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10/23/1986CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - OCTOBER 23, 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 23, 1986, at 5:44 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 Pastor Ray Williams, Grand View Baptist Church, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. CONSENT CALENDAR Item 2A, Check Register No. 102386, was removed for discussion. CC-86-249 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar items: B. Ratify 10/23/83 CRA Action; C. Waive Full Reading of Ordinances on Agenda; D. Approve 10/9/86 Minutes; E. RESOLUTION NO. 86-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAN TERRACE, CALIFORNIA, APPROVING THE APPLICATION FOR 1986 STATE GRANT MONIES UNDER THE PROVISIONS OF THE COMMUNITY PARKLANDS ACT OF 1986. (Pico Park Site Development) CHECK REGISTER NO. 102386 Following clarification of Warrant Nos. P4724, Street Repair Preston/Palm, P16348, Lights, I-215/Barton 8/86, and P16381, Street CC-86-250 Striping, Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem Matteson, ALL AYES, to approve Check Register No. 102386, as submitted. t Council Minutes - 10/23/86 Page 2 PUBLIC PARTICIPATION Mary Robinson, 22631 Minona Drive, questioned status of water rate issue; additionally, encouraged support of Proposition 62. Water Rate Issue City Manager Seth Armstead related water rate comparison survey of various cities will be provided at next meeting. Mayor Pro Tem Matteson, subsequent to considerable research, felt Council lacks ability to do anything about the water problem; saw no alternatives at the present time. Councilman Petta noted Council's direction that staff cooperate with Riverside Highland Water Company in an effort to acquire State financing for capital improvements to alleviate cost to the consumer. Finance Director Schwab related no change in status of securing long term financing through the State Clean Water Bond Act; noted a joint powers authority has been investigated; however, that type of agreement would require the City's involvement with management and direction of the Water Company. Councilman Petta requested Council's concurrence that staff be directed to pursue that avenue. Dick Rollins, 22700 DeBerry, relative to the upcoming elections, felt proud that Urand Terrace has never resorted to poor political campaign practices as other cities and states have done. Emphasized importance of individuals familiarizing themselves with issues and candidates prior to voting. Nabih Akar, 22491 DeBerry, owner of Arco station located at 22087 Barton Road, related prior Council approval of opening a mini -mart at same location contingent upon his dedication of 11 feet of land to the City and his agreement to share the expenses ($22,500) of widening Michigan Street. After two years of negotiations, was finally able to buy the property and is now ready to dedicate and share with the expenses to widen Michigan; therefore, requests renewal of previously approved building permit, currently expired; noted it was not approved by the Planning Commission due to the proposed colors of the structure, which he has no power to change since they are Arco colors. Councilwoman Pfennighausen advised the project was continued to the November 3 Planning Commission meeting, not denied; felt it ridiculous a project is delayed two years - the City cannot afford continual harassment of businesses; felt the Planning Commission should be made aware of the revenue businesses generate and encouraged to move such projects along, and those members who continue harassment should be removed. Councilman Petta, not knowing the facts, wished not to make accusations against the Planning Commission; questioned and it was clarified the permit has been approved and extended with exception of the architectural review relative to the building colors; noted this matter would not come before Council unless in the form of an appeal. City Attorney Hopkins advised Council can direct the Planning Council Minutes - 10/23/86 Page 3 Commission to reach a decision at its next meeting and, if it does not, an appeal can then be considered. L CC-86-251 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to direct the Planning Commission to reach a decision on this matter at its November 3, 1986 meeting. Mayor Pro Tem Matteson felt the Planning Commission is doing a good job and often takes undeserved criticism; relative to the two-year delay in Mr. Akar's project, wanted it clear Mr. Akar did not say he was being harassed; the two-year delay was due to his inability to secure the land for dedication to the City. Responding to Councilwoman Pfennighausen relative to whether equitable and expeditious treatment had been received from the Planning Commission, Mr. Akar advised he would not have come before Council if he felt that to have been the case. Councilman Evans noted his attendance at the last Planning Commission meeting; was amazed this item was delayed because of colors, noting there is no theme for colors along Barton Road at this time; stated one Commissioner even suggested he move his building. Although Mr. Akar's two-year delay may have been economics, he is now ready to proceed and is being delayed or possibly stopped due to a color issue. Felt this is harassment when specifics are not given. Councilman Petta objected to accusations that the Planning Commission is harassing people, noting the delay was due to conditions Mr. Akar had to overcome. Noted the meeting is being televised, felt members should be present when any accusations are made. Felt if there is any fault, it lies with the Council because it gave the Planning Commission authority to make decisions, even on colors. Concurred with Mr. Akar's point on colors and felt the Planning Commission will make the right decision at the next meeting and, if not satisfactory, advised Mr. Akar can then come before Council. Richard Britton, a Grand Terrace resident for 12 years currently residing in ewport Beach, advised he still retains an ownership in the Town and Country Professional Center as well as the 6.9 acres directly behind. Related his decision to become active to expedite the project for finalization and questioned requirements. City Engineer Kicak advised of his continuing attempts to resolve the alignment issue of the roadway crossing Gage Canal; the project was submitted to the Planning Commission with recommendations at the last meeting and, due to length of previous Agenda items, was continued until the next meeting (November 3), at which it will be the first Agenda item. Councilman Evans questioned and was advised his prior recommendation for the Planning Commission to outline some basic themes and guidelines for developers had not been accomplished; therefore, felt Council Minutes - 10/23/86 Page 4 it is time to give direction for Planning Commission workshops to initiate that project. Council related a Master Plan had been developed for Areas 10, 11, and 12 with developers' participation; however, due to a request to form an assessment district which was denied, the plan fell through. Mr. Britton advised he would not be interested in working with other developers in a joint venture, feeling accomplishment of such an endeavor infeasible. Following further discussion relative to relocation of power poles and other alternatives, Council recommended no action until such time as issue is before Council, which will be determined following the Planning Commission's action at its November 3 meeting. Recessed at 7:15 p.m., reconvened at 7:29 p.m., with all members present. Lucille Hays, 22114 DeBerry Street: (1) Questioned the designated smoking areas in the Civic Center; objected to smoking being allowed in the lobby adjacent to the Council Chambers; (2) Voiced objection to the Arco Service Station being allowed to sell beer due to its close proximity to Grand Terrace Elementary School. Following City Attorney Hopkins' summary of current Smoking Ordinance prohibitions, Council requested Ordinance be placed upon the November 6 Agenda for review. PLANNING COMMISSION REPORT - Minutes of the October 6, 1986 meeting were provided. PARKS AND RECREATION COMMITTEE REPORT - Minutes of the October 6, 6 meeting were provided. Dic Rollins, Committee member, reported the following: (1) Upcoming Tour de Terrace Bicycle Event scheduled for early November; (2) Halloween Party to be held at Terrace Hills Junior High School - encouraged community participation; (3) Related problems with the San Bernardino County Department of Environmental Health relative to construction of the Terrace Hills Community Park Snack Bar. CRIME PREVENTION COMMITTEE REPORT - City Manager Armstead reported on Red Ribbon Week, beginning ctober 27, for the purpose of educating people and minimizing drug and alcohol use. EMERGENCY OPERATIONS COMMITTEE REPORT - Minutes of the September 17, meeting were provide inc u ing an Action Item List designating action items assigned to Committee members for September 17 through October 15. City Engineer Kicak referenced Memorandum from the Emergency Operations Committee, dated October 6, 1986, requesting review of the Uniform Building Code; however, postponed discussion relative thereto until Council has sufficient time to review. Council Minutes - 10/23/86 Page 5 CHAMBER OF COMMERCE REPORT - Barbara Bayus, President, reported on the following: Related exhibition of Chamber's booth at Senator Campbell's Economic Development Conference where literature was distributed to hundreds of people to promote Grand Terrace; passed out a list of exhibitors to Council to show the caliber of people in attendance; (2) Provided copies of Chamber's FY 1985-86 budget and outlined economic development costs to date; requested an additional $10,000 to continue promoting economic development in Grand Terrace; related the City of Colton gave its Chamber $25,000, out of which monies were spent on maps, business directories, the Colton pageant, parade, Easter egg hunt, and other community activities; subsequently, their Chamber received an additional $10,000 to pay for one employee specifically hired for promoting economic development. Councilman Evans requested the Chamber's 1984/85 Budget prior to rendering a decision. Mayor Pro Tem Matteson requested the Chamber's 1986/87 Budget presented at this year's budget sessions; felt the Chamber had not followed it closely. Mrs. Bayus noted Council directed the Chamber to pursue economic development and would provide additional funding if shown what is being accomplished. Councilman Petta felt it apparent Council must consider this request; felt Staff should provide good financial recommendations. Councilwoman Pfennighausen indicated she had no problem supporting the additional $10,000 funding at this time; however, noted that the Chamber must closely adhere to its budget in the same manner as the City. POLICE CHIEF REPORT - Captain James Bradford, San Bernardino County Sheriff's Department, submitted a quarterly activity report including number of calls for service/crimes reported and previous year comparisons. Copies will be provided to Council. CITY ATTORNEY REPORT - City Attorney Hopkins reported on: School Impaction Fees - Ouflined recent legislative changes with respect to developer's -Tie -es to become effective January 1, 1987; related school districts, rather than local governments, will now be responsible for levying that fee. NOVEMBER/DECEMBER MEETING DATES CC-86-252 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to cancel the regularly scheduled CRA/Council meetings of November 13, 27/December 11, 25, and reschedule as follows: November 6 and 20; December 4 and 18. COUNCIL REPORTS Councilman Evans questioned discussion at last Parks and Recreation meeting relative to constructing tennis courts at the SCE Pico Park r Site. Mr. Rollins advised that both the Pico Park site as well as the Terrace Hills Junior High School site was discussed. However, due to Colton Joint Unified School District's recommendation that the land in question would be used for future development of temporary classrooms Council Minutes - 10/23/86 Page 6 well as the exhorbitant cost factor of constructing the courts at the park site, the idea was abandoned. Councilman Petta reported on the following: (1) Questioned and City ngineer Kicak related status of improvements and striping on Barton/Mt. Vernon where the Riverside Highland Water Company construction is taking place; (2) Related resident's concern regarding cars parked on all corners in the area where Oriole comes into DeBerry thereby making it difficult to negotiate a turn at that point due to lack of visibility; suggestion was made to paint the corner curbing red. Dick Rollins related a Sheriff's Deputy advised him of Vehicle Code restrictions regarding parking within a certain distance from a corner; felt it a matter of enforcement. Councilman Petta felt painting the curb red a viable solution and requested Staff to investigate and submit recommendation to Council; (3) Requested status on carpeting of the Senior/Community Center. City Engineer Kicak related completion of project anticipated within a month; (4) On behalf of the Mayor, attended a meeting this date, along with the City Manager, regarding a proposal to convert a current landfill (Agua Mansa/Santa Ana River area) to a San Bernardino County Regional Park. In reference to Blue Mountain, emphasized importance of the City maintaining control to ensure future enjoyment by all; (5) Attendance that week of the League of California Cities Conference in Los Angeles. Councilwoman Pfenni hausen reported the following: (1) Voiced concern with van a ism an theft of political signs. (2) Relative to high -density housing, referencing Council's adoption of the City's General Plan in 1984, noted her continued support of her vote at that time for medium density, the better of choices relative to the State's mandate. Re-emphasized there is no place within the City that high -density housing, 30 or more units per acre, can be constructed; (3) Regarding the Chamber/City softball game, read a thank you note, dated October 21, 1986, extending appreciation to Ruben Moreno, Sun Valley Window Tinting, 2021 Unit D Third Street, Riverside, for sponsorship of the Grand Terrace softball team. Ma or Grant reported the following: (1) Attendance at Omnitrans and SA AG meetings on October 1 and the Local Agency Formation Commission on October 15, 1986. CITY MANAGER REPORT - City Manager Armstead reported the following: Limited Parking Signs have been posted at 11959 Arliss Drive. (2) Regarding proposed regional park meeting referenced in Councilman Petta's Report, related County Supervisor Riordan's request that each City Manager individually brief their particular Councils; noted that would be done following the Election. BARTON ROAD WIDENING PROJECT City Engineer Kicak reported updated status of right-of-way acquisitions and undergrounding of the existing overhead facilities in conjunction with the Barton Road Widening Project; provided a map Council Minutes - 10/23/86 Page 7 showing the frontage of properties dedicated thusfar, reflecting 11 out of the 19 initially requested. Related the following alternatives: (1) Terminate consideration of project at this time; (2) Make one more effort through mailings to obtain the remaining right-of-way dedications; (3) Proceed with the project, installing all of the improvements along the frontage of those properties which have dedicated, and consider only the pavement widening along those properties which have not dedicated. Noted discussion with SCE indicating the undergrounding of utilities would be possible without the dedications. Further related the following staff recommendations that: (1) Council authorize staff to advise the property owners who have not dedicated that the project will proceed with the widening of Barton Road to the extent possible, with or without the dedication, excluding full improvements along the frontage of their particular property; (2) The City Attorney be directed to prepare the necessary Ordinance and/or Resolution for the underground district within the project area; (3) The City Council extend the time limit for dedication until November 28, 1986. (Reference Staff Report dated October 22, 1986, Subject: Rights -of -Way between Canal and Vivienda Avenue along the frontage of Barton Road) Councilman Evans recommended, if Council concurs, that the undergrounding of utilities extend all the way to the bridge; Mr. Kicak advised he would have to discuss this in detail with Sue Noreen, SCE Area Manager, to ascertain whether additional Rule 20A funds are available. CC-86 -253 Motion by Councilman Evans, Second by Mayor Pro Tem Matteson, ALL AYES, that Staff continue to pursue the project and: (1) Advise the property owners who have not dedicated that the project will proceed with widening of Barton Road to the extent possible, with or without their dedication, excluding full improvements along the frontage of their particular property; (2) Direct the City Attorney to prepare the necessary Ordinance and/or Resolution for the underground district within the project area; (3) Extend the time limit for dedication until the first of the year. GAGE CANAL PROPERTY & RIGHT-OF-WAY ACQUISITION (Item continued from the October 9, 1986 meeting) City Attorney Hopkins related this matter involves a pending proposed Agreement between the City and McMillin Development pertaining to acquiring three public right-of-way crossings over Gage Canal, the underlying fee title to Canal Street, north of Victoria, including an additional 8-10 foot right-of-way. Mayor Grant left Council Chambers at 9:16 p.m. Councilman Evans questioned potential problems with Gage Canal crossings relative to other parcels such as Barney Karger's which could result in a landlocking situation. City Attorney Hopkins clarified if right-of-way acquisition is made, the City of Grand Council Minutes - 10/23/86 Page 8 Terrace would own the crossings; therefore, they would be public and available for access to future developments. Mayor Grant returned to Council Chambers at 9:20 p.m. Councilwoman Pfennighausen felt, without a unified Master Plan, three crossing not to be adequate. Previously supported the City expending funds for the crossings when a large project in conjunction with a unified Master Plan was proposed, which would have benefited the City; however, at this time, would only support agreement with McMillin Development if they agree to pay the full $30,000 for the crossings with no reimbursement by the City, since it will be of benefit to them. Councilman Evans indicated concurrence if developer is willing to bear all costs. Mayor Pro Tem Matteson, with Mr. Hopkins concurring, suggested entering into escrow under the condition that McMillin Development accept full cost, thereby necessitating another agreement. Brian Urtnowski, Attorney for McMillin Development, stated he could agree contingent upon McMillin Development's consent if Council votes on the proposal this evening. Councilman Evans opposed expending further funds due to no guarantee the project will be accomplished. Mr. Hopkins stated the City would not expend additional funds if McMillin Development agrees; however, if Council disapproves the proposal before them, the project will fall through and the City will still be out the $15,000 expended thusfar for attorney and litigation guarantee fees, without having acquired anything. Mr. Urtnowski noted acquisition of rights -of -way will provide that portion of Gage Canal for future public access and would thereby benefit the City. CC-86-254 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, ALL AYES, that Council: (A) Accept $30,000 from McMillin Development, increase General Fund Revenue, and appropriate and authorize $30,000 from the General Fund for purchase of Gage Canal right-of-way property; (B) Authorize City Attorney to execute necessary documents on behalf of the City to enter into escrow; (C) Authorize Mayor to execute two agreements: (1) an amended agreement (non -reimbursement) between McMillin Development Company and the City of Grand Terrace stipulating that McMillin Development will pay all additional costs, including proration of taxes and escrow fees (exclusive of $15,000 already incurred by City) and agreeing that, upon completion of escrow, Condition No. 4 of the Conditions of Approval will have been satisfied; (2) an agreement between the City of Grand Terrace, Gage Canal Company, and the City of Riverside; (D) Accept and authorize recordation of grant deed. CC-86-255 Motion by Councilman Evans, Second by Mayor Pro Tem Matteson, ALL AYES, to adjourn the meeting. Council Minutes - 10/23/86 Page 9 Adjourned at 9:43 p.m. The regularly scheduled meeting of November Tg-,-=, is cancelled. The next regular meeting will be held Thursday, November 6, 1986, at 5:30 p.m. Respectfully submitted, City Clerk APPROVED: Mayor J