03/28/1985CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - MARCH 28, 1985
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 March 28, 1985, at 5:38 p.m.
PRESENT: Hugh J. Grant, Mayor
Byron Matteson, Mayor Pro Tempore
Tony Petta, Councilman
Barbara Pfennighausen, Councilwoman
Dennis L. Evans, Councilman
Seth Armstead, City Manager
Ivan Hopkins, City Attorney
Joe Kicak, City Engineer
Myrna Erway, City Clerk
ABSENT: None
The meeting was opened with invocation by Don Crawford, Southern California Gas
Company, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen.
SPECIAL PRESENTATIONS
Mayor Grant read and presented a Citizenship Award from the City and
the Crime Prevention Committee to Orville Hollstein, a mail carrier in
the City.
Sheriff Floyd Tidwell, San Bernardino County, presented a
Distinguished Service Award to Orville Hollstein in appreciation for
outstanding service and dedicated law enforcement for providing
information to the Sheriff's Department which resulted in the arrest
and imprisonment of an individual responsible for 103 residential
burglaries, including 12 within the City.
Mayor Grant advised that a Certificate of Commendation from the City
was presented to Deputy Keith E. Larson on March 22 upon his
retirement from the San Bernardino County Sheriff's Department.
Mayor Grant read and presented a Proclamation designating the month of
April as "California Child Abuse Prevention Month" to Susan Crawford,
Chairperson of the Crime Prevention Committee.
DELETED AGENDA ITEM - Minutes of 3/7/85.
ADDED AGENDA ITEMS -- 1D - Resource Recovery Facility; 9D - Roberti
Z erg Park Grant Funds.
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3/28/85
Southern California Gas Com any Presentation - Donald Crawford, Inland
ivision District Manager, intro uce im ing as the new District
Manager for this area and presented a status of the natural gas
industry; advised the Company is available to resolve any problems
which might occur and still provides many free services to the
residents.
CIVIC CENTER CONSTRUCTION BRIEFING
City Manager Armstead advised Item 5 on Architect's Field Report No.
53 should state that a safety switch was put on the podium and was not
disconnected.
Notice of Completion - Councilman Petta declared a potential conflict
of interest on this matter since he was named in the report.
Architect Larry Wolff stated at the time of substantial completion of
the Civic Center a punch list was established listing all
architectural, structural, mechanical and electrical deficiencies,
including comments from the City Engineer, which basically have been
corrected. Recommended filing the notice of completion, as required
by the contract documents and specifications. Realizes the City's
position relative to accepting final completion due to the
relationship with the contractor throughout the project due to
disagreements on some deficiencies. Agrees with the contents of the
City Manager's March 27 letter. In the event any or all deficiencies
remain after the 35-day period, recommended that he meet with the City
Manager and City Attorney to determine a reasonable value to correct
the remaining deficiencies, either by the general contractor or a
different contractor, to withhold that amount for each related
condition, and release the remaining retention monies.
Mayor Grant stated a distinction is being made between the notice of
completion and the release of retention funds; questioned what happens
to the retention monies after the 35 days. The City Manager stated
filing the notice of completion starts the 35-day period in which
liens can be filed against the contractor; the City is required to
withhold sufficient funds to honor those claims until resolved.
Sufficient funds will be retained to cover the cost of any
deficiencies not corrected. The performance bond will also remain in
effect for one year which is 100% of the total project.
City Attorney Hopkins advised the contract documents contain a
requirement that the contractor guarantee workmanship and materials
one year. The performance bond guarantees performance of the
contract, so any claim within the one-year period would be a potential
claim upon the performance bond.
Mayor Grant stated the notice of completion and non -release of
retention monies has more force than the performance bond because that
is immediate. The building is leaking and has locks that don't work
which must be fixed.
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3/28/85
EI
Councilwoman Pfennighausen thought an alarm button was planned for the
Finance area. Architect Wolff advised the contract documents provided
for the conduit and a push button which he understands the City has.
The telephone company is responsible for the wiring and installation.
The City Manager advised a similar device will be installed on the
Council dias; concurred installation is not the architect's
responsibility.
Mayor Pro Tem Matteson thought the deficiencies could remain
indefinitely if all monies are released except the value of those
items. Thought the contractor would expedite completion of the
project if the funds are withheld.
Mayor Grant questioned and was advised staff's recommendation is to
file the notice of completion and retain funds if the deficiencies are
not completed. City Attorney Hopkins stated the contract documents
require a notice of completion to be filed when the project is
substantially complete. The architect indicated in a letter dated
March 14 to the contractor that in his opinion the contract is
substantially complete and the project is ready for filing the notice
of completion. If Council does not concur it may delay filing the
notice. The City Manager's letter recommends filing a conditional
notice of completion specifying the completion of deficiencies and to
retain sufficient monies to ensure completion of the deficiencies.
Recommended retaining ample funds as an incentive for completion.
Mayor Grant questioned who determines when the notice of completion is
no longer conditional. City Attorney Hopkins stated when Council
determines the conditions outlined by the City Manager have been met.
If the deficiencies are complete at the expiration of the 35 days the
funds will be released; the funds cannot be released prior to that
time. Mayor Grant stated the purpose of the conditional notice of
completion must be made clear to the contractor in writing.
CC-85-62 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant to file a
conditional notice of completion but don't release any funds until the
conditions listed in the City Manager's letter of March 27, 1985 are
met, carried 4-0, with Councilman Petta abstaining.
MINUTES (2/28/85)
CC-85-63 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL
AYES, to approve the Minutes of February 28, 1985, amended to reflect
100 hours of compensatory time on page 8 under the Mid -Year Budget
Review.
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3/28/85
CONSENT CALENDAR
CC-85-64 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, ALL
AYES, to approve the following Consent Calendar Items:
A. Check Register No. 032885;
B. Ratify 3/28/85 CRA Actions.
PUBLIC PARTICIPATION
Eileen Hodder, 22253 Van Buren, questioned if Council is considering
including the air conditioning of Terrace Hills Jr. High School in the
FY 1985/86 Budget. Council advised a decision cannot be made on this
matter until the upcoming Budget sessions are conducted. Councilwoman
Pfennighausen recommended the School District consider year -around
schools to make better use of the facilities.
COMMISSION/COMMITTEE REPORTS
Planning Commission - The April 1 Agenda and March 4 Minutes were
provided.
PARKS & RECREATION COMMITTEE
Chairman Dick Rollins reported: (1) No quorum at last meeting; (2)
Committee thinks the senior citizens exercise course should be located
on land to be donated by Griffin Development since the present park is
crowded and many senior citizens will not go into the park due to the
young groups present; (3) Present park is heavily used; new park site
will be needed.
Mayor Grant stated he would like a status summary on the problems at
the park with recommendations on what should be done and what Council
can do to make it a better park. Mr. Rollins stated problems exist in
every city; the City has better control of the park than many small
cities. Very little vandalism occurs in proportion to surrounding
cities. The problems are pretty well under control since the Sheriff
assists with closing the park at night. Thinks the rapid growth of
the City is creating problems; new residents don't seem to take care
of the park or drive as carefully; an educational program is needed.
Commended Jayne Ainsworth on the excellent job she is doing, stating
he thinks the City has one of the best recreation programs for a city
of its size.
Councilwoman Pfennighausen thought the exercise course would be for
the use of the entire community and the young people will not
necessarily stay away from the other area. Mayor Grant questioned and
was advised SCE now indicates it will retain Cage Park. It can be
scheduled for use by the public.
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11
ROBERTI-Z'BERG
PARK GRANT FUNDING
RESOLUTION NO.
85-04 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
GRAND TERRACE,
A, —APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE
ROBERTI-Z'BERG
URBAN OPEN -SPACE AND RECREATION
PROGRAM FOR ACQUISITION
OF EQUIPMENT FOR
RECREATION TINY -TOT PRORAM AND
ACQUISITION AND
INSTALLATION OF
EXERCISE STATIONS FOR NEW CITY
PARK.
The Staff Report indicated $4,000 would be used to augment
City -approved funds to purchase an exercise station(s) and $749 would
be used to acquire furniture for the tiny -tot program.
Councilman Petta questioned if the grant funds could be used for other
projects other than those specified; questioned purchasing furniture
since it is available at the Community Center. Councilwoman
Pfennighausen concurred with the furniture purchase, noting using
folding chairs and large tables is a safety hazard for toddlers.
Councilman Petta, Councilwoman Pfennighausen and Councilman Evans
questioned purchasing the exercise course, since similar courses in
the area are seldom used. Councilwoman Pfennighausen and Councilman
Evans recommended attending the next Seniors' Meeting to ask them if
such a course would be used. Council questioned if the funds could be
used for other projects. Community Services Director Anstine stated
the funds must be committed within 30 days; recommended adopting the
Resolution submitted so it could be mailed to the State to encumber
the funding, then designating different uses for the funds at the next
meeting, if desired.
CC-85 65 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES
to adopt Resolution No. 85-04 and to approve the appropriation of
$1,080 from the Park Development Fund Balance to be transferred to
Line Item No. 13-4444-701, leaving a fund balance of $3,920.
CRIME PREVENTION COMMITTEE
Chairperson Susan Crawford reported: (1) The first Town Meeting was
held March 27 in the Council Chambers; an excellent film on
Neighborhood Watch was shown; hopes to have better attendance at the
next meeting on April 17 at 7:00 p.m.; (2) Stated Clove cigarettes
being purchased by young people in the City are dangerous.
ECONOMIC DEVELOPMENT ADHOC COMMITTEE
Mayor Pro Tem Matteson stated questionnaires were mailed out in the
Chamber Newsletter; the next meeting is April 2. Tom Schwab,
reporting for Chairman Rigley, thanked United Safety Associates for
the use of the business reply permit for the questionnaires. City
Manager Armstead stated he has asked Mr. Schwab to see if the
Committee would be interested in locating possible school relocation
sites and to coordinate the matter with the school district.
Councilwoman Pfennighausen disagreed with this as a committee
function. Stated this matter should be related to the district site
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3/28/85
committee to look into potential school sites. Mayor Pro Tem Matteson
stated Staff was directed to consider potential school sites and
report back to Council.
CITY ATTORNEY REPORT 0
City Attorney Hopkins reported the following: (1) Noted the matter of
Gage Canal access was discussed during a Planning Commission Public
Hearing conducted March 25; since negotiations with Gage Canal and the
City of Riverside relative to acquiring access have been unsuccessful,
the City Manager directed the City Engineer and him to pursue
necessary procedures to acquire access. Information and the necessary
resolutions will soon be brought before Council for consideration.
Councilman Evans questioned realigning Canal Street. The City
Engineer stated once alignment is determined, they would proceed with
either the acquisition or condemnation to acquire only the portion
needed; however, all the roadway north of Newport is on Gage Canal
property. Noted he had suggested the City plan the circulation within
the triangular R-3 area, since the City is involved in planning of
property owned by several developers.
Mayor Pro Tem Matteson felt the City should not assume expense to
benefit the developer. Felt residents objected to R-3 zoning because
they foresaw traffic problems. Councilman Evans stated he was not
suggesting the City assume developer costs; felt if the developer
doesn't address the circulation of traffic in the Specific Plan
process, the City will have to determine where the streets will be.
Felt problems would exist whether zoning is R-1 or R-3.
Recessed at 7:16 p.m. and reconvened at 7:34 p.m. with all present.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
City Engineer Kicak advised the two applications for CDBG Grant
funding are eligible projects. The two projects are a water system on
the northwest side in the vicinity of Vivienda, Burns, Maple and
Walnut Avenues, and bridge replacement across the Southern Pacific
Railroad on the western portion of Barton Road. The City is entitled
to approximately $90,000 for the next three-year funding cycle; recent
estimates indicate approximately $94,000 may be available. The
purpose of the Public Hearing is to receive community input on
projects which could be considered within the target area as defined
by HUD. Requested project prioritization following Public Hearing.
The County Office of Community Development would like the cities to
consider projects in the initial year, 1985-86, which would encumber
all funding allocated to the cities under the entitlement through
1987-88.
Mr. Kicak stated 50% of the Barton Road bridge is located in Colton;
a field review was conducted with FHWA, Caltrans, local officials and
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3/28/85
Colton; Colton is interested in the project provided CDBG and city
funding is available for the local share of the cost. The estimated
cost is $860,000, with the local costs to be proportioned between the
two cities; the proposal is to construct a two-lane bridge.
Staff contacted all affected property owners on the water system, as
directed, requesting a response by March 15; five responses were
received, with four indicating an interest in participating and one
indicating no interest.
Mayor Pro Tem Matteson questioned if the bridge replacement could be
four -lane or constructed with the intent to widen it to four lanes in
the future. Mr. Kicak stated Caltrans thought the limitations, such
as an EIR, would eliminate the possibility of available funding during
this bridge replacement cycle. The major improvement would be the
vertical alignment. Any bridge can be widened. Cost is the factor.
Councilman Evans questioned and was advised a response has not been
received from Colton; felt the project should be four lanes and would
be beneficial to Colton since that area is industrially zoned.
Councilman Evans requested that the City Engineer prepare a list of
affected property owners in the water system area to allow personal
contact. Mayor Grant questioned and was advised there has been no
further contact with Supervisor Riordan; her staff has indicated
portions of the funding on those projects would be of high priority,
but no funds could be committed until the City has selected projects.
Mayor Grant opened Public Hearing; receiving no public input, Mayor
Grant closed Public Hearing.
CC-85-66* Motion by Councilwoman Pfennighausen, Second by Councilman Petta, that
the fire protection and water system improvements receive first
priority, and the Barton Road bridge replacement as low -priority
number two, disagreeing with a two-lane bridge replacement.
Councilman Evans recommended actively pursuing a four -lane bridge
replacement by gathering all data and means of funding. Mr. Kicak
stated the City may be unable to take advantage of the present bridge
replacement funding if it insists upon a four -lane bridge. This
bridge was placed on a bridge replacement program while under County
jurisdiction. Staff has not actively pursued this funding.
Recommended requesting that Caltrans keep the bridge on the list and
asking what is needed to get the bridge widened to four lanes. Mayor
Pro Tem Matteson recommended proceeding with a two-lane bridge with
future widening to four lanes if a four -lane bridge is not feasible at
this time.
Mr. Kicak stated it is preferred but not mandatory to commit the
entire $90,000 at this time. The City could fund the entire cost of
$54,000 for the water system if desired. Other projects can be
identified later if funding is available.
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* Motion by Councilwoman Pfennighausen, Second by Councilman Petta to
amend Motion No. CC-85-66 to remove the Barton Road Bridge replacement
from the priority list and to only consider the fire protection and
water system improvements at this time. 0
In discussion it was clarified that the bridge or other projects can
be identified later for CDBG Grant funding, which would require the
same process of determining eligibility and conducting a public
hearing. It was also clarified that this Motion is adopting the water
system as a project and is not indicating that the City will pay the
full cost of $54,000 for that project. Motion No. CC-85-66, as
amended, carried, ALL AYES.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA,
AMENDING GRAND TERRACE MUNICIPAL CODE, SECTION 10.16.020, RELATING TO
THE STORAGE OF COMMERCIAL VEHICLES (First Reading)
City Attorney Hopkins read the Ordinance; stated it deletes the
provision for eight -hour parking, thereby prohibiting commercial
vehicles to park in residential areas except for loading or
unloading. Mayor Grant opened the meeting to public input. Dick
Rollins, 22700 DeBerry, recommended additional advertising of tFis
or—Td nance to ensure awareness throughout the community. James
Roberts, 22009 DeBerry, questioned and was advised commerclaT-vehicles
are not prohibited from parking on private property.
Councilwoman Pfennighausen stated she was asked to read a letter
addressed to the City Council dated 3-28-85 from Vivian Aldrete, 12656
Michigan, indicating the many truck drivers living in the City must
park their vehicles where they can take care of them.
Councilman Evans questioned any truck drivers in the audience if there
is a reason why the trucks must be parked in residential areas in lieu
of a bigger location; the public did not respond. Mayor Pro Tem
Matteson stated he has received calls about trucks parked in front of
residents' homes; trucks can park in commercial areas; feels all
citizens must be given consideration.
CC-85-67 Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem
Matteson, ALL AYES to approve first reading of the Ordinance amending
Section 10.16.020 of the Grand Terrace Municipal Code by title only.
RESOURCE RECOVERY FACILITY
Brian Esgate, IWA Engineering, introduced Jerry Wood who showed a
video cassette and made a presentation regarding a proposal to locate
a resource recovery facility in the City to accept trash from the
surrounding areas to be turned into energy. A similar facility is to
be located in Irwindale. Requested indication of Council support
prior to pursuing this project, since a feasibility study is costly
and community acceptance is necessary. 0
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3/28/85
Council questioned how much land would be needed and where the
facility would be located; impact, such as noise and traffic, on
surrounding area; any potential hazard of chemical mixtures with
pressurized containers being thrown in trash; the hours of plant
operation; potential revenue to City; potential trash litter problems
in the City with so many refuse trucks coming into the City; whether
this proposal has been presented to other cities; whether any funding
would be required of the City, and how such a facility would affect
the City'a image.
In response to Council questions, stated the facility would be a
source of revenue for the City; estimated 1.6 million the first year,
and possibility of $3,000,000 by end of year 2,000; Irwindale will
participate in revenue sharing after a few years; is also getting a
new freeway offramp so refuse trucks will be able to go directly to
the facility, which is being paid for by the developer; could propose
the same for Grand Terrace. The refuse would not be presorted, all
activities would be conducted in an enclosed area, and there would be
no hazardous waste or air pollution. There are no similar facilities
in the area; Irwindale representatives went to Ft. Lauderdale, Florida
to view a facility. The facility would require approximately 20 acres
near the SCE facility.
Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to give
no further consideration to the proposal to locate a resource recovery
facility in the City failed 2-3, with Mayor Pro Tem Matteson and
Councilman Petta voting AYE. Mayor Grant clarified the purpose of his
NOE vote is to ascertain more information prior to making a final
determination and does not indicate approval of the project.
Councilwoman Pfennighausen recommended that similar presentations be
made to organizations within the community.
Recessed at 9:38 p.m. and reconvened at 9:51 p.m. with all present.
CITY ATTORNEY REPORT (continued)
Arbitration - Further consideration of this matter has been continued
to May .
CITY MANAGER REPORT
He and the Finance Director attended an American Money Management
Market Forum March 22; attended TAC Committee Meeting; will provide a
decision on overtime and compensatory time to the City Attorney for
a written opinion.
COUNCIL REPORTS
Councilman Petta: (1) Questioned and was advised work on the left -turn
signal or t. ernon is in progress and that the bots dots on Barton
Road will be included in the Barton Road Project; (2) Referenced a
letter from Phil Wagner relative to his controvery with Wilden Pump
about trees; questioned if this has been resolved. City Engineer
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3/28/85
Kicak stated the minutes of the previous Council meeting on this
matter were forwarded to Wilden Pump requesting that the work be
initiated; has communicated with both parties in writing; has no
authority to force resolution of the problem. Mayor Pro Tem Matteson
and Councilwoman Pfennighausen stated Mr. Tuck advised them Wilden
Pump previously gave Mr. Wagner $600 to stucco or paint his wall; Mr.
Wagner kept the money but did not rennovate the wall.
Councilman Evans: (1) Questioned and was advised alternatives for
zoning of property in the area of Vista Grande Way and Grand Terrace
Road will be on the next agenda; (2) Referenced the 2-14-85 Minutes
and questioned whether information has been obtained relative to the
use of 1984 private activity bonds for a storm drain project; was
advised staff is awaiting a determination of uses for these funds.
(3) Referenced a New Jersey news article stating an appeals court
ruled an employer can be held liable if an employee gets drunk at an
office party; the article further advised cities not only should be
concerned about employee functions but public functions held in
city -owned facilities; requested the City Attorney's opinion on this
relative to the City allowing alcohol in the Community Room. City
Attorney Hopkins concurred the City could be liable if employees were
allowed to have office parties involving alcohol; would need to review
the referenced opinion prior to stating an opinion as to the
applicability of the simple use of city -owned facilities by
third -party groups.
(4) Attended a seminar in Irvine involving disciplinary actions
primarily for fire and law enforcement personnel, but also applicable
to public employees; questioned the City's current policy on grievance
procedures relative to protecting the City against future liability
and its adherence to case rules relative to discipline and who has the
ultimate responsibility for decisions on these matters. City
Attorney Hopkins stated he doesn't know if there is ever a way to
write a policy to eliminate the possibility of future liability;
stated the City's current policy was taken from the San Bernardino
County personnel rules and does comply.
(5) Councilman Evans stated the next item concerns the City Engineer
and City Attorney positions, and that what he is proposing does not
reflect on the type of services presently being provided. Has been
reviewing the procedures for hiring and the costs for these two
positions. Thought, with the continual review of budget and the
opportunity of saving money, possibly this would be a good time to
make sure the City is getting all it is paying for; there might be
other city attorneys or city engineers in that field that could
provide the same service a little cheaper; questioned whether RFP's
should be circulated and exploring the possibility of a contract
specifying a definite time period, such as three years, rather than an
open-end agreement.
Mayor Grant stated Council has always made an effort to consider
public agencies and private firms for contractual services, including
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3/28/85
law enforcement; thinks everybody would support looking for the best
service at the least cost. Council has always considered the relative
value of the two incumbent contractors; has looked at the quality of
service and percent of increases in cost each year; doesn't think they
have been out of line with other increases; noted the increases each
year in the law enforcement services; the City is receiving good
service. Thinks the procedures followed have been equitable and free
from favoritism.
Councilman Petta stated proposals have been received over the years
for city engineer, none of which made Council want to consider a
change. The City Engineer has requested and received one raise since
incorporation. Thinks the City has the best engineering service for
the lowest possible cost. Is not aware of receiving proposals for
city attorneys; present individual provided satisfactory legal service
since prior to incorporation and cost seems to be satisfactory. City
Attorney Hopkins advised his rates have increased $5.00 per hour since
incorporation.
Councilman Evans thought everyone should be given the opportunity to
submit bids for review to ensure the lowest cost for services. Noted
RFP's were originally circulated for the city engineer but not for the
city attorney or planning services. Mayor Pro Tem Matteson disagreed
with circulating RFP's unless there is a specific problem; stated less
isn't always the best; there is a loss of value in continuity having
contractual staff that have been working on the same job, are aware of
the history, know a lot of previous problems and can handle new ones
based on experience. Councilman Petta concurred, stating the City
Engineer, through involvement with the sewer project, thoroughly knows
all aspects of the City. The City Attorney also knows the City
thoroughly, and due to expert advise has kept the City out of
lawsuits; does not want to change something that has a proven record.
Mayor Grant stated he concurs with Mayor Pro Tem Matteson and
Councilman Petta relative to satisfaction with quality of service
being provided and that sometimes the most responsive is not the
lowest cost or the best. Concurs with Councilman Evans that the City
must always consider proper procedure in terms of getting the best for
the dollar. Councilwoman Pfennighausen stated since the dollar is
becoming tighter the City must keep avenues open; does not question
the present quality of service; questions contracting for planning
services vs performing this function in-house. Requested that
comparative figures of contracting for planning vs planning costs when
they were performed in-house be provided prior to budget sessions so
Council can evaluate whether this function should be contracted or
performed in-house.
Councilman Evans questioned if the Mayor would be opposed to sending
out RFP's for those services prior to budget sessions. Mayor Grant
stated he would not be opposed; the City needs to know what it can
afford prior to circulating RFP's so it should be part of the budget
process; until proven otherwise, is satisfied with present services;
this would be part of the Finance Director's responsibility under
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3/28/85
supervision of the City Manager to provide Council with needed
information to formulate the FY 1985-86 Budget.
Councilwoman Pfennighausen stated she recently learned that each
prospective occupant of a commercial manufacturing park presently
being developed in an M-R Zone on Barton Road is required to get a
conditional use permit prior to occupancy. After discussion with the
City Attorney he wrote a letter dated March 14, 1985 outlining the
procedures to change the requirements. Requested that the Planning
Department provide information on compatible uses within a
consolidated area and prepare the information required to be presented
to the Planning Commission for consideration of amending the M-R
Zoning restrictions.
Alcoholic Beverages - City Attorney Hopkins stated it is difficult to
try to apply a New Jersey decision to California law. It is
conceivable there could be some liability attached to some of the
joint and several liability under California law in the event the City
was found to be negligent in not providing proper supervision.
CC-85-68 Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to
rescind previous Council action permitting the use of alcoholic
beverages in any City facility.
Councilman Petta questioned prohibiting light alcoholic beverages such
as wine or champagne to be served for weddings, since a guard is
required to be present and it requires Council approval. Councilman
Evans stated you are liable if you allow alcohol on the premises.
City Attorney Hopkins advised to say we would be liable because
somebody used our facility doesn't attach liability; negligence would
have to be shown on the part of the City. Mayor Pro Tem Matteson
disagreed with prohibiting alcoholic beverages based on a New Jersey
decision, particularly since negligence must be proven. Mayor Grant
stated he has always opposed the use of alcoholic beverages in public
facilities. Motion No. CC-85-68 carried 3-2, with Mayor Pro Tem
Matteson and Councilman Petta voting NOE.
Ma or Grant reported: (1) He and Councilwoman Pfennighausen attended
the dedication ceremony of the Praise Fellowship Foursquare Church;
(2) Referenced previous discussion regarding obtaining the best
service at the lowest possible cost; requested that Staff investigate
not only planning, engineering and legal services, but also law
enforcement, animal control, weed abatement, printing and other
services required by the City to provide the necessary data to Council
for consideration during the budget process. Noted there are some
instances in which sole source can be legally justified.
SCAG BUDGET
Finance Director Schwab advised the SCAG Executive Committee has
recommended a $225,000 budget for next fiscal year. The City's share,
based on population, for continued membership is to increase by $40.06
to $222. Recommended approval since many services are provided by
this organization.
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CC-85-69 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES
to approve continuing membership in SCAG for $222.00.
i-
PUBLIC USE POLICY - COUNCIL CHAMBERS/CONFERENCE ROOM
City Manager Armstead reviewed the Staff Report on this subject;
recommended that the Council Chambers and Conference Room be used only
for Council and Planning Commission meetings, unless directed by
Council for specific functions, due to costs in manpower, utilities,
risk insurance and maintenance/repair costs of specialized equipment.
Councilwoman Pfennighausen stated the public has been promised that
over 50% of the building is for public use; felt the Council Chambers
could be used for seminars and for Saturday morning movie programs for
young people; a town hall meeting was held there. Would have voted
against construction of the building if there had been indication the
facility would only be used 3-4 times a month. Other meeting
facilities are already heavily used. Concurs the equipment is
expensive and requires supervision. Thinks groups other than
non-profit groups should be required to pay for the use of the
facilities. The facility was designed for public use and should be
used as such.
Councilman Petta concurred and supported staff recommendation. Stated
the recommendation does not say no one else can use the facility; it
says we must have control over the Council Chambers. If the equipment
is not properly supervised it will cost thousands of dollars to
' repair. The meeting room was built for public use. If Council feels
it is appropriate for certain groups to use the facility, it is within
the control of Council.
Councilman Evans concurred with Councilwoman Pfennighausen's
statements.
CC-85-70A Motion by Councilman Evans, Second by Councilwoman Pfennighausen to
reject Staff's recommendations pertaining to the use of the Council
Chambers for meetings.
Mayor Grant stated the main issue is to what extent can the City
afford to have staff supervise the Council Chambers. Wants it to grow
old with grace, but not overnight, since the construction costs were
extensive. Concurs the facility was intended for public use to the
maximum extent possible. Wanted a staff report prepared which would
allow Council to decide what to do; would have preferred a
modification of the staff recommendation.
CC-85-70B Motion by Mayor Grant, Second by Councilman Petta to amend Motion No.
CC-85-70A to have staff prepare a report for Council showing the
feasibility or probability of providing staff services to the Council
Chambers during its use. Mayor Grant clarified the intent of his
Motion is that he wants the matter resolved, but doesn't think
sufficient choices were provided. Informal discussions with staff
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indicated it would be physically impossible to have staff available
due to the cost in terms of overtime. Wants the building for public
use but thinks supervision of the delicate equipment is needed.
Councilman Petta stated the heating and air conditioning should not be
turned on to accommodate a small group of people. A smaller room
should be used for those purposes.
The Motion to amend, Motion No. CC-85-70B, carried 4-1, with
Councilman Evans voting NOE. Motion No. CC-85-70A, as amended,
carried 4-1, with Councilman Evans voting NOE.
Judy Rinderhagen, 12738 Wilmac, stated she would liked to have spoken
prior to Council voting on this matter. Resents not being trusted as
a citizen within the building. Has been told this is a public
facility for the citizens of Grand Terrace. Concurs some control is
needed. Resents the public not being asked questions before voting.
Mayor Grant stated he saw no indication that she desired to speak.
CLOSED SESSION
Council recessed to Closed Session at 11:40 p.m. to discuss personnel
matters, with City Manager Armstead and City Attorney Hopkins in
attendance.
RECONVENE - The regular meeting reconvened at 12:15 a.m. with all
members present. Mayor Grant announced Council met in closed session
to discuss personnel matters and administrative procedures, with no
decisions made. 0
ADJOURN - The regular meeting adjourned at 12:16 a.m. The next
reg— u� meeting will be held April 11, 1985 at 5:30 p.m.
Respectfully submitted,
APPROVED:
Mayor
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