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01/14/1988CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JANUARY 14, 1988 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 January 14, 1988, at 5:30 p.m. PRESENT: Byron Matteson, Mayor Barbara Pfennighausen, Mayor Pro Tem Hugh J. Grant, Councilmember Dennis L. Evans, Councilmember Susan Shirley, Councilmember Thomas J. Schwab, City Manager/Finance Director Randy Anstine, Assistant City Manager Juanita Brown, Deputy City Clerk Ivan Hopkins, City Attorney (6:30 p.m.) David Sawyer, Planning Director Joe Kicak, City Engineer ABSENT: NONE The meeting was opened with invocation by Pastor Larry Wilson, Praise Fellowship Foursquare Church, followed by the Pledge of Allegiance led by Councilman Grant. CONSENT CALENDAR Convened City Council at 5:32 p.m. Reconvened City Council at 5:36 p.m. Mayor Matteson asked Council if there were any items to be deleted? The City Manager replied there were no items to delete. Mayor Matteson asked Council if there were any items on the Consent Calendar to be removed for discussion. Mayor Matteson requested Item (A) -- Approve Check Register No. 011488. CC-88-01 Motion by Mayor Pro Tem Pfennighausen, second by Councilmember Grant, ALL AYES, to approve the remainder of the Consent Calendar. Item B - Ratify January 14, 1988 CRA Action Item C - Waive Full Reading of Ordinances and Resolutions on Agenda Item D - Approve 12/17/87 Minutes Item E - Consent to Assignment and Modifications Agreement for Processing Parking Citations. Mayor Matteson asked what WWD stood for. The City Manager replied, waste water disposal. CC-88-02 Motion by Mayor Matteson, second by Mayor Pro Tem Pfennighausen, ALL AYES, to approve Check Register No. 011488. PUBLIC PARTICIPATION Gene McMeans Mr. McMeans, Manager of Riverside/Highland Water Company, due 12004 Glenwood to a request by a Grand Terrace resident, gave a report on the Colton condition and quality of our water and what the improvements are for the future. Mayor Matteson asked who takes and analyzes the tests. Mr. McMeans replied, the tests are taken by an independent lab, Edward S. Babcock & Sons, Inc. He then gave a report on how the tests are done. Councilmember Evans asked Mr. McMeans if they are required to test for about 117 different chemicals? Mr. McMeans replied, "no," approximately 31, but in 1990 it will be about 117. Councilmember Evans referenced the test for chemicals and asked, are they chemicals that are seeping into the water table because it is generated from above ground pollutions? Mr. McMeans responded that is basically the case. Councilmember Evans asked if the primary water for Grand Terrace came from the Lytle Creek well. Mr. McMeans responded that the primary source does come from the Lytle Creek well, as well as from the Colton/Rialto Basin; the Riverside North Basin; irrigation water from the Bunker Basin, northeast of the I-10/I-215 freeway. Councilmember Evans asked what could we do above ground to mitigate the underground water problems as far as pollution. Mr. McMeans replied, he believed the EPA is struggling with that in many of their reports. He stated, hopefully, we can control such things as the oil dumpings and any toxic waste dumpings, stating Proposition 65 is being worked on right now as far as industry is concerned. Council Minutes - 01/14/88 Page 2 Ed O'Neal Mr. O'Neal stated Measure "A" - Special Sales Tax Revenue 22608 Minona Dr. failed when it came up to election, and unfortunately, the Special Field transportation problem did not decrease. He stated input Representative from Council and other various interested parties around the to Barbara county, as to how they feel certain local monies should be Riordan distributed, would be very helpful and maybe they could come up with something on the ballot that the public would accept. He stated the energy to waste conversion was defeated at the supervisory level. He stated July 1, Colton Land -fill will close and we will move up to San Timeteo. He stated Riverside is closing a land -fill and the closure looks like seven million dollars because of the leeching of water into the ground water. He stated if the community could come back to the supervisory level, maybe a more acceptable decision could be made. Dick Yost Mr. Yost stated that prior to the meeting, he placed a flyer President of the on each of Council's positions that would be distributed Chamber of throughout the Grand Terrace area in reference to a new Commerce Business to Business Coffee Clatch. He stated the businesses have a problem attending the afternoon luncheons so they will be having morning coffee clatches the first Monday of every month from 7:00 to 8:00 a.m., hopefully to turn it into a once a week coffee clatch to get businesses supporting businesses and to pass on other community activities. He stated he and the Executive Director of the Chamber of Commerce attended a luncheon of the gas company, specifically to form an east valley coalition of Chambers of Commerce. Mayor Matteson mentioned that on May 18 - 20, 1988, the International Council of Shopping Centers are having a convention in Las Vegas. He stated developers from all over the country meet there and he would like to see members of the Chamber of Commerce and the City Council attend. He stated it is supposed to be one of the most popular conventions held throughout the country and anyone that is interested in going should get their reservations in early, indicating interested parties could contact him and he will give them the needed information on who to contact. COMMITTEE REPORTS Crime Prevention No one reported. Committee Councilmember Grant stated he wanted to comment on the December 15, 1987 Minutes in reference to a decision by the committee to request that in the future "a member made a recommendation that any further use of the Crime Prevention Officer by the Sheriff's Department for duties outside the City of Grand Terrace or in the interest of the San Bernardino County Sheriff's Department be requested by an Council Minutes - 01/14/88 Page 3 interoffice memo and directed to the central patrol. These will be the Chief of Police in Grand Terrace and to the City Manager." He asked if this position, which is being paid for by the taxpayers of the City of Grand Terrace, has been used for purposes other than for Grand Terrace? The City Manager replied, he believed the person is a County employee and there may be a certain amount of sharing of that employee. However, there are times when we utilize many members of their staff to do functions for our city. He indicated they had their first Citizen's Patrol meeting this afternoon and we not only had our Crime Prevention Officer, but we had two or three other individuals from the Sheriff's Department. The person does not necessarily dedicate 100 percent of their time here, but there is some overlap of some of their staff. Councilmember Grant stated he did not mind the overlap or sharing as long as it's at a proration of the money that is expended to support that position. He stated money for that position should be spent for services to this City. Mayor Pro Tem Pfennighausen stated she has discussed this with the Crime Prevention Officer and we have to realize that everybody has particular talents, strengths, and programs they are particular affective with and some that they may not be as affective with. She stated the people that the Crime Prevention Officer works with exchange those talents and those programs throughout the valley. Therefore, she may do a program for somebody else where she has a particular strength and if she has a program that is needed in Grand Terrace that she feels somebody could give more strength to, that person comes in return and helps her. She felt the city could get the best of everything by sharing. Councilmember Grant stated the definition of other responsibilities outside the City can vary, indicating it is one thing to compliment and supplement what we are doing here in sharing of information and knowledge, but he did not want that position used for something totally unrelated to the position as it's defined in Grand Terrace. Mayor Matteson stated the City Manager is keeping an eye on the situation and felt he could handle it if it is warranted. He stated it has been requested to reopen public participation. PUBLIC PARTICIPATION Tony Petta Mr. Petta stated in reference to Councilmember Grant's 11875 Eton Dr. concern, the position of the Crime Prevention Officer costs Council Minutes - 01/14/88 Page 4 x-number of dollars and if other cities benefit from it, then it would be fair for them to contribute. He stated the Crime Prevention Office has started a program that the citizens should be aware of and that is, the Citizen's Patrol. He stated the first meeting was held today and was represented by a number of people. He stated the Sheriff's representative may want to give a little information as to the purpose of this program. Lt. Peppler Lt. Peppler explained what the Citizen's Patrol was all about. He gave an outline of what is expected and not expected from the Citizen's Patrol. Mr. Petta stated there is still a need for more volunteers. Councilmember Evans stated what is new for the Grand Terrace area is the fact that they are not only involving the senior citizens, but are also requesting participation from the entire community. Larry Michaels Mr. Michaels addressed a zoning problem, referencing the Lee & Associates property at 12210 Michigan Avenue, south of Barton, which is Santa Ana an industrial building of approximately 57,500 sq. ft. and comprises two buildings facing each other that was built approximately in 1981. The zoning at that time was C-2T (industrial uses). He stated in 1984, the City eliminated that zone designation. The "T" eliminated them from putting further industrial uses in that park. He explaind the percentage and uses of the buildings and then handed out to Council a brochure and pictures showing their project, explaining the pros and cons of their present situation, and asked Council if there was anything they could do to eliminate this problem. Mayor Matteson replied Council will be reviewing the zoning and will take his request into consideration at that time. Mr. Michaels ask when will zoning will be considered? Planning Director Sawyer replied not until the General Plan had been heard sometime in February and the Public Hearing in March. Parks and Mayor Matteson asked Ms. Barbara Conley what was the Recreation significance of her questioning whether or not Tammie Barr Committee could serve on the Parks and Recreation Committee because she had a business license? It was observed that Mayor Pro Tem Pfennighausen left the meeting at 6:26 p.m. and returned at 6:29 p.m. Barbara Conley Ms. Barbara Conley replied, that's referencing the Policy 22285 Dove St. Manual that was put out by the City of Grand Terrace relating Chairman to committee members. She stated she talked with the City Parks and Rec Manager and was informed that it was an old clause and is now Committee being rewritten for the new manual. Council Minutes - 01/14/88 Page 5 City Manager Schwab stated for clarification, the manual indicates that a person who is a business owner that does not reside in the community could become a non -voting member of a committee, but if you looked at it literally, it sounds like if you are a business owner in Grand Terrace and live here, that you can only be an associate member. That's not the literal interpretation. If a person lives here and has a business, they can be a member. Ms. Conley read a letter commending the law enforcement for their participation in the Tour de Terrace, and gave a report on 1986 and 1987/88 Tour de Terrace for scholarship profits. She asked Council to approve the Parks and Recreation Committee request to follow through with this project so that sometime before June 1988, two High School seniors will receive a scholarship by Council. City Manager Schwab stated the appropriation has been made by Council and further action is not needed in order to award the two scholarships, indicating he has no problem with the justification of using profits from both years in order to give the scholarships. He felt Ms. Conley only wanted it to be made clear that there is sufficient justification to award the two scholarships, even though this fiscal year did not make the entire amount. Councilmember Shirley stated she felt the Tour de Terrace in both years has been a fantastic public relations event for the City, as well as a lot of fun for the people who participated in it. Councilmember Evans concurred with Councilmember Shirley, indicating we are trying to get some name recognition throughout the area for our community and felt the Tour de Terrace is probably the biggest event that brings that recognition. He stated next year instead of expecting the Tour de Terrace to pay for itself and hopefully generate a profit for scholarships, felt Council should consider, as a form of good will, that the City actually participate in the funding. Mayor Matteson stated he felt they are doing great the way they are. He asked for consensus of Council to proceed for scholarships. Council concurred. Snack Bar Ms. Conley stated she wanted to take this opportunity to set the record straight about comments made about the snack bar at the last Council meeting, stating for the record, the total year-to-date cost of the snack bar is $10,058.25, indicating this figure comes from a financial report requested and supplied by the City Manager. Council Minutes - 01/14/88 Page 6 She stated she and the Parks and Recreation Committee are not requesting a motion or any additional funds at this time. They feel it is important that the City Council and residents of Grand Terrace understand what has actually been spent on the snack bar. Mayor Matteson stated he would like to see an itemized list of what has been spent and where the monies came from and what is needed to complete the project. Ms. Conley replied the itemized list of what was needed to complete the project was a part of the appropriation that was given to Council at the last meeting. Councilmember Grant asked the City Manager if he was happy with the way this item was financed. City Manager Schwab stated basically, everything Ms. Conley has said is correct. Since it is a project that went through more than one fiscal year, Ms. Conley is correct in saying that if you add up all the appropriations, you get a different number than if you add up just the expenditures. He stated at the last meeting, Council's main concern was some assurance that if they appropriated this additional $9,100.00 that the unit would be completed. They also asked staff to look at options of completing the unit or demolishing the unit and to give Council a recommendation. He stated staff is currently looking at options and have this on the Agenda for the 28th of January; a recommendation of what staff recommends for the structure. Ms. Conley stated what City Manager Schwab was trying to explain is that the $9,100.00 appropriation included approximately $4,100.00 that has already been spent and the big debate is covering that $4,100.00 that has already been spent and adding $5,000.00. Mayor Matteson stated the staff report will show a clearer picture of everything. Councilmember Grant stated whether it's $10,000.00 or $10.00, we now have a snack bar that in no way can probably ever be used as a snack bar. He stated it is now probably best suited to be used as a storage shed which is a viable option. He believes the City should have gotten involved in this project and tried to guide the well-meaning people, because the committee members themselves admitted that it is basically a lost cause. Council Minutes - 01/14/88 Page 7 Mayor Pro Tem Pfennighausen stated it distresses her talking about this facility as though it can never be made usable and that is not a fact. She stated we need to make it a commitment to make this building usable, indicating it was a good idea and is structurally sound and all we have to do is finish it and make it so it can be used. She also suggested that the use of that facility should not be free. Councilmember Grant asked how much more is it going to cost us to get it in shape to be used as a snack bar? Mayor Matteson replied, Council should have that information at the next Council meeting. PUBLIC HEARING Item 6(A) Planning Director Sawyer gave a scenario of the request of the applicant for approval of a three parcel subdivision for placement of water well facilities, indicating the Planning Department recommends that Council approve TPM 87-6 by adopting the attached resolution which includes all before -mentioned conditions of approval in his report. Mayor Matteson asked the Planning Director on Item 10, did he say dedicate? Planning Director Sawyer replied, that is not in the wording on that, but it would require that. They are improving it and it would be a dedication of right-of-way. Mayor Matteson asked shouldn't the word dedication be issued in there then? Planning Director Sawyer replied, he believes Number 9 takes care of that, it actually says dedication. Mayor Matteson opened this subject up to the public for pros or cons. Dick Aragon Mr. Aragon concurred with the Planning Director, indicating City of Riverside they would like to see in the offer, the dedication of the Real Property 44 ft. along the easterly portion of Parcel 1; that if the Services Office master plan, when accepted, does not show the need for Commerce Way, that this offer of dedication be relinquished. Planning Director Sawyer stated that if the City does not require or designate Commerce Way to go through there then there would be no acceptance of the dedication. City Engineer Kicak stated the dedication would be offered on a map prior to the General Plan Amendment being final. He felt what the City of Riverside was asking is that after the map is recorded, and should the alignment of Commerce Way be other than through that parcel, that the City take immediate action to vacate that portion, otherwise it remains as an Council Minutes - 01/14/88 Page 8 offer of dedication. Therefore, the City will be required to take an action on that to vacate that portion which is shown on the map as offered for dedication for public use and he would have no problem with that. CC-88-03 Motion by Mayor Matteson, second by Councilmember Shirley, to approve TPM No. 13050. Councilmember Grant asked if approval of this would have any adverse or positive affect in terms of potential commercial development in that area? City Engineer Kicak stated it has been reviewed through the Planning Commission and he felt it was found it would have no impact on any potential development in that area. Planning Director Sawyer replied, "that's correct," one of the things we have discussed with the City of Riverside is the Site and Architectural Review of the structures will be in a manner that they will not be obtrusive to whatever surrounding development. He stated that portion of the parcels that are not enclosed in their perimeter wall will be landscaped and maintained in a manner that would be cohesive with the rest of it. Motion CC-88-03 carried ALL AYES, to approve the Planning Department's recommendation for TPM 87-6. Item 6(B) Councilmember Shirley abstained from delibration of T.J. Aus-tyn TPM 13050, due to potential conflict of interest. City Manager Schwab stated the City Attorney was supposed to have drafted an agreement with T.J. Austyn. He stated the City Attorney called him earlier this afternoon from a hearing in Los Angeles. He stated he believed the applicant was present and indicated we should hear his discussion that he had with the City Attorney. He stated we will not be able to take any action because the actual agreement has not been drawn. We should take the input tonight and continue the Public Hearing until January 28, 1988. Mayor Matteson asked the applicant if he wanted to give their input tonight or hold off until January 28, 1988? Bill Storm Mr. Storm replied they have spent several years trying to go T.J. Austyn through with this project and have been continued several times just to get to this point. He stated they understood that the City Attorney would be present at the Council meeting tonight with an agreement, indicating they have not seen the agreement either. He believes it was supposed to have been read by his secretary to us, but they still have Council Minutes - 01/14/88 Page 9 not heard the agreement. He indicated they have been very patient, working very hard with the City to come up with a compromise plan that everyone feels comfortable with and would like to get an action on this project as soon as possible. Mayor Matteson replied there are things that have been worked out with the City Attorney and T.J. Austyn's Attorney, indicating it is hard for Mr. Storm to accept it and hard for the Council to approve without that document. Mayor Pro Tem Pfennighausen stated the impression has been given that Council has continually continued this item, but understood that T.J. Austyn periodically has requested that this item be continued also, is that correct. Mr. Storm replied, the last continuance was their request because the agreement needed to be drafted up. Mayor Pro Tem Pfennighausen stated it concerns her that we have no legal counsel present, whether Ivan or whomever we have when we have an issue like this before Council. She apologized to the applicant and felt the City Manager needed to address this problem with our legal counsel as soon as possible. City Manager Schwab replied, he has taken a look at this issue and when the City Attorney was part of a firm, he did have several partners that covered him in the event that he was not available. He stated at the next meeting, he will ask Council to designate Ivan as the City Attorney and John Harper, one of his former partners, as the Deputy City Attorney, to ensure that we do have coverage. Councilmember Grant stated he and the City Manager had talked about this and he agreed with what had been stated, that this is not a good situation. City Attorney Hopkins arrived at 6:30 p.m. Mayor Matteson asked the City Attorney if he had the agreement with T.J. Austyn? City Attorney Hopkins stated we have all the fundamentals of it, but was unable to get it typed due to not being in the office all day. He stated he talked to T.J. Austyn's Attorney today and he indicated he was in agreement with the fundamentals of it. He asked for forgiveness for being late, indicating he did not know if the Planning Director had gone over the three fundamentals. Council Minutes - 01/14/88 Page 10 Mr. Storm replied, he supposed he would be comfortable with going over the fundamentals of the agreement and if we were in agreement with that, he supposed execution of the formal agreement could occur. City Attorney Hopkins stated that is what he indicated to T.J. Austyn's Attorney because of the shortness of time. He stated the first condition of the agreement is that the street, indicating perhaps the Planning Director should go over the three fundamentals rather than he since he reached the agreement. Planning Director Sawyer stated staff has been in negotiation with T.J. Austyn trying to revise the tentative map for the properties that are adjacent to the properties to the south, which they hope to be looking at in the General Plan and the zoning issue hearings as possible larger lot requirements in that area. He outlined on the board map two of the fundamentals worked out with T.J. Austyn, and asked the City Attorney what the third one was. City Attorney Hopkins replied the lower lot's density on the south side of "G" Street. Mr. Storm stated Parcel 7, 4 lots were eliminated from that parcel reducing the total number of lots by 4 and increasing the size of all the lots probably to an average of about 11,000 sq. ft. Planning Director Sawyer stated the lots that will be running east/west on that street are going to be approximately 8,000 sq. ft., and the lots that would be located in Phase 7, would be 10,800 sq. ft. size lots enabling them to move up in lot sizes as we go up the hillside. Mayor Matteson asked the Planning Director to repeat the three conditions. Planning Director Sawyer stated: (1) lots on the street which runs east and west will increase to 8,000 sq. ft. lots; (2) street, not named on the map yet, Kingfisher, will be culdesaced and terminate at the northerly portion of that street and will access off of Pico Street with all of the lots along there increased in size to 10,800 sq. ft.; (3) In doing that they are losing some lots on that section, thereby decreasing the density of the lots in that particular section of the map. City Attorney Hopkins stated T.J. Austyn's Attorney has indicated his client has agreed to those conditions and he understands that Riverside/Highland was interested in acquiring a site there but was unable to reach an agreement. Council Minutes - 01/14/88 Page 11 Mayor Matteson asked if Council could pass this extension on the basis that that is approved. City Attorney Hopkins replied, "yes sir," after the hearing. Planning Director Sawyer stated he had a question for the City Attorney and that is in talking with T.J. Austyn's agent this afternoon, they indicated you had said they did not need to go back to the Planning Commission. City Attorney Hopkins replied, these items were already considered at the Planning Commission and anything that was not considered by the Planning Commission will need to go back. He asked the Planning Director, if he remembers, they discussed the hearing in the various minutes that he (Planning Director) was going to review and the large lots were discussed throughout this hearing. Planning Director Sawyer stated the minutes indicated that they discussed larger home sizes, not lots and that was his question, indicating his understanding from their discussion (City Attorney & Planning Director) was that we were going to have to go back to the Planning Commission. City Attorney Hopkins replied if they did not discuss larger lots, they will have to go back. Planning Director Sawyer stated that is how the report is written in his recommendation is that they do have to go back to the Planning Commission. PUBLIC HEARING Ed St. Germain Mr. St. Germain stated it would be crazy to vote on an 12600 Warbler agreement that doesn't yet exist and suggested putting this over until January 28, 1988, indicating he would like to get a copy of this agreement once it is in final form and see what it has to say. Councilmember Councilmember Evans stated Council should take Evans Mr. St. Germain's advice. If T.J. Austyn expects Council to make decisions now, it could have some very serious impact on this community, and until he has had the opportunity to see the agreement in written form, he wasn't prepared to act on it tonight. Mayor Pro Tem Mayor Pro Tem Pfennighausen concurred with Councilmember Pfennighausen Evans. Mayor Matteson stated Council will postpone this until the next meeting when Council has a copy of the agreement and asked staff to make sure that the Mr. St. Germain gets a copy of the agreement. Council Minutes - 01/14/88 Page 12 City Manager Schwab asked if Council was going to continue the Public Hearing until January 28, 1988? Mayor Matteson replied, "right." PUBLIC PARTICIPATION Dr. Terry McDuffee Dr. McDuffee stated he needs more help from the City Council 11830 S. Mt. because of the swampers at the Barton off ramp and LaCrosse Vernon Avenue Avenue. Councilmember Grant stated maybe the City Attorney could give a brief synopsis of what has been done and what can be done, indicating the Stater Bros. Company is not concerned because it has been brought to their attention and nothing has been done. City Attorney Hopkins stated he has not seen it or heard of it being a problem for quite awhile and did not know it was still a problem. He stated we had never adopted an Ordinance in regard to it, indicating he thinks the City Manager and Assistant City Manager had met with some people in regard to this. City Manager Schwab stated the Assistant City Manager obtained a copy of a loitering Ordinance which is currently being reviewed. Once it is reviewed, staff will bring it to Council for possible adoption, giving the Sheriff's Department a little more leverage to enforce loitering. Mayor Matteson stated maybe we should contact Colton and find out what they did because they use to be down in Colton's city limits and Colton ran them up here. City Manager Schwab stated it was a problem with Stater Bros. and since they are their employer, they have indicated that if any of those swampers were in front of their property, they would not permit them to come onto their property to unload any of those trucks and indicated they would go else where which is what pushed them up to our area. Councilmember Evans stated he would like for the City Attorney to do some research and come up with all the applicable sections that a Deputy could utilize to enforce the problem and then of course the proposed Ordinance. He stated if the problem still exists, it is generally very early in the morning, is that not correct? He stated he has seen them out there in the morning after 8:00 a.m. He asked Dr. McDuffee if that is when most of the trucks were coming into the warehouse? Council Minutes - 01/14/88 Page 13 Dr. McDuffee stated that he works all night and usually around 3:00 a.m. to 4:00 a.m., there is a tremendous amount of traffic passing in front of the Animal Emergency Clinic and that is when those guys start to congregate. Currently, the problem we are experiencing now is in the mornings. He gave a brief scenario about what he and his neighbors are doing to try to deter this problem. He indicated he believes Colton put "NO PARKING" signs up around the warehouse. Lt. Peppler Lt. Peppler stated in regard to enforcement, one problem they are faced with is that the offense is a misdemeanor, which requires a citation and the jails will not accept misdemeanors because of being overcrowded, that's court mandated. He stated once the swampers are issued a citation, they return again. He stated they have put out a memorandum to the deputies that are working in Grand Terrace to attack that problem by issuing citations. Another thing they are attempting to do is go after the truck drivers that are stopping on the thoroughfare picking up the workers, by giving them citations, hopefully discouraging the drivers from stopping. He stated they will continue to patrol the area and give citations if there are any violators out there. Councilmember Shirley stated she believes that once that area is developed, there will be less viable places for them to stand. Councilmember Evans stated currently we have only one deputy for the City of Grand Terrace during the hours where he believes the biggest offenses occur. He stated what we will have to look at is that Mr. Anstine, our Code Enforcement Officer, has taken some classes in basic arrest procedures. He asked if our Ordinance empowered him to issue citations. The response was, "yes." Councilmember Evans then stated he believes we need to explore those sections that the Code Enforcement Officer would be empowered to cite for, and if it means getting up at 3:00 a.m. on a selective basis, you might have to do that. City Attorney Hopkins indicated that could create a problem, a non -uniformed individual going out there with those swampers could put Mr. Anstine in danger and did not feel we wanted to expose a City employee to that. He stated we expose our police officers to that, but felt that made a difference because of their uniform. Councilmember Evans asked why was Mr. Anstine a Code Enforcement Officer? City Attorney Hopkins replied, we have a lot of Codes to be enforced. Councilmember Evans stated he was suggesting that there are sections that are not Penal Code Sections, that he would be empowered to enforce. Council Minutes - 01/14/88 Page 14 City Attorney Hopkins replied, he believes Mr. Anstine could enforce them, but wondered whether it would be safe at that time of the day to send him out there. Mayor Matteson felt we have the police to do that and should let them do it. Councilmember Evans stated the deputies have been trying to do their best, but they are not always available to address the issue, indicating they are shorthanded like we are shorthanded. Mayor Matteson stated he believes the best solution is to explore that Ordinance and bring it back to Council and then see what Council can do with that. Councilmember Grant stated he believes citing those truck drivers will help too. COUNCIL REPORTS Mayor Pro Tem Mayor Pro Tem Pfennighausen shared her concerns about water Pfennighausen pollution and air pollution, indicating some of the things the community could do to help correct this problem. She indicated her next concern was having legal counsel at every Council and Planning Commission meeting from beginning to end, indicating she has seen problems occur and Council couldn't work with them simply because of not having anyone present to legally advise them. She stated she understands the City Manager is currently preparing suggestions on how to correct this problem. Item 87-4 She stated Item 87-4 -- Adapt the HVAC System in City Hall Adapt HVAC for smoke removal from the building in the event of a fire, System indicating she thought that is what we had and questioned why it is not functioning. City Manager Schwab replied it is functioning, he believes what they were saying is that they would like us to install an alarm system and hook that up to our smoke ejection system. He believes when they do a property survey, the property surveyor takes the most conservative judgment and makes recommendations. They also recommended that we install a full sprinkling system in the entire building. He stated that was considered at the time of construction and deemed unnecessary and therefore, we didn't put one in. Mayor Pro Tem Pfennighausen stated she was going to read the sentence because what the City Manager was telling her is not consistent with what this sentence says. She read the following: Adapt the HVAC System in City Hall for smoke Council Minutes - 01/14/88 Page 15 removal from the building in the event of a fire, indicating that has nothing to do with an alarm system, that is covered in the next sentence, but she didn't understand why when we already have that, they are recommending it, asking is our system not working? City Manager Schwab replied, the system is working, he was out here for probably an hour touring the building and when Randy explained to him the smoke ejection system, he might not have understood. He stated if the smoke ejection system doesn't do anything in the event of a fire, it makes no sense having it, indicating the system is already in place in the event of a fire; that it will activate and remove the smoke from the building. Councilmember Councilmember Grant stated for the record he attended, with Grant Councilmember Shirley, as her alternate, the regular meeting of the Omnitrans Board on January 6, 1988. He stated he attended as a principal member, the SANBAG meeting. He also commended the Citizen Patrol and Mr. Petta's comments. Councilmember Grant stated he talked to the City Manager about the flooding on Arliss Drive, north of Barton Road, behind the GTI Building, indicating there are three or four homes that are down -sloped having very narrow curbs from the gutter, due to accumulation of asphalt and other materials over the years. He stated the City Manager provided him with a memorandum he received from the City Engineer in July, 1987, indicating two alternatives and cost to remedy this very serious problem. He asked if that reconstruction of Arliss Drive meant only from Barton Road, one block to the north, or does it mean the entire length of Arliss Drive? He questioned the figures of Alternative 1 ($182,000.00), and Alternative 2 ($489,000.00), indicating he could not believe that either one of those figures would only be for that one block area. He stated he did not know that that problem existed in the next block of Arliss. City Manager Schwab stated the City Engineer is going to prepare an estimate just to do the one small portion Councilmember Grant is referring to, indicating they reengineered the street. The curb and gutter included more than just the area that you considered critical. Staff will look at that one area and bring it back to Council. City Engineer Kicak stated he believes it included more than Arliss Drive, he will have to review the sketches and everything else. Councilmember Grant stated he was glad to hear staff was doing this because those people consistently suffer and the problem is getting a little old for them. Council Minutes - 01/14/88 Page 16 He stated the initial plan is to eliminate the northbound on -ramp at the bottom of Mt. Vernon onto that freeway. He stated this means that to go in a northerly direction, you are going to go all the way down past Bluff's, and that road will be expanded in terms of its width. You are going to have a real nice problem making a U-turn somewhere around there to get onto the freeway. He believes Colton and Caltrans will realize what a grave error that would be to the people in Grand Terrace. Councilmember Councilmember Evans indicated for a number of months there Evans has been some concern about a potential commercial center going in down the hill at the base of Mt. Vernon, behind the AM/PM Arco Gas Station and Bakers. He indicated a request has been made to the City of Colton to look at their alternative plans for that commercial development, as well as the entrances and exits into the facility. He indicated, staff is currently looking into the matter and hopefully within the next few weeks will give Council more pertinent information on it. He stated traffic going down Mt. Vernon will not be able to make a left turn onto the freeway on the south side and would necessitate anyone utilizing the down -hill to have to go out onto Washington, then over to the northbound entrance by the Fiesta Village. He stated this has created some real concerns because there are a number of people in our City that utilize that southern entrance to the freeway. Councilmember Councilmember Shirley reported she attended the Omnitrans Shirley Board meeting as principal member and alternate for Councilmember Grant at the SANBAG meeting. Mayor Matteson asked the City Engineer to give an update on the Barton Road curb and gutter. City Engineer Kicak stated the plans for the Edison Company undergrounding is close to completion. He stated the telephone company is running a little behind schedule, but felt they would do their work. He stated they had planned on beginning their portion of the work sometime early this year, but since Pacific Telephone Company hasn't even started their planning process or detail plans, he estimated they are running about two months behind. He stated he hopes to be under construction with the City's portion of the work probably in May, that is his tentative schedule, but will have to confirm this with the other utilities. Mayor Matteson stated we will probably be done sometime in June or July. City Engineer Kicak replied, he believes it will take longer than that, probably around the middle of August or September. Council Minutes - 01/14/88 Page 17 Recessed at 7:36 p.m. Reconvened at 7:49 p.m. Item 8(A) City Manager Schwab made reference to the part of the map he Park Acquisition will be talking about, indicating at the October 22, 1987 Council Meeting, Councilmember Evans made a six -part motion pertaining to potential parkland acquisition. He directed staff to specifically identify ten or more acres of either undeveloped land within the City. Staff has prepared a map that shows Edison parcels, DiNardo parcels, and Forest City Dillon parcels. He stated staff did identify some sites that were less than ten acres for staff purposes only. Staff has only contacted the owners that had the required ten or more acres, which are Forest City Dillon property, located next to the apartment complex on Mt. Vernon, as well as the properties on both the north and south side of Van Buren at the westerly portion. The south portion of that is owned by Edison adjacent to their power plant; the parcel to the north is owned by Mr. and Mrs. DiNardo. He stated staff has contacted all involved and have received responses back from all except the DiNardos. Forest City Dillon indicated they are still interested in creating a multi -family development that would fit the standards set by the City. Southern California Edison has indicated they are keeping that property as possible plant expansion for the future, and was not interested at this time in selling any or all of that site for a potential park site. He stated the only sites that are left are T.J. Austyn, who has expressed a negative sentiment towards parks, and the DiNardo's parcel. He stated Forest City Dillon indicated they were not interested in selling, but they realize that everything is for sale, it's just the matter of what price, indicating to him that if the City would reimburse them for all their site costs, as well as all of the costs involved with developing the plans they have submitted to Council, they just might be interested. He believes the amount Forest City Dillon is talking about is probably more than the City is willing to spend, something over $3,000,000.00 for the parcel, in order to get back all of their costs and did not feel that is realistic for the city. City Manager Schwab stated staff was asked to develop a financing plan or someway to make the acquisition feasible. He stated Council did make a commitment to designate $100,000.00 per year to parkland acquisition. He indicated looking at a possible ten -acre site at an estimated cost of $3.20 sq. ft., we are looking at $1.4 million dollars acquisition cost and over a ten-year period we could possibly get enough money to buy such a parcel. However, in ten years the price probably would not be $3.20 sq. ft. He stated the other option is to be able to use a lease financing or Council Minutes - 01/14/88 Page 18 ■ possibly a bond to purchase that land. He stated the approximate cost to service the debt on an issue sufficient to provide principle for $1.4 million dollars would be approximately $160,000.00 per year for 30 years. He stated staff would like for Council to indicate if there is a site more desirable than another. He stated if Council is interested in staff pursuing it further, staff would like the authority to obtain a commercial real estate broker to go out and test the water, get an idea of what we are looking at as far as site cost and then to develop a financing plan. He indicated if staff had a principle amount and had an idea as far as the bond or leasing market, staff could come back to Council with a proposal for financing a parcel. If at that point, staff said they would commit to negotiating for the site, then staff may or may not be able to come up with the exact dollar figure because the broker will not be empowered to make them an offer, but only to get a feel for what range they are looking at for a possible site. He stated Council would want to keep in mind that the purchase would be for the raw land only, some of the parcels we are looking at are commercial in nature, indicating if the City Council did buy a site that, if for some reason there was a desire in the future not to make a park because of financial reasons or otherwise, that land is still commercially viable and he did not believe it would be an investment that would ever go backwards. He desired Council to understand that it is strictly raw land at this point and was asking Council to identify the desired site, authorize the contacting of a broker to look at a the cost and come back with a firmer estimate as to what is felt that service will require in order for us to obtain a site. Mayor Matteson stated for a school site you need a ten -acre site, but for a park you are also open to lesser parcels and he did not think we should just go for ten acres, indicating we might find lesser acres. Councilmember Grant stated the reference made on the map was the original rendition before we narrowed it down to the ten -acre potential park site and concurred with Mayor Matteson that we have other land for a potential park. He stated Grand Terrace has a park and indicated there is nothing embedded in concrete that says it has to be ten or up in acres and felt there were lots of options in Grand Terrace. Councilmember Evans stated in June 1987, the Parks and Recreation Committee submitted a report where they said that Grand Terrace is underutilized for parks and stated that if land was not targeted and purchased soon, large acres of land will not be available for future parks. He read off the reasons the Committee felt this way. Council Minutes - 01/14/88 Page 19 He stated in October 1987, the City received a letter from Ross Geller, the principal planner doing our General Plan Update and read the pros and cons submitted by Mr. Geller pertaining to his feelings about park/complex land. Councilmember Evans stated that when he made his motion, it was with information that came from the Parks and Recreation Committee. He stated the land that has been earmarked here this evening (DiNardo's property), if never developed into a park site, is always going to be available for future development. CC-88-04 Motion by Councilmember Evans, second by Mayor Pro Tem Pfennighausen, that Council direct staff as outlined in staff's recommendation to evaluate the potential cost and the availability, estimate the financing cost and return to Council for possible further action. Mayor Matteson stated according to his recommendation, staff recommends that Council identify the desired site and authorize staff to obtain a broker to evaluate potential cost, availability, estimate the financing cost and return to Council for possible action. Councilmember Evans stated he would identify the site as the DiNardo's site in his motion. Mayor Matteson stated he will not support that motion, indicating he would rather have the City Manager contact a. local broker, have him come out and see what properties are available and present the offers to the City Council on what properties are available. He felt the brokers are the professionals in this and he would like to see them go out and do the work before Council makes a decision on this. Councilmember Evans asked Mayor Matteson what parcel he wanted to look at. Mayor Matteson stated he would rather see a broker come before Council and give a presentation. Councilmember Shirley stated she would prefer to have some other zoned property looked at rather than a commercial piece of property, indicating one of the problems in this City is our sales tax base. She stated we do have other R-3 properties that are vacant, some property up by Terrace View Elementary School, some manufacturing -zoned property, and agreed that we could probably find a combination of parcels, perhaps create two or three parks in different areas throughout the City. She stated for these reasons, she will not support the motion. Council Minutes - 01/14/88 Page 20 Councilmember Evans stated if we are going to sit here and talk about the need for parks, then he would like to see the other members of this Council identify what parcels they want for the park. He stated the Parks and Rec and the General Plan Consultant laid it out, staff came up with this and we are ignoring all three elements now. Councilmember Grant stated that Mayor Matteson and Councilmember Shirley made it quite clear that there are other areas in this town. He stated Councilmember Evans had also made it clear we need someone who is an expert in this area in terms of looking for this kind of thing, indicating we do not have this talent yet. He stated we need someone to do it and felt this is a legitimate sensible way to proceed. Mayor Pro Tem Pfennighausen stated she would like to call to the attention of Council that if we were to acquire two, three or four smaller sites, that it costs a great deal more to develop sites spread over a large area than it does to develop a large site into a centralized usable area. If you bring in a broker and we pay him for his services, he will come back with the same kind of report because the same process is going to be gone through. He is going to take a map and say what is it you need, what do you want to put on it and you come up with a certain amount of acreage and then he says, okay, these are the places that are available. Motion CC-88-04 failed with Councilmember Evans and Mayor Pro Tem Pfennighausen voting AYE. CC-88-05 Motion by Mayor Matteson, second by Councilmember Grant, that the City Manager contact a broker within the City to have him check out and see what property is available and see what they can offer the City. City Manager Schwab stated staff has been working with a broker that worked with Westar and he has already done some groundwork. He stated he was not sure we would want to switch horses. Councilmember Grant asked if the broker was doing what this motion calls for? City Manager Schwab replied, the broker is looking at some parcels, and wanted to know if Council was going to limit staff to a local broker. Mayor Matteson stated he would prefer a local broker. Mayor Pro Tem Pfennighausen asked if he had anybody in mind. Mayor Matteson brokers in the then asked the Council Minutes - 01/14/88 replied, his feeling is to take all of the City, put them in a hat and pull one out and City Manager how he was going to pick one. Page 21 City Manager Schwab replied, taking commercial real estate brokers with expertise in the area of commercial real estate. Councilmember Grant asked if there were any commercial brokers in town. City Manager Schwab replied, he would assume there was. Mayor Matteson stated if you can't find a local broker to do the job, then go elsewhere, but felt we had brokers here. City Manager Schwab asked if we were going to set any minimum size on lots, indicating the map staff prepared picks up most of the parcels of significant size. Mayor Matteson replied, the City Manager will have to do some research and find out what is adequate for a park. Councilmember Grant asked, procedurally, can you have input after the motion has been made and seconded? City Attorney Hopkins replied, as long as it's agreeable to Council. Councilmember Grant stated he would request Council to permit a member of the audience to speak because he felt he has something to say. City Attorney Hopkins stated it takes three Councilmembers to open it up to the public. Majority concurred. Tony Petta Mr. Petta stated the City need not pay a broker to bring in 11875 Eton Dr. information. He stated a broker will supply information and the compensation of the broker will be through the eventual sale of the property. Mr. Petta stated he is Chairman of the Commercial Industrial Committee of the San Bernardino Valley Board of Realtors which meets every month in San Bernardino and if the City needs additional information on any commercial/industrial brokers in the general area, the San Bernardino Valley Board of Realtors are available for information. He stated there once was a country club in the community with approximately 20 acres of land. He stated an individual pointed out that there is no reason why this City cannot have a country club once again and felt perhaps that could answer the need of having a good recreational facility in the community. He stated the same individual also pointed out a specific parcel, about 20 to 25 acres, that would be ideal. He stated the owners would probably welcome this type of development and the City would not need to spend any money because all of Council Minutes - 01/14/88 Page 22 the development would be done by the developer and the City would end up with a beautiful recreational facility. He stated it is an item he would be glad to discuss with the City Manager and explain the parcel that was pointed out. Mayor Matteson asked if he would like to let Council know where that parcel is located. City Manager replied, it's Forest City Dillon Phase II. Mayor Pro Tem Pfennighausen stated she could remember when the old country club membership was rather costly, indicating the problems they had in the past and felt everybody in this City cannot avail themselves to a country club. She stated she would resent it highly if the only recreational facility was available to only those of country club status and felt that is not what Grand Terrace is about and hopes it never gets that way. Mr. Petta stated they haven't explored the possibilities of what it would involve. It needs to be studied and we couldn't at this point just say yes or no it's viable, but to get a study and arrive at a logical conclusion. Ms. Conley stated the motion that was put before Council, Mayor Matteson had a viable suggestion when he said, are we pin -pointing exactly to 10 acres plus or is there leeway either way. She then gave her feeling about what should be done to get this complex that was recommended by the Parks and Recreation Committee. Mayor Matteson stated the only difference between this motion and the motion that was just denied was the fact that the first motion pin -pointed one particular piece of parcel and this motion opens it up to any parcel within the City. Motion CC-88-05 carried with Mayor Pro Tem Pfennighausen and Councilmember Evans voting NOE, that the City Manager contact a broker within the City and to have him check out and see what property is available and see what they can offer the City. Mayor Pro Tem Pfennighausen asked Mayor Matteson if this broker comes back in and pin -points the site that was in the first motion, will this Council finally accept that site for a park? Council Minutes - 01/14/88 Page 23 Mayor Matteson replied, "depends on how much they want for it." Adjourned City Council meeting at 8:30 p.m. until the next regular City Council meeting which will be held Thursday, January 28, 1988 at 5:30 p.m. Respectfully submitted: •ice---- - ���►.LL�i 1 -,f APPROVED: Council Minutes - 01/14/88 Page 24