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06/23/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - JUNE 23, 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 23, 1983, at 5:40 p.m. PRESENT: Hugh J. Grant, Mayor Jim Rigley, Mayor Pro Tempore Tony Petta, Councilman Roy W. Nix, Councilman Barbara Pfennighausen, Councilwoman Edward R. Clark, Acting City Manager Ivan Hopkins, City Attorney Joe Kicak, City Engineer Myrna Erway, City Clerk ABSENT: Seth Armstead, City Manager The meeting was opened with invocation by Reverend Craig Miller, Highgrove United Methodist Church, followed by the Pledge of Allegiance, led by Councilman Rigley. SPECIAL PRESENTATION Mrs. Diedre' Lingenfelter, City Clerk, City of Corona, and President of the Southern California City Clerks' Association, advised Council that City Clerk Myrna Erway had achieved the status of "Certified Municipal Clerk," and presented the CMC Pin to her. Mayor Grant read a letter dated June 6, 1983 from Lyall A. Schwarzkopf, President, International Institute of Municipal Clerks, indicating that Myrna Erway was awarded the designation of Certified Municipal Clerk. Recess was called at 5:42 p.m., and reconvened at 6:05 p.m., with all members present. APPROVAL OF MINUTES (June 9, 1983) CC-83-145 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, to approve the Minutes of June 9, 1983 as presented, carried 4-0, with Councilman Nix abstaining. PUBLIC PARTICIPATION State Financing for Schools: Dawn Molumphy, President, Association of ToTfo—n-Taucators, the bargaining agent for the certificated employees of Colton Joint Unified School District, distributed information to Page 1 6/g3/83 Council and requested support of SB 813, which would increase taxes by approximately $29.00 per person, to support State financing for the schools. Requested Council consider signing and mailing individual postcards addressed to the Governor. Council will take action on this matter individually. Temporary Occupancy Permit Request: Frederick Mason, an attorney representing the Berrimar Corporation, requested issuance of a temporary occupancy permit to locate a cabinet shop in the Park Center complex at 12210 Michigan. CC-83-146 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to place this matter on the July 11 Planning Commission Agenda for consideration and to provide input for Council consideration on the July 14 City Council Agenda. Council indicated the Staff Report should include the rationale for the prohibition of cabinet shops under the present zoning ordinance, the pros and cons of approving the request, the specific action required if the matter were to be approved, and the consequences of approving the request. Street Sweeping/Parking Violations Mike Murphy, Kentfield Street, stated he received a parking ticket; felt it was unfair, since his street was not swept. David Fenncolker, 22551 Cardinal, stated his son, a part-time resident, received a parking ticket, and has no place to park but on the street; requested abolishment of the ordinance. R.A. Barnett, 22208 Carhart, read a letter relative to receiving two citations for parking in front of his residence; stated he does not have sufficient space in driveway to park all vehicles; arrives home from work during the night; inconvenient to move vehicle. Requested action be taken to revoke the two parking tickets and that he be exempted from further street sweeping services; stated he will take care of his own property. Councilman Rigley, with Mayor Grant and Councilman Nix concurring, indicated that the ordinance specifies that parking is prohibited during certain hours on street -sweeping days; stated the ordinance was adopted, since the streets cannot be properly cleaned if vehicles are on the streets. Stated that incidences of streets not being swept should be reported to the City, but does not preclude the fact that cars parked on the streets during street -sweeping hours are in violation; felt the ordinance should be enforced while in existence. Councilman Petta stated he did not feel those residents whose streets were not swept should be penalized, since they did not receive the service; felt the citizens should be encouraged to maintain their property. Page 2 6/3/83 Councilwoman Pfennighausen stated an individual on Mavis Street received a citation, and the street sweeper has never been on that street; feels if the sweeper does not go down a street, individuals should never be cited, regardless of the ordinance. Motion by Councilman Petta, Second by Councilwoman Pfennighausen, to void the citations of those individuals whose streets were not swept on the date they were cited. Councilman Rigley stated he felt if the subject parking citations are waived, many more similar requests will be received. Felt if the City is going to have an ordinance, it should be enforced; stated if this Motion carries, will immediately make a motion to cancel the street sweeping contract and to rescind the ordinance. Stated the only way to get the cars off the streets was to place signs and to enforce the ordinance requiring removal; feels even though the street sweeping equipment broke down, the cars still should not have been parked on the streets. Councilman Petta stated the ordinance states the streets will be swept, and the cars are to be removed to enable the streets to be swept; does not feel the City can enforce the ordinance if the streets are not swept. Councilwoman Pfennighausen stated she was not aware whether the citizens have ever been asked whether or not they want the street sweeping service; has repeatedly spoken against the service, and will support a motion, if made, to cancel the service and rescind the ordinance; feels tax dollars are being used for the service, and should be cancelled if the citizens don't want it. Councilman Nix stated he is not convinced the street sweeping service is bad and that the citizens do not want it; is satisfied with the service in his area; feels the ordinance should be enforced as long as it is in existence. The Motion failed to carry, with AYE votes by Councilman Petta and Councilwoman Pfennighausen, and NOE votes by Mayor Grant, Councilman Rigley and Councilman Nix. Council requested Staff to monitor the Street Sweeping service to ensure that proper services are being received. In discussion relative to determining whether or not the citizens wish to have the street sweeping service, Councilman Nix, with Councilman Rigley concurring, recommended that each Councilmember conduct a survey prior to consideration of further action on this matter. Recess was called at 7:17 p.m. and reconvened at 7:30 p.m., with all members present. Page 3 6/23/83 ORAL REPORTS PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) At the Special Committee Meeting held June 20, the Committee voted unanimously to accept and recommend approval of the proposal submitted by People Helper's Inc. for contracting City recreational services; (2) The Committee voted to hold one meeting monthly during the summer months; (3) Considered possibility of combining the Crime Prevention Committee with the Parks & Recreation Committee - determined the Crime Prevention Committee should remain as a separate committee. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Chairperson Barbara Mathews reported the following: (1) Next meeting will be held July 11, since July 4 is a holiday; (2) Six mottoes were submitted to Council for consideration of selection of a City Motto - Committee recommended "Jewel of Blue Mountain." CC-83-147 City Motto - Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to adopt as the City Motto, "Blue Mountain City," with the second place winner being "Jewel of Blue Mountain," and the remaining four mottoes in the order as presented by the Committee. Chairperson Barbara Mathews announced that the first place motto was submitted by John McGannon, from Terrace Hills Jr. High School, and the second place motto was submitted by Beth Rollins. CRIME PREVENTION COMMITTEE Secretary Jim Hodder reported the following: (1) Attended Parks & Recreation Committee Special Meeting relative to discussion and determination that Crime Prevention Committee should continue as a separate committee; expressed appreciation for assistance given; (2) Next committee meeting will be held July 11. CC-83-148 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to appoint Gary Carnes, Joe Ramos, and Edward Kelly to the Crime Prevention Committee, for terms to expire June 30, 1986, with Mr. Carnes filling the unexpired term of Ed O'Neal, and Mr. Kelly filling the unexpired term of Judy Rinderhagen. POLICE CHIEF REPORT - Lt. Ryan advised the law enforcement contract is being reviewed and should be completed the middle of next week. CRA/CITY CAPITAL IMPROVEMENT PROJECTS - FY 1983-84 Finance/Administrative Services Officer Ed Clark advised that the City and Community Redevelopment Agency have four budgets: (1) City Operational Budget - $2,240,000; (2) City Capital Improvement Projects - $857,350; (3) CRA Operational Budget - $433,250 General Operational Page 4 6/23/83 Expense, and $42,777 for Low Income Housing; and (4) CRA Capital Improvement Projects - $1,025,348. { The projected revenues for the CRA are $1,703,887, and the projected expenditures are $1,501,375. The projected revenues for the City are $2,669,678, and the projected expenditures are $2,240,161. Recommended appropriating an additional $1,500 in the CRA Operational Budget for auditing services. CC-83-149 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4200, General Operational Expenses, in the FY 1983-84 CRA Budget, as adjusted, to reflect Item 100, City Services, as $167,358; Item 250, Professional Services, as $22,000; and a total for Department 4200 of $429,383. CC-83-150 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to approve and adopt the following seven projects on the combined City/CRA Capital Improvement Program, in the following priority: (1) Storm Drains - Pico/from Freeway to Michigan, Michigan to Oriole, and laterals in Michigan/Mt. Vernon (CRA); (2) Complete automatic sprinkler system/school (CRA); (3) Barton/Mt. Vernon Beautification (CRA); (4) Steps & planting between Terrace Hills Jr. High School & Terrace Hills Community Park (CRA); (5) Install stamp-crete around restroom at Terrace Hills Community Park (CRA); (6) Resurface westerly portion of DeBerry St. between Mt. Vernon & Michigan (Street Fund); and (7) Construct turnabout & parking lot at Grand Terrace Elementary School, to include lighting. In discussing the remaining projects on the City/CRA Capital Improvement Program, clarification was given that the remaining projects, numbers 8 through 23, have been prioritized in the event there are additional funds, and may not necessarily be completed in the priority listed. CC-83-151 Motion by Councilman Rigley, Second by Mayor Grant, to approve expenditures of $50,000 for a mini -park at Mt. Vernon & Grand Terrace Road to beautify the entrance to the City, Item No. 8, and $34,000 for alley reconstruction west of Mt. Vernon, Item No. 12, on the Capital Improvement Budget. Further discussion was held on the prioritizing of the projects, and that expenditure approval of Item Nos. 8 and 12 would not necessarily change the order of the priorities. Councilman Nix stated that the action being taken at this time is approving the budget, with approval for expenditures still being required in all cases. Mayor Grant stated that starting with Item No. 8, the future priorities will be made at the time the expenditures are approved. Following discussion, Motion No. CC-83-151 carried, ALL AYES. Page 5 6/23/83 FY 1983-84 CDGB PROGRAM The City Engineer stated Council previously authorized Staff to prepare grant applications for three projects for the FY 1983-84 CDBG funding, which included the rehabilitation of Mrs. Broussard's barn located at 22394 Van Buren, to be used as a care center for children and the elderly. Stated Mrs. Broussard has submitted a tentative program and has requested a waiver of certain fees; recommended considering this project for the FY 84-85 funding, since there are many items remaining which must be addressed. Mrs. Broussard stated she has gotten estimates to remodel the barn and to install a frame and walls; received an estimate of $12,077 to install a new foundation, and $2,350 for a roof; plumbing and electricity are needed; has contacted two architects; understood this was the only action she could take prior to funding allocation. Stated she would like to proceed with the project, which is badly needed; the Office on Aging has offered to brief Council, and has advised funding will be available in August to assist with staffing and utility costs for the project; Requested Council consideration to waive fees of $385 for a site review and $121 for an environmental assessment. Stated funds were designated for the Community Center sometime ago, but has seen no activity; feels programs should be established for the elderly. Council concurred with inviting a representative from the Office on Aging to a council meeting to provide information on establishing programs for the elderly; expressed concern for the potential cost of rehabilitating the barn. Councilman Nix stated he felt a more active program for the senior citizens should be established, both at the Community Center, and in a CC-83-152 project as outlined by Mrs. Broussard. Motion by Councilman Nix, Second by Mayor Grant, to approve the waiver of the architectural fee of $385.00 and the environmental assessment fee of $121.00, in order to move the project forward. The Finance/Administrative Services Officer questioned the amount of engineering fees which have been expended on this project; voiced concern that the rehabilitation costs could exceed the cost of a new building; recommended Council consider the potential cost. Council voiced support of the project as outlined consisting of a day care center for the elderly and children; discussed alternatives of such a program being located at the Community Center or constructing a new building; questioned the advisability of waiving the fees prior to further consideration of the alternatives. Councilman Nix stated the purpose of the Motion was to acquire additional data, and a position that a private citizen should not be required to pay fees for establishing a program for the City; stated he would withdraw the Motion. Mayor Grant did not concur with the withdrawal of the Motion. Page 6 6/23/83 Motion No. CC-83-152 carried 4-1, with Councilman Rigley voting NOE. CONTRACT AWARD - RECREATIONAL SERVICES The Community Services Director advised that Staff was authorized to circulate RFP's for contracting recreational services; two proposals were received, from People Helper's Inc. and Leisure Pro Inc. The Parks & Recreation Committee has reviewed the two proposals and recommends contracting with People Helper's Inc. Stated the recreational programs should begin June 27; since the Parks & Recreation Committee has requested the opportunity of reviewing the contract prior to Council approval, recommended initiating the same program and hiring the same personnel previously hired for the summer recreational programs until the contract is executed; at that time the affected personnel would be absorbed into the Contractor's program. Mr. William Aulenbach, President, and Mr. Richard Pepin, Vice President, People Helper's Inc., advised Council that the intent was to begin the program on June 27; felt the program could start without a signed contract. The City Attorney advised the City could proceed with an oral agreement under the terms of the proposal until the contract is executed; felt the contract could be ready for Council approval at the meeting of July 14. The representatives from People Helper's Inc. indicated they planned to hire the individuals who previously worked on the recreational program for the City. Council referenced a Memorandum dated June 16, 1983 from Ed Clark to Seth Armstead, Subject: Summer Recreation Personnel; noted that none of the prospective employees are residents of the City; questioned how the matter would be handled in the event the City disagreed with the firm's employee selection; it was clarified that a clause is included in the proposal allowing Council to request the dismissal of employees. CC-83-153 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, to award a contract for recreational services to People Helper's Inc. in the amount of $16,356; to approve increasing the proposed FY 1983-84 Community Services Line Item, Professional & Special Services, on Page 19 by $16,356; and to direct the preparation of an agreement with People Helper's Inc., to be reviewed by the Parks & Recreation Committee prior to submission to Council for approval. Following clarification that the recreational services program will proceed immediately on a verbal agreement until finalization of the contract, Motion No. CC-83-153 carried, ALL AYES. FY 1983-84 CITY OPERATIONAL BUDGET CC-83-154 Department 4110 - Motion by Councilman Rigley, Second by Councilman NIX, ALL AYLS, to approve Department 4110, for a total of $13,685. Page 7 6/23/83 CC-83-155 Department 4120 - Motion by Councilwoman Pfennighausen, Second by ounce man ig ey, ALL AYES, to approve Department 4120, for a total of $132,333. 1) CC-83-156 Department 4125 - Motion by Councilwoman Pfennighausen, Second by Counc man Rig ey, ALL AYES, to approve Department 4125, for a total of $81,851. CC-83-157 Department 4140 - Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to approve Department 4140, for a total of $126,159. CC-83-158 Department 4160 - Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, to approve Department 4160 for a total of $25,000. CC-83-159 Department 4170 - Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Department 4170 for a total of $22,750. CC-83-160 Department 4180 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4180 for a total of $52,544. CC-83-161 Department 4190 - Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Department 4190 for a total of $62,815. CC-83-162 Department 4200 - Motion by Councilman Rigley, Second by Councilman Petta, AE—L-AnT, to approve Department 4200 for a total of $400,000. CC-83-163 Department 4330 - Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve Department 4330 for a total of + $33,000. a CC-83-164 Department 4370 - Mayor Grant indicated satisfaction with contracting or p anning services at this time; however, voiced concern for contracting too many services; recommended considering re-establishment of a Planning Department at some future date. Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to approve Department 4370 for a total of $30,000. CC-83-165 Department 4390 - Motion by Councilwoman Pfennighausen, Second by ounce man ig ey, ALL AYES, to approve Department 4390 for a total of $15,000. CC-83-166 Department 4410 - Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to approve Department 4410 for a total of $350,000. CC-83-167 Department 4411 - Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve Department 4411 for a total of $400. CC-83-168 Department 4412 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4412 for a total of $600. CC-83-169 Department 4420 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4420 for a total of $15,680. Page 8 6/23/83 CC-83-170 Department 4421 - Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Department 4421 for a total of $2,650. CC-83-171 Department 4590 - Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to approve Department 4590 for a total of $4,000. CC-83-172 Department 4610 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4610 for a total of $20,000. CC-83-173 Department 4801 - Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to approve Department 4801 for a total of $700. CC-83-174 Department 4802 - Motion by Councilman Rigley, Second by Councilwoman P ennig ausen, ALL AYES, to approve Department 4802 for a total of $2,100. CC-83-175 Department 4803, Energy Committee, will be deleted from the Budget. CC-83-176 Department 4804 - Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to approve Line Item 210 for $235, Line Item 220 for $1,000, for a total of $1,235 for Department 4804. CC-83-177 Theater Group - Motion by Councilman Nix, Second by Mayor Grant, to esta is a new department expenditure for theater advancement in the amount of $2,000. Following clarification that the Finance Department will establish the department number and that quarterly reports will be required, Motion No. CC-83-177 carried, ALL AYES. CC-83-178 Department 4808 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4808 for a total of $900. CC-83-179 Department 4810 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4810 for a total of $1,050. CCS is to submit a bi-monthly report. CC-83-180 Department 4510 - Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve Department 4510 for a total of $32,700. CC-83-181 Department 4900 - Mayor Grant stated he will vote NOE on this item, since he feels $20,000 is more appropriate. Motion by Councilman Nix, Second by Councilman Rigley, to approve Department 4900 for a total of $26,300, carried 4-1, with Mayor Grant voting NOE. CC-83-182 Department 4901 - Motion by Councilwoman Pfennighausen, Second by Councilman ig ey, ALL AYES, to approve Department 4901 for a total of $16,500. CC-83-183 Department 4631 - Pfennighausen, ALL $7,500. Page 9 6/23/83 Motion by Councilman Rigley, Second by Councilwoman AYES, to approve Department 4631 for a total of CC-83-184 Department 4430 - Line Item No. 250 was amended to reflect a total of $31,856 o-r flee Recreation Services Contract. Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Department 4430, as amended, for a total of $106,134. CC-83-185 Department 4444 - Motion by Councilwoman Pfennighausen, Second by Councilman ig ey, ALL AYES, to approve Department 4444 for a total of $8,250. CC-83-186 Department 4807 - Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to approve Department 4807 for a total of $1,400. CC-83-187 Department 4909 - Motion by Councilwoman Pfennighausen, Second by mayor Grant, ALL AYES, to approve Department 4909 for a total of $5,424. CC-83-188 Department 4910 - Motion by Councilman Nix, Second by Councilman Rigley, to approve Department 4910 for a total of $2,270, carried 3-2, with AYES by Councilman Rigley, Councilman Petta, and Councilman Nix, and NOES by Mayor Grant and Councilwoman Pfennighausen. Mayor Grant stated he feels two crossing guards are necessary. CC-83-189 Department 4908 - Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve Department 4908 for a total of $18,400. CC-83-190 Department 4570 - Motion by Councilwoman Pfennighausen, Second by ounce man Rig ey, ALL AYES, to approve Department 4570 for a total of $535,400. CC-83-191 Department 4572 - Motion by Councilwoman Pfennighausen, Second by Councilman Rig ey, ALL AYES, to approve Department 4572 for a total of $52,003. RESOLUTION NO. 83-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRACE,GRAND , ADOPTING A BUDGET OF ESTIMATED REVENUES AND EXPENDITURES FOR THE FISCAL YEAR 1983-84. Mayor Grant opened Public Hearing. Dick Rollins, 22700 DeBerry, commended Council, the Finance Department, and the City Manager for maintaining the City on a business basis and for being financially stable; stated this is the only city he is aware of that tries to operate on a profit -loss basis. Mayor Grant closed Public Hearing. CC-83-192 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to adopt Resolution No. 83-30. RESOLUTION NO. 83-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, STABLISHING THE FISCAL YEAR 1983-84 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE STATE CONSTITUTION AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 7910. Page 10 6/23/83 Mayor Grant opened Public Hearing and closed Public Hearing, there being no testimony for or against the matter. CC-83-193 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 83-31. Recess was called at 11:34 p.m. and reconvened at 11:45 p.m., with all me— m6ers present. CONSENT CALENDAR CC-83-194 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, to approve the following Consent Calendar items: A. Approval of Check Register No. 062383; B. Authorize Mayor to execute & City Clerk to record Notice of Completion - Barton Rd. Sidewalk/Beautification & Drainage Structure Improvements at Pico/Darwin Project - Steve Pandza Constructors (GTC-83-12CRA); C. Approve letter to legislators supporting SB 394 (Boatwright) regarding limiting trial expenses for capital cases; D. Approve the following budget transfers for computer service: $826 from 10-4420-246 to 10-4420-255; $100 from 10-4420-219 to 10-4420-255; and $564 from FY 82-83 Balance Forward to 10-4420-255; E. Approve budget transfer of $1,818 from FY 82-83 Balance Forward to 10-4590-255 for Weed Abatement; F. Approve budget transfer of $34,875 from FY 82-83 Balance Forward to 10-4410-255 for FY 82-83 law enforcement contract; G. Reject Liability Claim No. 83-02; and H. Establish a General Plan Amendment Calendar designating the first Planning Commission Meetings of February, June & October of any year as the specified public hearing dates at which General Plan amendments will be considered. CITY ENGINEER REPORT The City Engineer stated concerns were expressed relative to the trees in front of Greg's Market being too big and lopsided; has been advised by the contractor, who has maintenance responsibility for a month, that the trees will straighten up and the red flag on the first tree will be removed. A memorandum has been distributed to Council to designate the most convenient time to visit the Calimesa Motocross Track, which are to be Page 11 6/23/83 CC-83-195 Page 12 6/23/83 returned to the City Engineer by June 30; appropriate transportation will then be arranged. CITY MANAGER REPORT Acting City Manager Ed Clark reported the following: (1) The City Manager is recuperating nicely from surgery; (2) Received a county tax increment of $271,200. RESOLUTION NO. 83-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, A, RGING THE CALIFORNIA CONGRESSIONAL DELEGATION TO CONSIDER IMPLEMENTING MASS TRANSIT THROUGH THE METRORAIL PROJECT AND OBTAIN MATCHING FEDERAL FUNDS. Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to adopt Resolution No. 83-32. COUNCIL REPORTS Citrus Belt Meeting - Mayor Grant will advise the City Clerk if he can attend the meeting to be held June 29. Reservations are to be made for Councilman Nix to attend the League of California Cities Annual Conference to be held in San Francisco October 2-5. Councilwoman Pfennighausen requested the street name sign at the intersection of DeFe-rryand Pascal be replaced to reflect the correct numbers. 'D Mayor Grant reported the following: (1) Requested signs designating the City oT Grand Terrace be placed in the La Loma Hills area; (2) Requested that all City signs reflect the correct population of the City; (3) A sign on Eton Drive has been vandalized; (4) Will be attending a retirement dinner for Andree Disharoon, the Clerk of the Board; requested, with Council concurring, preparation of a Certificate of Commendation for presentation at the dinner; and (5) Requested preparation of a letter of support relative to protecting local franchises from unwarranted federal cable telecommunications legislation. Councilman Petta stated that the Mayor directed the City Attorney to investigate a possible conflict of interest, on the recommendation of Mr. Glasser and Mr. Evans; he had stated, at the previous Council meeting, that Councilwoman Pfennighausen had requested the investigation, and stated he wished to make that correction. Stated he had presented certain concerns at the previous council meeting; stated one of his main concerns was the letter of April it from the District Attorney's Office indicating that it would not be appropriate to take criminal action at this time. Other questions were asked as follows: (1) Why was this letter followed by a second letter on May 23, almost six weeks later? (2) Why was the tone of the second letter different than the April 11 letter? (3) How did Mrs. Pfennighausen know that a second letter would be forthcoming? (4) Did she release the second letter because it was more to her liking? (5) Why was the issue tried in the newspapers prior to obtaining legal response? Feels this issue has torn the City apart; had the real intent of the investigation been to resolve the matter, believes the letter of April 11, which clearly exonerates the two City officials, would have been released at the time it was received, rather than waiting for the second response almost six weeks later. Stated there are other serious questions that pertain to this matter which will have to wait for another time and place. Councilwoman Pfennighausen stated the reason no action was taken at the time the letter of April 11 was received was because she also had a letter from the FPPC dated May 4 coming just ahead of that which had made points which needed clarification. Stated she advised at the previous council meeting that copies of the letter were available, but has heard nothing. Stated the letter dated May 4 from the FPPC indicated that due to limited resources, had to be selective in determining which cases can be prosecuted and advised that the Political Reform Act provides that any resident of jurisdiction may initiate civil enforcement action and is entitled to retain 50% of any civil penalties assessed; stated she requested more information and clarification on this matter. Stated she wrote a letter to Dennis Kottmeier citing three cases and asked for direction as to how these cases affected this. Also wrote a letter on April 28 to the FPPC in response to their correspondence. Stated the reason she did not publish the letter was because she was not satisfied, feeling they did not address the issue she had presented them. Stated that initially she wasn't asking whether or not Councilman Petta and Mr. Armstead were guilty, because in the beginning she thought they were, and still does. Read the April 11 letter from the District Attorney. Councilwoman Pfennighausen stated she had not requested criminal action or any specific action. Stated the three cases she cited that were researched cited that no financial gain had to be forthcoming in order for conflict of interest to exist; therefore, she wrote to the District Attorney asking for clarification, thus resulting in the letter of May 23. Stated if Councilman Petta wanted to go down the list of questions she would respond. Councilman Petta stated the problem is that Mrs. Pfennighausen has taken the position of being judge, jury and accuser; she said "I thought you were guilty and still do," regardless of what the legal judicial organizations said. Mrs. Pfennighausen of trying this through the press prior has taken the liberty to the time of gaining a Page 13 6/23/83 verdict from the judicial organizations. Stated Mrs. Pfennighausen has been spreading mud through the press to the people, and feels if mud is repeated long enough and often enough, the people will believe it; feels she has been using these tactics, but now she does have an answer which says there is no basis for an investigation. Stated she was not human enough to come out and say to the people "This is the Answer." Stated she was merciless, and after the answers came, she continued the attacks through the press, and feels this is as inhuman an act that anyone can perform on another human being. Councilwoman Pfennighausen stated that Mr. Petta continues to say he and Mr. Armstead have been exonerated by the letters; challenged Mr. Petta to show her in the letters where they say that. Stated the City Attorney reviewed the material and Mr. Petta had a copy of the material, but did or said nothing until the two letters came back. Stated that neither of those letters say they are not guilty; that is the reason she did not state that. Councilman Petta stated the letters do not say he is guilty. Stated that anyone who understands investments should know that you don't need a shopping center to make a lot of money in real estate. Stated he would guess that Mrs. Pfennighausen paid less than $20,000 for her house, and if she were to sell it today, would probably sell it for approximately $100,000. Stated there is a significant spread in the acquisition cost and the selling price, without the benefit of a shopping center. Stated he has sold property to people who have resold the property in six months and doubled their money without the benefit of a shopping center. Voiced opposition to the statements made to the press regarding the profit that would be made on the property. Stated he invested in property in the City before it became a city and before he became a councilman. Stated he has promised himself he would not become involved in property as long as he is a councilman; since he has become a councilman, he has neither bought nor sold property; has had many opportunities to make many thousands of dollars, but has refused, and has not become involved. Stated when the time comes to sell the property, he will make plenty of money, without a shopping center - that is not needed to make a profit on his investment. Councilman Nix questioned whether it is appropriate to continue discussion of this matter during the council meeting; feels both individuals have had adequate opportunity to discuss the matter. Mayor Grant stated he felt Council had the responsibility to listen to both sides; feels both individuals have now had equal opportunity. BID AWARD - DEMOLITION OF STRUCTURE AT 12610 MICHIGAN The City Engineer advised a bid was received for the demolition of the structure. Considerable correspondence has been conducted with Miss Hill; it appears she will either sell the property or bring it up to minimum standards; therefore, recommends the bid be held for a period Page 14 6/23/83 of 60 days, to allow Miss Hill, during that period of time, to bring the structure up to code as much as possible. Councilman Nix concurred with Staff's recommendation, feeling all consideration possible should be given to the property owner to take care of the matter. Council concurred with Staff's recommendation. SB 821 FUNDING The City Engineer stated $228,000 has been allocated within SANBAG this year; feels the City may be able to obtain a $35,000 grant; felt the most successful project would be constructing a sidewalk between Arliss and Preston, with some of the sidewalk being meandering; estimated a cost of $24,000 to complete the project, which will require some trimming and maintenance of shrubbery. CC-83-196 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to authorize Staff to file an application for SB 821 funding in the amount of $35,000; and to authorize Staff to utilize $7,000 of the appropriations proposed for Barton Road improvements as a local match towards that project. LANDSCAPING AND LIGHTING DISTRICT NO. 83-1 The City Engineer advised that the Engineer's Report has been prepared and distributed, for the purpose of establishing a street lighting and landscaping district, pursuant to the Landscaping and Street Lighting Act of 1972. Described the boundaries of the project, indicating that since all of the parcels within the City are proposed to be within the District, the boundaries of the assessment district will be the same as the boundaries of the City. The purpose of the District is to pay the energy cost for street lighting. RESOLUTION NO. 83-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATES, DIAGRAM, ASSESSMENT, AND "REPORT" FOR FORMATION OF THE CITY OF GRAND TERRACE LANDSCAPING AND LIGHTING DISTRICT WITHIN SAID CITY, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA. The City Attorney read the title of the Resolution. The City Engineer stated the Landscaping and Lighting District would include the entire City; the cost for the existing lights would be distributed throughout the District. The estimated costs to be included in the benefit assessments for FY 83-84 are: operation & maintenance of 211 lights - $24,698; engineering, legal, administration, and mailing expenses - $9,800; County tax collector fee - $3,083, for a total cost of $37,581; the City's contribution is to be $13,500, for a net total assessment cost of $24,081. There are 3,083 parcels within the District; 1,209 of those parcels are felt to receive full benefit from lighting; 1,831 parcels are being assessed Page 15 6/23/83 for one -tenth of the total benefit, primarily for intersection lighting; 43 parcels are either land -locked or are owned by governmental agencies, so are not assessed. Those parcels receiving full benefit will have an annual assessment of $17.25; the other parcels will have an annual assessment of $1.73 per year, per parcel. This assessment distribution which would be placed on the tax roll will generate approximately $24,000. Council questioned whether those areas presently without lights would be able to become lighted. The City Engineer stated the scope at this time is the existing lighting; if Council proceeds with this District, the mailing will include a petition to those property owners who expressed a desire to have street lights; based on the petitions received, districts can be formed; Council previously indicated the City would pay 50% of the improvements. The City Attorney stated an annual evaluation would be conducted to determine the level of street lighting desired, which would determine the assessment against the properties; the engineering and legal fees for the formation of the District would not be an annual cost. Councilman Rigley stated he supports additional street lighting in the City, and would like more in his neighborhood; supports formation of the District. Questioned the cost of installation of additional lighting. The City Engineer stated the price previously quoted by So. California Edison was between $100-$150 per lot, based on Edison installing and owning the lights; with the City paying half the installation cost, the cost to the property owners would be between $50-$75; however, costs may have increased. Councilman Nix stated the City has been paying the energy costs for the existing lights, due to many inequities; feels this District would be equitable, and the current financial situation dictates the need to form such a District. CC-83-197 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to adopt Resolution No. 83-27. RESOLUTION NO. 83-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDPROVING THE ENGINEER'S REPORT FOR CERTAIN LANDSCAPING AND LIGHTING IMPROVEMENTS IN A PROPOSED LANDSCAPING AND LIGHTING DISTRICT. CC-83-198 Following reading of the title by the City Attorney, Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to adopt Resolution No. 83-28. RESOLUTION NO. 83-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAN TERRACE, CA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF A LANDSCAPING AND LIGHTING DISTRICT TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA; AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 0 Page 16 6/23/83 CC-83-199 Following reading of the Councilman Nix, Second by Resolution No. 83-29. TRACTS 9772 AND 9772-2 Y Page 17 6/23/83 title by the City Attorney, Motion by Councilman Rigley, ALL AYES, to adopt The City Engineer stated the final tract maps have been reviewed, and feels all requirements have been completed, or have been properly bonded. Recommended accepting the bonds and authorizing the Mayor to execute the agreements as listed in the Staff Report dated June 16, 1983, Subject: Approval of Final Tract Maps 9772 and 9772-2. The City Engineer further advised that the major delay on this development has been the water system for the upper lots of both subdivisions. The size of the Honey Hills reservoir must be increased. Information on this matter will be presented to the Planning Commission and Council relative to the manner in which service will be provided while the smaller reservoir is out of service. This matter has been negotiated between the developer and Riverside Highland Water Company. Unless that reservoir is built, quite a few of the lots cannot be developed, due to insufficient fire protection and pressure. The water company and the developer have agreed to enlarge the reservoir at its present site to approximately 250,000 gallons, with screening to be provided by additional trees. The developer is being bonded for the water system, and must pay for the additional water reservoir; some reservoir fees will be credited against the cost of the reservoir. Council questioned if this will increase the residents' water bills. The City Engineer stated this project should not affect the water bills; stated those residents receiving service from the Honey Hills reservoir and the developer will benefit from this project. Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve final Tract Maps 9772 and 9772-2; and to authorize the Mayor to execute the Agreements, and to accept the Bonds as follows: TRACT 9772 PERFORMANCE LABOR & MATERIAL Streets/Storm Drain $300,000 $150,000 Sewer 60,000 30,000 Water 225,000 112,500 Landscaping 140,974 70,487 TRACT 9772-2 Streets/Storm Drain $150,000 $75,000 Sewer 30,000 15,000 Landscaping 86,705 43,353 ADJOURN The regular meeting adjourned at 12:58 a.m. The next regular meeting will be held on July 14, 1983 at 5:30 p.m. Respectfully submitted, APPROVED: Page 18 6/23/83 F1,