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09/11/1986CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 11, 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 September 11, 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 Thomas J. Schwab, Acting City Manager Ivan Hopkins, City Attorney Joe Kicak, Planning Director/City Engineer Ilene Dughman, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Councilman Petta, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. ITEMS DELETED FROM AGENDA - 2A - Certificate of Service for Sanford Collins to be awarded at a future meeting); 6A - Public Hearing - Refuse Disposal Service Franchise. ITEMS ADDED TO AGENDA - 2C - Proclamation - "International Day of Peace"; - Ontario Waste -to -Energy Presentation. SPECIAL PRESENTATIONS Proclamation - "Constitution Week" September 17 -23, 1986 Mayor Grant read and presented Proclamation to Edith Evans, representative of the National Society for the Daughters of the American Revolution. Proclamation - "International Peace Day" September 21, 1986 Mayor Grant read Proclamation; noted it would be presented to a representative of the Grand Terrace Spiritual Assembly of the Baha'is and displayed Sunday, September 21st at JAR Bicycle Shop, half -way stop for "Cycle for Peace - 1986," an event to benefit the Special Olympics. Council Minutes - 9/11/86 Page 2 - ONTARIO WASTE -TO -ENERGY PRESENTATION Mayor Grant outlined origination of this item, relating discussion of issue at the September 10 SANBAG meeting; felt matter should be brought before Council since it could potentially have an environmental impact on Grand Terrace; related his reservations to voice position on behalf of entire Council. Angelo Hazilfotis, Vice President of Energy Technology Associates, briefed Council on serious need to resolve the solid waste disposal problem; related necessity to implement an alternative means (Waste -to -Energy Facility) to work in concert with ground landfills in order to minimize potential problems of ground water pollution, migrating methane gas, and toxic emissions. Noted his firm has a Memo of Understanding with San Bernardino County - finalization anticipated within the next couple of months. In addition to a contract already secured with SCE, negotiations are being made to acquire offsets sufficient to accommodate proposed facility. Mayor Pro Tem Matteson felt nothing would be gained by taking pollution out of the water and putting it back into the air; questioned possibility of taking waste out of the basin. Responding, Mr. Hazilfotis noted, if ground water is polluted, it remains so for hundreds of years; whereas, if air pollution reaches a critical stage, a facility can be shut down to stop the pollution. Relative to possibility of transporting waste to high desert area, related strong opposition of residents and prohibitive transporting costs make that option highly unfeasible. Further noted if offsets available are not utilized for a public purpose project such as this, another private industry will buy them, which also would result in pollution. Related revenue generated by proposed facility will be distributed as follows: 80% to the County and participating cities to pay for retirement of bond issues and operation and maintenance costs; 20% will go to investors. From the loth year on, it will be a 90%/10% split. Noted project will be funded through tax exempt bonds by the California Pollution Control Financing Authority and that a 185 Million Dollar bond allocation has already been secured. Relative to studies made on amount of pollution emissions by landfills opposed to waste -to -energy facilities, noted Southcoast Air Quality Mannagement recently completed an air quality emission study on landfills which should be available within 30 days. Mr. Hazilfotis related his Company is under time constraints since facility must be operational by April 10, 1990. Encouraged participating cities urge the County Board of Supervisors to keep the process moving and project open as a viable option. Noted that future financing will be unavailable if project is lost now. Councilman Evans voiced concern with potential chemical reactions resulting from hazardous material inclusive with household garbage. Mr. Hazilfotis noted some minor explosions will occur, but equipment is designed to handle such incidents; felt it safer to burn than bury toxic wastes that cause ground water pollution. Councilman Evans, referencing presentation early in 1985 relative to proposed Li Council Minutes , 9/11/86 Page 3 waste -to -energy plant next to the SCE facilities, related previous and current concerns with the cleaning, screening, and scrubbing processes. Although realizing the problem is controversial and serious, would like documentation that proposed plant is not as hazardous as the current method of disposal. Councilman Petta noted Council rejected the 1985 waste -to -energy plant proposal, even though it would have generated considerable revenue; felt this type of facility should be isolated from populated areas. Responding to distance and cost factor problems cited by Mr. Hazilfotis, Mr. Petta emphasized the quality of life as a significant factor to the people of this valley and the need for its preservation. Mr. Hazilfotis foresaw no significant impact on the air quality by proposed facility, noting stationary (proposed facility) versus mobile pollution (automobiles, etc.) contribute less than 2% to the overall pollution in San Bernardino County. Referencing past involvement with issue, Councilwoman Pfennighausen noted landfills both pollute water and air; felt proposed facility will have a minimal air pollution factor; recommended action be approached cautiously; however, that decisions should be made now, and not deterred until landfills are full. It was clarified no funding is required, as indicated on the Staff Report, and that this presentation is merely informational. Mr. Hazilfotis acknowledged Council's need to become more familiarized with project to evaluate risks, etc.; was not seeking endorsement, but requesting this proposal be kept as a viable option; encouraged Council involvement and input. Council indicated concurrence that this matter requires additional information and should remain open as a viable option. Recessed at 6:48 p.m.; reconvened at 7:01 p.m., with all members present. ORDINANCE NO. 106 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE GRANDCITY OF RACE, CALIFORNIA, AMENDING CHAPTER 15.18 OF THE GRAND TERRACE MUNICIPAL CODE PERTAINNG TO THE ADOPTION OF THE 1985 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS. City Attorney Hopkins read the title of Uniform Fire Code and Standards Ordinance. Mayor Grant noted an amended page 12 was furnished. Acting City Manager Schwab related San Bernardino County Fire Warden's request for the City's to adopt the 1985 version of the Uniform Fire Code; highlighted important changes. Mayor Grant opened and closed Public Hearing, with no testimony given. CC-86-227 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to waive full reading and adopt Ordinance No. 106 by title only. Council Minutes - 9/11/86 Page 4 CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: 3D - Approval of 8/28/86 Minutes; 3E , Final Tract Map 11450. CC-86-228 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to approve the following Consent Calendar Items: A. Approve Check Register No. 091186; B. Ratify 9/11/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; F. Accept Cash Deposit of $1200, Approve and Authorize City Clerk to Record Release of Lien Agreement Securing Construction of Public Improvements for Robert J. and Clare E. Fitz's Property Located at 11975 Rosedale Avenue. APPROVAL OF 8/28/86 MINUTES CC-86 -229 Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem Matteson, ALL AYES, to approve the Minutes of August 28, 1986, as corrected. Additions/revisions requested by Councilmembers Petta and Pfennighausen to be made as follows: (1) Page 4, last paragraph - 0 "Councilman Petta, concurring with Mayor Pro Tem Matteson's position, requested it be known that letter does not relect his position."; (2) Page 5, paragraph 5 , "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 it due to the liability involved."; Page 9, paragraph 3 - "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." FINAL TRACT MAP 11450 (Roy C. Roberts) Planning Director Kicak related item was removed for discussion due to a change in the situation for street/sidewalk improvements whereby the City will accept the agreements/bonds for improvements in lieu of the cash deposit as outlined above; recommended approval of Final Tract Map 11450 and authorize recordation. CC-86-230 Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem Matteson, to approve and authorize recordation of Final Tract Map 11450, and accept agreements and the following bonds for street improvements: Street Improvement Bond No. 2-595-260 , $2,500.00 and Street Material and Labor Bond No. 2-595 -260 , $1,250.00. Council Minutes - 9/11/86 Page 5 - Councilman Petta advised of intent to abstain from vote due to potential conflict of interest. Motion No. CC -86 -230 carried, 4-0-1, with Councilman Petta abstaining. PUBLIC PARTICIPATION Sharon Korgan, City of Grand Terrace's Crime Prevention Officer, requested Council's support of a poster and essay contest to be held in the schools by providing 9 plaques to be awarded to winners at a Council meeting in conjuction with Crime Prevention Month (October). Noted cost would not exceed $200.00. CC -86 -231 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, that Council support the Crime Prevention Poster and Essay Contest for an estimated cost of $200.00. Ed O'Neal, 22608 Minona Drive, spoke on the following: (1) Voiced concern over closing of the Colton landfill in the near future - felt Council should consider viable options; (2) Voiced concern for increase in traffic in the area of I-215 Freeway and Washington; recommended necessary action be taken; (3) Water Rate Issue - Recommended continued follow-up; noted citizens want substantial reduction in water rates and future protection. (See "Riverside Water Company Rate Increase" below) Councilman Evans, referencing the traffic situation, understood preparation of a traffic signalization program is planned within the next six months; requested Council be furnished with all documentation available from the City of Colton and any other organizations including schematics and redesign. RIVERSIDE WATER COMPANY RATE INCREASE Councilman Petta, due to receipt of numerous calls from residents, requested outline of steps taken thusfar and current status. Acting City Manager Schwab reviewed results of the rate investigation and reports substantiating requirement for additional revenues from water sales in order to accomplish a $7-Million Dollar capital improvement plan. Noted staff recommendation made to secure long term financing in order not to burden the current users. Advised the City has been working to assist Gene McMeans, Manager of Riverside/Highland Water Co.; however, the major problem with obtaining long term financing is the Company's operating loss for the last 6-7 years. The Water Company is currently preparing an application for participation in the California Clean Water Act program, presently their only option; however, funding approval requires high prioritization, process takes time, and competition is great amongst water companies and cities. Therefore, because of the urgency, due to vast deterioration in the water system, Company has no other alternative than to acquire funds from current users. In response to Councilman Petta, Mr. Schwab advised he would contact Mr. McMeans regarding any possible City assistance for Federal grant funding. Council Minutes - 9/11/86 Page 6 - Planning Director Kicak gave overview of his findings (report on file with City Clerk); felt projected costs are realistic estimates for seven-year capital improvement plan; however, the report did not take into consideration escalated construction costs; therefore, revenues generated by the increased rates would barely cover necessary costs. Subsequent to above investigations and reports, Councilman Petta related previous Council action that recommended the Water Company Board eliminate both the share assessment and meter charges from the current billings. Mr. Schwab advised thusfar no response has been received; however, felt elimination of share assessment would be detrimental to domestic users since irrigation users would then only be charged for water used during certain periods of the year. Ed O'Neal, 22608 Minona Drive, voiced utmost confidence in Gene McMeans' ability; requested City use its powers to aid the Water Company to become number one in priority for California Clean Water Act financing. CC-86-232 Motion by Councilman Petta, Second by Councilman Evans, ALL AYES, that staff be directed to work closely with Riverside Highland Water Company to assure that every assistance is given. Dick Rollins, 22700 DeBerry Street, related the Water Company was mandated by the State to innaugarate a water conservation program; felt increasing rates an effective way to reduce consumption. Mayor Pro Tem voiced disagreement; felt the entire rate schedule unfair. PUBLIC PARTICIPATION (Cont'd) Gary Arnold, 242 South Bradford, Placentia, complimented staff on openness and cooperation; felt there has been political abuse in Placentia; related feelings on the following municipal policies and procedures: (1) Commended Council's procedure of allowing removal of items from the Consent Calendar for discussion; (2) Felt chambers of commerce should be totally self sufficient and not funded by cities; (3) Felt proclamations and resolutions should be placed last on the agenda, necessitating those accepting to observe the proceedings of the meeting; when placed first, felt those individuals are flattered into supporting/re-electing Council and, not being obligated to remain at the meeting, may optionally leave early. Citing proclamations on the agenda, felt it Councils' responsibility not to arbitrarily adopt these type of documents without completely investigating background of organization or issue supported; (4) Felt city attorneys, city managers, and city clerks should be elected positions to separate powers and allegiances. Felt there is a conflict of interest to allow city attorneys to be involved and benefit in the debt process, such as bond sales. Mayor Pro Tem Matteson voiced objection to Mr. Arnold's comments; felt it out of line for an individual to come to a council meeting where no interest lies and critique the manner in which that city is run. Mr. Arnold advised he was speaking generally in a comparative manner, with Council Minutes - 9/11/86 Page 7 - the exception of reference to the the law firm which serves both Placentia and Grand Terrace. REQUEST FOR AMENDMENT TO ORDINANCE NO. 99, DEALING WITH NOISE EMMI 0 S Acting City Manager Schwab advised that Chester Easter requested this item be placed on the Agenda; Inland Lumber and Modern Materials were notified to allow their representation. Chester Easter, 21963 Tanager, stated excessive late night and early morning truck and forklift noise is eminating from Modern Materials and Trojan Trucking Companies. Reminded Council of the concessions and agreement among adjacent residents, Inland Timber, and Modern Materials/Trojan Trucking, resulting in the adoption of Ordinance No. 99 (the compromise Ordinance which substituted "loud and excessive" for "plainly audible"). On April 8, 1986, he met with Modern Materials and, contrary to his understanding, was assured noise would be reduced during late night and early morning hours but would not cease. On June 12, 1986, excessive noise began at 10:00 p.m. and continued to 12:00 a.m., which he felt was deliberate to annoy residents. The Sheriff's Department was called and observed that incident. Not receiving further response to this complaint, he contacted the City Manager and, subsequently, met with members of Staff and the Sheriff's Department, resulting in a Sheriff's investigation. Although never receiving a copy of the report, was advised it recommended no prosecution; was told by a Sheriff's Deputy, due to lack of neighborhood support, no response would be made to further complaints and, therefore, recommended documentation of incidents. Mr. Easter felt lack of support was due to three neighbors' concerns that complaints would affect their proposed property sale and two neighbors who leave for work about 5:30 a.m. and, thereby, are not affected. Due to "loud and excessive" being difficult to define and making the Ordinance difficult to enforce, Mr. Easter requested it be amended to change "loud and excessive" to "plainly audible," as previously presented. Mayor Pro Tem Matteson felt the change would be excessive and could have an adverse affect on the entire City; felt the problem is due to not having sufficient backing of neighbors. Mayor Grant left the Council Chambers at 8:07 p.m. Responding to Councilman Evans, City Attorney Hopkins, clarifying he was not making a value judgment, summarized justification in the Investigation Report recommending that matter not be prosecuted, which was subsequent to interviews of alleged violators - it was felt Modern Materials had been cooperative, doing all in their power in an attempt to alleviate problem; the neighbors interviewed felt noise not to be loud and excessive. Mr. Hopkins classified "loud and excessive" as a subjective judgment in the eyes of the beholder and "plainly audible" as an objective standard based upon normal hearing capabilities. Mr. Easter, upon clarification that the June 12 incident was included in the report, felt it was a valid complaint. Council Minutes - 9/11/86 Page 8 - Councilwoman Pfennighausen, referencing "minority rights," felt everyone has the right to file a complaint and have it heard; has personally observed excessive noise at 5:30 a.m.; friends working for Inland Timber have repeatedly advised her of the mockery coming from Modern Materials and Trojan Trucking indicating they feel the City lacks ability to do anything about the situation. Mayor Grant returned to the Council Chambers at 8:10 p.m. Councilman Evans felt placing a subjective realm into enforcement makes a peace officer's duties more difficult. Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to take necessary action to amend Ordinance No. 99 changing "loud and excessive" to "plainly audible." Donna Gormon, 22780 LaPaix Street, employee of Inland Lumber, advised her presence is to report to her employeer on this matter; they have spoken to Modern Materials in an effort to resolve the problem, but otherwise feel is it out of their hands. Councilman Petta, with Mayor Pro Tem Matteson concurring, felt sympathetic to Mr. Easter's problem, but felt -his request would create a greater problem within the entire City; Councilman Petta recommended the Motion be withdrawn and that Staff attempt to resolve the matter in a manner that would not create problems for others. Councilman Evans noted previous Staff attempts which were ignored; therefore, his Motion stands. Edward St. Germain, 12600 Warbler, stated both versions could be challenged in court; recommended utilizing decibel level metering. Mr. Hopkins voiced concurrence; noted the original version of the Ordinance did include decibel level metering, but received much opposition; noted Staff and Mr. Easter's difficulty in obtaining anyone to administer readings. Mayor Grant opposed changing laws whenever there is a problem; indicated interest in knowing what the court would do in this case to determine whether the City possesses the mechanism to resolve the issue; concerned about statement that nuisance is being created out of spite. Responding to Councilman Evans and Mayor Grant, Mr. Hopkins advised he planned not to prosecute this case unless directed by Council; his decision was not based on concerns of court ruling, but on the Investigation Report judging this case not to be a clear-cut violation, except for the June 12 incident cited by Mr. Easter; felt the judgment would have been the same if the Ordinance contained language being requested. Noting the number of City ordinances, felt Council did not expect him to prosecute cases based upon one individual's complaint. Community Services Director Anstine advised that, by request, the County Environmental Health Department placed technicians and Council Minutes - 9/11/86 Page 9 - r equipment on Mr. Easter's property to monitor the noise level coming from Modern Materials; data showed the original proposed ordinance to be more restrictive than that of the County; therefore, the noise emissions in no way violated the County's ordinance, hence, did not violate the originally proposed City ordinance providing for decibel metering. Mayor Pro Tem Matteson left the Council Chambers at 8:44 p.m. Councilman Petta, based upon above information related by Mr. Anstine, voiced nonsupport of the Motion; recommended that Staff furnish Council with recommendations for an ordinance that courts and investigators can rely upon. Mayor Grant advised that, if the City receives increased nonaction, in situations where it is clear that violations exist, would support amending the Ordinance. The Motion failed, 2-2, with Mayor Grant and Councilman Petta voting NOE and Mayor Pro Tem absent at time of vote. Mr. Easter related that any future complaints would be made by his neighbors and not by him. Mr. Hopkins clarified, refuses to respond to the City occur during situation. ORAL REPORTS so it does not appear the Sheriff's Department this type of complaint, that many crimes within the hours associated with this type of PLANNING COMMISSION REPORT - Minutes from the meeting of August 18, 1986 were provided. e next Planning Commission meeting will be held Monday, September 15, 1986. PARKS AND RECREATION COMMITTEE REPORT - Dick Rollins, Committee member, related construction has begun on the Terrace Hills snack bar; solicited volunteers to assist on Saturday mornings. CHAMBER OF COMMERCE REPORT - Barbara Bayus, President -Elect, reported the following:Terrace Days to begin September 28, 1986, with church services at 10:00 a.m.; 2) Installation of Officers dinner to be held October 25; (3) Chamber's Economic Development Committee is progressing in a positive direction; noted excitement with regard to Planning Commission's approval of skating rink site for the ITT school. Apprised Council of Economic Development Congress scheduled for October 21 in the City of Industry. FIRE CHIEF REPORT - August 1986 Monthly Activity Report from the San ernar ino ounty Forestry and Fire Warden Department was provided. CITY MANAGER REPORT - Acting City Manager Schwab requested and Council concurred to aut orize Staff to negotiate a formal agreement with McMillin Development relative to acquiring Gage Canal rights -of -way. A summary of the offer and conditions will be furnished at the next meeting. Council Minutes - 9/11/86 Page 10 - COUNCIL REPORTS Councilman Evans noted that four Supreme Court Justice seats are on the November bal ot; recommended everyone review decisions rendered, their impact on law enforcement, and consider voting "No" on three of them. In light of above comments, Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to authorize preparation of a Resolution opposing reconfirmation of Supreme Court Justices Bird, Reynoso, and Grodi n. Councilman Petta, with Mayor Grant concurring, opposed Motion, feeling candidate choice an individual decision; Councilman Petta lacked sufficient information at this point, but would vote according to his judgment after better familiarizing himself with the candidates. Mayor Grant, although aware of their voting records, objected to availing the world of his position; will vote according to his conscience at appropriate time. Motion failed, 2-2, with Mayor Grant and Councilman Petta voting NOE and Mayor Pro Tem Matteson absent at time of vote. Councilwoman Pfennighausen reported the following: (1) Received complaints relative to a truck unloading supplies in front of Red Baron Pizza (Stater Brothers Shopping Center) due to lack of rear access, necessitating patrons to move their vehicles. Feeling such activity inhibits safety, requested, with Mayor concurring, that staff investigate and provide Council with possible solution to abate problem; (2) Requested status of a proposed marked crosswalk at Canal Street and Barton Road. City Engineer Kicak advised that the San Bernardino County Traffic Engineer recommended against a crosswalk due to lack of pedestrian facilities in that area; additionally advised that a warning signal would probably be required due to the high speed of traffic. Councilwoman Pfennighausen questioned relocating the flashing signals previously utilized at the Grand Terrace Elementary School. Mayor Pro Tem Matteson returned to the Council Chambers at 9:10 p.m. Councilman Petta opposed crosswalk unless convinced it would not be detrimental or hazardous from a Traffic Engineer's standpoint. Responding to Councilwoman Pfennighausen relative to legalities, City Attorney Hopkins advised pedestrian crossing at Canal/Barton intersection is not illegal; however, agreed it would be safer with a designated crosswalk. Community Services Director Anstine advised he would provide cost of relocating the flashing signals and a Traffic Safety Report for the proposed crosswalk with warning signals. Mayor Grant reported attendance at the SANBAG, San Bernardino County Transportation Commission, and Omnitrans meetings on September 10. Ll Council Minutes - 9/11/86 Page 11- Encouraged attendance and participation at the Joint Public Workshop to be held September 13, 1986, 8:30 a.m., relative to future planning of proposed commercial projects. Adjourned at 9:18 p.m. to an Adjourned Joint Public Workshop Session with the Planning Commission and Chamber of Commerce on September 13, 1986, at 8:30 a.m., to be followed by an Adjourned Regular City Council meeting. Respectfully submitted, APPROVED: IJ