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10/13/1983CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - OCTOBER 13, 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 October 13, 1983, at 8:18 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 Councilman Nix, followed by the Pledge of Allegiance, led by Councilman Rigley. r APPROVAL OF MINUTES (9-8-83) (9-22-83) CC-83-272 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES, to approve the Minutes of September 8, 1983 as presented. CC-83-273 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, to approve the Minutes of September 22, 1983 as amended to reflect the disaster plan of the Church of Jesus Christ Latter -Day Saints on page 8 carried 3-0, with Councilmen Rigley and Nix abstaining. CONSENT CALENDAR Item 4A - Check Register No. 101383, and Item 4C - Zampese/DeBenedet Easements, were removed from the Consent Calendar for discussion. CC-83-274 Motion by Councilman Rigley, Second by Mayor Grant, ALL AYES, to approve the following items on the Consent Calendar: B. - Confirm CRA action to select the firm of Simonis, Moreland Accountants, Inc. to conduct the City and CRA audits for fiscal years 1983-84, 1984-85, and 1985-86, to include auditing the retirement plan, deferred compensation plan, CRA mortgage revenue bonds, and the revenue sharing audit when due; and to establish a policy of selecting a new audit firm each three years; Ij Page l- 10/13/83 D. - RESOLUTION NO. 83-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND , INDICATING ITS INTENT TO IMPLEMENT HEREIN DEFINED "REASONABLY AVAILABLE CONTROL MEASURES" FROM THE 1982 REVISION OF THE AIR QUALITY MANAGEMENT PLAN FOR THE SOUTH COAST AIR BASIN; and E. - Approve Certificate of Commendation for Minority Business Development Center. CHECK REGISTER NO. 101383 Councilwoman Pfennighausen questioned why the verbal explanation given her relative to the purchase and installation of locks by Grand Terrace Lock & Key differed from the explanation in the Staff Report. The Finance Officer advised that price quotations were requested after the purchase and installation, since it was felt the price was excessive. Following clarification that this item is included as Warrant No. 11511, and that the Finance Officer is to include the certification CC-83-275 below that warrant, Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve Check Register No. 101383 as presented. EASEMENTS - ZAMPESE/DEBENEDET CC-83-276 Motion by Councilwoman Pfennighausen, Second by Mayor Grant, ALL AYES, to confirm the CRA action taken this date relative to easements for the City and Zampese/DeBenedet. PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND ESCINDING ORDINANCE NO. 23 AND AMENDING THE REGULATIONS FOR COMPREHENSIVE LITTER CONTROL AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY. The City Attorney read the title of the Ordinance. Mayor Grant advised this.is the second reading of the proposed ordinance. The Administrative Assistant stated that, as requested by Council, Staff prepared an ordinance to provide for the enforcement of the maintenance of private property by adding provisions to the existing litter control ordinance; outlined recommended amendments. Mayor Grant opened public hearing. Supporting Testimony - John McDowell, 22690 Cardinal stated this is Th—e-Tfi—ird time this type of ordinance has been considered; feels this type ordinance is needed; recommended adoption. Opposing Testimony - Ken Rinderhagen, 12738 Wilmac, felt the litter control ordinance was good; opposed the inclusion of State Vehicle Code 22660, since it provides for the removal and demolition of any inoperable vehicle, which is not to be reconstructed, and also requires that the vehicle being stored on the premises be currently Page 2 - 10/13/83 registered; stated that is not required by State law. Also opposed the reference to "unused objects" and excessive legislation. Rebuttal Testimony - John McDowell stated the ordinance pertains to items visible rom the street; felt those who keep their property well -maintained are being subjected to inverse condemnation when the neighboring properties are not maintained, lowering property values and making property difficult to sell; feels everyone should take pride in their property and keep it well -maintained, for the benefit of the entire City. Mayor Grant closed Public Hearing, there being no further testimony. In discussion, Council indicated the terms "inoperable" and "unused, discarded or abandoned objects" should be more clearly defined by including a glossary of definitions; questioned the inclusion of State Vehicle Code 22660, particularly being unaware of all the provisions in that Code. The City Attorney stated Vehicle Code 22660 includes provisions and definitions which have been questioned by Council; stated the section relating to abandoned and inoperable vehicles would be ineffective if Vehicle Code 22660 were deleted. The Administrative Assistant stated that under Vehicle Code 22660, the owner would be notified in writing to either remove the vehicle, put it in operable condition or to place it behind a visual barrier, and would also be advised of the right to request a public hearing prior f to any action being taken to physically remove the vehicle. ,I Council felt the Vehicle Code is a tool to implement that section of the ordinance, and the deletion would not eliminate the fact that inoperable vehicles are a violation, and should be handled individually. Councilwoman Pfennighausen indicated she would not support the ordinance if item (6) is included; also items 8D (14) and (15), feeling they pertain to specific properties. CC-83-277 Motion by Councilman Nix, Second by Councilman Rigley, to approve First Reading of the Ordinance, by title only, with the following amendments: Section 8D(6) - Delete the portion of the paragraph pertaining to Vehicle Code 22660, by ending the paragraph after the first sentence; and to include a glossary of definitions to specifically define the terms "inoperable" and "abandoned, discarded or unused objects," as well as any other terms which need further clarification. The Motion carried 4-1, with Councilwoman Pfennighausen voting NOE. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE REPORT Chairperson Barbara Mathews reported the following: (1) Country Fair will be held November 5; (2) Committee feels a letter should be written to the theater group clarifying their objective as theater only; Mayor Grant recommended discussing the matter informally with the Theater Group chairman, rather than the City writing a letter; and Page 3 - 10/13/83 (3) recommended requesting Art Thiede's resignation, due to non -participation. FIRE CHIEF REPORT Howard Wright advised the number of emergency incidents this year are similar to the previous year; the fire loss for the City for last calendar year was approximately $75,000. Recess was called at 9:20 p.m. and reconvened at 9:30 p.m., with all members present. CITY MANAGER REPORT City Manager Armstead reported the following: (1) the law enforcement contract has been provided, to be considered at the next meeting; (2) the Governor advised at the League of California Cities Annual Conference the subvention funding will be received this year; (3) a City/County Forum will be held at Lake Arrowhead November 3 and 4; Mayor Grant indicated he will attend - encouraged other Council members to attend; and (4) two committees have requested that Council consider placing the oral reports earlier on the Agenda. CAT LICENSING The Administrative Assistant stated Council had requested an ordinance to license cats; reviewed the Staff Report on this subject recommending that no action be taken to license cats, and the reasons for the recommendation. Councilman Nix objected to the reference to Council requesting an ordinance on this matter, indicating that only one Council member had requested consideration. Councilman Rigley concurred with Staff's recommendation not to license cats; feels there is a proliferation of cats within the City, but licensing is not the answer; recommended checking the feasibility of animal control purchasing additional cat traps or the City purchasing some for residents' use. Council concurred with taking no action. RESOLUTION NO. 83-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, , SCINDING RESOLUTION NO. 82-45 & ESTABLISHING A SCHEDULE OF SALARY RANGES FOR EMPLOYEES OF THE CITY OF GRAND TERRACE. The City Manager stated a Staff Report was presented on this subject outlining the background for recommending increasing the salary schedule by 5%, which included a survey of 19 cities; indicated Council had been advised during the budget sessions that a salary increase would not be requested until final information was received on the status of subvention funding for the cities; it has now been established this funding will be received; recommended the increase to ensure compatibility with surrounding cities; also, medical insurance and utility rates have increased. The management and administrative costs are 19% of the budget; the increase does not Page 4 - 10/13/83 consider the City Manager's salary; the total cost of the increase would be approximately $16,000, leaving a 6-30-84 adjusted Balance Forward of $604,428. Recommended adopting Resolution amending Exhibit "A" reflecting a 5% increase, retroactive to July 1, 1983. Council debated whether or not the Consumer Price Index for the Los Angeles -Long Beach -Anaheim area should be considered, with Mayor Grant and Councilwoman Pfennighausen feeling it should not be, and Councilman Nix feeling it should. The Finance Officer stated that is the only one the City is to use, and is required by the State Controller as the basis for the City's appropriation limit. Councilwoman Pfennighausen stated she feels the City has a good staff which should receive a good salary, since there is little opportunity for advancement. CC-83-278 Motion by Councilwoman Pfennighausen, Second by Councilman Petta, to adopt Resolution No. 83-51; appropriate the additional required funds from the 6-30-84 Balance Forward to cover the cost for FY 1983-84 which totals $16,000 for salary and fringe adjustments; and to make the salary increase retroactive to July 1, 1983. Mayor Grant and Councilman Petta concurred with a 5% increase; Councilman Rigley questioned the basis for the retroactive request; the Finance Officer stated Staff would have requested the increase during the budget sessions had it been known at that time the City's funding would not be decreased; Councilman Nix stated he concurs the City has a good staff, but feels outstanding service should be rewarded through the merit portion of salary consideration and ratings, not in a total salary schedule adjustment; feels this perpetuates the whole structure which would require hiring a new employee at those rates; opposed to an overall adjustment in excess of the CPI. Motion No. CC-83-278 carried 4-1, with Councilman Nix voting NOE. COUNCIL REPORTS Councilman Nix requested placement on the next meeting agenda to give a full report on the League of California Cities Annual Conference; was favorably impressed and recommends continued participation in the League of California Cities. Councilman Petta noted letters have been received from the PTA relative to school air conditioning; Councilman Nix stated the school district should provide input relative to undertaking operating costs prior to discussing this matter; Councilwoman Pfennigh•ausen read a letter from a resident recommending considering ceiling fans vs air conditioning, which could be used year-round; voiced concern that the letters circulated to the parents by the PTA indicated Council has no concern for the children of the community; felt this should be corrected. The City Clerk advised this item has been scheduled for the next meeting. Page 5 - 10/13/83 Councilwoman Pfennighausen reported the following: (1) represented the City at the retirement inner for Dr. Gerald A. Smith; received a thank -you note, which will be circulated to Council; (2) represented the City at the recent Farmer's Market Meeting; questioned to what extent the City's involvement in this matter should continue, since such a facility doesn't appear to be feasible in our City; will advise when the locations are confirmed; (3) the shopping center has become unkempt; the trash can lids are broken and dirty; the timers need to be changed to allow the parking lot lights to come on when it gets dark; also, a damaged pillar has never been repaired; indicated has visited shopping centers where cleanliness is enforced and sidewalks are steamcleaned; requested Staff investigate; (4) has received many telephone calls relative to the electrically -operated gates at the townhomes on Mt. Vernon creating a traffic hazard, due to traffic backing up on Mt. Vernon; requested action be taken; and (5) questioned the status of the fire hydrant survey; indicated the fire hydrants need to be painted; questioned if some organization, such as the scouts, could do this as a project; the City Engineer stated the survey will be on the next meeting agenda. Mayor Grant reported the following: (1) attended Omnitrans and SANBAG Meetings ctober 12; SANBAG approved $35,000 for the City's sidewalk grant; (2) the Inland Manpower Association is now defunct; and (3) noted the City Manager transmitted the General Plan Update and the proposed law enforcement contract to Council; recommended Council review the items. FIRE STATION METAL BUILDING The City Manager stated the County leased a metal garage building from Zampese & DeBenedet to house the fire engines; the lease indicated the County would purchase the building for the actual purchase price if the lessor decided not to retain the building; indicated the City Engineer has recommended against relocating the building onto City property adjacent to Building No. 4; recommended Council consider the right of refusal of the building to allow the owners to dispose of the building. The City Attorney advised the lease states the County will purchase the building if the lease does not extend beyond August 5, 1981; since the lease extended beyond that date, the County is under no obligation to purchase the building. Councilman Nix, with Mayor Grant concurring, recommended the City declare no interest in purchasing the building. Councilman Petta recommended considering purchase of the building, feeling storage space is needed. Councilman Rigley, with Councilwoman Pfennighausen concurring, disagreed the building is needed; felt if needed, wouldn't consider paying the original purchase price for a three year old building which has collected $6,800 in rent. The City Manager stated Mr. Zampese and Mr. DeBenedet were giving the City the first right of refusal; stated they assisted the City in getting the fire station. Page 6 - 10/13/83 CC-83-279 Motion by Councilman Rigley, Second by Councilman Nix not to purchase the metal building from Mr. Zampese and Mr. DeBenedet carried 4-1, with Councilman Petta voting NOE. CONTRACT AWARD - STREET IMPROVEMENTS The City Engineer stated eight bids were received at the October 11 bid opening for the street improvement project, with All American Asphalt of Corona submitting the lowest bid at $78,337.16. This firm did not submit a list of references, which has now been received; based on the City Attorney's advice that this slight irregularity can be waived, recommended award to the lowest bidder. Council noted the minimal difference between the lowest bid and the bid submitted by Fontana Paving; questioned if the lowest bid must be accepted, since the City has previously been very satisfied with Fontana Paving's work performance; questioned if the specifications include language which would allow the City to select the bid which would best benefit the City. The City Attorney advised the California Constitution requires all public works projects exceeding $5,000 to be put out to bid; by law, and by court precedent, there must be a substantial reason shown for not accepting the lowest bid, and the City would be required to hold an "Order to Show Cause" Hearing to allow the low bidder to defend the reasons why the City has chosen to award to other than the low bidder. CC-83-280 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to award and authorize the Mayor to execute a contract in the amount of $78,337.16 to All American Asphalt for street improvements consisting of resurfacing DeBerry Street between Michigan and Mt. Vernon; reconstruction of Pico Street east of Oriole; and reconstruction of a portion of Grand Terrace Road southerly of Newport. (Bid No. GTB-83-07) FIRE STATION METAL BUILDING Bill DeBenedet stated at the time the County asked he and Mr. Zampese to purchase the metal building, they agreed to furnish the $10,000 to help the City get the fire station; at that time, the County stated if he and Mr. Zampese would buy the building, the County would buy the building back when it was no longer needed; stated they were only receiving $100 per month at a time when the money could have been invested at 16-20%; stated they did not get a copy of the lease agreement, but were told that it specified the County would buy the building back for the purchase price; felt he and Mr. Zampese have always gone out of their way and have been happy to assist the City, but feels that now that the City no longer needs assistance, is forgetting about them; feels this is unfair. Mr. Zampese indicated an unwillingness to continue assisting the City, under the circumstances. Page 7 - 10/13/83 CDBG BLOCK GRANT FUNDING The City Engineer stated Council previously prioritized the following projects for this funding: reconstruction of Community Restrooms to provide for handicap facilities; construction of a parking lot at the Community Center and Grand Terrace Elementary School; and the proposed Broussard project to construct an Intergenerational Day Care Facility. Due to delays on the Broussard project, Council directed Staff to proceed on the other two projects to ensure receiving the funding of $31,905, with the total cost of the project estimated at $46,500. The Office of Community Development has requested specific Council action on this matter. Recommended Council allocate the available CDBG funding to: (A) reconstruct the Community Center restrooms to provide for handicap facilities; (B) construct a parking lot'at the Community Center, and (C) direct Staff to include the Broussard Project in the prioritization of next year's CDBG Block Grant Funding. Council debated whether or not the Broussard Project should be given any priority at this time, based on the data available; felt the only action, if any, should be only to consider prioritizing the project. A Motion by Councilman Nix and seconded by Councilman Rigley to approve Staff Recommendations (A) and (B) was withdrawn by Councilman Nix, with Councilman Rigley concurring, since Mayor Grant indicated he would oppose the motion as stated, since Council previously had given indication to give the Broussard Project consideration. CC-83-281 Motion by Councilman Nix, Second by Councilman Rigley, to delete Item (C) - direct Staff to include the Broussard Project in the prioritization of next year's CDBG Block Grant Funding - from the Staff Recommendation, carried 4-1, with Mayor Grant voting NOE. CC-83-282 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to authorize allocating the available Community Development Block Grant funding to reconstruct the Community Center restrooms to provide for handicap facilities and to construct a parking lot at the Community Center. SIGNALIZATION OF MT. VERNON/CITY CENTER COURT The City Engineer advised this matter was investigated since concern was expressed; recommended removing the existing striping at the intersection and considering changing the system by having amber blinking lights at that intersection which would activate to red during emergencies, with the signals at the intersection of Barton Road/Mt. Vernon also being activated to red blinking lights during emergencies. CC-83-283 Motion by Councilman Rigley, Second by Councilman Nix, to: (A) authorize Staff to contact the electrical engineer who designed & recommended the system to evaluate the cost of the proposed changes in Page 8 - 10/13/83 the traffic signal, including the connection to Barton Road/Mt. Vernon signal to pre-empt the controller to all red blinking signals at that location; (B) Transfer $750 from the 6-30-83 Balance Forward to Line Item 22-4914-600, leaving an adjusted balance forward of $110,408; and (C) direct the Community Services Director to remove the existing painting off the pavement at the intersection. Council questioned and received clarification that the $750 is for the evaluation of the system, and does not include the cost to change the system. John Mathews, 11733 Eton Drive, recommended placing large signs above the intersection stating "Fire Signal." The City Engineer indicated that although a smaller sign indicating "Fire Signal" is already at that location, larger signs could be tried prior to changing the system. Following discussion, Motion No. CC-83-383 carried, ALL AYES. BARTON ROAD RECONSTRUCTION PROJECT The City Engineer reviewed the following exhibits which were provided to Council: (A) summary of project costs; (B) acquisition costs from 11 of the 13 property owners; two property owners who offered dedication at no cost have not been contacted by the agent; the costs for this have been included in the estimate; (C) engineer's estimate; (D) revenue sources; and (E) negotiated agreements with the property owners; noted that the City's right-of-way agent tentatively committed the City to constructing a 6-foot high block wall on the frontage of the Beckwith property, which is in violation of the zoning ordinance; recommended Council consider a variance rather than changing that property to a Victoria address. Reviewed the plans; stated the limits of the project are from the intersection of Barton Road/Mt. Vernon to the easterly City limits; reviewed the project in detail, including the construction of retaining and garden walls; the property owners preferred to give 10 foot construction easements rather than fee title; a four foot sidewalk is to be constructed, with concurrence of Caltrans; it will be necessary to go onto certain private properties for grading purposes and some corrective drainage measures will be taken; space will be allowed along the slumpstone walls to provide for planting and an irrigation system; a curb and gutter will be installed across the Beckwith property; the $35,000 SANBAG Grant will cover the cost of sidewalk installation from Arliss Avenue to Grand Terrace Road; sidewalks will also be constructed on the southerly side from Honey Hill Drive all the way across; no sidewalks have been planned for the area between Palm and Preston; there will be sidewalk in front of the Civic Center, and sidewalk exists in front of Valley Bank; if Council prefers, sidewalk can be installed between Palm and Preston at this time for an approximate cost of $14,000-$15,000; the sidewalk will be meandering to go around some of the existing trees. Reviewed the plans for drainage and paving. The project is expected to begin in January or February of 1984. The City Engineer will investigate a discrepancy in the dollar amounts for the Beckwith property, as noted by Council. Page 9 - 10/13/83 Recess was called at 11:30 p.m. and reconvened at 11:37 p.m. with all metes present. Council requested consideration of installing a left turn lane at the intersection of Barton Road/Palm; this will be incorporated; replacing the blue dots will be included in the striping program; dots will also be placed to provide an area for bicycle traffic; Barton Road will be designed to minimize sheeting during rains. CC-83-284 Motion by Councilman Rigley, Second by Mayor Grant, to: (1) Approve the design concept for Barton Road as proposed; (2) Approve the various agreements negotiated between the City's acquisition agent and the property owners, with the agreement with Beckwith to be clarified on the discrepancy previously noted; (3) Accept the various deed and temporary construction easement documents; (4) Authorize the City Manager to sign the agreements; (5) Direct the City Clerk to record the grant deeds; and (6) Direct the Finance Director to disburse the funds to the various property owners in accordance with the agreements negotiated by the right-of-way agent. Following confirmation by the City Attorney that Councilman Petta would have no conflict of interest in voting on this matter, Motion No. CC-83-284 carried, ALL AYES. CHECK PROTECTOR/SIGNATURE EQUIPMENT The Finance Officer recommended purchasing this equipment to save the time taken to get two signatures on each check and as a safety factor to prevent forgery; the checks would continue to be issued only following Council approval of the check register; recommended using signatures of individuals who will be with the City for some length of time to minimize the need to change signature plates often. CC-83-285 Motion by Councilman Nix, Second by Councilman Petta to approve the purchase of the F & E Check Protector and Signature Machine and convert to a signature plate method of handling checks for a total cost of $2,226, with the funds to be allocated from the 6-30-84 Balance Forward to Line Item 10-4140-700, leaving an adjusted balance forward of $602,428. Following clarification that a policy is to be established whereby the Mayor is to initial all checks prior to being processed through the equipment, Motion No. CC-83-285 carried, ALL AYES. Councilman Petta stated he remembers the circumstances when the need was shown for a building to house the fire engine. The County didn't want to expend funds, so they asked Mr. Zampese and Mr. DeBenedet if they would expend $10,000 for the building; for that, they received $100 per month, at a time when interest rates were 16-20%, which would not recover the interest if those funds were invested in a savings and loan association. These individuals did the County a favor; the discussions indicated the County would buy the building from them; no statements were ever made relative to a time element after which the County would have no obligation; Mr. Zampese and Mr. DeBenedet Page 10 - 10/13/83 were not aware of this clause. Stated these gentlemen now have a building for which they have no need; some unkind remarks were made at the Council table to two individuals who did the County and the City a favor by charging $100 per month on an investment of $10,000; had they invested that $10,000 in real estate, it would be worth a considerable amount of money at this time; feels Council owes Mr. Zampese and Mr. DeBenedet an apology. In discussion, it was noted that the County was paying rent on the property leased from Mr. Zampese and Mr. DeBenedet during this period, as well as the City paying $100 per month; felt these facts should be discussed with Mr. Zampese and Mr. DeBenedet, and that assistance could be given in negotiating with the County on this matter. Remarks made at the Council table were on an individual basis, and were not the action of Council; the action taken by Council was based on the issue presented, which was whether or not the City wished to purchase the building. Council felt no apology was necessary, since there was no intent to take advantage of the two individuals, and since the matter is between them and the County. Councilwoman Pfennighausen congratulated the City Manager on becoming a grandfather again; indicated he has requested a vacation leave. CC-83-286 Motion by Mayor Grant, Second by Councilman Nix, ALL AYES, to approve a vacation leave for the City Manager. ADJOURN The regular meeting adjourned at 12:30 a.m. The next regular meeting will be held October 27, 1983 at 5:30 p.m. Respectfully submitted, 1 Mtn^-lti- c, ty Cleft APPROVED: Page 11 - 10/13/83