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04/12/1984CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - APRIL 12, 1984 A regular meeting of the City Council of the City of Grand Terrace was called to order at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace, California, on April 12, 1984, at 5:48 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman 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 Pastor Jerry Folsom, First Baptist Church of Grand Terrace, followed by the Presentation of Colors and Pledge of Allegiance by Girl Scout Junior Troop No. 263. PRESENTATION OF CERTIFICATES OF MERIT Mayor Grant and Sheriff Tidwell presented Certificates of Merit to the following citizens for assisting in the identification of individuals involved in crimes within the City: Kevin 011erton; Emily Medina; Pauline Dominguez; Jill McMeans; Eric Walker; Bobbie Walker; and Michael Cardoza. Recess was called at 6:05 p.m. and reconvened at 7:43 p.m. with all me— mm ers present. CRIME PREVENTION COMMITTEE Chairperson Susan Crawford reported the following: (1) Work is continuing on the Neighborhood Watch Program; and (2) the Committee is developing a tracking system of dates and times of daytime burglaries. PROCLAMATIONS Mayor Grant read and presented proclamations designating April as "Child Abuse Awareness" Month, and April 17-23 as "Victims Rights Week" to Susan Crawford, Crime Prevention Committee Chairperson. El HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Chairperson Barbara Mathews reported the following: (1) the Country Fair will be held November 3; would appreciate assistance and involvement of all City committees; (2) approximately 150 responses have been received to the Cultural Survey, which will provide valid information to the Parks & Recreation Committee; (3) received a newspaper article concerning the City dated February 17, 1918; and (4) requested approval to purchase a two -drawer filing cabinet to be kept at her home in order to maintain files for the Committee. CC-84-61 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES to approve the purchase of a two -drawer filing cabinet for the Historical & Cultural Activities Committee from that Committee's budgeted funds to be retained at Chairperson Mathew's home. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) two sets of minutes have been prepared; (2) the Committee and the Chamber of Commerce are planning a golf tournament as a fundraiser for the Chamber and a "Train Don't Strain" Run. CC-84-62 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, All AYES to approve a one-third lighting subsidy not to exceed $500 for the Colton -Terrace Little League Senior Division for the 1984 season. Professional firm for parksite acquisition - The Parks & Recreation Committee---sul—mil-t—ted a request to consider hiring a professional firm to represent the City in acquiring property for future parksite development; The Community Services Director concurred, indicating an acquisition agent could be helpful if the City wished to acquire property currently owned by So. California Edison, and recommended budgeting $8,000 for this purpose. Mayor Grant, Councilman Rigley, Councilman Petta and Councilman Nix questioned the need for a professional firm, feeling Staff could perform this function, and indicating funds will not be available for several years to pursue this project; Councilwoman Pfennighausen supported the request, feeling previous Staff negotiations with Edison had been unsuccessful, and that it could be possible to acquire the property at very little cost, with proper negotiations. CC-84-63 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES to request Staff to investigate alternatives to acquire park property. Mr. William Garton, Colton -Terrace Senior League Vice -President, thanked Council for the lighting subsidy; extended an invitation to attend opening ceremonies on April 14; supported acquisition of park property and offered to assist in raising funds for purchase; requested and received Council support of request to Terrace Hills Junior High to install fencing around the ball diamond which includes temporary openings to prevent interference with the running track. F1 Recess was called at 8:22 p.m. and reconvened at 8:24 p.m. with all memFers present. CIVIC CENTER CONSTRUCTION City Manager Armstead advised Architect's Field Report No. 12 was provided for information; the columns have been poured; the arbitration hearing has been scheduled for June 11-12, and has been requested to be held in San Bernardino. MINUTES - (3-8-84) (3-22-84) CC-84-64 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES to approve the Minutes of March 8, 1984 as amended to reflect that Sanford Collins was nominated as a member of the Board of Directors on Page 5. CC-84-65 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, to approve the Minutes of March 22, 1984 as presented carried 4-0, with Councilman Rigley abstaining. CONSENT CALENDAR Items 4A, 4F, 4G, 4L, 4M, 4P and 4Q were removed for discussion. CC-84-66 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES to approve the following Consent Calendar Items: B - RESOLUTION NO. 84-07 - RESCINDING RESOLUTION NO. 83-25 AND AMENDING EPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY; C - RESOLUTION NO. 84-08 - URGING LEGISLATORS OF THE STATE OF CALIFORNIA TO SUPPORT SB 575 (FORAN) ESTABLISHING A LIMIT ON THE LEGAL DOCTRINE KNOWN AS THE "DEEP POCKET" RULE; D - Ratify Negative Declaration & direct City Clerk to file Notice of Determination for SA 83-7 (Wilden Pump & Engineerig Company); E - Ratify Negative Declaration & direct City Clerk to file Notice of Determination for CUP 84-1 (Auto Body, Paint & Repair Shop); H - RESOLUTION NO. 84-09 - PROVIDING FOR THE ASSESSMENT OF COST RESULTING FROM THE A A EMENT OF A HAZARDOUS CONDITION BY THE PUBLIC WORKS DEPARTMENT (11958 Canal); I - RESOLUTION NO. 84-10 - PROVIDING FOR THE ASSESSMENT OF COST RESULTING FROM THE ABATEMENT OF A HAZARDOUS CONDITION BY THE PUBLIC WORKS DEPARTMENT (12610 Michigan); J - Authorize Finance Department to release $500 deposit to Joan Trammell, 22119 DeBerry; PM/84 K - Approve a 3-year extension for Tentative Tract 9773; N - Authorize City Clerk to record Notice of Completion for construction of Group W Cable TV Distribution System (Ord. No. 59); 0 - Authorize Mayor, as the City's representative on the City Selection Committee, to vote for Councilman William Kragness, Fontana, to serve on the LAFC. CHECK REGISTER NO. 041284 Councilwoman Pfennighausen referenced Warrant No. 12060, $1,072,30, to repair sinks and questioned if the costs could be recovered. In discussion it was noted that the utility companies, including Riverside Highland Water Company, were excluded from the deposit requirement for street cuts; Council indicated if problems continue, the policy will be amended to reflect that deposits will be required by the offending utility companies. CC-84-67 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES to approve Check Register No. 041284. The City Attorney was directed to take action to recover the costs incurred to repair the street cuts. RIVERSIDE HIGHLAND WATER COMPANY Mayor Grant stated correspondence was received from Mrs. Khacherian and Ed O'Neal voicing concern for the company's policy on terminating service. City Engineer Kicak noted correspondence should be directed to the State Health Department. Barney Karger, 11668 Bernardo Way, stated the City has the lowest water rates in Southern California; recommended electing an individual to represent the City on the Board of Directors rather than involving the State Health Department. Ed O'Neal, 22608 Minona, voiced objection to the charges for resuming service and the policy for terminating service; noted his letter to Council regarding this matter included a request that the City consider purchasing the water company; noted he would donate his share; indicated as Chairman of the Concerned Citizens of Grand Terrace, will be calling a meeting regarding this matter. City Manager Armstead stated a meeting has been scheduled with the water company on April 17 to discuss various issues. CUP 84-3 (MINI -WAREHOUSES CC-84-68 Following clarification of the project, Motion by Mayor Grant, Second by Councilman Nix, ALL AYES to approve ratification of the Negative Declaration and to direct the City Clerk to file a Notice of Determination for CUP 84-3 (Mini -Warehouses). 0 Page 4 - 4/12/84 BINGO LICENSE RENEWAL CC-84-69 Following clarification, Motion by Mayor Grant, Second by Councilwoman Pfennighausen, ALL AYES to approve a one-year Bingo License renewal for the Grand Terrace Lions Club. BID REQUEST - ARCHITECTURAL BARRIER REMOVAL PROJECT CC-84-70 Following clarification, Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES to authorize the bid request for the Architectural Barrier Removal Project.(GTB 84-09) NOTICE OF COMPLETION - GTC 83-37 Approval of this project was deferred until painting of the Community Center Restrooms has been completed satisfactorily. RESOLUTION - 1984 SERIES A BOND ISSUE This item was deferred to the meeting of April 18. BUSINESS LICENSE FEE WAIVER CC-84-71 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, ALL AYES to approve a business license fee waiver to conduct a "Spring Fling" fundraiser for Senior Citizens by Christ the Redeemer Church subject to verification that the location meets Health Department requirements for child care, and that Mrs. Broussard has a current, valid child care license. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, advised sufficient funds were received to purchase several trees to be placed at Terrace Hills Community Park in memory of Beth Rollins. Barney Karger, 11668 Bernardo Way, stated the Planning Commission did not review the entire General Plan Update; objected to the present Circulation Element; recommended widening the east side of Canal Street between Carhart and Newport, since the west side is improved. Danny Schwier, 22843 De Soto, felt certain matters on the Council Agenda are unnecessary; objected to the request to sign a lien against his Canal Street property for future development improvements without designating the amount and when the improvements will be done; indicated such action will make it difficult to market the property. Councilman Rigley recommended alternatives. City Engineer Kicak stated the request was pursuant to Council policy established in 1980 to accept dedication and require the property owner to sign an agreement with the City that would be a covenant with the land for a five-year period during which the property owner would be responsible for the cost of the improvements. City Attorney Hopkins stated PM/84 enforcement methods are limited; felt this is the best method; the alternative would require bonding, which is expensive to the property owner. PLANNING COMMISSION CC-84-72 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES to direct Staff to set a Special Meeting of the Planning Commission in a joint session with the City Council on April 26, 1984 at 7:00 p.m. to conduct a public hearing on the General Plan and to consider approval of the Specific Plan, the tentative tract map and the site and architectural review for Tract 12553. CC-84-73 CC-84-74 CRIME PREVENTION COMMITTEE Motion by Councilman Nix, Second by Councilman Petta, ALL AYES to accept the resignations of Linda Bianchi and Edward Kelly, an alternate, from the Committee. Recess was called at 9:30 p.m. and reconvened at 9:45 p.m. with all members present. ORDINANCE NO. 78 - AN URGENCY ORDINANCE ADOPTING SAN BERNARDINO COUNTY 16 BY REFERENCE, INCLUDING ANY AMENDMENTS THERETO, PERTAINING TO THE ADOPTION AND AMENDMENT OF THE 1982 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS. City Attorney Hopkins read the title of the Ordinance. City Engineer Kicak advised a new set of fire codes is published every three years; San Bernardino County has adopted those codes, by reference, with certain amendments; recommended adopting the County's ordinance to ensure uniform enforcement. Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES to adopt Ordinance No. 78 by title only. CITY MANAGER REPORT City Manager Armstead advised a St. Jude Children's Hospital Bike-A-Thon will be held in the City May 5. EMERGENCY OPERATIONS COMMITTEE Minutes of January 19, 1984 and February 16, 1984 were distributed. COUNCIL REPORTS Councilman Nix recommended a closer scrutiny of agendas to ensure only necessary matters are presented to Council. Councilman Petta stated Mr. Arkebaur has voiced concern about excessive speeding on Arliss Drive and requested a speed limit sign and speed enforcement. Mayor Grant requested speed enforcement of that area. Page6- 4/g2/84 Councilwoman Pfennighausen advised she met with Supervisor Barbara Riordan and provided her information on previous negotiations relative to the proposed library in the Civic Center; was advised information will be forthcoming in two weeks relative to funding and managing of the library. Read a letter from Gladys Bader relative to service problems with Riverside Highland Water Company. Ma or Grant reported the following: (1) represented the cities at the LAK Meeting and spoke in behalf of the Highland citizens; the LAFC voted to approve the sphere of influence for the City of San Bernardino; and (2) feels that, based upon correspondence previously received from former Supervisor David McKenna, the County has obligated itself to provide a branch library. PRIVATE ROADWAY ON VICTORIA STREET City Engineer Kicak stated Council was provided with a letter from David Cooley requesting permission to construct a private driveway in the public right-of-way to provide access to three parcels; felt no benefit would be derived from requiring dedication; recommended approval for safety purposes. CC-84-75 Motion by Councilman Rigley, Second by Councilman Nix, ALL AYES to: (1) Approve the request by David Cooley to construct a 20-foot wide roadway in Victoria Street to provide access to parcels 2 and 3 of PM 483 and to the parcel located on the southeasterly corner of Victoria & Barton Road owned by Mr. Beckwith, as outlined in the Staff Report and attached map; and (2) the City will not accept the maintenance responsibility for any improvements installed. TIME EXTENSION - SA 82-6 Planning Director Kicak stated a request was received on February 14, 1984 from Barney Karger for retroactive approval of Site Plan 82-6 on Tentative Tract 12218; the City's ordinance provides for extension of time of site approval provided the request is made prior to the expiration of approval, which is one year; there are no provisions in the ordinance to allow, deny, or extend the time period retroactively; in this case, the time expired on June 24, 1983, and no extension request was received; Mr. Karger requested the matter be presented to Council; recommended taking no action on this matter. Applicant Barney Karger advised he forgot the site approval was for one year and presumed it would expire at the same time as the Tentative Tract, June 9, 1984; has been advised retroactive approval is a common practice; stated the City Attorney has indicated no objection and implied Council can take action; stated if approval is not granted, much work will be required and an extensive delay; the subject parcel, on Mt. Vernon and DeBerry, has streets, curbs and gutters installed; the water lines are across the street and the sewer has been run out to that property and the water line. Page 7 - 4/12/84 Councilman Nix questioned if any benefit would be derived or if there would be any risk involved if the extension is not approved, other than non-compliance with the ordinance. CC-84-76 Motion by Councilman Nix, Second by Councilman Rigley, to approve a retroactive time extension, as requested by Mr. Karger, for SA 82-6. Following clarification by City Attorney Hopkins that pursuant to the ordinance, the time can only be extended once for a one-year period, with the Site Plan to now expire June 24, 1984, Motion No. CC-84-76 carried, ALL AYES. CAPITAL IMPROVEMENT FUND FEES City Engineer Kicak stated Wilden Pump & Engineering Company has requested a partial refund of the fees which the firm paid prior to the issuance of building permits, pursuant to Ordinance No. 44 which provides for such a request and Council action. The fees for the portion presently being developed are $1,970; the fees paid were $6,530.40; recommended refunding $4,613.40. CC-84-77 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES to authorize the refund of $4,613.40 to Wilden Pump & Engineering Company for capital improvement fund fees. ORDINANCE NO. 57/1979 UBC ENFORCEMENT - 22558 CARDINAL City Engineer Kicak advised additional structures on this property have been constructed over a period of time without building permits; the owner has been notified several times, with no response other than acknowledgment of a certified letter; recommended action to bring the property into conformance. Councilwoman Pfennighausen objected to the Staff recommendation; questioned if complaints had been received and if the owner would be required to tear down the illegal structures. City Engineer Kicak stated he felt the recommendation is consistent; stated a neighbor started adding onto his garage since the property at 22558 Cardinal was built out to the sidewalk; when the neighbor was advised it was illegal, he tore it down. Councilman Rigley felt the property owner is in flagrant violation and that Council has a responsibility to enforce the ordinances. CC-84-78 Motion by Councilman Rigley, Second by Councilman Petta to instruct the City Attorney to commence action to bring 22558 Cardinal Street into conformance with Ordinance No. 57 and the 1979 Uniform Building Code carried 4-1, with Councilwoman Pfennighausen voting NOE. AN ORDINANCE RESCINDING ORDINANCE NO. 74 & ADOPTING DIVISION 8 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE BY REFERENCE, INCLUDING AMENDMENTS THERETO, WHICH ADDS PROVISIONS PERTAINING TO UNDERGROUND STORAGE OF HAZARDOUS SUBSTANCES. (First Reading) City Attorney Hopkins read the title of the Ordinance. City Manager Armstead recommended rescinding Ordinance No. 74 providing for City El� enforcement, since the Fire Department personnel are not trained to handle this function, and adopting the County Code pertaining to this matter to allow the San Bernardino County Department of Environmental Health Services, Hazardous Waste & Toxic Control Section, to handle the program on a fee -for services basis, with fees ranging from $81 to $300 per year. CC-84-79 Motion by Councilman Nix, Second by Councilman Petta, to approve the first reading of the ordinance pertaining to underground storage of hazardous substances by title only and to set second reading and public hearing for April 26, 1984. Councilwoman Pfennighausen stated the ordinance should include the right of the public to know how, where and what hazardous materials are stored within the community. Motion No. CC-84-79 carried, ALL AYES. BUDGET APPROPRIATION - ENGINEERING/BUILDING & SAFETY/ PLANNING City Manager Armstead recommended a $15,861 budget appropriation for the subject areas for the remainder of the fiscal year; advised these department budgets were reduced during the budget process, while the demand for services has increased; certain projects have been requested requiring engineering services for which no line items were established; funding for those services was acquired from the City Manager and City Engineer line items; noted Council was provided a summary of accounts, budget comparison, projected revenues and expenditures which was outlined in a memorandum from the City Engineer. Councilman Nix stated at the time the budgets were reduced, Council was advised there could be certain areas of increased activity which would also increase the revenues; the information provided reflects this has occurred. CC-84-80 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to: (1) Authorize the transfer of $8,000 from Public Works, Contractual Services, Line Item No. 10-4610-255 to City Engineer, Professional & Special Services, Line Item No. 10-4170-250; and (2) Appropriate $15,861 from the General Fund Balance to cover the appropriations as listed in the Memorandum from the City Engineer to the City Manager dated March 30, 1984. ADJOURN - The regular meeting adjourned at 10:36 p.m. to a joint a—Tc`ourned regular meeting with the CRA to be held April 18, 1984 at 5:30 p.m. at the Terrace View Elementary School. APPROVED: Page 9 - 4/12/84 Respectfully submitted Ci VC1erc