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01/23/1986CITY OF GRAND TERRACE COUNCIL MINUTES I REGULAR MEETING - JANUARY 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 January 23, 1986, at 5:35 p.m. PRESENT: Hugh J. Grant, Mayor Byron Matteson, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Dennis L. Evans, Councilman Tom Schwab, Acting City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Ilene Dughman, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Pastor Larry Wilson, Praise Fellowship Foursquare Church, followed by the Pledge of Allegiance, led by Captain Bradford. r ITEMS ADDED TO AGENDA 7E - Closed Session. SPECIAL PRESENTATIONS Certificate of Commendation - Dave Jones, Group W Cable TV Mayor Grant read and presented a Certificate of Commendation to Dave Jones of Group W Cable TV; Council thanked and congratulated him for an outstanding job. Air Conditioning - Terrace Hills Jr. High School, Ruth Pruitt Ruth Pruitt, 22638 Cardinal Street, a concerned parent, addressed subject of acquiring air conditioning at Terrace Hills Jr. High School for the health, safety and concentration of the students; requested item be considered top priority for next fiscal year budgeting. Wendy Curran, representing Grand Terrace Elementary School, voiced support of above, feeling it a community concern to be dealt with as high priority. David Pruitt, representing the students at Terrace Hills Jr. High School, reiterated above concerns and requested air conditioning for the betterment of education. Wendy Patrick, PTA member, concurred with aforementioned observations in support of the installation of air conditioning as expeditiously as possible. Page 1 - (1/23/86) Mayor Grant, with Council in concurrence, indicated prior support for air conditioning in the schools, felt it high priority, and an item which should be included in the fiscal 1986-87 budget. Acting City Manager Schwab advised alternative avenues of financing are currently being explored to cover the expenditure. CONSENT CALENDAR The following items were removed from the Consent Calendar for discussion: Item A - Approve Check Register No. 012386, Item D - Approve 1/9/86 Minutes, Item G - Approve Annual Regional Transportation Improvement (RTIP) 5-Year Plan Report. CC-86-17 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar Items: B. Ratify 1/23/86 CRA Action; C. Waive Full Reading of Ordinances on Agenda; F. RESOLUTION NO. 86-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND , PROVIDING FOR THE ASSESSMENT OF COST RESULTING FROM THE ABATEMENT OF A HAZARDOUS CONDITION BY THE CITY ENGINEER (22149 Van Buren - AP277-441-24); H. Approve Attendance of California Parks and Recreation Conference in Fresno, March 6-9, 1986, by Randy Anstine; I. RESOLUTION NO. 86-06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND E AC , A, ESTABLISHING A "LOADING ZONE" ON THE SOUTH SIDE CURB FRONTING THE CIVIC CENTER ON BARTON ROAD; J. Accept Quitclaim Deed for Surplus Property Located on the West Side of Barton Road North of the City Limits (AP276-371-11). Councilwoman Pfennighausen introduced Cindy Dean, Grand Terrace's candidate for the Miss Teen America Pageant; congratulated and wished her success in the competition. CHECK REGISTER NO. 012386 CC-86-18 Following clarification of Warrant Nos. 15494, 15497, and 15462, Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to approve Check Register No. 012386. APPROVAL OF MINUTES (1/9/86) CC-86-19 Motion by Mayor Grant, Second by Mayor Pro Tem Matteson, ALL AYES, to approve the Minutes of January 9, 1986, with the following correction on Page 9, under Council Reports: "Mayor Grant advised he is a candidate for appointment to the Local Agency Formation Commission." Page 2 - (1/23/86) ANNUAL REGIONAL TRANSPORTATION IMPROVEMENT (RTIP) 5-YEAR PLAN REPORT City Engineer Kicak related annual report on Street Improvement as required by SCAG; advised of error in estimated cost of SB 48029 - total amount should be $445,000. Motion by Councilman Evans, Second by Councilwoman Pfennighausen, to approve the RTIP report with the following modifications: SB 48029 to CC-86-20A encompass area from Mt. Vernon west to City limits as first priority, add the widening of Barton Road overcrossing at I-215 to at least 4 lanes as second priority, incorporate the minor improvements as reflected in SB 48033, SB 48034, and SB 48035, and removal of SB 48030, SB 48031, and SB 48032. Relative to future commercial development on Barton Road and anticipated traffic generated therefrom, Councilman Petta spoke in opposition to elimination of SB 48032, which would provide an alternative access of I-215. CC-86-20B Motion by Councilman Petta, Second by Mayor Grant, to amend Motion No. CC-86-20A, to approve the RTIP report as presented, with the boundaries of Barton Road Reconstruction and widening extended to the westerly City limits including the widening of the Barton Road overcrossing at I-215 as top priorities. City Engineer Kicak advised projects are prioritized by fiscal year specification. Councilwoman Pfennighausen opposed widening of Michigan to four lanes due to the possible affect it could have on current residents. Mayor Grant felt widening of Michigan would only extend to certain parameters, indicating residents to the west of Michigan would be protected; supports amended Motion to avoid total elimination of any of the proposed projects which will be prioritized based on fiscal years and can be reconsidered at the appropriate time. Mayor Pro Tem Matteson indicated report merely refl ects a proposed plan, and each issue can be individually reviewed as necessary. Mayor Pro Tem Matteson called for the question. CC-86-21 Motion'by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to overrule the call for the question. Councilman Evans indicated the widening of Michigan as well as the construction of an alternate access (I-215) were initially included due to the possible commercialization of the area south of Barton Road and west of Michigan; however, with the climate of residential development seemingly prevalent, felt they should be eliminated. Motion No. CC-86-20B, to amend Motion No. CC-86-20A, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. !r Motion No. CC-86-20A, as amended by Motion No. CC-86-20B, carried, 3-2, with Councilmembers Evans and Pfennighausen voting NOE. Page 3 - (1/23/86) FIRE CHIEF REPORT Captain Phil DeClerck submitted 1985 Fire Statistic Report, attributing causes for increased fires primarily to arson and adverse 01 weather conditions; advised he would furnish a breakdown of statistics exclusively for Grand Terrace. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRRACE, CA, ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION AND DISPOSAL OF REFUSE CREATED, ACCUMULATED OR PRODUCED WITHIN THE CITY OF GRAND TERRACE (First Reading) City Attorney Hopkins read title of Ordinance. Acting City Manager Schwab related the Ordinance would allow the City to franchise with one firm; referenced Council direction at the meeting of July 25th; noted receipt of correspondence from Cape Terrace Homeowner's Association, Curran's Disposal, Mark's Disposal, Robert Tilley, 21831 Barton, and Jeannie Gallagher, Manager of Grand Royal Mobile Estates, all voicing objection to granting a franchise agreement to Loma Linda Disposal Company. Mayor Grant noted, For the Record, receipt of correspondence from Gary and Corinne Robinson, 22135 De Berry, Von Kanel, 11981 Canal, and Larry Halstead, 22675 Barton, to be considered as input on first reading of Ordinance. Joe Avakin, representing Jack's Disposal, Curran's Disposal, and Mark's i sposal , Dav i d 0. Smi th, on behal f of Mark's Di sposal , Harol d Clark, representing La rosse treet Shopping Center, Glen Clarc1_,_TT10 UatFuilla, John Matthews, 11733 Litton Drive, Lee Swert a er, 124,38 Michigan, Stan Curato o, Manager of Ross's Liquor and GrandTerrace Liquor, Norm utter y, 12168 Mt. Vernon, representing Cape Terrace Town Homes, Joe Hosc , 12150 Country Club Lane, and Barney Karger, 11668 Bernardo Way, spoke in opposition to proposed r inance, emphasizing importance of maintaining competition and preserving the private enterprise system; requested other alternatives be explored. Relative to the proposed refuse collection contract, Mayor Grant voiced opposition to rate increases being allowed based on the CPI up to 10% per year without review of the Council ; felt more public notice should be given. Councilman Petta recommended staff meet with individuals concerned to discuss possible alternatives. Councilman Evans opposed the Ordinance feeling it removes an individual's freedom of choice and such an action would invite abuse; supports the free enterprise system. City Attorney Hopkins clarified the proposed Ordinance is not a franchise Ordinance; it would allow the City to control and regulate the collection of refuse including contracting -out services, if desired; indicated emphasis should be to meet with various contractors within the purview of an agreement; advised the law requires companies to be phased -out over a 5-year period. Page 4 - (1/23/86) Councilwoman Pfennighausen noted a telephone call from Mary Millage Fitzgerald, 22317 Barton Road, advising she and her mother expressed opposition to a franchise agreement and satisfaction with current services. Councilwoman Pfennighausen felt system is working well and should be left alone. Mayor Pro Tem Matteson, in concurrence, opposed the City controlling refuse collection. CC-86-22 Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to deny adoption of proposed Refuse Ordinance. Mayor Grant, with Councilman Petta in concurrence, felt issue should be continued and not eliminated; both cited the importance of regulatory control over refuse collection for the protection of residents and to give interested parties the opportunity to address subject further. Motion No. CC-86-22 carried, 3-2, with Mayor Grant and Councilman Petta voting NOE. Recessed at 7:18 p.m.; reconvened at 7:37 p.m., with all members present. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, DEALING WITH NOISE AND DECLARING THE EMISSION OF CERTAIN NOISES TO BE A NUISANCE (Second Reading) City Attorney read the title of Ordinance and related amendments made thereto in Sections 4 and 6. Mayor Grant opened Public Hearing. Barney Karger, 11668 Bernardo Way, felt proposed Ordinance needed more interpretation. Supporting Testimony Chester Easter, 21963 Tanager, Scott Lanier, 21973 Tanager, Dan utter ie 2796 Royal Avenue, and DicFTollins, 22700 DeBerry, spoke in support of the proposed Ordinance. Opposing Testimony Tom Thompson, Inland Lumber Company, spoke in opposition to proposed Or i nance; el t it unfair and selective relative to lumber mills and trucking businesses; requested it be reassessed and rewritten to be less selective and restrictive. Lee Swertzfeger, 12438 Michigan, requested clarification of Ordinance, relating his concern with continuing his trucking business of 20 years. City Attorney Hopkins advised that Ordinance as written could affect the operation of his business. Page 5 - (1/23/85) Supporting Rebuttal Chester Easter, Dan Butterfield, and Scott Lanier, attributed avid concern and special interest in Noise Ordinance to their desire for a peaceful and quiet environment. Opposing Rebuttal Tom Thompson related that Inland Lumber Company desires to cooperate and be good neighbors, however, Ordinance as it stands appears too restrictive; indicated willingness to comply with restrictions as written in Noise Ordinance proposed on January 9, 1986. Mayor Grant closed Public Hearing. Mayor Pro Tem Matteson voiced opposition to proposed Ordinance; felt it an overkill requiring additional modifications. Councilman Evans felt the Ordinance is not intended to single -out any particular business, but a necessary device for the regulation of noise pollution; recommended adding a section defining to whom citations would be written and felt a 3-4 month moratorium period should be granted Inland Lumber Company for compliance. CC-86-23 Motion by Councilman Evans, Second By Councilwoman Pfennighausen, to adopt first reading of Noise Ordinance, by title only, with the following modifications: (1) For enforcement purposes, insert section defining who will be cited for violations; (2) Add a 90-day moratorium period for compliance. 0 Councilman Petta suggested meeting with individuals to attempt to satisfy all parties concerned. Councilwoman Pfennighausen felt a 90-day moratorium not necessary, since Ordinance would not be effective for at least 45 days. Mayor Grant not in support if moratorium deleted from Motion. Motion No. CC-86-23 modified by Councilman Evans, with its Second in concurrence, to exclude moratorium period and add a section with language defining intent of Ordinance not meant to preclude the mere starting of a truck in preparation of moving directly off one's property. Motion No. CC-86-23, as modified, carried, 3-2, with Mayor Grant and Mayor Pro Tem Matteson voting NOE. Mayor Pro Tem Matteson introduced Mr. Gene McMeans, the new Manager of Riverside/Highland Water Company. TENTATIVE PARCEL MAP 9666 - APPLICANT, PACIFIC BELL TELEPHONE City Engineer Kicak related Tentative Parcel Map 9666 is for the purpose of segregating a small parcel of land from a larger one for Page 6 - (1/23/85) construction of a remote switching station; advised of Planning Commission's recommendation to approve subject to conditions set forth. Mayor Grant opened Public Hearing. John Starner, 2627 S. Waterman, representing Pacific Bell, indicated accep ance of conditions of approval as presented; however, noted the following typographical error in Item 8: Relating to curb, gutter, and sidewalk improvements, Parcel 2 should be changed to Parcel 1. Advised architectural renderings have been submitted to the Planning Commission. Lee Swertfeger, 12438 Michigan, supported approval of project. Mayor Grant closed Public Hearing. CC-86-24 Following clarification relative to improvements and landscaping, Motion by Councilman Evans, Second by Councilwoman Pfennighausen, ALL AYES, to approve Tentative Parcel Map 9666, subject to conditions set forth by the Planning Commission. REVISED TENTATIVE PARCEL MAP 9448, APPLICANT - MR. & MRS. PEARSON City Engineer Kicak advised Revised Tentative Parcel Map 9448, located between Canal and Mt. Vernon northerly of Barton Road, has been recommended for approval by the Planning Commission subject to conditions set forth. Mayor Grant opened and closed Public Hearing with no testimony given. CC-86-25 Following clarification of curb and gutter improvements, Motion by Councilwoman Pfennighausen, Second by Councilman Evans, ALL AYES, to approve Revised Tentative Parcel Map 9448, subject to conditions set forth by the Planning Commission. PLANNING COMMISSION REPORT - Minutes of the December 16, 1985 meeting and report regar ing anuary 20, 1986 meeting were provided. With regard to January 20th Planning Commission report, Councilwoman Pfennighausen referenced recommendations relative to an attached garage requirement and a 900 square footage minimum requirement for apartments; felt these were not minor revisions and should be addressed by the Title 18 Review Committee. Councilman Petta advised they were suggestions to be considered through the Public Hearing process for the purpose of maintaining quality development and gaining public input. HISTORICAL AND CULTURAL ACTIVITIES COMMITTEE REPORT - Minutes of the November 25, 1985 meeting and report of expen itures for FY 1985/86 as of 1/14/86 were provided. Viola Gratson, Chairperson, related the following for Council consideration: (1) Appointment of Pauline Grant to fill vacancy on Committee; (2) Appropriation of funds to purchase a display case for exhibition of historical and cultural artifacts. Page 7 - (1/23/86) CC-86-26 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, to approve the appointment of Pauline Grant to fill the unexpired term of Barbara Mathews to expire 6/30/86, carried, ALL AYES. Mayor Pro Tem Matteson questioned and was advised the source of funds for purchasing display case is the General Fund Balance. Councilwoman Pfennighausen voiced concern relative to rapidly decreasing that fund. CC-86-27 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, to appropriate $800.00 from the General Fund Balance to be transferred to Account #10-804-220 to cover the cost of display case. CRIME PREVENTION COMMITTEE REPORT - Dick Rollins, 22700 DeBerry, reported on Town Hall meeting o January 21, 1986; excellent presentation by the San Bernardino County Sheriff's Department - encouraged participation. POLICE CHIEF REPORT - Captain Bradford submitted report reflecting survey of thefts occurring in residences with garages opposed to carports; indicated cars parked in garages had not been burglarized. Mayor Pro Tem Matteson, with Councilman Petta in concurrence, felt report justified the necessity of requiring attached garages for future developments within the City. Councilman Evans commented that single-family homes have a higher burglary rate than multi -family; therefore, felt multi -family developments should be explored. Councilwoman Pfennighausen did not feel report justified requirement for garages. CITY COUNCIL REPORTS 0 Councilman Petta relayed intention to attend the Zone 2 County Flood Control meeting in behalf of Mayor Grant. Mayor Pro Tem Matteson related that the "Deep Pockets" bill introduced y Jarvis will e p aced as an initiative on the November ballot. Mayor Grant reported the following: (1) Voiced support of non -partisan elections at the local level (ACA-7); (2) Receipt of staff report from the Building and Safety Inspector relative to modification of a wall in the Chamber of Commerce building. Recessed at 9:28 p.m.; reconvened at 9:43 p.m., with all members present. MASTER PLAN/GENERAL PLAN UPDATE City Engineer Kicak submitted a revised Master Plan and General Plan Update timetable including a boundary map showing the Master Plan area; advised the estimated cost to accomplish aerial photos and topography for the Master Plan at $3,700 and preliminary engineering for rough grading, drainage, sewer and street layout approximately $6,500 for a total of $10,200; General Plan Update costs for additional staff time and printing are anticipated to be $7,300. Page 8 - (1/23/86) Mr. Kicak related staff's recommendations to approve timetables as submitted and appropriation of necessary funds. Councilwoman Pfennighausen felt appropriation of funds at this time would substantially deplete our reserve; therefore, not in support. Acting City Manager Schwab suggested considering urgency and possibly deferring additional funding until next fiscal year. Councilman Evans not in support of expending additional funds, indicating the Planning Department should accomplish both the Master Plan and General Plan Update within the constraints of existing budget. In response to Councilman Petta relative to the necessity of a General Plan Update at this time, Councilman Evans related importance of current statistical data for land use and development decision making. Due to opposition of substantially depleting existing General Fund Balance to accomplish a General Plan Udate, Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, to postpone the General Plan Update until next fiscal year and direct the Planning Department to complete the Master Plan within existing budget. Councilman Evans recommended including the General Plan Update in the Motion; felt Mr. Kicak previously indicated the General Plan Update could be accomplished within existing budget; questioned reconsidera- tion of in-house planning. City Engineer Kicak assured he would attempt to comply with accomplishing both projects to the best of his ability within current budget; however, would not include aerial photos and topography; advised amending the General Plan is a long and involved process, depending to what extent it is to be updated. Mayor Pro Matteson requested Motion be modified to include the General Plan Update with the Master Plan as first priority. Councilman Petta felt expension of additional funds necessary to produce a quality job; thus, due to non -concurrence with requested modification, withdrew his Second; therefore, original Motion died for lack of Second. CC-86-28 Motion by Mayor Pro Tem Matteson, Second by Councilman Evans, to direct the Planning Department to accomplish both the Master Plan and General Plan Update within existing budget with Master Plan as first priority. Mayor Grant noted the high probability of both the Master Plan and General Plan Update timetables falling into the next fiscal year's budget; felt additional funding could be explored at that time; therefore, supported Motion. City Engineer Kicak advised he would not submit a product unless it was professionally done to his satisfaction, realizing it could then be criticized and returned for revisions by the Council; advised he would complete whatever feasible within existing budget. Page 9 - (1/23/86) Barney Karger, 11668 Bernardo Way, spoke in favor of approving additional funding if necessary to obtain requested performance; recommended delaying action for the purpose of gaining supplemental information. 0 Motion No. CC-86-28 carried, ALL AYES. Relative to the status of a new Planning Director, City Engineer Kicak advised recruitment was in the advertising process. MEMBER TO SERVE ON TITLE 18 REVIEW AD HOC COMMITTEE Mayor Grant related Council interviewed candidates and, due to the high quality of applicants, discussed the possibility of increasing the public membership from 1 to 3. CC-86-29 Motion by Councilwoman Pfennighausen, Second by Councilman Evans, to increase public membership to 3, thus expanding the Title 18 Review Ad Hoc Committee from 5 to 7 members. Councilman Petta felt 5 members sufficient to accomplish goals, therefore, not in favor of increasing membership. Motion No. CC-86-29 carried, 4-1, with Councilman Petta voting NOE. CC-86-30 Motion by Mayor Pro Tem Matteson, Second by Councilwoman Pfennighausen, ALL AYES, to appoint Ronald Christianson, Daniel McHugh, and Stanley Hargrave to the Title 18 Review Ad Hoc Committee. VIVIENDA OVERHEAD BRIDGE PROJECT City Engineer submitted staff report including costs incurred thusfar and estimated costs for completion. RESOLUTION NO. 86-08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRACE,GRAND PROVING CONSTRUCTION AND MAINTENANCE AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR VIVIENDA OVERCROSSING (GTC-86-01) RESOLUTION NO. 86-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, , CCEPTING EASEMENT FROM SOUTHERN PACIFIC TRANSPORTAION COMPANY GRANTING CITY RIGHT TO REPLACE VIVIENDA BRIDGE OVER THE COMPANY'S RAILROAD TRACKS (CROSSING BH-540-9-A) CC-86-31 Following clarification of construction inspection fees, Motion by Councilman Petta, Second by Mayor Pro Tem Matteson, ALL AYES, to adopt Resolution Nos. 86-08 and 86-09, subject to approval by the City Attorney, and approve the following items relative to the Vivienda Overhead Bridge Project: (1) Amendment to Engineering Design Agreement (GTC84-02-2) with Moffatt & Nichol Engineers; (2) Plans and Specifications; Page 10 - (1/23/86) (3) Construction Schedule; (4) Request for Bids for Construction of Water Lines and Fire Protection System for Burns, Vivienda, and Maple (GTB-86-02); (5) Construction Engineering Services Agreement - Moffatt & Nichol Engineers (GTC-86-03). Closed Session - Council recessed to Closed Session at 10:40 p.m., with cting ity Manager Schwab and City Attorney Hopkins in attendance; Reconvened at 11:00 p.m., with all members present. Mayor Grant announced purpose of Closed Session was to discuss potential litigation; advised no action taken. PERMIT FOR RELIGIOUS SOLICITATION - UNITED STATES MISSION/HUDSON HOUSE Acting City Engineer Schwab related request from the United States Mission/Hudson House to secure a permit for religious solicitation. CC-86-32 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to deny application for permit by United States Mission/Hudson House until such time as a representative appears before Council for the purpose of answering questions. RESOLUTION NO. 86-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALMORNIA, AUTHORIZING THE SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT TO ACCESS SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING, OR CERTIFICATION PURPOSES AND DECLARING THAT THE CITY OF GRAND TERRACE SHALL NOT CONSIDER PERSONS WHO HAVE BEEN CONVICTED OF FELONIES OR MISDEMEANORS INVOLVING MORAL TURPITUDE ELIGIBLE FOR EMPLOYMENT OR LICENSING WITH CERTAIN EXCEPTIONS City Attorney Hopkins related a revision in the Penal Code which no longer allows the City access to information for investigating employment, licensing or certification; recommended adoption of a Resolution to be prepared for that purpose and that it be forwarded to the Office of Criminal Justice. CC-86-33 Motion by Mayor Pro Tem Matteson, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 86-07 to be prepared by the City Attorney and forwarded to the Office of Criminal Justice. Adjourned at 11:08 p.m. The next regular meeting will be held Thursday, February 13, 1986, at 5:30 p.m. APPROVED: Respectfully submitted, Page 11 - (1/23/86)