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10/09/1986CITY OF GRAND TERRACE COUNCIL MINUTES f REGULAR MEETING - OCTOBER 9, 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 October 25, 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 Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, Planning Director/City Engineer Ilene Dughman, City Clerk ABSENT: NONE The meeting was opened with invocation by Steve Wyrick, Professor of Full Testament, California Baptist College, Riverside, followed by the Pledge of Allegiance, led by Councilman Petta. SPECIAL PRESENTATIONS Certificate of Service - Sanford L. Collins Mayor Grant read and presented a Certificate of Service to Sanford L. Collins for his outstanding service and contributions to the City while serving as Planning Commissioner. Resolution of Support - Fourth Annual Wildlife West Festival November 22-23, 1987 Mayor Grant read above Resolution supporting the Fourth Annual Wildlife West Festival, November 22-23, 1986, to be held at the San Bernardino County Museum in Redlands. Will be forwarded to Dr. Allan D. Griesemer, Director of the Museum. Proclamation - Crime Prevention Month, October 1986 Mayor Grant read the Crime Prevention Proclamation and presented it to Sharon Korgan, Community Service Officer. Ms. Korgan thanked Council and distributed pins and red bows to members to signify "Red Ribbon Week," October 27 - November 3, 1986, initiated by the Governor to stamp out drugs in conjunction with Crime Prevention Month. Council Minutes - 10/9/86 Page 2 Resolution of Appreciation to City of Grand Terrace on the Occasion of Southern California ison s Centennial Sue Noreen, SCE Area Manager, read and presented a Resolution of Appreciation to the Council commemorating 100 years of service. CONSENT CALENDAR Item 3D, Approval of the 9/13/86 Minutes, was removed for discussion. CC-86-245 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, to approve the following Consent Calendar items: A. Approve Check Register No. 100986; B. Ratify 10/9/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; E. Approve 9/25/86 Minutes; F. Accept and Authorize Recordation of the following Grant Deeds for Barton Road Rights -of -Way: Robert Zandbergen, AP #275-242-09; Dennis Stafford and Darry L. Grable, et al, AP #275-242-10; G. Accept and Authorize Recordation of Grant Deed for Right -of -Way - Barton Road Business Park, (Goode), AP #275-223-16. APPROVAL OF 9/13/86 MINUTES CC-86-246 Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, ALL AYES, to approve the Minutes of September 13, 1986, as amended, adding, prior to Motion No. CC-86-236, additional workshop discussion referencing necessity to explore alternatives to alleviate the existing Barton Road on and off ramp congestion anticipated to escalate with future development. PUBLIC PARTICIPATION Louis S. Contreras, 12652 Mirada, voiced concern and requested that Council not adopt a proposed Resolution appearing on the Agenda opposing reconfirmation of California Supreme Court Justices (See Page 10). Noted a Press Enterprise news article which caused ridiculing remarks by citizens who objected to Council attempting to dictate or mandate position of the entire City. Realized that was not Council's intent; however, felt the City faces a serious situation, not only with respect to its reputation, but more importantly the setting of precedent. Concerned ramifications of such action far outweigh any benefits derived. (� Mary Robinson, 22631 Minona Drive: (1) Requested status of the water rate issue; (2) Voiced support of proposed Resolution opposing reconfirmation of California Supreme Court Justices (See Page 10). Council Minutes - 10/9/86 Page 3 Riverside Highland Water Rate Increase Finance Director Schwab advised, subsequent to Council's prior direction that Staff continue to work with Riverside Highland Water Company in a cooperative effort to reduce rates, that the Company is preparing an application for Clean Water Bond Act funding for submission in January, which, if approved, could only be a long term solution. Mayor Pro Tem Matteson, referencing his and the Mayor's discussion with members of the Grand Jury at the last meeting and their suggestion that LAFCO be contacted for assistance, was advised LAFCO has no jurisdiction over mutual water companies; pursuant to their suggestion to create a Special District, found that was not feasible since many of the stockholders live outside the City limits. City Attorney Hopkins advised the City could literally be the governing body of a Subsidiary District; however, financing the purchase of the water company could be cost prohibitive. City Manager Armstead, referencing contact by the Special District, related an alternative suggested of placing the question of purchasing the water company (for which citizens would be taxed) on the ballot; also noted recent doubling of water and sewer rates in the City of Redlands. City Attorney Hopkins, relative to placing the matter on the ballot and presuming Council's willingness to exercise eminent domain powers, noted potential financial constraints involved due to the requirement of depositing a considerable sum with the Court. Responding to Councilman Petta's concerns, City Engineer Kicak clarified that pressure test failures have caused the need for the Water Company to re -excavate the streets after waterline installations. Sanford Collins, 22697 Brentwood, relative to acquiring financing, understands several owners of undevelopable land within the City have returned their shares to the Water Company and, therefore, have not paid any water bills for some time; recommended investigation to ascertain how much has not been paid. Mayor Pro Tem Matteson, indicating he assumed Mr. Collins was suggesting the City purchase those shares, noted it would be an expensive proposition, in view of the increased cost per share. Donald R. Ihrig, 11872 Eaton Drive, noted traffic hazard at I-215 freeway off -ramp entering Barton Road eastbound; suggested requesting CALTRANS to install a sign at the approach indicating entrance to a new line of traffic. Voiced concern with condition of portions of Barton Road and lack of centerline marking creating a traffic hazard. ORAL REPORTS PLANNING COMMMISSION REPORT - Minutes of the September 8 and 15, 1986 meetings were provided. Council Minutes - 10/9/86 Page 4 PARKS AND RECREATION COMMITTEE REPORT - Minutes of the September 8, 9 meeting were provided. Councilman Evans noted difficulty in soliciting volunteers to construct the Terrace Hills Junior High School snack bar and the upcoming rainy season; also understood a letter had been received from Colton Joint Unified School District addressing a potential hazard; therefore, suggested the City circulate requests for bids to expedite completion. Community Services Director Anstine related contact with a State Licensed Contractor who will submit a proposal; however, noted the San Bernardino County Environmental Health Department has ordered work ceased until plans are reviewed in relation to compliance with the State Health and Restaurant Act regulations. EMERGENCY OPERATIONS COMMITTEE REPORT - Minutes of the August 21, 1986 meeting were provided. CHAMBER OF COMMERCE REPORT - Dave TerBest, President, thanked participants in errace ays" and reported the following: (1) Regarding Council's previous request for justification of economic development expenditures, related over 48 1/2% of their budget has been expended in the last six months for that purpose; noted $48,500 expended for the newsletter, promotional brochures and booth, joint venture with the Inland Empire Magazine, the City Map, educational materials for the schools, and "Terrace Days." Voiced appreciation for grant funding already received, but concerned there will not be sufficient funds by early spring to continue operation; requested Council seriously consider granting additional funds. Mayor Pro Tem Matteson requested Chamber submit a current budget containing expenditures and a proposed budget for the remaining fiscal year including proposed utilization of additional funding. Councilman Evans also requested the Chamber's Budget and expenditures for the past two years. Councilman Petta, noting a great portion of the Chamber's funds are expended for economic development, suggested hiring an expert in that field to work in conjunction with the Chamber; recommended staff investigate and report to the Council and Chamber on feasibility of a cooperative effort. Mayor Pro Tem Matteson, with Mr. TerBest indicating concurrence, felt the feasibility of paying a commission for each business brought into the community should be investigated. Mr. Terbest felt the Chamber could operate effectively without the burden of economic development, feeling that to be a professional task. POLICE CHIEF REPORT - Mayor Grant introduced Detective Floyd Gilbreth, representing San Bernardino County Sheriff's Department, who reported crime statistics from September 22 - October 6 including a robbery at the Ontario Savings Bank. CITY ENGINEER REPORT - Relative to obtaining the remainder of right-of-way dedications for Barton Road widening project, City Engineer Kicak anticipated submitting an updated status report at the Council Minutes - 10/9/86 Page 5 next meeting. Visualized completion of project by the end of the fiscal year. CITY MANAGER REPORT - City Manager Armstead related forthcoming meeting etween staff and the Colton Joint Unified School District scheduled for October 13 regarding school impaction fees; will meet with the City of Colton's new City Manager on October 15. COUNCIL REPORTS Councilman Petta reported the following: (1) The poor condition of Barton Road. City Engineer Kicak related he will request the Manager of the Riverside Highland Water Company to alleviate problem by completing repairs within the next few days; (2) Requested status of the Community/Senior Center carpeting; Mr. Kicak advised an updated report will be submitted at the next meeting; (3) Citizen complaint regarding noise at the Terrace Hills Community Park generated from the playground during the day and from the park itself after hours. Motion by Councilman Petta, Second by Mayor Grant, to approve $500.00 to purchase and plant trees adjacent to the Terrace Hills Community Park. Councilwoman Pfennighausen indicated she could support the Motion if ` proven effective; however, felt professional advice necessary prior to taking any action. Based upon that, Councilman Petta, with the Second in concurrence, withdrew his Motion and recommended Staff to investigate the situation and return to Council with a recommendation. Community Services Director Anstine related the County Environmental Health Department conducted a sound test four years ago, and their recommendations were that no amount of trees would be effective. It was also determined that planting trees would impair the Sheriff's Deputies and adjacent residents' view of children at play, thereby jeopardizing their safety. Related, if Council desires more trees planted, and the proper amount of canopy of foliage is sufficient to somewhat buffer the noise, 26" box trees, spaced not to interfere with existing sewer and irrigation lines, would be required, at an approximate cost of $500 per tree. Following Mr. Anstine's response, no further direction was given to pursue investigating the planting of trees. Relative to the after - hour noise, Councilman Petta requested the Sheriff's Deputies patrol the park after closing. Councilwoman Pfenni hausen could not understand why noise created by happy children bothers people; felt a clear vision of those children must be maintained for a protected environment. Reported the following: (1) Observed youngsters removing political signs; cautioned them to the private nature of the property; requested citizens observing such vandalism to advise parties to refrain from such activity and replace any signs removed; (2) Wants street striping Council Minutes - 10/9/86 Page 6 and crosswalks maintained, regardless of cost efficiency, feeling it the City's responsibility to eliminate traffic hazards. Mayor Pro Tem Matteson reported the following: (1) Attended a Waste -to -Energy meeting with the County Board of Supervisors, which revealed that those type of waste disposal facilities are inevitable for the future; (2) Requested the City Manager apprise Staff to refrain from making sarcastic remarks to the news media about the Council or the City, since such comments could be detrimental to the City. Mayor Grant reported the following: (1) Concurred with importance of maintaining street striping; felt parties responsible for excavating the streets should be required to restore them to original condition; (2) Voiced concern about litter in the community; commended the Finance Director, while acting as City Manager, for recommending utilizing students at a nominal wage to pick up litter in the City; noted Mayor Pro Tem Matteson's suggestion of involving the Girl and Boy Scouts in that program; (3) Concurred with Councilwoman Pfennighausen relative to vandalism of political signs; (4) Concurs with suggestion for a monetary incentive for Chamber members to bring business into the community; also enthused about retaining a professional economic development consultant, feeling that individual should be paid for what he produces; (5) Felt the Sheriff's Overtime Report should periodically specify the purpose of additional hours worked; (6) Responding to Councilwoman Pfennighausen's Report, felt no one was attempting to curtail noise from happy children; felt the biggest complaint was due to noise from the park after closing. Recessed at 7:04 p.m.; reconvened at 7:19 p.m., with all members present. GAGE CANAL RIGHT-OF-WAY REIMBURSEMENT AGREEMENT - McMILLIN DEVELOPMENT City Manager Armstead related his meeting, along with City Attorney Hopkins and Planning Director Kicak, with Mr. John Hocking, President of Gage Canal Company, 7452 Dufferin Avenue, Riverside. City Attorney Hopkins related Council's previous approval of two developments requiring access across the Gage Canal. (Ref: Condition of Approval #4 (McMillin Development) that acceptable access across the Gage Canal be provided.) Further related the City's previous authorization for staff to negotiate and, if necessary, institute whatever legal proceedings necessary to acquire acquisition across the Gage Canal. Noted various conditions were required by the Gage Canal Company, Canal owner, and the City of Riverside, owner of the underlying right-of-way in which the canal is located; subsequent to lengthy negotiations, an agreement was reached with those two entities as to everything but one issue - the City wanted to enlarge and widen Canal Street, which is located on the westerly side of the canal, requiring acquisition of an additional right-of-way from the Gage Canal Company or from the City of Riverside who, by agreement, must receive approval from the Gage Canal Company prior to any such action. Council Minutes - 10/9/86 Page 7 As a requirement for approval, the Gage Canal Company conditioned that the right-of-way be purchased at a price of $30,000 (non-negotiable); the City felt the figure unreasonable and in excess of actual property value, therefore, recommended, on that basis, not to proceed. In order to expedite the process, McMillin Development, initiator of project (property has subsequently been placed in escrow for sale to Forest City Dillon), offered to provide payment of $30,000 to the Gage Canal Company and, in return, the City would reimburse them the determined appraised value of the property. An agreement to that effect was made and a cashier's check for $30,000 has been received from McMillin Development, authorizing release under certain circumstances for deposit in the City Treasury. Relative to the previously mentioned meeting with the Gage Canal Company, indicated their willingness to accept the $30,000, the other conditions, and proceed to grant the rights -of -way in three locations across the Gage Canal, contingent upon escrow being opened with a $30,000 City cashier's check on Wednesday, October 15th. City Attorney outlined the following series of actions required if Council desires to proceed: (1) Approve a Resolution specifying that Condition #4 of the Conditions of Approval will have occurred; (2) Approve the revised Contract with McMillin Development; Noted problems with the release of the $30,000 and the time frame in relation to reimbursement to McMillin; also, a five and three day time period provision which is unsatisfactory due to it being too short of a time frame. Related an appraisal of the property could be accomplished by the Title Company who did the Title Report for a figure not to exceed $2,000; however, if another appraiser is utilized, a great deal more money and time would be involved. Advised both the attorney for McMillin Development and client have related concurrence with suggested Contract amendments. Therefore, if Council desires to proceed, staff would recommend the approval of the revised Contract. (3) Approve a 3-party agreement between the City of Grand Terrace, the Gage Canal Company, and the City of Riverside, with the following conditions: 1. The easterly side of the Canal be protected with fencing along the right-of-way; (They have agreed that the fencing required by the Planning Commission's Conditions of Approval would suffice; therefore, no additional fencing would be required.) 2. That the crossings themselves be protected with fencing as they cross the canal; 3. That the City provide 16-foot openings to the canal for access by the Gage Canal Company to enable maintenance of facility; 4. That the streets leading to the storm drains be protected inasmuch as possible; 5. That the City protect the Canal right-of-way from low spots on the adjoining property; 6. That the water pipe to the canal itself be protected by reinforced concrete or a minimum of 36 inches of dirt cover and paving, and that the plans and structural protections provided on the crossing themselves be { approved by the Gage Canal Company and the City of Riverside; 1 Council Minutes - 10/9/86 Page 8 7. That the street easements, to be recorded with conditions, be acceptable to the Gage Canal Company and the City of Riverside; 8. That the City obtain three public crossings; the Gage Canal Company and the City of Riverside are to approve the utility crossings wherever they cross on those three structures; 9. That to the extent possible, the City provide the alternate ingress and egress to all property fronting along the easterly side; (Noted the developers have made that provision to the extent possible) 10. That the City of Riverside grant an additional 7 1/2 feet of right-of-way to widen Canal Street; 11. That the City may landscape the canal right-of-way in accordance with the Gage Canal Company specifications and subject to their approval, if desired; 12. That, if it is landscaped, the City of Grand Terrace will be responsible for the perpetual maintenance (watering, landscaping, etc.). City Attorney Hopkins advised that all of the above conditions have reached concurrence with City Engineer Kicak. If Council desires to proceed, staff would recommend approval of entering into such an agreement. (4) Authorize entering escrow at the Safeco Title Company in Riverside for the Canal Street property north of Victoria at a purchase price of $30,000 and authorize acceptance of the Grant Deeds, Grants of Easements, licenses and conveyances relative thereto, including all three of the crossings. (5) Approve increasing General Fund Revenues in the amount of $30,000 and General Fund Expenditures in the amount of $45,000, pursuant to Finance Director Schwab's memo of this date. Sanford Collins, 22697 Brentwood, requested clarification of proposed agreement, not seeing the benefit to the City. City Attorney Hopkins clarified the proposal would enable the City to widen Canal Street to accommodate traffic flow and would, therefore, benefit the entire community. Since the Gage Canal Company would not agree to the City having the property appraised and paying them the appraised value, McMillin Development Company agreed to pay the requested $30,000 to the Gage Canal Company, with the stipulation that the City reimburse them for the amount of the appraised value; this allows the City to do what they initially proposed. J. Brian Urtnowski, McMillin's Attorney, Law Firm of Sheppard, Mullin, Richter, further clarified that McMillin Development is virtually giving the City an interest -free loan as well as subsidizing them if the appraisal is less than $30,000. Therefore, if the land is appraised at zero value, the Gage Canal Company will be paid $30,000 without the City having to expend any funds including legal fees involved if land had to be obtained through condemnation proceedings. Responding to Mayor Pro Tem Matteson relative to condemnation, related, if the property was in fact condemned, the City would be required to pay the fair market value as well as legal costs. Council Minutes - 10/9/86 Page 9 Responding to Councilwoman Pfennighausen relative to consequences if escrow is not executed by the date specified, City Attorney Hopkins indicated eminent domain proceedings could be initiated to acquire the crossings. Advised that Mr. Hocking, President of Gage Canal Company, will not bend with conditions as set forth. Councilwoman Pfennighausen, tired of being threatened by the Gage Canal Company, noted Council was previously prepared to initiate eminent domain condemnation proceedings. If eminent domain is decided upon, suggested acquiring the entire top of the Canal to alleviate future problems securing crossings. Does not feel Council should back peddle; however, felt they should be reasonable. Noting some of the proposals were not submitted until late this afternoon, advised she is not prepared to make any approvals until able to thoroughly review all pertinent material. Mayor Grant voiced concurrence, feeling all Councilmembers should have sufficient review time to enable clear understanding of matter; advised he would also not be pushed into making a decision. Mayor Pro Tem Matteson related that Councilmembers have repeatedly reiterated their disdain toward red tape, feeling it hinders development. Noting the acquisition of Gage Canal crossings has been a problem for over a year, felt that Council should proceed tonight; believed the City Attorney made a good agreement with McMillin Development which he reviewed thoroughly. If action not taken tonight, felt a special meeting should be called tomorrow night. In light of resolving matter, Motion by Mayor Pro Tem Matteson, to follow staff recommendations and execute the proposed reimbursement agreement between the City and McMillin Development and approve appropriation of $15,000 for the Gage Canal property appraisal and acquisition of the right-of-way. Motion died for lack of Second. Councilman Evans felt proposed agreement to be extremely complicated and could, therefore, have serious ramifications; noted it may entail expenditure of City funds. Desired sufficient time for complete review of agreement in its entirety and, if matter is continued, requested the City Clerk prepare this portion of the minutes immediately for availability to Council; Mayor Pro Tem Matteson requested they be verbatim. (Subsequent to the meeting, it was clarified that minutes could be consolidated into sensible format.) Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to call a special meeting Monday, October 13, 1986, at 6:00 p.m. (Motion was withdrawn later in the meeting.) Mayor Grant noted that Monday is a state holiday (Columbus Day) and Councilman Evans, due to inablility to attend that day, requested continuing item until the next Council meeting to enable everyone to get full input. Mayor Pro Tem Matteson felt Council should take action tonight, noting if opportunity is jeopardized and matter ends up in court (eminent domain proceedings), project could be prolonged for another year. Council Minutes - 10/9/86 Page 10 Suggested the City Attorney contact the Gage Canal Company for an extension. City Attorney Hopkins related he could attempt to get the deadline extended. Councilwoman Pfennighausen noted absolutes are not being dealt with at this time since it is unknown whether the Gage Canal Company's Board of Directors will even accept the proposed agreement. In light of above discussion, Mayor Pro Tem Matteson withdrew his Motion, with its Second (Councilman Petta) in concurrence. CC-86-247 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, that item be continued to the meeting of October 23, 1986, carried, 4-1, with Mayor Pro Tem Matteson voting NOE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, OPPOSING THE RECONFIRMATION OF CHIEF JUSTICE ROSE BIRD AND ASSOCIATE JUSTICES CRUZ REYNOSO AND JOSEPH GRODIN TO THE CALIFORNIA SUPREME COURT. Relative to above Resolution, Mayor Grant noted a clear distinction between a legislative body taking a position on a ballot measure and a candidate; felt the Resolution implies Council is acting on behalf of the citizens, urging people to oppose the Justices at the polls. Wanted it clear he is not committing his position on the three Justices, feeling that to be his own business. Felt individual Councilmembers have the prerogative to advise of their position; encouraged reconsideration of this matter. Mayor Pro Tem Matteson felt it a city official `s duty to look out for the health, benefit, and safety of constituents. Cited case of Theodore Frank wherein Rose Bird overturned the death penalty as well as the conviction based on a technicality of inadmissible evidence. Felt the Resolution is addressing a strong law and order issue, not a candidate. Motion by Mayor Pro Tem Matteson to adopt the newly submitted version of a Resolution opposing reconfirmation of Justices Bird, Reynoso, and Grodin, died for lack of a Second. Councilwoman Pfennighausen advised of her reconsideration of matter due to it becoming a publicized issue and realizing its potential impact upon her candidacy for re-election. At this point, does not feel adopting the Resolution as important since people are aware of where the Council stands; however, felt it important that elected individuals have enough backbone to make a stand. Personally has been a victim of a violent crime and supports victim's rights; therefore, hopes all three are removed and replaced with responsible judges that will back law enforcement and the criminal justice system. Councilman Petta respected Mayor Pro Tem Matteson's views, feeling he had valid reasons for his action; however, agreed with Mayor Grant. Council Minutes - 10/9/86 Page 11 Related that citizens have advised him of their objection to the Council telling them how to vote. For that reason did not support the Resolution, not because of taking a position one way or another. Councilman Evans stated his initial suggestion for the Resolution was not made in the vein of being arrogant, but based upon the recognition that crime impacts everyone's lives and is everyone's concern; felt that the justice system appears to be weakened by judicial decisions that favor the criminal. Encouraged all elected officials who truly believe in a strong criminal justice system to take a stand; did not view any difference between this issue and a ballot measure. Mayor Pro Tem Matteson felt the proposed Resolution does not tell people how to vote; noted that two members feel Council should take a stand; however, did not support the Motion. REQUEST FOR PROPOSALS - ARCHITECTURAL/ENGINEERING SERVICES FOR THE SCE PICO PARK -SITE DESIGN F86-16) Community Services Director Anstine related, effective January 1987, the existing tenant (Marygold Farms) will vacate the SCE Pico park - site property. Since specific requirements must be adhered to, related staff recommendation that Council consider authorizing "Requests for Proposals" to retain the services of a qualified landscape architect to finalize the design for submission to Southern California Edison for approval. Following clarification that schematics are not concrete and no funds CC-86-248 will be expended at this time, Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, ALL AYES, to authorize Requests for Proposals for Architectural/Engineering services for the design of the SCE Pico park site (RFP 86-16). Adjourned at 8:18 p.m. The next regular meeting will be held Thursday, October 23, 1986, at 5:30 p.m. Respectfully submitted, APPROVED: ayo r