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10/26/1983CITY OF GRAND TERRACE COUNCIL MINUTES SPECIAL MEETING - OCTOBER 26. 1983 A special 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 26, 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 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 Rick Petronella, Praise Fellowship Foursquare Church, Highgrove, followed by the Pledge of Allegiance, led by Ed Clark. CIVIC CENTER PROJECT AWARD Architect Larry Wolff distributed bid information on the two lowest bidders, Donald, McKee & Hart, Inc., in the amount of $2,018,000, and Maveric Construction, in the amount of $2,138,311, and the bid tabulation for all 13 bids received at the bid opening held at City Hall at 2:00 p.m. this date; stated there was insufficient time to review all bids; reviewed the apparent low bidder's bid; Mr. Hart has indicated an error had been made in his firm's bid; since there could be a problem with the apparent low bidder, recommended utilizing the costs listed in the bid of Maveric Construction to allow the financial consultants to continue the necessary arrangements to obtain financing for the project; recommended deferring contract award until the bids are reviewed more thoroughly. Advised the City Clerk received a formal protest from one of the bidders, C.V. Holder, Inc., on the basis that some of the bidders did not submit bids on all the additive alternate bid items; this matter will be reviewed by the City Attorney. Mr. Wolff indicated proposals were requested for the furnishings and communication system in order to provide a total turnkey package to ensure sufficient funding for the entire project. These items will be reviewed in more detail. Page 1 - 10/26/83 Mark Johnson, Shearson/American Express stated bids will be requested for underwriting a lease/purchase agreement to finance the Civic Center once the required funding is established; an owner/trustee, separate from the City, will construct the Civic Center and will then lease it to the City for 30 years, with rental payments to begin upon occupancy; the City will own the facility outright following that period of time; bids are anticipated in late November. RESOLUTION AWARDING CIVIC CENTER CONSTRUCTION CONTRACT Gene Nazarek, Bond Counsel, recommended deferring adoption of this Resolution until November 10 and preliminarily considering the amount submitted by the second bidder, indicating an addendum can be prepared if necessary to reduce the amount of the issue; any excess funds can be applied to reduce the rental payments. The second draft of five documents which will need approval have been filed with the City Clerk and will be reviewed in detail November 10; these will be revised as more data is obtained, and will request approval November 17. Security Pacific Bank is unable to act as Trustee; Crocker National Bank has agreed to act as Trustee; recommended approving using the total project cost based on the second low bid, $2,735,107.80, to allow proposals to be requested for the certificates of participation; advised this amount can be amended. CC-83-287 Motion by Councilman Rigley, Second by Mayor Grant, to utilize the second low bid to establish the funding required for the total Civic Center Project as $2,735,107.80. Following confirmation by the City Attorney that voting on this matter involves no conflict of interest, Motion No. CC-83-287 carried, ALL AYES. RESOLUTION NO. 83-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, SAN RNARDINO COUNTY, CA, APPROVING THE OFFICIAL STATEMENT & NOTICE OF SALE; AFFIXING DATE, TIME & PLACE FOR TAKING PROPOSALS FOR THE SALE OF CERTIFICATES OF PARTICIPATION; AND MAKING OTHER DETERMINATIONS. Mr. Nazarek advised Council approved a schedule of events on October 1331 1983; recommended adopting the Resolution approving the Official Statement, fixing the time and place of receipt of proposals as November 17, and authorizing staff and the consultants to seek proposals, pursuant to the approved schedule of events. CC-83-288 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to adopt Resolution No. 83-52, to include establishing November 17 as the date to receive proposals for the sale of Certificates of Participation. Mr. Nazarek advised that November 10 and 17 are very important dates for the review of many official documents, which will be on file with the City Clerk, and to make final decisions on the financing; recommended reviewing the documents prior to those dates. Mark Page 2 - 10/26/83 �71 Johnson advised the lease purchase agreement specifying the City's obligation can be ascertained after the market has been tested and the bids received. LAW ENFORCEMENT CONTRACT The City Manager stated Councilman Rigley, Ed Clark and he met with representatives of the San Bernardino County Sheriff's Office relative to concerns expressed by Council; submitted information on the Los Angeles cost accounting method which was used to compute the costs; advised Kent Laime, Bruce Jackson and Capt. Bradford of the Sheriff's Office are present to answer any questions; recommended approval of the contract. Mayor Grant referenced page 6 of the Contract relative to determining the manner or means of performance; indicated he hopes the language does not preclude effective input by the City relative to certain areas which at times may require increased coverage. Questioned if the County's direct costs could be construed as administrative overhead, as opposed to the Sheriff's Office overhead. Mr. Jackson indicated it pertains to the use of space only. Mayor Grant questioned the reference on the last page to costs previously absorbed by the County; Mr. Laime stated the City was previously charged for the services of four deputies to provide service around the clock, but was not charged for sick leave, vacation and training time, which equates to half a man, which is part of the reason for the increased cost. Mayor Grant stated, for the record, that he will support the proposed contract because the City gets excellent service from the Sheriff's Department, and the City doesn't have much choice, even if excellent service was not received; requested that Staff continue to investigate viable alternatives for equivalent service, including the backup capabilities, for less cost. CC-83-289 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to: approve the FY 1983-84 Law Enforcement Contract with the San Bernardino Sheriff's Office for $386,998; authorize appropriation from Balance Forward for $363,998 plus $4,000 (estimated overtime) for a total of $40,998 to Department 4410 Line Item 256 Page 59 of the approved annual City budget for 1983-84; authorize funds to be transferred from 6-30-84 Balance Forward to Department 4410 Line Item 256. Recess was called at 6:37 p.m. and reconvened at 7:20 p.m. with all mem ers present. APPROVAL OF MINUTES (10-13-83) CC-83-290 Motion by Councilman Petta, Second by Minutes of October 13, 1983 as amended $68,000 on Page 6, the last paragraph, abstaining. Page 3 - 10/26/83 Councilman Nix, to approve the to reflect $6,800, rather than carried 4-0, with Mayor Grant PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, apologized for being unable to act as the City's representative for United Nations Day; indicated the Sheriff's deputies have been receiving complaints relative to ticketing vehicles parked on street -sweeping days. Steve Kiacz, referencing the proposed litter/property maintenance ordinance, requested Council consider a situation which exists on Mt. Vernon and Brentwood where many cars are parked on public property, only being moved on street -sweeping days, with no apparent hobby being pursued; feels the City's beauty has depreciated since Council has allowed individuals to keep cars on property for hobby purposes. CONSENT CALENDAR Item A, Check Register No. 102683, was removed for discussion. CC-83-291 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the following items on the Consent Calendar: B. - Authorize City Clerk to attend League of Cities Election Seminar in Monterey November 30-December 2; C. - Authorize transfer of $550 from 6-30-84 Balance Forward to Line Item 10-4125-210, Office Expense, to cover cost of subscription service with West Publishing Company; and D. - Accept Grand Terrace Fire Station from CRA. CHECK REGISTER NO. 102683 The expenditures for Warrant Nos. 11616 and 11630 were clarified; the City Attorney advised, relative to Warrant No. 11634, that the City contracts with Phillip Page, the father; the fact that Thomas Page does the work is between Mr. Page and his son. CC-83-292 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES, to approve Check Register No. 102683 as presented. PLANNING COMMISSION REPORT Commissioner John McDowell advised developers are attempting to build higher density housing due to land values; cautioned the Planning Commission and Council relative to allowing more housing on properties. PARKS & RECREATION COMMITTEE REPORT Chairman Dick Rollins reported the following: (1) invited Council to attend the Halloween Program at Terrace Hills Junior High October 31; (2) a Christmas Program will be held in December, and "Train Don't Strain" will be held in the Spring; People Helper's is presently beginning various recreation and crafts programs. Page 4 - 10/26/83 Weekend Park Maintenance - Dick Rollins stated he has been r maintaining, opening and closing the park on weekends for over two years at no cost to the City; feels it is necessary to keep the park ' secured and clean on weekends, since it is most heavily used at that time; has previously been paying Phillip Page himself to have Thomas Page do the work when he has been out of town; requested consideration of hiring someone to do this; felt funds are available, since $4,000 was saved on this year's maintenance contract. CC-83-293 Motion by Councilman Nix, Second by Councilwoman Pfennighausen, ALL AYES, to direct Staff to continue the interim plan of providing for weekend maintenance services by Phillip Page, by contract or agreement, until a final solution has been reached. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Chairperson Barbara Mathews recommended, with Council concurring, that a potluck dinner be held on November 17 from 5:30 - 7:00 p.m., with Council Meeting convening at 7:00 p.m. CC-83-294 Motion by Councilman Petta, Second by Councilwoman Pfennighausen, ALL AYES, to approve the Historical & Cultural Committee's request to conduct the Committee Meetings on the first Monday of each month at 7:00 p.m. at the Red Carpet Realty Conference Room at 22456 Barton Road. Councilman Nix advised the PTA no longer occupies the Community Center; the availability of meeting rooms for small groups has increased significantly. CC-83-295 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to declare the position of Art Thiede vacant on the Historical & Cultural Activities Committee, due to non-attendance. Country Fair Donations - Barbara Mathews questioned if donations could e accepted to offset the costs of this function, and how they should be handled; the City Attorney recommended that Council take action to increase the Committee's budget in accordance with the total amount of donations received. Committee Member Terms - Barbara Mathews advised she and Ann Petta's terms are due to expire in June of 1984; should they be reappointed for another four year term, they will exceed the maximum eight years as stated in the Policy; requested a determination. The City Attorney advised no legality is involved; Council established the policy and can also modify it. Councilman Nix felt the policy should be followed for committees which receive many applications, but an exception should be made in this case until such time as this committee has that situation. CC-83-296 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to approve the exception to the eight -year limitation rule for the Historical & Cultural Activities Committee at this time. Page 5 - 10/26/83 Theatre on the Terrace - Barbara Mathews stated Council agreed to the formation of a theater group on May 12 and indicated it was not to affect any of the duties and responsibilities of the Historical & Cultural Activities Committee; stated the Committee questions the references in the theater group's bylaws to "performing arts" and "promoting community involvement and participation in cultural & musical recreation," feeling it duplicates the cultural objectives of the Committee; requested clear specification of the theater group's duties. Council indicated the theater group was to be established as an entity separate from the City, with the City providing funding to allow the group to get started, and not necessarily to continue funding this group's activities; therefore, did not feel the City has the right to dictate the contents of that group's bylaws. Did not feel there would be a problem of duplication of activities; stated the Committee is to retain its role for the City as outlined in the duties and responsibilities. Recommended taking no action at this time, but to consider the matter later if it becomes apparent the theater group is infringing upon the Committee's activities; indicated support of both groups. Councilman Petta stated the Historical & Cultural Activities Committee needs clarification of this matter for planning purposes; felt taking no action creates confusion and concerned it could invalidate the City -appointed Committee. CRIME PREVENTION COMMITTEE - Mayor Grant indicated a report dated August 15 was submitted outlining the Committee's goals. EMERGENCY OPERATIONS COMMITTEE - Chairman Mike Harris reported the following: outlined the ommittee's progress since formation; (2) presently processing an Emergency Operations Plan for the community; (3) next meeting will be held November 17 at the Multi -Agency Operation Coordination Center in Riverside to gain information relative to formulating a plan for processing data in times of emergency; (4) will participate in Country Fair by promoting community awareness of the Committee and to distribute earthquake preparedness material; (5) request will be forthcoming to increase the number of members on the Committee. Mayor Grant presented the disaster plan of the Church of Jesus Christ Latter -Day Saints for Committee review. Council commended the Committee for its efforts in preparing an emergency plan and operating procedure. THEATRE ON THE TERRACE - Chairman Bob Magnusson stated the concerns expressed y the Historical & Cultural Activities Committee will be discussed at the group's next board meeting; indicated there is no intent to infringe on that Committee's objectives, and a desire to work together. Secretary Linda Pue advised the group has adopted its bylaws, elected a board of directors, and has established dates for a production; questioned what the City's procedure is to dispense the funds which have been allotted by Council. Page 6 - 10/26/83 Council discussed and concurred that the City should not be involved with the theater group incorporating and achieving non-profit status; indicated the group has shown sufficient evidence of being organized to receive the City's donation. CC-83-297 Motion by Councilman Nix, Second by Councilman Petta, to accept the theater group's bylaws, the Board of Directors Roster and 1984 season schedule, which have been presented to Council, as sufficient evidence of the establishment of the Theatre on the Terrace organization, and to approve proceeding with the funding of this program as budgeted. Council discussed various methods of dispensing the funds to the theater group, and further discussed incorporation. Councilman Nix clarified the intent of his Motion was to endorse the function the theater group is performing in behalf of the community and the City is providing an avenue for the group to get started by making a donation to that organization. That organization will have to determine whether or not it will go through the lengthy, costly process of incorporation to get the protection a corporation provides and the issue of insurance, as any other organization must do. Motion No. CC-83-297 carried, ALL AYES. The theater group is to submit a budget outlining the proposed use of the $2,000 donated by the City; the City will then give Theatre on the Terrace a $2,000 check to be deposited in an account by that title; the theater group is to submit a quarterly report to the City, similar to that submitted by CCS. Recess was called at 8:55 p.m. and reconvened at 9:12 with all members present. POLICE CHIEF REPORT Capt. Jim Bradford advised he will try to obtain sufficient Neighborhood Watch Signs to be placed at each entrance to the City. CITY MANAGER REPORT The City Manager requested consideration to change the Council Meetings to Tuesdays; following discussion, Council concurred that Council Meetings will continue on Thursdays. CITY COUNCIL REPORTS Councilman Nix, reporting on the League of Cities Annual Conference held Oct�er�-5 in San Francisco, stated he felt the participation of City representatives in the conference was very worthwhile and beneficial; supports membership in the League of Cities based on the activities, communication and the legislative input received from that organization. Became aware of the Award for Excellence competition which exists throughout the cities of the State; 40-50 cities submitted programs for consideration; the five finalists selected Page 7 - 10/26/83 presented their projects; stated hearing what the City of Brisbane, the winner, has done with its RDA Program by cleaning up a City dump, which was an eyesore, and replacing it with a marina project similar to that of Marina Del Rey, provided inspiration and ideas for our City. Stated the theme of the conference was "Partnership in Action." Felt our City should be more communicative and share some of our City's projects with the League of Cities such as its joint operating agreement with the School District and the lease arrangement which the City has with the Lions Club for the Community Center; indicated other cities were interested in this unique arrangement. Recommended pursuing a project in the future which would benefit the area and would also be a candidate for the Award for Excellence Program. Councilwoman Pfenni hausen reported the following: (1) commended Staff on the agendaformat; requested that the firm which manages the shopping center be commended for cleaning up the center; hopes it continues. Mayor Grant reported the following: (1) a reservation has been made for the Introduction to Redevelopment Seminar," should anyone wish to attend; (2) Response was received from Congressman Brown relative to the issue of the postal department purchasing donuts for employees, indicating they are an incentive for reducing accidents; (3) a Public/Private Partnership Seminar will be held at the San Bernardino Convention Center November 9; (4) a Cities/County Conference will be held at Lake Arrowhead November 3-4; (5) the PTA has requested Council show support by distributing literature at the Country Fair November 5; (6) recommended, with Councilwoman Pfennighausen concurring, that some method be established, such as staggering workdays, so that someone in City Hall can be contacted on weekends and holiday periods; (7) glad work is being done at Barton Road and the Freeway; questioned whether or not this will address Mr. Grable's concern relative to the bushes being too high and the possibility of cars being hit on the left when entering Barton Road from the freeway; (8) attended and gave some awards at the Colton Tournament of Bands; (9) referenced a memorandum indicating the insurance premiums for health insurance for the employees will increase significantly, making it difficult for many of the employees to afford the insurance; encouraged Staff to continue to search for a better plan; (10) questioned the status of sharing traffic fines with Loma Linda; and (11) Council concurred with holding the Council Meetings on November 10 and 17 and December 1 and 14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, RESCINDING ORDINANCE NO. 23 & AMENDING THE REGULATIONS FOR COMPREHENSIVE LITTER CONTROL & MAINTENANCE OF PUBLIC & PRIVATE PROPERTY. (First Reading) The City Attorney read the title of the Ordinance. The Administrative Assistant advised that based upon review with the City Attorney, Staff has concluded that Sections 22660 thru 22671 of the State Vehicle Code should remain as enabling legislation making it permissible for cities Page 8 - 10/26/83 to take action against inoperable vehicles on private property; provides for written, advance notice to the property owner and the right to a public hearing prior to any abatement action being taken; specifies in those sections the procedures to be taken to abate inoperable vehicles in front yards as a public nuisance; recommended not expanding the glossary of terms, since the terms appear to be self-explanatory; changed the word "object" to "item." SueRor�ting Testimony - John McDowell, 22690 Cardinal, stated he has saidmany any times previously there is no good reason why this ordinance should not be adopted; indicated comments made about what is meant by "inoperative," and references to fantasies, hobbies and family programs are irrelevant; felt the City should not be cluttered when surrounding cities have a similar ordinance and do not allow this. Opposing Testimony - Ken Rinderhagen, 12738 Wilmac indicated opposition to Section 22660 of the Vehicle Code unless a definition is provided for "visible." Supports in terms of "abandoned" vehicles; feels people should be allowed to pursue hobbies; questioned how "used" and "unused" can be qualified. Rebuttal Testimony - John McDowell questioned why property owners should be allowed to have cluttered properties, which is an eyesore to the surrounding properties, causing them to decrease in value, and resulting in inverse condemnation. Dick Rollins, 22770 DeBerry, questioned how this ordinance will be enforced, indicating Ordinance No. 23 isn't presently being enforced, since many trees and shrubs in the City presently block the sidewalks. Councilwoman Pfennighausen felt the proposed ordinance could become a trap, since many items are not specifically defined; indicated a similar ordinance for San Bernardino is more detailed; felt enforcement will be time-consuming; indicated will not support the ordinance if Section 8 is included. Councilman Rigley indicated the City has needed an ordinance such as this for some time; stated the ordinance covers many more areas of concern than just vehicles; feels enforcement can be accomplished. CC-83-298 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, that the Motion to approve first reading of the Ordinance be by title only. CC-83-299 Motion by Councilman Rigley, Second by Councilman Petta, to approve first reading by title only of the ordinance rescinding Ordinance No. 23 and amending the regulations for comprehensive litter control and maintenance of public and private property, and to set public hearing and second reading of the ordinance for November 10, 1983, carried 4-1, with Councilwoman Pfennighausen voting NOE. Page 9 - 10/26/83 BID AWARD - COMMUNITY CENTER RESTROOM REHABILITATION Tim Serlet, Engineering, advised the bid opening for this project was conducted on October 18, with one bid received from S.C.C., General Contractor, in the amount of $21,391; the total CDBG allocation for both the Community Center restrooms and the parking lot was $31,905; the engineering estimate for the restroom project was $14,500; stated Council could consider two alternatives: (1) reject the bid received and readvertise; or (2) award the contract to S.C.C., General Contractor, and authorize transferring $9,891 from the Parking Lot project to the restroom project; recommended readvertising for bids. CC-83-300 Motion by Mayor Grant, Second the bid submitted by S.C.C., bids for the Community Center FIRE HYDRANT SURVEY by Councilman Petta, ALL AYES, to reject General Contractor, and readvertise for Restroom Rehabilitation Project. Tim Serlet, Engineering, stated the survey describes the type and condition of the fire hydrants, and includes a map indicating the location of existing fire hydrants in the City; indicated no attempt was made to determine the fire flow capability of the hydrants, since this is the responsibility of the fire department and water company; recommended the report be forwarded to those agencies. It was clarified that Riverside Highland Water Company owns the fire hydrants; Councilman Rigley indicated since the purpose of the survey was to ensure the fire hydrants are maintained and painted, recommended forwarding the survey to the water company and the fire department with an explanatory cover letter asking input on how this matter can be coordinated and accomplished. Councilwoman Pfennighausen voiced concern for the lack of fire hydrants in the area west of the freeway, and indicated the residents in that area are concerned. The City Attorney advised the developers, not the water company, are required to install fire hydrants; stated the effectiveness of additional fire hydrants would be determined by whether or not the underlying waterlines could generate sufficient pressure; was questioned and confirmed that a special assessment district could be formed to fund such a project. Staff is to discuss and coordinate the possibility of updating the City's fire protection service in the area west of the freeway, including the possibility of establishing a special assessment district, with the water company and fire department, with the matter to be considered further by Council following discussions. FIRE ACCESS AGREEMENT 11 Staff was previously directed to proceed with a grading plan to include an ingress/egress easement for emergency vehicles into the fire station; the completed plans, exhibits and proposed agreement with the Azure Hills Seventh Day Adventist Church were presented for Council consideration. 0 Page 10 - 10/26/83 CC-83-301 Motion by Councilman Nix, Second by Councilman Rigley, ALL AYES, to: approve and authorize the Mayor to execute the agreement with the Azure Hills Seventh Day Adventist Church; authorize transferring $4,077 from the 6-30-84 Balance Forward to Line Item 22-4914-260; and authorize Staff to proceed with the specifications for this project in requesting bids for the construction. WATER RESERVOIR SITE The City Manager, Councilman Petta and Bob Stewart, Engineering Staff, met with Mr. Dodson, the President, and two managers from Riverside Highand Water Company; the water company is willing to pay the cost of reseeding its property to control erosion and to ensure the swales are constructed properly; noted the City directed them to place dirt on City property for construction of a motocross site; feels that is the City's responsibility; the California Conservation Corps must work through a governmental agency. The City Manager advised the City can meet with the Board of Directors November 10; recommended authorizing Staff to continue this project based on the proposed costs submitted. CC-83-302 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to accept the City Manager's decision on the shared responsibility for the Blue Mountain Erosion Control Project, with the City's cost to be $3,175, plus the labor cost for the California Conservation Corps, and to request Riverside Highland Water Company to pay its share of the cost, which is $3,275. ADJOURN The special meeting adjourned at 10:45 p.m.; the next regular meeting will be held November 10, 1983 at 5:30 p.m. Respectfully submitted, ity perk APPROVED: Mayor Page 11 - 10/26/83