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08/28/1986CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - AUGUST 28, 1986 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 August 28, 1986, at 5:34 p.m. PRESENT: Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Thomas J. Schwab, Acting City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Reverend Dale Goddard, Inland Christian Center, Colton, followed by the Pledge of Allegiance, led by Acting City Manager Schwab. ITEM DELETED FROM AGENDA - 5A - An Ordinance pertaining to adopting the 1985 Uniform Fire Code. This Public Hearing continued to September 11, 1986. CONSENT CALENDAR - Item E., Acceptance and Authorization to Record Grant Deeds for Barton Road Rights -of -Way, was removed from the Consent Calendar for discussion. CC-86-221 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar items: A. Approve Check Register No. 082886; B. Ratify 8/28/86 CRA action; C. Waive Full Reading of Ordinances on Agenda; D. Approve 8/14/86 Minutes. BARTON ROAD WIDENING RIGHTS -OF -WAY ACCEPTANCE, Councilwoman Pfennighausen felt it appropriate to give recognition and thanks to those individuals who have cooperated in this project by Council Minutes - 8/28/86 Page 2 - granting the needed rights -of -way; hoped the remaining property owners would submit grant deeds expeditiously. CC-86-222 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to accept and authorize the City Clerk to record the following Grant Deeds for Barton Road Rights -of -Way: Harold A. Heinrich (AP #277-121-17); Henry John and Sarah Lee Jay (AP #277-121-16); Ronald F. and Betty A. White (AP #277-121-51); Fern Amelia Finnegan and Joan Colleen McCabe (AP #275-242-07). Ed O'Neal, 22608 Minona Drive, reported on the following: (1) Great American Smokeout to be held November 20, 1986; felt it appropriate that a Council or Staff member be appointed to serve on a Steering Committee he plans to form to promote this event; (2) Riverside ,Highland Com an Water Rate Increase Issue - Mr. O'Neale t the- City should pursue all approaches to gain control of situation to reduce water rates. Councilman Petta outlined steps taken to date by Council. Acting City Manager Schwab advised that the City is pursuing any possibility of assisting the Water Company in securing long-term financing. Mr. O'Neal encouraged the City to use all influence. PLANNING COMMISSION REPORT - Planning Director Kicak related Title 18 Ad Hoc Committee will meet September 4, 1986; subsequent Site and Architectural Review process and fee schedule recommendations will be reviewed at the next Planning Commission meeting, September 8, 1986. PARKS AND RECREATION COMMITTEE REPORT - Minutes of the July 7, 1986, meeting were provided, which re ected election of the following officers: Louis Galvez, Chairman; Lenore Frost, Vice -Chairman; Barbara Conley, Secretary. Councilman Petta, referencing paragraph 5 of the above Minutes, voiced concern that the Committee is considering making a recommendation to sell the proposed Blue Mountain Wilderness Park site for additional park development funding; felt it Council's responsibility to make certain this natural resource is preserved; felt citizens should make this Council aware they are serious about Blue Mountain being preserved as a natural resource for the people of the City in perpetuity. HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE REPORT - Minutes of the August 4, 1986 meeting were provided. CRIME PREVENTION COMMITTEE REPORT - Minutes of the August 5, 1986 meeting were provided. EMERGENCY OPERATIONS COMMITTEE REPORT - Minutes of the June 26, 1986 meeting were provided. CHAMBER OF COMMERCE REPORT - Dave Terbest, President, reported on the following: errace a s - noted kick-off will be the Chamber/City second baseball game September 28th with a parade and Chili Cook -off to follow October 4th; encouraged community participation and support Council Minutes - 8/28/86 Page 3 - of Chamber -sponsored ads published in the Newsletter to help participating merchants generate revenue; (2) City Entrance Monument SiVs - Specific monument sign sites were shown by Community ervices erector Anstine and copies of a reduced version of actual signs were distributed; also provided was Colton Joint Unified School District's letter, dated July 31, 1986, relative to the Board granting the right to place a monument sign on the Grand Terrace Elementary School campus. Mr. Terbest requested fees relative to the monument sign application be waived. CC-86 -223 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to waive all fees required for the City Entrance Monument Signs. (3) Chamber Installation dinner on October 25; (4) FY86-87 Budget - Board of Directors projection that the Chamber's current budget will lack $20,000 to accomplish anticipated goals. Noted fund-raising events anticipated for Terrace Days have been eliminated due to high liability insurance; requested Council reconsider increasing Chamber's appropriation by $10,000, which could possibly be cut later if other funds are subsequently received. Councilwoman Pfennighausen clarified Council did not reduce the Chamber's Grant for FY 1986/87; merely allocated the same as in previous year. Mayor Pro Tem Matteson felt the Chamber is doing an excellent job; however, noted many chambers receive little or no funding from their cities. Mr. TerBest responded that most cities pay for the cost of city parades and, noting the extent of their involvement in economic development, advised most cities have an economic development organization. Further noted they provide a newsletter. Councilman Petta commended Mr. TerBest for his accomplishments as President; was not prepared to authorize additional funding without staffing; recommended, with Mayor Grant concurring, Staff provide information relative to whether funds are available without jeopardizing other projects. Councilwoman Pfennighausen noted her disappointment in last two Newsletter issues; is extremely supportive of the Chamber's economic development aspect; recommended the Chamber provide Council with an outline of what has been done in the economic development area. POLICE CHIEF REPORT - Captain Bradford, San Bernardino County Sheriff's Department, solicited aid in locating a vehicle involved in a hit and run traffic collision. In response to Councilwoman Pfennighausen regarding Renee Mendes' vehicle parking complaint, Captain Bradford assured that car has been towed away. CITY ENGINEER REPORT - City Engineer Kicak reported on the status of J, t e Barton Road widening project. Council Minutes - 8/28/86 Page 4 - CITY COUNCIL REPORTS Councilman Evans voiced objection to critical comments made by Colton Joint ni ie chool District Superintendent Russell Dickinson in a school enrollment related news article appearing in the August 24 San Bernardino Sun (copy on file in City Clerk's Department); related the article implied the City Council has been uncooperative in the school impaction situation by (1) initially delaying imposing of fees and (2) the recent fee waiver decision for the Senior Citizen Retirement Home project; felt the City is being blamed for lack of planning by the School District. Recommended, if other Councilmembers concur, a letter be transmitted from Council stating Council's position. Mayor Grant indicated concurrence. Mayor Pro Tem Matteson read an article appearing in the Colton Courier stating Grand Terrace is lagging in Builders' Fees. Agreed with the article, felt the Council is not supportive - decisions to waive fees should be left up to the School District. Councilwoman Pfennighausen advised that material she has assembled dating back to 1979 does not substantiate school impaction existed; feels schools are not being totally utilized and it is time Grand Terrace Elementary School is relocated to a better location within the City. Will continue to support school impaction fee waivers in particular situations where imposition thereof would be inequitable. Councilman Petta noted that Council, during the last eight years, has interacted and supported the School District and youth activities; feels it is everyone's responsibility to contribute to the School District, and school impaction fees should be imposed on all residential projects. Councilman Evans understood the purpose of the school impaction fees was to fund temporary classrooms, and those fees were to be imposed on development projects having the potential of generating students. Referenced a 1981 report where the School District foresaw safety problems for Grand Terrace Elementary School children due to increased traffic; the Report also projected growth. Felt it time to pressure the School District to seek a future site within the City before it is too late, resulting in relocating outside the City. Regarding a letter to be sent to the School District, Mayor Pro Tem Matteson requested that his name not be included; felt that members in support of that letter should personnally sign. CC-86-224 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, that a letter be prepared and transmitted to the School District responding and stating Council's position regarding the August 4, 1986, Sun news article relative to School Impaction Fees. Councilman Petta, concurring with Mayor Pro Tem Matteson's position, requested it be known that letter does not reflect his position. Council Minutes - 8/28/86 Page 5 - Motion No. CC-86-224 carried, 3-2, with Mayor Pro Tem Matteson and Councilman Petta voting NOE. Councilman Petta reported the following: (1) Referring to verbatim minutes of the August 4, 1986, Planning Commission meeting, voiced concern over a Councilmember statement that Council would no longer accept linear strip parks; did not recall any such Council action; felt Council should not interact at those meetings since the Planning Commission is an independent group expected to make their own decisions on matters; (2) Voiced concern about the debris on the Vista Grande parcel at the north City entrance on Mt. Vernon. Felt it should be cleaned and made into a mini -park with grass and picnic tables. Motion by Councilman Petta, Second by Mayor Grant, that Staff be directed to clean that corner, plant grass, and making it presentable. (Subsequent to later discussion, it was concurred not to include picnic tables.) Councilwoman Pfennighausen supported only cleaning up the area; concurred it would be nice to have little parks throughout the City; however, felt Staff's ability to maintain any more would be overextended. Feeling the City's Staff the most efficient, hardest workers in the County, suggested Council take time to find out all they do. Felt Council must budget for additional staff if more maintenance duties are added or hold the line. Noted efforts to provide funding for developing a park for functional sports; requested the community voice their preference. Councilwoman Pfennighausen further denied making a statement the Council would not accept anymore park strips; advised the issue was brought up in worksession, and she explained the maintenance problem due to budget constraints. Councilman Petta responded he merely read from the verbatim minutes. Regarding earlier comments on the Wilderness Park, Councilwoman Pfennighausen advised the Parks and Recreation Committee has repeatedly recommended against the Wilderness Park; she felt she could not support due to the liability involved. Mayor Grant voiced support for the mini -park since that site is located at a City entrance. Concerned about the liability issue of the Wilderness Park, but feels it is necessary to seriously consider it for the community. Regarding Councilmembers speaking before the Planning Commission or any Committee, feels they have that right as a citizen; therefore, will not make judgment - personally will not do so on any issue upon which Council may subsequently take action. Councilman Evans concurred with cleaning the site but opposed planting grass at this time due to budget constraints, feeling other areas are more in need of beautification, specifically Barton Road. Concurred with Councilwoman Pfennighausen relative to overextending Staff. Councilman Petta noted there are sufficient funds from developer fees to start development of the Edison leased park, and advised he is Council Minutes - 8/28/86 Page 6 - prepared to make a Motion to begin development as soon as the City acquires it in January. Mayor Pro Tem Matteson questioned the cost for putting in the grass. Acting City Manager Schwab advised that would have to be determined and brought to Council prior to making any appropriation. Councilman Petta's Motion failed, 2-3, with Mayor Pro Tem Matteson and Councilmembers Pfennighausen and Evans voting NOE. Recessed at 7:22 p.m. and reconvened at 7:40 p.m., with all members present. Council Reports Continued Mayor Pro Tem Matteson related receipt of his latest $150 water bill; feels the water rate increase unfair and unjust and action should be continued. Mayor Grant reported: (1) Attendance at special LAFC work session August V, 1986; (2) Call from Reverend Hays relative to break in water line on DeBerry reported to the Water Company; the problem was finally repaired; however, felt response time should be accelerated due to abundant water loss during the interim costing everyone money. REFUSE DISPOSAL SERVICE FRANCHISE PROPOSAL Acting City Manager Schwab reviewed the Staff Report dated August 21, 1986, Subject: Refuse Franchise Proposal (copy on file in the City Clerk's Department); advised that Loma Linda Disposal submitted a proposed franchise agreement between the City and the current four refuse haulers - exclusive for residential service by Loma Linda Disposal and non-exclusive for commercial service by Curran's Disposal, Mark's Disposal and Jack's Disposal. Noted Loma Linda Disposal submitted a proposal for an exclusive franchise last January, which Council rejected due to concern for lack of competition and choice for commercial refuse service. The four companies now want to protect their business interests. Staff feels the community would be adequately served by these four companies, and the City would benefit since the franchise would provide an additional source of revenue, rate -setting authority, and keep heavy vehicle traffic on City streets to a minimum. Staff recommends a residential and commerical disposal franchise; however, requests Council direction and authorization prior to entering into negotiations in event Council does not wish to consider the matter. Mayor Grant opened the meeting for public participation. Mr. Robert Sliepka, President of Loma Linda Disposal, speaking in support of the proposed franchise, cited the number of years the four companies have serviced the community. Council Minutes - 8/28/86 Page 7 - Mr. Charles Schultz, 599 No. Arrowhead, San Bernardino, Attorney with the Law Firm of Reid & Hellyer representing NEWCO (National Environmental Waste Company), noted NEWCO currently has a City business license and opposes the exclusive franchise proposal, which would prevent competition. Noting Mr. Sliepka's letter to the City dated August 6, 1986; felt it proposes to carve the City into boundaries, which poses a possible violation of antitrust legislation; noted the present five firms servicing the City provide a competitive process; cited the five-year phase out provisions of Health & Safety Code 4272 and problems with rate -setting authority. Felt, if negotiations are entered into, bids should be open to other firms. Mayor Grant closed the meeting to public participation. Mr. Schwab, responding to Mr. Schultz relative to violation of antitrust, advised the proposal would not create boundaries for various firms; the proposed agreement provides for non-performance, giving the City a recourse if not satisfied with service. Noted it is customary for a firm, in an attempt to expand its services, to reduce its rates. Responding to Councilman Evans relative to why NEWCO was not notified this matter was on the Agenda, Mr. Schwab advised this item addresses the proposal from the four firms; if Council authorizes negotiations, a franchise ordinance would be prepared and a public hearing advertised. City Attorney Hopkins clarified the proposal at this point does not contain enough specifics to imply any violation of antitrust. Favoring the proposed franchise due to its rate -setting authority and revenue, Motion by Mayor Pro Tem Matteson to direct Staff to negotiate with Loma Linda Disposal, Curran's Disposal, Mark's Disposal, and Jack's Disposal for a residential and commercial disposal franchise, to be brought back to the Council for consideration. The Motion died for lack of a Second. Councilwoman Pfennighausen advised she questioned Staff and was told the reason NEWCO was not notified was "not to create a war." Feeling that reason not justified, she took the option of calling them herself. Noted at that time she did not have the current NEWCO commercial rate schedule, which was later provided in a Memo from Staff dated August 28, 1986. Being supportive of the free enterprise system, noted she has consistently opposed exclusive franchises for Loma Linda Disposal. Councilman Evans, also supportive of free enterprise, opposed an exclusive franchise due to eliminating competition. Mayor Grant and Councilman Petta both felt the Staff Report very clear and merely provides information relative to a proposed franchise; noted the purpose of being on the Agenda is to ascertain Council's position prior to entering into negotiations. Mayor Grant, } although understanding Staff's position, felt the matter controversial and should be advertised to receive public input. Council Minutes - 8/28/86 Page 8 - Joe Avakian, President, Jack's Disposal Company, noted commercial service subsidizes residential service, allowing citizens to receive lower residential rates. Favors competition; noted the proposed franchise involves four companies, therefore, is not exclusive. Felt the number of vehicles on city streets should be limited. Sam Cardelucci, owner of NEWCO, clarified Councilwoman Pfennighausen did call his office; in turn, they notified Mr. Schultz. CC-86 -225 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, that a Public Hearing be advertised and set for September 11, 1986, relative to whether or not the City should let a franchise for a residential and commercial refuse disposal service. REQUEST FOR WAIVER OF SITE & ARCHITECTURAL REVIEW FEES - EARL WOODRING (Reference the July 25, 1986, Minutes - Public Participation, for previous action on this matter) Planning Director Kicak noted that Mr. Woodring appeared before Council at the July 25, 1986, meeting requesting waiver of the Site and Architectural Review Fees; subsequently Staff was directed to review and determine what fees, if any, should be charged. Review of previous Site and Architectural Reviews showed varying costs from $40.00 to over $1,000.00, with the average City cost at $643.23. This matter was discussed with the Planning Commission, who felt the Title 18 Ad Hoc Committee should review this portion of the Ordinance and recommend changes pertaining to individual projects subject to review by the Planning Commission versus those that should be reviewed by the Staff. With respect to Mr. Woodring's specific project, Staff recommends Council waive fees for Architectural Review. CC-86-226 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to authorize Staff to issue a building permit on the approved plans without any further architectural review or additional fees, other than the necessary building plan check and inspection fees. Following Mr. Woodring's statement that he was satisfied with above action, Motion No. CC-86-226 carried, ALL AYES. REQUEST FOR WAIVER OF FUTURE DEVELOPMENT ON OBSERVATION DRIVE, T.J. A S C. Planning Director Kicak related T.J. Austyn's request to terminate Observation Drive at Van Buren Street, in lieu of an extension of said Observation Drive southerly to Main Street in accordance with the General Plan; he outlined area on the map. Related purpose of Observation Drive, a collector, is to convey traffic north and south to major and arterial streets within the City; noted use of the proposed extension of Observation Drive will be minimal for the width proposed and, as a result of nonuse, pavement will deteriorate. Based on the General Plan, it is felt there will be insufficient development east of the line where Observation Drive is proposed to collect 11 0 Council Minutes - 8/28/86 Page 9 - traffic. Staff feels applicant's request justified and, therefore, recommends the extension of Observation Drive be eliminated. Councilman Evans felt this should have been addressed prior to adoption of the General Plan Update and that a General Plan Amendment will be required; concerned about future traffic problems; questioned possibility of requiring development of Observation Drive in event area is built out in the future. Mr. Kicak advised the Circulation Element should be amended to reflect either the change to the location of Observation Drive to the existing location of the California Aqueduct or, if eliminated, the General Plan should be amended indicating the deletion of Observation Drive from whatever point Council determines. Councilman Petta questioned whether the Developer would pay the amendment costs, estimated to be $1,500 - $2,000. Bill Storm, T.J. Austyn, voiced no objection to paying above fees if within that range. Councilman Petta questioned and Mr. Kicak assured that the Developer would be required to adequately take care of any drainage problems, noting bonding would be required prior to final approval of the Tract Map. Motion by Councilman Petta to approve the request to waive future development of Observation Drive by T. J. Austyn. The Motion died for lack of a Second. Councilman Evans voiced reluctance to approving the waiver until the General Plan Amendment is accomplished and all problems relating to realignment of the street have been reviewed. Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to deny the request for waiver, failed, 2-3, with Mayor Grant and Councilmembers Petta and Pfennighausen voting NOE. Councilwoman Pfennighausen, with Mayor Grant and Mayor Pro Tem Matteson concurring, requested item be deferred to the next meeting to allow time for additional review. Mr. Kicak advised additional information would be provided including a preliminary plan prepared by T.J. Austyn for the Observation Drive location required in City's existing General Plan and its impact on adjacent properties. Council indicated concurrence. Adjourned at 9:16 p.m. The next regular meeting will be held hur�sday, September 11, 1986, at 5:30 p.m. Respectfully submitted, --ad City Clerk APPROVED: