Page 18 for the permit. If nothing else, Councilman Evans suggested that items of this nature should be on the Consent Calendar. Councilwoman Crawford questioned where this business is located. The City Manager advised the home address is listed on De Berry Street. Councilwoman Crawford questioned whether there was any knowledge of this mans reputation within the home alarm industry. The City Manager advised that we do not check the credibility of the business. We do check to see if the individual himself has any outstanding complaints. Councilman Grant indicated he feels that authorizing Staff to make the decision on solicitation permits on a routine basis without bringing it to Council for consideration is putting an unfair burden on Staff. This is different than other decisions that Staff has to make. He feels this kind of issue should continue to be brought before this Council. As far as this particular issue is concern, Councilman Grant indicated he would support Staff's recommendation. CC-87-71 Motion by Councilman Grant, second by Mayor Matteson, that the Council approve the permit to solicit submitted by Mr. Nichols. Mayor Matteson indicated he took exception to Councilman Grant's suggestion that Staff may make a mistake and Council would not do so. Councilman Grant indicated he did not say that. He did say he felt it was unfair for Council to back down on their responsibility by placing an unfair burden on Staff to make a decision with regard to issuing a solicitation permit. Mayor Matteson suggested these are routine matters and that Staff could handle applications for solicitation permits without bringing them to Council. Councilman Evans asked the City Attorney if, legally, the Council could deny a solicitor's permit and, if so, what is the criteria. The City Attorney indicated Council would have to have a pretty good cause to deny the proposal before them because it would probably be a violation of some provision of the United States Constitution. In some instances, there is cause to deny the application; however, he did not feel this situation was one of those. He suggested Council could put reasonable restrictions on a soliciting permit to protect the citizens of the City. Councilman Evans suggested, from the City Attorney's comments, authorizing solicitation permits is becoming a routine matter and there is very little reason we could deny it. As it is becoming more routine, perhaps Staff could be directed to handle it and not take up Council's time. If Council must deal with it, put it on the Consent Calendar. Council Minutes - 5/ 14/87 Page 19 Councilman Grant questioned whether any decision as to whether we place these items on the Consent Calendar or whether we leave it up to Staff could be made tonight. The City Attorney advised that placing matters of this nature on the Consent Calendar is no different than placing it on the agenda itself. However, if Council wished to make a resolution with regards to authorizing the Staff to approve solicitation permits that could not be handled tonight as it is not on the agenda. For the record, Councilman Grant indicated he is in opposition to the City Manager having this unfair responsibility. This Council is reneging on its responsibility and he thinks it is taking the easy way out. Motion CC-87-71 carried ALL AYES. Mayor Matteson advised that Council is now going into closed session. Councilman Grant indicated his understanding was that we had two items for closed session, one being personnel and one being potential litigation. Councilman Grant questioned whether the personnel matter is primarily a personnel issue or a budget issue. If this is a budget issue, he saw no purpose in taking it to closed session. Councilman Evans indicated he concurred with Councilman Grant and that his interpretation is that this is a budgetary item and should be discussed in open session. The City Attorney advised budgetary items cannot be discussed in closed session. As to personnel , you can discuss matters of performance and evaluation and so forth in closed session. If you are going to discuss the establishment of the salary, that is a budgetary issue and you have to do that in an open session. This could not be done tonight as there is not an agenda item. Councilman Grant indicated he feels the question of salary for personnel should be discussed in open session. Councilman Evans suggested that Council consider and discuss salary in conjunction with the budget discussion. Council went into closed session at 8:18 p.m. Council reconvened at 8:30 p.m. Mayor Matteson advised that Council had discussed matters of litigation in closed session. L Council Minutes - 5/14/87 Page 20 J CC-87-72 Motion by Councilman Evans, second by Mayor Pro Tem Pfennighuasen, ALL AYES, that Council authorize Staff to offer settlement to Colton of $99,384.99 and that the $99,384.99 be appropriated from the sewer fund reserve for this purpose. CC-87-73 Motion by Councilman Evans, second by Mayor Pro Tem Pfennighausen, ALL AYES, that Council appropriate $1,800 for slopes stabililty and analysis from unappropriated balance from the General Fund. The meeting adjourned at meeting of May 18, 1987 P.m. 8: 35 p.m. to be adjourned Council at 5:30 p.m. and May 26, 1987 at 7:30 Respectfully submitted: APPROVED: Council Minutes - 5/ 14/ 87 Page 21