11/21/1985L- 1
CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 21, 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 November 21, 1985, at 6:29 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
Alicia Chavez, Deputy City Clerk
ABSENT: Ilene Dughman, City Clerk
The meeting was opened with invocation by Pastor Ray Williams, Grand View Baptist
Church, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen.
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ITEM DELETED FROM AGENDA - Item 5A - Noise Ordinance (Public Hearing
continue to .
ITEM ADDED TO AGENDA - Item 6I(1) - Request for Waiver of School
Impaction Fees r. & Mrs. Jay Wilson).
SPECIAL PRESENTATIONS
Awards to Crime Prevention Poster/Essay Contest Winners
Sharon Korgan, Community Service Officer, announced the winners of the
Crime Prevention Poster/Essay Contest and Mayor Grant presented awards
to the following students:
Grand Terrace Elementary Poster Contest
Jonathan Hansen First Place
Sean Bergen Second Place
Jennifer Miescher Third Place
Terrace View__ Elementary Poster Contest
Roger Orton -' First Place
Mandy Minicacci Second Place
Scott Nuskin Third Place
Terrace Hill Junor High Essay Contest
evina Parra First Place
Jennifer Prais Second Place
Toni Joslin Third Place
San Bernardino County Resolution Proclaiming November 21, 1985 as
reat American Smokeout Day
Following introduction by Mayor Grant, Third District Supervisor
Barbara Riordan read portions of Resolution passed by the Board of
Supervisors honoring the "Great American Smokeout"; presented the
Resolution to the Mayor and saluted Grand Terrace for efforts being
made in behalf of a healthy environment.
Commemorative City Plaques
Mayor Grant announced commemorative plaques are being presented to
past Councilmembers for their service to the community; presented
plaques to Thomas T. Tillinghast (Charter Member), Roy W. Nix, and Jim
Rigley. Plaques will be delivered to Charter Members Jack Allen and
Doug Erway.
Kelly Armstead Arizaga was also presented a special plaque by Mayor
Grant in recognition of her design of the City logo.
Certificate of Service - William De Benedet
Mayor Grant read and presented a Certificate of Service to William
De Benedet for his past outstanding service and contributions as
Planning Commissioner.
Student Exchange Program - American Field Service
Councilman Petta introduced Mr. & Mrs. John Fuller, participants in
the student exchange program, who are currently hosting a high school
student from Finland; invited the current exchange student and the
Fuller's son forward for introduction and comments.
Sister City Update Report
Bill De Benedet reported on recent trip with Mr. Zampese to our Sister
City, Palazzolo Dello Stella, Italy: Special Council meeting held
October 8, 1985, at which our representatives presented to Mayor
Ceparro a Grand Terrace Plaque, an American, California, and City
Flag, and books of California. Following a speech by Mayor Ceparro
(copies presented to Council), Palazzolo Dello Stella's Plaque,
Italian Flag, a picture of our Sister City's children, and a copy of
the City's history were presented to Mr. De Benedet.
Mayor Grant expressed thanks to Mr. Zampese and Mr. De Benedet as well _
as to our Sister City; anticipated continued communication and warm
relationship between Cities.
(11/21/85)
CC-85-338
City Gateway Entrance Signs
Dave TerBest, President of the Grand Terrace Chamber of Commerce,
reported the Chamber's intent at next board meeting to consider
possibilities of erecting three entrance monuments to provide various
civic organizations a location to display their plaques and to welcome
tourists; requested Council consider this item and, if in support,
Chamber will proceed to initiate proper budget and organizational
procedures.
Council expressed wholehearted support for erecting monumental
entrance signs.
CONSENT CALENDAR
Motion by Councilwoman Pfennighausen, Second by Mayor Pro Tem
Matteson, ALL AYES, to approve the following Consent Calendar Items,
as presented:
A. Approve Check Register No. 112185;
B. Ratify 11/21/85 CRA Action;
C. Approve 11/7/85 Minutes;
D. Waive Full Reading of Ordinances on Agenda;
E. RESOLUTION NO. 85-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CA, APPROVING THE REVISED SAN BERNARDINO COUNTY
SOLID WASTE MANAGEMENT PLAN
F. Approve and Accept the Investment Policy Set Forth by the City
Treasurer;
G. Civic Center Refinancing:
RESOLUTION NO. 85-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND E ACE, A, MAKING APPOINTMENTS AND DESIGNATIONS AND
MAKING OTHER DETERMINATIONS INCIDENT TO THE ISSUANCE AND SALE OF
REFUNDING CERTIFICATES OF PARTICIPATION (Civic Center Project)
RESOLUTION NO. 85-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAND , PRELIMINARILY APPROVING AGREEMENTS FOR
REFUNDING CERTIFICATES OF PARTICIPATION (Civic Center Project)
PUBLIC PARTICIPATION
Ed O'Neal, 22608 Minona Drive, expressed thanks for the City's
birthday celebration and appreciation to all participants in the Great
American Smokeout.
Dick Rollins, 22700 DeBerry, felt City staff and all who brought food
should be recognized for an outstanding job preparing the City's
Potluck birthday party.
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Sylvia Winters, 23246 Barton Road, reported on matter of citizen
concern regarding a possible zoning change to low -density
residential in the City of Colton, vicinity of Barton Road and Hilltop
Drive; requested support from Council to strongly urge the Colton City
Council to follow their Planning Commission's recommendations to
retain the current zoning of residential estates; voiced opposition to
the proposed low -density residential zoning which would allow
developers to build 400 units instead of the current 100 allowable
units on the 50 acres in question; further advised that the issue will
be decided upon at the Colton City Council meeting, January 21, at
7:30 p.m. and urged attendance by at least one Councilmember. City
Manager Armstead advised City staff had coordinated with Colton staff
on this matter and favorable cooperation was indicated by the City
Manager of Colton.
Mayor Grant, with Council in concurrence, expressed support of the
City of Colton following their Planning Commission's recommendations.
Mayor Pro Tem Matteson encouraged Councilmembers to write letters in
opposition of proposed zone change. Councilman Evans spoke in
support of retaining the current zoning; indicated Councilwoman
Pfennighausen's intent to attend the Colton City Council meeting.
Dave Jones, of Group W Cable, presented a completed video tape of "A
Birth of a City" to City Manager Armstead; advised that it will be
televised, the time to be announced at a future date. Per Councilman
Petta's request to view a portion of the tape to honor the City's
birthday, segments were shown.
Recessed at 7:20 p.m.; reconvened at 7:39 p.m., with all members
present.
PLANNING COMMISSION REPORT - Planning Director Kicak reported the
following: (1) Sit-e-75-n-d7rchitectural approval of the Mt Vernon
Villas Development project was considered by the Planning Commission
at the November 18 meeting - additional conditions were attached to
the project; advised that Mr. Trevino will be present at the December
12 meeting to appeal conditions set forth; (2) Commission requested
Council appoint a Committee to revise and develop the Site and
Architectural standards; a report will be submitted at the next
meeting regarding the specifics of request; (3) Commission recommended
Council consider directing staff to approve a select list of
consulting firms as consultants to private developers; Mr. Kicak
questioned legalities and felt the City Attorney could address if
necessary; (4) December 2, 1985 Planning Commission meeting has been
cancelled due to lack of Agenda items.
PARKS AND RECREATION COMMITTEE REPORT - Minutes of the November 5,
1985 meeting were provided. ayor Grant noted forthcoming Christmas
program plans are proceeding well.
CC-85-339 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES,
to appoint Barbara M. Conley to fill the unexpired term of Gary Dishaw
to expire June 30, 1986.
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+' HISTORICAL & CULTURAL ACTIVITIES COMMITTEE REPORT - Minutes of the
November 4, 1985 meeting were provided. ayor ro Tem Matteson
thanked the Committee for submitting minutes in a timely manner.
CRIME PREVENTION COMMITTEE REPORT - City Manager Armstead noted a
report coordinated with apta-5 im Bradford will be forthcoming at
next meeting regarding items previously requested by Council. Mayor
Grant attended meeting and was impressed by enthusiasm with which
Committee is viewing issues similar to those of the Emergency
Operations Committee with reference to law enforcement; noted both
Committees are planning to interface their missions in the event of a
disaster. Councilwoman Pfennighausen reported that the two Committees
joined hands with regard to disaster preparedness at the November 19th
Town Hall meeting.
ECONOMIC DEVELOPMENT ADHOC COMMITTEE REPORT - Minutes of the October
meeting were provided.
POLICE CHIEF REPORT - Captain Jim Bradford, San Bernardino County
SFe—ri77s Department reported, as per Mayor Pro Tem Matteson's
request, on citizen complaint relative to traffic problems on DeBerry;
related that contact had been made with originator of complaint who
volunteered to assist the Sheriff's Department in identifying
particular individuals involved. Mayor Pro Tem Matteson expressed
appreciation for action taken and the reporting thereof.
CITY ENGINEER REPORT
Request for Waiver of School Impaction Fees - Jay Wilson
City Engineer Kicak related that the School Impaction Fees in question
were not collected prior to issuance of the building permit. When
oversight was discovered, a letter was sent to Mr. Wilson requesting
payment of fees prior to any further inspections. Subsequently, on
November 18, 1985, a meeting was held between Councilwoman
Pfennighausen, City Manager Armstead, Alex Estrada, Mr. and Mrs. Jay
Wilson, and Jim McGivern at which time it was agreed that the School
Impaction Fees should be waived. City Attorney advised that Council
may waive the fees pursuant to Ordinance 54 by adopting the following
staff recommendations as policy: (1) Review each School Impaction Fee
Waiver Request on a case by case basis; (2) Grant a waiver of School
Impaction Fees where practical difficulties and unnecessary hardship
result from the strict application of Ordinance 54; (3) Grant waiver
of School Impaction Fees subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property
is situated; (4) Determine that, because of special circumstances
applicable to subject property, including size, slope, topography,
location or surroundings, the strict application of Ordinance 54 is
found to deprive subject property of privileges enjoyed by other
properties in the vicinity and identical zone classifications.
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Councilwoman Pfennighausen reported on the above mentioned meeting of
November 18, 1985, and, due to various problems encountered by the
Wilson's with regard to securing a building permit, felt that Council
should seriously consider waiving the fees and passing staff
recommendations as outlined above. City Manager Armstead, in
concurrence, felt fees should be waived due to the hardships Mr. and
Mrs. Wilson encountered in obtaining a building permit.
Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to waive
the School Impaction Fees for Mr. and Mrs. Jay Wilson and to adopt
staff recommendation 1 as follows: Review each School Impaction Fee
waiver request on a case by case basis. (See Motion No. CC-85-340)
In response to Councilman Evans, City Engineer Kicak related that, to
his knowledge, there are no pending projects with similar
circumstances to the one at hand, and asserted that part of the reason
for the requested waiver is that Mr. Wilson was unable to obtain a
building permit until after the date on which Council imposed School
Impaction Fees due to various problems. Councilman Evans felt the
School Impaction Fees were imposed for a reason and to pass staff
recommendations 2-4 as guidelines for future waiver requests would
establish a poor precedent and defeat the purpose for which the fees
were initially intended; however, voiced no objections to waiving the
fees in question due to apparent problems in this case and supported
staff recommendation 1. City Attorney Hopkins advised that, if any
fee waivers are allowed, a fair and equitable procedure must be
established for anyone to whom the fees may be applicable; further
clarified that staff recommendations 2, 3, and 4 are criteria by which
each fee waiver request would be reviewed on a case by case basis as
provided for in staff recommendation 1. Mayor Grant felt that passing
staff recommendations 2-4 would not set a precedent, but merely allow
others the opportunity to request a waiver of fees, with the final
determination being made by Council.
CC-85-340 In light of City Attorney Hopkins' comments, Motion by Mayor Pro Tem
Matteson, Second by Councilman Petta, to waive the School Impaction
Fees for Mr. & Mrs. Jay Wilson and adopt staff recommendations 1-4 as
follows: (1) Review each School Impaction Fee waiver request on a case
by case basis; (2) Grant a waiver of School Impaction fees where
practical difficulties and unnecessary hardship result from the strict
application of Ordinance 54; (3) Grant waiver of School Impaction fees
subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the
vicinity and district in which the subject property is situated; (4)
Determine that, because of special circumstances applicable to subject
property, including size, slope, topography, location or surroundings,
the strict application of Ordinance 54 is found to deprive subject
property of privileges enjoyed by other properties in the vicinity and
identical zone classifications.
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City Engineer Kicak summarized a similar project (12670 Sanburg) to
illustrate how timely the process of obtaining a building permit can
be accomplished; plans were submitted on 7/22/85, approved by Planning
Commission and placed on City Council Agenda on 8/5/85; building
permit was applied for on 8/6/85 and issued on 8/15/85. In
comparison, Mr. Wilson applied for a building permit on 6/6/85 and was
placed on the Planning Commission Agenda for 7/15/85; Due to lack of
quorum, July 15 meeting was cancelled until 8/15/85, causing a
one -month delay. Following review by the Planning Commission, the
plans were rejected and Mr. Wilson was advised he needed a final soil
impaction report. On August 19, Mr. Wilson returned the conditions of
approval for the Site and Architectural review. In reviewing the
plans, there appeared to be several discrepancies, therefore, a permit
was not issued at that time. However, subsequently, on October 14,
1985, a building permit was issued and inspections are being
accomplished; felt staff has undergone unfair criticism with regard to
this project taking into consideration the above circumstances.
Mr. Jay Wilson, 2594 W. Walnut, San Bernardino, related background as
previously mentioned by Mr. Kicak and, due to the various delays,
requested a waiver of school impaction fees. Mr. McGivern, 11761
Eaton Drive, draftsman of Mr. Wilson's plans, additionally added that
the discrepancies in the plans submitted for second review were due to
minor revisions in the floor plan blueprints not reflected in the
elevations.
Motion No. CC-85-340 carried, ALL AYES.
CITY ENGINEER REPORT (Cont'd)
Vivienda Overhead Bridge Project - Relocation of Gas Line
City Engineer Kicak advised it necessary for Council to make a
decision on whether City wishes to participate in the second
relocation of the gas line in order for Engineering to determine
specifications for bidding process; City's cost to be $10,000; stated
the alternative would be, if construction proceeds during the winter,
that Council commit to appropriating the $10,000 expenditure at a
future date; otherwise, construction would begin in May at which time
the gas line can be cut off and relocated without necessitating
temporary replacement.
CITY MANAGER REPORT - City Manager Armstead reported on attendance of
the Southern Cali ornia Joint Insurance Agency meeting; would provide
Council with information.
COUNCIL REPORTS
Mayor Grant reported the following: (1) Represented the City at the
Local Agency Formation Commission meeting; expressed support of San
Bernardino Counties request for annexation of land located in the
Muscoy area - vote was almost unanimous in support of annexation;
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(2) Stated importance of the Chain of Command principles relative to
good public administration and the means by which order is created; if
an issue needs to be resolved, the City Manager should first be
contacted, and so on down the line. Councilman Petta expressed
concurrence with the importance of adhering to the abovementioned
principles and related they were emphasized at the League of
California Cities Conference in Monterey.
TIME EXTENSION - TENTATIVE TRACT 11450 - Roy C. Roberts
City Engineer Kicak noted project is a one acre condominium tract
located on Preston Street, north of Palm Avenue; advised that further
time extensions for the project originally approved in August 1980
were rejected by Council at the October 17, 1985 meeting. Mayor Pro
Tem Matteson questioned whether any laws have been passed since
initial approval that would outdate plan and was advised the only
change was the zoning which would not ultimately affect the project.
Roy C. Roberts, 5871 Argyle Way, Riverside, addressed the following
concerns of Council as related by Councilmembers relative to the
denial of previous request for extension: (1) Pending litigation with
adjoining property owner; related that this has been subsequently
settled; (2) Length of time elapsed since tentative approval - related
various extenuating circumstances which delayed the project including
financial constraints and the easement litigation. Requested Council
reconsider prior decision and grant extension.
In response to Mayor Pro Tem Matteson, Mr. Roberts estimated
construction to begin in 60-90 days. Responding to Councilman Evans
relative to initial approval of project, Mr. Roberts believed it was
finalized by the County in behalf of the City. Councilman Evans
further questioned regarding any insurmountable engineering problems
that would necessitate the project going back through the Planning
Commission; City Engineer Kicak foresaw no major engineering problems.
CC-85-341 Motion by Mayor Pro Tem Matteson, Second by Mayor Grant, to rescind
prior action (Motion No. CC-85-318) and grant a one-year extension for
Tentative Tract 11450 (Roy C. Roberts), carried, 4-1, with Councilman
Petta abstaining due to potential conflict of interest.
TRAFFIC SIGNALS - BARTON ROAD/MT. VERNON
City Engineer Kicak clarified the discrepancy between the current
$48,000 budgeted to install left turn arrows for traffic on Barton
Road, and the estimated $100,000 actual cost to be a combination of
the following: (1) Added costs to obtain right-of-way at the
northwest corner of the intersection; (2) The type of signal proposed
would require a different_foo.ti.ng, thereby increasing the cost for
improvement of the land.
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El
Councilman Evans questioned if anything could be done to coordinate
with the property owners to improve the land without acquiring title.
City Attorney Hopkins advised that an easement could be obtained,
however, current improvements should be researched to see if they are
located on City property due to prescription; and, that, although
acquiring fee title would not be necessary to make the improvements,
it may be preferable.
Responding to Councilman Evans relative to estimated cost to install
the left turn arrows, assuming the right of way was secured, City
Engineer Kicak approximated $80,000. Due to the exhorbitant cost not
previously budgeted for, Councilman Evans felt at this time issue
should not be pursued further. Mayor Pro Tem Matteson, in concurrence
with Councilman Evans, felt issue should be postponed until next year
and budgeted for at that time. Councilwoman Pfennighausen requested
the Press be notified relative to the reasons for delaying action.
STREET LIGHTING
Street Lights - Barton Road/Mt. Vernon
City Engineer submitted costs of providing street lights on Barton
Road and Mt. Vernon Avenue; advised the total monthly figures are
based upon the current energy costs for the lights at Canal Street,
Palm Avenue and Honey Hill Drive. Mayor Grant questioned why the
Barton Road proposed street light plan began at Michigan, stating he
? felt La Loma Hills should also be included.
Councilman Petta voiced objection to assessing residents with a tax
for street lighting; felt lights should be installed on existing poles
(since the installation is free) and that the City continue paying the
energy costs. City Attorney Hopkins noted that the City is not
currently paying those energy costs and the installation of the
additional lights would substantially increase monthly energy charges;
Finance Director Schwab clarified current energy cost to be
approximately $2500 a month and with the additional lights would
increase by $1100 monthly.
Councilman Evans stated that, although lights are important, when
taking into consideration the beautification of the City, he could not
support the installation of unattractive wooden poles; felt no action
should be taken and the lights phased in as part of development.
Motion by Councilman Petta, Second by Mayor Grant, to install light
fixtures on existing wooden poles and pay the increased energy cost
out of General Fund Balance.
Councilwoman Pfennighausen, with Mayor Pro Tem Matteson in
concurrence, voiced concern relative,to spending money out of General
Fund Balance for street lighting until such time funds are budgeted
and reserved for that purpose, therefore, not in support of Motion.
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City Manager Armstead expressed nonsupport of allocating any reserve
funds until other matters are resolved; requested Council postpone
action at this time.
In light of above concerns expressed, Mayor Grant withdrew his Second,
therefore, Motion died for lack of Second.
1972 Landscaping and Street Lighting Act Assessment District
City Engineer Kicak submitted Engineering report previously
accomplished relative to establishing an Assessment District under the
1972 Landscaping and Street Lighting Act which provides only for
energy costs. If a District was to be formed to install additional
street lighting at a cost to the property owner, it would have to be
established pursuant to the 1913 and 1915 Acts.
Councilman Evans questioned whether a community can impose an
Assessment District solely for the purpose of paying energy costs;
City Attorney Hopkins advised the Supreme Court (Shore vs. San Jose)
ruled the payment of energy costs was a valid assessment allowable
post Proposition 13A and 13B; relative to the specific case in Rialto
cited at last meeting, advised the judgment (not final) was based upon
improper filing of public notices.
Relative to forming an Assessment District in 1983, Councilman Evans
questioned if petitions were circulated among property owners; City
Engineer Kicak related this was done, however, none were submitted.
Councilman Evans felt the formation of an Assessment District
merely a fancy way to tax people, therefore, not in support; suggested
the following: (1) Send out survey to residents regarding the
formation of an Assessment District; (2) If survey has favorable
results, explore the possibilities of establishing issue as a 1986
ballot measure. Council indicated full support of placing measure on
the ballot.
Closed Session - Council recessed to Closed Session at 9:47 p.m., with
Finance Tirector Schwab, City Attorney Hopkins, and City Manager
Armstead in attendance.
Reconvened at 10:20 p.m., with all members present. Mayor Grant
announce the purpose of the Closed Session was to confer with the
City Attorney on pending and potential litigation and discuss a
personnel matter; advised that no action was taken.
ADJOURNED at 10:21 p.m. The next regular meeting will be held
uTfi rsday, December 12, 1985, at 5:30 p.m.
APPROVED:
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Respectfully submitted,
My Clerk