Loading...
06/09/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JUNE 9, 1983 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 June 9, 1983, at 6:22 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Barbara Pfennighausen, Councilwoman Seth Armstead, City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: Roy W. Nix, Councilman The meeting was opened with invocation by Reverend Dale Goddard, Inland Christian Center, followed by the Pledge of Allegiance, led by Councilwoman Pfennighausen. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, voiced concern for the number of members who have resigned from the Crime Prevention Committee, and indicated a desire to see the programs established by that Committee continued; questioned whether he could serve on this Committee, since he already serves on the Parks & Recreation Committee. The City Attorney advised that Council establishes the committees, as advisory bodies, and the policies governing them; it would therefore be at the discretion of Council. Mr. Rollins Stated construction costs are to increase by 15% in the next 30 days; urged expediting construction bids for the Civic Center. Council discussed whether or not a written policy exists relative to individuals serving on two committees; recommended that Mr. Rollins complete an application for service on the Crime Prevention Committee, to be considered at the June 23 meeting. The City Clerk advised that an application had been received from another individual, which has been awaiting the approval of the Crime Prevention Committee prior to being placed on the Agenda for Council consideration. Questioned if Council wished to consider this application, since a quorum of that Committee no longer exists. Page 1 6/9/83 Council concurred that the individual's application should be considered at the June 23 meeting. Mr. Charles Wood, 12168 Mt. Vernon, advised that he and his business associate, Mr. Louis James, have signed a lease to open a pet store in the Stater Bros. Shopping Center, scheduled to open July 1. Stated when they applied for a busines license they learned that a conditional use permit would be required prior to opening the business. Requested that Council grant a 60-day temporary conditional use permit, to allow time for the Planning Commission to consider granting a conditional use permit, since the Planning Commission will not meet again until July 11, and a public hearing is required. Provided Council with a statement of use for the pet store, and a list of signatures of all but one of the owners or managers of those businesses presently in the shopping center indicating they have no objections to his opening a pet store. He was unable to get the signature of the owner of the laundromat, since the owner is not present. The City Attorney advised that Council could approve a temporary occupancy permit, prior to review by the Planning Commission. Cautioned Mr. Woods that the Planning Commission could deny the issuance of a conditional use permit. The Planning Director stated the zoning code specifically requires a conditional use permit, prior to issuance of an occupancy permit; stated Mr. Woods was advised of the necessary process to procure a conditional use permit. 0 In discussion, clarification was given that Council and the Planning Commission, when formulating the zoning ordinance, determined this type of use could cause some problems, and therefore should be considered on an individual basis. This business would be located between a bakery and a market. Mr. Woods indicated the waste would be disposed of in sealed plastic containers, and a small inventory of live animals would be maintained; indicated he owns a pet store in Chino, with restaurants on both sides, which is acceptable. CC-83-133 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to grant a 60-day temporary occupany permit to Mr. Woods and Mr. James, to open a pet store in the Stater Bros. Shopping Center on July 1, with the understanding that the applicants agree that the business will be discontinued, in the event a conditional use permit is not granted by the Planning Commission, carried 4-0. APPROVAL OF MINUTES (MAY 26, 1983) CC-83-134 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, to approve the Minutes of May 26, 1983 as presented carried, 4-0. Recess was called at 6:50 p.m., and reconvened at 7:03, with all memos present, except Councilman Nix. 1 1 Page 2 6/9/83 CONSENT CALENDAR The following items were removed: (A) - Check Register No. 060983; (D) - Resolution relating to participation in service clubs & civic activities by city officers & supervisory employees; and (E) Budget Transfer for Street Sweeping. CC-83-135 Motion by Councilman Petta, Second by Mayor Grant, carried 4-0, to approve the following items on the Consent Calendar: RESOLUTION NO. 83-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING RESOLUTION NO. 78-18 AND AMENDING THE POSTING REQUIREMENT OF ORDINANCES, RESOLUTIONS, NOTICES, & PUBLIC DOCUMENTS REQUIRED BY LAW TO BE PUBLISHED OR POSTED. RESOLUTION NO. 83-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA SCINDING RESOLUTION NO. 80-46, AND AMENDING THE AUTHORIZING REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIF. STATE AGENCY FOR SURPLUS PROPERTY. APPROVAL OF CHECK REGISTER NO. 060983 CC-83-136 Motion by Councilman Rigley, Second by Councilman Petta, to approve Check Register No. 060983, carried 3-0, with Councilwoman Pfennighausen abstaining, since Vic Pfennighausen is listed on the Check Register as a recipient of funds. r-' RESOLUTION NO. 83-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, ELATING TO PARTICIPATION IN SERVICE CLUBS & CIVIC ACTIVITIES BY CITY OFFICERS & SUPERVISORY EMPLOYEES. Following clarification that this Resolution would be used for income tax purposes only, and that the affected individuals would not be CC-83-137 reimbursed by the City for the memberships, Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to adopt Resolution No. 83-26, carried 4-0. BUDGET TRANSFER - STREET SWEEPING Councilwoman Pfennighausen stated it seems reasonable that more funds are necessary, due to the purchase of signs; however, feels the street sweeping service is not improving. CC-83- 138 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to approve a budget transfer of $4,511 from Balance Forward to Line Item 18-4908-255 for Street Sweeping, Carried 4-0. Councilman Rigley commended the Sheriff's Officers for enforcing the "no parking" ordinance on street sweeping days, and requested they be reminded to continue. I Page 3 6/9/83 PLANNING COMMISSION - FUND REQUEST TO LANDSCAPE BARTON/PALM TRIANGLE Commissioner Bill DeBenedet stated the Planning Commission had unanimously approved requesting an allocation of $500 to re -plant the triangle with six windmill palm trees, to be planted in clusters of three, and with flowering annuals. Stated the cost for a 15-gallon palm tree is $28.00, and for a flat of flowering annuals is $9.00, for a total of $248. Stated the remainder of the funds would be used for replacement later of the annuals. Stated ivy should not be located in the planter, since it will crack the masonry and will attract rodents. Felt the triangle should be attractive, since it is located in the heart of the City. Felt the palm trees will not adversely affect the masonry, since they have small roots and trunks. In discussion, Council questioned if the Planning Commission had previously approved the landscaping, if the windmill palm is on the approved tree list, and who would be responsible for the maintenance. Mr. DeBenedet stated the Planning Commission discussed the landscaping and recommended palm trees, but did not approve the landscaping; stated ivy was never mentioned. Randy Anstine stated maintenance would be a problem, and would be costly, since the annuals would have to be replaced every three months, and the maintenance personnel are not experienced in this field; most cities contract with nurseries to provide annuals; the only palm tree on the approved list is the Guadalupe Palm, and requires less maintenance. CC-83-139 Motion by Councilman Petta, Second by Mayor Grant, to approve a $500 allocation to re -landscape the Barton/Palm Triangle with Windmill Palm Trees and flowering annuals. In further discussion, Council voiced concurrence with removing the ivy; voiced concern for the cost to maintain the annuals. Councilman Petta, Commissioner DeBenedet, and John Mathews indicated a willingness to assist with the maintenance of the annuals. Councilman Petta also indicated the service clubs might be willing to assist with the maintenance as a project; felt it is a small area to maintain, and should be colorful. Following discussion, Motion No. CC-83-139 carried, 4-0. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) Meeting was postponed to the third Monday, to allow the Committee to consider the recreational service proposals; (2) the tree has been planted at the Park in memory of Ray Robles, with ceremony planned in the near future. ENERGY COMMITTEE The Administrative Assistant advised that questionnaires were sent to Uthe three Committee Members relative to the continuance of the Page 4 6/9/83 Committee, with two members recommending the Committee be dissolved, and one member recommending continuing if the meetings are held on Fridays. CC-83-140 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to discontinue the Energy Committee at this time, to be reactivated if needed in the future, carried 4-0. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Ann Petta advised that the contest for selection of a City Motto has closed, with over 200 entries being received; the Committee has selected six entries to be presented to Council for consideration on June 23. CRIME PREVENTION COMMITTEE CC-83-141 Motion by Councilman Petta, Second by Councilman Rigley, to accept the resignation of Evelyn Strawn from the Crime Prevention Committee, with regret. Council discussed concern for the decrease in citizen participation in the committees; Mayor Grant indicated he will soon be sending a letter to the committees. Following discussion, Motion No. CC-83-141 carried, 4-0. CITY ENGINEER REPORT The City Engineer/Planning Director reported the following: (1) Planning Commission Study Sessions are scheduled for June 13 and 20 on the General Plan Update Project; (2) The Planning Commission reviewed the proposed Motocross Track to be located at the base of Blue Mountain, and indicated a desire to visit the Motocross Track located in Calimesa; questioned if the Council Members would also like to visit, and received a positive response; indication was given that the Parks & Recreation Committee should be included; arrangements will be made by Mr. Kicak. CITY ATTORNEY REPORT The City Attorney advised that a letter of protest to the PUC relative to its decision on the Complaint filed by the City had been prepared and submitted for execution by the Mayor. CITY MANAGER REPORT Samples of silver and bronze plaques with the City's Logo on walnut bases were displayed, for consideration of purchase at a cost of $122 each, to be displayed in prominent locations such as City Hall, the Fire Station and at the Board of Supervisors. Page 5 6/9/83 CC-83-142 Following discussion, Motion by Councilwoman Pfennighausen, Second by Mayor Grant, carried 4-0 to approve the purchase of 15 bronze plaques on a walnut base, from Matthews International Corporation, Sun City, to be stored carefully and to be placed in locations at the discretion of Council. 0 Samples of brass medallions were also displayed, for consideration of purchase, which could be distributed as momentoes of special occasions, such as the dedication ceremonies of the Fire Station and Civic Center. The cost for having the Fire Station inscribed would be $29.28, and the cost with the City's Logo inscribed would be $14.30. Action on this matter was deferred, pending receipt of additional information on the exact cost of the display box, and the possibility of receiving a better price break on the number purchased. The City Manager reported the following: (1) the collection fee for delinquent utility payments will be increased from $5.00 to $15.00 to cover administrative costs; (2) a draft copy of the law enforcement contract which is awaiting signature by the Sheriff's Department, has been provided to Council; other law enforcement proposals will be presented for consideration at a later date; (3) will meet with the Loma Linda City Manager next week relative to sharing a traffic unit; and (4) will be absent from the office 10 days, beginning June 20, for surgery. It was clarified that the traffic unit has not been discontinued, and is budgeted for FY 1983-84. COUNCIL REPORTS 0 Councilman Petta stated the Conflict of Interest issue has been an item o controversy for some time, with much publicity in the newspapers; feels this is a smoke screen which clouds the real issue - the future economic stability of our City. Stated the accusations by Councilwoman Pfennighausen have been merciless and damaging to his and City Manager Armstead's character, reputation and integrity. Stated the City Attorney was requested to investigate the matter, and reported that he and the City Manager were not involved in conflict of interest. Stated Councilwoman Pfennighausen subsequently requested the Grand Jury, the Department of Justice, and the FPPC to conduct an investigation; her letter contained some very serious accusations and conclusion of guilt, which was also released to the press. Councilman Petta stated he learned of the response from the judicial organizations through an article in the press, which quoted portions of a letter dated May 23 from the District Attorney to Councilwoman Pfennighausen, which gave him the impression that the two public officials were guilty as charged, but charges were not pressed due to a shortage of funds. Requested that the City Attorney summarize the sequence of events from the initial letter of accusation sent to the judicial organizations leading to the District Attorney's response. Page 6 6/9/83 The City Attorney stated it is his understanding that letters of inquiry were sent to the Attorney General, the FPPC, the Grand Jury and the District Attorney; understands the FPPC, the Attorney General and the Grand Jury referred the matter to the District Attorney; has a copy of the District Attorney's letter to Councilwoman Pfennighausen dated May 23; stated the newspaper also quoted from a letter dated April 11 from the District Attorney to Councilwoman Pfennighausen, but has been unable to obtain a copy of that letter; the District Attorney's Office has been unable to locate a copy of that letter. Stated it appears, from the District Attorney's May 23 response, that apparently there are budgetary constraints, that an investigation would be costly, and that if a potential conflict of interest was found to exist, the most he could do would be to tell the officials to disclose and abstain from participating in the decision -making. Felt it would be an improper use of his limited funds, since the matter is already being reviewed by all parties involved, including the media. Councilman Petta read the first three paragraphs of an article printed in the Colton Courier on June 2, with the headline "No Charges Filed Against Grand Terrace Officials." Stated the article quoted a portion of the April 11 letter from the District Attorney to Councilwoman Pfennighausen, indicating it would not be appropriate to take criminal action since the two officials had not realized any gain, and should the situation change in the future, the matter would be reviewed. Questioned why the two officials and the public were not informed that the accusations were groundless, based on the District Attorney's response; why the District Attorney's April 11 letter was not released to the press at the time it was received, rather than 6 weeks later; why the District Attorney wrote two letters; why the accused were not given copies of the letters; why the issue was tried in the newspapers prior to obtaining legal response; and why the persecution is continuing - referenced Councilwoman Pfennighausen's quote in the Colton Courier relative to her desire for them to resign. Stated he and the City Manager have been exonerated; questioned the future of the City if one individual is allowed to lambast people out of office. Councilman Petta stated he felt it a privilege to live in this Country, has lived in Grand Terrace 25 years, has invested in the community and has prospered; current desire and ambition is to motivate young people to excel, and needs a good reputation to do so. Councilwoman Pfennighausen stated she can supply the letters; when the original charges were yawn up and the support material completed, copies were given to Mr. Armstead, Councilman Petta, the City Attorney and the Council Members. The City Attorney was requested to investigate, and found no cause for the charges. Stated the City Attorney commented, when he reviewed her material, that she seemed to have a great deal more than was supplied to him by the City Manager. Stated the FPPC, the Attorney General and the Grand Jury indicated they were referring the matter to the District Attorney, since it was a local issue. Wrote a letter to the District Attorney inquiring if Page 7 6/9/83 he was investigating the matter. Has copies of all letters, and has never refused to give information to anyone who has requested it; Mr. Armstead and Councilman Petta have never requested the information; stated the newspapers contacted her, indicated that Mr. Armstead had requested copies of the letters, and questioned if they should furnish them; she stated she replied that, since the letters were written to her, she would furnish them to Mr. Armstead and Councilman Petta if they requested them. Stated she is sorry things were taken out of context, and is sorry this had to happen; stated she didn't buy the property and didn't involve herself in it. Stated in other areas, other than this, has commended both individuals on their service to the City. Stated she was asked again tonight if she still feels the two individuals should resign from their office and their position with the City; stated she still contends they should, as long as they maintain the property, and the potential exists to sell the property at an unreasonable profit. Stated that was her only charge from the beginning, which still stands. Stated she has concealed nothing. Mayor Grant stated he felt that all individuals directly involved in this matter should be given the opportunity to speak; questioned the City Attorney if it would be appropriate; the City Attorney indicated it would be Council's prerogative. City Manager Armstead stated he has never felt that he was guilty; purchased the property prior to Cityhood, and has never tried to sell it; stated his daughter lives on the property. Feels all charges have been on speculation. Feels that accusations made in open session, "Why don't you admit you are guilty?" made by one individual acting as judge and jury, is unfair, particularly in a Council/Staff relationship; would hate to see any of the rest of Staff accused that way. Mayor Grant advised he attended the Omnitrans, LAFC, and SANBAG eetings, with no items directly involving the City. Council indicated that no members would attend the Mayors/Councilmembers Executive Forum to be held in Monterey July 20-22. ORDINANCE NO. 72 - (Second Reading) - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND GULATING THE DISCHARGE OF WASTES INTO THE SEWERAGE SYSTEM OF THE CITY OF GRAND TERRACE. The City Attorney read the title of the Ordinance. The City Engineer advised the purpose of this ordinance is to provide regulations primarily for industrial and heavier commercial dischargers into the sanitary sewer system to comply with the requirements of the Environmental Protection Agency and state agencies. In reviewing the proposed incremental increases specifying minimal limitations, it appears that neither the City nor the affected Page 8 6/9/83 dischargers should experience major problems as a result of the ordinance. Recommended adoption. Mayor Grant opened Public Hearing on Ordinance No. 72, and closed Public Hearing, there being no testimony for or against the Ordinance. CC-83-143 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to adopt Ordinance No. 72 by title only, carried 4-0, with Councilman Nix being absent. NON -CONFORMING SIGNS The Administrative Assistant advised that the zoning ordinance has provisions for amortizing non-conforminq signs to allow the owners to receive some value from their signs prior to bringing them into conformance. Stated the City Attorney has recommended that the affected individuals be notified in advance that their signs are non -conforming, and advising them of the time period allowed to bring them into conformance. A list of the non -conforming signs has been provided to Council in the Staff Report dated June 6, 1983, Subject: Non -Conforming Signs. Requested direction regarding enforcement of the sign code. Councilman Petta declared a possible conflict of interest, and removed himself from discussion and action on this matter. In discussion, Council indicated that it appeared that nearly every business sign in the City is non -conforming, and voiced concern for the effect on the business community. CC-83-144 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, to request the Planning Commission to review the sign ordinance relative to its impact on the business community; to submit the results of the review to Council within 60 days; and to take no action against the non -conforming signs during that time period, carried 3-1, with Councilman Petta abstaining, and Councilman Nix being absent. COLTON JOINT UNIFIED SCHOOL DISTRICT REQUEST TO IMPLEMENT ORDINANCE NO. 54 The City Manager stated he had discussed this matter with Mr. Dick Jacobsen and Mr. Bob Rich. Stated they were unable to attend this meeting, and assumed Council would request further staffing on this matter prior to consideration of any action to be taken. Recommended further consideration of this matter. In discussion Council indicated there are many questions to be answered by the Colton Joint Unified School District relative to those school facilities which have been closed, the number of students being bussed into Grand Terrace, and the number of students in relation to the schools' capacities. Action was deferred on this matter. Page 9 6/9/83 ADJOURN The regular council meeting adjourned at 8:45 p.m. The next regular meeting will be held on June 23, 1983 at 5:30 p.m. 0 Respectfully submitted, APPROVED: Page 10 6/9/83 [I]