09/08/1983CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - SEPTEMBER 8, 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 September 8, 1983, at 6:06 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
John Harper, Attorney
Joe Kicak, City Engineer
Ilene Dughman, Deputy City Clerk
ABSENT: Myrna Erway, City Clerk
The meeting was opened with invocation by Reverend Lucille Hays, Grand Terrace
Assembly of God Church, followed by the Pledge of Allegiance, led by Councilman
Petta.
APPROVAL OF MINUTES - AUGUST 25, 1983
Councilwoman Pfennighausen requested status of the report requested at
the August 25 meeting to give benefits derived from City membership in
various organizations; she was advised it would be presented at the
next meeting.
CC-83-251 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to
approve the Minutes of August 25, 1983, as presented.
PUBLIC PARTICIPATION
John Mathews, 11733 Eton Drive, questioned what regulation allows
construction of fences right on the street or curb line. The City
Engineer responded that the zoning code permits fences or walls up to
four feet in height to be constructed on the property or right-of-way
line.
Floyd Beierle, 22558 DeBerry, voiced opposition to the City licensing
felines, noting a newspaper article. Felt it could be a method of
increasing the City's revenue; however, would require animal control.
Questioned how one controls a cat, what shots would be required, and
the cost; noted animal control service would have to be increased and
the animal shelter has no facilities for cats.
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Mayor Grant advised Council has made no decision on this matter;
Councilman Rigley, at the last meeting, expressed concern about the
proliferation of cats and the distinction made between dogs and cats
in the terms of licensing and control.
Councilman Rigley stated he requested Staff to prepare for Council
consideration regulations regarding the licensing of cats for the
purpose of control, not revenue. If and when the matter is brought to
Council, it will be advertised.
CONSENT CALENDAR
The Animal Control Service Contract, Item D, was removed for
discussion.
CC-83-252 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to
approve the following items on the Consent Calendar:
A. Check Register No. 090883;
B. (1) RESOLUTION NO. 83-48 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRA CA, APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION
PROGRAM FOR THE ACQUISITION AND INSTALLATION OF TRASH
RECEPTACLES;
(2) Expenditure of Funds for Trash Receptacles;
(3) Local 25% Match of $121.75 from Line Item 13-4444-701,
Roberti-Z'Berg Funding;
C. Authorization of Bid Request for Rehabilitation of Community Center
Restrooms Pursuant to Approval & Authorization to Proceed from
San Bernardino County Office of Community Development;
E. Authorization of Appropriation of Additional $3,900.00 from
FY 1983-84 Balance Forward and Authorize the Finance Officer to
Make the Payment to Caltrans for the City's Share of Participation
in the Cost of Traffic Signal Installation at I-215 & the Off -Ramp
at La Crosse;
F. Confirmation of CRA Action Relative to Notice of Completion - Fire
Station (GTC#83-01-CRA);
G. Confirmation of CRA Action Relative to Emergency Generator Wiring;
H. Confirmation of CRA Action Relative to Overhead Doors - Fire
Station.
ANIMAL CONTROL CONTRACT
CC-83-253 Council indicated it felt more emphasis should be given toward control
of stray dogs, rather than monitoring whether dogs are properly
licensed; felt the present service indicates more concern for revenue.
il
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Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to
approve the renewal of the Contract for Animal Control Services with
the County of San Bernardino for $25,588.
PLANNING COMMISSION REPORT
Planning Director Joe Kicak stated a public hearing will be held at
the September 12 Planning Commission meeting regarding the final draft
of the proposed General Plan Amendment.
PARKS & RECREATION COMMITTEE
Mayor Grant referenced a letter of resignation from Ray Ramirez;
stated he regrets the resignation of any citizen from a committee,
however, for the record, he is not in agreement with his stated
reason.
CC-83-254 Motion by Mayor Grant, Second by Councilwoman Pfennighausen, to
accept, with regret, the resignation of Ray Ramirez from the Parks &
Recreation Committee.
Councilman Nix, concurring, felt Mr. Ramirez missed the true reasoning
in Council statements relative to the motocross, since his rationale
indicates total agreement with those statements. Councilwoman
Pfennighausen felt statements in this letter indicate some
reconsideration of the statements he made in his letter to the
Committee. Advised she requested Chairman Rollins to relate to
Mr. Ramirez that Council has not turned down a motocross course
totally and ask him to reconsider.
Motion No. CC-83-254 carried, ALL AYES.
EMERGENCY OPERATIONS COMMITTEE
Tom Coyle advised notices have been sent advising members of the next
meeting.
CITY MANAGER REPORT
The City Manager reported on the following: (1) Outlined the program
for the Fire Station Dedication Ceremony scheduled for September 11,
1983. Councilwoman Pfennighausen commended the Dedication Committee
on the job it has done in putting together this ceremony. (2) Senate
Constitution Amendment No. 23 (Ayala) pertaining to financial crisis
of local government; urged attention be given to this matter; (3) A
Vehicle Code Revenue Meeting he attended August 18, 1983, which
revealed a loss of revenue because of tickets being thrown out;
anticipating an audit trail to result.
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COUNCIL REPORTS
Councilman Nix reported there appears to be some confusion as a result
of the sign and the signal at the intersection of City Center Court
and Mt. Vernon, causing some near accidents. Requested investigation
to see whether the situation can be remedied.
Mayor Grant reported the following: (1) The visit to City Hall by
Chamber o Commerce representatives of the City of Tijuana, Mexico,
and the information they presented on changes made to create a "new
image" for that City. All City Officials were given a personal
"Distinguished Visitor" card; (2) He will present a City plaque to the
San Bernardino Board of Supervisors at its meeting on September 12,
1983. Invited other members to attend; (3) A request by the San
Bernardino Post Office in the August 26, 1983, Weekly Procurement
News, for sub -bids for 70 dozen donuts per month. Based upon the
Postal Service, feels the City should go on record in opposition.
CC-83-255 Motion by Councilman Nix, Second by Mayor Grant, to direct staff to
prepare a letter for the Mayor's signature to be sent to appropriate
parties highlighting this item and taking objection to any budget
appropriation for donuts.
Following discussion, Motion No. CC-83-255 carried, ALL AYES.
Councilwoman Pfennighausen reported the following: (1) Inquired
whether ano er ounce mem er cared to attend a Contract Cities
Association event at Catalina in her place, since she will not be
attending; Mayor Grant questioned the membership status, and was
advised the City is no longer a member; (2) The death of Beth Rollins,
wife of Parks & Recreation Committee Chairman Dick Rollins, on
September 2; Dick Rollins has requested a memorial tree be planted in
her name at Terrace Hills Community Park; on behalf of Mr. Rollins,
thanked all individuals for their concerns.
UNITED NATIONS DAY CHAIRMAN APPOINTMENT
The City Manager advised William M. Ellinghause, National Chairman of
the 1983 United Nations Day, has requested the City to support
observance of the 1983 United Nations Day on October 24, 1983, and to
appoint a local United Nations Day Chairman to coordinate the City's
concerns.
CC-83-256 Following discussion, Motion by Councilman Rigley, Second by Mayor
Grant, to appoint Dick Rollins as United Nations Day Chairman for the
City of Grand Terrace. Based on the assumption that Mr. Rollins will
accept the appointment, Motion No. CC-83-256 carried, ALL AYES,
Recess was called at 6:38 p.m. and reconvened at 7:15 p.m. with all
meme— mks present.
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CONTRACT AWARD - DRAINAGE IMPROVEMENTS - PICO/MT. VERNON
The City Engineer advised that out of five contractors requested to
submit bids for the drainage improvements at the intersection of Pico
and Mt. Vernon, three expressed interest, with two bids received -
Fontana Paving in the amount of $16,700.00 and Steve Pandza
Constructors in the amount of $4,850.00. The Engineer's estimate for
the project was $5,400.00. Recommended awarding the contract to the
low bidder, Steve Pandza Constructors, in the amount of $4,850.00.
Advised the work is scheduled to begin the week of September 19 and is
estimated to require seven working days.
Council questioned the large difference in the two bids, what the
project entailed, whether it would be effective, and whether the
County of Riverside has been approached regarding its correcting
problems in that area.
The City Engineer stated he feels Fontana's Paving's high bid
indicated they were not really interested because of the amount of
other work available; outlined the work to be performed; felt this
would solve the type problems resulting from recent storms and would
probably handle larger storms; they are in the process of completing
the master storm drain plan and have coordinated closely with the
County of Riverside. Problems in that area stem from the flow
generated southerly of Grand Terrace from the Blue Mountain area and
ultimately tributary to Main Street. Riverside County has a plan,
which he feels will be enacted in the near future, to intercept that
water southerly of the City limits.
Council wanted it understood the ultimate solution is to start at the
lower end and work up, the City doesn't have the choice of starting
where the problem is, and the work proposed is a "bandaid" to remedy
problems existing in that particular area.
Ada Turner, 22407 Franklin, questioned the City Engineer's statements
relative to water never exceeding the berm on the westerly side of
Mt. Vernon north of Pico, feeling evidence indicates it has; and
whether reconstruction of the driveway on Mt. Vernon, halfway between
Pico and Franklin entering the Ross property, would deter water in
heavier storms. Mr. Kicak stated he is aware that water has
overflowed the north side of Pico at the intersection across that
property, but is not aware that the water has overflowed the berm on
the westerly side of Mt. Vernon north of Pico. Felt the proposed
reconstruction of the driveway will increase the safety because it
will be raised as much as one foot.
Mrs. Eva Mae Haslem, 22456 Pico, stated she did not understand what
the work entailed and requested the City Engineer to decsribe it more
specifically at the site.
CC-83-257 Motion by Councilman Nix, Second by Councilman Petta, to approve
Staff's recommendation to award the Contract to the lowest bidder,
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Steve Pandza Constructors, in the amount of $4,850.00, and to proceed
with the correction.
Mayor Grant advised he supports the Motion for the same reason he
supported the matter previously; however, feels it should be clearly
understood this is a "bandaid" solution; the City ultimately must
start at one end and work up to the problem.
Motion No. CC-83-257 carried, ALL AYES.
BARTON ROAD RIGHT-OF-WAY DEDICATION OFFER
Councilman Petta removed himself from participation in this matter due
to a potential conflict of interest.
The City Engineer noted the verbal offer at the last meeting for
right-of-way dedication along the frontage of Barton Road between
Victoria and Grand Terrace Road. In order to determine the City's
position, if accepted, he requested and has received that offer in
writing. Stated Caltrans advised that the additional improvements
would not adversely affect this project; however, the following
aquisition procedures must be followed in accordance with the Uniform
Relocation Act, even though the right-of-way offer is made without any
cost to the City: (1) The property must be appraised; (2) property
owners must be advised of the fair market value of the property;
(3) he must be advised that he has the right to just compensation; (4)
then the property owner may dedicate without compensation. An
estimate from the project's acquisition agent revealed that it would
cost approximately $3,000 to $4,000 to accept the dedication,
depending upon any additional encumbrances revealed by the litigation
guarantee. Recommended accepting the offer of dedication of
right-of-way for Barton Road widening from the two property owners,
authorize the City Manager to negotiate with the appraiser and the
acquisition agent the cost for the transfer as described, and direct
the Staff to modify the design to reflect the additional widening.
Councilwoman Pfennighausen requested assurance there are funds to
improve that area once we get right-of-way acquisition. It was noted
the City has budgeted $654,865 for the project and has been assured
$180,000 from FAU funds, $241,865 from TDA funds, and 233,000 in Gas
Tax funds. The City Engineer felt confident the design included in
this improvement and the conditions of the agreement Mrs. Beckwith,
completed that date, would be within the budgeted amount. Final
estimation of the project will be when the bids are received.
CC-83-258 Motion by Councilman Nix, Second by Councilman Rigley, to approve
Staff's recommendation to: (1) Accept the offer for dedication of
right-of-way for Barton Road widening from the following: Anthony &
Angeline Petta (APN 276-411-02) and N. Stafford & Dorothea G. Cooley
(APN 276-411-01); (2) authorize the Staff to proceed with the
acquisition (transfer) of property as described in Staff Report dated
September 1, 1983, Subject: Barton Road - Right-of-way Offer of
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Dedication; (3) direct the Staff to modify the design to reflect the
additional widening.
Following clarification that the cost for the City to accept this
dedication cannot be controlled by the offering parties, and that
funds will come from line items budgeted for this project, Motion No.
CC-83-258 carried 4-0, with Councilman Petta abstaining.
Councilman Petta resumed his position.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, RESCINDING ORDINANCE NO. 23 AND AMENDING THE REGULATIONS
FOR COMPREHENSIVE LITTER CONTROL AND MAINTENANCE OF PUBLIC AND PRIVATE
PROPERTY. (First Reading)
Prior to reading the title of the Ordinance, Attorney Harper read two
minor changes consisting of additional language to be added as
follows: Article II, Section 8d(1), Page four, add "for a period of
time in excess of 12 months;" sub -paragraph d(12), Page five, add
"causing a detrimental affect upon the enjoyment or use of neighboring
property;" Attorney Harper then read the title of the Ordinance.
Administrative Assistant Tom Coyle stated Council requested Staff to
prepare for consideration a property maintenance ordinance. In
reviewing ordinances from other cities, felt the property maintenance
should be included in the ordinance regulating litter control.
Council expressed concern in the following areas:
Article II, Section 2, pertaining to transporting loose materials -
Following discussion, concurred "covered and" should be deleted from
sub -paragraphs 2a and 2c, feeling "adequately secured" is sufficient
language, since it is not necessary to cover all material being
transported.
Article III, pertaining to administration and penalties - In Section
3, questioned reasoning for "portion thereof" in the sentence "and
each day or portion thereof such violation is in existence shall be a
new and separte offense." In Section 4, felt language too strong and
misdemeanor punishment for multiple violation too severe; questioned
making all violations infractions.
Attorney Harper clarified, relative to Section 4 of Article III, the
maximum penalty a court can impose for a misdemeanor is a fine of $500
or six months in jail for each violation; however, the penalty is up
to the court, and it is unlikely the maximum penalty would ever be
imposed. This Ordinance makes violations a criminal offense;
language must be specific and leave no guesswork as to penalty,
otherwise, the City could be guilty of Due Process.
Administrative Assistant Tom Coyle stated he chose the criminal
process of enforcement, since the civil approach would take 90 to 120
days to process and would be more costly for the City to enforce. The
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wording in Section 4 is standard in other ordinances; was advised it
is highly unlikely a judge would enforce punishment beyond ordering
the correction and a very limited fine, if any. Found the language in
Section 3 to be standard - a citation would state a reasonable time in
which to correct the condition; once that time has expired, the site
would be reinspected and, if not corrected, another citation would be
issued. "Each day, or portion thereof," merely resolves the
technicality of being restricted to exactly 24 hours.
Councilman Petta left the room at 8:35 p.m. and returned at 8:36 p.m.
Councilman Rigley stated he favors the City perform correction to
clean up the area if not accomplished by violator at the established
deadline, then bill violator. Recommended eliminating Sections 3 and
4 of Article III and rewording Section 3 to advise the violator of
action.
CC-83-259A Motion by Councilman Rigley, Second by Councilwoman Pfennighausen, to
delete Section 4 of Article III, change Section 5 to Section 4, and
reword Section 3 as follows: "Any person, firm, or corporation
violating any provision of this Ordinance shall be guilty of an
infraction. Penalties shall be those specified by resolution of the
City Council of the City of Grand Terrace."
Mayor Grant opposed the Motion since it could allow a transporter of
dangerous, hazardous waste to continue violation throughout the
remainder of that day. 11
Attorney Harper advised language in the Motion would not allow you to
cite an individual again after he has paid his fine.
CC-83-259B Following discussion, Motion by Councilman Nix, Second by Councilman
Rigley, to amend Motion No. CC-83-259A by inserting in Section 3,
after "...guilty of an infraction." the sentence "Each day that such
violation is in existence beyond the established correction date,
pursuant to Section 2 above, shall be a new and separate violation."
Mayor Grant expressed concern this would still allow a hazardous
condition to continue during a 24-hour period. Attorney Harper
clarified that, with the addition of this sentence, you only need to
give a written warning pursuant to Section 2, which sets forth a
reasonable period of time for correction, which could be as little
time as one minute.
Motion No. CC-83-259B to amend Motion No. CC-83-259A, carried, ALL
AYES. The Amended Motion carried, ALL AYES.
The Amended Motion No. CC-83-259A carried, ALL AYES.
CC-83-260 Motion by Councilman Rigley, Second by Mayor Grant, to adopt first
reading of the Ordinance, as amended, by title only, and set second
reading and public hearing for October 13, 1983.
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STREET SWEEPING
Councilman Petta stated he was approached by an individual who
resides at the east end of Arliss Drive beyond where it extends to a
private half street, who requested the City instruct the street
sweeper to continue onto that portion of the street, which has curbs
and gutters at the east end of the lot line. Councilman Petta stated
the Administrative Assistant advised him that that portion of Arliss
Drive is a private road. The house was built about 25 years ago and,
for some reason, the County never accepted a dedication. Felt that,
since it is still a street and that citizen pays taxes, the sweeper
should be directed to sweep the extra 40 feet, even though technically
the City cannot maintain private roads.
CC-83-261 Motion by Councilman Rigley, Second by Councilman Petta, to direct the
City Manager's office to direct the street sweeper to sweep that
street.
Attorney Harper advised it is illegal to use public funds to improve
private property; that is the purpose for dedication of public
property. There is a statute stating that, unless any road is posted
at least once a year as a private road, it is dedicated for public
use. Assuming this posting hasn't been done, it is Defacto
Dedicated; therefore, it would probably be legal. Recommended having
the property owner give the City a written offer of dedication, which
the City would not accept but record; that way it could be accepted by
the City at a future time.
Councilman Rigley, with concurrence of the Second, modified his Motion
to include, "as requested by that property owner."
Following clarification of how street sweeper could enter and exit
that street, Motion No. CC-83-261 carried, ALL AYES.
The Planning Director was directed to follow through with a possible
offer of dedication, as recommended by Attorney Harper.
Respectively submitted,
APPROVED:
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