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11/10/1983V-11 CITY OF GRAND TERRACE COUNCIL MINUTES REGULAR MEETING - NOVEMBER 10. 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 November 10, 1983, at 5:45 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 Ray Williams, Grand View Baptist Church, followed by the Pledge of Allegiance, led by Ed Clark. ITEMS ADDED TO AGENDA Resignation and appointments - Parks & Recreation Committee. MINUTES OF OCTOBER 26, 1983 Approval of the October 26, 1983 Minutes was deferred to November 17, 1983. CIVIC CENTER PROJECT Architect Larry Wolff advised the firm of Donald, McKee & Hart, Inc., submitted a letter requesting withdrawal of their bid, due to their error in the bid; the City Attorney recommends rejecting that bid based upon the letter received; a qualification statement was requested from the present apparent low bidder, Maveric Construction Corporation; contacted the bonding company and reviewed the entire bid package for Maveric Construction; recommended bid award to Maveric Construction. Mr. Wolff referenced and corrected some errors stated in a November 10 article in The Sun regarding the project; advised he had contacted the firm of C.V. Holder, Inc. and received indication the firm would not pursue a protest on this matter. Page 1 - 11/10/83 Council questioned the correct square footage of the facility and whether the electrical and plumbing specifications were excessive. Mr. Wolff stated the specifications are appropriate for a design life of 50 years for the facility; the City Engineer advised his primary responsibility in reviewing the specifications was to ensure they met the codes; stated they meet, and in no case did they fail to meet the code; felt the system which has been designed is adequate and top quality. Barney Karger, 11668 Bernardo Way, stated although he does not deal with Class "A" construction, felt the square footage cost is excessive; felt it would have been better to purchase the Traveler's Building, even though it may not be built as well. Steve Kiacz, 11809 Holly, stated he understands all bidders did not submit bids on the alternatives; questioned if the bid being considered is responsive. Mr. Wolff clarified there were four alternate bid items; the third alternate consisted of two parts, for two types of masonry; many bidders assumed only the lowest priced item was to be completed; stated the specifications allow the City to waive any informalities and to reject all bids; felt the proposed contractor fulfilled the intent. Mr. Wolff, responding to questioning on the cost of the facility, stated the total construction bid on this project, including the additives, is $2,310,311, which is below the estimated project cost which for nine months has been 2.4 to 2.5 million dollars; the intent was to construct a high quality multi -purpose facility which would promote pride in the community, would last for 50+ years, and which would require low maintenance and would be energy -efficient. Dick Rollins, 22700 DeBerry, concurred with Mr. Wolff; recommended proceeding with the project. Council indicated the purpose of questioning various areas was to ensure a thorough examination of all data prior to voting on this matter, rather than an indication of disagreement; felt the community will be proud of this facility. RESOLUTION NO. 83-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDA AN BERNARDINO COUNTY, CA, AWARDING CONTRACT FOR THE CONSTRUCTION OF CIVIC CENTER TO LOWEST RESPONSIBLE BIDDER SUBJECT TO CERTAIN CONDITIONS. CC-83-303 Motion by Councilman Nix, Second by Mayor Grant, to adopt Resolution No. 83-53. Following confirmation by the City Attorney that voting on this matter by Councilman Petta would involve no conflict of interest, Motion No. CC-83-303 carried, ALL AYES. Attorney Gene Nazarek reviewed the Site Lease Agreement, the Agency Agreement, the Lease/Purchase Agreement and the Trust Agreement; request for approval of these documents is anticipated on November 17 to secure financing for the Civic Center Project. 11/10/83 Recess was called at 7:15 p.m. and reconvened at 7:30 p.m., with all members present. RESOLUTION NO. 83-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA, SUPPORTING THE RELICENSING OF HYDROELECTRIC PROJECTS TO THE SOUTHERN CALIFORNIA EDISON COMPANY. (FERC Project Nos. 1388 & 1389) Sue Noreen, Area Manager, So. California Edison Company, showed a film regarding this subject; indicated that cities in the business of distributing electricity to their customers could file competing licenses for the hydroelectric project; requested Council support of the Resolution. CC-83-304 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to adopt Resolution No. 83-54. ORDINANCE NO. 73 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND T R CE, CA, RESCINDING ORDINANCE NO. 23 AND AMENDING THE REGULATIONS FOR COMPREHENSIVE LITTER CONTROL & MAINTENANCE OF PUBLIC & PRIVATE PROPERTY. (Second Reading) The City Attorney read the title of the Ordinance. The Administrative Assistant advised this proposed ordinance expands the current litter ordinance to include the maintenance of private property, declaring certain conditions as a public nuisance, and declaring the penalties. Mayor Grant opened Public Hearing on the proposed ordinance. Supporting Testimony The following individuals spoke in favor of adopting the proposed ordinance: Julie McDowell, 22690 Cardinal; Dorothy Brown, 12431 Oriole; Dave Jones, 12880 Fremontia; Dorothy Farley, 12513 Michigan; Steve Kiacz, 11809 Holly; Frank Gigandet, 22743 Miriam Way; John McDowell, 22690 Cardinal; John Mathews, 11733 Eton Drive; Bea Gigandet, 22743 Miriam Way; Mr. Schroeder, 22194 Van Buren; and Dick Rollins, 22700 DeBerry, who requested enforcement of the Ordinance if adopted. , Opposing Testimony Ken Rinderhagen, 12738 Wilmac, voiced objection to the portions of the ordinance relating to private property; indicated will continue to repair vehicles in driveway. Rebuttal Testimony Frank Gigandet, 22743 Miriam Way, recommended the Chamber try to get a business established in the City to provide a place for citizens to repair vehicles; questioned individuals repairing their own vehicles from a safety standpoint. 1110/83 Bea Gigandet, 22743 Miriam Way, feels cars should be repaired in owner's garages, rather than in driveways and on streets. John McDowell, 22690 Cardinal, questioned whether or not the CCS is accomplishing the purpose for which it is being subsidized by the City; recommended that organization assist with the enforcement of the ordinance, if adopted. Mayor Grant closed Public Hearing. Councilman Rigley indicated he had requested a more comprehensive ordinance than the litter ordinance, which would include property maintenance; cited many other items included in the ordinance other than the portion relating to vehicles; recommended adoption. Councilwoman Pfennighausen voiced objection to testimony against private individuals repairing their own vehicles; indicated some individuals cannot afford to have vehicles repaired elsewhere; felt enforcement of this ordinance will require an increase in staff. CC-83-305 Motion by Councilman Nix, Second by Councilman Rigley, to adopt Ordinance No. 73 by title only carried 4-1, with Councilwoman Pfennighausen voting NOE. The City Attorney read Ordinance No. 73 in its entirety. CC-83-306 Motion by Councilman Rigley, Second by Councilman Nix, to adopt Ordinance No. 73 carried 4-1, with Councilwoman Pfennighausen voting NOE. 0 CONSENT CALENDAR The following items were removed for discussion: (A) - Check Register No. 111083; (B) - Authorization to attend Financial Management Seminar; and (C) - Liability Claim No. LC-83-04. CC-83-307 Motion by Councilman Petta, Second by Mayor Grant, ALL AYES to approve the following Consent Calendar Items: D. - RESOLUTION NO. 83-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRA E, CA, AUTHORIZING THE SUBMITTAL OF THE TDA (SB 821) BICYCLE & PEDESTRIAN FACILITY CLAIM - ARTICLE 3; and E. - Confirm CRA Action Relative to Bid Award - Stairways & Stamperete Project at Terrace Hills Community Park. A. - Following clarification of the purpose of Warrant No. P3861, CC-83-308 Motion by Mayor Grant, Second by Councilman Petta, ALL AYES to approve Check Register No. 111083 as presented. Page 4 - 11/10/83 B. - Council questioned the Finance Officer attending the seminar if he would only be continuing employment with the City for a short time; the Finance Officer indicated his date of termination is CC-83-309 unknown at this time. Following discussion, Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to authorize the Finance Officer to attend a Financial Management Seminar in Monterey December 7-9, for an estimated cost of $499.00. C. - Action on rejecting Liability Claim No. LC-83-04 was deferred to the Meeting of November 17, 1983, pending legal clarification. PUBLIC PARTICIPATION Dick Rollins, 22700 DeBerry, questioned and received confirmation that a railing to be placed adjacent to the Terrace Hills Community Park restrooms is included in the stairways and stamperete project. Bob Keeney, 12139 So. Mt. Vernon, stated he plans to construct a residential project behind the Town & Country Plaza in an area which presently does not conform to the General Plan, but which may be changed in the amended General Plan; requested informal comments from Council which would indicate whether or not he should continue processing plans on the project so they could be ready for consideration of approval when the General Plan is adopted. Stated he recently presented this matter to the Planning Commission on an informal basis and received informal indication that it appears to be a good project, with minor modifications; access was a concern. The City Engineer stated a conditional use permit application for this project was rejected on the basis that State Law prohibits processing a project which is not in conformance with the General Plan and zoning; stated if the General Plan designation is changed as recommended by the Planning Commission, this project would still require a zone change, a specific plan and a conditional use permit under the density being requested for this project. This matter has been discussed with Mr. Keeney and the City Attorney. Council discussed the concern of gaining Gage Canal access; indicated no specific negative comments relative to the project; stated that any comments made during discussion should not be construed to imply approval of the project or the general plan designation, since neither of the matters has been reviewed at this time and there has been no staff review or recommendations; questioned when the general plan will be ready for review; the City Engineer indicated the public hearings will be scheduled in January or February. Dave Jones, Group W Cable, stated the City has a good cable system; one-third of the City has been marketed, with 750 connections being made to date, and a backlog of 133 connections, due to the good response; all problems with the utility companies have been solved, with the assistance of City staff; Edison has replaced the pole, which Page 5 - 11/10/83 will enable the last portion on Grand Terrace Road to be energized. Is working with Buena Vista Cable in Colton regarding servicing the Colton residents in the La Loma Hills area who have requested service from Group W Cable. Council questioned the expiration date for free installation; Mr. Jones indicated approximately February 1; the Administrative Assistant advised the marketing program, pursuant to the contract, was to have been done at one time, with residents being allowed 60 days from that time to receive free installation; however, due to the heavy response, it has been impossible to market the area at one time; a written statement has been requested from the manager specifying when the 60-day period will begin and end. Judy Rinderhagen, 12738 Wilmac, voiced objection to Council adopting Ordinance No. 73 relating to litter and property maintenance. Dennis Evans, 22064 DeBerry, stated he wrote directly to the City Attorney in August requesting an opinion be rendered regarding a City matter; understands the City Attorney received direction from one of the Council that he should at least respond; questioned when he will receive a response. Councilman Rigley stated the City is paying the City Attorney for services; any requests from private citizens for information or clarification from the City Attorney should be directed through the City Staff, not directly to the City Attorney. Mayor Grant requested the City Manager to investigate the nature of the request and determine whether or not a response is appropriate. Councilwoman Pfennighausen felt some response should be made, since the City Attorney has indicated a response is forthcoming. Recess was called at 9:40 p.m. and reconvened at 9:50 p.m. with all meme—mks present. PLANNING COMMISSION The Planning Director advised Municipal Services Inc. gave a presentation at the October 3 meeting regarding the Redevelopment Implementation Strategy; recommended Council review the minutes of that meeting. PARKS & RECREATION COMMITTEE Chairman Dick Rollins reported the following: (1) the November 7 regular meeting was adjourned for lack of a quorum; a special meeting has been called for November 14 to discuss the recreation element in the proposed general plan; the Committee feels land should be set aside for future parks; (2) recommended accepting resignation and making appointments as requested in the Committee Action Report. Page 6 - 11/10/83 CC-83-310 Motion by Councilwoman Pfennighausen, Second by Councilman Rigley, ALL AYES, to accept with regret the resignation of Sandra Kronmiller from the Parks & Recreation Committee. CC-83-311 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to appoint Lenore Frost to the Parks & Recreation Committee to fill the unexpired term of Dale Short, to expire June 30, 1986. CC-83-312 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to appoint Gary Dishaw to the Parks & Recreation Committee to fill the unexpired term of Ray Ramirez, to expire June 30, 1986. Motion by Mayor Grant, Second by Councilwoman Pfennighausen, to appoint Louis Galvez as acting appointee to the Parks & Recreation Committee to fill the unscheduled vacancy of Sandra Kronmiller, with permanent appointment for this vacancy to be made December 1, following legal posting of the vacancy. Councilman Nix voiced objection, feeling this action could indicate Council intends to appoint Mr. Galvez as a permanent member without due process of advertising and considering other applications for this vacancy. Councilwoman Pfennighausen withdrew the Second to the Motion; Mayor Grant stated the intent of the Motion was not to preclude consideration of other applicants; indicated he would not withdraw the Motion, which then died for lack of a Second. Mr. Rollins stated Lt. O'Rourke has advised the deputies will patrol Terrace Hills Community Park to discourage consuming alcoholic beverages. Councilman Rigley recommended the Committee submit a plan for acquiring land for future parks; in discussion it was noted that the lease between Mary gold Farms and So. California Edison Company will expire this Spring, that Edison may not be using some of the land for evaporation ponds as previously planned, and that the PUC is reviewing land owned by the utility companies and advising them to divest some of their land; therefore, this would appear to be an appropriate time to conduct proper negotiations with Edison. Mayor Grant acknowledged receipt of the 10-17-83 Committee Minutes. HISTORICAL & CULTURAL ACTIVITIES COMMITTEE Councilman Petta stated the duties and responsibilities for the Committee and the theater group's bylaws both include "performing arts," which is creating confusion for the Committee; indicated that Council clarified the purpose of the theater group on May 12 as theater only, and was not to affect the duties and responsibilities of the Historical & Cultural Activities Committee; since that time, the theater group has submitted its bylaws to Council for approval which r� include "performing arts" in its objectives; Barbara Mathews requested ffurther clarification from Council, due to the inclusion of that Page 7 - 11/10/83 phrase in the bylaws. Recommended that Council reaffirm its expressed intent of May 12; direct Staff to advise the theater group; advise Barbara Mathews of the clarification and indicate Council wishes her to remain as Chairman of the Committee, to continue her productive work. In discussion, Council confirmed support of both groups and felt no indication had been given of not supporting the Historical & Cultural Activities Committee; felt "performing arts" relates to theater, which includes drama, musical, and comedy stage plays; felt it would be appropriate to specify the intent of the theater group as "theater," due to the concern shown. CC-83-313A Motion by Councilman Petta, Second by Councilman Rigley, that Theatre on the Terrace strike the words "performing arts" from its bylaws. CC-83-313B Motion by Mayor Grant, Second by Councilman Rigley, to Amend Motion No. CC-83-313A that Council recommend to Theatre on the Terrace, by virtue of the semi -autonomy of Theatre on the Terrace, that the language in Section A, Article II be changed to read "...to provide a stage for theater by Grand Terrace residents for Grand Terrace residents primarily, but also welcoming any outside support." Following clarification that Council has no authority to mandate changes to the theater group's bylaws, and that the reference to "cultural" has already been deleted from that group's bylaws, the Motion to amend, No. CC-83-313B, carried, ALL AYES, and Motion No. CC-83-313B as amended carried, ALL AYES. 0 CC-83-314A Motion by Mayor Grant, Second by Councilman Petta, that Council reject the letter of resignation of Barbara Mathews. Councilwoman Pfennighausen stated she could not vote on a motion saying an individual's resignation is not accepted. CC-83-314B Motion by Councilman Rigley, Second by Mayor Grant, to amend Motion No. CC-83-314A to state that Council rejects the resignation of Barbara Mathews because of its desire for her to remain on the Historical & Cultural Activities Committee. The Motion to amend, No. CC-83-314B, carried, ALL AYES, and Motion No. CC-83-314A, as amended, carried, ALL AYES. Council commended the Committee for the highly successful Country Fair. CRIME PREVENTION COMMITTEE Vice -Chairman Gary Carnes reported the following: (1) in September the Committee identified goals; one of the first ones was to reactivate the Neighborhood Watch Program and to begin a property identification program; had a booth at the Country Fair - received ten inquiries and are following up on information relative to Neighborhood Watch Signs which need replacing; (2) presently reviewing a proposal for police Page 8 - 11/10/83 services submitted by staff - answer to staff forthcoming; (3) Edward �- Kelly was appointed in July and has not been participating; have been anticipating his resignation; and (4) recommended Council action relative to reducing the number of Committee members and appointment. CC-83-315 Motion by Councilman Rigley, Second by Councilman Petta, ALL AYES, to appoint Susan Crawford to the Crime Prevention Committee to fill the unexpired term of Evelyn Strawn, to expire June 30, 1984. CC-83-316 Motion by Councilman Nix, Second by Mayor Grant, ALL AYES, to declare the voting position of Edward Kelly vacant, due to lack of attendance at the Committee meetings, and to move him to alternate status. CC-83-317 Motion by Councilman Nix, Second by Councilman Petta, ALL AYES, to decrease the voting membership of the Crime Prevention Committee from ten to five members. EOC COMMITTEE The Administrative Assistant advised the Committee will be taking a field trip on its next regular meeting date, November 17, so will be unable to attend the City's Birthday celebration. CITY ENGINEER REPORT The City Engineer advised he attended the retirement dinner for John Shone and presented the City's Certificate of Commendation to him. CITY ATTORNEY REPORT The City Manager distributed an opinion prepared by the City Attorney regarding a question which had been raised relative to a possible conflict of interest for Council Members involved in real estate. CITY MANAGER REPORT Mayor Grant advised that he, Councilwoman Pfennighausen and the City Manager attended the Cities/County Forum at Lake Arrowhead November 3 and 4; requested the City Manager's report on that meeting be placed in the Council Reading Box and recommended review by Council; felt the meeting was beneficial. Councilwoman Pfennighausen stated the issue of financing state -mandated programs was addressed, resulting in group consensus that the State should finance programs it mandates; 1984 is considered to be a critical year for the cities and County to deal with the legislators; commended the City Manager for his representation of the City in Sacramento; feels help is needed from the people; a meeting will be held in San Bernardino November 22 relating to the State's fiscal responsibility; urged the public to attend. Page 9 - 11/10/83 The City Manager stated a report from the Governor's Partnership Task Force and attachments were distributed to Council in order to prepare a position statement relative to long-term financing to be heard by the Senate Local Government Committee November 22. 0 The City Clerk advised the Municipal Code proof will be returned to Book Publishing Company November 15; requested input prior to that date. Councilwoman Pfenni hausen reported the following: (1) the street sweeper made a clean sweep in front of her house two weeks ago; (2) cautioned there seems to be a proliferation of black widow spiders at this time; (3) questioned the cost of a hot water heater being installed in conjunction with the rehabilitation of the Community Center restrooms; the City Engineer clarified it is to be a 15 gallon heater for the restrooms only; that project has been re -advertised. Councilman Ri le questioned the cost to the City for the City ttorney s opinion distributed at this meeting relative to conflict of interest; for the record, relative to this item initiated by a member of the community, Dennis Evans - has the feeling, which has been promoted by Dennis Evans, that he didn't do this in the spirit of assisting the community; stated we have people like Dick Rollins, Barbara Mathews, and many citizens who have given time and effort to promote the good of the community, but so far from Dennis Evans, all that has been experienced is what appears to be hassling this administration and Council, and this is a concrete example. He has cost the City whatever it takes for the attorney's time on this. Feels that anybody concerned with this whole issue knows this issue of conflict of interest relative to two members of this Council should not have been presented to the City Attorney. Cautioned Council that if further items along this line are received from Dennis Evans to think carefully before taking action that will cost the City money as a result of his insistence to the City. Councilman Rigley recommended that recruitment begin for the Finance Officer's replacement if he plans to terminate in mid -January. ASSEMBLY BILL NO. 4 (ROBINSON) Mayor Grant advised Assemblyman Robinson has requested input on the proposed bill which is available for review in the Council Reading Box; requested that Council review the material and submit input. UTILITY RATE CONTROL The City Clerk advised the City of Bellflower has requested our City's support of a proposed resolution to be presented to the National League of Cities urging Congress and the President to take positive action to control utility rates; recommended support. Page 10 - 11/10/83 John Mathews, 11733 Eton Drive, voiced opposition to requesting public utility control at the national level, feeling the rates are not exorbitant, considering the controls, the State PUC and hearings presently required, which take taxpayers' dollars to administrate. Recommended leaving the matter at the State level. Councilman Nix concurred with Mr. Mathew's statements; questioned what can be done at the national level; felt the resolution is meaningless. Councilwoman Pfennighausen concurred, feeling the taxpayers will have to pay for government controlling that industry. Mayor Grant felt the resolution should be supported; felt the rates are too high and the utility companies should be so advised. CC-83-318A Motion by Mayor Grant, Second by Councilman Rigley, to write a letter of support to Councilman Christo of Bellflower, with the recommendation that the proposed resolution include all utility rates, such as natural gas, electricity, and telephone service, and enclosing copies of City resolutions indicating the City's concern for utility rate increases. CC-83-3188 Motion by Councilman Nix, Second by Mayor Grant, to amend the motion to recommend the proposed resolution call special attention to the apparent ineffectiveness of the existence of the PUC to act on behalf of the consumer public. The Motion to Amend, No. CC-83-318B, carried, ALL AYES, and Motion No. CC-83-318A, as amended, carried, ALL AYES. Mayor Grant reported the following: (1) toured the new Department of Manpower ervices Central Intake Offices, which is the successor to the Inland Manpower Association; (2) felt Country Fair was a total success; hopes there will be many more; (3) received a letter from Byron Matteson, Inland Empire Trade Club thanking Council for changing the council meeting and attending that Club's affair honoring the City; (4) attended SANBAG and Omnitrans meetings November 2; (5) attended the well -attended second annual City Halloween Carnival; (6) was advised by a resident on Carhart the street sweeper did a good job; (7) urged attendance at the November 22 Hearing before the Senate Government Committee by Council, the Chamber and the citizens. SIGN CODE The Planning Director advised the sign ordinance was reviewed by the Planning Commission, as directed, and input was received from the Chamber of Commerce. The Planning Commission recommends the sign ordinance not be amended, that variance applications be considered individually, and that the variance fees be reduced. In discussion it was noted there are presently 27 non -conforming signs, and the present fee for a structure variance is $294. Page 11 - 11/10/83 Councilman Petta advised he will not discuss or vote on this matter, since he has a business sign which is in this category. CC-83-319 Motion by Councilwoman Pfennighausen, Second by Councilman Nix, to lower the variance fees on the sign ordinance to $50.00; that the sign ordinance remain unchanged; and that variance requests are to be considered on an individual basis, carried 4-0, with Councilman Petta abstaining. ADJOURN The regular meeting adjourned at 11:40 p.m. to an adjourned regular meeting to be held at 7:00 p.m. on November 17, 1983 at the Terrace View Elementary School, 22731 Grand Terrace Road, Grand Terrace. Respectfully submitted, g i ty C r c 6f APPROVED: 5 Page 12 - 11/10/83