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08/11/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - AUGUST 11, 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 August 11, 1983, at 5:38 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 John DuNesme, Azure Hills Seventh Day Adventist Church, followed by the Pledge of Allegiance, led by Councilman Rigley. APPROVAL OF MINUTES - JULY 28, 1983 CC-83-225 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to approve the Minutes of July 28, 1983 as presented. PUBLIC PARTICIPATION Mr. Richard French, 12566 Warbler, stated there have been problems with teenagers from a halfway house in Highgrove coming into the City. Cited a drunkeness incident at the park, possession of a switchblade knife, walking streets at 2:00 a.m., and going over resident's fences. Requested the matter be investigated. CONSENT CALENDAR Items A, B, C, D and H were removed for discussion. CC-83-226 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the following Consent Calendar Items: E. Accept a one-year Road Maintenance Bond for $3,200 and release the following bonds for Tract 9741, Pacesetter Homes: Road Improvement (OC-300220) $32,000 Road Labor/Materials (OC-300220) 16,000 Sewer/Water Maintenance (OC-300221) 6,300 Page 1 - 8/11/83 F. Release Maintenance Bond for $8,600 for Tract 11240. G. Authorize Mayor to execute and City Clerk to record Notice of Completion - Architectural Barrier Removal (GTC#83-15); Authorize release of final payment in amount of 10% of the total contract, subject to receipt of a one-year bond guaranteeing the work. I. Approve $35.00 donation to the Grand Terrace Woman's Club Birthday Yearbook from Line Item 10-4190-220. A. CHECK REGISTER NO. 081183 Following clarification that the unit price for the City Logo Plaques CC-83-227 is $130.84, which will be the price for additional plaques, Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Check Register No. 081183 as presented. B. RESOLUTION urging the League of California Cities to initiate a constitutional amendment to eliminate zoning by initiative was not adopted, since Council felt the initiative process should remain as the right of the people. C. RESOLUTION NO. 83-39 - A RESOLUTION OF THE CITY COUNCIL OF THE Y OF GRAND TERRYCE, CA, URGING THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO TAKE POSITIVE ACTION TO CONTROL TELEPHONE RATES. Councilman Nix recommended amending the Resolution by deleting the reference to the consumer price index in the fourth paragraph. CC-83-228 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 83-39 as amended. D. RESOLUTION NO. 83-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, ESTABLISHING FEES FOR REPRODUCTION OF AND RESALE OF PUBLIC DOCUMENTS. The Finance Officer recommended charging a $2.00 fee when a document must be researched and retrieved from the files, as recommended by MSI in its Revenue/Cost Allocation System Report, to recover approximately 50% of the cost; feels 10; per page copying fee is sufficient to cover the cost of reproduction, but does not cover the cost for staff to research, retrieve and reproduce documents. Councilman Nix concurred that it costs the City to perform this function; however, felt no fee should be charged, since this is a public relations service the City is to provide, and the public should be encouraged to participate. Dennis Evans, 22064 DeBerry, questioned why this matter was not addressed when the Revenue/Cost Allocation System Report was received. Councilman Nix advised that Staff submitted all items to Council at the time the report was issued; some items were rejected; Page 2 - 8/11/83 it was understood that some items would be submitted for Council consideration on an individual basis; this is one of the items. Councilwoman Pfennighausen felt some individuals could not afford the $2.00 fee, and would therefore limit access to public documents; opposed adopting the Resolution. Councilman Rigley voiced support of the Resolution; felt the public has the right to request research and reproduction of documents, but it involves time and money; questioned whether or not $2.00 is sufficient. John Mathews, 11733 Eton Drive, stated his position requires acquiring documents from many cities which charge $10.00-$15.00 for this service; feels $2.00 is not unappropriate. Councilman Petta stated the City has a small staff, and an increase in requests for this service could result in the need for additional staff; feels in order to be fair to all the citizens, it is appropriate to charge those individuals who request this service. CC-83-229 Motion by Councilman Rigley, Second by Councilman Petta, to adopt Resolution No. 83-40. Councilwoman Pfennighausen voiced opposition, indicating paper costs approximately 1.64 per sheet, leaving 8.44 for labor and equipment costs. Councilman Nix voiced opposition to the policy; did not feel the fee is unreasonable, but is insufficient to pay costs of additional staff; feels it is an annoyance fee. Councilman Petta felt the intent is not to produce revenue, but to show the City is incurring an expense in providing the service. Mayor Grant requested Staff to prepare a report indicating the time and materials cost outlay for this service. Motion No. CC-83-229 carried 3-2, with Mayor Grant, Councilmen Rigley and Petta voting AYE, and Councilman Nix and Councilwoman Pfennighausen voting NOE. RESOLUTION NO. 83-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, IRECTING ISSUANCE OF A NEGATIVE DECLARATION; APPROVING PROJECT; AUTHORIZING FILING OF NOTICE OF DETERMINATION; AND MAKING OTHER FINDINGS AND DETERMINATION - CIVIC CENTER PROJECT. Dennis Evans, 22064 DeBerry, indicated he gave the City Attorney a 1975 FPPC Opinion and questioned whether or not Councilman Petta could have a possible conflict of interest in this matter, since he owns property adjacent to the proposed Civic Center Project. City Attorney Hopkins stated if the assumption were made that owning property adjacent to the Civic Center site would increase the value of Councilman Petta's property, there could be a conflict of interest. Advised Councilman Petta would have to make the decision of whether or not there is a potential conflict of interest and whether or not to vote on this issue. Page 3 - 8/11/83 CC-83-230 Motion by Councilman Rigley, Second by Councilman Nix, to adopt Resolution No. 83-41. Councilman Petta stated he does not know whether or not there is a conflict of interest, but if there is any indication of a possible conflict, will abstain from voting on this matter. City Attorney Hopkins advised he will study the matter further. Following discussion, Motion No. CC-83-230 carried 4-0, with Councilman Petta abstaining. PLANNING COMMISSION Planning Director Kicak reported the following: (1) The Planning Commission would like to hold a joint study session on Monday, August 15 at 7:00 p.m. to discuss the General Plan. CC-83-231 Motion by Councilman Petta, Second by Councilman Nix, ALL AYES, to hold a Joint Public Workshop Session with the Planning Commission on Monday, August 15, 1983 at 7:00 p.m. at the Terrace View Elementary School. (2) The Chamber of Commerce has been involved in reviewing the Sign Ordinance and requested deferring the matter before the Planning Commission for one month. CITY COUNCIL REPORTS CC-83-232 Motion by Mayor Grant, Second by Councilman Rigley, ALL AYES, to appoint Councilman Nix as the Delegate and City Manager Armstead as the Alternate to represent the City at the League of California Cities Annual Conference in San Francisco October 2-5. 0 Councilwoman Pfennighausen read and presented to Staff for circulation to Council, a letter from Cara Wildman which was delivered to her house this date relative to assessing school fees on new development to provide for school expansion. Councilman Rigley objected to Mr. Evans' questioning Councilman etta s aving a conflict of interest relative to the Civic Center Project; stated it seemed vindictive, as if someone was out to get or persecute someone else. Reminded Council that Councilman Petta owned his office location long before any thought was given to incorporating as a City; felt the fact that Councilman Petta owns an office building in the proximity of where the Civic Center is to be built is irrelevant to a conflict of interest. Stated he feels the City Attorney should make a determination and recommendation to Councilman Petta on this matter. The City Attorney will review the matter in detail and will prepare an opinion on this matter. Councilman Nix stated the inaccuracy of the newspaper reporting has concerne m for some time. Felt the quantity of newspaper coverage for the City has been good, but disagreed with the quality; it appears that certain items make good reading on emotions and are inaccurate. Stated he has saved several articles; referenced a recent article relative to school impaction and a fee request by the Colton Joint Page 4 - 8/11/83 Unified School District. Asked the Press to accurately report the meaning and intent of discussions, rather than writing articles which they feel makes good reading. Councilman Petta stated he would plan to attend the Flood Control Meeting on August 16, as alternate, in the event the Mayor is unable to attend. The City Manager and City Engineer will also attend. Mayor Grant reported the following: (1) attended the SANBAG County ransportation Commission and Omnitrans Meetings, with no items affecting the City; (2) Attended LAFC Meeting August 10; (3) Attended dedication ceremony of the Christ the Redeemer Catholic Church in Grand Terrace August 10; and (4) concurred with Councilman Rigley's comments relative to the issue of conflict of interest for Councilman Petta. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Chairperson Barbara Mathews reported the following: (1) Thanked Staff for assistance on the City Flag. Six firms were contacted; Konkler Signs, in San Bernardino, which also makes the flags for the City of San Bernardino, is the only firm which indicated they could have the flag ready in time for the Fire Station Dedication Ceremony. The cost to make one flag is $650, and to make ten or more, the cost would be approximately $300 per flag; the size of the flag will be 3 x 5. CC-83-233 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to have a blue border on the City Flag. CC-83-234 Motion by Councilman Nix, Second by Councilman Petta, to authorize the purchase of ten City flags at approximately $300 per flag, to be appropriated from the 6/30/84 Balance Forward. Councilman Rigley recommended placing a blue fringe on two of the flags for indoor use. Councilman Nix felt this could affect the price. Motion No. CC-83-234 carried, ALL AYES. Council concurred that the design of the City Flag is to be as follows: The background is to be yellow, with a narrow blue border for the eight outdoor flags, and with a blue fringe for the two indoor flags. "Grand Terrace" will be printed in an arc above the City Logo; below the Logo will be the Motto - "The Blue Mountain City" - to be written in script. (2) Requested waiver of a business license for the Country Fair to be sponsored by the Committee the first Saturday in November; (3) requested, with Council concurrence, that the Committee be allowed to include publicity on the Country Fair in the next utility billing; (4) referenced notices published by Community Services for instructors in needlecraft, cake decorating, etc.; indicated a desire to work with Community Services in this area. Page 5 - 8/11/83 CC-83-235 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to waive the business license fee for the Historical & Cultural Activities Committee Country Fair to be held the first Saturday in November. Recess was called at 7:00 p.m. and reconvened at 7:20 p.m., with all memFers present. (5) Barbara Mathews requested that the Committee be allowed to hang a banner across the intersection of Mt. Vernon and Barton Road to advertise the Country Fair. Discussion reflected it is not feasible to hang a banner, since no poles are available other than the signal poles, which could be damaged if a banner were flown. Consideration of budgeting funds to install steel poles from which banners could be flown was recommended by Dick Rollins. The Committee will consider displaying a banner at the Community Center. STREET SWEEPING The Community Services Director stated the Staff Report dated July 28, 1983 had been submitted indicating the contractor's performance record and alternatives to be considered regarding the program, which included erecting 200 additional signs @ $65.00 per sign, for a sum of $13,000, reducing the fine from $12.00 to $7.00, or to eliminate Ordinance No. 63 relative to parking on street -sweeping days. Council questioned on what basis Staff determined the number of additional signs and the contractor's work performance. The Community Services Director stated a comparison study was conducted of other contractors, and the intersections were counted to estimate the number of additional signs which would be required to place a sign at the entrance to each street and to place additional signs along the collector and arterial streets, and to allow replacement of vandalized signs. Richard Barnett, 22208 Carhart, stated he had met with Tom Coyle and requested a permit, pursuant to Ordinance 63 which indicates the City Manager is authorized to issue permits; was told Council had advised the City Manager not to issue parking permits. Related an incident whereby he felt the contractor had left more debris in front of his house, rather than cleaning it up. Requested that Council consider three alternatives: (1) that a special permit be issued to him in accordance with Section 7 of Ordinance No. 63; (2) send ballots in utility billings to get the feelings of the people; or (3) to discontinue street sweeping. Allen Tuck, an employee of Wilden Pump, stated he feels the present signs are confusing. John Mathews, 11733 Eton Drive, stated the purpose of streets is to move vehicles through the streets, that parking on the streets is a privilege - not a right; felt claims about the contractor leaving more debris need to be proven. Page 6 - 8/11/83 El � Mark Bouche, 11948 Pascal, stated he and neighbors are upset with not being allowed to park in front of houses on street -sweeping days; recommended sweeping only main thoroughfares, and having residents keep their own streets clean in front of houses. Dick Rollins, 22700 DeBerry, stated CCS agreed in principle and endorsed the Staff Report which was submitted; stated Griffin Development Company cleans mud, etc. which collects due to development; other developers should be required to do the same. Stated the City of Westminister has discontinued its ticketing program. Richard Barnett, 22208 Carhart, stated he works for the railroad, is on call, and arrives home very late at night; requested he be issued a parking permit. Motion by Councilwoman Pfennighausen to issue a parking permit to Richard Barnett to allow him to keep his cars on the street in front of his house as long as he keeps the area in front of his house in an acceptable manner, died for lack of a second. Councilman Petta indicated support of decreasing the fine on parking tickets. Recommended notifying the Sheriff's Department to issue tickets judiciously; feels individuals should not receive tickets if the streets are not swept. Stated he had previously favored issuing a permit to an individual with too many cars to allow him to park in front of his house with the provision he keep the street clean, but it was denied; indicated would support motion to issue permit to Mr. Barnett. Councilman Rigley stated Ordinance 63 was adopted and signs were erected because it was impossible to clean the streets with all the cars parked on the streets, and this was the only way to get them off the streets. Recommended purchasing an additional 75 signs and setting the fines at $7.00. Councilman Nix concurred with purchasing additional signs and lowering fine to $7.00; questioned if 75 would be sufficient; felt tickets should be issued judiciously not to enforce the ordinance, but for street sweeping purposes; tickets should not be issued if street has already been swept; feels action must be taken to effectively sweep the streets or the program should be discontinued. Mr. Barnett questioned whether or not the City Manager has the authority to issue permits. The City Attorney advised Mr. Barnett that his request was denied on the basis that having multiple cars did not constitute unusual circumstances, and did not constitute an emergency. Councilwoman Pfennighausen recommended amending the time allowed to pay parking tickets from 10 days to 30 days; concurred with lowering the fine to $7.00. Page 7 - 8/11/83 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, that Mr. Barnett be issued a special permit to park his vehicle on the street due to the unusual hours he works, and due to the limited parking area he has at his home, with the condition that Mr. Barnett guarantees that he will adequately maintain the front of his property to the satisfaction of Staff, or the permit will be revoked. Councilman Nix stated there are many similar requests involving too many cars and limited parking area; stated many individuals choose to eliminate garage parking by either storing other items in them or converting them to living areas, but must realize parking is being eliminated. Feels multiple cars is insufficient basis for a waiver. Councilwoman Pfennighausen stated the reason for making the motion was not based on multiple cars, but is familiar with and understands hardship of working during the night and getting up early to move vehicles. Councilman Rigley concurred with Councilman Nix, indicating that a permit was granted only due to physical disability; stated the success of street sweeping is contingent upon enforcement of the ordinance. The Motion failed 2-3, with AYES by Councilman Petta and Councilwoman Pfennighausen, and NOES by Mayor Grant, Councilmen Rigley and Nix. CC-83-236 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to approve the purchase of 75 additional no parking signs at a cost of $65.00 per sign, and to adopt the following resolutions: RESOLUTION NO. 83-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, ESCINDING RESOLUTION NO. 82-48 AND AMENDING THE ESTABLISHED BAIL AMOUNTS FOR PARKING CITATIONS PURSUANT TO ORDINANCE NOS. 48, 61 and 63. RESOLUTION NO. 83-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDE A , AMENDING THE TIME FOR PAYMENT OF BAIL AMOUNTS FOR PARKING CITATIONS. BICYCLE MOTOCROSS Planning Director Kicak advised the Planning Commission considered and recommends that Council not consider the presently proposed location for a bicycle motocross, based on the following concerns: parking; the number of people that could attend the events, and accommodation of crowds at the proposed location; the percentage of people from the City which would participate in the events; damage to the adjacent properties; the water supply; and the impact on the new homes which are to be built in the approved tentative tracts in that location. Page 8 - 8/11/83 Dick Rollins, 22700 DeBerry, stated he is not speaking for the Parks & Recreation Committee, but personally concurs with the Planning Commission recommendation; feels private enterprise, not City government, should be involved in a program such as this. Council indicated concurrence with the Planning Commission recommendation; indicated a desire to return to the original concept of providing a place for the youth of the City to ride bikes, but not to build a facility for sanctioned events which would draw large outside crowds. CC-83-237 Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, ALL AYES, to accept the Planning Commission Recommendation to abandon the idea of the bicycle motocross in its presently proposed location and conception. Councilman Rigley clarified that the purpose of adding the words "and conception" to the Motion was an effort to reconsider the original idea of a bicycle motocross for the youth of the City. Councilwoman Pfennighausen recommended, with Council concurring, that Staff write a letter to Tim Engle thanking him for the time and effort expended on this proposed project. Recess was called at 8:50 p.m. and reconvened at 9:05 p.m., with all members present. PARKING CITATION WAIVER REQUEST The City Attorney advised Council that the subject parking citations were issued for parking in handicapped spaces, pursuant to State law; therefore, Council has no authority to waive State law. Recommended Mr. Rollins go to Court and appear before the judge; felt the tickets possibly would be dismissed, under the circumstances. Dick Rollins, 22700 DeBerry, stated he told two elderly couples they could park in the handicapped zone, due to the unavailability of parking, and would contact the Sheriff's deputy to request they not receive parking citations; however, before he was able to contact them, the citations had been issued. Offered to work off the cost of the tickets for the City, or to pay the fines himself. Council requested that Tom Coyle accompany Mr. Rollins to substantiate the facts and the fact that Council is in sympathy with the circumstances. Following discussion reflecting that the parking area at Terrace Hills Community Park presently has four handicapped parking spaces, and that CC-83-238 only two spaces are required, Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to direct Staff to take the necessary action to reduce the markings to the minimum of two handicapped parking spaces in the Terrace Hills Community Park parking lot. Page 9 - 8/11/83 INTERSECTION STREET LIGHTING The Administrative Assistant stated a request was received from Mr. Richard Luckman, 22411 Desoto, to install a street light at the intersection of DeSoto and Mt. Vernon, since he read in the newspaper that the City's policy is to provide lighting at intersections. The City Engineer recommended that Council establish a policy relative to street lights at intersections; feels intersection lighting is essential for traffic and pedestrian safety; stated many intersections, approximately 50%, presently do not have lighting, which would require the addition of approximately 100 lights; the energy costs would be approximately an additional $12,000 per year. Stated Council had established the policy that all lighting be on marbelite poles; there is no charge for installing street lights on existing wood poles; installation of lights on marbelite poles would cost approximately $750-$900 per light. Councilman Rigley stated he felt no requests for additional lighting should be considered until Staff, with Council approval, establishes and budgets funds for a lighting program. Councilman Nix felt intersection lighting is a safety issue for pedestrians and motorists; felt this request should be honored and that a program should be actively pursued, under the minimum cost for installation, to establish lighting in the areas needed. Councilwoman Pfennighausen stated she felt the street light requested at the end of the cul-de-sac by the Fire Station should be the developer's responsibility. CC-83-239 Motion by Councilman Rigley, Second by Councilman Nix, that Staff take the requirement of a proposed program for the next fiscal year and establish priorities for lighting intersections and mid -blocks. Following clarification that the reference to mid -blocks was on the main thoroughfares only, not in the residential areas, and would pertain to long blocks that would meet the criteria for traffic safety, Motion No. CC-83-239 carried, ALL AYES. BARTON ROAD/MT. VERNON BEAUTIFICATION The Planning Director advised the Planning Commission considered beautification of Barton Road, Mt. Vernon and Michigan, and determined that Michigan should not be considered at this time since it is part of the circulation element presently being considered in the General Plan. The Planning Commission recommended that Council consider proceeding with a beautification program for Barton Road and Mt. Vernon. Councilman Rigley recommended not considering medians on Barton Road. Page 10 - 8/11/83 -1 CC-83-240 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the Planning Commission recommendation to authorize the preparation of beautification plans for Barton Road and Mt. Vernon, subject plans not to include medians on Barton Road. The plans are to be presented to the Planning Commission for consideration and ultimate recommendation to Council. Page 11 - 8/11/83 ADJOURN - The regular meeting adjourned to a Joint Public Workshop es�i n with the Planning Commission to be held Monday, August 15, 1983 at 7:00 p.m. at the Terrace View Elementary School, 22731 Grand Terrace Road, for the purpose of reviewing the First Draft of the Updated General Plan. Respectfully submitted, ty APPROVED: