Loading...
03/13/1986CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - MARCH 13, 1986 A regular meeting of the City Council of the City of Grand order in the Council Chambers, Grand Terrace Civic Center, Grand Terrace, California, on March 13, 1986, at 5:37 p.m. PRESENT: Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, City Clerk ABSENT: None Terrace was called to 22795 Barton Road, The meeting was opened with invocation by Dr. Trevie Dean, Assistant Professor of Religious Education, California Baptist College, Riverside, followed by the Pledge of Allegiance, led by Councilman Petta. RESOLUTION NO. 86-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDERNARDINO COUNTY, CALIFORNIA, DESIGNATING SPECIAL COUNSEL AND UNDERWRITER INCIDENT TO THE ISSUANCE OF REFUNDING CERTIFICATES OF PARTICIPATION IN THE PRINCIPAL AMOUNT ESTIMATED AT $4,000,000, AND MAKING OTHER DETERMINATIONS. Agreement for Special Counsel Services (Refunding Certificates of Participation G C- - RESOLUTION NO. 86-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN BERNARDINO COUNTY, CALIFORNIA, DESIGNATING A TRUSTEE AND ESCROW HOLDER FOR THE ISSUANCE OF REFUNDING CERTIFICATES OF PARTICIPATION IN THE PRINCIPAL AMOUNT ESTIMATED AT $4,000,000, AND MAKING OTHER DETERMINATIONS. RESOLUTION NO. 86-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, A BERNARDINO COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF CERTAIN AGREEMENTS INCIDENT TO THE ISSUANCE OF REFUNDING CERTIFICATES OF PARTICIPAION IN THE ESTIMATED PRINCIPAL AMOUNT OF $4,000,000, AND MAKING OTHER DETERMINATIONS. RESOLUTION NO. 86-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1GRAD TERRACE, SA BERNARDINO COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING ISSUANCE AND DELIVERY OF REFUNDING CERTIFICATES OF Page 1 - (3/13/86) PARTICIPATION IN THE ESTIMATED PRINCIPAL AMOUNT OF $4,000,000, PURSUANT TO SECTION 5.01 OF THE TRUST AGREEMENT AND OTHER ACTIONS NECESSARY FOR THE CLOSING INCIDENT TO THE SALE OF THE REFUNDING CERTIFICATES. RESOLUTION NO. 86-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN RNARDINO COUNTY, CALIFORNIA, APPROVING THE PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT FOR REFUNDING CERTIFICATES OF PARTICIPATION IN THE ESTIMATED PRINCIPAL AMOUNT OF $4,000,000 AND AUTHORIZING AND DIRECTING DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT. RESOLUTION NO. 86-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRACE,GRAND ERNARDINO COUNTY, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT INCIDENT TO THE SALE OF REFUNDING CERTIFICATES OF PARTICIPATION IN THE ESTIMATED AMOUNT OF $4,000,000 AND MAKING OTHER DETERMINATIONS. RESOLUTION NO. 86-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ERNARDINO COUNTY, CALIFORNIA, DESIGNATING OFFICERS TO EXECUTE CERTIFICATES REQUESTING DISBURSEMENT OF FUNDS FROM THE DELIVERY EXPENSE ACCOUNT PURSUANT TO SECTION 6.02 OF THE TRUST AGREEMENT FOR THE ADMINISTRATION OF REFUNDING CERTIFICATES OF PARTICIPATION IN THE ESTIMATED PRINCIPAL AMOUNT OF $4,000,000 AND MAKING OTHER DETERMINATIONS. RESOLUTION NO. 86-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN BERNARDINO, COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING DISBURSEMENT OF FUNDS FROM THE DELIVERY EXPENSE ACCOUNT PURSUANT TO SECTION 6.02 OF THE TRUST AGREEMENT FOR ADMINISTRATION OF REFUNDING CERTIFICATES OF PARTICIPATION IN THE ESTIMATED PRINCIPAL AMOUNT OF $4,000,000. City Manager Armstead related the following corrections to Attachment 1 of the Staff Report as follows: Column 2 - "Proposed Debt Service," Column 3 - "Current Debt Service;" advised refinancing will save the Agency in excess of 1.3 million dollars over the remaining life of the financing and recommended approval of Resolutions pertaining thereto. CC-86-54 Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to adopt Resolution Nos. 86-14 through 86-21 and authorize Mayor to execute Agreement for Special Counsel Services (GTC 86-05), upon approval of the City Attorney. Following clarification by Attorney Gene Nazarek, Bond Counsel, Motion No. CC-86-54 carried, ALL AYES. Recessed at 5:48 p.m.; Reconvened at 5:50 p.m., with all members present. CRIME RESISTANCE GRANT PROGRAM, CAPTAIN PHIL SCHUYLER Captain Phil Schuyler, San Bernardino County Sheriff's Department, reported contact with Sacramento relative to refunding of Crime Page 2 - (3/13/86) Resistance Program Grant assured 95% approval of 2nd year funding at the same cost or possibly $500 less than last year; advised grant is set up on an 80/20 match basis, anticipates receiving $25,000 from the State, therefore, cost to the City would be approximately $13,286; will provide a breakdown of costs when proposal is presented. Responding to Mayor Grant, concurred with idea of incorporating objectives and goals of the Crime Prevention Committee into the grant. SPECIAL PRESENTATIONS Certificate of Service - Barbara Mathews Mayor Grant related, with regret, that Barbara Mathews could not be present to accept award; read Certificate of Service in recognition of outstanding service to the community and advised it would be delivered to her. Proclamation - Girl Scout Week, March 10-16, 1986 Councilwoman Pfennighausen related opening of Girl Scout Week observed at Inland Center by the San Gorgonio Girl Scout Council. CC-86-55 Following brief discussion, Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to recognize the 74th birthday of the Girl Scouts of U.S.A. by preparing a Proclamation to be delivered to the San Gorgonio Girl Scout Council Office. CONSENT CALENDAR The following item was removed from the Consent Calendar for discussion: 4D - Minutes of 2/27/86. CC-86-56 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to approve the following Consent Calendar items: A. Approve Check Register No. 031386; B. Ratify 3/13/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; E. Authorize Mayor to Execute & City Clerk to Record Notice of Completion - Barton Road Reconstruction Project (GTC-85-12); F. Authorize City Manager to Attend Annual California Municipal Treasurer Association Pre -Seminar in Bakersfield, April 21-22, 1986. APPROVAL OF 2/27/86 MINUTES CC-86-57 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the Minutes of February 27, 1986, with the following Page 3 - (3/13/86) correction and addition: (1) Page 1, Item (2) under Wilderness Park Committee, correct from 10 acres to 1 acre; (2) Page 5, under Public Participation, add to Councilwoman Pfennighausen's statement: "Councilwoman Pfennighausen felt that economic development encompasses all areas of development that either add to or detract from the economy of an area which includes commercial, industrial, and residential." PLANNING COMMISSION REPORT - Planning Director Kicak reported the next Planning Commission meeting will be held March 17, 1986. Responding to Councilman Evans relative to hiring a new Planning Director with Urban Planning background, advised recruitment had been unsuccessful thusfar - current staff will handle the planning functions until such time as a replacement is found; however, due to Alex Estrada's resignation, running behind schedule on projected Master Plan time -table. CRIME PREVENTION COMMITTEE REPORT - Mayor Grant noted correspondence received fromO'Neal,ate arch 3, 1986, encouraging City to renew Crime Resistance Program grant. ECONOMIC DEVELOPMENT AD HOC COMMITTEE REPORT - Minutes of February 4, 1986 meeting were provided. Councilwoman Pfennighausen reported the following: (1) Joint venture with the Chamber of Commerce relative to promotional inserts to appear in the Inland Empire Magazine; Grand Terrace will be featured in the May issue. City Manager Armstead related City will fund half the expense for the brochures. Mayor Grant requested Chamber of Commerce Report be added to the Agenda since they will be represented at each meeting. Dave TerBest, Chamber of Commerce President, reported the following: (1) Anticipates the total cost of promotional inserts at $4,000; (2) Requested Proclamation be prepared deeming September 26 - October 5 as "Terrace Days" and required permits for events; in conjunction, planned activites include a carnival, triathlon (biking, swimming, and running), chili cook -off, parade, and country fair; would like event to be a joint venture with the City; (3) Fund-raising auction to be held April 12, 1986 at the San Bernardino Hilton. In conjunction with Chamber's fund-raising auction, Ellie Minesinger, Board of Director's member, requested permission to auction the privilege to name an unnamed street in Grand Terrace, subject to Council's approval. Mayor Grant, with Councilman Petta concurring, supported idea; however, felt the Historical and Cultural Activities Committee should be involved and provide input. CC-86-58 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES, to approve the Chamber of Commerce auctioning the naming of a street in Grand Terrace at its fund-raising auction on April 12, 1986, subject to coordinating with the Historical and Cultural Activities Committee. Page 4 - (3/13/R6) CITY ENGINEER REPORT - City Engineer Kicak reported the following: Title 18 Ad Hoc Committee met February 6, 1986, at which time a plan was chartered for review of Title 18 - future meetings will be held 1st and 3rd Thursday of each month at 7:00 p.m. in the Civic Center Community Room; (2) HUD has advised that 1/4 of Mt. Vernon and Barton Road signalization, including securing right-of-ways, would be eligible for CDBG funding. CITY ATTORNEY REPORT - City Attorney Hopkins reported the following: Requested aut orization to file criminal charges for violators of City Ordinances; related three will be filed next week and four are pending relative to violations of the Sign Ordinance - will provide names of businesses not conforming to Ordinance prior to next meeting. CC-86-59 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, to authorize the City Attorney to proceed with filing of Ordinance violations. Councilman Petta objected to citing businesses with non -conforming signs that remain in violation of Ordinance; sees variance procedure as an exercise in futility and harassment to the business community; recommended all non -conforming signs be grandfathered. Motion by Councilman Petta that signs presently in violation be grandfathered and individuals who previously paid $50 to apply for a variance be refunded. Motion died for lack of Second. Councilwoman Pfennighausen felt such action would be unfair to businesses who have complied. Mayor Pro Tem Matteson, although initially in favor of grandfathering the non -conforming signs, felt it too late to change procedures. PARKS AND RECREATION COMMITTEE REPORT Tour Bike Ride Event - Dick Rollins, Chairman, requested Council's support; advised ommittee is prepared to use its appropriation to support event. CC-86-60A Motion by Councilwoman Pfennighausen, Second by Mayor Grant, to review and accept Tour Bike Ride Event sponsorship. Councilwoman Pfennighausen expressed concern relative to the term sponsorship; felt a better word could be used to denote support. Councilman Evans voiced concern with City undertaking actual sponsorship and suggested exploring businesses to sponsor program. To avoid any misinterpretation of sponsorship, supported reviewing and accepting event in concept and offering suggestions to the Committee. Councilwoman Pfennighausen clarified intent of Motion was to set program in progress, feeling mere review and acceptance in concept only would not accomplish that. CC-86-60B Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to amend Motion No. CC-86-60A to review and accept Tour Bike Ride Event in concept only. Page 5 - (3/13/86) Motion No. CC-86-60B, to amend Motion No. CC-86-60A, carried, 3-2, with Mayor Grant and Councilman Evans voting NOE. Motion No. CC-86-60A, as amended by Motion No. CC-86-60B, carried, ALL AYES. (2) Mr. Rollins reported his attendance at the Parks and Recreation Conference in Fresno; encouraged Council's support of Proposition 51 relative to "Deep Pockets" and voiced his support thereof. Recessed at 7:20 p.m.; reconvened at 7:33 p.m., with all members present except Councilman Petta. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RESCINDING ALL DOCUMENTS IN CONFLICT WITH THIS ORDINANCE AND ESTABLISHING A COMPREHENSIVE SCHEDULE FOR FEES, TAXES, AND FINES FOR PERMITS, LICENSES, SERVICES, FACILITIES, AND ACTIVITIES PROVIDED BY THE CITY OF GRAND TERRACE. (Second Reading) City Attorney Hopkins read title of Ordinance; advised of purpose and related staff recommendations for continuation of Public Hearing to compile requested list of fee changes. Councilman Petta returned at 7:35 p.m. CC-86-61 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to continue Public Hearing on Fee Ordinance to March 27, 1986. CITY COUNCIL REPORTS Mayor Pro Tem Matteson reported the following: (1) Questioned status of roof leaks in t e ivic Center; (2) Extended condolences to Planning Commissioner Collins and family for the passing of his wife. Mayor Grant reported attendance at Omni trans /SANBAG meeting on March ; ocal tax revenue sources were discussed. Suggested staff contact Wes McDaniels, Executive Director of SANBAG, and his staff for more details relative to possible interchange funding via increased transportation tax. BLUE MOUNTAIN WILDERNESS PARK - PROPERTY EXCHANGE City Engineer Kicak presented map designating property City would acquire and property Mr. Dennis Kidd desired in exchange; advised material presented for informational purposes only - no action required. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, AMENDING THE MUNICIPAL CODE OF THE CITY OF GRAND TERRACE, SECTIONS 18.60.040A, 18.60.040E AND 18.60.040C, PERTAINING TO OFF STREET PARKING. (First Reading) 0 Page 6 - (3/13/86) City Attorney Hopkins read title of Ordinance and related amendment pertained to the requirement for enclosed garages, in lieu of carports, for multi -family residential zones; advised of Planning Commission's Resolution recommending approval. Barney Karger, 11668 Bernardo Way, spoke in opposition, feeling the requirement for attached garages should be individually determined and not mandatory. If the developer can prove it more advantageous to have a detached garage, the option should be available, subject to Council approval. Councilman Petta concurred with Mr. Karger's observations, feeling them worthy of consideration. Relative to Councilman's Petta initiation of amendment to avoid any misinterpretations of current Ordinance, Councilman Evans felt proposed changes do not clarify, but rather change original intent; observed, with the exception of a portion of Mt. Vernon Villas, all multi -family development projects within the City have either been approved or completed and would not be affected by proposed Ordinance; therefore, viewed intent of amendment as a direct attack on the aforementioned project; saw no justification for immediate passage of Ordinance; felt subject can be adequately addressed by the Title 18 Review Ad Hoc Committee prior to submittal of any future development proposals; thus, expressed opposition to proposed amendment at this r— time. I Councilman Petta felt both the Planning Commission and the Council did not intend to approve the Mt. Vernon Villas project as submitted, resulting in a project not satisfactory to neighboring residents; therefore, intent of proposed Ordinance is to salvage as much as possible, with respect to the portion not approved; thus, supported Ordinance. Based on his feeling enclosed garages maintain a higher standard of living and less potential for crime, Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to adopt first reading of Zone Ordinance by title only, with Section 1, Section 18.60.040A amended to read, "A. At least one parks n pace shall be a single car enclosed garage." Motion by Councilman Petta to amend by adding a clause wherein a developer would be required to show the advantage of not having attached garages and submit alternate proposal to Planning Commission for approval. Motion died for lack of Second. City Attorney Hopkins advised amending proposed Zoning Ordinance would require review by the Planning Commission; therefore, effect of Motion would be to refer item back to the Planning Commission for consideration and resubmittal within 45 days; however, advised the attached garage requirement could be waived through the variance process. Page 7 - (3/13/86) CC-86-62 In light of above remarks, Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to adopt first reading of Zone Ordinance by title only. Motion No. CC-86-62 carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. 0 Relative to that portion of the Mt. Vernon Villas project not as yet approved, Councilman Evans questioned possible legal repercussions above action could have. City Attorney Hopkins related that Forest City Dillon feels the City put them to exposure by the sale and official statement of the bonds, resulting in their expenditure of $75,000 toward the entire project; thus, changing zoning requirements at this point could result in potential liability for the City. FINAL TRACT MAP 13050 (T.J. AUSTYN) City Engineer Kicak referenced letter from Fieldcrest Homes, dated March 5, 1986, requesting Council approve Final Tract Map 13050, subject to receipt of the required subdivision bonds within a forty-five (45) day period following approval; related staff recommendations relative to conditional final approval. Bill Storm, representing T.J. Austyn, developer of project, advised above referenced property is in escrow with Fieldcrest Homes; however, the bond financing cannot be secured prior to obtaining final subdivision approval. CC-86-63 Following clarification, Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, ALL AYES, to approve and authorize recordation of Final Tract Map 13050 subject to conditions that the delivery of bonds for the improvements and executed subdivision agreements be made within 45 days of this date. VIVIENDA AVENUE OVERHEAD BRIDGE CONTRACT AWARD (GTC 86-02) City Engineer Kicak advised five bid proposals were received; the lowest in the amount of $276,666 from Bonadiman-McCain exceeded the Engineer's estimate by $5,000; received Caltrans approval and they intend to fund the 80% of that overage; recommended awarding Contract to lowest bidder. Councilwoman Pfennighausen voiced concern relative to overrides and change orders commonly generated from low bidders and questioned previous background of contractor relative thereto. City Engineer Kicak advised firm was highly reputable; past experience on two projects revealed company to be reasonable with respect to securing change orders unless absolutely warranted; related that contractor, in reviewing bid proposal due to considerable difference from other bids, felt everything of major concern had been accounted for in their calculations. Mayor Grant emphasized importance of taking precautions with details of cost overrides, using knowledge gained from prior experience. CC-86-64 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to award the construction contract (GTC 86-02) for the Vivienda Avenue Overhead Bridge Project to Bonadiman-McCain, Inc. for the amount of $276,666.00. Page 8 - (I/ill/AA) RESOLUTION NO. 86-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SANTERNARDINO COUNTY, CALIFORNIA, CONSENTING TO THE SALE AND TRANSFER AND ASSIGNMENT OF ITS CABLE TELEVISION SYSTEM AND FRANCHISE. City Attorney Hopkins related Resolution consents to the transfer of ownership from Group W Cable to Comcast Cablevision of California, Inc. - this will in no way change the City's current franchise ' agreement. Responding to Councilwoman Pfennighausen relative to the studio, van, Emergency Override and Status Monitoring System requirements of present franchise agreement, Mike Kemp, Group W Cable, 2090 North "E" Street, assured that Comcast fully intends to fulfill and honor all obligations of current contract; will provide emergency access number for the Emergency Override System to the City Manager. CC-86-65 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 86-13 and authorize the Mayor to execute the necessary documents regarding sale and transfer. Adjourned at 8:39 p.m. The next regular meeting will be held Thursday,- March 27, 1986, at 5:30 p.m. Respectfully submitted, APPROVED: Page 9 - (3/13/86)